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Ill 


;  ii;i. 


ACTS  - 


AND 


LAWS 


OF  THE 


COMMONWEALTH 

MASSACHUSETTS. 


BOSl'ON-:    ■■    'J-'i  : 

Printed  by  Thomas  Adams, 

Printer   to   the   HONORABLE   GENERAL   COURT. 

M,DCC,XCII. 


Reprinted  by  Wright  &  Poiter  Printing  Company,  State  Printers. 

1895. 


6. 

I    :> 


mi  9Z  Nvr 

Sjj,3snHovssvwiOAHYH3nams 


ACTS  AND  LAWS. 

PASSED  BY  THE  GENERAL  COURT  OF  MASSACHUSETTS: 
BEGUN  AND  HELD  AT  BOSTON,  IN  THE  COUNTY  OF 
SUFFOLK,  ON  WEDNESDAY  THE  THIRTIETH  DAY  OF 
MAY,  ANNO  DOMINI,  1792. 


1793.  — Chapter  1. 

[May  Session,  ch.  1.] 

AN  ACT  PERMITTING  THE  NATURALIZATION  OF  PERSONS  PRO- 
SCRIBED BY  ANY  LAW  OF  THIS   COMMONWEALTH. 

Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives in  General  (Joiirt  assembled  and  by  the  authority  of 
the  same,  that  all  persons  proscribed  by  any  Law  or  Laws  Proscribed  per- 
ofthis  Commonwealth  maybe  naturalized  and  admitted  fz^e'd."'' ""'' 
as  Citizens,  in  the  same  manner  and  on  the  same  condi- 
tions as  are  directed  and  provided  in  case  of  other  Aliens, 
in  and  by  an  Act  of  the  United  States  in  Congress  assem- 
bled, entitled,  "  An  Act  to  establish  an  uniform  rule  of 
Naturalization ; "   any  Law  or  Eesolve   to   the    contrary 
notwithstanding  :  Provided  that  the  previous  proceedings  Proviso, 
at  a  common  law  Court  of  record,  required  by  that  Act, 
be  had  before  some  such  Court  within  this  Commonwealth. 

June  9,  1792* 

1793.  — Chapter  2. 

[May  Session,  ch.  2.] 

AN  ACT  TO  REPEAL  AN  ACT,  ENTITLED,  "AN  ACT  TO  INVEST 
THE  COMMITTEE  OF  THE  SECOND  PRECINCT  IN  REHOBOTH 
WITH  CORPORATE  POWERS  FOR  CERTAIN  PURPOSES  THEREIN 
MENTIONED"  AND  TO  INCORPORATE  A  NUMBER  OF  THE 
INHABITANTS  OF  SAID  PRECINCT  BY  THE  NAME  OF  THE 
CATHOLICK  CONGREGATIONAL  CHURCH  AND  SOCIETY  IN 
THE  SECOND  PRECINCT  IN  THE    TOWN  OF  REHOBOTH. 

Whereas  it  appears  to  this  Court  that  the  Congregational  Preamble. 
Church  <&  Society  ivithin  the  said  Precinct  whereof  the 

*  This  act  not  signed  by  governor. 


Acts,  1792.  —  Chapter  2. 


Act  repealed. 


Persons  incor- 
porated. 


Revd.  Robert  Rogerson  is  the  j)7'esent  minister,  have  built 
a  meeting  house  at  their  own  expence,  &  are  in  possession 
of  considerable  real  estate  generously  given  by  Epharim 
Hunt  deceased  for  the  purpose  of  supporting  the  Congrega- 
tional ministry  in  said  Church  and  Society.     Therefore 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  Genei'al  Court  assembled  S  by  the  authority  of 
the  same,  that  the  said  Act,  entitled,  "An  Act  to  invest 
the  Committee  of  the  second  precinct  in  Rehoboth  with 
corporate  powers  for  certain  purposes  therein  mentioned," 
passed  in  the  year  of  Our  Lord,  One  thousand  seven  liun- 
dred  and  sixty  one,  be,  &  it  is  hereby  repealed. 

And  be  it  further  Enacted,  that  the  Revd.  Robert  Rog- 
erson, Joshua  Smith,  John  Brown,  Ephraim  Bliss,   Seth 
Knap,  Samuel  Bullock,  Abiah  Bliss,  Thomas  Carpenter 
the  second,  Jonathan  Bliss,  Abdiel  Bliss,  Nathan  Bliss, 
Peter  Reed,  Samuel  Bliss,  David  Cushiug,  Uriel  Bowen, 
Peter   Bliss,  Ezekiel   Reed,   Ezra   Perry,    Elisha   Allen, 
Joseph    Kent,    Daniel    Martin,    Christopher    Carpenter, 
Joseph  Wheaton,  William  Bullock,  Ephraim  Bliss  junr, 
Samuel  Carpenter,  Abiah  Carpenter,  Thomas  Carpenter 
the  fourth,  Joseph  Wheaton  the  second,  Phillip  W^alker, 
Jacob  Cushing,  Ezekiel  Kent,  Ephraim  Turner,  Samuel 
Reed,  Joshua  Reed,  Abel  Perry,  Samuel  Bliss  the  second, 
Oliver  Bliss,  Thomas  Smith,  Abel  Carpenter  the  second, 
David  Bliss,  Amos  Lane,  Aaron  Fuller,  Isaac  Fowler, 
Thomas  Carpenter  the  third,  James  Bliss,  Joshua  Smith 
junr,  Abdiel  Bliss  junr,  David  Bliss  the  second,  Isaiah 
Allen,  Abel  Bliss,  James  Carpenter  the  second,  Robert 
Follet,  Lewis  Ormsbe,  Abiah  Bliss  junr,  Ezra  Perry  junr, 
Timothy  Perry,  Isaac   Burr,  Nathan   Munroe,  Jonathan 
Bliss  junr,  James  Bliss  the  second,  Simeon  Bliss,  Joseph 
Smith,  Ebenezer  Fuller,  Nathaniel  Fuller,  Josiah  Cushing, 
Joshua  Bliss  the   second,   Obediah  Bliss,   John  Adams, 
Joseph  Willmarth,   Christopher  Blanding,   Daniel  Will- 
marth,  David  Newman,  Samuel  Newman,  Kent  Bullock, 
Nathaniel    Peirce,    Eleazer   Bullock,    Samuel    Smith   the 
second,  Wilks  Walker,  John  Rogerson,  Ebenezer  Short, 
Nathan    Smith,    Thomas    Lincoln,    Stephen    Carpenter, 
Robert  King,  Joshua  Carpenter,  Nathaniel  Bliss  &  Wil- 
liam Bliss,  &  all  such  other  inhabitants  of  said  precinct, 
as  shall  hereafter  by  a  major  vote  of  said  Society  be  ad- 
mitted as  members  of  said  Society  at  a  regular  meeting  of 
the  qualified  voters  called  for  that  purpose,  be,  and  they 


Acts,  1792.  —  Chapter  2.  1 

hereby  are  incorporated  into  a  distinct  religious  society 
by  the  name  of  the  Catholick  Congregational  Cliurch  and 
Society  in  the  second  precinct  in  the  Town  of  Rehoboth, 
and  hereby  are  invested  with  all  the  powers,  privilidges 
and  immunities  that  Precincts  and  parishes  within  this 
Commonwealth  do  or  may  by  law  enjoy ;  and  the  Clerk 
of  said  Society  shall  from  time  to  ime  record  the  names 
of  all  persons  who  shall  become  meml)ers  thereof,  in  a 
Book  to  be  kept  for  that  purpose  ;  and  when  any  member 
of  that  Society  shall  request  a  dismission  therefrom  and 
signify  the  same  in  writing  to  the  said  Clerk,  he  shall 
make  a  record  thereof,  and  such  person  shall  no  longer 
be  considered  as  a  member  of  said  Society. 

And  be  it  further  Enacted,  that  Thomas  Carpenter  the  Trustees  ap- 
second,  Samuel  Bullock,  Jonathan  Bliss,  Jacob  Cushing  p°'°'«<^- 
&  Thomas  Carpenter  the  third,  the  present  trustees  of  the 
said  Precinct,  and    such  as    may  be    hereafter   annually 
chosen  by  said  Society  as  Trustees,  shall  be,  and  they 
hereby  are  impowered  by  the  name  of  the  Trustees  of  the  —empowered. 
Catholick    Congregational    Church    and    Society   in    the 
second  precinct  in  Iiehol)oth,  to  receive  all  the  donations 
and   subscriptions,  l)oth   real  and   personal,    now  in  the 
hands   of  the   Trustees  of  said  precinct ;    and  also   such 
other  grants,  appropriations  and  donations  real  or  per- 
sonal, as  have  been,  or  shall  hereafter  be  made  for  the 
purposes  aforesaid.  Provided  that  the  annual  income  of  Proviso, 
the  whole  shall  never  exceed  one  hundred  &  lifty  pounds  ; 
&the  said  Trustees  shall  apply  the  rents  issues  and  profits 
or  so  much  thereof  as  the  Society  shall  find  necessary,  for 
the  support  of  a  piou<5,  learned,  congregational  minister 
settled  in  the  work  of  the  ministry  in  said  Society. 

Provided  nevertheless,  that  if  it  shall  hereafter  so  happen, 
that  there  shall  be  no  such  minister  settled  in  the  said 
Society,  then,  in  every  such  case  the  income  arising  in 
such  vacation  shall  be  used  and  improved  to  supply  said 
Society  with  a  religious  preacher ;  and  if  there  shall  be  at 
any  time  a  surplussage  for  the  purposes  aforesaid,  all  such 
surpluss  shall  be  &  hereby  is  appropriated,  &  shall  be  used 
and  improved  by  the  said  Society,  for  building  or  repair- 
ing their  Meeting  House,  or  towards  the  support  of  a 
School  for  the  benefit  of  the  Society  as  they  shall  direct. 

And  he  it  further  Enacted,  that  all  bonds,  mortgages  &  -their  power. 
other  lawful  securities  duly  made  &  executed  to  the  pres- 
ent Trustees  of  said  precinct  or  their  predecessors  in  that 


8 


Acts,  1792.  —  Chapter  2. 


Society  to 
choose  Trustees 
annually . 


Trustees  to  be 
accountable  & 
removeable. 


—  to  call  meet- 
ings. 


Justice  impow- 
ered  in  case. 


Office,  shall  be  considered  as  good  and  valid  to  all  intents 
&  purposes,  &  may  be  sued  for  and  recovered  for  the  use 
of  said  Society,  by  the  Trustees  thereof,  or  their  suc- 
cessors in  said  Office,  in  the  same  manner  as  the  said 
bonds  mortgages  &  other  securities  might  have  been  sued 
for  and  recovered  by  the  said  Trustees  of  the  said  Pre- 
cinct, if  this  Act  had  not  passed,  &  the  Trustees  of  said 
Society  and  their  successors,  by  their  name  aforesaid,  msiy 
sue  and  be  sued  &  are  hereby  fully  authorized  by  them- 
selves or  by  their  Agents  or  Attornies,  to  appear,  plead 
and  defend  in  any  action  or  suit  brought  by  or  against 
them  in  their  said  capacity,  and  the  same  may  prosecute 
to  final  judgment  &  execution  in  any  Court  proper  to  try 
the  same. 

And  be  it  further  Enacted,  that  the  said  Society  at  their 
annual  meeting  in  March  or  April  are  hereby  fully  author- 
ized to  chuse  five  Trustees  for  the  year  ensuing  &  untill 
others  are  duly  chosen  &  qualified  in  their  stead  ;  and  the 
Trustees  of  said  Society  &  their  Successors  shall  at  all 
times  be  accountable  to  said  Society,  and  may  l)e  by  them, 
for  any  misdemeanor  or  failure  in  their  trust,  removed 
from  their  office;  &  in  case  of  death,  resignation  or  re- 
moval of  any  one  or  more  of  them,  it  shall  be  lawful  for 
said  Society  to  appoint  others  in  their  room  ;  &  the  Trus- 
tees of  said  Society  may  at  any  time  call  a  meeting  for 
that  purpose. 

And  be  it  farther  enacted,  that  the  Trustees  of  said  So- 
ciety and  their  successors  in  office  be,  and  hereby  are  im- 
powered  and  directed  to  call  a  meeting  of  said  Society 
sometime  in  the  month  of  March  or  April  annually,  to 
chuse  Trustees,  a  Treasurer  &  Clerk,  and  to  transact  such 
other  matters  as  shall  be  for  the  benefit  &  well  being  of 
the  said  Society,  which  meeting  shall  be  called  by  War- 
rant from  the  major  part  of  the  Trustees  for  the  time 
being,  directed  to  the  Clerk  of  the  said  Society,  contain- 
ing all  the  particulars  to  be  acted  upon  at  said  meeting ; 
&  the  said  Clerk  shall  notify  the  same,  by  posting  up  a 
Notification  thereof  at  the  meeting  house  where  said  So- 
ciety usually  meet  for  public  worship,  at  least  ten  days 
before  the  time  appointed  for  holding  said  meeting. 

And  be  it  further  Enacted,  that  if  the  Trustees  of  said 
Society  shall  at  any  time  neglect  or  refuse  to  call  a  meet- 
ing of  the  said  Society  when  thereunto  requested  in  writ- 
ing by  five  or  more  members  of  the  said  Society,  in  that 
case  upon  the  request  of  five  or  more  members  of  the  said 


Acts,  1792.  —  Chapter  3.  9 

Society  made  in  writing  to  any  Justice  of  the  Peace  for 
the  County  of  Bristol,  such  Justice  is  hereby  impowered 
to  issue  his  Warrant,  directed  to  some  principal  member 
of  said  Society  directing  him  to  notify  a  meeting  as  is 
before  directed,  to  act  on  the  particulars  mentioned  in 
said  request.  Approved  Jiaie  19,  1792. 


1793.  — Chapter  3. 

[May  Seasion,  ch.  3.] 

AN  ACT  IN  ADDITION  TO  AN  ACT,  INTITLED  "AN  ACT  FOR 
INCOUPORATING  CERTAIN  PERSONS  FOR  THE  PURPOSE  OF 
BUILDING  A  BRIDGE  OVER  MERRIMACK  RIVER  IN  THE 
COUNTY  OF  ESSEX  AND   FOR  SUPPORTING  THE   SAME." 

Whereas  the  Directors  of  Essex-Merrimack  Bridge  have  Preamble. 
petitioned  this  Court,  setting  forth,  tJiat  in  the  execution  of 
the  said  undertaking,  sundry  inconveniences  have  arisen 
to  them  from  the  particular  restrictions  of  the  said  act, 
respecting  the  form  of  the  said  Bridge,  and  praying  the 
interposition  of  this  Court  for  the  removal  of  the  same: 

Be  it  therefore  Enacted  by  the  Senate  &  House  of  Rep- 
resentatives in  General  Court  assembled  and  by  the  author- 
ity of  the  same,  that  in  the  building  and  compleating  of  Directors  em. 

.  .  .  ...  powered  with 

the  said  Bridge,  any  alterations  from  the  limitations  and  conditional  ai- 
restrictions  of  the  said  act,  so  far  as  the  same  respect  that  ^®''''''°"*- 
part  of  the  said  Bridge  which  lies  l)etween  Deer  Island 
and  Salisbury,  be,  and  hereby  are  authorized  and  allowed 
any  thing  in  the  said  act  to  the  contrary  notwithstanding : 

Provided  nevertheless,  that  there  shall  be  one  arch  at  Proviso, 
least  one  hundred  &  ten  feet  wide  and  a  convenient  draw 
for  the  passing  of  Vessels  at  least  forty  feet  wide ;  and 
provided  also,  that  there  shall  not  be  in  the  whole,  less 
vacancy  for  the  Passage  of  the  Water,  than  in  and  by  the 
said  act  is  required. 

And  be  it  farther  enacted  by  the  authority  aforesaid 
that  the  crown  of  the  arch  to  be  erected  between  New-  Dimensions  of 
bury  &  Deer  Island,  may  be  not  less  than  thirty  six  feet  *i^<""'=^- 
high  &  that  each  of  the  abutments  thereof  may  be  not  less 
than  twenty  four  feet  and  an  half  high,  above  common 
high  water  mark ;  &  that  braces  or  shores  may  be  placed 
from  the  abutments  of  the  said  arch  at  four  feet  and  an 
half  from  common  high  water  mark  to  pass  up  to  the  said 
arch  at  not  more  than  forty  eight  feet  distance  from  the 
top  of  the  said  abutments,  any  thing  in  the  said  act  to  the 
contrary  notwithstanding.  Approved  June  22,  1792. 


10 


Acts,  1792.  —  Chapter  4. 


Preamble. 


Act  repealed. 


Persons  incor- 
porated. 


1793.  — Chapter  4. 

[May  Session,  eh.  4.] 

AN  ACT  TO  INCORPORATE  CERTAIN  PERSONS  BY  THE  NAME  OF 
THE  CONGREGATIONAL  SOCIETY  IN  THE  FIRST  PRECINCT 
IN  THE  TOWN  OF  REHOBOTH  IN  THE  COUNTY  OF  BRISTOL 
WHEREOF  THE  REVD.  JOHN  ELLIS  IS  THE  PRESENT  PASTOR, 
—  AND  FOR  REPEALING  AN  ACT  MADE  AND  PASSED  IN  THE 
YEAR  OF  OUR  LORD  ONE  THOUSAND  SEVEN  HUNDRED  & 
SIXTY  TWO,  INTITLED  "  AN  ACT  TO  INVEST  THE  COMMITTEE 
OF  THE  FIRST  PRECINCT  IN  REHOBOTH  WITH  CORPORATE 
POWERS  FOR  CERTAIN  PURPOSES  THEREIN  MENTIONED." 

W/tereas  in  and  hy  said  Act  the  said  precinct  in  their 
corporate  capacity  are  authorized  anmially  to  appoint  a 
Committee  ivho  shall  he  a  body  corporate  hy  the  name 
of  the  Trustees  of  the  First  Precinct  in  ReJioboth,  with 
poiver  and  autliority  to  receive  the  sum  of  six  hundred 
pounds  <&  the  same  to  manage  &  conduct  until  the  same 
with  other  additional  funds  shall  amount  to  the  sum  of 
twelve  hundred  pounds  &  the  interest  of  said  fund  to 
appropriate  S  2^(iy  io  the  Minister  of  the  Congregational 
Church  residing  and  officiating  in  the  work  of  the  minis- 
try within  the  said  precinct  forever:  And  ivhereas  from 
a  change  in  the  religious  sentiments  &  professions  of  the 
inhabitants  of  said  precinct,  those  who  constitute  said 
Church  &  are  adherents  to  the  congregational  order  or 
denomination  of  Christians  are  become  the  minority  of 
the  inhabitants  of  said  precinct,  by  means  whereof  the 
fitness  and  propriety  of  said  precincfs  appointing  said 
Committee  or  Trustees  ceases  —  And  the  persons  hereafter 
named  being  the  Church  aforesaid  and  principal  part  of 
said  Congregational  order  or  denomination  of  Christians, 
having  petitioned  this  Court  to  be  incorporated  for  the 
purpose  of  managing  &  conducting  the  funds  and  estate 
of  every  description  holden  for  or  belonging  to  the  said 
Congregational  Society,  or  appropriated  to  the  support 
of  a  Minister  of  the  Congregational  Church  7'esiding  <& 
officiating  in  the  work  of  the  ministry  ivithin  the  said 
precinct.  — 

Therefore  be  it  Enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled  and  by  the 
authority  of  the  same,  that  the  afore  recited  Act  and 
every  clause  &  part  thereof  be  and  hereby  is  repealed. 

And  be  it  further  Enacted  that  John  Hunt,  Nathaniel 
Titus,  Nathan  Read,  Ebenezer  Carpenter,  John  Lindley, 


Acts,  1792.  —  Chapter  4.  11 

James  Lee,  Ebenezer  Bishop,  Jesse  Perin,  Moses  Walker, 
Elijah  Kent,  Oliver  Read,  Eichard  Whitaker,  Nathaniel 
Brown,  Nathaniel  Read,  Jonathan  Robinson,  Elisha  Car- 
penter, Asahel  Carpenter,  Daniel  Carpenter,  James  Mason, 
David  Perin,  Ephraim  Starkweather,  Ephraim  Walker, 
James  French,  John  French,  Nathaniel  Chaffee,  Benajah 
Sheldon,  Samuel  Brown,  Jonathan  Carpenter,  John 
Shorey,  Jacob  Shorey,  Simeon  Read,  Eliphalet  Slack, 
Samuel  Smith,  Abiel  Read,  David  Cooper,  Simeon  Goffe 
Remember  Kent,  David  Kennedy,  Comfort  Bishop,  John 
Comer,  Lewis  Walker,  George  Allen,  Nathan  Read  junior, 
Peter  Hunt,  Nathaniel  Hunt,  Josiah  Hunt,  Daniel  Perin, 
Thomas  Perin,  Noah  Perin,  Oliver  Starkweather,  Samuel 
Dixon,  Samuel  Stephens,  Stephen  Russell,  James  French 
junior,  Ebenezer  French,  Nathan  Daggett,  Abel  Shorey, 
Abel  Shorey  second,  David  Robinson,  Peter  Whitaker, 
Amos  Whitaker,  Jonathan  Brown,  Daniel  Chaffee,  Moses 
Walker  junior,  David  Newman,  Samuel  Brown  junior, 
Josiah  Brown,  Ephraim  Carpenter,  Otis  Walker,  Noah 
Robinson,  and  Edward  Ide  and  all  such  other  inhabitants 
of  the  said  first  precinct  in  Rehoboth  as  may  by  a  major 
vote  of  the  Society  hereby  constituted  be  admitted  to  the 
benefits  thereof  at  a  regular  meeting  of  the  qualified  voters 
called  for  that  purpose  ;  be  and  they  hereby  are  incorpo- 
rated into  a  distinct  religious  Society  by  the  name  of  the 
Congregational  Society  in  the  first  Precinct  in  the  town 
of  Rehol)oth,  and  are  hereby  invested  with  all  the  powers 
privileges  and  immunities  that  precincts  or  parishes  within 
this  Commonwealth  do  or  may  enjoy ;  and  the  Clerk  of 
said  Society  shall  from  time  to  time  record  the  names  of 
all  persons  who  shall  become  members  thereof  in  a  book 
to  be  kept  for  that  purpose  :  And  when  any  member  of 
said  Society  shall  request  a  dismission  therefrom  &  signify 
the  same  in  writing  to  the  said  Clerk,  he  shall  make  a 
record  thereof,  and  such  person  shall  no  longer  be  con- 
sidered as  a  member  of  said  Society. 

And  be  it  further  Unacted  that  John  Hunt,  Nathaniel  poTn'eTand'im. 
Titus,  Elijah  Kent,  Asahel  Carpenter  &  Eliphalet  Slack  powered. 
&  such  others  as  may  be  hereafter  annually  chosen  by 
said  Society  as  Trustees  shall  be  and  they  are  hereJiy 
inn)owercd  by  the  name  of  the  Trustees  of  the  Congre- 
gational Society  in  the  first  precinct  in  Rehoboth  to  take, 
hold,  receive  and  manage  all  the  estate  and  rights  of 
property  of  every  kind    l)oth  real   and    personal   which 


12 


Acts,  1792.  —  Chapter  4. 


Proviso. 


•  ilieir  power. 


Society  to 
choose  Trustees 
annually. 


Trustees  to  be 
accouDtable  & 
removeable. 


now  do  or  hereafter  may  appertain  and  belong  to  the 
Congregational  Society  or  are  legally  appropriated  to  the 
use  and  support  of  a  Congregational  Minister  in  the  first 
precinct  in  Rehoboth,  and  also  such  other  grants  appro- 
priations and  donations  real  or  personal  as  have  been  or 
shall  hereafter  be  made  for  the  purposes  aforesaid,  Pro- 
vided that  the  annual  income  of  the  whole  shall  never 
exceed  one  hundred  and  fifty  pounds ;  and  the  said  Trus- 
tees shall  apply  the  rents,  issues  and  profits  or  so  much 
thereof  as  the  said  Society  shall  find  necessary  for  the 
support  of  a  pious,  learned,  orthodox,  Congregational 
Minister  residing  and  officiating  in  the  work  of  the  minis- 
try in  said  Society  :  — 

Provided  nevertheless  that  if  it  shall  hereafter  so  happen 
that  there  shall  be  no  such  Minister  settled  in  the  said 
Society,  then  and  in  every  such  case,  the  income  arising 
in  such  vacation  shall  be  used  and  improved  to  supply 
said  Society  with  a  religious  Preacher ;  and  if  there  shall 
be  at  any  time  a  surplussage  for  the  purpose  aforesaid, 
all  such  surplussage  shall  be  hereby  appropriated  and  shall 
be  used  and  improved  by  the  said  Society  for  building  or 
repairing  their  meeting-house  or  for  the  support  of  a 
school  for  the  benefit  of  the  said  Society  as  they  shall 
direct. 

And  be  it  further  Enacted^  that  the  said  Trustees  in 
their  aforesaid  capacity  are  hereby  fully  authorized  and 
impowered  to  sue  and  be  sued,  to  plead  and  be  impleaded 
to  answer  and  to  be  answered  unto  to  defend  &  be  de- 
fended against  in  all  Courts  and  places  and  before  all 
proper  Judges  whatsoever  in  all  and  singular  suit  and 
suits,  causes  and  actions  of  what  kind  soever:  —  And  if  it 
shall  so  happen  that  the  said  Society  shall  become  seized 
of  lands  or  tenements  by  mortgage  as  security  for  pay- 
ment of  any  debt  or  debts  or  by  levying  execution  on 
lands  or  tenements  for  discharging  any  debt  or  debts  that 
shall  be  due  to  the  said  Society,  it  shall  be  lawful  for  the 
Trustees  aforesaid  to  sell  and  convey  the  lands  and  tene- 
ments acquired  by  either  of  the  two  ways  last  mentioned. 

And  he  it  further  enacted  that  the  said  Congregational 
Society  at  their  annual  meeting  in  the  month  of  March  or 
April  are  hereby  fully  authorized  to  choose  five  Trustees 
for  the  year  ensuing  and  to  continue  in  office,  until  others 
are  duly  chosen  &  qualified  to  act  in  their  stead  :  And  the 
said  Trustees  and  their  successors  shall  at  all  times  be 
accountable  to  said  Society  and  may  be  by  them  for  any 


Acts,  1792.  —  Chapter  5.  13 

misdemeanor  or  foilure  in  their  trust,  removed  from  their 
office,  and  in  cases  of  death  resignation  or  removal  of 
any  one  or  more  of  them  it  shall  be  lawful  for  said  Society 
to  appoint  others  in  their  room,  and  the  Trustees  of  said 
Society  may  at  any  time  call  a  meeting  for  that  pur- 
pose. 

And  be  it  further  Enacted  that  the  Trustees  of  the  said  -to  can  meet- 
Congregational  Society  and  their  Successors  in  office  be 
and  they  are  hereby  impowered  and  directed  to  call  a 
meeting  of  said  Congregational  Society  some  time  in  the 
months  of  March  or  April  annually,  to  choose  Trustees, 
Treasurer  and  Clerk  and  to  transact  such  other  matters  as 
shall  be  for  the  benefit  and  well  being  of  the  said  Society, 
which  meeting  shall  be  called  by  warrant  from  the  major 
part  of  the  Trustees  for  the  time  being  directed  to  the 
Clerk  of  the  said  Society,  containing  all  the  particulars 
to  be  acted  upon  at  said  meeting ;  and  the  said  Clerk  shall 
notify  the  same  by  posting  up  a  notification  thereof  at  the 
meeting  house  where  the  said  Society  usually  meet  for 
public  worship,  at  least  ten  days  before  the  time  ap- 
poiirted  for  holding  said  meeting. 

Be  it  further  Enacted  that  if  the  Trustees  of  said  So-  justice  empow- 
ciety  shall  at  any  time  neglect  or  refuse  to  call  a  meeting  ^''''^ '"  ''"^®* 
of  said  Society  when  thereunto  requested  in  writing,  by 
five  or  more  of  said  Society,  then  and  in  that  case,  upon 
the  request  of  five  or  more  Members  of  said  Society  made 
in  writing  to  any  Justice  of  the  peace  for  the  County  of 
Bristol,  such  Justice  is  hereby  impowered  to  issue  his 
warrant  directed  to  some  principal  member  of  said  So- 
ciety, directing  him  to  notify  a  meeting  as  is  before 
directed  to  act  upon  such  particular  articles  as  are  men- 
tioned in  said  warrant.  Ap2)roved  June  23,  1792. 

Chapter  5. 

[May  Session,  ch.  5.] 

AN  ACT  FOR  INCORPORATING  A  NUMBER  OF  THE  INHAB- 
ITANTS OF  THE  TOWN  OF  NEW  BEDFORD  IN  THE  COUNTY 
OF  BRISTOL  INTO  A  SEPERATE  PARISH. 

Whereas  a  number  of  the  Inhabitants  of  the  southerly  preamble. 
part  of  Neiv  Bedford,  have  petitioned  this  Court  to  be 
incorporated  into  a  seperate  Precinct,  by  the  name  of  the 
second  Precinct  in  New  Bedford;  and  it  appearing  to 
this  Court  reasonable  that  the  prayer  of  said  Petition  be 
gi'anted. 


14 


Acts,  1792.  —  Chapter  6. 


Parish  in  New. 
Bedford,  incor- 
porated. 


Limited  time  for 
remaining  in  the 
first  Parish. 


Lemuel  Wil- 
liams, Esq  to 
issue  warrant. 


Be  it  therefore  enacted  by  the  Senate  &  House  of  Rep- 
resentatives in  General  Court  assembled^  and  by  the  author- 
ity of  the  same,  that  the  inhabitants  of  the  southerly  part 
of  the  Precinct  of  New  Bedford,  beginning  at  the  north- 
west corner  l)ound  of  the  homestead  farm  of  Thomas  Nye 
late  deceased,  thence  running  in  the  north  line  of  said 
farm  to  the  east  end  thereof,  thence  on  the  same  course  to 
Rochester  line,  thence  southerly  in  said  line  till  it  comes 
to  the  Waters  of  Buzzard's  Bay,  thence  easterly  &  north- 
erly by  the  waters  of  said  Bay  &  the  easterly  side  of  the 
harbour  of  New  Bedford  to  the  bound  first  mentioned,  in- 
cluding all  the  lands  with  the  inhabitants  living  thereon, 
&  their  estates  within  the  town  of  New  Bedford  south  of 
the  first  mentioned  line,  together  with  Jeremiah  Mayhew, 
William  Claghorn,  and  John  Gerrish,  living  on  the  west- 
erly side  of  said  harbour,  with  their  families  &  estates  be, 
and  they  hereby  are  incorporated  into  a  seperate  Parish, 
by  the  name  of  the  second  Precinct  in  New  Bedford  with 
all  the  powers,  priviledges  &  immunities,  which  other 
precincts  in  this  Commonwealth  are  intitled  to  by  law. 

Be  it  enacted  by  the  authority  aforesaid,  that  any  of  the 
inhabitants  within  the  said  second  Precinct  who  shall  lodge 
their  names  with  the  Precinct  Clerk  of  the  first  Parish  in 
said  Town,  within  two  months  from  the  passing  this  Act, 
expressing  their  desire  to  remain  &  belong  to  the  first 
Parish,  shall  have  liberty  to  belong  thereto. 

Be  it  further  Bnacted  by  the  authority  aforesaid,  that 
Lemuel  Williams  esqr.  be,  &  he  hereby  is  authorized  to 
issue  his  Warrant,  directed  to  some  principal  inhabitant 
within  the  second  Precinct  aforesaid,  requiring  him  to 
warn  the  inhabitants  of  said  second  Precinct,  qualified  by 
law  to  vote  in  Precinct  meetings,  to  assemble  at  some 
suitable  time  &  place  in  said  town,  to  chuse  such  oflicers 
as  Precincts  are  by  law  impowered  to  chuse  in  the  month 
of  March  or  April  annually  ;  &  to  transact  all  matters  and 
things  necessary  &  lawful  to  be  done  in  the  said  precinct. 

Approved  June  23,  1792. 


Preamble. 


1793. -Chapter  6. 

[May  Session,  ch.  6.] 

AN  ACT  TO  INCORPORATE  SUNDRY  PERSONS  BY  THE  NAME  OF 
THE   PRESIDENT   AND   DIRECTORS   OF  THE   UNION  BANK. 

Whereas  Stephen  Higginson  and  others  have  in  their 
petition  to  this  Court  proposed  to  raise  a  fund  for  the 


Acts,  1792.  —  Chapter  6.  15 

establishment  of  a  Bank,  and  are  already  in  possession  of 
partial  deposits  therefor: 

Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  authority  of 
the  same,  that  Stephen  Higginson,  Caleb  Davis,  William  Persons  incor- 
Tudor,  Oliver  Wendell,  Nathaniel  Fellows,  Joseph  Cool-  p°'''''^'*- 
idge,  William  Smith,  Joseph  Blake,  Frederick  William 
Geyer,  Daniel  Hubbard  and  David  Greene,  their  asso- 
ciates successors  and  assigns  shall  be  and  they  hereby  are 
created  a  Corporation  and  Body  Politic  by  the  name  and 
stile  of  "The  President  and  Directors  of  the  Union 
Bank,"  and  shall  so  continue  until  the  first  monday  of  Oc-  Their  powers. 
tober  one  thousand  eight  hundred  &  two,  and  by  the  name 
aforesaid,  the  said  Corporation  shall  be  and  they  hereby 
are  made  able  and  capable  in  law  to  sue  &  be  sued,  plead 
and  be  impleaded,  answer  and  be  answered  unto,  defend 
and  be  defended,  in  Courts  of  record  or  any  other  })lace 
whatever,  and  also  to  make,  have  and  use  a  common  Seal, 
and  the  same  again  at  pleasure  to  break  alter  &  renew,  and 
also  to  ordain,  establish  and  put  in  execution  such  b^^e 
laws  ordinances  and  regulations  as  to  them  shall  seem 
necessary  and  convenient  for  the  Government  of  said  Cor- 
poration and  the  prudent  management  of  their  affairs ; 
provided  such  bye  laws  and  regulations  shall  be  in  no  Proviso. 
wise  contrary  to  the  laAvs  and  Constitution  of  the  Com- 
monwealth, and  the  said  Corporation  shall  be  always  sub- 
ject to  the  rules,  restrictions,  limitations  and  provisions 
herein  prescribed. 

Be  it  further  enacted  by  the  authority  aforesaid  that  the  Limitation  of 
Capital  Stock  of  said  Corporation  shall  consist  of  a  sum  stock?"^'"*' 
not  less  than  four  hundred  thousand  dollars  nor  more  than 
eight  hundred  thousand  dollars  in  specie  &  shall  be  di- 
vided into  one  hundred  thousand  shares,  and  the  evidence 
of  the  deposits  already  made  and  held  by  the  Petitioners 
and  their  associates,  shall  be  considered  and  received  as 
evidence  of  deposits  in  the  Bank  herein  established ;  and  stockiioiderB  to 

Ci6t6rDlIU6  TG- 

the  Stockholders  at  their  first  meeting  shall  by  a  majority  specungpay. 
of  votes,  determine  the  amount  of  the   payments  to  be  ™^°  ^' 
made  on  each  share,  and  the  mode  of  transfering  and  dis- 
posing of  the  stock  and  profits  thereof,  provided  the  same 
shall  not  in  any  way  directly  or  indirectly  depend  on  the 
contingency  of  lives,  which  being  entered  in  the  books  of 
said  Corporation  shall  be  binding  upon  the  Stockholders, 
their  successors  and   assigns,  provided  however  that  the  provisos. 
payments  so  agreed  to  be  made  shall  not  form  a  Stock 


16 


Acts,  1792.  —  Chapter  6. 


Method  of  pay- 
ments. 


Provieo. 


Method  of 

legally  possess- 
ing and  dispos- 
ing of  estates. 


Constitutional 
articles. 


Appropriations. 


consisting  of  less  than  four  hundred  thousand  dollars,  nor 
more  than  eight  hundred  thousand  dollars  as  aforesaid ; 
and  the  sum  that  shall  thereupon  remain  to  be  paid  shall 
be  paid  in  by  the  following  installments  —  One  third  part 
thereof  on  or  before  the  first  day  of  October  next,  one 
other  third  part  thereof  on  or  before  the  first  day  of  April 
next,  and  the  remaining  third  part  thereof,  on  or  before 
the  first  day  of  October  one  thousand  seven  hundred  and 
ninety  three, — and  in  case  any  of  the  stockholders  in 
said  Corporation  shall  fail  to  compleat  any  of  their  future 
payments  they  shall  forfeit  their  former  payments  to  the 
use  of  the  Corporation  aforesaid ;  provided  also  if  any 
interest  rents  or  profits  of  this  Bank  shall  be  used  or  im- 
proved to  facilitate  the  operations  of  the  Tontine  associa- 
tion or  any  other  association  founded  on  similar  principles 
that  thereupon  this  Act  shall  become  void. 

Be  it  further  enacted  by  the  authority  aforesaid,  that  the 
said  Corporation  by  the  name  aforesaid  shall  be,  and  they 
hereby  are  declared  able  and  capable  in  law  to  have,  hold, 
purchase,  receive,  possess  enjoy  &  retain  to  them,  their 
successors  and  assigns,  lands,  rents,  tenements  and  heredit 
aments  to  the  amount  of  two  hundred  thousand  dollars, 
and  no  more  at  any  one  time,  and  also  monies,  goods, 
chattels  and  efiects  to  the  amount  of  two  millions  of  [of] 
dollars,  and  no  more  including  their  original  Stock  and  to 
sell,  bargain,  grant,  demise,  alien,  or  dispose  of  the  same 
lands,  rents  and  tenements  and  to  loan  negociate  and  dis- 
pose of  said  monies,  goods,  chattels  and  effects  by  taking 
mortgages  on  lands,  and  by  discounting  on  banking  prin- 
ciples on  such  security  as  they  shall  think  adviseable. 

Be  it  further  enacted  by  the  authority  aforesaid,  that  the 
following  Rules,  regulations,  restrictions,  limitations  and 
provisions  shall  form  and  be  fundamental  articles  of  the 
Constitution  of  said  Body  politic,  Vizt. 

First  —  That  one  fifth  part  of  the  whole  funds  of  this 
Bank  shall  be  always  appropriated  to  Loans  to  be  made  to 
Citizens  of  this  Commonwealth,  not  resident  in  the  Town 
of  Boston,  and  wherein  the  Directors  shall  wholly  and  ex- 
clusively regard  the  Agricultural  interest,  which  loans 
shall  be  made  in  sums  of  not  less  than  one  hundred  dol- 
lars nor  more  than  one  thousand  dollars,  and  upon  the 
personal  bond  or  note  of  the  borrower  with  collateral 
security  by  a  sufficient  mortgage  of  real  estate  for  a  term 
not  less  than  one  year  and  on  condition  of  paying  the 


Acts,  1792.  —  Chapter  6.  17 

interest  annually  on  such  loans  subject  to  such  forfeiture 
and  right  of  redemption  as  by  law  is  provided. 

Second  —  The  said  Corporation  shall  not  owe  at  any  corporation 
one   time   more  than  twice  the  amount  of  their  Capital  ^ebtJ^iiTa 
Stock,   in  addition  to  the   simple  amount  of  all  monies  limited  sum. 
actually  deposited  in  said  Bank  for  safe  keeping,  and  in 
case  of  any  excess  the  Directors  under  whose  administra- 
tion it  shall  happen  shall  be  liable  for  the  same  in  their 
private  capacity ;  but  this  shall  not  be  construed  to  ex- 
empt the  said  Corporation  or  any  estate  real  or  personal 
which  they  may  hold  as  a  body  corporate  from  being  also 
liable  for  and  chargeable  with  such  excess. 

Third  —  That  the  lands,  tenements  and  hereditaments  Estates  heid  for 
which  said  Corporation  shall  hold,  shall  be  only  such  as  '=°°^'«°'«'°'=y- 
shall   be   requisite   for  the  convenient  transaction   of  it's 
business,  and  such  as  shall  have  been  bona  fide  mortgaged 
to  it  by  way  of  Security  or  conveyed  to  it  hy  way  of  sat- 
isfaction of  debts  previously  contracted. 

Fourth  —  That  said  Corporation  shall  not  vest  use  or  —not  to  be  used 
improve  any  of  their  monies  goods  chattels  or  eflects  in  '°  <=°'"'»^'"<=^- 
trade   or  commerce,  but  may  sell  all   kinds   of  personal 
pledges  lodged  in  their  hands  by  way  of  security  to  an 
amount  sufficient  to  reimburse  the  sum  loaned. 

Fifth  —  That  for  the  well  ordering  of  the  affiiirs  of  said  Time  and  place 
Corporation  a  meeting  of  the  Stockholders  shall  be  held  of  stockhoid-^ 
in  Boston   or   at   such  other   place   as  the   Stockholders  ^"* 
shall  direct  on  the  first  monday  of  September  annually, 
&  at  any  other  time  during  the  continuance  of  said  Corpo- 
ration at  such  house  and  at  such  hour  of  the  day  as  shall 
be  appointed  by  the  President  and  Directors  for  the  time 
being  by  notifications  in  two  public  news  papers  in  the 
Town  of  Boston,  three  weeks  successively  before  the  time 
appointed  for  such  meeting  at  which  annual  meeting  there 
shall  be  chosen  by  ballot  Twelve  Directors  who  shall  con- 
tinue in  office  the  year  ensuing  their  election. 

Sixth  —  None  but  a  Member  of  said  Corporation  being  cashier  must  be 
a  Citizen  of  this  Commonwealth  &  resident  therein  shall  ^  °'^^^^^- 
be  eligible  to  the  office  of  a  Director  or  Cashier. 

Seventh  — No  Director  of  any  other  Bank  shall  be  eli-  wH^in'nffi'p -n 

,  .  -^^  noJu  an  omce  in 

gible  to  the  office  oi  a  Director  in  this  Bank,  although  he  any  other  Bank. 
may  be  a  Stockholder  herein,  and  any  Director  accept- 
ing an  office  in  any  other  Bank  shall  be  deemed  to  have 
vacated  his  place  in  this  Bank. 

Eighth  —  No  Stockholder  in  said  Bank  shall   be  con-  interest  requi- 
sidered  as  qualified  to  vote  in  the  election  of  the  Officers  an  EYectorl'^^ 


18 


Acts,  1792.  —  Chapter  6. 


Proviso. 


President  to  be 
a  Director. 


No  director 
intitled  to  pay, 
except  the 
President. 


Number  which 
constitute  a 
Board. 


Directors  eligi- 
ble for  the  next 
election. 


Cashier  to  give 
bonds. 


Bills  issued,  to 
be  binding. 


Dividends. 


Directors  em- 
powered  to 
choose  officers. 


Loans  to  for- 
eigners forbid- 
den, condition- 
ally. 


of  said  Bank,  or  in  any  of  the  affairs  thereof,  unless  he 
shall  be  interested  therein  to  the  amount  of  one  hundred 
dollars,  and  the  Stockholders  thus  qualified  shall  vote  in 
proportion  to  their  property  in  the  following  ratio,  that 
is  to  say,  every  holder  of  one  hundred  dollars  shall  have 
one  vote  and  every  two  hundred  dollars  above  one  hun- 
dred dollars  shall  give  a  right  to  one  vote  more,  provided 
that  no  one  Member  shall  have  more  than  Ten  votes,  and 
absent  Members  may  vote  by  proxy  authorized  in  writing, 
and  in  all  elections  in  the  first  instance  a  majority  of  votes 
shall  be  necessary  to  determine  the  same,  but  in  case  of 
a  second  trial  a  plurality  shall  decide  the  vote. 

Ninth  —  The  Directors  shall  chuse  one  of  their  own 
number  to  act  as  President. 

Tenth  —  No  Director  shall  be  entitled  to  any  emolu- 
ment for  his  services,  but  the  Stockholders  may  make 
the  President  such  Compensation,  as  to  them  shall  appear 
reasonable. 

Eleventh  —  Not  less  than  seven  Directors  shall  consti- 
tute a  Board  for  the  transaction  of  business,  of  whom  the 
President  shall  always  be  one  except  in  case  of  sickness 
or  necessarj^  absence  in  which  case  the  Directors  present 
may  chuse  a  Chairman  for  the  time  being. 

Twelfth  — Not  more  than  three  fourths  of  the  Directors 
in  Office  exclusive  of  the  President,  shall  be  eligible  for 
the  next  succeeding  year,  but  the  Director  who  shall  be 
President  at  the  time  of  an  election  may  be  re-elected. 

Thirteenth  —  The  Cashier  before  he  enters  upon  the 
duties  of  his  office  shall  give  bond  with  two  or  more 
sureties  to  the  satisfaction  of  the  Board  of  Directors  in 
a  sum  not  less  than  twenty  thousand  dollars,  with  con- 
dition for  the  faithful  discharge  of  the  duties  of  his  office. 

Fourteenth  —  All  bills  issued  from  the  Bank  aforesaid 
and  signed  by  the  President  shall  be  binding  on  said 
Corporation,  but  it  shall  not  be  lawful  for  them  to  issue 
any  bills  of  a  less  denomination  than  five  dollars. 

Fifteenth  —  The  Directors  shall  make  half  yearly  divi- 
dends of  all  the  profits,  rents,  premiums  &  interests  of 
the  Bank  aforesaid. 

Sixteenth  —  The  Directors  shall  have  power  to  appoint 
a  Cashier  and  such  other  Officers  &  Clerks  for  carrying 
on  the  business  of  the  Bank  with  such  salaries  and  allow- 
ances as  to  them  shall  seem  meet. 

Seventeenth  —  No  loans  shall  be  made  by  the  Directors 
of  said  Corporation  for  the  use,  or  on  account  of  any 


Acts,  1792.  —  Chapter  6.  19 

foreign  Prince  or  State,  unless  previously  authorized  by 
a  law  of  this  Commonwealth. 

And  be  it  further  enacted  hy  the  authority  aforesaid, 
that  whenever  the  Legislature  shall  require  it,  the  said  J;q-uire\oan^1u 
Corporation  shall  loan  to  the  Commonwealth  any  sum  a  limited  sum. 
of  money  not  exceeding  one  hundred  thousand  dollars, 
reimbursable  by  five  annual  installments  or  at  any  shorter 
period  at  the  election  of  the  Commonwealth,  with  the 
annual  payment  of  interest  at  a  rate  not  exceeding  five 
per  centum  per  annum,  provided  hoivever  that  the  Com- 
monwealth shall  never  at  any  one  time  stand  indebted 
to  said  Corporation  for  a  larger  sum  than  one  hundred 
thousand  dollars. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  principal  seat  of  said  Bank  shall  be  in  the  Town  stockholders 
of  Boston  or  in  such  other  place  within  this  Common-  appoint*^a%rin- 
wealth  as  the  Stockholders  shall  direct,  but  the  Directors  ''^p"'  p""=^- 
may  at  any  future  period  establish  offices  for  the  purpose 
of  loans,  discounts,  and  deposits  in  such  other  Towns 
within  this  Commonwealth,  and  commit  the  management 
thereof  to  such  persons  and  under  such  regulations  as  to 
the  Directors  shall  seem  proper  and  adviseable. 

And  ivhereas  it  is  repugnant  to  the  principles  of  a  free  Preamble. 
Government,  that  the  property  of  any  of  its  Citizens  should 
be  placed  out  of  the  reach  of  their  just  creditors; 

Be  it  further  enacted  by  the  authority  aforesaid  that  BaXii7bieto^ 
the  property  of  every  individual  member  of  said  Cor-  attachtnents  for 
poration  vested  in  said  corporate  funds  shall  be  liable  of  just  debts. 
to  attachment,  and  to  the  payment  &  satisfaction  of  his 
just  debts  to  any  of  his  bona  fide  creditors  in  manner  fol- 
lowing—  Vizt.  — In  addition  to  the  summons  hy  law  pre- 
scribed to  be  left  with  the  debtor,  a  like  summons  shall 
be  left  with  the  Cashier  of  said  Bank,  and  the  debtor's 
shares  in  the  said  corporate  funds  together  with  the 
interests,  rents  and  profits  due  and  growing  due  thereon 
shall  thereby  be  held  to  respond  said  suit  according  to 
law  ;  and  all  transfers  of  the  debtors  shares  not  noted  in 
the  Bank  books  previous  to  the  delivery  of  such  summons 
shall  be  barred  thereby  ;  and  execution  may  be  levied 
upon  the  property  of  any  Stockholder  in  said  bank,  and 
his  shares  therein  be  exposed  to  sale  in  the  same  manner 
as  is  by  law  provided  where  personal  estate  is  taken  in 
execution ;  and  it  shall  be  the  duty  of  the  Officer  who 
extends  such  execution  to  leave  an  attested  copy  thereof 
with  his  doings  thereon  with  the  Cashier  of  said  Bank, 


20  Acts,  1792.  —  Chapter  6. 

and  the  purchaser  shall  thereupon  be  entitled  to  the  recep- 
tion of  all  dividends  and  stock,  and  to  the  same  privileges 
as  a  member  of  said  Corporation,  that  the  debtor  pre- 
viously was  intitled  to,  and  upon  any  attachment  being 
made  or  execution  levied  on  any  shares  in  said  Bank,  it 
shall  be  the  duty  of  the  Cashier  of  said  Bank  to  expose 
the  books  of  the  Corporation  to  the  Officer,  and  to  furnish 
him  with  a  certificate  under  his  hand  in  his  official  capacity 
ascertaining  the  number  of  shares  the  debtor  holds  in  said 
Bank,  and  the  amount  of  the  dividends  thereon  due. 
Committee  em-       ]^q  h  further  enacted   by  the  authority  aforesaid   that 

powered.  /-^  •  -n  •  iiit         -i 

any  Committee,  specially  appointed  by  the  Legislature 
for  the  purpose,  shall  have  a  right  to  examine  into  the 
doings  of  said  Corporation  and  shall  have  free  access  to 
all  their  books  —  and  if  upon  the  report  of  such  Commit- 
tee it  shall  be  found,  and  after  a  full  hearing  of  said  Cor- 
poration thereon,  be  determined  l)y  the  Legislature,  that 
said  Corporation  have  exceeded  the  powers  herein  granted 
them  or  failed  to  comply  with  any  of  the  rules,  restric- 
deciL7ed'^vorcrin  tious  and  coiiditions  in  this  Act  provided,  their  incorpo- 
case.  ration  shall  thereupon  be  declared  forfeited  and  void,  & 

the  same  shall  be  announced  by  Proclamation  from  the 
Supreme  Executive  authority  of  the  Commonwealth. 
Interest  of  the        Aiid  he  it  further  enacted  that  this  Commonwealth  shall 

Commonwealth  .i*^,.  i     •         ^  •it->i* 

therein.  havc  a  right  to  bc  interested  m  the  said  Bank  in  a  pro- 

portion not  exceeding  one  third  of  the  whole  amount 
thereof,  including  the  sum  which  may  be  subscribed  by 
the  said  Commonwealth,  on  such  terms  and  on  such  con- 
ditions, and  under  such  regulations  as  the  Legislature  shall 
hereafter  determine.  — provided  always,  that  the  profits 
of  the  said  Commonwealth  shall  be  in  proportion  to  their 
deposits. 

And  he  it  further  enacted  hy  the  authority  aforesaid, 

Persons  author-  j^\^c^^  ^j^g  Dcrsons  herein  before  named  or  any  three  of  them 

ized  to  call  a  i-n  tt  i  •  f     ^ 

meeting.  are  authoi'ized  and  directed  to  call  a  meeting  or  the  mem- 

bers and  Stockholders  of  said  Corporation  as  soon  as  may 
be  in  Boston,  by  advertising  the  same  for  three  weeks 
successively  in  the  Independent  Chronicle  for  the  purpose 
of  their  electing  a  first  Board  of  Directors,  who  shall  con- 
tinue in  office  'till  the  first  monday  of  October  one  thou- 
sand seven  hundred  and  ninety  three,  that  said  Corporation 
may  take  efiect  as  soon  as  may  be. 

Approved  June  25, 1 792. 


Acts,  1792.  —  Chapter  7.  21 


1793.— Chapter  7. 

[May  Session,  ch.  10.] 

AN  ACT  IN  ADDITION  TO  THE  SEVERAL  ACTS  NOW  IN  FORCE 
WHICH  RESPECT  THE  CARTING  &  TRANSPORTING  GUN  POW- 
DER THROUGH  THE  STREETS  OF  THE  TOWN  OF  BOSTON  & 
THE   STORAGE   THEREOF  IN  THE   SAME  TOWN. 

Whereas  the  provisions  in  the  said  Acts  made  have  heen  Preamble. 
found  insufficient  to  prevent  the  carting  S  transporting  Gun 
Powder  through  the  Streets  of  the  said  Town  in  a  danger- 
ous &  alarming  mode. 

Be  it  Enacted  hy  the  Senate  &  House  of  Representa- 
tives in  General  Court  Assembled  &  by  the  authority  of 
the  same,  that  from  &  after  the  first  day  of  August  next  i^g'gunp^oVder! 
no  Gun  Powder  shall  ])e  carried  or  transported  to  or  from 
the  Magazine  within  the  said  Town  or  through  any  of  the 
Streets  thereof  in  any  quantity  exceeding  twenty  five 
pounds,  being  the  quantity  allowed  by  Law  to  be  kept  in 
Shops  for  Sale,  unless  the  same  be  carried  &,  transported 
in  a  Waggon  or  carriage  closely  covered  with  leather  or 
canvas,  &  without  iron  on  any  part  thereof,  to  be  first  ap- 
probated by  the  Firewards  of  said  Town  and  marked  in 
capitals,  with  the  words.  Approved  Powder  Carriage  under 
the  penalty  of  forfeiting  all  such  Gun  Powder,  one  moiety  Penalty. 
thereof  to  the  use  of  the  poor  of  the  said  Town  &  the 
other  moiety  to  the  use  of  him  or  them  who  shall  inform 
&  sue  for  the  same. 

And  be  it  further  enacted^  by  the  authority  aforesaid^ 


Place  of  land- 
ing. 


That  all  Gun  Powder  which  shall  be  imported  into  the  said 
Town  of  Boston  from  &  after  the  said  first  day  of  August 
shall  be  landed  at  such  place  or  places  only  &  be  carried 
to  the  Magazine  aforesaid   by  such  passage  by  Land  or 
Water  only  as  shall  be  directed  &  pointed  out  by  the  Fire- 
wards  of  the  said  Town  under  the  penalty  of  forfeiting  to 
the  uses  aforesaid  all  such  Powder  as  shall  be  landed  or 
conveyed  otherwise  than  is  in  this  Act  provided  —  The  Method  of  re- 
Penalties  &  Forfeitures  aforesaid  to  be  sued  for  &  recov-  ''°'^''^* 
ered  l)y  Bill,  Plaint  or  Information  in  any  Court  proper 
to  try  the  same  —  And  the  Firewards  aforesaid  are  hereby  -Firewards  to 
directed  from  time  to  time  to  publish  their  regulations  &  tions. 
orders  respecting  the  same  in  three  of  the  Public  News 
Papers  in  the  said  Town  six  weeks  successively  ;  provided  p^'o^^o- 
nevertheless,  that  nothing  in  this  Act  shall  be  construed  to 
extend,  or  operate  as  a  prohil^ition  to  the  transporting  of 


22  Acts,  1792.  —  Chapters  8,  9. 

Powder  from  &  out  of  the  Magazine  in  ttie  town  of 
Boston  into  any  part  of  this  Commonwealth,  or  from  the 
Powder  Mills  in  the  Country  to  the  Magazine  aforesaid  in 
such  Carts  or  Carriages  as  hath  been  customary  &  hereto- 
fore used.  Approved  June  26,  1792. 


1793.  — Chapter  8. 

[May  Session,  ch.  7.] 

AN  ACT  FOR  SETTING  OF  ELISHA  RICHARDSON  &  MOSES  FISHER 
FROM  THE  WEST  PRECINCT  IN  MEDWAY,  TO  THE  TOWN  OF 
FRANKLIN. 

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

Persons  set  off.  ^j^p  same,  that  Elisha  Richardson  &  Moses  Fisher,  with 
their  families  and  that  part  of  their  estates,  that  is  now 
lying  in  said  west  precinct  in  Medway  be  &  hereby  are 
set  oft*  from  the  west  precinct  in  Medway,  and  annexed  to 
the  town  of  Franklin,  there  to  do  ministerial  and  pre- 
cinct duty  and  to  receive  ministerial  privileges. 

Proviso.  Provided  nevertheless  that  said    Elisha   Richardson  & 

Moses  Fisher  shall  pay  to  the  west  precinct  in  Medway 
all  the  taxes  now  lawfully  assessed  on  them  in  the  same 
manner  they  would  have  been  holden  to  pay  the  same, 
had  not  this  Act  passed.  Approved  Jme  27,  1792. 

1*793.  — Chapter  9. 

[May  Session,  ch.  13.] 

AN  ACT  DETERMINING  AT  WHAT  TIME  AND  PLACE  THE  COURTS 
OF  GENERAL  SESSIONS  OF  THE  PEACE  AND  COURTS  OF  COM- 
MON PLEAS  SHALL  BE  HOLDEN  WITHIN  THE  COUNTY  OF 
WASHINGTON. 

Be  it  Enacted  by  the  Senate  and  House  of  Rejjresenta- 
tives  in  General  Court  assembled,  and  by  the  authority  of 
holding  Courts!  t^^^  Same,  that  from  and  after  the  first  Tuesday  of  October 
next,  the  time  &  place  for  holding  the  Courts  of  General 
Sessions  of  the  Peace,  and  Courts  of  Common  pleas  w^ithin 
and  for  the  County  of  Washington,  shall  be  at  Machias,  in 
the  said  County,  on  the  first  Tuesday  of  October  annually, 
and  at  no  other  time,  any  law  of  this  Commonwealth  to 
the  contrary  notwithstanding.      Approved  June  27,  1792. 


Acts,  1792.  —  Chapter  10.  23 

1793.  — Chapter  10. 

[May  Session,  ch.  8.] 

AN  ACT  SECURING  THE  FREE  PASSAGE  OF  THE  FISH  CALLED 
ALEWIVES  IN  THE  RIVERS  IN  THE  TOWN  OF  DARTMOUTH 
IN  THE  COUNTY  OF  BRISTOL,  AND  FOR  THE  PRESERVATION 
OF  THE   SAME. 

Be  it  enacted  by  the  Senate  and  House  of  liepr^esenta- 
tives  in  General  Court  assembled,  &  by  the  authority  of 
the  same,  that  the  oNvner  or  owners  of  each  and  every  Mill  Owners  of  dams 
Dam  on  the  River  Pasequamanset,  so  called,  &  other  sluiceway. 
Rivers  situate  in  the  town  aforesaid,  shall  make,  provide 
and  continue  a  sluice  way  of  three  feet  wdde,  &  eight 
inches  deep  for  the  said  fish  to  pass  their  respective  Dams, 
as  far  as  the  Selectmen  of  the  said  town  shall  judge  con- 
venient and  proper  for  the  said  fish  to  pass  in  ;  And  the  selectmen  em- 
Selectmen  of  the  said  town  of  Dartmouth  are  hereby  an-  p°^®''^'^- 
thorized  and  empowered  on  the  second  INlonday  of  April 
annually,  to  open  the  said  sluice  ways,  which  when  opened 
by  them,  shall  remain  open  untill  the  tenth  day  of  May 
annually,  &  the  owner  or  owners,  proprietor  or  proprie- 
tors of  any  Dam  or  Dams  on  the  said  respective  rivers, 
who  shall  neglect  or  refuse  to  make,  provide  and  continue 
a  sluice  way  as  aforesaid,  or  that  after  such  Sluice  way  is 
opened  as  aforesaid,  shall  shut  or  obstruct,  or  cause  the 
same  to  be  shut  or  obstructed,  during  the  term  the  said 
sluice  way  is  to  be  kept  open  as  aforesaid,  shall  forfeit 
and  pay  the  sum  of  Forty  pounds  for  each  offence. 

And  be  it  further  enacted,  that  the  said  town  of  Dart-  inspectors ap. 
mouth,  at  their  annual   meeting  for  the  choice  of  town 
Officers  in  the  month  of  March  or  April  annually,  are 
hereby  authorized  &  impowered  to  chuse  a  Committee, 
consisting  of  not  more  than  twelve,  nor  less  than  two 
suitable  persons  for  Inspectors  of  the  said  river,  whose 
duty  it  shall  be,  within  four  days  after  their  appointment,  -Their  duty. 
to  put  up  in  four  public  places  nearest  the  said  River,  a 
notification  or  Notifications  under  their  hands,  or  under 
the  hands  of  the  major  part  of  them,  pointiiig  out  the  time 
when,  and  designating  the  places  where  the  said  fish  may 
be  taken  in  the  said  River,  &  if  any  person  or  persons 
shall  pull  down,  marr  or  deface  such  notification  or  notifi- 
cations, he  or  she  shall  for  each  offence  forfeit  &  pay  ten  Forfeiture, 
shillings ;  &  if  such  Committee  shall  neglect  or  refuse  to 


24  Acts,  1792.  —  Chapter  11. 

put  up  such  notification  or  notifications,  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  Elvers  except  at  the  times 
and  places  pointed  out,  and  designated  by  the  said  Com- 
mittee as  aforesaid,  shall  forfeit  and  pay  three  pounds  for 
each  ofiience. 
fhl^pa" sage  *°        Aiid  be  it  fui'thev  enacted,  that  if  any  person  or  persons 
forbidden.         shall  make  any  Wear  or  Wears  or  any  other  obstruction 
to  hinder  the  passage  of  the  said  fish  up  the  said  Rivers, 
each  person  so  ofiending  shall  forfeit  and  pay  the  sum  of 
five  pounds,  &  any  person  who  shall  take  or  catch  any  of 
the  said  fish,  in  the  said  Rivers  with  any  other  instrument 
than  a  Dip  net,  shall  forfeit  &  pay  four  pounds  for  each 
oflence. 
Slbiddfu^n  a         -4ncZ  be  it  further  enacted  that  if  any  person  or  persons 
certain  time.      shall  sct  or  draw  any  seine,  drag  net,  or  Marsh  net  in  the 
said  Rivers,  from  and  after  the  tenth  day  of  April  to  the 
twentieth  day  of  May  annually,  each  person  so  offending 
shall  forfeit  and  pay  ten  pounds. 
Jt^any^iiraJ  fo*i^-      And  be  it  further  enacted,  that  if  any  person  or  persons 
wdden,  except-   shall  sct  or  draw  any  Seine,  drag  net,  or  Marsh  net  in  the 
said  Rivers,  or  ponds  belonging  to  the  said  town  of  Dart- 
mouth, for  the  taking  any  fish  (Manhaden  excepted)   at 
any  time  whatsoever,  he  or  they  so  offending  shall  forfeit 
and  pay  the  sum  of  Twenty  pounds. 

And  be  it  further  enacted,  that  all  the  forfeitures  in- 
curred by  this  Act,  shall  accrue  to  the  said  town  of  Dart- 
mouth, to  be  recovered  by  the  Treasurer  of  the  said  town, 
in  an  action  of  debt  in  any  Court  proper  to  try  the  same ; 
&  no  person  shall  be  considered  as  disqualified  from  giv- 
ing evidence  in  any  such  action,  on  account  of  his  living 
in,  or  being  an  inhabitant  of  the  said  town  of  Dartmouth. 

Approved  June  27,  1792. 

1793.  — Chapter  11. 

[May  Session,  ch.  9.] 

AN  ACT  INCORPOIIATING  JOSEPH  STORER  AND  OTHERS  FOR 
THE  PURPOSE  OF  MAKING  A  BETTER  HARBOUR  IN  MOUSOM 
RIVER  IN  WELLS. 

Preamble.  Wherctts  it  appears  to  this  Court  from  the  representatioyi 

of  Joseph  Storer  &  others,  that  Mousom  River  in  Wells, 
in  the  County  of  York  is  not  at  present  navigable  by  Ves- 


ing 


Forfeitures  how 
recoverable. 


Acts,  1792.  —  Chapter  11.  25 

sels  of  more  than  ten  tons,  that  the  landing  place  at  the 
head  of  the  tide  on  that  river,  is  conveniently/  situated  ivith 
respect  to  the  back  Country,  and  that  considerable  advan- 
tages woidd  result  from  maMng  that  river  navigable  for 
vessels  of  greater  burthen ;  And  whereas  the  said  Joseph 
and  others  have  petitioned  this  Court,  to  be  incorporated 
for  the  purpose  of  mahing  a  convenient  harbour  in  said 
river. 

Be  it  therefore  enacted  by  the  Senate  &  House  of  Repre- 
sentatives in  General  Court  assembled,  and  by  the  authority 
of  the  same,  that  Messieurs  Joseph  Storer,  Clement  Storer,  Persons  incor. 
Benjamin  Brown  esqr.  Major  \^^illiam  Jefferds,  John  Low  ^°'^''  '^ 
esqr.  Messrs  James  Kimball,  Richard  Gillpatrick,  Joseph 
Barnard,  John  Low  junr.  Nathaniel  Conant,  Henry  Hart, 
John   Butland,   Nathaniel   Spinney,   Jesse  Larrabee  and 
Michael  Wise  with  their  Associates  and  Successors,  with 
all  others  who  may  hereafter  become  proprietors  in  the 
funds  which  may  be  raised  for  the  purpose  aforesaid  so 
long  as  they  shall  continue  proprietors  in  such  funds  shall 
be  a  Corporation  &  Body  Politic,  under  the  name  of  the 
proprietors  of  Mousom  harbour  in  Wells,  &  by  that  name 
may  sue  and  prosecute,  and  be  sued  and  prosecuted  to 
final  judgment  and  execution,  and  do  and  sufier  all  other 
acts  and  things  which  bodies  Politic  may,   or  ought  to 
do  and  sufier,  and  that  said  Corporation  shall  and  may 
have  full  power  and  authority  to  make,  have  and  use  a  Power  &  buu- 
common  Seal,  &  the  same  to  break,  alter  and  renew  at  ^^'^"°°' 
pleasure. 

<&  Be  it  further  enacted  by  the  authority  aforesaid,  that  the  Proprietors  au- 

.T  .,  ,1  c   ij\  iii'  j_   thorized  to  call 

said  proprietors,  or  any  three  oi  them,  by  advertizement  a  meeting. 
in  the  papers  printed  at  Portland,  may  warn  or  call  a  meet- 
ing of  said  proprietors  to  be  held  at  Wells  aforesaid,  at 
any  suitable  time  after  fourteen  days  from  the  publication 
of  said  advertisement,  to  agree  on  such  method  as  may  be 
thought  proper  for  calling  meetings  of  said  proprietors, 
for  the  future,  &  to  do,  and  transact  such  matters  and 
things  relating  to  said  propriety,  as  shall  be  expressed  in 
said  advertisement ;  &  the  said  proprietor's  are  hereby 
impowered,  at  any  legal  meeting  duly  warned  for  the  pur- 
pose, to  chuse  a  Clerk,  Treasurer,  and  such  other  officer  To  choose  om. 
or  officers,  as  may  be  necessary  for  managing  the  business 
of  said  Corporation,  and  every  proprietor  shall  have  a 
right  to  vote  in  the  proprietary  meeting,  according  to  his 
share  &  interest  in  the  funds  aforesaid. 


26  Acts,  1792.  —  Chapter  11. 

Preamble.  W7iereas  in  the  prosecution  of  the  business  aforesaid,  it 

may  be  necessary  to  stop  the  present  course  of  said  River, 
by  building  a  Dam  across  the  same,  and  digging  a  Canal 
from  said  river  to  the  sea;  — 
buiidrdamlTnd  ^^  ^^  enacted  that  the  said  Proprietors  be,  and  they  are 
open  canal.  hereby  authorized  aiid  iiupowered  to  build  a  Dam  across 
said  River,  at  any  place  between  the  mouth  thereof,  and 
the  head  of  the  tide  therein,  and  to  turn  the  present  course 
of  said  river,  so  as  that  the  same  may  run  to  the  sea  at 
any  place  between  the  present  mouth  of  said  river,  and 
the  north  easterly  part  of  a  certain  Cove  in  said  Wells, 
called  Burk's  Cove,  &  to  dig,  and  open  any  Canal,  which 
pe^n^an'^o^nTo™'  ^^J  ^c  necessary  for  that  purpose  :  And  if  any  person 
private  iDjury.  shall  bc  damaged  in  his  private  pro})erty,  by  building  said 
Dam,  digging  said  Canal,  or  altering  the  present  course 
of  said  River,  or  in  any  other  way  by  the  said  proprietors, 
they  shall  be  held  &  obliged,  to  make  full  satisfaction 
therefor  to  the  party  or  parties  who  may  be  injured ;  & 
the  damage  shall  be  estimated  according  to  the  rules  pre- 
scribed by  law  to  be  observed  in  estimating  damages  done 
by  laying  out  high  ways. 

jind  be  it  further  enacted  by  the  authority  aforesaid, 
o/neglect."  '^^^^  ^^^^  ^^  ^^^  proprictors  aforesaid,  shall  not  within  twenty 
days  after  being  requested  thereto,  make  or  tender  rea- 
sonable satisfaction  to  the  acceptance  of  the  person  dam- 
aged by  them  as  aforesaid,  the  person  so  damaged  may 
apply  to  the  Court  of  General  Sessions  of  the  peace  for 
the  County  of  York,  for  the  appointment  of  a  Committee 
at  his  own  expence,  to  estimate  the  damage  so  done ;  and 
the  said  Court  are  hereby  authorized  &  empowered,  by 
Warrant  under  the  Seal  thereof,  upon  such  application,  if 
made  within  one  year  from  the  time  of  the  damage  done 
as  aforesaid,  to  appoint  a  Committee  of  five  disinterested 
freeholders  in  the  same  County,  to  estimate  such  damages, 
which  Committee  shall  give  seasonable  notice  to  the  per- 
sons making  such  application,  and  to  the  Clerk  of  the  pro- 
prietors aforesaid  of  the  time  and  place  of  the  meeting  of 
said  Committee,  who  shall  be  under  oath  to  perform  the 
said  service  according  to  their  best  skul  and  judgment, 
which  having  done  they,  or  the  major  part  of  them,  shall 
make  return  thereof  under  their  hands  and  Seals  to  the 
next  Court  of  General  Sessions  of  the  peace,  to  be  holden 
in  said  County  after  the  same  service  is  performed,  to  the 
end  the  same  may  be  accepted,  allowed  and  recorded,  and 


Acts,  1792.  —  Chapter  11.  27 

the  Committee  so  appointed,  are  empowered  and  required 
to  estimate  the  said  damage,  &  make  return  thereof  as 
aforesaid  ;  &  the  estimate  of  the  Committee  being  ac- 
cepted by  the  Court,  and  judgment  entered  thereon,  exe- 
cution shall  issue  accordingly  :  Provided  that  in  making 
up  such  judgment,  the  applicant  for  such  Committee  shall 
not  be  allowed  any  cost  if  it  shall  appear  that  before  his 
application,  a  sum  equal  to,  or  exceeding  the  damage  esti- 
mated by  such  Committee  was  actually  tendered  him, 
otherwise,  such  applicant  shall  be  allowed  his  full  costs  ; 
&  the  proprietors  of  the  said  Corporation  in  their  indi-  Proprietors  lia- 
vidual  capacities  are  hereby  made  liable  to  be  taken  in  cases. 
execution  on  such  judgment,  &  imprisoned  in  the  same 
manner,  as  the  inhabitants  of  any  town  within  this  Com- 
monwealth are  by  law  liable  to  be  taken  and  imprisoned 
on  execution  issued  upon  a  Judgment  ol^tained  against  the 
town  to  which  they  belong,  and  the  execution  to  be  issued 
by  the  said  Court  shall  be  in  the  same  form,  mutatis 
mutandis,  &  returnable  within  the  same  time,  as  if  Judg- 
ment had  been  rendered  against  said  Corporation  for  a 
like  sum  in  damage,  on  process  in  a  Court  of  Common 
[)leas. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  if  any  person  finds  himself  agreived  by  the  doings  of  aggrieved,  may 
said  Committee  in  estimating  his  damages,  he  may  apply  ^pp'^^ ^"^ 'J^f^ 
to  the  said  Court  of  General  Sessions  of  the  peace,  at  the  sions. 
next  session  thereof  after  the  acceptance  of  such  return  ; 
&  the  said  Court  are  hereby  impowered  to  hear,  &  finally 
determine  the  same,  by  a  Jury  under  oath,  summoned  by 
the  Sheriff  or  his  Deputy  for  that  purpose,  if  the  person 
complaining  desires  the  same,  or  by  a  new  Committee, 
if  the  person  complaining,  and  the  proprietors,  agree 
thereon ;  &  if  the  Jury  or  Committee  agreed  upon  as 
aforesaid,  who  are  to  be  under  oath,  shall  not  increase  the 
sum  of  damages,  the  person  complaining  shall  be  held  to 
pay  all  costs  incurred  on  that  occasion,  to  be  taxed  against 
him  at  the  said  Court  of  General  Sessions,  otherwise  the 
cost  &  increase  of  damages  shall  be  paid  by  the  proprie- 
tors, &,  execution  shall  issue  therefor,  &  be  levied  in  man- 
ner before  expressed. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the   proprietors   aforesaid  be   and   they  hereby  are  Proprietors  em- 

\         •        y  n  -t  Dill  lo     powered  to  pur- 

authorized  &  empowered  to  purchase  &  hold  to  them  &  chase  reai 
their  Successors  forever,  so  much  land  and  real  estate  as 


28  Acts,  1792.  —  Chapter  11. 

mtiy  become  necessary  for  carrying  into  effect  the  pur- 
poses aforesaid. 

And  be  it  further  enacted  by  the  authority  aforesaid^ 

Toll  granted,  ^j^g^^  ^q^,  ^|-jg  pnrpose  of  reimbursing  the  said  Proprietors 
the  money  which  they  may  expend  in  building  said  Dam, 
digging  said  Canal,  and  altering  the  course  of  said  river, 
a  toll  be,  &  hereby  is  granted  for  the  sole  benefit  of  the 
said  proprietors  to  be  paid  for  all  lumber  which  shall  be 
transported  in  rafts,  boats  or  other  vessels  through  the  said 
Canal  by  the  transporters  of  such  lumber  according  to  the 

—  Kates.  rates  following —  Viz.  for  every  thousand  feet  of  boards, 

joist,  plank  or  timber,  to  be  reckoned  in  board  measure, 
eight  pence,  for  every  thousand  of  pipe  staves,  one  shil- 
ling, for  every  thousand  of  hogshead  staves  eight  pence, 
for  every  thousand  of  barrell  staves  six  pence,  for  every 
thousand  of  hoops,  one  shilling  for  every  thousand  of 
Clapboards,  one  shilling,  for  every  thousand  of  shingles 
or  laths  two  pence,  for  every  shook  hogshead,  one  penny, 
for  every  thousand  feet  of  oar  rafters,  five  shillings,  for 
every  Cord  of  Wood  eight  pence,  which  toll  the  said  Pro- 
prietors may  demand  and  receive  for  the  space  of  fifty 
years  from  the  time  of  passing  this  Act  and  no  longer. 

Collector  of  toll      And  be  it  further  enacted  bii  the  authority  aforesaid,  that 

appointed.  •it-».  ^      ^^    f  •  .    ^     ^  . 

the  said  Proprietors  shall  irom  time  to  time  appoint  some 
suitable  person  Collector  of  toll,  who  shall  constantly  at- 
tend at  some  convenient  place  for  the  purpose  of  receiving 
said  toll  which  may  be  demanded  at  the  time  of  passing 
through  said  Canal,  &  if  the  transporter  of  any  article 
through  said  Canal,  on  which  a  toll  is  allowed  by  this  act, 
shall  neglect  or  refuse  to  pay  such  toll,  the  same  may  be 
recovered  by  action  of  debt,  or  the  case,  for  the  use  of 
said  proprietors  by  any  one  of  them,  or  any  person  by 
them  appointed  Collector  of  said  toll  before  any  justice  of 
the  Peace  for  said  County,  if  the  amount  of  the  toll  due 
shall  not  exceed  the  sum  of  four  pounds,  and  if  the  same 
shall  exceed  that  sum,  then  before  the  Court  of  Common 
Pleas  for  the  same  County,  saving  a  right  of  appeal  as  in 
other  cases. 

And  be  it  further  enacted  by  the  authority  aforesaid, 

^gggj""'' '"       that  if  the  said  Proprietors,  shall  neglect  for  the  space  of 

three  years  from  the  time  of  passing  this  Act,  to  compleat 

such  Dam  and  Canal  in  manner  aforesaid,  then  this  Act 

shall  be  void  and  of  no  effect.     Approved  June  27,  1792. 


Persons  set  off. 


Acts,  1792.  —  Chapters  12,  13.  29 


1793.  — Chapter  13. 

[May  Session,  ch.  12.] 

AN  ACT  TO  SET  OFF  BENJAMIN  FREEMAN  &  OTHERS  FROM 
THE  TOWN  OF  CHARLTON  IN  THE  COUNTY  OF  WORCESTER, 
■AND   TO   ANNEX   THEM   TO   THE   TOWN    OF   STURBRIDGE. 

Be  it  enacted  by  the  Senate  and  House  of  Bepresenfa- 
tives  in  General  Court  assembled  and  by  the  authority  of 
the  same,  that  Benjamin  Freeman,  Daniel  Marcy,  and 
Elijah  Sebree  with  all  their  lands  lying  on  the  south  side 
of  the  road  leadins;  from  SturbricWe  Meetino;  House  to 
Sarah  Cheney's  in  Dudley,  including;  so  much  of  the  road 
aforesaid  as  now  lies  in  Charlton,  with  the  dwelling  houses 
and  other  buildings  thereon  be,  and  they  hereby  are  set 
off  from  the  town  of  Charlton,  and  annexed  to  the  town 
of  Sturbridge,  and  shall  forever  hereafter  be  considered 
as  making  part  of  the  same. 

Provided  nevertheless,  that  the  several  persons  above  Proviso 
named,  and  their  estates,  shall  be  still  holden  to  pay  all 
legal  taxes  assessed  upon  them  before  the  passing  of  this 
Act,  &  also  their  proportionable  part  in  building  &  re- 
pairing the  Bridge  over  Quinabogue  lliver  by  INIarce's 
mills  in  like  manner  as  tho'  this  Act  had  not  been  made. 

xlpj^roved  June  27,  1792. 


1793.  — Chapter  13. 

[May  Session,  ch.  16.] 

AN  ACT  INCORPORATING  DUDLEY  ATKINS  TYNG  ESQR  AND 
OTHERS,  FOR  THE  PURPOSE  OF  RENDERING  MERRIMACK 
RIVER  PASSABLE  WITH  BOATS,  RAFTS,  &  MASTS,  FROM  THE 
DIVISIONAL  LINE  OF  NEW  HAMPSHIRE  &  MASSACHUSETTS, 
TO  THE  TIDE  WATERS  OF  THE  SAID  RIVER,  BY  THE  NAME 
OF  THE  PROPRIETORS  OF  THE  LOCKS  &  CANALS  ON  MERRI- 
MACK RIVER. 

Whereas  removing  the  obstructions  to  the  passing  of  Preamble. 
Boats,  Bafts  &  Masts  upon  Merrimack  Biver,from  the 
divisional  line  of  New  Hampshire  &  Massachusetts  to  the 
tide  waters  of  the  said  Biver,  will  be  of  great  public  utility ; 
and  Dudley  Atkins  Tyng,  William  Coombs,  Joseph  Tyler, 
Nicholas  Johnson  and  Joshua  Carter  have  petitioned  this 
Court,  setting  forth,  that  they  with  others  of  their  fellow 
citizens  have  associated  for  that  purpose  &  praying  for  an 
act  of  incorporation,  empowering  them  to  make  such  Canals 


30 


Acts,  1792.  —  Chapter  13. 


Persona  incor- 
porated. 


—  Their  power 
and  subjec- 
tion. 


Authorized  to 
call  meetings. 


Proprietors  to 
elect  Officers, 
make  bylaws, 
&c. 


Proviso. 


and  Locks,  and  perform  such  other  operations  as  may  he 
necessary  to  remove  or  lessen  the  said  obstructions,  with 
such  2Jriviled(/es  and  immunities  as  to  this  Court  shoidd 
seetn  meet: 

Be  it  therefore  enacted  by  the  Senate  and  Hoiise  of  Rep- 
7'esejitatives  in  General  Court  assembled,  S  by  the  author- 
ity of  the  fiame,  That  the  said  Dudley  Atkins  Tyng,  William 
Coombs,  Joseph  Tyler,  Nicholas  Johnson,  &  Joshua  Carter, 
with  such  other  persons  as  have  with  them  associated  as 
aforesaid,  and  all  those  who  may  hereafter  become  proprie- 
tors of  the  said  proposed  Locks  &  Canals  and  of  the  funds 
or  real  estate  to  be  raised  or  i)urchased,  for  carrying  into 
effect  the  said  designed  undertaking,  be  &  they  hereby 
are  made  and  constituted  a  Body  Politick  &  Corporate 
forever  by  the  name  of  the  Proprietors  of  the  Locks  & 
Canals  on  INIerrimack  River,  &  by  that  name  may  sue  & 
be  sued  to  final  judgment  and  execution,  &  may  do  &  suf- 
fer all  matters,  acts  &  things  which  bodies  politic  may  or 
ought  to  do  or  suffer,  &  may  have  &  use  a  common  seal, 
&  the  same  may  break  &  alter  at  pleasure. 

And  be  it  further  enacted  by  the  authority  aforesaid,  that 
the  persons  aforenamed  or  any  three  of  them,  may  by  ad- 
vertizement  in  the  Independent  Chronicle,  and  in  the  Essex 
Journal,  warn  or  call  a  meeting  of  the  said  proprietors,  to 
be  holden  at  any  suitable  time  &  place  after  thirty  days 
from  the  first  publication  of  the  said  advertizement ;  And 
the  said  proprietors  by  a  vote  of  the  majority  of  those 
present  or  represented  at  the  said  meeting,  accounting  & 
allowing  one  vote  to  each  single  share,  in  all  cases,  {Pro- 
vided however  thsit  no  one  proprietor  shall  have  more  than 
twenty  votes)  shall  choose  a  Clerk  who  shall  be  sworn  to 
the  faithful  discharge  of  his  duty,  &  shall  or  may  also  agree 
upon  a  method  for  calling  future  meetings,  &  at  the  same, 
or  any  subsequent  meetings,  may  elect  such  Officers,  & 
make  &  establish  such  rules  and  byelaws  as  to  them  shall 
appear  necessary  or  convenient  for  the  regulation  and  gov- 
ernment of  the  said  Corporation,  &  for  carrying  into  effect 
the  purpose  aforesaid,  and  for  collecting  the  toll  herein 
after  granted  and  established,  &  the  same  rules  and  bye 
laws  may  cause  to  be  executed,  provided  they  are  not 
repugnant  to  the  Constitution,  or  laws  of  this  Common- 
wealth, &  may  annex  penalties  to  the  breach  thereof,  not 
exceeding  three  pounds  ;  And  all  representations  at  any 
meetings  of  the  said  intended  Corporation,  shall  be  proved 


Acts,  1792.  —  Chapter  13.  31 

by  writing  signed  by  the  person  to  he  represented,  which 
shall  be  filed  with  the  Clerk  :  And  this  Act,  and  all  Rules, 
bye  laws,  regulations,  and  proceedings  of  the  said  Cor- 
poration 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  authoritii  aforefiaid.  that  —Empowered 

»y      •/  '  jq  construct  &nct 

the  said  proprietors  be,  &  they  hereby  are  authorized  &  maintain canau. 
impowered  to  construct  &  maintain  all  such  Canals,  Locks 
&  Dams  as  shall  be  necessary,  in  order  to  permit  the  pas- 
sage of  Boats,  Rafts  &  Masts,  in  Merrimack  River,  from 
the  northerly  line  of  this  Commonwealth  to  the  tide  waters 
of  the  said  river,  &  for  the  purpose  aforesaid,  to  take,  -to take 
occupy  and  enclose  any  of  the  lands  adjoining  any  such  erty*  ^  ^"^"^^ 
Canals  and  Locks,  which  may  be  necessary  for  1)uilding 
&  repairing  the  same,  for  towing  paths,  and  other  neces- 
sary purposes,  {provided  such  lands  shall  not  exceed  twenty  Provisos. 
feet  in  width,  on  each  side  of  such  Canals  &  Locks) — to 
blow  up  and  remove  any  rocks  in  the  said  river,  &  to  dig 
in  any  of  the  lands  near  to  the  said  river  through  which 
it  may  be  necessary  to  pass  such  Canals  :  Provided  not- 
withstanding, that  nothing  herein  contained  shall  be  con- 
strued to  authorize  the  said  proprietors  to  o]i)struct  the 
main  passage  of  said  river,  by  erecting  an}'  Dam  or  Dams 
across  the  same. 

And  whereas  it  may  be  necessary  in  the  prosecution  of  Preamble. 
the  foregoing  business,  that  the  property  of  private  persons 
be,  as  in  the  laying  out  of  high  ways,  used  for  the  public 
benefit,  and  adequate  compensation  ought  to  be  made  there- 
for, and  a  pro7np)t  and  certain  method  apipointed  to  obtain 
the  same; 

Be  it  enacted  by  the  authority  aforesaid,  that  in  all  cases  compensation 

1  iiiiii'i'  1  J        to  be  made  for 

Where  any  person  snail  be  damaged  in  his  or  her  property  the  damage  of 
by  the  said  Proprietors,  by  the  cutting  or  making  Canals  l.'rty?*'' ^'°^" 
through  his  or  her  land,  by  removing  Mills,  or  Mill-dams, 
diverting  water  courses,  or  flowing  his  land  or  in  any  other 
manner,  in  carrying  into  effect  the  said  proposed  under- 
taking, and  the  said  Proprietors  shall  not,  within  twenty 
days  after  request  made,  tender  reasonable  satisfaction  to 
the  acceptance  of  the  person  damaged  in  any  manner  as 
aforesaid,  the  Court  of  General  Sessions  of  the  Peace  for  incaeeofneg- 
the  County  wherein  the  damage  shall  have  been  done,  shall  ferr'ed  by  court. 
and  may  upon  the  application  of  the  person  so  damaged, 
by  Warrant  under  the  Seal  of  such  Court,  appoint  a  Com- 


32 


Acts,  1792.  —  Chapter  13. 


Execution  may 
be  issued. 


mittee  of  five  disinterested  freeholders  in  the  same  County 
to  estimate  such  damage ;  provided  such  application  be 
made  within  one  year  from  the  time  of  the  damage  done 
as  aforesaid  ;  which  Committee  shall  give  seasonable  notice 
to  the  persons  on  whose  application  they  were  appointed, 
and  to  the  Clerk  of  the  said  proprietors,  of  the  time  and 
place  of  their  meeting,  &  shall  be  under  oath  to  perform 
the  said  service  according  to  their  best  skill  &  judgment ; 
which  having  done,  they,  or  the  major  part  of  them,  shall 
make  return  thereof  under  their  hands  and  seals,  to  the 
next  Court  of  General  Sessions  of  the  peace,  to  be  holden 
in  the  same  County,  after  the  service  is  performed,  to  the 
end  the  same  may  be  accepted,  allowed  and  recorded;  & 
if  the  return  of  the  Committee  be  accepted  by  the  Court, 
execution  shall  issue  against  the  property  only  of  the  Cor- 
poration, or  of  an}^  individual  belonging  thereto,  after 
twenty  days  from  the  acceptance  of  said  report,  for  the 
sum  so  adjudged  in  damages,  with  all  costs,  to  be  allowed 
by  the  Court,  provided  the  sum  of  damages  estimated  by 
the  Committee,  exceed  the  sum  tendered  by  the  corpora- 
tion ;  otherwise  no  costs  shall  be  allowed.  And  if  any 
person  find  himself  aggrieved  by  the  doings  of  such  Com- 
mittee, in  estimating  such  damages,  the  said  Court,  upon 
application  made  at  the  next  session  thereof,  after  the 
acceptance  of  such  return,  is  hereby  empowered  to  hear, 
&  finally  to  determine  the  same  by  a  Jury,  to  be  summoned 
by  the  Sherift",  or  in  case  the  Sheriff  is  interested,  by  the 
Coroner,  So  sworn,  if  the  person  applying  desires  the  same, 
or  by  a  new  Committee,  if  the  person  aggrieved  and  the 
proprietors  can  agree  thereon  ;  &  if  the  Jury  or  Commit- 
tee agreed  upon  as  aforesaid,  who  are  to  be  under  oath, 
shall  not  encrease  the  sum  of  damages,  the  person  making 
the  application,  shall  pay  all  costs  incurred  on  that  occa- 
sion, to  be  taxed  against  him  by  the  Court ;  otherwise  such 
cost  &  encrease  of  damages,  shall  be  paid  by  the  proprie- 
tors, and  execution  shall  issue  for  the  same  in  manner  as 
is  before  expressed  :  And  it  shall  be  the  duty  of  such  Com- 
specting bridges  mittce  or  Jurv,  on  application  of  either  of  the  i)arties,  & 

over  CfHitils  */  i.  X  1  ■' 

reasonable  notice  given  to  all  persons  interested,  to  deter- 
mine where,  and  how  many  Bridges  shall  be  made  and 
maintained  by  said  Proprietors  over  the  Canals  aforesaid 
for  the  convenience  of  private  persons,  &  how  the  same 
shall  be  constructed,  &  what  damages  shall  be  paid  by 
the  proprietors  for  neglecting  to  make  and  maintain  such 


Method  of  pro- 
cedure, in  case 
of  being  ag- 
grieved in  esti- 
mation of 
damages. 


Committee  au- 
thorized re- 


Acts,  1792.  —  Chapter  13.  33 

Bridges  ;  and  the  report  of  such  Committee,  or  the  verdict 
of  sucii  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  &  those  who  shall 
possess  estate  so  damaged,  shall  be  intitled  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  and  maintain  the  Bridges 
aforesaid,  so  often  as  the  same  is  necessary. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  if  there  shall  be  occasion  in  the  prosecution  of  the  Proprietors  ob- 
said  undertaking  to  make  a  Canal  across  any  pul)Iic  high  ilfg^  high  ways? " 
ways,  or  if  any  high  ways  shall  hereafter  be  laid  out 
across  any  such  Canal,  it  shall  be  the  duty  of  the  said 
proprietors  to  make  and  maintain  in  good  repair  a  suffi- 
cient Bridge  or  Bridges  over  such  Canal. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  if  any  person  or  persons  shall  wilfully,  maliciously.  Forfeitures  and 
and  contrary  to  law,  take  up,  remove,  break  down,  dig  of  damaging''*^^ 
under,  or  otherwise  damnify  any  Dam,  Canal  or  Lock,  ti^eproifr^etors 
made  use  of  for  enclosing  Avater  for  the  purpose  aforesaid,  andthecom- 

/.]  iiii'  iY»  (•/••      "lonwealth. 

or  any  part  thereof,  he  shall  for  every  such  oflence  forfeit 
&  pay  to  the  said  proprietors  treble  the  value  of  such 
damages  as  the  said  proprietors  shall  make  ap})car  to  the 
Justice  or  Court  and  Jury,  before  whom  the  trial  shall  be, 
that  they  have  sustained  by  such  trespass :  And  such 
ofl'ender  or  offenders  shall  be  liable  to  indictment  for  any 
offence  against  this  Act,  &  on  conviction  thereof  shall  be 
sentenced  to  pay  a  fine  to  the  use  of  the  Commonwealth, 
of  not  more  than  twenty  pounds,  nor  less  than  five  pounds, 
or  to  be  imprisoned  for  a  term  not  exceeding  three  months, 
at  the  discretion  of  the  Court  before  whom  the  conviction 
shall  be. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  said  Proprietors  be,  and  they  hereby  are  author-  proprietors  em. 
ized  and  empowered  to  purchase  and  hold  in  fee  simple  re°8pecuo^reai 
all  such  land  and  real  estate  as  may  be  necessary  for  car-  estate. 
rying  into  effect  the  purposes  of  this  Act. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  for  the  purpose  of  re-embursing  the  said  proprietors  toii  granted. 


34 


Acts,  1792.  —  Chapter  13. 


Kates. 


PersoDB  ap. 
pointed  to  at- 
tend the  Locks. 


Time  when  the 
Toll  shall  com- 
mence. 


the  money  by  them  expended,  or  to  be  expended  in  build- 
ing &  supporting  the  Dams,  Canals  and  Locks,  &  in  clear- 
ing the  passages  necessary  for  the  purposes  aforesaid,  a 
toll  be,  and  hereby  is  granted  and  established  for  the  sole 
benefit  of  the  said  proprietors,  not  exceeding  the  rates  fol- 
lowing ;  Viz,  For  passing  the  Locks  and  Canals  at  Wicka- 
sic,  and  Patuckett  falls,  to  be  received  at  Patuckett,  for 
every  thousand  feet  of  pine  boards  two  shillings,  for  every 
thousand  feet  of  two  and  an  half  inch  pine  plank  six  shil- 
lings, &  other  pine  plank  in  proportion  thereto, — for 
every  thousand  feet  of  two  and  an  half  inch  oak  plank  ten 
shillings,  and  other  oak  plank  in  proportion  thereto  —  for 
every  cord  of  pine  wood  eight  pence,  — for  every  cord  of 
other  wood  one  shilling ;  for  every  thousand  of  barrell 
staves,  two  shillings  —  for  every  thousand  of  hogshead 
staves,  three  shillings  and  six  pence,  — for  every  thousand 
of  Pipe  staves,  five  shillings,  —  for  every  ton  of  oak  tim- 
ber, one  shilling  &  six  pence,  —  for  every  ton  of  Pine  tim- 
ber ten  pence,  —  for  every  Boat  or  other  vessell  at  the 
rate  of  one  shilling  for  every  ton  l)urthen  it  is  capable  of 
conveying,  whether  loaded  or  not,  —  for  every  Mast  at  the 
rate  of  one  shilling  for  every  inch  of  the  diameter  thereof, 
at  one  third  of  the  length  from  the  largest  end,  — and  for 
all  articles  not  enumerated,  in  proportion  to  the  rates 
aforesaid,  —  for  passing  the  Locks,  Canals  &  passageways 
at  Hunt's,  Varnum's,  Parker's  &  Peters's  Falls,  to  be  paid 
at  Peters's  falls,  one  half  of  the  foregoing  rates,  —  for  pass- 
ing the  locks  &  Canal  of  Peters's  Falls  only,  one  quarter 
of  the  foregoing  rates  ;  And  on  all  articles  having  passed 
the  Locks,  Canals  &  passage  ways  of  Patuckett  Falls,  one 
half  only  of  the  toll  herein  established  to  be  paid  at 
Peters's  Falls,  shall  be  received  :  And  for  passing  the  Locks, 
Canals,  &  passage  ways  at  Bod  well's  Falls  and  Mitchell's 
Falls,  one  third  of  the  rates  herein  before  established  to 
be  paid  at  Patucket  Falls,  subject  to  a  deduction  of  one 
third  thereof  on  all  articles  having  paid  toll  at  Peters's 
Falls  only,  &  of  two  thirds  thereof  on  all  articles  having 
paid  toll  at  Patucket  Falls. 

Ajid  be  it  further  enacted  by  the  authority  aforesaid^ 
that  suitable  persons  shall  attend  the  Locks  in  the  day 
time  during  the  whole  of  the  season  in  which  Boats  or 
Rafts  can  pass ;  &  on  the  toll  being  paid,  shall  immedi- 
ately permit  passengers  with  their  property  to  pass  the 
Locks  :  And  the  said  toll  shall  commence  on  the  day  of  the 
opening  said  Locks  and  Canals  respectively  for  the  pur- 


Acts,  1792.  —  Chapter  13.  35 

poses  aforesaid,  &  shall  continue  forever :  Provided  that  Proviso, 
after  the   expiration    of  thirty  years   from    the    0})ening 
thereof  the  General  Court  may  from  thence  forward  regu- 
late the  rate  of  toll,  and  the  same  shall  be  collected  in  such 
manner,  as  shall  be  prescribed  by  the  said  Corporation. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the   said    Proprietors    shall    erect,  make    &   forever  proprietors 
maintain  such  Dams,  Canals  &  Locks,  &  shall  so  clear  the  spec^ting^oc'ks 
passages  of  the  river  aforesaid,  from  the  northerly  line  of  ^^^  canals. 
this  Commonwealth,  to  the  tide  waters  of  the  said  river, 
as  that  Rafts,  Masts,  &  Floats  of  Timber,  not  exceeding 
twenty  five  feet  in  width,  and  one  hundred  feet  in  length 
may  pass  securely  down ;  &  that  Boats  not  drawing  more 
than  three  feet  of  water  may  pass  securely  up  and  down, 
at  all  seasons  of  the  year,  when  the  other  parts  of  the  said 
River  are  passable  for  the  same;  &  that  they  shall  keep  Rates  of  ton, 
and  expose  to  view,  when  required,  the  rates  of  toll  of  the  ^ylt^!"^^^^^ 
tollable  articles  ftiirly  and  legibly  written  or  printed,  at 
the  several  places  where  the  toll  shall  be  received. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  share  or  shares  of  any  of  the  said  proprietors  in  shares  allowed 
the  said  Locks  and  Canals,  &  in  all  the  real  and  personal  ferred."^*"^ 
estate  of  which  the  said  Corporation  may  at  any  time 
hereafter  he  legally  seized  or  possessed  by  virtue  of  this 
Act,  may  be  transferred  by  Deed  acknowledged,  and  re- 
corded by  the  Clerk  of  the  said  proprietors  in  a  Book  to 
be  kept  for  that  purpose ;  and  when  any  share  or  shares 
of  any  of  the  said  proprietors  shall  be  attached  on  mesne 
process,  an  attested  copy  of  such  process  shall  be  left  with 
the  Clerk  of  the  said  proprietors  at  the  time  of  such  at- 
tachment made,  otherwise  the  same  shall  be  void. 

And  be   it  further  enacted  by  the  authority  aforesaid, 
that  if  the  said  proprietors  shall  neglect  for  the  space  of  iDcaseofneg- 
four  years  from  the  passing  of  this  Act,  to  make  &  com-  bevoidreia- 
pleat  such  Dams,  Canals  &  Locks,  and  to  clear  the  pas-  ^^^^' 
sages  of  the  said  River  at  Wickasick  &  Patuckett  Falls, 
so  that  the  same  shall  be  passable  in  manner  as  aforesaid, 
then  this  Act,  so  far  as  the  same  relates  to  the  said  Falls, 
or   either    of  them,  or  to  the  receiving  of   toll    for   the 
passage  thereof  shall  be  void  and  of  no  effect :  And  if 
the  said  proprietors  shall  neglect  for  the  space  of  six  years 
from  the  passing  of  this  Act,  to  make  and  compleat  such 
Canals,  Dams,  &  Locks,  and  to  clear  the  passages  of  the 
said  River  at  all  the  other  falls  of  the  said  River  herein  be- 
fore mentioned,  so  that  the  same  shall  be  passable  in  man- 


36 


Acts,  1792.  —  Chapter  14. 


ner  as  aforesaid,  then  this  act,  so  far  as  the  same  relates 
to  said  other  Falls,  &  each  of  them,  or  to  the  receiving 
of  toll  for  the  passage  thereof,  shall  be  void  &  of  no  effect. 

Approved  June  27,  1792. 


Preamble. 


Proprietors  to 
improve  the 
Island,  coudi- 
tionally. 


Forfeiture. 


1793.  — Chapter  14. 

[May  Session,  ch.  14.] 

AN  ACT  REGULATING  IN  CERTAIN  PARTICULARS  THE  IMPROVE- 
MENT OF  PLUMB-ISLAND  IN  THE  COUNTY  OF  ESSEX,  AND 
REPEALING  AN  ACT  FOR  THE  EFFECTUAL  PREVENTING  OF 
HORSES,  NEAT  CATTLE,  SHEEP  AND  SWINE  FROM  RUNNING 
AT  LARGE  OR  FEEDING  UPON  A  CERTAIN  ISLAND  CALLED 
PLUMB  ISLAND  LYING  IN  IPSWICH  BAY  IN  THE  COUNTY  OF 
ESSEX  PASSED  IN  THE  YEAR  ONE  THOUSAND  SEVEN  HUN- 
DRED &   THIRTY  NINE. 

Whereas  the  Island  called  Plumb  Island,  in  Ipswich 
Bay  in  the  County  of  Essex,  consisting  partly  of  ujjland 
or  beach  valuable  for  pasturing ,  and  partly  of  salt  marsh, 
cannot  be  sufficiently  fenced  or  divided,  so  that  the  respec- 
tive proprietors  might  securely  enjoy  their  different  im- 
provements. 

Be  it  enacted  by  the  Senate  &  House  of  Representa- 
tives in  General  Court  assembled  <&  by  the  authority  of 
the  same,  that  from  [and']  after  the  passing  of  this  act,  no 
proprietor  or  owner  of  or  in  the  upland,  beach  or  other 
pasturing  of  the  said  Island,  shall  be  allowed  to  improve 
the  same  for  the  pasturing  of  neat  cattle  or  horses,  unless 
they  shall  be  secured  by  a  sufficient  and  lawful  fence  or 
inclosure,  or  by  a  keeper,  and  at  least  one  keeper  shall 
be  required  and  employed  for  every  twenty  five  head  of 
neat  cattle  or  horses  there  put  to  feed,  &  shall  be  con- 
tinued during  their  stay,  and  no  sheep  or  swine  shall  be 
allowed  to  feed  or  run  upon  the  said  Island  unless  belong- 
ing to  any  owner  or  tenant  resident  thereon,  and  being 
kept  within  a  sufficient  inclosure,  &  if  any  neat  cattle  or 
horse  shall  be  found  at  large,  or  not  under  a  keeper  on 
said  Island,  or  any  sheep  or  swine  contrary  to  the  intent 
of  this  Act,  the  owner  or  owners  thereof,  shall  forfeit  and 
pay  a  fine  of  forty  shillings  for  every  head  of  neat  cattle 
or  horse,  and  a  fine  of  five  shillings  for  every  sheep  or 
swine,  which  shall  be  there  found  as  aforesaid,  to  be  re- 
covered by  any  person  or  persons  by  impounding  and  by 
selling  the  same  if  payment  shall  not  be  made,  as  in  other 
cases  of  cattle  found  damage  feasant ;  such  fine  or  fines, 


Acts,  1792.  —  Chapter  14.  37 

when  recovered  to  be  three  quarters  for  the  use  of  the 
poor  of  the  town  where  the  owner  of  such  cattle,  horse, 
sheep  or  swine  shall  reside,  and  the  other  quarter  for  the 
use  of  the  person  or  persons  prosecuting  therefor. 

And  be  it  further  enacted^  that  if  any  neat  cattle  or  Penalties  for 
horses  put  to  feed  on  said  Island,  shall  stray  from  the  put  to  feed. 
upland,  beach  or  other  pasturing  there,  and  shall  be  found 
upon  the  salt  marsh,  the  keeper  or  keepers  having  charge 
thereof,  or  if  not  under  the  care  of  a  keeper,  the  owner 
or  owners  thereof,  shall  forfeit  and  pay  a  fine  of  five  shil- 
lings for  each  and  every  head  of  neat  cattle  or  horse 
which  shall  be  so  there  found,  to  be  in  like  manner  re- 
covered by  impounding  the  same,  which  the  owner  or 
lawful  occupant  of  any  tract  of  marsh  or  parcel  of  said 
Island  is  authorized  to  execute  &  pursue  :  —  And  when 
cattle  or  horses  under  the  care  of  a  keeper  shall  be  so 
found  and  impounded,  the  owner  or  owners  thereof,  who 
shall  thereupon  be  liable  and  shall  pay  any  fine  or  fines 
therefor  as  aforesaid,  shall  &  may  recover  the  amount 
thereof  with  all  costs  and  damages  from  the  keeper  or 
keepers  who  had  charge  of  such  cattle  or  horse  by  action 
of  the  case  to  be  brought  before  any  Court  proper  to  try 
the  same :  — 

Provided  nevertheless,  — And  he  it  further  enacted,  that  rroviso. 
no  proprietor  or  tenant  actually  resident  on  said  Island, 
whose  cattle  horses,  sheep  or  swine  shall  be  found  at  large 
on  said  Island,  shall  be  thereby  liable  to  the  penalties 
established  by  this  Act,  but  only  as  in  other  cases  of 
cattle  damage  feasant. 

And  he  it  further  enacted  that  if  the    cattle,  horses,  Penalty  for  cat- 
sheep  or  swine  of  any  person  or  persons  having  no  right  person""  whi  '** 
or  lawful  authority  to  feed  the  said  upland  or  beach,  shall  ^'^^''^^°  "s'^'- 
be  found  on  said  Island  straying  or  feeding  there,  he  or 
they  shall  besides  the  fines  and  forfeitures  before  estab- 
lished, be  lialile  &  answerable  as  in  other  cases  of  cattle 
found  damage  feasant,  the  want  of  fences  notwithstanding, 
and  the  owner  of  the  land  trespassed  upon  or  any  agent 
or  agents  who  shall  be  appointed  by  the  proprietors  to 
prevent  trespasses,  may  sue,  or  otherwise  prosecute  for 
such  damages,  for  their  own  use,  or  the  use  of  the  pro- 
prietors as  the  case  may  be. 

And  he  it  further  enacted,  that  any  person  or  persons  —for  damaging 
whether  a  proprietor  in  said  Island  or  otherwise,  who 
shall  cut  down  or  destroy  any  of  the  shrubs  or  small  trees 


38 


Acts,  1792.  —  Chapter  15. 


of  a  less  diameter  than  six  inches  or  shall  set  fire  to  the 
OTass  there  g-rowinff,  shall  be  liable  to  a  fine  not  exceed- 
ing  six  pounds  nor  less  than  forty  shillings,  to  be  recov- 
ered by  complaint,  indictment  or  information,  to  the  use 
of  the  person  or  persons  who  shall  prosecute  therefor. 
Act  repealed.  ^ncZ  be  it  further'  enac^etZ,  that  the  Act  entitled  "an 
Act  for  the  effectual  preventing  of  horses,  neat  cattle, 
sheep  and  swine  from  running  at  large  or  feeding  on  a 
certain  Island  called  Plumb  Island  lying  in  Ipswich  bay 
in  the  County  of  Essex,  passed  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  thirty  nine  shall  be  & 
the  same  is  hereby  repealed.       Approved  June  27,  1792. 


Boundaries. 


Buckgtown,  in- 
corporated. 


Jonathan  Buck, 
jun.  to  issue  a 
warrant. 


1793.  — Chapter  15. 

[May  Session,  ch.  15.] 

AN  ACT  TO  INCORPORATE  THE  PLANTATION  OF  BUCKSTOWN 
IN  THE  COUNTY  OF  HANCOCK  INTO  A  TOWN  BY  THE  NAME 
OF  BUCKSTOWN. 

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  a  pine  tree  marked  IBEBEM,  standing  on 
the  shore  of  the  thoroughfare,  so  called,  it  being  the 
southwesterly  corner  of  township  number  two,  thence 
running  north  sixty  two  &  a  half  degrees  east,  one  mile 
and  one  hundred  &  six  rods  to  Penobscot  eastern  river, 
thence  northerly  by  said  river  about  one  mile  &  a  half  to 
an  oak  tree  standing  by  said  river  marked  as  above,  thence 
north  fifty  two  degrees  east  five  miles  &  one  hundred  & 
twenty  five  rods  to  a  birch  tree  marked,  thence  north 
twenty  degrees  and  [a]  half  west  five  miles  and  forty  rods 
to  a  spruce  tree  marked,  thence  south  seventy  degrees  west 
five  miles  and  one  hundred  and  eighty  four  rods  to  an 
oak  tree  marked  standing  on  the  bank  of  Penobscot  main 
river  being  the  southwesterly  corner  of  Orington,  thence 
southerly  by  said  river  to  the  first  mentioned  bounds, 
together  with  the  inhabitants  thereon,  be  and  they  hereby 
are  incorporated  into  a  town  by  the  name  of  Buckstown, 
and  the  said  town  is  hereby  invested  with  all  the  powers, 
privileges  &  immunities,  which  other  towns  in  this  Com- 
monwealth do  or  may  enjoy  by  law. 

And  be  it  further  enacted  by  the  authority  aforesaid,  that 
Jonathan  Buck  junior  Esquire   be   &  he  is  hereby   em- 


Acts,  1792.  —  Chapters  16,  17.  39 

powered  to  issue  his  warrant,  directed  to  some  suital)le 
inhabitant  of  the  said  town  of  Buckstown  requiring  him 
to  warn  the  inhabitants  thereof  to  meet  at  some  con- 
venient time  and  place,  to  choose  all  such  Officers  as 
towns  are  by  law  required  to  choose  in  the  month  of 
March  or  April  annually.  Approved  June  27,  1792. 

1793.  — Chapter  16. 

[May  Session,  ch.  11.] 

AN  ACT  TO  CONTINUE  AN  ACT,  INTITLED   "AN  ACT,  FOE,  REN- 
DERING PROCESSES  IN  LAW  LESS  EXPENSIVE." 

JBe  it  enacted  by  the  Senate  and  House  of  Representatives 
in  General  Court  assembled  &  by  the  authority  of  the  same, 
that  the  Act  intitled  ' '  An  Act  for  rendering  processes  in  Act  continued. 
law  less  expensive,"  be,  &  hereby  is  continued  &  shall  be 
in  force,  untill  the  last  day  of  June  which  will  be  in  the 
year  of  our  Lord  one  thousand  seven  hundred  &  ninety 
three.  Aj^proved  Jurie  27,  1792. 

1793.  — Chapter  17. 

[May  Session,  ch.  19.] 

AN  ACT  AUTHORIZING  CORONERS  TO  EXECUTE  WRITS  AND  PRE- 
CEPTS  WHEN  THE   OFFICE   OF  SHERIFF  MAY  BE  VACANT. 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  authority  of 
the  same,  that  at  all  times  hereafter,  when  the  office  of  coroners  au- 
SherifF  in  any  County  may  be  vacant  by  death,  resigna- 
tion, removal  or  otherwise,  the  several  Coroners  of  such 
County  ])e,  and  they  hereby  are  respectively  authorized 
and  empowered  to  execute  and  return  all  writs  &  pre- 
cepts, which  are    by  law   appointed   to    be    executed    & 
returned   by  the   Sheriff,  untill  another  Sheriff  for  such 
County  shall  be  appointed,  &  legally  qualified,  &    such 
Coroners  shall  have  notice  thereof:  And  it  shall  be  the  sheriffs  to  no- 
duty  of  every  person  who  may  hereafter  be    appointed  {hJir^appofnt-^^ 
Sheriff  of  any  County,  &  legally  qualified  to  execute  said  '"®°'- 
Office,  to  give  notice  thereof  as  soon  as  may  be  to  the  re- 
spective Coroners  of  the  same  County.     And  the  Secre- 
tary of  this  Commonwealth  is  hereby  directed  to  cause 
this  Act  to  be  published  in  some  public  News  Paper  in 
each  County  in  this  Commonwealth,  where  any  such  News 
Paper  is  printed.  Approved  June  28,  1792. 


40 


Acts,  1792.  —  Chapter  18. 


Preamble. 


Persons  incor- 
porated. 


Society  empow- 
ered to  regulate 
themselves. 


1793.  — Chapter  18. 

[May  Session,  ch.  17] 

AN  ACT   TO    INCORPORATE    CERTAIN  PERSONS    BY    THE   NAME 
OF  THE  INDEPENDENT  CHRISTIAN  CHURCH  IN  GLOUCESTER. 

WJiereas  sundry  persons  inhabitants  of  the  town  of 
Gloucester  have  for  several  years  past  associated  for  the 
purpose  of  public  worship,  and  have  at  their  own  expence 
supported  a  public  Teacher  in  preaching  the  Gospel  upon 
pi'inciples  most  agreeable  to  the  dictates  of  their  oirn  con- 
sciences,—  and  have  petitioned  this  Court  to  be  incorpo- 
rated that  they  may  be  better  enabled  to  conduct  their 
parochial  ajfairs  with  ease  and  regularity :  — 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  authority  of 
the  same,  that  David  Pearce,  Winthrop  Sargent,  Joseph 
Foster,  Epes  Sargent,  John  Somes,  David  Plumer,  Bar- 
nett  Haskin,  John  Low,  third,  William  Pearce,  Isaac 
Elwell,  James  Sawyer,  Abraham  Sawyer  junior,  William 
Gee,  Abraham  Sanger,  Francis  Low,  Joseph  Herrick, 
Lemuel  Gates,  William  Card,  Francis  Norwood,  Benja- 
min Hale,  Daniel  Marchant  junior,  Aaron  Sargent,  Sam- 
uel Wonson  junior,  Caleb  Poole,  John  Stevens  Ellery, 
Benjamin  Tarbox,  Henry  Phelps,  Moses  Fitz,  Thomas 
Foster,  Benjamin  Lufkin,  Benjamin  K.  Hough,  William 
Murphy,  Jonathan  Low,  Joseph  Proctor,  Solomon  Bab- 
son,  Daniel  E.  Proctor,  Aaron  Hall,  Joseph  Allen  junior, 
Winthrop  Allen,  John  Allen,  David  Sargent,  William 
Baty,  Caleb  Norwood,  Joseph  Baker,  John  Gott,  Eben- 
ezer  Gott,  Samuel  Wonson,  Benjamin  Marshall,  Ebenezer 
Pool,  John  Norwood,  Nathan  Pool,  together  with  all  those 
who  are  and  those  who  shall  become  members  of  the  same 
Church  or  being  of  the  same  religious  denomination  shall 
unite  with  them  in  the  same  place  of  worship,  within  said 
town  of  Gloucester,  together  with  their  several  estates, 
lying  within  said  town  be  and  hereby  are  set  a  part  &  in- 
corporated into  a  Society  by  the  name  of  The  Indepen- 
dent Christian  Church  in  Gloucester,  and  by  that  name 
may  sue  and  be  sued,  plead  and  be  impleaded,  defend 
and  be  defended  in  any  Court  or  place  whatever. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  memljers  of  said  incorporation  at  any  meeting  of 
the  Society  shall  have  a  right  by  a  majority  of  votes  to 
ordain  and  establish  all  such  rules  &  regulations  and  to 


Acts,  1792.  —  Chapter  19.  41 

appoint  such  officers  for  the  government  of  said  society 
as  shall  not  be  repugnant  to  the  laAVs  and  Constitution  of 
the  Commonwealth,  and  at  such  meetings  to  vote  such 
taxes  and  make  such  assessments  thereof  as  shall  be  nec- 
essary for  the  support  of  said  Church  and  the  public 
Teacher  thereof. 

And  be  it  further  enacted  hy  the  authority  aforesaid, 
that  all  male  persons  who  usually  assemble  with  the  afore-  Qualifications  of 
said  Church  &  Congregation  for  public  worship,  being  of  7oy^. 
the  same  religious  denomination  &  qualified   by   law  to 
vote  in  town  affairs  shall  have  a  right  to  vote  in  all  meet- 
ings of  the  said  Society. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  any  five  of  the  petitioners  or  other  persons  usually  ^erufcan'a"'' 
assembling  with  said  Church  and  Congregation,  may  call  meeting. 
a  first  meeting  of  said  Society  at  such  time  and  in  such 
place,  within  said  town  of  Gloucester  as  they  shall  see 
fit,  at  which  meeting  the  method  of  calling  their  future 
meetings  shall  be  determined  conformably  to  the  laws  of 
the  Commonwealth. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  petitioners  and  all  others  their  associates  in  said  fiu^el!forTh^ 
Church  and  Congregation  and  their  several  estates  lying  n"JPnbuf their 
in  said  town  of  Gloucester,  shall  not  be  liable  to  any  tax  o^^"- 
or  assessment  for  the  support  of  any  other  public  Teacher 
of  piety  religion  or  morality  of  whatever  religious  sect 
or  denomination,  but  are  hereby  declared  to  be  exempt 
therefrom. 

And  be  it  further  enacted,  that  all  those  who  hereafter  Candidates  for 

•  f   ^  •  n  r         1  o        •  -I    r^^  Society,  to 

shall  be  desirous  of  becoming  Members  oi  said  Church  or  leave  their 
Society  being  inhabitants  of  said  town,  shall  leave  their  Towncierk. 
names  with  the  town  Clerk  of  said  town  twenty  days  at 
least  previous  to  the  annual  meeting  of  the  inhabitants  of 
said  town  in  the  month  of  March  or  April,  otherwise, 
they  shall  not  be  considered  in  law  as  Members  of  said 
Church  or  Society.  Approved  June  28,  1792. 

1793.  —  Chapter  19. 

[May  Session,  ch.  21.] 

AN  ACT  TO  INCORPORATE  THE  PLANTATION  OF  WASHINGTON 
IN  THE  COUNTY  OF  LINCOLN  INTO  A  TOAVN  BY  THE  NAME  OF 
MOUNT  VERNON. 

Be  it  enacted  by  the  Senate  (&  House  of  Representa- 
tives in  General  Oourt  Assefnbled  and  by  the  authority 


42 


Acts,  1792.  —  Chapter  20. 


Boundaries. 


Robert  Page, 
Esq.  to  issue  a 
warrant. 


of  the  same,  that  the  following  described  tract  of  land, 
vizt.  —  Beginning  at  the  northwesterly  corner  of  lot  num- 
ber one  hundred  and  sixty  eight  in  said  plantation,  thence 
running  east  southeast  three  miles  &  two  hundred  and 
forty  rods  to  Long  Pond,  so  called,  thence  southerly 
down  said  pond  and  stream  four  miles  and  two  hundred 
and  twenty  rods  to  the  north  line  of  lot  number  forty 
nine,  thence  east  southeast  one  mile  and  thirty  rods  to 
the  northeast  corner  of  lot  number  fifty  tw^o,  thence  south 
southwest  two  miles  &  eighty  rods  to  the  north  line  of 
Readfield,  thence  west  northwest  six  miles  and  two  hun- 
dred and  thirty  rods  to  Sterling  line,  thence  north  twenty 
nine  degrees  west,  six  miles  &  one  hundred  and  seventy 
rods  to  the  first  mentioned  bounds,  together  with  the  in- 
habitants thereon,  be  and  they  hereby  are  incorporated 
into  a  town  by  the  name  of  Mount  Vernon,  and  the  said 
town  is  hereby  invested  with  all  the  powers,  privileges 
and  immunities,  which  other  towns  in  tlais  Commonwealth 
do  or  may  enjoy  by  law. 

And  he  it  further  enacted  by  the  authority  aforesaid  that 
Robert  Page  Esquire  be  &  he  is  hereby  impowered  to  issue 
his  warrant,  directed  to  some  suitable  inhabitant  of  the 
said  town  of  Mount  Vernon  requiring  him  to  warn  the 
inhabitants  thereof  to  meet  at  some  convenient  time  and 
place,  to  choose  all  such  Officers  as  towns  are  by  law  re- 
quired to  choose  in  the  month  of  March  or  April  annually. 

Approved  June  28.,  1792. 


Act  repealed. 


1793.— Chapter  20. 

[May  SeBsion,  ch.  18.] 

AN  ACT  TO  REPEAL  AN  ACT,  INTITLED  "AN  ACT  FOR  INCOR- 
PORATING A  NUMBER  OF  THE  INHABITANTS  OF  THE  FIRST 
PARISH  IN  MENDON  IN  THE  COUNTY  OF  WORCESTER,  INTO 
A  SOCIETY  BY  THE  NAME  OF  THE  FIRST  CONGREGATIONAL 
SOCIETY  IN  MENDON"  PASSED  IN  THE  YEAR  OF  OUR  LORD 
ONE  THOUSAND   SEVEN   HUNDRED  AND  EIGHTY  FOUR. 

Whereas  the  Act,  intitled,  "  An  Act  for  incorporating  a 
number  of  inhabitants  of  the  first  Parish  in  Mendon  in  the 
County  of  Worcester  into  a  Society  by  the  name  of  the 
First  Congregational  Society  in  Mendon "  does  not  pro- 
duce  those  salutary  effects  which  were  expected: 

Be  it  therefore  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled  and  by  the 
authority  of  the  same,  that  the  said  act  be,  and  the  same  is 
hereby  repealed,  and  made  null  and  void : 


Acts,  1792.  —  Chapter  21.  43 

Provided  nevertheless,  aiid  be  it  further  Enacted  by  the  Proviso. 
authority  aforesaid,  that  the  said  Society  shall  be  holclen 
to  pay  all  debts  by  them  heretofore  contracted,  in  the  same 
way  and  manner  as  tho'  the  said  Act  had  not  been  repealed  ; 
&  that  each  and  every  subscriber  to  the  said  fund  of  said 
Society,  shall  be  holden  to  pay  the  interest  due  on  their 
several  obligations  to  the  first  day  of  June,  One  thousand 
seven  hundred  and  Ninety  two. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  Samuel  Fairbanks,  Joseph  Adams,  &  Stephen  John-  Trustees  em- 
son,  the  present  Trustees  of  said  Society,  or  any  two  of 
them,  be,  and  they  arc  hereby  authorized  and  empowered, 
by  themselves  their  agent  or  attorney  to  collect  for  the  use 
of  the  members  of  said  Society,  all  debts  due  from  any 
l^erson  or  persons  not  members  of  said  Society,  &  the 
Trustees,  are  hereby  directed  to  return  to  the  members  of 
said  Society,  the  Bonds,  Notes,  or  other  property  they 
have,  or  may  receive  into  their  hands,  belonging  to  said 
Society ;  &  the  said  Society  shall  be  holden  to  account 
with  the  first  Parish  in  Mendon  or  any  individual  thereof 
for  any  monies  or  property  which  said  Society  have  re- 
ceived, &  which  did  belong  to  them  before  the  passing  the 
incorporating  Act : 

Provided  nevertheless  the    said  Trustees  shall  not  be  Proviso. 
holden  to  account  with  the  individuals  of  said  society  for 
any  more  than  their  equal  proportion  of  their  subscription 
after  the  debts  due  from  said  Society  are  paid  and  satisfied. 

Approved  June  28,  1792. 


1793.  —  Chapter  21. 

[May  Session,  ch.  22.] 

AN  ACT  IN  ADDITION  TO  AN  ACT  ENTITLED  "AN  ACT  FOR 
INCORPORATING  CERTAIN  PERSONS  FOR  THE  PURPOSE  OF 
BUILDING  A  BRIDGE  OVER  CHARLES-RIVER  FROM  THE  WEST- 
ERLY PART  OF  BOSTON  TO  CAMBRIDGE,  AND  FOR  EXTENDING 
THE  INTEREST  OF  THE  PROPRIETORS  OF  CHARLES  RIVER 
BRIDGE  FOR  A  TERM  OF  YEARS,"  AND  FOR  REPEALING  A 
CERTAIN  CLAUSE  IN  SAID  ACT. 

Be  it  enacted  by  the  Senate  and  House  of  Represent- 
atives in  General   Court  assembled  d'  by  the  authority  of 
the  sayne,   that  the  proprietors   of  West    Boston  Bridge  f^o7[he°coDtiuu- 
shall  continue  to  be  a  Corporation  and  body  politic  for  &  ance  of  the  Pro- 
during  the  term  of  seventy  years  to  be  computed  from  corporation. 
the  day  that  the  said  West  Boston  Bridge  shall  be  com- 
pleated  &  opened  for  passengers  subject  to  all  the  condi- 


44 


Acts,  1792.  —  Chapter  22. 


Clause  of  a 
former  act  re- 
pealed. 


Corporation  to 
pay  £.200  per 
annum  to  Har- 
vard College. 


tions  and  regulations  in  said  Act  prescribed,  except  the 
annual  payment  of  three  hundred  pounds  to  the  use  of 
Harvard  College  or  University :  and  during  the  term 
aforesaid  the  proprietors  of  said  West  Boston  Bridge 
may  continue  to  collect  and  receive  the  toll  granted  by 
the  aforesaid  Act  for  their  use  and  benefit. 

And  be  if  further  enacted,  that  the  condition  and  clause 
in  the  aforesaid  Act  whereby  said  Corporation  is  bound 
and  ol)liged  to  pay  annually  to  Harvard  College  or  Uni- 
versity the  sum  of  three  hundred  pounds  during  the  term 
of  forty  years  be.  and  the  same  hereby  is  repealed  and 
made  null  and  void. 

And  be  it  further  enacted,  that  after  the  toll  specified 
and  appointed  by  the  aforesaid  Act  shall  commence,  the 
said  Corporation  shall  pay  annually  to  the  Treasurer  of 
Harvard  College  or  University  the  sum  of  two  hundred 
pounds  during  the  said  term  of  seventy  years,  to  be  by 
said  College  appropriated  for  the  pur})ose  of  defreying 
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 
to  be  applied  for  the  purpose  of  reducing  the  expence 
of  tuition  to  all  the  other  scholars  ;  —  and  if  the  sum  before 
mentioned,  shall  be  applied  to  any  other  purposes  than 
are  herein  directed,  then  and  in  that  case,  it  shall  revert 
to  and  be  paid  into  the  Treasury  of  the  Commonwealth. 

Approved  June  30^  1792. 


Preariililo. 


1793.  —  Chapter  33. 

[May  Session,  ch.  20.] 

AN  ACT  FOR  ESTABLISHING  AN  ACADEMY,  IN  THE  TOWN  OF 
TAUNTON  IN  THE  COUNTY  OF  BRISTOL  BY  THE  NAME  OF  THE 
BRISTOL   ACADEMY. 


Whereas  it  appears  by  the  petition  of  the  Honorable 
David  Cobb  Esquire  for  himself  and  others  his  associates 
that  they  have  subscribed  a  sum  of  money  for  the  pmpose 
of  erecting  and  suppoi'ting  an  Academy  in  the  toivn  of 
Taunton  in  the  County  of  Bristol,  to  effect  which  generous 
design  more  fully,  it  is  necessary  to  establish  tt*  endow  a 
Body  Politic.  — 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Court  assembled  <&  by  the  authority 
itsh'Jd!'"^ ''*'"^'  of  the  same,  that  there  be  and  hereby  is  established  in  the 


Acts,  1792.  —  Chapter  22.  45 

town  of  Taunton  in  the  County  of  Bristol  an  Academy  by 
the  name  of  the  Bristol  Academy,  for  the  purpose  of  pro- 
moting piety,  morality  and  patriotism  and  for  the  educa- 
tion of  youth  in  such  languages  and  such  of  the  liberal  arts 
and  sciences  as  the  Trustees  shall  direct,  and  that  the  Trustees  ap. 
Honorable  Walter  Spooner,  William  Baylies,  David  Cobb  p°'"'''''- 
and  Elisha  May  Esquires,  James  Williams,  Apollos  Leon- 
ard, Seth  Padleford,  Samuel  Fales  and  Samuel  Leonard 
Esquires,  Messieurs  Simeon  Tisdale,  James  Tisdale, 
Joseph  Tisdale  and  Jonathan  Cobb  be  and  hereby  are 
nominated  and  appointed  Trustees  of  said  Academy,  and 
they  are  herel)y  incori)orated  into  a  Body  politic  by  the 
name  of  the  Trustees  of  the  Bristol  Academy  &  they  & 
their  successors  shall  be  &  continue  a  body  politic  by  the 
same  name  forever. 

Aiid  be  it  further  enacted^  that  the  said  Academy  be  Township 
endowed  with  a  township  containing  six  miles  square  of  nrmed'to  the° 
the  unappropriated  lands  in  the  Counties  of  Lincoln  or  Trustees. 
Hancock  to  be  laid  out  Ijy  the  Committee  for  the  sale  of 
eastern  lands  and  to  be  located  in  such  place  as  will  best 
subserve  the  interest  of  the  Commonwealth,  and  that  all 
the  lands  &  monies    heretofore  given    or  subscribed,  or 
which  for  the  purpose  aforesaid  shall  be  hereafter  given 
granted  and  assigned  unto  the  said  Trustees,  shall  be  con- 
firmed 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  in-  rroviso. 
come  of  the  same  shall  not  exceed  six  hundred  pounds, 
and  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  Trustees  em- 
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 
Corporation  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 


Seal 


46  Acts,  1792.  —  Chapter  23. 

said  Trustees,  the  method  of  electing  or  removing  Trus- 
tees, to  ascertain  the  powers  and  duties  of  their  several 
officers,  to  elect  Preceptors  &  Instructors  of  said  Academy, 
to  determine  the  duties  and  tenures  of  their  offices,  to 
ordain  reasonable  rules,  orders  and  bye  laws,  not  repug- 
nant to  the  laws  of  this  Commonwealth,  with  reasonable 
penalties  for  the  good  government  of  the  Academy,  and 
ascertain  the  qualifications  of  Students  requisite  to  their 
admission,  and  the  same  rules,  orders  or  bye  laws  at  their 
pleasure,  to  repeal, 
to  have  a  j^g  it  further  enacted,  that  the  Trustees  of  said  Academy 

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  exe- 
cuted and  valid  in  law ;  and  that  the  Trustees  of  said 
Academy  may  sue  and  be  sued  in  all  actions,  real  personal 
or  mixed  and  prosecute  and  defend  the  same  to  final  judg- 
ment and  execution  by  the  name  of  the  Trustees  of  Bristol 
Academy. 
Number  of  Be  it  further  enacted  that  the  number  of  said  Trustees 

trustees  limited.  n.i.r-i  in  jj_  ±'  i 

and  then-  Successors  shall  not  at  any  one  tune  be  more 
than  fifteen  nor  less  than  nine,  five  of  whom  shall  consti- 
tute a  quorum  for  transacting  business  ;  and  a  majority  of 
meml)ers  present  at  a  legal  meeting  shall  decide  all  ques- 
tions proper  to  come  before  the  Trustees. 
Apo'^08  Leon-  ^g  {I  further  enacted,  that  Apollos  Leonard  Esquire  be 
empowered.  and  hereby  is  authorized  to  fix  the  time  and  place  for  hold- 
ing the  first  meeting  of  the  said  Trustees,  and  to  notify 
them  thereof.  A[^roved  June  30,  1 792. 

1793.  — Chapter  33. 

[November  Session,  ch.  1.] 

,  AN  ACT  FOR  ASCERTAINING  THE    BOUNDARY    LINE    BET'WEEN 

THE  NORTH  EAST  PART  OF  THE   TOWN  OF    FRANKLIN   AND 
THE   SOUTH  EAST  PART   OF  THE   TOW^N   OF  MEDWAY. 

Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  authority  of 
the  same,  that  the  dividing  line  between  the  said  Towns 
Boundaries.  for  tlic  futurc  shall  be  as  follows:  Viz.  —  Beginning  at 
Charles  River  on  the  East  side  of  the  road,  by  the  south 
side  of  the  bridge  (known  by  the  name  of  Joshua  Part- 


Acts,  1792.  —  Chapter  24.  47 

ridge's  Bridge)  thence  running  Southerly  with  the  said 
road  untill  it  conies  to  the  land  of  Benjamin  Kingsbury, 
thence  running  Easterly  with  said  Kingsbury's  land  untill 
it  comes  to  the  Southermost  point  of  said  Partridge's 
land,  thence  running  North  Fifty  nine  degrees  East  six 
chains,  thence  South  sixty  eight  degrees  and  thirty  minutes 
East  Thirty  three  chains  to  a  large  pine  tree,  thence  East- 
erly on  the  line  that  divides  the  land  formerly  belonging 
to  Nathaniel  &  Nathan  AVhiting  untill  it  comes  to  Wrentham 
Town  line,  and  thence  the  Town  of  Medway  shall  bound 
on  said  Wrentham  line  to  Charles  River,  excepting  that 
two  small  pieces  of  land  now  owned  by  Benjamin  Kings- 
bury and  Silence  Lovell  shall  still  remain  as  part  of  the 
said  Town  of  Franklin.         Aj^jyroved  November  13^  1792. 

1792.  — Chapter  34. 

[November  SeBsion,  ch.  2.1 

AN  ACT  TO  SET  OFF  JOHN  ABBOTT  AND  OTHERS  WITH  THEIR 
FAMILIES  AND  ESTATES,  WITH  OTHER  LANDS  FROM  THE 
TOWN  OF  ASHBURNHAM  AND  TO  ANNEX  THE  SAME  TO  THE 
TOWN  OF  ASHBY. 

Be  it  enacted  by  tJte  Senate  and  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  autJiority  of 
the  same, — That  John  Abbott,  James  Bennett,  James  Persons  set  off. 
Pollard,  John  Shattuck,  Joseph  Damon,  Isaac  Whitney 
Jeremiah  Abbott,  John  Hall,  Amos  Brooks  and  Daniel 
Brown,  with  their  families  and  Estates,  and  also  all  the 
lands  contained  within  the  following  line  (excepting  the 
lands  now  owned  by  Henry  Hall)  to  wit,  beginning  at  Boundaries, 
the  North  East  corner  of  Ashburnham  at  the  line  between 
the  States  of  Massachusetts  and  New  Hampshire  and  run- 
ning westerly  by  and  with  said  State's  line  five  hundred 
and  four  poles  to  the  land  of  James  Spaulding,  thence  run- 
ning Southerly  a  strait  line  by  land  of  said  Spaulding 
one  hundred  and  forty  five  poles  to  land  of  Capt.  John 
Moor,  thence  running  south  easterly  a  strait  line,  Eight 
hundred  &  seventy  poles  to  Ashby  line  at  a  stake  and 
stones,  thence  running  northerly  by  Ashby  line  seven  hun- 
dred &  fifty  three  poles  to  the  corner  of  Ashburnham  first 
mentioned,  be  and  hereby  are  annexed  &  set  to  the  Town 
of  Ashby  and  County  of  Middlesex  with  all  the  rights  and 
immunities  of  inhabitants  of  said  town  of  Ashby :  pro- 
vided always  that  the  persons  aforesaid  with  the  lands  and 


48 


Acts,  1792.  —  Chapters  25,  26. 


effects  aforesaid  shall  be  holden  to  pay  to  the  Town  of 
Ashburnham  all  taxes  heretofore  assessed  or  granted  by 
said  town,  also  their  full  proportion  of  all  debts  now  due 
from  said  town  of  Ashburnham. 

Approved  November  16,  1792. 


1793.  — Chapter  25. 

fNovember  Seesion,  ch.  3.1 

AN  ACT  IN  ADDITION  TO  AN  ACT  FOR  THE  DUE  REGULATION 
OF   LICENCED   HOUSES. 

Be  it  Enacted  by  the  Senate  d'  House  of  Representatives 
in  General  Court  Assembled  <&  by  the  Authority  of  the  satyie, 
J"8',ice8^autiior-  ^jjat  the  Justices  of  the  Courts  of  General  Sessions  of  the 
Licensel  Pcace  iu  the  several  Counties  in  this  Commonwealth  be  & 

are  hereby  authorized  &  directed  to  grant  Licence  as  the 
Law  directs  for  keeping  a  Tavern  or  for  Retailing  Spirit- 
uous Liquors,  to  any  person  applying  for  such  Licence 
within  their  respective  Counties  who  may  be  an  Inhabitant 
or  Resident  in  any  Plantation  or  other  place  not  within 
the  limits  of  any  incorporated  Town  or  District,  on  such 
persons  taking  the  oath  required  by  Law  to  be  taken  by 
persons  previous  to  their  receiving  Licence  &  producing 
satisfactory  evidence  to  the  Court  to  which  he  shall  apply, 
that  he  is  firndy  attached  to  the  Constitution  &  Laws  of 
this  Commonwealth  &  well  qualified  &  provided  for  the 
exercise  of  such  an  imployment ;  &  that  such  Licence  will 
be  subservient  to  the  publick  good. 

A2}proved  November  17,  1 792. 


Conditions. 


Act  altered. 


1793.  — Chapter  36. 

[November  Seeeioa,  ch.  4.] 

AN  ACT,  FOR  ALTERING  AN  ACT  OF  THIS  COMMONWEALTH  EN- 
TITLED "AN  ACT  DIRECTING  THE  MANNER  IN  W^HICH  MONEY 
SHALL  BE  RAISED  AND  LEVIED  TO  DEFRAY  THE  CHARGES 
WHICH  MAY  ARISE  WITHIN  THE  SEVERAL  COUNTIES  IN  THIS 
COMMONWEALTH." 

JBe  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of 
the  same,  that  the  first  paragraph  of  the  aforerecited  Act 
be  and  hereby  is  so  far  altered,  as  that  the  Justices  of  the 
Courts  of  General  Sessions  of  the  peace,  may  at  any 
Court  of  Sessions  when  it  shall  appear  necessary,  make 


Acts,  1792.  —  Chapter  27.  49 

an  estimate  of  the  sum  or  sums  of  money  requisite  to  de- 
fray the  charges  of  the  County  any  thing  in  the  said  para- 
graph to  the  contrary  notwithstanding. 

Approved  November  17,  1792. 

1793.  — Chapter  27. 

[November  Session,  ch.  6.] 

AN  ACT  TO  IMPOWER  SILAS  NOWELL  GUARDIAN  TO  HIS  CHIL- 
DREN TO  JOIN  IN  THE  DIVISION  OF  CERTAIN  UNDIVIDED 
ESTATES  TO  THEM  BELONGING,  WITH  THE  OTHER  OWNERS, 
AND  ON  THEIR  BEHALF  TO  EXECUTE  ANY  DEEDS  THAT  MAY 
BE  NECESSARY  FOR  THAT  PURPOSE. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of 
the  same,  that  Silas  Nowell,  Father  &  lawful  Guardian  Guardian im- 
to  Sarah  Johnson  Nowell,  James  Nowell,  Martha  Nowell,  p°^®"  " 
Silas  Nowell  junr.  Ralph  Cross  Nowell  and  Phebe  Nowell 
all  of  Newbury  Port  in  the  County  of  Essex  Minors,  be 
and  he  hereby  is  fully  authorized  &  impowered  for  and  in 
behalf  of  his  said  children  to  agree  upon,  and  make  parti- 
tion of  the  real  estate  of  their  Grandfather  Ralph  Cross 
late  of  said  Newbury  port  deceased,  lying  both  in  this 
Commonwealth,  and  in  the  State  of  New  Hampshire  with 
the  other  Devisees  or  owners  thereof,  and  to  accept  and 
take  the  share  belonging  to  his  said  children  in  any  such 
parcel  or  parcels  and  in  any  such  place  or  places  as  he 
shall  judge  most  for  their  benefit  and  advantage  as  fully 
as  they  could  do  themselves  if  they  were  of  lawful  age,  & 
to  make  &  execute  any  proper  deed  or  deeds,  necessary 
for  effecting  &  compleating  such  partition ;  and  the  said 
Silas  is  also  fully  impowered  })revious  to  such  partition  to 
settle  and  adjust  with  Stephen  Cross  &  Ralph  Cross  esqrs. 
executors  to  the  last  will  and  testament  of  the  said  Ralph 
Cross  deceased,  the  demands  of  the  said  children  against 
them  for  their  part  of  the  personal  estate  of  said  Testator ; 
and  upon  the  said  Stephen  and  Ralph  giving  him  a  re- 
ceipt and  discharge  for  so  much  as  the  same  shall  amount 
to,  on  account  of  one  hundred  &  eighty  pounds  with  the 
interest  charged  upon  the  said  children's  sixth  part  of  the 
Testator's  estate,  to  give  &  execute  to  them  the  said 
Stephen  and  Ralph  a  proper  receipt  and  discharge  for  the 
same ;  &  whatever  part  of  one  hundred  &  eighty  pounds 
and  interest,  if  any,  may  then  remain  due  to  them,  the 


50 


Acts,  1792.  —  Chaptek  28. 


Provleo. 


said  Silas  is  hereby  authorized  to  satisfy  and  discliarge  out 
of  his  said  children's  part  of  said  real  estate  by  setting  off 
&  allotting  to  them  the  said  Stephen  and  Ralph  respec- 
tively in  said  Division  so  much  thereof  as  he  shall  think 
just,  and  they  shall  agree  to  accept  in  satisfaction  therefor, 
or  if  they  cannot  agree,  then  such  allotment  shall  be  made 
by  impartial  freeholders  to  be  named  &  agreed  upon  by 
the  said  Guardian,  and  the  said  Stephen  and  Ralph,  pro- 
vided that  the  said  Silas  Nowell  Guardian  as  aforesaid  give 
bond  with  sufficient  sureties  to  the  Judge  of  Probate  for 
the  said  County  of  Essex  to  be  conditioned  for  the  faithful 
performance  of  the  powers  and  trusts  herein  granted. 

Approved  November  17^  1 792. 


Hospitals  may 
be  legally 
erected. 


Proviso. 


Selectmen  to 
regulate  them. 


—  May  be  dis- 
continued. 


1793.  — Chapter  38. 

[November  Session,  eh.  5.] 

AN  ACT  PROVIDING  FOR  THE  ESTABLISHMENT  OF  HOSPITALS 
FOR  ENOCULATING  WITH  THE  SMALL  POX  &  FOR  REPEALING 
ALL  LAWS  HERETOFORE   MADE  FOR  THAT  PURPOSE. 

Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives in  General  (Jourt  assembled,  &  hy  the  authority  of 
the  saine,  that  from  and  after  the  first  day  of  December, 
one  thousand  seven  hundred  &  ninety  two,  it  shall  and 
may  be  lawful  for  the  inhabitants  of  any  Town  or  District 
within  this  Commonwealth  to  establish  erect,  or  set  apart, 
such  and  so  many  buildings  within  the  same  Town  or  Dis- 
trict for  inoculating  w^ith  the  small  pox  as  shall  at  any 
time  be  agreed  on  by  a  majority  of  voters  legally  qualified 
to  vote  in  Town  affairs  in  open  Town  or  District  meeting - 
legally  assembled  for  that  purpose,  having  first  obtained 
the  consent  of  the  owner  of  such  buildings  —  Provided 
that  no  such  meeting  shall  be  deemed  legal  unless  public 
notice  shall  be  given  thereof  eight  days  previous  to  the 
meeting :  And  all  such  buildings  or  hospitals  together 
w^ith  the  physicians,  patients  and  all  other  persons  and 
things  within  the  limits  or  bounds  thereof  shall  be  subject 
to  such  rules  &  regulations  as  a  majority  of  the  Selectmen 
of  the  town  or  district  shall  judge  most  effectual  to  guard 
against  conveying  the  infection  to  such  persons  as  have 
not  had  the  desease,  &  it  shall  be  at  any  time  lawful  for  a 
majority  of  the  inhabitants  of  such  town  at  a  legal  meet- 
ing to  discontinue  such  Hospital  when  they  shall  think 
proper. 


Acts,  1792.  —  Chapter  28.  51 

Be  it  further  enacted  hy  the  authority  aforesaid,  that  ^^j*y°j[*^®s®- 
it  shall  be  the  duty  of  the  Selectmen  of  the  towns  or 
Districts  in  which  Hospitals  shall  be  licenced  as  aforesaid 
to  prescribe  &  mark  out  bounds  or  limits  to  which  the 
patients  and  others  shall  be  confined  and  wdiich  they  shall 
not  transgress  ;  and  to  cause  a  red  Hag  to  be  displayed 
and  such  other  precautions  to  be  taken  as  shall  give  notice 
to  the  good  citizens  of  the  Commonwealth  ot  the  exist- 
ence of  the  small  pox  in  such  place  or  places,  in  order 
that  no  person  may  be  exposed  to  take  the  infection  by 
passing  or  otherwise. 

Be  it  further  enacted  by  the  authority  aforesaid,  that  Preparatory  & 
each  Hospital  licenced  as  aforesaid  shall  be  provided  with  HouTesf 
a  preparatory  House,  in  which  the  patients  shall  reside 
untill  the  inoculation  shall  have  taken  effect.  And  shall 
also  be  provided  with  a  [)roper  and  suitable  house  or 
houses  for  cleansing  by  smoaking,  washing,  and  airing  all 
persons,  cloathing  &  baggage,  which  shall  come  or  be 
brought    out  of  said  Hospitals;    And  the  Physician  at- ^">>' °^ ^''y- 

1  •  '111  sicians. 

tending  such  hospitals  shall  cause  the  rules  and  regula- 
tions prescribed  by  the  Selectmen  as  aforesaid,  to  be  fairly 
written  or  printed  and  posted  up  in  some  conspicuous 
place  within  the  hospital,  for  the  information  &,  govern- 
ment of  all  concerned. 

And  he  it  further  enacted  hy  the  authority  aforesaid,  that  —To  give 
each  Physician  previously  to  his  entering  on  the  business 
of  attending  any  such  hospital,  shall  make  and  execute  to 
the  Treasurer  of  the  town  or  District  in  which  such  hos- 
pital may  be,  a  bond  with  sufficient  sureties  in  the  penal 
sum  of  live  hundred  pounds,  conditioned  for  the  faithful 
observance  of  this  act,  and  also  such  regulations  as  may 
be  prescribed  by  the  Selectmen  as  aforesaid  as  well  by 
himself  as  all  other  persons  by  him  employed,  or  under 
his  care  ;  and  in  case  of  a  breach  or  breaches  of  the  con- 
dition of  such  bond  the  same  shall  not  be  liable  to  be 
reduced  in  chancery  below  the  penalties  respectively  pro- 
vided by  this  Act :  —  And  every  person  who  may  violate  Forfeitures  in 
this  act  or  any  regulation  made  in  conformity  hereto  by  "ase  of  a  breach, 
the  Selectmen  as  aforesaid,  shall  forfeit  a  sum  not  exceed- 
ing fifty  pounds,  one  half  thereof  to  the  use  of  the  town 
or  District  wdiere  the  offence  shall  be  committed,  and  the 
other  half  thereof  to  the  use  of  the  person  who  may  sue 
for  &  recover  the  same  in  any  Court  proper  to  try  the 
same  :  And  if  any  Physician  or  other  person  shall  pre- 


52  Acts,  1792.  —  Chapter  28. 

sume  to  inoculate  or  suffer  him  or  herself  to  be  inoculated 
for  the  small  pox  in  any  other  place  than  is  or  shall  be 
provided  in  conformity  to  this  Act,  the  person  so  offend- 
ing shall  for  each  offence  forfeit  &  pay  a  sum  not  exceed- 
ing fifty  pounds  to  be  sued  for  and  recovered  in  manner 
as  aforesaid  :  — 

Proviso.  Provided  ahvays  that  in  cases  ^vhere  the  Small  Pox 

shall  unexpectedly  break  out  in  any  family,  whereby  the 
lives  of  any  persons  may  be  exposed  by  taking  the  infec- 
tion in  the  natural  way,  and  where  there  is  no  hospital  to 
which  the  persons  so  infected  and  exposed  can  lie  imme- 
diately removed,  it  shall  lie  lawful  for  a  major  part  of  the 
Selectmen  of  the  town  or  District  in  which  they  reside  to 
grant  permission  for  the  inoculation  of  the  persons  so 
exposed,  until!  suitable  accommodations  can  be  provided 
in  an  hospital. 

And  he  it  further  Enacted  by  the  authority  aforesaid, 
that  it  shall  &  may  be  lawful  for  the  inhabitants  of  any 
Town  or  District  in  the  neighborhood  of  the  aforesaid 
Hospitals  who  shall  conceive  themselves  in  danger  of  re- 

Smoke Houses    cciviug  the  infectiou,  to   erect  smoke-houses  within  the 

wuha^^'^^'''^'^'  limits  of  their  own  Towns  or  Districts  for  smoaking  such 
persons  together  with  their  cloathing  &  baggage  as  may 
come  into  their  Towns  or  Districts  from  said  Hospitals ; 

Proviso.  pi'ovided  such  Smoke  houses  shall  be  agreed  upon  by  a 

majority  of  the  inhaliitants  in  Town  or  District  Meeting 
legally  Assembled  for  that  purpose. 

And  he  it  farther  Enacted  by  the  Authority  aforesaid, 

FeTed°tVb'e  re-   ^^^^  '^^  shall  be  in  the  power  of  the  Selectmen  of  any  Town 

moved, in  case,  or  District,  whcrc  the  Small  Pox  may  happen  to  be  on  any 
great  Public  Road,  or  where  the  lives  of  the  Neighbors 
would  be  greatly  endangered,  to  remove  any  Person  in- 
fected therewith  to  some  convenient  remote  place,  unless 
two  regular  respectable  Physicians  of  the  vicinity  shall 
certify  that  in  their  opinion  such  removal  would  endanger 
the  life  of  the  Patient. 

And  be  it  farther  Enacted  by  the  authority  aforesaid. 

Duration  of  this  that  this  Act  shall  continue  &  be  in  force  for  the  term  of 
five  years  from  &  after  the  first  daj''  of  December,  one 
thousand  seven  hundred  &  ninety  two. 

peaiecK  ^°'^ '^'       And  it  is  further  enacted  by  the  authority  aforesaid,  that 

an  act  passed  in  the  year  of  our  Lord  One  thousand  seven 

-^   hundred  &  seventy  six,  entitled,   "An  Act  impowering 

Justices  of  the  Court  of  General  Sessions  of  the  Peace  in 


Acts,  1792.  —  Chapter  29.  53 

the  several  Counties  to  permit  inoculating  Hospitals  to  be 
erected  in  said  Counties,"  &  also  an  Act  passed  in  the 
same  year,  entitled,  "  An  Act  to  prevent  the  continuance 
of  the  Small  Pox  in  the  Town  of  Boston  &  to  licence  in- 
oculation there  for  a  limited  time,"  together  with  an  act 
passed  in  the  year  of  our  Lord  One  thousand  seven  hun- 
dred &  seventy  seven  in  addition  to  &  for  amendment  of 
the  Act  herein  first  recited  shall  be  &  hereby  are  repealed 
from  &  after  the  first  of  December  next ;  provided  always  Proviso, 
that  any  prosecution  or  suit  for  any  Ijreach  of  either  of 
said  Acts  already  committed  may  be  sustained  &  pro- 
ceeded with  to  final  iudo-ment&  execution  notwithstanding; 
the  repeal  of  said  Acts  as  aforesaid,  if  such  prosecution  or 
suit  shall  appear  to  be  proceeded  with  by  the  request  of 
the  Selectmen  of  the  town  or  district  wdiere  the  offence 
was  committed  &  w'ithin  one  year  from  the  first  day  of 
December  next ;  provided  also  that  any  prosecution  now  Proviso, 
pending  may  be  proceeded  with  to  final  Judgment  &  Exe- 
cution, without  any  request  from  the  Selectmen  as  afore- 
said, if  the  person  charged  shall  neglect  or  refuse  to  pay 
the  costs  that  have  already  arisen  by  such  prosecution. 

Approved  November  17^  1792. 

1792.  — Chapter  29. 

[November  Session,  ch.  7.] 

AN  ACT  FOR  INCORPORATING  A  NUMBER  OF  THE  INHABITANTS 
OF  TURNER  AND  THE  PLANTATION  CALLED  BUCK  TOW^N  IN 
THE  COUNTY  OF  CUMBERLAND  INTO  A  DISTINCT  RELIGIOUS 
SOCIETY. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
in  General  Court  assembled  and  by  the  authority  of  the 
same,  that  Simon  Record,  Joshua  Keen,  Edmund  Irish,  ^or|°e°d  *°*'°''' 
John  Buck,  William  Selley,  Benjamin  Selley,  William 
Lowell,  Eleazer  Chace,  Joshua  Davis,  Thomas  Irish, 
Stephen  Lowell,  Jonathan  Record,  Joseph  Roberts  Junior, 
John  Thorlo,  William  Rich,  William  Berry,  Lemuel 
Crocker,  Andrew  Eliott,  John  W.  Eliott,  Jonathan  Phil- 
brick,  Joshua  Wescot,  William  Dobb,  Jeremiah  Hodgdon, 
James  Hodgdon,  Thomas  Lowell,  John  Swett,  David 
Warren,  Joseph  Roberts,  John  Irish,  Junr.,  Enoch  Hall, 
Nathaniel  Smith,  Jonathan  Roberts,  Jotham  Shaw,  James 
Jordan,  Caleb  Young,  Amos  Brown,  Richard  Taler,  Joseph 
Chace,  John  Irish,  Samuel  Blake,  Samuel  Andrews,  Asa 


54 


Acts,  1792.  —  Chapter  30. 


Smith,  Mark  Andrews,  Henry  Jones,  Benjamin  Jones, 
Jaziel  Smith  Junr.,  Lalmn  Smith,  Daniel  Child,  Hezekiah 
Bryant,  Levi  Merrick,  Richard  Philh'ps,  John  Dillinoham, 
Samuel  Gorham,  Jesse  Bradford,  Jaziel  Smith,  Daniel 
French,  Daniel  Merrill,  John  Brown,  Ezekiel  Bradford, 
Joseph  Leavitt,  Nathaniel  Gilbert,  Members  of  the  said 
ReJit/wus  Society  together  with  their  Estates  be  and 
they  hereby  are  Incorporated  by  the  name  of  the  Baptist 
Society  of  Turner  &  Buck  town  with  all  the  Priviledges 
powers  and  Immunities,  to  which  other  Parishes  in  the 
commonwealth  are  by  law  entitled, 
josiah Thatcher      Aiul  he  it  farther  enacted  that  Josiah  Thatcher  Esqr.  is 

to  issue  his  war-  ,,  i-ix  i-  t  i 

rant,  hereby  authorized  to  Issue  his  warrant  directed  to  some 

principal  member  of  said  Society,  requiring  him  to  warn 
the  Members  of  the  said  Society  quallitied  to  vote  in  Parish 
aflairs,  to  assemble  at  some  suitable  time  and  place  in  said 
Town  or  Plantation,  to  chuse  such  Parish  officers  as  are 
by  law  required  to  be  chosen  in  the  month  of  March  or 
April  annually  and  to  transact  all  such  matters  and  things 
as  are  necessary  and  may  be  legally  done  in  said  Society. 

Approved  November  17,  1792. 


Preamble. 


Persons  incor- 
porated. 


1793.  — Chapter  30. 

[November  Session,  ch.  8.] 

AN  ACT  TO  ESTABLISH  A  CORPORATION   BY  THE   NAME   OF   THE 
TRUSTEES   OF   THE   MARBLEHEAD   ACADEMY. 

Whereas  a  suitable  niirnber  of  Academies  within  this 
Commomvealth  for  the  education  of  youth  are  of  common 
benefit,  and  it  appears  that  a  tract  of  land  with  a  building 
thereon  suitable  for  an  Academy,  and  with  other  requisite 
advantages  for  the  support  tJiereof,  have  been  provided  in 
Marblehead. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
in  General  Court  assembled  and  by  the  authority  of  the  same, 
that  Samuel  Sewall,  Robert  Hooper,  Samuel  Hooper,  Wil- 
liam Raymond  Lee,  Elisha  Story,  Samuel  Russell  Trevett, 
John  Humphreys,  John  Goodwin,  Marston  Watson,  Rich- 
ard Homan,  Joseph  Sewall,  Samuel  Bartoll,  John  Dixey, 
Richard  Pedrick,  Ebenezer  Graves  and  Burrill  Devereux, 
with  all  others  who  have  or  shall  become  benefactors  to 
the  Academy  which  has  been  instituted  in  Marblehead  in 
the  County  of  Essex  by  any  gift  or  donation  which  shall 
be  accepted  by  the  Trustees  for  the  time  being,  and  also 


Acts,  1792.  —  Chapter  30.  55 

the  Preceptor  of  the  said  Academy  by  virtue  of  his  office 
are  &  shall  be  hereby  established  and  made  a  body  politic 
and  corporate  by  the  name  of  the  Trustees  of  the  Marble- 
head  Academy,  and  they  &  the  survivors  of  them,  and  their 
successors  to  be  appointed  as  herein  after  is  provided,  shall 
be  and  continue  a  body  politic  &  corporate  by  the  same 
name  forever,  and  by  that  name  the  said  Corporation  may 
sue  and  shall  be  liable  to  be  sued  and  shall  have  power  by  Their  power. 
their  officers,  Agents  or  Attornies  to  prosecute  and  defend 
in  all  actions,  real,  personal  &  mixed,  untill  final  judgment 
execution  and  satisfaction  :  And  the  said  Corporation  shall  common  seal. 
have  and  use  a  common  seal,  which  they  may  break,  alter 
and  renew  at  their  pleasure  :  Provided  that  when  any  per-  Proviso. 
son  shall  decline  to  serve  as  a  Trustee  and  such  resignation 
shall  be  recorded  by  the  said  Corporation,  his  place  shall 
be  deemed  vacant. 

And  be  it  farther  enacted  hy  the  authority  aforesaid,  that  specified  lands 
a  tract  of  land  conveyed  by  William  Burgess,  and  the  ad-  the  corporation. 
joining  tract  conveyed  by  Oliver  Peabody  and  Frances  his 
wife  to  the  said  Marston  Watson  and  several  others  before 
named,  situate  in  said  Marblehead,  also  the  building  called 
the  Academy  erected  thereon,  and  the  previledges  and 
appurtenances  thereof  being  now  the  property  of  the  said 
Trustees  above  named  shall  be  deemed  and  taken  to  be 
the  property  of  the  said  Corporation,  who  likewise  are,  & 
shall  be  capable  in  law  to  take  and  receive  by  gift,  grant,  corporation ca- 

i     _  ^  «/    o        '   o  '   pable  in  law  to 

baro-ain,  devise  or  otherwise  any  lands  tenements  or  other  receive  and  dis- 

*-;  1      r>  1  11  i:»   ii  1     •  pose  of  any  ea- 

estate  real  &  personal,  and  whereoi  the  annual  income  tate,  &c.  in  case. 
shall  not  exceed  the  sum  of  two  thousand  dollars  in  silver, 
to  have  and  to  hold  the  same  for  the  sole  trust  &  purpose 
of  supporting  an  academy  in  said  Marblehead  for  the  pro- 
motion of  piety  religion  &  morality  &  for  the  education 
of  youth  in  the  liberal  arts  and  sciences,  and  all  other 
useful  learning,  according  to  the  requisition  of  any  gift 
or  bequest  which  shall  be  made  to  the  said  Corporation, 
or  as  the  Trustees  for  the  time  being  shall  &  may  direct 
and  ordain :  And  the  said  Corporation  shall  have  full 
power  and  authority  to  lease  and  manage  their  lands,  tene- 
ments and  all  other  estate,  and  to  bargain  sell  and  dispose 
thereof  where  they  shall  not  be  restrained  by  the  terms  of 
any  gift  or  devise  ;  provided  that  for  the  sale  of  any  real  Proviso, 
estate  the  property  of  said  Corporation,  the  concurrence 
of  two  thirds  of  all  the  Trustees  for  the  time  being,  shall 
be  required  :  And  all  deeds  or  contracts  sealed  with  the 


56 


Acts,  1792.  —  Chapter  30. 


Power  of  the 
Corporation. 


Contracts  to  be   commoii  Seal  of  the  said  Corporation,  and  signed  hy  any 

m  ing.incaae.  ^Qj^g^.  thereof,  or  any  Trustee  pursuant  to  their  order, 

shall  be  valid  and  effectual  in  law  to  all  intents. 

A.Jid  be  it  further  enacted  hy  the  authority  aforesaid, 
that  the  said  Corporation  shall  have  power,  by  standing 
rules  or  otherwise  to  determine  the  times  and  places  of 
meeting,  the  manner  of  notifying  the  Trustees  and  the 
methods  of  proceeding  thereat,  also  to  elect  such  officers 
of  the  said  Corporation  as  they  shall  judge  necessary,  and 
to  appoint  and  provide  a  Preceptor  of  the  said  Academy, 
with  all  needful  Assistants,  &  to  determine  the  powers, 
duties  and  salaries  of  their  respective  officers,  and  to  as- 
certain the  qualifications  &  terms  of  admission  of  all 
Students  which  shall  be  received  at  the  said  Academy,  and 
to  make  and  ordain  all  other  reasonable  rules,  orders  & 
bye  laws,  with  penalties  or  without,  and  not  repugnant  to 
the  laws  of  this  Commonwealth,  as  well  for  the  good  gov- 
ernment  of  the  said  Corporation,  as  for  the  better  regula- 
tion of  the  said  Academy,  and  all  such  rules,  orders  & 
bye  laws  to  repeal. 

And  he  it  further  enacted  hy  the  authority  aforesaid. 
Further  power,  ^j^at  wlienevcr  the  number  of  the  Trustees  of  the  said 
Academy  shall  be  less  than  fifteen,  the  Trustees  for  the 
time  being  shall  have  power,  and  it  shall  be  their  duty  to 
nominate,  elect  &  appoint  other  suitable  persons  as  Trus- 
tees, untill  that  number  shall  be  compleat. 

And  he  it  further  enacted  hy  the  authority  aforesaid, 
that  the  Legislature  of  this  Commonwealth  may  from  time 
to  time  when,  &  in  such  manner  as  shall  ])e  thought  tit,  in- 
quire into  the  doings  of  the  said  Coi'poration  and  their 
performance  of  the  trusts  aforesaid,  and  upon  any  breach 
thereof;  or  other  sufficient  cause  to  the  said  Legislature 
upon  due  notice  to  the  said  Corporation  &,  a  full  hearing 
thereupon,  sufficiently  appearing,  may  annul  the  grant 
and  authorities  hereby  made,  or  such  part  thereof  as  the 
said  Legislature  shall  thereupon  determine :  Provided 
that  all  and  singular  the  estates  of  the  said  Corporation, 
shall  thereupon  revert  to  the  donors  thereof,  or  according 
to  any  limitation  in  any  grant  or  donation  made. 

Approved  November  17, 1792. 


Legislature  em- 
powered, with  a 


Proviso. 


Acts,  1792.  —  Chapters  31,  32.  57 

1792.  — Chapter  31. 

[January  Session,  ch.  1.] 

AN  ACT  IN  ADDITION  TO,  AND  FOR  AMENDING  AN  ACT  PASSED 
THE  NINTH  DAY  OF  JUNE  ONE  THOUSAND  SEVEN  HUNDRED 
AND  NINETY,  INTITLED,  "AN  ACT  FOR  INCORPORATING  THE 
SOUTHERLY  PART  OF  THE  TOWN  OF  PLYMPTON  IN  THE 
COUNTY  OF  PLYMOUTH  INTO  A  TOWN  BY  THE  NAME  OF 
CARVER." 

Whereas  disputes  have  arisen  respecting  the  dividing  Preamble. 
line  between  the  toums  of  Plympton  and  Carver;  for  pre- 
venting of  which  in  future, 

Be  it  enacted  by  the  8enate  and  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  authority  of 
the  same,  that  the  dividing  line  between  the  said  towns  ^g\^*^i^|J^°® 
of  Plympton  and  Carver  shall  be  the  same  line  that  is 
now  known  and  established,  as  the  dividing  line  between 
the  north  and  south  Precincts  in  said  town  when  they 
were  both  Plympton,  and  shall  forever  hereafter  be  so 
considered  and  understood. 

A2')proved  February  8,  1793. 


1793.  — Chapter  33. 

[January  Session,  ch.  2.] 

AN  ACT  FOR  ADMITTING  INHABITANTS  OF  TOWNS,  AND  CER- 
TAIN OTHER  CORPORATIONS,  TO  BE  WITNESSES  AS  WELL 
FOR  AS  AGAINST  SUCH  TOWNS  AND  CORPORATIONS,  IN  SUITS 
AT  LAW. 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authointy  of 
the  same,  that  in  all  suits  at  law,  whether  of  a  civil  or  inhabitants  and 

T  ,  1  T  J 1      J     1  ci^  members  of  So- 

criminal  nature,  now  depending,  or  that  hereaiter  may  cieties  admitted 
be  depending  in  any  Court,  or  before  any  Justice  of  the  \n^^T&i\&vf. 
Peace  within   this    Commonwealth,   wherein   any  Town, 
District,  Precinct  or  Parish,  or  other  religious  incorporate 
Society  is,  or  may  be  a  party,  or  interested  in  the  event 
of  the   suit ;  any  inhabitant  of  such  Town,  District,  Pre- 
cinct or  Parish,  or  member  of  such  other  religious  incor- 
porate Society,  shall  and  may  be  admitted  as  a  competent 
witness ;  and  his  deposition  may  be  used,  if  duly  taken, 
and  foi  legal  cause,  in  the  trial  of  the  cause  as  well  for 
as  against  such  town  or  other  Corporation,  provided  he  Proviso, 
hath  no  other  interest  therein,  than  as  an  inhabitant  or 


58  Acts,  1792.  —  Chapters  33,  34. 

member  of  such  town  or  other  Corporation,  and  is  not 
otherwise  legally  disqualified ;  any  law,  usage  or  custom 
to  the  contrary  notwithstanding. 

Ajjproved  February  13,  1793. 


Preamble. 


Former  Act 
suspended. 


1792.  — Chapter  33. 

[January  Session,  ch.  3.] 

AN  ACT  TO  SUSPEND  FOR  A  CERTAEST  TIME  AN  ACT  PASSED 
ON  THE  FOURTEENTH  DAY  OF  FEBRUARY  IN  THE  YEAR  OF 
OUR  LORD  ONE  THOUSAND  SEVEN  HUNDRED  AND  EIGHTY 
NINE,  INTITLED,  "  AN  ACT  FOR  LIMITING  THE  TIME  IN  WHICH 
SUITS  MAY  BE  PROSECUTED  AGAINST  EXECUTORS  AND  AD- 
MINISTRATORS; &  FOR  PERPETUATING  THE  EVIDENCE  OF 
NOTICES  GIVEN  BY  THEM,  AND  BY  GUARDIANS  AND  OTHERS, 
RESPECTING  THE  SALE   OF  REAL  ESTATE." 

Wliereas  the  operation  of  the  said  Act  and  of  another 
Act  in  addition  thereto  passed  on  the  fourteenth  of  Febru- 
ary One  thousand  seven  hundred  d'  ninety  tivo  may  defeat 
many  Creditors  iiidess  a  longer  time  is  alloived  for  com- 
mencing and  suing  actions  against  Executors  &  Admin- 
istrators. 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Court  assembled,  and  by  the  authority 
of  the  same,  that  the  said  Act  passed  on  the  fourteenth 
day  of  February  One  thousand  seven  hundred  and  eighty 
nine,  shall  be  so  far  suspended,  that  all  actions,  which  by 
the  Acts  herein  before  recited,  are  limited  so  as  they 
cannot  be  commenced  &  sued  for  after  the  fourteenth  day 
of  February  current,  shall  and  may  be  commenced  and 
sued  any  time  before  the  first  day  of  June  next,  any  thing 
in  the  said  Act  to  the  contrary  notwithstanding. 

Approved  February  14,  1793. 


Preamble. 


1792.  — Chapter  34. 

[January  Session,  ch.  4.] 

AN  ACT  REPEALING  IN  PART  A  CLAUSE  IN  AN  ACT  PASSED 
MARCH  THE  FIFTH  ONE  THOUSAND  SEVEN  HUNDRED  & 
EIGHTY  FIVE  INTITLED  "AN  ACT  FOR  INCORPORATING  THE 
PLANTATION  OF  SHAPLEIGH  IN  THE  COUNTY  OF  YORK  INTO 
A  TOWN  BY  THE  NAME  OF  SHAPLEIGH  "  AND  FOR  ANNEX- 
ING  CERTAIN  LANDS  TO  LEBANON, 

Wliereas  the  proprietors  of  a  certain  grant  or  parcell  of 
land  within  the  bounds  of  Shapleigh  and  known  by  the 


Acts,  1792.  —  Chapter  35.  59 

name  of  Woodman's  Grant  have  petitioned  this  Court  that 
the  said  tract  of  land  which  by  the  said  Act  is  annexed  to 
the  toivn  of  Xe6a?i[n]o?i  may  be  annexed  to  the  town  of 
Shapleigh  : 

Be  it  therefore  enacted  by   the   Senate  and  House  of 
Rejjresentatives  in    General    Court  assembled  and  by  the 
Authority  of  the  same,  that  the  clause  in  the  aforesaid  Act  for^^^'lc^t 
annexing  the  grant  of  land  laid  out  to  Woodman  Cook  &  repealed. 
Bagley  to  Lebanon  be  and  the  said  clause  is  hereby  re- 
pealed, so  far  as  it  relates  to  Woodman's  Grant  aforesaid. 

And  be  it  further  enacted  by  the  authority  aforesaid,  that  ^°°^"*°'^^ 

^  *j  */../'  ^      grant  annexea 

the  tract  of  land  granted  to  AVoodman  be  and  it  hereby  is  to  shapieigh, 

~  _  '1  with  a 

annexed  to  and  forever  hereafter  shall  be  considered  as 
a  part  of  and  belonging  to  the  Town  of  Shapleigh  any 
thino;  in  the  aforesaid  act  to  the  contrary  notwithstandino- : 
Provided  nevertheless,  that  the  inhabitants  on  Woodman's  Proviso. 
Grant  aforesaid  shall  be  held  to  pay  all  taxes  heretofore 
assessed  on  them  by  the  Town  of  Lebanon. 

Apjiroved  February  14,  1793. 


1792.  — Chapter  35. 

[January  Session,  ch.  5.] 

AN  ACT  IN  FURTHER  ADDITION  TO  AN  ACT  INTITLED  "  AN 
ACT  FOR  INCORPORATING  CERTAIN  PERSONS  FOR  THE  PUR- 
POSE OF  BUILDING  A  BRIDGE  OVER  MERRIMACK  RIVER  IN 
THE  COUNTY  OF  ESSEX;  AND   FOR  SUPPORTING  THE   SAME." 

Whereas  the  Proprietors  of  Essex  Merrimack  Bridge  preamble. 
have  represented  to  this  Court  that,  the  said  Bridge  has 
been  much  more  expensive  than  upon  calcidation  was  ex- 
pected; and  it  being  reasonable  to  grant  to  the  said  Pro- 
prietors some  further  benefit  than  in  said  Act  is  contained. 

Be  it  tJierefore  Enacted  by  the  Senate,  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  that  the  toll  in  and  by  the  said  Act  •^'"'tou  ex^"""' 
granted  and  established,  shall  continue  to  be  received  by  tended. 
the  said  proprietors  for  the  term  of  fifty  years  from  the 
day  of  the  first  opening  of  the  said  Bridge,  w^ithout  any 
interposition  of  the  Legislature  for  the  regulation  of  said 
toll  within  said  term,  as  in  said  Act  is  provided. 

Ajjproved  February  15,  1793. 


60 


Acts,  1792.  —  Chapters  36,  37. 


1793.  — Chapter  36. 

[January  Session,  ch.  6.] 

AN  ACT  TO  SET  OFF  JONATHAN  KIDDER  AND  OTHERS  FROM 
THE  TOWN  OF  SUTTON  IN  THE  COUNTY  OF  WORCESTER, 
AND   TO   ANNEX   THEM   TO    THE   TOAVN   OF   OXFORD. 

Be  it  enacted  hy  the  Senate,  and  House  of  Representatives 

in  General  Court  assembled,  and  by  the  authority  of  the 

Persons  set  off    game,    that    Jonathan    Kidder,    Samuel    Blanchard    and 

from  Sutton  4i-r>.  •inl- 

and annexed  to    Arthur  Dao-wet  with  all  their  estates  l)e,   &  they  hereby 

are  set  oti  from  the  town  of  Sutton,  &  annexed  to  the 
town  of  Oxford,  there  to  do  duty,  and  receive  priviledges 
equal  to  other  inhabitants  in  said  town  of  Oxford.  Pro- 
vided nevertheless,  that  the  said  Jonathan  Kidder  Samuel 
Blanchard  and  Arthur  Dagget  respectively  be  held  to  pay 
all  taxes  already  assessed  on  them  by  the  town  of  Sutton, 
in  the  same  manner  as  they  would  have  been  if  this  Act 
had  not  passed.  Approved  February  18,  1793. 


Oxford,  with  a 


Proviso. 


Persons  incor- 
porated 


1792.  — Chapter  37. 

[January  Session,  ch.  7.] 

AN  ACT  FOR  INCORPORATING  A  NUMBER  OF  THE  INHABITANTS 
OF  THE  TOWN  OF  HAVERHILL,  AND  OF  THE  NEIGHBOURING 
TOWNS  IN  THE  COUNTY  OF  ESSEX  INTO  A  DISTINCT  &  SEPA- 
RATE RELIGIOUS  SOCIETY. 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  Authority 
of  the  same,  Tiiat  William  Greenleaf,  John  Green,  John 
White,  James  Duncan,  James  Duncan  junr.  William 
Greenleaf  junr.  Leonard  White,  Thomas  Kummer,  Wil- 
liam Smiley,  Jonathan  Mooers,  Ebenezer  Wood,  Justin 
Kent,  Joseph  Atwood  junr.  Joseph  Peabody,  01)adiah 
Carleton,  Isaac  Cole,  Daniel  Thurston,  Eliphalet  Buck, 
Nathan  Baker,  Benjamin  Chase,  James  Greenleaf,  Joshua 
Page,  Samuel  Trask,  Joel  Harriman,  Jonathan  Sbepard, 
Elisha  Woodberry,  Benjamin  Mooers,  Kimball  Carleton, 
Daniel  Greenleaf,  James  Smiley,  Moses  Morss,  Samuel 
Merrill,  Ephraim  Corliss,  John  Emery,  David  Hobart, 
Matthew  Pettingell,  Abijah  Kelley,  Jeremiah  Fitz,  Rich- 
ard Hastings,  Richard  Bailey,  Abiah  Page,  Lewis  Bailey, 
Daniel  Bradley  junr.  Benjamin  Kimball,  John  Kezer  Gile, 
Joseph  Atwood,  Simon  Ayer,  Jonathan  Luskin,  Israel 
Carleton,    Joseph    Harriman,    William   Tapley,    Phineas 


Acts,  1792.  —  Chapter  37.  61 

Nichols,  Anthony  Kelley,  Thomas  Clark,  Nehemiah  Sar- 
gent, Enoch  Nichols,  John  Morss,  Isaac  Davis,  Samuel 
Farrington,  Nathan  Currier,  Nehemiah  Sargent  junr. 
Moses  Plummer,  Ebenr.  Farrington  junr.  Asa  Messor, 
James  Wilson,  Alpheus  Messer,  Nathaniel  Messer,  Eben- 
ezer  Messer,  Ebenezer  Messer  junr.  and  Jonathan  Cur- 
rier, Members  of  the  said  Religious  Society,  together  with 
their  Polls  and  Estates  be  and  they  are  hereby  incorpo- 
rated by  the  name  of  the  Baptist  Religious  Society  in  into  a  Baptist 
Haverhill  with  all  the  privilidges,  powers  and  immunities  Society. 
which  any  Parish  in  this  Commonwealth  is  by  Law  en- 
titled to. 

And  be  it  further  Unacted  hy  the  Authority  aforesaid. 
That  any  and  every  person  in  the  Town  of  Haverhill  and  f^i" soc^e°ty  to^ 
in  the  neis^hbourinor  Towns,  in  said  County  of  Essex,  who  give  notice 
may  at  any  time  hereafter  actually  become  a  jNIember  of 
and  unite  in  Religious  Worship  with  said  Society  in  said 
Haverhill  and  give  in  his  or  her  name  to  the  Clerk  of  the 
Parish  to  which  he  or  she  belonged  with  a  Certificate  signed 
by  the  Minister  or  Clerk  of  said  Society  that  he  or  she 
hath  actually  become  a  member  of  &  united  in  Religious 
Worship  with  said  Baptist  Religious  Society  in  Haverhill, 
fourteen  days  previous  to  the  Parish  Meeting  therein  to 
be  held  in  the  Month  of  March  or  April  annually,  shall, 
from  and  after  giving  such  certificate,  with  his  or  her 
Polls  and  Estates  be  considered  as  a  Member  of  said 
Society.  Provided  however  that  such  person  shall  be  ProviBo. 
held  to  pay  his  or  her  proportion  of  all  Monies  assessed 
or  voted  in  the  Parish  to  which  he  or  she  belonged  pre- 
vious to  that  time. 

A7id  be  it  farther  Enacted  by  the  Authority  aforesaid, 
that  when  any  Member  of  said  Society  shall  see  cause  to  Members  may 
leave  the  same,  and  unite  in  Relioious  Worship  with  any  s'^ociety, by 
other  Religious  Society  in  the  Town  or  Parish  in  which  he  g'^^^g  °°"<=«- 
or  she  may  live  and  shall  give  in  his  or  her  name  to  the 
Clerk  of  said  Baptist  Religious  Society,  with  a  Certificate 
Signed  by  the  Minister  or  Clerk  of  the  Parish  or  other  in- 
corporate Religious  Society  with  which  he  may  unite,  that 
he  hath  actually  become  a  Member  of  and  united  in  re- 
ligious worship  with  such  other  Parish  or  other  incor- 
porate Religious  Society,  fourteen  days  previous  to  their 
annual  Meeting  in  March  or  April,  and  shall  pay  his  or 
her  proportion  of  all  Monies  Voted  in  said  Society  to  be 
raised  previous  thereto,  shall  from  and  after  giving  such 


62 


Acts,  1792.  —  Chapter  38. 


Samuel  White, 
Esq.  to  issue 
a  Warrant. 


Certificate,  with  his  or  her  Polls  and  Estates,  be  consid- 
ered as  a  member  of  the  Society  to  which  he  or  she  hath 
80  united. 

And  be  it  farther  Enacted  hy  the  Authority  aforesaid. 
That  Samuel  White  Esqr.  be  and  he  is  hereby  authorized 
to  issue  his  Warrant  directed  to  some  principal  Member 
of  the  said  Society,  requiring  him  to  Warn  the  Members 
of  the  said  Society  qualified  to  Vote  in  Parish  Atiairs  to 
assemble  at  some  suitable  time  and  place  in  said  Town  of 
Haverhill,  to  chuse  such  Parish  Officers  as  are  by  Law  re- 
quired to  be  chosen  in  the  Month  of  March  or  April  an- 
nually, and  to  transact  all  matters  and  things  necessary  to 
be  done  in  said  Society.        Approved  February  18,  1793. 


Persons  set 
off  from 
Dartmouth 


and  annexed 
to  Westport, 
•with  a 


Proviso. 


1792.  — Chapter  38. 

[January  Session,  ch.  8.] 

AN  ACT  TO  SETT  OFF  WILLIAMS  ALLEN  &  OTHERS  FROM  THE 
TOWN  OF  DARTMOUTH  AND  ANNEX  THEM  TO  THE  TOWN  OF 
W^ESTPORT. 

Be  it  enacted  hy  the  Senate  (&  House  of  Represf^ntatives 
in  General  Court  assembled  and  by  the  Authority  of  the 
same  —  That  Williams  Allen,  Abner  Wilcox,  John  Cor- 
nell, Rustcomb  Kierby,  Ebenezer  Allen,  Warren  Gilford, 
Michael  Wainer,  David  Wing,  Prince  Wing,  Joseph 
Wing,  Edward  Wing  junr.,  Peleg  White,  Jonathan  Rus- 
sell, David  Soule,  Jol?  Sisson,  Job  Earl,  Joshua  Earl, 
Richard  Kierby,  Jonathan  Tawlman  junr.  Job  Anthony, 
Henry  Brightman,  Ellis  Brightman,  Peleg  Cornell  Thomas 
Cornell,  Isaac  Tripp,  James  Tripp  junr.,  George  Brownell 
the  third,  Isaac  Cory,  Jonathan  Potter,  John  Howland, 
John  Cornell,  Job  Lawton,  David  Lawton,  John  Lawton, 
Adam  Lawton,  Richard  Lawton  &  George  Lawton  junr. 
with  their  respective  families  and  estates  lying  within  the 
boundary  line  of  the  Town  of  Westport  in  the  County  of 
Bristol  having  been  annexed  to  the  Town  of  Dartmouth 
be  and  they  hereby  arc  set  otf  from  the  said  Town  of 
Dartmouth  &  annexed  to  the  said  Town  of  Westport  with 
all  the  privilidges  &  immunities  of  other  Inhabitants  of 
said  Town  of  Westport. 

Provided  nevertheless  that  the  said  Williams  Allen,  & 
others  herein  before  named  shall  be  holden  to  pay  all 
Taxes  assessed  against  them  in  said  Town  of  Dartmouth, 


Acts,  1792.  —  Chapter  39.  63 

prior  to  the  passing  this  Act  in  the  same  way,  &  manner, 
they  were  before  holden  to  pay  the  same,  any  thing  in  this 
Act  to  the  contrary  notwithstanding. 

Ajyjyroved  February  25,  1793. 

1793.  — Chapter  39. 

[January  Seasion,  ch.  9.] 

AN  ACT  EST  ADDITION  TO  AN  ACT  INTITLED  "AN  ACT  INCOR- 
PORATING THE  HONORABLE  JOHN  WORTHINGTON  ESQR.  AND 
OTHERS  THEREIN  NAMED,  FOR  THE  PURPOSE  OF  RENDER- 
ING CONNECTICUT  RIVER  PASSABLE  FOR  BOATS  AND  OTHER 
THINGS  FROM  THE  MOUTH  OF  CHICKAPEE  RIVER  NORTH- 
WARD THROUGHOUT  THIS  COMMONWEALTH  BY  THE  NAME 
OF  THE  PROPRIETORS  OF  THE  LOCKS  AND  CANALS  ON  CON- 
NECTICUT RIVER." 

Whe7'eas  it  will  be  necessary  for  the  Corporation  named  Preamble. 
in  the  above  mentioned  act,  to  raise  large  sums  of  money  to 
erect  said  Locks  and  Canals,  and  to  compleat  the  purposes 
of  their  institution. 

Be  it  therefore  Enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same  that,  the  said  Corporation  be,  and  corporation 

,  II  ji'ii  -i  I     authorized  to 

they  are  hereby  authorized  and  empowered  to  assess  such  assess  money, 
sums   of  money  from  time  to  time,   on  the  Proprietors 
named  in  said  Act  respectively,  or  on  their  shares,  or  the 
shares  of  their  assignees  respectively,  as  they  shall  deem 
necessary  for  carrying  on  and  compleating  the  works  afore- 
said :  And  the  monies  so  assessed,  shall  be  paid  into  the 
Treasury  of  said  Corporation,  and  if  any  of  the  said  pro- 
prietors  or  owners  of  shares  in  said  Locks  and  Canals 
shall  neglect  to  pay  to  the  Treasurer  of  said  Corporation, 
his  proportion  of  a  tax  so  assessed  for  the  term  of  thirty 
days  after  notice  is  given  of  such  tax  in  two  of  the  News 
papers  published  in  the  County  of  Hamjjshire,  the  said 
Treasurer  is  hereby  authorized  to  sell  at  public  auction  and  in  case  of 
the  right  and  interest,  share  or  shares  of  such  delinquent  seuthe^shYres" 
Proprietor ;  and  if  the  right  or  share  so  sold  shall  sell  for 
more  than  the  tax  thereon,  w^ith  the  incidental  charges, 
the  overplus  shall  be  returned  to  the  owmer  on  demand. 
And  the  said  Treasurer  at  the  time  he  shall  give  notice  of  first  giving 
the  tax  aforesaid,  shall  also  give  notice  of  the  time  and  delinquent. 
place  of  the  sales  aforesaid  in  case  of  delinquency  ;  And  he 
shall  give  the  purchaser  a  certificate  of  the  right  or  shares 
sold  to  him  as  aforesaid,  which  certificate  shall  be   re- 


64: 


Acts,  1792.  —  Chapter  40. 


Shares  trans- 
ferable. 


Clerk  to  be 
sworn. 


Corporation 
impowered, 
with  a 


Proviso. 


May  have  a 
Common  Seal. 


Shares  to  be 
deemed  per- 
sonal estate. 


corded  by  the  Clerk  of  said  Proprietors,  in  a  Book  to  be 
kept  for  the  purpose,  and  shall  entitle  such  purchaser  his 
heirs  and  assigns,  to  all  the  interest  and  benefit,  which  the 
original  Proprietor  had  therein,  and  shall  subject  him  and 
them  to  all  the  rules  and  regulations  of  the  Corporation. 

Be  it  enacted  that  the  right  and  share  of  any  Proprietor 
in  the  said  Locks  and  Canals  may  be  transfered  by  deed 
acknowledged,  and  recorded  by  the  Clerk  of  the  Proprie- 
tors in  the  Book  aforesaid  :  And  the  Clerk  shall  be  sworn 
faithfully  to  execute  all  the  duties  of  his  office. 

Be  it  further  enacted  that  the  said  Corporation  be,  and 
they  are  hereby  impowered  to  establish  such  rules,  regu- 
lations and  bye  laws,  as  they  shall  deem  necessary  and 
convenient  for  the  good  Government  of  said  Corporation  ; 
and  to  annex  such  tines  for  a  breach  thereof  as  they  shall 
judge  proper,  not  exceeding  three  pounds  for  any  one 
ofience.  Provided  such  rules,  regulations  and  bye  laws, 
shall  not  be  repugnant  to  the  Constitution  and  Laws  of 
this  Commonwealth. 

Be  it  farther  Enacted,  that  the  said  Corporation  be,  and 
they  are  hereby  impowered  to  have  &  use  a  Common  Seal, 
and  the  same  at  pleasure  to  break,  alter  or  renew. 

Be  it  further  Enacted  that,  the  right,  title  and  property 
of  the  said  Corporation,  and  of  each  individual  thereof,  in 
said  Locks  and  Canals,  and  their  appurtenances  be,  and 
the  same  is  hereby  declared  to  be  personal  estate  to  all 
intents  and  purposes  whatsoever. 

Approved  February  25,  1 793. 


Persons  set  off 
from  Groton, 


1792.  — Chapter  40. 

[January  Session,  ch.  10.] 

AN  ACT  TO  SET  OFF  CALEB  WOODS  AND  OTHERS  FROM  GROTON, 
AND  TO  ANNEX  THEM  TO  DUNSTABLE. 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of 
the  same,  that  Caleb  Woods,  Silas  Blood,  Amaziah  Swal- 
low, Nathaniel  Cummings,  Ebenezer  Procter,  Silas  Blood 
junr.  Silas  Marshall,  Levi  Parker,  Amos  Woods,  Isaac 
Lawrence,  Peter  Blood,  Caleb  Blood  junr.  Henry  Blood, 
Caleb  Woods  junr.  and  Silas  Marshall  junr.  together  with 
their  families  and  estates,  and  also  the  estates  of  Doctor 
Jonas  Marshall,  the  heirs  of  Captain  Solomon  Woods  de- 
ceased, and  Joseph  Parkhurst  which  they  now  own  in  said 


Acts,  1792.  —  Chapteks  41,  42.  65 

Groton  be,  and  they  are  hereby  set  off  from  the  town  of  foDun^tfwe. 
Groton  in  the  County  of  Middlesex,  &  annexed  to  Dun- 
stable in  said  County,  and  shall  hereafter  be  considered  a 
part  of  the  same,  there  to  do  duty  and  receive  priviledges 
as  the  other  inhabitants  of  said  Dunstable.  Provided  P'°^«°- 
nevertheless  that  the  persons  abovementioned  shall  pay  all 
taxes  that  have  been  legally  assessed  on  them  by  said 
Groton,  in  the  same  manner  as  if  this  Act  had  never  been 
passed.  Ajyproved  February  23,  1793. 

1793.  — Chapter  41. 

[January  Session,  ch.  11.] 

AN  ACT  FOR  GIVING  LIBERTY  TO  PLEAD  THE  GENERAL  ISSUE 
AND  GIVE  THE  SPECIAL  MATTER  IN  EVIDENCE  IN  CERTAIN 
CASES. 

Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  hy  the  authority  of 
the  same,  that  in  all  actions  now  depending,  or  that  may  Generaiissne 
be  hereafter  depending  in  any  Court  within  this  Common-  in  certain  cases, 
wealth,  wherein  the  Defence  intended  to  be  set  up  by  the 
Defendant,  is,  or  may  be,  that  he  was  a  Justice  of  the 
Peace,  Sheriff,  Deputy  Sheriff  or  Coroner,  or  a  Town, 
District,  Precinct  or  Parish  Officer,  or  some  other  Officer 
civil  or  military,  and  that  the  act  or  thing  for  which  he  is, 
or  may  be  sued,  is  or  may  be  any  act  or  thing  done  by 
him,  by  virtue,  or  in  the  execution  of  his  office,  the  De- 
fendant may  plead  the  general  issue,  and  give  the  special 
matter  in  evidence,  upon  filing  in  the  cause  a  brief  state- 
ment of  such  special  matter  of  defence,  within  such  time 
as  the  Court  shall  order,  of  which  statement  the  Plaintiff 
shall  be  entitled  to  a  copy,  or  he  may  plead  specially  at 
his  election.  Ai^proved  February  23,  1793. 

1793.  — Chapter  43. 

[January  Session,  ch.  14.] 

AN  ACT  FOR  ALTERING  THE  TIME  OF  HOLDING  THE  COURT  OF 
GENERAL  SESSIONS  OF  THE  PEACE  AND  THE  COURT  OF 
COMMON  PLEAS  WITHIN  AND  FOR  THE  COUNTY  OF  WORCES- 
TER, FROM  THE  TUESDAY  NEXT  PRECEEDING  THE  LAST 
TUESDAY  OF  MARCH  TO  THE  FOURTH  TUESDAY  OF  MARCH. 

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


Time  altered. 


66  Acts,  1792.  —  Chapter  43. 

fe^'e'afeV'  <Ae  Same,  that  the  Act  entitled  An  Act  for  determining  at 
what  times  &  places  the  several  Courts  of  General  Ses- 
sions of  the  peace  and  the  Courts  of  Common  Pleas  shall 
be  holden  within  &  for  the  several  Counties  within  this 
Commonwealth,  and  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  Worces- 
ter on  the  Tuesday  next  pre  [e  J  ceding  the  last  Tuesday  of 
March,  be  and  it  is  hereby  repealed. 

And  be  it  further  enacted  by  the  Authority  aforesaid, 
that  from  and  after  the  passing  this  Act,  the  time  of  hold- 
ing the  Court  of  General  Sessions  of  the  Peace  and  Court 
of  Common  Pleas,  within  and  for  the  County  of  Worces- 
ter, shall  be  on  the  fourth  Tuesday  of  March  annually. 
And  be  it  further  enacted  by  the  Authority  aforesaid 
made*V*eturn^bie  that  all  appeals  already  made,  recognizances  taken,  or 
thereto.  ^\^2it  may  before  the  aforesaid  Tuesday  next  preceding  the 

last  Tuesday  of  March  next,  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  be  returnable  before 
the  aforesaid  Tuesday  next  preceding  the  last  Tuesday 
of  March  next,  and  all  appeals  claimed  or  which  may  be 
claimed  and  all  actions  pending  at  the  aforesaid  Court  of 
Common  Pleas  which  before  the  passing  of  this  act  was  to 
have  been  holden  on  the  Tuesday  next  preceding  the  last 
Tuesday  of  March  next,  shall  be  returnable  to,  entered, 
made,  proceeded  on,  tried  and  determined  agreeably  to 
the  true  intent  of  such  writ,  process,  recognizance  or 
appeal  at  the  Court  to  be  holden  in  said  County  on  the 
fourth  Tuesday  of  March  next. 

Ap2)roved  March  2,  1793. 


1793.  — Chapter  43. 

[January  Session,  ch.  12.] 

AN  ACT  FOR  SETTING  OFF  ELIJAH  WHITNEY  FROM  THE  TOWN 
OF  SHREWSBURY  IN  THE  COUNTY  OF  WORCESTER,  AND 
ANNEXING  HIM  TO  THE  TOWN  OF  WESTBOROUGH  IN  THE 
SAME  COUNTY. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
Eiijah  Whitney  tives  iu  General  Court  assembled,  &  by  the  authority  of 
Shrewsbury,      the   Same,  that   Elijah  Whitney  of  Shrewsbury,   in   the 


Acts,  1792.  —  Chapter  44.  67 


County  of  Worcester,  with  his  lands  and  buildings  be,  and 

they  hereby  are  set  ofi'  from  the  said  town  of  Shrewsbury, 

and  annexed  to  the  town  of  Westborough  in  the  same  and  annexed  to 

County  ;  and  forever  hereafter  shall  be  considered  as  be-  with  a^''°"^  ' 

lonaino-  to,  and  makins^  part  of  the  said  town  of  West- 

borough,  there  to  do  duty,  and  receive  priviledges  equal  to 

other  inhabitants  in  said  town. 

Provided  nevertheless  that,  the  said  Elijah  Whitney  be  Proviso, 
held  to  pay  all  taxes  already  assessed  on  him,. or  his  said 
lands  by  the  town  of  Shrewsbury  in  the  same  manner  as 
he  would  have  been  if  this  Act  had  not  passed. 

Ajyproved  March  2,  1793. 


1793.  — Chapter  44. 

[January  Seseion,  ch.  13.] 

AN  ACT  TO  ENABLE  THE  TOWN  OF  NEAVBURY  TO  REGULATE 
AND  ORDER  THE  TAKING  OF  FISH  CALLED  SHAD,  BASS  AND 
ALEWIVES  IN  THE  RIVER  PARKER,  WITHIN  THE  LIMITS  OF 
SAID  TOWN. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  cO  by  the  authority  of 
the  same,  that  from  and  after  the  publication  of  this  Act  it  Manner  in 
shall,  and  may  be  lawful  for  the  inhaljitants  of  said  town  be  taken,%o'be^ 
of  Newbury  at  their  annual  meeting  in  March  or  April,  To'wn  ci'e^k!^*^ 
during  the  continuance  of  this  Act,  to  determine  and  order 
in  what  manner,  &  at  what  time  the  said  fish  called  Shad, 
Bass  and  Alewives  in  the  river  Parker  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,  Bass  and  Alewives,  in  the 
river  Parker  within  said  town  of  Newbury,  on  penalty, 
that  each  and  every  ofiender  against  the  same,  shall  forfeit  Forfeiture. 
and  pay  the  sum  of  twenty  shillings,  to  be  sued  for  &  re- 
covered before  any  Court  proper  to  try  the  same ;  one 
moiety  to  the  informer,  and  the  other  moiety  to  the  poor 
of  said  town  of  Newbury.  Approved  March  2,  1793. 


68 


Acts,  1792.  —  Chapters  45,  46. 


Preamble. 


Number  of 
TruBtees  to 
constitute  a 
quorum. 


1793.  — Chapter  45. 

[January  Seseion,  ch.  15.] 

AN  ACT  IN  ADDITION  TO  AN  ACT,  INTITLED  "AN  ACT  TO 
ESTABLISH  AN  ACADEMY  IN  THE  TOWN  OF  HALLOWELL  BY 
THE  NAME   OF  HALLOWELL  ACADEMY." 

Whei^eas  it  is  represented  to  the  General  Court,  that  an 
inconvenience  has  arisen  on  account  of  the  distance  of  the 
Members  of  the  Corporation  or  Trustees  of  said  Academy 
from  each  other,  it  having  been  found  difficult  to  obtain  a 
meeting  of  a  majority  of  all  the  members  of  said  Corpora- 
tion to  transact  the  necessary  business  of  the  said  Academy : 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Court  assembled  and  by  the  author- 
ity of  the  same,  that  from  and  after  the  passing  of  this  Act, 
seven  or  more  of  the  Trustees  of  the  said  Academy  present 
at  any  meeting  of  the  Trustees,  shall  constitute  a  quorum 
to  transact  all  the  business  of  the  said  Academy  ;  the  trans- 
action of  which,  by  the  Act  establishing  said  Academy 
required  the  presence  of  a  majority  of  the  whole,  provided 
all  the  members,  shall  have  been  duly  notified  of  such 
meeting,  excepting  in  the  question  of  a  removal  of  the 
Academy,  which  shall  require  two  thirds  of  all  the  Mem- 
bers comformably  to  the  Act  to  which  this  is  an  addition. 

Ajjproved  March  2,  1793. 


G-ore  of  Land 
annexed. 


1792.  — Chapter  46. 

[January  Session,  ch.  16.] 

AN  ACT  TO  ANNEX  A  CERTAIN  GORE  OF  LAND  TO  THE  TOWN 
OF  WEST  STOCKBRIDGE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
in  General  Court  assembled  and  by  the  Authority  of  the 
same  that  a  Gore  of  Land  lying  west  of  the  Town  of  West 
Stockbridge  between  the  said  Town  and  the  East  line  of 
the  State  of  New  York  &  bounding  South  on  the  north 
line  of  the  Town  of  Alford  together  with  all  the  Inhab- 
itants living  on  said  Gore  of  Land  be  and  hereby  are 
annexed  to  the  said  Town  of  West  Stockbridge  ;  and  the 
said  Inhabitants  living  on  said  Gore  of  Land  shall  do  the 
same  Duties  and  receive  the  same  Privilidges  as  other 
Inhabitants  of  said  Town.  Approved  March  2,  1793. 


Acts,  1792.  —  Chapters  47,  48.  69 

179^.  — Chapter  47. 

[January  Session,  ch.  19.] 
AN  ACT  FOR  NATURALIZING   GEORGE  WILLIAM  ERVING. 

Whereas  George  William  Erving  hath  peiitioyied  the 
General  Court  that  he  riiay  be  naturalized,  &  thereby 
become  intitled  to  all  the  rights  and  privilidges  of  a  free 
Citizen. 

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  George  William  Erving  taking  Geo.w. Erving, 
and  subscribing  the  oath  of  allegiance  to  this  Common- 
wealth and  the  oath  to  support  the  Constitution  of  the 
United  States  before  two  Justices  of  the  Peace  quorum 
unus,  shall  be  deemed  adjudged  and  taken  to  be  a  free 
citizen  of  this  Commonwealth  and  intitled  to  all  the  privi- 
lidges  and  immunities  of  a  citizen. 

And  be  it  further  enacted  that  the  Justices  before  whom  —to  subscribe 
the   said    George   William   Erving   shall  take   and   sub-*^^°*'^- 
scril)e  the  said  Oath  shall  return  a  certificate  of  the  same 
into  the  Secretary's  Office  that  it  may  be  there  recorded. 

Approved  March  9,  1793. 

1793.  — Chapter  48. 

[January  Session,  ch.  18.] 

AN  ACT  IN  ADDITION  TO  AN  ACT,  INTITLED  "AN  ACT  TO  IN- 
CORPORATE THE  PLANTATION  NUMBER  SEVEN,  SO  CALLED 
IN  THE  COUNTY  OF  HAMPSHIRE  INTO  A  TOWN  BY  THE 
NAME   OF  HAWLEY." 

Whereas  by  the  Act  aforesaid  for  incorporating  said  new  Preamble. 
Plantation  N'limber  Seven  into  a  toivn,  passed  the  fifth  day 
of  February,  One  thousand  seven  hundred  and  ninety  tivo, 
a  small  part  of  said  Plantation  on  the  west  side  thereof 
which  lyeth  in  the  County  of  Berkshire,  was  through  inad- 
vertence omitted,  and  not  included  ivithin  the  limits  of  said 
town,  tvhich  will  be  very  prejudicial  to  the  p)roprietors 
and  owners  thereof:  And  whereas  it  will  be  convenient 
and  beneficial  for  the  proprietors  and  inhabitants  thereof, 
that  the  ivhole  of  said  towji  should  lie  in  the  County  of 
Hampshire. 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Court  asse7nbled,  &  by  the  author- 


70 


Acts,  1792.  —  Chapter  49. 


Plantation 
incorporated. 


Bonndariee. 


ity  of  the  same,  that  the  whole  of  said  Plantation  Number 
Seven  be  included  in  the  said  town  of  Hawley  &  that  the 
west  line  of  said  town  of  Hawley  be  extended  so  far  west- 
ward into  the  County  of  Berkshire,  as  to  comprehend  the 
same  Plantation ;  and  that  the  said  west  line  henceforth 
be  as  follows,  to  wit,  beginning  at  a  tree  marked  with 
a  heap  of  stones  about  it,  being  the  southwest  corner  of 
said  Plantation  Number  seven,  and  extending  thence  in  a 
strait  line  to  the  northwest  corner  thereof,  being  also  a 
tree  marked  with  a  heap  of  stones  about  it. 

And  be  it  further  enacted  that,  the  whole  of  the  said 
town  of  Hawley  be  annexed  to,  and  be  part  of  the  said 
County  of  Hampshire.  Approved  March  9,  1793. 


Randolph 
incorporated. 


—  To  pay 
arrears  of  taxes. 


1792.— Chapter  49. 

[January  Session,  oh.  20.] 

AN  ACT  FOR  INCORPORATING  THE  SOUTH  PRECINCT  OF  THE 
TOAVN  OF  BRAINTREE  IN  THE  COUNTY  OF  SUFFOLK,  INTO  A 
SEPARATE  TOWN  BY  THE  NAME  OF  RANDOLPH. 

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  comprised  within  the  South 
Precinct  in  Braintree  as  the  same  is  now  bounded,  with 
the  Inhabitants  dwelling  thereon,  be  and  they  hereby  are 
incorporated  into  a  Town  by  the  name  of  Randolph  ;  and 
the  said  Town  of  Randolph  is  hereby  invested  with  all  the 
powers  privilidges  and  immunities  to  which  Towns  within 
this  Commonwealth  are  or  may  be  intitled,  agreeably  to 
the  Constitution  and  Laws  of  the  said  Commonwealth. 

Be  it  further  enacted  by  the  Authority  aforesaid  that 
the  Inhabitants  of  the  said  Town  of  Randolph,  shall  pay 
all  the  arrears  of  Taxes  which  have  been  assessed  upon 
them  by  the  Town  of  Braintree  and  shall  support  any 
poor  person  or  persons  who  have  heretofore  been  or  now 
are  Inhabitants  of  that  part  of  Braintree  which  is  hereby 
incorporated  and  are  or  may  become  chargeable,  and  who 
shall  not  have  obtained  a  settlement  els  [e]  where  when  they 
may  become  chargeable  ;  and  such  poor  person  or  persons 
may  be  returned  to  the  Town  of  Randolph  in  the  same 
way  and  manner  that  Paupers  may  by  Law  be  returned 
to  the  Town  or  District  to  which  they  belong.  And  the 
Inhabitants  of  the  said  Town  of  Randolph  shall  pay  their 
proportion  of  all  Debts  now  due  from  the  Town  of  Brain- 


Acts,  1792.  —  Chapter  50.  71 

tree  and  shall  be  entitled  to  receive  their  proportion  of 
all  debts  and  monies  now  due  to  the  said  Town  of  Brain- 
tree  and  also  their  proportionable  part  of  all  other  prop- 
erty of  the  said  Town  of  Braintree  of  what  kind  or 
description  so  ever.  Provided  always,  that  the  lands  Proviso. 
belonging  to  the  said  Town  of  Braintree  for  the  purpose 
of  maintaining  Schools,  shall  be  divided  between  the  said 
Town  of  Braintree,  and  the  said  Town  of  Randolph  in 
the  same  proportion  as  they  were  respectively  assessed 
for  the  payment  of  the  last  State  Tax ; 

Provided  nevertheless  and  he  it  further  enacted  that  any  Proviso. 
of  the  Inhabitants  now  dwelling  within  the  bounds  of  said 
Town  of  Randolph  who  have  remonstrated  against  the 
division  of  the  Town  of  Braintree  and  who  may  be  de- 
sirous of  belonging  to  said  Town  of  Braintree,  shall  at 
any  time  within  Six  months  from  the  passing  of  this  Act 
by  returning  their  names  into  the  Secretary's  OfSce  and 
signifying  their  desire  of  belonging  to  said  Braintree  have 
that  privilidge,  and  shall  with  their  polls  and  estates, 
belong  to  and  be  a  part  of  said  Braintree,  by  paying  their 
proportion  of  all  Taxes  which  shall  have  been  laid  on  said 
Town  of  Randolph  previously  to  their  thus  returning 
their  names,  as  they  would  by  Law  have  been  holden  to 
pay  had  they  continued  to  be  a  part  of  the  Town  of  Ran- 
dolph. 

And  he  it  further  enacted  hy  the  Authority  aforesaid^ 
that  Samuel  Niles  Esqr.  be  and  he  is  hereby  authorized  |gq"toi?iie^' 
to  issue  his  Warrant  directed  to  some  principal  Inhabitant  ^'^  Warrant. 
of  the  said  Town  of  Randolph  requiring  him  to  warn  and 
give  notice  to  the  Inhabitants  of  the  said  Town,  to  assem- 
ble and  meet  at  some  suitable  time  and  place  in  the  said 
Town  of  Randolph  as  soon  as  conveniently  may  be,  to 
choose  all  such  Officers  as  Towns  are  required  to  choose 
at  their  annual  Town  meeting  in  the  Month  of  March  or 
April  annually.  Approved  March  9,  1793. 

1792.  — Chapter  50. 

[January  SeBsion,  ch.  21.] 

AN  ACT  IN  ADDITION  TO  AN  ACT,  ENTITLED,  "  AN  ACT  TO  IN- 
CORPORATE SUNDRY  PERSONS  BY  THE  NAME  OF  THE  PRESI- 
DENT &  DIRECTORS   OF  THE  UNION  BANK." 

Be  it  Enacted  hy  the  Senate  &  House  of  Representatives 
in  General  Court  Asse7nhled  &  by  the  Authority  of  the 


72 


Acts,  1792.  —  Chapter  50. 


Treasurer 
authorized  to 
subscribe. 


Provisos. 


Commonwealth 
to  receive 
interest. 


Treasurer 
appointed 
Director. 


Proviso. 


Treasurer  to 
deposit  monies 
in  the  Bank. 


same,  that  the  Treasurer  of  this  Commonwealth  be,  &  he 
hereby  is  authorized  &  directed  to  subscribe  in  behalf 
of  the  Commonwealth  Two  hundred  thousand  Dollars  in 
addition  to  the  capital  Stock  of  the  President  &  Directors 
of  the  Union  Bank  aforesaid ;  which  sum  so  subscribed 
shall  be  paid  into  the  Bank  aforesaid,  One  moiety  thereof 
at  the  time  of  subscribing  as  aforesaid,  &  one  fourth  part 
of  said  sum  on  or  before  the  first  day  of  June,  one  thou- 
sand seven  hundred  &  ninety  four,  &  the  other  fourth 
part  on  or  before  the  first  da}'^  of  June,  which  will  be  in  the 
year  one  thousand  seven  hundred  &  ninety  five,  which  when 
paid  as  aforesaid  shall  form  &  remain  part  of  the  Capital 
Stock  of  the  said  Union  Bank  during  the  continuance 
of  said  Corporation  ;  Provided,  that  the  Commonwealth 
may,  if  the  Legislature  shall  think  fit,  at  any  time  here- 
after during  the  existence  of  the  said  Bank  subscribe  a 
further  sum  of  Two  hundred  thousand  Dollars  for  the 
purposes  aforesaid,  &  provided  that  no  part  or  proportion 
of  the  sums  of  Money  so  ordered  to  be  subscribed,  or 
which  may  hereafter  be  ordered  by  the  Legislature  to  be 
subscribed  to  the  said  Union  Bank  in  behalf  of  the  Com- 
monwealth shall  be  loaned  on  Mortgage.  And  the  Com- 
monwealth shall  be  entitled  to  receive  out  of  the  interest 
&  profits  arising  from  the  said  Bank  a  sum  in  proportion 
to  their  actual  payments  of  the  sum  by  them  subscribed 
from  the  time  of  their  making  the  same. 

And  he  it  further  Enacted,  hy  the  authority  aforesaid, 
that  the  Treasurer  of  the  Commonwealth  for  the  time 
being,  shall  ex  officio  be  a  Director  of  the  said  Bank,  in 
addition  to  the  Directors  by  law  to  be  chosen  by  the 
Stockholders.  And  the  Directors  of  the  said  Bank  shall 
furnish  the  Legislature,  or,  in  their  recess,  the  Supreme 
Executive  with  a  statement  of  their  proceedings  when- 
ever, &  as  often  as  thereto  required  by  either. 

Provided  hoivever.  And  he  it  further  enacted,  by  the 
authority  aforesaid,  that  the  Legislature  shall  have  a  right 
hereafter  from  time  to  time  to  appoint  a  number  of  Direc- 
tors of  the  said  Bank  in  proportion  as  the  sum  paid  from 
the  Treasury  of  the  Commonwealth  shall  bear  to  the  whole 
amount  of  the  Stock  actually  paid  into  the  said  Bank,  if 
at  any  time  hereafter  they  shall  judge  fit  to  exercise  that 
right. 

And  he  it  further  Enacted  hy  the  authority  aforesaid, 
that  the  Treasurer  of  the  Commonwealth  be  &  he  hereby 
is  directed  to  deposit  all  Monies  belonging  to  the  Com- 


Acts,  1792.  —  Chapter  51.  73 

monwealth,  now  in  his  possession  or  controul,  &  all  such 
as  he  may  from  time  to  time  receive,  in  the  Vaults  of  the 
said  Union  Bank  for  safe  keeping,  except  such  sums  as 
may  be  necessary  for  immediate  use,  untill  the  further 
Order  of  the  General  Court. 

And  be  it  further  Enacted^  by  the  authority  aforesaid, 
that  the  property  of  any  Stockholder  in  said  Bank  &  his  ^l'^^^l^\^^ 
shares  therein,  shall  be  answerable  to  the  said  Corpora-  tobeBecurity 
tion  for  the  payment  of  all  bonds,  notes  or  other  demands  of'bond^^&c. 
which  the  said  Corporation  shall  have  against  such  Stock- 
holder, &  which  shall  have  been  given  or  accrued  to  said 
Corporation  previous  to  any  attachment  upon   the  said 
property  or  shares,  &  upon  the  sale  thereof  by  virtue  of 
any  execution  the  amount  then  due,  or  becoming  due  with 
a  proper  discount  for  any  anticipated  payment  upon  such 
bonds,  notes  or  demands  of  the  said  Corporation,  shall 
be  deducted  &  paid  to  them  from  the  proceeds  of  such 
sale  by  the  officer  making  the  same,  who  shall  be  account- 
able for  the  remainder  only  upon  such  Execution  to  the 
Creditor.  Ajyproved  March  9,  1793. 


1793.  — Chapter  51. 

[January  Session,  ch.  22.] 

AN  ACT  EMPOWERING  CHARLES  BARRETT  ESQR.  TO  ERECT 
LOCKS  AND  OPEN  A  NAVIGABLE  CANAL  FROM  THE  UPPER 
PART  OF  BARRETTSTOWN,  SO  CALLED,  IN  THE  COUNTY  OF 
LINCOLN  WITH  THE  SEA,  THROUGH  GEORGE'S  RIVER,  SO 
CALLED. 

Whereas  Charles  Barrett  esqr.  has  petitioned  this  Court  Preamble. 
for  leave  to  open  a  Canal  to  avoid  the  Falls  in  George^ s 
River,  so  called,  in  the  County  of  Lincoln;  and  whereas 
such  undertaki7igs  by  facilitating  the  means  of  communi- 
cation and  transportation  are  greatly  beneficial  to  the  trade 
of  the  Commonwealth ; 

Therefore,  Be  it  Enacted  by  the  Senate,  and  House  of 
Bepresentatives  in  General  Court  assetnbled,  and  by  the 
authority  of  the  same,  that  the  said  Charles  Barrett  of  ^g^^'e^,^*"®"' 
New  Ipswich  in  the  State  of  New  Hampshire  esqr.,  his  powered  to 
heirs  and  assigns  be,  and  they  hereby  are  authorized  and  "^^"^ 
empowered  within  the  term  of  six  years  from  the  passing 
of  this  Act  to  open  and  cut  a  navigable  Canal  from  the 
upper  part  of  Barrett's  town,  so  called,  in  the  said  County 
of  Lincoln,  beginning  at  the  distance  of  twenty  five  miles 
above  the  head  of  the  tide  in  George's  river,  so  called, 


74 


Acts,  1792.  —  Chapter  51. 


Proviso. 


Preamble. 


Persons  author- 
ized to  settle 
all  disputes 
respecting  the 
value  of  Lands. 


Proviso, 


in  the  County  aforesaid,  to  communicate  with  the  sea  at 
the  mouth  of  said  river,  and  for  the  purposes  aforesaid  to 
take,  use,  occupy,  possess  and  enjoy  in  fee  simple,  any 
land  or  water,  necessary  to  compleat  said  Canal,  from  the 
head  thereof  to  a  place  in  said  river  below  any  obstruc- 
tions to  the  navigation,  he  or  they  paying  therefor,  in 
manner  hereafter  prescribed.  — Provided  nevertheless,  that 
the  land  so  taken  shall  not  exceed  twenty  five  feet  on  each 
side  of  said  Canal  for  necessary  purposes. 

And  ivhereas  it  may  be  necessary  that  the  said  Barrett, 
his  heirs  or  assigns  mahe  use  of,  and  approipriate  the  lands 
or  other  property  of  private  persons; 

Be  it  further  enacted  by  the  authority  aforesaid;  that 
when  the  said  Barrett  his  heirs  or  assigns,  and  the  pro- 
prietors of  any  lands,  waters,  watercourses,  mills,  mill 
streams,  mill  dams  or  other  estates  for  the  purposes  afore- 
said, cannot  agree  upon  the  value  thereof,  nor  upon  some 
suitable  person  or  persons  to  appraise  the  same,  the  Jus- 
tices of  the  Supreme  Judicial  Court  are  hereby  authorized 
and  empowered  at  any  sessions  in  the  County  of  Hancock, 
upon  application  of  either  party,  after  due  notice  given,  to 
appoint  three  disinterested  freeholders  within  such  County, 
whose  appraizement  upon  oath,  being  returned  into  said 
Court,  &  by  them  accepted,  shall  be  final  between  the 
parties,  and  vest  the  estate  so  appraised,  in  the  said 
Barrett  his  heirs  and  assigns  forever.  Provided  never- 
theless, if  either  party  shall  be  dissatisfied  with  the  deter- 
mination of  the  appraizers,  appointed  as  aforesaid,  and 
shall  at  the  same  sessions  at  which  the  report  shall  be 
made,  or  at  the  next  session  of  the  said  Court  in  the  same 
County,  apply  to  the  Court  for  a  trial  by  Jury,  the  said 
Court  shall  have  power  to  determine  the  same  by  a  Jury, 
in  the  same  manner  that  other  causes  are  determined ; 
And  if  the  verdict  of  the  Jury  shall  not  give  to  the  party 
applying  a  larger  sum,  or  a  more  favorable  decision,  as 
the  case  may  be,  than  the  appraizers  appointed  as  afore- 
said, the  Court  shall  award  costs  against  the  party  apply- 
ing ;  but  if  the  last  decision  shall  be  more  favorable  to 
the  party  applying  than  the  decision  of  the  appraizers  the 
Court  shall  award  costs  against  the  party  not  applying : 
In  both  cases  the  judgment  shall  be  made  up  agreeably  to 
the  verdict,  or  report  of  the  Committee,  so  far  as  it  re- 
spects damage,  with  or  without  a  deduction  of  the  costs, 
as  the  case  may  require,  &  execution  shall  issue  accord- 


Acts,  1792.  —  Chapter  51.  75 

ingly ;  and  the  said  Charles  Barrett  his  heirs  or  assigns 
with  their  estates,  shall  be  liable  for  the  sums  awarded,  or 
recovered  as  aforesaid,  in  the  same  way  and  manner,  as 
individuals  in  common  cases  are  liable. 

And  be  it  further  enacted  by  the  authority  aforesaid 
that  the  Justices  of  the  Supreme  Judicial  Court,  upon  the  Justices  of 
application  of  the  Selectmen  of  any  town  through  which  the  ciafcoun  "  *' 
said  Canal  shall  pass,  be,  and  they  hereby  are  authorized  ^he^clse?*^  "^ 
and  empowered  to  appoint  three  disinterested  freeholders, 
who  shall  after  hearing  the  parties  determine  what  bridge 
or  bridges  shall  be  erected  across  said  Canal,  for  the  ac- 
commodation of  the  public,  where  the  said  Canal  crosses 
any  highways  ;  and  the  said  bridges  shall  be  erected,  in 
the  same  way  and  manner,  and  at  the  expence  of  the  same 
parties  who  would  by  law  have  been  obliged  to  erect  the 
same  :  Provided  however  that  all  extra  expenses  which  Proviso. 
may  be  incurred  in  erecting  and  supporting  such  bridge 
or  bridges,  and  which  would  not  have  been  incurred  if 
the  said  Canal  had  not  been  opened,  shall  be  defreyed  by 
the  said  Barrett,  his  heirs  and  assigns. 

And  be  it  further  enacted  by  the  authority  aforesaid  that  Ton  granted. 
a  toll  be,  and  hereby  is  granted  for  the  sole  benefit  of  the 
proprietor  or  proprietors  of  said  Canal,  in  the  manner, 
and  according  to  the  rates  following,  to  wit.  For  every  Rates  of  ton. 
ton  weight  which  shall  be  transported  in  boats  or  other 
vessels  through  the  Locks  and  Canals,  at  the  upper  falls 
in  said  river,  at  the  mouth  of  Senebec  pond,  so  called, 
the  sum  of  one  shilling  and  six  pence  :  —  For  every  thou- 
sand feet  of  boards  passing  through  the  same  Locks  and 
Canals,  the  sum  of  one  shilling  and  six  pence:  —  For 
plank  and  square  timber  passing  through  the  same  Locks 
&  Canals  &  for  all  other  lumber  floated  on  rafts  or  other- 
wise, through  the  same,  in  the  same  proportion,  &  ac- 
cording to  the  same  rates  above  mentioned  :  — For  every 
ton  weight  which  shall  be  transported  in  boats  or  vessels 
through  the  Locks  and  Canals,  by  the  lower  falls  in  said 
George's  river,  near  the  head  of  the  tide  in  said  river, 
the  sura  of  one  shilling  and  six  pence  :  —  For  every  thou- 
sand feet  of  boards  ;  and  in  the  same  proportion  for  plank 
and  square  timber,  &  every  other  species  of  lumber, 
whether  transported  on  rafts  or  otherwise,  passing  through 
the  last  mentioned  Locks  and  Canals,  the  sum  of  one 
shilling  &  six  pence  :  —  And  every  boat  or  other  vessel, 
not  loaded,  passing  through  said  Locks  and  Canals,  at 


76 


Acts,  1792.  —  Chapter  52. 


Charles  Barrett 
entitled  to  all 
the.profits. 


Interest  in  the 
Canal,  deemed 
personal  estate. 


Time  when 
toll  shall  be 
demanded. 


Proviso. 


either  of  said  places,  shall  pay  at  the  rate  of  one  shilling 
for  every  ton  weight  it  is  capable  of  conveying :  And  the 
said  toll  shall  be  paid  at  the  time  of  entering  said  Locks 
and  Canals. 

And  be  it  further  Enacted  hy  the  authority  aforesaid 
that  the  said  Charles  Barrett  shall  receive  said  toll,  and 
shall  possess  &  eiijo}^  the  emoluments  of  said  Canal, 
and  the  profits  thereof,  to  him,  his  heirs  and  assigns,  for 
the  term  of  seventy  years  from  the  passing  of  this  Act. 

And  be  it  further  Enacted  by  the  authority  aforesaid 
that  the  whole  interest,  right  or  estate  in  the  said  Canal, 
shall  be  deemed  and  considered  as  personal  estate,  to  all 
intents  and  purposes  whatever. 

And  be  it  further  Enacted  by  the  authority  aforesaid 
that  as  soon  as  the  said  Charles  Barrett,  his  heirs  or 
assigns  shall  have  compleated  the  Locks  and  Canals  by 
either  of  said  falls,  he  shall  be  entitled  to  demand  the 
toll  herein  provided,  according  to  the  rates  herein  estab- 
lished, upon  any  property  which  shall  be  transported 
through  the  same.  And  the  said  Charles  Barrett,  his 
heirs  or  assigns,  shall,  for  the  aforesaid  term  of  seventy 
years,  have  the  exclusive  right  of  making  Locks  and 
Canals  upon  the  said  river,  within  the  bounds  herein 
prescribed. 

Provided  7iev ertheless,  if  the  said  Charles  Barrett,  his 
heirs  or  assigns,  shall  not  within  six  years  from  the  pass- 
ing of  this  act,  complete  the  said  Canal,  so  as  that  the 
same  may  be  passed  with  rafts  and  boats  ;  or  if  after  the 
same  shall  be  completed,  and  before  the  expiration  of 
the  term  of  seventy  years,  he  or  they  shall  suifer  the 
Locks  and  Canals  aforesaid  to  be  out  of  repair,  so  as  that 
the  same  shall  not  be  })assable  as  aforesaid,  for  the  space 
of  two  years,  then,  and  in  either  of  those  cases,  this 
grant  and  act  shall  be  void,  and  the  said  Barrett,  his  heirs 
or  assigns,  shall  forfeit  all  his  or  their  right  to  the  bene- 
fits thereof.        ,  Approved  March  9,  1793. 


Preamble. 


1792.  — Chapter  52. 

[January  Session,  eh.  23.] 

AN  ACT  FOR  INCORPORATING  JONATHAN  DAVIS  &  OTHERS  FOR 
THE  PURPOSE  OF  BUILDING  A  BRIDGE  ACROSS  NEW  MEADOW 
RIVER. 

Whereas  application  hath  been  made  to  this  Court  for 
permission  to  build  a  Bridge  over  New  Meadow  River 


Acts,  1792.  —  Chapter  52.  77 

loJiich  7'iins  between  the  toivn  of  Brunsivick  in  the  County 
of  Cu7nberland,  S  the  town  of  Bath  in  the  County  of 
Lincoln,  at  or  near  Brown^s  ferry,  so  called;  and  it  ap- 
pearing that  a  Bridge  in  said  place  will  be  of  Publick 
Utility ; 

Be  it  therefore  Enacted  by  the  Senate  &  House  of  Rep- 
resentatives in  General  Court  Assembled,  &  by  the  Au- 
thority of  the  same.  That  Jonathan  Davis,  Jonathan  Davis  Persons  incor- 
junr.  Francis  Winter  &  John  Peterson,  esquires,  John  buudinga"^ 
Clarke,  &  William  Webb,  together  with  their  Associates  ^''^^^• 
&  those  who  shall  hereafter  Associate  with  them,  with 
their  heirs  &  Assigns  be,  &  hereby  are  constituted  a  Cor- 
poration &  body  Politic,  for  the  purpose  of  erecting  a 
Bridge  over  said  New  Meadow  River,  at  or  near  said 
Brown's  Ferry ;  and  that  for  the  purposes  of  reimbursing 
to  said  Jonathan  Davis  &  others  beforenamed,  their  Asso- 
ciates, their  heirs  &  assigns  the  money  to  be  expended  in 
building  &  supporting  said  Bridge  a  toll  be  &  hereby  is 
granted  &  established  for  the  sole  benefit  of  the  said  toii  granted. 
Jonathan  Davis  &  others  before  named,  their  Associates 
&  their  heirs  &  assigns  for  the  space  of  lifty  years  accord- 
ing to  the  rates  following,  vizt.  For  each  foot  Passenger,  Rates  of  toii. 
or  one  person  passing  two  pence  —  one  person  &  horse 
four  pence  —  single  horse  cart,  sled  or  sley  eight  pence 
—  sley  drawn  by  two  or  more  horses  ten  pence  —  single 
horse  chaise,  chair  or  sulkey  eight  pence  —  all  other  car- 
riages drawn  by  two  beasts  ten  pence  —  all  other  wheel 
carriages  drawn  by  more  than  two  beasts  one  shilling  — 
neat  cattle  &  horses  passing  said  Bridge  exclusive  of  those 
rode  on,  or  in  carriages  or  teams,  each  one  penny  one 
third — 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,  &  to  each  team  one  man  &  no  more  shall  be 
allowed  as  a  driver,  to  pass  free  from  payment  of  toll ;  &, 
the  toll  gatherer  shall  not  be  obliged  at  any  time  to  open 
the  gate  or  gates  for  any  passenger  or  passengers,  until 
he  is  paid  the  rate  or  toll  of  such  passenger  or  passengers  ; 
&  at  all  times  when  the  toll  gatherer  shall  not  attend  his 
duty,  the  gate  or  gates  shall  be  left  open,  So  no  toll  shall 
be  taken ;  And  the  said  Toll  shall  commence  on  the  first 
day  of  the  opening  said  Bridge  for  passengers,  &  shall 
continue  fifty  years. 


78 


Acts,  1792.  —  Chapter  53. 


Method  and 
materials  for 
Building. 


To  be  kept  in 
repair. 


Proviso. 


Sign  board  to 
be  erected. 


And  be  it  further  Enacted,  that  the  said  Bridge  shall 
be  well  built,  at  least  twenty  feet  wide,  of  good  &  suitable 
materials  <fe  well  covered  with  plank  &  timber  on  the  top, 
suitable  for  such  a  Bridge,  with  sufficient  rails  on  each 
side,  for  the  safety  of  Passengers.  And  the  Proprietors 
shall  keep  the  said  Bridge  in  good,  safe,  &  passable  re- 
pair for  fifty  years,  and  if  the  said  Proprietors  shall  un- 
reasonably refuse,  or  neglect  to  keep  said  Bridge  in  such 
safe  &  passable  repair  as  aforesaid,  on  such  refusal  or 
neglect  Ijeing  made  to  appear  to  the  Justices  of  the  Court 
of  General  Sessions  of  the  Peace  for  the  County  of  Lin- 
coln, it  shall  be  in  the  power  of  the  Justices  aforesaid, 
to  prohibit  &  forbid  the  Proprietors  aforesaid  from  receiv- 
ing any  toll  until  the  said  Bridge,  in  their  opinion,  shall 
be  put  in  safe  &  good  repair  —  Provided  neverth(-less,  that 
if  the  said  Proprietors  shall  not  within  four  years  from 
the  passing  this  Act  erect  &  compleat  the  said  Bridge  then 
this  Act  shall  be  null  &  void. 

And  be  it  further  Enacted  by  tJie  Authority  aforesaid, 
that  at  the  place  where  the  toll  shall  be  received,  there 
shall  be  erected  &  constantly  exposed  to  open  view  a 
sign  or  board  with  the  rates  of  toll  fairly  &  legibly  written 
thereon,  in  large  or  capital  Letters. 

Ap2:>roved  March  9,  1793. 


Time  altered 
for  holding 
Court  in  Esses. 


1793.  — Chapter  53. 

[January  Session,  ch.  24.] 

AN  ACT  FOR  ALTERING  THE  TIME  OF  HOLDING  THE  COURT  OF 
GENERAL  SESSIONS  OF .  THE  PEACE  AND  COURT  OF  COMMON 
PLEAS  NOW  HOLDEN  ON  THE  LAST  TUESDAY  OF  SEPTEM- 
BER ANNUALLY  IN  THE   COUNTY  OF  ESSEX. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  Authority  of 
ike  same,  that  the  Court  of  General  Sessions  of  the  peace 
and  Court  of  Common  Pleas  which  are  now  by  Law  to  be 
holden  at  Newbury  Port  within  and  for  the  County  of 
Essex  on  the  last  Tuesday  of  September  annually,  shall 
from  and  after  the  passing  of  this  Act  be  holden  at  New- 
bury Port  within  and  for  the  County  of  Essex  on  the  first 
Tuesday  of  October  annually,  any  law,  usage  or  custom 
to  the  contrary  notwithstanding. 

A'p'proved  March  12,  1793. 


Acts,  1792.  —  Chapter  54.  79 

1793.  —  Chapter  54. 

[January  Session,  ch.  25.] 

AN  ACT  TO  SET  OFF  ELEAZEE,  ROBBINS  AND  OTHERS  WITH  THEIR 
FAMILIES  AND  ESTATES  FROM  THE  TOWNS  OF  STOUGHTON 
AND  SHARON,  AND  TO  ANNEX  THEM  TO  THE  TOWN  OF  FOX- 
BOROUGH. 

Be  it  Enacted  by  the  Senate  arid  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  authority  of 
the  same,   that'Eleazer  Robbins,   Daniel  Morse,   Elisha  Persons  set  off 

__  ^,  -,  „  iTir  T  -r->,ii        ^^^  annexed  to 

Morse,  bolomon  Morse,  bamuel  Morse,  Isaac  rratt,  the  Foxborough. 
heirs  of  Joseph  Pratt,  AYidow  Mary  Patten,  David  Pat- 
ten, Ralph  Thompson,  Caleb  Atherton,  Els  Atherton, 
Abijah  Pratt,  and  Seth  Boyden  be,  and  they  hereby  are 
set  off  from  the  town  of  Stoughton,  and  annexed  to 
the  town  of  Foxborough  with  their  families  and  estates, 
to  do  duty  and  enjoy  privileges  in  said  town,  to  all  in- 
tents and  purposes.  Provided  nevertheless,  that  the  said  Proviso. 
Eleazer  Robbins  and  others  above  named  heretofore  be- 
longing to  the  said  town  of  Stoughton,  shall  pay  their 
proportion  of  the  debt  the  said  town  now  owes,  to  be 
computed  according  to  their  proportion  of  the  last  State 
tax ;  and  the  above  named  persons  sliall  receive  their 
proportion  of  all  the  public  monies  belonging  to  said 
town  of  Stoughton. 

And  be  it  further  enacted,  that  Shadrack  Winslow,  and  others  annexed 

-r\       •    1    -f-iT'ii  •   1        1      •       p        •!•  n  11        to  Foxborough. 

Daniel  vVilbore  with  their  lamilies  and  estates,  also  the 
lands  of  Leyi  Pratt,  Jesse  Pratt,  Benoni  Pratt,  Alexan- 
der Doby,  and  the  heirs  of  Jonathan  Wilbore  now  lying 
within  the  bounds  of  Sharon  and  Stoughton,  be  and 
hereby  are  set  off  from  the  town  of  Sharon  &  annexed  to 
the  town  of  Foxborough. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  dividing  line  between  the  northeasterly  part  of  Dividing  line. 
the  town  of  Foxborough,  and  the  southeasterly  part  of 
the  town  of  Sharon  for  the  future  shall  be  as  follows,  viz. 
beginning  at  the  southeasterly  corner  of  Deacon  Benja- 
min Fairbanks's  land,  then  running  southeasterly  to  the 
southwesterly  corner  of  Benjamin  White's  land,  then  turn- 
ing easterly  to  the  line  between  Captain  Josiah  Pratt's 
and  Benjamin  Hodge's  land,  hereby  leaving  all  the  lands 
to  the  said  town  of  Sharon  that  did  formerly  belong  to 
Joseph  Hewins  esqr.  deceased.  Provided  nevertheless, 
that  if  any  person  now  an  inhabitant  of  that  part  of  the 


80 


Acts,  1792.  —  Chapter  55, 


town  of  Stoughton  set  off  to  the  town  of  Foxborough 
shall  become  chargeable,  said  persons  shall  be  supported 
by  the  town  of  Foxborough.    Approved  March  12,  1793. 


Preamble. 


PerBons  to  be 
supported  by 
the  town  of 
Sterling. 


Proviso. 


Preamble. 


Dividing  line 
established. 


1793.  — Chapter  55. 

[January  Session,  oh.  26.] 

AN  ACT  IN  ADDITION  TO  AN  ACT  PASSED  IN  THE  YEAR  OF 
OUR  LORD  ONE  THOUSAND  SEVEN  HUNDRED  &  EIGHTY  ONE 
FOR  INCORPORATING  THE  SECOND  PRECINCT  IN  THE  TOWN 
OF  LANCASTER  INTO  A  TOWN  BY  THE  NAME  OF  STERLING. 

Whereas  disputes  have  arisen  between  the  Toions  of 
Lancaster  and  Sterling  both  in  the  County  of  Worcester 
respecting  the  support  of  such  persons  who  removed  from 
the  Toivn  of  Lancaster  before  the  said  Toivn  of  Sterling 
was  Incorporated  and  loho  have  since  or  hereafter  may 
become  jjaupers  and  the  said  Toivns  have  mutually  agreed 
on  an  accommodation  and  have  applied  to  this  Court  to 
have  the  same  ratified  by  the  Legislature. 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Court  assembled  and  by  the  Author- 
ity of  the  same  that  every  person  who  had  obtained  a  legal 
settlement  as  the  Law  prescribes  in  that  part  of  the  Town 
of  Lancaster  which  is  now  Sterling  and  did  remove  from 
said  Town  of  Lancaster  before  the  Incorporating  of  said 
Town  of  Sterling  &  who  has  already  or  shall  hereafter 
become  chargeable  for  his  or  her  support,  shall  be  sup- 
ported by  the  said  Town  of  Sterling :  Provided  always 
that  such  poor  persons  shall  not  have  gained  a  legal  In- 
habitancy in  any  other  Town  or  place  after  having  re- 
moved from  that  part  of  the  said  Town  of  Lancaster 
which  is  now  Sterling,  and  so  Vice  Versa  in  the  Town  of 
Lancaster. 

And  lohereas  it  appears  that  the  line  betioeen  the  said 
Towns  of  Lancaster  and  Sterling  runs  through  the  Farm 
of  Ephraim  Wilder  and  others:  and  as  it  is  mutually 
agreed  by  the  Inhabitants  of  the  said  Towns  of  Lancaster 
and  Sterling  that  the  following  alteration  of  the  line  be- 
tween said  Towns  of  Lancaster  and  Sterling  should  be 
made : 

Be  it  therefore  enacted  that  the  line  between  said  Towns 
shall  be  established  as  follows  Vizt.  —  begining  at  a  heap 
of  Stones  near  an  old  stump  at  Leominster ;  thence  East 
nineteen  and  one  half  degrees  South,  one  hundred  &  sixty 


Acts,  1792.  —  Chapter  56.  81 

Rods  to  a  stake  c*c  stones,  thence  South  six  and  one  half 
degrees  west  four  hundred  and  fifty  live  Rods  to  a  Stake 
and  Stones,  thence  South  sixty  three  degrees  east  twenty 
eight  rods  to  a  stake  and  stones,  thence  South  tifteen  de- 
grees West  thirty  two  rods  to  a  stake  and  stones,  thence 
South  seventy  degrees  East  forty  rods  to  a  stake  and 
stones,  thence  south  twenty  five  degrees  West  One  hun- 
dred and  twenty  two  Rods  to  an  Ehii  Tree,  thence  south 
seventy  seven  degrees  east  seventy  three  rods  to  a  white 
Oak,  thence  south  nineteen  degrees  West  forty  six  Rods 
to  a  heap  of  Stones,  thence  due  west  fifty  rods  to  a  White 
Oak,  thence  South  Sixty  four  degrees  West  one  hundred 
and  six  rods  to  an  Elm,  thence  South  nine  degrees  east 
sixty  four  rods  to  a  Walnut,  thence  South  sixty  one  de- 
grees east  thirty  four  rods  to  a  stake  and  stones,  thence 
South  eighteen  degrees  west,  twenty  four  rods  to  a  stump 
and  stones,  thence  South  twenty  nine  degrees  east  seventy 
nine  rods  to  a  stake  and  stones,  thence  South  fifty  one 
degrees  west  sixty  two  rods  to  a  stake  and  stones,  thence 
north  forty  degrees  west  fifty  five  rods  to  a  large  white 
oak,  the-nce  South  seventy  three  degrees  west  one  hundred 
and  sixty  six  rods  to  a  stake  and  stones,  thence  South 
two  degrees  west  eighty  six  rods  to  a  white  oak,  tlience 
north  sixty  four  degrees  east  one  hundred  &  twenty  two 
rods  to  a  large  oak,  thence  south  thirty  degrees  east 
sixty  two  rods  to  a  wahiut,  thence  south  seventy  eight 
degrees  east  thirty  four  rods  to  a  stake  and  stones,  thence 
south  sixteen  degrees  east  thirty  six  rods  to  an  Elm, 
thence  south  ten  degrees  west  one  hundred  &  ninety  six 
rods  to  a  Chesnut,  thence  south  seven  degrees  west  one 
hundred  &  twelve  rods  to  a  white  pine,  thence  south 
eighty  two  degrees  west  fifty  six  rods  to  a  white  oak, 
thence  south  eleven  degrees  west  four  hundred  &  ninety 
rods  to  a  white  oak  and  stones  at  Boylston,  allowing  one 
and  one  half  degree  west  variation  in  the  Compass  in  all 
the  angles.  Approved  March  12,  1793. 

1792.  — Chapter  56. 

[January  Session,  ch.  27.] 

AN  ACT  FOR  INCORPORATING  A  PART  OF  THE  TOWISTS  OF  LANES- 
BOROUGH,  W^INDSOR,  ADAMS,  AND  THE  DISTRICT  OF  NEW 
ASHFORD  IN  THE  COUNTY  OF  BERKSHIRE,  INTO  A  TOWN 
BY  THE  NAME  OF  CHESHIRE. 

£e  it  Enacted  hy  the  Senate  and  House  of  Representa- 
tives in  General  Qourt  assembled,  and  by  the  authority  of 


82 


Acts,  1792.  —  Chapter  56. 


Boundaries. 


Cheshire 
incorporated. 


Back  taxes  to 
be  paid  by  the 
inhabitants  of 
Cheshire. 


the  same,  that  the  lands  hereafter  described,  to  wit,  be- 
ginning on  New-Ashford  line,  at  the  middle  of  the  south 
line  of  Brown's  Grant,  at  a  stake  and  stones,  thence 
south  thirty  one  degrees  west,  three  hundred  &  twenty 
rods,  to  a  stake  and  stones,  thence  east  sixteen  degrees 
south,  one  hundred  rods  to  a  stake  and  stones,  thence 
south  thirty  one  degrees  west  one  hundred  and  sixty  rods, 
to  a  stake  and  stones,  thence  east  sixteen  degrees  south 
one  hundred  rods  to  a  stake  and  stones,  thence  south 
thirty  one  degrees  west  three  hundred  and  twenty  rods  to  a 
stake  and  stones,  thence  east  sixteen  degrees  south  four 
hundred  rods  to  a  stake  and  stones,  thence  south  thirty 
one  degrees  west  four  hundred  &  eighty  rods  to  a  stake 
and  stones,  thence  east  sixteen  degrees  south  two  hun- 
dred rods  to  a  stake  and  stones,  thence  south  thirty  one 
degrees  east  forty  two  and  an  half  rods  to  a  stake  and 
stones,  thence  east  sixteen  degrees  south  four  hundred 
rods  to  Windsor  line  to  a  birch  tree  marked  with  stones 
about  it,  thence  north  thirty  one  degrees  east  seven  hun- 
dred and  fourteen  rods  on  Windsor  line  to  a  stake  and 
stones,  thence  east  sixteen  degrees  south  nine -hundred 
rods  to  a  stake  and  stones,  thence  north  eighteen  degrees 
east  six  hundred  rods  to  a  stake  &  stones  on  the  north 
line  of  Windsor,  thence  west  sixteen  degrees  north  on 
W^indsor  line  one  hundred  and  twenty  rods  to  a  stake  and 
stones  in  the  south  line  of  Adams  at  the  southeast  corner 
thereof,  thence  north,  thirty  six  degrees  east  three  hun- 
dred &  eighty  rods  to  a  stake  and  stones,  thence  north 
fourteen  degrees  west  four  hundred  &  forty  rods  to  East 
Hoosuck  old  line  at  a  stake  and  stones,  thence  west  eight 
degrees  north  twelve  hundred  and  ten  rods  to  a  stake  and 
stones,  thence  west  twenty  six  degrees  north  five  hundred 
&  twenty  rods  to  Seth  Jones's  corner  to  a  stake  and  stones, 
thence  south  nine  degrees  Avest  three  hundred  &  seventy 
three  rods  to  a  maple  tree  marked  on  the  top  of  the 
Mountain,  —  thence  south  seventeen  degrees  west  two 
hundred  and  ten  rods  to  the  first  mentioned  bounds, 
together  with  the  inhabitants  thereon,  be  and  they  are 
hereby  incorporated  into  a  town  by  the  name  of  Cheshire 
vested  with  all  the  powers,  priviledges  and  immunities 
which  other  towns  are  intitled  to  enjoy  by  the  Constitu- 
tion and  Laws  of  this  Commonwealth. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  inhabitants  living;  within  the  town  of  Cheshire 
shall  pay  all  such  arearages  of  taxes  as  have  been  assessed 


Acts,  1792.  —  Chaptek  57.  83 

against  them  prior  to  this  act ;  and  that  the  Treasurers 
of  the  several  towns  shall  have  full  power  to  enforce  the 
collection  of  such  taxes  as  if  this  act  had  never  taken 
place. 

And  be  it  further   enacted  hy  the   authority  aforesaid 
that  the  town  of  Cheshire  shall  provide  for  the  maintain-  ^ain^'rih 
ance   of  all  poor  persons  who  may  be  hereafter  returned  poor. 
to  them  in  consec(uence  of  their  having  heretofore  had  a 
legal  residence  within  the  lines  of  said  town. 

And  he  it  farther  enacted  hy   the   authority  aforesaid 
that  James  Barker  Esqr.  be  authorized  to  issue  his  War-  James  Barker, 
rant  to  some  principal  inhabitant  of  said  town  of  Cheshire  variant. 
to    warn  them  to    meet  at  some    suital^le   place   for   the 
purpose  of  electing  their  town  Officers,  as  the  law  directs. 

And  be  it  further  enacted  that  the  Register  of  deeds  for  S^^^  *®'"  °tf  .^ 
the  north  District  in  the  County  of  Berkshire  may  hold  ws  office  in 
his  office  in  the  said  town    of  Cheshire  untill  the  time 
provided  by  Law  for  a  new  choice  of  said  Officer. 

Approved  March  14,  1793. 

179*3.  — Chapter  57. 

[January  Session,  ch.  29.] 

AN    ACT    FOR    DIVIDING    THE    TO\VN    OF    SALISBURY    IN    THE 
COUNTY  OF  ESSEX  INTO  TWO  PARISHES. 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  Authority 
of  the  same,  that  the  Town  of  Salisbury  in  the  County  Boundaries. 
of  Essex,  be  and  the  same  hereby  is  divided  into  two 
distinct  Parishes,  by  the  following  dividing  line  vizt. 
begining  at  an  oak  stump  being  the  remains  of  a  tree 
formerly  struck  with  lightning  standing  on  a  line  between 
the  land  of  Enoch,  Joshua  &  Richard  Titcomb  on  the  one 
hand  &  of  John  Sawyer  on  the  other  &  from  thence  run- 
ning southerly  by  the  Western  border  of  said  Titcomb's 
land  to  Merrimack  River  &,  northerly  from  said  stump  on 
a  straight  &  direct  course  hy  Dole's  corner  so  called  & 
the  School  house  there  standing  to  Aaron  Clough's  land 
&  to  the  line  of  the  State  of  New  Hampshire,  so  as  to 
include  said  Clough  his  poll  and  estate  in  the  east  Parish 
&  that  all  the  lands  in  said  Town  with  all  the  inhabitants 
thereon  lying  to  the  eastward  of  said  dividing  line  includ- 
ing said  Clough  &  his  estate  be  and  hereby  are  erected  & 
incorporated  into  a  separate  parish  by  the  name  of  the 
East  Parish  in  Salisbury  &  that  all  the  lands  in  said  Town 


84 


Acts,  1792.  —  Chapter  57. 


Estates  subject 
to  parish  taxes. 


Proviso. 


Inhabitants  to 
notify  their 
intention  of 
becoming 
members  of 
parishes. 


Parsonage 
houses  to  con- 
tinue for  the 
use  of  the 
Ministers. 


Proviso. 


with  the  Inhabitants  thereon  lying  to  the  westward  of  said 
line  be  and  hereby  are  erected  &  incorporated  into  a  sepa- 
rate Parish  by  the  name  of  the  AYest  Parish  in  Salisbury 
and  that  each  of  said  parishes  l)e  &  hereby  is  vested  with 
all  the  powers,  privilidges  &  immunities  &  subject  to  all 
the  duties  which  other  parishes  in  the  Commonwealth  are 
or  may  be  vested  with  &  sul^ject  to. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  lands  &  estate  of  any  person  who  now  is  or  may 
be  an  inhabitant  of  either  of  said  parishes,  in  which  ever 
of  said  parishes  the  same  may  lie  or  ])e,  shall  be,  subject 
to  be  taxed  to  parochial  charges  in  that  parish  only  in 
which  such  owner  lives  or  may  live. 

Provided  nevertheless,  &  be  it  farther  enacted  by  the  au- 
thority aforesaid,  that  any  person  who  now  is  or  hereafter 
may  be  an  inhabitant  of  either  of  the  parishes  aforesaid, 
may  join  with  &  become  a  member  of  the  other  parish,  <fe 
be  liable  with  his  poll  &  estate  to  be  taxed  therein  &  may 
return  again  &  join  the  parish  whereof  he  is  an  inhabitant 
&  be  liable  with  his  polls  and  estate  to  be  taxed  again 
therein  whenever  he  chooses  so  to  do.  And  whenever  any 
such  person  shall  choose  to  join  such  parish  whereof  he  is 
not  an  inhabitant,  or  return  therefrom  as  aforesaid,  he 
shall  give  notice  in  writing  of  such  his  intention  to  the 
Clerks  of  each  parish  on  or  before  the  first  day  of  March 
then  next,  which  notice  shall  be  recorded  in  the  parish 
books  of  record  by  said  Clerks,  from  which  said  first  day 
of  March  he  shall  be  considered  &  taken  to  be  a  member 
of  that  parish  to  which  he  shall  so  declare  his  intention  to 
join  or  return,  &  be  liable  with  his  estate  to  be  taxed 
accordingly  from  year  to  year  &  untill  he  shall  alter  his 
intention  and  declare  the  same  anew  in  manner  aforesaid. 

And  be  it  further  enacted  by  the  authority  aforesaid,  that 
the  parsonage  house  and  lands  in  said  East  parish  shall  be 
and  continue  for  the  use  of  the  Minister  of  the  east  parish 
&  his  successors,  &  that  the  parsonage  house  &  lands  in 
the  West  parish  shall  be  and  continue  to  the  use  of  the 
minister  of  the  West  Parish  and  his  successors  for  ever ; 
And  that  the  Parsonage  Salt  marsh  &  lands  lying  at  South 
Hampton  &  Grape  Hill  so  called  be  jointly  improved  in 
equal  shares  by  the  ministers  of  both  parishes  as  here- 
tofore. 

Provided  nevertheless  &  be  it  further  enacted  by  the 
autJiority  aforesaid,  that  nothing  in  this  act  shall  be  con- 


Acts,  1792.  —  Chaptek  58.  85 


strued  to  annul  or  destroy  any  contract  or  contracts  now 
subsisting  between  said  town  of  Salisbury  &  any  person 
or  persons  whatsoever,  but  that  every  such  contract  shall 
remain  in  as  full  force  &  all  persons  living  in  either  parish  pfriXheidTo''^ 
shall  be  held  to  pay  their  proportions  of  any  sum  now  due  ^^y  ^^'^^  '»^««- 
or  that  may  become  due  from  said  town  by  force  of  any 
such  contract  or  contracts  as  fully  as  if  this  Act  had  never 
been  made  ;  excepting  only,  that  the  contract  made  by  the 
town  with  the  minister  of  that  part  thereof  which  now  con- 
stitutes the  West  Parish  shall,  so  far  as  it  relates  to  his 
future  support  be  considered  as  devolving  &  binding  upon 
the  "West  Parish  only  &  not  upon  the  Town. 

And  be  it  further'  enacted  by  the  authority  aforesaid, 
that  Theophilus  Bradbury  Esqr.  be  and  he  hereby  is  au-  7^j°-^^^^l^ 
thorized  to  issue  a  Warrant  to  some  principal  inhabitant  issue' warrant. 
of  each  of  said  parishes  requiring  &  impowering  them 
severally  &  respectively  to  notify  &  warn  meetings  of 
each  of  said  parishes  at  suitable  times  and  })laces  therein 
respectively,  for  the  choice  of  such  Officers  as  may  be 
chosen  by  parishes  in  the  Month  of  March  or  April  annu- 
ally, &  for  the  transaction  of  any  other  bussiness  that  may 
be  legally  transacted  in  parish  meetings. 

Approved  March  15,  1793. 


1793.  — Chapter  58. 

[January  Session,  ch.  28.] 

AN  ACT  FOE,  PROVIDING  HOSPITALS  FOR  INOCULATION,  AND 
PREVENTING  INFECTION  FROM  THE  SMALL-POX,  AND  FOR 
REPEALING  SEVERAL  ACTS  HERETOFORE  MADE  FOR  THAT 
PURPOSE. 

WJiereas  the  Laics  heretofore  made,  ivith  intent  to  pre-  Preamble. 
vent  the  spreading  of  infection  from  the   8mall-p)0X  are 
insufficient,  and  other  provision  is  iiecessary  to  be  made: 

Be  it  therefore  Enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  that  an  Act  passed  in  the  3'ear  of  Former  Acts 
Our  Lord  One  thousand  seven  hundred  and  seventy  six,  "^^^^^ 
intitled  "An  Act  impowering  Justices  of  the  Court  of 
General  Sessions  of  the  Peace,  in  the  several  Counties  to 
permit  inoculating  Hospitals  to  be  erected  in  said  Coun- 
ties," And  also  another  Act,  passed  in  the  year  of  Our 
Lord,  One  thousand  seven  hundred  and  seventy  seven,  in 
addition  to  and  amendment  of  the  Act  before  mentioned, 


86 


Acts,  1792.  —  Chapter  58. 


Towns  to  erect 
Hospitals  by 
permission. 


Proviso, 


And  also  an  Act  passed  in  the  year  of  Our  Lord  one  thou- 
sand seven  hundred  and  seventy  six,  entitled  "  An  Act 
to  prevent  the  continuance  of  the  Small-pox  in  the  town 
of  Boston,  and  to  licence  inoculation  there,  for  a  limited 
time,"  Also  one  Act  made  in  the  year  of  Our  Lord,  one 
thousand  seven  hundred  and  ninety  two,  intitled  "An 
Act  providing  for  the  establishment  of  Hospitals  for  in- 
oculating with  the  Small-pox  &  for  repealing  all  laws 
heretofore  made  for  that  purpose,"  be,  and  hereby  are 
repealed. 

And  be  it  farther  enacted  by  the  authority  aforesaid,  that 
it  shall  be  lawful  for  the  inhabitants  of  any  town  or  dis- 
trict, at  any  meeting  legally  warned  eight  days  before 
holding  the  same,  to  agree  upon,  erect,  establish  or  ap- 
point such  Hospital  or  Hospitals  for  inoculation  with  the 
small  pox  within  the  same  town,  as  shall  be  thought 
proper  by  the  major  part  of  the  legal  voters  present  at 
the  same  meeting :  Provided  however,  that  all  such  Hos- 
pitals shall  be  subject  to  such  orders,  regulations  and  re- 
strictions as  the  Selectmen  of  the  town  or  district,  or  a 
Committee  of  said  town  or  district  appointed  for  that  pur- 
pose where  such  Hospital  shall  be,  shall  agree  upon  and 
establish  for  the  safety  of  the  people  ;  and  the  inhal)itants 
of  the  same  town  or  district,  at  a  legal  meeting,  shall  have 
power  to  discontinue  such  Hospital  whenever  they  shall 
think  proper.  Provided  however  that  no  such  Hospital 
shall  be  erected  within  one  hundred  rods  of  anv  dwellino: 
house  inhabited,  situated  in  any  adjacent  town,  without 
the  consent  of  such  adjoining  town  in  legal  town  meeting 
therefor,  first  had  and  obtained. 

And  be  it  farther  enacted  by  the  authority  aforesaid. 
Inoculation  for-  that  uo  pcrsou  shall  inoculate  any  other  i^terson  or  inocu- 

uidden  on  pain  .    '-  ,  . 

late  himself  or  herself,  or  suffer  himself  or  herself  to  be 
inoculated  with  the  Small  pox  unless  at  some  Hospital 
licenced  and  authorized  according  to  this  Act,  on  pain 
that  every  person  so  offending  shall  for  each  offence  for- 
feit a  sum  not  exceeding  forty  pounds,  to  be  recovered  on 
indictment  or  presentment  of  the  Grand  Jury  at  the 
Supreme  Judicial  Court,  or  Court  of  General  Sessions  of 
the  Peace  within  the  same  County  in  which  such  offence 
shall  have  been  committed  ;  the  one  half  of  which  forfeit- 
ure shall  be  paid  into  the  Treasury  of  the  County,  and  the 
other  half  into  the  Treasury  of  the  town  in  which  such 
offence  shall  appear  to  have  been  done. 


Proviso. 


of  forfeiture. 


Acts,  1792.  —  Chapter  58.  87 

And  be  it  further  enacted  by  the  authority  aforesaid^ 
that  whenever  any  Hospital  shall    be  so  erected,  estab-  Persons 
lished  or  appointed,  the  Physician,  the  persons  inoculated,  Hospitals  to  be 
or  sick  there,  the  nurses,  attendants,  &  all  persons  who  "ion"  "^"^^  ** 
shall  approach  or  come  within  the  limits  of  the  same,  and 
all  such  property  as  shall  be  used  or  brought  there,  shall 
be  subject  to  all  such  orders  &  regulations  as  shall  be 
made  by  the  Selectmen,  or  a  Committee  appointed  for 
that  purpose,  to  prevent  spreading  the  infection. 

And  be  it  further  enacted,  that  when  the  Small-pox  shall  Hospitals  to 
unexpectedly  break  out  in  any  town  or  district,  the  Se-  in  case  - 
lectmen  of  the  same,  shall  have  power,  and  it  shall  be 
their  duty  immediately  to  provide  such  Hospital  or  place 
of  reception  for  the  sick  and  infected,  as  they  shall  judge 
best  for  their  accommodation,  and  the  safety  of  the  in- 
habitants, and  may  give  licence  for  inoculating  there  all 
such  persons  as  shall  be  supposed  to  have  taken  infection  ; 
and  such  Hospitals  &  places  of  reception  shall  be  subject  selectmen  to 
to  the  orders  and  regulations  of  the  Selectmen  in  the  same 
manner  as  is  herein  before  provided  respecting  licenced 
Hospitals  ;  and  the  said  Selectmen  shall  cause  such  sick 
and  infected  persons  to  be  removed  to  such  Hospitals  or 
places  of  reception,  unless  the  condition  of  the  sick  per- 
son should  not  admit  of  removal  without  danger  of  life,  in 
which  case  the  House  or  place  where  the  sick  shall  remain, 
shall  be  considered  as  an  Hospital  to  every  purpose  before 
mentioned,  and  all  persons  residing  in,  or  in  any  way 
concerned  with  the  same,  shall  be  subject  to  the  orders 
and  regulations  of  the  Selectmen  of  the  town  or  district 
as  before  expressed  and  provided. 

And  be  it  further  enacted,  that  in  all  the  cases  above-  selectmen  to 
mentioned,  it  shall  be  the  duty  of  the  Selectmen  to  use  all  ^l^  °°''''^i„ 

'  J  „.„.  ,  when  any  house 

possible  care  to  prevent  the  spreading  of  infection  and  to  is  infected, 
give  public  notice  to  travellers  of  infected  places,  by  dis- 
playing red  flags  at  proper  distances,  and  by  all  other 
means  which  in  their  judgment  shall  be  most  efiectual  for 
the  common  safety ;  and  in  case  any  physician  or  other 
person  within  any  of  the  Hospitals  or  places  of  reception 
above  described,  or  who  shall  attend,  approach,  or  be  con- 
cerned wnth  the  same,  shall  violate  or  contravene  any  of 
the  restrictions,  orders  or  regulations  of  the  same  made 
according  to  this  act,  either  in  respect  of  himself,  or  his 
or  any  other  person's  property,  the  person  so  offending 
shall  for  each  offence  forfeit  and  pay  a  sum  not  exceeding 


88 


Acts,  1792.  —  Chapter  59. 


Penalty. 


Householders 
to  give  notice 
of  any  person 
infected  within 
their  houses. 


Penalty. 


thirty  pounds,  nor  less  than  four  pounds,  to  be  recovered 
and  paid  in  the  same  manner  as  is  in  this  act  before  pro- 
vided in  case  of  offences  committed  by  inoculating,  or 
being  inoculated  contrary  to  the  form  and  effect  of  this 
act. 

A7id  be  it  further  enacted^  that  whenever  any  House- 
holder shall  know,  that  any  person  within  his  or  her 
family,  is  taken  sick  of  the  small  pox,  such  householder 
shall  immediately  give  notice  thereof  to  the  Selectmen  of 
the  town  or  district  of  which  such  householder  shall  be  an 
inhabitant  or  resident,  on  pain  that  every  householder,  who 
shall  refuse  or  neglect  to  give  such  notice  shall  forfeit  and 
pay  for  such  offence  a  sum  not  exceeding  thirty  pounds, 
nor  less  than  ten  pounds,  to  be  recovered  in  the  same 
manner  as  is  before  provided  for  recovering  the  forfeitures 
mentioned  in  this  act,  and  to  be  appropriated  and  paid  in 
the  same  manner.  Approved  March  15,  1793. 


Preamble. 


Bridge  to  be 
erected  & 
maintained  — 


1792.  — Chapter  59. 

[January  Session,  ch.  30.] 

AN    ACT    FOR    ERECTING    AND    MAINTAES'ING  A    BRIDGE    OVER 
MILLER'S  RIVER,  SO  CALLED,  IN  THE  COUNTY  OF  HAMPSHIRE. 

Whereas  a  Bridge  over  said  Miller's  inver  is  very  neces- 
sary for  the  accommodation  of  travellers  passing  up  and 
down  in  the  great  road  crossing  said  river,  near  Con- 
necticut river,  and  the  same  is  not  wholly  in  the  hounds 
of  any  town  who  are  obliged  by  law  to  maintain  a  Bridge 
over  the  same : 

Be  it  therefore  enacted  by  the  Senate,  and  House  of 
Representatives  in  General  Court  assembled  and  by  the 
authority  of  the  same,  that  a  sufficient  Bridge  for  the 
accommodation  of  travellers,  shall  be  erected  over  said 
Miller's  river,  at,  or  near  the  place  where  said  road 
crosses  said  Miller's  river,  between  the  towns  of  Northfield 
and  Montague,  at  the  expence  of  said  County ;  and  the 
Justices  of  the  Court  of  General  Sessions  of  the  Peace  for 
said  County  of  Hampshire  are  hereljy  authorized  and 
directed  to  order  such  Bridge  to  be  erected  over  said 
Miller's  river,  &  the  expence  thereof  shall  be  borne  by, 
and  assessed  upon  the  inhabitants  of  the  said  County  of 
Hampshire ;  and  the  same  shall  be  assessed,  collected, 
paid  into,  and  ordered  out  of  the  County  Treasury  in  the 
same  way  and  manner,  as  other  County  charges  are. 


Acts,  1792.  —  Chapter  60.  89 

And  be  it  further  enacted,  that  a  Bridge  over  said  Miller's 
river  at  the  place  above  ruentioned  shall  hereafter  be  main- 
tained repaired  and  supported  in  manner  as  is  before 
directed,  untill  the  Legislature  of  this  Commonwealth 
shall  otherwise  order. 

And  tvhereas  a  Bridge  hath  been  already  erected  over  said  P''e'*°i**'«- 
Millers  river,  near  the  place  above  mentioned  at  private 
expence,  and  the  Justices  of  said  Court  may  judge  it  ex- 
pedient to  purchase  the  same  for  the  use  of  the  public: 

Be  it  further  enacted  by  the  authority  aforesaid,  that  fuf^oHzed  to 
said  Justices  of  said  Court  of  General  Sessions  of  the  Peace  pYj^'J""' 
for  said  County,  be,  and  hereby  are  authorized  to  pur- 
chase the  same  Bridge  if  they  shall  see  fit  for  the  use  of 
the  public,  and  the  expence  of  said  purchase  shall  be 
borne,  assessed,  collected  paid  in,  and  ordered  out  of  the 
Treasury  of  said  County  in  the  same  manner  as  is  in 
this  Act  before  provided  for  erecting  a  Bridge  over  said 
Miller's  river.  Approved  March  15,  1793. 


1792.  —  Chapter  60. 

[January  SeBsion,  ch.  31.] 

AN  ACT  TO  INCORPORATE  THE  PLANTATION  OF  BUCK-TO^VN, 
OR  NUMBER  FIVE,  IN  THE  COUNTY  OF  CUMBERLAND  INTO 
A  TOWN  BY  THE  NAME  OF  BUCKFIELD. 

Be  it  enacted  by  the  Senate  <&  House  of  Representatives 
in  General  Court  Assembled,  &  by  the  authority  of  the  same, 
that  the  following  described  Tract  of  Land,  vizt.,  begin-  Boundaries. 
ning  at  the  Northwest  corner  of  Hebron  &  running  South 
seventy  degrees  East,  on  the  Northerly  line  of  said  Hebron 
five  miles  &  about  one  hundred  &  ninety  rods  until  it 
strikes  the  West  line  of  Turner,  —  thence  North  twenty  six 
degrees  East,  by  said  line  five  miles  &  about  one  hundred 
rods,  until  it  meets  the  South  East  corner  of  number  Six, 
or  Buttersfield,  —  thence  running  South  eighty  one  degrees 
West,  eight  miles  &  two  hundred  rods  to  the  East  line  of 
Plantation  number  four,  —  thence  by  said  line  running 
South  thirteen  degrees  East,  to  the  first  mentioned  l)ound, 
together  with  the  inhabitants  thereon,  be  &  they  hereby  Buckfteid 
are  incorporated  into  a  Town  by  the  name  of  Buckfield  :  '°««'-p°'-^'«d. 
&  the  said  Town  is  hereby  invested  with  all  the  powders, 
privileges  &  immunities  which  other  Towns  in  this  Com- 
monwealth, do,  or  may  enjoy  by  Law. 


90 


Acts,  1792. —  Chapter  61. 


And  be  it  further  Enacted  by  the  authority/  aforesaid, 
that  William  Wedgery  esquire,  be  &  he  is  hereby  impow- 
ered  &  requested  to  issue  his  Avarrant  directed  to  some 
suitable  inhabitant  of  the  said  Buckfield,  requiring  him  to 
warn  the  inhabitants  thereof  to  meet  at  some  convenient 
time  &  place  to  choose  all  such  officers  as  Towns  are  by 
Law  required  to  choose  in  the  month  of  March,  or  April, 
annually.  Approved  March  16,  1793. 


Preamble. 


Persons  incor- 
porated. 


Name  of  the 
Corporation. 


1793.  — Chapter  61. 

[January  Session,  ch.  32.] 

AN  ACT    FOR    ESTABLISHrNG   AN   ACADEMY    IN    THE   TOWN   OF 
PLYMOUTH   BY   THE   NAME   OF   THE   PLYMOUTH   ACADEMY. 

Whereas  a  suitable  number  of  Academies  within  this 
Commonwealth  will  be  of  common  benefit,  and  it  appears 
that  Thomas  Davis  esqr.  and  others  have  subscribed  a  sum 
of  money  for  the  purpose  of  erecting  and  supporting  an 
Academy  in  the  town  of  Plymouth  in  the  County  of 
Plymouth ;  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 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  that  Thomas  Davis,  George  Wat- 
son, William  Davis,  Samuel  Jackson,  Barnabas  Hedge, 
jun.,  Thomas  Jackson,  William  Crombie,  Joshua  Thomas, 
Isaac  Lothrop,  James  Thacher,  Samuel  Jackson  Jun., 
John  Davis,  Samuel  Davis,  Nathaniel  Goodwin,  Josiah 
Cotton,  Andrew  Crosswell,  Thomas  Withrell,  John  Bishop, 
Thomas  Nicolson,  Joseph  Thomas,  Thomas  Jackson 
jun.,  Rosseter  Cotton,  William  Goodwin,  William  Hall 
Jackson,  Robert  Brown,  Abraham  Hammatt,  William 
Jackson,  Sylvanus  Bartlett,  Nathaniel  Lewis,  Joseph 
Crosswell,  Isaac  Le  Barron,  Isaac  Harlow,  Daniel  Dimau, 
Nathaniel  Spooner  &  James  Prince  with  all  others  who 
shall  become  benefactors  to  the  Academy  by  this  Act  in- 
stituted, by  any  gift  or  donation  which  shall  be  accepted 
by  the  Trustees  for  the  time  being,  &  also  the  Preceptor 
of  said  Academy  by  virtue  of  his  office,  are,  &  shall  be 
hereby  established  &  made  a  body  politic  &  corporate  by 
the  name  of  the  Trustees  of  the  Plimouth  Academy ; 
and  they  &  the  Survivors  of  them  &  their  Successors  to 
be  appointed  as  hereinafter  is  provided,  shall  be  &  continue 
a  body  politic  &  corporate  by  the  same  name  forever,  & 


Acts,  1792.  —  Chapter  61.  91 

by  that  name  the  said  Corporation  may  sue  &  shall  be  —empowered. 
liable  to  be  sued,  &  shall  have  power  by  their  officers, 
agents  or  attornies,  to  prosecute  &  defend  in  all  actions 
real,  personal  &  mixed,  until  final  judgment,  execution  & 
satisfaction  :  —  And  the  said  Corporation  shall  have  &  use 
a  common  seal,  which  they  may  break,  alter,  &  renew  at  common  seai. 
their  pleasure  ;  Provided^  that  when  any  person  shall  de-  Proviso. 
cline  to  serve  as  a  Trustee  &  such  resignation  shall  be 
recorded    by   the    said    Corporation,   his   place    shall   be 
deemed  vacant. 

And  be  it  further  Enacted,  by  the  authority  aforesaid, 
that  the  Trustees  of  said  Academy  in  their  said  capacity  Trustees 
are,  &  shall  be  capable  in  Law  to  take  &  receive  by  gift,  to  hold  estates, 
grant,  l)argain,  devise  or  otherwise,  lands,  tenements  or 
other  estate  real  &  personal,  &  whereof  the  annual  in- 
come shall  not  exceed  the  sum  of  three  thousand  Dollars 
in    Silver,  to   have   &  to  hold  the  same  for  the  sole  trust 
&  purpose  of  supporting  an  Academy  in  said  town  of 
Plimouth,  for  the  promotion  of  Piety,  Religion  &  Moral- 
ity &  for  the  Education  of  Youth  in  the  liberal  arts  & 
sciences  &  all  other  useful   learning,   according   to   the 
requisition  of  any  gift  or  bequest  which  shall  be  made  to  and  make 
the  said  Corporation,  or  as  the  Trustees  for  the  time  being  ^pp''°p""  "'°*- 
shall  &  may  direct  &  ordain ;  And  the  said  Corporation 
shall  have  full  power  &  authority  to  lease  &  manage  their 
lands,  tenements  &  all  other  estate,  &  to  bargain,  sell  & 
dispose  thereof,  where  they  shall  not  be  restrained  by  the 
terms  of  any  gift  or  devise  :  Provided,  that  for  the  sale  Proviso, 
of  any  real  estate  the  property  of  said  Corporation,  the 
concurrence  of  two  thirds  of  all  the  Trustees  for  the  time 
being,   shall  be  requisite :  And  all   Deeds   or  Contracts 
sealed  w^ith  the  common  seal  of  the  said  Corporation  & 
signed  hy  any  ofificer  thereof,  or  any  Trustee  pursuant  to 
their  order,  shall  be  valid  &  eflectual  in  Law  to  all  intents. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  said  Corporation  shall  have  power  bv  standing  corporation  to 

1  .  1  .  ,.  n         ^  n    appoint  meet- 

rules  or  otherwise,  to  determme  the  tmies  &  places  ot  ings,  elect 
meeting,  the  manner  of  notifying  the  Trustees  &  the  °  ''^"' 
methods  of  proceeding  thereat ;  also  to  elect  such  ofiicers 
of  the  said  Corporation  as  they  shall  judge  necessary,  & 
to  appoint  &  provide  a  Preceptor  of  the  said  Academy 
with  all  needful  assistants,  &  to  determine  the  powers, 
duties  &  salaries  of  their  respective  oflScers  ;  —  to  as- 
certain the  qualifications  &  terms  of  admission  of  all  Stu- 


92 


Acts,  1792.  —  Chapter  62. 


Trustees 
authorized  to 
fill  vacancies. 


dents  which  shall  l)e  received  at  the  said  Academy,  &  to 
make  &  ordain  all  other  reasonable  rules,  orders  &  b}— 
laws  with  Penalties  or  without,  &  not  repugnant  to  the 
Laws  of  this  Commonwealth,  as  well  for  the  good  govern- 
ment of  the  said  Corporation,  as  for  the  better  regulation 
of  the  said  Academy,  &  all  such  rules  orders  &  by-laws 
to  alter  or  repeal. 

And  be  it  further  enacted  hy  the  authority  aforesaid, 
that  whenever  the  number  of  the  Trustees  of  the  said 
Academy  shall  be  less  than  fifteen,  the  Trustees  for  the 
time  being  shall  have  power,  &  it  shall  be  their  duty  to 
nominate,  elect  &  appoint  other  suitable  persons  as  Trus- 
tees, until  that  number  shall  be  complete. 

And  he  it  further  Enacted  by  the  authority  aforesaid y 
that  the  Legislature  of  this  Commonwealth  may  from  time 
examination  by  to  time,  wlicu  &  in  sucli  manner  as  shall  be  thought  fit, 
enquire  into  the  doings  of  the  said  corporation  &  their 
performance  of  the  Trusts  aforesaid  ;  &  upon  any  breach 
thereof  or  other  suflScient  cause  to  the  said  Legislature 
upon  due  notice  to  the  said  Corporation  &  a  full  hearing 
thereupon,  sufficiently  appearing,  may  annul  the  grant  & 
authorities  hereby  made,  or  such  part  thereof  as  the  said 
Legislature  shall  thereupon  determine :  Provided,  that 
all  &  singular  the  estates  of  the  said  Corporation  shall 
thereupon  revert  to  the  Donors  thereof,  or  according  to 
any  limitation  in  any  grant  or  donation  made. 

And  be  it  further  Enacted,  that  Ephraim  Spooner  Esqr. 
be  &  hereby  is  authorized  to  fix  the  time  &  place  for  hold- 
ing the  first  meeting  of  the  Trustees  &  to  notify  them 
thereof.  Approved  March  19,  1793. 


Corporation  to 
be  subject  to 


the  Legislature. 


Proviso. 


Ephraim 
Bpooner  Esq.  to 
issue  warrant. 


Preamble. 


1793.  — Chapter  62. 

[January  Session,  ch.  33.] 

AN  ACT  TO  PREVENT  THE  DESTRUCTION  OF  THE  FISH  CALLED 
ALEWIVES  IN  TAUNTON  GREAT  RIVER  SO  CALLED  IN  THE 
COUNTY  OF  BRISTOL  AND  ALSO  TO  REGULATE  THE  CATCH- 
ING THE   SAID  FISH  THEREIN  FOR  THE  FUTURE. 

Wliereas  the  Law  made  for  regulating  the  Alewive  fish- 
ery in  Taunton  Great  River  (so  called)  in  the  County  of 
Bristol  is  found  to  ojjerate  unequally  upon  and  to  the  dis- 
advantage of  the  several  Toions  situated  on  said  River  and 
has  not  ansioered  the  salutary  purpose  of  preserving  and 
increasing  the  said  Fish  as  intended ;  — 


Acts,  1792.  —  Chapter  62.  93 

Be  it  therefore  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives in  General  Court  assembled  and  by  the  author- 
ity of  the  same,  that  from  and  after  the  twentieth  day  of  No  fish  to  be 

-111  1         1         c    ^     r-  taken  but  at 

March  instant,  it  shall  not  be  lawiui  tor  any  person  or  particular 
persons  whatever,  at  any  time  after  the  said  twentieth  day  ^®"°°^' 
of  March  instant  as  aforesaid  (except  as  is  herein  after 
provided)   to    catch  Ale  wives,    or   any   other  Fish  with 
Seins  or  Drag  nets  in  said  River :  Provided  that  it  shall 
and  may  be  lawful  for  the  inhabitants  of  the  several  Towns 
situated  on  said  River,  to  catch  Alewives  and  other  fish 
-within  the  bounds  of  their  own  Town  and  no  where  else, 
with  Seins  or  Drag  nets,  part  of  four  days  in  each  week 
only,  vizt.  on  monday,  tuesday,  M^ednesday  and  thursday, 
from  Sun  rising  till  Sun  setting  on  each  of  said  days  in 
each  week :  And  provided  each  Town  situated  on  said  P'^o^^^o- 
River  as  aforesaid,  draw  or  sweep  with  two  Seins  or  Drag 
nets  only,  except  the  Town  of  Taunton,  which  Town  is 
hereby  allowed  and  permitted  to  draw  or  sweep  with  three 
seins  or  Drag  nets  in  said  River  on  the  days,  &  within  the 
time  mentioned    as  aforesaid,  and  neither  of  the  Towns 
aforesaid  nor  the  Inhabitants  thereof  are  permitted  at  any 
time  whatever  to  set  their  seins  or  drag  nets  across  said 
River  or  any  part  thereof  or  make  use  of  any  Sein  or  Drag 
net  which  is  or  shall  at  the  time  be  more  than  twenty  rods 
in  length  :  Provided  also,  that  each  of  said  Towns  shall  at  Towns  author- 
a  legal  Town  meeting  ascertain  and  establish  annually  by  p^rivuegeof 
Vote,  the  places  where  the  said  Seins  or  Drag  nets  may  be  '••»"=^i°s  ^s^- 
drawn  within  the   bounds  of  their  respective  Towns  as 
aforesaid  exclusively  and  at  the  same  meeting,  or  at  an 
adjournment  thereof,  dispose  of  and  grant  for  that  year, 
and  so  on  from  year  to  year,  the  sole  privilege  of  catch- 
ing Alewives  or  other  fish  with  Seins  or  Drag  nets  on  the 
parts  of  the  days  of  the  week  aljovementioned  and  speci- 
fied, at  the  places  ascertained  and  established  as  aforesaid, 
to  such  person  or  persons  as  shall  offer  or  give  most  for 
the  same,  and  give  sufficient  security  for  the  pa^niient  of 
the  same  so  offered  and  agreed  on  at  such  time  and  in  such 
manner  as  the  inhabitants  of  the  respective  Towns  shall 
assign  and  order,  said  person  or  persons  so  agreeing  and 
giving  security  as  aforesaid  to  have  right  to  fish  and  no 
other  person  whatever. 

Pe  it  further  enacted,  that  if  any  person  or  persons 
shall  presume  to  draw  an}'  Sein  or  Drag  net,  on  any 
day  or  time,  except  the  parts  of  days  beforementioned ; 


94 


Acts,  1792.  —  Chapter  62. 


Penalty  for 
taking  fish 
contrary  to 
the  Act. 


How  recovered. 


Seins  and  nets 
made  eeiza'ble 
on  breach  of 
this  Act. 


Persons  to  be 
appointed  to 
carry  it  into 
effect. 


Former  Act 
repealed. 


Proviso. 


or  at  any  place  other  than  the  one  ascertained  and  estab- 
lished by  the  Town  as  aforesaid,  or  shall  on  any  day,  or 
at  any  place,  set  a  Sein  or  Drag  net  in  or  across  said  River 
or  any  part  thereof  he  shall  forfeit  and  pay  Fifteen  Pounds 
for  each  and  every  such  oifence  with  costs  of  suit ;  one 
half  thereof  to  the  use  of  the  poor  of  the  Town  where 
the  offence  shall  be  committed,  and  the  other  half  thereof 
to  him  or  them  who  shall  sue  for  the  same,  to  be  re- 
covered by  action  of  debt  in  any  Court  proper  to  try  the 
same. 

And  be  it  further  enacted,  that  if  any  person  or  persons 
shall  be  found  sweeping  with  any  Sein  or  Drag  net ;  or  if 
any  Sein  or  Drag  net  shall  be  made  use  of  by  any  per- 
son or  persons  whatever  contrary  to  the  true  intent  and 
meaning  of  this  act,  or  any  part  thereof,  it  shall  and 
may  be  lawful  for  any  person  or  persons  to  seize  and  take 
such  Sein  or  Drag  net  to  his  or  their  own  use  and  benefit, 
and  if  prosecuted  therefor,  to  plead  the  general  issue,  and 
give  this  act  in  evidence  as  tho'  the  same  was  especially 
pleaded. 

And  Be  it  further  Enacted  by  the  authority  aforemid^ 
that  the  several  Towns  on  Taunton  Great  River  aforesaid 
shall  at  their  annual  meetings  in  the  month  of  March,  or 
April  in  each  year,  choose  three  or  more  persons,  being 
freeholders  in  their  respective  Towns,  to  see  that  this  act 
be  duly  observed  ;  and  each  person  so  choosen  shall  be 
sworn  faithfully  to  discharge  the  duties  herein  required, 
and  if  any  person  so  chosen  shall  refuse  to  serve  he  shall 
forfeit  and  pay,  to  and  for  the  use  of  the  poor  of  the 
Town  to  which  he  belongs  the  sum  of  Twenty  shillings,  to 
be  sued  for  and  recovered  by  the  Town  Clerk,  and  the 
said  Town  shall  immediately  proceed  to  a  new  choice. 

And  Be  it  further  enacted,  that  an  act  made  and  passed 
the  twenty  second  day  of  February  in  the  Year  of  our 
Lord  one  thousand  seven  hundred  &  ninety,  entitled  "  An 
Act  to  prevent  the  destruction  of  the  Fish  called  Ale- 
wives  in  Taunton  Great  River  (so  called)  in  the  County 
of  Bristol,  and  to  regulate  the  catching  said  Fish  therein 
for  the  future"  be  and  it  is  hereby  repealed,  (excepting 
the  repealing  clause  thereof) .  Provided  that  all  Acts  and 
things  done  and  performed  already  by  virtue  of  said  act, 
are  hereby  and  shall  be  considered  good  and  valid  as  tho' 
this  present  Law  had  never  been  made  ;  and  all  sales  of 
privilege  and  ascertaining  of  places  for  catching  Alewives 


Acts,  1792.  —  Chapter  63.  95 

and  other  Fish  for  the  present  year  shall  be  considered 
good  and  valid  as  tho'  done  under  and  [and]  by  virtue  of 
this  present  act. 

And  be  it  further  enacted  by  the  Authority  aforesaid, 
that  the  purchasers  of  the  privileges  aforesaid  shall  sell  ^^[?f  *^^j^ 
said  Fish  to  any  person  or  persons  who  shall  apply  there- 
for when  they  have  any  on  hand,  at  the  rate  of  two  shil- 
lings per  hundred  for  the  first  three  weeks  after  fish  begin 
to  run  &  at  the  rate  of  one  shilling  &  six  pence  per  hun- 
dred afterwards  and  no  more,  upon  the  penalty  of  forfeit- 
ing Twenty  shillings  for  every  hundred  of  said  Fish  they 
shall  sell  over  &  above  said  prices,  to  be  recovered  by 
action  of  debt  in  any  Court  proper  to  try  the  same.  Pro-  Proviso. 
vided  this  Act  shall  not  opperate  so  as  to  establish  any 
price  at  which  said  fish  shall  be  sold  by  the  purchasers 
of  the  privileges  in  said  Towns  the  present  year. 

Approved  March  19,  1793. 

1793.  — Chapter  63. 

[January  Session,  ch.34.] 

AN  ACT  FOR  INCORPORATING  CERTAIN  PERSONS  FOR  THE 
PURPOSE  OF  BUILDING  A  BRIDGE  OVER  MERRIMACK  RIVER 
IN  THE  COUNTY  OF  ESSEX  AT  BODWELL'S  FALLS  BETWEEN 
ANDOVER  AND  METHUEN,  AND  FOR  SUPPORTING  THE  SAME. 

Whereas  the  erecting  a  Bridge  over  Merrimack  River,  Preamble. 
between  the  towns  of  Andover  and  Methuen  in  the  County 
of  Essex  loill  be  of  public  convenience;  And  whereas 
Samuel  Abbot  esqr,  and  others  have  j)resented  a  petition 
to  this  Court  setting  forth  that  they,  ivith  divers  other per- 
sons  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  Rep- 
resentatives in  General  Court  assembled ,- and  by  the  author- 
ity of  the  s«me,  that  Saml.  Abbot  &  John  White  esquires,  Proprietors  of 
Joseph  Stevens  merchant,  and  Ebenezer  Poor  yeoman,  i'^cor^orafel^^^ 
with  such  other  persons  as  have  with  them  associated  as 
aforesaid,  and  all  those  who  may  hereafter  become  pro- 
prietors in  the  said  bridge  be,  and  they  hereby  are  made 
and  constituted  a  corporation  and  body  politic  for  the 
purpose  aforesaid,  by  the  name  of  the  Proprietors  of 
Andover  Bridge,  and  by  that  name  may  sue  and  be  sued 
to  final  Judgment  and  execution,   and  do  and   sufl:er  all 


96 


Acts,  1792.  —  Chapter  G3. 


Common  Seal, 


Proprietors 
empowered  to 
call  meetiugs, 


elect  officers, 
and  establish 
rules,  &c. 


Proviso. 


Permitted  to 
build  a  bridge. 


Shares 
transferable. 


matters,  acts  and  things  which  liodies  politic  may,  or 
ought  to  do  or  suffer ;  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  further  enacted  by  the  authority  aforesaid^ 
that  the  said  Samuel  Abbot,  John  White  and  Joseph 
Stevens,  or  any  two  of  them,  may  by  advertisement  in 
the  Independent  Chronicle  or  Essex  Journal,  warn  or  call 
a  meeting  of  the  said  proprietors  to  be  holden  at  any 
suitable  time  and  place,  after  five  days  from  the  first  pub- 
lication of  the  said  advertisement :  And  the  proprietors  by 
a  vote  of  the  majority  of  those  present,  or  represented  at 
the  said  meeting,  accounting  and  allowing  one  vote  to  each 
single  share  in  all  cases,  provided  that  no  one  proprietor 
shall  be  allowed  more  than  ten  votes,  shall  choose  a  Clerk, 
who  shall  be  sworn  to  the  faithful  discharg-e  of  his  said 
office,  and  shall  also  agree  on  a  method  for  calling  future 
meetings  ;  and  at  the  same,  or  any  su1:)sequent  meeting 
may  elect  such  Otficers,  and  make  and  establish  such  rules 
and  bye  laws  as  t(?them  shall  seem  necessary  or  convenient 
for  the  regulation  of  said  corporation  for  carrying  into 
effect  the  purpose  aforesaid,  and  for  collecting  the  toll 
hereinafter  granted  &  established ;  and  the  same  rules  and 
bye  laws  may  cause  to  be  executed,  and  may  annex  penal- 
ties to  the  breach  thereof  not  exceeding  forty  shillings : 
Provided  the  said  rules  and  bye  laws  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 
represented,  which  shall  be  filed  with  the  Clerk.  And 
this  Act,  and  all  rules,  bye  laws,  regulations  and  proceed- 
ings of  the  said  Corporation,  shall  be  fairly  and  truly 
recorded  by  the  Clerk  in  a  book  or  books  to  be  provided 
and  kept  for  that  j^urpose. 

And  be  it  further  enacted  by  the  authority  aforesaid 
that  the  said  proprietors  be,  and  they  are  hereby  per- 
mitted and  allowed  to  erect  a  bridge  over  Merrimack  river 
from  Andover  aforesaid  to  Methuen  aforesaid  at  said  Bod- 
well's  falls. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  share  or  shares  of  any  proprietor  in  said  Bridge, 
may  be  transfered  by  deed,  acknowledged  and  recorded 
by  the  Clerk  of  said  Proprietors,  in  a  book  to  be  kept  for 
that  purpose :    And  when  any  share   or  shares  in    said 


Acts,  1792.  —  Chapter  63.  97 

Bridge,  shall  be  attached  as  the  property  of  any  of  the 
said  proprietors  on  mesne  process,  an  attested  copy  of 
said  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  be  it  farther  enacted  by  the  authority  aforesaid^ 
that  for  the  purpose  of  reimbursing  the  said  proprietors  ^^'^'jjgjjg^ 
the  money  by  them  to  be  expended  in  building  and  sup- 
porting the  said  Bridge,  a  toll  be  and  hereby  is  granted 
and  established  for  the  sole  use  and  benefit  of  the  said 
proprietors  according  to  the  rates  following  viz.  For  each  ^*'^*- 
foot  passenger  two  thirds  of  a  penny ;  for  each  horse  and 
rider  two  pence  ;  for  each  horse  and  chaise,  chair  or  sul- 
key  six  pence  ;  for  each  riding  sleigh  drawn  by  more  than 
one  horse  six  pence  ;  for  each  coach,  chariot,  phaeton  or 
other  four  wheeled  carriage  for  passengers,  one  shilling ; 
for  each  curricle  eight  pence  ;  for  each  cart,  sled,  sleigh 
or  other  carriage  of  burthen  drawn  by  one  beast  four  pence  ; 
for  each  waggon,  cart,  sled,  sleigh  or  other  carriage  of 
burthen  drawn  by  two  beasts  six  pence  ;  for  each  waggon, 
cart  or  other  carriage  of  burthen  drawn  by  three  beasts 
or  more,  nine  pence  ;  for  each  horse  or  neat  cattle,  exclu- 
sive of  those  rode,  or  in  carriages,  one  penny  each ;  for 
sheep  and  Swine  at  the  rate  of  four  pence  for  each  dozen ; 
&  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  commence- 
the  day  of  the  first  opening  of  the  said  Bridge  for  passen-  unuauon  of  ° 
gers,   and  shall   continue  to   said  proprietors,   and  their  ^°"' 
heirs  and  assigns  for  the  term  of  fifty  years,  then  to  be  Bridge  to  be 
delivered  up  to  the  Commonwealth  in  good  repair,  and  repair?  ^°°*^ 
said  Bridge  shall  be  kept  in  good,  safe  and  passable  re- 
pair during  the  whole  of  said  term ;    and    also    at   the 
place    where   the   toll    shall   be  received  there   shall   be  sign-bonrd  to 
erected  and  constantly  exposed  to  open  view  a  sign  or 
board  with  the  rates  of  toll  of  all  the  tollable  articles, 
fairly   and    legibly   written    thereon  in    large  or   capital 
letters. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  said  Bridge  be  built  with  suitable  materials  at  Method, 

•    1^  •!  1  11  I'lii       dimensions 

least  twenty  eight  feet  wide  and  well  covered  with  plank,  and  materials 
with  sufficient  rails   on  each  side  &  boarded  up  sixteen  °    "  ^^' 
inches  high  from  the  floor  of  said  bridge  ;  and  that  there 


98 


Acts,  1792.  —  Chapter  64. 


Proprietors  to 
open  roads. 


Act  to  be  void 
in  case  of 
neglect. 


Tracts  of  land 
to  be  annexed 
to  Cliarlemont 
and  Shelburne. 


be  an  arch  or  arches  sufficiently  wide  for  the  passage  of 
rafts,  the  widest  of  which  arches  shall  be  laid  over  the 
channel  of  the  river,  and  shall  be  one  hundred  and  ten 
feet  wide,  at  least ; 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  Judges  of  the  Court  of  Common  pleas  for  the 
County  of  Essex,  shall  on  application  made  therefor, 
after  due  notice  to  all  concerned,  enquire  and  determine 
whether  any  compensation  ought  to  be  made  to  John 
Marston  who  has  exhibited  a  claim  to  a  Ferry,  which  is 
one  mile,  and  three  quarters  of  a  mile  below  said  Bod- 
well's  falls ;  and  if  they  shall  judge  that  the  said  Marston 
is  intitled  to  any  compensation,  they  shall  determine  what 
sum  is  due  on  the  claim  aforesaid ;  and  the  proprietors 
aforesaid  shall  pay  the  same  to  the  said  jNIarston,  within 
the  term  of  one  year  after  the  said  Bridge  shall  be  opened 
for  passengers. 

And  be  it  farther  enacted  by  the  authority  aforesaid, 
that  the  proprietors  aforesaid  at  their  own  expence  shall 
provide  and  open  roads  from  said  Bridge  to  roads  which 
are  already  laid  open,  &  well  prepared,  leading  from  said 
Bridoe  to  the  towns  of  Salem  and  Boston. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  if  the  said  proprietors  shall  neglect  for  the  space  of 
three  years  from  the  passing  this  Act  to  build  said  Bridge, 
then  this  Act  shall  ])e  void  and  of  none  effect. 

Apjiroved  March  19,  1793. 

1793.  — Chapter  64. 

[January  Session,  eh.  35.] 

AN  ACT  TO  ANNEX  A  CERTAIN  GORE  OF  LAND  LYING  ON  EACH 
SIDE  OF  NORTH  RIVER,  SO  CALLED,  BETWEEN  THE  TOWNS  OF 
SHELBURNE  &  CHARLEMONT  IN  THE  COUNTY  OF  HAMPSHIRE, 
TO  THE  SAID  TOWNS  OF  SHELBURNE  &  CHARLEMONT. 

£e  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of 
tJie  same,  that  from  and  after  passing  this  act  all  that 
tract  of  land  lying  between  the  Town  of  Charlemont  in 
the  County  of  Hampshire  &  North  River,  so  called,  not 
before  incorporated  to  the  middle  thereof  with  the  inhab- 
itants thereon  shall  be  annexed  to  the  Town  of  Charle- 
mont, and  all  that  tract  of  land  lying  between  the  Town 
of  Shelburne  &  the  said  River  not  before  incorporated 
unto  the  middle  thereof  with  the  Inhabitants  thereon  shall 


Acts,  1792.  —  Chapter  65.  99 

be  annexed  to  the  Town  of  Shelburne,  there  to  be  taxed, 
do  duty  and  receive  privilidges  as  other  Inhabitants  and 
lands  belonging  to  said  Towns  of  Shelburne  and  Charle- 
mont  — 

And  be  it  further  enacted  hy  the  authority  aforesaid 
that  the  Towns  of  Shelburne  &  Charlemont  aforesaid  shall  Towns  to  buiid 

c  T      n  •  !•»  I'lT  •  &  maintain  a 

irom  and  atter  the  passing  this  Act,  build  &  forever  after  bridge. 
maintain   a  Bridge   across  the  River  aforesaid,  in  equal 
Shares,    lorovided  nevertheless.  Proviso. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  for  the  encouragement  of  the  aforesaid  Towns  build- 
ins:  &  maintainino-  said  Bridge,  there  shall  be  allowed  & 
paid  out  of  the  Treasury  of  the  County  of  Hampshire, 
the  Sum  of  Forty  Pounds  to  the  Towns  of  Charlemont  & 
Shelburne  aforesaid  in  equal  shares. 

And  be  it  further  enacted  by  the  Authority  aforesaid, 
that  the  Justices  of  the  Court  of  General  Sessions  of  the  Justices 
Peace  for  the  County  of  Hampshire,  are  hereby  authorized  assess  cost. 
and  empowered  to  assess  the  aforesaid  sum  of  Forty 
Pounds,  on  the  Inhabitants  of  the  County  aforesaid,  in  the 
same  way  and  manner  as  they  are  authorized  by  law  to 
assess  other  County  Taxes. 

And  be  it  further  enacted,  that  there  be  allowed  and  J^u^onViTe 
paid  out  of  the  Treasury  of  this  Commonwealth  the  sum  Treasury. 
of  Twenty  three  Pounds  thirteen  shillings  &  two  pence, 
it  being  the  principal  with  the  Interest  for  which  said 
Gore  of  land  was  sold  by  this  Commonwealth  and  that  his 
Excellency  the  Governor  with  the  advice  of  Council,  be 
and  he  hereby  is  requested  to  issue  his  Warrant  on  the 
Treasury,  for  the  sum  of  Twenty  three  Pounds  thirteen 
shillings  &  two  pence,  for  the  purposes  aforesaid,  to  be 
paid  to  the  Treasurers  of  the  respective  Towns  of  Shel- 
burne &  Charlemont  in  equal  proportions. 

Approved  March  19,  1793. 

1793.  —  Chapter  65. 

[January  Session,  ch.  36.] 
AN  ACT    IMPOWERING    JOHN  LANGDON    TO    ERECT    A    BRIDGE 
OVER  PART    OF    THE    RIVER  PISCATAQUA,   IN    THE   COUNTY 
OF  YORK. 

Whereas  a  Bridge  from  the  main  shore  in  Kittery  to 
the  Island  called  Langdon's  Island  in  Kittery  will  be  of 
public  utility  — 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 


100 


Acts,  1792.  —  Chapter  65. 


John  Langdon 
authorized  to 
build  a  bridge. 


Proviso. 


Toll  granted. 


Proviso. 


lives  in  General  Court  assembled,  cP  by  the  authority  of 
the  saine.  That  John  Langdon  of  Portsmouth  in  the 
County  of  Rockingham,  &  State  of  New  Hampshire  Esqr. 
be  and  he  hereby  is  empowered  and  authorized  to  erect 
a  Bridge  over  the  part  of  Piscataquay  River,  which  lies 
between  the  main  sliore  of  Kittery  and  the  Island  in  said 
River,  called  Piscataqua  River,  commonly  called  Lang- 
don's  Island,  and  that  the  fee  of  the  said  Bridge  shall  be 
in  the  said  Langdon  his  heirs  and  assigns  forever,  on 
condition  that  the  same  be  kept  in  good  repair,  provided 
that  after  the  expiration  of  Fifty  years  the  Commonwealth 
shall  have  the  authority  to  regulate  the  toll  thereof. 

And  be  it  further  enacted,  that  there  be  granted  and 
allowed  unto  the  said  John  Langdon,  his  heirs  and  assigns, 
the  following  Tolls,  vizt.,  for  every  single  person  one 
cent ;  for  every  single  horse  &  rider  three  cents  ;  for  each 
carriage  drawn  by  one  Horse  ten  cents ;  for  each  four 
wheel  Carriage  drawn  by  two  Horses  thirteen  cents ;  for 
each  Cart,  Sled  or  Sleigh  drawn  by  one  beast  eight  Cents  ; 
for  each  waggon,  cart,  sled  or  sleigh  drawn  by  more  than 
one  beast  thirteen  cents ;  for  Sheep  and  Swine  six  cents 
per  dozen ;  for  neat  cattle  one  Cent  each. 

Provided  the  said  John  Langdon  shal 
unto  Alexander  Rice  of  said  Kittery  Innholder,  &  to  his 
heirs  &  assigns  forever,  the  exclusive  right  &  privilige  to 
keep  a  ferry  from  the  same  Island  to  Portsmouth,  in  the 
same  way  and  manner  as  he  now  improves  the  said  ferry 
from  his  store  in  Kittery,  and  shall  build  and  maintain  for 
the  said  Rice  a  Wharf  and  [&]  Ferry  way  at  the  upper  part 
of  the  said  Island  in  the  most  convenient  place  for  a  ferry 
to  be  kept ;  and  shall  grant  the  said  Rice  his  heirs  and 
assigns  as  aforesaid  a  lot  of  land  sixty  feet  square  adjoin- 
ing said  Wharf  or  Ferryways,  sufficient  to  build  a  house  to 
accommodate  the  ferryman  &  passengers  from  the  inclem- 
ency of  the  weather,  which  privilige  of  the  ferry,  wharf 
way  &  lot  for  a  house  as  aforesaid  shall  be  &  remain  to 
the  said  Rice  his  heirs  and  assigns  forever,  on  account  of 
the  loss  they  sustain  by  building  the  Bridge  aforesaid  & 
if  the  said  Alexander  cannot  agree  with  the  said  John  by 
arbitration  or  otherwise,  respecting  a  full  compensation 
for  the  loss  aforesaid,  it  shall  be  in  the  power  of  the  Court 
of  Common  Pleas  in  &  for  said  County  of  York,  upon 
application  of  said  Alexander,  after  due  notice  to  said 
John,  to  adjudge  &  determine  what  further  damages  shall 


give  and  grant 


Acts,  1792.  —  Chapter  66.  101 

be  paid  him  the  said  Alexander  by  the  said  John  therefor  : 
Provided  also,  that  if  the  said  John  Langdon  his  heirs 
and  assigns  as  aforesaid  shall  unnecessarily  neglect  to 
keep  said  Bridge  in  good  repair  his  or  their  right  title  & 
Interest  in  the  same  Bridge,  and  all  immunities  &  priv- 
iliges  granted  by  this  Act  shall  cease  and  determine,  and 
all  the  priviliges  of  said  Bridge  shall  revert  to  the  Com- 
monwealth. 

A.nd  be  it  further  enacted  by  the  authority  aforesaid, 
that  the   said  Alexander  Rice  and   all   persons  actually  certain  persons 
employed  by  him  his  heirs  and  assigns  forever  (for  the  f?ee.^^** 
purpose  of  keeping  &  attending  the  ferry  as  aforesaid) 
shall  have  liberty  to  pass  &  repass  the  said  Bridge  toll 
free. 

And  be  it  further  enacted  that  the  said  ferry  and  rates  Ferry  to  be 
of  Ferrage   shall    be  regulated   by  the  Court  of  General  [hrcou^rtof 
Sessions  of  the  Peace  for  the  County  of  York.  Sessions. 

And  be  it  farther  enacted  that  the  said  John  Langdon  Act  to  be  void 
shall  be  allowed  the  space  of  three  Years  and  no  longer  to 
erect  said  Bridge,  and  that  if  the  same  shall  not  be  erected 
within  that  space  of  time  from  the  passing  this  Act  then 
this  Act  shall  be  void. 

And  be  it  further  enacted  that  at  the  place  where  the  sign-board  to 
toll  shall  be  received,  there  shall  be  erected  by  the  said 
John  Langdon  and  exposed  to  open  view  constantly,  a 
board  or  sign  with  the  rates  of  toll  and  of  all  the  tolle- 
able  articles,  fairly  &  legibly  written  thereon,  in  large  or 
capital  letters,  and  at  all  times  when  the  toll  gatherer 
shall  not  attend  his  duty  the  gate  or  gates  shall  be  left  open. 

Approved  March  22,  1793. 


1793.  — Chapter  66. 

[January  Session,  ch.  37.] 

AN  ACT  TO  INCORPORATE  A  NUMBER  OF  THE  INHABITANTS  OF 
THE  TOWNS  OF  ROCHESTER  &  MIDDLEBOROUGH  IN  THE 
COUNTY  OF  PLYMOUTH  AND  OF  FREETOWN  IN  THE  COUNTY 
OF  BRISTOL,  INTO  A  SEPARATE  PRECINCT  BY  THE  NAME  OF 
THE  CONGREGATIONAL  PRECINCT  IN  ROCHESTER,  MIDDLE- 
BOROUGH  AND   FREETOWN. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
in  General  Court  assembled  and  by  the  authority  of  the 
same,  that  the  Inhabitants  of  the  third  Parish  in  Rochester 
and  sundry  Inhabitants  of  the  first  precinct  in  Rochester, 


102  Acts,  1792.  —  Chapter  66. 

of  the  first  and  second  precinct  in  Middleborough  and  of 
tlie  Town  of  Freetown  being  all  those  who  are  or  shall 
be    comprehended  within  the  following   limits,  To  wit, 

Boundaries.  beffininff  in  the  Town  line  between  New  Bedford  and 
Rochester,  betwixt  the  Houses  of  Thomas  Allen  and 
Barnabas  Hammatt,  thence  running  in  the  Highway  as  it 
now  runs  to  Jonathan  Bates's  dwelling  house,  thence  on 
a  straight  line  to  Sanmel  Rider's  dwelling  house,  thence 
on  a  straight  line  to  Seth  Brigs's  dwelling  house,  thence 
east  from  said  Brigs's  dwelling  house,  to  Wareham  line, 
thence  northerly  in  Wareham  line  untill  it  comes  to  Car- 
ver line,  thence  still  northerly  in  the  line  of  Carver 
untill  it  extends  so  far  north  as  that  a  due  west  line 
will  strike  the  northern  line  of  Nehemiah  Bennett's  home- 
stead ;  thence  from  the  line  of  Carver  in  said  due  west 
course,  untill  it  comes  to  the  north  east  corner  of  said 
Bennett's  homestead,  thence  in  the  line  of  said  Bennett's 
land  to  the  northwest  corner  thereof  at  Pockyshire  Pond, 
thence  on  a  straight  line  across  Assawampset  pond  in  such 
a  course  as  to  strike  the  dividing  line  between  the  lands 
of  Nathaniel  Foster  and  Ebenezer  Briggs,  thence  to  follow 
the  said  line  between  the  said  Foster's  and  Brigg's  land 
untill  it  comes  to  the  long  Pond,  thence  southerly  up  the 
said  long  pond  in  such  a  course  as  to  strike  the  line  be- 
tween the  thirty  five  acre  lots  in  Pocasset  purchase  (so 
called)  and  the  Bolton  Cedar  swamp  lotts  in  said  purchase, 
thence  southerly  in  the  line  between  said  lotts  to  the  line 
of  New  Bedford,  thence  in  said  New  Bedford  line  to  the 
first  mentioned  bound,  with  their  families  and  estates  be 
and  they  herel^y  are  incorporated  into  a  separate  Precinct 

Congregational  i^y  the   name   of  the    ConoTeo-ational    Precinct   in  Roch- 

i  r6cinct  id  •^  ^       ~ 

Rochester, etc.    estcr,  Middlcborough  and  Freetown,  with  all  the  powers, 
incorporated.     pi-Jvilidges,    immunities,    duties    and    obligations    which 
other   Precincts    in   this    Commonwealth   are  intitled    or 
subjected  to  hy  Law. 

A7id  be  it  farther  enacted  hy  the  authority  aforesaid, 
that  for  the  accommodation  of  any  person  or  persons  who 
may  by  their  situation  upon  the  lines  aforesaid  be  exposed 
to  a  division  of  their  homestead  estate  and  to  taxation 
therefor  in  different  precincts,  in  all  such  cases,  the  whole' 
of  the  homestead  estate  of  such  persons  respectively  shall 
be  considered  as  belonging  to  the  precinct  which  may  in- 
Proviso.  elude  the  dwelling  house  and  polls  of  such  persons  ;  Pro-: 


Acts,  1792.  —  Chapter  66.  103 

vided  however  that  the  aforesaid  Jonathan  Bates  and  his 
homestead  estate  shall  be  considered  as  belonging  to  the 
said  new  precinct  by  this  act  incorporated,  and  the  afore- 
said Seth  Briggs  &  Samuel  Eider  and  their  homesteads 
shall  be  considered  as  belonging  to  the  first  precinct  in 
Rochester. 

Andj  he  it  further  enacted  by  the  authority  aforesaid, 
that  any  persons  heretofore  belonging  to  the  first  precinct  ^|g"°°*g  ^^^y 
in  Middleborough  who  shall  now  fall  within  the  lines  of  continue  to  be- 
the  congregational  precinct  by  this  act  established,  and  precinct. 
who  shall  be  desirous  still  to  belong  to  the  said  first  pre- 
cinct in  Middleborough,  shall  upon  certifying  such  their 
desire  in  writing   to  the   Clerk  of    said  Congregational 
precinct,  at  any  time  within  three  months  after  the  pass- 
ing of  this  act  be  considered  as  belonging  with  their  home- 
stead estates  to  the  said  first  precinct  in  Middleborough. 

A.nd  ichereas  the  third.  Parish   in  Rochester  is  by  this  Preamble. 
Act  discontinued,  &  it  is   necessary  that  some  provission 
shoidd  be  made  respecting  the  parochial  concerns  of  said 
parish . 

Be  it  enacted  by  the  authority  aforesaid  that    for  the  Third  parish 

.  1  ,,1  ^       f         ''^  1  •    1  in  Rochester  to 

management  and  settlement  ot  said  parochial  concerns,  continue  one 
the  said  third  parish  in  Rochester  shall  have  existence  ye"'o°g®''- 
and  continuance  for  one  year  next  following  the  date  of 
this  act ;  and  any  meetings  of  said  parish  duly  warned  and 
held  and  any  proceedings  therein  or  thereupon  respecting 
the  debts  credits  assessments  or  other  pecuniary  concerns 
of  said  parish  shall  be  valid  and  effectual  in  the  same 
manner  as  if  this  act  had  not  been  passed. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  Nathaniel  Morton  Esqr.  be  and  he  hereby  is  authorized  Esq!"  t^issue"' 
to  issue  his  Warrant,  directed  to  some  principal  Inhabitant  warrant. 
within  the  said  new  Congregational  precinct  in  Rochester, 
Middleborough  and  Freetown,  requiring  him  to  warn  the 
Inhabitants  of  said  precinct  qualified  by  Law  to  vote  in 
precinct  meetings,  to  assemble  at  some  suitable  time  and 
place  in  said  precinct,  to  choose  such  officers  as  precincts 
are  by  Law  empowered  to  choose  in  the  Month  of  March 
or  April  annually',  and  to  transact  all  matters  and  things 
necessary  and  lawful  to  be  done  in  the  said  precinct. 

Approved  March  22,  1793. 


104 


Acts,  1792. 


Chapters  67,  68. 


Preamble. 


Proprietors 
authorized. 


1793.  — Chapter  67. 

[January  Session,  ch.  38.] 

AN  ACT  IN  ADDITION  TO  AN  ACT,  INTITLED  "  AN  ACT  FOR  IN- 
CORPORATING CERTAIN  PERSONS  FOR  THE  PURPOSE  OF 
OPENING  A  CANAL  FROM  THE  HEAD  OF  NEW  MEADOW  RIVER 
TO  MERRY  MEETING  BAY." 

Whereas  the  proprietors  mentioned  in  the  Act  to  which 
this  is  an  addition  have  at  considerable  expence  opened  a 
Canal  from  JSTeiu  Meadoiv  river  to  the  icaters  of  the  river 
Kenebeck  a  little  below  Merry  meeting  Bay^  at  a  place 
called  Welch's  creek,  it  having  been  found  impracticable 
to  open  a  Canal  directly  to  the  Bay  aforesaid,  by  reason 
of  rocks  and  other  obstructions ; 

And  whereas  it  is  represented  to  this  Court,  that  a  Canal 
from  New  Meadow  river  to  Kenebeck  river  at  said 
Welch's  Creek  ivill  accommodate  the  jjublic  : 

Be  it  therefore  Enacted  by  the  Senate  and  House  of 
Bepresentatives  in  General  Court  assembled  and  by  the 
authority  of  the  same,  that  the  proprietors  mentioned  in 
the  Act  to  which  this  is  an  addition,  and  their  associates 
be,  and  hereb}^  are  authorized,  and  impowered  to  open  and 
keep  open  a  Canal  from  the  head  of  New  Meadow  river 
to  Kenebeck  river,  at  the  place  called  Welch's  creek,  a 
little  below  ]\Ierry  meeting  Bay ;  and  the  said  proprietors 
shall  possess  and  enjoy  all  the  rights  and  priviledges  under 
the  same  limitations  and  restrictions  made  and  provided 
in  the  Act  to  which  this  is  an  addition,  the  particular 
course  of  the  said  Canal  therein  discribed  notwithstand- 
ing. Approved  March  22,  1793. 


Preamble. 


1793.  — Chapter  68. 

[January  Session,  ch.  39.] 

AN  ACT  TO  INCORPORATE  CERTAIN  PERSONS  TO  MANAGE  THE 
FUNDS  OF  THE  FIRST  CONGREGATIONAL  SOCIETY  IN  TAUN- 
TON IN  THE  COUNTY  OF  BRISTOL. 

Whei^eas  the  first  Congregational  Society  in  the  town 
of  Taunton  have  petitioned  the  Legislature  for  an  act  of 
incorporation,  therein  appointing  &  authorising  certain 
persons  as  Trustees  to  sell  the  real  estate  belonging  to  said 
Society,  &  the  net  proceeds  thereof,  with  the  other  monies 
of  said  Society  to  fund  for  the  purposes  of  supporting  a 
Congregational  Teacher  of  Piety,  Beligion  &  Morality : 


Acts,  1792.  —  Chapter  68.  105 

Be  it  enacted,  by  the  Senate  &  House  of  Representa- 
tives in  General  Court  Assembled  &  by  the  Authority  of 
the  same^  that  James  Williams,  Samuel  Fales  &  Samuel  Jpp'Jntljj  ^nd 
Leonard  Esqrs.  Messrs.  Ebenezer  Dean,  Job  Godfrey,  authorized. 
Joseph  Dean  &  Jonathan  Ingley  junr.  be  &  they  hereby 
are  appointed  &  authorized  Trustees  of  said  Society,  to 
receive,  take  &  hold  in  Trust  for  said  Society,  &  to  man- 
age for  the  purpose  of  supporting  a  public  Congrega- 
tional Teacher  of  Piety,  Religion  &  Morality  in  said 
Society,  until  other  Trustees  shall  be  appointed  in  their 
stead,  all  &  singular  the  grants,  donations  &  estates, 
whether  real  or  personal,  to  which  the  said  Society  is,  or 
shall  be  entitled,  during  the  continuance  in  office  of  the 
said  Trustees. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  it  shall  &  may  be  lawful  for  said  Society,  at  any  time  society  empow. 
after  the  passing  this  Act,  if  they  see  cause,  by  their  fands.°  ^^ 
Trustees  or  otherwise,  to  make  sale  of  all  or  part  of  any 
lands  holden  by  said  Society  as  Parsonage  lands,  &  the 
net  proceeds  thereof  to  vest  in  the  hands  of  said  Trustees, 
to  fund  &  manage  for  said  Society,  as  in  this  act  is  here- 
after provided  &  directed. 

And,  whereas  said  Society  have  contemplated  the  build-  Preamble. 
ing  a  new  Meeting  flouse  by  the  sale  of  Peu's  therein  when 
built, 

Beit  further  enacted  by  the  authority  aforesaid,  that  Monies  to  be 

•^  *^  »/•>'■'  coniiiiittBQ  to 

the  surplus  of  money  more  than  sufficient  for  building  &  the  care  of 
finishing  the  said  Meeting  House,  if  any  there  be,  arising 
from  the   sale  of  the   Pews  aforesaid,  shall  be  lodged  in 
the  hands  of  said  Trustees,  in  trust  for  said  Society  for 
the    i^urpose  of  maintaining  such  Teacher,   &  if  it  shall 
appear  that  the  funds  of  said  Society,  together  with  the 
rents  &  profits  of  any  estate  real  or  personal  holden  by 
said  Society  in  their  corporate  capacity,  produce  an  in-  how  appro- 
come  more  than  sufficient  to  maintain  said  Teacher  &  for  p"^'^*^- 
defreying    other   incidental    charges    arising   within    said 
Corporation,  then  such  surplus  shall  be  appropriated  to 
the  use  &  benefit,  &  for  the  purpose  of  maintaining  a  free 
School  in  said  Society,  provided  the  income  of  all  such  Proviso, 
estates  of  every  kind,  shall  at  no  time  exceed  the  annual 
income  of  Six  hundred  Pounds. 

And  be   it  further  Enacted  by  the  authority  aforesaid, 
that  said  Society  shall  annually  in  the  month  of  March  or  Trustees  to  be 
April  at  a  legal  meeting  of  said  Society  to  be  holden  afiy?  °  ^ 


106  Acts,  1792.  —  Chapter  68. 

within  the  same,  appoint  &  authorize  seven  meet  persons 
belonging  to  said  Society  as  Trustees,  who  being  duly 
sworn  before  a  Justice  of  the  Peace  to  the  faithful  dis- 
charge of  their  Trust,  according  to  their  best  ability,  shall 
be  the  Trustees  of  said  Society  &  Successors  of  the  Trus- 
tees herein  before  appointed,  &  shall  have  authority  & 
shall  require,  receive,  take,  hold  &  manage  for  said 
Society  in  trust,  &  for  the  purposes  aforesaid,  all  and 
singular  the  said  Monies,  donations,  purchases  &  all  other 
the  Estate  both  real  &  personal  of  the  said  Society.  And 
the  said  Trustees  as  well  those  herein  appointed,  as  those 
who  shall  be  appointed  &  authorized  in  manner  aforesaid 
Empowered,  shall  havc  power  to  let  to  interest,  upon  public  or  private 
credit,  as  to  them  shall  seem  best,  &  from  time  to  time, 
to  call  in,  demand,  &  recover  any  monies  belonging  or 
which  shall  belong  to  said  Society  as  aforesaid  ;  &  also  to 
let  to  farm,  &  otherwise  in  their  discretion  to  improve  & 
manage  all  other  the  Estate  of  said  Society,  whether  real 
or  personal,  which  shall  be  by  said  Trustees  received  as 
aforesaid,  &  shall  be  allowed  all  reasonable  disbursements, 
expences  &  losses  which  shall  &  may  unavoidabh"  or  rea- 
sonably happen  &  arise  in  due  execution  &  performance 
of  their  said  Trust :  And  the  said  Trustees  shall  at  the 
annual  meeting  aforesaid  lay  before  said  Society  a  full 
statement  in  writing  of  all  &  singular  the  monies,  effects, 
credits  &  estate  of  the  said  Society  in  the  hands  of  said 
Trustees,  &  of  all  disbursements,  expences  &  losses  which 
shall  have  happened  or  arisen  in  the  execution  of  their 
said  Trust :  And  no  sale  of  any  Land,  or  other  real  estate 
belonging  to  said  Society,  &  no  purchase  of  any  real 
estate,  to  be  made  by  any  monies,  or  received  in  ex- 
change, unless  upon  Mortgage  for  money  lent  being  a 
collateral  security,  shall  be  valid  &  effectual  to  pass  or 
hold  such  Lands  or  Tenements,  unless  such  sale  or  pur- 
chase shall  be  ordered,  made  or  accepted  by  the  vote  or 
agreement  of  said  Society,  at  a  legal  meeting  to  be  called 
&  holden  for  that  purpose,  &  with  the  consent  &  concur- 
rence of  a  majority  of  the  said  Trustees  for  the  time 
being. 

And  be  it  further  enacted  hy  the  authority  aforesaid^ 
Time  when        that  the  Trustccs  to  be  chosen  by  said  Society  as  Succes- 
be  appointed,     sors  to  those  named  in  this  Act  shall  be  chosen  &  ap- 
pointed at  their  meeting  in  the  month  of  March  or  April, 
which  will  be  in  the  year  of  our  Lord,  one  thousand  seven 


Acts,  1792.  —  Chapters  69,  70.  lOT 

hundred  &  ninety  four,  at  which  time  the  offices  of  the 
Trustees  named  in  this  Act  shall  expire  unless  rechosen, 
by  said  Society  at  such  Meeting. 

Ap2:)7-oved  March  22,  1793. 

1792.  — Chapter  69. 

[January  Session,  ch.  40.] 

AN  ACT  IN  ADDITION  TO  AN  ACT,  PASSED  IN  THE  YEAR  OF  OUR 
LORD  ONE  THOUSAND  SEVEN  HUNDRED  &  EIGHTY  NINE, 
INTITLED,  "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,  infilled,  "-4n  Act  deterinining  preamble. 
ichat  ti'ansactions  shall  be  necessary  to  constitute  the  settle- 
ment 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  men- 
tioned, who  shall  come  into,  S  reside  in  any  Town  or  Dis- 
trict for  the  space  of  two  years,  without  being  warned  to 
depart  the  same,  shoidd  be  deemed  &  taken  to  be  Inhabitants 
of  such  Town  or  District;  And  whereas  it  appears  expe- 
dient that  the  time  of  giving  notice  d;  learning  to  depart 
as  aforesaid,  shall  be  extended  &  prolonged;  Therefore, 
Be  it  Enacted  by  the  Senate  &  House  of  Repi-esenta- 
tives  in  General  Court  Assembled  &  by  the  authority  of 
the  same,  that  no  Person  shall  be  deemed  or  taken  to  be  Time  of  resi- 
an  Inhabitant  of  any  Town  or  District,  by  virtue  of  resi-  fo  conslkutra^ 
dence  therein,  unless  he  or  she  shall  have  resided  in  the  citizen. 
same  for  the  space  of  Five  years  from  the  time  of  passinor 
the  act  to  which  this  is  an  addition,  without  being  warned 
to  depart  as  aforesaid ;  the  above  recited  act  notwith- 
standing. Approved  March  22, 1793. 

1792.— Chapter  70. 

[January  Session,  ch.  41.] 

AN  ACT  FOR  ALTERING  AND  DETERMINING  THE  PLACES  OF 
HOLDING  THE  SUPREME  JUDICIAL  COURT  IN  THE  COUNTY 
OF  LINCOLN  FOR  THE  COUNTIES  OF  LINCOLN,  HANCOCK  & 
WASHINGTON. 

Be  it  enacted  by  the  Senate  and  House  of  Bepresenta- 
tives  in  General  Court  assembled  &  by  the  authority  of 
the  sa^ne,  ihixi  the  Supreme  Judicial  Court  appointed  bv  ?'*<=®^°'',^°'<^- 

'  1  1      ■  1        V^l  V    ing  Court  m 

Law  to  be  holden  at  PoAvnalborouoh  in  the  County  ot  Eastern coun- 


108 


Acts,  1792.  —  Chapter  71. 


Lincoln,  for  the  Counties  of  Lincoln,  Hancock  &  Wash- 
ington shall  for  the  future  be  holden  at  that  part  of  Pow- 
nalborough  aforesaid,  called  AViseasset,  &  at  Hallowell  in 
said  County  of  Lincoln,  successively  &  alternately,  at  the 
time  appointed  by  Law  for  holding  the  same.  And  that 
the  next  Session  thereof  shall  be  at  said  Wiscasset,  any 
Law  to  the  contrary  notwithstanding. 

Approved  March  22,  1793. 


Preamble.' 


Proprietors  of 
the  Haverhill 
Bridge  incor- 
porated. 


Common  Seal. 


Persons  author- 
ized to  call  a 
meeting. 


1792.  — Chapter  71. 

[January  Session,  ch.  42.] 

AN  ACT  FOR  INCORPORATING  CERTAIN  PERSONS  FOR  THE 
PURPOSE  OF  BUILDING  A  BRIDGE  OVER  MERRIMACK  RIVER, 
BETWEEN  THE  TOWNS  OF  HAVERHILL  AND  BRADFORD  IN 
THE  COUNTY  OF  ESSEX,  AND  FOR  SUPPORTING  THE  SAME. 

Whereas  a  Bridge  over  Merrimack  river  between  the 
toivns  of  Haverhill  and  Bradford  in  the  County  of  Essex 
ivoidd  be  of  jniblic  convenience;  And  icJiereas  Samuel 
White  esqr.  and  others  have  presented  a  petition  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  sajne  a?id  to  be  incor- 
porated for  that  purpose ; 

Be  it  therefore  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assernbled,  and  by  the 
authority  of  the  same,  that  Samuel  White  &  Nathaniel 
Saltonstall  esqrs.  ]\Iessieurs  Daniel  Appleton,  James  Dun- 
can Junr.  Samuel  Walker,  Daniel  Hardy,  Nathaniel 
Thurston,  Francis  Kimball,  Edmund  Kimball,  junr.  & 
William  Cranch  with  such  other  persons  as  have  associ- 
ated with  them  as  aforesaid,  and  all  those  who  may  here- 
after become  proprietors  in  said  Bridge  be,  &  they  are 
hereby  made  and  constituted  a  Corporation  and  body  pol- 
itic for  the  purpose  aforesaid  by  the  name  of  the  pro- 
prietors of  the  Haverhill  Bridge  ;  and  by  that  name  may 
sue  and  be  sued  to  final  judgment  and  execution,  and 
do  &  sufler  all  matters  acts  and  things,  which  bodies 
politic  may  or  ought  to  do  or  sufier ;  and  the  said  Corpo- 
ration shall  and  may  have  &  use  a  common  seal,  and  the 
same  may  break  &  alter  at  pleasure. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  said  Samuel  White,  Daniel  Appleton  &,  James 
Duncan  Junr.,  or  any  two  of  them  may  by  advertisement 


Acts,  1792.  —  Chapter  71.  109 

in  the  Essex  Journal,  and  by  posting  up  an  advertisement 
in  the  towns  of  Haverhill  and  Bradford  respectively,  warn 
or  call  a  meeting  of  the  said  proprietors,  to  be  holden  at 
any  suitable  place  and  time,  after  six  days  from  the  first 
publication  and  posting  u})  of  said  advertisement ;  and  the 
said  Proprietors  by  a  vole  of  the  majority  of  those  pres- 
ent or  represented  at  said  meeting  (accounting  &  allow- 
ing one  vote  to  each  single  share  in  all  cases)  shall  choose 
a  Clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  fieaofficerV* 
the  duty  of  his  said  office  and  shall  also  aijree  on  a  method  and  establish 

*/  o  rules. 

of  calling  future  meetings  ;  and  at  the  same  or  any  subse- 
quent meetings,  may  elect  such  officers,  and  make  and 
establish  such  rules  &  bye  laws  as  to  them  shall  seem  nec- 
essary or  convenient  for  the  regulation  and  government 
of  the  said  Corporation,  for  carrying  into  efiect  the  pur- 
pose 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 ;  P?'0-  Proviso. 
vided  the  said  rules  and  bye  laws  be  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 
represented,  which  shall  be  filed  by  the  Clerk.  And  this  , 
Act,  and  all  rules  and  bye  laws,  regulations,  votes  and 
proceedings  of  said  Corporation  shall  be  fairly  and  truly 
recorded  by  the  said  Clerk,  in  a  Book  or  Books  to  be 
provided  and  kept  for  that  purpose. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  said  proprietors  be,  and  thev  are  hereby  per-  Piace  ^vhere  the 

,  ,*'•  */!  bridge  18  to  be 

mitted  to  erect  a  bridge  over  Merrimack  river  from  the  bum. 
town's  landing  place   and  public  high  way  in  Haverhill 
aforesaid,  between  land  of  Samuel  White  esqr.,  and  land 
late  of  Isaac  Osgood  esqr.  deceased,  to  land  of  Samuel 
Trask  or  Edmund  Kimball  in  Bradford  aforesaid. 

A7id  be  it  furtJter  enacted  by  the  authority  aforesaid, 
that  the  said  proprietors  be,  and  they  are  hereby  author-  Proprietors 
ized  and    impowered    to  purchase  any   real  estate   they  pur^chase^rear 
may  think  it  necessary  or  convenient  to   purchase,  for  ^^t^'^- 
eflecting  the    purpose  aforesaid,   to  the  amount  of  one 
thousand  pounds  ;  and  to  hold  the  same  in  fee  simple  : 
And  that  the  share  or  shares  of  any  proprietor  in  said  fr^nsflrabie. 
real    estate   and    bridge,    may    be    transfered    by    deed 
acknowledged  and  recorded  by  the,  Clerk  of  said  propri- 


110  Acts,  1792.  —  Chapter  71. 

etors  in  a  Book  to  be  kept  for  that  purpose  :  And  when 
any  share  or  shares  in  said  bridge  and  estate,  shall  be 
attached  on  mesne  process,  as  the  property  of  any  of  said 
proprietors,  an  attested  copy  of  such  process,  shall  be 
left  with  the  Clerk  of  said  proprietors,  at  the  time  of  such 
attachment,  otherwise  the  same  shall  be  void. 

And  be  it  further  enacted  hy  the  authority  aforesaid, 

To^i^estab-  that  for  the  purpose  of  reimbursing  the  said  proprietors 
the  monies  by  them  expended,  or  to  be  expended  in  build- 
ing and  supporting  the  said  Bridge,  a  toll  be,  and  hereby 
is  granted  and  established  for  the  sole  benefit  of  the  said 

Rates.  proprietors  according  to  the  rates  following,  viz.  For  each 

foot  passenger  two  thirds  of  a  penny  ;  for  each  person 
and  horse  three  pence  ;  for  each  Wheelbarrow,  hand  Cart 
or  other  vehicle,  capable  of  carrying  like  weight  two 
pence  ;  for  each  horse  and  chaise,  chair  or  sulkey  eight 
pence  ;  for  each  riding  sley,  drawn  by  one  horse,  six  pence  ; 
for  each  riding  sley  drawn  by  more  than  one  horse  nine 
pence  ;  for  each  coach,  charriot,  phwton  or  other  four 
wheeled  carriage  for  passengers  one  shilling  and  six 
pence  ;  for  each  curricle  one  shilling  ;  for  each  cart,  sled, 
sley  or  other  carriage  of  burthen,  drawn  by  one  beast,  six 
pence  ;  for  each  waggon,  cart,  sled,  sley  or  other  carriage 
of  burthen  drawn  by  more  than  one  beast,  and  not  more 
than  four  beasts,  nine  pence;  for  each  waggon,  cart,  sled, 
sle}^  or  other  carriage  of  burthen  drawn  by  more  than 
four  beasts,  at  the  rate  of  two  pence  for  each  beast ;  for 
each  horse  or  neat  Cattle  other  than  those  rode  or  in 
carriages,  two  pence  ;  for  each  sheep  or  swine  two  thirds 
of  a  penny ;  and  to  each  team  one  person  only  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 

Commencement  or  gatcs  shall  he  left  opcu :  And  the  said  toll  shall  com- 

and  duration  of  ^  j_i         i  />  /i        <-•      j_  •  !>        •  ^    i     •  ^  ^ 

the  toll.  mence  on  the  day  or  the  first  openmg  oi  said  bridge  tor 

passengers,  and  shall  continue  to  the  said  proprietors, 
their  heirs  and  assigns  for  the  term  of  fifty  years,  and 
after  said  term  to  be  delivered  up  to  the  use  of  the  Com- 
monwealth in  good  repair. 

Ayid  be  it  further  enacted  by  the  authority  aforesaid, 
™hof  the  ^i^jjt  i-i^g  gaid  bridge  shall  be  thirty  feet  wide  ;  that  there 
An  Arch  to  be  sliall  be  ouc  arch,  at  least  one  hundred  and  forty  feet 
drtw^fo'r'thl  ^  loug,  ovcr  a  good  depth  of  water,  the  crown  of  which 
^esle^s!"^  ^I'c^^  shall  be  twenty  seven  feet  above  common  high 
water ;  that  there  shall  be  a  convenient  draw  or  passage- 


Acts,  1792.  —  Chapter  72.  Ill 

way  for  vessels  at  least  thirty  feet  wide,  which  shall  be 

opened  without  toll,  at  all  times,  on  demand,  for  vessels 

which  cannot  pass  under  said  Bridge  ;  that  the  said  bridge 

shall  be  covered  on  the  top  with  plank  or  timber,  and 

that  the  sides  be  boarded  up  two  feet  high,  and  be  railed 

for  the  security  of  passengers  four  feet  high  at  the  least ; 

and  said  bridge  shall  at  all  times  be  kept  in  good,  safe  Bridge  to  be 

and  passal)le  repair ;  &  that  said  Bridge  shall  be  furnished  repair?  with 

with  at  least  four  good  Lamps,  which  shall  be  well  supplied  ^^'°°^^'  ^'^• 

with  oil  &  kept  burning  through  the  night,  one  of  which 

shall  be  on  each  side  of  the  middle  of  the  great  arch,  & 

one  at  each  end  of  said  Bridge. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  within  one  year  after  the  said  bridge  shall  be  opened  Compensation 
for  passengers,  the  said  proprietors  shall  pay  to  Samuel  samueichad- 
Chadwick  such  sum  or  sums  of  money  as  shall  1)e  awarded  ^'^''^' 
to  him  by  three  indifferent  men  mutually  chosen  by  the 
parties,  as  a  full  compensation  for  any  injury  sustained  by 
him,  by  the  erecting  of  said  bridge  ;  and  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 
compensation  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  ^1' ^e!'" ''"''^ 
six  years  from  the  passing  of  this  Act  to  build  said  Bridge 
then  this  Act  shall  be  void.       Approved  March  22,  1793. 

1792.  — Chapter  72. 

[January  Session,  ch.  43.] 

AN  ACT  FOR  DIVIDING    THE    COUNTY    OF    SUFFOLK,  &    ESTAB- 
LISHING A  NEW  COUNTY  BY  THE  NAME  OF  NORFOLK. 

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  territory  of  the  County  of  Suffolk  ^1;^^°]^.°°'''^'^ 
not  comprehended  within  the  towns  of  Boston  &  Chelsea 
from  and  after  the  twentieth  day  of  June  next  be,  and 
hereby  is  formed  and  erected  into  an  entire  and  distinct 
County  by  the  name  of  Norfolk  ;  and  Dedham  shall  be  the 
Shire  Town  till  otherwise  ordered  by  the  General  Court ; 
and  the  inhabitants  of  said  County  of  Norfolk  shall  have  Norfolk  county 
and   possess,    use    exercise    and   enjoy,  all   the    powers,  powlTc!' 
rights,  and  immunities,  which  by  the   Constitution  and 


112 


Acts,  1792.  —  Chapter  72. 


Courts  estab- 
lished and 
times  for  hold- 
ing them. 


Powers  granted 
to  the  Justices. 


Usual  forms 
in  choosing 
county  officers 
to  be  observed. 


Proviso. 


Law  suits,  &c. 


Deeds  executed 
in  Suffolk 
county  legal. 


Laws  of  this  Commonwealth,  the  inhabitants  of  any  County 
within  the  same,  have,  possess,  exercise  and  enjoy  or  are 
intitled  to. 

And  be  it  farther  enacted,  that  there  shall  be  held  and 
kept  within  the  said  County  of  Norfolk,  at  the  Shire  town 
thereof,  a  Court  of  General  Sessions  of  the  peace,  and  a 
Court  of  Common  pleas  on  the  last  Tuesdays  of  April  & 
September  yearly,  and  a  Supreme  Judicial  Court  on  the 
Tuesday  next  preceeding  the  last  Tuesday  in  August  annu- 
ally, to  commence  in  the  year  one  thousand  seven  hun- 
dred and  ninety  four ;  and  the  Justices  of  said  Courts 
of  subordinate  Jurisdiction,  when  lawfully  appointed  and 
commissioned,  shall  have,  hold,  exercise  and  enjoy  all  the 
powers  and  authority  which  are  given  and  granted  to 
Justices  of  like  Courts  in  any  other  County  within  this 
Commonwealth.;  and  all  the  aforesaid  Courts  shall  bear 
the  same  legal  relation  to  each  other,  by  process  of  ever}' 
kind,  as  the  like  Courts  do  in  the  other  Counties  of  this 
Commonwealth. 

And  he  it  farther  enacted,  that  the  methods  and  pro- 
ceedings directed  by  law  for  choosing  a  County  Treasurer 
and  Register  of  deeds  and  the  modes,  forms  and  proceed- 
ings known  and  practised  in  bringing  forward  and  tr}'- 
ing  actions,  causes,  pleas  or  suits,  and  of  originating  & 
conducting .  legal  process  of  every  kind  whether  civil  or 
criminal,  in  the  Judicial  Courts  established  in  the  several 
Counties  in  this  Commonwealth,  and  for  choosing  Jurors 
to  serve  at  said  Courts  shall  lie  observed,  &  put  in 
practice  within  the  said  County  of  Norfolk  provided  that 
the  choice  of  County  Treasurer  and  Register  of  deeds  for 
said  County  of  Norfolk  shall  for  the  first  time  originate  in 
the  same  manner  as  prescribed  by  law  where  vacancies 
happen  in  said  offices  by  death  or  resignation. 

And  be  it  further  enacted,  that  all  writs,  suits,  and  proc- 
ess of  every  kind  which  may  before  the  said  twentieth 
day  of  June  be  depending  in  any  Court,  including  pro- 
bate Courts  within  the  County  of  Suflblk,  shall  be  heard 
and  tried  proceeded  and  determined  upon  in  the  County 
of  Suffolk  in  the  same  manner  as  they  would  have  been  if 
this  act  had  not  been  made. 

And  be  it  further  enacted,  that  all  deeds  for  the  convey- 
ance of  real  estates  within  the  said  County  of  Norfolk 
which  shall  be  executed  prior  to  the  establishment  of  a 
registry  of  deeds,  and  qualification  of  a  Register  within 


Acts,  1792.  — Chapter  72.  113 

said  County  of  Norfolk,  may  be  recorded  in  the  office  of 
the  Kegister  of  djeeds  for  the  County  of  Suflblk,  and  shall 
have  the  same  legal  effect  and  operation  as  though  they 
were  recorded  in  the  registry  of  deeds  for  the  said  County 
of  Norfolk. 

And  be  it  /mother  enacted,  that  the  several  towns  and  N°o"rfofk°iubject 
districts  within  the  said  County  of  Norfolk  shall  pay  their  to  pay  back 

*^  i     •/  taxes. 

proportions  of  all  County  taxes  already  granted  and  as- 
sessed in  the  same  manner  as  they  would  have  done  if  this 
Act  had  not  been  made,  and  shall  be  holden  to  pay  their 
proportion  of  all  debts  that  shall  be  owing  by  the  County 
of  Suffolk  on  the  said  twentieth  day  of  June  next,  after 
the  appropriation  of  the  present  outstanding  taxes,  and  be 
intitled  also  to  their  proportion  of  all  property  belonging 
to  said  County  of  Suffolk,  except  in  the  County  Court 
House,  Goal  &  Goal  House,  &  the  land  belonging  Tobuiid& 
thereto  :  And  said  County  of  Norfolk  shall  be  obliged  to  bridge"? 
build  and  keep  in  repair  all  bridges  within  the  said  County 
of  Norfolk,  which  at  this  time  are  chargeable  upon  the 
County  of  Suffolk  and  perform  all  other  duties  &  obliga- 
tions within  their  limits,  which  the  County  of  Suffolk  are 
now  obliged  to  perform. 

And  be  it  further  enacted,  that  if  it  shall  so  happen  that  Persons  to  be 

1      11    1         !•    1  1  •  committed  to 

any  person  or  persons,  shall  be  liable  to  be  committed  to  goaiin Suffolk, 
prison  within  the  said  County  of  Norfolk  within  two  years  tfie."^'^  ^"* 
from  the  passing  of  this  Act,  it  shall  be  lawful  to  commit 
such  person  or  persons  by  due  process,  to  the  common 
goal  within  the  County  of  Suft'olk,  and  all  processes  of  law, 
and  the  powers  of  all  officers  within  said  County  of  Nor- 
folk, shall  be  as  legal  and  binding  for  that  purpose,  as 
though  the  same  goal  was  within  the  said  County  of  Nor- 
folk ;  and  the  keeper  for  said  goal,  shall  be  liable  for  the 
safe  keeping  of  all  prisoners  so  committed  in  the  same 
manner  as  though  committed  by  due  course  of  legal  pro- 
ceedings within  the  County  of  Suffolk,  and  all  prisoners 
so  committed  shall  be  intitled  to  the  same  benefits  and 
indulgencies  as  though  committed  within  the  said  Count\^ 
of  Norfolk,  and  all  necessary  expences  Avliich  shall  arise 
in  consequence  of  the  commitment  of  any  prisoners  from 
the  County  of  Norfolk,  shall  be  defreyed  by  the  same 
County.  -  Approved  March  26,  1793. 


114 


Acts,  1792.  —  Chapters  73,  74. 


Preamble. 


Fees  of 
Inspector. 


Inspector's 
proportion 
from  Deputy. 


1793.  — Chapter  73. 

[January  Session,  ch.  46.] 

AN  ACT  IN  ADDITION  TO  AN  ACT,  INTITLED,  "  ANACT  TO  ASCER- 
TAIN THE  QUALITY  OF  POT  AND  PEARL  ASHES,  AND  FOR  THE 
MORE  EFFECTUAL  INSPECTION  OF  THE  SAME "  PASSED  THE 
SEVENTEENTH  DAY  OF  JUNE,  ONE  THOUSAND  SEVEN  HUN- 
DRED  AND  NINETY  ONE. 

Whereas  the  fees  for  inspecting  Pot  and  Pearl  ashes 
have  been  found  insufficieyit:   Therefore 

Be  it  enacted  by  the  Senate,  and  House  of  Pepresenta- 
tives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  that  the  Inspector  of  Pot  and  Pearl  ashes,  or  his 
deputy,  shall  have  and  receive  for  inspecting  the  same,  the 
sum  of  five  pence  for  every  hundred  weight  so  inspected, 
and  also  the  further  sum  of  six  pence  for  coopering  and 
nailing  each  cask,  and  putting  the  same  in  shipping  order, 
to  be  paid  by  the  purchaser. 

And  be  it  farther  enacted,  that  the  said  Inspector  shall 
not  in  future  receive  from  any  Deputy  he  has,  or  shall  ap- 
point, more  than  seven  and  an  half  per  cent  on  the  sum 
first  above  mentioned,  and  no  part  of  the  sum  allowed  for 
cooperage,  any  thing  in  the  act  to  which  this  is  an  addi- 
tion, to  the  contrary  notwithstanding. 

Approved  March  26,  1793. 


1793.  —  Chapter  74. 

[.January  Session,  ch.  44.] 

AN  ACT  FOR  SECURING  THE  GROWTH  OF  W^OOD  AND  TIMBER  IN 
A  CERTAIN  TRACT  OF  W^OODLAND  SITUATE  IN  THE  TOWNS 
OF  IPSWICH,  GLOUCESTER,  WENHAM,  BEVERLY  AND  MAN- 
CHESTER. 

Boundaries  of        WJiereas  there  is  a  large  and  valucdAe  tract  of  Woodland 

Woodland.  .  t     V  t     n  /.  77  •    .         r>       ' 

in  the  towns  aforesaid,  bounded  as  foUoivs;  vizt.,  Ber/in- 
ning  at  the  line  between  Ipswich  and  Gloucester  by  land 
improved  by  Nathaniel  Greaton,  thence  ivesterly  by  im- 
proved land  of  said  Grecdon  and  others  to  Joseph  3Iar- 
shalVs  improved  land,  from  thence  by  Mark  Burnham's 
improved  land,  ayid  land  of  others  to  Chebacco  jmnd,  thence 
southerly  on  the  southeast  side  of  said  p)ond  .to  a  wall  fence, 
and  ivith  the  fence  to  gravel  pond;  thence  on  the  northwest 
side  of  said  pond  to  a  brook  and  on  said  Brook  to  round 
pond,  thence  on  the  northwest  side  of  said  pond  to  a  ivall 


Acts,  1792.  —  Chapter  74.  115 

fence,  thence  by  said  wall  fence,  to  land  of  Malachi 
Knowlton  and  to  Dodge's  pond,  then  southerly  by  said 
jjond  to  a  brook  called  Allitrop,  thence  on  said  brook  near 
to  JSFehemiah  Preston''s  corner,  thence  from  said  JPrest07i's 
corner  as  the  fence  stands  to  John  Peirce^s  corner,  thence 
on  improved  land  of  said  Peirce  Standly,  James  Wood- 
bury's heirs,  and  others,  to  land  formerly  belonging  to  John 
Morse,  from  thence  northerly  on  improved  land  to  tJte  Com- 
moners land  of  Manchester ;  thence  on  imjoroved  land,  to 
the  Sheep  pasture  of  the  heirs  of  Samuel  Lee,  and  thence 
easterly  on  improved  land  of  the  said  heirs  and  others  to 
Beaver  Dam,  thence  on  improved  land  of  Andrew  Wood- 
bury, Isaac  Lee  &  others  to  the  line  between  Manchester  & 
Gloucester,  thence  on  said  line  southward  to  the  sea,  thence 
by  the  sea  to  the  Outt  in  Gloucester,  thence  by  Annasquam 
river  to  the  sea,  thence  by  the  sea  to  Ohehacco  river,  thence 
by  the  said  river,  to  the  line  between  Gloucester  and  Ipswich, 
thence  by  said  line  to  Greaton's  land,  the  bounds  first 
mentioned. 

And  whereas  the  growth  of  wood  and  timber  in  the  same  Preamble. 
tract  of  woodland,  and  which  cannot  be  conveniently  or 
profitably  inclosed  with  a  sufficient  fence,  is  almost  wholly 
destroyed  by  horses,  cattle  and  sheep,  going  and  feeding 
therein  to  the  great  damage  not  only  of  the  proprietors,  but 
of  the  inhabitants  of  said  towns  in  general;  for  the  preven- 
tion whereof; 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of 
the  same,  that  the  proprietors  of  the  said  tract  of  woodland  fnow'ed'to* 
shall  have  liberty  to  improve  and  manage  the  same,  in  the  m^a^a^Je'the'^ 
form  and  manner,  in  which  the  proprietors  of  common  and  same. 
general  fields  do  and  may  by  law  manage  the  same  ;  and 
shall  have  the   like  powers  and  authority  for  the  future 
management  of  said  tract  of  woodland,  and  more  espe- 
cially at  any  meeting  to  be  duly  convened,  to  appoint  field 
drivers  or  agents,  to  protect  the  wood  growing  thereon, 
from    damage.      And    Daniel    Giddings,    James    Patch,  ?ed tocaii^a°'" 
William  Tuck,  and  Samuel  Whittemore,  or  any  two   of  meeting,  &c. 
them,  are  hereby  authorized  to  call  the  first  meeting  of  the 
said  proprietors  at  such  time  and  place  as  they  shall  think 
convenient,  giving  notice  thereof  in  writing  posted  in  some 
public  place  in  the  several  towns  aforesaid,  and  by  an 
Advertisement  in  the  Salem  Gazette  at  least  fourteen  days 
previous  to  such  meeting :   And  at  such  first  meeting,  the 


116 


Acts,  1792.  —  Chapter  74. 


Subject  to  being 
impounded. 


said  proprietors  shall  agree  upon  the  manner  of  notifying 
meetings  in  future  ;  and  in  all  meetings  of  the  proprietors 
their  several  votes  shall  be  recorded,  according  to  the 
majority  of  the  interest  of  the  proprietors  present. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
Beastepro-  that  from  and  after  the  first  day  of  April  next,  no  horses, 
going  at  large—  neat  cattlc  or  sheep,  shall  be  allowed  to  go  at  large,  or 
feed  in  the  tract  of  Woodland  aforesaid ;  &  if  any  person 
or  persons  shall  turn  or  drive  any  horse,  mare,  neat  cattle 
or  sheep  into  the  same  tract  of  Woodland,  he  or  they 
shall  forfeit  and  pay  to  the  use  of  said  Proprietors,  five 
shillings  a  head  for  neat  cattle,  and  for  each  horse  or 
mare ;  and  one  shilling  a  head  for  each  sheep,  so  turned 
or  driven  into  the  same  Woodland  to  be  paid  or  recovered 
as  is  herein  after  mentioned. 

And  be  it  further  enacted,  that  if  any  one  of  the  said 
proprietors,  or  any  field  driver,  or  agent  duly  appointed 
by  them,  shall  find  any  cattle,  horse  kind  or  sheep  going 
or  feeding  in  said  Woodland,  it  shall  be  lawful  for  him  to 
impound  the  same,  and  give  public  notice  thereof  in  the 
town  in  which  such  beast  shall  be  taken,  and  in  the  next 
adjoining  town ;  and  shall  relieve  such  beast  while  in 
pound,  with  suitable  meat  and  water;  and  when  the 
owners  thereof  shall  appear  and  demand  a  delivery  of  the 
same  from  the  pound,  he  shall  pay  all  damages,  costs  and 
expences,  occasioned  by  the  same  beast  in  said  Woodland, 
and  by  the  impounding  thereof,  to  be  ascertained  by  three 
appraisers,  one  to  be  appointed  by  the  owner,  one  by 
the  party  impounding,  and  the  third  by  the  two  first 
appointed ;  and  if  no  owner  shall  appear  within  the  space 
of  ten  days,  to  redeem  said  beast  so  impounded,  appoint 
one  of  said  appraisers,  and  pay  said  sums  ;  then  the  Pro- 
prietors or  field  driver  who  impounded  the  same  beast, 
shall  cause  the  same  to  be  sold  at  public  vendue  for  the 
payment  of  said  damages,  costs,  penalties  and  expences, 
public  notice  of  the  time  and  place  of  sale  being  given 
forty  eight  hours  beforehand,  by  posting  up  an  advertise- 
ment in  some  public  place  in  each  of  the  said  towns ;  and 
the  overplus,  if  any  there  be,  arising  from  such  sale  to  be 
returned  to  the  owner  on  demand  to  be  made  within  one 
year  from  the  time  of  sale  ;  and  if  no  owner  shall  appear 
in  that  time,  then  the  said  overplus  shall  be  paid  to  the 
poor  of  said  town  ;  &  wherever  any  owner  shall  refuse  or 
neglect  to  appoint  one  of  the  appraisers  as  aforesaid,  it 


Owners  to  pay 

costs. 


To  be  sold  in 
case  no  owner 
appears. 


Acts,  1792.  —  Chapter  75.  117 

shall  be  lawful  for  any  Justice  of  the  peace  in  the  County 
of  Essex  to  appoint  such  appraiser. 

This  Act  to  continue  &  be  in  force  for  the  term  of  ten  Term  of  con. 

,.  ,  1  •         ^i  i?  J  1  tinuance  of 

years  from  the  passing  thereoi,  and  no  longer.  this  Act. 

Apjjroved  March  26,  1793. 

1793.  — Chapter  75. 

[January  Session,  ch.  45.] 

AN  ACT  GRANTING  LIBERTY  TO  THE  PROPRIETORS  OF  SACO 
BRIDGES,  SO  CALLED,  OVER  SACO  RIVER  IN  THE  COUNTY 
OF  YORK  TO  CONTINUE  THE  SAME,  AND  FOR  REGULATING 
THE   TOLL  FOR  PASSING  THE   SAME. 

Whereas  certain  jjersons  have  at  their  own  private  cost  Preamble. 
and  charge  erected  tivo  Bridges  over  Saco  River,  one  from 
Biddeford  to  Indian  Island  and  the  other  from  Indian 
Island  to  the  Shore  in  Pepperelbo7-ough  in  the  County  of 
York,  which  under  due  regulations  may  be  of  public 
utility ;  and  it  is  but  just  that  the  Proprietors  thereof 
should  be  reimbursed  the  expence  they  have  been  and  may 
be  at  in  the  building,  and  keeping  the  same  in  good  repair ; 
Be  it  therefore  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled  and  by  the 
authority  of  the  same,  that  for  the  purpose  of  reimbursing  tou  granted. 
the  Proprietors  of  said  Bridges  their  heirs,  associates  and 
assigns  the  monies  expended,  or  to  be  expended  in  build- 
ing and  supporting  the  same  a  toll  be  and  hereby  is 
granted  to  the  present  Proprietors  of  said  Bridges  their 
heirs  associates  and  assigns  &  for  their  sole  benefit  ac- 
cording to  the  rates  following,  to  continue  till  the  further 
order  of  the  General  Court ;  for  each  foot  passenger  two  Rates, 
cents  ;  for  each  person  and  horse  six  cents ;  for  every 
cart  sled  or  sleigh  drawn  by  one  horse  ten  cents  ;  for 
every  cart  waggon  sled  or  sleigh  drawn  by  two  or  more 
horses  twelve  &  a  half  cents ;  for  every  chaise  or  chair 
drawn  by  one  horse  with  the  riders  fifteen  cents ;  for 
every  horse  and  sulkey  with  the  rider  twelve  &  a  half 
cents ;  for  every  chaise  drawn  hy  two  horses  witli  the 
passengers  twenty  cents  ;  for  each  Coach,  Chariot,  Phaeton 
or  Curricle  including  passengers  twenty  five  cents  ;  for  each 
cart  or  sled  drawn  by  two  oxen  ten  cents ;  for  every 
cart,  or  sled  drawn  by  four  or  more  oxen  twelve  and  a 
half  cents ;  for  all  neat  cattle  one  cent  each ;  for  each 
dozen  of  sheep  or  swine  two  cents,  and  so  in  proportion 


118 


Acts,  1792.  —  Chapter  76. 


Forfeiture. 


Sign  board 
to  be  erected. 


for  a  greater  or  less  number  :  And  in  all  cases  the  same 
toll  shall  be  paid  for  all  carriages  &  vehicles  passing  said 
Bridges  whether  the  same  be  loaded  or  not  loaded ;  and 
to  each  team  one  man  and  no  more  shall  be  allowed  as  a 
driver  to  pass  free  from  payment  of  toll ;  and  the  toll 
gatherer  shall  not  be  obliged  at  any  time  to  open  the 
gates  for  any  passenger,  till  he,  or  she  has  paid  the  rate 
of  toll ;  and  at  all  times  when  the  toll  gatherer  shall  not 
attend  his  duty  the  gate  shall  be  left  open.  And  if  any 
person  shall  receive  or  demand  any  greater  toll  in  any 
case  than  is  stated  by  this  act  or  shall  hinder  or  attempt 
to  hinder  any  person  from  passing  said  Bridges  or  either 
of  them  with  his  horse  or  horses,  cattle  or  carriage,  sled 
or  sleigh,  sheep  or  swine  upon  paying  or  offering  to  pay 
the  toll  hereby  established,  he  shall  forfeit  the  sum  of 
Four  pounds  to  be  recovered  with  costs  before  any  Justice 
of  the  peace  in  the  said  County  of  York  by  any  person 
from  whom  such  greater  toll  shall  be  received  or  demanded, 
or  by  any  person  so  hindred  or  attempted  to  be  hindred 
from  passing  as  the  case  may  be. 

And  said  Proprietors  shall  put  and  constantly  keep  up 
at  the  place  where  the  toll  shall  be  received  a  Sign  board 
on  which  shall  be  painted  in  large  fair  &  legible  characters 
the  several  rates  of  Toll  established  by  this  act  otherwise 
they  shall  not  be  intitled  to  receive  the  same  :  And  said 
Toll  shall  be  no  longer  demanded  than  while  the  said  Pro- 
prietors shall  keep  said  Bridges  in  good  repair. 

Approved  March  26,  1793. 


1793.  — Chapter  76. 

[January  Session,  ch.  47.] 

AN  ACT  PERMITTING  THE  INHABITANTS  OF  THAT  PART  OF 
THE  TOWN  OF  WAREHAM  WHICH  WAS  FORMERLY  PART  OF 
ROCHESTER  TO  TAKE  ALEWIVES  WITH  SEINES  OR  DRAG  NETS 
AT  A  PLACE  CALLED  THE  NARROWS  IN  WAREHAM  RIVER  ON 
A  CERTAIN  DAY  IN  EACH  WEEK, 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled  &  by  the  authority  of 
inhabitantB  the  Same  that  any  Inhabitant  of  that  part  of  the  Town  of 
fish  at  a  certain  Warcliam  which  was  formerly  part  of  Rochester  be  and 
they  are  hereby  allowed  &  permitted  to  take  for  their  own 
use  with  one  Seine  or  drag  net  only,  the  Fish  called  Ale- 
wives  at  a  place  called  the  Narrows  in  Wareham  River 
on  the    West  side  thereof  &  to  the  Northward  of  Nathan 


Acts,  1792.  —  Chaptees  77,  78.  119 

Bassett's  now  dwelling  house  one  half  day  in  each  week 
from  Sun  rising,  until!  twelve  of  clock  on  every  Monday  & 
at  no  other  time,  any  Law  or  usage  to  the  contrary  not- 
withstanding. 

And  he  it  further  enacted  hy  the  authority  aforesaid  that  Prohibited 
no  person  or  persons  inhabitants  as  aforesaid  shall  sell  or 
dispose  of  any  of  said  fish  caught  as  aforesaid  to  any  per- 
son or  persons  not  inhabitants  as  aforesaid. 

And  he  it  fiwther  enacted  hy  the  Authority  aforesaid, 
that  if  upon  complaint  made  before  any  Justice  of  the  Forfeiture  in 
Peace  for  the  County  of  Plymouth  any  Person  or  persons  ^^*^  ° 
shall  be  convicted  of  a  breach  of  this  act,  he  shall  forfeit 
&  pay  for  every  such  ofience  a  fine  of  Four  Pounds  one 
half  thereof  to  the  complainant  &  the  other  half  thereof  to 
the  Poor  of  the  Town  of  Wareham. 

Ai^proved  March  26,  1793. 

1792.  — Chapter  77. 

[January  Session,  ch.  48.]  •» 

AN  ACT  TO   CONTINUE   AN  ACT,  INTITLED,   "AN  ACT  FOR  REN- 
DERING PROCESSES  IN  LAW  LESS  EXPENSIVE," 

Whereas  the  said  Act  will  expire  on  the  last  day  of 
June  next,  &  it  is  expedient  the  same  shoidd  he  continued. 

Be  it  enacted  hy  the  Senate  &  House  of  Representatives 
in  General   Court  Assemhled  &  hy  the  authority  of  the 
same,  that  the  said  Act  be,  &  the  same  is  hereby  con-  Act  continued. 
tinued  &  shall  continue  in  force  until  the   first  day  of 
June,  one  thousand  seven  hundred  &  [and]  ninety  nine. 

Approved  March  27,  1793. 

1792.  —  Chapter  78. 

[January  Session,  ch.  49.] 

AN  ACT  IN  ADDITION  TO  AN  ACT,  PASSED  THE  FOURTH  DAY  OF 
MARCH  ONE  THOUSAND  SEVEN  HUNDRED  &  NINETY,  EN- 
TITLED "  AN  ACT  TO  REGULATE  THE  CATCHING  OF  SALMON 
SHAD  AND  ALEWIVES,  AND  TO  PREVENT  OBSTRUCTIONS  IN 
MERRIMACK  RIVER,  AND  IN  THE  OTHER  STREAMS  RUNNING 
INTO  THE  SAME  WITHIN  THIS  COMMONWEALTH. 

Whereas  it  is  found  hy  experience,  that  the  catching  of 
fish,  at  or  near  the  mouth  of  the  Rivers  &  Streams, 
emptying  into  Merrimack  River,  within  the  Town  of  An- 
dover,  greatly  obstruct  and  impede  fish  entering  and 
passing  up  said  Rivers  S  Streams; 


Preamble, 


120 


Acts,  1792.  —  Chapter  79. 


Boundaries  for 
catching  fish. 


Penalty. 


Therefore^  he  it  enacted,  hy  the  Senate  and  House  of 
Representatives  in  General  Court  assembled  and  by  the 
authority  of  the  same;  That  no  person  or  persons  shall  after 
passing  this  act,  be  allowed  to  catch  Salmon,  Shad  or 
Alewives,  or  drag  any  Sein,  or  set  any  net,  pott  or  other 
machine  for  the  purpose  of  taking  or  catching  said  Fish,  or 
any  otherwa3^s  obstruct  said  fish  in  their  passage,  within  fifty 
rods  below,  or  twenty  rods  above  the  mouth  of  any  River 
or  Stream  in  the  Town  of  Andover,  emptying  into  Merri- 
mack River  aforesaid  nor  draw  any  Sein  for  catching  of 
Alewives  between  the  mouths  of  Shaw-shine  River  & 
Cochecho  brook  on  penalty  of  Four  Pounds,  and  the 
Sein,  net,  pott  or  other  machine,  so  used  to  be  forfeited, 
and  the  fine  aforesaid  to  be  recovered  and  applied  in  the 
same  manner  as  the  fines  are  for  the  breach  of  the  Act  to 
which  this  is  an  addition.         Ap-proved  March  27,  1793. 


Preamble. 


Description  of 
the  dividing 
line  between 
Holden  ic 
Paxton. 


1793.  — Chapter  79. 

[January  Session,  ch.  50.] 

AN  ACT  FOR  ESTABLISHING  THE  DIVIDING  LINE  BETW^EEN  THE 
TOWNS  OF  HOLDEN  &  PAXTON  IN  THE  COUNTY  OF  WORCES- 
TER. 

Wliereas  some  disj^utes  have  arisen  between  the  Toivns  of 
Holden  &  Paxton  loith  respect  to  the  line  dividing  said 
Towns   Therefore, 

Be  it  Enacted  by  the  Senate  &  House  of  Representatives 
in  General  Court  Assembled  &  by  the  Authority  of  the 
same,  that  the  line  hereafter  described  shall  be  considered 
as  the  dividing  line  between  the  Town  of  Holden  &  the 
Town  of  Paxton,  vizt.  beginning  at  a  stake  &  stones  on 
the  most  Westerly  line  of  the  two  lines  which  occasioned 
said  dispute,  being  the  Southeasterly  corner  of  the  farm 
of  John  Fessenden  esqr.  &  is  a  corner  of  the  Towns  of 
Rutland  &  of  said  Paxton,  thence  running  Southerly  on 
said  Westerly  line  until  it  comes  to  a  large  Chesnut  tree 
with  stones  about  it  standing  in  the  original  North  line  of 
the  Town  of  Leicester  eleven  rods  Westerly  of  Ward's 
line,  so  called,  thence  turning  an  angle  &  running  East- 
erl}'  on  said  original  North  line  of  Leicester  eleven  rods  to 
a  heap  of  stones  on  the  said  Ward's  line,  being  the  origi- 
nal Northeast  corner  of  the  said  Town  of  Leicester  thence 
Southerly  on  said  Ward's  line  to  a  heap  of  stones,  being  a 
corner  between  the  said  Towns  of  Leicester  &  Paxton. 

Approved  March  27,  1793. 


Acts,  1792.  —  Chapter  80.  121 


1793.  — Chapter  80. 

[January  Session,  ch.  53.] 

AN  ACT  TO  INCORPORATE  CERTAIN  PERSONS  BY  THE  NAME  OF 
THE  WEST   CONGREGATIONAL  SOCIETY  IN   TAUNTON. 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assetnbled,  and  by  the  authority  of 
the  same,  that  George  Godfrey,  Nathaniel  Briggs,  Daniel  Jo'S/"""'' 
Burt,  Nathan  Cobb,  George  Woodward,  Levi  Torrey, 
John  Willis,  Thomas  Hodges,  Henry  Burt,  George  Ma- 
comber,  Peter  Walker,  James  Tisdale,  John  Briggs, 
Thomas  Burt  junr.  Lincoln  Porter,  Isaac  Tubbs,  Samuel 
Porter  jun.,  Nathan  Read,  Jonathan  Cobb  junr.,  Daniel 
Tubbs,  Elijah  Briggs,  Gideon  Lincoln,  Amaziah  Lincoln, 
Abner  Lincoln,  Ezra  Macomber,  Joel  Tubbs,  Seth  Hodges, 
John  Macomber  the  third,  John  Willis  junr.  Benjamin 
Walker,  Isaac  Burt,  Eliakim  Walker,  Samuel  Codding, 
junr.  James  Walker,  Ephraim  Harvey,  Henry  Hodges, 
Samuel  Hayward,  Nathaniel  Willis,  Zebina  Willis,  Abijah 
Pratt,  Zephaniah  Hodges,  Nathan  Cobb  junr.,  Joseph 
Hayward,  Russell  Godfrey,  Dean  Briggs,  Nathaniel  Dean, 
Enos  Dean,  Elisha  Briggs,  Elisha  Lincoln,  John  Reed, 
and  Rufus  Godfrey  together  with  all  those  who  shall  join 
said  Society  and  become  members  thereof  and  unite  with 
them  in  the  same  place  of  worship  within  the  said  town 
of  Taunton,  with  their  several  estates  be,  &  they  are 
hereby  incorporated  into  a  Society  by  the  name  of  the 
West  Congregational  Society  in  Taunton,  and  by  that  Name  of  the 
nanie  may  sue  and  be  sued,  plead  &  be  impleaded,  de-  °''p°''* '''°- 
fend  and  be  defended  in  any  Court  or  place  whatever. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  members  of  said  Corporation,  at  any  meeting  its  powers, 
duly  warned  therefor,  shall  have  power  to  make  and 
establish  all  such  rules  and  regulations,  appoint  such  offi- 
cers for  the  government  of  said  Society  as  may  be  neces- 
sary, also  to  grant  such  sums  of  money  and  order  assess- 
ment thereof,  or  to  raise  money  by  taxing  the  Pews  in  the 
meeting  house,  or  by  renting  them  out  annually  as  may 
be  necessary  for  the  support  of  public  worship,  and  other 
incidental  charges  in  said  Society. 

And  be  it  farther  enacted,  that  all  male  persons,  who 
usuall}'  assemble  wdth  the  aforesaid  Society  for  public 
worship,  and  qualified  according  to  Law  to  vote  in  town 
affairs  may  vote  in  all  meetings  of  said  Society. 


122 


Acts,  1792.  —  Chapter  81. 


Exempted  from 
paying  certain 
taxes. 


Persons  belong- 
ing to  the 
Society,  may 
leave  it  by 
giving  notice. 


Persons 
admitted  into 
said  Society 
first  giving 
notice, 
and  paying 
previous  taxes. 


George  God- 
frey, Esq.  to 
issue  'warrant. 


And  be  it  further  Enoxted,  that  the  several  persons  in 
this  Act  before  named,  &  all  others  their  associates  being 
inhabitants  of  the  said  town  of  Taunton,  and  their  several 
estates  shall  not  be  liable  to  be  taxed  for  the  support  of 
public  worship  in  any  other  Society  in  the  said  town  of 
Taunton. 

And  he  it  further  Enacted  that  the  Clerk  of  said  Society 
shall  keep  a  fair  record  of  the  names  of  all  persons  who 
shall  become  members  thereof ;  and  when  any  member  of 
said  Society  shall  request  a  dismission  therefrom,  &  shall 
signify  the  same  in  writing  to  the  said  Clerk,  such  Clerk 
shall  make  a  record  thereof,  &,  such  person  shall  there- 
upon be  dismissed  accordingly,  but  shall  be  held  to  pay 
his  proportion  of  such  money  as  shall  have  been  previously 
granted  by  said  Society. 

And  he  it  further  Enacted  that  all  those  who  hereafter 
shall  be  desirous  of  becoming  members  of  said  Society^ 
being  inhabitants  of  said  town  of  Taunton,  &  shall  signify 
the  same  in  writing  to  the  Clerk  of  said  town,  tliirty 
days,  at  least,  previous  to  the  annual  meeting  of  the 
inhabitants  of  said  town  in  the  month  of  March  or  April, 
shall  be  considered  in  law  as  members  of  said  Society  : 
And  any  person  or  persons  who  shall  leave  any  other 
religious  Society  in  said  town  of  Taunton  &  join  the 
Society  incorporated  by  this  Act,  shall  be  holden  to  pay 
all  legal  taxes  previously  assessed  upon  them,  and  their 
proportion  of  the  previous  debts  and  charges  of  the 
Society  which  they  shall  leave  as  aforesaid. 

And  he  it  further  enacted,  that  George  Godfrey  Esqr. 
be,  and  he  herel)y  is  empowered  and  directed  to  issue"  his 
Warrant  to  some  principal  member  of  said  Society  requir- 
ing him  to  warn  a  meeting  thereof  at  such  time  &  place 
as  shall  therein  be  set  forth,  at  which  meeting,  the  method 
of  calling  future  meetings  shall  be  determined,  conform- 
able to  the  laws  of  this  Commonwealth. 

Approved  March  27,  1793. 


1793.  — Chapter  81. 

[January  Session,  ch.  51.] 
AN  ACT  PROVIDING  FOR  THE  SUPPORT  OF  POOR  PERSONS  W^HILE 
CONFINED  IN  GOAL,  UPON  CHARGE  OR  CONVICTION,  OF  CRIMES 
AGAINST  THIS   COMMONWEALTH. 

Be  it  enacted  hy  the  Senate  and  House  of  Rej)resenta- 
tives  in  General  Court  assembled  and  hy  the  authority  of 


Acts,  1792.  —  Chapter  82.  123 

the  same,  that  from  and  after  the  first  day  of  jMay  next  now  prisoners 
the  Prisoners  in  any  of  the  Goals  of  this  Commonwealth  supported. 
committed  or  confined,  upon  charge  or  conviction  of 
Crimes  or  Oli'ences  against  this  Commonwealth,  if  unable 
to  support  themselves,  shall  be  supported  by  the  County 
having  charge  of  such  Goal  or  wherein  such  Crime  or 
Offence  shall  have  been  committed,  and  the  County  shall 
be  reimbursed  the  same  from  the  Costs  of  committment 
and  support  which  shall  be  awarded  against  such  Prisoner 
or  ordered  to  be  paid  before  his  discharge,  if  any  shall  be 
awarded  and  paid  ;  and  otherwise  the  necessary  support 
of  such  prisoners  shall  be  reimbursed  by  the  Common- 
wealth ;  Provided  that  no  charge  shall  be  reimbursed  to  ProviBo. 
any  County  exceeding  five  shillings  for  every  week  of  the 
actual  confinement  of  any  Prisoner,  or  exceeding  the 
allowance  being  less  than  that  sum,  which  shall  be  ordered 
by  the  Court  of  Sessions  to  the  Goal  keeper. 

And  be  it  further  enacted  by  the  Authority  aforesaid, 
that  the  fines  and  forfeitures  now  hj  law  paya])le  to  the  Fines  payable 
several    County  Treasurers   of  this    Commonwealth   not  Treasurer,  to 
otherwise  appropriated  shall  be  appropriated  for  payment  tos^u^'^oJt"*'^'* 
of  all  sums  duly  chargeable  to  the  Commonwealth  for  the  P^^oners. 
support  of  poor  prisoners  by  virtue  of  this  act ;  and  all 
sums  chargeable  as  aforesaid  being  considered  and  allowed 
by  the  General  Court  shall  be  paid  from  such  fines  &  for- 
feitures so  far  as  the  same  may  extend  and  any  deficiency 
shall  be  annually  paid  out  of  the  Treasury  of  this  Com- 
monwealth. Approved  March  27,  1793. 

1792.  — Chapter  83. 

[January  Session,  ch.  52.] 

AN  ACT  TO  SUSPEND  IN  CERTAIN  CASES  THE  OPERATION  OF 
AN  ACT  PASSED  ON  THE  THIRTEENTH  DAY  OF  FEBRUARY, 
IN  THE  YEAR  OF  OUR  LORD  ONE  THOUSAND  SEVEN  HUN- 
DRED &  EIGHTY  SEVEN,  ENTITLED,  "AN  ACT  FOR  THE  LIM- 
ITATION OF  PERSONAL  ACTIONS,  &  FOR  AVOIDING  SUITS  AT 
LAW." 

Whereas  the  operation  of  said  Act  may  defeat  many  Preamble. 
Creditors  of  their  just  demands  unless  a  longer  time  is 
allowed  for  commencing  &  suing  Actions  mentioned  in  said 
Act, 

Be  it  Enacted  by  the  Senate  <&  House  of  Representa- 
tives in  General  Court  Assembled  and  by  the  Authority  of 
the  same,  that  the  said  Act  passed  on  the  said  thirteenth  ^°l^^^^f^ 


124 


Acts,  1792.  —  Chapter  83. 


Secretary 
directed. 


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  said  Act,  or  any  Act  suspending  the  operation  of 
said  Act  are  limited  so  as  that  they  cannot  be  commenced 
&  sued  after  the  first  day  of  June  next  shall  &  may  be 
commenced  &  sued  at  any  time  on  or  before  the  first  day 
of  December  next,  &  not  afterwards,  any  law  to  the  con- 
trary notwithstanding. 

And  be  it  further  Enacted  by  the  Authority  aforesaid, 
that  the  Secretary  shall  cause  this  Act  to  be  printed  six 
weeks  successively  in  all  the  News  Papers  in  this  Com- 
monwealth. Approved  March  27^  1793. 


Preamble. 


Persons 
appointed 
Trustees  and 
incorporated. 


Donations 
confirmed  to 
Trustees  for 
the  use  of  the 
schools. 


1793.  —  Chapter  83. 

[January  Session,  ch.  54.] 

AN    ACT    TO  INCORPORATE    CERTAIN  PERSONS    BY  THE    NAME 
OF  THE   TRUSTEES   OF  CHARLESTOWN  FREE   SCHOOLS. 

WJiereas  the  education  of  youth  has  been  ever  consid- 
ered, by  the  wise  and  good,  as  of  the  highest  consequence  to 
the  safety  and  happiness  of  a  free  jyeople,  and  ivhereas 
sundry  persons  have  bequeathed  real  and  personal  propei^ty 
to  the  Town  of  Charlestown  the  rents  and  proffits  thereof  to 
be  solely  and  forever  applied  to  and  for  the  use  of  the  free 
Schools  in  said  Tovjn;  and  loliereas  many  inconveniences 
have  arisen  in  the  present  method  of  executing  their  gener- 
ous designs; 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Court  assembled  and  by  the  author- 
ity of  the  same  that  Eichard  Devens,  Nathaniel  Gorham, 
Josiah  Bartlett,  Aaron  Putman  Esquires  Joseph  Hurd 
Merchant,  Nathaniel  Hawkins  &  Seth  Wyman  Gentlemen 
all  of  Charlestown  in  the  County  of  Middlesex,  be  and 
they  hereby  are  nominated  and  a])pointed  Trustees  of  the 
free  Schools  in  said  Town  of  Charlestown,  and  they 
hereby  are  incorporated  into  a  body  Politic  by  the  name 
of  the  Trustees  of  Charlestown  free  Schools. 

Be  it  further  enacted  by  the  authority  aforesaid,  that  all 
the  donations  which  have  been  given  to  said  Town  for  the 
use  and  support  of  their  Schools  whether  Real,  personal 
or  mixed  shall  be  pursuant  to  the  consent  and  at  the 
request  of  said  Town  had  in  public  Town  Meeting  on  the 
fourth  day  of  March  one  thousand  seven  hundred  &  ninety 


Acts,  1792.  — Chapter  83.  125 

three,  and  they  are  hereby  confirmed  unto  the  aforesaid 
Richard  Devens  and  others,  and  to  their  successors  in  said 
office  of  Trustees  of  Charlestown  Free  Schools  forever, 
for  the  sole  use  and  benefit  of  said  Schools,  agreeably  to 
the  true  intent  and  meaning  of  the  donors. 

Be  it  further  enacted  by  the  authority  aforesaid,  that  the  common  Seai. 
said  Trustees  and  their  successors  shall  have  one  common 
Seal  which  they  may  make  use  of  in  any  cause  or  bussiness, 
that  relates  to  the  said  Ofiice  of  Trustees  of  said  Schools, 
and  they  shall  have  power  and  authority  to  break  change 
and  renew  the  same  from  time  to  time  as  they  shall  see 
fit;  and  they  may  sue  and  be  sued  in  all  actions  real  per-  Trustees  may 
sonal  and  mixed  and  prosecute  and  defend  the  same  to  sue  and  be  sued. 
final  judgment  and  execution  by  the  name  of  the  Trustees 
of  Charlestown  Free  Schools. 

Be  it  further  enacted  by  the  authority  aforesaid,  that  the 
aforesaid  Richard  Devens  &  others  &  their  successors  in 
said  Office  of  Trustees  be  the  visitors,  trustees,  &  Govern- 
ors of  the  aforesaid  Charlestown  free  Schools  to  be  con- 
tinued in  the  way  and  manner  following  vizt.  That  the  How  chosen  in 
said  Town  of  Charlestown  at  their  annual  Town  meeting  ^"'"''^• 
in  the  month  of  May  shall  have  authority  to  elect  by 
ballot  such  persons  to  the  number  of  seven,  as  they  shall 
think  proper  to  the  said  Office  of  Trustees  of  Charlestown 
Free  Schools,  &  that  five  of  said  Trustees  shall  consti- 
tute a  quorum  for  doing  bussiness  and  the  major  part  of 
the  members  present  shall  decide  all  questions  that  shall 
come  before  them,  &  that  the  said  Trustees  shall  have 
power  and  authority  to  elect  a  President,  Treasurer  & 
Secretary  and  such  other  officers  as  they  shall  judge 
necessary  &  convenient  but  no  pecuniary  compensation 
shall  be  allow'd  the  said  Trustees  without  the  consent  of 
said  Town  of  Charlestown,  &  to  make  &  ordain  such  laws,  Empoweredito 
rules,  &  orders  for  the  good, government  of  said  Schools,  laws,  &c. 
as  to  them  the  Trustees,  Governors  &  Visitors  aforesaid 
&  their  successors  shall  from  time  to  time  seem  most  fit  & 
requisite,  all  which  shall  be  observed  by  the  Officers  and 
Scholars  of  said  School  upon  the  penalties  therein  con- 
tained. Provided  notwithstanding  that  the  said  rules,  laws  Proviso. 
&  orders  be  no  ways  repugnant  to  the  Laws  of  this  Com- 
monwealth. 

Be  it  further  enacted  by  the  authority  aforesaid,  that  the  capable  in  law 
Trustees  aforesaid  be  and  they  hereby  are  rendered  capa-  estate. 
ble  in  law  to  take,  and  receive  by  gift,  grant,  devise,  or 


126 


Acts,  1792.  —  Chapter  84. 


Proviso. 


Deeds  signed 
&  sealed, to  be 
valid. 


Trustees 

further 

empowered. 


Trustees  to  ren- 
der statement. 


Richard  Devens 
impowered. 


bequest  or  otherwise,  any  lands,  tenements  or  other  estate 
real  &  personal  which  may  in  future  be  granted  for  the 
benefit  of  said  Charlestown  free  Schools  provided  the 
annual  income  thereof  shall  not  exceed  the  sum  of  Six 
hundred  pounds,  to  have  and  to  hold  the  same  under  such 
provissions  and  limitations  as  may  be  expressed  in  any  deed 
or  conveyance  to  them  made,  by  the  donor  or  donors  and 
that  all  deeds  and  instruments  which  the  said  Trustees 
shall  lawfully  make,  shall  when  made  in  the  name  of  said 
Trustees  and  sign[e]d  &  delivered  b}^  the  President  and 
Sealed  with  their  common  Seal  bind  the  said  Trustees 
and  their  successors,  and  be  valid  in  law. 

Be  it  further  enacted  by  the  authority  aforesaid,  that  the 
aforesaid  Trustees  shall  have  full  power  and  authority  to 
determine  at  what  times  and  places  their  meetings  shall 
be  holden,  and  upon  the  manner  of  notifying  the  Trustees 
to  convene  at  such  meetings  and  the  said  Trustees  shall 
have  full  power  and  authority  to  determine  and  prescribe 
from  time  to  time  the  powers  and  duties  of  their  several 
officers,  and  to  fix  and  determine  the  tenures  of  their 
respective  offices. 

Be  it  further  enacted  by  the  authority  aforesaid,  that  the 
said  Trustees  shall  at  the  Annual  meeting  of  said  Town 
of  Charlestown  in  the  month  of  May,  previous  to  the 
election  of  Trustees  lay  before  said  Town,  the  particulars 
of  their  proceedings,  and  the  state  of  their  funds  — 

Be  it  further  enacted  by  the  authority  aforesaid,  that 
Richard  Devens  be,  and  he  is  authorized  and  impowered 
to  fix  the  time  and  place  for  holding  the  first  Meeting  of 
said  Trustees,  and  to  certify  them  thereof. 

Approved  March  27,  1793. 


1793.  — Chapter  84. 

[January  Session,  ch.  55.] 
AN  ACT  FOR   INCORPORATING    CERTAIN  LANDS   IN  THE   TO^VN 
OF  DEDHAM  IN   THE   COUNTY  OF   SUFFOLK   INTO  A  COMMON 
FIELD. 

Preamble.  Whereas  Jacob    Penniman   and  others  have  j^etitioned 

this  Court,  setting  forth  that  they  are  proprietors  of  a  cer- 
tain Tract  of  Meadow  land  lying  in  said  Dedham  known 
by  the  name  of  Burnt  Sivamp,  which  now  lies  in  common 
with  a  large  tract  of  meadoiv,  that  is  not  secured  by  fence 
so  as  to  prevent  damage  being  done  by  horses  and  neat  cattle 
which  are  frequently  found  feeding  thereon  and  praying 
that  the  same  may  be  Incorporated  into  a  general  Field 


Acts,  1792.  —  Chapter  85.  127 

hounded  as  follows  —  to  begin  at  the  confluence  of  Traphole  Boundaries. 
Brook  (so  called)  ivith  JSfeponset  River,  thence  Southwest- 
erly on  said  Brook  till  it  comes  to  the  Southwesterly  corner 
of  James  Kingsberry^s  meadow,  thence  Northwardly  on  a 
line  that  separates  said  Meadows  from  the  upland,  till  it 
comes  to  the  Northwesterly  corner  of  the  Meadow  belonging 
to  the  heirs  of  Isaac  Lewis  deceased,  thence  running  east- 
erly on  the  line  of  the  Meadoio  of  said  Jieirs  till  it  comes 
to  the  Southwesterly  corner  of  Ebenezer  Everett's  meadow 
thence  running  northerly  on  the  line  between  said  Ebenezer 
Everett  and  Asa  EveretCs  meadow  so  on  till  it  comes  to  the 
Southivesterly  corner  of  Moses  Guild's  ineadow,  thence 
northerly  on  the  line  that  separates  the  meadow  from  the 
upland  till  it  comes  to  the  northivesterly  corner  of  said 
meadow  lotts  thence  Easterly  on  the  line  that  separates  the 
meadows  from  the  upland  till  it  comes  to  the  meadow  in- 
closed by  Seth  Bullard  &  Andrew  Willett,  thence  running 
southerly  about  tivelve  rods  to  the  end  of  a  large  ditch, 
thence  easterly  on  said  ditch  till  it  comes  to  JSfeponset  River 
thence  towards  the  east  on  said  River  till  it  comes  to  the 
bounds  first  mentioned. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  autliority  of 
the  same  —  That  Jacob  Pemiiman,  Ebenezer  Everett,  ?g°jPpoJ°[|jj_ 
Moses  Guild,  Nathaniel  Colburn,  David  Fisher,  William 
Everett  junr.  Isaac  Lewis,  Andrew  Willet,  Seth  Bullard, 
John  Fairbank,  William  Coney,  William  Pettee,  Benjamin 
Pettee,  Simeon  Rhoades,  Samuel  Pettee,  James  Kings- 
berry,  Ebenezer  Fales,  Abel  Allen,  David  Lewis,  Jona- 
than Dean,  Solomon  Kinsberry  and  Abel  Everett  their 
heirs  and  successors  be  and  they  hereby  are  incorporated 
as  the  Proprietors  of  all  the  Lands  included  within  the 
lines  aforesaid,  which  lands  shall  be  considered  one  com- 
mon and  general  field,  and  the  proprietors  and  owners  of 
said  lands  are  hereby  invested  with  all  the  powers  and 
priviledges  wdiich  the  Proprietors  of  General  Fields  by 
Law  are  invested  wdthall.  Approved  March  27,  1793. 

1793.  — Chapter  85. 

[January  Session,  ch.  57.] 
AN  ACT  FOR  ESTABLISHING  ANOTHER  TERM  FOR  HOLDING  THE 
COURT    OF    COMMON    PLEAS    &    GENERAL    SESSIONS    OF    THE 
PEACE  IN  THE   COUNTY  OF  WORCESTER. 

Whereas  it  has  been  represented  to  this  Court  that  it  Preamble. 
would  be  conducive  to  the  interest  &  convenience  of  the 


128 


Acts,  1792.  —  Chaptek  86. 


Court  of 
Common  Pleas 
established. 


Citizens  of  the  County  of  Worcester  to  establish  another 
tei'm  for  holding  the  Courts  of  Common  Pleas  &  General 
Sessions  of  the  Peace  in  said  County  — 

Be  it  therefore  Enacted  by  the  Senate  &  House  of  Rep- 
resentatives in  General  Court  Assembled  &  by  the  Author- 
ity of  the  same,  that  from  &  after  passing  this  Act  there 
shall  be  a  Court  of  Common  Pleas,  &  a  Court  of  General 
Sessions  of  the  Peace  holden  at  Worcester  within  &  for 
the  County  of  Worcester  on  the  second  Tuesday  of  June, 
annually.  Approved  March  28,  1793. 


Preamble. 


Persons  incor- 
porated into 
a  Society. 


Name  of  the 
Society. 


Persons  may 
join  or  leave,  by 
giving  notice. 


1793.  — Chapter  86. 

[January  Session,  eh.  56.] 

AN  ACT  TO  INCORPORATE  A  NUMBER  OF  THE  INHABITANTS  OF 
THE  TO\VN  OF  PITTSTON  IN  THE  COUNTY  OF  LINCOLN  INTO 
A  PARISH  BY  THE  NAME  OF  THE  EPISCOPALIAN  SOCIETY  EN 
PITTSTON. 

Whereas  a  number  of  inhabitants  of  the  toum  of  Pitts- 
ton  have  petitioned  this  Court  to  be  incorporated  for  the 
reasons  expressed  in  their  petition,  &  it  appearing  to  this 
Court  reasonable  that  the  prayer  thereof  be  granted, 

Be  it  therefore  Enacted  by  the  Senate  S  House  of  Rep- 
resentatives in  General  Court  assembled  and  by  the  author- 
ity of  the  same,  that  Jedediah  Jewett,  William  Barker, 
Henry  Smith,  Henry  Dearl)orn  Nathaniel  Bailey  Seth 
Gay,  Barzillai  Ganet,  Stephen  Jewett,  Samuel  Lang, 
Nathaniel  Hall,  Reuben  Moore,  Jonathan  Redman,  James 
Parker,  John  Nichols,  Daniel  Jewett,  Benjamin  Shaw, 
Peter  Grant,  Thomas  Town,  Cyrus  Ballard,  Simeon  Good- 
win, Nathaniel  Berry,  Thomas  Berry,  Bartholomew  Kim- 
ball, Jeremiah  Nichols,  Andrew  Bradstreet,  Gideon  Gar- 
diner, David  Phil  brook,  Rufus  Gay,  Jeremiah  Wakefield, 
Gardiner  McCausland,  Joseph  Bradstreet,  Henry  Mc- 
Causland  junr.  Henry  Smith  junr.  Nathaniel  Kimball  & 
Abraham  Fitts  the  petitioners  together  with  their  polls 
and  estates  hereby  are  incorporated  into  a  parish  by  the 
name  of  the  Episcopalian  Society  in  Pittston  with  all  the 
privileges,  powers,  &,  immunities  which  other  parishes  in 
this  Commonwealth  are  intitled  to  by  law. 

Be  it  further  enacted  by  the  authority  aforesaid,  that  if 
any  other  person  or  persons  may  incline  to  join  the  said 
Episcopalian  Society  in  said  Pittston,  by  signifying  such 
their  desire  in  writino-  to  the  Clerk  of  the  said  town  of 


Acts,  1792.  —  Chapter  87.  129 

Pittston,  he  or  they  shall  with  their  polls  and  estates  be 
considered  as  belonging  to  the  said  Episcopalian  Society 
in  the  same  manner  as  though  they  had  signed  the  said 
petition  ;  and  whenever  any  person  or  persons  belonging 
to  the  Episcoi:)alian  Society  aforesaid  shall  incline  to 
belong  to  the  other  part  of  said  Pittston,  by  signifying 
such  their  desire  in  writing  to  the  Clerk  of  said  town,  he 
or  they  shall  with  their  polls  &  estates  be,  and  hereby 
are  discharged  from  the  said  Episcopalian  Society,  and 
annexed  to  the  other  part  of  said  town. 

A7id  be  it  further  Enacted  by  the  authority  aforesaid 
that  Jedeciiah  Jewett  Esqr.  be,  &  hereby  is  authorized  to  jedediah 
issue  his  Warrant  directed    to    some    principal    member  fofssu^  wa*^/. 
of  said  parish,  requiring  him  to  warn  the  members  of  the  ■■''°'- 
said  parish,  qualitied  to  vote  in  parish  affairs,  to  assemble 
at  some  suitable  time  &  place  in  said  town,  to  choose  such 
Officers  as  parishes  are  by  law  required  to  choose  in  the 
month  of  March  &   April  annually,  and  to  transact  all 
matters  &  things  necessary  to  be  done  in  the  said  parish. 

Approved  March  28,  1793. 

1793.  — Chapter  87. 

[January  Session,  ch.  68.] 

AN  ACT  IN  ADDITION  TO  AN  ACT  INTITLED  "AN  ACT  FOR  IN- 
CORPORATING CERTAIN  PERSONS  FOR  THE  PURPOSE  OF 
BUILDING  A  BRIDGE  OYER  CHARLES  RIVER,  FROM  THE 
\VESTERLY  PART  OF  BOSTON  TO  CAMBRIDGE,  AND  FOR  EX- 
TENDING THE  INTEREST  OF  THE  PROPRIETORS  OF  CHARLES 
RIVER  BRIDGE  FOR  A  TERM   OF  YEARS." 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in   General  Cotirt  assembled,  <&  by  the  authority  of 
the   same  that  the   proprietors  of  West   Boston   Bridge  proprietors 
shall  be,  and  they  hereby  are  declared  to  be  aljle  and  ca-  puYchasel'^ 
pable  in  law  to  take  and  purchase,  and  to  have  hold,  enjoy,  ^owTands'^&c. 
possess,  receive  and  retain  any  and  all  such  lands,  tene- 
ments and  hereditaments,  and  the  rents,  profits,  and  ben- 
efits thereof,  as  the  same  proprietors  shall  judge  expedient 
for  the  better  effectuating  and  securing  the  purposes  of 
their  incorporation,  to  their  use,  and  to  the  use  of  their 
successors  and  assigns  forever,  j)rovided  that   the    same  Proviso, 
shall  not  exceed  the  sum  of  forty  thousand  dollars. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  same  proprietors  be  and  they  are  hereby  author-  Empowered  to 
ized  and  empowered  to  open,  cut,  construct  &  maintain  uan'^canaisl'&c! 


130 


Acts,  1792.  —  Chapter  87. 


Proviso. 


Preamble. 


Justices 
empowered 
to  appoint 
appraisers  in 
case  — 


Parties  dissatis- 
fied with  the 
judgment,  may 
apply  for  a  jury. 


such  Ditches,  Canals,  &  Dams,  over,  through  &  across 
the  marsh  or  upland  on  each  side  of  the  way  or  road 
which  by  the  Act,  to  which  this  Act  is  in  addition,  they 
are  required  to  make  and  to  keep  in  good  repair,  as  shall 
be  necessary  for  the  purpose  of  their  incorporation  :  Pro- 
vided that  the  whole  width  of  said  way  or  road  including 
the  said  Canals,  Ditches  and  Dams,  shall  not  exceed  one 
hundred  &  thirty  feet. 

And  lohereas  it  may  be  necessary,  that  the  same  pro- 
prietors in  7naking  said  way  or  road,  shoidd  take  use  & 
appropriate  the  lands  belonging  to  other  j^ersons;  There- 
fore 

Be  it  further  enacted  by  the  authority  aforesaid  that 
when  the  said  proprietors  shall  judge  it  necessary  to  take, 
use,  or  appropriate  any  land  not  exceeding  the  limits 
before  prescribed  for  the  use  of  said  road  or  wa}',  or  the 
maintainance  thereof,  and  cannot  agree  with  the  owners 
of  such  lands  upon  their  value,  or  the  compensation  to 
be  made  them  therefor ;  or  upon  suitable  persons  to  ap- 
praise the  same,  then,  and  in  such  case  the  Justices  of 
the  Court  of  General  Sessions  of  the  peace,  within  &  for 
the  County  where  such  lands  lie,  are  hereby  authorized 
and  empowered,  upon  application  of  either  party,  to 
appoint  three  disinterested  freeholders  of  the  County  in 
which  such  lands  lie,  to  appraise  the  same,  &  the  dam- 
ages, if  any  which  the  owner  or  owners  thereof  may  have 
thereby  sustained,  upon  the  same  principles  as  private 
property  is  to  be  appraised  and  estimated  when  taken 
and  appropriated  for  highways  or  the  repairing  the  same  : 
And  such  appraisment  being  returned  into,  and  accepted 
by  the  said  Court,  shall  be  taken  and  deemed  final  be- 
tween the  parties,  and  vest  the  estate  or  property  so 
appraised,  in  the  said  proprietors,  &  the  said  Court  shall 
thereupon  issue  their  execution  or  AVarrant  against  the 
same  proprieters  to  satisfy  the  same  appraisment  upon ; 
unless  either  party  being  dissatisfied  with  such  apprais- 
ment shall  at  the  next  session  of  the  said  Court  after  such 
acceptance  apply  for  a  Jury  to  appraise  and  estimate  the 
value  thereof,  or  the  damages,  if  any,  thereby  done  to 
the  owners  of  such  lands ;  in  which  case  the  said  Court  is 
hereby  impowered  to  hear  and  finally  determine  the  same 
by  a  Jury  under  oath  to  be  summoned  ,  by  the  Sherifl:'  or 
his  Deputy  for  that  purpose,  or  b}-  a  new  Committee  if 
both    parties   shall   agree    thereto :    And   if  the  Jury  or 


Acts,  1792.  —  Chapter  88.  131 

Committee  so  appointed  or  agreed  on  by  both  parties, 
who  are  to  be  under  oath,  shall   not  return  a  verdict  or 
make  a  report  or  return  more  favorable  to  the  petitioners 
or  applicant,  than  the  first  Committee  appointed  by  the 
Court  as  aforesaid,  the  petitioner  or  applicant  shall  pay  Payment  of 
the  other  party  his  reasonable  costs,  otherwise,  the  other  *'°*'*' 
party  shall   pay  such  costs  ;    &  in  both  cases  Judgment 
shall  be  made  up  agreeably  to  the  virdict  of  the  Jury,  or 
report  of  the  last  Committee,  so  far  as  it  respects  damages, 
with  or  without  the  deduction  of  costs  therefrom,  as  the 
case  shall  require,  and  execution  shall  issue  accordingly ; 
and  the  bodies  of  any  of  the  same  proprietors  shall  be,  Proprietors 
and  hereby  are  made  liable  to  be  taken  in  execution  on  taken  in  execu. 
such  Judgment,  in  the  same  manner  the  inhabitants  of  "°°" 
any  town  are  by  law  liable,  when  Judgments  are  had 
against  them  ;  &  the  lands  or  other  estate  shall  vest  in  the 
same  proprietors,  their  successors  and  assigns  in  fee  sim- 
ple forever. 

And  u'hereas  it  may  he  of  public  advantage  that,  the  Preamble. 
proprietors  of  Charles  river  Bridge  should  be  enabled  to 
purchase  and  hold  real  estate  to  a  certain  amou7it; 

Be  it  further  enacted  by  the  authority  afor^esaid,  that  the  Proprietors  of 
proprietors  of  Charles  river  Bridge  be  &  hereby  are  de-  may  legaii^ 
clared  able  and  capable  in  law,  to  take  &  inirchase,  &  to  how'iand,"&c. 
have,  hold,  enjoy,  possess,  receive,  &  retain  any  &  all 
such  lands,   tenements  &  hereditaments,  and   the   rents 
profits    &  benefits  thereof  as  the  same  proprietors  shall 
judge  expedient  for  the  better  effectuating  &  securing  the 
purposes  of  their  incorporation,  to  their  use,  and  the  use 
of  their  successors  &  assigns  forever  ;  Provided  the  same  Proviso, 
shall  not  exceed  the  sum  of  forty  thousand  dollars. 

Approved  March  28,  1 793. 

1793.  — Chapter  88. 

[January  Session,  ch.  59.] 

AN  ACT  IN  ADDITION  TO,  &  FOR  REPEALING  A  CERTAIN  CLAUSE 
IN  AN  ACT  PASSED  MARCH  THE  TWENTY  EIGHTH,  IN  THE 
YEAR  OF  OUR  LORD,  ONE  THOUSAND  SEVEN  HUNDRED  AND 
EIGHTY  EIGHT,  INTITLED  "AN  ACT  TO  PREVENT  THE  DE- 
STRUCTION OF  ALEWIVES  AND  OTHER  FISH  IN  IPSWICH 
RIVER,  &  TO  ENCOURAGE  THE  ENCREASE  OF  THE  SAME. 

Whereas  it  appears  by  the  petition  of  Thomas  Burn-  Preamble. 
ham,  and  a  certificate  of  the  Selectmen  of  the  toivns  of 
Ipswich,  Topsfield  and  Middleton  accompanying  the  same, 


132 


Acts,  1792.  —  Chapter  89. 


Burnham's 
gaw-mill  to  be 
under  the  direc 
lion  of  Select- 
men. 


that  a  repeal  of  a  certain  clause  in  the  aforementioned 
Act  so  far  as  it  respects  the  using  and  improving  the  said 
Burnham's  Saw-mill,  from  the  last  day  of  April  to  the 
first  day  of  June  annually,  jjrovided  the  same  be  subjected 
to  the  regulation  herein  after  mentioned,  tvill  not  be  inju- 
rious to  the  public; 

Be  it  therefore  Enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Court  assembled  (&  by  the  authority 
of  the  same,  that  the  future  using  and  improving  the  said 
Burnham's  lower  Saw-mill,  standing  on  Ipswich  river, 
within  the  town  of  Ipswich,  from  the  last  day  of  April  to 
the  first  day  of  June  annually,  shall  be  under  the  direc- 
tions, regulations  and  restrictions  of  the  major  part  of  the 
Selectmen  of  the  towns  of  Ipswich,  Topsfield  &  Middle- 
ton  for  the  time  being,  such  directions,  regulations  and 
restrict[r]ions  being  made  in  writing  under  the  hands  of 
the  major  part  of  the  Selectmen  aforesaid,  delivered  to 
the  said  Burnham  from  time  to  time,  as  shall  be  found 
necessary. 

And  be  it  further  enacted  that  for  every  omission  or 
of  regulations,  violatiou  of  such  directions,  regulations  or  restrictions  as 
aforesaid  the  said  Burnham  shall  be  subjected  to  such 
penalties  and  forfeitures  as  is  incured  by  the  aforemen- 
tioned Act,  for  using  &  improving  said  Saw-mill  within 
the  term  aforesaid  to  be  sued  for  recovered  and  applied  in 
manner  as  is  prescribed  in  the  said  Act. 

And  be  it  further  enacted  that  the  sixth  clause  of  the 
afore  mentioned  act  so  far  as  it  respects  the  using  and  im- 
proving the  said  Burnham's  lower  Saw  mill,  within  the 
term  therein  mentioned,  shall  be,  &  hereby  is  repealed. 

Approved  March  28,  1793. 


Penalties  in 
case  of  breach 


Clause 
repealed. 


Owners  of 
Mills  allowed 
to  shut  sluice- 
ways. 


1792.  — Chapter  89. 

[January  Session,  ch.  60] 

AN  ACT  FOR  REGULATING  THE  OPENING  OF  SLUICE  WAYS,  IN 
THE  SEVERAL  MILL-DAMS  ON  RIVER  MEADOW  BROOK  IN  THE 
TOWN  OF  CHELMSFORD,  AND  DISTRICT  OF  CARLISLE. 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  Sby  the  authority  of  the 
same  that  the  owners  of  Mills  on  River  Meadow  Brook, 
so  called,  in  the  town  of  Chelmsford  &  District  of  Carlisle 
be,  &  they  are  hereby  permitted  to  keep  the  sluice   ways 


Acts,  1792.  —  Chapter  89.  133 

in  their  respective  Mill  clams  shut,  such  part  of  the  time 
heretofore  provided  by  law  for  keeping  them  open  for  the 
passage  of  tish  up  the  said  Brook  as  shall  by  the  Select- 
men of  the  town  of  Chelmsford  &  the  Selectmen  of  the 
District  of  Carlisle  for  the  time  being,  be  judged  will  not 
prevent  the  passage  of  the  fish  up  the  said  stream  and 
most  conducive  to  the  public  good  —  Pr'ovided  the  said  Proviso. 
Selectmen  of  Chelmsford  &  Carlisle  make  their  determina- 
tion in  writing  under  their  hands,  &  such  determination 
be  kept  constan[^Jly  posted  up  in  some  conspicuous  place 
at  each  of  the  Mills  on  the  said  Brook,  any  law  to  the 
contrary  notwithstanding.  Approved  March  28,  1793. 


RESOLVES 


MASSACHUSETTS 


1792. 


EESOLVES 


GENERAL    COURT 


Commonwealth  of  Massachusetts, 


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

ON   WEDNESDAY   THE   THIRTIETH    DAY   OF 

MAY,  ANNO  DOMINI,   1792. 


BOSTON : 
PRINTED    BY    THOMAS    ADAMS, 

Printer  to  the  Honourable  General  Court. 

M.DCC.XCII. 

Reprinted  by  "Wright  &  Potter  Printing  Company,  State  Printers. 


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  BOSTOX,  IN  THE  COUNTY  OF  SUF- 
FOLK, ON  WEDNESDAY  THE  THIRTIETH  DAY  OF  MAY, 
ANNO  DOMINI,   1792. 

His  Excellency  JOHN   HANCOCK,  Esq  ; 

Governour. 

His  Honour  SAMUEL   ADAMS,  Esq; 
Lieutenant-Governour. 

COUNSELLOBS, 

Honourable  Samuel  Holten,  Honourable  William  Shepai'd, 
Moses  Gill,  Edward  Cutts, 

Azor  Orne,  Eleazer  Brooks, 

Thomas  Durfee,  James  Warren,  Es- 

Oliver  Wendell,  quires. 

The  folloiving  are  the  names  of  the  Gentlemen  who  compose  the  two 
Branches  of  the  OENEBAL  COUBT,  viz. 

SENATOBS, 
Hon.  SAMUEL  PHILLIPS,  Esq.  President. 

County  of  Suffolk.  County  of  Middlesex. 

Hon.  Stephen  Metcalf,  Hon.  Ebenezer  Bridge, 

Thomas  Dawes,  Josejjh  Hosmer, 

William  Heath,  Joseph  B.  Vai'num, 

Benjamin  Austin,  jun.  Samuel  Dexter,  jun.  Es- 

Ebenezer  Thayer,  jun.  Es-  quires, 
quires. 

County  of  Hampshire. 

County  of  Essex.  Hon.  Samuel  Lyman, 

Hon.  Samuel  Phillips,  Samuel  Fowler, 

Stephen  Choate,  John  Hastings, 

Theophihis  Bradbuiy,  Simeon  Strong,  Esquires. 
Peter  Coffin,  Esquires. 


140 


Eesolves,  1792.  —  May  Session. 


SENATORS- 
County  of  Plymouth. 
Hon.  Daniel  Howard, 
Isaac  Thompson, 
Josiah  Smith,  Esquires. 

County  of  Bristol. 
Hon.  Walter  Spooner, 

Elisha  May,  Esquires. 

County  of  Barnstable. 
Hon.  Solomon  Freeman,  Esquii'e. 

Duke's-County  and  N  axtucket. 
Hon.  Peleg  Coffin,  juu.  Esquire. 

County  of  Worcester. 
Hon.  Abel  Wilder, 
Samuel  Baker, 
Jonathan  Warner, 
Timothy  Xewell,  Esquires. 


-  Concluded. 

County  of  York. 
Hon.  Nathaniel  Wells, 

Simon  Fry,  Esquires. 


County  of  Cumberland. 
Hon.  Peleg  Wadsworth,  Esquire. 


Lincoln,  Hancock  and  Wash- 
ington. 
Hon.  Daniel  Cony,  Esquire. 


County  of  Berkshire. 
Hon.  Thompson  J.  Skinner, 
Elijah  Dwight,  Esquires. 


MEMBERS   OF  THE  HOUSE   OF  REPRESENTATIVES. 

Honourable  DAVID   COBB,  Esq.  Speaker. 

Cozinty  of  Suffolk. 


f  William  Tudor,  Esq. 
Samuel  Breck,  Esq. 
I  Jonathan  Mason,  Esq. 
J  Charles  Jarvis,  Esq. 
]  John  C.  Jones,  Esq. 
William  Eustis,  Esq. 
I  Joseph  Blake,  Esq. 
l_  Thomas  Edward,  Esq. 
Roxbury,  John  Read,  Esq, 
Dorchester,  Benjamin   Hichborn, 
Esq. 
Mr.  John  Howe. 
Milton,  Edward  H.  Bobbins,  Esq. 
Weymouth,     Nathaniel     Baj^ley, 

Esq. 
Hingham,  Col.  Charles  Cushing, 
Cohasset,  Thomas  Lothro^j,  Esq. 


JDedham,  Nathaniel  Ames,  Esq. 
Mr.  Nathaniel  Kingsbury, 
Brookline,  Mr.  John  Goddard, 
Medfteld  &  Dover,  Mr.  Oliver  Ellis, 
Stoughton,  Col.  Frederick  Pope, 
Medway,  Mr.  Moses  Richardson, 

jun. 
Walpole,  Seth  Bullard,  Esq. 
Wrentham,Mv.  Nathan  Comstock, 
Franklin,  Mr.  Hezekiah  Fisher, 
Bellingham,  Mr.  Aaron  Holbrook, 
Foxborough,  Mr.  John  Everett, 
Chelsea,  Capt.  John  Sale,  jun. 
Sharon,  Mr.-  Joseph  Hewins. 
Quincey,  Peter  Boylston  Adams, 
Esq. 


County  of  Essex. 

Salem,  Samuel  Ward,  Esq.  Newbury  Port,   Mr.   Enoch  Tit- 
Ebenezer  Beckford,  Esq.  comb,  jun. 

John  Saunders,  jun.  Esq.  Stephen  Cross,  Esq. 

John  Fiske,  Esq.  Mr.  John  Mycall, 

John  Hathorne,  Esq. 


Kesolves,  1792.  —  May  Session. 


141 


REPRESENTATIVES  —  Contimied. 
County  of  Essex  —  Concluded. 


Neivbury,  Mr.  Nathaniel  Emery, 

Mr.  Silas  Little. 
Ipswich,  John  Manning,  Esq. 

Mr.  John  Heard, 

Jonathan  Cogswell,  Esq 

Elisha  Whitney,  Esq. 
Andover,  Joshua  Holt,  Esq. 
Bradford,  Peter  Russell,  Esq. 
Beverly,  Larkin  Thorndike,  Esq. 

Mr.  Joseph  Wood, 

Mr.  John  Cabot, 
Danvers,  Israel  Hutchinson,  Esq. 
Marblehend,  Samuel  Sewall,  Esq. 

William  R.  Lee,  Esq. 

Marston  Watson,  Esq. 


Gloucester,  Capt.  William  Pear- 
son, 
John  'Low,  Esq. 
Haverhill,  Capt.  Francis  Carr, 
Lymi  &  Lynnfield,  Ezra  Collins, 

Esq. 
Roivley,  Capt.  Thomas  Mighill, 
Salisbury,  iMajor  Josej^h  Page, 
Amesbury,  Mr.  Joseph  Wingate, 
Boxford,    Thomas    Perley,    jun. 

Esq. 
Meihne7i,  Capt.  John  Davis, 
Wenham,  Major  Billy  Porter, 
Tox)sfield,  IMr.  Silvanus  Willes, 


County  of  Middlesex. 


Cambridge,  Stej^hen  Dana,  Esq. 
Charlestoivn,    Richard     Devens, 

Esq. 
Watertoivn,  Amos  Bond,  Esq. 
Wobtirn,  Samuel  Thomson,  Esq. 
Concord,  Mr.  Jonathan  Fay, 
Neiotown,  Doctr.  John  King, 
Reading,  Mr.  Benjamin  Upton, 
Marlborough  Col.  Edward  Barnes, 
Billerica,  Edward  Farmer,  Esq. 
Framingham,     Jonathan     May- 

nard,  Esq. 
Lexington,  Mr.  Joseph  Simonds, 
Chelmsford,  Major  John  Minot, 
Sherburne,  Daniel  Whitney,  Esq. 
Sudbury,  William  Rice,  Esq. 
Maiden,  Capt.  Isaac  Smith, 


Weston,  Mr.  Amos  Bigelow, 
Medford,  Capt.  Ebenezer  Hall, 
Wesiford,  Zacheus  Wright,  Esq. 
Waltham,  Mr.  Abner  Sanderson, 
Stoiv  &  Boxborough,  Mr.  Chai'les 

Whitman, 
Groton,  Major  Aaron  Brown, 
Feppercll,  Joseph  Heald,  Esq. 
Townsend,  ^Ir.  Jonathan  Wallis» 
Dracut,  Parker  Yarnum,  Esq. 
Acton    &    Carlisle,    Mr.     Jonas 

Brooks, 
Lincoln,  Mr.  Samuel  Hoar, 
Wilmington,  Col.  William  Blan- 
ch ard, 
Teivksbury,  Mr.  Mitchell  Davis, 
Littleton,  Sampson  Tuttle,  Esq. 


County  of  Hampshire. 


Springfield,  Moses  Bliss,  Esq. 
West  Springfield,  Justin  Ely,  Esq. 
Wilbraham,  John  Bliss,  Esq. 
North  Hampton  &  }  Samuel  Hen- 
East  Hampton,  \  shaw,  Esq. 
Amherst,  Capt.  Moses  Cook,  jun. 
Williamsburg,  William  Bodman, 

Esq. 
Westfield,  William  Shepard,  Esq. 

Mr.  John  Phelps, 
Deerfeld,  Mr.  Jonathan  Hoit, 
Conway,  William  Billings,  Esq. 
Sunderhmd,  Mr.  Giles  Hubbard, 
Brimfeld,  Joseph  Browning,  Esq. 


New  Salem,   Capt.  Ezekiel  Kel- 
logg, jun. 
Ashfeld,  ]\lr.  Ephraim  Williams, 
Worthington,  Nahum  Eager,  Esq. 
Monson,  Col.  Reuben  Munn, 
Pelham,  Mr.  Adam  Clark, 
Hadley,  Capt.  Charles  Phelps, 
Palmer,  David  Shaw,  Esq. 
Northfield,  Mr.  Obadiah  Dickin- 
son, 
Belchertotim,  IMr.  Park  Holland, 
Colraiji,  Hugh  McClellan.  Esq. 
Charlemont,  Mr.  Aljel  Wilder. 
Shelburne,  Capt.  Benjamin  Xash, 


142 


Resolves,  1792.  —  May  Session, 


REPRESENTATIVES— Continued. 
County  of  Hampshire  —  Concluded. 


Southivick,  Isaac  Coit,  Esq. 

Granville,  Col.  Timothy  Robin- 
son, 

Greenfield,  David  Smead,  Esq. 

Greenwich,  Mr.  James  Fiske, 

South  IIam2)to7i,  Lemuel  Pom- 
eroy,  Esq. 


County  of 

Plymouth,  John  Davis,  Esq. 
Scituate,  Capt.  Elijah  Turner, 

Mr.  Hayward  Pierce, 
Diixbury,    Gamaliel      Bradford, 

Esq. 
Marshfield,  Capt.  Joseph  Bryant, 
Bridgwater,  Beza  Hayward,  Esq. 
Middleborough,    James     Sprout, 

Esq. 
Rochester,  Col.  Ebenezer  White, 


Warwick  &  Orange,  John  Golds- 
bury,  Esq. 
Blanford,  Mr  Reuben  Boies, 
Bernardston  &  )  Mr.       Hezekiah 
Ley  don,  \      Newcomb, 

Buckland,  Samuel  Taylor,  Esq. 
Long  Meadow,  Mr.  Jabez  Colton, 
Hatfield,  Mr.  Benjamin  Smith. 

Plymouth. 

Plympton,  Mr.  Gideon  Bradford, 

jun. 
Pembroke, Qii\)i.  John  Turner,  jun. 
Kingston,  Ebenezer    Washburn, 

Esq. 
Abingto7i,  Capt.  Luke  Bicknell, 
Hanover,  Mr.  Melzer  Curtis, 
Halifax,  Ebenezer  Thomson,  Esq. 
Wareham,  David  Nye,  Esq 
Carver,  Francis  Shurtliff,  Esq. 


County  of  Barnstable. 


Barnstable,  Capt.  Samuel  Smith, 
Sandwich,  Joseph  Nye,  Esq 
Yarmouth,  David  Thacher,  Esq. 
Eastham,  Elijah  Knowles,  Esq. 
Harwich,  Mr.  Kimbal  Clark, 
Joseph  Snow,  Esq. 


Wellfleet,  Samuel  Waterman,  Esq. 
Truro,  Mr.  Anthony  Snow,  jun. 
Falmouth,  Capt.  David  Nye, 
Chatham,  Mr.  Richard  Sears, 


County  of  Bristol. 


Taunton,  Hon.  David  Cobb,  Esq. 
Rehoboth,  Hon.  Phanuel  Bishop, 

Esq. 
Swanzey,     Christopher     Mason, 

Esq. 
Dartmotith,  Hon.  Holder  Slocum, 

Esq. 
A'brion,  Seth  Smith,  jun  Esq. 
Attleborough,     Major     Ebenezer 

Tyler, 


Dighton,  Mr.  Thomas  S.  Baylies, 
Freetoivn,  j\Ir.  Ephraim  Winslow, 
Rayyiham,  Josiah  Dean,  Esq. 
Easton,  Colo.  Abiel  Mitchell, 
Mansfield,  Mr.  Benjamin  Bates, 
Berkley,  Samuel  Tobey,  Esq. 
Westjiort,  Mr.  William  Almy, 
Somerset,    Jerathmeel     Bowers, 
Esq. 


County  of  York. 


York,  Cajit.  Joseph  Tucker, 
Eittery,  Mr.  Mark  Adams, 
Wells,  John  Storer,  Esq. 
Berwick,  Ichabod  Goodwin,  Esq. 
Arundell,  Capt.  Jacob  Wilds, 
Biddeford,  Colo.  Joseph  Morrill, 


Pejiperellborongh,     Dr.      Josiah 

Fairfield, 
Buxton,  Mr.  John  Woodman, 
Lebanon,    ]\Ir.    Thomas     Millet 

Wentworth, 
Fryeburg,  Simon  Frye,  Esq. 


County  of  Duke's  County. 
Hdgarlon,  William  Jernigan,  Esq.       Chilmark,  Benjamin  Bassett,  Esq. 


Resolves,  1792.  —  May  Session. 


143 


REPBE8ENTATIVES—  Continued. 

County  of  Nantucket. 

Sherburne,  Mr.  Micajah  Coifin, 


County  of  Worcester. 


Worcester^  Capt.  Samuel  Flagg, 
Lancaster,  Caj)t.  Ephraim  Carter, 

jun 
Mendon,  Benjamin  Read,  Esq. 
Brookfield,  Thos.  Hale,  jun.,  Esq. 
Oxford,  Capt.  Jeremiah  Learned, 
Cha?-Uo?i,  Salem  Towne,  Esq. 
Suit07i,  Solomon  Leland,  Esq. 
Leicester,  Col.  Thomas  Denny, 
Spencer,  Mr.  James  Hathaway, 
Rutland,  William  Cakhvell,  Esq. 
Oakham,  Capt.  Joseph  Chaddock, 
nubbardston,    William    Mareau, 

Esq. 
New  Braintree,  Benjamin  Joss- 

lyn,  Esq. 
Southborough,    Elijah    Brigham, 

Esq. 
Northborough,  Mr.  Isaac  Davis, 
Shrewsbury,  Major  Jonah  Howe, 
Lunenburg,  Josiah  Stearns,  Esq. 
Capt.  John  Fuller, 


Fitchburg,  Mr.  Daniel  Putnam, 
Uxbridge,  INIr.  Nathan  Tyler, 
Sturbridge,  Mr.  Josiah  Walker, 
Hardwick,  Martin  Kinsley,  Esq. 
Western,  Danforth  Keyes,  Esq. 
Zeor»zns^er,Capt.  Timothy  Boutel, 
Holden,  Mr.  John  Dodds, 
Douglass,  Mr.  Aaron  Marsh, 
Orafton,  Colo.  Luke  Drury, 
Petersham,  Daniel  Biglow,  Esq. 
Eoyalston,  Mr.  Oliver  W'oi'k, 
Athol,  Mr.  Josiah  Goddard, 
Templeton,  CajDt  Joel  Fletcher, 
Princeton,  Hon.  Moses  Gill.  Esq. 
Ashburnham,  Mr.  Jacob  Willard, 
Upton,  Col.  Ezra  Wood, 
Dudley, C&])i  John  Chamberlain, 
Barre,  Mr.  John  Black, 
Milford,  Major  Samuel  Jones, 
Stirling,  Mr.  Edward  Raymond, 
Boylston,  Mr.  Jonas  Temple, 


County  of  Cumberland. 


Falmouth,  Joseph  Noyes,  Esq. 

Portland,  Mr.  John  Fox, 
Daniel  Davis,  Esq. 

North    Yarmouth,  Mr.   William 
Martin, 

Scarborough,    William   Thomp- 
son, Esq. 

Oorham,  Hon.  Josiah   Thacher, 
Esq. 
Stephen  Longfellow,  Esq. 


Cape-Elizabeth,      Mr.     Barzillai 

Delano, 
Brimsivick,  Caj^t.  John  Peterson, 
Harpswell,  Isaac  Snow,  Esq. 
New  Gloucester,  William  Wedg- 

ery,  Esq 
Freeport,  John  Gushing,  Esq. 


County  of  Lincoln. 


Pownalborough,  John   Gardiner, 
Esq. 
David  Sylvester,  Esq. 
Georgetown,  Mr.  Jordan  Parker, 
Newcastle,  Major  John  Farley, 
Woolwich,  Nathaniel  Thwing.Esq. 
Topsham,  Hon.  Samuel  Thomson, 

Esq. 
Boothbay,  William  McCobb,  Esq 
Vassalborough,  Mr.  Charles  Web- 
ber, 


Winslow,  George  Warren,  Esq 
Winthrop    &    Readfeld,    Robert 

Page,  Esq 
Thoviaston,  Mr.  Samuel  Brown, 
Bath,  Francis  Winter,  Esq. 
Pittston,  Jedediah  Jewett,  Esq. 
Cushiyig,  John  McKilles,  Esq. 
Halloivell,  Mr.  Nathaniel  Dum- 

mer. 


144  Resolves,  1792.  —  May  Session. 


BEPRESENTATIVES— Concluded. 

County  oj  Berkshire. 

Sheffield   &  Mount )  Mr.      John  Lenox,  Caleb  Hyde,  Esq. 

Washington,  \      Hubbard,  Stockbridge,  Hon.  Timothy  Ed- 

G7'eat  Barringt07i,  Thomas  Ives,  wards,  Esq. 

Esq.  Egremont,  Mr.  Nicholas  Chace, 

Partridge  field,  Ebenezer   Pierce,  Sa«fZi.^;/?eW,  John  Picket,  jun.  Esq, 

Esq.  Becket,  Nathaniel  Kingsley,  Esq. 

New  Marlborough,0\)adiah  Ward,  Windsor,  Mr.  Joshua  Seals, 

Esq.  Hancock,  Capt.  Simeon  Martin, 

Williamston,      Major       William  i?tcAmo?jd,  Nathaniel  Bishop,  Esq. 

Young,  West  Stockbridge,  Thomas  Lusk, 
Lanesborough    &    Neiv    Ashford,  Esq. 

Gideon  Wheeler,  Esq.  Adams,  Israel  Jones,  Esq. 

William  Starkweather,  Esq.  Lee,  Capt.  Josiah  Gale. 
Pittsjield,  Capt.  Danl.  Hubbard, 
Timothy  Childs,  Esq. 

County  of  Washington. 
Machias,  Mr.  Phineas  Bruce. 

Chapter  1. 

RESOLVE  EMPOWERING  HON.  THOMAS  DAWES,  ESQ.  TO  PROVIDE 
VENTILATORS  FOR  THE  HOUSE  OF  REPRESENTATIVES,  AND 
SUITABLE  LOBBIES  AND  TABLES. 

Resolved  that  the  honble.  Thos.  Dawes  Esqr.  be  and  he 
herein"  is  authorized  and  impowered  to  provide  conven- 
ient Ventilators  for  the  House  of  Represen[to]tives  and 
Gallery,  and  also  an  additional  Lobbey  or  Lobbies  to- 
gather  with  sutable  Tables  &  Chairs  for  the  accomo[c?a]- 
tion  of  the  members  of  the  Legislature  and  the  dispatch 
of  public  business — and  to  lay  his  Account  of  expen[en]ces 
therefor  before  the  Committe  of  Accounts  for  examination 
&  allowance.  June  5,  1792. 

Chapter  3. 

RESOLVE    ON    THE    PETITION    OF    THE    SELECTMEN    OF    EAST- 
HAMPTON. 

On  the  Petition  of  the  Selectmen  of  the  District  of  East 
Hampton,  for  Reasons  set  forth  in  said  Petition. 

Resolved  That  the  said  Selectmen  and  the  Clerk  of  said 
District  be  &  they  are  hereby  exempted  from  any  For- 
feiture to  which  they  are  or  may  be  liable  for  not  certify- 
inof  and  returninor  Votes  for  a  Governour  Lieutenant 
Governour  and  Senators  the  present  \ear  —  any  Law  or 
Resolve  to  the  contrary  notwithstanding.     June  5,  1792. 


Resolves,  1792.  —  May  Session.  145 


Chapter  3. 

RESOLVE    FOR    THE    APPOINTMENT   OF  ADDITIONAL    NOTARIES 

PUBLIC. 

Resolved  that  there  Shall  be  elected,  this  present  session 
of  the  General  Court  and  annually  hereafter,  elected 
additional  Notaries  Public  in  ye  following  Counties  and 
Towns,  vizt.  one  in  Haverhill  &  one  in  Beverly  in  the 
County  of  Essex,  one  in  Concord  one  in  Groton  and  one 
in  Watertown,  in  the  County  of  Middlesex,  one  in  Spring- 
field or  West  Springfield  and  one  in  Greenfield  in  the 
County  of  Hampshire,  one  in  Brookfield  one  in  Mendon 
one  in  Petersham  and  one  in  Sterling  in  the  County  of 
Worcester,  one  in  Brunswick  in  ye  County  of  Cumberland, 
one  in  Bath  in  the  County  of  Lincoln,  one  in  Pittsfield, 
in  the  County  of  Berkshire,  one  in  Taunton  in  ye  County 
of  Bristol,  one  in  Falmouth  in  ye  County  of  Barnstable, 
one  in  Edgartown  in  the  County  of  Dukes  County,  one 
in  Situate  in  the  County  of  Plymouth,  and  one  in  Golds- 
borough  in  the  County  of  Hancock.  June  7,  1792. 

Chapter  4. 

RESOLVE  ON  THE  PETITION  OF  JOHN  STONE  AND  JOHN 
HAVEN,  GUARDIANS  TO  THREE  CHILDREN  OF  ABIJAH  HALL, 
DECEASED. 

On  the  Petition  of  John  Stone  Guardion  of  Mary  Hall 
and  Elizalieth  Hall  minors  and  Children  of  Nathan  Hall 
late  of  Winthrop  in  the  County  of  Lincoln  deceased 
intestate,  and  John  Haven  Guardian  of  Abijah  Hall  a 
minor  and  son  of  said  deceased,  said  Minors  being  the 
only  heirs  at  Law  of  said  deceased  praying  leave  to  con- 
firm or  release  to  Samuel  Foster,  Timothy  Branard,  & 
Josiah  French,  their  heirs  &  assigns  forever,  one  certain 
Tract  of  Land  lying  within  the  Township  of  said  Win- 
throp of  One  hundred  &  Fifty  acres  the  proper  Inheritance 
of  said  Minors,  heretofore  conveyed  by  John  Freeland 
late  Guardian  of  said  Minors. 

Resolved  for  reasons  set  forth  in  their  said  Petition, 
that  the  said  John  Stone  &  John  Haven  in  their  said 
capacity  of  Guardians  of  said  Minors,  are  hereby  impow- 
ered  to  confirm  &  release  the  Lands  aforementioned  to 
the  said  Samuel  Foster,  Timothy  Branard,  and  Josiah 
French,  their  heirs  &  assigns  forever;  provided  the  said 


146  Kesolves,  1792.  —  Mat  Session. 

Samuel  Foster,  Timothy  Branard,  &  Josiah  French,  shall 
within  one  year  from  the  date  of  this  Resolve  Severally 
pay  their  respective  proportion  of  the  sum  of  Two  hun- 
dred and  Ninety  three  pounds  one  shilling  &  two  pence 
with  lawful  Interest  from  the  6th  of  November  1789  to 
the  said  John  Stone,  &  John  Haven  as  Guardians  as  afore- 
said,—  and  provided  also,  that  the  said  John  Stone  & 
John  Haven,  in  their  said  capacity  shall  give  Bond  with 
sufficient  Sureties  to  the  Judge  of  Probate  for  the  County 
of  Middlesex  for  the  faithfull  Application  of  said  sum  & 
Interest  to  the  Use  of  Said  Minors  according  to  Law. 

June  8,  1792. 

Chapter  5. 

RESOLVE  AUTHORIZING  SAMUEL  BAKER,  ESQ.  AND  OTHERS,  TO 
SURVEY  A  CONVENIENT  PLACE  FOR  A  PUBLIC  ROAD  FROxM 
BOSTON  TO  WORCESTER. 

Whereas  Samuel  Baker,  John  Fessenden,  &  Josiah 
Stearns,  Esqrs.  were  appointed  a  Committee  by  a  Resolve 
of  the  General  Court,  passed  the  ninth  of  march,  1792, 
to  asertain  by  survey  or  otherwise,  the  shortest  &  most 
Eligible  Roads  from  the  Town  of  Boston  to  the  Town 
of  AVorcester,  &  the  Expediency  of  altering  the  present 
Established  Post  Road  Ijetween  said  Towns  &  to  report 
at  the  present  setting  of  the  General  Court ;  —  &  whereas 
said  Committe  have  been  necessarily  Prevented  from  per- 
forming said  service  within  the  time  limitted  : 

Resolved  that  the  aforsaid  Samuel  Baker,  John  Fessen- 
den, &  Josiah  Stearns,  Esqrs.  be,  &  they  hereby  are, 
authorised  &  Empowered,  to  ascertain  by  survey  or  other- 
wise, the  shortest  &  most  Convenient  Place  for  a  Publick 
Road,  from  the  Town  of  Boston,  to  the  Town  of  Worces- 
ter, &  also  to  consider  the  expediency,  of  altering  the 
present  Established  Post  road,  between  said  Towns  :  & 
to  make  report  of  their  doings  to  the  General  Court,  at 
their  next  Session.  June  8,  1792. 

Chapter  6. 

RESOLVE   ON  THE    PETITION  OF  JOSIAH  DANA,  IN   BEHALF  OF 
WILLIAM  CALDWELL,  THE  3d. 

Upon  the  Petition  of  Josiah  Dana  in  the  behalf  of  Wil- 
liam Caldwell  the  third  and  Submit  Caldwell. 

Resolved  that  the  Judge  of  Probate  for  the  County  of 


Resolves,  1792.  —  May  Session.  147 

Worcester  be  and  he  hereby  is  Empowered  to  reexamine 
and  again  settle  the  Accounts  of  John  Caldwell  Esquire 
which  on  the  first  day  of  June  in  the  year  1788  were 
settled  by  the  Judge  of  probate  for  the  said  County,  (being 
exhibited  by  the  said  John  as  Guardian  to  James  Caldwell 
and  Anna  Caldwell),  in  the  same  manner  as  if  the  same 
Accounts  had  never  been  allowed  by  the  Judge  of  Pro- 
bate, and  that  such  Proceedings  be  had  on  the  Guardian- 
ship Accounts  of  the  said  John  as  Guardian  to  the  said 
James  and  Anna  as  there  might  be  if  no  Accounts  of  the 
said  Guardianship  had  been  settled.  Jvme  8,  1792. 


Chapter  7. 

RESOLVE   DIRECTING  THE  TREASURER  TO  PAY  MARY  LINCOLK 
THE    INTEREST    DUE    ON   THE    NOTES   IN    HER   POSSESSION. 

On  the  petition  of  Mary  Lincoln,  widow,  daughter  of 
the  late  Hon.  James  Otis  deceased,  praying  that  she  may 
receive  the  interest  on  her  moiety  of  money  loaned  to 
this  Commonwealth  prior  to  the  year  1775. 

Resolved  that  the  treasurer  be  &  hereby  is  directed  ta 
pay  to  the  said  Mary  Lincoln  all  the  arrears  of  interest 
which  are  now  due  on  the  aforesaid  note  or  notes  in  her 
possession  the  said  note  or  notes  amounting  to  the  sum  of 
One  thousand  One  hundred  &  Sixteen  Pounds,  and  tO' 
discharge  the  interest  in  future  annually  on  the  said  note 
or  notes  as  the  same  shall  become  due,  out  of  any  monies- 
in  his  hands  not  otherwise  appropriated.     June  8,  1792. 


Chapter  8. 

RESOLVE   ON  THE   PETITION   OF  THE   SELECTMEN  OF  NORTON. 

On  the  Petition  of  the  Selectmen  of  ye  Town  of  Nor- 
ton Shewing  that  ye  Committee  on  Accounts  at  the  last 
Session  of  the  General  Court  did  not  reimburse  them 
their  reasonable  expences  in  Supporting  Two  of  the  Poor 
of  the  said  Commonwealth  named  in  said  petition  with 
their  families  and  praying  for  a  further  Allowance  of  the 
sum  of  Ten  pounds  nineteen  Shillings  &  Ten  pence. 

Resolved  that  ye  prayer  of  ye  sd.  Petition,  be  so  far 
granted,  that  ye  Committee  on  Accounts,  be  and  they 
hereby  are  Authorized  and  directed  to  reexamine  the 
Accounts  of  the  said  Selectmen  &  make  them  such  further 


148  Kesolves,  1792.  —  May  Session. 

Allowance  as  to  said  Committee  Shall  appear  Just  & 
Reasonable,  any  Law  or  resolve  to  the  Contrary  Notwith- 
standing. June  9,  1792. 


Chapter  9. 

RESOLVE  ON  THE  PETITION  OF  RICHARD  AND  ZEBINA  MON- 
TAGUE. DISCHARGING  NATHANIEL  MONTAGUE  OF  A  FINE. 

On  the  Petition  of  Richard  Montague  and  Zebina 
Montague  praying  that  Nathaniel  Montague  may  be  dis- 
charged from  a  fine  inflicted  on  him  for  passing  Counterfit 
Money. 

Resolved  for  reasons  Set  forth  in  Said  Petition  that  the 
Said  Nathl.  be  discharged  from  Said  fine  upon  his  paying 
all  Cost  that  has  arisen  on  the  prosecution  against  him, 
&  that  the  Sum  of  Sixty  pounds,  (lieing  the  fine)  be 
Credited  to  Elisha  Porter  Esqr.  Sheriff  of  the  County  of 
Hampshire  in  his  Settlement  with  the  Justices  of  the 
Supreme  Judicial  Court,  for  fines.  June  9,  1792. 

Chapter  10. 

RESOLVE  AMENDING  THE  LIST  FOR  TAKING  A  VALUATION,  AND 
DIRECTING  THE  SECRETARY  TO  FORWARD  A  COPY  TO  THE 
SEVERAL  TOWNS,  DISTRICTS  AND  PLANTATIONS. 

"Whereas  in  the  Act  for  enquiring  into  the  Ratable  Estates 
wdthin  this  Commonwealth,  passed  in  the  last  Session  of 
the  Legislature,  the  Article  of  "  Monies  at  Literest  more 
than  any  Creditor  pays  interest  for,"  is  among  other  things 
required  to  be  returned  ;  but  in  the  List  for  the  valuation, 
making  a  part  of  the  same  Act,  that  Article  is  not  enu- 
merated and  in  consequence  of  it,  mistakes  may  happen  in 
the  returns  which  are  to  be  made  pursuant  to  the  said  Act, 
therefore 

Resolved,  that  the  said  Article  of  "  Monies  at  Interest 
more  than  any  Creditor  pays  interest  for,"  shall  be  re- 
turned and  set  forth  in  the  Lists  to  be  made  and  returned 
pursuant  to  the  said  Act,  according  to  the  true  intent 
thereof,  the  omission  aforesaid  notwithstanding. 

And  be  it  further  Resolved,  that  the  Secretary  shall  as 
soon  as  ma}^  be  transmit  a  Copy  of  this  Resolve  to  the 
Assessors  of  the  several  Towns,  districts  &  Plantations 
within  this  Commonwealth  ;  who  are  also  hereby  required 
to  return  the  Number  of  Steers  and  Cows  of  three  years 


Resolves,  1792.  —  May  Session.  149 

old  &  upwards  —  the  error  in  the  lists  directing  a  return 
of  Steers  and  Cows  of  four  years  old  &  upwards  notwith- 
standing. June  9,  1792. 


Chapter  11. 

RESOLVE  ON  THE  PETITION  OF  THOMAS  ROBINSON  AND  OTHERS, 
FOR  BUILDING  A  BRIDGE  OVER  FORE  RIVER. 

On  the  petition  of  Thomas  Robinson  and  others  for 
building  a  bridge  Over  Fore  river,  from  said  Robinson 
warft  to  Cape  Elisabeth. 

Resolved  that  the  prayer  of  said  Petition  be  so  far 
granted  that  Ichabod  Goodwin  Josiah  Thatcher  &  Wm. 
Wedgery  Esqrs.,  appointed  by  agreement  of  the  parties, 
be  a  committee  to  view  the  Harbour  &  river  with  the 
place  proposed  for  building  said  bridge,  and  report  the 
most  suitable  place  for  Erecting  a  bridge ;  to  accommo- 
date the  towns  adjacent  and  the  public  at  large  ;  at  the 
next  sitting  of  the  General  Court  —  the  committee  to  be 
paid  by  the  petitioners.  June  9,  1792. 

Chapter  13. 

RESOLVE  ON  THE  PETITION  OF  ELIJAH  BRO^Ts^  ESQ  APPOINT- 
ING NATHANIEL  BISHOP,  THOMAS  LUSK  &  CALEB  HYDE, 
ESQ'RS.  TO  INQUIRE  INTO  THE  FACTS  STATED  IN  HIS  PETI- 
TION. 

On  the  Petition  of  Elijah  Brown  Esquire,  setting  forth 
that  by  the  running  of  the  Line  between  this  Common- 
wealth and  the  State  of  New- York  in  the  year  1787,  a 
tract  of  about  thirty  Acres  of  Land,  of  which  he  was 
seised  by  virtue  of  a  Grant  of  the  Legislature  of  this 
Commonwealth,  lying  as  was  supposed  in  the  Town  of 
Richmotid ;  is  found  to  be  within  the  State  of  New  York, 
and  praying  for  a  Compensation  for  the  loss  of  said  Land, 
by  a  grant  of  unlocated  Lands  in  West  Stockbridge. 

Resolved  that  Nathl.  Bishop  Thomas  Lusk  &  Caleb 
Hyde  Esqrs.  be  a  Committee  to  repair  to  the  said  Towns 
of  Richmond  and  West  Stockbridge,  at  the  expence  of 
the  Petitioner  to  examine  into  the  facts  set  forth  in  the 
said  Petition,  and  Report  to  the  next  or  some  future  Ses- 
sions of  the  General  Court.  June  11,  1792. 


150  Kesolves,  1792.  —  Mat  Session, 


Chapter  13. 

RESOLVE    ON    THE    PETITION    OF    THE    SELECTMEN   OF    WTIST 
SPRINGFIELD. 

On  the  Petition  of  the  Selectmen  of  West  Springfield. 

Resolved  Tliat  tlie  CoQimitte  on  Accounts  be  and  they 
hereby  are  empowered  and  directed  to  examine  and  allow, 
as  far  as  they  shall  think  just  and  reasonal)le  the  Accounts 
exhibited  by  the  said  Selectmen  against  the  Common- 
wealth for  the  Support  of  two  of  the  Commonwealth's 
poor,  any  Law  or  resolve  to  the  conterary  notwithstanding. 

June  11,  1792. 

Chapter  14. 

RESOLVE  ON  THE  PETITION  OF  LEVI  WHITNEY,  EMPOW^ERING 
HIM  TO  RE-ENTER  AN  ACTION  VS.  JAMES  LYMAN,  AT  THE 
COURT  OF  COMMON  PLEAS,  IN  THE  COUNTY  OF  HAMPSHIRE. 

Upon  the  Petition  of  Levi  Whitney. 

Resolved  that  the  Court  of  Common  Pleas  next  to  be 
held  at  Northampton  within  and  for  the  County  of  Hamp- 
shire on  the  first  tuesday  of  September  next  be  and  the 
same  is  hereby  empowered  and  directed  to  suffer  the  said 
Levi  Whitney  to  re-enter  an  Action  against  the  said 
James  Lyman  wherein  Judgment  was  given  against  the 
said  Whitney  at  a  Court  of  Common  pleas  held  within 
and  for  the  same  County  on  the  second  tuesday  of  Febru- 
ary in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  Eighty  three  ;  and  the  said  Court  so  to  be  holden  are 
hereby  fully  empowered  and  authorized  to  hear  the  par- 
ties upon  the  report  of  Referees  upon  which  the  same 
Judgment  was  given  in  the  same  manner  as  if  no  Judg:- 
ment  had  been  given  thereon  and  as  if  the  same  cause 
wherein  the  same  was  given  had  been  duh^  continued  from 
Term  to  term  unto  the  said  Court  to  be  holden  in  Septem- 
ber next  any  proceedings  therein  had  to  the  contrary  not- 
withstanding. June  11,  1792. 

Chapter  15. 

RESOLVE  DIRECTING  THE  COMMITTEE  ON  ACCOUNTS  TO  RECORD 
ALL  ACCOUNTS  EXHIBITED  FOR  THE  SUPPORT  OF  THE  COM- 
MONWEALTH'S POOR  AND  FOR  MILITIA  DUTY. 

Resolved,  That  the  Committee  on  accounts  be,  and  they 
are  hereby  directed,  to  record  in  a  book,  all  the  accounts 


Resolves,  1792.  —  Mat  Session.  151 


examined  and  allowed  by  them  relating  to  the  Militia  and 
States  Poor  severally  in  a  page  or  pages  by  themselves  ; 
in  order,  that  the  General  Court  may  at  one  view  see 
the  agregate  amount  of  the  annual  expence  of  each  of  the 
foregoing  description  of  charges.  And  that  when  the 
above  accounts  are  exhibited  to  the  General  Court  for 
their  information  and  approbation  by  the  said  Committee, 
the  accounts  of  the  States  Poor  shall  be  arranged  alpha- 
bettically  as  nearly  as  may  be  according  to  the  Towns  who 
make  their  demands.  And  the  militia  accounts  shall  be 
arranged  agreably  to  the  several  military  divisions  in  the 
Commonwealth.  June  12,  1792. 

Chapter  15a.* 

ORDER  ON    THE    PETITION   OF  NATHAN    MERRIAM  AND   JONA- 
THAN WHITCOMB. 

On  the  petition  of  Nathan  Merriam  and  Jonathan 
Whitcoml). 

Ordered  that  the  petitioners  notify  the  inhabitants  of 
the  town  of  Gardner,  by  serving  the  Clerk  of  said  town 
with  a  copy  of  said  petition  with  this  order  thereon  thirty 
days  before  the  second  Wednesday  of  the  next  session  of 
the  General  Court,  that  the}'  may  then  and  there  appear 
and  shew  cause  if  any  they  have  why  the  prayer  of  said 
petition  should  not  be  granted.  June  12,  1792. 

Chapter  16. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  LENOX 
REFERRING  THEIR  ACCOUNT  FOR  SUPPORTING  MARTHA  ST 
JOHN,  TO  THE  COMMITTEE  ON  ACCOUNTS. 

On  the  Petition  of  the  Selectmen  of  the  Town  of  Lenox 
—  praying  Compensation  for  expenses  incurred  by  said 
Town  in  supporting  jNIartha  St  John,  supposed  to  be  one 
of  the  poor  of  the  Commonwealth. 

Resolved,  that  the  said  Petition  with  the  Accounts  & 
papers  accompanying  it,  be  refered  to  the  Committee  on 
Accounts,  and  that  the  said  Committee  be  authorised  to 
allow  the  whole  of  the  said  Accounts  that  they  shall  find 
to  be  just  Charges  against  the  Commonwealth,  the  delay 

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


152  Resolves,  1792.  —  May  Session. 

of  exhibiting  their  Accounts  in  due  time,  or  any  Law  or 
Resolve  of  the  Commonwealth  to  the  contrary  notwith- 
standing. June  13,  1792. 

Chapter  17. 

RESOLVE  ON  THE  PETITION  OF  THOMAS  BREWER,  AND  HANNAH, 

HIS  WIFE. 

On  the  petition  of  Thomas  Brewer,  and  Hannah  Ham- 
ock  Brewer  his  wife,  praying  that  a  certain  House  &  Land 
with  their  appurtenances  situate  in  the  Town  of  Boston, 
&  which  on  the  19th  of  Feby.  1791  was  purchased  by 
Andrew  Cazneau  Esqr.  an  Alien,  Father  of  the  said  Han- 
nah, of  the  Heirs  of  Sarah  Green,  may  be  confirmed,  & 
vested  in  the  said  Hannah ;  it  appearing  that  the  said 
Andrew  purchased  the  same,  for  a  marriage  portion  for 
his  only  Child  the  said  Hannah,  but  took  the  Deed  for  the 
same  in  his  own  name,  &  hath  since  deceased. 

Resolved  That  the  Commonwealth  doth  hereby  release 
to  the  said  Hannah,  all  Estate,  Title  &  Interest  in  the 
premises,  which  did  accrue  to  the  said  Commonwealth,  by 
reason  of  the  said  Andrew  Cazneau  being  an  Alien,  at 
the  time  of  his  purchasing  the  same  as  Aforesaid. 

June  12,  1792. 

Chapter  17a.* 

ORDER  ON  THE  PETITION  OF  JESSE  RUSSELL. 

On  the  petition  of  Jesse  Russell  praying  for  relief  in 
a  certain  case  mentioned  in  his  petition. 

Ordered,  that  the  petitioner  cause  a  copy  of  his  said 
petition  and  of  this  order  thereon  to  be  published  in  the 
Boston  Chronicle,  three  weeks  successively,  between  the 
date  hereof  and  the  second  Wednesday  of  the  next  setting 
of  the  General  Court,  that  [that]  any  person  or  persons 
may  appear  on  the  said  day  and  shew  cause,  if  an}'  there 
be,  why  the  prayer  of  the  said  petition  should  not  be 
granted.  J^me  13,  1792. 

Chapter  18. 

RESOLVE  ON  THE  PETITION  OF  JACOB  HART. 

On  the  Petition  of  Jacob  Hart  setting  forth  that  his 
wages  as  a  Serjeant  in  the  Continental  Army  has  been 
drawn  by  a  forged  order. 

*  Not  printed  in  previous  editions.    Talcen  from  court  record. 


Kesolves,  1792.  —  May  Session.  153 

Resolved  that  the  Treasurer  of  this  Commonwealth  be 
ct  he  hereby  is  directed  to  issue  to  Jacob  Hart  or  to  his 
order  three  notes  of  the  same  tenor  &  date  with  three 
which  appear  to  have  been  dravrn  by  a  forged  Order  in 
favor  of  John  White,  Subscribed  by  the  Name  of  Jacob 
Hart,  which  Notes  were  of  the  following  description  and 
for  the  following  Sxxms  —  Vizt.  No.  ILSiUlated  Jany.  1782 
payal)le  in  1784  for  twenty  three  Pounds  Q/b  —  No.  1302 
dated  Jany.  1782  payable  in  1785  for  twenty  three  Pounds 
6/5  — &  No.  1237  dated  Jany.  1782  payable  in  1786  for 
twenty  three  Pounds  Six  shillings  &  five  pence. 

June  14,  1792. 

Chapter  19. 

RESOLVE  ON  THE  PETITION  OF  JOSEPH  RUSSELL,  AUTHORIZING 
THE  COMMITTEE  ON  ACCOUNTS  TO  EXAMINE  THE  ACCOUNTS 
OF  THE  PETITIONERS. 

On  the  Petition  of  Joseph  Russell  of  New  Bedford. 

Resolved  that  the  Committee  on  Accounts  be  and 
hereby  are  Authorised  and  Directed  to  Examine  the  Ac- 
count of  the  Petitinor  and  to  make  him  Such  allowance  as 
to  Justice  Shall  appertain  any  law  or  Resolve  to  the  Con- 
trary Notwithstanding.  June  14,  1792. 

Chapter  20. 

RESOLVE  ON   THE  PETITION    OF   JOHN  SPRAGUE,  ESQ.  SHERIFF 
OF  THE  COUNTY  OF  WORCESTER. 

On  the  Petition  of  John  Sprague  Esqr.  praying  that 
Treasurer  Hogdon  ma}'^  be  permitted  to  receive  of  the 
Said  Sprague  State  Notes  amounting  to  ye  sum  of  two 
hundred  and  Ninety  one  pound  one  shilling  and  two 
pence,  in  lieu  of  army  notes  due  from  said  Sprague. 

Resolved,  that  the  said  Treasurer  Hodgdon  or  his  Suc- 
cessor in  that  Office  be  &  he  hereby  is  permitted  to  re- 
ceive State  Notes  of  the  sd.  Sprague  to  the  amount  of  the 
said  sum  of  two  hundred  and  Ninety  one  pounds  one  shil- 
ling and  two  pence  in  lieu  of  the  same  sum  of  said  Army 
Notes,  allowing  the  Interest  on  the  said  State  Notes  untill 
the  third  Wednesday  of  Jany.  A.  D.  1791.  (&  No  longer) 
as  part  of  the  same  sum  of  two  hundred  &  ninety  one 
pounds  one  shilling  &  two  pence,  and  that  his  accounting 
for  the  same  sum  in  State  Notes  shall  operate  in  the  same 
manner  as  accounting  for  the  army  Notes. 

June  15,  1792. 


154  Kesolves,  1792.  —  May  Session. 


Chapter  21. 

RESOLVE  ON  THE  PETITION  OF  ELEAZER  JOHNSON. 

On  the  petition  of  Eleazer  Johnson. 

Resolved  That  there  be  allowed  and  paid  out  of  the 
pul)lick  Treasury  to  Eleazer  Johnson  fourteen  pounds  Six 
shillings  &  three  pence  being  the  Balance  due  to  him  on 
the  Books  of  the  late  Board  of  War  —  and  John  Deming 
Esq.  is  hereby  directed  to  Balance  the  Account  of  said 
Johnson   in  the  Books  aforesaid. 

And  Whereas  it  appears  that  the  members  of  said  Board 
have  Credit  on  the  Books  aforesaid,  for  their  time  and 
attendance,  and  it  appearing  prol)able  that  the  several 
sums  for  which  they  have  Credit  have  been  allowed  them 
by  the  Committee  on  Accounts  : 

Resolved  That  John  Deming  Esqr.  be  and  he  hereby 
is  directed  to  examine  the  accounts  that  have  been  allowed 
by  the  Committee  on  accounts,  and,  if  he  shall  find  that 
the  members  of  said  Board  of  War  have  been  paid  for 
their  services,  to  Balance  their  accounts  in  the  Books 
aforesaid.  June  16,  1792. 

Chapter  22. 

RESOLVE  ON  THE  PETITION  OF  THE   PROPRIETORS  OF  PLANTA- 
TION NO.  2,  ON  THE  EAST  SIDE  OF  PENOBSCOT  RIVER. 

On  the  memorial  of  the  proprietors  of  plantation  Number 
tw"o  on  the  East  side  Penobscot  River. 

Resolved  that  the  doings  &  proceedings  of  the  propri- 
etors of  Township  Number  two  East  side  Penobscot  River, 
&  the  Record  made  by  their  Clerk  from  time  to  time  be  & 
hereby  are  confirmed,  and  rendered  as  valid  to  all  intents, 
as  though  the  Clerk  aforesaid  had  been  duly  sworn,  the 
omission  thereof  notwithstanding.  June  16,  1792. 

Chapter  23. 

RESOLVE   ON  THE   PETITION  OF  EBENEZER  THAYER,  ESQUIRE. 

On  the  Petition  of  Ebenezer  Thayer  Esquire. 

Resolved  that  there  be  paid  out  of  the  Treasury  of  this 
Commonwealth,  to  the  said  Ebenezer  Thayer  Esquire,  the 
sum  of  five  pounds  one  shilling  &  four  pence,  the  same 
sum  being  now  due  to  him  for  his  se[>']vice  as  a  member 


Resolves,  1792.  —  May  Session.  155 

of  the  honble.  Co[M]ncil  for  the  year  of  our  Lord  1776  as 
appears  l)y  the  Pay  Roll  in  the  Treasurers  Office  ;  and 
the  Treasurer  of  the  said  Commonwealth  is  hereby  directed 
to  govern  himself  accordingly.  June  16, 1792. 


Chapter  34. 

RESOLVE   ON  THE   PETITION  OF  ELISHA  PORTER,   ESQ. 

On  the  Petition  of  Elisha  Porter  Esqr,  Sheriff  of  the 
County  of  Hampshire  praying  for  liberty  to  pay  into  the 
Treasury  part  of  the  balance  due  from  him  on  executions 
for  collecting  Taxes  prior  to  tax  No.  6  —  And  for  a  longer 
time  to  pay  the  residue. 

Resolved  That  the  Treasurer  of  this  Commonwealth  be, 
■&  He  is  hereby  empowered  &  directed  to  receive  of  the 
said  Elisha  Porter  Esqr.  a  Sum  not  less  than  one  hun- 
dred &  fifty  pounds  in  part  of  the  balance  due  from  him 
as  aforesaid,  in  the  consolidated  notes  of  this  Common- 
wealth, computing  the  Interest  that  shall  be  due  thereon. 

And  it  is  further  Resolved  That  the  said  Elisha  Porter 
Esqr.  be  &  He  is  hereby  allowed  the  term  of  four  months 
from  the  date  hereof  to  compleat  &  pay  into  the  Treasury 
the  whole  of  the  remaining  balance  due  on  executions 
as  aforesaid,  prior  to  Tax  No.  6.  And  the  Treasurer  is 
hereby  directed  to  receive  the  same  in  the  consolidated 
Notes  of  this  Commonwealth  computing  the  Interest  on 
the  remaining  balance,  from  the  passing  of  this  Eesolve. 
And  the  Treasurer  is  further  empowered  to  receive  the 
remaining  Ijalance  in  different  })ayments ;  Provided  He 
receives  not  less  than  one  hundred  pounds  at  a  time. 

June  16,  1792. 

Chapter  25, 

RESOLVE   ON   THE   PETITION  OF  SAMUEL  THACHER,  GRANTING 

HIM  40s. 

On  the  Petition  of  Samuel  Thacher. 

Resolved,  for  the  reasons  Set  forth  in  Said  petition,  that 
their  be  allowed  and  paid  out  of  the  Treasury  of  this 
Commonwealth,  the  Sum  of  forty  Shillings  to  the  Said 
Samuel  Thacher  in  full  for  his  Services  as  a  Soldier  in 
the  late  Continental  Army.  June  16,  1792. 


156  Kesolves,  1792.  —  Mat  Session. 


Chapter  36. 

RESOLVE  ON  THE  PETITION  OF  EBENEZER  WILLIAMS,  EMPOW- 
ERING THE  JUDGE  OF  PROBATE,  OF  BRISTOL  COUNTY,  TO 
RE-EXAMINE  AN  ACCOUNT  EXHIBITED  BY  JONATHAN  IN- 
GALLS,   GUARDIAN  OF  ELKANAH  RICHMOND. 

Upon  the  Petition  of  Ebenezer  Williams. 

Resolved  that  the  Judge  of  Probate  for  the  County  of 
Bristol  be  and  he  hereby  is  impowred  to  reexamine  an 
account  Exhibited  by  Jonathan  Ingalls  Guardian  of  Elka- 
nah  Richmond  and  allowed  by  the  Judge  of  Probate  for 
said  County,  on  the  fourth  day  of  September  in  the  year 
of  our  Lord  1787  and  to  finally  settle  the  said  Jonathans 
account  of  Guardianship  aforesaid  in  the  same  manner  as 
if  no  account  had  ever  been  setled  or  allowed,  the  settle- 
ment of  said  account  on  the  fourth  day  of  September 
1787  Notwithstanding.  June  16,  1792. 

Chapter  27. 

RESOLVE   ON  THE   PETITION   OF   JOSEPH  HENDERSON,   ESQ. 

Upon  the  Petition  of  Joseph  Henderson  of  Dorchester 
in  the  County  of  Suffolk  Esquire  praying  that  he  may  be 
discharged  from  a  Judgment  &  Execution  thereon  now 
against  him  in  favor  of  this  Commonwealth. 

Resolved  that  for  the  Reasons  set  forth  in  said  Petition 
the  Praj^er  thereof  be  granted,  and  that  the  Judgment  & 
Execution  referred  to  in  said  Petition  rendered  by  & 
issued  from  the  Supreme  Judicial  Court  at  their  Sessions 
held  at  Cambridge  within  &  for  the  County  of  Middlesex 
on  the  last  Tuesday  of  October  last  past  for  the  sum  of 
forty  pounds  debt  in  favor  of  said  Commonwealth  against 
said  Joseph  be  cancelled  and  discharged  by  the  Attorney 
General  who  hereby  is  empowered  &  directed  to  acknowl- 
eg-e  in  due  form  of  Law  said  Judoment  to  be  satisfied  — 
said  Joseph  paying  the  Costs  attending  the  prosecution 
of  said  Suit.  June  16,  1792. 

Chapter  28. 

RESOLVE  ON  THE  PETITION  OF  ELISHA  STORY,  ADMINISTRATOR 
OF  THE   ESTATE   OF  ABIEL  RUDDOCK,  DECEASED. 

On  the  petition  of  Elisha  Story  Administrator  of  the 
Estate  of  Abiel  Ruddock  deceased. 

Resolved,  That  the  Judge  of  probate  for  the  County  of 


Kesolves,  1792.  —  May  Session.  157 

Suftblk  be,  and  hereby  is  authorized  to  re-examine  the 
Accounts  of  Elisha  Story  Administrator  of  the  Estate  of 
Abiel  Ruddock  deceased  who  was  Administrator  of  the 
estate  of  John  Ruddock  deceased,  exhibitted  and  allowed 
by  the  Judge  of  probate  for  the  said  County  on  the  19th 
day  of  January  1789,  and  to  proceed  in  the  settlement  of 
the  said  Accounts  as  to  Law  and  Justice  may  appertain. 

June  18,  1792. 


Chapter  39. 

RESOLVE    ON    THE    MEMORIAL    OF    WILLIAM    SHEPHERD    AND 
SAMUEL  FOWLER,   ESQRS.  IN  BEHALF  OF  WESTFIELD. 

On  the  memorial  of  William  Shepherd  &  Samuel  Fowler 
for  &  on  the  behalf  of  the  Town  of  Westfield,  praying 
that  the  Said  Town  may  be  abated  a  short  Return  of  a 
province  Tax,  made  by  the  Assessors  of  said  Town  in  the 
year  1771. 

Resolved,  for  reasons  set  forth  in  their  memorial,  that 
the  Sum  of  twenty  four  pounds  one  Shilling  &  eleven 
pence  be,  &  the  Same  is,  hereby  abated,  the  said  Town 
of  Westfield,  it  being  set  upon  said  Town  thro'  mistake 
in  the  year  1771.  Any  Resolve  to  the  contrary  notwith- 
standing. June  18,  1792. 


Chapter  30. 

RESOLVE  RELEASING  AND  CONVEYING  TO  ROBERT  MORRIS,  ESQ. 
ONE  SIXTIETH  PART  OF  THE  TRACT  OF  LAND  GRANTED  TO 
NATHANIEL   GORHAM   AND   OLIVER  PHELPS,   ESQRS.  &c. 

Whereas  the  General  Court  of  the  Commonwealth  of 
Massachusetts  upon  the  first  day  of  april  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  eighty  eight 
by  a  certain  Resolve  of  that  Date  did,  agree  to  grant,  sell 
and  convey  to  Nathaniel  Gorham  and  Oliver  Phelps 
Esquires  all  the  Right  Title  and  demand  which  the  said 
Commonwealth  had  in  and  to  the  Western  Territory 
ceded  by  the  state  of  New^  York  to  the  Commonwealth  by 
a  deed  executed  by  the  Commissioners  of  the  said  state  on 
the  sixteenth  day  of  December  1786  w^ith  such  exceptions 
and  Limitations  as  are  expressed.  As  well  in  acts  and 
proceedings  of  the  said  General  Court  as  those  of  their 
agents  and  Committees  ;  and  whereas  by  a  certain  Indent- 


158  Resolves,  1792.  —  May  Session. 

ure  of  agreement,  made  between  the  said  Commonwealth 
and  the  said  Gorh[a7n]  and  Phelps  on  the  ninth  day  of  June 
in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
ninety  the  said  Gorham  and  Phelps  reconverted  to  the 
said  Commonwealth  a  certain  part  of  the  same  Territory 
according  to  the  Conditions  of  the  Same  Indenture  refer- 
ence to  the  same  being  had.  And  whereas  the  said  Com- 
monwealth by  Samuel  Phillips  Nathaniel  Wells  David 
Colib  William  Eustis  and  Thomas  Davis  Esquires  agents 
for  that  purpose  especially  appointed  on  the  Eleventh  day 
of  may  in  the  year  of  our  Lord  one  thousand  seven  hun- 
dred and  ninety  one  did  sell  and  convey  to  Robert  Morris 
Esqr.  all  and  singular  the  right  &  Title  which  the  said 
Commonwealth  had  to  the  same  part  of  said  territory  so 
reconveyed  by  the  said  Gorham  and  Phelps  to  the  said 
Commonwealth  according  to  the  tenor  of  the  Deed  for 
that  purpose  executed  reference  to  the  same  being  had^ 
but  reserving  amongst  other  things  one  undivided  sixtieth 
part  of  the  same  Tract  so  reconveyed  by  the  said  Gorham 
and  Phelps  as  aforesaid,  which  same  one  sixtieth  part 
was  so  reserved  because  the  said  Gorham  and  Phelps  had 
previousl}'  contracted  to  convey  the  same  to  John  Butler 
and  [and]  it  being  represented  to  this  Court  that  Robert 
Morris  of  Philadel})hia  in  the  state  of  Pensylvania  Esquire 
has  purchased  the  said  Sixtieth  part  of  the  assigns  of  the 
said  John  Butler  and  he  having  Petitioned  the  General 
Court  of  the  said  Commonwealth  for  a  release  of  the  same 
from  the  Reservation  aforesaid  : 

It  is  therefore  Resolved  that  the  said  Commonwealth 
will  and  hereby  doth  release  and  convey  to  the  said 
Robert  Morris  his  heirs  and  assions  forever  all  the  right 
title  and  Interest  which  the  said  Commonwealth  hath  or 
could  have,  by  virtue  of  the  same  reconveyance  of  the 
said  Gorham  and  Phelps  or  by  virtue  &  force  of  the  said 
reservation,  to  the  said  one  undivided  Sixtieth  part  of 
the  said  Tract  reserved  as  aforesaid,  so  that  he  the  said 
Robert  ISIorris  his  heirs  and  assigns  shall  hold  and  enjoy 
the  same  in  the  same  manner  and  to  all  such  uses  as 
the  said  Commonwealth  could  hold  the  same  by  virtue 
of  the  same  reservation  ;  but  the  said  Commonwealth  doth 
not  warrant  the  same  against  any  claim  which  may  arise 
by  means  of  any  conveyance  from  the  said  Gorham  & 
Phelps  or  either  of  them  or  from  any  Person  claiming 
under  them  or  under  either  of  them.  June  20,  1792. 


Eesolves,  1792.  —  May  Session.  159; 


Chapter  31. 

RESOLVE  ON  THE  REPORT  OF  THE  COMMITTEE  FOR  SETTLING 
THE  LATE  TREASURER  IVERS'S  ACCOUNTS  DISMISSING  THEM 
FROM  THAT  BUSINESS. 

Resolved  that  the  Keport  of  the  Committee  appointed 
to  Settle  the  accounts  of  the  Late  Treasurer  Ivers  be,  and 
here  by  is  accepted  and  that  the  Said  Committee  be  and 
hereby  are  Discharged, — and  that  the  Committee  ap- 
pointed to  Settle  the  accounts  of  Treasurer  Hodgdon  are 
hereby  Directed  to  Govern  themselves  accordingly. 

June  22,  1792. 

Chapter  32. 

RESOLVE  ON  THE  PETITION  OF  THE  REV.  SAMUEL  WEST. 

On  the  Petition  of  Revd.  Saml.  West. 

Resolved  that  there  be  allowed  and  Paid  out  of  the 
Treasury  of  this  Commonwealth  to  Revd.  Saml.  West 
Nine  Pounds  in  full  for  his  Serving  as  Chaplain  in  the 
American  Army  in  the  year  1775.  Juyie  23,  1792. 

Chapter  33. 

RESOLVE  ON  THE  PETITION  OF  MOSES  BARLOW,  GRANTING  HIM 

£.11  5  0. 

On  the  Petition  of  Moses  Barlow  praying  for  allowance 
and  payment  for  his  Services  as  Ca})t.  of  the  Schooner 
Lyon  in  the  Year  1776  in  the  Service  of  this  Common- 
wealth. 

Resolved  for  reasons  Set  forth  in  sd.  Petition  that  the 
prayer  thereof  be  so  far  Granted  that  there  be  Alowed 
and  payd.  out  of  the  public  Treasury  of  this  Common- 
wealth to  the  Sd.  Moses  Barlow  the  Sum  of  Eleven 
pounds  five  Shillings,  (it  being  the  a  mount  of  two 
months  and  half  pay,  which  was  the  whole  Time  he  was 
in  Service  preavious  to  his  being  Made  a  prisoner,)  which 
is  in  full  for  his  Service  as  aforesaid.  June  23,  1792. 

Chapter  34. 

RESOLVE  ON  THE  PETITION  OF  JOHN  WHEELWRIGHT,  EMPOW- 
ERING HIM  TO  COMMENCE  SUITS  IN  LAW,  IN  THE  NAME  OF 
THE  COMMONWEALTH,  AGAINST  THE  POSSESSORS  OF  THE 
ESTATE  LYING  IN  BELCHERTOWN. 

On  the  Petition  of  John  Wheelwright  Admor.  on  his 
Father  Nathaniel  Wheelwright's  Estate,  praying  that  the 


160  Resolves,  1792.  —  May  Session. 

Commonwealth  would  authorize  &  impower  him  to  com- 
mence suits  in  Law  against  the  present  Possessors  of  a 
certain  Estate  lying  in  Belchertown  which  was  confiscated 
as  the  Estate  of  Charles  Paxton,  a  Conspirator,  &  which 
by  a  Eesolve  of  the  General  Court  passed  March  5th  1792 
was  released  and  given  to  the  Petitioner  in  his  Capacity 
aforesaid  —  therefore 

Resolved  That  the  said  John  Wheelwright,  in  his 
Capacity  aforesaid  be,  and  he  hereby  is,  authorized  and 
impowered  to  commence  suits  at  Law,  in  the  Name  of  this 
Commonwealth,  but  to  his  use  in  his  Capacity  aforesaid, 
and  at  his  own  Expense,  against  the  present  Possessors 
of  the  Estate  aforesaid ;  and  to  prosecute  the  same  to 
final  Judgement  and  Execution,  and  under  any  Judge- 
ment which  may  be  obtained  thereon  to  take  Seisin  & 
possession  thereof  to  the  use  aforesaid,  with  full  power  to 
substitute  any  one  or  more  Attornies  under  him,  for  the 
purposes  aforesaid,  June  25,  1792. 

Chapter  35. 

RESOLVE  OX  THE  PETITIOX  OF  THE  SELECTMEN  OF  GEORGE- 
TOWN, DIRECTING  THE  TREASURER  ON  RECEIVING  A  CER- 
TAIN SUM  OF  MONEY,  TO  MAKE  A  RECEIPT  IN  FAVOUR  OF 
SAID  TOWN'S  PROPORTION  OF  TAX  NO.  3. 

On  the  Petition  of  the  Select  men  of  the  Town  of 
Georgetown,  praying  an  Abatement  of  Taxes. 

Resolved,  for  Reasons  set  forth  in  said  Petition,  that  the 
Treasurer  of  this  Commonwealth  be  and  he  hereby  is 
directed,  on  receiving  from  said  Town  the  Sum  of  One 
hundred  and  forty  four  pounds  eight  shillings  &  six 
pence,  to  make  a  Receipt  in  full  of  said  Town's  propor- 
tion of  tax  Number  Three,  granted  in  the  year  of  our 
Lord  1783  and  to  credit  the  said  Town  accordingly. 

June  25,  1792. 

Chapter  36. 

RESOLVE  DIRECTING  MR.  DEMING  TO  CERTIFY  BALANCES  DUE 
TO  SEVERAL  SOLDIERS. 

Resolved  that  John  Deming  Esqr.  Committee  for  meth- 
odizing public  Accounts  be  and  he  is  hereby  directed  to 
Certify  to  his  Excellency  the  Governor  and  Council  in 
the  usual  Form  the  Sums  that  may  be  found  due  to  the 
Following   })ersons    on    the    Books  Containing  the  Late 


Resolves,  1792.  —  May  Session.  161 

army  accounts  viz.  Robert  Irwins  a  Soldier  in  Colo. 
Shepards  Regiment  Joseph  Fassett  a  Serjeant  in  Colo. 
Smith's  Regiment  Benajah  Woodbury  a  Soldier  in 
Colo.  Nixons  Regiment  the  Heirs  of  William  Bently  a 
Serjeant  in  Colo.  Greaton's  Regiment  the  heirs  of  Isaac 
Cooly  a  Soldier  in  Colo.  Brooks  Regiment  Jonathan 
Morey  a  metross  in  Colo  Cranes  Regiment  Isaac  Sander- 
son a  metross  in  Colo.  Cranes  Regiment  the  Heirs  of 
Samuel  Clough  a  Soldier  in  Colo.  Putnams  Regiment  and 
the  Heirs  of  John  Cellars  a  Soldier  in  Colo.  Smiths  Reg^i- 
ment.  June  25,  1792. 

Chapter  36a.* 

ORDER  ON  THE  PETITION  OF  DAVID  SMEAD. 

On  the  petition  of  David  Smead  by  order  and  in  behalf 
of  a  Convention  of  a  number  of  towns  in  the  County  of 
Hampshire  praying  for  a  division  of  the  said  County. 

Ordered,  that  the  petitioner  notify  the  inhabitants  of 
the  several  towns  in  the  said  County  to  shew  cause  if  any 
they  have  why  the  prayer  of  the  said  petition  should  not 
be  granted,  by  causing  the  substance  of  his  petition  and 
this  order  thereon  to  be  inserted  in  the  several  newspapers 
printed  and  published  in  the  said  County  Hampshire  three 
weeks  successively,  the  last  publication  to  be  thirty  days 
at  least  before  the  said  second  Wednesday. 

June  25, 1792, 

Chapter  37. 

RESOLVE  ON  THE  PETITION  OF  SAMUEL  DANA  AND  GEORGE 
RICHARDS  MINOT,  ESQ'RS.  ALLOWING  THE  PROPRIETORS  OF 
THE  TOWNSHIP  OF  TOWNSEND,  FIVE  YEARS  TO  PERFORM 
THE  CONDITIONS  PRESCRIBED. 

On  the  Petition  of  Samuel  Dana  and  George  Richards 
Minot  Esquires  a  Committee  in  behalf  of  certain  Proprie- 
tors of  the  Township  of  Tovvnsend  to  whom  the  Township 
No.  3  between  the  Rivers  Schoodick  &  Cobscoock  was 
granted  by  a  Resolve  of  the  General  Court  of  March  17, 
1785  &  by  another  Resolve  of  March  11th  1786. 

Resolved  for  reasons  stated  in  the  said  Petition  that  a 
further  time  of  five  years  be  allowed  from  and  after  the 
17th  day  of  July  next  to  perform  the  conditions  prescribed 

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


162  Resolves,  1792.  —  May  Session. 

in  the  first  mentioned  Resolve,  so  far  as  respects  the  set- 
tling of  the  number  of  Families  in  the  said  Township 
No.  3,  thereby  prescribed.  June  25,  1792. 

Chapter  38. 

RESOLVE  DIRECTING  MR.  JOHN  DEMING  TO  CERTIFY  BALANCES 
DUE  TO  SEVERAL  SOLDIERS  IN  COL.  CRAFT'S  REGIMENT. 

On  the  Petition  of  Joseph  Robhins,  James  Pratt,  Daniel 
Warner,  and  Tabitha  James  the  Widow  of  jNIathew  James 
Non  Commisd.  Officers  in  a  Regiment  of  Artillery  Com- 
manded by  Col.  Thomas  Crafts  Esqr.  Praying  for  the 
Depretiation  of  thier  wages. 

Resolved  that  the  Committee  for  Methodizeing  Accounts 
be  Impowered  and  directed  to  make  up  and  Certify  the 
Ballances  Due  to  Each  of  the  Persons  above-mentioned 
for  the  Depr[e]tiation  of  their  wages  to  the  Time  they  wer 
Discharged  in  the  Same  manner  as  Other  Soldiers  in  Said 
Regiment  were  made  up  any  Law  or  Resolve  to  the  Con- 
trary notwithstanding.  June  25,  1792. 

Chapter  38a.* 

ORDER  ON  THE  PETITION  OF  EZRA  CONANT  AND  OTHERS. 

On  the  petition  of  Ezra  Conant  and  others  members  of 
the  Corporation  in  the  town  of  Warwick. 

Ordered,  that  the  petitioners  notify  the  town  of  War- 
wick by  serving  the  town  Clerk  thereof  and  notify  the 
Trustees  of  the  said  Corporation  and  the  Revd.  Samuel 
Reed  of  said  Warwick  by  serving  them  with  an  attested 
copy  [o/"]  the  said  petition,  and  this  order  thereon  three 
weeks  at  least  before  the  second  Wednesday  of  the  next  sit- 
ting of  the  General  Court,  that  they  may  appear  on  the 
said  day  and  shew  cause  if  any  they  have  why  the  prayer 
of  the  said  petition  should  not  be  granted.  June  25,  1792. 

Chapter  39. 

RESOLVE    APPOINTING   A   COMMITTEE    TO    CONTRACT  FOR  THE 
PRINTING  BUSINESS  FOR  THE  YEAR  ENSUING. 

Resolved  that  John  Avery  Junr.  Samuel  Cooper,  and 
Henry  Warren  Esqrs.  be  and  hereby  are  appointed  with 

*  Not  printed  in  previous  editions.    Talien  from  court  record. 


Resolves,  1792.  —  May  Session^.  163 

full  power  and  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  26,  1792. 

Chapter  40. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  THE  TOWN" 
OF  YORK,  DIRECTING  THE  COMMITTEE   ON  ACCOUNTS  TO  EX-       « 
AMINE  THE  ACCOUNTS  FOR  THE  MAINTAINANCE  OF  HANNAH 
DOWN. 

On  the  petition  of  the  Selectmen  of  the  Town  of  York 
praying  to  be  reimbursed  the  sum  that  was  expended  for 
Supplies  for  Hannah  Down  one  of  the  Commonwealths 
poor  that  was  foreclosed  by  the  Act  of  Limitation. 

Resolved  that  the  Committee  on  Accounts  be  and  they 
are  hereby  directed  to  Examine  the  Accounts  of  the  Town 
of  York  for  the  maintainance  of  Hannah  Down,  and  make 
them  such  allowance  as  they  shall  judge  to  be  reasonable 
any  law  or  Eesolve  of  this  Commonwealth  to  the  Con- 
taraey  notwithstanding.  June  26,  1792. 

Chapter  41. 

RESOLVE    ON    THE    PETITION    OF    JOHN    LUCAS    AND    EDWARD 
TUCKERMAN. 

On  the  Petition  of  John  Lucas  and  Edward  Tuckerman 
shewing  that  they  purchased  of  the  Committee  for  the 
Sale  of  Confiscated  Estates  certain  lands  in  the  Town  of 
Boston  &  that  an  Action  of  Covenant  broken  was  brought 
against  the  grantee  of  the  said  Lucas  &  Tuckerman 
unde[r]  colour  that  said  Committee  had  before  sold  part 
of  the  same  lands  to  other  persons,  and  praying  they  may 
be  allowed  what  the  Plaintiff  in  said  Action  recovered 
with  their  Costs. 

Resolved  that  the  prayer  of  gaicl  Petition  be  so  far 
granted  that  there  be  paid  out  of  the  Treasury  of  this 
Commonwealth  to  the  said  John  Lucas  &  Edward  Tuck- 
erman the  sum  of  thirty  two  pounds  Eighteen  shillings  & 
ten  pence  in  full  of  all  demands  on  Account  of  the  War- 
rantees contained  in  the  deed  conveying  to  them  said 
lands,  or  on  account  of  the  Action  aforesaid. 

June  26,  1792. 


164  Resolves,  1792.  —  May  Session. 


Chapter  43. 

RESOLVE  ON  THE  PETITION  OF  FRANCIS  HAERE. 

On  the  Petition  of  Francis  Haere  praying  that  he  may 
be  discharged  from  a  Judgment  recovered  against  him  in 
the  Court  of  Common  Pleas  for  the  County  of  Berkshire 
on  his  Bond  ffiven  for  one  Jonah  Barnes  Innholder  of 
Egremont  for  the  performance  of  his  duty  in  paying  the 
Excise  to  Moses  Ashley  Esqr.  the  then  Collector  of  Excise 
for  said  County  and  that  the  said  Jonah  Barnes  may  have 
the  same  privilages  in  paying  the  Excise  now  due  as 
though  he  had  done  the  same  during  the  life  of  the  former 
Excise  Master  or  settled  his  Accounts  in  due  season. 

Resolved  for  reasons  set  forth  in  said  Petition  that  the 
said  Francis  Heare,  be,  and  he  hereby  is  discharged  from 
the  Judgment  recovered  on  his  Bond  aforesaid,  on  the 
said  Jonah  Barnes,  paying  the  ballance  of  Excise  now 
due  from  him  to  the  Collector  of  Excise  for  said  County, 
with  the  Costs  thath  as  arisen  on  said  Suit.  And  that 
Barnabas  Bidwell  Esqr.  Collector  of  Excise  for  said 
County,  be  and  he  is  hereby  Authorised  and  directed  to 
receive  the  Excise  due  from  the  sd.  Jonah  Barnes,  and  to 
settle  with  him,  in  the  same  way  and  Manner  as  though 
the  said  Jonah  had  Complied  with  the  Requisits  of  Law  in 
settling  his  Accounts  in  due  Season,  and  the  Oath  of  the 
said  Jonah,  may  be  required,  and  shall  be  received  in 
Evidence  of  the  Excise  due  from  him  to  the  sd.  Collector 
any  Law  or  Resolve  to  the  contarary  notwithstanding. 

June  26,  1792. 

Chapter  43. 

RESOLVE  ON  THE  PETITION  OF  EDWARD  EDWARDS,  EMPOWER- 
ING HIM  TO  SELL  CERTAIN  REAL  ESTATE. 

On  the  Petition  of  Edward  Edwards  Administrator 
of  the  Estate  of  Richard  Tidmarsh  deed,  praying  for 
Liberty  to  sell  the  whole  real  Estate  of  the  said  Tid- 
marsh in  Stockbridge  in  the  County  of  Berkshire. 

Resolved  for  reasons  set  forth  in  the  said  Petition  that 
the  said  Edward  be  &  he  hereby  is  authorized  and  empow- 
ered to  sell  &  convey  all  the  Estate  aforesaid  of  the  said 
late  Richard  Tidmarsh  in  the  same  manner  and  under  the 
same  rules  restrictions  and  Conditions  as  Administrators 


Resolves,  1792.  —  May  Session.  165 

are  by  Law  subject  to  in  making  sale  of  the  real  Estates 
of  their  Intestates.  June  26,  1792. 

Chapter  44. 

RESOLVE  ON  THE  PETITION  OF  SAMUEL  BROAVN,  ADMESTISTRA- 
TOR,  DE  BONIS  NOX,  OF  THE  ESTATE  OF  SAMUEL  BROWN, 
OF  "WORCESTER,  DECEASED. 

The  petition  of  Samuel  Brown  administrator  de  bonis 
non  of  the  estate  of  Samuel  Brown  late  of  Worcester 
deceased  praying  for  a  review  of  a  report  of  referees 
made  at  a  Court  of  Common  Pleas  begun  &  held  at 
Worcester  in  &  for  the  County  of  Worcester  on  the  last 
tuesday  of  March  last. 

Resolved  that  the  Prayer  of  said  petition  be  so  far 
granted  that  the  Petitioner  have  leave  to  enter  his  said 
Action  &  report  at  the  Supreme  Judicial  Court  next  to 
be  holden  at  AVorcester  in  &  for  the  County  of  Worcester 
on  the  third  tuesday  of  September  next.  And  the  Said 
Supreme  Judicial  Court  are  hereby  Authorized  &  empow- 
ered to  sustain  said  Action  and  to  hear  &  determine  upon 
said  report  of  referees  in  the  same  manner  as  though  the 
same  report  had  been  originally  mjide  to  said  Supreme 
Judicial  Court  —  any  law  to  the  contrary  notwithstand- 
ing— 

Provided  that  the  Petitioner  notify  the  adverse  Party 
by  leaving  an  attested  copy  of  this  resolve  at  his  last  & 
usual  Place  of  aljode  thirty  days  at  least  before  the  said 
third  tuesday  of  September  next.  June  26,  1792. 

Chapter  44a.* 

ORDER  ON  THE  PETITION  OF  SAMUEL  DENNET  AND  OTHERS. 

On  the  petition  of  Samuel  Dennet  and  others  inhabi- 
tants of  the  town  of  Sanford  in  the  County  of  York 
praying  that  they  with  a  tract  of  land  whereon  they  dwell 
may  be  set  off  from  said  town  and  annexed  to  the  town 
of  Shapleigh. 

Ordered  that  the  said  Samuel  serve  the  Clerk  of  the 
said  town  of  Sanford  with  an  attested  copy  of  said  peti- 
tion and  this  order  thereon  thirty  days  before  the  second 
Wednesday  of  the  next  sitting  of  the  General  Court,  that 

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


166  Resolves,  1792.  —  May  Session. 

the  said  town  of  Sanford  may  on  that  day  shew  cause  if 
any  can  be  shewn  why  the  prayer  of  said  petition  should 
not  be  granted.  June  26,  1792. 


Chapter  45. 

RESOLVE  ON  THE  PETITION  OF  ISRAEL  JONES,  ADMINISTRATOR 
ON  THE  ESTATE  OF  ELISHA  JONES. 

On  the  Petition  of  Israel  Jones  Administrator  on  the 
estate  of  Elisha  Jones  deceased  settins;  forth  that  there 
remains  due  to  this  Commonwealth  the  sum  of  six  hun- 
dred and  fifteen  pounds,  nineteen  shillings  &  four  pence 
being  the  balance  of  a  Bond  given  to  the  Treasurer  of 
the  late  Province  of  Massachusetts  Bay  by  Elisha  Jones 
Nathan  Jones  &  John  Murrey  for  thirty  one  hundred  & 
Eighty  pounds  Dated  June  11th  1762  for  the  Township 
of  East  Hoosuck. 

Resolved  that  whereas  it  appears  there  was  a  deficiency 
in  the  quantity  of  Land,  for  which  said  obligation  was 
given  and  that  a  grist  mill  which  the  Government  had 
provided  should  be  erected  in  said  Township  was  demol- 
ished and  for  other  reasons  set  forth  in  said  Petition  the 
balance  aforesaid  be  remitted  and  the  Treasurer  of  this 
Commonwealth  is  hereby  authorised  and  directed  to  de- 
liver the  said  bond  to  the  said  Administrator. 

June  27,  1792. 


Chapter  46. 

RESOLVE  ON  THE  PETITION  OF  ELIZABETH  HUGHES,  DIRECTING 
THE  TREASURER  TO  PAY  THE  ARREARAGES  OF  INTEREST 
DUE  TO  HER. 

On  the  petition  of  Elizabeth  Hughes. 

Resolved  that  the  prayer  of  said  Petition  lie  so  far 
granted,  as  that  the  Treasurer  of  the  Commonwealth  be 
and  he  hereby  is  authorized  and  directed  to  pay  to  the 
said  Elizabeth  the  arrearages  of  Interest  due  to  her  from 
the  Commonwealth  on  the  principal  Sum  of  One  thousand 
three  hundred  and  thirty  four  pounds  and  Eighteen  shil- 
lings, Money  loaned  to  said  Commonwealth  prior  to  the 
Year  1775,  out  of  any  Monies  in  the  Treasury  unappro- 
priated. June  27,  1792. 


Resolves,  1792.  —  May  Session.  167 


Chapter  47. 

RESOLVE  ON  THE  PETITION  OF  JAMES  THOMAS  AND  MARY 
THOMAS  HIS  WIFE,  TWO  OF  THE  GRAFTON  INDIANS,  AUTHOR- 
IZING THE  TRUSTEES  OF  SAID  INDIANS  TO  MAKE  SALE  OF  A 
TRACT  OF  LAND  MENTIONED. 

On  the  Petition  of  James  Thomas  and  Mary  Thomas 
his  Wife,  two  of  the  Grafton  Indians,  for  reasons  sett 
forth  in  said  Petition. 

Resolved  that  the  Trustees  of  the  Grafton  Indians 
(having  first  given  Bonds  to  the  Judge  of  Probate  for  the 
County  of  Worcester  for  the  faithfull  discharge  of  the 
trust  to  them  herein  reposed)  be  and  they  hereby  are 
Authorised  and  impowered  to  make  sale  of  the  Tract  of 
Land  belonging  to  said  James  &  Mary  mentioned  in  said 
Petition  either  at  Public  or  private  sale  for  the  most  the 
same  will  fetch  and  to  make  and  execute  good  &  sufficient 
Deed  or  Deeds  thereof  to  the  purchaser  or  purchasers  ;  & 
the  said  Trustees  shall  (as  soon  as  may  be)  lay  out  the 
proceeds  of  said  Land,  in  other  Real  Estate  for  the  use 
and  benefit  of  the  said  James  &  Mary  in  some  part  of 
this  Commonwealth  as  they  shall  judge  best  and  most  for 
the  Interest  of  the  said  Petitioners.  June  27,  1792. 

Chapter  48. 

RESOLVE  ON  THE  PETITION  OF  EBENEZER  CUTTER,  GRANTING 
HIM  £.15,  AND  £.12  PER  ANNUM,  AS  A  COMPENSATION  FOR 
THE  LOSS  OF  HIS  ARM  WHEN  ON  DUTY  IN  THE  MILITIA  OF 
THIS  STATE. 

On  the  petition  of  Ebenezer  Cutter  praying  compensa- 
tion for  the  loss  of  his  arm  when  on  duty  in  the  Militia 
of  this  Commonwealth.  Whereas  Ebenezer  Cutter  be- 
longing to  the  company  of  Artillery  (in  the  2nd  Divission 
of  Militia)  commanded  by  Michael  Hodge  Esqr.  while 
serving  a  field  piece  on  the  10th  Day  of  August  1785, 
had  the  misfortune  to  have  his  left  arm  blown  ofi'  by  the 
explosion  of  a  field  piece,  l)y  reason  of  wdiicli  his  arm 
was  amputated  above  the  elbow,  and  the  said  Ebenezer  is 
disabled  from  working  at  his  trade. 

Resolved  That  there  be  allowed  &  paid  out  of  the 
Treasury  of  this  Commonwealth  to  Ebenezer  Cutter  the 
sum  of  Fifteen  pounds  for  his  necessary  expences  of 
Doctors,  Nurses  &c.  durino-  his  confinement. 


168  Resolves,  1792.  —  May  Session. 

And  it  is  further  remlved  That  there  be  allowed  &  paid 
out  of  the  Treasury  of  this  Commonwealth  the  sum  of 
twelve  pounds  annually  to  the  said  Ebenezer  during  his  life, 
to  commence  from  &  after  the  first  Day  of  June  1792. 
And  that  his  Excellency  the  Governor  by  &  with  the 
advice  &  consent  of  Council  be  authorized  to  issue  his 
warrant  for  the  said  sum  of  twelve  pounds  annually. 

June  27,  1792. 

»         

Chapter  49. 

RESOLVE  FOR  THE  PAYMENT  OF  COMMITTEE  ON  ACCOUNTS. 

Resolved  that  there  be  alowed  and  paid  out  [out]  of 
the  publick  Treasury  of  this  commonwealth  in  the  same 
manner  the  Members  of  the  Genl.  Court  are  paid  for  their 
Travel  &  attendanc  the  present  session,  to  the  commit- 
tee appointed  to  examine  and  pass  on  accounts  for  their 
Service  on  the  said  committee  the  folowino;  Sums  in 
addition  to  their  pay  as  members  of  the  Legislature  {viz,) 
To  the  Honbl.  Joseph  Hosmer  Esqr.  the  sum  of  Two 
pounds  four  shillings — To  the  Honbl.  Stephen  Metcalf 
Esqr.,  the  sura  of  Two  pounds  four  shillings  —  To  Benja- 
min Read  Esqr.  the  sum  of  Two  pounds  two  shillings. 
To  Josiah  Sternes  Esqr.  the  sum  of  One  pound  eighteen 
shillings  &  to  Enoch  Titcomb  Jr.  Esqr.  the  sum  of  Two 
pounds  four  shillings  —  which  sums  shall  be  in  full  for 
their  services  aforesaid  amounting  in  the  whole  to  the 
sum  of  Ten  pounds  twelve  shillings.  June  27,  1792. 

Chapter  50. 

RESOLVE  ON  THE  MEMORIAL  OF  THE  COMMITTEE  FOR  THE 
SALE  OF  UNAPPROPRIATED  LANDS  IN  THE  COUNTY  OF  BERK- 
SHIRE, AUTHORIZING  THE  ATTORNEY  GENERAL  TO  COM- 
MENCE A  PROCESS,  AND  EMPOWERING  SAID  COMMITTEE  TO 
MAKE  SALE  OF  SAID  LANDS  MENTIONED. 

On  the  Memorial  of  the  Committee  for  the  Sale  of 
Unappropriated  Lands  in  the  County  of  Berkshire,  pray- 
ing ye  order  of  this  Court  respecting  three  hundred  Acres 
of  land  on  Hoosuck  Mountain  in  said  County  originally 
granted  to  one  Joshua  Locke  on  Conditions  which  were 
not  fully  performed  on  the  part  of  said  Joshua. 

Resolved,  that  the  Attorney  General  be  and  hereby  is 
authorized  and  directed,  to  commence  a  process  to  revert 
the  said  Lands  in  the  Commonwealth  pursuant  to  a  Law 


Kesolves,  1792.  —  Mat  Session.  169 

made  &  passed,  June  18,  1791.  And  that  said  Committee 
be  and  hereby  are  authorized  and  empowered  to  make 
sale  of  said  Land  when  revested  in  the  Commonwealth 
pursuant  to  said  Law  in  the  same  manner  and  on  the  same 
terms  as  they  are  now  authorized  <&  empowered  to  make 
Sale  of  unappropriated  Land  in  the  County  of  Berkshire. 

June  27,  1792. 

Chapter  51. 

RESOLVE  FOR  PAYING  CLERKS  OF  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES,  GRANT  OF  £.30  TO  EACH. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Public 
Treasury  to  Samuel  Cooper  Esq.  Clerk  of  the  Senate 
Thirty  Pounds  ;  And  to  Henry  Warren  Esq.  Clerk  of 
the  House  of  Eepresentatives  Thirty  Pounds  on  account 
of  their  services,  as  Clerks  aforesaid  for  the  present  year, 
they  to  be  accountable  for  the  same  respectively. 

June  27,  1792. 

Chapter  53. 

RESOLVE    ESTABLISHING    THE    SALARY    OF    THE    LIEUTENANT 
GOVERNOR,  SECRETARY  AND  TREASURER. 

Resolved  that  for  one  year  from  the  last  Wednesday  of 
May  last  the  sum  of  one  hundred  and  sixty  pounds,  shall 
be  the  pay  of  the  Lieutenant  Governor  and  a  proportion- 
able sum  for  a  less  time,  in  full  for  his  services  as  Lieu- 
tenant Governor,  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 
Treasury  of  this  Commonwealth  to  John  Avery  junior 
Esquire  Secretary  of  this  Commonwealth  the  sum  of  Tw^o 
hundred  sixty  six  pounds  twelve  shillinirs  and  six  pence 
which  with  fifty  eight  pounds  seven  shillings  &  six  ])ence 
he  has  received  in  fees  to  the  31st  of  May  last  shall  be  in 
full  for  his  services  as  Secretary  aforesaid  from  the  first 
day  of  June  1792  to  the  first  day  of  June  1793,  and  is  at 
the  rate  of  three  hundred  and  twenty  five  pounds  per 
annum  to  be  paid  in  quarterly  payments  as  the  same  shall 
become  due. 

Resolved  that  from  the  first  day  of  June  current  there 
be  allowed  &  paid  out  of  the  public  Treasury  the  sum  of 


170  Kesolves,  1792. — May  Session. 

Three  hundred  &  fifty  pounds  for  the  pay  of  the  Treasurer 
for  one  year,  &  a  proportionable  sum  for  a  less  time,  in 
full  for  his  services  as  Treasurer  the  present  year  —  to  be 
paid  in  quarterly  payments,  as  the  same  may  become  due. 

Ju7ie  27,  1792. 

Chapter  53. 

RESOLVE  ON  THE  PETITION  OF  JOHN  ALLAN,  ESQ.,  GRANTING  A 
TOWNSHIP,  NO.  12.  ON  PASSAMAQUODDY  BAY,  AND  CONFIRMING 
THE  SAME  TO  HIM  AND  HIS  HEIRS. 

Whereas  the  General  Court  by  a  resolve  passed  the  27 
March  1788  granted  to  John  Allan  Esquire  a  Tract  of 
Land  Called  Township  Number  twelve  on  Passamaquoddy 
Bay,  except  what  was  granted  in  said  resolve  to  sundry 
persons  mentioned  in  said  resolve,  and  Twelve  hundred 
Acres  to  be  apropriated  to  Public  purposes,  excepting 
also  six  thousand  Acres  which  were  reserved  for  the  pur- 
pose of  raising  three  hundred  Pounds,  to  be  paid  by  said 
Allan  on  or  before  the  first  day  of  March  one  thousand 
Seven  hundred  &  ninety  Five.  And  whereas  by  another 
resolve  passed  in  January  1790,  sixteen  hundred  of  the 
said  six  thousand  Acres  were  granted  to  sundry  persons 
settlers  in  said  Township  without  their  being  subjected  to 
pay  any  part  of  the  said  three  hundred  Pounds  required 
in  the  first  Grant  of  said  Township,  which  has  rendered 
the  said  Allan  unable  to  raise  the  said  sum  from  the  said 
six  thousand  Acres  agreeable  to  the  true  intent  of  said 
resolve  : 

Therefore  resolved  that  said  Township  Number  Twelve  on 
Passamaquoddy  Bay  l)e  and  hereby  is  granted  and  Con- 
firmed unto  the  said  John  Allan  his  heirs  &  assigns  forever, 
excepting  what  has  been  heretofore  granted  &  appropriated 
according  to  the  first  of  the  aforesaid  resolves.  And  the 
Committee  for  the  sale  of  Eastern  Lands  are  hereby 
authorised  &  directed  to  deliver  a  Deed  of  the  same  to 
the  said  John  Allan  agreeable  to  the  intent  of  this  resolve, 
reserving  to  the  Commonwealth  four  thousand  four  hun- 
dred Acres  therein,  equal  in  c|uality  with  the  rest  of  the 
Township  which  is  the  residue  of  the  six  thousand  acres 
mentioned  in  the  resolve  firstmentioned  to  be  reserved  for 
the  purpose  of  raising  the  three  hundred  Pounds  afore- 
said —  and  the  said  Allan  is  hereby  discharged  from  the 
payment  thereof .  June  27,  1792. 


Resolves,  1792.  —  May  Session.  171 


Chapter  54. 

JIESOLVE  ON  THE  PETITION  OF  ELIZABETH  MULLINS,  RELIN- 
QUISHING THE  RIGHT  AND  TITLE  TO  A  SMALL  DWELLING 
HOUSE  AND  BARN,  &c.  WHICH  WERE  SET  OFF  AS  HER  DOWER 
IN  HER  HUSBAND'S  ESTATE. 

On  the  petition  of  Elizabeth  Mullins  of  Leominster 
praying  that  the  Commonwealth  would  relinquish  to  her 
their  Claim  to  that  part  of  the  Estate  of  her  Husband 
Thomas  Mullins  an  absentee  which  was  set  oft'  &  assigned 
to  her  as -her  Dower  in  her  said  Husband's  Estate,  for 
reasons  mention'd  in  said  Petition. 

Reaolved  That  the  prayer  of  said  Petition  be  granted  — 
and  the  Commonwealth  doth  hereby  relinquish  to  the  said 
Elizabeth  Mullins,  her  Heirs  and  Assigns  forever,  all  their 
Right  &  Title  in  &  to  the  said  premises,  consisting  of  a 
small  Dwelling  House  and  Barn  and  about  three  Quarters 
of  an  Acre  of  Land  situate  in  said  Town  of  Leominster, 
which  were  set  off  &  assigned  to  said  Elizabeth  as  her 
Dower  in  her  said  Husband's  Estate.         June  27,  1792. 

Chapter  55. 

RESOLVE  AUTHORIZING  AMASA  DAVIS,  ESQ.  TO  ERECT  A 
PROPER  AND  CONVENIENT  WHARF  IN  THE  COVE  ON  THE 
SOUTH  SIDE  OF  RAINSFORD  ISLAND. 

Whereas  it  is  necessary  that,  there  should  be  a  suitable 
wharft'  for  the  landing  of  sick  Persons,  &  infected  Mer- 
chandize &  for  other  Purposes,  at  Rainsford  Island  in  the 
Harbour  of  Boston,  the  Property  of  this  Commonwealth : 

Resolved  that  Amasa  Davis  Esqr.  be  a  Committee  to 
erect  &  he  is  hereby  authorised  &  directed  to  erect  a 
proper  &  convenient  wharft'  in  the  Cove  on  the  south 
side  of  Rainsford  Island,  the  Property  of  this  Common- 
wealth, &  to  lay  his  Account  of  the  same  before  the 
Governor  &  Council  for  Examination  and  Allowance. 
Provided  that  the  Expence  of  the  same  to  the  Common- 
wealth do  not  Exceed  the  sum  of  two  hundred  Pounds. 

June  27,  1792. 

Chapter  56. 

RESOLVE  ON  THE  PETITION  OF  SAMUEL  THOMPSON,  ADMINIS- 
TRATOR ON  THE  ESTATE  OF  SAMUEL  WYMAN,  LATE  OF 
WOBURN,  DECEASED. 

On  the  Petition  of  Samuel  Thompson  administrator  on 
the  Estate  of  Samuel  Wyman  jr.  late  of  Woburn  deceased 


172  Eesolves,  1792.  —  May  Session. 

Praying  that  a  certain  Claim  in  favor  of  one  Samuel 
Eames  Wyman  which  was  alowed  by  the  Commissioners 
(but  omitted  through  mistake)  may  be  entered  on  their 
return  with  the  other  Debts  against  said  Deceased's 
Estate. 

Resolved  that  the  Commissioners  who  were  appointed 
to  receive  and  examine  said  Claim  are  hereby  Authorised 
to  enter  said  Claim  amounting  to  the  sum  of  Twenty  five 
Pounds  one  shilling  and  four  pence  with  the  other  Claims 
against  said  deceased's  Estate  and  annex  the  same  to  the 
List  of  Debts  which  they  lately  returned  into  the  Poro- 
bate  Ofiice  for  the  County  of  Middlesex  and  that  the 
Judge  of  Probate  for  said  County  consider  the  same  as 
though  it  had  been  entered  when  the  Commissioners  made 
and  signed  their  first  report  any  Law  to  the  contrary  not- 
withstanding. June  28,  1792. 

Chapter  57. 

RESOLVE  ESTABLISHING  THE  PAY  OF  THE  COUNCIL,  SENATE 
AND  HOUSE  OF  REPRESENTATIVES,  AND  EXTRA  PAY  TO  THE. 
PRESIDENT  AND  SPEAKER. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Treas- 
ury of  this  Commonwealth,  to  each  of  the  Members  of  the 
Honorable  Council  seven  shillings  &  six  pence  to  each  of 
the  Members  of  the  Senate  seven  shillings  and  to  each  of 
the  Members  of  the  House  of  Representatives  six  shillings^ 
&  six  pence  per  day,  for  each  day's  attendance,  Sc  a  like 
sum  for  every  ten  miles  travel. 

And  he  it  further  Resolved,  that  there  be  allowed  & 
paid  as  above,  to  the  Hon.  Samuel  Phillips  Esq.  Presi- 
dent of  the  Senate,  &  to  the  Hon.  David  Cobb  Esq. 
Speaker  of  the  House  of  Representatives  six  shillings  for 
every  day's  attendance,  over  &  above  their  paj^  as  mem- 
bers of  the  Legislature,  as  above  stated ;  &  that  the 
Treasurer  of  the  Commonwealth  be  &  he  hereby  is  di- 
rected &  ordered  to  pay  the  respective  members  accord- 
ingly, out  of  the  money  in  the  treasury  not  already 
appropriated  upon  his  recieving  a  warrant  therefor  from 
the  Governor  with  advice  of  Council.        J^ine  28,  1792. 

Chapter  5S, 

RESOLVE  ON  THE  MEMORIAL  OF  SAMUEL  ALLEN  OTIS,  ESQ. 
DIRECTING  THE  TREASURER,  UPON  HIS  PAYING  £77  1  6,  TO 
GIVE  HIM  A  FULL  DISCHARGE. 

Resolved,  that  upon  the  honble.  Samuel  Allen  Otis 
paying  into  the  Treasury  of  this  Commonwealth,  the  sum 


Kesolves,  1792.  —  May  Session.  173 

of  seventy  seven  pounds  one  shilling  &  six  pence,  the 
Treasurer  thereof,  give  him  a  full  discharge  of  the  Debt 
he  stands  charged  for,  to  the  Commonwealth,  under  date 
of  October  1776  amounting  to  that  sum. 

June  28,  1792. 

Chapter  58a.* 

ORDER  ON  THE  PETITION  OF  WILLIAM  ALLEN  AND  OTHERS. 

On  the  petition  of  William  Allen  &  others  praying  to 
"be  set  off  from  the  town  of  Dartmouth,  and  annexed  to 
the  town  of  Westport. 

Ordered  that  the  petitioners  notify  the  town  of  Dart- 
mouth, by  serving  the  Clerk  of  the  said  town  with  an 
attested  copy  of  the  said  petition,  and  this  order  thereon, 
thirty  days,  at  least,  before  the  second  Wednesday  of  the 
next  sitting  of  the  General  Court,  to  appear  and  shew 
cause  if  any  they  have,  on  the  said  day,  why  the  pra^^er 
of  the  said  petition  should  not  be  granted. 

June  28,  1792. 

Chapter  59. 

HESOLVE  ON  A  REPRESENTATION  IN  BEHALF  OF  THE  INHABI- 
TANTS OF  MARBLEHEAD,  CONFIRMING  HENRY  LEACH  AND 
WILLIAM  BODEN,  IN  THE  OFFICE  OF  COLLECTORS  OF  TAXES. 

On  a  representation  in  behalf  of  the  Inhabitants  of  the 
town  of  Marblehead  in  the  County  of  Essex. 

Resolved  that  Henry  Leach  and  William  Boden  chosen 
by  said  Inhabitants  at  a  Town-Meeting  holden  there  on 
the  eleventh  day  of  June  instant  to  be  Collectors  of  Taxes 
in  that  Town,  be,  and  they  are  hereby  confirmed  in  that 
Office,  and  shall  have  the  authorities,  and  1)e  liable  to  the 
Duties,  incident  to  that  Office,  their  being  chosen  at  that 
time,  and  after  the  time  appointed  by  law  for  the  choice 
of  such  Officers  notwithstanding.  June  28,  1792. 

Chapter  60. 

RESOLVE  ON  THE  MEMORIAL  OF  JAMES  FOSTER,  AUTHORIZING 
THE  COMMITTEE  ON  ACCOUNTS  TO  RECEIVE  AND  EXAMINE 
HIS  ACCOUNT,  AND  TO  MAKE  HIM  A  REASONABLE  ALLOWANCE 
FOR   HIS   SERVICES. 

On  the  Memorial  of  James  Foster  praying  for  an  Allow- 
ance of  his  Account  for  his  Services  as  one  of  the  Clerks 

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


174  Resolves,  1792.  —  May  Session. 

of  the  Treasury  of  this  Commonwealth,  for  part  of  the- 
Year  1787. 

Resolved,  That  the  prayer  thereof  be  so  far  granted 
that  the  Committee  on'Accounts  be  and  hereby  are  author- 
ized &  directed  to  receive  &  examine  said  Account  & 
allow  such  part  thereof  as  to  them  may  appear  just  & 
reasonable,  any  act  or  Resolve  of  this  Commonwealth  to 
the  contrary  notwithstanding.  June  28,  1792. 

Chapter  61. 

RESOLVE  RESPECTING  STORES  IN  THE  CARE  OF  THE  LATE  COM- 
MISSARY GENERAL,  RICHARD  DEVENS,  ESQ. 

On  the  motion  of  Richard  Devens  Esqr.  late  Commis- 
sary General  of  said  Common-wealth  that  the  General 
Court  would  order  what  should  be  done  with  the  Publick 
stores,  books  &  Papers  in  his  hands. 

liesolved  That  the  articles  contained  in  the  schedule 
hereunto  annexed,  being  all  the  Public  stores  remaining 
in  the  hands,  of  the  Commissary  be  disposed  of  in  the 
following  manner,  viz.  546  powder  horns,  9  boxes  of 
leaden  ball,  10m  flints — 1296  gun  locks  —  90  wooden 
bottoms  for  cartouch-boxes — 153  wooden  canteens  —  3 
old  haversacks  —  7  horse  chains  —  &  1400  tent  buttons  — 
shall  be  deposited  with  the  quartermaster  general  —  That 
2  Universal  Dictionaries,  1  Geography,  —  2  Guinia  Pilots, 
—  2  British  pilots,  —  1  Bayer's  Dictionary  &  1  Baileys 
Dictionary,  shall  be  deposited  in  the  Senate  Chamber. 
That  2  Iron  blocks  with  brass  Sheafls  —  4  boxes  of  case 
shot,  —  15  spunges  &  rammers,  —  7  cannon  cartridge 
boxes,  — 537  —  3,  4  &  6  pound  ball, — and  1  pr.  of  old 
blacksmith's  Bellows  shall  be  deposited  with  the  Public 
stores  on  Castle  William  in  the  harbour  of  Boston, — And 
one  copper  adze  shall  be  deposited  in  the  public  Powder 
magazine  in  Boston,  — And  that  five  State  Notes  the  Prin- 
cipal &  interest  whereof  amount  to  one  hundred  &  thirty 
Pounds,  put  into  the  hands  of  the  Commissary  by  Gilbert 
Dench,  as  security  for  the  payment  of  ninety  seven  pounds 
which  he  said  Dench  owes  the  Commonwealth,  also  that 
one  warrant  for  three  hundred  pounds  bearing  date  23d 
of  June  1788  to  purchase  Powder,  and  one  Avari'ant  for 
twelve  pounds  bearing  date  23d  of  December  1788  to  de- 
fray the  expence  of  sending  Robert  Griffin  to  Ireland,  be 
deposited  with  the  treasurer  of  the  Commonwealth  —  and 


Resolves,  1792.  —  May  Session.  175^ 

all  the  residue  of  said  articles  in  said  schedule  shall  be 
sold  by  said  Devens  at  public  auction  he  to  account  to 
Government  for  the  monies  arising  from  the  sale  thereof 
—  And  all  the  books  &  pai)ers  in  his  said  Devens's  hands 
relative  to  his  said  office  of  commissary  General  shall  be 
deposited  in  the  hands  of  the  committee  for  auditing  & 
stating;  Public  accounts  for  the  time  being  —  for  the  use 
&  inspection  of  government. 

And  it  is  further  resolved  that  John  Deming  Esqr.  is 
hereby  authorised  to  make  a  final  settlement  of  accounts 
between  the  Common  wealth  &  said  Kichard  Devens. 

Provided  nevertheless  That  so  many  of  said  Small  Arms 
as  are  fit  for  use  in  the  o})inion  of  said  Devens  and  the 
Quarter  master  general  shall  be  deposited  with  the  quarter 
master  General  for  the  time  being  for  the  use  of  Govern- 
ment. June  28,  1792. 

Chapter  62. 

RESOLVE  DIRECTING  THE  ATTORNEY  GENERAL  TO  BRING  THE 
AGENTS  UPON  CONFISCATED  ESTATES  TO  A  SPEEDY  SETTLE- 
MENT. 

Whereas  sundry  persons  Agents  upon  confiscated  Estates 
have  neglected  to  exhibit  Inventories  thereof  and  others 
have  neo;lected  to  account  with  the  several  Judoes  of  Pro- 
bate,  for  the  amount  of  the  Inventories  by  them  exhibited  : 
Therefore 

Resolved  that  the  Attorney  General  be  and  hereby  is 
directed  to  take  the  most  eft'ectual  Measures  to  bring  the 
persons  in  the  before  recited  Cases  to  a  speedy  Settlement 
wdth  the  several  Judges  of  Probate  and  from  time  to  time 
to  make  report  of  his  proceedings  to  the  General  Court 
of  this  Commonwealth.  June  28,  1792. 

Chapter  63. 

RESOLVE  ON  THE  PETITION  OF  SAMUEL  FLAGG,  ESQ.  IN  BEHALF 
OF  THE  TOWN  OF  WORCESTER,  AUTHORIZING  THE  COMMIT- 
TEE ON  ACCOUNTS  TO  EXAMINE  THE  ACCOUNTS  OF  SAID 
TOWN. 

On  the  Petition  of  Samuel  Flagg  in  behalf  of  the  Town 
of  Worcester,  praying  for  Lil)erty  to  exhibit  their  Accounts 
for  boarding  Nursing  &  Doctoring  Temperanc  Cuminga 
(a  Transient  person  late  deceased)  to  the  Committee  on 
Accounts  for  examination  and  Allowance. 


176  Eesolves,  1792. — May  Session. 

Resolved  that  ye  prayer  of  said  Petition  be  granted  and 
that  the  Committee  on  Accounts,  be,  and  hereby  are 
authorized  to  examine  the  Accounts  of  the  said  Town  of 
Worcester  for  supporting  &c.  of  said  pauper,  and  if  Just 
allow  and  pass  the  same,  any  Law  or  Resolve  to  the  Con- 
trary notwithstanding.  Jane  28,  1792. 

Chapter  64. 

RESOLVE  ON  THE  MEMORIAL  OF  MOSES  GILL,  ESQ  AND  OTHERS, 
TRUSTEES  OF  LEICESTER  ACADEMY,  GRANTING  A  TOWNSHIP 
OF  LAND. 

On  the  Memorial  &  Petition  of  Moses  Gill,  Samuel 
Baker  &  D wight  Foster  Esqrs.  in  Behalf  of  the  Trustees 
of  Leicester  Academy,  in  the  County  of  Worcester  for 
Reasons  set  forth  in  said  Petition. 

Resolved  That  there  be  and  hereby  is  granted  a  Town- 
ship of  Land,  of  six  Miles  square  to  be  laid  out  at  the 
ex})ence  of  the  Grantees  by  the  Committee  for  the  Sale 
of  eastern  Lands  from  any  of  the  unappropriated  Lands 
belonging  to  this  Commonwealth  lying  between  the  Rivers 
Kennebeck  &  Penobscot  —  &  said  Township  shall  be  vested 
in  the  Trustees  of  Leicester  Academy  and  their  Successors 
forever,  for  the  use  &  purpose  of  supporting  the  said 
Academy,  to  be  ])y  them  holden  in  their  corporate  Capacity, 
with  full  power  and  authority  to  settle,  divide  and  man- 
age said  Township  or  to  sell,  conve}^  and  dispose  of  the 
same,  in  such  Way  &  Manner  as  shall  best  promote  the 
Interest  &  Welfare  of  said  Academy. 

Provided  nevertheless  that  there  be  and  hereby  is  reserved 
one  lot  of  three  hundred  and  twenty  acres  for  the  first 
settled  minister  one  Lot  of  three  hundred  and  twenty 
acres  for  the  use  of  the  Ministry  and  one  lot  of  three  hun- 
dred and  twenty  acres  for  the  support  of  Schools  in  said 
Town.  Kn(\  provided  farther  that  the  Grantees  aforesaid 
or  their  Assigns  shall  cause  Twenty  families  to  be  Settled 
within  said  Township  on  or  before  the  first  Day  of  June 
in  the  year  of  our  Lord  one  thousand  seven  hundred  & 
ninety  seven.  Jane  2S,  1792, 

Chapter  G5. 

RESOLVE   ON  THE  PETITION  OF  JONATHAN  STICKNEY. 

On  the  Petition  of  Jonathan  Stickney  praying  to  be 
relieved  from  a  Judgment  recovered  against  him  by  the 


Resolves,  1792.  —  May  Session.  177 

Commonwealth  at  the  Supreme  Judicial  Court  holden  at 
Concord  in  the  County  of  Middlesex  on  the  second  Tues- 
day of  April  A.  D.  1792. 

Resolved  that  the  Prayer  of  the  same  Petition  be  so  far 
granted  that  the  Officer  to  whom  the  Writ  of  Execution 
that  issued  on  said  Judgment  was  committed,  be  &  he 
hereby  is  authorized  &  required  to  stay  Proceedings  on 
the  same  Execution,  &  return  the  same  unsatisfied  for  the 
debt,  provided  the  sd,  Stickney  shall  pay  the  Costs  & 
Charges  thereon,  &  that  the  further  consideration  of  said 
Petition  be  referred  to  the  next  Session  of  the  General 
Court.  June  28,  1792. 

Chapter  65a.* 

ORDER  ON  THE  PETITION  OF   JONATHAN  KIDDER  AND  OTHERS. 

On  the  petition  of  Jonathan  Kidder  and  others  praying 
to  be  set  off  from  the  town  of  Sutton  &  annexed  to  the 
town  of  Oxford. 

Ordered  that  the  petitioners  notify  the  towns  of  Sutton 
and  Oxford  by  serving  the  Clerks  of  each  of  the  said 
towns  with  an  attested  copy  of  the  said  petition  and  this 
order  thereon  thirty  days  at  least  before  the  next  sitting 
of  the  General  Court,  to  shew  cause,  if  any  they  have,  on 
the  said  day  why  the  prayer  of  the  said  petition  should 
not  be  granted.  June  28,  1792. 

Chapter  66. 

RESOLVE   CONTINUING  BOUNTY  ON  HEMP. 

Resolved  that  the  bounties  granted  by  the  resolves  of 
the  eighth  Day  of  November  1786,  and  the  twenty  eighth 
Day  of  March  1788,  for  raising  Hemp  be  and  the  same 
are  hereby  continued  from  the  first  Day  of  July  1793,  to 
the  first  Day  of  July  1794,  under  the  same  restrictions 
and  provisions  as  are  contained  in  the  resolves  aforesaid. 

June  28,  1792. 

Chapter  67. 

RESOLVE  ON  THE  PETITION  OF  THE  OVERSEERS   OF  THE  POOR 
OF  BRIDGEWATER. 

On  the  Petition  of  the  Overseers  of  the  poor  in  the 
Town  of  Bridgwater  praying  to  be  allowed  the  sums  by 

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


178  Resolves,  1792.  —  May  Session. 

them  advanced  for  the  support  of  John  Jess  (formerly  a 
slave  to  Josiah  Edson  Esqr.  a  Conspirator)  &  his  family, 
&  that  the  said  Jess  &  family  may  l)e  considered  as  the 
poor  of  this  Commonwealth,  And  whereas  it  appears  that 
the  Commonwealth  have  been  benifited  to  the  amount  of 
about  four  hundred  pounds  by  the  Confiscation  &  sale  of 
the  said  Edson's  Estate  : 

liesolved  that  the  prayer  of  the  said  petition  be  so  far 
granted,  that  the  Committee  on  Accounts  be  &  hereby  are 
empowered  to  examine  &  allow  so  much  of  the  Account 
now  exhibited  to  the  General  Court  by  the  Overseers  of 
the  poor  in  the  Tow^n  of  Bridgwater  for  supporting  John 
Jess  above  mentioned  as  to  the  said  Committee  shall 
appear  to  be  reasonable. 

And  it  is  further  Resolved  that  the  said  John  Jess  (& 
his  Children  untill  they  arrive  to  the  age  of  seven  years) 
shall  be  considered  as  the  poor  of  this  Commonwealth  & 
provided  for  as  such.  June  28,  1792. 

Chapter  68. 

RESOLVE  GRANTING  TO  JACOB  KUHN,  MESSENGER  TO  THE  GEN- 
ERAL COURT,   £.24  TO   PURCHASE  FUEL,  &c. 

Hesolved,  That  there  be  paid  out  of  the  Treasury  of  this 
Commonwealth,  the  sum  of  Twent}^  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. 

June  28,  1792. 

Chapter  69. 

RESOLVE  ON  THE  PETITION  OF  STEPHEN  NEEDHAM  AND 
OTHERS,  A  COMMITTEE  OF  THE  SOUTH  PARISH  IN  THE 
TOWN  OF  DANVERS,  DECLARING  VALID  A  CERTAIN  ASSESS- 
MENT. 

On  the  Petition  of  Stephen  Needham  and  others  a  Com- 
mittee of  the  South  Parish  in  the  Town  of  Danvers, 
representing,  that  the  Parish  Tax  for  said  Parish  in  the 
year  1790  was  made  by  four  assessors,  a  fifth  Assessor 
chosen  by  said  parish  not  having  been  sworn,  by  which 
doubts  have  arisen  respecting  the  legality  of  said  Tax. 
And  further  representing  an  irregularity  in  the  notifica- 
tion of  the  annual  meeting  of  said  parish,  in  March  last, 
and  praying  the  interposition  of  this  Court. 


Resolves,  1792.  —  May  Session.  179 

Resolved  that  the  assessment  made  by  said  four  assess- 
ors be  and  the  same  is  hereby  declared  to  be  good  and 
valid,  and  that  the  same  proceedings  may  and  shall  be 
had  thereon  in  collecting  the  Tax  aforesaid  as  though  the 
Error  and  informality  aforesaid  had  not  taken  place. 
And  also  that  all  the  Votes,  doings  &  proceedings  of  said 
parish  at  their  annual  meeting  aforesaid  shall  be  good  and 
valid,  in  the  same  manner  and  to  the  same  effect  as  if  the 
said  meeting  had  been  notilied  by  a  warrant  under  the 
hands  of  the  Committee  of  said  Parish,  any  Law  to 
the  Contrary  notwithstanding.  June  28,  1792. 

Chapter  69a.* 

ORDER  ON  THE  PETITION  OF  JEDEDIAH   JEWETT  AND  OTHERS- 

On  the  petition  of  Jedediah  Jewett  &  others  inhabitants 
of  the  town  of  Pittston  praying  to  be  incorporated  into  a 
parish. 

Ordered  that  the  petitioners  notify  the  inhabitants  of 
the  town  of  Pittston  by  serving  the  Clerk  of  the  said  to-wn 
with  an  attested  copy  of  the  said  petition  &  this  order 
thereon,  sixty  days  at  least,  before  the  next  sitting  of  the 
General  Court,  to  shew  cause  if  any  they  have,  on  the 
said  day,  why  the  prayer  of  the  said  petition  should  not 
be  granted.  June  28,  1792. 

Chapter  70. 

RESOLVE  ON  THE  PETITION  OF  ALEXANDER  CAMPBELL,  ESQ. 

On  the  petition  of  Alexander  Campbell,  Esqr.  praying 
allowence  &  payment,  for  Sundry  Services  performed  by 
him  during  the  late  war  in  the  Eastern  parts  of  this  Com- 
monwealth. 

Whereas  it  appears  from  the  Testimony  of  many  of  the 
principal  Inhabitants  of  the  Counties  of  Lincoln,  Hancock, 
&  Washington,  that  Alexander  Campbell,  Esqr.  who  was 
Lieut.  Colonel  of  a  Regt.  of  Militia  in  that  quarter,  during 
the  late  War,  that  through  his  zeal,  activity,  abilities,  and 
attention,  those  parts  were  Secured  in  a  great  measure 
from  the  depredations  of  the  Enemy.  And  it  further 
appears  that  he  has  Impaired  his  Interest  very  much  by 
his    close    attention    on  the  bussiness  of  the  Goverment 

*  Not  printed  in  previous  editions.    Taken  from  the  court  record. 


180  Resolves,  1792.  —  May  Session. 

—  so  that  from  a  State  of  affluence  he  is  much  reduced  — 
and  it  does  not  appear  that  he  has  had  any  Compensation 
for  his  time  from  this  Commonwealth  : 

Resolved  that  there  be  paid  out  of  the  Treasury  of  this 
Commonwealth  to  the  said  Alexander  Campbell,  the  Sum 
of  one  hundred  and  fifty  pounds,  also  that  there  be 
granted  to  the  said  Alexr.  Campbell  Two  thousand  acres 
of  Land,  out  of  the  four  thousand  four  hundred  Acres, 
reserved  to  Government  the  present  Session  out  of  the 
Township  granted  to  John  Allen  Esq.  lying  in  the  County 
of  Washington  numbered  12  on  Passmaquoddy  in  full  for 
his  Services  done  for  this  Commonwealth  during  the  late 
war  and  his  Excellency  the  Govenour  is  requested  to 
orant  his  warrant  on  the  Treasurer  for  the  said  sum  of 
One  hundred  &  fifty  pounds.  June  28,  1792. 

Chapter  70a.* 

ORDER  ON  THE  PETITION  OF  DANIEL  SCHRIBNER. 

On  the  Petition  of  Daniel  Schribner  Praying  That,  [That] 
part  of  his  Farm  lying  in  Waterborough  may  be  Sett  off 
and  annexed  to  Sanford. 

Ordered,  That  the  Petitioner  Notify  the  Town  of  San- 
ford by  leaveing  an  Attested  Copy  of  said  Petition  &  of 
this  Order  there  On  with  the  Town  Clark  of  sd.  Sanford 
thirty  days  at  least  before  the  third  Wednesday  of  the 
Next  Sitting  of  the  General  Court,  Then  To  Appear  and 
Shew  Cause  if  Any  they  have  why  the  prayer  of  Said 
Petition  Should  Not  be  Granted.  June  28,  1792. 

Chapter  71. 

RESOLVE    ON    THE    REPRESENTATION    OF   AMASA   DAVIS,   ESQ. 
Q.  M.  G.,  GRANTING  £.700  FOR  CERTAIN  PURPOSES. 

On  the  Petition  of  Amasa  Davis  Esqr.  Quarter  master 
General,  stateing  that  in  obedience  to  a  resolve  of  the 
General  Court  of  Febry.  last  he  has  collected  metal  for 
the  purpose  of  casting  Brass  Field  pieces,  and  submitting 
to  the  General  Court  whether  a  saving  of  expense  and 
equal  advantage  may  not  accrue  to  the  Government  by 
casting  three  pounders,  instead  of  four  pounders,  as  the 
resolve  before  mentioned  directs. 

*  Not  printed  in  previous  editions. 


Resolves,  1792.  —  May  Sessio:n.  181 

Resolved  that  the  Quarter  master  General  be  and  he 
hereby  is  directed  to  procure  three  pound  Brass  Field 
pieces  to  lie  cast  instead  of  four  pounders  as  directed  by 
the  Resolve  aforesaid. 

And  it  is  further  Resolved  that  there  be  paid  out  of 
the  Treasury  of  this  Commonwealth  from  any  money  not 
already  appropriated  to  Amasa  Davis  Esqr.  Quarter  Mas- 
ter General,  the  sum  of  seven  hundred  pounds  to  enable 
him  to  carry  into  effect  the  resolves  of  the  General  Court 
of  the  11th  of  March  1791  and  27th  of  Febry.  1792,  he 
to  be  accountable  therefor.  Jiuie  29,  1792. 


Chapter  73. 

RESOLVE  ON  THE  PETITION  OF  THE   SELECTMEN  OF  READING. 

On  the  Petition  of  the  Selectmen  of  the  town  Reading 
in  behalf  of  Said  Town,  Praying  for  allowance  of  there 
Account  for  takeing  care  and  Providing  for  Samuel  Ban- 
croft a  States  Pauper. 

Resolved  that  the  Prayer  thereof  be  so  far  Granted  as 
that  it  be  Committed  to  the  Committee  on  Accounts  for 
examination  and  allowance  any  Law  or  Resolve  to  the 
contrary  notwithstanding.  June  30,  1792. 

Chapter  73. 

RESOLVE   ON   THE   PETITION   OF  JAMES  FOSTER  GRANTING  AD- 
DITIONAL PAY. 

On  the  Memorial  of  James  Foster  Jr.  praying  for  a 
further  allowance  for  his  Services  as  one  of  the  Clerks 
of  the  Treasury  of  this  Commonwealth. 

Resolved  for  Reasons  set  forth  in  said  Memorial ;  That 
there  be  allowed  &  paid  out  of  the  Treasury  of  this  Com- 
monwealth to  said  James  Foster  Jr.  One  Shilling  &  three 
pence  pr.  Day  (Lords  Days  excepted)  amounting  to 
seventy  eight  pounds  five  shillings  in  addition  to  the 
Sum  already  allowed  him,  during  the  time  he  has  been 
employed  in  sd.  Office  —  said  additional  Sum  being  in 
full  Compensation  for  his  extra  services  as  Clerk  in  the 
Office  aforsaid.  June  30,  1792. 


182  Resolves,  1792.  —  May  Session. 


Chapter  74. 

RESOLVE  ON  THE  PETITION  OF  AARON  PUTNAM,  EMPOWERING 
THE  COMMITTEE  ON  ACCOUNTS  TO  RECEIVE,  EXAMINE  AND 
PASS  ON  HIS  ACCOUNTS. 

On  the  petition  of  Aaron  Putnam. 

Resolved  that  the  Qom\_mitt]ee  on  accounts  be  author- 
ized &  empowered  to  receive  examine  &  pass  on  the 
account  of  Dr.  Aaron  Putnam  for  his  attendance  on  a 
person  said  to  be  one  of  the  Poor  of  the  Commonwealth 
in  the  same  way  &  manner  as  they  would  have  done  pro- 
vided the  same  account  had  been  exhibited  within  the 
time  limited  by  law.  June  30,  1792. 

Chapter  75. 

RESOLVE  ON  THE  PETITION  OF  WILLIAM  RAMSDELL  AND 
OTHERS,  A  COMMITTEE  FOR  LAYING  OUT  TOWNSHIP  NO.  8, 
IN  THE  COUNTY  OF  WASHINGTON,  TO  THE  SEVERAL  SET- 
TLERS THEREON. 

On  the  petition  of  William  Ramsdell  &  others  a  Comit- 
tee  for  Laying  out  Township  number  Eight  in  the  County 
of  AVashington  to  the  Several  Settlers  thereon,  according 
to  a  resolve  of  the  General  Court  passed  June  18,  1791. 

Resolved  for  reasons  set  forth  in  said  petition,  that  Wil- 
liam Ramsdell,  John  Allan,  Lew^is  Frederick  Delesdernier 
Benjamin  Reynolds,  James  Cochran  and  Joseph  Clark, 
the  Committee  appointed  by  the  resolve  aforesaid,  be  and 
they  hereby  are  authorised  &  impowered  to  Lay  out  the 
Lands  in  said  Township  to  such  persons  as  shall  appear 
&  obligate  themselves  to  settle  thereon,  they  paying 
therefor  at  the  rate  of  Ten  Dollars  for  One  hundred  Acres 
—  Provided  that  not  more  than  two  hundred  Acres  be 
laid  out  to  any  one  Settler,  and  that  preference  be  given 
to  such  of  the  Sons  of  the  present  inhabitants  of  said 
Township  as  are  of  age,  and  wish  to  settle  thereon. 

And  it  is  further  resolved  that  [that]  the  said  Committee 
or  the  major  part  of  them  be  directed  to  deliver  a  certificate 
or  Certificates  of  all  the  lots  which  they  may  lay  out  by 
virtue  of  this  R[e] solve  with  proper  descriptions  of  such 
lots  and  the  Names  of  the  several  persons  for  w^hom  the 
said  lots  may  be  laid  out  to  the  Committee  for  the  Sale 
of  Eastern  Lands  who  upon  receipt  of  such  certificate  or 
Certificates  with  the  obligations  &  payment  as  aforesaid 


Resolves,  1792.  —  May  Sessio:n^.  183 

are  impowered  to  make  proper  deeds  to  the  persons  to 
whom  such  lots  may  be  laid  out  as  aforesaid.  And  pro- 
vided that  the  Conditions  expressed  in  the  resolve  passed 
June  18,  1791  relative  to  said  Township  be  eomplyed 
with  by  the  persons  who  may  apply  for  settlements  and 
that  they  pay  all  necessary  Expences.        June  30,  1792. 

Chapter  76. 

RESOLVE  FOR  SUPPLYING  CASTLE  ISLAND  WITH  LAMPS. 

Whereas  the  safe  keeping  of  the  Convicts  on  Castle 
Island  will  be  essentially  promoted  by  lighting  a  number 
of  lamps  on  said  Island  : 

Resolved  that  the  Quarter  Master  General  be  &  hereby 
is  directed  to  procure  &  cause  to  be  erected  on  Castle 
Island  such  a  number  of  lamps  &  to  provide  for  their 
being  supplied  with  oyl  &  other  necessaries  for  lighting 
them,  &  in  such  places  on  said  Island,  as  shall  be  directed 
by  his  Excellency  the  Governor  —  And  to  lay  his  accounts 
for  the  same  before  the  Com[w^^7^!Jee  on  accounts  as  is 
usual  for  other  Expences  in  the  said  Garrison. 

Jime  30,  1792. 

Chapter  77. 

RESOLVE  ON  THE  PETITION  OF  JESSE  LAWRENCE,  GIVING  PRO- 
TECTION TO  PAUL  RICHARDSON. 

On  the  Petition  of  Jesse  Lawrence  setting  forth  that 
one  Paul  Richardson,  who  now  resides  in  the  State  of 
New  York,  is  a  material  witness  in  sundry  Prosecutions 
Commenced  by  this  Commonwealth  against  sundry  Per- 
sons therein  for  defrauding  them  of  the  late  state  revenue, 
and  now  Pending  in  the  Supreme  Judicial  Court  which 
w'ill  be  holden  in  Boston  in  &  for  the  County  of  Suffolk  on 
the  last  tuesday  of  August  next,  and  that  it  is  expedient 
that  said  Richardson  should  have  seasonal )le  Protection 
in  order  that  he  may  appear  at  said  Supreme  Judicial 
Court  in  season  to  give  evidence  relative  to  said  Prose- 
cutions. 

Be  it  therefore  Resolved  that  the  Respective  sheriffs  & 
Coroners  in  each  County  in  this  Commonwealth  and  their 
&  each  of  their  respective  deputies  and  also  the  respective 
constables  in  the  several  towns  in  this  Common  wealth  are 
hereby  each  &  every  of  them,  the  said  Sherifls,  Coroners, 


184  Kesolves,  1792.  —  May  Session. 


deputies  &  Constables  prohibitted  to  attach  the  body  of 
the  said  Paul  Richardson  or  to  serve  him  with  any  civil 
Process  whatever  from  the  Passing  of  this  resolve  untill 
the  expiration  of  one  fortnet  after  the  said  Supreme 
Judicial  Court  shall  have  adjourned.  June  30,  1792. 

Chapter  78. 

RESOLVE  ON  THE  PETITION  OF  JOHN  HUBBARD,  IN  BEHALF  OF 
DAVID  CLARK,  A  COLLECTOR  OF  TAXES  FOR  THE  TOW'N  OF 
SHEFFIELD,  IN  THE  YEAR  1774,  AUTHORIZING  THE  TREAS- 
URER TO  RECEIVE  A  CERTAIN  SUM  OF  HIM,  IN  OLD  ORDERS, 
SO  CALLED. 

On  the  Petition  of  John  Hubbard  in  behalf  of  David 
Clark  a  Collector  of  Taxes  for  the  Town  of  Sheffield  in 
the  year  1774  praying  that  the  said  David  may  be  dis- 
charged from  a  Tax  committed  to  him  to  collect  for  the 
then  Province  of  Massachusetts. 

Resolved,  for  Reasons  set  forth  in  the  said  Petition, 
that  the  prayer  thereof  be  so  far  granted,  that  the  Treas- 
urer of  this  Commonwealth  be,  and  he  hereby  is  authorized 
and  directed  to  receive  of  the  said  David,  on  the  said  Tax, 
One  hundred  and  seven  old  emission  Dollars,  and  three 
pounds  and  six  shillings  in  old  orders,  so  called,  at  the 
nominal  value  thereof;  and  to  discharge  the  said  David 
from  the  said  Tax  to  the  nominal  amount  of  the  said 
Dollars  and  Orders.  June  30,  1792. 

Chapter  79. 

RESOLVE    FOR    DISTRICTING    THE    COMMOmVEALTH,    FOR    THE 
PURPOSE  OF  CHOOSING  FEDERAL  REPRESENTATIVES. 

Whereas  in  providing  for  an  equal  representation  of 
this  Commonwealth  in  the  Congress  of  the  United  States 
regard  is  to  be  had  as  far  as  may  be  to  the  local  circum- 
stances &  usages  of  the  Citizens  and  to  the  residence  of 
those  who  may  become  Representatives  to  the  end  that  a 
knowledge  &  confidence  in  the  measures  of  the  General 
Government  may  be  diffused  through  this  Commonwealth  : 

Resolved  that  the  fourteen  Representatives  apportioned 
to  this  Commonwealth  &,  to  be  returned  therefrom  to  the 
next  Congress  of  the  United  States  shall  be  chosen  by 
the  Inhabitants  of  this  Comonwealth  qualified  to  vote  for 
Representatives  to  the  General  Court  duly  assembled  in 
their  respective  towns  &  plantations  &,  for  that  purpose 


Resolves,  1792.  —  May  Session.  185 

that  the  said  Commonwealth  be  &  the  same  is  hereby 
divided  into  four  districts  in  the  manner  following  Vizt. 

The  first  district  shall  consist  of  the  Counties  of  Suffolk 
Essex  &  JMiddlesex  &  shall  be  entitled  to  choose  four 
representativ's  of  whom  one  at  least  shall  be  resident  in 
each  of  those  Counties. 

The  second  district  shall  consist  of  the  Counties  of 
Hampshire  Worcester  &  Berkshire  &  shall  be  entitled  to 
choose  four  Representatives  of  whom  one  at  least  shall  be 
resident  in  each  of  those  Counties. 

The  third  district  shall  consist  of  the  Counties  of 
Plymouth,  Bristol,  Barnstable  Dukes  County  &  Nantucket 
&  shall  be  entitled  to  choose  two  representatives  one  of 
whom  shall  be  resident  in  Bristol  Dukes  County  or  Nan- 
tucket—  &  the  other  in  the  other  part  of  said  district. 

The  fourth  district  shall  consist  of  the  Counties  of  York 
Cumberland,  Lincoln  Hancock  &  Washington  &  shall  be 
entitled  to  choose  three  representatives  one  of  whom  shall 
be  resident  in  the  County  of  York  one  in  Cumberland  & 
one  in  the  other  part  of  said  district.  And  the  first  second 
and  third  districts  shall  also  unite  in  the  choice  of  one 
Representative. 

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  town  meetings 
cause  the  inhabitants  of  their  respective  towns  &  districts 
duly  qualified  to  vote  for  representatives  in  the  General 
Court  of  this  Commonwealth  to  assemble  on  the  second 
day  of  Novr.  next  to  give  in  their  votes  for  their  respec- 
tive Representatives  to  the  Selectmen  who  shall  preside 
at  said  Meeting  &  the  Selectmen  or  the  major  part  of  them 
shall  in  open  town  meeting  sort  and  count  the  votes  & 
shall  form  a  list  of  the  names  of  the  persons  voted  for, 
with  the  number  of  votes  for  each  person  set  against  his 
name  expressing  the  County  or  Counties  District  or  Dis- 
tricts for  which  he  may  have  votes,  &  the  town  Clerk  shall 
make  a  record  thereof,  &  the  Selectmen  shall  make  public 
declaration  in  town  meeting  of  the  names  of  the  persons 
voted  for,  &  of  the  number  of  votes  they  respectively 
have,  &  shall  in  open  town  meeting,  seal  up  said  list 
certified  by  the  Selectmen  &  transmit  the  same  within  ten 
days  next  after  such  meeting  to  the  Office  of  the  Secretary 
of  the  Comonwealth  or  to  the  Sherifli*  of  the  County  in 
which  such  town  lies,  who  shall  transmit  the  same  to  the 


186  Resolves,  1792.  —  Mat  Session. 

Secretary  of  this  Commonwealth  on  or  before  the  fifth 
day  of  December  next.  And  the  Secretary  shall  lay  the 
same  before  his  Excellency  the  Govr.  &  Council,  &  in 
case  of  an  election  for  any  district,  of  one  or  more  per- 
sons by  a  majorit}'  of  all  the  votes  returned  from  such 
district,  his  Excellency  the  Govr.  is  hereby  requested 
forthwith  to  transmit  to  the  person  or  persons  so  chosen 
a  certificate  of  such  choice  sign'd  by  the  Govr.  &  counter- 
signed by  the  Secry. 

Provided  nevertheless,  that  such  towns  and  districts  as 
lay  within  any  County  in  which  there  is  no  sheriff,  shall 
return  such  list  to  the  Secretary's  Office  in  the  same  term 
of  time,  as  Sheriffs  are  required  to  do  it.  And  in  case 
of  the  election  of  any  or  all  the  persons  not  being  effected 
by  a  majority  of  all  the  votes  in  any  district — His 
Excelly.  the  Govr.  is  hereby  requested  to  cause  precepts 
to  issue  to  the  Selectmen  of  the  several  town  &  districts, 
in  such  district  directing  &  requiring  such  Selectmen  to 
cause  the  inhabitants  of  their  respective  Towns  &  districts 
as  aforesaid,  to  assemble  as  aforesaid  on  a  day  in  such 
•  precept  to  be  appointed  to  give  in  their  votes  for  such 
representative  or  representatives  in  Congress  as  aforesaid 
as  shall  remain  to  be  chosen,  which  Precept  shall  be  ac- 
companied with  a  list  of  Persons  voted  for  in  such  District, 
shewing  the  number  of  votes  for  each  person  according 
to  the  first  return  &  the  same  proceedings  shall  be  had 
thereon  in  all  respects,  as  is  before  directed  in  this  re- 
solve, &  the  Selectmen  shall  make  return  to  the  Secretary 
of  the  Comonwealth  or  to  the  Sheriff  in  manner  as  afore- 
said within  ten  days,  next  after  such  meetings ;  &  the 
Sheriffs  shall  make  return  thereof  into  the  Secretary's 
Office  on  or  before  such  day  as  his  Excelly.  the  Govr. 
shall  appoint  in  such  precept  &  the  Secry.  shall  lay  the 
same  before  his  Excelly.  the  Govr.  &  Council,  &  his 
Excelly.  the  Govr.  is  hereby  requested  to  cause  the  per- 
son or  persons  who  shall  l3e  chosen  as  aforesaid  to  be 
served  with  a  Certificate  thereof  as  aforesd.  And  the  same 
proceedings  shall  l)e  again  had  in  case  any  district  should 
fail  of  completing  the  choice  of  their  Representative  & 
his  Excelly.  the  Govr.  is  requested  to  issue  his  precept 
accordingly  to  the  Selectmen  of  those  towns  &  districts 
of  such  districts  where  the  choice  of  Representatives  shall 
not  have  been  completed  and  like  proceedings  shall  be 
had  as  often  as  occasion  may  require. 


Resolves,  1792.  —  May  Session.  187 


And  it  is  further  Resolved  that  if  in  the  process  of  such 
Election  after  a  second  trial  therefor  any  representative 
or  representatives  shall  remain  to  be  chosen  in  any  dis- 
trict, the  Govr.  with  the  Advice  &  consent  of  Council 
shall  declare  &  publish  to  such  district  the  persons  who 
shall  have  had  the  greatest  number  of  votes  in  the  last 
preceeding  returns  —  being  double  the  number  of  the  per- 
sons to  be  elected  in  such  district  if  so  many  there  be, 
and  those  persons  only  shall  be  Candidates  in  the  next 
Election. 

And  each  voter  in  the  first  &  second  Districts  shall  give 
in  his  vote  for  an  Inhabitant  in  each  County  in  his  District 
&  also  for  an  Inhabitant  of  any  part  of  such  District,  & 
also  another  vote  for  an  Inhabitant  of  any  part  of  the  first 
second  or  third  District.  And  each  Voter  in  the  third 
District  shall  give  in  his  vote  for  an  Inhabitant  of  the 
County  of  Bristol,  Dukes'  County  or  Nantucket,  &  also 
another  vote  for  an  Inhabitant  in  the  County  of  Plymouth 
or  Barnstable,  &  also  another  vote  for  an  Inhabitant  of 
any  part  of  the  first  second  or  third  District. 

And  each  voter  in  the  fourth  District  shall  give  in  his 
vote  for  an  Inhaliitant  of  the  County  of  York,  &.  also  a 
vote  for  an  Inhabitant  of  the  County  of  Cumberland,  & 
also  another  vote  for  an  Inhabitant  in  the  County  of 
Lincoln  Hancock  or  Washington.  And  if  it  shall  so 
happen  that  any  person  shall  have  a  majority  of  all  the 
votes  in  the  first  second  &  third  Districts,  &  also  a  ma- 
jority of  votes  for  any  District  or  part  of  District,  such 
person  shall  be  taken  to  be  the  Eepresentative  for  the 
three  Districts,  &  the  District  in  which  he  shall  be  an 
Inhabitant  shall  be  called  on  to  make  another  choice  for 
such  District.  And  in  case  it  should  so  happen  that  no 
person  shall  have  a  majority  of  all  the  votes  of  the  first 
second  &  third  Districts  His  Excellency  the  Govr.  is 
hereby  requested  to  publish  to  such  Districts  the  name  of 
the  person  in  each  District,  who  shall  have  had  the  high- 
est number  of  Votes  in  such  District,  as  Representative 
for  said  three  districts  in  the  preceeding  Election,  &  shall 
not  have  been  chosen  Representative  for  such  Districts  & 
those  three  persons  only  shall  be  Candidates  for  a  Repre- 
sentative of  the  said  three  Districts  at  the  next  Election. 
And  the  same  proceedings,  as  near  as  may  be,  shall  be 
had  for  the  purpose  of  choosing  a  Representative  for  the 
said   three    Districts    collectively,    as   are    herein    before 


188  Resolves,  1792.  —  May  Sessioi^. 

provided  for  choosing  Representatives  for  any  particular 
District,  where  such  choice  shall  not  have  been  completed 
in  a  former  election. 

And  be  it  further  resolved  that  if  the  Select  men  of  any 
town  or  district  shall  neglect  to  transmit  to  the  Sheriif  of 
the  County  to  which  they  belong  the  list  of  Votes  as  by 
this  Resolve  they  are  directed,  in  every  such  case  it  shall 
be  the  duty  of  such  Sherifl'  either  by  himself  or  his  Deputy 
to  repair  to  such  Selectmen  &,  receive  of  them  such  list,  & 
such  Selectmen  shall  jointly  &  severally  be  holden  to  pay 
to  such  Sheriff  the  same  fees  as  are  by  law  allowed  for 
travel  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  be  the  duty  of  the 
Sheriffs  in  the  respective  Counties  on  their  receiving  this 
Resolve  or  any  precept  from  his  Excellency  the  Govern- 
our  for  the  purposes  mentioned  in  this  Resolve  to  trans- 
mit the  same  seasonably  to  the  Selectmen  of  the  several 
Towns  &  Districts  within  their  respective  Counties  to 
whom  they  are  respectively  directed ;  &  the  Sheriffs 
shall  be  entitled  to  receive  out  of  the  Treasury  of  this 
Commonwealth  the  same  fees  for  transmitting  this  Resolve 
&  the  precepts  aforesd.  as  they  are  allowed  by  law  for 
dispersing  proclamations  ;  &  the  same  fees  for  returning 
the  votes  as  aforesd.  as  are  allowed  by  Law  for  returning 
the  votes  for  Governour  Lieut.  Governour  &  Senators  of 
this  Commonwealth. 

And  be  it  further  Resolved,  that  each  Sheriff  who  shall 
neglect  to  perform  the  duties,  which  by  this  Resolve  he 
is  directed  to  perform,  shall  for  each  neglect  forfeit  &  pay 
to  the  Commonwealth  a  sum  not  exceeding  one  thousand 
pounds  to  be  recovered  by  Bill  Plaint  or  Information  in 
the  Supreme  Jud.  Court  in  the  County  to  which  such 
Sheriff  belongs.  And  it  shall  be  the  duty  of  the  Attorney 
General  to  prosecute  for  all  breaches  of  this  Resolve. 
And  if  any  Selectmen  shall  neglect  to  perform  the  duties 
which  by  this  Resolve  they  are  required  to  do,  the  Select- 
men so  neglecting  shall  severally  forfeit  to  the  Common- 
wealth a  sum  not  exceeding  thirty  Pounds  nor  less  than 
twenty  shillings  to  be  recovered  as  aforesd. 

And  the  Secretary  is  hereby  directed  to  transmit  season- 
ably to  the  Sheriffs  of  the  several  Counties  in  this  Com- 
monwealth copies  of  this  Resolve  for  the  Selectmen  of  the 
several  Towns  &  Districts  in  such  Counties  respectively, 


Resolves,  1792.  —  May  Session.  189 

to  be  by  said  Sheriffs  transmitted  to  the  said  Selectmen 
accordingly.  June  30^  1792. 

Chapter  80. 

RESOLVE  FOE,  DISTRICTING  THE  COMMONWEALTH,  FOR  THE 
PURPOSE  OF  CHOOSING  ELECTORS  OF  PRESIDENT  AND  VICE 
PRESIDENT. 

Resolved  that  for  the  purpose  of  chasing  Electors  of 
the  President  &  Vice  President  of  the  United  States  the 
Counties  of  Suffolk,  Essex  and  Middlesex  shall  be  one 
district  to  chuse  five,  the  Counties  of  Hampshire,  Berk- 
shire and  Worcester  shall  be  one  district  to  chuse  five, 
the  Counties  of  Plymouth,  Bristol,  Barnstable,  Dukes 
County  and  Nantucket  shall  be  one  district  to  chuse  three 
and  the  Counties  of  York,  Cumberland,  Lincoln,  Hancock 
and  AVashington  shall  be  one  district  to  chuse  three 
Electors. 

And  be  it  further  i^esolved  that  the  Selectmen  of  the 
respective  Towns  &  districts  in  the  several  districts  before 
described,  shall  in  manner  as  the  Law  directs  for  calling 
town  meetings  cause  the  Inhabitants  thereof  duly  quali- 
fied to  vote  for  representatives  to  the  General  Court  of 
this  Commonwealth  to  assemble  on  Friday  the  second  day 
of  November  next  to  give  in  their  Votes  To  the  Select 
men  who  shall  preside  at  sd.  meeting  for  the  number  of 
persons,  as  Electors,  assigned  to  such  districts  respec- 
tively, not  being  Senators  or  Representatives  in  the  Con- 
gress of  the  United  States,  or  persons  holding  any  office 
of  Trust  or  profit  under  sd.  United  States.  And  the 
Selectmen  or  the  major  part  of  them  shall  in  open  Town 
meeting  sort  &  Count  the  votes  and  form  a  list  of  ye 
persons  voted  for  with  the  number  of  votes  for  each  per- 
son against  his  name  &  shall  make  a  public  Declaration 
thereof  in  sd.  meeting  &,  shall  in  the  presence  of  sd.  Inhab- 
itants seal  up  Copies  of  ye  sd.  List  &  transmit  the  same 
to  the  Office  of  ye  Secretary  of  the  Commonw^ealth  on  or 
before  the  second  Tuesday  of  November  next.  And  on 
the  second  Wednesday  of  said  November  the  General 
Court  then  in  Session  shall  examine  said  returns  and 
determine  and  declare  who  are  elected  from  each  district 
by  a  majority  of  votes  in  sd.  district  respectively.  And 
in  case  there  shall  not  ap})ear  to  be  the  full  number  of 
sixteen  Electors  returned  Elected  by  a  majority  of  votes, 


190  Resolves,  1792.  —  May  Session. 

the  deficiencies  shall  be  supplied  from  ye  several  districts 
respectively  by  Joint  ballot  of  the  Senate  &  House  of 
representatives  in  the  same  manner  as  deficiencies  and 
vacancies  in  the  Senate  are  by  the  Constitution  of  this 
Commonwealth  directed  to  be  supplied. 

And  be  it  further  resolved  that  his  Excellency  the  Gov- 
ernor be  and  he  is  hereby  requested  forthwith  to  transmit 
to  each  person  so  chosen  Elector  a  certificate  of  said 
Choice,  and  that  said  Electors  be  and  hereby  are  directed 
to  meet  on  the  first  Wednesday  of  December  next  at  the 
State  house  in  Boston  at  ten  oClock  in  ye  forenoon  for 
the  purpose  of  voting  by  ballot  for  two  persons  for  presi- 
dent &  vice  president  of  ye  United  States  agreeably  to 
the  Constitution  &  Laws  of  ye  United  States.  And  that 
for  their  Travel  &  attendance  they  shall  receive  ye  same 
compensation  as  members  of  the  Senate  are  entitled  to. 

And  be  it  further  I'esolved,  that  if  the  Selectmen  of  any 
Town  or  district  in  the  Commonwealth  shall  neglect  to 
transmit  the  List  of  votes  of  said  Town  or  district  in 
manner  aforesd.  to  the  Secretary  of  the  Commonwealth 
on  or  before  the  said  second  Tuesday  of  November,  each 
of  said  Selectmen  so  neglecting  shall  forfeit  &  pay  the 
Sum  of  Ten  pounds  to  the  use  of  the  Commonwealth, — 
provided,  that  if  the  Selectmen  of  any  Town  or  district, 
shall  transmit  to  the  Sherili*  of  the  County  in  which  such 
Town  or  District  shall  lie,  the  votes  of  such  Town  or  dis- 
trict on  or  before  the  fifth  day  of  said  November,  the  said 
Selectmen  shall  be  excused  from  the  penalty  aforesd.  and 
it  shall  be  the  Duty  of  the  Sheriffs  of  the  several  Counties 
in  the  Commonwealth  to  transmit  the  votes  by  them 
respectively  received  from  ye  Selectmen  of  the  several 
Towns  &  districts  to  the  Secretary  of  ye  Commonwealth 
on  or  before  the  said  second  Tuesday  of  November. 
And  any  Sheriff'  neglecting  to  return  the  votes  by  him 
received  as  aforesd.  within  the  time  aforesd.  he  shall  for- 
feit &  pay  to  the  use  of  the  Commonwealth  the  sum  of 
one  hundred  pounds,  for  any  such  neglect.  And  the  said 
Sheriif  shall  be  allowed  and  paid  out  of  ye  Treasury  of 
this  Commonwealth,  the  Sum  of  four  pence  for  each  miles 
Travel  to  and  from  the  Town  of  Boston  in  transmitting 
the  votes  aforesd. 

And  be  it  further  resolved,  that  in  Case  the  aforesd. 
returns  from  any  district  shall  not  be  received  at  the 
Secretarys   Office  on  or  before  the   second   Tuesday  of 


Resolves,  1792. —  May  Session.  191 

November  next  the  members  of  the  Two  houses  of  the 
Legislature  shall  on  ye  said  second  Wednesda}'  of  Novemr. 
appoint  such  number  of  persons  as  any  such  district  is 
entitled  to  chuse  being  inhabitants  of  such  district  for 
Electors  of  President  &  Vice  president.    June  30,  1792. 

Chapter  81. 

ROLL  NO.  23. 

The  Committee  on  Accounts  having  examined  the  Ac- 
counts they  now  present,  Keport  that  there  is  due  to  the 
Towns  and  Persons  hereafter  mentioned,  the  sums  set 
against  their  names  respectively,  wdiich  if  allowed  and 
paid,  will  be  in  full  discharge  of  said  Accounts  to  the 
dates  therein  mentioned. 

JOSEPH   HOSMER  Pr.  order. 


Expences  of  Maintaining  the  Poor  of  the  Common  wealth  vizt. 

To  the  Town  of  Abington  for  supporting  Josei^h  Steel 

from  5  Febry.  1791  to  28  May  1792  inchiding  Doct.       £    s.    d. 
Richard  Briggs  two  Accounts,     .         .         .         .         .         21  10     3 

To  the  Town  of  Andover  for  supporting  John  Dunlap 
from  the  1  March  1791  to  1  March  1792  &  others, 
including  Doctr.  Abiel  Pearson's  Bill  for  Robert 
Hall's  family 30    7     4 

To  the  Town  of  Acton  for  supporting  Eunice  Barber 
&  her  four  Children  from  the  30  Janrv.  to  19  June 
1792 ■'...  800 

To  the  Town  of  Brookfield  for  supporting  Letitia  York 
&  others  from  October  1791  to  21  March  1792  includ- 
ing Doctr.  Jacob  Kittredges'  Bill,       .        .         .         .         17  13  10 

To  the  Town  of  Bolton  for  supporting  Ebenezer  Davis 

from  3  September  to  5  October  1791,.         .         .         .  4  18     8 

To  the  Town  of  Boston  for  supporting  sundry  persons. 

State's  Poor  from  1  December  1791  to  1  March  1792,       526     3     2 

To  Samuel  VVhitwell  keeper  of  the  Almshouse  in  Bos- 
ton for  taking  care  of  the  State's  poor  from  1  Deer. 
1791  to  1  March  1792, 41     0     4 

To  Doctr.  William  Spooner  for  Advice  Medicines  & 
Attendance  upon  the  State's  Poor  in  Boston  from  1.5 
May  1791  to  15  May  1792  — as  ^  Agreement,  .         .       120     0     0 

To  the  Town  of  Buckland  for  supporting  Jerusha 
Wilkie  from  3  Janrj-.  to  3  May  1791  including  Doctr. 
Mantor  &  Doctr  Haydens  Bills 12  15  10 

To  the  Town  of  Chesterfield  for  supporting  Sally  Bur- 
ton &  John  Kennedy  from  22  May  1791  to  22  May 
1792 \         18    4    0 

To  Mary  Cutter  of  Medford  for  supporting  a  Child 

from  the  29  Febry.  to  31  May  1792,    ....  1  15     9 


192  Kesolves,  1792.  —  May  Session. 

To  the  Town  of  Concord  for  supporting  Willm.  Shaw         £    s.  d, 
from  the  23  Janry.  to  llJune  1792,    ....  495 

To  the  Town  of  Cape  Elizabeth  for  supporting  Betty 

Carol  from  27  .May  1791  to  27  May  1792,   .         .         .         15  12     0 

To  the  Town  of  Dorchester  for  supporting  John  Ro- 
mans &  Family  from  6  March  to  19  June  1792  includ- 
ing Doctr  Andrews  Bill, 16     7     6 

To  the  Town  of  Dedham  for  suppoi'ting  John  Sheffe- 
nee,  James  Cloud  &  Widow  Titterton  from  30  July 

1790  to  1  Janry.  1792, 34  13     3 

To  the  Town  of  Dartmouth  for  supporting  sundry  per- 
sons &  funeral  Expenees  up  to  the  20  May  1792,       .         23  17     9 

To  the  Town  of  Duxbury  for  supporting  P^sther  an 
Indian  Woman  &  funeral  Charges  from  JSIovr  1790  to 
1  May  1792, 17     1     6 

To  the  Town  of  Franklin  for  supporting  Alexander 
Reed  from  12  Febry.  to  19  Novr.  1791  including 
Cloathing 15     2  10 

To  the  Town  of  George  Town  for  supporting  Patrick 
Lynch,  John  Lvnes  &  Nicholas  Hannibury  from  1 
Jany.  to  26  May  1792, 16     8     6 

To  the  Town  of  Greenfield  for  supporting  John  Battas' 
family  &  John  McHard  from  1  April  1791,  to  29 
Febry.  1792, 25     2     8 

'To  Joseph  Hosmer  for  supporting  Daphne  an  African, 
from  1  Febry.  to  20  June  1792,  by  virtue  of  a  Re- 
solve of  Court,     ........  550 

To  the  Town  of  Leonox  for  supporting  Martha  St.  John 
from  the  8  March  1787  to  1  March  1791,  committed 
by  a  Resolve  of  Court, 46  16     0 

To  the  Town  of  Mendon  for  supporting  Jane  Rowen  & 

James  Thompson  from  1  Jany.  to  12  June  1792,        .  5     1  11 

To  the  Town  of  Marshfield  for  supporting  Urana  Peck 
&  her  two  Children  from  the  5  May  1791  to  7  May 
1792 10  14    0 

To  the  Town  of  Natick  for  supporting  Joseph  Wara- 

scon  from  24  Deer.  1791  to  23  May  1792,    .         .         .  2  17     6 

To  the  Town  of  Newbury  Port  for  supporting  sundry 
persons  poor  of  the  Common  wealth  from  1  Janrj-.  to 
1  May  1792, 116     7     2 

To  the   Town  of  Newbedford  for  supporting  Phillip 

Mason  from  25  April  1791  to  6  April  1792,  .         .         10  11     3 

To  the  Town  of  Plymouth  for  supporting  Patrick 
Morris  &  Family  John  Barrets  family,  John  F.  Big- 
ner  &  Nathaniel  Thomas  &  wife  from  the  4  Febry. 
to  1  June  1792, 26  16  11 

To  the  Town  of  Portland  for  supporting  John  Oneil, 
John  Connor.  &  Dudley  Broadstreet  from  9  April 

1791  to  9  April  1792, .         32  17     4 

To  the  Town  of  Plympton  for  supporting  Simon  Brow 

&  Hannah  Mitchel  from  14  March  1791  to  12  March 

1792, 12  10  11 

To  the  Town  of  Rochester  for  supporting  Mary  Sassa- 

man  from  11  Jany.  to  27  April  1792 3     9     6 

To  the  Town  of  Shrewsbury  for  supporting  George 
Philmores  Family  from  1  March  1791  to  1  March 
1792 15  10     0 


Resolves,  1792.  —  May  Session.  193 

To  the   Town  of   Swansey  for    supporting  Penclo2:)e 

Wai'shonks  &  Deborah  Dorse  from  1  April  1791  to         £    s.   d. 
1  April  1792 7     2     2 

To  the  Town  of  Spencer  for  supporting  Robert  Giffin 
from  15  Jany.  to  11  August  1791  by  Levi  Harthway 
&  Caleb  Barton  as  #>'  their  Accts.,      ....  990 

To  the  Town  of  Tukesbury  for  supporting  James  John- 
son from  28  May  1791  to  28  May  1792  including 
Doct.  Kittredge  &  Doct.  Ryans  Bills, .        .         .         .         19  17     4 

To  the  Town  of  West  Springfield  for  supporting  John 
Hendrick  Coonrod  Threadmire  &  Lucy  Kent  from 
24  June  1785  to  14  May  1792  committed  by  a  Resolve 
of  the  Gen.  Court, 56     3     6 

To  the  Town  of  Windsor  for  supporting  Benjamin  Still 

&  wife  from  17  May  1791  to  17  May  1792,  .         .         24  10     0 

To  the  Town  of  W^arwiok  for  supporting  Jane  Birch 
&  her  three  Children  between  20  June  1791,  &  25 
May  1792, 130 

To  the  Town  of  Worcester  for  supporting  George 
Russell  from  1  March  to  25  May  1792  including 
Doctr.  John  Green's  Bill,  &  funeral  Charges,    .        .        18  11  10 

To  the  Town  of  Williamsburgh  for  supporting  Archi- 
bald McMillan  &  wife  from  1  April  1791  to  12  March 
1792, 20     9     6 

To  the  Town  of  Boxborough  for  supporting  John  Ken- 
nedy &  Mary  his  wife  from  14  January  to  2  June 
1792 600 

To  the  Town  of  Pitston  for  supporting  Ruammah 
Clark,  an  Insane  person  from  I  Sept.  1790  to  1 
Janry.  1792  including  Clotheing,         ,         .         .         .         24     0     9 

To  the  Town  of  Vassalborough  for  supporting  Ruam- 
mah Clark  from  6  April  to  1  Augt.  1790  4P  Joseph 
Webbers  Acct., 4     5     9 

To  the  Town  of  Boston  for  supporting  the  States  Poor 
from  [fioni]  1  March  to  1  June  1792,         .        .        .      443    7     4 

To  Samuel  Whitwell  keeper  of  the  Almshouse  in  Bos- 
ton for  taking  care  of  the  State's  Poor  from  1  Mai'ch 
to  1  June  1792 40  11     4 

To  Doctr.  Thomas  Welsh  for  Advice  Medicines  &  At- 
tendance upon  the  Poor  of  the  Common  Wealth, 
with  the  Small  Pox  in  the  Hosiiital  at  West  Boston 
from  2(i  Feby.  to  25  June  1792, 39     8     8 

To  the  Town   of  Medway   for    supporting   William 

Franklin  from  21  Febry.  to  5  June  1792,    ...  440 


£.1978    6     3 
Expences  of  the  Mililia  —  vizt. 

To  John  Smith  Brigade  Major  for  his  services  in  the  1 

Brigade  in  the  4  division  from  13  July  1789  to  22         £    s.   d. 
Febry.  1792,  committed  by  a  Resolve,  .         .         .         18     4     0 

To  William  Greenleaf  Jr  Brigade  Major  for  his  Ser- 
vices in  the  2d.  Brigade  in  the  7  division  fi'om  26 
June  1791  to  28  May  1792, 6  16    0 

£.25    0    0 


194 


Resolves,  1792.  —  May  Session. 


Sheriff's  Accounts  —  vizt. 

Elisha  Porter,  Sheriflf  of  the  County  of  Hampshire  for 

distributing  precepts  &  returning  Votes  for  a  Fed-         £    s,   d. 
eral  Hepresentative  between  August  »fe  Novr.  1791,  .  2     8     4 

John  Gardner  Slierift'of  the  County  of  Nantucket  for 
distributing  precepts  &  returning  Votes  for  a  Fed- 
eral Representative  iu  January  &  February  1792,     .  2    5    0 


Printers  Accounts  —  vizt. 

To  Benjamin  Edes  &  Son  for  printing  for  the  Common- 
wealth in  Novr.  1791, 

To  Benjamin  Russell  for  printing  in  Febry.  1792, 

To  Thomas  B.  Waite  for  printing  from  12  March  to  4 
June  1792 

To  Benjamin  Titcomb  Jr.  for  printing  from  10  June 
1791  to  o  March  1792 


£.4  13 

4 

£    s. 

1     4 
0  14 

d. 
0 
0 

16  13 

0 

1  16 

0 

£.20     7 

0 

Miscellaneous  Expences  for  the  Common-wealth  —  vizt. 

£    s.  d. 
5    8    0 


To  Benjamin  Austin  Jr.  for  an  Iron  Stove  in  Janry. 

1792  for  the  Secretarys  Office, 

To  John  Deming  for  expences  on  wood  from  Deer. 

1791  to  June  1792  for  his  Office  #»*  Acct ,   . 

To  Joseph  ilosmer  for  his  services  on  a  Committee  to 
settle  with  Samuel  Ward  in  April  1792  #*  Acct., 

To  Samuel  Howard  for  repairing  Schooner  Hancock  to 
attend  upon  the  Hospital  at  Rainsfords  Island  in 
April  1792  #*'  Acct. .         . 

To  Kbenezer  Hancock  foi*  Repairs  at  the  Castle  in  April 
&  May  1792  ^  Acct, 

To  Josiah  Wheeler  for  Repairs  at  the  Castle  in  March 
&  April  1792  #>•  Acct , 

To  Joseph  Russell  of  New  Bedford  for  Supplies  for 
the  Artillery  &c.  in  1778  conimitted  by  a  Resolve  of 
Court, 

To  Thomas  Davis  for  29  days  examining  Treasurer 
Hodgdon's  Accts.  pursuant  to  a  Resolve  passed  9 
March  1792  (a)  Us., 

To  James  Foster  for  his  services  in  ex- 
amining &  settling  the  Books  &  Ac- 
counts of  the  late  Treasurer  Ivers 
from  10  Deer  1787  to  17  June  1791, 
agreeably  to  Resolves  of  Court  of  21 
Novr.  17«7  &  of  17  June  1791.  1080  £  s.  d. 
days  /a)  9s 486     0     0 

also  for  his  services  in  the  same  Busi- 
ness from   17  June   1791  to  22  June 

1792  agreeablv  to  a  Resolve  of  Court 
of  18  June  1791.     284  days  (a>  lUs.      . 

deducting   a   Warrant   he    had   on    the 
Treasury  of  26  June  1789  in  part,  for 


0  11     2 

1  16     0 


7     5     6 
18  18    0 


17  18    7 


7     9     4 


17     8    0 


142 

0    0 

628 

0    0 

150 

0    0 

£478    0    0 


Resolves,  1792.  —  May  Session.  195 

To  Sarniiel  Thwing  for  his  services  on 

the  same  Business  at  the  same  time,  £    s.  d. 

1064  (lavs  (a)^s 478  16  0 

284  days  fa)  10s 142     0  0 


620  16     0 


deducting  a   Warrant    he  had   on   the 

Treasury  of  26  June  1789  in  part,  for        150     0     0 


To  Joseph  Laughton,  first  Clerk  in  the 
Treasurer's  OlUee  for  his  services  from 
5  March  to  26  June  1792  —  97  days  @ 
10s 


Total  of  the  whole  Amount —  vizt.,  , 

allowed  for  the  support  of  the  Poor  of  £  s.  d. 

the  Common  wealth 1978  6  3 

for  services  done  by  Sheriffs, .         .         .  4  13  4 

for  Expences  of  the  Militia,    ...  25 

for  Printing, 20  7  0 

Miscellaneous  Expences,         .        .        .  1074  0  7 


£ 

470 

s. 
16 

d. 
0 

£ 

48 

s. 
10 

d. 
0 

1074 

0 

7 

£.3102    7     2 

Read  &  accepted,  &  thereupon  Resolved  that  his 
Excelly.  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  Towns  &  per- 
sons borne  on  this  lioll,  the  sums  set  against  such  Towns 
&  persons  respectively,  amounting  to  three  thousand 
One  hundred  &  two  pounds  seven  shillings  &  two 
pence.  June  27,  1792. 


Chapter  83. 

ROLL,   NO,  24,— JUNE,   1792. 

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  resfjcctively ;  which  if  Allowed  and 
paid  will  be  in  full  discharge  of  the  said  Accounts  to  the 
dates  therein  mentioned. 

JOSEPH   HOSMER   pr.  Order. 


196  Resolves,  1792.  —  May  Session. 


For  support  of  Poor. 

To  the  Town  of  Westborough  for  supporting  John  £  s.   d. 

Scudmore,  from  the  1  Feby.  to  the  6  June  1792,         .  6     10 
To  the  Town  of  Williamstown,  for  Supporting  Rachel 

Galusha  from  2  Feby.,  to  20  May  1792,      .        .        .  7  10    0 

Trinling  for  Oovernment. 

To  Ezra  Waldo  Weld  for  Printing  sundry  Acts  &  Re- 
solves of  the  General  Court  from  march  14th  to  May 
9th  1792, 14    5    0 

Contingencys. 

To  Jacob  Kuhn  for  the  money  Expended  by  him  for 
the  purchase  of  Wood  Coal  &c.  for  the  use  of  the 
General  Court  over  and  above  the  sum  of  twenty 
four  pounds  jjaid  him  bj-  the  Treasurer  pursuant  to 
a  Resolve  passed  June  iSth  1791,        ....  2     8    5J 

£.30    4    b\ 


Read  &  accepted,  &  thereupon  Resolved  that  his  Excelly. 
the  Governour  with  the  advice  of  Council,  be  &  he  hereby 
is  requested  to  issue  his  Warrant  on  the  Treasury  for  the 
paj'ment  of  the  several  Towns  &  Persons  borne  on  this 
Roll,  the  sum  set  against  such  Towns  &  Persons  re- 
spectively, amounting  in  the  whole  to  Thirty  pounds 
four  shillings  &  five  pence  three  farthings. 

June  30,  1792. 


RESOLVES 


GENERAL    COURT   OF   THE    COMMONWEALTH 
OF  MASSACHUSETTS: 

BEGUN  AND  HELD  AT  BOSTON;  IN  THE  COUNTY  OF 
SUFFOLK,  ON  WEDNESDAY  THE  THIRTIETH  DAY  OF 
MAY,  ANNO  DOMINI,  1792;  AND  FROM  THENCE  CON- 
TINUED BY  PROROGATION  AND  PROCLAMATION  TO 
WEDNESDAY,  THE  SEVENTH  DAY  OF  NOVEMBER,  AT 
CONCOBD,  IN  THE  COUNTY  OF  MIDDLESEX. 


1792. — November  Session. 

address  of  both  houses  of  the  legislature  in  answer 
to  the  governor's  speech  of  november  7,  1792.* 

May  it  please  your  Excellency, 

We  have  to  acknowledge  your  attention  to  the  safety 
and  comfort  of  those  Members  of  the  Legislature,  who 
might  have  been  exposed  to  suffer  by  any  remains  of 
infection  from  the  contagious  disease,  which  has  lately 
visited  the  Metropolis ;  and  acquiesce  in  the  reasons  of 
your  Excellency  for  convening  the  General  Court  in  this 
place. 

The  necessity,  which  appears,  of  another  Session  of 
the  Legislature  in  the  present  year,  in  order  to  accom- 
plish the  proposed  Valuation,  with  the  unavoidable  incon- 
veniencies  of  our  present  situation,  will  probably  induce 
a  speedy  recess ;  which  we  shall  request  of  your  Excel- 
lency, as  soon  as  the  Choice  of  Electors  of  the  President 
and  Vice-President  of  the  United  States,  and  some  meas- 
ures which  may  be  thought  essential  to  the  prosecution  of 
the  public  business  in  the  ensuing  Session,  shall  be  com- 
pleated.    We  shall  be,  as  your  Excellency  anticipates,  thus 

*  Not  printed  in  previous  editions. 


198  Eesolves,  1792.  —  November  Session". 

prevented  from  attending  at  this  time,  to  the  other  impor- 
tant subjects  which  you  have  suggested  to  our  considera- 
tion. 

The  Propriety  of  the  Commonwealth's  becoming  inter- 
ested in  the  Union-Bank,  and  the  advantages  which  may  be 
derived  from  that  connection,  will  deserve  the  attention 
of  the  Legislature,  when  an  opportunity  shall  offer  for  a 
full  discussion  of  the  subject. 

We  shall  ever  join  with  your  Excellency  in  expressing 
a  just  indignation  at  any  insult  to  the  laws  of  the  Com- 
monwealth;  and  in  this  light  we  must  view  the  breach, 
which  you  suggest,  of  the  statute  provided  against  Stage- 
Plays  and  other  Theatrical  Entertainments,  a  statute, 
which  we  esteem  an  important  and  needful  preservative, 
of  the  prudent  habits,  and  morals,  of  the  Citizens  of  this 
Commonwealth.  If  any  defect  should  be  found  in  that 
statute,  as  ap|)lied  to  present  circumstances,  we  shall  en- 
deavour to  remedy  it. 

We  fully  accord  with  your  Excellency  in  your  observa- 
tions upon  the  many  inestimable  advantages  of  a  Grand- 
Jury  in  a  free  Country,  which,  both  in  the  protection  of 
innocence,  and  in  the  punishment  of  Offences,  is  the 
surest  bulwark  of  personal  liberty  and  safety.  This 
important  institution  will  claim  the  attention  of  the 
Legislature  at  the  earliest  opportunity  ;  and  we  would 
especially  endeavour  to  prevent  every  possible  corruption, 
in  the  general  practice  upon  it 

It  is  our  intention  to  expedite,  by  every  means  in  our 
power,  the  public  business  necessary  to  be  undertaken  at 
this  time  ;  and  your  Excellency's  presence  with  us,  which 
we  regard  with  pleasure  as  an  evidence  of  your  better 
health,  will  greatly  aid  us  in  this  design. 

November  10,  1792. 


Chapter  1. 

RESOLVE  OX  THE  PETITION  OF  JOHN  STONE,   ESQ.    AND   JOHN 

HAVEN. 

On  the  Petitions  of  John  Stone  Esqr.  &  John  Haven, 
both  of  Holliston  in  the  Count}'  of  Middlesex,  praying 
that  they  may  be  Licenced  as  Innholders  ;  for  reasons  Set 
forth  in  the  Said  Petitions. 

Resolved,  that  any  two  Justices  of  ye  Peace,  Quorum 
unus,  within  the  said  County,  be,  and  they  are  hereby 


Resolves,  1792.  —  November  Session.  199 

impowered  to  Licence  the  said  John  Stone  &  John 
Haven,  Innholders  in  the  said  town  of  HoUiston,  untill 
the  Next  term  for  granting  Licences  in  the  said  County  : 
they  complying  with  the  requisitions  of  Law  which  re- 
spect Licenceing  Innholders  any  Law  to  the  contrary 
notwithstanding.  November  10^  1792. 

Chapter  1a.* 

ORDER  ON  THE    PETITION  OF  JACOB  PENNIMAN  AND  OTHERS. 

On  the  petition  of  Jacob  Penniman  and  others  praying 
that  certain  lands  mentioned  in  their  petition  lying  on 
and  near  Neponset  river,  so  called,  may  be  incorporated 
into  a  general  Held. 

Ordered  that  Seth  Bullard  esqr.  one  of  the  petitioners 
named  in  said  })etition,  notify  all,  and  every  of  the  non- 
subscribing  owners  of  lands  lying  within  the  limits  de- 
scribed in  said  petition,  by  serving  them  with  an  attested 
copy  of  their  petition  and  this  order  thereon  fifteen  days 
at  least  before  the  second  Wednesday  of  the  next  sitting 
of  the  General  Court,  that  they  may  then  appear  and 
shew  cause,  if  any  they  have,  why  the  prayer  of  the  said 
petition  should  not  be  granted.  November  9,  1792. 

Chapter  2. 

RESOLVE    REFERRING   ALL   MATTERS   TO    THE    NEXT    SESSION. 

Hesolved,  That  all  matters  &  things  whatever,  which 
were  referred  by  the  Legislature,  at  the  last  session  of 
the  general  Court,  to  any  particular  Day  in  this  session, 
be  further  referred  to  the  next  session  of  the  general 
Court,  &  to  such  Day  therein,  as  was  appointed  therefor 
in  this  session  ;  &  that  all  Executions  that  were  ordered 
in  the  said  last  session,  to  be  staid  untill  this  session,  or 
to  any  particular  Day  in  this  session,  be  further  stayed 
untill  the  next  session  of  the  general  Court,  &  unto  such 
day  in  the  said  next  session,  as  was  directed  therefore  in 
this  session  ;  &  that  all  persons  who  in  the  t^aid  last  ses- 
sion, were  directed  to  shew  Cause  against  granting  the 
prayer  of  any  petition,  at  this  session,  or  on  any  particu- 
lar Day  in  this  session,  have  the  same  Day  in  the  said 
next  session  as  was  appointed  therefore  in  this  session, 

*  Not  printed  in  previous  editions.    Talien  from  court  record. 


200  Eesolves,  1792.  —  November  Session. 

any  thing  in  any  resolution  of  the  general  Court,  passed 
at  their  last  session,  to  the  contrary  notwithstanding. 
And  the  Secretary  is  derected  to  publish  this  Resolve  in 
the  public  News  Papers,  as  soon  as  may  be. 

November  10,  1792. 

Chapter  3a.* 

RESOLVE   APPOINTING  JOSEPH   B.   VARNUM,  ESQ.  ONE   OF  THE 
COMMITTEE  ON  THE   PEJYPSCUT    CLAIM. 

Besolved  that  Joseph  B,  Varnum  Esqr.  be  &  he  is 
hereby  appointed  one  of  the  Committee,  (in  the  room  of 
Abel  Wilder  Esqr.  deceased)  who  by  a  Resolve  of  the 
21st  of  Feby.  last  w^ere  directed  to  consider  the  subject  of 
the  Pejypscut  claim.  November  10,  1792. 

Chapter  3. 

RESOLVE   ON    THE    PETITION   OF    JAMES    PRESCOTT,    ESQ.    AND 
JACOB  LAKIN  PARKER. 

On  the  petition  of  James  Prescott  Esqr.  &  Jacob  La- 
kin  Parker  Administrators  &c. 

Besolved,  that  for  reasons  Set  forth  in  said  petitions, 
the  Honble.  Oliver  Prescott  Esqr.  Judge  of  Probate  for 
the  county  of  middlesex  be  &  he  is  hereby  impowered  to 
appoint  commissioners  to  receive  &  Examine  the  Several 
claims  on  the  Estates  of  Jacob  Gragg  and  Nathaniel 
Parker  late  of  Groton  deceased  —  The  Expiration  of 
eighteen  month  since  the  first  appointing  commissioners 
on  those  Estates  notwithstanding.      November  12,  1792. 

Chapter  4. 

RESOLVE   ON  THE   PETITION  ON  JOHN  WAIT  ESQ. 

On  the  petition  of  John  Wait,  Esqr.  Sheriff  of  the 
County  of  Cumberland,  praying,  a  longer  time  may  be 
allowed  him  to  discharge  the  [the]  Sum  of  three  hundred 
&  fifty  pounds  Nineteen  Shillings  being  the  balance  due  on 
Sundry  Executions  in  favour  of  the  Commonwealth  re- 
turned satisfied  by  said  AVait. 

Besolved  that  the  said  John  Wait,  Esqr.  be  allowed 
twelve  months  from  the  passing  this  Resolve  for  him  to 
discharge  the   aforesaid  Sum    of  three  hundred  &  fifty 

•  Not  printed  in  previous  editions. 


Resolves,  1792.  —  November  Session^.  201 

pounds  Nineteen  Shillings  Provided  the  Said  Wait,  give 
bonds  with  sufficient  Sureties,  to  the  Treasurer  of  this 
Commonwealth  for  the  payment  of  the  aforesaid  Sum, 
and  lawful  Interest  thereon,  at  the  expiration  of  said 
twelve  months  and  the  Treasurer  is  directed  to  govern 
himself  accordingly.  November  13^  1792. 

Chapter  5. 

RESOLVE  ON  THE  PETITION   OF  TIMOTHY  EDWARDS   ESQ. 

On  the  petition  of  Timothy  Edwards  in  behalf  of  the 
inhal)itants  of  the  town  of  Stockl)ridge. 

Resolved  That  the  Treasurer  of  this  Commonwealth  do 
not  issue  his  warrant  of  di^tress  against  the  assessors  of 
said  town  for  default  which  they  may  make  in  not  assess- 
ing agreeably  to  his  warrant  of  the  30th  of  August  last 
the  sum  of  two  hundred  and  fifty  seven  pounds  five  shil- 
lings and  one  penny  being  a  tax  ordered  to  be  assessed 
and  levyed  by  the  General  Court  of  the  commonwealth 
aforesaid  at  their  sessions  began  and  held  on  wensday  the 
31st  day  of  May  1787  untill  the  first  day  of  December 
1793  —  Provided  the  aforesaid  inhabitants  pay  into  the 
treasury  of  this  Commonwealth  the  sum  of  ninety  pounds 
upon  or  before  the  first  day  of  December  next. 

November  13,  1792. 


Chapter  6. 

RESOLVE  ON  THE  PETITION  OF  JOSEPH   HOOKER. 

On  the  Petition  of  Joseph  Hooker  a  Collector  of  Taxes 
in  the  town  of  Greenwich  for  the  Year  one  thousand  seven 
hundred  &  seventy  one,  shewing  that  he  stands  charged 
on  the  Book  of  the  Treasury  of  this  Commonwealth  with 
the  sum  of  Seventeen  Pounds  eighteen  shillings  &  six 
pence  which  was  originally  made  payable  to  the  late* 
Treasurer  Gray,  &  praying  to  be  discharged  therefrom, 
for  Keason  in  the  said  Petition  mentioned,  &  it  appearing 
to  this  Court  that  the  said  sum  hath  been  paid  by  the 
Petitioner  —  therefore 

Resolved  that  the  Treasurer  of  this  Commonwealth  be 
&  he  hereby  is  authorised  &  directed  to  credit  the  said 
Collector  the  aforesaid  sum  of  Seventeen  Pounds  eighteen 
shillings  &  six-pence  &  fully  discharge  him  therefrom. 

November  13,  1792. 


202  Resolves,  1792.  —  ^N'ovember  Session. 


Chapter  7. 

RESOLVE    FOR    ADJOURNING    THE    COURT    OF  COMMON    PLEAS 
AT  WORCESTER. 

Whereas  it  appears  to  be  expedient  that  the  Courts  of 
Common  Pleas  &  General  Sessions  of  the  Peace  which  by 
Law  are  to  be  holden  at  Worcester  in  &  for  the  County 
of  Worcester  on  the  first  Tuesday  of  December  next 
shuld  be  adjourned  :  Therefore 

Resolved  That  the  Courts  of  Common  Pleas  &  General 
Sessions  of  the  Peace  by  Law  to  be  holden  at  Worcester 
within  &  for  the  County  of  Worcester  on  the  first  Tues- 
day of  December  next,  be  &  the  same  Courts  are  hereby 
adjourned  to  the  third  Tuesday  of  the  same  December 
then  to  be  holden  at  Worcester  within  &  for  the  County 
of  Worcester  aforesaid.  And  all  Writs  processes  &  Re- 
cognizances &  appeals  issued  taken  &  made  returnable 
to  said  Courts  or  either  of  them  and  all  matters  causes 
and  things  that  might  have  day  or  that  might  be  had 
moved  or  done  at  in  or  by  said  Courts  or  either  of  them, 
shall  be  returnable  to  &  may  be  entered  prosecuted  had 
moved  &  done  at  in  &  by  the  said  Courts  at  the  time 
hereby  appointed  for  holding  the  same.  And  the  Secre- 
tary is  derected  as  soon  as  may  be  to  cause  this  Resolve 
to  be  published  in  the  Boston  Independent  Chronicle  & 
in  the  Worcester  Gazette  three  Weeks  successively. 

November  16,  1792. 


Chapter  8. 

RESOLVE   FOR  THE   PAY  OF   THE   LEGISLATURE. 

Resolved^  that  there  be  allowed  &  paid  out  of  the 
treasury  of  this  Commonwealth  to  each  of  the  Members 
of  the  Honorable  Council  Seven  Shillings  &  six  pence,  to 
each  of  the  Members  of  the  Senate  Seven  Shillin<j:s  &  to 
each  of  the  Members  of  the  House  of  Rei)resentatives 
Six  Shillings  &  six  pence  per  day  for  each  days  attend- 
ance &  a  like  sum  for  every  ten  miles  travel. 

And  be  it  farther  Resolved  that  there  be  allowed  & 
paid  as  above  to  the  Honorable  Samuel  Phillips  Esq.  Pres- 
ident of  the  Senate  &  to  the  Hon.  David  Cobb  Esq. 
Speaker  of  the  House  of  Representatives  Six  Shillings  for 
every  days  attendance  over  &  above  their  pay  as  Mem- 


Resolves,  1792.  —  Kovember  Session.  203 

bers  of  the  Legislature  as  above  stated  &  that  the  Treas- 
urer of  the  Commonwealth  be  &  he  hereby  is  directed  & 
ordered  to  pay  the  respective  j\Ieml)ers  accordingly  out 
[out]  of  the  money  in  the  Treasury  not  already  appro- 
priated upon  his  receiving  a  Warrant  therefor,  from  His 
Excellency  the  Governor  with  advice  of  Council. 

November  13,  1792. 

Chapter  9. 

RESOLVE    ON  THE   PETITION  OF  JOHN  REED  JOSSELYN. 

On  the  Petition  of  John  Reed  Josselyn  late  of  Han- 
over in  the  County  of  Plymouth  praying  that  the  present 
Judge  of  Probate  for  Said  County  may  be  authorized  to 
take  into  Consideration  &  allow,  if  He  shall  see  fit,  his 
Claim  against  the  Estate  of  Phillip  Josselyn  deceass'd. 

Resolved  That  the  prayer  of  the  Petition  be  granted  & 
that  the  Said  Judge  of  Probate  is  hereby  authorized  to 
take  into  Consideration  the  Claim  of  the  said  Petitioner 
against  the  Estate  of  the  said  deceased  by  appointing 
Commissioners  to  examine  the  same,  &  to  allow,  if  to 
Him  it  shall  seem  just,  that  the  said  petitioner  shall  be 
put  upon  the  same  footing  with  the  other  Creditors  of 
said  Estate,  provided  it  can  be  done  out  of  any  Dividend 
that  is  yet  to  be  made  of  the  Estate  of  the  said  deceased. 

November  18^  1792. 

Chapter  10. 

RESOLVE  ON  THE  PETITION  OF  JOSEPH  JOSSELYN  JR. 

On  the  Petition  of  Joseph  Josselyn  jr.  of  Pembroke  in 
the  County  of  Plymouth,  [)raying  that  the  present  Judge 
of  Probate  for  Said  County,  may  be  authorized  to  take 
into  Consideration  &  allow  if  He  shall  see  tit,  his  Claim 
against  the  Estate  of  Phillip  Josselyn  deceased. 

Resolved  that  the  prayer  of  the  pe[^«]tion  be  granted  & 
that  the  said  Judge  of  Probate  is  hereby  authorized  to 
take  into  Consideration  the  Claim  of  the  Said  Petitioner 
against  the  Estate  of  the  Said  deceass'd  by  appointing 
Commissioners  to  examine  the  same  ;  &  to  alh)W,  if  to 
Him  it  shall  seem  just,  that  the  sd.  Petitioner  shall  be  put 
upon  the  same  footing  with  the  other  Creditors,  provided 
it  may  be  done  out  of  a  second  Dividend  of  the  Estate  of 
the  Sd.  deceass'd.  November  13,  1792. 


201  Resolves,  1792.  —  I^ovembee  Session. 

Chapter  11. 

RESOLVE  ON  THE  PETITION  OF  SAMUEL  BAKER  ESQ. 

On  the  Petition  of  Samuel  Baker  Esqr.  one  of  the 
Executors  of  the  Last  will  and  Testament  of  Daniel 
Greenleaf  Junr.  Late  of  Bolton  in  the  County  of  Worces- 
ter Physicion  Decsd.  praying  for  leave  to  make  sale  of 
the  Real  Estate  of  the  said  Daniel  Laying  in  Bolton 
aforesaid. 

Resolved  that  the  prayer  thereof  be  granted  and  that 
the  said  Samuel  Baker  in  his  said  Capacity  be  and  he  is 
hereby  Authorized  to  make  sale  of  tvvo  Thirds  of  the 
Real  Estate  of  the  said  Daniel  Greenleaf  together  with 
the  reversion  of  the  widows  dower  in  said  Estate  for  the 
most  the  same  will  fetch  and  to  make  and  Execute  good 
and  Lawfull  Deed  or  Deeds  of  Sale  and  Conveyanc  of 
the  same  the  said  Baker  first  giving  Bond  to  the  Judge 
of  Probate  for  the  County  of  Worcester  to  observe  the 
rules  &  directions  in  the  Law  for  the  sale  of  Real  Estates 
by  Executors  &  administrators,  and  to  apply  the  proceeds 
of  said  sale  to  satisfy  the  Claim  against  said  Estate  and 
Costs  arrising  thereljy,  and  to  Acco[w]nt  with  the  said 
Judge  for  the  remander  if  any  there  be. 

November  13,  1792. 

Chapter  11a.* 

ORDER  ON  THE  PETITION  OF  ICHABOD  BENSON. 

On  the  petition  of  Ichabod  Benson  praying  for  the  con- 
firmation of  the  doino:s  of  the  late  Judge  of  Probate  of 
wills  &c.  for  the  County  of  Plimouth  in  the  settlement 
of  the  estate  of  Joshua  Benson  late  of  Middleborough  in 
said  County  deceased. 

Ordered  that  the  petitioner  serve  the  heirs  at  law  of 
the  said  Joshua  with  an  attested  copy  of  said  petition 
with  this  order  thereon  fourteen  days  before  the  second 
Wednesday  of  the  next  session  of  the  General  Court,  that 
they  may  appear  on  said  second  Wednesday,  and  shew 
cause  if  any  they  have,  why  the  prayer  of  said  petition 
should  not  be  granted.  November  13,  1792. 

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


Resolves,  1792.  —  K'ovember  Session.  205 

Chapter  13. 

RESOLVE  ON  THE  PETITION  OF  DAVID  BIGELOW. 

On  the  petition  of  David  Bigelow  of  Worcester  in  the 
County  of  Worcester,  praying  to  be  discharged  from  the 
sum  of  twenty  six  pounds,  eight  shillings,  remaining  in  his 
hands,  out  of  monies  which  he  received  of  the  Treasurer 
of  this  Commonwealth  in  paper  money  in  the  Year  1777. 

liesolved  for  reasons  set  forth  in  the  said  petition,  that 
the  petitioner  be  directed  to  return  the  said  paper  money, 
being  the  sum  of  twenty  six  pounds,  eight  shillings,  into 
the  Office  of  the  Treasurer  of  this  Commonwealth,  &  the 
Treasurer  is  hereby  directed  to  give  his  receipt  for  the 
same;  —  which  receipt  shall  be  a  full  discharge  of 
the  claim  of  this  Commonwealth  aofainst  the  said  Bi^e- 
low,  for  the  sura  aforesaid. — And  the  said  Bigelow  is 
further  directed  to  return  into  the  said  Office  his  receipt 
for  mony  paid  certain  Individuals  for  Guns,  to  the  amount 
of  sixteen  pounds,  thirteen  shillings  &  nine  pence  ;  wdiich 
together  with  the  aforesaid  sum  of  twenty  six  pounds, 
eight  shillings,  shall  be  a  full  discharge  of  the  sum  he 
received  of  the  Treasurer  aforesaid,  being  forty  three 
pounds,  fourteen  shillings  &  nine  pence. 

Novemher  14,  1792. 

Chapter  13. 

RESOLVE   FOR   ADJOURNING   THE    COURTS    OF   COMMON    PLEAS 
AND  GENERAL  SESSIONS  OF  THE  PEACE. 

Whereas  inconveniencies  may  arise,  if  the  Court  of 
General  Sessions  of  the  peace,  &  Court  of  Common  pleas, 
should  be  holden  in  the  County  of  Middlesex,  on  the  last 
Tuesday  of  the  present  month,  by  reason  of  the  appoint- 
ment of  the  publick  Thanksgiving  :  Therefore 

liesolved,  that  the  Court  of  General  Sessions  of  the 
peace,  &  Court  of  Common  pleas,  by  Law  to  be  holden 
at  Cambridge,  within  &  for  the  County  of  Middlesex, 
on  the  last  Tuesday  of  November  current,  be,  and  they 
hereby  are  adjourned  to  the  second  tuesday  in  December 
next,  then  to  be  holden  at  Cambridge,  within  &  for  the 
County  of  Middlesex  aforesaid  ;  and  all  Writs,  processes 
&  recognizances  returnable  to,  &  all  appeals  made  to  said 
Courts,  to  be  holden  on  the  said  last  Tuesday  of  Novem- 


206  Eesolves,  1792.  —  November  Session. 

ber ;  and  all  matters,  causes  &  Things,  which  might  have 
day,  or  Which  might  be  moved  or  done,  at  in  or  by  the 
said  Courts,  if  held  on  the  said  last  Tuesday  of  November 
aforesaid,  shall  be  returnable  to,  and  may  be  entered, 
prosecuted,  had,  moved  &  done,  at,  in  &  by  the  said 
Courts  at  the  time  hereby  appointed  for  holding  the  same. 
Resolved  farther  that  the  Secretary  be  &  hereby  is 
directed  to  cause  this  Resolve  to  be  published  in  the 
Independent  Chronicle  as  soon  as  may  be. 

November  14,  1792. 

Chapter  14. 

RESOLVE  ON  THE  PETITION  OF  THOMAS  HODGDON. 

On  the  Petition  of  Thomas  Hodgdon  seting  forth  that 
he  has  not  been  paid  for  a  qu[a]ntity  of  provisions  sup- 
plied the  Troops  at  Edgcomb  in  the  year  1781. 

liesohed,  that  the  Account  of  the  said  Thomas  Hodg- 
don be  laid  before  the  Committee  on  Accounts  who  are 
impowered  to  allow  the  same  or  such  part  thereof  as  shall 
appear  to  them  to  be  justly  due.  November  15,  1792. 

Chapter  15. 

RESOLVEON  THE  PETITION  OF  ABEL  ABEL. 

On  the  petition  of  Abel  Abel. 

Resolved  that  Wm.  Jernigan  and  Benjn.  Bassett  Esqrs. 
be  and  they  hereby  are  authorized  and  empowered  in  be- 
half of  said  Abel  to  liquidate  and  adjust  all  the  debts  now 
due  and  owing  from  said  Abel  to  any  person  or  persons, 
and  which  have  been  contracted  agreably  to  the  laws  of 
this  Commonwealth,  and  having  done  the  same,  the  said 
Jernigan  and  Bassett  are  hereby  authorised  and  empow- 
ered to  sell  and  dispose  at  publick  auction  of  so  much  of 
the  said  Abel's  real  estate  as  will  pay  the  amount  of  said 
debts  and  charges  of  sale  —  provided  the  whole  so  sold 
shall  not  exceed  sixty  pounds  and  that  the  said  Jernigan 
&  Bassett  shall  observe  all  the  rules  and  regulations  pre- 
scribed by  law  to  be  observed  l)y  executors  and  adminis- 
trators in  the  sale  of  real  estate ;  and  they  are  hereby 
directed  to  render  an  account  of  their  proceedings  herein 
to  the  Governor  &  Council  who  are  hereby  authorised  to 
make  them  reasonable  allowance  for  their  services. 

November  16,  1792. 


Resolves,  1792.  —  November  Session.  207 


Chapter  15a.* 

LISTS   TO   BE    CERTIFIED   BY   THE  GOVERNOR  AND  DELIVERED 
TO  ELECTORS  OF  PRESIDENT  AND  VICE  PRESIDENT. 

Whereas  by  a  Resolve  passed  on  the  thirtieth  day  of 
June  last  for  districting  the  Commonwealth  for  the  pur- 
pose of  choosing  Electors  of  President,  of  Vice  President, 
no  provision  is  made  for  certifying  to  the  Government 
of  the  United  States,  the  choice  of  such  Electors,  or  their 
doings  as  such : 

Therefore  Rei^olved  that,  the  Governor  of  this  Common- 
wealth be,  and  he  hereby  is  requested  to  cause  three  lists 
of  the  persons  chosen  Electors,  as  aforesaid,  to  be  fairly 
made  out,  and  the  same  by  him  duly  certified,  to  be  de- 
livered to  the  persons  so  chosen  Electors,  on  or  before 
the  first  Wednesday  in  December  next,  that  they  may  be 
able  to  make  such  Certificates  of  the  votes  that  may  be 
given  by  them,  and  return  the  same  in  manner  as  they  are 
directed  by  a  law  of  the  United  States  in  that  case  pro- 
vided. November  16,  1792. 


Chapter  16. 

RESOLVE    ALLOWING    THE     COUNTY    TREASURER'S    ACCOUNTS 
FOR  THE  COUNTY  OF  LINCOLN. 

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  Court  of  General 
Sessions  of  the  peace  of  the  necessary  charges  likely  to 
arise  w^ith  in  the  said  County  the  current  year  amounting 
to  the  sum  of  eight  hundred  &  ninty  four  pounds  one 
shilling  &  one  peney  : 

Ilesolved  that  the  sum  of  eight  hundred  and  ninty  four 
pounds  one  shilling  &  one  peney  be,  and  is  hereby  granted 
as  a  tax  for  the  said  County  of  Lincoln  to  be  apportioned, 
assesed,  collected  and  [and]  applied  in  manner  agreeable 
to  Law.  November  16,  1792. 

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


208  Resolves,  1792.  —  November  Session. 


Chapter  17. 

RESOLVE  ON  THE  PETITION  OF  JOSEPH  TUCKER. 

On  the  petition  of  Joseph  Tucker,  praying  that  the 
bonds  of  Benjamin  Darling  may  be  Assigned  him  and 
that  he  may  receive  what  has  been  Collected  on  said 
bonds. 

Resolved  that  the  Attorney  General  Cause  a  Scire 
Facias,  to  Issue  Against  Benjamin  Darling  as  principle 
—  for  twenty  five  pounds  and  also  another  Sch'e  Facias 
against  Samuel  Bartlett  one  of  said  Darlings  Sureties  for 
Twelve  pounds  Ten  Shillings  with  Costs  and  that  the 
avails  be  paid  to  the  said  Joseph  Tucker  —  or  his  order  — 

And  it  is  farther  Resolved  that  the  Treasurer  of  this 
Commonwealth  pay  unto  the  said  Joseph  Tucker  Twelve 
pounds  Ten  Shillings  being  part  of  said  bonds  received 
of  Jesse  Harlow  one  of  said  Darlings  Sureties  provided 
the  Attorney  Genl.  has  reed,  it  —  and  his  Excellencey  the 
Govenour  with  Advice  of  Council  is  requested  to  grant 
his  warrant  on  the  Treasurer  for  payment  thereof. 

November  16,  1792. 

Chapter  18. 

RESOLVE  ON  THE  PETITION  OF  JAMES  STEWART. 

On  the  Petition  of  James  Stewart. 

Resolved  for  Reasons  set  forth  in  said  Petition  that  the 
Committee  for  methodizing  public  Accounts  be  &  hereby 
are  directed  to  Certify  to  his  Excellency  the  Governor 
and  Council  the  sums  due  to  Benjamin  Read  Late  Lieut, 
in  Colo.  Brooks  and  Late  Aldens  Regiments  and  the  Gov- 
ernor with  advice  of  Council  is  requested  to  Draw  his 
Warrant  on  the  Treasr.  for  the  Sum  due  to  the  Widow  & 
Orphans  of  Benjamin  Read  in  the  same  way  that  has  been 
used  in  paying  others  under  similar  circumstances. 

November  16,  1792. 

Chapter  19. 

RESOLVE   ON  THE   PETITION   OF  HANNAH  EATON. 

On  the  Petition  of  Hannah  Eaton,  Administratrix  of 
the  Estate  of  Jeremiah  Eaton,  late  of  Reading  in  the 
County  of  Middlesex,  Housewright  deceased  —  For  Rea- 
sons sett  forth  in  said  Petition. 


Resolves,  1792.  —  November  Session.  209 

Bewlved,  That  the  prayer  of  said  Petition  be  so  far 
granted,  That  the  said  Hannah  in  her  said  Capacity,  be 
and  she  is  hereby  authorized  and  empoAvered,  to  ruake, 
seal  and  Execute  a  deed  of  Release,  of  all  the  Right, 
Estate  and  Interest  of  WiUiani  Eaton,  Folly  Eaton,  and 
Sally  Eaton,  Children,  Minors,  and  three  of  the  Heirs  at 
law  of  said  Jeremiah  deceased,  of,  in  and  to  all  that  part 
of  those  lands  in  said  Reading  which  said  deceased  in  his 
lifetime  purchased  in  Partnership  with  Samuel  Herrick, 
William  Whittridge  &  Joseph  Burnap,  which  said  de- 
ceased in  his  lifetime  agreed  to  divide  with  the  said  Her- 
rick, Whittredge  &  Burnap,  and  which  by  said  Agreement 
were  to  be  released  to  them  by  said  deceased  —  Provided 
said  Herrick,  Whittredge  &  Burnap  shall  by  a  proper 
deed  or  deeds  Release  all  their  Right,  Interest  and  Estate 
of,  in  &  unto  those  Lands,  which  by  said  Agreement  were 
to  be  released  to  said  deceased  ;  so  as  to  Convey  to  said 
William,  Polly  &  Sally  their  full  proportion  of  said  Lands 
in  the  same  manner,  as  if  the  Deeds  of  Release  aforesaid, 
had  been  duely  executed  in  the  lifetime  of  said  Jeremiah 
Eaton  deceased.  November  16,  1792. 

Chapter  19a.* 

ORDER  ON  THE   PETITION  OF  THE  SELECTMEN   OF  THE  TOWN 
OF  COXHALL. 

On  the  petition  of  Heber  Kimbal,  Joseph  Roberts  junr, 
and  Robert  Swanson,  Selectmen  of  the  town  of  Coxhall, 
and  others,  inhabitants  of  said  town  praying  that  they 
may  be  quieted  in  the  possession  of  their  lands,  and  that 
they  may  be  comprehended  within  a  Resolve  of  twenty 
fourth  of  June  1789,  and  may  have  liberty  to  purchase  of 
the  Committee  or  otherwise. 

Ordered  that  the  said  Selectmen  cause  said  petition  to 
be  published  in  the  Independent  Chronicle,  and  the  East- 
ern Herald  three  weeks  successively,  at  least  thirty  days 
before  the  fourth  Wednesday  of  the  next  sitting  of  the 
General  Court,  that  the  proprietors  of  said  township,  or 
any  other  person  may  appear  and  shew  cause,  if  any  they 
have,  on  the  said  day,  why  the  said  petitioners  should 
not  be  quieted  in  the  possession  of  their  land. 

November  16,  1792. 

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


210  Resolves,  1792.  —  November  Session. 


Chapter  20. 

RESOLVE  ON  THE   PETITION  OF  JOSEPH  LOPEZ. 

On  the  Petition  of  Joseph  Lopez,  praying  the  Judge 
of  Probate  for  the  County  of  Worcester  may  be  Author- 
ized, to  give  a  further  time  to  the  Commissioners,  ap- 
pointed by  said  Judge  to  examine  the  Claims  of  the 
Creditors  of  the  Estate  of  Aaron  Lopez  deceased. 

Resolved,  for  reason  set  forth  in  said  Petition,  that  the 
Judge  of  Probate,  for  the  County  of  Worcester  be,  & 
hereliy  is  authorized  and  directed,  to  extend  tlie  Com- 
mission, of  Joseph  Russell  Junr.  Merchant,  and  Cristo- 
pher  Gore  Esqr.  both  of  Boston  in  the  County  of  Suflblk, 
and  Walter  Channing  of  Newport  in  the  State  of  lihod 
Island,  Commissioners  appointed  to  examine  the  Claims 
to  the  aforesaid  estate,  for  the  Term  of  Nine  Months, 
from  the  passing  this  Resolve,  to  receive  &  examine  said 
claims  and  report  thereon  to  the  aforesaid  Judge  of  Pro- 
bate accordinffly,  any  Law  or  Resolve  to  the  conterary 
notwithstanding.  November  16,  1792. 

Chapter  31. 

RESOLVE  ALLOWING  THE  COUNTY  TREASURER'S  ACCOUNTS 
FOR  THE  COUNTY  OF  DUKES  COUNTY. 

Whereas  the  Treasurer  of  the  County  of  Dukes  County 
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  of  Dukes  County  has 
laid  l^efore  the  General  Court  an  Estimate  made  by  the 
Court  of  General  Sessions  of  the  Peace  of  the  necessary 
charges  w4iich  are  likely  to  arise  in  said  County  the  Cur- 
rant Year  amounting  to  the  Sum  of  two  hundred  &  eighty 
Pounds : 

Resolved  that  the  Sum  of  two  Hundred  &  eighty  Pounds 
be  &  is  hereby  granted  as  a  Tax  for  said  County  of  Dukes 
County  to  be  apportioned  assessed  collected  &  applied  in 
Manner  provided  by  Law.  November  16,  1792. 

Chapter  23. 

RESOLVE    ON    THE    MEMORIAL    OF    THE     MANAGERS    OF    THE 
STATE-LOTTERY. 

On  the  Memorial  of  the  Managers  of  the  State-Lottery, 
representing  that  the  last  class  of  said  Lottery  remains 


Resolves,  1792.  —  November  Session.  211 

unsettled,  in  consequence  of  a  difierence  of  opinion  enter- 
taind  by  the  present  Treasurer  upon  the  construction  of 
the  Law  granting  tlie  Lottery  ;  and  requesting  the  direc- 
tion of  the  Legislature  thereon. 

Remlved  that,  the  Treasurer,  settle  the  Accounts  of  the 
said  Managers  for  the  last  Class  as  has  been  practisd 
respecting  the  other  Classes  of  the  said  Lottery,  upon  the 
principle  of  allowing  their  commission  upon  all  the  Tickets 
—  and  that  he  deliver  to  each  of  the  said  Managers  his 
Bond  upon  his  paying  the  sum  so  found  to  be  due  from 
him  to  the  Commonwealth.  November  16,  1792. 

Chapter  33  a.* 

ORDER   ON  THE   PETITION  OF  CHARLES   BARRETT. 

On  the  petition  of  Charles  Barrett,  praying  for  liberty 
to  erect  certain  Locks  in  Georges  river  in  the  County  of 
Lincoln. 

Ordered  that  the  petitioner  give  public  notice  thereof, 
by  causing  an  attested  copy  of  his  petition  with  this  order 
thereon,  to  be  published  in  the  Independent  Chronicle, 
printed  in  Boston,  and  the  Eastern  Herald,  printed  in 
Portland,  three  weeks  succes^sively,  the  last  publication  to 
be  twenty  days  before  the  third  Wednesday  of  the  next 
sitting  of  the  General  Court,  in  order  that  any  person 
concerned  may  then  shew  cause,  if  any  cause  he  may 
have,  why  the  prayer  of  the  said  petition  shall  not  be 
granted.  November  16,  1792. 

Chapter  33. 

RESOLVE  DIRECTING  THE  ATTORNEY-GENERAL  AND  JOHN  DEM- 
MING  TO  LIQUIDATE  AND  SETTLE  THE  OUTSTANDING  DEBTS 
OF  THIS   COMMONWEALTH. 

Whereas  by  representation  made  heretofore  by  the 
Committee  for  methodizing  public  Accounts  divers  bal- 
lances  appear  to  be  due  to  this  Commonwealth,  some  of 
which  may  not  be  justly  due,  or  satisfied  in  part,  &  it  is  nec- 
essary that  measures  be  taken  to  adjust  &  settle  the  same  : 

Resolved  that  the  Attorney  General  Treasurer  of  this 
Commonwealth  &  John  Demming  be  &  they  hereby  are 
fully  authorized  &  empowered  to  enquire  into  the  prem- 
isses, &  they  or  any  two  of  them  are  hereby  authorized  to 
make  reasonable  Allowances  to  any  persons  from  whom 
any  such  ballances  appear  to  be  due  for  necessary  Expen- 

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


212  Eesolves,  1792.  —  I^ovember  Session. 

ditures  &  Charges  in  transacting  the  public  business  com- 
mitted to  their  care,  &  to  liquidate  &  settle  the  accounts 
existing  between  such  persons  &  the  Commonwealth,  & 
to  make  execute  &  deliver  to  them  sufficient  discharges  in 
behalf  of  the  Commonwealth  on  their  paying  to  the  Treas- 
urer the  ballances  by  them  respectively  due  if  any,  & 
that  they  compleat  the  same  business  as  soon  as  may  be, 
&  lay  a  particular  statement  of  their  doings  by  virtue 
hereof  before  the  General  Court. 

And  be  itfurtlter  Resolved,  that  the  Attorney  General 
be  &  hereby  is  directed  to  take  all  suitable  measures  by 
Law  processes  or  otherwise  to  compel  payment  of  all 
such  ballances  as  on  enquiry  may  appear  to  be  due  to 
the  Commonwealth,  to  the  end  that  the  same  business 
may  be  finished  as  soon  as  may  be.     November  16,  1792. 

Chapter  24. 

RESOLVE   ON  THE    PETITION   OF   CAPT.   JOSEPH   LAUGHTON. 

On  the  petition  of  Joseph  Laughton  praying  to  be  re- 
instated in  the  command  of  the  independent  Company  of 
Fusi leers  at  Boston. 

Altho'  this  Court  are  sensible  of  the  absolute  necessity 
of  a  strict  obedience  to  military  order ;  &  are  convinced 
of  the  propriety  of  the  proceedings  of  the  Court  Martial 
held  at  Milton  on  the  14  of  August  last  for  the  trial  of  sd. 
Laughton  for  disobedience  of  orders  on  the  4th  of  July  last. 
Yet  as  the  sd.  Laughton  has  applied  to  this  Court  to  be 
restored,  &  the  Members  of  the  Court  Martial  have  rec-- 
ommended  his  restoration,  &  in  consideration  of  the  sd. 
Laughton's  having  been  an  attentive  &  uselul  officer  — 
therefore 

Resolved,  that  the  sentence  of  the  Court  Martial,  held 
at  Milton  on  the  fourteenth  day  of  August  last,  against 
Joseph  Laughton  Captain  of  the  Independent  Company 
of  Fusileers  in  Boston,  be  and  hereby  is  reversed. 

November  17,  1792.* 

Chapter  24a. t 

ORDER  ON   THE  PETITION   OF   BENNETT  "SVOOD. 

On  the  petition  of  Bennett  Wood. 

Ordered  that  the  petitioner  notify  the  inhabitants  of 
the  town  of  Littleton,  by  leaving  an  attested  copy  of  said 

*  Approved  November  17,  1792. 

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


Resolves,  1792.  —  November  Session.  213 

petition  with  this  order  thereon,  with  the  town  Clerk  of 
said  town  of  Littleton,  tiiirty  days  at  least  before  the 
second  Wednesday  of  the  next  Session  of  the  General 
Court,  that  they  may  then  appear  &  shew  cause  if  any 
they  have,  why  the  prayer  of  said  petition  should  not  be 
granted.  November  16^  1792. 

Chapter  35. 

RESOLVE  ALLOWING  THE  COUNTY  TREASURER'S  ACCOUNTS  FOR 
THE  COUNTY  OF  BERKSHIRE,  AND  GRANTING  A  TAX. 

Whereas  the  Treasurer  of  the  County  of  Berkshier  has 
laid  his  Accounts  l)efour  the  General  Court  in  Manner  by 
Law  prescribed  wdiich  Accounts  are  hereby  allow  [ecZ]  — 
And  whereas  the  Clerk  of  the  Court  of  General  Sessions  of 
the  peace  for  the  said  County  of  Berkshier  has  laid  before 
the  General  Court  an  Estimate  made  ])y  the  said  Court  of 
General  Sessions  of  the  peace  of  the  necessary  Charges 
which  will  be  Likely  to  arise  in  said  County  the  current 
year  Amounting  to  the  sum  of  Eight  hundred  pounds : 

Resolved  that  the  Sum  of  eight  hundred  pounds  be  and 
is  hereby  Granted  as  a  Tax  for  said  County  of  Berkshier 
to  be  apportioned  assessed  Collected  and  applied  in  man- 
ner provided  by  Law.  November  17,  1792. 

Chapter  26. 

GRANT  TO  ISAAC  PEIRCE,  OF  EIGHTEEN  POUNDS,  TO  PURCHASE 
NECESSARIES  FOR  THE  COUNCIL  CHAMBER  AND  SECRE- 
TARY'S  OFFICE. 

Resolved  that  there  be  paid  out  of  the  Treasury  of  this 
CommouAvealth,  the  sum  of  Eighteen  pounds  to  Isaac 
Peirce,  Messenger  to  the  Governor  &  Council,  to  enable 
him  to  purchase  Fuel,  Candles  &  other  necessaries  for  the 
Council  Chanil)er  &  Secretary's  Office  —  he  to  be  account- 
able for  the  expenditure  of  the  same  &  that  His  Excellency 
the  Governor  be  requested  with  the  advice  of  Council  to 
issue  his  warrant  upon  the  Treasurer  for  the  same. 

November  17,  1792. 

Chapter  27. 

GRANTS  TO  THE  CHAPLAIN  AND  CLERKS  OF   THE   SENATE  AND 
HOUSE    OF   REPRESENTATIVES. 

Resolved  that  there  be  allowed  &  paid  out  of  the  public 
Treasury  to  the  Revd.   Ezra  Ripley  for  his  services  as 


214  Resolves,  1792.  —  November  Session. 

chaplain  to  the  two  Houses  the  present  session  the  sum 
of  live  pounds  —  to  Samuel  Cooper  Esq.  Clerk  of  the 
senate  sixteen  pounds  &  to  Henry  Warren  Esq.  Clerk  of 
the  House  of  Representatives  sixteen  pounds  on  account 
of  their  services  the  present  year  as  Clerks  aforesd.  they 
to  be  accountable  for  the  same  respectively. 

November  17,  1 792. 

Chapter  28. 

GRANT  OF   FOUR   POUNDS,  TO  DANIEL  COWEN. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Public 
Treasury  of  this  Commonwealth  to  Daniel  Cowen  the  sum 
of  Four  pounds  in  full  for  his  services  as  Messenger  to  the 
Senate  the  present  Session  of  the  Genl.  Court. 

November  17,  1792. 

Chapter  39. 

GRANT  TO  JOSEPH   SEWELL  EMERSON. 

Resolved,  That  there  be  allow'd,  &  paid  out  of  the 
Treasury  of  this  Commonwealth  the  sum  of  tifteen  pounds 
to  Joseph  Sewall  Emerson,  for  the  improvement  of  his 
Rooms  for  the  accommodation  of  the  Senate,  &  the  Com- 
mittees of  the  General  Court,  also  for  fuel  &  Candles 
furnish'd  the  Senate,  &  said  Committees  during  the  pres- 
ent session,  —  which  sum  is  in  full  of  all  demands  for  the 
above  purposes.  November  17,  1792. 

Chapter  30. 

RESOLVE  AUTHORIZING  SAMUEL  BAKER,  JOHN  FESSENDEN 
AND  JOSIAH  STEARNS,  ESQUIRES,  TO  ASCERTAIN  THE  SHORT- 
EST AND  MOST  CONVENIENT  PLACE  FOR  A  PUBLIC  ROAD 
FROM  BOSTON  TO  WORCESTER,  AND  MAKE  REPORT. 

Whereas  Samuel  Baker,  John  Fessenden  &  Josiah 
Stearns  Esqrs.  were  appointed  a  Committee  by  a  Resolve 
of  the  Genl  Court  ])assed  the  8th  of  June  171)2  to  ascer- 
tain by  survey  or  otherwise  the  shortest  &  most  conven- 
ient place  for  a  public  road  from  the  Town  of  Boston  to 
the  Town  of  Worcester,  &  also  to  consider  the  expediency 
of  altering  the  present  established  post  road  between  said 
Towns  &  to  make  report  of  their  doings  to  the  Genl. 
Court  at  their  next  session  —  And  whereas  said  Commit- 


Resolves,  1792.  —  Novembek  Session.  215 

tee  have  been  necessarily  prevented  from  performing  said 
Service  within  the  time  limited  by  reason  of  the  small 
pox  being  on  the  Road : 

Resolved  that  the  aforesaid  Saml.  Baker,  John  Fessen- 
den,  &  Josiah  Stearns  Esqrs.  be  &  they  hereby  are 
authorized  &  empowered  to  ascertain  by  survey  or  other- 
wise the  shortest  &  most  convenient  place  for  a  public 
road  from  the  Town  of  Boston  to  the  Town  of  Worcester 
and  also  to  consider  the  expediency  of  altering  the  pres- 
ent established  post  road  between  said  Towns  &  to  make 
report  to  the  General  Court  of  their  doings  as  soon  as 
they  can  with  Conveniency.  November  17 ^  1792. 

Chapter  31. 

RESOLVE  GRANTING  EXTRA  PAY  TO  COMMITTEE  ON  ACCOUNTS. 

Resolved  that  there  be  allowed  and  paid  out  of  the 
publick  Treasury  of  this  Common-wealth  in  the  same 
manner  the  members  of  the  general  Court  are  paid  for 
their  travil  and  attendance  the  present  session  to  the 
Committee  appointed  to  Examine  and  pass  on  accounts 
for  their  service  on  the  said  Committee  the  following  sums 
in  addition  to  their  pay  as  Members  of  the  legislature 
viz  —  to  the  Honorable  Joseph  Hosmer  Esqr.  for  nine 
days  attendance  the  sum  of  thirteen  shillings  &  six  pence. 

To  the  Hon.  Stephen  Metcalf  Esqr.  for  nine  days  at- 
tendance the  sum  of  thirteen  shillings  &  six  pence. 

To  Benjamin  Read  Esqr.  for  nine  days  attendance  the 
sum  of  thirteen  shillings  &  six  pence. 

To  Josiah  Stearns  Esqr.  for  five  days  atten[cZ]ance  the 
sum  of  seven  shillings  &  six  pence. 

and  to  Enoch  Titcomb  Junr.  Es(p\  for  six  days  attend- 
ance the  sum  of  nine  shillings  —  which  sums  shall  be  in 
full  for  their  service  aforesaid.  November  17^  1792. 

Chapter  31a.* 

ORDER  ON  THE  PETITION  OF  JOHN  WESSON  AND  OTHERS. 

On  the  petition  of  John  Wesson,  William  Parker  & 
Zadock  Richardson  praying  that  certain  lands  in  said 
petition  mentioned  lying  in  the  first  parish  in  Reading 
may  be  annexed  to  the  w^est,  or  third  parish  in  said 
Reading. 

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


216  Eesolves,  1792.  —  November  Session. 

Ordered  that  the  })etitioners  notify  the  inhabitants  of 
the  said  lirst  parish  in  Eeading-,  l)y  leaving  an  attested 
cop3"  of  the  said  petition  and  of  this  order  thereon  with 
the  Clerk  of  the  same  Parish  forty  days  before  the  second 
Wednesday  of  the  next  sitting  of  the  General  Court,  to 
appear  on  the  said  second  Wednesday  &  shew  cause  if 
any  they  have,  why  the  prayer  of  said  petition  should 
not  be  granted.  November  17 ^  1792. 

Chapter  33. 

GRANT  OF  THIRTY  POUNDS  TO  THE  SECRETARY,  TO  DEFRAY 
THE  EXPENSE  OF  THE  ROOM  OF  THE  COUNCIL,  AND  OTHER 
EXPENSES  AT  CONCORD. 

Resolved  that  his  Excellency  the  Governor  with  the 
advice  &  consent  of  Council  be  requested  to  issue  his 
warrant  on  the  Treasurer  of  the  Conuuonwealth  in  favor 
of  the  Secretary  for  the  Sum  of  Thirty  Pounds,  in  order 
to  defrey  the  expences  of  the  room  for  the  Council  &  the 
offices  of  the  Secry.  &  the  Treasurer  —  the  Secretary  to 
be  accountable  for  the  same.  November  17^  1792. 

Chapter  33. 

RESOLVE    ON   THE    PETITION  OF   DAVID   BROWN    AND    LOAMMI 

BALDWIN. 

Upon  the  Petition  of  David  Brown  &  Loammi  Baldwin 
a  Committee  of  the  Propriators  of  Flintstown  (so  calld) 
Lying  on  the  East  side  of  Saco  River  in  the  County  of 
Cumberland  —  Praying  that  some  remedy  may  be  Pro- 
vided for  an  omission  in  their  Records  of  a  Certain  Vote 
for  quieting  the  Settlers,  of  the  Lots  Ko.  1.  &  No.  2. 
called  Poncl  Lots  ;  and  the  following  Lots  vist.  No.  1. 
No.  4.  No.  5.  No.  8.  &  No.  16,  in  the  second  Range 
West.  Lots  No.  7.  No.  8.  No.  14.  &  No.  15.  in  the  third 
Rano-e  West.  Lot  No.  2.  in  the  fifth  Ransfe  and  Lot 
No.  1.  in  the  sixth  Range  West,  which  Passd  in  the  year 
1780  and  was  not  recorded. 

Resolved  that  the  Persons  who  have  taken  up  Land  in 
said  Township  &  been  Cons[i]dired  by  the  Propriatary 
as  Settlers  &  have  made  improvements  &  done  the  duty 
required  by  the  propriators,  be  &  they  hereby  are  quieted 
&  Confirmed  in  the  Possession  of  the  Lots  of  Land  de- 
signed for  their  Use  by  the  Propriators  notwithstanding 
the  omision  in  the  Records  aforesaid. 


Resolves,  1792.  —  November  Session.  217 

And  all  such  Persons  or  Proprietors  as  have  in  the 
division  in  said  Township  drawn  or  become  Propriators  of 
such  settlers  lots  shall  be  Compensated  by  an  equivolent 
in  other  Lands  in  said  Township  and  in  case  of  disagree- 
ment the  equivolent  shall  be  determined  by  three  discreet 
disinterested  Persons  one  to  be  Chosen  by  the  Parties 
mutually  if  they  can  aofree  and  one  by  each  of  the  parties 
Seperately  &  if  it  shall  so  happen  that  the  Parties  cannot 
agree  upon  the  first  person  as  is  here  preposed,  Then  & 
in  that  case  the  third  person  may  be  appointed  by  the  two 
persons  chosen  by  the  Seperate  Parties  and  the  Referees 
thus  appointed  upon  due  notice  given  to  all  concerned 
shall  proceed  to  Consider  Judge  &  determine  upon  an 
equivolent  in  other  Lands  as  aforesaid  &  make  Report 
thereof  to  said  Propriatory  which  report  shall  be  Recorded 
in  the  Propriators  Book  and  shall  ever  after  be  taken  and 
Considered  to  be  a  good  &  Sutficient  title  for  said  Lands. 
And  whereas  Lots  No.  7  &  8  in  the  4th  Range  West  were 
Drawn  in  said  Drauo^ht  for  the  first  minister  that  should 
be  Settled  in  said  Town  notwithstanding  they  were  then 
necessary  &  have  since  been  appropriated  to  the  Use  of  a 
Saw  mill  which  is  to  be  kept  in  Repair  for  the  Use  of  the 
Inhabitants  for  the  term  of  Ten  years  :  Therefore 

jResolved  that  such  other  Lands  be  laid  out  in  said 
Flintstown,  &  appropriated  to  the  use  of  the  first  Minister 
in  lieu  of  said  Lots  No.  7  &  No.  8,  in  the  fourth  Range 
West,  as  in  the  opinion  of  a  Committee,  to  be  appointed 
by  the  Court  of  Common  Pleas  for  the  County  of  Cum- 
berland, shall  be  an  equivalent.  November  17,  1792. 


Chapter  34. 

ROLL  NO.  25. 

The  Committee  on  Accounts,  having  examined  the 
Accounts  they  now  present  —  lieport  that  there  is  due 
to  the  Towns  and  Persons  hereafter  mentioned,  the  sums 
set  against  their  names  respectively,  which  if  allowed  and 
paid,  will  be  in  full  discharge  of  said  Accounts  to  the 
dates  therein  mentioned. 

JOSEPH   HOSMER  per.  Order. 


218  Resolves,  1792.  —  IS'ovember  Session. 


Expences  for  mainlaining  the  poor  of  the  Common-wealth. 

To  the  Town  of  Boston  for  suppovtino:  sundry  persons,  £     s.   d. 

States  Poor  from  1  .June  to  1  September  1792,   .         .         293     0     1 

To  Saniuel  Whitwell,  keeper  of  the  Almshouse  in  Bos- 
ton for  taking  care  of  the  States  Poor  from  1  June  to 
1  September  1792 26  13     8 

To  the  district  of  Boxborough  for  supporting  John 

Kennedy  &  Wife  from  2  June  to  3  November  1792, .  9  18     6 

To  the  Town  of  Dracut  for  supporting  John  Hancock 

&  Wife  from  10  January  to  13  November  1792,         .  15  18     7 

To  Doctor  William  Eustis  for  Inoculating  with  the 
Small  Pox  87  persons  on  Castle  Island,  &  attendance 
—  committed  by  Order  of  Court 52     4     0 

To  the  Town  of  Easton  for  supporting  Abigail  Honey- 
brooks  from  16  Jannar}'  to  9  November  1792,   .         .  14  12     3 

To  Joseph  Hosmer  for  supporting  Daphne  an  African 
from  20  June  to  14  November  1792  by  order  of 
Court 6  10     6 

To  the  Town  of  Lanesborough  for  suppoi'ting  Samuel 

Harrison  &  Son  from  7  IVlay  1791  to  7  May  1792,       .  34     3     0 

To  the  Town  of  Monson  for  supporting  James  John- 
son from  19  April  to  17  July  1792 3  16     3 

To  the  Town  of  Reading  for  supporting  Samuel  Ban- 
croft from  25  Jany.  1790  to  25  Janr}'.  1792,  by  lie- 
solve  of  Court 33  12     0 

To  the  Town  of  Spencer  for  Supporting  Robert  Griffin 

from  11  August,  1791  to  30  Janry.  1792,     .         .         .  9  18     2 

To  the  Town  of  Sherborn  Nantucket  for  supporting 
Adam  Ryley  16  Weeks  to  13  June  1792,  with  a 
broken  bone, .  10     0     0 

To  the  Town  of  Taunton  for  supporting  Alexander 

Smith  from  2  February  1791  to  1  November  1792,     .  15     3     9 


£.525  10     9 


Expellees  of  the  Militia  —  vizt. 

for  a  Detatchment  of  the  Militia  doing  duty  on  Castle 
Island  from  the  9th  to  the  30  September  1792,  while 
the  Garrison  were  under  Inoculation  with  the  Small 
Pox,  as  may  appear  by  a  Roll  exhibited  by  Lieut. 
Jonathan  Jones  —  and  to  be  paid  to  each  Man  re- 
spectively borne  on  said  Roll,  committed  by  Order  £  s.  d. 
of  Court, 60  10     0 

To  Seth  Bannister  Deputy  Adjutant  General  for  his  Ser- 
vices from  1  January  to  1  November  1792  —  in  the 
7th  Division, 18     8     0 

To  Simon  Earned  Dep.  Adj.  General  for  his  Services 
from  1  November  1791  to  1  November  1792  —  in  the 
9  Division,    ......... 

To  Sampson  Woods,  Brigade  INIajor  for  his  Services 
from  April  to  6  November  1792  —  in  the  3  Division, . 

To  William  Sever  Brigade  Major  for  his  Services  from 
March  to  8  November  1792  —  in  the  5  Division, 


18    0 

0 

6  18 

0 

18    0 

0 

£.121  16 

0 

Resolves,  1792.  —  Kovember  Session^.  219 


Sheriffs  Accounts,  vizi. 

To  Simon  Lamed  Sheriif  of  the  County  of  Berkshire 

for  returnins:  Votes  for  Electors  of  President  &  Vice  £  s.   d. 

P[r]esident"of  the  United  States  November  17'J2,      .  4     8     0 

To  Benjamin  Smith  Sheriff  of  the  County  of  Dukes 
County  for  returning  Votes  for  Electoi's  of  President 
&  Vice  President  November  1792,      ....  378 

To  the  same  Sheriff  of  Dukes  County  for  returning 
Votes  for  Fedei'al  Representative  in  April  1792,        .  1  14    4 


£. 

9 

10 

0 

-  vizi 

f 

£ 

s. 

d. 

6 

16 

4 

Miscellaneous  Exigences  for  the  Common-wealth  —  vizi. 

To  Thomas  Downe  for  repairing  Chaii's  for  the  Senate 
Chamber  by  order  of  Court  in  June  1792, . 

To  James  Foster  for  his  service  in  the  Treasury  Office 
from  the  1  May  to  10  December  1787,  in  prepaiing 
Treasurer  Ivers  books  for  examination,  192  Days,  (a) 
6s.  committed  by  Resolve  of  Court,     .         .         .         .  57  12     0 

To  Joseph  Laughton  first  Clerk  in  the  Treasury  Office 
for  his  services  from  26  June  to  13  November,  120 
Days  @  10.5 60     0     0 

To  Isaac  Peirce  for  supplies  for  the  Council  Chamber 

&  Secratary's  Office  from  25  ^L^y  to  5  Novr.  1792,     .  5  18     3 

To  Elias  Ware  for  2  doz.  Chairs  delivered  by  order  of 
Honble.  Thomas  Dawes  Esqr.  for  the  use  of  the  I^ob- 
bies  in  the  State  House  in  Boston  November  1792,    .  6     0    0 


totals  brought  forward, 

Expences  of  supporting  the  Poor  of  the  Common- 
wealth         . 

Expences  of  the  Militia, 

Sheriffs  Accounts, 


£.136    6 

7 

£    s. 

b2o  10 

121  16 

9  10 

d. 
9 
0 
0 

£793     3 

4 

whole  Amount  of  this  Boll 


Read  &  accepted,  &  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  Towns,  Plantations  &  Individuals, 
borne  on  this  Roll,  the  sum  set  against  such  Town,  Plan- 
tation, or  Individual  respectively,  amounting  in  the  whole 
to  Seven  hundred  and  Ninety  three  pounds  three  shillings 
&  four  pence.  November  17,  1792. 


RESOLVES 


GENERAL   COURT    OF    THE    COMMONWEALTH 
OF  MASSACHUSETTS: 

TOGETHER    WITH    THE    SPEECHES,   &c.   OF    HIS   EXCEL- 
LENCY THE   GOVERNOR   TO    THE   SAID   COURT: 

BEGUN  AND  HELD  AT  BOSTON,  IN  THE  COUNTY  OF  SUF- 
FOLK, ON  WEDNESDAY,  THE  THIRTIETH  DAY  OF  MAY, 
ANNO  DOMINI,  1792;  AND  FROM  THENCE  CONTINUED 
BY  ADJOURNMENT  TO  WEDNESDAY,  THE  THIRTIETH 
DAY   OF   JANUARY,   FOLLOWING. 


1792.  —  January  Session. 
Chapter  1. 

RESOLVE  GRANTING  £.18  IN  FAVOUR  OF  JACOB  KUHN,  MES- 
SENGER OF  THE  GENERAL  COURT,  TO  PURCHASE  FUEL,  &C. 

Resolved  that  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  Jacob  Kuhn  Messen- 
ofer  of  the  Genl.  Court  the  sum  of  Eighteen  Pounds  to 
enable  him  to  purchase  fuel  &c.  for  the  use  of  sd.  Court, 
he  to  be  accountable  for  the  expenditure  of  the  same. 

January  31 ,  1 793. 

Chapter  1a.* 

ORDER  ON  THE   PETITION   OF  MOSES   WHITING  AND   OTHERS. 

On  the  petition  of  Moses  Whiting  &  others  praying  to 
be  incorporated  for  the  purpose  of  building  a  Bridge 
across  Merrimack  river  at  a  place  called  Deerjump  falls. 

Ordered  that  the  petitioners  publish  an  attested  copy 
of  the  petition  aforesaid  with  this  order  thereon  in  the 

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


222  Resolves,  1792.  —  January  Session. 

Independent  Chronicle  two  weeks  successively  the  last 
publication  to  be  at  least  six  days  before  the  twentieth 
day  of  Fel^ruary  instant  that  any  person  may  appear  on 
the  said  day  and  shew  cause  if  any  they  have  why  the 
prayer  of  the  said  petition  should  not  be  granted. 

February  1,  1793. 

Chapter  2. 

RESOLVE  ON  THE  PETITION  OF  HANNAH  TITCOMB,  CALEB  TIT- 
COMB,  AND  OTHERS,  AUTHORIZING  THEM  TO  SELL  AND  CON- 
VEY A  CERTAIN  MESSUAGE. 

Upon  the  petition  of  Hannah  Titcomb,  Caleb  Titcomb, 
Simeon  Titcomb  and  Others  praying  that  the  said  Caleb 
and  Simeon  may  be  authorised  to  sell  and  convey  a  cer- 
tain Messuage  and  lot  of  Land  in  the  said  petition  men- 
tioned. 

ItesoJved,  That  for  the  reasons  set  forth  in  the  said  peti- 
tion, the  said  Caleb  Titcomb  and  Simeon  Titcomb  he  and 
they  are  hereby  authoiised  and  impowered  to  sell  and 
convey  in  fee-simple  to  such  person  or  persons  as  will  give 
most  for  the  same  at  Public  Auction,  the  said  Messuage  and 
lot  of  land,  l)eing  situate  in  Newbury  Port  in  the  County 
of  Essex  and  bounded  South-easterly  on  prison-lane  South- 
westerly on  pleasant-street,  North-westerly  on  Samuel 
Bayley's  land  and  North-easterly  partly  on  land  of  Wil- 
liam Greenough  and  partly  on  land  late  belonging  to 
Nathaniel  Dole  now  deceased,  and  to  execute  and  ac- 
knowledge a  good  and  sufBcient  deed  thereof  to  such 
purchaser.  Provided  the  said  Caleb  and  Simeon  first 
advertize  the  time  and  place  of  the  said  Sale,  in  the  Essex 
Journal  jn-inted  at  Newbury  Port,  three  weeks  at  the  least 
before  the  time  of  such  sale.  And  provided,  fiir/Zter, 
That  tliey  first  give  bond  to  the  Judge  of  Probate  for  the 
said  County  of  Essex  and  his  successors  in  that  office  in 
a  reasonal)le  penalty  and  with  sufficient  sureties  to  be 
approved  hy  him,  conditioned,  after  deducting  such  sum 
as  may  now  be  due  to  them  for  the  necessary  rei)airs  of 
the  said  jMessunge,  to  pay  the  intrcst  of  the  remainder  of 
the  nett  proceeds  of  the  said  Plstate  to  Josiah  Titcomb  their 
father,  annually  during  his  life  ;  and  upon  his  death  to 
pay  the  princi})al  to  such  person  and  persons  as  would 
then  be  entitled  to  such  house  and  lot  of  land,  if  the  same 
had  to  that  time  remained  unsold.        February  4,  1793  * 

*  Approved  February  5,  1793. 


Resolves,  1792.  —  January  Session.  223 


Chapter  S, 

RESOLVE  ON  THE  PETITION  OF  WILLIAM  KENT  AND  JUDAH 
THOMAS,  ASSESSORS  OF  MARSHFIELD,  FIRST  PRECINCT, 
EMPOWERING  THEM  TO  ISSUE  WARRANTS  TO  SEVERAL 
COLLECTORS  OF  SAID  PRECINCT,  TO  ENABLE  THEM  TO 
COMPLEAT  THEIR  COLLECTION. 

On  the  Petition  of  William  Kent  &  Judah  Thomas 
Assessors  of  the  firtst  Precinct  in  the  Town  of  Marshtield 
Seting  forth  that  the  assessors  of  Said  Precinct  have  for 
Several  years  Past  neglected  to  grant  warrants  to  their 
Collectors  to  Enal)le  them  to  Collect  their  taxes. 

Resolved  that  the  assessors  for  the  time  being  are  hereby 
Impowered  &  Directed  to  Issue  warrants  in  due  form  of 
Law  to  the  Several  Collectors  of  Said  Precinct  to  enable 
them  to  Compleat  their  Collections  in  the  Same  manner 
as  they  might  have  Done  had  they  the  Said  Assessors  Com- 
mitted warrants  in  Due  form  of  Law  to  Said  Collectors  at 
the  time  when  they  Committed  their  Bills  or  lists. 

February  4,  1793* 

Chapter  Sa.I 

ORDER  ON  THE  PETITION  OF  EBENEZER    POOR  AND   OTHERS. 

On  the  petition  of  Ebenr.  Poor  and  others,  to  be  in- 
corporated for  the  purpose  of  building  a  bridge  over  mer- 
rimack  river,  at  a  place  called  Bodwell's  falls. 

Ordered  that  the  said  petitioners  publish  an  attested 
copy  of  the  petition  aforesaid  and  of  this  order  in  the  In- 
dependent Chronicle  two  weeks  successively,  the  last  pub- 
lication to  be  at  least  six  days  before  the  twentieth  day  of 
February  instant,  that  any  person  or  corporation  may  ap- 
pear at  that  day,  and  shew  cause  if  any  they  have,  why 
the  prayer  of  the  said  petition  should  not  be  granted. 

February  4^  1 793. 

Chapter  4. 

RESOLVE   ON  THE   PETITION  OF  THE  TOWN  OF  DANVERS. 

On  the  Petition  of  the  Selectmen  of  Danvers.  Resolved 
That  the  prayer  of  sd.  Petition  be  so  far  granted  as  that  it 


*  Approved  February  5,  1793. 

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


224:  Resolves,  1792.  —  January  Session. 

be  committed  to  the  Committee  on  Accounts  for  Exami- 
nation &  allowance  —  anj*  Law  to  the  Contrary  notwith- 
standing. February  5^  1793. 

Chapter  5. 

RESOLVE   ON  THE  PETITION   OF  ROBERT  MORRIS,  ESQ.  BY  HIS 
AGENT  RICHARD  SODERSTROM,  ESQ.  RESPECTING  TWO  BONDS. 

Resolved  that  the  Treasurer  of  the  Commonwealtli  de- 
liver up  &  discharge  two  Bonds  in  his  possession  signed 
b}^  Eobert  Morris  and  Samuel  Ogden,  both  dated  May  11, 
1791.  One  for  the  sum  of  fifteen  thousand  pounds  pay- 
able May  11,  1796,  with  Interest  from  the  11th  Day  of 
November  1791.  The  other  for  ten  thousand  pounds 
payable  May  11,  1797  with  Interest  from  the  said  11th 
day  of  November,  1791.  Provided  that  the  said  Robert 
Morris  or  his  agent  or  Attorney  shall  deliver  to  the  said 
Treasurer  two  other  bonds  dated  Decemr.  29,  1792,  duly 
executed  by  the  said  Robert  INIorris  one  conditioned  to 
pay  to  the  said  Treasurer  or  his  Successor  in  Oifice  for  the 
use  of  the  Commonwealth  fifteen  thousand  pounds  on  or 
before  the  11th  day  of  May  1796,  with  Interest  from  the 
date  of  said  Bond  ;  the  other  Bond  conditioned  for  the 
payment  of  ten  thousand  pounds  to  the  said  Treasurer  or 
his  Successor  in  Office  for  the  use  aforesd.  on  or  before  the 
11th  day  of  May  1797  with  Interest  from  the  said  29th 
day  of  December  1792,  and  shall  also  pay  to  the  said 
Treasurer  the  Interest  due  to  the  said  29th  Day  of  Decem- 
ber on  the  bonds  so  to  be  delivered  up,  and  shall  also  trans- 
fer to  the  Commonwealth  One  hundred  and  forty  thousand 
Dollars  of  the  funded  debt  of  the  United  Stales  bearing 
Interest  of  six  per  Cent,  annually  from  the  first  Day  of 
January  1801  as  Collateral  Security  for  the  payment  of 
the  said  two  bonds  dated  Decern.  29  1792.  The  said 
funded  debt  or  a  sufficient  sum  thereof  to  be  sold  for  the 
payment  of  each  of  the  said  two  bonds  at  the  period  it 
shall  become  due,  provided  the  same  shall  not  have  been 
previously  discharged.  And  the  Treasurer  of  the  Com- 
monwealth for  the  time  being  shall  be  and  hereby  is  em- 
powered &  directed  whenever  the  said  two  Bonds  to  be 
given  as  aforesd.  shall  be  discharged  to  transfer  to  the 
said  Robert  Morris  his  Executors,  Administrators  or  As- 
signs, the  aforesd.  sum  of  One  hundred  &  forty  thousand 
Dollars  of  the  funded  debt  aforesaid,  or  such  part  thereof 


Resolves,  1792.  —  January  Session.  225 

as  shall  remain  if  the  sd.  Bonds  are  paid  by  the  produce 
of  the  Sale  of  any  part  of  said  funded  Debt. 

February  5^1793* 

Chapter  5a. t 

ORDER  ON  THE  PETITION  OF  JAMES  BAYLEY  AND  OTHERS. 

On  the  petition  of  James  Bayley  and  others  praying 
to  be  incorporated  for  the  purpose  of  building  a  Bridge 
across  Merrimack  River  at  Amesl)ury  ferry  so  called. 

Ordered  that  the  petitioners  publish  an  attested  copy 
of  the  petition  aforesaid  and  this  order  thereon  in  the 
Independent  Chronicle  two  weeks  successively,  as  also  in 
the  Essex  Journal  one  week,  the  last  publication  to  be 
at  least  six  days  before  the  twentieth  day  of  February 
instant,  that  any  person  or  corporation  may  appear  on 
the  said  day  and  shcAV  cause,  if  any  they  have  why  the 
prayer  of  the  said  petition  should  not  be  granted. 

February  5,  1793. 

Chapter  6. 

RESOLVE  ON  THE  PETITION  OF  JOHN  LAITON,  DIRECTING  THE 
TREASURER  TO  DELIVER  HIM  TWO  NOTES,  IN  LIEU  OF  TWO 
DELIVERED  AND  SAID  TO  BE  LOST,  PROVIDED  HE  GIVE 
BONDS,  &c. 

On  the  petition  of  John  Laiton  praying  that  the  Treas- 
urer of  this  Commonwealth  be  directed  to  issue  to  the 
said  John  two  state  Notes  of  equal  value  with  two  con- 
solidated notes  by  the  said  John  lost  —  viz,  the  one  for 
seventeen  pounds  dated  Novr.  1st  A.  D.  1783  payable  to 
one  James  Prince,  the  other  for  fourteen  pounds  fourteen 
shillings  and  ten  pence  dated  the  first  day  of  January 
A.  D.  1782  payable  to  said  John  Laiton. 

Resolved  that  the  prayer  of  said  Petition  be  granted, 
and  that  the  Treasurer  of  this  Commonwealth  be,  and  he 
hereby  is  directed  to  make  out  &  deliver  to  the  said  John 
Laiton  two  Notes  of  the  same  tenor  and  dates  with  the 
aforesaid  Notes  Carrying  Intrest  from  &  after  the  first 
day  of  May  1787.  Provided  that  the  said  John  Laiton 
give  Bond  with  sufficient  sureties  to  refund  the  same  to 
the  Commonwealth,  when  ever  the  aforesaid  Notes,  which 
in  said  Petition  are  alledged  to  be  lost,  shall  be  presented  to 
the  Treasurer  of  this  Commonwealth.      February  3,  1793. 

*  Approved  February  6,  1793. 

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


226  Resolves,  1792.  —  January  Session. 


Chapter  6a.* 

ORDER  ON  THE  PETITION  OF  SAMUEL  WHITE  AND  OTHERS. 

On  the  petition  of  Samuel  White  and  others  praying 
to  be  incorporated  for  the  purpose  of  building  a  Bridge 
across  Merrimack  river  between  the  towns  of  Haverhill 
and  Bradford. 

Ordered  that  the  petitioners  publish  an  attested  copy 
of  the  petition  aforesaid  and  this  order  thereon  in  the 
Independent  Chronicle  two  weeks  successively  as  also  in 
the  Essex  Journal  one  week,  the  last  publication  to  be 
at  least  six  days  before  the  twentieth  day  of  February 
instant  that  any  person  or  Corporation,  may  appear  on 
the  said  day,  and  shew  cause  if  any  they  have  why  the 
prayer  of  the  said  petition  should  not  be  granted. 

February  5,  1793. 

Chapter  7. 

RESOLVE    ALLOWING    THE    COUNTY    TREASURER'S    ACCOUNTS 
FOR  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  ye  Court  of  General  Ses- 
sions of  ye  peace,  for  ye  sd.  County  of  Worcester,  has 
laid  before  ye  General  Court,  an  estimate,  made  by  ye 
Court  of  General  Sessions  of  ye  Peace,  of  the  Necessary 
charges  which  are  likely  to  arise  in  sd.  County,  the  cur- 
rent year,  amounting  to  the  Sum  of  Ten  Hundred  and 
Fifty  Bounds : 

Jiesolved,  That  the  Sum  of  Ten  Hundred  &  Fifty  Pounds, 
be,  and  is  hereby  granted  as  a  Tax  for  said  County  of 
Worcester,  to  be  apportioned,  assessed,  collected  and  ap- 
plied in  manner  provided  by  Law.       February  6,  1793. -f 

Chapter  8. 

RESOLVE   GRANTING  A   TAX   TO   THE    COUNTY   OF  PLYMOUTH. 

Whereas  the  Treasurer  of  ye  County  of  Plymouth,  has 
laid  his  accounts  before  the  General  Court,  in  manner  by 
Law  prescribed,  which  accounts  are  hereby  allowed  : 

*  Not  printed  in  previous  editions.    Taken  from  court  record, 
t  Approved  February  6,  1793. 


Resolves,  1792.  —  January  Session.  227 

And  whereas  the  Clerk  of  the  Court  of  General  Ses- 
sions of  the  Peace  for  ye  sd.  County,  has  laid  before  ye 
General  Court,  an  estimate  made  hy  the  said  Court  of 
General  Sessions  of  the  peace,  of  the  necessary  charges, 
likely  to  arise  within  the  said  County,  the  current  year, 
amountino-  to  the  Sum  of  four  hundred  and  Sixty  pounds  : 

liesolved.  That  the  said  Sum  of  four  hundred  and  Sixty 
pounds  be,  and  is  hereby  Granted,  as  a  Tax  for  said 
County  of  Plymouth,  to  be  apportioned,  assessed,  col- 
lected and  applied  in  manner  agreeable  to  Law. 

February  6,  1793. 

Chapter  9. 

RESOLVE   ON  THE   PETITION  OF  TIMOTHY  PICKERING,  ESQ. 

Upon  the  Petition  of  Timothy  Pickering  late  Quarter 
master-general. 

Resolved  that  the  Prayer  of  said  Petition  be  granted  so 
far  as  that  the  Treasurer  of  this  Commonwealth  be  directed 
and  authorized  to  issue  his  Note  or  Notes  bearing  date  the 
first  Day  of  January  1791  for  the  Sum  of  three  Thousand 
three  Hundred  &  fourteen  Dollars  &  two  thirds  of  a  Dol- 
lar and  for  the  Interest  of  that  Sum  at  the  Rate  of  six  per 
cent,  per  Annum  from  the  28th  Day  of  December  1785, 
to  the  said  first  Day  of  January  1791,  payable  to  the  said 
Timothy  Pickering  the  Petitioner  with  Interest  from  the 
Date  thereof  according  to  the  Provisions  of  the  Law  for 
Pa3'ing  and  discharging  the  Treasurers  Warrants  and  due 
Bills,  in  full  Satisfaction  for  the  ballance  due  upon  said 
Draft  mentioned  in  said  Petition  and  the  said  due  Bill 
issued  by  the  late  Treasurer  Thomas  Ivers  Esq.  deed., 
to  Capt.  George  Williams  Agent  for  the  said  Petitioner. 

February  7,  1793* 

Chapter  10. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  THE  TOWN 
OF  BROOKFIELD,  DIRECTING  THE  TREASURER  TO  DISCHARGE 
THE  SAID  TOWN  FROM  THE  PAYMENT  OF  £.11  13  7,  WHICH 
STANDS  CHARGED  ON  THE  BOOKS  OF  THE  TREASURER,  AS 
COMMITTED  TO  THOMAS  HARDY,  TO  COLLECT. 

On  the  Petition  of  the  Selectmen  of  the  Town  of  Brook- 
field  on  behalf  of  the  said  Town  praying  that  they  may  be 
discharged  from  the  payment  of  the  sum  of  £11.  13.  7. 

•  Approved  February  7,  1793. 


228  Eesolves,  1792.  —  January  Session. 

which  stands  charged  against  them  on  the  Books  of  the 
Treasury  as  committed  to  Thomas  Hardy  to  collect. 

Whereas  it  appears  that  the  said  Thomas  Hardy  paid 
the  said  sum  to  tlie  late  Treasurer  Henry  Gardner  as  is 
certified  by  the  late  Treasurer  Thomas  Ivers  :  Therefore, 

Itesolved,  That  the  Treasurer  of  this  Commonwealth  be 
&  he  hereby  is  directed  to  discharge  the  said  Town  of 
Brookfield  from  the  paj^ment  of  the  same  sum. 

February  7,  1793. 


Chapter  11. 

RESOLVE  ON  THE  PETITION  OF  THE  TRUSTEES  OF  THE  MARBLE- 
HEAD  ACADEMY,  GRANTING  A  TOWNSHIP  OF  LAND,  BY  THE 
COMMITTEE  FOR  THE  SALE  OF  EASTERN  LANDS,  LYING  BE- 
TWEEN THE  RIVERS  KENNEBECK  AND  PENOBSCOT,  WITH  A 
PROVISO. 

On  the  Petition  of  the  Trustees  of  the  Marblehead 
Academy. 

Resolv'd  That,  there  be,  and  hereby  is,  granted  a  Town- 
ship of  Land  of  Six  Miles  Square  to  be  laid  out,  at  the 
Expence  of  the  Grantees,  by  the  Committee  for  the  Sale 
of  Eastern  lands,  from  any  of  the  Unap[j9?-oJpriated  lands 
belonging  to  this  Commonwealth  lying  between  the  rivers 
Kennebeck  and  Penobscot ;  and  said  Township  shall  be 
Vested  in  the  said  Trustees  of  the  Marblehead  Academy, 
&  their  Successors  forever ;  for  the  use  and  purpose  of 
supporting  the  said  Academy,  to  be  by  them  liolden  in 
their  Corporate  Capacity  ;  with  full  power  and  authority, 
to  Settle,  divide,  and  manage  said  Township,  or  to  Sell, 
Convey,  and  dispose  of  the  same,  in  such  way,  &  manner, 
as  shall  best  promote  the  Interest  &  welfare  of  said  Acad- 
emy. 

Provided  JVeverfJieless,  That  there  be,  and  hereby  is, 
reserv'd  One  Lot  of  Three  Hundred,  and  Twenty  Acres, 
for  the  use  of  the  Ministry ;  and  One  Lot  of  Three  Hun- 
dred and  Twenty  Acres  for  the  Support  of  Schools  &  one 
lot  of  the  same  quantity  to  the  first  settled  Minister  in 
said  Town. 

And  Provided  further,  that  the  Grantees  aforesaid,  or 
their  Assigns,  shall  cause  Twenty  Families  to  be  Settled 
within  said  Township,  on  or  before  the  first  day  of  June 
One  Thousand,  Eight  hundred.  February  5,  1793  * 

*  Approved  February  8,  1793. 


Eesolves,  1792.  —  January  Session.  229 

Chapter  12. 

RESOLVE  FOR  RETURNING  FIRE  ARMS   TO   THE   INSURGENTS. 

On  the  petition  of  Joshua  Phillips  and  Others  —  pray- 
ing that  their  lire  Arms  which  were  taken  from  them  by 
order  of  Gover[w]ment  in  1787  may  be  restored  to 
them. 

liesolved  that  where  it  may  be  made  to  appear  by  a 
Certificate  from  the  Commandino;  Officer  of  a  Regiment, 
or  Company,  or  from  the  Selectmen  of  any  Town,  or 
from  any  Justice  of  the  peace,  that  any  Inhaliitant  of  this 
Commonwealth,  has  l)een  deprived  of  his  tire  Arms  by 
order  of  Gover[7i]ment,  in  the  late  Insurrection,  and  that 
the  same  has  not  been  restored  to  him  again  —  And  that 
such  person  has  taken  the  Oath  of  Allegiance,  as  pre- 
scril)ed  by  the  Act  of  the  Legislature  of  this  Conmion- 
wealth  —  February  161787  —  The  Quarter  Master  General, 
or  the  person,  having  Charge  of  said  Arms,  are  hereby 
directed  to  deliver  the  Said  fire  Arms  to  the  person  from 
whom  they  were  taken,  or  to  his  Order  {provided  such 
person  make  Oath  that  he  has  not  either  directly  or 
indirectly  received  their  said  Arms  or  compensation  there- 
for) if  they  Apply  for  the  Same  within  six  months  after 
the  passing  this  Resolve,  and  in  Case  any  of  said  Arms 
shall  have  been  Transfered  or  Lost,  the  person  so  apply- 
ing shall  receive  another  in  leiu  thereof. 

February  7,  1793  * 

Chapter  13. 

RESOLVE    FOR  SETTLING  WITH   EDWARD   PAYNE  &   SON. 

Resolved  that  the  Treasurer  be,  and  he  hereby  is  em- 
powered and  directed  to  settle  the  Account  of  Edward 
Payne  &  Son  for  monies  they  received  on  the  Forty 
thousand  pound  Loan  (so  called)  and  by  them  paid  to  the 
Commissary  and  Quarter  master  Generals  of  this  Com- 
monwth.  allowg.  the  said  Payne  &  Son  such  Commission 
for  Receiving  &  paying  the  same  as  they  shall  agree  upon, 
and  in  case  they  cannot  agree  the  Treasurer  is  hereby 
Authorised  and  impowered  to  have  the  same  settled  by 
referees  chosen  for  that  purpose.  February  8,  1793. 

*  Approved  February  8,  1793. 


230  Resolves,  1792.  —  January  Session. 

Chapter  13a.* 

ORDER  ON  THE  PETITION  OF  ZEBULON  LEONARD  AND  OTHERS. 

On  the  petition  of  Zebulon  Leonard  and  others  praying 
that  a  part  of  the  town  of  Middle)  )orough,  and  a  part  of 
the  Town  of  Taunton  may  be  incorporated  into  a  dis- 
tinct Township  by  the  name  of  Kingsboro[ro]ugh  and 
annexed  to  the  County  of  Bristol. 

Ordered  that  the  petitioners  cause  an  attested  copy  of 
their  said  petition  and  this  order  thereon  to  be  published 
in  the  Boston  independent  Chronicle  three  wrecks  succes- 
sively, the  first  publication  to  be  on  or  before  the  last 
Thursday  of  the  present  month  that  all  persons  concerned 
may  appear  on  the  second  AYednesday  of  the  next  sitting 
of  the  General  Court  &  shew  cause  if  any  they  have  why 
the  prayer  of  said  petition  shall  not  be  granted. 

February  8,  1793. 

Chapter  14. 

RESOLVE  ON   THE   PETITION  OF  DAVID  TAYLOR,  AND   OTHERS, 
EMPOWERING  HIM  TO  CONVEY  LAND. 

On  the  Petition  of  David  Taylor  &  others,  praying  that 
the  said  David  Taylor  be  impowered  to  Convey  one  acre 
&  three  fourth  of  an  acre  of  land,  (as  described  in  a  plan 
accompanying  the  Petition)  to  the  inhabitants  of  the  Town 
of  Boylston  for  a  Meeting  House  plot. 

Resolved  that  the  said  David  Taylor  be,  and  he  hereby 
is,  impowered  to  make  and  execute  a  good  and  lawfull 
Deed,  of  the  above  said  one  acre  &  three  fourth  of  an 
acre  of  land,  to  the  Inhabitants  of  the  Town  of  Boylston, 
for  the  purpose  aforesaid.  Provided,  he  the  said  David 
Taylor,  shall  give  sufficient  Bonds  to  the  Judge  of  Pro- 
bate for  the  County  of  Worcester,  to  account  with  the 
absent  Heirs  of  Eleazer  Taylor,  late  of  Boylston  Deceasd. 
for  their  proportion  of  the  proceeds  of  said  land  and  also 
provided  the  Town  of  Boylston  shall  give  security  to 
Hannah  Taylor  Kelict  to  the  said  Eleazer  Taylor  Deceasd. 
for  the  payment  of  the  sum  of  Two  pounds  Eight  shil- 
lings annually  during  her  natural  life  for  the  use  of  said 
land.  February  5,  1793. 

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


Resolves,  1792.  —  January  Session.  231 


Chapter  15. 

ilESOLVE  OX  THE  PETITION  OF  BENJAMIN  LEWIS  AND  SAMUEL 
JOHNSON,  GRANTING  THEM  £.7,  FOR  A  BOUNTY  PAID  BY 
THEM  TO  TWO  SOLDIERS,  IN  THE  YEAR  1778, 

On  the  Petition  of  Benjamin  Lewis  and  Samuel  Johnson 
praying  for  a  Keimbursement  of  a  Bounty  paid  by  them 
to  two  soldiers  in  the  year  1778. 

He.'iolved,  That  there  be  paid  out  of  the  Treasury  of 
this  Commonwealth  to  the  said  Benjamin  Lewis  &  Sam- 
uel Johnson  the  sum  of  seven  pounds  being  the  amount 
of  the  Bounties  by  them  paid  as  aforesaid,  according  to 
the  Scale  of  Depreciation.  February  8,  1793. 

Chapter  16. 

RESOLVE  ON  THE  PETITION  OF  HENDRICK  BURGHARDT,  AU- 
THORIZING THE  TREASURER  TO  CREDIT  HIM  W^ITH  THE 
SUM   OF   £.66  18  10. 

On  the  petition  of  Hendrick  Burghardt  Constable  of 
Grate  Barrington  setting  forth  that  in  the  Year  one  thou- 
sand seven  hundred  &  seventy  five  a  tax  was  committed 
to  him  to  collect  of  the  Inhabitants  of  Great  Barrington, 
that  in  the  year  one  thousand  seven  hundred  &  seventy 
eight  said  Burghardt  paid  to  the  Hon.  Henry  Gardner 
Esqr.  then  Treasurer  the  sum  of  sixty  six  pounds  eighteen 
shillings  &  ten  pence  \  by  the  hand  of  Silas  Goodrich 
which  sum  appears  to  be  paid,  therefore 

Resolved  that  the  Treasurer  of  this  Commonwealth  be 
&  he  is  hereby  authorized  &  directed  to  credit  the  said 
Burghardt  the  sum  of  Sixty  six  pounds  eighteen  shillings 
&  ten  pence  aforesaid  on  said  tax.         February  9,  1793. 

Chapter  17. 

RESOLVE  ALLOAVING  THE  COUNTY  TREASURER'S  ACCOUNTS 
FOR  THE  COUNTY  OF  YORK,  AND  GRANTING  A  TAX  TO  BE 
APPORTIONED  ON  THE  INHABITANTS  AGREEABLY  TO  LAW. 

Whereas  the  Treasurer  of  the  County  of  York  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  Ses- 
sions of  the  Peace  for  the  said  County  has  laid  before  the 
General  Court  an  Estimate  made  by  the  said  Court  of 


232  Kesolves,  1792.  —  January  Session. 

General  Sessions  of  the  Peace  of  the  necessary  charges 
which  have  arisen  in  said  County  in  the  year  1791  and 
which  are  likely  to  arise  within  the  same  the  current  year 
amounting  to  the  sum  of  four  hundred  and  forty  eight 
pounds : 

JResolved  that  the  sum  of  four  hundred  &  forty  Eight 
pounds  be  &  hereby  is  granted  as  a  Tax  for  said  County 
of  York  to  be  apportioned  assessed  collected  and  applied 
in  manner  agreably  to  Law.  February  9,  1793. 

Chapter  18. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  THE  TOWN 
OF  PETERSHAM,  EMPOWERING  THE  TREASURER  TO  RECEIVE 
OF  THE  INHABITANTS  OF  SAID  TOWN,  CONSOLIDATED  SE- 
CURITIES, AT  THE  NOMINAL  VALUE  THEREOF,  IN  DISCHARGE 
OF  A  CERTAIN  SUM. 

On  the  Petition  of  the  Selectmen  of  the  Town  of  Peters- 
ham in  behalf  of  said  Town. 

liesolved,  That  the  Prayer  of  said  Petition  be  so  far 
granted  that  the  Treasurer  of  this  Commonwealth  be,  and 
he  is  hereby  imi)owered  and  directed  to  receive  of  the 
Inhabitants  of  said  Town  Consolidated  Securities  of  this 
Commonwealth  at  the  nominal  value  thereof,  allowing 
Interest  thereon  to  the  twentieth  day  of  April  last  in 
payment  &  satisfaction  of  the  sum  of  one  hundred  &  forty 
seven  pounds  5/6  the  deficiency  of  the  tax  granted  in 
1781  payable  in  New  Emission  bills  of  Credit,  due  from 
said  Town  of  Petersham  ;  and  on  Keceipt  of  said  Securi- 
ties fully  to  discharge  the  Inhabitants  from  said  Sum. 

February  9,  1793. 

Chapter  19. 

RESOLVE  ON  THE  PETITION  OF  ICHABOD  BENSON,  CONFIRMING 
THE  DOINGS  OF  THE  JUDGE  OF  PROBATE  FOR  THE  COUNTY 
OF  PLYMOUTH,  WITH  A  PROVISO. 

On  the  Petition  of  Ichabod  Benson  one  of  the  Execu- 
tors of  the  last  will  &  Testament  of  Joshua  Benson  late 
of  Middleborough  in  the  County  of  Plymouth  deceased, 
stating  certain  irregularities  in  the  probate  of  the  will 
of  said  deceased,  and  in  the  Sale  of  said  deceased's  real 
estate,  and  praying  the  interposition  of  the  Legislature. 

Resolved,  that  the  doings  of  Joseph  Cushing  Esq.  late 
Judge  of  probate  &c.  for  the  County  of  Plymouth  relative 


Resolves,  1792.  —  January  Session.  233 

to  said  will,  and  also  the  licence  of  the  Court  of  Common 
pleas  for  said  County  to  the  said  Ichabod  to  sell  the  real 
Estate  of  said  deceased  be  Confirmed,  any  irregularities 
in  the  same  notwithstanding,  and  that  the  said  Ichabod 
be,  and  he  hereby  is  empowered  to  proceed  in  completing 
the  Settlement  of  said  Estate  in  the  same  Manner,  as  if 
he  w^as  sole  Executor,  Joshua  Benson  his  Co-executor  hav- 
ing been  absent  out  of  this  Commonwealth  for  more  than 
Ten  Years,  and  Not  likely  to  return  again. 

Provided  that  the  said  Ichabods  Accounts  of  his  Ex- 
ecutorship which  he  formerly  Settled  with  the  late  Judge 
of  probate  for  said  County  shall  be  reexamined  by  the 
Honble.  Joshua  Thomas  Esqr.  the  present  Judge  of  pro- 
bate &c.  for  said  County,  and  any  Errours  that  may  be 
found  therein  shall  be  Corrected  in  a  new  and  final  Ac- 
count to  be  settled  within  Six  months,  from  the  passing 
of  this  resolve  by  said  Ichabod  before  said  Judge  of 
probate  for  the  county  of  Plymouth,  in  which  Said  Ac- 
count any  of  the  estate  of  said  deceased  not  already 
inventoried  or  Accounted  for  by  said  Ichabod  and  which 
shall  be  proved  to  be  such  to  said  Judge,  shall  be  charged 
against  said  Executor,  and  he  shall  also  be  charged  with 
the  real  estate  of  said  deceased  as  estimated  in  the  inven- 
tory already  exhibited.  February  11,  1793.* 

Chapter  20. 

RESOLVE  ON  THE  PETITION  OF  THOMAS  LIBBY,  OF  PEPPER- 
ELLBOROUGH,  ADMINISTRATOR,  DE  BONIS  NON,  OF  THE  ES- 
TATE OF  TIMOTHY  LIBBY,  LATE  OF  MACHIAS. 

On  the  Petition  of  Thomas  Libby  of  Pepperelborough 
in  the  County  of  York  Administrator  de  bonis  non,  of  the 
estate  of  Timothy  Libb}^  late  of  Machias  in  the  County 
of  AVashington  yeoman  deceased  intestate  praying  that 
he  may  be  authorised  to  make  &  execute  deeds  of  certain 
parts  of  the  estate  of  the  intestate,  sold  by  a  former  Ad- 
ministrator upon  said  Estate. 

AVhereas  it  appears  that  George  Libby  deceased  a 
former  Administrator  upon  the  Estate  of  Timothy  Libby 
late  of  Machias  in  the  County  of  AVashington  yeoman  did 
in  his  life  time  by  licence  from  the  Supreme  Judicial,  sell 
for  the  payment  of  the  debts  of  the  intestate  to  Philip 
Libby  a  pew  in  the  meeting  house  of  the  second  Parish 
in  Scarborough  in  the  County  of  Cumberland  for  the  sum 

*  Approved  February  15,  1793. 


234  Resolves,  1792.  —  January  Session. 

of  four  pounds  —  To  Jonathan  Harmon  ten  Acres  of  land 
in  said  Scarborough  adjoining  Jonathan  Harmon  &  Paul 
Simpsons  home  lot  for  the  sum  of  Twelve  pounds  —  To 
John  Simpson  Harmon  six  acres  of  land  in  said  Scar- 
borough, adjoining  Samuel  Harmons  home  lot,  for  the 
sum  of  four  pounds  four  shillings  —  To  Thomas  Libby 
Junr.  fifteen  acres  and  one  sixteenth  of  an  acre  adjoining 
said  Thomas's  land  for  the  Sum  of  ten  pounds  ten  shil- 
lings, —  To  Jonathan  Pines  two  thirds  of  a  seven  acre  lot 
of  land  in  said  Machias  for  the  sum  of  ten  pounds  ten 
shillings  —  To  the  same  Jonathan  Pines  two  thirds  of  two 
days  in  the  old  Sawmill  at  said  Machias  for  the  sum  of 
twelve  shillings  —  To  the  same  Jonathan  Pines,  The  Re- 
version of  the  widows  Dower  in  the  aforesd.  seven  Acres 
of  land  for  the  sum  of  eight  pounds  and  the  like  reversion 
in  the  said  Sawmill  for  nine  shillings  —  That  the  pur- 
chasers aforesd.  severally  enterd  &  took  possession  of  the 
premises  to  them  respectively  sold  as  aforsd.  &  paid  the 
said  George  the  Monies  for  which  they  were  sold  or 
the  greater  part  thereof  but  died  without  having  executed 
deeds  thereof  to  the  purchasers  pursuant  to  the  Licence 
aforesd  :  Therefore 

Resolved  that  the  said  Timothy  Libby  in  his  said  Ca- 
pacity be  and  hereby  is  as  fully  authorised  and  impowerd 
to  make  and  execute  proper  deeds  of  the  premises  to  the 
several  Purchasers  aforesd.  respectively  as  the  said  George 
Libby  was  by  virtue  of  the  licence  aforesaid. 

February  11,  1793. 

Chapter  21. 

RESOLVE    ALLOWING    THE    COUNTY    TREASURER'S    ACCOUNTS 
FOR  THE  COUNTY  OF  HAMPSHIRE,  AND  GRANTING  A  TAX. 

Whereas  ye  Treasurer  of  ye  County  of  Hampshire,  has 
laid  his  Accounts  before  ye  General  Court  in  Manner  by 
Law  prescribed ;  which  Accounts  are  hereby  allowed : 
And  whereas  ye  Clerk  of  ye  Court  of  General  Sessions 
of  ye  Peace,  for  ye  sd.  County  of  Hampshire  has  laid 
before  ye  General  Court,  an  Estimate  made  by  ye  said 
Court  of  General  Sessions  of  ye  Peace,  of  the  Necessary 
Charges  which  will  be  likely  to  arise  in  said  County  the 
current  year,  amounting  to  ye  sum  of  Seven  hundred 
pounds : 

Resolved,  that  the  said  Sum  of  Seven  Hundred  pounds, 
be,  and  hereby  is,  Granted,  as  a  Tax  for  said  County  of 


Resolves,  1792.  —  January  Session.  235 

Hampshire,  to    be  apportioned,  Assessed    collected   and 
applied  in  Manner  provided  by  Law. 

February  11,  1793* 

Chapter  33. 

RESOLVE  ON  THE  PETITION  OF  DAVID  CAMPBELL,  DIRECTING 
THE  JUSTICES  OF  THE  COURT  OF  SESSIONS  OF  THE  COUNTY 
OF  HAMPSHIRE,  TO  ORDER  PAYMENT  TO  THE  SAID  DAVID 
CAMPBELL,  IN  CASE. 

On  the  Petition  of  David  Campbell  the  Party  injured 
by  a  Theft  charged  against  one  BarziUai  Beals,  who  has 
absconded  upon  his  recognizance  to  this  Commonwealth. 

Resolved  that  in  case  the  sum  of  twenty  five  pounds 
shall  be  recovered  against  Comfort  Beals  one  of  the  Sure- 
ties of  the  said  Barzillai  in  the  said  Recognizance,  and 
shall  be  paid  thereupon,  the  same  is  hereby  granted,  and 
shall  be  paid  to  the  said  David  Campbell,  in  satisfaction 
for  his  Damages  sustained  by  the  said  Theft,  and  his  Ex- 
pences  and  troulile  in  the  prosecution  thereof,  and  which 
have  been  lost  to  the  said  David,  by  the  neglect  of  the 
Justice  who  lett  the  said  Bazilhii  to  bail,  to  take  a  recog- 
nizance to  the  Party  injured,  as  the  law  requires :  And 
the  Justices  of  the  Court  of  Sessions  of  the  County  of 
Hampshire,  shall  and  may  Order  payment  to  the  said 
David  accordingly.  February  12,  1793. 

Chapter  33. 

RESOLVE   ON   THE   PETITION   OF   BENJAMIN    WILDS,  GRANTING 

HIM  £.14. 

On  the  petition  of  Benjamin  AVilds  praying  that  he 
may  be  payd  the  amount  of  an  Order  that  was  Consumed 
by  fire,  which  issued  from  the  treasurer  of  this  Com- 
monwealth on  Mr.  Robert  Stone  Collector  of  Arundal 
Dated  the  29  of  May  178G  in  favour  of  said  Benjamin 
Wilds. 

Resolved  that  there  be  allowed  &  paid  out  of  the  treas- 
urey  of  this  Commonwealth  the  sum  of  fourteen  pounds 
to  him  the  said  Benjamin  in  full  Compensation  for  the 
aforesaid  order  provided  the  said  Benjamin  Wilds  Give 
bond  with  sufficient  surety  to  the  satisfaction  of  the 
Treasurer  conditioned  for  indemnifying  the  Common- 
wealth from  any  demand  that  may  arise  in  consequence 
of  the  aforesaid  Order.  February  13,  1793. 

*  Approved  February  13,  1793. 


236  Resolves,  1792.  —  January  Session. 


Chapter  24. 

RESOLVE  ON  THE  PETITION  OF  EBENEZER  STORER,  LATE  PAY- 
MASTER, GRANTING  HIM  £.120. 

On  the  petition  of  Ebenezer  Storer  praying  for  a  Com- 
pensation for  his  Services  as  a  paymaster  for  the  second 
and  twelfth  Regiments  of  the  late  Continental  army. 

Whereas  it  appears  by  a  resolve  of  the  Legislature 
passed  March  2d  1792  that  the  paymasters  and  agents  of 
this  States  quota  of  the  Continental  army,  have  all  of 
them  (excepting  said  Storer)  reed,  from  this  Common- 
wealth the  Sum  of  one  hundred  &  twenty  pounds  for 
their  Services  as  Y)aymasters  &  agents  as  aforesaid,  and 
that  the  said  Storer  has  reed,  nothins;,  he  havino-  ne2:lected 
to  apply  for  the  same  within  the  time  limited  by  law : 
Therefore 

Resolved,  that  the  said  Storer  be  and  he  is  hereby  al- 
low'd  the  said  Sum  of  one  hundred  and  tw^enty  pounds 
out  of  the  Treasury  of  this  Commonwealth,  as  a  Com- 
pensation for  his  said  Services,  and  the  treasurer  is  hereby 
directed  to  pay  the  same  accordingly.  —  And  his  Excel- 
lency the  Governor  by  and  with  the  advice  of  the  Council 
is  hereby  requested  to  Issue  his  Warrant  upon  the  treas- 
ury for  the  payment  of  said  Sum.       February  13 ^  1793. 

Chapter  25. 

RESOLVE    AUTHORIZING   THE   TREASURER   TO   CONTRACT  FOR 
CLOATHING  AND  PROVISIONS  FOR  CASTLE  ISLAND. 

Resolved  that  the  treasurer  of  this  Commonwealth  be  & 
hereby  is  authorized  &  directed  to  contract  for  supplying 
the  Garrison  &.  Convicts  on  Castle  Island  with  provissions 
&  cloathing  for  the  term  of  one  jear  commencing  April 
1st  17^3  on  terms  most  advantageous  to  Government. 
And  that  he  cause  public  notice  thereof  to  be  given  in 
the  Independent  chronicle  three  weeks  before  his  entering 
into  such  contract.  That  he  shall  receive  proposals  from 
any  person  or  persons  disposed  to  make  the  same  under 
seal.  And  shall  require  bond  with  good  &  sufficient 
surety  in  the  sum  of  five  hundred  pounds  from  the  Con- 
tractor or  Contractors  for  the  faithful  discharge  of  their 
duty.  And  that  the  said  contract  shall  allow"  the  same 
articles  of  provission  &  cloathing  to  the  Garrison  &  Con- 
victs as  is  specified  in  the  contract  of  the  last  year  made 
for  the  same  purpose.  February  13,  1793. 


Resolves,  1792.  —  January  Session.  237 


Chapter  26. 

RESOLVE    ON   THE    PETITION    OF  BENJAMIN   READ,  IN  BEHALF 
OF  THE  TOWN   OF   MENDON. 

On  the  petition  of  Benjamin  Read. 

Whereas  it  appears  by  a  return  on  an  execution  now  in 
the  Treasury  Office  —  that  Joseph  Coody  Collector  of  the 
Town  of  Mendon  paid  to  William  Greenleaf  late  Sheriff 
of  the  County  of  Worcester  the  Balance  due  from  said 
Collector  on  the  Tax  granted  in  the  year  1771)  : 

Resolved  That  the  Treasurer  be  and  hereby  is  directed 
to  Credit  the  Town  of  Mendon  one  hundred  &  twelve 
pounds  ten  shillings,  being  the  sum  with  which  the  said 
Town  now  stands  charged  for  the  deficiency  of  the  said 
Coody  on  the  tax  aforesaid.  February  13,  1793. 

Chapter  27. 

RESOLVE  ON  THE  PETITION  OF  MAKEPEACE  GATES. 

On  the  Petition  of  Makepeace  Gates.  Resolved,  that 
he  be  discharged  from  a  balance  of  Ten  Pounds  ajjainst 
him  on  the  Treasurer's  books  for  tax  No.  3  the  same 
appearing  to  have  been  paid,  &  the  Treasurer  is  directed 
to  govern  himself  accordingly.  February  14,  1793. 

Chapter  37a.* 

ORDER  ON  THE  PETITION  OF  DANIEL  SHAW  AND  OTHER'S. 

On  the  petition  of  Daniel  Shaw  and  others  iohabitants 
of  the  town  of  Wrentham. 

Ordered  that  the  petitioners  notify  the  town  of  Wren- 
tham by  leaving  with  the  town  Clerk  thereof  an  attested 
copy  of  said  petition  with  this  order  thereon,  thirty  days 
at  least  before  the  second  Wednesday  of  the  next  Session 
of  the  General  Court  that  they  may  then  appear  &  shew 
cause  if  any  they  have  why  the  prayer  of  said  petition 
should  not  be  granted.  February  14,  1793. 

Chapter  38. 

RESOLVE   ON  THE   PETITION  OF  ELISHA  CRANSON,   JUN. 

On  the  Petition  of  ElishaCranson  Jun.  Resolved,  that 
the  prayer  of  said  petition  be  granted,  &  that  the  Treas- 

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


238  Resolves,  1792.  —  January  Session. 

urer  of  the  Commonwealth  be  directed  to  pay  the  sum 
of  Four  Pounds  to  the  said  Elisha  Cranson  Jun.  for  his 
killing  one  grown  wolf  as  mentioned  in  his  petition. 

February  14,  1793. 

Chapter  28a.* 

ORDER  ON  THE  PETITION  OF  JOHN  SEELY  AND  OTHERS. 

On  the  petition  of  John  Seely  and  others  praying  to  be 
annexed  to  the  Episcopal  Society  in  Great  Barrington. 

Ordered  that  the  petitioners  notify  the  inhabitants  of 
Stockbridge,  AVest  Stockbridge  Egremont  and  Lee,  by 
causing  to  be  published  in  the  Western  Star,  printed  by 
Loring  Andrews  at  Stockbridge,  an  attested  copy  of  the 
said  petition,  and  of  this  order  thereon  at  least  thirty 
days  before  the  third  Wednesday  of  the  next  session  of 
the  General  Court  to  appear  on  the  said  third  Wednesday, 
and  shew  cause  if  any  they  have  why  the  prayer  of  the 
said  petition  should  not  be  granted.    Ftbruary  14,  1793. 

Chapter  29. 

RESOLVE  ON  THE  PETITION  OF  WILLIAM  HANCOCK,  DIRECTING 
THE  TREASURER  TO  ISSUE  NOTES. 

On  the  Petition  of  William  Hancock  a  Soldier  of  the 
late  Continental  Army  in  Col.  Ichabod  Alden's  Regiment 
praying  for  wages  drawn  by  one  William  Tucker  by  a 
forged  Order. 

Resolved  that  the  Pra^^er  of  the  Petition  be  granted 
and  that  the  Treasurer  be  and  hereby  is  directed  to  issue 
to  the  said  William  Hancock  a  Note  or  Notes  for  his 
Wages  aforesaid  amounting  to  thirty  nine  Pounds  fifteen 
shillings  and  one  penny  in  the  same  way  and  Manner  as 
if  the  said  forged  order  had  not  been  answered. 

February  14,  1793. 

Chapter  30. 

RESOLVE   ON  THE   PETITION  OF  FRANCIS  SHURTLIFF. 

On  the  Petition  of  Francis  Shurtliff  praying  that  the 
Treasurer  of  this  Commonwealth  may  be  directed  to  make 
&  deliver  to  John  Lucas  two  Notes  in  lieu  of  two  original 
Notes  which  are  lost. 

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


Kesolves,  1792.  —  January  Session.  239 

.Resolved  that  the  prayer  of  the  same  Petition  be  granted, 
&  that  the  Treasurer  of  the  Commonwealth  be  &  he  hereby 
is  directed  to  make  &  deliver  to  the  said  John  Lucas  two 
Notes  payable  to  the  said  Lucas,  one  for  four  pounds  & 
Interest  thereon  from  September  1782,  &  the  other  for 
four  pounds  &  one  shilling  &  Interest  thereon  from  May 
1783  ;  p7^ovided  the  Petitioner  shall  give  to  the  Treasurer 
for  the  use  of  the  Comonwealth  a  good  Bond  with  suffi- 
cient Surety  conditioned  that  he  shall  forever  indemnify 
the  Connnonwealth  from  a  Note  for  four  pounds  l)earing 
date  in  Se})tember  1782  &  numbered  8123,  &  also  from 
another  Note  for  four  pounds  &  one  shilling  bearing  date 
in  May  1783  &  numbered  16774,  both  payable  to  said 
John  Lucas,  which  two  Notes  are  said  to  be  lost. 

February  15,  1793. 


Chapter  31. 

RESOLVE   ON  THE   PETITION   OF  ELISHA  PORTER,  ESQ. 

On  the  Petition  of  Elisha  Porter  Esqr.,  Sheriff  of  the 
County  of  Hampshire. 

resolved  that  the  Prayer  of  said  Petition  be  granted 
and  that  the  Treasurer  of  this  Commonwealth  be  directed 
to  receive  of  said  Sheriff"  the  Note  of  Ezekiel  Fosgate  and 
Josiah  Wilson  dated  October,  2  1783  for  the  sum  of  Sixty 
Nine  Pounds  sixteen  shillings  and  four  Pence  lawful 
money  (payable  to  said  Elisha  Porter  or  his  Order  l)y  the 
first  Day  of  January  then  next  with  Interest  after  that 
Time),  to  be  assignd  by  him  the  said  Elisha  Porter  to  the 
L^se  of  this  Commonwealth,  together  with  said  Ezekiel's 
Acknowdedgment  of  said  Debt  to  be  justly  due  as  men- 
tioned in  sd.  Petition  and  that  he  account  only  for  wdiat 
monies  he  hath  already  receivd  for  said  Ezekiel's  Fine  & 
Costs  as  mentioned  in  sd.  Petition  and  that  he  be  dis- 
chargd  of  the  Residue  thereof,  and  likewise  that  the  said 
Elisha  Porter  account  to  the  Treasurer  of  this  Common- 
wealth only  for  the  Sum  of  Forty  one  Pounds  and  one 
Penny  being  the  whole  of  the  monies  he  hath  receivd 
toward  the  Fine  &  Costs  of  Uriel  Clary  as  mentioned  in 
said  Petition  and  that  he  be  dischargd  from  the  Residue 
thereof  and  that  the  Treasurer  govern  himself  accord- 
ingly in  the  Settlement  of  said  Sheriff's  Accounts. 

February  15,  1793. 


240  Eesol\^s,  1792.  —  January  Session. 


Chapter  33. 

RESOLVE  ON  THE  PETITION  OF  TIMOTHY  DONNELL,  DIRECTING 
THE  TREASURER  TO   PAY   £.30. 

On  the  Petition  of  Timothy  Donnell  a  Private  soldier 
in  Capt.  Timothy  Goodwins  Company  of  militia  in  the 
Town  of  York  in  the  Count}^  of  York  who  was  wounded 
on  the  Perade  w^hile  under  Arms,  Praying  for  Relief. 

Resolved  that  the  Prayer  of  said  Petition  be  granted 
and  that  the  Treasurer  of  this  Commonw'ealth  be  and  he 
is  hereby  Directed  to  pay  to  the  said  Donnell  the  Sum  of 
thirty  pounds  to  Enable  him  to  Discharge  the  Doctr.,  bill 
and  outher  Charges.  February  15,  1793. 

ANSWER  OF  THE  LEGISLATURE  TO  THE  SPEECH  OF  HIS  EXCEL- 
LENCY THE  GOVERNOR  AT  THE  OPENING  OF  THE  SESSION. 

The  Speech  of  His  Excellency  the  Governor  at  the 
opening  of  the  Session  was  committed  to  a  joint  Commit- 
tee, consisting  of  Messrs.  Bridge,  Heath  and  Bradbury, 
of  the  Senate  —  and  Messrs.  Jarvis,  Eustis,  Sewall  and 
Mycall,  of  the  House,  who  reported  the  following  Answer. 

May  it  please  your  Excellency, 

Your  address  to  the  two  branches  of  the  Legislature, 
at  the  opening  of  the  present  Session,  has  been  received 
with  great  pleasure.  The  various  communications  sug- 
gested by  your  excellency  for  the  consideration  of  the 
Senators  &  representatives  of  the  people,  evince  a  contin- 
uance of  those  patriotic  exertions  for  the  public  welfare, 
which  have  ever  distinguished  your  political  character ;  & 
will  receive  all  that  attention  on  our  part  which  their 
importance  requires. 

AVe  participate  with  your  Excellency  the  highest  satis- 
faction on  the  internal  peace  &  increasing  prosperity  of 
the  Commonwealth.  A  government  formed  on  the  basis 
of  a  fair  &  free  representation  of  the  people,  contains  the 
essential  princii)les  of  civil  liberty,  &  if  well  administered, 
cannot  fail  to  secure  their  happiness.  To  establish  a  gov- 
ernment of  this  kind  has  been  the  object  for  which  the 
present  generation  has  contended  &  our  highest  ambition 
is  to  improve  &  transmit  it  to  posterity.  These  circum- 
stances together  with  the  accordance  of  the  powers  of  ihe 
several  state  governments  with  those  of  the  g-eneral  irov- 
ernment  by  which  they  are  all  united  produces  &  ensures 


Resolves,  1792.  —  January  Session.  241 

to  the  people  of  America  a  higher  degree  of  civil  &  relig- 
ious freedom  than  has  ever  yet  been  enjoyed  by  any  other 
Nation.  And  as  the  right  of  Election  by  the  people  con- 
stitutes the  great  principle  on  which  our  systems  are 
founded,  &  the  exertion  of  that  right  forms  the  great 
check  reserved  by  them  in  their  own  hands  to  be  exer- 
cised in  their  individual  persons,  it  will  be  the  first  wish 
&  object  of  the  Legislature  to  preserve  it  in  its  original 
purity,  &  to  see  it  exercised  with  an  unremitting  &  vigil- 
ant attention. 

"  A  frequent  recurrence  to  the  principles  '  of  the  Amer- 
ican revolution '  as  well  as  of  the  constitution,  together 
with  a  constant  adherence  to  those  of  piety  justice,  mod- 
eration, temperance,  industry  &  frugality  is  useful  & 
necessary  to  preserve  the  advantages  of  liberty,  and  to 
maintain  a  free  government." 

That  the  rising  generation  may  comprehend  &  enjoy 
these  invaluable  blessings,  the  means  of  information  should 
be  extended  equally  &  Avithout  preference  to  all  the  citi- 
zens. To  this  end  the  Legislature  will  chearfuUy  &  liber- 
ally encourage  the  several  schools  &  academies  within 
this  Commonwealth.  The  University  at  Cambridge  has 
justly  merited  &  received  the  patronage  of  government 
from  its  first  foundation.  An  enquiry  into  the  state  & 
funds  of  that  society  will  be  had  during  the  present 
session,  and  any  measures  that  may  be  found  necessary  to 
continue  &  encrease  its  usefulness  will  be  adopted. 

A  reverence  for  religion,  &  a  respect  for  virtue  are  the 
leading  features  which  should  distinguish  the  citizens  of 
a  free  republic.  Should  it  be  deemed  necessary  to  revise 
the  laws  which  inculcate  these  duties  &  prohibit  the  oppo- 
site vices,  or  those  which  enjoin  an  observance  of  holy 
time  &  make  provision  for  the  maintenance  of  public 
teachers  of  piety  religion  &  morality,  we  shall  consider 
the  time  requisite  for  such  revision  devoted  to  the  best 
interests  of  our  constituents. 

From  the  heavy  penalty  inflicted  on  the  Usurer  by  the 
laws  of  the  Commonwealth,  we  had  reason  to  expect,  & 
we  think  the  people  have  experienced,  a  salutary  efiect. 
With  your  Excellency  we  accord  in  the  sentiment,  that  in 
a  Republican  government  no  laws  should  tend  to  produce 
an  inequality  of  property.  By  the  declaration  of  rights 
prefixed  to  our  constitution  every  citizen  has  an  "  equal 
right  to  protection  in  the  enjoyment  of  his  property." 


242  Resolves,  1792.  —  January  Session. 

Whether  the  laws  against  Usury  can  be  made  more  con- 
formable to  these  principles,  will  be  a  subject  of  legis- 
lative enquiry. 

To  guard  the  persons  &  possessions  of  our  Citizens,  is 
an  essential  duty  of  the  Legislature  of  a  civilized  Commu- 
nity ;  &  to  affect  this  important  purpose,  by  those  punish- 
ments which  shall  tend  to  reform  offenders  &  as  far  as 
possible  to  avoid  the  infliction  of  death  or  mutilation  to 
our  fellow  men,  is  an  exercise  of  the  natural  clemency  of 
a  Republican  Government.  Every  practicable  reforma- 
tion of  the  existing  criminal  laws,  which  can  be  made  in 
this  view,  is  urged  by  the  feelings  of  the  Representative 
of  a  free  &  virtuous  people  as  well  as  by  the  humane  rec- 
ommendations of  your  Excellency. 

The  law  making  compensation  to  Officers  who  execute 
the  laws  was  under  consideration  at  the  last  session.  The 
subject  will  be  resumed ;  for  it  is  our  intention  that  all 
the  servants  of  government  should  receive  a  just  retribu- 
tion for  their  services. 

The  incompetency  of  town  inhabitants  to  be  witnesses 
in  cases  where  their  towns  are  parties  calls  for  a  remedy, 
&  will  receive  due  attention. 

With  your  Excellency  we  are  fully  impressed  with  the 
necessity  &  importance  of  affording  every  possible  en- 
couragement to  Agriculture,  Manufactures  &  Commerce. 
The  settlement  of  our  uncultivated  lands  is  of  great  con- 
sequence, &  may  be  facilitated  by  the  immigration  of 
foreigners.  The  laws  respecting  their  admission  into  the 
Commonwealth  will  be  considered  and  the  patronage  and 
favor  of  Government  to  our  infant  settlements  will  be 
continued. 

The  bounties  already  granted  by  Government  in  sup- 
port of  Agriculture  &  Manufactures  evince  our  desire  of 
their  prosperity.  To  vary,  extend  &  apply  these  boun- 
ties according  to  the  exigencies  which  occur  &  the  ability 
of  our  constituents  will  tend  to  encrease  the  wealth  & 
happiness  of  the  State. 

We  are  sensible  Sir,  that  the  Creditors  of  this  Com- 
monwealth, have  no  direct  demand  upon  any  other  Gov- 
er[n]ment  than  this.  —  Various  causes  have  concurred  to 
prevent,  or  delay  the  full  payment  of  their  just  demands. 
—  This  delay  has  been  attended  with  many  inconveniences 
to  them,  &  is  painfull  to  us.  —  But  we  trust  that  the 
period  is  not  far  distant,  when  we  shall  be  able  to  fulfill 


Resolves,  1792.  —  January  Session.  243 

our  engagements  in  a  manner  that  may  prove  at  once 
satisfactory  to  our  Creditors,  &  least  burdensom  to  our 
Constituents. 

The  State's  being  interested  in  the  Union  Bank  as  sug- 
gested in  the  address  of  yr.  Excellency  at  the  last  session 
will  be  taken  into  consideration  as  soon  as  the  State  of 
the  treasury  shall  be  clearly  ascertained. 

On  this  or  any  other  subject  which  you  shall  think 
proper  to  suggest  for  our  consideration,  we  shall  be  at  all 
times  ready  to  receive  such  communication  from  your 
Excellency  in  person  or  by  written  messages  as  shall 
comport  with  yr.  health  or  convenience.  And  in  aid  to 
yr.  care  &  vigilance  for  the  public  weal,  yr.  Excellency 
may  always  confide  in  a  ready  support  of  the  two  branches 
of  the  Legislature  in  all  measures  calculated  to  promote 
the  happiness  of  our  constituents  &  the  honor  &  pros- 
perity of  the  Commonwealth.  February  15,  1793. 

Chapter  33. 

RESOLVE   ON  THE   PETITION  OF   HENRY  DWIGHT,  OF  BELCHER 

TOWN. 

On  the  Petition  of  Henry  Dwight  of  Belcher  Town 
praying  that  for  the  Reasons  therein  mentioned  he  may 
be  allowed  to  discharge  an  Excon.  in  favor  of  the  Gov- 
ernment against  Caleb  Hannum  for  the  Sum  [q/"]  Eighty 
Seven  pounds  fourteen  shillings  and  two  pence  due  on 
No.  five  tax  in  a  diffirent  Manner  than  in  the  particular 
species  of  Orders  and  Indents  in  the  Same  Excon.  men- 
tioned. 

Resolved  that  the  Said  Henry  Dwight  have  Liberty  to 
pay  the  Sum  of  Sixty  pounds  ten  shillings  and  Seven 
pence  in  Cash  into  the  Treasury  of  [ofj  Said  Common 
Wealth  in  lieu  of  the  Several  Sums  in  the  Said  Execution 
mentioned  within  two  months  from  the  Date  hereof  upon 
Receit  of  which  the  Treasurer  is  hereby  directed  to  dis- 
charge the  Same  Excon.  February  16, 1793. 

Chapter  34. 

RESOLVE  ON  THE  PETITION  OF  JOHN  JUST  GEYER,  DIRECTING 
THE  SHERIFF  FOR  THE  COUNTY  OF  SUFFOLK  TO  LIBERATE 
THE  SAID  GEYER  AND  ONE  PETER  SMINK,  NOW  IN  GOAL. 

On  the  petition  of  John  Just  Geyer,  praying  to  be 
liberated  from  the  prison  of  the  Commonwealth  in  Boston. 


244:  Resolves,  1792.  —  January  Session. 


Resolved  —  For  the  Reasons  set  forth  in  said  petition, 
That  the  Sheriff  of  the  County  of  Suffolk  be,  and  he 
hereby  is,  authorized  and  directed,  to  discharge  the  said 
Geyer  and  one  Peter  Smink  from  the  Gaol  in  Boston,  and 
to  suffer  them  to  go  at  large  ;  they  first  paying  to  the 
said  Sheriff',  the  Costs  of  Court  specified  in  the  Execu- 
tion upon  which  they  were  severally  committed. 

February  16,  1793. 

Chapter  34:a.* 

ORDER  ON  THE  PETITION  OF  JOHN  HUBBARD  AND  OTHERS, 

On  the  petition  of  John  Hubbard  and  others  praying 
to  be  incorporated  into  a  religious  episcopal  Society. 

Ordered  that  the  petitioners  notify  the  towns  of  Sandis- 
field.  New  Marlborough,  Tyringham,  and  the  District  of 
Bethlehem  by  lodging  with  the  Clerks  of  the  said  towns 
and  District  a  copy  of  this  petition  and  this  order  thereon 
thirty  days  before  the  second  Wednesday  of  the  first 
Session  of  the  next  General  Court  then  to  shew  cause  if 
any  they  have  why  the  prayer  of  said  petition  should  not 
be  granted.  February  18,  1793. 

Chapter  35. 

RESOLVE   ADJOURNING  THE  COURT  OF  COMMON  PLEAS,  &c.  IN 

TAUNTON. 

Whereas  inconveniences  may  arise,  if  the  Courts  of 
General  Sessions  of  the  peace,  &,  Court  of  Common  Pleas, 
should  be  holden  in  &  for  the  County  of  Bristol,  on  the 
second  Tuesday  of  March  next ;  two  of  the  Justices  of 
the  said  Court  of  Comon  Pleas,  being  Members  of  the 
Legislature  of  this  Commonwealth,  &  one  of  sd.  Justices 
being  a  Member  of  the  Genl.  Gover[n]ment,  all  of  whom, 
will  necessarily  be  Absent.     Therefore  — 

Resolved,  that  the  Court  of  General  Sessions  of  the 
peace,  &  Court  of  Common  Pleas,  by  Law  to  be  holden 
at  Taunton,  within  &  for  the  County  of  Bristol,  on  the 
second  Tuesday  of  March  next,  be,  &  they  hereby  are 
adjourned,  to  the  first  Tuesday  in  April  next,  then  to  be 
holden  at  Taunton  within  &  for  the  County  of  Bristol 
aforesd.  ;  &  all  Writs  processes  &  recognizances,  returna- 
ble to,  &  all  appeals  made  to  said  Courts,  to  be  holden 

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


Resolves,  1792.  —  January  Session.  245 

on  the  said  second  Tuesday  of  March,  &  all  matters 
causes  &  things  which  might  have  day,  or  which  might  be 
moved,  or  done,  at,  in  or  by  the  said  Courts,  if  held  on 
the  said  second  Tuesday  of  March  aforesd.,  shall  be  re- 
turnable, to  &  may  be  entered,  prosecuted,  had,  moved 
&  done,  at,  in  &  by  said  Courts,  at  the  time  hereby 
appointed  for  holding  the  same. 

Resolved  Further,  that  the  Secretary  be,  &  hereby  is 
directed  to  cause  this  Resolve,  to  be  published  in  the 
Independent  Chronicle,  as  soon  as  may  be. 

February  19,  1793. 

Chapter  36. 

RESOLVE  DIRECTING  THE  SECRETARY  TO  HAVE  PRINTED  THE 
CONSTITUTION  AND  LAWS  OF  THE  UNITED  STATES  FOR  THE 
PURPOSE   MENTIONED. 

Resolved  that  each  town,  district  and  plantation  within 
this  Commonwealth,  be  furnished  at  the  public  expence 
with  a  book  printed  upon  good  paper,  wnth  a  good  type, 
and  stiched  in  blue  paper  containing  the  Constitution  of 
the  United  States  &  its  amendments ;  and  all  such  public 
acts  of  Congress  as  shall  be  in  force  at  the  time  of  printing 
the  same.  —  And  the  Secretary  is  hereby  directed  to  have 
printed  the  said  Constitution  and  Laws  of  the  United 
States  upon  such  terms  as  has  been  contracted  for  the 
printing  for  the  Government  of  this  Commonwealth  ;  and 
as  soon  as  the  same  books  are  compleated,  he  shall  cause 
them  to  be  delivered  to  the  several  towns,  districts,  & 
plantations  in  the  said  Commonwealth,  to  the  order  of  the 
Clerks  or  Selectmen  of  the  said  towns  and  districts  and 
of  the  Committees  or  any  of  the  principal  inhabitants  of 
the  said  Plantations,  as  they  shall  apply  for  the  same. 

February  19,  1793. 

Chapter  37. 

RESOLVE    ON    THE    PETITION    OF    JOSEPH    HENDERSON,    LATE 
SHERIFF   OF    THE   COUNTY    OF   SUFFOLK. 

On  the  Petition  of  Joseph  Henderson  late  Sheriff  of 
the  County  of  Suffolk  praying  for  a  further  time  for  the 
Payment  of  the  Ballance  due  from  him  to  the  Common- 
wealth for  Reasons  set  forth  in  bis  Petition. 

Resolved,  That  the  Prayer  thereof  be  so  far  granted  as  that 
the  Treasurer  of  the  Comm  [on]  wealth  is  hereby  directed 


24:6  Resolves,  1792.  —  Januaey  Session. 

to  suspend  any  Process  against  the  said  Joseph  Henderson 
as  Sheriff,  for  the  term  of  Six  Months,  and  to  receive 
from  time  to  time  during  the  above  period,  any  Sums  of 
Money  the  said  Henderson  may  be  enabled  to  pay  into 
the  Treasury  in  discharge  of  the  aforesaid  Ball'ce. 

February  19,  1793* 

Chapter  38. 

RESOLVE     ON    THE    PETITION    OF    JOSEPH    BATES,    GRANTING 

£.8   10. 

On  the  Petition  of  Joseph  Bates.  Resolv'd,  for  reasons 
sett  forth,  that  there  be  Allow'd  &  paid  Out  of  the  Pub- 
lick  Treasury  of  this  Common  Wealth  to  the  said  Joseph 
Bates  the  Sum  of  Eight  pounds  Ten  shillings  In  full  for 
Eighty  five,  Six  pound  Shott  Supply 'd  the  Garrisson  at 
Nantaskett  in  June  1776  Any  Law  or  Resolve  to  the 
Contrary  Notwithstanding  —  the  same  to  be  charg'd  to 
the  United  States.  February  19,  1793. 

Chapter  39. 

RESOLVE    ON   THE    PETITION   OF  CAPTAINS   JOHN   F.  WILLIAMS 
AND  JOHN  CATHCART. 

On  the  Petition  of  John  Foster  Williams  and  John 
Cathcart  Commanders  of  armed  Vessells  in  the  service  of 
this  Commonwealth,  on  the  Penobscott  Expedition  pray- 
ing for  the  payment  of  the  sums  allowed  them  by  the 
Committee  of  the  General  Court  appointed  to  examine 
and  allow  Accounts  for  losses  sustained  on  the  said  Expe- 
dition. 

Resolved  That  the  Treasurer  be  and  he  hereby  is 
directed  to  pay  the  said  John  Foster  Williams  the  Sum 
of  Sixty  two  pounds  ten  shillings  in  a  consolidated  Note 
of  this  Commonwealth,  bearing  date  May  2d.  1780,  with 
interest  untill  paid,  and  that  the  Treasurer  be  and  he 
hereby  is  directed  to  pay  in  like  manner  to  the  said  John 
Cathcart  the  Sum  of  Fifty  two  pounds  twelve  shillings 
and  six  pence,  in  full  compensation  of  the  losses  which 
they  severally  sustained  on  the  said  Expedition, — And 
that  the  amount  of  the  said  sums  be  charged  to  the  United 
States.  February  19,  1793. 


Approved  February  20,  1793. 


Resolves,  1792.  —  January  Session.  247 


Chapter  40. 

RESOLVE  ON  THE  PETITION  OF  DANIEL  McDOUGAL. 

On  the  Petition  of  Daniel  McDougal,  Sitting  forth  that  he 
has  Not  Recievd.  his  proportion  of  the  Gratuity  Granted 
to  the  Noncommissioned  officers  and  Soldiers  of  the 
Massachusetts  line  of  the  Army  ingaged  for  the  war  pre- 
vious to  the  Year  1780.  Agreeable  to  a  Resolve  pased. 
the  General  Court  January  15th  1781. 

Resolved  that  there  be  allowd.  and  paid  out  of  the  pub- 
lic Treasury  of  this  Commonwealth  to  Daniel  McDougal 
a  Soldier  in  Colo.  Mihael  Jackson's  Regt.  the  Sum  of 
Twenty  four  dollars  in  full  Discharge  of  sd.  Gratuity. 

February  20,  1793. 

Chapter  41. 

RESOLVE  ALLOWING  THE  ACCOUNTS  OF  THE  TREASURER  OF 
THE  COUNTY  OF  MIDDLESEX,  AND  GRANTING  A  TAX  OF 
£.900. 

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 : 
And  Whereas  the  Clerk  of  ye,  Court  of  the  General 
Sessions  of  the  Peace  for  the  said  County,  has  laid  before 
ye  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  nine  hundred  Pounds  : 

Resolved,  That  the  said  Sum  of  Nine  Hundred  Pounds 
be,  and  is  hereby  granted,  as  a  Tax  for  said  County  of 
Middlesex,  to  be  apportioned,  assessed,  collected  and  ap- 
plied in  manner  agreeably  to  Law. 

February  20,  1793. 

Chapter  43. 

RESOLVE  ON  THE  PETITION   OF  THE  ASSESSORS  OF  THE  TOWN 
OF  GREAT  BARRINGTON. 

On  the  Petition  of  the  Assessors  of  the  Town  of  Great 
Barrington. 

Whereas  by  a  Resolve  of  the  General  Court  Passed 
July  5th  A.  D.  1784  It  appears  that  Thomas  IngersoU  of 
the  same  Great  Barrington,  was  Authorised  and  empow- 


248  Resolves,  1792.  —  Januaky  Session. 

ered  to  Collect  a  Certain  Tax  or  Assessment  of  four  hun- 
dred and  thirty  seven  Pounds  thirteen  shillings  &  four 
Pence,  which  had  been  before  that  time  Assessed  on  the 
Polls  and  Estate  of  the  Inhabitants  of  said  Town,  and 
had  been  Committed  to  one  John  Hicock  to  Collect  — 
and  whereas  the  said  Thomas  Ingersoll,  by  virtue  of  said 
Resolve  became  Chargeable,  to  the  Treasurer  of  this  Com- 
mon Wealth,  in  the  same  manner  as  tho'  the  said  Tax  or 
Assessment  had  been  Originally  Committed  to  him  the 
said  Thomas  to  Collect :  Therefore  Resolved  that  the 
Treasurer  of  the  Common  Wealth  Govern  himself  Ac- 
cordingly and  that,  he  Recall,  his  Warrant  directing  the 
Assessors  of  said  Town,  to  Assess  the  sum  of  £424  14  2 
Part  of  the  aforesaid  sum,  as  mentioned  in  said  Petition. 

February  20,  1793. 

Chapter  43. 

RESOLVE  ON  THE  PETITION  OF  GEORGE  HAMLIN,  AUTHORIZ- 
ING THE  SHERIFF  OF  THE  COUNTY  OF  SUFFOLK  TO  DIS- 
CHARGE  HIM  FROM   HIS   CONFINEMENT. 

On  the  Petition  of  George  Hamlin  praying  to  be  dis- 
charged from  an  Execution  issued  against  him  as  surety 
in  a  Recognizance  for  John  Just  Geyer. 

Resolved  for  the  reasons  set  forth  in  said  petition  that 
the  Sheriff  for  the  County  of  Suffolk  be  and  hereby  is 
authorized  and  directed  to  discharge  the  said  Hamlin 
from  his  confinement  and  to  suffer  him  to  go  at  large. 

February  21,  1793. 

Chapter  44. 

RESOLVE  ON  THE  PETITION  OF  ISAAC  PARSONS,  ESQR.  DIRECT- 
ING THE  TREASURER  TO  ISSUE  A  NEW  NOTE,  IN  FAVOUR 
OF  MARY  ELLIS,  IN  LIEU  OF  A  NOTE    LOST. 

On  the  petition  of  Isaac  Parsons  Esqr.  praying  that  the 
treasurer  of  this  Commonwealth  may  be  Directed  to  Issue 
a  new  Note  in  favour  of  his  Wife  Mary,  (formerly  Mary 
Ellis,)  in  lieu  of  one  that  is  said  to  have  been  lost. 

Resolved,  that  the  prayer  of  said  Petition  be  granted, 
and  the  Treasurer  is  hereby  directed  to  Issue  a  new  Note 
in  favour  of  said  Mary,  of  the  same  tenor  and  date  as 
that  in  the  petition  mentioned,  that  is  to  say,  for  the  sum 
of  sixty  two  pounds  two  shillings  and  two  pence  number 
11344  bearing  date  Feby.  1st  1783,  with  an  indorsment 
of  nine  months  Interest  thereon :  the  said  Isaac  Parsons 


Resolves,  1792.  —  January  Session.  249 

giving  Bond  with  two  sufficient  Sureties  to  the  Treasurer, 
to  indemnity  the  Commonwealth  against  any  Demand  that 
may  hereafter  arise  against  it,  by  Virtue  of  the  note  said 
to  be  lost  as  aforesd,  in  Case  the  same  should  be  found. 

February  21,  1793. 

Chapter  44a.* 

ORDER  ON  THE  PETITION  OF  DANIEL  BIXBY  AND   OTHERS. 

On  the  petition  of  Daniel  Bixby  and  others  proprietors 
in  a  certain  tract  of  Woodland  commonly  called  Willis's 
Woodland  in  the  town  of  Boxford  in  the  County  of 
Essex  praying  for  an  Act  of  incorporation. 

Ordered  that  the  prayer  of  said  petition  be  so  far 
granted  that  the  said  Daniel  Bixby  and  others  give  public 
notice  to  the  several  proprietors  of  said  land  b}^  publish- 
ing an  attested  copy  of  their  said  petition  with  this  order 
of  Court  thereon  in  the  Salem  Gazette  printed  by  Thomas 
C.  Cushing,  thirty  days  at  least  previous  to  the  second 
Wednesday  of  the  next  session  of  the  General  Court 
that  said  proprietors  may  appear  on  said  day  and  shew 
cause,  if  any  they  have,  why  the  prayer  of  said  petition 
should  not  be  granted.  February  21  y  1793. 

Chapter  45. 

RESOLVE  ABATING  TAXES  TO  THE  TOWN  OF  HEBRON. 

On  the  Petition  of  the  Selectmen  of  the  Town  of 
Hebron  praying  for  the  Abatement  of  sundry  Taxes. 

Resolved  for  reasons  set  forth  in  said  Petition  that  the 
Town  of  Hebron  be  &  hereby  is  abated  the  following 
Taxes,  vizt.  Tax  No  Six,  eight  &  nine  amounting  in  the 
whole  to  the  Sum  of  forty  Six  pounds  nineteen  shillings 
&  eleven  pence,  provided  the  same  be  applied  to  the  pur- 
pose of  maintaining  a  public  School  or  Schools  in  said 
Town  within  one  year  from  the  first  day  of  April  next,  in 
such  way  &  manner  as  sd.  Town  shall  think  best,  &  the 
Treasurer  of  this  Commonwealth  is  hereby  directed  to 
discharge  sd.  Town  of  Hebron  of  sd.  Taxes  upon  a  Certif- 
icate being  produced  within  the  Term  abovementioned, 
signed  by  the  Town  Clerk  &  Selectmen  shewing  that  the 
aforesaid  sum  has  been  so  expended. 

February  22,  1793. 

*  Not  printed  in  previous  editions.    Talcen  from  court  record. 


250  Resolves,  1792.  —  January  Session. 

Chapter  46. 

RESOLVE  GRANTING  A  TAX  TO  THE  COUNTY  OF  BARNSTABLE. 

Whereas  the  Treasurer  of  ye  County  of  Barnstable,  has 
laid  his  accounts  before  the  General  Court,  in  manner  by 
Law  prescribed,  which  Accounts  are  hereby  allowed ;  ex- 
cepting six  pounds  three  shillings  being  two  County  Taxes 
on  Province  Town : 

And  Whereas  the  Clerk  of  ye  Court  of  ye  General 
Sessions  of  ye  Peace  for  ye  County  aforesaid,  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  cur- 
rent year,  amounting  to  one  hundred  and  Thirty  Pounds  : 

Resolved,  That  the  said  Sum  of  one  hundred  and  Thirty 
Pounds,  be,  and  is  hereby  granted,  as  a  Tax  for  said 
County  of  Barnstable,  to  be  apportioned.  Assessed,  col- 
lected, and  applied  in  manner  agreeably  to  Law. 

February  23,  1793. 

Chapter  47. 

RESOLVE   ON   THE  PETITION   OF  JABEZ  WHITING. 

On  the  petition  of  Jabez  Whiting  praying  that  the 
Treasurer  be  directed  to  Issue  to  him  a  State  Note  of  the 
Value  of  one  which  was  issued  to  Nathaniel  Gilson  which 
the  petitioner  conceives  to  have  been  consumed  by  fire. 

Resolved  that  the  prayer  of  said  petition  be  granted 
and  that  the  Treasurer  of  this  Commonwealth  be  and  he 
hereby  is  directed  to  issue  to  the  said  Jabez  Whiting  a 
consolidated  Note  dated  January  1782,  for  fifteen  pounds 
sixteen  Shillings  and  Nine  pence  with  interest,  and  to 
indorse  on  the  same  as  much  intrest  as  has  been  paid 
upon  the  Original  Note,  he  the  said  Jabez  Whiting  giv- 
ing bond  with  suflficient  sureties  to  the  Treasurer  of  this 
Commonwealth  to  refund  the  same  whenever  the  aforesaid 
Note  which  is  supposed  to  have  been  consumed  by  fire 
shall  be  produced  at  the  Treasurer's  Office. 

February  23,  1793. 


Resolves,  1792.  —  January  Session.  251 


Chapter  48. 

RESOLVE  ON  THE  PETITION  OF  JOAB  BELDING,  DIRECTING  THE 
TREASURER  TO  ISSUE  HIS  NOTE,  THE  WAGES  HAVING  BEEN 
DRAWN  NOTWITHSTANDING. 

On  the  Petition  of  Joab  Belding  a  Soldier  in  Colo. 
Greaton's  Regt.,  Setting  forth  that  his  wages  were  drawn 
by  a  forged  Order,  and  praying  Compensation  therefor. 

Resolved  that  the  prayer  thereof  be  Granted  and  that 
the  Treasurer  be  and  he  is  hereby  directed  to  Issue  his 
Note  to  the  Said  Joab  Belding  a  Soldier  in  Colo.  Grea- 
ton's Regt. ,  in  the  Same  way  and  manner,  as  other  Soldiers 
are  paid,  the  Wages  having  been  drawn  by  a  forged 
Order  Notwithstanding.  February  25,  1793. 

Chapter  49. 

RESOLVE  ON  THE  PETITIONS  OF  DANIEL  BROWN,  JABEZ  VAUGHN, 
AND   OTHERS. 

On  Several  Petitions  of  Daniel  Brown  Jabez  Vaughn 
and  others,  praying  for  Compensation  from  this  Common- 
wealth for  Lands  taken  from  the  Petitioners  by  the  settle- 
ment of  the  Line  between  this  State  and  the  State  of 
New  York. 

Resolved  that  the  Prayer  of  the  Petition  be  so  far 
granted  That  Tompson  J.  Skinner,  Esqr.  Timothy  Ed- 
wards &  Nathl.  Bishop  Esqrs.  be  a  Committee  to  view 
the  said  Lands  so  taken  from  the  Petitioners  by  the  State 
of  New  York,  appraize  the  Damages,  and  make  report  at 
the  first  Session  of  the  next  General  Court  —  the  sd. 
Committee's  charge  for  time  &  expences  to  be  paid  by 
the  Petitioners  — 

and  he  it  further  Resolved  that  the  Treasurer  be  and 
herby  is  ordered  to  stay  Proscecution  of  a  Certain  Bond 
which  he  has  in  his  Hands  in  favour  of  this  Common- 
wealth Against  Asa  Douglass  and  Samuel  Brown  untill 
the  End  of  the  next  Sessions  of  the  General  Court,  and 
that  the  former  Committe  appointed  to  this  Service  be  & 
hereby  are  discharged.  February  25,  1793. 

Chapter  50. 

RESOLVE  ON  THE   PETITION  OF  RICHARD  WILLIAMS. 

On  the  Petition  of  Richard  Williams  praying  that  he 
may  Recieve  the  wages  due  to  his  Son  Joshua  Williams 


252  Resolves,  1792.  —  January  Session. 

a  Soldier  in  Colo.  Shepards  Regt.  who  died  in  the  Ser- 
vice. 

Resolved  that  John  Demming  Esqr.  be  and  he  hereby 
is  directed  to  Certify  to  the  Governor  and  Council  the 
pay  or  arrears  of  pay  due  to  the  sd.  Joshua  Williams  for 
his  Services  as  a  Soldier  in  Colo.  Shepard's  Regt.,  and 
the  Treasurer  is  directed  on  receiving  warrant  therefor 
to  Issue  his  Notes  for  the  Same,  in  the  way  and  manner  as 
has  been  practiced  to  other  Soldiers.    February  25,  1793. 

Chapter  51. 

RESOLVE   ON  THE  PETITION  OF  JONATHAN  GARDNER. 

On  the  Petition  of  Jonathan  Gardner  praying  that  he 
may  Recieve  the  wages  due  to  him  as  a  Soldier  in  Colo. 
Smith's  Regt. 

Resolved  that  John  Demming  Esqr.  be  and  he  hereby 
is  directed  to  Certify  to  the  Governor  and  Council,  the 
pay  or  arrears  of  pay  due  to  the  Said  Jonathan  Gardner 
for  his  Services  as  a  Soldier  in  Colo.  Smiths  Regt.  and 
the  Treasurer  On  receiveing  the  Governor's  Warrent 
therefor,  is  directed  to  Issue  his  Note  for  the  Same,  in 
the  way  and  manner  as  has  been  practiced  to  other  Sol- 
diers. February  25,  1793. 

Chapter  52. 

RESOLVE   ON  THE    PETITION  OF  CALVEN  HALL. 

On  the  Petition  of  Calven  Hall  praying  that  he  May 
Recieve  the  wages  due  to  Luther  Hall  Deceased,  a  Sol- 
dier in  Colo.  Voses  Rest. 

Resolved  that  John  Demming  Esqr.  Certify  to  the 
Governor  and  Council  in  favour  of  the  Lawful!  heirs  of 
Luther  Hall,  the  pay  or  arrears  of  pay  due  to  the  Said 
Luther  Hall  for  his  Services,  as  a  Soldier  in  Colo.  Vose's 
Regt.,  and  the  Treasurer  is  directed  to  pay  the  Sum  so 
Certified  in  the  Same  way  and  manner  as  other  Soldiers 
Under  like  Circumstances  have  been  paid. 

February  25,  1793. 

Chapter  53. 

RESOLVE    ON    THE    PETITION    OF    ROBERT    HARRINGTON,    DIS- 
CHARGING A  DEBT  DUE  ON  A  BOND. 

On  the  Petition  of  Robert  Harrington.  Resolved  (for 
reasons  Set  forth  in  Said  Petition)  that  the  Debt  due  from 


Resolves,  1792.  —  January  Session.  253 

the  Said  Robert  Harrington  on  a  Bond,  given  by  him  to 
"William  Pepperel  late  of  Roxbury  a  Conspirator,  which 
is  now  the  Property  of  this  Commonwealth  be  and  hereby 
is  Discharged  and  the  Action  Commencd.  on  Said  Bond 
against  John  Tuttle  Junior  one  of  the  Sureties  of  the  Said 
Harrington  in  behalf  of  the  Commonwealth  1)e  Discon- 
tinued and  the  Attorney  General  or  Agent  is  hereby  Di- 
rected to  Deliver  Said  Bond  to  Said  Robert  Harrington 
on  his  paying  the  Costs  already  arisen  on  Said  Suit. 

February  25,  1793. 

Chapter  54. 

RESOLVE  REQUESTING  THE  GOVERNOR  AND  COUNCIL  TO  EX- 
AMINE THE  ACCOUNTS  OF  THE  PERSONS  WITH  WHOM  THE 
TREASURER  MAY  CONTRACT  FOR  SUPPLIES  TO  THE  GARRI- 
SON AND  CONVICTS  ON  CASTLE  ISLAND,  AND  REQUESTING 
GOVERNOR  TO  DRAW  HIS  WARRANT  THEREFOR  ON  THE 
TREASURER  QUARTERLY. 

liesolved,  that  his  Excellency  the  Governor,  and  the 
Council  be,  and  they  hereby  are  requested  to  examine  the 
Accounts  &  vouchers  of  the  persons  with  whom  the  Treas- 
urer may  Contract  for  supplying  the  Garrison  and  Con- 
victs on  Castle  Island  pursuant  to  a  Resolve  passed  the 
13th  Instant  —  And  his  Excellency  the  Governor  with 
Advice  of  Council  is  also  requested  to  draw  his  Warrant 
quarter  yearly  on  the  Treasury  for  the  sums  of  money 
they  shall  find  due,  agreeable  to  the  Contract  to  be  made 
as  aforesaid.  February  25,  1793. 

Chapter  55. 

RESOLVE  ON  THE  PETITION  OF  ELISHA  PORTER,  ESQ.  SHERIFF 
OF  THE  COUNTY  OF  HAMPSHIRE. 

On  the  Petition  of  Elisha  Porter  Esqr.  Sheiifl'  of  the 
County  of  Hampshire  praying  for  a  longer  Time  to  pay 
the  ballance  due  from  him  on  Executions  for  Taxes  prior 
to  Tax  No.  6. 

Resolved,  That  the  said  Elisha  Porter  Esqr.  be  and  he 
is  hereby  allowed  a  further  Time  till  the  first  Day  of  June 
next  to  compleat  and  pay  into  the  Treasury  the  whole  re- 
maining ballance  due  on  Executions  as  aforesaid,  prior  to 
Tax  No.  6.  February  25,  1793, 


254  Resolves,  1792.  —  January  Session. 


Chapter  56, 

RESOLVE  ON  THE  PETITION  OF  MARY  THATCHER,  EMPOWERING 
HER  TO  MAKE  SALE  OF  REAL  ESTATE. 

On  the  petition  of  Mary  Thatcher  Administratrix  on 
the  estate  of  Samuel  Thatcher  Esquire  late  of  Cambridge 
deceased. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
the  said  Mary  Thatcher  be  and  she  is  hereby  authorized 
&  empowered  to  make  sale,  either  by  public  Auction  or 
otherwise,  of  all  the  real  estate  of  Samuel  Thatcher  & 
Ebenezer  Thatcher  Minors  &  Children  of  the  said  de- 
ceased, lying  in  the  Town  of  Cambridge  which  descended 
to  them  from  their  said  Father  for  the  most  that  can  be 
obtained  for  the  same  ;  and  for  that  purpose  to  act  in  con- 
junction wdth  the  other  Owners  of  the  real  Estate  of  the 
said  deceased,  or  separately,  in  the  same  manner  as  the 
said  minors  might  do  were  they  of  full  age.  And  the  said 
Mary  Thatcher  is  hereby  authorized  &  empowered  to 
make  and  execute  a  good  &  sufficient  deed  or  deeds  of  the 
said  Minor's  parts  of  the  said  estate  to  the  purchaser  or 
purchasers  thereof,  provided  the  said  Mary  Thatcher  first 
give  Bond  with  sufficient  sureties,  to  the  Judge  of  Probate 
of  the  County  of  Middlesex,  to  apply  the  proceeds  of  the 
said  minor's  estate  to  their  use  respectively ;  and  to  ac- 
count for  the  same  in  manner  as  Guardians  are  by  Law 
required  to  do.  February  23,  1793. 


Chapter  57. 

RESOLVE  ON  THE  PETITION  OF  JACK  CANADY,  DIRECTING  THE 
TREASURER  TO  ISSUE  HIS  NOTES,  THE  AVAGES  HAVING  BEEN 
DRAAVN  NOTWITHSTANDING. 

On  the  Petition  of  Jack  Canady  a  Soldier  in  Colo. 
Brook's  Regt.  Setting  forth  that  his  wages  were  drawn 
by  a  forged  Order  and  praying  Compensation  therefor. 

Resolved  that  the  prayer  thereof  be  Granted,  and  that 
the  Treasurer,  be  and  he  is  here  by  directed  to  Issue  his 
Notes  to  the  said  Jack  Canady  a  Soldier  in  Colo.  Brook's 
Regt.  in  the  Same  way  and  manner,  as  has  been  practiced 
to  other  Soldiers  the  wages  having  been  drawn  by  a 
forged  order  Notwithstanding.  February  25,  1793. 


Resolves,  1792.  —  January  Session.  255 


Chapter  58. 

RESOLVE  ON  THE  PETITION  OF  JAMES  TOBIN,  BY  HIS  ATTOR- 
NEY, H.  G.  OTIS,  ALLOWING  HIM  THE  AMOUNT  OF  THE  PRIZE 
DRAWN  IN  THE  SECOND  CLASS  OF  THE  SEMI-ANNUAL  LOT- 
TERY, HE  GIVING  BONDS  TO  PAY,  IN  CASE. 

On  the  Petition  of  James  Tobin  by  his  Attorney  H.  G. 
Otis  Setting  forth  that  he  was  the  Lawful  Owner  of  a 
Ticket  in  the  Second  Class  of  the  Semi  Annual  State  Lot- 
tery No.  15571,  Signed  by  Samuel  Cooper  Esqr.  which 
Drew  one  hundred  Dollars  and  Praying  to  be  paid  the 
Same. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Treas- 
ury of  this  Commonwealth  to  James  Tobin  or  his  Law- 
ful Attorney  the  amount  of  the  Prize  drawn  against  the 
Number  Specified  in  Said  Petition,  He  first  giving  bonds 
with  Sufficient  Sureties  to  the  Said  Treasurer  to  repay  the 
amount  of  the  Said  Prize  in  case  the  Said  Ticket  Should 
be  found  and  presented  for  Payment. 

February  26,  1793. 

Chapter  59. 

RESOLVE  ON  THE  PETITION  OF  WILLIAM  JENNISON,  GRANTING 
£.15  8  4,  WITH  INTEREST,  ON  CONDITION, 

On  the  petition  of  William  Jennison  praying  payment 
of  a  note  due  from  Ed'd.  G.  Lutwyche  for  the  sum  of  Fif- 
teen pounds  Eight  shillings  &  four  pence. 

Resolved  that  there  be  allowed  &  paid  out  of  the  treas- 
ury of  this  Commonwealth  to  William  Jennison  the  sum 
of  Fifteen  pounds,  Eight  shillings  &  four  pence  with  In- 
terest from  the  date  of  said  Note  on  condition  of  his  en- 
dorsing &  delivering  into  the  treasury  the  note  of  said 
Edward  G.  Lutwyche  for  that  amount. 

February  26,  1793. 

Chapter  60. 

RESOLVE  ON  THE  PETITION  OF  ISRAEL  JONES,  ADMINISTRATOR 
ON  THE  ESTATE  OF  ELISHA  JONES,  AUTHORIZING  HIM  TO 
MAKE  A  GOOD  AND  SUFFICIENT  DEED  TO  ASA  WILLMARTH. 

On  the  Petition  of  Israel  Jones  administrator  on  [on] 
the  estate  of  Elisha  Jones  late  of  Weston  in  the  County 
of  Middlesex  Esqr.,  Deceased. 


256  Resolves,  1792.  —  January  Session. 

Resolved  for  reasons  set  forth  in  said  Petition  that  the 
said  Israel  Jones  be  and  he  is  hereby  authorised  and  im- 
powered  in  his  said  Capacity  as  administrator  to  make  and 
execute  to  Asa  Willmarth  a  good  and  sufficient  Deed  of 
the  north  half  of  second  Division  Lot  No.  three  in  Adams 
aforesaid  —  and  also  a  deed  to  Thomas  Powers  Heir  to 
John  Powers  Deceased  of  lot  No.  fourteen  of  the  second 
Division  of  lots  in  sd.  Town  of  Adams  and  the  said  Deeds 
made  and  Executed  as  aforesaid  by  the  said  Israel  shall 
be  good  and  valid  to  all  intents  and  purposes  as  tho  the 
said  Conveyance  had  been  made  by  the  said  Elisha  in  his 
life  time.  February  27,  1793. 

Chapter  61. 

RESOLVE  ON  THE  PETITION  OF  JACOB  COMMINGS,  JUN.  GRANT- 
ING HIM  £.24  6  10,  AS  A  COMPENSATION  FOR  A  CERTAIN  SUM 
PAID  TO  SHERIFF  GREENLEAF,  ON  NO.  4  TAX. 

On  the  Petition  of  Jacob  Commings  Junr.  of  Sutton 
praying  for  a  Compensation  for  the  sum  of  thirty  eight 
Pounds  nine  shillings  and  nine  pence  paid  to  Sheriff 
Greenleaf  on  No.  4  Tax  which  sum  does  not  appear  to  be 
endorsed  on  the  execution  w^iich  said  Sheriff  had  against 
said  Commings  in  favour  of  this  Commonwealth.  There- 
fore 

Resolved  that  the  prayer  of  the  Petition  be  so  far 
granted  that  there  be  allowed  &  paid  out  of  the  treasury 
of  this  Commonwealth  to  the  said  Jacob  Commings  Junr. 
the  sum  of  Twenty  four  Pounds  six  shillings  and  ten 
pence  in  full  for  the  aforesaid  sum.      February  27,  1793. 

Chapter  62. 

RESOLVE  DIRECTING  THE  COMMITTEE  FOR  THE  SALE  OF  EAST- 
ERN LANDS,  TO  EXECUTE  DEEDS  OF  CONVEYANCE  AND  CON- 
FIRMATION OF  SEVERAL  GRANTS  OF  TOWNSHIPS  AND  TRACTS 
OF  LAND  FOR  THE  ENCOURAGEMENT  OF  LITERATURE. 

Whereas  several  grants  of  Townships  and  Tracts  of 
Land  have  been  &  may  be  made  by  this  Court  —  for  the 
encouragement  of  Litarature  in  the  various  parts  of  the 
Comonwealth  : 

Resolved  that  all  the  Lands  which  have  ben  or  may  be 
granted  for  the  purpose  aforesaid  be  located  under  the 
direction  of  the  Committee  for  the  sale  of  Eastern  lands 
and  that  said  Committee  —  be  and  hereby  are  authorised 


Resolves,  1792.  —  January  Session.  257 

&  impowered  to  execute  Deeds  of  conveyance  and  con- 
firmation of  the  same  conformably  to  the  conditions  of 
such  grants.  February  28,  1793. 

Chapter  63a.* 

ORDER  ON  THE  PETITION  OF  ZACCHEUS  CROCKER. 

On  the  petition  of  Zaccheus  Crocker. 

Ordered  that  tlie  said  Zaccheus  Crocker  notify  the 
inhabitants  of  said  Town  of  Sunderland  by  leaving  an 
attested  copy  of  his  said  petition  with  this  order  thereon 
with  the  town  Clerk  of  said  Sunderland  sixty  days  before 
the  second  Wednesday  of  the  next  session  of  the  General 
Court,  in  order  that  said  town  of  Sunderland  may  then 
appear  and  shew  cause,  if  any  they  have,  why  the  prayer 
of  said  petition  shall  not  be  granted. 

February  28,  1793. 

Chapter  63. 

RESOLVE  ON  THE  PETITION  OF  JOSIAH  JONES  AND  OTHERS, 
EMPOWERING  THE  JUDGE  OF  PROBATE  TO  GRANT  LETTERS 
OF  ADMINISTRATION. 

On  the  Petition  of  Josiah  Jones  and  others.  Resolved 
that  the  Judge  of  Probate  within  and  for  the  County  of 
Berkshire  have  power  to  Grant  a  letter  of  Administration 
on  the  Estate  of  Josiah  Jones  late  of  Stockbridge,  more 
than  twenty  years  since  deceased,  and  not  previously 
legally  divided  and  that  such  Administrator  have  power 
to  sell  and  convey  by  deed  any  such  real  Estate  of  said 
deceased  under  the  rules  and  regulations  of  law  made  and 
provided  for  the  sale  of  real  estate  of  minors  any  law  to 
the  contrary  notwithstanding.  February  28,  1793. 

Chapter  63a.* 

ORDER  ON  THE  PETITION  OF  JEREMIAH  "WHITE  AND  OTHERS. 

On  the  petition  of  Jeremiah  White  and  others. 

Ordered  that  the  petitioners  notify  the  town  of  Ab- 
ington  by  leaving  an  attested  copy  of  their  petition  with 
this  order  thereon  with  the  town  Clerk  of  said  Abington 
forty  days  before  the  first  Tuesday  of  the  next  sitting  of 
the  General  Court  that  said  town  of  Abington  may  then 

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


258  Resolves,  1792.  —  Ja:nuary  Session. 

appear  and  shew  cause,  if  any  they  have,  why  the  prayer 
of  said  petition  shall  not  be  granted. 

February  28,  1793. 

Chapter  64. 

RESOLVE  ON  THE  PETITION  OF  BENJAMIN  BASSETT,  IN  BEHALF 
OF  THE  TOWN  OF  CHILMARK,  DIRECTING  THE  TREASURER 
TO  CREDIT  SAID  TOWN  WITH  £.338  16  2,  BEING  THE  AMOUNT 
OF  THE  BALLANCES  DUE  ON  TAXES  FOR  THE  YEARS  1777 
AND   1778. 

On  the  Petition  of  Benjamin  Bassett,  in  behalf  of  the 
Town  of  Chilmark  praying  for  an  abatement  of  the  bal- 
ances due  from  said  Town  to  this  Commonwealth  on  the 
taxes  for  the  years  1777  and  1778. 

Resolved  that  the  pra^^er  of  said  Petition  be  granted 
and  that  the  Treasurer  of  this  Common  wealth  be  &  hereby 
is  directed  to  credit  the  said  Town  of  Chilmark  with  the 
sum  of  three  hundred  &  thirty  eight  pounds  sixteen  shil- 
lings and  two  pence  being  the  amount  of  the  balances 
due  on  taxes  for  the  years  1777  &  1778. 

February  28,  1793. 

Chapter  64a.* 

ORDER  ON  THE  PETITION  OF  THOMAS  SMITH  AND  OTHERS. 

On  the  petition  of  Thomas  Smith  and  others. 

Ordered  that  the  petitioners  notify  the  town  of  Tisbury 
by  leaving  an  attested  copy  of  their  said  petition  with 
this  order  thereon  with  the  town  Clerk  of  Tisbury  forty 
days  before  the  second  Tuesday  of  the  next  sitting  of  the 
General  Court,  that  they  may  then  appear  and  shew 
cause  if  any  they  have  why  the  prayer  of  said  petition 
shall  not  be  granted.  February  28,  1793. 

Chapter  65. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  GREAT- 
BARRINGTON,  GRANTING  £.10  0  8,  FOR  POWDER  AND  LEAD 
USED  IN  GOVERNMENT  SERVICE  IN  THE  YEAR  1787. 

On  the  Petition  of  the  Select  Men  of  the  Town  of 
Great  Barrington,  Praying  payment  for  one  hundred 
Pounds  of  Powder  and  a  Quantity  of  Lead,  used  in  Gov- 
ernment service  in  the  year  AD  1787. 

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


Resolves,  1792.  —  January  Session.  259 

Resolved  that  the  Prayer  of  said  Petition  be  granted, 
and  that  there  be  Allowed  and  Payed,  out  of  the  Treasurey 
of  [of]  this  Common  Wealth,  to  the  Inhabitants  of  said 
Town  of  Great  Barrington,  the  sum  often  Pounds  and  eight 
Pence,  in  full  for  all  the  Powder  and  Lead,  found  and 
Provided  in  manner  aforesaid  as  set  forth  in  said  Petition. 

March  1,  1793. 

Chapter  66. 

RESOLVE  ON  THE  PETITION  OF  MOSES  COOPER,  COLLECTOR  FOR 
THE  TOWN  OF  NEWBURY,  DIRECTING  HIM  TO  PAY  £.3  12,  FOR 
TAXES  COMMITTED  TO  HIM  TO  COLLECT  FOR  THE  YEAR  1779. 

On  the  Petition  of  Moses  Cooper  Collector  for  the 
town  of  Newbury  Praying  that  some  irregularities  in  the 
Treasurer's  Book  might  Be  Rectified. 

Resolved  for  Reasons  set  forth  in  said  Petition  that 
Moses  Cooper  Collector  for  the  town  of  Newbury  Pay 
into  the  treasurer's  office  of  this  Commonwealth  the  sum 
of  three  Pounds  twelve  shillings  which  shall  Be  in  full  for 
taxes  Comitted  to  him  to  Colect  for  the  year  1779. 

March  1,1793. 

Chapter  67. 

RESOLVE  ON  THE  PETITION  OF  THE  INHABITANTS  OF  CONWAY. 

On  the  Petition  of  the  Inhabitants  of  the  Town  of 
Conway  praying  for  a  further  time  to  pay  certain  Taxes 
in  said  Petition  mentiond. 

Resolved  for  Reasons  Set  forth  in  Said  Petition  that 
the  Inhabitants  of  the  Town  of  Conway  be  allowed  a 
further  time  of  twelve  Months  from  the  passing  this  Re- 
solve for  the  payment  of  the  remaining  Sums  due  on 
Taxes  number  four  and  number  five,  and  the  Treasurer 
of  this  Commonwealth  is  directed  to  govern  himself  ac- 
cordingly. March  4,  1793. 

Chapter  68. 

RESOLVE   ON  THE  PETITION  OF  TIMOTHY  PARSONS. 

On  the  Petition  of  Timothy  Parsons  praying  that  the 
Sum  of  One  hundred  Pounds,  which  He  represents  to 
have  been  paid  to  the  Commonwealth  by  him  on  an 
Execution   issued   on   a  forfeited   Recognizance   for   the 


260  Resolves,  1792.  —  January  Session. 

Appearance  of  his  Brother  David  Parsons,  agreably  to 
a  Judgment  of  the  Supreme  Judicial  Court  holden  at 
York  in  the  County  of  York  on  the  fourth  Tuesday  of 
June  AD  1791,  may  be  repaid  him. 

Resolved  for  the  reasons  set  forth  in  said  petition  that 
the  prayer  thereof  be  so  far  granted  as  that  there  be 
allowed  &  paid  out  of  the  Treasury  of  this  Common- 
wealth to  the  Said  Timothy  Parsons  the  Sum  of  Sixty 
Pounds  ;  He  first  i)roducing  Satisfactory  Evidence  to  the 
Governour  &  Council  that  Said  Execution  bareing  date 
14th  July  1791,  for  the  Sum  of  one  hundred  pounds 
Debt  &  five  Pounds  thirteen  shillings  &  two  pence  cost, 
has  been  fully  Satisfy'd :  &  the  Governour  with  the  Ad- 
vice of  Council  is  hereby  requested  to  issue  his  "VVar- 
Tant  accordingly.  March  4,  1793. 

Chapter  69. 

RESOLVE  ON  THE  PETITION  OF  AZUBAH  BALDWIN  EMPOWER- 
ING HER  TO  MAKE   SALE   OF  ESTATE. 

On  the  Petition  of  Azubah  Baldwin  praying  for  Lib- 
erty to  make  Sale  of  some  Real  Estate  in  the  Town  of 
Gerry;  lately  belonging  to  Henry  Baldwin  deceasd.,  for 
the  Benefit  of  his  Children. 

Resolved  that  the  Prayer  of  the  Petition  be  granted  & 
that  the  Said  Azubah  Baldwin  Guardian  to  the  Children 
of  the  sd.  Henry  Baldwin  is  hereby  Appointed  Author- 
ised &  Impowered  to  make  Sale  of  the  one  half  of  a 
twenty  acre  pasture  lying  in  the  Town  of  Gerry  which 
has  been  Inventoried  &  appraised  at  the  sum  of  Twenty 
two  pounds  ten  shillings,  in  said  Petition,  At  publick  Ven- 
due ;  she  observing  in  every  Respect  the  Rules  &  Regu- 
lations established  by  Law  to  be  observed  by  Executors 
And  Administrators  &  Guardians,  who  Obtain  Licence 
from  the  Supreme  Judicial  or  any  Court  of  Common  Pleas 
for  the  sale  of  any  real  Estate  &  upon  such  Sale  to  make 
&  execute  good  and  Sufficient  Deed  or  Deeds  to  the  Pur- 
chaser or  purchasers  thereof.  March  4,  1793. 

Chapter  70. 

RESOLVE  ON  THE  PETITION  OF  THE   TOWN  OF  MARBLEHEAD. 

On  the  Memorial  of  the  Inhabitants  of  the  Town  of 
Marblehead. 

Whereas  the  deficiencies  of  the  Public  Taxes  herein- 


Resolves,  1792.  —  January  Session.  261 

after  mentioned  now  due  from  the  said  Town,  appear  to 
be  the  miavoidable  consequences  of  their  sufferings  in  the 
late  War,  and  of  the  ill  success  of  their  trade  and  con- 
cerns through  the  course  of  several  years  since  the  Peace  ; 
and  for  the  relief  of  that  Town  under  circumstances  of 
great  embarrassment,  by  their  Town  Debts  and  otherwise  : 
Resolved,  that  there  be  abated  to  the  said  Town,  and 
credited  to  them  in  the  Books  of  the  Treasury  by  virtue 
of  this  Resolve,  all  the  deficiencies  of  Public  Taxes  prior 
to,  and  including  No.  6.  Tax,  for  which  the  said  Town 
remains  in  any  part  chargeable  in  the  said  Treasury : 
And  the  several  Assessments  of  the  said  Taxes,  shall  be 
revised  by  the  Assessors  of  the  said  Town,  and  all  reason- 
able and  charitable  abatements  shall  be  made  to  the  indi- 
viduals liable  upon  such  Assessments,  according  to  the 
judgment  of  the  said  Assessors,  and  the  remainder  thereof 
shall  be  collected  for  the  Use  of  the  said  Town,  by  the 
Collectors  now  holding  the  said  Assessments,  or  other 
Collectors  to  be  duly  appointed  for  that  purpose.  And 
all  sums  of  money  already  received  upon  such  Assess- 
ments by  any  Collector,  and  not  accounted  for  by  him, 
shall  be  likewise  paid  to  the  said  Town  and  shall  be 
recoverable  by  them  as  their  proper  Debt.  And  all  sums 
of  money  due  from  Individuals  upon  the  said  Assess- 
ments, shall  and  may  be  recovered  in  the  name  of  the 
said  Inhabitants  and  as  their  proper  Debt,  by  any  Action 
or  Suit  to  be  brought  therefor,  after  three  months  notice 
of  the  Tax  or  Assessment  remaining  due  after  such  re- 
vision. March  4,  1793. 

Chapter  71. 

RESOLVE    ON    THE    PETITION  OF    HANNAH  MOUNTAGUE,  JOHN 
CHESTER  WILLIAMS,  AND  SARAH,   HIS  WIFE. 

On  the  petition  of  Hannah  Mountague,  John  Chester 
Williams  &  Sarah  his  Wife. 

Resolved,  that  for  the  reasons  set  forth  in  their  petition 
—  The  prayer  of  the  petitioners  be  granted  —  and  that 
the  said  John  Chester  Williams,  &  Sarah  his  wife  be,  and 
they  hereby  are  impowered  to  Make  and  execute  a  war- 
ranty Deed  in  fee  Simple  of  a  lot  of  land  the  Estate  of 
Nathl.  Montague  late  of  Hadl[l]ey  deed,  lying  in  said 
Hadley  in  the  skirts  of  Forty  Acres  so  called,  containing 
eleven  Acres  —  to  the  Devisees  of  the  said  Oliver  Warner 
therein  named.  March  4,  1793. 


262  Resolves,  1792.  —  January  Session-. 

Chapter  72. 

RESOLVE   ON  THE  PETITION  OF  JOSEPH  HENDERSON. 

On  the  Petition  of  Joseph  Henderson  praying  Allow- 
ance, of  his  Account  accompanying  said  Petition. 

Resolved  that  the  prayer  of  said  Petition  be  so  far 
granted,  that  said  Account  be  laid  before  the  Committee 
on  Accounts  for  examination  &  allowance,  if  they  see 
cause,  any  law  to  the  Contrary  no [^] withstanding. 

March  4,  1793. 

Chapter  73. 

ORDER  FOR  NOTIFYING  PROPRIETORS  OF  LAND  IN  HAMPSHIRE 
COUNTY,  CALLED  ERVING'S   GRANT,  TO  SHEW  CAUSE. 

Ordered  that  the  Proprietors  of  a  tract  of  Land  in  the 
County  of  Hampsliire  lying  between  the  Towns  of  North- 
field  and  Montague  and  not  in  any  Town  known  by  the 
Name  of  Erving's  Grant,  and  the  Inhabitants  of  the  Town 
of  Northfield  aforesd.  be  notified  to  Shew  Cause  if  any 
they  have  on  the  third  Wednesday  of  the  next  Sessions 
of  the  Genl.  Court  why  said  Grant  of  Land  should  not 
be  annexed  to  the  Town  of  Northfield.  And  that  the  Sec- 
retary be  &  he  hereby  is  directed  to  publish  this  Order  in 
the  Boston  Chronicle  and  Greenfield  Gazette  three  Weeks 
successively  previous  to  the  third  Wednesday  of  the  Next 
Session  of  the  Genl.  Court.  March  4,  1793. 

Chapter  74. 

RESOLVE  ON  THE  PETITION  OF  ADAM  PORTER,  GUARDIAN  OF 
WILLIAM  PORTER,  A  MINOR,  AUTHORIZING  HIM  TO  MAKE 
SALE   OF  THE  LAND  MENTIONED. 

On  the  Petition  of  Adam  Porter  Gaurdian  of  William 
Porter  a  Minor  praying  that  he  may  be  authorized  to 
make  sale  of  the  Real  Estate  of  said  William  &  expend 
the  proceeds  of  such  sale,  in  the  purchase  of  other  lands 
for  the  benefit  of  said  William. 

Resolved  That  the  said  Adam  Porter,  be  &  he  hereby 
is  fully  Authorized  &  empower'd  to  Make  sale  of  said 
real  estate  in  way  &  manner  by  law  prescribed  for  the 
sale  of  lands  by  executors  and  administrators  ;  &  to  make 
&  execute  a  good  &  suflficient  deed  or  Deeds  to  the  pur- 
chaser or  purchasers  thereof,  &  lay  out  &  expend  the 


Resolves,  1792.  —  January  Session.  263 

proceeds  of  such  sale  in  the  purchase  of  other  lands  for 
the  benefit  of  said  Minors  —  Provided  that  he  the  said 
Adam  gives  bonds  with  sufficient  surety  to  the  Judge  of 
Probate  of  the  County  of  Hampshire  for  the  faithfull  dis- 
charge of  the  trust  reposed  in  him  by  this  Resolve. 

March  5, 1793. 


Chapter  75. 

RESOLVE  DIRECTING  THE  COMMITTEE  FOR  METHODIZING  PUB- 
LIC ACCOUNTS,  TO  CERTIFY  BALLANCES  DUE  TO  CERTAEST 
SOLDIERS,  AND  DIRECTING  THE  TREASURER  TO  LIQUIDATE 
TO   SPECIE   VALUE   THE   SAME. 

Mesolved  that  the  Committee  for  stating  &,  methodizins; 
public  accounts  be  directed  to  add  ten  ^  Cent  to  the 
balance  due  to  the  Officers  &  Soldiers  who  served  during 
the  War  &  to  deduct  twenty  ^  Cent  from  the  balance  due 
to  the  OflScers  &  Soldiers  who  served  three  years,  &  to 
certify  the  balance  thus  ascertained  to  the  Governor  & 
Council,  &  his  Excellency  the  Governor  with  advice  of 
Council  is  hereby  requested  to  draw  his  Warrant  on  the 
Treasurer  for  the  same  —  &  the  Treasurer  is  directed  to 
compute  interest  thereon  from  Jany.  1st,  1780  to  Jany. 
1st,  1786  &  to  issue  his  note  dated  at  the  period  last  men- 
tioned, &  of  the  same  form  as  the  consolidated  notes  have 
been  given. 

And  it  is  further  Resolved  that  the  Treasurer  be  &  he 
hereby  is  directed  to  continue  to  liquidate  to  specie  value 
on  the  same  principles  as  has  been  heretofore  practiced 
all  Notes  given  and  Warrants  drawn  in  Old  Currency, 
that  may  be  presented  to  him  for  liquidation,  &  to  com- 
pute the  interest  due  on  the  Notes  &  Warrants  thus  liqui- 
dated to  the  first  day  of  January  1786  &  for  the  principal 
&  interest  thus  liquidated  &  computed  to  issue  his  note 
of  the  same  form  as  the  consolidated  notes  are  given  bear- 
ing date  Jany.  1st,  1786  with  interest  from  said  date. 

And  Whereas  by  a  resolve  passed  Feby.  19,  1782  the 
Treasurer  is  directed,  when  the  balance  due  to  any  of  the 
Officers  &  Soldiers  of  the  Massachusetts  line  of  the  Army 
is  ten  pounds  or  between  ten  pounds  &  [&J  fifteen  pounds, 
then  to  issue  three  notes  which  unnecessarily  increases 
the  number  of  notes  : 

Resolved,  that  the  Treasurer  be  &  he  hereby  is  directed 
to  issue  one  note  for  the  whole  sum  due  to  any  of  the  offi- 


264  Resolves,  1792.  —  January  Session. 

cers  &  soldiers  aforesaid,  provided  the  person  claiming 
such  balance  shall  consent  to  the  same  any  law  or  resolve 
to  the  contrary  notwithstanding.  March  6,  1793. 

Chapter  76. 

RESOLVE  ON  THE  PETITION  OF  JOHN  VINAL,  IN  BEHALF  OF 
THE  SETTLERS  ON  FOX  ISLAND,  DISCHARGING  JOHN  CAL- 
DERWOOD  AND   OTHERS. 

On  the  Petition  of  John  Vinal  in  behalf  of  the  settlers 
on  Fox  Island,  lately  so  called,  praying  that  they  may  be 
discharged  from  the  balance  of  thirty  six  pounds  now 
remaining  due  in  State  Notes  for  the  purchase  of  sd. 
Island. 

Resolved  that  John  Calderwo[o]d  &  others  the  pur- 
chasers &  settlers  of  said  Fox  Island  be  &  they  hereby 
are  discharged  from  the  balance  due  upon  sd.  Contract 
upon  their  paying  to  the  Treasurer  the  sum  of  fourteen 
Pounds  four  shillings  &  3d  |d  in  specie  within  six  months 
from  the  passing  this  resolution,  &  that  the  Treasurer  of 
this  Commonwealth  be  directed  to  govern  himself  accord- 
ingly. March  6,  1793. 

Chapter  77. 

RESOLVE  ON  THE  PETITION  OF  TIMOTHY  FOBES,  DIRECTING 
THE  TREASURER  TO  CREDIT  THOMAS  JOHNSON  THE  SUM  OF 
£.8,  ON  ACCOUNT  OF  THE  TAX  COMMITTED  TO  HIM  TO  COL- 
LECT AGAINST   CLASS  NO.   1. 

On  the  Petition  of  Timothy  Fobes,  head  of  the  first 
Class  in  the  Town  of  Bridgwater  for  raising  men  for  the 
Continental  Army,  in  conformity  to  a  resolve  of  the  Gen- 
eral Court  in  March  1782  praying  to  be  discharged  from  a 
ballance  of  Eight  pounds  which  appears  by  the  Treasurers 
books  to  be  due  from  Thomas  Johnson  Collector  of  the 
fine  assessed  on  said  Class  for  their  deficiency  in  not  pro- 
curing a  man  for  said  Army  agreably  to  said  resolve. 

Resolved  for  reasons  Set  forth  in  said  Petition  that  the 
prayer  thereof  be  granted,  and  that  the  Treasurer  of  this 
Commonwealth  be,  and  he  is  hereby  directed  to  Credit 
the  said  Thomas  Johnson  the  Sum  of  Eight  pounds  on 
Account  the  [the]  Tax  committed  to  him  to  Collect 
against  Class  No.  one  in  said  Bridgwater,  whereof  the 
said  Timothy  Fobes  is  the  head.  March  6,  1793. 


Resolves,  1792.  —  January  Session.  265 


Chapter  78. 

RESOLVE  RELEASING  SAMUEL  WARD,  ESQ.  FROM  A  DEMAND 
OF  THE  COMMONWEALTH  AGAINST  HIM,  AND  DIRECTING 
THE  TREASURER  TO  DISCHARGE  ANY  JUDGMENT  RECOV- 
ERED OR  ANY  EXECUTION  ISSUED. 

Resolved  that  the  Demand  of  the  Commonwealth, 
against  Samuel  Ward,  for  the  sum  of  four  hundred  and 
sixty  one  Pounds,  ten  Shillings  and  Eleven  Pence,  one 
Farthing,  which  was  found  due  on  Settlement,  of  Ac- 
counts, as  appears  by  Report  of  the  Committee  of  the 
General  Court  for  that  purpose,  be  released,  and  that 
the  Treasurer  be,  and  he  is  hereby  ordered  and  directed, 
to  discharge  any  Judgment  recovered,  or  any  Execution 
issued  on  the  Same.  March  6,  1793. 

Chapter  79. 

RESOLVE  ON  THE  PETITION  OF  JESSE  RUSSELL. 

On  the  Petition  of  Jesse  Russell  praying  for  relief  in 
a  certain  case  mentioned  in  the  sd.  petition. 

Resolved,  that  the  Executors  or  Administrators  of  Wil- 
liam Porter,  &  Jonathan  Tidd  named  in  the  petition  be, 
&  they  are  hereby  respectively  impowered  to  make  a 
deed  or  deeds  of  Release,  of  the  messuage  &  fifty  five 
acres  of  land  mentioned  in  the  petition,  to  the  said  Jesse 
Russell  &  his  heirs  in  which  deed  or  deeds  the  sd.  Ex- 
[ecw^Jors  or  Adm[zn/s^r«<]ors  shall  release  to  the  said 
Jesse  as  aforesaid,  the  right  title  &  interest  of  the  said 
deceased  persons,  &  their  legal  Representatives  respec- 
tively in  &  to  the  sd.  messuage  &  fifty  five  acres  ;  &  the 
said  deed  or  deeds  so  made  &  executed  being  acknowl- 
edged &  recorded  according  to  law,  shall  be  good  &  effect- 
ual to  release  the  same  messuage  &  lands,  to  the  said  Jesse 
&  his  heirs  in  fee,  as  fully  to  all  intents  &  purposes  as  if 
the  said  Wm.  Porter  and  Jonathan  Tidd  had  in  their  life 
time,  by  their  deed  or  deeds  respectively,  released  the 
said  messuage  &  lands  to  the  said  Jesse,  he  being  in  actual 
possession  of  the  same  &  to  his  heirs  forever. 

March  7,  1793. 

Chapter  80. 

RESOLVE   ON   THE  PETITION   OF   JESSE   RUSSELL. 

On  the  petition  of  Jesse  Russell,  Praying  for  liberty  to 
make  sale  of  certain  real  estate  whereof  he  is  tenant  by 


266  Eesolves,  1792.  —  January  Session. 

the  curtesy,  on  condition  of  his  granting  to  the  heirs 
thereof  other  real  estate  of  equal  value  —  for  the  reasons 
set  forth  in  said  Petition. 

Resolved  that  the  Prayer  of  said  Petition  be  so  far 
granted  that  the  petitioner  be  allowed  to  make  sale  of 
said  real  estate,  whereof  he  is  tenant  as  aforesaid,  and  he 
is  hereby  authorized  &  empowered  to  make  sale  of  the 
same  as  aforesaid  and  to  make  &  execute  good  &  sufficient 
deed  or  deeds  thereof  to  the  purchaser  or  purchasers 
thereof,  on  condition  that  before  the  said  Jesse  shall  be 
allowed  to  make  sale  of  said  real  estate  as  aforesaid,  he 
shall,  by  good  and  sufficient  deed  convey  to  the  heirs  of 
the  remainder  of  said  real  estate  whereof  he  is  tenant  by 
the  curtesey  as  aforesaid  &  in  lieu  thereof,  such  part  of 
the  farm  whereon  he  now  lives  as  will  be  equal  in  value 
to  the  real  estate  so  to  be  sold  by  him  as  aforesaid  in  the 
opinion  of  Samuel  Thompson  Esqr.  who  is  hereby  ap- 
pointed an  agent  for  said  heirs  to  see  that  the  aforesaid 
condition  is  faithfully  performed.  March  8,  1793. 

Chapter  81. 

EESOLVE  ON  THE  PETITION  OF  JOSHUA  BEALLS,  IN  BEHALF  OF 
THE    TOWN   OF   WINDSOR. 

On  the  potition  of  Joshua  Bealls  in  behalf  of  the  Town 
of  Windsor  praying  for  an  abatement  of  one  hundred 
twenty  Sevin  pounds  part  of  a  tax  of  one  hundrid  and 
Sevinty  pounds  Sevin  Shillings  &  Elevin  penc[e]  com- 
mitted unto  Levy  Walker,  a  collector  for  Said  Windsor 
—  he  being  a  defeciant  collector. 

Resolved,  for  Reasons  Set  forth  in  Said  potition  that 
the  prayers  thereof  be  So  far  granted  that  the  Treasurer 
of  this  Commonwelth  be  &  he  is  hereby  directed  to  Sus- 
pend Issuing  Execution  against  sd.  Town  of  Windsor  for 
the  defeciancy  of  the  whole  of  the  tax  afore  Said  that 
Stands  charged  to  Said  Town,  for  one  year  from  the  date 
here  of  any  Law  or  Resolve  to  the  Contrary  not  with- 
standing. March  S,  1793. 

Chapter  82. 

GRANT   OF  £.35  TO    JOHN   FULLER. 

Whereas  Capt.  John  Fuller  late  Capt.  in  the  Continental 
Army,  hath  represented  to  this  Court,  that  he  is  called 


Resolves,  1792.  —  January  Session.  267 

upon  for  the  payment  of  Sundry  Articles  of  Clothing 
delivered  to  the  Soldiers  of  his  Company  when  in  Service 
in  the  Year  1783,  to  the  amount  of  Thirty  five  Pounds 
by  reason  of  the  failure  and  absconding  of  Africa  Hamlin 
agent  for  the  Regiment  to  which  said  Company  belonged : 
Resolved,  for  reasons  set  forth  in  his  petition,  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Com- 
momwealth,  to  said  John  Fuller  the  sum  of  Thirty  Five 
Pounds,  to  enable  him  to  discharge  the  Demand  against 
him  for  said  Supplies,  he  the  said  John  Fuller  to  be 
accountable  to  this  Commonwealth,  for  said  Sum  as  soon 
as  a  Settlement  of  the  account  of  the  said  Hamlin  shall 
be  compleated,  either  by  the  said  Hamlin  or  by  the  Con- 
gress of  the  United  States.  March  8,  1793. 

Chapter  83. 

RESOLVE  DIRECTING  THE  TREASURER  TO  DISPOSE  OF  THE 
PEST  HOUSE  IN  BOSTON  EITHER  AT  PUBLIC  OR  PRIVATE 
SALE. 

Resolved,  That  the  Treasurer  of  this  Commonwealth  be 
and  he  hereby  is  authorised  and  directed  to  make  Sale 
by  public  Vendue  of  The  House  commonly  known  by  the 
name  of  the  Pest  House  with  the  land  adjoining  &  thereto 
belonging  lying  at  the  Westerly  part  of  the  Town  of 
Boston  and  execute  a  good  and  lawful  deed  thereof  and 
deposit  the  money  arising  from  said  Sale  in  the  Treas- 
ury for  the  use  of  this  Commonwealth  &  deliver  to  the 
Secretary  a  certificate  of  the  money  so  deposited.  The 
said  House  and  land  being  the  property  of  this  Common- 
wealth as  appears  by  deed  from  Ephraim  Turner  and 
Dorothy  his  Wife  to  Harrison  Gray  Esq.  formerly  Treas- 
urer of  the  Province  of  Massachusetts  bearing  date  the 
fifth  day  of  May  one  thousand  seven  hundred  and  sixty. 

March  9,  1793. 

Chapter  84. 

RESOLVE  FOR  MAKING  A  ROAD  ACROSS  HOOSUCK  MOUNTAINS; 
EXTENDING  THE  TIME  FOR  THE  COMPLETION  OF  SAID  ROAD, 
AND  APPOINTING  ISRAEL  JONES  AS  ONE  OF  THE  COMMITTEE 
IN  THE  ROOM  OF  REUBEN  HINMAN,  DECEASED. 

Whereas  the  Resolution  of  the  General  Court  passed 
the  24th  of  March  178G  making  provision  for  a  road 
aCross  Hoosuck  mountain  was  Limited  as  to  the  Comple- 


268  Resolves,  1792.  —  January  Session. 

tion  of  Said  road  to  the  first  day  of  December  1787  but 
the  Commotions  Within  the  Common  Wealth  at  that  Time 
prevented  Compleating  the  same  :   Therefore 

Resolved  that  the  time  for  the  Completion  of  said  road 
agreably  to  the  aforesaid  Kesolution  be  and  the  same  is 
hereby  extended  to  the  first  day  of  December  1795  and 
Israel  Jones  is  appointed  one  of  the  Committee  who  by 
the  Resolution  abovementioned  were  authorized  to  judge 
of  the  road  aforesaid,  instead  of  Reuben  Hinman  deceased. 

March  9,  1793. 

Chapter  S5. 

RESOLVE  ON  THE  PETITION  OF  WILLIAM  THOMPSON,  GUARDIAN 
TO  HABIJAH  SAVAGE. 

Upon  the  Petition  of  William  Thompson  —  as  he  is 
Guardian  to  Habijah  Savage,  an  insane  person,  praying 
for  a  Licence  to  sell  one  undivided  third  part  of  a  piece  of 
Land  situate  in  Prince  Street  in  Boston,  the  property  of 
the  said  Habijah  Savage. 

Resolved,  that  the  said  William  Thompson,  in  his  said 
Capacity  be,  and  he  hereby  is,  impowered  to  sell  and 
convey  the  one  third  of  the  Land  aforesaid,  either  at 
publick  or  private  sale  as  the  other  Heirs  of  said  Land 
may  agree,  and  a  Good  and  Lawful  Deed  thereof  in  fee 
simple  to  make  and  execute ;  provided  nevertheless,  and 
he  it  further  Resolved,  that  previous  to  said  sale,  the  said 
William  Thompson,  shall  Give  bonds  to  the  Judge  of 
probate  for  the  County  of  Suffolk,  with  sufficient  sureties  ; 
Conditioned,  that  the  monies  arising  from  such  sale,  shall 
be  put  on  interest,  and  holden  in  trust  by  the  said  Guar- 
dian, to  and  for  the  use  of  the  said  Habijah  Savage,  and 
his  Children.  March  9,  1793. 

Chapter  86. 

RESOLVE  ALLOWING  THE  COUNTY  TREASURER'S  ACCOUNTS 
FOR  THE  COUNTY  OF  WASHINGTON,  AND  GRANTING  A  TAX 
OF  £.163  5  8. 

Whereas  the  Treasurer  of  ye  County  of  Washington  has 
laid  his  Accounts  before  the  General  Court  which  Ac- 
counts are  hereby  allowed : 

And  Whereas  ye  Clerk  of  ye  Court  of  General  Sessions 
of  ye  Peace,  for  ye  sd.  County,  has  laid  before  ye  General 
Court,  An  estimate  made  by  ye  said  Court  of  General 


Resolves,  1792.  —  January  Session.  269 

Sessions  of  ye  Peace,  of  ye  Necessary  Charges,  which 
will  be  likely  to  arise  in  sd.  County  ye  current  year 
amounting  to  3'e  Sura  of  one  hundred  &  Sixty  three 
pounds  five  Shillings  &  eight  pence  : 

Resolved,  that  the  said  Sum  of  one  hundred  and  Sixty 
three  pounds  five  Shillings  &  eight  pence  be,  and  hereby 
is,  granted,  as  a  Tax  for  sd.  County  of  Washington,  to 
be  Apportioned,  Assessed  collected  and  applied  in  Man- 
ner Provided  by  Law.  March  11,  1793. 

Chapter  87. 

RESOLVE    ON     THE     PETITION    OF     BENJAMIN    WILLIAMS    AND 

OTHERS. 

On  the  petition  of  Benjamin  Williams,  James  Allen  & 
the  Widow  of  Benjamin  Wentworth  praying  for  Arrear- 
ages of  Wages  &c.  on  nine  Months  Service  in  Colo. 
Aldens'&  Brooks's  Regiment  in  the  Years  1778  &  1779. 

Resolved  that  there  be  paid  out  of  the  Treasury  of  this 
Commonwealth  to  the  said  Benjn.  Williams,  James  Allen 
&  the  legal  Representative  of  [of]  Benjn.  Wentworth  the 
Sum  of  ten  pounds  each,  &  also  the  additional  Sum  of 
twelve  shillings  to  each  in  Lieu  of  a  Blankett,  being  in  full 
of  the  ballance  due  to  them  on  Said  Service. 

March  9,  1793. 

Chapter  88. 

RESOLVE  ON  THE  PETITION  OF  WAITSTILL  JOHN  PLUM,  GRANT- 
ING HIM  £.13  17  2. 

On  the  Petition  of  Waitstill  John  Plum,  for  reasons 
set  forth  in  said  Petition. 

Resolved  That  there  be  allowed  &  paid  out  of  the 
])ublic  Treasury  of  this  Commonwealth  —  to  the  said 
Waitstill  John  Plum,  the  sum  of  thirteen  pounds  seven- 
teen shillings  &  two  pence,  out  of  the  proceeds  of  the 
Estate  of  Timothy  Hierliky,  an  Absentee,  in  full  satis- 
faction of  a  Note  of  hand  dated  Octo.  19,  1774,  made 
by  said  Hierliky  to  said  Plum — provided  said  Plum  or 
his  Attorney  deliver  said  Note  with  a  Receipt  for  the 
Contents  thereof,  to  the  said  Treasurer  and  also  give 
Bond,  with  sufficient  Sureties,  to  the  said  Treasurer,  to 
refund  the  said  Sum,  in  Case  the  General  Court  shall  at 
any  time  hereafter  require  it.  March  11,  1793. 


270  Resolves,  1792. — January  Session. 


Chapter  89. 

BESOLVE  ON  THE  PETITION  OF  SILAS  HOLMAN  AND  OTHERS. 

On  the  Petition  of  Silas  Holman  &  others.  Resolved 
that  the  Said  Silas  be  and  he  hereby  is  Impowered  to 
malie  &  Execute  a  good  &  Lawfull  Deed  of  about  one 
acre  &  a  half  of  Land,  belonging  to  the  Heirs  of  Eliakein 
Atherton  late  of  Bolton  in  the  County  of  Worcester 
Deceased,  to  the  Inhabitants  of  said  Town  for  a  Meeting 
House  plot,  and  also,  in  behalf  of  Said  Heirs,  to  Receive 
from  Said  Inhabitants  a  Deed  of  one  other  peice  of  Land, 
of  Equal  value,  in  full  Compensation  for  the  land  first 
Mentioned  any  Law  or  Resolve  to  the  Contrary  notwith- 
standing. 3Iarch  11,  1793. 

Chapter  90. 

RESOLVE  FOR  THE   ADJOURNMENT  OF  THE  COURT  OF  COMMON 
PLEAS  IN  THE  COUNTY  OF  PLYMOUTH. 

Whereas  the  Court  of  Common  Pleas  and  the  Court  of 
General  Sessions  of  the  Peace  are  by  Law  to  be  holden 
at  Plymouth  within  and  for  the  county  of  Plymouth  on 
the  second  Tuesday  of  April  next ;  and  whereas  the 
eleventh  day  of  the  said  April  is  appointed  for  a  day  of 
General  Fasting  and  Prayer,  which  renders  it  inconvenient 
that  the  said  Courts  should  be  holden  at  the  time  appointed 
by  Law  : 

Therefore  —  Resolved,  That  the  Court  of  Common  Pleas 
and  Court  of  General  Sessions  of  the  Peace,  which  by  law 
should  be  holden  at  Plymouth  within  and  for  the  county 
of  Plymouth  on  the  second  Tuesday  of  April  next,  be  and 
they  hereby  are  adjourned  to  the  third  Tuesday  of  the 
same  April  then  to  be  holden  at  Plymouth,  within  and  for 
the  County  aforesaid  :  and  all  writs,  processes  and  recog- 
nizances returnable  to,  and  all  appeals  made  to  the  said 
Court  of  Common  Pleas  and  Court  of  General  Sessions 
of  the  Peace  appointed  by  Law  to  be  holden  at  Plymouth 
as  aforesaid ;  and  all  matters,  causes  and  things,  that 
might  have  had  day,  or  that  might  have  been  had,  moved 
or  done  at,  in  or  by  the  said  Courts  or  either  of  them,  at 
the  time  by  Law  appointed  for  holding  the  same,  shall 
be  returnable  to,  and  may  be  entered,  prosecuted,  had, 
moved  and  done,  at,  in  and  by  the  said  Courts,  at  the 


Resolves,  1792.  —  January  Session.  271 

time  hereby  appointed  for  holding  the  same,  any  Law 
to  the  contrary  notwithstanding.  And  the  Secretary  is 
hereby  directed  to  publish  this  resolve  in  the  Independent 
Chronicle  three  weeks  successively  the  first  publication  to 
commence  as  soon  as  may  be  after  the  passing  the  same. 

March  11,  1793. 

Chapter  91. 

RESOLVE  ON   THE   MEMORIAL  OF   THE   SELECTMEN  OF  EDGAR- 
TOWN. 

On  the  memoriel  of  the  Select  men  of  Edgartown  in 
the  County  of  Dukes  County  in  behalf  of  Thomas  Pease 
Constable  for  Said  Town  in  the  year  1775. 

Resolved  for  Reasons  Set  forth  in  Said  Memorael  that 
the  Treasurer  of  the  Commonwealth  be  and  he  is  hereby 
Directed  to  Discharg[e]  Said  Pease  of  the  Sum  of  Twenty 
five  Pounds  Eighteen  Shillings  and  Eleven  Pence  he  being 
a  Deficent  Collecter.  March  11,  1793. 

Chapter  93. 

RESOLVE  ESTABLISHING  THE  PAY  OF  THE  COUNCIL,  MEMBERS 
OF  THE  SENATE  AND  HOUSE  OF  REPRESENTATIVES,  AND 
EXTRA  PAY  TO  THE  PRESIDENT  AND  SPEAKER. 

Resolved,  that  there  be  allowed  &  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  each  Member  of  the 
Council,  Senate  &  House  of  Representatives  nine  Shillings 
per  Day  for  each  Days  attendance  the  Present  Session  ; 
and  a  like  Sum  for  every  ten  Miles  travel,  from  their 
respective [s]  places  of  abode  to  the  place  of  the  Setting 
of  the  General  Court. 

And  it  is  further  Resolved,  that  there  be  paid  to  the 
President  of  the  Senate  &  [&]  Speaker  of  the  House  of 
Representatives  six  shillings  per  Day,  each,  for  each 
Days  attendance  over  &  above  their  pay  as  Members. 

March  12,  1793. 

Chapter  93. 

RESOLVE   ON  THE   PETITION   OF  BENJAMIN  EDWARDS. 

On  the  Petition  of  Benjamin  Edwards  praying  for  Lib- 
erty to  file  a  Complaint  upon  a  Defiiulted  Action,  on  a 
Judgment  recovered  by  the  said  Edwards,  against  one 
William  Oliver  of  Chelsea  in  the  County  of  Suffolk,  as 


272  Resolves,  1792.  —  January  Session. 

set  forth  in  said  Petition,  at  the  Supreme  Judicial  Court 
now  holden  at  Boston  within  and  for  the  said  County  of 
Suifolk  :  for  Reasons  set  forth  therein. 

Resolved  that  the  prayer  of  said  Petition  be  granted, 
and  that  the  said  Edwards  have  liberty  to  file  his  said 
Complaint  against  the  said  Oliver,  at  the  present  supreme 
Judicial  Court,  now  holden  at  Boston  within  and  for  said 
County  of  Suffolk,  and  that  the  Justices  of  the  said  Judi- 
cial Court  are  hereby  Authorized  to  take  cognizence 
thereof  and  are  hereby  empowerd  to  affirm  the  said 
Judgement  and  grant  Execution  thereupon  in  ye  like  way 
and  manner  as  might  have  been  done,  by  Law,  had  the 
said  Complainent  have  filed  his  complaint,  at  the  then 
next  Superior  Court  to  which  the  said  Oliver's  appeal 
was  made  —  Any  Law  or  usage  to  the  contarary  notwith- 
standing. March  13,  1793. 


Chapter  94. 

RESOLVE  ON  THE  PETITION  OF  JOSIAH   HITCHCOCK,  GRANTING 

HIM   £.7   10. 

On  the  Petition  of  Josiah  Hitchcock  Administrator  on 
the  Estate  of  Levi  Hitchcock,  praying  for  Payment  of 
five  months  wages  due  to  the  said  Levi,  for  Service  in 
the  Continental  Army  under  Genl,  St.  Clair  in  1777. 

Resolved  That  there  be  Allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  the  aforesaid  Josiah 
Hitchcock  as  Administrator  to  the  said  Levi  Hitchcock, 
the  Sum  of  Seven  Pounds  and  Ten  Shillings,  in  full  for 
said  Service  &  that  the  said  Sum  of  Seven  Pounds 
and  ten  Shillings  be  Charg'd  to  the  Debt  of  the  United 
States.  March  13,  1793. 


Chapter  95. 

RESOLVE   ON  THE  PETITION  OF  ELIJAH  WILLIAMS. 

On  the  Petition  of  Elijah  Williams,  in  behalf  of  the 
Inhabitants  of  West  Stockbridge  Praying  for  a  Remission 
of  a  Certain  Tax  Commonly  called  new  Emission  Tax  for 
one  hundred  and  twenty  nine  Pounds  three  shillings  & 
three  Pence,  on  which  there  Now  appears  due  from  said 
Town  one  hundred  and  one  Pound  fifteen  shillings  & 
seven  Pence. 


Resolves,  1792.  —  January  Session.  273 

Resolved  for  reasons  set  forth  in  said  Petition,  that  the 
Prayer  tliereof,  be  so  far  granted,  that  Provided  said 
Town  of  "West  Stockbridge  shall  pay  into  the  Treasurey 
of  this  Common  Wealth,  the  sum  of  thirty  three  Pounds 
eighteen  shillings  &  six  Pence  in  Specie,  within  one  Year 
from  the  first  Day  of  June  next,  that  the  Treasurer  of 
this  Common  Wealth,  shall  receive  said  last  Mentioned 
sum,  in  full  Discharge  of  said  Ballance  of  said  Tax  —  and 
shall  discharge  said  Town  therefrom.       March  13,  1793. 

Chapter  96. 

RESOLVE   ON    THE    PETITION  OF  THOMAS    SCOTT,  A  SERGEANT 
IN  COL.    GREATON'S  REGIMENT. 

On  the  Petition  of  Thomas  Scott,  a  Sergeant  in  Colo. 
Graton's  Regt.,  Setting  forth  that  his  wages  were  drawn 
by  a  forged  Order,  and  praying  Compensation  therefor. 

Resolved  that  the  prayer  thereof  be  Granted  and  that 
the  Treasurer  be  and  he  is  hereby  directed  to  Issue  his 
Notes  to  the  Said  Thomas  for  his  Services  as  a  Sergeant 
in  Colo.  Greatons  Regt.,  in  the  Same  way  and  manner  as 
has  been  practiced  to  other  Soldiers,  the  wages  being 
drawn  by  a  forged  Order  Notwithstanding. 

March  14,  1793. 

Chapter  97. 

RESOLVE    ON  THE   PETITION  OF   NATHANIEL  THWING,   TREAS- 
URER OF  THE   COUNTY  OF  LINCOLN. 

Upon  the  Memorial  of  Nathaniel  Thwing  Treasurer  of 
the  County  of  Lincoln,  Praying  for  the  Order  of  this 
Court  respecting  Taxes  due  from  the  Counties  of  Han- 
cock &  Washington  to  said  County  of  Lincoln. 

Resolved  That  the  Treasurer  of  the  County  of  Lincoln 
be  &  he  hereby  is,  directed  to  give  notice  to  the  Several 
Towns,  Districts  &  Plantations  within  the  Counties  of 
Hancock  &  Washington  that  are  delinquent  in  the  Pay- 
ment of  the  County  Taxes  assessed  upon  them  by  the 
Court  of  General  Sessions  of  the  Peace  for  the  said 
County  of  Lincoln,  Prior  to  said  two  Counties  being 
Incorporated,  of  the  sums  due  from  each  Place,  by  leav- 
ing a  Copy  of  this  Resolve  with  the  Several  Clerks  of 
said  Towns,  Districts  &  Plantations  in  the  said  Counties, 
and  if  the  sums  due  from  each  Place  shall  not  be  Paid 
into  the  Treasury  of  said  County  of  Lincoln  in  six  months 


274  Resolves,  1792.  —  January  Session. 

after  their  having  reed,  such  notice,  Then  it  shall  be  in 
the  Power  of  the  said  Treasurer  of  the  County  of  Lincoln, 
&  he  is  hereby  order'd  &  directed  to  issue  his  Warrant  of 
Distress  against  the  Inhabitants  of  such  delinquent  Town, 
District  or  Plantation,  directed  to  the  Sheriff'  or  his  dep- 
uty, or  to  the  Coroner  of  each  or  either  of  the  said  Coun- 
ties respectively,  requiring  them  to  levy  the  sum  or  sums 
mention'd  in  said  Warrant  upon  the  Inhabitants  of  said 
delinquent  Place  or  Places  and  the  Sheriffs  their  deputys 
&  Coroners  of  each  of  said  Counties  of  Hancock  &  Wash- 
ington are  hereby  order'd  &  directed  to  obey  such  War- 
rant &  to  execute  the  same  without  delay,  immediately 
after  receiving  the  same  in  the  same  manner  that  they  are 
obliged  to  do  in  all  other  Cases  whatever  &  the  same 
remedy  shall  be  had  against  such  Sheriffs  or  Coroners  of 
said  Counties  of  Hancock  &  Washington  by  the  said 
Treasurer  of  the  County  of  Lincoln  for  Neglect  of  Duty, 
as  the  Law  in  such  Cases  directs  in  said  County  of  Lin- 
coln. And  in  Case  the  said  Sheriffs  or  Coroners  of  either 
of  said  Counties  of  Hancock  &  Washington  upon  receiv- 
ing such  Warrant  of  Distress  from  the  Treasurer  of  said 
County  of  Lincoln  shall  lev}'  the  same  upon  any  or  either 
of  the  Inhabitants  of  such  delinquent  Town,  District  or 
Plantation,  then  unless  the  Inhabitants  of  such  Delinquent 
Town  District  or  Plantation  shall  immediately  pay  said 
sum  or  sums  together  with  the  Cost  arising  thereon  to 
such  Person  or  Persons  upon  whom  said  sum  or  sums 
may  be  levied,  it  shall  then  be  in  the  Power  of  such  Person 
or  Persons  to  sue  for  &  Recover  the  same  against  the  Inhab- 
itants of  such  Delinquent  Town,  District  or  Plantation  in 
any  Court  Proper  to  try  the  same. 

And  it  is  further  Resolved  that  all  Cost  that  may  arise 
in  giving  such  Notice  as  aforesaid  by  the  Treasurer  of  said 
County  of  Lincoln,  shall  be  paid  by  said  Delinquent 
Towns  Districts  &  Plantations,  such  Cost  to  be  appor- 
tion'd  by  the  Court  of  General  Sessions  of  the  Pe»ice  for 
said  County  of  Lincoln,  &  to  be  included  in  said  Warrant 
of  Distress.  March  14,  1793. 

Chapter  98. 

RESOLVE  ON  THE  PETITION  OF  JOSEPH  TUCKER,  ADMINISTRA- 
TOR TO  THE   ESTATE   OF  ELISHA  STUART,  DECEASED. 

On  the  petition  of  Joseph  Tucker  Administrator  to  the 
Estate  of  Elisha  Stuart,  of  York,  deceased  praying  that 


Resolves,  1792.  —  January  Session.  275 

the  Committee  of  Army  Accounts  may  Certify  the  balance 
due  to  said  Stuart  and  the  Treasurer  may  be  Authorised 
to  pay  the  same. 

liesolved  that  John  Deming  Esqr.  the  Committee  of 
Army  Accounts  Certify  to  His  Excellency  the  Goven- 
our,  and  Council,  the  balance  due  to  the  Estate  of  Elisha 
Stuart,  late  soldier  in  Colo.  John  Brooks's  7th  Massachu- 
setts Regiment,  and  his  Excellency  with  advice  of  Council 
is  requested  to  Issue  his  Warrant  on  the  Treasurer  Author- 
iseing  him  to  pay  the  same  to  the  said  Joseph  Tucker  — 
as  other  Soldiers  have  been  paid.  March  14,  1793. 

Chapter  99. 

RESOLVE  ON  THE  PETITION  OF  ELIJAH  TURNER,  JAMES  BRIGGS, 
JUNR.   AND    HAYWARD   PEIRCE. 

On  the  Petition  of  Elijah  Turner  James  Briggs  Junr. 
and  Hay  ward  Peirce  Guardians  to  Gideon  Chittendon  of 
Scituate  in  the  County  of  Plymouth,  a  person  non  com- 
pos Mentis. 

liesolved  that  the  doings  of  the  said  Elijah,  James  and 
Hay  ward  in  their  said  Capacity  be,  and  are  hereby  con- 
firmed, any  irregularities  or  omissions  of  the  late  Judge 
of  Probate  for  said  County  relative  to  their  appointment 
notwithstanding :  Provided  that  the  said  Guardians  shall 
settle  their  Account  of  Guardianship  of  the  sd.  non  com- 
pos with  the  present  Judge  of  Probate  for  said  County  of 
Plymouth  as  soon  as  may  be,  and  shall  also  give  Bond  to 
the  said  Judge  as  such  Guardians  are  by  Law  required 
and  receive  a  Letter  of  Guardianship  from  said  Judge. 

March  14,  1793. 

Chapter  100. 

RESOLVE  ON  THE  PETITION  OF  BARNARD   COLE. 

On  the  petition  of  Barnard  Cole  a  Private  Soldier  in 
Coll.  James  Weston's  Regt.  &  Capt.  Jno.  Blanchard's 
Company,  setting  forth  that  his  w^ages  were  drawn  by  a 
forged  Order,  and  praying  compensation  therefor. 

Resolved  that  the  prayer  thereof  be  granted  &  that 
the  Treasurer  be  &  he  is  hereby  directed  to  issue  his 
Notes  to  the  sd.  Barnard  Cole  for  his  services  as  a  Private 
in  Coll.  James  Weston's  Regt.  in  the  same  manner  as  has 
been  practiced  to  other  Soldiers,  the  wages  being  drawn 
by  a  forged  Order  notwithstanding.         March  14,  1793. 


276  Resolves,  1792.  —  January  Session. 


Chapter  101. 

RESOLVE   ON  THE   PETITION   OF  SAMUEL  WARD. 

On  the  Petition  of  Samuel  Ward.  Resolved,  for  Rea- 
sons set  forth  in  sd.  Petition,  that  the  Prayer  of  the  same 
be  granted,  and  the  Judge  of  Probate  for  the  County  of 
Worcester,  is  liereby  authorized  &  directed,  further  to 
extend  the  time  of  receiving  the  Claims  of  Creditors  of 
the  insolvent  Estates  of  Levi  &  Catharine  Willard,  not 
exceeding  the  term  of  twelve  months,  from  the  passing 
of  this  Resolve  —  any  Law  to  the  contrary  notwithstand- 
ing. March  15,  1793. 

Chapter  103. 

RESOLVE  AUTHORIZING  EBENEZER  THAYER,  ESQ.  TO  ISSUE 
HIS  WARRANT  TO  SOME  PRINCIPAL  INHABITANT  OF  THE 
TOWN  OF  BRAINTREE,  FOR  THE  PURPOSES  MENTIONED. 

Whereas  part  of  the  town  of  Braintree  in  the  County 
of  Suffolk  is  set  off  and  incorporated  into  a  separate 
town  by  the  name  of  Randolph,  and  all  the  Selectmen 
of  said  Braintree  except  one,  live  in  that  part  of  the 
town  now  sett  off  &  incorporated  by  the  name  of  Ran- 
dolph as  aforesd.,  by  reason  whereof  there  remain  no 
Selectmen  within  the  now  town  of  Braintree  to  call  a 
meeting  of  the  Inhabitants  thereof:  Therefore 

Rexolved  that  Ebenezer  Thayer  junr.  Esq.  be  and  he 
hereby  is  authorised,  to  issue  his  warrant  directed  to  some 
principal  Inhabitant  of  the  now  town  of  Braintree  in  the 
County  of  Suffolk,  impo wring  &  requiring  him  to  notify 
and  warn  a  Meeting  of  the  Inhabitants  of  said  Town  of 
Braintree  on  the  first  monday  in  April  next  for  the  Choice 
of  Town  officers,  and  for  the  transaction  of  any  other 
Business  that  may  be  legally  transacted  at  the  annual 
meetings  of  other  towns  in  this  Commonwealth. 

March  14,  1793. 

Chapter  103. 

RESOLVE  ON  THE  PETITION  OF  EPHRAIM  WINSLOW,  DIRECT- 
ING THE  TREASURER  TO  CREDIT  THE  TOWN  OF  FREETOWN 
THE   SUM  OF   £.23  5  4. 

On  the  petition  of  Ephraim  Winslow  praying  that  the 
town  of  Freetown  may  be  credited  in  the  books  of  the 


Resolves,  1792.  —  January  Session.  277 

Treasury  of  this  Commonwealth  the  sum  of  Twenty  Three 
pounds  tive  shilling  &  four  pence. 

Resolved  That  the  prayer  of  said  petition  be  granted, 
and  that  the  Treasurer  of  this  Commonwealth  be  &  is 
hereby  directed  to  credit  the  town  of  Freetown  the  sum 
of  twenty  three  pounds  five  shillings  &  four  pence. 

March  14,  1793. 


Chapter  104. 

RESOLVE   ON  THE  PETITION  OF  ISAAC  SNOW,  ADMINISTRATOR 
ON   THE   ESTATE    OF   EZEKIEL   SAWYER. 

On  the  Petition  of  Isaac  Snow  Administrator  on  the 
Estate  of  Ezekiel  Sawyer  a  Corporal  in  Colo.  Brooks's 
Regt.  praying  that  he  may  Recieve  the  wages  due  to  the 
estate  of  the  said  Ezekiel  Sawyer. 

Resolved  that  John  Demming  Esqr.  Certify  to  the 
Governor  and  Council,  in  favour  of  the  Lawful!  heirs  of 
Ezekiel  Sawyer,  the  pay  or  arrears  of  pay  due  to  the 
estate  of  the  Said  Ezekiel  for  his  Services  as  a  Corporal 
in  Colo.  Brooks  Regt.,  and  that  the  Treasurer  on  receiv- 
ing warrant  therefor  be  and  he  is  here  by  directed  to  Issue 
his  Note  or  Notes  to  the  Said  Ezekiel  in  the  Same  way 
and  manner,  as  has  been  practiced  to  other  Soldiers. 

March  14,  1793. 


Chapter  105. 

RESOLVE   ON  THE   PETITION  OF  BENJAMIN  JOSLYN,  IN  BEHALF 
OF  JACOB  PEPPER. 

On  the  Petition  of  Benjamin  Joslyn  in  behalf  of  Jacob 
Pepper  a  Constable  of  the  Town  of  Ware  in  the  County 
Hampshire  Praying  that  two  Executions  against  said  Pep- 
per in  favor  of  the  Commonwealth  may  be  stayed  for  a 
certain  time. 

Resolved  that  the  Prayer  of  the  Petition  be  granted  and 
that  said  Executions  be  stayed  for  the  Term  of  six  months 
provided  that  the  sum  of  Twenty  four  Pounds  two  shil- 
lings (being  one  half  of  the  first  Execution)  be  paid,  in 
March  instant  and  the  Treasurer  of  this  Commonw^ealth  is 
hereby  directed  to  govern  himself  accordingly. 

March  15,  1793. 


278  Kesolves,  1792.  —  January  Session. 


Chapter  106. 

RESOLVE  ON  THE  PETITION  OF  THOMAS  ALEXANDER. 

Resolved  that  the  Treasurer  of  this  Commonwealth  be 
and  he  hereby  is  Directed  to  Issue  his  note  or  notes  to 
the  said  Thomas  Alexander  a  Soldier  in  Colo.  Crane's 
Regiment  in  the  same  way  and  manner  as  has  been  prac- 
ticed to  other  Soldiers  for  Simelar  Services,  his  wages 
being  drawn  by  a  Forged  Order  notwithstanding. 

March  16,  1793. 

Chapter  107. 

RESOLVE  ON  THE  PETITION  OF  MRS.  ELIZABETH  SPARHAWK. 

On  the  petition  of  Mrs.  Elizabeth  Sparhawk,  and 
Charles  Chauncey,  Esqr.  Attorney  to  said  Elizabeth 
Sparhawk  —  praying  that  the  demands  she  has  against 
the  Estate  of  Sir  William  Pepperall  may  be  liquidated 
and  the  balance  paid  her,  and  praying  for  leave  to  sell 
Sundry  Lands  &c.  lying  in  the  County  of  York  which 
Gover[n]ment  has  contiscated. 

Resolved  that  the  Honble.  Benjamin  Chadbourn,  David 
Sewall  &  Nath.  Wells  Esqrs.  or  a  Major  part  of  them 
be,  &  they  hereby  are  authorized  &  directed  to  liquidate 
and  ascertain  the  claim  of  said  Elizabeth  Sparhawk  &  cer- 
tify to  his  Excellency,  the  Govenour  and  the  Honourable 
the  Council,  the  balance  that  may  be  found  due  to  her  by 
the  last  Will,  and  Testiment  of  Sir  William  Pepperall 
Baronet  deceased  and  his  Excellency  the  Govenor  with 
advice  of  Council  is  requested  to  Issue  his  Warrant  direct- 
ing the  Treasurer  to  pay  the  same  out  of  the  monies  that 
may  come  into  the  Treasury  from  the  sales  of  the  said  Sir 
William  Pepperalls  Estate  to  the  said  Elizabeth  Sparhawk 
or  her  heirs. 

And  be  it  further  Resolved  that  Joseph  Tucker  Esquire 
be  Authorised  to  sell  the  House  Situate  in  York,  in  the 
County  of  York,  known  by  the  name  of  the  brick  House 
tavern  formerly  occupied  by  Colo.  E.  Prebble,  togather 
with  Six  Acres  of  land,  more  or  less  belonging  to  the  same 
—  And  also  to  sell  the  Mansion  house,  of  the  late  Sir 
William  Pepperall,  Baronet  deceased,  standing  in  Kittery  ; 
with  about  three  Acres  of  land  adjoining,  and  the  remains 
of  the  old  wharf  in  front  of  said  House  to  the  best  Advan- 


Resolves,  1792.  —  January  Session.  279 

tage  —  which  lands,  and  tenements,  became  forfieted  by  an 
Act  of  the  General  Court  Provided  the  said  Elizabeth 
shall  relinquish  her  right  of  life  in  the  Estate  aforesaid. 
And  the  said  Joseph  Tucker  Esq.  is  Authorised  to  give 
good  and  sufficient  Deeds  of  Conveyence  for  the  same  in 
behalf  of  the  Commonwealth,  and  is  directed  to  pay  the 
monies  ariseing  from  the  sales  into  the  Treasury  as  soon  as 
possible  after  the  sales. 

And  it  is  further  Resolved  that  Mrs.  Elizabeth  Spar- 
hawk  or  her  heirs  shall  receive  annually  from  the  Treasury 
aforesaid  the  Interest  on  the  Amount  which  the  aforesaid 
houses,  and  lands,  may  sell  for,  during  her  life.  And  the 
said  Joseph  Tucker  Esqr.  shall  give  bonds  to  the  Treas- 
urer in  the  Sum  of  five  hundred  pounds,  conditioned  for 
the  faithfull  discharge  of  the  bussiness  Committed  to  him. 

March  16,  1793. 

Chapter  108. 

EESOLVE  ON  THE  PETITION   OF  BENJAMIN   SHATTUCK,  GRANT- 
ING HIM  £.50. 

On  the  Petition  of  Benjamin  Shattuck,  praying  for  some 
relief,  relative  to  the  payment  of  a  Bond  given  to  Sir 
"William  Pepperill. 

Resolved,  for  reasons  set  forth  in  said  Petition,  that  the 
prayer  thereof  be  so  far  granted,  as  that  there  be  allowed 
&  paid  out  of  the  Treasury  of  this  Commonwealth,  to  the 
sd.  Benjamin  the  Sum  of  fifty  Pounds  lawful  money,  it 
being  the  specie  value  of  the  money  he  paid  for  the  use 
of  Government.  March  18,  1793. 

Chapter  109. 

RESOLVE  ON  THE  PETITION  OF  THOMAS  SAVERY. 

On  the  Petition  of  Thomas  Savery,  praying  that  the 
Judge  of  Probate  of  Wills  &c.  for  the  County  of  Plimo. 
may  be  impowered  to  grant  Administration  on  the  Estate 
of  Joseph  Ransom  Deceased,  to  him,  twenty  years  being 
elapsed  since  the  decease  of  the  said  Ransom,  notwith- 
standing. 

Resolved,  for  reasons  set  forth  in  said  Petition,  that  the 
Judge  of  Probate  of  Wills  &c.,  for  the  County  of  Plimo. 
be  &  he  hereby  is  empower'd  to  grant  letters  of  Adminis- 
tration on  the  Estate  of  Joseph  Ransom  late  of  Pokeepsie 


280  Resolves,  1792.  —  January  Session. 

in  the  State  of  New- York  Decs'd,  to  the  said  Thomas 
Savery  (or  some  other  principal  Creditor)  to  said  Estate 
as  he  shall  think  Just ;  who  shall  give  Bonds  for  the  faith- 
ful discharge  of  his  duty  therein,  agreeably  to  Law;  any 
thing  in  any  Law  of  this  Commonwealth  to  the  Contrary 
notwithstanding.  March  18,  1793. 

Chapter  110. 

RESOLVE    ESTABLISHING    THE    PAY    OF    THE     COMMITTEE    OF 
VALUATION. 

Resolved,  That  there  be  allowed  &  paid  out  of  the  pub- 
lic Treasury  of  this  Commonwealth  the  Sum  of  eleven 
Shillings  a  Day  to  the  several  Members  of  the  Legislature 
for  their  services  as  Members  of  the  Committe  of  Vahia- 
tion  for  each  day  they  attended  on  the  said  service  from 
the  fifth  Day  of  December  last  past  to  the  Day  of  the 
present  meeting  of  the  General  Court,  &  two  shillings  a 
day  each  as  extra  pay  over  &  above  their  pay  as  members 
of  the  Legislature  during  their  continuance  in  that  ser- 
vice. "  March  18,  1793. 

Chapter  111. 

RESOLVE  ON  THE  PETITION  OF  WILLIAM  SHEPHARD,  IN  BEHALF 
OF  THE  TOWN  OF  WESTFIELD,  DIRECTING  THE  TREASURER 
TO  CREDIT  THE  SAID  TOWN  WITH  THE  SUM  OF  £.74  1  8. 

On  the  Petition  of  William  Shepard  in  behalf  of  the 
Town  of  Westfield,  praying  that  a  Fine  required  of  the 
said  Town  for  a  deficency  of  one  Man,  which  said  Town 
was  required  to  raise,  in  the  year  1782,  to  Serve  in  the 
Continental  Army  for  three  years,  may  be  abated. 

Resolved,  for  reasons  set  for[^^]  in  said  Petition,  that 
the  prayer  thereof  be  granted  and  the  Treasurer  of  this 
Commonwealth  is  hereby  directed  to  credit  the  said  Town 
of  Westtield,  the  sum  of  Seventy  Four  Pounds  one  shil- 
ling [s]  &  Eight  pence,  that  being  the  sum  which  said  Town 
hath  been  Fined  for  the  deficency  of  raising  one  Man,  as 
aforesaid.  March  18,  1793. 

Chapter  112. 

RESOLVE  ON  THE  PETITION  OF  ISAAC  SOLLENDINE. 

On  the  Petition  of  Isaac  Sollendine  seting  forth  that 
there  are  Lands  formerly  belonging  to  Abel  Willard  Esqr. 


Resolves,  1792.  —  January  Session.  281 

an  absentee  and  now  the  Property  of  this  Commonwealth 
lying  in  Common  &  undivided  with  the  Petitioner  &  pray- 
ing the  Same  may  be  divided  or  sold  to  the  Petitioner. 

^Refiolved  that  the  Prayer  of  the  Petition  be  so  fer  granted 
that  Mr.  Ephraim  Carter  of  Lancaster  in  the  County  of 
Worcester  be  &  he  is  hereby  authorised  &  Impowered  to 
Sell  the  Lands  aforesaid  to  the  Petitioner  or  any  other 
Person  or  Persons  for  the  most  the  Same  will  fetch  and 
to  give  &  Execute  a  Deed  or  deeds  of  the  same  and  that 
the  Said  Carter  Pay  the  proceeds  therof  into  the  Treas- 
ury of  this  Commonwealth.  March  18,  1793. 


Chapter  113. 

RESOLVE  ON  THE  PETITION  OF  ABEL  WILDER,  GRANTING  HIM 

£.1  19  11. 

On  the  petition  of  Abel  Wilder  sergeant  in  the  late  tenth 
Massachusetts  Regiment,  setting  forth  that  by  a  resolve, 
of  the  General  Court  of  this  Commonwealth,  passed  May 
1st  1778  all  the  Soldiers  belonging  to  this  States  troops, 
who  were  in  Camp,  on,  or  before  the  Fifteenth  Day  of 
August  1777  were  entitled  to  a  gratuity  of  One  hundred 
Dollars,  which  he  has  not  receiv'd  although  he  was  en- 
titled to  the  Same. 

Resolved  that  there  be  allowed  &  paid  out  of  the  public 
Treasury  to  the  said  Abel  Wilder  the  sum  of  One  pound 
Nineteen  shillings  &  eleven  pence  with  Interest  from  the 
first  day  of  January  One  Thousand  seven  hundred  & 
eighty  two  in  full  of  the  gratuity  aforesaid,  &  the  Treas- 
urer is  hereby  directed  on  receiving  a  Warrant  therefor, 
from  the  Governour,  to  pay  the  same  accordingly. 

March  18,  1793. 


Chapter  114. 

RESOLVE  ON  THE  PETITION  OF  JONATHAN  MOREY. 

Resolved  that  the  Treasurer  of  this  Commonwealth  be 
and  he  hereby  is  directed  to  Issue  his  note  or  notes  to  the 
said  Jonathan  Morey  a  Soldier  in  Colos.  Shepards  and 
Jacksons  Regiments  in  the  same  way  and  manner  as  has 
been  practiced  to  other  Soldiers  for  Similar  Services  —  his 
wages  having  been  Drawn  by  a  forged  Order  notwith- 
standing. March  18,  1793. 


282  Resolves,  1792.  —  January  Session. 


Chapter  115. 

RESOLVE   ON  THE  PETITION  OF  THE  SELECTMEN  OF  HANCOCK. 

On  the  petition  of  the  Select  Men  of  the  Town  of  Han- 
cock in  the  County  of  Berkshire  praying  for  the  Suspen- 
sion of  the  opperation  of  an  Act :  entitled  An  Act  to 
provide  for  the  instruction  of  Youth,  and  for  the  promo- 
tion of  good  Education ;  so  far  as  it  respects  the  said 
Town  of  Hancock. 

Resolved  in  consideration  of  the  running  the  late  line, 
three  out  of  five  of  the  School  Houses  of  the  Town  of 
Hancock  are  cut  oft'  from  the  use  of  the  Inhabitants  said 
School  Houses  now  belonging  to  New  York  State ;  and 
the  impossibility  of  the  Inhabitants  accomodating  them- 
selves in  any  other  way  —  That  the  prayer  of  the  peti- 
tioners be  granted,  and  that  the  Town  of  Hancock  be 
exempted  from  the  opperation  of  said  Act,  for  the  term 
of  three  3'ears  any  Law  or  resolve  to  the  contrary  not- 
withstanding. March  18,  1793. 

Chapter  116. 

RESOLVE  GRANTING  TO  WILLIAM  SHEPARD,  ESQ.  £.13  17  4,  IN 
FULL  COMPENSATION  FOR  MONEY  ADVANCED  BY  HIM  IN 
THE   SERVICE   OF  GOVERNMENT. 

On  the  Petition  of  William  Shepard  Esqr.  praying  a 
further  grant  of  thirteen  pounds  seventeen  shillings  & 
four  pence  in  full  for  advances  made  by  him  in  the  service 
of  Government  in  the  Years  1786  &  1787. 

Resolved  That  there  be  Allowed  &  ]3aid  out  of  the 
Treasury  of  this  Commonwealth  to  William  Shepard 
Esqr.  the  sum  of  thirteen  pounds  seventeen  shillings  & 
four  pence  in  full  compensation  for  the  monies  advanced 
by  the  said  William  as  aforesaid.  March  19,  1793. 

Chapter  116a.* 

RESOLVE  ON  THE  MEMORIAL  OF  JOHN  LUCAS. 

On  the  Memorial  of  John  Lucas. 

Resolved  that  there  be  allowed  &  paid  out  of  the  public 
Treasury  the  sum  of  two  hundred  and  fifty  six  pounds 
being  the    whole    Amount  of  Pensions   due  to  Thomas 

*  Not  printed  in  previous  editions.    Not  signed  by  the  governor. 


Resolves,  1792.  —  January  Session.  283 

Bowling  one  hundred  and  Six  pounds  fifteen  shilling  and 
eight  pence,  Richard  Harris  forty  seven  pounds  Eighteen 
shilling  John  McGoff  thirty  two  pound  ten  shilling  and 
ten  pence  and  Luther  Little  sixty  eight  pounds  fifteen 
shilling  and  six  pence  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated  said  sums  being  the  whole 
amount  of  their  Pensions  to  the  first  of  Jany.  1793,  and 
the  Govenour  with  the  advice  of  Counsell  is  requst.  to 
issue  his  warrants  on  the  Treasury  for  the  same,  and  tis 
further  Resolved  that  the  Govenor  be  and  hereby  is  Req'd 
for  the  future  to  issue  his  Warrants  on  the  Treasurer 
quarterly  for  the  payment  of  the  above-mentioned  Pen- 
sioners. March  19,  1793. 

Chapter  117. 

RESOLVE  ON  THE  PETITION  OF  MARY  BETHUNE. 

On  the  petition  of  Mary  Bethune  praying  for  the  Inter- 
est due  on  sundry  notes  for  money  loaned  to  the  late 
Province  of  Massachusetts  Bay  previous  to  the  Com- 
mencement of  the  late  war  with  Great  Britain. 

Resolved  that  there  be  allowed  &  paid  out  of  the  public 
treasury  one  years  Interest  due  on  said  notes,  the  princi- 
pal of  the  same  amounting  to  the  sum  of  Three  Thousand 
Two  Hundred  &  Eighty  Eight  pounds  2 /3d  out  of  any 
monies  in  his  hands  not  otherwise  appropriated. 

March  19,  1793. 

Chapter  118. 

RESOLVE  ON  THE  PETITION  OF  GEORGE  HALL  AND  OTHERS. 

On  the  Petition  of  George  Hall  and  others  Accom- 
panied with  a  Representation  from  the  Committee  for  the 
Sale  of  unappropriated  Lands  in  the  County  of  Berkshire. 

Resolved  that  the  Committee  for  the  Sale  of  unappro- 
priated Lands  in  the  County  of  Berkshire  be  and  they 
hereby  are  authorized,  and  impowerd  to  Settle  with  the 
Several  Persons  to  whom  they  have  Sold  any  part  of  the 
Lands  aforesaid,  Payment  for  which  w^as  to  have  been 
made  in  Consolidated  Notes  —  and  to  Receive  in  lieu  of  and 
as  a  Commutation  for  Said  Notes  Such  Sums  in  Specie  as 
they  the  Said  Committee  may  think  is  Just  and  Equitable. 

March  19,  1793. 


284  Resolves,  1792.  —  January  Session. 

Chapter  119. 

RESOLVE  ON  THE  PETITION  OF  FRANCIS  HARE. 

On  the  petition  of  Francis  Hare  Attourney  to  John 
Phelps  Late  a  Soldier  in  Colo.  Bailys  Regt.  in  the  Late 
Continental  Army  Praying  that  he  may  receive  the  AVages 
due  to  the  said  John  Phelps. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernor and  Council  the  pay  or  Arrears  of  pay  due  to  the 
said  John  Phelps  for  his  Services  as  a  private  Soldier  in 
Colo.  Bailys  Regt.  and  the  Treasr.  on  Receiving  a  Warrant 
is  hereby  Directed  to  Issue  his  note  or  notes  to  the  said 
Francis  Hare  in  the  same  way  and  manner  as  has  been 
practiced  in  paying  other  Soldiers  for  Simelar  Services. 

March  20,  1793. 

Chapter  130. 

RESOLVE  ON  THE  PETITION  OF  THOMAS  HITCHCOCK. 

On  the  Petition  of  Thomas  Hitchcock  Praying  for  the 
wasres  of  Amos  Stedman  late  a  Soldier  in  the  Continental 
Army  in  Colo.  Greaton's  Regiment  and  also  the  wages  of 
John  Stedman  a  Soldier  in  the  same  Regiment. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernor and  Council  in  Favour  of  the  LawfuU  Heirs  of  the 
said  Amos  Stedman  and  John  Stedman  the  pay  or  arrears 
of  Pay  due  to  the  said  Amos  Stedman  and  John  Stedman 
both  private  Soldiers  in  Colo.  Greatons  Regiment  and 
the  Treasurer  on  receiving  a  Warrant  therefor,  is  hereby 
Directed  to  Issue  his  note  or  notes  in  the  same  way  and 
manner  as  has  been  Practiced  in  paying  other  Soldiers  for 
Simelar  Services.  March  20,  1793. 

Chapter  121. 

RESOLVE  ON  THE  PETITION  OF  DAVID  REAL. 

On  the  petition  of  David  Beal.  Resolved  that  the 
Collector  of  Excise  for  the  County  of  Plymouth  be  and 
hereby  is  authorized  and  directed  to  credit  and  allow  to 
the  said  David  in  the  settlement  of  his  Excise  Account 
the  sum  of  Thirteen  pounds  and  seventeen  shillings  for 
an  Excise  order  for  twenty  one  pounds  and  six  shillings 
which  the  said  Beal  purchased  and  paid  to  the  said  Collec- 
tor and  which  was  also  received  by  the  Treasurer  of  the 


Eesolves,  1792.  —  January  Session.  285 

Commonwealth  of  said  Collector  but  afterwards  was  re- 
turned to  said  Collector  being  discovered  to  have  been 
forged,  the  innocence  and  integrity  of  the  said  Beal  in 
the  premises  being  apparent,  and  the  person  of  whom  the 
said  Beal  purchased  said  order  having  absconded  while 
the  order  was  in  the  hands  of  the  Officers  of  Government, 
whereby  the  said  Beal  has  lost  his  remedy  against  him. 

And  the  Treasurer  of  the  Common  Wealth  is  also  hereby 
authorized  and  directed  to  credit  and  allow  to  the  said 
Collector  of  Excise  in  the  settlement  of  his  Account  the 
same  sum  of  Thirteen  pounds  and  seventeen  shillings  for 
and  on  account  of  the  order  abovementioned. 

March  21,  1793. 

Chapter  133. 

KESOLYE    ON    THE    PETITION    OF    JOSEPH    TUCKER    AND  PARK 
HOLLAND,  GRANTING  THEM  £.150  EACH. 

On  the  Petetion  of  Joseph  Tucker  Late  pay  master  and 
Agent  of  the  Seventh  Regiment  of  the  Massachusetts 
line,  and  Park  Holland  Late  pay  master  and  Agent  of  the 
fifth  Regiment  of  the  Massachusetts  Line  Praying  Further 
Compensation  for  their  Services. 

Itesolved  that  There  be  allowed  and  paid  out  of  the 
publick  Treasury  of  this  Commonwea[ZJth  to  the  said 
Joseph  Tucker  and  Park  Holland  the  sum  of  one  hundred 
and  fifty  pounds  Each  Out  of  any  Monies  unappropriated 
in  the  said  Treasury,  which  with  the  sum  of  one  hundred 
and  Twenty  pounds  heretofore  Reed,  by  Each  of  the  said 
petetioners  shall  be  Considered  as  a  full  Compensation  to 
the  said  ag-ents  for  their  said  services  the  same  to  be 
charged  to  the  United  States.  3farch  21,  1798. 

Chapter  133  a.* 

ORDER  ON  THE  PETITION  OF  JAMES  FISK. 

On  the  petition  of  James  Fisk  agent  for  the  town  of 
Greenwich,  praying  that  he  may  be  impowered  to  review 
three  actions  brought  by  David  Armour,  John  Armour  & 
Mary  Armour  against  James  Nevins  for  reasons  set  forth 
in  said  petition. 

Ordered  that  the  petitioner  serve  the  said  David  Ar- 
mour, John  Armour  and  Mary  Armour  with  an  attested 
copy  of  his  petition  and  this  order  thereon  twenty  days 

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


286  Kesolves,  1792.  —  January  Session. 

before  the  third  Wednesday  of  the  first  session  of  the 
next  General  Court  to  appear  on  said  third  Wednesday 
&  shew  cause  if  any  they  have,  why  the  prayer  of  the 
said  petition  should  not  be  granted.         March  21,  1793. 

Chapter  133. 

RESOLVE  ON  THE  PETITION  OF  JOSIAH  CARTER  AND  OTHERS. 

On  the  Petition  of  Josiah  Carter  &  others  praying  for 
Liberty  to  lay  their  Accounts  before  the  Committee  on 
Accounts. 

Resolved  for  Reasons  set  forth  in  said  Petition  that  the 
prayer  thereof  be  granted  and  the  Committee  on  Accounts 
are  hereby  impowered  to  examine  and  allow  the  said 
accounts  or  such  part  thereof  as  shall  appear  to  them  to 
be  Just  and  right  any  law  or  Resolve  to  the  Contarary 
notwithstanding.  March  21,  1793. 

Chapter  124. 

RESOLVE  DIRECTING  THE  ATTORNEY  GENERAL  TO  PROSECUTE 
CERTAIN  PERSONS  WHO  HAVE  UNLAWFULLY  ENTERED  ON 
LANDS  OF  THIS  COMMONWEALTH  ON  BOTH  SIDES  ANDRO- 
SCOGGIN RIVER. 

Whereas  there  is  reason  to  believe  that  certain  per- 
sons undei'  the  denomination  of  the  Pejepscut  proprietors, 
have  unlawfully  entered  on  the  lands  of  this  Common- 
wealth lying  on  both  sides  of  Androscoggin  River  in  the 
Counties  of  Cumberland  &  Lincoln  claiming  the  same 
under  pretence  of  title,  which  has  rendered  it  expedient 
to  have  the  limits  of  their  claim  setled  by  judicial  pro- 
ceedings :  Therefore 

Resolved,  that  the  Attorney  General  be  &  he  is  hereby 
directed  to  commence  &  prosecute  action  or  actions  proc- 
ess or  processes  according  to  the  laws  of  this  Common- 
wealth, in  order  to  remove  intruders,  &  to  cause  the 
Commonwealth  to  be  quieted  in  the  possession  of  the  lands 
thereof,  on  both  sides  of  the  said  Androscoggin  River 
above  and  Northwardly  of  a  Southw^est  line,  drawn  on  the 
Westerly  side  of  the  said  River  from  the  Uppermost  part  of 
the  upper  falls  in  the  town  of  Brunswick,  &  on  the  East 
side  of  the  said  River  northwardly  of  a  Northeast  line  drawn 
from  the  said  River  five  miles  above  the  said  uppermost 
falls  in  the  town  of  Brunswick,   extending  up  the  said 


Resolves,  1792.  —  January  Session.  287 

river  to  the  limits  of  this  Commonwealth  &  holding  the 
breadth  of  four  miles  on  the  west  side  of  said  River  & 
extending  to  the  lands  belonging  to  the  Plymouth  Com- 
pany &  Kennebeck  river  on  the  east  side  of  said  River, 
Provided  that  no  suit  or  process  shall  be  brought  against 
any  person  within  the  limits  of  the  tract  afore  described 
holding  under  a  grant  from  this  government  or  by  any 
title  confirmed  by  this  government. 

And  it  is  further  Resolved  that  the  Attorney  General 
be  &  he  is  hereby  impowered,  at  the  expence  of  the  Com- 
monwealth to  obtain  such  assistance  in  the  prosecution  of 
such  suits  as  he  may  judge  necessary.     March  21,  1793. 

Chapter  125. 

RESOLVE  ON  THE  PETITION   OF  THOMAS   WOOD,  3d,  GRANTING 

HIM  £.6  5  4. 

On  the  Petition  of  Thomas  Wood  3rd.  of  Middleboro 
late  a  Nine  Months  Soldier  in  Colo.  Bradford's  Regt. 
Setting  forth  that  he  has  been  unjustly  deprived  of  his 
wages,  and  whereas  it  appears  after  a  Critical  enquiery 
that  there  were  Two  other  Persons  by  the  Xame  of  Thomas 
Wood  in  Said  Service  from  Newbury  Port,  the  father  and 
son,  tho'  Not  in  the  same  Regt.,  one  of  whom  w\as  Not 
returned,  and  by  reason  of  Said  Oraition  Thomas  Wood 
the  Father  Applying  for  his  and  his  Sons  wages  drew 
what  was  realy  due  to  Thomas  Wood  of  Middleboro 
aforesaid  Suposing  it  to  be  his  Sons. 

Resolved  that  there  be  allowed  and  paid  out  of  the  pul)- 
lic  Treasur[?/]  to  the  Said  Thomas  Wood  the  Petitioner 
the  Sum  of  Six  pounds  five  Shillings  and  four  pence  be- 
ing the  Sum  which  he  was  made  up  in  the  return,  in  the 
Same  way  and  Manner  as  other  Soldiers  were  paid  for 
Similar  Services  it  having  been  paid  as  aforesaid  Notwith- 
standing .  March  21 ,  1 793. 

Chapter  126. 

RESOLVE  ON  THE  PETITION  OF  JAMES  SPROUT,  ESQ. 

On  the  Petition  of  James  Sprout  Esqr.  praying  that  the 
wages  due  to  the  estate  of  Pelham  Wood  a  Soldier  in 
the  Army  of  the  United  States  deceased,  may  be  paid  to 
the  heirs  of  the  Deceased. 

Resolved  that  the  prayer  thereof  be  granted  and  that 


288  Kesolves,  1792.  —  January  Session. 

John  Demming  Esqr.  Certify  to  the  Governor  and  Coun- 
cil in  favour  of  the  Lawfull  heirs  of  Pelham  Wood  the 
pay  or  arrears  of  pay  due  to  the  Heirs  of  Said  Wood  for 
his  Services  as  a  Soldier  in  the  Continental  Army,  and 
that  the  Treasurer  be  and  he  is  here  by  directed  on  receiv- 
mg  the  Governor's  warrant  therefor  to  Issue  his  Note  or 
Notes  to  the  sd.  Pelham  AVood,  in  the  Same  way  and  man- 
ner as  other  Soldiers  were  paid,  for  Similar  Servic[e]s. 

March  21,  1793. 

Chapter  136a.* 

ORDER  DIRECTING   THE   SECRETARY   TO   MAKE  A  TRANSCRIPT 
OF  THE  COUNTY  BOOKS  CONTAINING  VALUATION. 

Ordered  that  the  Secretary  be,  and  he  hereby  is  directed 
to  make  a  Mr  transcript  of  the  several  County  books 
which  contain  the  estimates  of  the  property  by  which  the 
Committee  on  valuation  made  their  report,  which  together 
with  the  report  of  said  Committee,  and  the  new  draft  as 
accepted  and  established  by  the  present  General  Court 
containing  the  sum  each  town,  district  and  plantation 
shall  pay  to  a  thousand  pounds  in  future  taxes,  he  shall 
cause  to  be  bound  in  one  volume,  and  lodged  in  the 
Secretary's  office.  And  the  Secretary  is  further  directed 
to  cause  said  new  draft  to  be  printed  amongst  the  resolves 
of  the  present  session.  March  27,  1793. 

Chapter  137. 

RESOLVE   ON  THE   PETITION  OF  SAMUEL  LAURENCE. 

Upon  the  Petition  of  Samuel  Laurence  of  Groton  in 
the  County  of  Middlesex. 

Resolved,  for  the  reasons  set  forth  in  said  Petition,  that 
all  the  right  and  title  of  this  Common  wealth  in  and  to  the 
lands  tenements  and  hereditaments  in  said  Groton  now  in 
the  said  Samuel's  possession  which  were  formerly  the  estate 
of  Samuel  Tarbell  late  of  said  Groton,  Gentleman,  de- 
ceased, which  he  the  said  Laurence  claims  as  heir  to  his 
Father  Amos  Laurence  deceased,  whose  title  thereto  was 
by  purchase  partly  from  this  Commonwealth  &  partly 
from  the  heirs  of  said  Samuel  Tarbel  deceased,  be  and 
hereby  is  remised  released  and  quitclaimed  to    him   the 

*  Not  printed  in  previous  editions.    Talien  from  court  record. 


Eesolves,  1792.  —  Janxtary  Session.  289 

said  Samuel  Laurence  his  heirs  and  assigns  forever; 
Upon  Condition  that  he  release  to  the  Commonwealth  in 
such  manner  as  the  Attorney  General  shall  direct,  all  the 
covenants  to  warrant  two  ninths  of  the  premises,  con- 
tained in  a  certain  deed  made  to  said  Samuel  Laurence's 
said  Father  (by  James  Prescott  Esq.  &  others  a  Commit- 
tee of  the  General  Court  appointed  for  that  purpose)  of 
said  two  ninth  parts  thereof,  dated  the  sixteenth  day  of 
December  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  eighty  four,  &  shall  further  covenant  to 
indemnify  the  Commonwealth  against  those  Covenants 
within  two  Months  from  this  time  — 

And  further  resolved  that  the  Attorney  General  be  and 
he  hereby  is  directed  to  withdraw  the  action  now  depend- 
ing against  him  the  said  Samuel  Laurence  in  the  name 
and  behalf  of  the  Commonwealth,  for  the  profits  of  said 
Lands,  and  prosecute  the  same  no  farther,  upon  said 
Samuel  Laurences  paying  the  Costs  arisen  or  that  may 
arise  in  said  suit  previous  to  said  Samuel  Laurences 
shewing  this  Resolve  to  the  said  Attorney  General. 

March  21,  1793* 

Chapter  138. 

RESOLVE  GRANTING  £7  10  TO  NATHANIEL  THWING. 

On  the  Memorial  of  Nathl.  Thwing,  stating  that  he  dis- 
charged the  duties  of  Clerk  to  the  Committee  on  the 
Valuation  &  requesting  allowance  therefor. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Treas- 
ury of  this  Commonwealth  to  Nathl.  Thwing  Esqr.  Seven 
Pounds  ten  shillings  in  full  for  his  Services  as  Clerk  to 
the  Committee  on  Valuation  for  the  Period  of  Ninety  days 
in  addition  to  his  Pay  as  a  member  of  sd.  Committee. 

March  22,  1793. 

Chapter  139. 

RESOLVE   ALTERING   THE   TIME  FOR  HOLDING  COURTS  IN  THE 
COUNTY  OF  WORCESTER. 

Resolved  that  the  Court  of  General  Sessions  of  the 
peace  and  Court  of  Common  pleas  which  were  by 
law  to  have  been  holden  at  Worcester  within  and  for  the 
County  of  Worcester  on  the  tuesday  next  preceding  the 

•  Approved  March  22,  1793. 


290  Resolves,  1792.  —  January  Session.  . 

last  tuesday  of  March  instant  shall  be  holden  at  said 
AVorcester  in  and  for  said  County  of  Worcester  on  the 
last  tuesday  of  March  instant :  And  that  all  writs  Execu- 
tions, Warrants  recognisanc[e]8  &  other  processes  that 
were  returnable  to  and  all  Causes  Actions  m.'ttters  and 
things  depending  in,  said  Courts  at  the  said  time  when 
they  were  to  have  been  holden  as  aforesd.  shall  be  re- 
turned to  and  have  day  in  &  be  acted  upon  in  said  Courts 
at  the  time  by  this  resolve  appointed  for  holding  the  same, 
in  the  same  manner  as  they  might  have  been  returned  to 
had  day  in  and  been  acted  upon  therein  at  the  time  they 
were  to  have  been  holden  as  aforesd.  And  all  Jurors, 
parties  &  Witnesses  and  others  who  were  by  law  obliged 
to  attend  said  Courts  at  the  said  time  when  they  were  to 
have  been  holden  as  aforesaid  shall  be  holden  to  attend 
the  same  Courts  respectively  at  the  time  appointed  by 
this  resolve  for  holding  the  same  any  law  to  the  Contrary 
notwithstanding.  March  25,  1793. 


Chapter  130. 

RESOLVE  ON  THE  PETITION  OF  CALEB  LORD. 

On  the  Petition  of  Caleb  Lord  Attorney  to  Roger  Lord. 
Resolved  that  John  Deming  Esqr.  Certify  to  the  Governor 
and  Council  the  pay  or  arrears  of  [of]  pay  due  to  the  said 
Roger  Lord  for  his  Services  as  a  private  Soldier  in  Colo. 
Smiths  Regiment  and  the  Treasurer  on  receiving  a  War- 
rant therefor  is  directed  to  Issue  his  note  or  notes  to  the 
said  Roger  Lord  in  the  same  way  as  has  been  Practiced 
in  paying  other  Soldiers.  March  25,  1793. 

Chapter  131. 

RESOLVE  ON  THE  PETITION   OF  JAMES  PARMENTER,  GRANTING 

HIM  £.18. 

On  the  Petition  of  James  Parmenter  a  late  Soldier  of 
ye  Massachusetts  7th  Regt.  praying  for  one  years  wages 
from  Jany.  1780,  to  Jany.  1781,  while  he  was  a  Captive 
among  the  Indians. 

Resolv'd  that  there  be  allow'd  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  the  aforesaid  James 
Parmenter  the  Sum  of  Eighteen  Pounds  in  full  for  his 
wages  aforesaid,  and  that  the  Sum  so  paid  be  Charg'd  to 
the  United  States.  March  25,  1793. 


Resolves,  1792.  —  January  Session.  291 


Chapter  132. 

RESOLVE  MAKING  ESTABLISHMENT  FOR  THE  GARRISON  AT  THE 

CASTLE. 

Ou  the  petition  of  the  Non-commissioned  Officers  & 
Matrosses  on  Castle  Island. 

Resolv'd  that  there  be  paid  out  of  the  publick  Treasury 
of  this  Common  Wealth  to  each  of  the  noncommission 
Officers  and  Matrosses  on  Castle  Island,  from  and  after  the 
21st  day  of  December  last  the  following  Sums  ^  Month 
in  the  same  manner  as  they  have  heretofore  been  paid,  viz. 

To  each  quarter  Gunner  Two  pounds  six  shilling. 

To  each  Sergeant  Two  pounds  two  shilling. 

To  each  Corporal  One  pound  fourteen  shilling. 

To  each  Drumr.  &  Fifer  one  pound  fourteen  shilling. 

To  each  Matross  One  pound  ten  shillings. 

March  25,  1793. 

Chapter  133. 

RESOLVE  ON  THE  PETITION  OF  NATHAN  WOODMAN,  GRANTING 

HIM  £.30. 

On  the  Petition  of  Nathan  Woodman  a  Seaman  formerly 
of  the  Ship  Protector,  praying  for  Twenty  months  wages 
while  he  was  a  Prisoner  in  England,  which  was  not  pro- 
vided for  by  the  payroll  of  said  Ship. 

Kesolv'd  That,  there  be  allow'd  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  the  said  Nathan 
Woodman  the  Sum  of  Thirty  Pounds,  as  full  Payment 
for  his  Wages  aforesaid.  March  25,  1793. 

Chapter  134. 

RESOLVE   ON  THE  PETITION   OF  JEFFREY  RICHARDSON. 

On  the  petition  of  Jeffrey  Richardson  praying  that  this 
Court  would  empower  some  person  or  persons  to  make 
Sale  of  a  peice  of  land  situate  in  Boston  on  the  west  side 
of  Fort  Hill  late  the  property  of  Eliakim  Hutchinson  of 
Roxbury  &  now  the  property  of  this  Commonwealth. 

Resolved,  That  Thomas  Davis  Esqr.  be  and  hereby  is 
empowered  to  make  sale  of  the  land  aforesaid,  all  the  land 
lying  between  the  Lots  on  which  the  Rope  Walks  of  said 
Thos.  Davis  &  Samuel  Emmons  now  stand  bounded  South- 


292  Resolves,  1792.  —  January  Session. 

eastirly  by  Cow  Lane  &  extendino^  Northwesterly  towards 
Milk  Street  equal  in  Length  with  the  Lot  of  the  said 
Thos.  Davis  and  to  make  and  execute  a  good  and  suffi- 
cient deed  thereof  to  the  said  Jeffrey  Richardson  for  the 
consideration  of  four  hundred  pounds ;  Provided  that  a 
passage  way  Ten  feet  in  width  shall  be  left  open  between 
any  building  which  said  Richardson  may  erect  on  the 
premises  and  a  Lot  owned  by  Samuel  Emmons  on  the 
north  side  of  the  land  aforesaid,  and  a  passage  of  two  feet 
in  width  shall  be  left  open  between  any  building  which 
the  said  Richardson  may  erect  on  said  land  &  the  Lot  on 
the  south  side  thereof  owned  by  Thomas  Davis  Esq.  the 
said  Emmons  and  Davis  to  allow  and  pay  to  the  said 
Richardson  for  one  moiety  of  their  respective  passage 
ways  as  aforesd.  in  proportion  to  the  whole  price  of  said 
Lot  so  to  be  sold  to  sd.  Richardson.  Ax\(\  provided  also 
that  the  said  way  between  the  said  Richardson  and  Em- 
mons shall  be  kept  open  forever  for  the  passing  of  the 
Inhabitants  of  the  Town  of  Boston,  they  paying  said 
Richardson  and  Emmons  a  reasonable  consideration  there- 
for. March  25,  1793. 

Chapter  135. 

RESOLVE  ON  THE  PETITION  OF  ISAAC  STONE  AND  OTHERS. 

On  the  Petition  of  Isaac  Stone  &  others  praying  for 
alowance  &  payment  for  their  travil  &  attendence  as  Wit- 
nesses at  the  trial  of  the  Insurgents  at  Worcester  Court, 
in  the  year  1787. 

Resolved,  for  reasons  set  forth  in  sd.  Petition  that  there 
be  alowed  &  paid  out  of  the  Treasury  of  this  Common- 
wealth to  the  several  persons  hereafter  named,  the  several 
sums  set  to  their  respective  names,  viz., — 

To  Isaac  Stone  fifteen  shillings  &  eight  pence. 

To  Jesse  Allin  fifteen  shillings  &  eight  pence. 

To  Willm.  Crawford  fourteen  shillings  &  eight  pence. 

To  Spencer  Field  fifteen  shillings  &  eight  pence. 

To  Rufus  Parmeter  fifteen  shillings  &  eight  pence. 

To  Thos.  Boyle  fifteen  shillings  &  eight  pence. 

To  Geo.  Richardson  fifteen  shillings  &  eight  pence. 

To  Reubin  McFarland  fifteen  shillings  &  eight  pence. 

To  Zadock  Foster  fifteen  shillings  &  eight  pence. 

To  James  Conant  fifteen  shillings  &  eight  pence. 

To  Jona.  Cutting  eleven  shillings. 


Kesolves,  1792.  —  January  Session.  293 

To  Moses  Caldwell  fifteen  shillings  &  eight  pence. 
To  Willm.  Green  fifteen  shillings  &  eight  pence. 
Which  sums  shall  be  in  full  for  their  pay  respectively 
for  their  Travil  &  attendence  as  aforesd. 

March  25,  1793. 

Chapter  136. 

RESOLVE  ON  THE  REPRESENTATION  OF  THOMAS  RUSSELL  AND 
JUDITH  COOPER. 

On  the  Representation  of  Thomas  Russell  &  Judith 
Cooper  respecting  a  demand  Existing  against  the  Estate 
of  the  Revd.  Samuel  Cooper  in  favour  of  this  Common- 
wealth for  three  hundred  fifty  nine  pounds  fourteen  shillgs 
&  ten  pence  payable  in  public  Securities  at  their  nominal 
Value. 

Resolv'd,  that  the  Treasurer  of  this  Commonwealth  be, 
&  he  hereby  is,  directed  to  receive  from  the  Executors 
of  ye  sd.  Saml.  Cooper,  One  Hundred  &  Thirty  Seven 
Pounds,  Sixteen  Shillings  &  8d.  as  full  Satisfaction  for 
the  aforesaid  demand  of  Three  Hundred  &  fifty  nine 
Pounds  fourteen  shillings  &  ten  pence  &  Interest  thereon, 
&  that  on  the  payment  of  ye  said  Sum  of  One  Hundred  & 
thirty  Seven  Pounds  sixteen  shillings  &  eight  pence  the 
Treasurer  shall  give  a  suflScient  discharge  to  the  Executors 
aforesaid  for  the  said  demand.  March  25,  1793. 

Chapter  137. 

RESOLVE  ON  THE  PETITION  OF  HUGH  ORR,  ESQ.  IN  BEHALF  OF 
THE  TOWN  OF  BRIDGWATER. 

On  the  Petition  of  Hugh  Orr  Esqr.  praying  that  the 
Treasurer  of  this  Commonwealth  may  be  directed  to  re- 
ceive of  him  the  Sum  of  Forty  one  Pounds  two  shillings 
in  state  Securities  and  receipt  to  him  therefor  in  behalf 
of  the  Town  of  Bridgwater  for  the  Sum  aforesaid  for 
reasons  set  forth  in  said  Petition. 

Resolved  that  the  Treasurer  of  this  Commonwealth  be 
and  hereby  is  directed  to  receive  of  the  said  Hugh  Orr 
the  Sum  of  Forty  one  Pounds  two  shillings  in  the  Con- 
solidated Notes  of  this  Commonwealth  in  payment  of  a 
like  Sum  due  from  the  Town  of  Bridgwater  on  Account 
of  a  Deficient  Collector  of  the  New  Emission  Tax  and  that 
the  Treasurer  receipt  to  the  said  Hugh  Orr  accordingly  in 
full  discharge  of  said  Sum  due  as  aforesaid  from  the  Town 
of  Bridgwater.  March  25,  1793. 


294  Resolves,  1792.  —  January  Session. 

Chapter  138. 

RESOLVE   ON  THE  PETITION  OF  JONATHAN   HOAR. 

On  the  petition  of  Jonathan  Hoar  a  Soldier  in  Colo. 
Bradfords  Regt.,  in  the  late  Continental  Army  Setting 
forth  that  his  wages  were  drawn  by  a  Forged  Order  and 
praying  Compensation  therefor. 

Resolved  that  the  prayer  thereof  be  Granted  and  the 
Treasurer  is  hereby  directed  to  Issue  his  note  or  notes  to 
the  said  Jonathan  Hoar  a  Soldier  in  Colo.  Bradford's 
Regt.,  in  the  same  way  and  manner  as  has  been  practiced 
in  paying  other  Soldiers  for  Simelar  Services  —  his  wages 
having  been  Drawn  by  a  Forged  order  notwithstanding. 

March  25,  1793. 

Chapter  139. 

RESOLVE  ON  THE  PETITION  OF  EPHRAIM  CHURCH. 

On  the  petition  of  Ephraim  Church  a  Soldier  in  the 
sixth  Massachusetts  Regt.  Commanded  by  Colo.  Nixon 
Setting  forth  that  his  wages  have  been  drawn  by  a  Forged 
Order  and  praying  Compensation  therefor. 

Resolved  that  the  prayer  thereof  be  Granted  and  the 
Treasr.  is  hereby  directed  to  Issue  his  note  or  notes  to 
the  said  Ephraim  Church  a  Soldier  in  Colo.  Nixon's  Regt. 
for  the  wages  that  were  due  to  him  and  drawn  by  a  forged 
order  in  the  same  way  and  Manner  as  has  been  practiced 
in  paying  other  Soldiers  for  Simelar  Services  —  his  wages 
having  been  drawn  by  a  forged  Order  notwithstanding. 

March  25,  1 793. 

Chapter  140. 

RESOLVE  ON  THE  PETITION  OF  EPHRAIM  LAWRENCE. 

On  the  petition  of  Ephraim  Lawrence  praying  Compen- 
sation for  his  services  in  manufacturing  Gun  Powder  for 
this  Commonwealth  during  the  late  contest  with  Great 
Britton. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Treas- 
ury of  this  Commonwealth  to  Ephraim  Lawrence  Ninety 
pounds  fifteen  shillings,  and  also  to  deliver  to  said  Ephraim 
Lawrence  a  Certain  Bond  now  in  the  Treasurer's  office 
bearing  date  ye  5th  July  1777  —  signed  by  Ephraim  Law- 


Resolves,  1792.  —  January  Session.  295 

rence,  Nehimiah  Hobart  and  Asa  Lawrence,  Conditioned, 
that  the  said  Ephraim  Lawrence  deliver  to  the  Com- 
isary  Genl.,  or  at  any  other  place  where  the  Genl.  Court 
should  order,  the  proceeds  of  Two  tons  of  Saltpeter 
(which  the  state  agreed  to  supply  him  with)  when  the 
same  should  be  manufactured  into  Gun  Powder,  the  a])Ove 
sum  of  Ninety  Pounds  fifteen  shillings,  together  with  the 
said  Bond,  to  be  a  full  compensation  for  his  said  services. 

March  25,  1793. 

Chapter  141. 

RESOLVE  ON  THE   PETITION  OF  WILLIAM  FARNSWORTH. 

On  the  petition  of  William  Farnsworth  a  Soldier  in 
Colo.  Greaton's  Regt.  in  the  late  Continental  Army  Set- 
ting forth  that  his  wages  have  been  drawn  by  a  forged 
Order  and  praying  Compensation  for  the  same. 

Resolved  that  the  prayer  thereof  be  Granted  and  the 
Treasurer  is  hereby  directed  to  Issue  his  note  or  notes  to 
the  said  William  Farnsworth  a  Soldier  in  Colo.  Greaton's 
Regt.  for  the  wao;es  which  were  due  to  him  &  which  have 
been  drawn  by  a  forged  order,  in  the  same  way  and  man- 
ner as  has  been  practiced  in  paying  other  Soldiers  for 
Simelar  Services  his  wages  having  been  Drawn  by  a 
Forged  Order  notwithstanding.  March  25,  1793. 

Chapter  143. 

RESOLVE   CONTINUING  WILLIAM   VANS,  ESQ.  A   COLLECTOR   OF 
EXCISE  FOR  THE  COUNTY  OF  ESSEX. 

Resolved,  that  for  the  purpose  of  collecting  the  excise 
in  the  County  of  Essex,  the  said  County  shall  from  the 
passing  this  Resolve  be  one  District. 

And  be  it  further  Resolved,  that  William  Vans  Esqr.  be, 
and  he  hereby  is  appointed.  Collector  of  Excise  for  said 
County,  to  continue  in  office  until  the  further  order  of  the 
General  Court  —  and  the  said  William  Vans,  or  his  Suc- 
cessor in  said  Office,  is  hereby  empowered  and  directed, 
to  demand  and  receive  of  the  late  Collector  of  Excise,  for 
the  North  District  in  the  County  of  Essex,  all  official 
Bonds,  Books  &  papers,  and  to  give  receipts  for  the  same  ; 
and  the  said  Vans,  is  hereby  empowered  to  collect  the 
Excise  now  due,  or  that  may  hereafter  become  due  from 
any  inhabitant  of  said  County,  in  as  full  &  ample  a  man- 


296  Resolves,  1792.  —  January  Session. 

ner,  as  if  he  had  been  appointed  Collector  of  Excise  for 
said  County,  in  the  way  and  manner  provided  by  an  Act 
passed  March  3rd,  A  D  1790 —  and  it  is  further  resolved, 
that  the  Excise  Officers  in  the  several  Counties,  who  are 
already  appointed,  or  that  may  be  hereafter  appointed, 
and  qualified  according  to  Law,  be  and  they  hereby  are 
empowered  to  issue  their  Warrant  or  Warrants,  for  col- 
lecting the  Excise  Duty  on  Carriages,  within  thier  re- 
spective Counties,  and  which  became  due  while  their 
Predecessors  were  in  Office,  and  now  remain  uncollected 
—  and  the  Constable  or  Constables  to  whom  the  said 
Warrant  or  Warrants  may  be  directed  &  delivered,  shall 
have  the  same  power,  in  all  respects,  to  collect  such  Ex- 
cise Duty,  as  a  Constable  or  Constables  would  have  had, 
by  a  proper  and  legal  Warrant  from  the  Excise  Officer,  to 
whom  the  said  Duty  on  Carriages  was  originally  payable. 

And  it  is  further  Resolved,  that  the  several  Excise 
Officers,  already  appointed,  or  that  may  hereafter  be 
appointed  Be,  and  hereby  are  required,  to  give  Bond  to 
the  Treasurer  of  the  Commonwealth,  payable  to  him  or 
his  Successor  in  office,  with  sufficient  sureties  to  the  ac- 
ceptance of  the  said  Treasurer  in  a  sum  not  more  than 
five  hundred  Pounds,  nor  less  than  one  hundred  Pounds 
at  the  discretion  of  the  said  Treasurer  ;  conditioned  for  the 
faithful  performance  of  the  Duties  of  thier  office,  agree- 
able to  Law.  And  if  the  Collector  of  Excise,  for  either 
of  the  Counties  of  Suffolk  Essex  or  Middlesex,  that  have 
not  already  given  Bond,  shall  after  the  first  Day  of  May 
next,  proceed  to  make  Collections  as  Collectors  of  Excise, 
without  giving  bond  as  aforesaid,  the  Collector  so  offend- 
ing, shall  forfeit  &  pay  the  sum  of  three  hundred  pounds, 
to  be  recovered  by  the  Attorney  General  on  complaint  of 
the  Treasurer  for  the  use  of  the  Commonwealth,  by  action 
of  Debt  or  information  —  and  the  Collectors  of  Excise,  in 
either  of  the  other  Counties,  that  have  not  already  given 
Bond,  that  shall  proceed  to  make  collections  as  Excise 
Officers,  after  the  first  Day  of  July  next,  without  giving 
bond  as  aforesaid,  shall  forfeit  &  pay  the  sum  of  two  hun- 
dred pounds,  to  be  recovered  in  the  manner  &  for  the 
purpose  before  mentioned. 

And  it  is  further  Resolved,  that  the  Secretary  be,  and 
he  hereby  is  directed,  to  transmit  a  Copy  of  this  Resolve, 
to  each  Collector  of  Excise  in  this  Commonwealth, 

March  25,  1793. 


Kesolves,  1792.  —  January  Session.  297 


Chapter  143. 

RESOLVE   ON   THE    PETITION    OF  TIMOTHY    CHILDS,  GRANTING 
HIM   £.12  18   10^. 

On  the  Petition  of  Timothy  Childs  Agent  on  the  Es- 
tate of  Elisha  Jones  of  Pittsfield  in  the  County  of  Berk- 
shire an  Absentee,  praying  for  a  reimbursement  of  money 
paid  by  said  Childs  into  the  Treasury  of  the  Common- 
wealth for  rents  received  on  said  Estate,  the  same  being 
afterwards  insolvent. 

Resolved  that  there  be  allowed  &  paid  out  of  the  pub- 
lic Treasury  to  the  said  Timothy  Childs  Agent  as  afore- 
said the  sum  of  Twelve  Pounds  Eighteen  Shillings  &  ten 
pence  \  in  full,  for  Five  hundred  &  twenty  five  pounds 
Eight  shillings  old  Emission  &  also  Twenty  two  pounds 
ten  shillings  New  Emission  which  sums  were  paid  into 
the  Public  Treasury  by  said  Childs  as  Agent  as  aforesaid, 
on  condition  of  his  delivering  to  the  Treasurer  two  re- 
ceipts in  his  possession  for  the  two  sums  last  mentioned 
said  Childs  to  be  accountable  to  the  Creditors  of  the  Es- 
tate of  said  Jones  in  manner  as  the  law  directs. 

3Iarch25,  1793. 

Chapter  144. 

RESOLVE    ON   THE   PETITION   OF  MATTHEW  TALLCUT. 

On  the  petition  of  Matthew  Tallcut  administrator  within 
the  state  of  Connecticut  on  the  estate  of  Elliot  Rawson 
late  of  Middleton  in  said  state  deceased. 

Resolved  for  reasons  set  forth  in  said  petition,  that  said 
Matthew  Tallcut,  be  and  he  hereby  is  authorised  to  sell 
at  publick  vendue  the  lands  of  which  said  Elliot  Rawson 
died  seized  that  are  within  the  towns  of  Milton  and 
Quincy  in  this  Commonwealth  and  in  his  said  capacity  to 
make  and  execute  sood  and  sufficient  deeds  of  the  same 
to  the  purchasers  giving  notice  and  taking  the  oath  as 
prescribed  by  the  laws  of  this  Commonwealth  for  the  sale 
of  real  estates  by  executors  and  administrators. 

March  26,  1793. 

Chapter  145. 

RESOLVE   ON  THE  PETITION   OF   JOHN  WALLIS. 

On  the  petition  of  John  Wallis  a  seaman  employed  on 
board  the  schooner  Lion  by  the  Committee  for  procuring 


298  Resolves,  1792.  —  January  Session. 

warlike  stores  in  the  year  1776,  praying  for  two  &  an  half 
months  wages  due  to  him  for  said  service. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Treas- 
ury of  this  Commonwealth  to  the  said  John  Wall  is  the 
sum  of  seven  pounds  &  ten  shillings  in  full  for  his  ser- 
vice aforesaid.  March  26,  1793. 


Chapter  146. 

RESOLVE     APPOINTENG    A    COMMITTEE     TO    THE    COUNTY    OF 
HAMPSHIRE. 

On  the  Petition  of  David  Smead  &  others  praying  for 
a  division  of  the  County  of  Hampshire  or  such  other  re- 
lief as  may  be  found  necessary. 

Resolved  That  Thomson  J.  Skinner,  Ebenezer  Pierce 
and  Nathaniel  Bishop  Esquires  be  a  Committee  to  repair 
to  the  County  of  Hampshire  (at  the  expence  of  the  Peti- 
tioners or  of  the  sd.  County  as  the  Committee  shall  think 
proper)  to  view  said  County  so  far  as  said  Committee 
may  think  proper,  &  hear  the  Inhabitants  of  said  County, 
by  their  Agents  respecting  the  greivances  suggested  in 
said  Petition,  said  Committee  are  hereby  directed  to  pub- 
lish the  time  and  place  of  their  meeting,  for  the  purpose 
aforesaid  in  the  North  Hampton,  Springfield  and  Green- 
field News  papers,  Three  weeks  prior  to  their  convening 
and  to  Report  their  Oppinion,  what  relief  if  any  is  neces- 
sary to  the  next  General  Court.  March  26,  1793. 

Chapter  147. 

RESOLVE   GRANTING  £.120  PER  ANNUM,  TO  JACOB  KUHN,  MES- 
SENGER TO  THE  GENERAL   COURT. 

On  the  Petition  of  Jacob  Kuhn,  Messenger  to  the  Gen- 
eral Court,  representing  that  the  Pay  allowed  him  and 
established  by  a  Resolve  of  the  Legislature,  which  passed 
March  7,  1789,  is  insufficient  for  his  support,  &  praying 
that  an  adequate  allowance  may  be  made  him. 

Resolved  that  from  and  after  the  thirtieth  day  of  May 
last,  there  be  allowed  and  paid  out  of  the  Treasury  of 
this  Commonwealth  to  the  Messenger  of  the  General 
Court,  one  hundred  &  twenty  pounds  annually. 

March  26,  1793. 


Resolves,  1792.  —  January  Session.  299 


Chapter  148. 

RESOLVE  EMPOWERING  GEORGE  PARTRIDGE,  SAMUEL  SMITH 
AND  NATHANIEL  HAMMOND,  ESQ.  TO  PERAMBULATE  AND 
SETTLE  THE  TRUE  BOUNDARY  LINE  BETWEEN  THE  LANDS 
OF  THE  MARSHPEE  TRIBE  OF  INDIANS  AND  THE  PROPRIE- 
TORS AND  TOWN  MENTIONED. 

Whereas  the  Honorable  Walter  Spooner  Esq.  one  of 
the  Overseers  of  the  Marshpee  and  Herring  pond  Tribes 
of  Indians  and  Joseph  Nye  Esq.  one  of  the  Guardians  of 
said  Indians  have  by  their  Memorial  represented  to  this 
Court  that  they  are  unable  to  preserve  the  property  of 
said  Indians,  for  want  of  proper  and  certain  boundaries 
being  kept  up  between  the  lands  belonging  to  said  Tribes 
and  the  several  Towns  and  Individuals  adjoining  the  same, 
and  they  on  behalf  of  said  Indians  and  Josiah  Samson, 
Josiah  Fuller,  Ebenezer  Crocker,  Nye  Jones,  Matthew 
Meiggs,  William  Fuller  and  Cornelius  Samson  being  a 
major  part  of  the  proprietors  of  lands  adjoining  said  In- 
dian lands  and  the  Selectmen  of  the  Town  of  Barnstable 
in  behalf  of  said  Town  have  mutually  requested  this  Court 
to  appoint  a  Committee  to  perambulate  and  settle  the 
boundary  lines  between  the  parties  : 

Resolved,  that  the  Honorable  George  Partridge  Esquire 
of  Duxbury  in  the  County  of  Plymouth,  Samuel  Smith 
of  Dartmouth  —  in  the  County  of  Bristol  and  Nathaniel 
Hammond  of  Rochester  in  said  County  of  Plymouth  be 
and  hereby  are  appointed  authorized  and  empowered  to 
perambulate  and  settle  the  true  boundary  lines  between 
the  lands  of  the  said  Marshpee  tribe  of  Indians  and  the 
proprietors  and  Town  aforesaid,  and  also  to  run  and  set- 
tle the  line  between  the  lands  of  the  said  Herring  pond 
Tribe  and  the  proprietors  of  land  adjoining  thereto,  or 
such  of  said  proprietors  as  shall  concur  with  said  Com- 
mittee in  running  and  settling  said  line.  The  doings  of 
the  said  Committee  certified  under  their  hands  to  this 
Court  and  accepted  &  recorded  in  the  OflSce  of  the  Reg- 
ister of  deeds  of  the  County  where  such  lands  lay  to  be 
definitive  and  conclusive  between  the  parties. 

March  26,  1793. 


300  Kesolves,  1792.  —  January  Session. 

Chapter  149. 

RESOLVE  ON  THE  PETITION  OF  STEPHEN  BADGER  AND  OTHERS. 

On  the  petition  of  Stephen  Badger  &  others. 

Whereas  Stephen  Badger  and  others  devisees  under 
the  Will  of  James  Griffen  deceased,  have  petitioned  the 
Legislature,  for  leave  to  sell  the  real  Estate  of  the  said 
testator;  and  whereas  for  the  reasons  set  forth  in  said 
petition,  it  is  thought  reasonable  that  permission  should 
be  given  to  sell,  the  real  Estate  whereof  the  said  James 
Griffen  died  seized,  and  that  the  Executor  to  the  Will  of 
said  testator  should  be  discharged  from  his  trust  upon  a 
Settlement  of  his  accounts  with  the  parties  interested  in 
said  Estate  : 

Resolved,  that  the  said  Stephen  Badger  and  Sarah  his 
wife  in  her  right,  and  the  surviving  heirs  of  Mary  Laugh- 
ton  late  of  Boston  deceased,  be  and  they  are  authorised 
&  empowered  to  sell  and  dispose  of  all  or  every  part  of 
the  real  Estate  of  James  Griffen  late  of  Boston  deceased, 
and  to  give  good  &  sufficient  deeds  thereof  in  fee  simple 
to  any  person  or  persons  who  may  purchase  the  same 
either  at  public  or  private  sale,  and  that  the  monies  aris- 
ing ft'om  such  sale  shall  be  applied  in  such  way  and  man- 
ner, and  divided  in  such  proportions  among  the  several 
claimants  as  they  shall  mutually  agree  upon,  by  covenants 
under  their  hands  &  seals  to  be  executed  by  them  or  their 
Attornies  prior  to  such  sale. 

And  be  it  further  resolved  by  the  authority  aforesaid, 
that  Bossenger  Foster  Esquire  sole  surviving  Executor  of 
the  Estate  of  the  said  James  Griffen,  be  and  he  hereby  is 
fully  and  compleatly  discharged  from  the  trust  reposed  in 
him  in  said  will  so  far  as  it  respects  the  real  Estate  of 
said  testator.  March  26,  1793. 

Chapter  150. 

RESOLVE  GRANTING  £.110  TO   CHARLES   GUSHING,  ESQ. 

On  the  petition  of  Charles  Gushing  Esqr.  one  of  the 
Clerks  of  the  Supreme  Judicial  Court  praying  for  allow- 
ance for  services  performed  in  said  oflSce. 

Resolved  that  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth  unto  the  said  Charles 
Gushing  the  sum  of  one  Hundred  &  Ten  Pounds,  which 


Resolves,  1792.  —  January  Session.  301 

with  the  fees  of  office  by  him  received  shall  be  in  full  for 
all  services  performed  in  said  capacity  before  the  passing 
of  this  Resolve.  March  26,  1793. 

Chapter  151. 

HESOLVE   ON  THE  PETITION  OF  SAMUEL  COOPER,  ESQ.  GRANT- 
ING HIM   £.21. 

On  the  Petition  of  Saml.  Cooper  Esqr.  one  of  the 
Managers  of  the  State  Lottery. 

Resolved  that  there  be  allowed  and  paid  out  of  the 
Public  Treasury  to  Saml.  Cooper  Esqr.  Twenty  one 
pounds,  he  depositing  in  the  said  Treasury  the  obligation 
of  Cornelius  Seabury,  by  which  it  appears  that  there  is 
that  sum  unaccounted  for  to  the  Commonwealth  by  said 
Seabur}^,  &  his  Excell'y  the  Governor  with  the  advice  of 
Council  is  hereby  requested  to  draw  his  Warrant  on  the 
Treasury  for  the  payment  of  the  said  sum. 

March  26,  1793. 

Chapter  153. 

RESOLVE  ON  THE   PETITION  OF  STEPHEN  IVES. 

On  the  petition  of  Amasa  and  Stephen  Ives.  Resolved 
for  reasons  set  forth  in  said  petition  that  the  prayer 
thereof,  be  so  far  granted  that  the  Treasurer  of  this  Com- 
monwealth be  and  he  hereby  is  authorised  and  directed  to 
receive  of  said  Amasa  and  Stephen  Ives  the  sum  of  eighty 
three  pounds  six  shillings  and  eight  pence  in  gold  and 
silver  in  full  for  the  sum  of  two  hundred  and  forty  five 
pounds  in  army  notes  due  from  Oliver  Parker  as  a  defi- 
cient collector  of  Number  four  tax  for  the  town  of  Adams. 

March  26,  1793. 

Chapter  153. 

RESOLVE   ON  THE   PETITION   OF  ISRAEL  HUTCHINSON. 

On  the  petition  of  Israel  Hutchinson.  Whereas  it  ap- 
pears that  Israel  Hutchinson  of  Dan  vers  in  the  County 
of  Essex,  did  engage  and  serve  in  the  Wars  of  1757, 
1758  and  1759  in  behalf  of  the  late  Province  of  Massa- 
chusetts under  the  British  Kino;  against  the  Common 
Enemy,  and  in  the  year  1759  was  honoured  with  a  Cap- 
tains Commission  and  raised  a  Company  and  served  under 


302  Resolves,  1792.  —  January  Session. 

the  late  British  General  Wolfe  at  the  reduction  of  Quebeck 
and  on  the  seventh  day  of  October  1763,  the  aforesaid 
British  King  issued  a  Proclamation  and  therein  made 
provission  for  such  Officers  &  Soldiers  as  were  engaged  in 
his  service  at  the  Reduction  of  Louisbourg  and  Quebeck 
Giving  direction  to  the  several  Governours  of  his  Prov- 
inces to  grant  such  tracts  of  Lands  as  were  promised  in 
the  said  Proclamation  —  And  on  application  being  made 
by  said  Israel  to  General  Thomas  Gage  when  Governour 
of  the  said  Province  He  the  said  General  did  proceed  so 
far  as  to  promise  that  he  the  said  Israel  should  recieve 
the  said  lands  agreably  to  the  said  Proclamation  —  But 
the  war  commencing  between  Great  Britn.  and  the  Colo- 
nies at  that  time  prevented  the  said  Israel  from  recieving 
the  said  lands : 

Therefore  it  is  Resolved  that  the  Comtte.  for  the  sale 
of  Eastern  Lands  be,  and  they  are  hereby  authorised  & 
directed,  to  set  off  to  the  said  Israel  Hutchinson  at  his 
expense.  One  Thousand  Acres  of  unapropriated  Lands  in 
some  part  of  the  district  of  Main  as  a  compensation  for 
the  many  services  of  the  said  Israel  whose  particular  Cir- 
cumstances make  such  a  grant  expedient. 

March  26,  1793. 

Chapter  154. 

RESOLVE   GRANTING  £.110  TO   JOHN  TUCKER,  ESQ. 

On  the  Petition  of  John  Tucker  Esq.  one  of  the  Clerks 
of  the  Supreme  judicial  Court  praying  for  an  Allowance 
for  Services  performed  in  said  OiBce. 

Mesolved  that  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  unto  the  said  John  Tucker 
the  Sum  of  One  Hundred  &  Ten  Pounds  which  with  the 
Fees  of  Office  by  him  receiv'd  shall  be  in  full  for  all  Ser- 
vices performed  in  said  Office  before  the  passing  of  this 
Resolve .  March  26^1 793. 

Chapter  155. 

RESOLVE  ALLOWING  THE  COUNTY  TREASURER'S  ACCOUNT  FOR 
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  by  Law 
prescribed,   which  accounts   are    hereby  Allowed ;    And 


Resolves,  1792.  —  January  Session.  303 

Whereas  the  Clerk  of  the  Court  of  ye  General  Sessions 
of  the  Peace  for  the  said  County,  has  laid  before  the  Gen- 
eral Court,  an  Estimate  made  by  the  said  Court  of  General 
Sessions  of  ye  Peace,  of  the  necessary  Charges,  likely  to 
arise  within  the  said  County,  the  current  year,  amounting 
to  six  hundred  Pounds : 

Resolved,  That  the  said  Sum  of  Six  Hundred  Pounds 
be,  and  is  hereby  Granted,  as  a  Tax  for  said  County  of 
Essex,  to  be  apportioned,  assessed,  collected  and  applied 
in  manner  agreeably  to  Law.  March  27,  1793. 

Chapter  156. 

RESOLVE   ON   THE  PETITION   OF  FRANCES   SHIRLEY  WESTERN. 

On  the  petition  of  Frances  Shirley  Western  Executrix 
of  the  last  Will  and  Testiment  of  William  Bollan,  Esqr. 
deceased  praying  that  the  arrears  of  Interest  due  from  the 
Commonwealth  to  said  Bollan,  may  be  paid  her. 

Resolved  for  reasons  set  forth  in  said  petition  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth to  Frances  Shirley  Western,  in  her  aforesaid  Ca- 
pacity the  arrears  of  Interest  that  may  be  found  due  to 
the  Estate  of  Wm.  Bollan,  Esqr.  agreeably  to  a  Kesolve 
of  the  General  Court  of  the  14th  of  June  1785  ;  And  his 
Excellency  the  Govenour,  with  advice  of  Council  is  re- 
quested to  Issue  his  warrant  on  the  Treasure [?']  for  the 
Same.  March  27,  1793. 

Chapter  157. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  THE  TOWN 

OF  BUXTON. 

On  the  petition  of  the  Select  Men  of  the  Town  of  Bux- 
ton by  their  agent ;  Shewing  that  a  Committee  was  ap- 
pointed by  the  General  Court  in  the  year  1762  to  settle 
the  bounds  of  the  Towns  of  Gorham  Buxton  Standish  & 
Others  —  That  said  Committee  in  pursuance  of  their  Com- 
mission established  the  Corner  bounds  (which  divides  the 
said  Towns  of  Buxton  Standish  &  Gorham)  but  never  Run 
the  line  between  the  said  Towns  from  the  Monuments  they 
established  as  aforesaid,  which  line  Divides  the  Counties 
of  York  &  Cumberland,  Whereby  great  inconveniences 
Arise  to  the  Inhabitants  of  the  said  Town  of  Buxton. 

Resolved  that  Jedediah  Prescott  Jun.,  Dummer  Sewall, 
&  John  Merrill  Esquires,  be  a  Committee  to  Run,  and 


304  Kesolves,  1792.  —  January  Session. 

Settle  the  line  between  the  said  Towns  of  Gorham  &  Bux- 
ton, and  between  the  Towns  of  Buxton  &  Standish,  agre- 
able  to  the  Report  of  a  former  Committee  of  the  General 
Court  who  fixed  the  corner  bounds  of  the  [the]  said  Towns 
in  the  year  1702  which  Report  was  Confirmd.  by  the  said 
General  Court  —  That  said  Committee  are  to  begin  at 
a  Certain  Hemlock  Tree  at  the  Southwest  Corner  of  the 
Town  of  Gorham  then  Run  between  the  said  Towns  of 
Gorham  &  Buxton  to  a  fir  Tree  at  the  Northwest  Corner 
of  sd.  Gorham,  Thence  Between  said  Buxton  &  the  Town 
of  Standish  to  a  Beech  Tree  at  the  north  Corner  of  sd. 
Town  of  Buxton,  which  line  divides  the  Counties  of  York 
&  Cumberland  —  That  said  Committee  shall  give  ten  days 
notice  to  the  Selectmen  of  the  said  Towns  of  Gorham, 
Buxton  &  Standish,  previous  to  the  time  they  appoint  to 
Run  the  said  lines,  that  they  may  appear  if  they  see  cause 
and  be  heard  before  said  Committee. 

And  said  Committee  are  hereby  directed  to  make  a  Re- 
turn of  their  doings  herein  to  the  General  Court  as  soon 
as  may  be  —  and  the  expence  of  the  said  Committee  to  be 
paid  by  the  Town  of  Buxton  —  which  Lines  when  Setled 
Shall  forever  hereafter  be  Considered  as  the  dividing 
Lines  of  Said  Towns. 

Provided  the  lines  to  be  now  run  by  the  Committee 
shall  not  affect  any  actions  at  Law  already  commenced. 

March  27,  1793. 

Chapter  158. 

RESOLVE    ON    THE    PETITION    OF    WILLIAM    FESSENDEN    AND 

OTHERS. 

On  the  Petition  of  William  Fessenden  &  others  Trus- 
tees of  Fryeburgh-academy. 

Resolved  That  there  be  and  there  hereby  is  granted  to 
the  said  Trustees  for  the  use  of  said  academy,  in  addition 
to  the  lands  with  which  the  same  has  been  heretofore  en- 
dowed, three  thousand  acres  of  Land,  to  be  laid  out  within 
the  County  of  York  under  the  direction  of  the  Committee 
for  the  Sale  of  eastern  Lands  and  in  such  place  as  the 
said  Committee  shall  direct.  March  27,  1793. 

Chapter  159. 

RESOLVE   ON  THE  PETITION   OF  PETER   TWITCHELL. 

On  the  Petition  of  Peter  Twitchell  of  Sherburn  Admin- 
istrator on  the  Estate  of  Joseph  Twitchell  Diceasd.  late 


Kesolves,  1792.  —  January  Session.  305 

Guardean  to  the  Natick  Indians  Praying  that  some  Per- 
son or  Persons  may  be  Appointed  to  Settle  the  Accounts 
(with  him)  of  the  Said  Joseph  Twichell. 

Resolved  That  Jonathan  Maynard  Esqr.  be  and  he 
herby  is  Authorized  and  Appointed  Guardian  to  the 
Said  Natick  Indians  and  that  he  Govern  himself  agreeable 
to  the  Law  in  that  case  made  and  Provided. 

And  be  it  further  Resolved  that  the  sd.  Jonathan  May- 
nard be  and  he  herby  is  Authorized  and  empowered  to 
Keceive  all  the  Property  that  may  be  found  in  the  hands 
of  the  said  Peter  Twitchell  belonging  to  the  Said  Natick 
Indians  and  to  settle  all  Accounts  and  to  Receive  all  Books 
and  Accounts  of  what  Name  or  Nature  soever  as  left  by 
him  the  said  Joseph  Twitchell  Guardean  and  now  in  the 
Hands  of  him  the  Said  Peter  Twitchell  his  Administrator 
and  that  he  Account  for  the  Same  to  the  Legislature  of 
this  Commonwealth  as  soon  as  may  be. 

March  27,  1793. 

Chapter  160. 

RESOLVE   GRANTING  TO   JOSIAH  NOTTAGE   £.100. 

On  the  petition  of  Josiah  Nottage.  Resolved.,  for  rea- 
sons set  forth  in  said  petition  that  there  be  allowed  and 
paid  out  of  the  Treasury  of  this  Commonwealth  to  the 
said  Josiah  Nottage  the  sum  of  One  hundred  pounds  in 
addition  to  the  sum  already  received  by  him  of  the  Quar- 
ter Master  General  and  in  full  for  his  Labour  &  expences 
in  liuilding  &  completing  a  Wharf  at  Rainsford  Island 
according  to  his  Account  accompanying  his  said  petition, 
and  for  a  Yawl  and  appurtenances  lost  by  him  while  en- 
gaged in  said  Business.  March  27,  1793. 

Chapter  IGl. 

RESOLVE  GRANTING  £.64  10,  TO  MOSES  HAMILTON  AND  OTHERS. 

Resolved,  That  there  be  allowed  &  paid  out  of  the 
Treasury  of  this  Commonwealth  to  the  said  Moses  Hamil- 
ton agent  of  New  Braintree  sixty  four  pounds  ten  shillings 
in  full  for  his  {&  the  other  agents  for  said  town's)  time 
and  expence  in  consequence  of  an  order  calling  on  the 
several  Towns  in  this  Commonwealth  to  make  proposals 
for  supporting  the  Poor  of  this  Commonwealth. 

March  27,  1793. 


306  Resolves,  1792.  —  January  Session. 


Chapter  163. 

RESOLVE    GRANTING   PAY    TO    THE    REV.  CHAPLAIN    AND    THE 

CLERKS. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Treas- 
ury of  this  Commonwealth  to  the  Revd.  Peter  Thacher 
Chaplain  of  the  two  houses  of  the  General  Court  fifteen 
Pounds,  and  to  Samuel  Cooper  Esq.  Clerk  of  the  Senate 
Seventy  Five  Pounds,  &  to  Henry  AVarren  Esq.  Clerk  of 
the  House  of  Representatives  Seventy  Five  Pounds  in  full 
for  their  services  respectively,  for  the  present  year  and 
that  the  Treasurer  be  &  he  hereby  is  directed  on  receiving 
"warrant  therefor  to  pay  the  same,  out  of  the  same  funds, 
&  in  the  same  manner,  as  the  members  of  the  General 
Court  are  paid  for  their  services  the  present  session. 

March  27.  1793. 


Chapter  163. 

RESOLVE    ESTABLISHING    THE    PAY    OF    THE    COMMITTEE    ON 

ACCOUNTS. 

Resolved  that  there  be  allowed  and  paid  out  of  the  pub- 
lick  Treasury  of  this  commonwealth  in  the  same  manner 
the  members  of  the  Genl.  court  are  paid  for  their  travel 
and  attendance  the  present  Session,  to  the  committy  ap- 
pointed to  Examine  and  pass  on  Accounts,  for  their  ser- 
vice on  said  committe  the  folowing  Sums  in  addition  to 
their  pay  as  members  of  the  Legislature  {viz.)  To  the 
Honble.  Joseph  Hosmer  Esqr.  for  forty  five  days  attend- 
ance the  sum  of  three  pounds  fifteen  shillings  To  the  Honble. 
Stephen  Metcalf  Esqr.  for  forty  five  days  attendance  the 
sum  of  three  pounds  fifteen  shillings  To  Benjamin  Read 
Esqr.  for  forty  five  days  attendance  the  sum  of  three 
pounds  fifteen  shillings  To  Enoch  Titcomb  Jr.  Esqr.  for 
Thirty  one  days  attendance  the  sum  of  two  pounds  eleven 
shillings  &  eight  pence  &  to  Samuel  Ward  Esqr.  for 
Thirty  six  days  attendanc[e]  the  sum  of  three  pounds  — 
which  sums  shall  be  in  full  for  their  service  aforesaid. 

March  27,  1793. 


Resolves,  1792.  —  January  Session.  307 


Chapter  164. 

RESOLVE  AUTHORIZmO  THE  PRESIDENT  AND  FELLOWS  OF 
HARVARD  COLLEGE  WITH  THE  ASSENT  OF  THE  BOARD  OF 
OVERSEERS,  TO  SELL  OR  EXCHANGE  ANY  LANDS  BELONGING 
TO  THE  SOCIETY,  AND  TO  CONVEY  THE  SAME  IN  FEE  SIM- 
PLE, WHERE,  &c. 

Whereas  there  is  a  doubt  whether  the  corporation  of 
Ha[?']vard  college  have  a  right  to  sell  or  exchange  any 
Lands  which  they  own,  although  it  is  frequently  for  the 
benefit  of  the  Society  that  such  sale  or  exchange  should 
be  made  : 

Resolved,  That  the  President  and  Fellows  of  Harvard 
College,  with  the  assent  of  the  board  of  Overseers,  have 
power  and  authority  to  sell  and  exchange  any  lands  be- 
longing to  the  Said  society,  and  convey  the  Same  in  fee 
Simple,  where,  by  the  Gift  or  Grant  of  the  Same  lands  to 
them,  they  are  not  restrained  by  the  donor  or  Grantor. 

March  27,  1793. 

Chapter  165. 

RESOLVE   ON  THE  PETITION  OF  JONATHAN  STICKNEY. 

On  the  petition  of  Jon.  Stickney  of  Billerica  in  the 
County  of  Middlesex,  setting  forth  that  an  execution  is 
issued  against  him  in  favor  of  the  Commonwealth  for  the 
sum  of  one  hundred  &  fifty  pounds,  as  a  Bondsman  for 
Lemuel  Blanchard  who  has  absconded. 

Resolved  That  for  reasons  set  forth  in  the  said  petition, 
the  Sherifl^"  of  the  County  of  Middlesex,  be  &  he  hereby 
is  directed  to  discharge  said  execution.  Provided  the  said 
Stickne}^  shall  pay  for  the  use  of  the  Comonwealth  fifty 
pounds  in  six  months  from  the  passing  this  Resolve  &  all 
legal  Costs  that  have  arisen  on  the  Action. 

March  27,  1793. 

Chapter  166. 

RESOLVE    DIRECTING    THE    TREASURER  TO  DELIVER   UP   TWO 
BONDS  IN  HIS   POSSESSION. 

Resolved  that  the  Treasurer  of  the  Commonwealth  be 
&  he  is  hereby  directed  to  deliver  up  &  discharge  two 
bonds  in  his  possession  signed  by  Robert  Morris  &  Sam- 
uel Ogden  both  dated  May  eleventh  one  thousand  seven 


308  Resolves,  1792.  —  January  Session. 

hundred  &  ninety  one  and  bearing  interest  from  the 
-eleventh  day  of  November  one  thousand  seven  hundred 
&  ninety  one,  one  of  said  bonds  for  the  sum  of  fifteen 
thousand  pounds  payable  May  eleventh  one  thousand  seven 
hundred  &  ninety  four,  the  other  for  the  sum  of  fifteen 
thousand  pounds  payable  May  the  eleventh  one  thousand 
seven  hundred  &  ninety  five. 

Provided  that  the  said  Robert  Morris  his  Agent  or 
Attorney  shall  deliver  to  the  said  Treasurer  two  other 
bonds  duly  executed  by  the  said  Morris,  with  interest 
"'till  paid,  one  conditioned  to  pay  the  Treasurer  of  the 
Commonwealth  or  his  Successor  in  Office  for  the  use  of 
the  said  Commonwealth  fifteen  thousand  pounds  on  or 
Isefore  the  eleventh  day  of  May  one  thousand  seven  hun- 
dred &  ninety  four,  the  other  conditioned  for  the  payment, 
as  aforesaid,  of  fifteen  thousand  pounds  on  or  before  the 
eleventh  day  of  May  one  thousand  seven  hundred  &  ninety 
five,  and  shall  also  pay  to  the  said  Treasurer  the  interest 
due  on  the  bonds  that  shall  be  discharged  to  the  time  of  the 
discharge,  &  shall  also  transfer  to  the  said  Treasurer  or 
his  Successor  in  Office  for  the  use  of  the  Commonwealth 
thirty  eight  thousand  pounds  of  the  funded  debt  of  the 
United  States  bearing  present  interest  of  six  per  cent 
annually  as  collateral  security  for  the  payment  of  the  said 
two  bonds  to  be  given  as  aforesaid  &  when  the  interest 
received  by  the  Treasurer  on  the  said  funded  debt  shall 
exceed  one  year's  interest  on  the  bonds  which  shall  be 
given,  it  shall  be  the  duty  of  the  Treasurer  to  make  out 
under  his  hand  a  certificate  of  such  surplus  to  his  Excel- 
lency the  Governour  who  is  thereupon  requested  with 
advice  of  Council  to  grant  his  warrant  on  the  Treasury 
of  the  Commonwealth  in  favor  of  said  Morris  for  the 
amount  of  such  surplus. 

And  it  is  further  Resolved  that  the  Treasurer  of  the 
Commonwealth  for  the  time  being  be  &  he  is  hereby 
directed  to  make  sale  of  the  said  funded  debt  or  a  suffi- 
cient sum  thereof,  for  the  payment  of  the  said  two  bonds 
or  either  of  them  that  may  remain  due  at  the  periods  of 
payment  therein  specified  —  And  the  said  Treasurer  is 
hereby  further  empowered  &  directed,  whenever  the  said 
two  bonds  to  be  given  as  aforesaid  shall  be  discharged,  to 
transfer  to  the  said  Kobert  Morris  his  executors,  adminis- 
trators or  assigns  the  aforesaid  sum  of  Thirty  eight  thou- 
:sand  pounds  of  the  funded   del)t  aforesaid  or  such  part 


Resolves,  1792.  —  January  Session.  309 

thereof  as  shall  remain  if  either  or  both  the  said  bonds 
shall  have  been  discharged  by  the  net  proceeds  of  the  sale 
of  any  part  of  the  said  funded  debt  as  above  directed. 

March  26,  1793* 

Chapter  167. 

RESOLVE  ON  THE  PETITION  OF  BENJAMIN  LINCOLN  AND 
CHRISTOPHER  GORE,  ESQUIRES,  TRUSTEES  OF  DERBY  SCHOOL 
IN  HINGHAM. 

On  the  Petition  of  Benjamin  Lincoln  Esqr.  and  Chris- 
topher Gore  Esqr.  two  of  the  Trustees  of  the  Derby 
School  in  Hingham  and  it  appearing  that  the  Estate  here- 
inafter mentioned  is  not  returned  for  the  Valuation  of 
that  Town. 

Besolved,  that  all  and  singular  the  lands,  buildings  and 
personal  Estate  within  the  said  Town  of  Hingham  the 
Income  wdiereof  is  by  a  certain  Deed,  and  by  the  last 
Will  of  the  late  Mrs.  Sarah  Derby,  appropriated  to  the 
Use  and  Support  of  said  Derby-School,  are  and  shall 
remain  during  such  appropriation,  wdiolly  discharged  of 
all  Public  Taxes ;  and  the  Assessors  of  the  said  Tow^n 
shall  govern  themselves  accordingly.       March  28, 1793. 

Chapter  168. 

RESOLVE  DIRECTING  THE  SECRETARY  TO  DELIVER  THE  RE- 
CORDING SECRETARY  OF  THE  HISTORICAL  SOCIETY  A  SET 
OF  THE  JOURNALS,  ACTS  AND  RESOLVES  OF  CONGRESS  AND 
OF  THE   GENERAL  COURT  OF  THIS   COMMONWEALTH. 

Resolved  that  the  Secretary  of  this  Commonwealth  be, 
and  he  hereby  is  directed  to  deliver  to  the  Recording 
Secretary  of  the  Massachusetts  Historical  Society,  one 
sett  of  the  Journals  of  Congress,  also  One  set  of  the 
Journals  &  Resolves  of  the  Legislature  prior  to,  &  since 
the  Revolution  as  far  as  he  is  able,  reserving  in  his  Office 
a  Com  pleat  set. 

Resolved  that  the  Secretary  for  the  time  being  is  further 
directed  to  deliver  to  said  Recording  Secretary  of  the 
Massachusetts  Historical  Society,  One  compleat  set  of  all 
the  Laws,  Resolves,  Journals,  Tax  Acts,  Proclamations 
and  other  doings  of  Gover[w]ment  wdiich  shall  hereafter 
be  printed  by  their  direction  —  The  same  to  be  deposited 

*  Approved  March  27,  1793. 


310  Resolves,  1792.  —  January  Session. 

in  the  Library  of  said  Society  —  provided  that  the  Legis- 
lature shall  at  any  time  have  the  use  of,  or  recal  any  or 
either  of  the  Books  or  papers  aforesaid  whenever  they 
ma}'-  think  proper.  March  28,  1793. 

Chapter  169. 

RESOLVE  RECTIFYING  A  MISTAKE  IN  A  RESOLVE  PASSED  11th 
FEBRUARY  LAST,  AUTHORIZING  THOMAS  LIBBY,  INSTEAD 
OF  TIMOTHY. 

Whereas  a  Resolution,  passed  this  Court  on  the  11th 
Day  of  February  last,  wherein  the  Name  of  Timothy 
Libby  was  inserted  by -mistake,  instead  of  Thomas 
Libby,  Administrator  de  bonis  non  of  Timotiiy  Libby 
deceased : 

Resolved,  That  Thomas  Libby,  be  &  he  is  hereby 
authorized  &  invested  w^ith  all  the  Power  &  for  all  the 
Purposes  mentioned  in  said  Resolve  any  thing  in  said 
Hesolve  to  the  contrary  notwithstanding. 

March  28,  1793. 

Chapter  170. 

RESOLVE   FOR  PAYING  AN  ASSISTANT  CLERK  TO  THE  SENATE. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Treas- 
ury of  this  Commonwealth  to  Thomas  Green  Assistant 
Clerk  to  the  Senate,  nine  shillings  per  day  during  the 
time  that  he  has  been  employed  the  present  Session,  & 
durino;  the  sittino-  of  the  Court  at  Concord,  amountini? 
in  the  whole  to  the  sum  of  Twenty  eight  pounds  seven 
shillings.  March  28,  1793. 

Chapter  171. 

EESOLVE  MAKING   AN  ADDITION  TO  THE  PAY  OF  THE  CLERKS 
IN  THE   SECRETARY'S  AND  TREASURER'S  OFFICES. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Treas- 
uiy  of  this  Commonwealth  to  each  of  the  Clerks  in  the 
Secretary's  &  Treasurer's  Office  and  the  Messenger  of  the 
Governor  &  Council  one  shilling  per  day  from  the  thirtieth 
of  January  last  in  addition  to  the  pay  already  established 
to  continue  'till  the  next  sitting  of  the  General  Court. 

March  28,  1793. 


Resolves,  1792.  —  January  Session.  311 

Chapter  173. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  BIDDEFORD. 

On  the  petition  of  the  Select  men  of  Biddiford  by  their 
Agent  Joseph  Morrell. 

liesolved  that  Nathl.  Wells,  Thomas  Cutts  &  John  Low 
Esquires  be  and  hereby  are  appointed  a  Committee  to 
settle  and  establish  the  lines  betwen  the  Towns  of  Bidde- 
ford,  Arundell  and  the  Plantation  of  Little  Falls  in  the 
County  of  York  and  said  Committee  are  hereby  directed 
to  notify  the  Select  Men  of  Said  Biddeford,  Arundell  & 
two  or  more  of  the  principal  Inhabitants  of  Little  Falls 
of  the  time  they  shall  attend  said  service,  in  order  that 
said  select  men  and  principal  Inhabitants  may  have  an 
Oppertunity  to  be  heard  before  said  Committee  Provided 
also  that  all  the  expences  that  may  arise  shall  be  paid  by 
Said  towns  &  plantation.  March  28,  1793. 

Chapter  173. 

RESOLVE   ON  THE   PETITION  OF  LURINDA  ADAMS. 

On  the  Petition  of  Lurinda  Adams. 

Whereas  Richard  Tidmarch  late  of  the  City  of  Philadel- 
phia deceased  intestate  and  without  any  legal  hier  which 
hath  yet  appeard  and  was  seized  of  certain  Estate  in  the 
Town  of  Stockbridge  within  this  Commonwealth  and 
whereas  said  Lurinda  was  nearly  related  by  affinity  to 
said  Richard  and  by  reason  of  Sickness  and  indigence  is 
likely  soon  to  want  assistance  ;  it  being  also  represented, 
that  it  was  the  wish  of  the  said  Richard  that  the  said 
Lurinda  should  eventually  have  said  Estate  :    Therefore 

Resolved  that  all  the  estate  of  the  said  Richard  Tid- 
march which  by  the  Laws  of  this  Commonwealth  (after 
the  final  settlement  of  all  the  legal  claims  thereon)  may 
be  the  property  thereof  be  and  hereby  is  granted  to  the 
overseers  of  the  poor  of  the  Town  of  Stockbridge  in  the 
County  of  Berkshire  for  the  time  being  and  shall  by  them 
and  their  Successors  in  said  ofiice  from  time  to  time,  be 
expended  for  necessary  and  comfortable  support  of  the 
said  Lurinda  according  to  their  discretion  &  for  which 
they  shall  account  to  this  Commonwealth  when  required 
and  if  any  of  the  said  Estate  may  remain  in  this  maner 
unexpended  at  her  decease  it  is  hereby  granted  to  the 


312  Resolves,  1792.  —  January  Session^. 

Heirs  of  the  Body  of  said  Lurinda  provided  however  if 
she  shall  have  no  such  lieirs  she  shall  have  power  to  de- 
mise the  same  any  Law  to  the  Conterary* notwithstanding. 

March  27,  1793. 

Chapter  174. 

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

On  the  Petition  of  the  select  Men  of  the  Town  of 
Charlemont  seting  forth  that  the  sum  of  seventy  one 
pounds  thirteen  shillings  &  five  pence  hath  been  reas- 
sessed on  the  Inhabitants  thereof,  in  consequence  of  the 
failure  of  Othniel  Taylor  Collector  of  Tax  No.  5  —  and 
that  there  yet  remains  unpaid  of  sd.  Tax  —  eleven  pounds, 
one  shilling  &  eleven  pence,  specie,  &  Fifteen  pounds 
seven  shillings  &  four  pence  Army  Notes,  and  praying 
they  might  be  abated  the  last  mentioned  sum. 

Resolved  for  reasons  set  forth  in  said  Petition  that  the 
prayer  thereof  be  so  far  granted,  that  the  sum  of  Fifteen 
pounds  seven  shillings  &  four  pence  in  Army  Notes,  be 
and  hereby  is  abated  to  the  said  Town  being  part  of  the 
sum  set  thereon  in  Tax  No.  5  and  the  Treasurer  is  hereby 
directed  to  govern  himself  accordingly. 

March  27,  1793. 

Chapter  175. 

RESOLVE  DIRECTING  THE  TREASURER  WHEN  HE  SHALL  PUB- 
LISH A  DESCRIPTION  OF  NOTES  OBTAINED  ON  FORGED 
ORDERS,  TO  PUBLISH  THE  NAMES  OF  THE  PERSONS  "WHO 
RECEIPTED    FOR    SAME. 

Resolved  that  the  Treasurer  of  this  Commonwealth  be 
&  he  hereby  is  directed  when  he  causes  to  be  published, 
agreeable  to  a  Resolve  passed  March  18th,  1785  a  de- 
scription of  the  Notes  that  have  been  obtained  by  forged 
orders  —  to  publish  at  the  same  time  the  name  or  names 
of  the  person  or  persons  who  receipted  for  the  notes 
obtained  as  aforesaid.  March  27,  1793. 

Chapter  176. 

RESOLVE    DIRECTING    THE    TREASURER    TO    KEEP    HIS    BOOKS 
BALANCED  AT  ONE  PERIOD   EVERY  YEAR. 

Resolved  that  it  shall  be  &  hereby  is  made  the  duty  of 
the  Treasurer  &  Receiver  General  of  this  Commonwealth 
to  keep  his  books  of  all  monies  taxes  &  other  transactions, 


Resolves,  1792.  —  January  Session.  313; 

posted  up  &  ballanced  at  one  period  at  least  in  every  year, 
in  order  that  the  state  of  the  treasury  may  appear  &  be 
clearly  understood  by  the  Legislature.     March  27,  1793. 

Chapter  177. 

RESOLVE   DIRECTING  THE   TREASURER  TO  PAY  THE  REMAIN- 
ING THIRD  OF  NOTES,  &c. 

Resolved  that  the  Treasurer  be  &  he  hereby  is  directed 
on  the  first  day  of  May  next  to  pay  out  of  any  monies 
in  the  treasury  the  last  third  of  the  notes  given  pursuant 
to  Resolve  passed  Feby.  21  1791  &  also  such  warrants, 
orders,  &  due-bills  as  are  designated  in  said  resolve  — 
with  the  interest  thereon  to  the  sd.  first  day  of  May. 

And  the  Treasurer  is  further  directed  to  give  notice  in 
the  public  newspapers  that  payment  will  be  made  as 
aforesaid  &  that  the  interest  thereon  w^ll  cease  from  & 
after  the  said  first  day  of  May  next.  And  in  case  there 
shall  not  be  sufficient  money  in  the  treasury  for  the  pur- 
poses aforesaid  the  Treasurer  is  authorized  to  borrow  on 
loan  from  the  Union  Bank  such  sum  or  sums  of  money  as 
may  be  wanted  therefor  &  the  same  repay  to  the  Bank 
out  of  the  first  monies  recieved  into  the  treasury. 

March  27,  1793. 


Chapter  178. 

RESOLVE  ON  THE  PETITION  OF  SARAH  BRADFORD. 

On  the  Petition  of  Sarah  Bradford  Widow  of  John 
Bradford  late  of  Rehoboth  in  the  County  of  Bristol  de- 
ceased &  the  Creditors  to  the  estate  of  the  said  John  setting 
forth  that  a  laro;e  house  with  about  four  Acres  of  land 
thereto  adjoining  were  set  off  out  of  said  estate  to  the 
said  Sarah  as  her  dower  or  third  therein  that  said  house 
is  in  a  ruinous  State  &  untenantable  &  that  the  said  Sarah 
is  unal)le  to  repair  the  same  &  therefore  praying  that  the 
same  may  be  sold. 

Resolved  that  the  prayer  of  the  said  Petition  be  granted 
&  the  Judge  of  Probate  for  the  County  of  Bristol  be  & 
hereby  is  empowered  to  appoint  some  suitable  person  to 
make  sale  of  said  house  &  land  at  publick  Vendue  for 
the  most  the  same  will  fetch  &  the  person  who  may  be 
appointed  by  the  said  Judge  for  the  sale  of  the  said  house 
&  land  is  hereby  impowered  to  sell  the  same  accordingly 


314  Resolves,  1792.  —  January  Session. 

&  make  and  execute  to  the  purchaser  a  good  &  sufficient 
deed  thereof. 

Provided  that  the  person  who  shall  be  appointed  to  sell 
said  house  &  land  pursuant  to  this  Resolve  shall  previous 
to  the  sale  thereof  give  bond  with  sufficient  sureties  to 
the  said  Judge  of  Probate  in  such  sum  as  he  shall  direct 
that  the  Interest  of  the  neat  proceeds  of  the  sale  shall  be 
annually  paid  to  the  said  Sarah  during  her  life  &  that  the 
principal  sum  arising  from  the  sale  of  said  house  &  land 
(all  necessary  expence,  being  first  deducted  therefrom) 
shall  at  the  decease  of  the  said  Sarah  be  applied  to  the 
payment  of  the  Creditors  of  the  said  John  deed,  in  pro- 
portion to  their  several  &  respective  claims  &  shall  give 
such  Notice  previous  to  the  said  sale  &  observe  such  other 
rules  as  the  said  Judge  shall  direct.         March  28,  1793. 

Chapter  179. 

RESOLVE  GRANTING  18s.  TO  NATHANIEL  THWING,  AND   10s.  TO 
EDWARD  H.  ROBINS,  ESQR. 

Resolved  that  there  be  allow'd  and  Paid  out  of  the 
Treasurey  of  this  Commonwealth,  to  Nathl.  Thwing  Esq. 
the  sum  of  Eighteen  Shillings,  and  to  Edward  H.  Rob- 
ins, Esqr.  ten  shillings  in  full  of  the  within  accounts. 

March  28,  1793. 

Chapter  180. 

RESOLVE   ON  THE  PETITION  OF  JOHN  MORGAN. 

On  the  Petition  of  John  Morgan  a  private  Soldier  in 
Colo.  Hazens  Regt.  Praying  that  he  may  receive  the 
wages  due  to  him  for  his  Service. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernor and  Councel  the  pay  or  arrears  of  Pay  due  to  the 
said  John  Morgain  for  his  Service  as  a  private  Soldier 
in  Colo.  Hazens  Regt.  and  the  Treasr.  of  this  Common- 
wealth on  receiving  a  Warrant  is  hereby  Directed  to  Is- 
sue his  note  or  notes  to  the  said  John  Morgain  in  the  same 
w^ay  and  manner  as  has  been  practiced  in  paying  other 
Soldiers.  March  28,  1793. 

Chapter  181. 

RESOLVE   ON  THE    PETITION   OF  JOHN  DANBY. 

On  the  petition  of  John  Danby  Administrator  on  the 
Estate  of  John  Burton  a  private  Soldier  in  Colo.  Wes- 


Resolves,  1792.  —  January  Session^.  315 

son's  Eegt.  in  the  late  Continental  Army  praying  that  he 
may  receive  the  wages  due  to  the  said  John  Burton. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernor and  Council  the  pay  or  arrears  of  Pay  due  to  the 
said  John  Burton  for  his  Services  as  a  private  Soldier  in 
Colo.  Wessons  Regiment  and  the  Treasr.  on  Receiving  a 
warrant  therefor  is  hereby  directed  to  Issue  his  note  or 
notes  to  the  said  John  Danliy  Administrator  on  the  Es- 
tate of  the  said  John  Burton  in  the  Same  way  and  manner 
-as  has  been  Practiced  in  paying  other  Soldiers  for  Simelar 
Services.  March  28,  1793. 

Chapter  183. 

RESOLVE   ON  THE  PETITION  OF  WILLIAM  BURT. 

On  the  Petition  of  William  Burt  Praying  that  the 
Treasr.  be  directed  to  pay  the  wages  due  to  his  Brother 
John  Burt  deceased. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernor and  Councel  in  favour  of  the  Lawfull  Heirs  of  the 
said  John  Burt,  the  pay  or  arrears  of  pay  due  to  the  said 
John  Burt  for  his  Service  as  a  private  Soldier  in  Colo. 
Crane's  Regt.  of  Artillary  and  The  Treasurer  on  receiving 
a  Warrant  therefor  is  hereby  directed  to  Issue  his  note  or 
notes  to  the  Heirs  of  the  said  John  Burt  in  the  same  way 
that  has  been  practiced  in  Paying  Other  Soldiers. 

March  28,  1793. 

Chapter  183. 

ORDER    DIRECTING    THE    SECRETARY    TO    OBTAIN    A    COPY    OF 
THE   CASE   AGAINST  GEORGIA. 

Ordered  that  the  Secretary  ])e  directed  to  obtain  from 
the  Clerk  of  the  Supreme  Judicial  Court  of  the  United 
States,  an  attested  copy  of  the  whole  record  of  the  case 
against  the  State  of  Georgia  instituted  &  determined  in 
the  Court  aforesaid.  March  28,  1793. 

Chapter  184. 

RESOLVE  ON  THE  PETITION  OF   JOHN   SUMNER. 

On  the  Petition  of  John  Sumner  of  Spencer  in  the 
County  of  Worcester,  Executor  of  the  last  will  &  Testa- 
ment of  John  Sumner  late  of  said  Spencer  Esqr.  de- 
ceased, praying  to  be  Authorised  to  make  sale  of  a  certain 


316  Resolves,  1792.  —  January  Session. 

Tract  of  land,  &  to  give  a  deed  of  the  same  to  one  An- 
thony Sprague,  agreable  to  the  promise  of  the  said  de- 
ceased made  in  his  life  time  to  the  said  Anthony. 

Resolved  for  reasons  set  forth  in  said  Petition  that  the 
prayer  thereof  be  granted,  and  that  the  said  John  Sum- 
ner the  Executor  aforesaid  be,  &,  he  is  hereby  Authorised 
&  empoAvered  in  his  said  capacity  to  make  &  execute  to 
the  said  Anthony  Sprague  a  deed  of  sale  of  about  One 
Acre  8c  a  half  of  land  lying  in  a  Triangular  form  in  the 
Southwest  corner  of  the  middle  part  of  Lot  No.  74,  in, 
said  Spencer,  begining  at  the  county  road  &  running  by 
Nathaniel  Wilsons  land  Seven  Chains  &  forty  links,  to  the 
Town  road  so  called,  then  by  sd.  Town  road  &  Wright 
Woodards  land  Twenty  nine  rods  to  the  County  road,  then 
by  said  County  road  to  the  first  bounds,  &  the  said  Deed 
when  made  &  Executed  as  aforesaid,  shall  have  the  same 
force  &  validity  to  all  intents  &  purposes,  as  if  it  had 
been  made  by  the  Testator  in  his  life.     March  28,  1793. 

Cliai>ter  185. 

RESOLVE    ON    THE    ADDRESS    AND    APPLICATION    OF   SEVERAL 
TRIBES   OF  INDIANS. 

Resolved  that  Stephen  Jones  Alexander  Campbell  & 
George  Stillman  Esquires  be  and  hereby  are  appointed 
a  Committee  to  meet  at  some  convenient  place  as  soon 
as  may  be,  then  and  there,  to  confer  wdth  the  Passa- 
maquody  tribe  of  Indians  on  the  subject  of  their  late 
address,  &  that  the  sd.  Committee  be  authorized  to  lay  out 
&  assign  from  the  lands  belonoino-  to  this  Commonwealth, 
two  tracts  for  the  use  and  improvement  of  the  Passama- 
quody  tribe  of  Indians  one  tract  not  exceeding  six  miles 
square  to  be  located  in  a  regular  form  between  the  North- 
ern and  Western  Branches  of  the  Schoodic  &  adjoin'g 
to  the  said  Northern  Branch  &  one  other  tract  not  exceed- 
ing one  hundred  acres  on  the  Sea  shore  in  the  County  of 
Washingion  —  Provided  nevertheless  that  the  lands  so  to 
be  assigned  shall  be  reserved  for  the  use  &  improvement 
of  the  Indians  aforesaid  —  and  that  the  said  Indians 
either  in  whole  or  in  part  shall  not  have  power  to  alienate 
or  dispose  of  the  lands  which  may  be  so  assigned  or  any 
part  thereof — And  all  conveyances  of  the  lands  aforesaid 
by  any  Indian  or  Indians  shall  be  null  &  void. 

And  be  it  further  Resolved  that  said  Committee  be  em- 
powered to  enquire  into  any  dispute  or  complaint  now 


Resolves,  1792.  —  January  Session.  317 

subsisting  between  the  said  Indians  &  any  of  the  Inhabi- 
tants of  said  County  of  Washington  &  make  report  of 
their  whole  proceedings  as  soon  as  may  be  to  the  General 
Court.  "  March  28,  1793. 


Chapter  186. 

RESOLVE  ON  THE  PETITION  OF  OLIVER  SMITH,  ADMINISTRA- 
TOR WITH  THE  WILL  ANNEXED,  OF  ISAAC  WINSLOW,  ESQ, 
LATE   OF  ROXBURY,  DECEASED. 

On  the  Petition  of  Oliver  Smith  Administrator  with  the 
AVill  annexed  of  Isaac  Winslow  Esqr.  late  of  Eoxbury 
deceased. 

Resolved,  that  all  and  singular  the  ol^ligations  and  secu- 
rities, which  have  been  received  and  taken  by  Isaac  Wins- 
low  of  Boston  Distiller  deceased  who  was  executor  of  the 
said  Will,  from  the  Debtors  of  the  said  Isaac  Winslow 
Esqr.  and  in  lieu  of  diverse  obligations  and  securities 
part  of  his  Estate,  being  assigned  by  the  Administratrix 
of  the  Estate  of  the  said  Isaac  Executor,  shall  be  recov- 
erable by  the  said  Oliver  Smith  Administrator  as  aforesaid 
in  his  own  name  in  that  capacity  ;  and  the  proceeds  thereof 
which  shall  be  received  by  him,  shall  and  ma}^  be  distrib- 
uted in  like  form  and  to  the  same  effect  as  any  other  cred- 
its or  personal  Estate  of  the  said  Isaac  ^^'inslow  Esqr. 
might  be  recovered  received  or  distributed. 

March  28,  1793. 


Chapter  187. 

RESOLVE   FOR    PAYING    THE    EXPENCES   OF  REMOVING  COURT 
PAPERS,   &c.   TO   CONCORD. 

Whereas  John  Avery  Jun.  Esqr.  Secretary  of  the  com- 
monwealth of  Massachusetts,  did  by  a  warrant  bearing 
date  the  nineteenth  day  of  November  last  past  recive  out 
of  the  publick  Treasury  the  sum  of  Thirty  pounds  to 
defray  the  Extra  expences  of  the  council  chamber  Sec- 
retarys  &  Treasurers  offices,  at  the  last  session  of  the 
General  Court  at  Concord,  and  the  committee  appointed 
to  Examine  and  pass  on  publick  accounts,  having  exam- 
ined the  accounts  of  the  Secretary  respecting  said  Ex- 
penditures, find  them  to  amount  to  the  sum  of  twenty 
nine  pounds  two  shillings.     Therefore 

Resolved  that  the  Secretary  pay  into  the  Treasury  of 


318  Resolves,  1792.  —  January  Session. 

the  common  Wealth  Eighteen  Shillings,  and  that  he  be- 
discharged  from  said  sum  of  Thirty  pounds  recived  by 
virtue  of  the  above  said  warrant.  March  2S,  1793. 

Chapter  188. 

RESOLVE    DIRECTING    THE     QUARTER    MASTER    GENERAL    TO 
PROCURE  TEN  CORDS   OF  WOOD   FOR  RAINSFORD  ISLAND. 

Resolved  that  the  quarter  Master  General  be  and  he 
hereby  is  directed  to  procure,  &  supply  to  the  keeper 
of  the  Hospital  on  Rainsford  Island  for  the  use  of  said 
Hospital  ten  Cords  of  Wood  annually  till  the  further 
order  of  the  Legislature  and  to  keep  the  boats  there  be- 
longing to  the  Government  in  good  repair,  &  to  lay  his 
accounts  therefor,  before  the  Committee  of  Accounts  for 
their  Examination  &  Allowance. 

And  it  is  further  resolved  that  Samuel  Laha  lay  before 
the  said  Committee  his  Accounts  for  wood  supplied  said 
Hospital  in  the  past  year  for  their  allowance. 

March  28,  1793. 

Chapter  189. 

RESOLVE  FOR   CREDITING  AMASA  DAVIS,   ESQ.  QUARTER  MAS- 
TER GENERAL,  WITH  £.1948  9  .5. 

The  Committe  of  Both  Houses  appointed  to  Examine 
and  Pass  upon  accounts.  Exhibited  against  this  Common- 
wealth &c.  Have  Examined  the  accounts  of  Amasa  Davis 
Esqr.  Quarter  Master  General  for  his  Time  and  Expendi- 
tures, in  his  said  Office,  from  ye  17th  of  March  1791  to 
the  17th  of  March  1793  and  lind  the  Same  to  Amount  to 
the  Sum  of  Ninteen  hundred,  and  forty  Eight  Pounds 
Nine  Shillings  and  five  pence  which  Sum  Deducted  from 
twenty  two  hundred  Pounds,  (being  the  Sum  he  has  Ee- 
ceived  out  of  the  Treasurey  of  this  Commonwealth, )  leaves 
a  Ballance  in  his  hands  of  two  hundred  and  fifty  one 
Pounds  Ten  Shillings  and  Seven  Pence. 

Resolved  that  Amasa  Davis  Esq.  Quarter  Master  Gen- 
eral be  Credited  the  said  Sum  of  Ninteen  hundred  and 
forty  Eight  Pounds  nine  shillings  &  five  Pence  which  is 
in  full  for  his  services  and  Expenditures  from  the  17th  of 
March  1791  to  the  17th  of  March  1793. 

and  it  is  further  Resolved  that  the  said  Amasa  Davia 
Esqr.  be  Charged  with  the  said  Sum  of  two  hundred,  and 


Resolves,  1792.  —  January  Session.  319 

fifty  one  Pounds  ten  Shillings  and  Seven  Pence  for  which 
he  is  to  be  accountable  the  same  to  be  carried  to  a  new 
Account.  March  28,  1793. 

Chapter  190. 

RESOLVE  REQUESTING  THE  GOVERNOR  TO  WRITE  TO  GOV. 
HUNTINGTON,  UPON  THE  SUBJECT  OF  AN  ACT,  PASSED 
MARCH  8th,  1791,  FOR  ASCERTAINING  THE  BOUNDARY  LINE 
BETWEEN  THIS  COMMONWEALTH,  AND  THE  STATE  OF  CON- 
NECTICUT. 

Whereas  the  Legislature  of  this  Commonwealth,  on  the 
eighth  Day  of  March,  in  the  year  of  our  Lord  one  thou- 
sand seven  hundred  and  ninety  one,  Did  appoint  Commis- 
sioners on  their  part,  to  run  and  ascertain  the  b(mndary 
Line  between  the  State  of  Connecticut  and  this  Common- 
wealth ;  and  whereas  application  has  been  made  to  the 
Legislature  of  the  State  aforesaid,  for  a  simular  appoint- 
ment on  thier  part,  who  did  not  concur,  because  they 
were  not  informed  as  to  the  ultimate  view  of  this  Com- 
monwealth, in  making  said  Appointment,  or  as  to  any 
disputes  or  altercations,  which  existed  between  the  Citi- 
zens of  the  two  States,  relative  to  the  Line  of  jurisdiction, 
between  that  State  &  this  Commonwealth  : 

Resolved,  that  his  Excellency  the  Governor,  be  &  he 
hereby  is  requested,  to  write  to  the  Governor  of  the  State 
of  Connecticut,  and  inform  him,  that  the  ultimate  view  of 
this  Commonwealth,  in  the  appointment  of  Commissioners 
as  aforesaid,  is  to  restore  peace  &  harmony,  between  the 
Citizens  of  the  two  States,  who  inhabit,  on  or  near  the 
Line  of  State  Jurisdiction  —  viz  —  between  the  towns  of 
Southwick,-Sandersfield  &  New  Marlborough,  in  this  Com- 
monwealth, and  the  towns  contiguous  to  them  In  the  State 
of  Connecticut ;  and  that,  for  that  purpose,  Commissioners 
are  appointed  on  our  part ;  and  that,  the  object  of  their 
Commission  will  be  completed,  by  perambulating  the 
Line  westward  from  Connecticut  River,  to  the  State  of 
New  York,  and  by  erecting  on  said  Line  visible  and  dur- 
able monuments.  March  27,  1793  * 

Chapter  191. 

RESOLVE   ON  THE   PETITION  OF  SYLVANUS  WILLES. 

On  the  petition  of  Sylvanus  Willes,  in  Behalf  of  the 
Town  of  Topsfield. 

*  Not  signed  by  governor. 


320  Resolves,  1792.  —  January  Session. 

Resolved,  for  reasons  set  forth  in  said  petition  (with  the 
additional  Circumstance,  of  said  Topsfield  having  settled 
a  Minister,  In  November  1789)  that  the  Treasurer  of  this 
Commonwealth,  be,  and  he  hereby,  is  directed,  to  Credit 
the  said  Town  of  Topsfield,  the  sum  of  Thirteen  Pounds, 
set  on  said  Town,  as  a  fine,  for  not  sending  a  Representa- 
tive In  the  year  1790.  March  28,  1793. 

Chapter  192. 

RESOLVE  ON   THE  PETITION  OF  LOAMMI  BALDWIN,  ESQ. 

On  the  Memorial  &  Petition  of  Loammi  Baldwin  Esqr. 
Sherifi"  of  the  County  of  Middlesex,  representing  that  on 
the  5th  of  Octo])er  1782  he  gave  his  Note  to  the  then 
Treasurer  for  the  sum  of  £.144  5  1%^  as  the  ballance  due 
this  Common'th  on  Gold  &  Silvei  Tax,  which  Note  he 
says  he  has  since  paid  &  whereas  said  Note  cannot  at  this 
time  be  found  —  therefore 

Resolved  that  the  Treasurer  be  &  he  hereby  is  Author- 
ised &  directed  to  Credit  the  said  Loammi  Baldwin  the 
sum  of  one  hundred  &  forty  four  pounds  five  shilling  & 
7d  on  the  Gold  &  Silver  Tax  aforesaid  as  also  One  other 
sum  of  fifty  eight  pounds  two  shillings  &  five  pence  which 
was  received  on  Execution  against  Solomon  Parker  of 
Natick  on  said  Tax  but  not  credited  in  the  account  of  said 
Baldwin.  March  28,  1793. 

Chapter  193. 

RESOLVE  ON  THE   PETITION   OF  JORDAN  PARKER,  AGENT  FOR 
THE   TOWN   OF   GEORGETOWN. 

On  the  Petition  of  Jordan  Parker  Agent  for  the  Town 
of  Georgetown.  Resolved  that  the  treasur[y]  [er]  of  this 
commonwealth  be  and  he  is  hereby  directed  to  credit  the 
Town  of  Georgetown  seventy  five  pounds  Eleven  shillings 
and  four  pence,  in  addition  to  one  hundred  and  sixty  nine 
pounds  eighteen  shillings  and  seven  pence  ordered  to  be 
credited  by  resolve  of  the  General  Court  INlarch  the  Ninth 
1787  the  same  being  for  nine  thousand  eight  hundred  and 
twenty  pounds  paid  by  Waterman  Thomas  Esquire  as  pr. 
his  receipt  dated  November  16th  1780. 

March  28,  1793. 


Resolves,  1792.  —  January  Session.  321 


Chapter  194. 

RESOLVE  ON  THE  PETITION  OF  RACHEL  BLACK  AND  MOSES 
BLACK,  EXECUTORS  TO  THE  LAST  WILL  AND  TESTAMENT  OF 
ANDREW  BLACK,  DECEASED. 

Upon  the  Petition  of  Rachel  Black  and  Moses  Black 
Executors  of  the  last  Will  &  Testament  of  Andrew  Black 
for  reasons  therein  set  forth. 

Resolved,  That  the  Treasurer  be  and  he  hereby  is  di- 
rected to  allow  interest  on  the  debt  due  to  the  Estate  of 
Andrew  Black  deed,  from  the  late  Board  of  War,  from 
January  4th  1782,  to  January  1,  1786,  &  for  the  princi- 
pal &  interest  thus  computed  to  give  his  Note  to  said 
Executors  in  the  same  form  as  the  Consolodated  Notes 
are  given  bearing  date  at  the  said  first  day  of  Jany.  1786. 

March  28,  1793. 

Chapter  195. 

RESOLVE  ON  THE   PETITION   OF  AARON  CHAMBERLAIN,  AGENT 
FOR  THE   PROPRIETORS   OF  TYNGSTOWN. 

On  the  petition  of  Aaron  Chamberlain  agent  for  the 
propriators  of  Tyngstown  shewing  that  Jedediah  Prescot 
jr.  has  under  the  direction  of  the  Committee  for  the  sale 
of  eastern  lands  examined  into  the  interference  of  said 
Tyngstown  with  the  Township  of  Phips's  Canada  and 
.surveyed  &  laid  out  an  equiv^alent  in  lands  adjoining  the 
township  of  Tyngstown  for  the  deficiency  occasioned  by 
said  interference  and  made  due  return  thereof  agreable 
to  a  resolve  of  the  general  Court  of  the  28th  of  Jany. 
1792. 

Resolved  that  the  doings  of  said  Prescott  be  and  here])y 
are  approved  of  and  confirmed  and  the  plan  of  said  lands 
adjoining  to  the  Township  of  Tyngtown  be  and  hereby 
is  accepted  and  the  lands  contained  therein  Bounded  as 
follows  Vizt.  Beginning  at  the  North  westerly  corner  of 
said  Tyngstown,  thence  running  South  thirty  degrees 
West  four  miles  &  thirty  rods  to  the  Township  sold  to 
Messrs.  Holman  &  Waters,  thence  South  seventy  two 
degrees  East,  three  miles  in  the  line  of  the  last  mentioned 
Township  to  Phips's  Canada  thence  Easterly  by  said 
Phips's  Canada  to  the  aforesaid  Tyng'stown,  thence  1)y 
the  Westerly  line  of  said  Tyng'stown  to  the  first  men- 
tioned bounds,  containing  four  thousand  &  six  hundred 


322  Resolves,  1792.  —  January  Session. 

acres  and  thirty  rods  be  and  hereby  are  granted  to  the 
proprietors  of  the  Township  of  Tyngtown  in  full  for 
the  loss  of  lands  they  sustained  by  the  interference  of 
the  lines  of  said  Township  with  the  Township  of  Phips's 
Canada.  MarcJi  28,  1793. 

Chapter  196.* 

REPORT  OF  THE   COMMITTEE  ON  THE  VALUATION. 

The  Committee  on  the  subject  of  the  Valuation  ask 
leave  to  report  —  that  they  met  on  the  fifth  day  of  Decem- 
ber, being  as  soon  after  the  appointment  as  circumstances 
of  convenience  would  admit,  and  proceeded  to  an  exami- 
nation of  the  law,  intitled  —  "  An  Act  for  inquiring  into 
the  rateable  estates  within  this  Commonwealth  "  —  and 
also  of  the  returns  from  the  several  towns,  districts,  and 
plantations,  in  the  Commonwealth,  made  pursuant  to  said 
Act,  and  formed  an  estimate  of  the  several  discriptions 
of  real  and  personal  estate  enumerated  in  the  act  afore- 
said, and  contained  in  the  returns  aforesaid.  That  in 
forming  this  estimate  your  Committee  were  regulated  by 
the  income  of  the  property,  as  deducible  from  the  difi"er- 
ent  kinds  and  quantity  of  produce  apparent  from  said 
returns  —  making  such  allowances  for  circumstances  of 
locality  &  other  appendages,  as  to  them  appeared  reason- 
able, &  having  compleated  this,  your  Committee  found 
that  from  the  errors  &  deficiencies  in  the  returns  from 
many  towns,  the  relative  proportions  of  such  towns  to 
those  which  had  made  legal  and  proper  returns,  would  be 
marked  with  striking  features  of  injustice  ;  —  to  remedy 
which,  your  Committee  proceeded  to  add  such  articles, 
and  amount  of  property  not  included  in  the  returns,  as 
by  their  best  judgment  deliberately  used,  it  appeared  the 
inhabitants  of  the  difierent  places  must  be  possessed  of, 
to  give  that  support  to  themselves,  and  subsistance  for 
their  Cattle  actually  kept,  which  it  was  evident  they  de- 
rived from  sources  within  their  own  limits  accompanied 
in  many  instances  with  direct  proof  of  the  facts,  and 
aided  by  former  returns  of  like  property,  repeatedly  made 
by  themselves,  making  due  allowance  for  the  division  of 
towns,  and  alterations  of  boundaries ;  after  which  they 
again  carefully  revised  the  estimates,  &  in  many  instances 
varied  the  same,  so  as  to  conform  the  whole  to  the  de- 
sireable  principal  of  equality  —  In  exercising  this  Judg- 

*  Taken  from  court  record. 


Resolves,  1792.  —  January  Session. 


ment  your  Committee  have  felt  the  force  of  the  censure 
naturally  incident  to  a  business  of  this  kind  —  of  the 
opposition  &  influence  of  those  who  would  be  afiected 
by  the  variations  from  their  returns ;  and  of  the  careful 
scrutiny  which  their  doings  will  be  subjected  to,  by  those 
who  will  arraign  their  conduct  to  the  standard  of  propri- 
ety, which  circumstances  have  operated  as  a  strong  re- 
strictive to  your  Committee,  to  proceed  with  great  caution 
and  deliberation,  and  must  be  considered  as  an  apology 
for  the  length  of  time  employed  in  executing  the  duty  of 
their  commission.  The  result  of  which  they  now  submit 
to  the  candour  of  an  enlightened  Legislature  as  proceed- 
ing from  an  assiduous  application  to  duty  from  the  time 
of  their  first  meeting,  and  an  earnest  desire  to  do  Justice 
to  every  part  of  the  Community  in  the  apportionment  of 
public  taxes,  and  as  the  basis  thereof,  that  the  several 
towns  Districts  and  Plantations  be  charged  the  several 
sums  set  against  them  respectively,  as  their  proportion  to 
one  thousand  i)ound8  in  future  taxes. 

WALTER    SPOONER,  jjer  order. 

In  the  House  of  Representatives,  March  21,    1793  — 
Read  and  accepted. 

Sent  up  for  concurrence,    DAVID  COBB,  Speaker. 

In  Senate,  March  23,  1793  —  Read  and  concurred, 
SAMUEL    PHILLIPS,  President. 


County  of  Suffolk. 


Polls. 

Towns. 

3631 

Boston 

458 
448 

Roxbury 
Dorchester 

417 

Stoughton 

639 

Hinffham 
Dednam 

399 

189 

Medfield 

119 

Dover 

442 

Wrentham 

349 
222 

Weymouth 
Milton 

212 
449 

Quincy 
Braintree 

274 

Franklin 

268 

Needham 

105 

Brookline 

On  the  thous. 

£91 

16 

8i 

8 

0 

7h 

6 

4 

U 

3 

14 

H 

4 

15 

Oh 

4 

14 

5 

1 

19 

3| 

1 

7 

7.: 

4 

0 

21 

3 

7 

2I 

3 

0 

H 

2 

16 

loh 

5 

2 

11 

2 

16 

Sh 

2 

14 

4 

2 

11 

11 

324 


Resolves,  1792.  —  January  Sessioit. 


County 

of  Suffolk  - 

-  Concluded. 

Polls.         Towns.                                                                                                          On  the  thous. 

278     Medway £.2  U     2^ 

236     Walpole       . 

1  19     Ih 

220     Sharon 

1  15     7 

111     Chelsea 

1  18     1 

195    Cohassett     . 

1  17     6| 

153     Bellingham 

1  10     6 

149     Foxborough 

17     0 

21     Hull     . 

0    6     9 

9884 

£162  12     01 

County  of  Essex. 

1464     Salem £.23     8    3 

937     Newburyport 

17  14     3 

999     Ipswich 

10    0     Ih 

849     Newbury      . 

9     6     U 

517     Dan  vers 

5  13     3 

731     Beverly 

7  14     2 

782     Andover      . 

8     2  10 

1107     Marbl  ahead 

7  19     7 

1029     Gloucester  . 

7  10  10 

508    Haverhill     . 

4  18    Oh 

598     Lynn    . 

3  17     9^ 

100    Lynnfield     . 

1     2     1 

693    Rowley 

4    6     7i 

457     Salisbury     . 

3  16     8i 

405     Almsbury     . 

3    5     Oi 

327     Bradford      . 

3  10     3 

206     Boxford 

2  10     8^ 

286     Methuen 

2  15     n 

202     Topstield     . 

2     4  10 

161     Middleton    . 

1  12     7i 

97     Wenham      . 

12     6 

224    Manchester 

1     7     2 

2376 

£.133  19     7 

County 

OF  Middlesex. 

457     Cambridge  . 

.      £.7  15    2h 

410     Marlboro'     . 

4    6     0 

384    Woburn 

3  15     4i 

410     Groton 

3  13    3 

462     Reading 

3  16     1 

378^  Framinghara 

3  14    5f 

322     Newton 

3     9     6| 

336     Concord 

3  15     6 

203    Acton  . 

1  14    n 

146     Carlisle 

1     6     9 

298    Billerica      . 

3    0     2 

209     Medford       . 

2  17     5 

350     Charlestown 

5     9     2 

297     Sudbury 

2  12    Ih 

299     Chelmsford 

2  18  10 

287     Watertown  . 

3    4     1 

270     Westford     . 

2  14    9 

Resolves,  1792.  —  January  Session. 


325 


County  < 

3F  Middlesex 

—  Concluded. 

Polls.          Towns.                                                                                                               On  the  thous. 

182     Stow £.1  16     1 

93     Box  borough 

0  16     8i 

230     Waltham      . 

2  19     1 

258     Hojjkinton   . 

2  10     3 

224    Weston 

2  17     2 

226     Lexington    . 

2  11     5 

224     Holliston      . 

2    8    0 

240     Maiden 

2     6     If 

254     Pepperell     . 

2     4     4 

211     East-Sudbury 

2     1     Ih. 

194     Sherburne    . 

2     0     5 

279     Dracut 

2     3     7 

207     Littleton 

1  18     4 

100    Dunstable    . 

1     3     5 

119     Tyngsborough 

1     4     8 

156     Lincoln 

1  14     1 

228     Tewksbury  . 

1  16  10 

141     Bedford 

1  13     9 

252     Townsend    . 

1  14    8 

161     Wilmington 

1     8     3 

144    Natick 

1     7     2 

196     Ashby  . 

1  12    0 

168     Shirley 

14    6 

104     Stoneham     . 

0  17     6 

10109^ 

£  104  13     4i 

County  of  Hampshire. 

360     Springfield £.3  12     6 

189     Hatfield 

2     4     4 

232     Hadley 

2     8  11 

326     Westfield     . 

3  11     0 

341     Wilbraham . 

3     0    71 

256     Shelburne    . 

1  17  10 

297     Colrain 

2    4    4d 

188     South-Hadley 

1  15    8f 

376     Greenfield    . 

2  19  lU 

283    Amherst 

2  13    Qh 

373    Xew-Salem  . 

2     9  lU 

197     Palmer 

1  12  10^ 

26  li  Chester 

1  13     \h 

162     Buckland     . 

0  17     Ih 

105     Heath  . 

0  13    74 

312     Brimfield     . 

2  17     6 

332     Southampton 

1  14     2 

109     Montgomery 

0  13  11 

135     Goshen 

1     4    Ih 

138     Ludlow 

0  18  \\h 

159     Shutesbury  . 

0  19    8 

219     Montague  '  . 

1  13  lOil 

207     Cummington 

1     8  10 

335     Ashfield 

2     1     0 

150    Bernai-dstown 

1     3  lU 

238     Greenwich  . 

1  18    0 

118     Eastharapton 

1  11     3 

326 


Resolves,  1792.  —  January  Session. 


County  of  Hampshire 

—  Concluded. 

Polls.         Towns.                                                                                                         On  the  thous. 

160     Whately £.17     3 

437     Northampton 

4  14    Zh 

85    Russell 

0    9     5 

154     South  Brimfield  . 

12     9 

124     Wendell       . 

0  17     0 

98    Rowe  . 

0  12  11 

200     Southwick   . 

1     9     0 

182     Ware    . 

1     4    8i 

344    Deerfield      . 

3    8     U 

162     Orange 

1     4     1 

167     Northfield    . 

2     1     li 

253    Williamsburg      . 

1  11     3i 

221     Pelham 

1  15     4i 

124     Sunderland . 

1     3     li 

92    Holland 

0  15     1 

163     Leyden 

116 

241     Warwick      . 

1  12     \h 

172     Granby 

1    7  10 

168     Middlefield  . 

1     0     Ih 

159     Norwich 

1     1     Ah 

290     Worthington 

2     5     4 

398     Granville     . 

3  12  Hi 

146     Westhampton 

1     3     3 

159     Leverett 

0  19    H 

265     Chesterfield 

2     1     %h 

469     Conway 

3    7  10 

184    Long  Meadow 

1  14  104 

307     Monson 

2     7     7 

343     Blandford    . 

2  12     2i 

313     Belcher 

2  10    bh 

127     Hawley 

0  16     1 

153     Charlemont 

0  19     U 

549     West  Springfield 

5     1     2 

110     Plainfield     . 

0  14     9 

13912^ 

£.111  18    Of 

County  of  Worcester. 

540     Worcester £.6     8     3^ 

356     Lancaster     . 

3    3     5 

328     Men  don 

3     2    3 

675    Brookfield   . 

6  13    4| 

265     Oxford 

1  19  \l\ 

385     Charlton       . 

3  13    4| 

660     Sutton  . 

5  18    6J 

262    Leicester 

2  11  lU 

349     Spencer 

3     1     1\ 

133     Paxton 

1     9     2| 

298     Rutland 

3     2     ^ 

204     Oakham 

1     8    5| 

219     Hubbardstown 

1  17     4 

229     New  Bra  in  tree 

2     4     Oh 

184     Southborough 

1  16     7 

225     Westborough 

, 

2     9     2 

Resolves,  1792.  —  January  Session. 


327 


County  of  Worcestek 

rolls.         Towns. 

156  Northboi-ough 

252  Shrewsbury 

273  Lmieiiburgh 

268  Fitchburgh 

306  Uxbridge 

359  Harvard 

248  Dudley 

220  Bolton 

211  Upton  . 

454  Sturbridge 

313  Leominster 

399  Hardwick 

254  Holden 

248  Douglass 

237  Grafton 

390  Petersham 

263  Royalston 

318  Westminster 

206  Athol    . 

241  Tempi  eton 

245  Princeton 

226  Ashburnham 

234  Winchendon 

466  Barre   . 

364  Sterling 

219  Boylston 

229  Weston 

180  Milford 

119  Ward  . 

177  Gerry  . 

113  North  bridge 

135  Gardener 

127  Berlin  . 

13762 


Concluded. 


County  of  Barnstable. 


601  Barnstable 

446  Sandwich 

665  Yarmouth 

384  Falmouth 

535  Harwich 

317  Eastham 

240  Welfleet 

329  Truro  . 

90  Provincetowu 

252  Chatham      . 

3759 

731  Plymouth     . 

1113  Bridgewater 

1055  Middleboro' 

619  Scituate 


County  of  Plymouth. 


On  the  thous. 

£.1  12  6i 

2  11  lOf 

2  10  11 

2  0  21 

3  0  2 
3  1  9| 
2  0  5 
2  1 


8i 

9 

31 


1  13     9| 
3  15  lOil 

2  10  101 

3  9     3| 
2     7"" 

1  15 

2  8 

3  16    0* 

1  16     9 

2  14    8;! 

1  14     7 

2  3     5i 

3  4     If 
19     0 

1  19  lU 

4  9     7i 
3     6     6i 

2  4     5| 
2     4    2| 
1  17  \\\ 
16     8 
1  12     5f 

0  18     5 
12     8 

1  2     61 


£.127 

5     Od 

£.4 

2     3i 

3 

9    5| 
5  111 

3 

9 

6     2 

2 

9     2 

1 

7    H 

1 

1     6f 

1 

0  \0h 

0 

9  11 

1 

3     bh. 

£.20  15  llf 

£.4  12  4 

11     6  11 

9     4  5 

6  10  0 


328 


Kesolves,  1792.  —  January  Session. 


County  of  Plymouth  —  Concluded. 

Polls.         Towns. 

584  Rochester 

429  Pembroke 

363  Marshfield 

374  Abington 

224  Hanover 

239  Kingston 

213  Plvmpton 

233  Carver 

168  Halifax 

206  Wareham 

361  Dux  bury 


Oil  the  thous. 

£.4    5  10 

3  17  1 

3     9  Uh 

3     9  81- 

1  19  1 

2  3  3f 
1  13  If 
1  10  4 
1     9  0^ 

1  7 

2  11 


51 


6912 

305  Edgartown  . 

199  Chilmark     . 

259  Tisbury 


County  of  Dukes  County. 


763 


1121     Sherburne 


County  of  Nantucket. 


County  of  Bristol. 


745 

Taunton 

904 

Rehoboth 

315 

Swanzej- 

553 

Dartmouth  . 

332 

Norton 

233 

Mansfield     . 

503 

Attleboro'    . 

347 

Dighton 

458 

Freetown     . 

239 
333 

Raynham     . 

Easton 

195 
739 

Berkley 
NevF-Bedford 

430 
221 

Westport 
Somerset 

425 

C< 

Sheffield       . 

295 

G.  Barrington 

306 

Stock  bridge 

258 

Richmond    . 

248 

Lenox  . 

406 

Ivanesborongh 

369 

Williamstown 

'349 

Adams 

164 

Egremont    . 

170 

Beckett 

214 

W.  Stockbridge 

£.59     9 

n 

£.1  11 

8 

2     8 

lU 

1     9 

1 

£.5    9 

H 

£.6  13 

H 

£.6    4 

H. 

7     0 

0 

2  10 

n. 

4  17 

H. 

3     0 

6 

1  14 

lUi 

4  12 

IH 

2  17 

0 

3     8 

0 

1  19 

lOf 

2     8 

3f 

1     9 

3 

5  19 

2 

3  18 

8 

1  19 

0 

Countt 


of  Berkshire. 


£.53  19  6f 

£.3  15  6f 

2  14  2f 

2  18  4 

2  11  0^ 
2    4 


3  0 

3  3 

2  4 

1  7 

1  6 


1  13     0^ 


Resolves,  1792.  —  January  Session. 


329 


County  of  Berkshire 

Polls.  Towns. 

132  Dalton  .... 

117  Alford  .... 

81  New  Ashford        .         .         .     ■ 

341  New  Marlboro'    . 

337  Tyringham  .... 

84  Louden         .... 

218  Windsor       .... 

238  Partridgefield      . 

190  Hancock       .... 

249  Lee       

129  Washington 

381  Sandisfield  .... 

35  Mount  Washing. 

441  Pittsfield      .... 

38  11000  acres  adj.  to  Sandisfield 

50  Bethlehem   .... 

237  Cheshire       .... 


Concluded. 


6265 


County  of  York. 


560 

York    . 

848 

Berwick 

837 

Wells  . 

337 

Arundell 

284 

Biddeford    . 

291 
334 

Pepperelboro' 
Buxton 

410 

Sandford 

171 

Pearsonfield 

179 

Coxhall 

141 

220 

Fry burgh     . 
Water boro'  . 

144 

Limington    . 

118 

Limmerick  . 

157 

Little  Falls  . 

92 

Francisboro' 

42 

Brownfield  . 

624 

60 

861 

270 

Kittery 
Washington 
Shapley 
Lebanon 

60 

Sudbury  Canada 

On  the  thous. 

£.0  19    71 

1  0  10 
0  9     6 

2  11  4d 
2  8    Oi 

0  9  11 

1  2    9il 

1  10  10 
18     7 

2  0  6f 
0  18  2i 
2  16  4i 
0  4  10 


9  7 

4  6i 

6  7 

3  6 


£.52     3 

3i 

£.5  14 

0 

71     7 

0 

6     4 

0 

2  17 

0 

2  10 

0 

2  10 

0 

2     7 

8 

2     5 

0 

1     4 

0 

1     3 

7 

1     1 

0 

1     5 

0 

1     0 

0 

0  16 

4 

1     0 

0 

0    8 

2 

0     6 

4 

5  19 

6 

0    7 

4 

1     7 

0 

1  12 

0 

0    6 

10 

6434 


£.50     1     9 


Note.     lO.s.  10|  accumulated  by  the  Plantations  of  Sudbury  Canada  and  Pennicook 
on  the  former  Aggregate. 


560 
486 
597 

470 


Portland 
Scarboro' 
Falmouth 
Gorham 


County  of  Cumberland. 


£.5  0  6 
4  12  2 
4  15  8 
3     16 


330 


Resolves,  1792.  —  January  Session. 


County  of  Cdmbei 

'oils. 

Towns. 

423 

N.  Yarmouth 

294 

C.  Elizabeth 

338 

Brunswick   , 

333 

Freeport 

274 

New  Gloucester 

228 

Harps  well    . 

229 

Windham     . 

198 

Standish 

152 

Gray     . 

170 

Durham 

200 

Bakerstown 

81 

Turner 

100 

Hebron 

90 

Buckston 

48 

Otisfield 

91 

Bridgton 

60 

Planta.  No.  4 

60 

Rusfield  Gore 

91 

Raymond 

60 

Liverm's  town 

50 

Phip's  Canada 

50 

Butter'sfield 

50 

Peacock 

JLAND  —  Concluded. 


On  thethouE. 

3  19 

3 

2     1 

10 

2     6 

8 

2  12 

11 

1  16 

2 

1  14 

1  15 

1     4 

1     0 

1     4 

0  19 

7 

1    0 

0 

0  10 

9 

0  .8 

7 

0     9 

10 

0  11 

5 

0    5 

7 

0    5 

7 

0    9 

H 

0    5 

Oil 

0    5 

Oh 

0    5 

Oi 

0    5 

Oh 

5773 


£.43     6     bh 


Note.    15s.  \\  Accumulated  by  the  Plantations  of  Livermore's  town,  Phip's  Canada 
and  Buttersfield,  over  the  former  Aggregate. 


County  of  Lincoln. 


481  Pownalboro' 

344  Georgetown 

382  Bristol 

199  Woolwich    . 

272  Hallowell     . 

231  Bath     . 

170  Newcastle    . 

293  Waldoboro' . 

189  Vassalboro' . 

150  Winthrop     . 

140  Pittston 

227  Boothbay      . 

182  Topsham 

164  Edgecomb   . 

113  Bowdoinham 

176  Winslow 

203  Thomaston  . 

163  Warren 

143  Sydney 

100  Readfield     . 

218  Gushing 

99  Nobleborough 

91  Canaan 


£.4     1 

1| 

2  17 

5 

3    4 

llf 

1  18 

Q\ 

2  12 

2h 

2    0 

0 

1  13 

n 

2    6 

Oi 

1     5 

Oi 

1     3 

8 

1     8 

0 

1  15 

1 

1  12 

0 

1     6 

1 

1     3 

n 

1     4 

10 

1     8 

3i 

1     7 

6 

1     3 

U 

0  17 

8 

1     5 

0 

0  17 

5^ 

0  13 

■0 

Resolves,  1792.  —  January  Session. 


331 


County  of  Lincoln  —  Concluded. 

Polls.  Towns. 

250  Bowdoin 

87  r^orridgwalk 

93  Greene 

117  Fairfield       . 

55  Union  . 

97  Cambden 

71  Monmouth  . 

85  Mount  Vernon 

82  INIedumcook 

205  Ballstown     . 

82  Hancock 

121  Lewisto.  &  Gore 

100  Smitlilield    . 

100  Sandy  River 

22  Adj  to  Bowdoin 

52  Jones  Planta. 


On  the  thous. 

1  14 

Ih. 

0  11 

O-i 

0  13 

u. 

0  15 

H 

0  10 

7f 

0  15 

4 

0  12 

64 

0  11 

n. 

0  10 

4i 

1     4 

6 

0    8 

Oi 

0  15 

9 

0    7 

1 

0  12 

1 

0     2 

0 

0     2 

H 

349 

49 

11     41 

Plymo.  Comp.  Lands  . 

1 

2     6 

£.50  13     lOi 

County  of  Hancock. 

237 

Penobscott 

.      £.1 

14     9i 

170 

Deer  Isle 

0 

19     3 

206 

Mount  Desert 

1 

3     U 

85 

Isleborough 

0 

8    6 

82 

Golsborongh 

0 

12    5 

129 

Vinal haven  . 

0 

14    2i 

97 

Orrington     . 

0 

13     bh 

78 

Belfast 

0 

12     \\ 

106 

Sullivan 

0 

10    8 

238 

Frankfort     . 

1 

7  11 

143 

Sedgwick     . 

0 

16     6:1 

83 

Bluehill 

0  14  lOii 

80 

Trenton 

0 

13    Ih 

45 

Bangor 

0 

6     9 

65 

Planta.  No.  2,  E. 

of  P. 

R. 

0 

7     11 

34 

Adj.  to  Sullivan 

0 

3    ll 

49 

Do.  to  Bangor 

0 

6  llf 

50 

Duck  Trap  . 

0 

4    6^ 

967 

12 

9     \h 

Waldo  s  Claim     .... 

1 

7     6 

£.13 

17  n 

County  of  Washing! 

'ON. 

200 

Machias 

.      £.1 

6     9} 

64 

Planta.  No.  6,  E.  of  U.  R 

0 

7        4.: 

57 

Do.  No.  13,  East  U.  R. 

0 

6     81 

60 

Do.  No.  5,  E.  U.  Riv.  . 

0 

8     3 

62 

Do.  No.  4,  E.  Unio.  R. 

0 

5  lU 

50 

Do.  No.  8,  E.  of  I 

^lach 

0 

3    0 

■  493 


£.3     1     1 


332 


Resolves,  1792.  —  January  Session. 


Aggregate  of  the  several  Count 

Polls.         Towns. 

9884  Suffolk 

12376  Essex  . 

10109^  Middlesex    . 

13912^  Hampshire  . 

13762  Worcester    . 

3759  Barnstable  . 

6912  Plymouth     . 

763  Duke's  County 

1121  Nantucket    . 

6547  Bristol 

6265  Berkshire     . 

6484  York    . 

6723  Cumberland 

6349  Lincoln 

1967  Hancock      . 

493  Washingfton 


ies. 

On  the  thous. 

.  £.162  12    OJ 

133  19     7 

104  13    Ah 

111  18     Of 

127    5     Oh 

20  15  ll| 

59     9     9f 

5     9    84 

6  13    31 

53  19     6f 

52    3     3f 

50     1     9 

43     6     bh 

50  13  lOi 

13  17     1 

3     1     1 

£1000    0    0 

Chapter  197. 

ROLL  NO.  26. 

The  Committee  on  Accounts  having  examined  the  Ac- 
counts they  now  present  —  Report,  there  is  due  to  the 
Towns  and  Persons  hereafter  mentioned,  the  sums  set  to 
their  respective  names,  which  if  allowed  and  paid,  will  be 
in  full  discharge  of  said  Accounts,  to  the  dates  therein 
mentioned. 

JOSEPH   HOSMER  Pr.  Order. 


Expences  of  Maintaining  the  Poor  of  the  Common-wealth. 

To  the  Town  of  Abington  for  supporting,  John  Henry 
Benner  from  1  June  1791  to  1  Jany.  1793,  £.8  10  6  — 
Thomas  Wallas  &  Wife  &  Joseph  Steel  from  1  Jany 
1792  to  1  Jany.  1793  £.23,  18  9  —  &  Polly  Williains  &         £    s.  d. 
Child  from  8  Sept.  1792  to  23  Febry.  1793—5.  12.  8,  .        38     1  11 

To  the  Town  of  Alford  for  supporting  William  Maxfield 
&  others  from  24  June  1790  to  6  Jany.  1793  —  bv  order 
of  Court, "  .         .        47     6     8 

To  the  Town  of  Andover  for  supporting  John  Delap,  & 
others,  from  1  March  1792  to  1  March  1793  including 
Doctor's  Bills 49  16     5 

To  the  Town  of  Attleborough  for  supporting  John  Jane 

&  his  Wife  from  12  Jany.  1792  to  12  Jany.  1793,  .         26  10     6 

To  the  Town  of  Acton  for  supporting  the  Wife  of  Robert 
Barber  &  her  four  Children  from  19  June  1792  to  26 
Feby.  1793,     .        .         . 19  12  10 

To  the  Town  of  Bernardston  for  supporting  Hugh  Casey 
in  1789,  £6  —  and  for  Doct.  Polycarpus  Cushman's 
bill  6.  11.  3  by  order  of  Court, 12  11     3 


Resolves,  1792.  —  January  Session.  333 

To  the  Town  of  Beverly  for  supporting  Morris  Nash  &         £     s.   d. 

family  from  5  Deer.  1791  to  5  Febry.  1793,  .         .         .         15     5     0 
To  the  Town  of  Billerica  for  supporting  Jane  Wood 

from   12  Novr.  1789,  to  9  Jany.  1793 — by  order  of 

Court, 45     3     6 

To  Doetr.  Josiah  Bartlet  of  Charlestown,  for  Medicines 

&  attendance  on  Abraham  Berry  &  Mary  McCollum 

in  1791  &  1792, 3    0    0 

To  Town  of  Buckland  for  supporting  Jerusha  Wilkie 

from  8  March  1792  — to  31Jany.  1793,         .         .         .         10  13     9 
To  Town  of  Brookfield  for  supporting  Robert  Ellison 

&  John  White  from  28  Novr.  1791,  to  3  Sep.  1792,  in- 
cluding Doctr  Foxcrafts  bill, 13  17     7 

To  Town  of  Boylston  for  supporting  John  Hannah's 

family  from  1  Novr   1791,  to  20  Febry.  1793,       .         .  9     7     8 

To  Town  of  Bridgewater  for  supporting  John  Jess  & 

family  from  Decembr.  1790  to  60  Feby.  1793  21  4  10 

&  for  Doctr.  Josiah  Otis  Bill  for  Medicines  &  attend- 
ance for  John  Wyle  —  £.6  12,  and  for  supporting  said 

Wyle  from  13  September  to  7  Deer.  1792  £.7  19,  0  by 

order  of  Court, 35  15  10 

To  Doctr.  Abisha  Brown  of  Concoi-d  for  attendance  on 

Thomas  Pocoek  from  8  March  to  12  April  1791  —  with 

a  broken  bone, 110 

To  Town  of  Concord  for  supporting  William  Shaw  & 

wife  from  11  June  1792  to  25  Feby.  1793  —  £.8.  7  ;  also 

for  supporting  Robert  Campbell  and  family,  in  Jan. 

1793  40s 10     7     0 

To  Town  of  Charlemont  for  supporting  Jonathan  Hill 

from  1  Deer.  1791  to  31  Jany.  1793,      .         .         .         .         14  15     0 
To  Town  of  C<jlerain  for  supporting  John   Stewart  & 

Wife  &  Daniel  McDougal  from  31  Deer.  1791  to  31 

Deer.  1792, 40     8     0 

To  Town  of  Cape  Elizabeth  for  supporting  Betty  Carrol 

from  27  May  1792  to  27  Feby.  1793 13  19     0 

To  Town  of  Chelsea  for  suppoi'ting  John  Gooding  & 

ftimily  from  14  Feby.  1792  to  21  Feby.  1793,        .         .        24  14    5 
To  Mary  Cutter  of  Medford  for  supporting  a  Child  from 

31  May  1792  to  1  March  1793 4  17     6 

To  Town  of  Caraln'idge  for  supporting  Sally  Bingham 

from  21  Augt.  to  11  Deer.  1792  £.3  6,  &  for  Doctr. 

Timo.  L.  Jennison  bill  for  attendance  on  her  27s  &  for 

supporting  William  Clairs  Child,  from  1  May  1792  to 

1  Feby.  1793  4 17  6 

To  Town  of  Dracut  for  supporting  John  Hancock  & 

Wife,  from  13  Novr.  1792  to  4  March,  1793, 
To  Town  of  Danvers  for  suppox'ting  Nancy  Handway  & 

others  between  1  Novr.  1785  &  7  December  1789  —  by 

order  of  Court,       ........ 

To  Town  of  Dalton  for  supporting  John  Hovey  Junr.  & 

family  in  1789  &  1790,  including  Doetr.  Wrights  Bill  — 

by  order  of  Court,  ...  ... 

To  Town  of  Franklin  for  supporting  Alexander  Reed 

from  19  Novr.  1791  to  7  Jany.  1793 

To  Town  of  Framingham  for  supporting  Polly  Saundei's 

from  1  Feby.  1792  to  1  Febry.  1793,      .... 


9  10 

6 

5  14 

8 

50    8 

9 

14     2 

5 

30  10 

0 

2     6 

6 

334 


Resolves,  1792.  —  January  Session. 


To  Town  of  Gorham  for  supporting  Mary  Duggins  & 
Nancy  Peirce  between  Jany.  3U,  1791  &  30  Jany. 
1793 

To  Town  of  Granby  for  supporting  James  Johnston  to 
18  April  1792, 

To  Town  of  Groton  for  supporting  John  Cluflin  Wright 
&  others  from  10  Jany.  1792  to  10  Janry.  1Y93,   . 

To  Town  of  Georgetown  for  suppoi'ting  John  Loins  & 
others  from  26  May,  1792  to  Febry.  1793,     . 

To  Town  of  Greenfield  for  supporting  John  McHeard 
from  1  March  1792  to  15  January  1793, 

To  Town  of  Gloucester  for  supporting  sundry  persons 
States  poor  from  1  Jany.  1792  to  1  Janry.  1793,  . 

To  Town  of  Greene  for  supporting  John  Chandler  36 
Weeks,  to  14  Jany.  1793, 

To  Town  of  Hanover  for  supporting  Martha  Wickams 
in  1792  with  a  broken  Leg  8  weeks  &  2  days  by  order 
of  Court, 

To  Jesse  Houghton,  of  Boston  for  burying  sundry 
strangers  who  died  with  the  Small  Pox  &  other  dis- 
eases from  15  Sept.  1792  to  1  March  1793,    . 

To  Town  of  Hopkinston  for  suppoi'ting  Patience  Bond- 
\ej  &  Anna  Fanning  from  1  Febry.  1791,  to  1  Febry. 
1792,       

To  Town  of  Hadley  for  suppoi'ting  Mary  Battis  from  1 
Jany.  1791  to  1  January  1793, 

To  Town  of  Lancaster  for  supporting  Richard  Patten 
from  1  Jany.  1792  to  1  Jany.  1793,        .... 

To  Town  of  Lincoln  for  supporting  William  Orr  from 
1  Sep.  1791  to  1  May  1792, 

To  Town  of  Milton  for  supporting  John  H.  Colock, 
from  21  March  1792  to  1  Jany.  1793  with  his  Leg 
amputated, 

To  Town  of  Maiden  for  supporting  John  Martin  &  Wil- 
liam Barton  Avith  their  families  from  14  Febry.  1792 
to  14  Febry.  1793,  .        . 

To  George  Mantor  for  boarding  &  nursing  Hannah 
Peters  &  Child  in  March  1790, 

To  William  Moore  of  Boston,  for  sundi'y  Coffins  for 
poor  of  the  Commonwealth,  furnished  from  15  May 
1792  to  28  Jany.  1793, 

To  Town  of  Marlborough,  for  supporting  George  Ray- 
nolds,  Joseph  Waters  &  others  between  1  Jany.  1791 
&  1  Jany.  1792,  £.8,  4,  9  &  for  Doctr.  Amos  Cottings 
Bill  £.1,  14,  2, 

To  Town  of  Mansfield,  for  supporting  Hugh  McFarson 
&  Family  from  4  Febry.  1789  to  4  Febry.  1790,  includ- 
ing Doctr.  Billings'  acct., 

To  Town  of  Medfield,  for  supporting  George  Turner  to 

27  Feby.  1793, 

To  Town  of  Medway,  for  supporting  William  Franklin 

from  29  May  to  21  Decemr.  1792,         .        .         .         . 

To  Town  of  Middleborough  for  supporting  Catherine 

More  from  3  Jany.  1792  to  5  Feby.  1793,      . 
To  Town  of  New   Bi'aintree  for  supporting  Michael 
Lincoln  from  Novr.  1791,  to  1  January  1793, 


£    s.  d. 

53  11  4 

12     1  0 

65     1  2 

47  19  6 

11  10  0 

132    8  6 

10  16  0 

4  16    0 
22     4    0 

11  10     0 
2    8    0 

16  17     6 

5  7     3 

22  10     1 

75     2     2 
2     2     0 

13  10    0 

9  18  11 

22  17  4 

0  12  0 

8     5  2 

6  13  0 
11     3  1 


Kesolves,  1792.  —  January  Session.  335 

To  Doctr.  Aaron  Putnam,  foi-  Medicine  &  attendance 
for  the  Widow  Manning  one  of  the  Poor  of  Charles- 
town,  wlio  died   in   Medford    in    1787  —  allowed   by         £    s.   d. 
order  of  Court, 5     8     6 

To  Town  of  New  Bedford,  for  supporting  Philii)  Mason 
&  Charles  Simson  up  to  1  February  1793  including 
Doctr.  Perry's  Bill, 15     0  10 

To  Town  of  Norton,  for  supporting  Joseph  Pratt  & 

Wife  up  to  15  Octr.  1792, 17  14    7 

To  Town  of  Northampton  for  supporting  Samuel  Green 

from  9  April  1792  to  3d.  Febry.  1793,  .         .         .         .         11116 

To  Robert  Newman,  of  Boston  for  burying  sundry  per- 
sons, who  died  with  the  Small  Pox  in  Sep.  &  October 
1792 3  12     0 

To  Town  of  Newbury  for  supporting  State  Poor  from 

1  Jany.  1792  to  20  Janry.  1793, 21     9     9 

To  Town  of  Northampton  for  supporting  sundry  per- 
sons to  5  Deer.  1792 .         .         17     2     1 

To  Town  of  Newburyport,  for  supporting  sundry  per- 
sons, poor  of  the  Common-wealth  from  1  May  1792  to 
1  Janry.  1793, 143     2     0 

To  Town  of  Pembroke,  for  supporting  James  Brand's 

Child  from  20  Novr.  1791  to  20  Novr.  1792,         .         .  5     4    0 

To  Town  of  Partridgefield,  for  supporting  Mary  Lace 

from  24  Jany.  1792  to  13  March  1793,  .         .         .         .         16  10     0 

To  Town  of  Plymton  for  supporting  Nancy  George  & 

Child  to  15  Feby.  1793, 7     3     6 

To  Town  Pittston  for  supporting  Amy  Clark  a  lunatick 

from  1  January  1792  to  1  January  1793,       .        .         .         16  16     9 

To  Town  of  Plymouth  for  supporting  sundry  persons 
poor  of  the  Commonwealth  up  to  1  March  1793  £.30, 
6,  5,  and  for  short  allowance  on  last  acct.  5,  4,  10,        .        35  11     3 

To  Town  of  Reading  for  supporting  Samuel  Bancroft 
from  25  Jany.  1792  to  25  Janry.  1793  — also  Joseph 
Pevoo  from  1  Febry.  1792  to  1  Febry.  1793,  .         .        36  10  10 

To  Town  of  Rehoboth  for  supporting  Richard  Bolton  & 

family  up  to  26  Janry.  1793, 22  18     9 

To  Town  of  Roxbury  for  supjiortiug  George  De  Silva 
from  1  Jany,  1792  to  1  Jany.  1793  &  others  up  to  22 
Jany.  1793, 26  12     0 

To  Town  of  Richmond  for  supporting  George  Dadrafi 

up  to  11  Febry.  1793, 6  15     3 

To  Town  of  Sterling  for  a  balance  due,  for  supporting 
Daniel  McLeod's  Wife  &  Children  from  27  Octr  1790 
to  11  June  1792,  8,  1,  9  also  for  Doctr.  Israel  Allen's 
Bill  on  said  family,  3,  1,  3, 113    0 

To  Doctor  Marshall  Spring  for  attendance  &  medicine, 

&  amputating  a  limb  of  Mr.  Crouch's  Aug.  1791,         .  9  17     0 

To  Town  of  Southwick  for  supporting  George  Reed 

from  12  Jany.  1792  to  12  Jany.  1793,    .         .         .         .         16     4     0 

To  Town  of  Springfield  for  supporting  sundry  persons 

poor  of  the  Common-wealth  up  to  28  Jany.  1793,        .         16     6     0 

To  Town  of  Salem  for  supporting  sundry  persons  poor 
of  the  Common-wealth  from  1  January  1792,  to  1  Jan- 
uary 1793, .       377     2     0 

To  Town  of  Situate  for  supporting  Charles  Curtis  & 

others  up  to  the  1  June  1792, 15  15     9 


336  Resolves,  1792.  —  January  Session. 

To  Town  of  Spencer  for  supporting  Robert  GifBn  from 

15  July  1790  to  Jany.  1791,  24  Weeks,  by  James  Wat-         £    s.  d. 
son  #f  acct , 6  10     0 

To  Town  of  Tewksbury  for  supporting  James  John- 
son, from  -28  May  to  18  July  1792  the  time  when  he 
died,       .'....■ 4  11     3 

To  Town  of  Thomastown  for  supporting  Anne  Clark  & 
others  from  May  1787  to  May  1791  — committed  by 
order  of  Court 56     4     9 

To  Town  of  Williamstown,  for  supporting  John  Coon- 
radt  Leonard  &  Robert  Waldin  up  to  26  Jany.  1793, 
&  Rachel  (4alusha  from  20  May  1792  to  24  Febry. 
1793  _  including  Doctr.  Wm.  Towners  acct.  of  £  8  1  2,         50  16     2 

To  Town  of  Westfield  for  supporting  William   Davis 

from  1  Jaury   1792  to  1  Jany.  1793,      .         .         .         .         13     0     0 

To  Doctr.  Thomas  Welsh  for  Visits  &  Medicines  for 
sundry  poor  of  the  Common-wealth,  with  the  small 
pox,  in  the  Hospital  at  West  Boston,  from  June  to 
August  1792 20  11     3 

To  Town  of  W'illiamsburgh  for  supporting  Archibald 
McMullin  &  Wife  from  12  March  1792  to  29  Jany. 
1793  as  (^  Account  of  Benjamin  Pomeroy,  .         .        .        21  17     0 

To  Town  of  West  springfield,  for  supporting  Lucy  Kent 

from  15  May,  1792  to  14  January  1793,        .        .        .         10     2     9 

To  Town  of  Worcester,  for  supporting  Temperance 
Cummings  &  others  l)etvveen  Febry.  1785  &  June  1791 

—  committed  by  Order  of  Court, 5  10     6 

To  Town  of  Walpole,  for  supporting  Sally  Davis  from 

1  Jany.  1792  to  1  Jany.  1793  by  Samuel  Copp,  as  <^ 

his  acct 12     2     8 

To  Town  of  Windsor,  for  supporting  John  Dightou  & 
family  from  10  Novr.  1792  to  21  Jany.  1793,  6,  1, 10, 
also  for  Doctr.  Asahel  Wrights  acct.  5,  9,  0,  also 
for  supporting  Benjamin  Still  &  Wife  from  17  Maj' 
1792  to  17  Jany.  1793  13  16  8 25     7     6 

To  Town  of   Warwick  for  supporting  Philip  Boyle's 

family  from  19  Jany.  1792  to  19  January  1793,   .         .         15  12     0 

To  Town  of  West-ton  for  supporting  John  Scudmore 

from  6  June  1792  to  20  Febry.  1793,     .        .         .        .         11  19     2 

To  Town  of  York  for  supporting  Hannah  Down  from 

21  Febry.  1784  to  21  Feby.  1786  W  order  of  Court,      .  9     0     0 

To  Jabez  Dimmock  of  Falmouth  for  supporting  Lydia 
Brown  &  her  Child  from  14  April  to  12  August  in  1790 

—  by  Order  of  Court, 5  17     0 

/    To  Joseph  Hosmer,  for  supporting  Daphney  an  African, 

X  fi'om    14  Novr.  1792  to  27  March  1793 —  bv  order  of 

Court, 5  14     0 

To  Town  of  Stoughton  for  supporting  Robert  Hall's 
family  from  1  April  1791  to  I  Febry.  1793,  including 
Doctoi-'s  Bills  and  every  expence.  Committed  by  Or- 
der of  Court—  and  the  Committee  on  Accts  further 
report,  that  the  other  persons,  chai-g'd  in  the  same 
acct ,  by  the  town  of  Stoughton,  are  not  poor  of  the 
Common  wealth, 86     2    0 

£.2335  11     0 


Resolves,  1792.  —  January  Session.  337 


Printers  Accounts^  vizt. 

To  William  Butler  of  Northampton,  for  jirlnting  for  the        £    s.    d. 
Common-wealth  from  Sept.  1791  to  30,  Sep.  1792,       .        13  17     6 

To  Thomas  C.  Gushing  of  Salem,  for  pi'inting  from 
Novr.  1787,  to  20  Novr.  1792  committed  by,  order  of 
Court  —  as  ^  two  accts., 5    5     0 

To  R Hutchins  of  Springfield,  for  printing  in  Jan- 
uary 1793, 0  17     0 

To  Ezra  Waldo  Weld  of  Springfield,  for  printing  from 

20  June  to  12  Deer.  1792, 7     8     0 

To  Thomas  B.  Waite  of  Portland,  for  printing  from  9 

July  1792  to  24  Jany.  1793, 8  10     6 

To  Young  &  Etheridge  of  Boston,  for  printing  in  March 
1793  an  abstract  of  the  Committee's  Report  on  Valua- 
tion,         15     0     0 


£.60  18    0 


Sheriffs  Accotcnts,  vizt. 

To  Edmund  Bridge  SheriflF  of  the  County  of  Lincoln, 
for  distributing  pi-ecepts  &  returning  Votes  for  the 
Choice  of  Electors  &  federal  Representatives  from        £    s.    d. 
Novr.  9,  1792  to  7  Jany.  1793, 13     8    0 

To  John  Cooper  Sherifi'of  the  County  of  Washington, 
for  distributing  jirecepts  &  returning  Votes  for  the 
Choice  of  Electors,  and  federal  Representatives  to 
Novr.  1792, 19     3    0 

To  Joseph  Dimmick  Sherifi"  of  the  County  of  Barnstable, 
for  distributing  precepts  &  returning  Votes  for  the 
Ciioice  of  Electors,  and  federal  Representatives,  from 
January  1789  to  December  1792, 8  18     6 

To  Dwight  Foster  Sherifi  of  the  County  of  Worster, 
for  Distributing,  Proclamations,  Precepts,  &  Returning 
Votes  for  federal  Representatives,  from  July  1792  to 
Febry.  1793, 15     9     8 

To  John  Gardner  Sheriff  of  Nantucket,  for  Distributing 
Precepts  &  returng.  Votes  for  the  Choice  of  federal 
Representatives,    from   Novr.    1792   to    16   January 
1793, 4  10    0 

To  Simon  Larned  Sheriff  of  the  County  of  Bei'kshire, 
for  distributing  Precepts  &  returning  Votes  for  the 
choice  of  federal  Representatives  from  Novr.  1792  to 
31  January  1793, 5  13     0 

To  George  Partridge  Sheriff  of  the  County  of  Plymouth, 
for  distributing  precepts  &  returning  Votes  for  the 
choice  of  federal  Representatives,  and  doing  other 
business  from  June  1783,  to  January  1793  —  by  order 
of  Court, 11  16     2 

To  Benjamin  Smith  Sheriff'  of  Dukes  County,  for  dis- 
tributing Precepts  &  returning  Votes  for  choice  of 
federal  Representative  to  28  Feby.  1793,      .        .        .  1  14    4 

£.80    7     8 


338  Resolves,  1792.  —  January  Session. 


Expences  of  Repairing  the  State  House,  vizt. 

To  Norton  Brailsford,  for  Glass  for  repairing  the  Win-  £    s.  d. 

dews,  &c.  from  May  1791  to  March  4,  1793  #»  acct.,  .  26  3  2 
To  Joseph  Blake,  for  Mason's  Work,  &  for  an  Iron 

Stove  W  acct., 18  17  6 

To  Amasa  Davis,  for  Boards  &  Plank,  W  acct.,  .  .  12  16  7 
To  Thomas  Dawes,  for  sundries  done  at  the  Lobbies,  ^ 

acct 300 

To  Thomas  Patten,  for  Iron  Work,  W  acct.,    .        .         .          1  17  0 

To  Henry  Roby,  for  Iron  funel  &c.  ^  acct.,    .        .        .          9     4  8 

To  John  Stutson,  for  Joiners  Work  &o.  ^  two  accts.,  .  29  3  8 
To  Mason  &  Winslow,  for  Nails  Locks  Hinges  &c.  ^ 

acct 704 

To  Oliver  Wiswall,  for  Joiners  Work,  ^  acct.,                .          2     9  1 


£.110  12    0 


Miscellaneous  Expences,  vizt. 

To  John  Boyle,  for  Stationary  for  the  Secretary's  office,        £    s.  d. 
from  25  Jany.  1792  to  28  February  1793,  W  acct.,        .        39     6     3 

To  James  White,  for  Stationary,  for  the  General  Court, 

from  10  March  1792  to  23  March  1793,  ^  acct.,  .        .        48     4    2 

To  hon.  Peleg  Coffin  Juur.,  for  his  service  on  the  Com- 
mittee for  settling  Treasurer's  Hodgdon's  accts.,  from 
May  1792  to  30  January  1793,  —  145  Days  —  ®  12s.  #" 
day  W  Resolve, 87     0    0 

To  hon.  David  Cobb,  for  his  service,  on  the  same  busi- 
ness, from  Octr.  1792  to  30  Jany.  1793  —  94  Days  ® 
12s., 66     8    0 

To  Ezra  Collins,  for  attendance  on  a  Committee  on  the 

Petition  of  Samuel  Ward  ^  order  of  Court,         .        .  14    0 

To  William  Jernigan,  for  his  Expences  in  procuring 
Receipts  &  Depositions,  to  prosecute  Thomas  Cooke, 
Excise  Officer  in  the  County  of  Dukes  County  —  by 
Order  of  the  Attorney  General  ^  acct.  of  28  Feby. 
1793 11  10    0 

To  David  Sewall  of  York,  for  postage  of  public  Letters 

in  November  1792, 2     6     7 

To  Jonathan  Hastings  for  Postage  of  public  Letters,  from 

1  Febry.  1792  to  6  Febry.  1793 8    8    9 

To  Samuel  Laha,  for  taking  care  of  the  Hospital  on 
Rainsford's  Island,  from  25  Jany.  1792,  to  25  Jany. 
1793,  for  Wood  &  other  supplies,  .         .         .        .        37     5    5 

To  Samuel  Barrett,  for  making  new  Sails  for  the  boat 

to  attend  on  Rainsford's  Island,  January  1793,    ,        .         16  17  10 

To  Samuel  Barrett  Junr.,  for  repairing  the  old  Sails  of  , 

said  boat  in  April  1792, .        .        .        .        .        .        .  1  10    0 

To  Joseph  Nowell  for  repairing  the  Boat  belonging  to 

the  Castle,  W  acct., 8    8    4 

To  Isaac  Peirce  for  extra  expense  attending  the  Council 

during  their  Session  at  Concord  in  Nov.  1792,     .        .  18    0 

To  William  Harris  Clerk  in  the  Secretai'y's  office  for 

extra  expence  attending  at  Concord,    .         .        .        .  18     0 


Resolves,  1792.  —  January  Session.  339 

To  Edward  McLane,  another  Clerk  in  the  same  office,         £    s.  d. 
for  exti'a  expence  attending  at  Concord,      .        .         .  18    0 

To  Andrew  Campbell,  another  Clerk  in  the  same  office, 

for  extra  expence  attending  at  Concord,       .         .         .  18     0 

To  Joseph  Laughton,  first  Clerk  in  the  Treasury  office, 
from  13  Novr.  1792,  to  23  March  1793,  112  Days  —  ® 
10s 56     0    0 

To  Daniel  Cowing  for  his  attendance  on  the  General 
Court,  from  28  Jaury.  to  27  March  1793,  51  Days  ^ 
6s.  8 17     0    0 

To  James  Bancroft  for  11  days  service  as  a  Clerk  for  the 

Committeeon  Valuation  from  11  to  22  Fehy.  1793,®  9s.  4  19    0 

To  Jacob  Emerson  for  8  days  service  on  the  same  busi- 
ness in  Febry.  1793,  ®  9s 3  12    0 

To  Thomas  Greene  for  32  days  service  on  the  same 
business,  from  24  Deer.  1792,  to  30  Janry.  1793,  ®  9s.         14    8    0 

To  William  Palfrey  for  7  daj-s  service  on  the  same  busi- 
ness in  Febry.  &  March  1793,  'S  9s 3     3    0 

To  Jacob  Rowe  for  22  days  service  on  the  same  business 
in  Febry.  &  March  1793  '3)  9s 9  18     0 

To  Thomas  Popkin  for  Iron  Work,  for  the  State  house 
from  the  14  Feby.  1791  to  5  March  1793  #*  acct.,         .  5  19     6 

To  his  Excellency  John  Hancock  Esqr.  for  Cash  he  paid 
for  an  Express  going  to  Machias  in  December  1792 
&  January  1793, 38     2     0 


£.477 

2 

10 

;        £ 
40 

s. 
17 

d. 
9 

Expences  of  the  Militia,  vizt. 

To  John  Boyle  for  Stationary  &c.  supplied  the  Adjutant 
General's  office  from  10  Febry.  1792  to  4  Febry.  1793, 

To  William  Donnisou  Adjutant  General,  in  full  for  his 
services  in  that  Office,  including  Office  rent,  and  every 
other  expense  from  1  Janry.  1792  to  1  Janry.  1793,     ,       150    0    0 

To  John  S.  Tyler,  Deputy  Adjutant  General  of  the  1 
division  of  Militia,  for  his  Services  from  7  Febry.  1792 
to  23  Feby.  1793 29     3    4 

To  Fitch  Hall  Deputy  Adjutant  General  of  the  3  division 
of  Militia  for  his  Services  from  22  Febry.  1792  to  27 
Febry.  1793, 21  18    4 

To  Joseph  Williams  Deputy  Adjutant  General  of  the  4 
Division  of  Militia  for  his  services  from  28  Jany.  1792 
to  20  January  1793, 22  15     2 

To  Henry  Sewall  Deputy  Adjutant  General  of  the  8 
division  of  Militia  for  his  services  from  13  Jany.  to  8 
November  1792, 14     2     6 

To  Seth  Catlin  Brigade  Major  for  his  services  from  28 

Jany.  1792  to  20  January  1793,     .  ...         13  18     8 

To  Samuel  M.  Thayer  Bi-igade  Major  for  his  services 

from  27  January  1792  to  30  Jany.  1793,        .        .        .         18  16     8 

To  James  Scammon  Deputy  Adjutant  General  of  the  6 
division  of  Militia  for  his  services  from  10  Novr.  1791 
to  5  Nov.  1792 5  13    0 

To  John  Smith  Brigade  Major,  for  his  services  from  3 
June  1791  to  1  January  1793, 25    3     0 


340  Resolves,  1792.  —  January  Session. 

To  Nathaniel  Freeman  Brigade  Major,  for  his  services 

from  13  Jany.  to  18  Nov.  1792, 

To  William  Fisk  Brigade  Major  for  his  services  from 

1  Jany.  1792  to  1  Febry.  1793, 

To  William  Jefferds,  Brigade  Major  for  his   services 

from  1  Jany.  to  5  Nov.  1792, 

To  Timothy  Jackson,  Brigade  Major  for  his  services 

from  1  January  1792  to  1  January  1793, 
To  Jacob  Mann,  Brigade  Major  for  his  services  from  1 

Febry.  1792  to  1  Febry.  1793, 

To  Bethuel  Boyd  Adjutant  for  his  services  from  2  April 

1792  to  1  January  1793 

To  Joseph  Billings  Adjutant,  for  his  services  from  15 

Acril  1792  to  22  Febry.  1793,        .         .         .        . 
To  Mulphard  Howse  Adjutant  for  his  services  from  4 

Augt.  to  23  November  1792, 

To  Cyrus  Hosmer  Adjutant,  for  his  services  from  March 

1792  to  1  March  1793 

To  Abel  Wilder  Adjutant  for  his  services  from  1  March 

1792  to  6  Febry.  1793, 

To  Samuel  Field  Adjutant  for  his  services  from  9  March 

1792  to  1  March  1793, 

To  Hezekiah  Hutchins  Adjutant  for  his  services  from 

Febry.  1792  to  9  Febry.  1793, 

To  Joshua  Shaw  Adjutant  for  his  sei'vices  from  10  May 

1792  to  1  February  1793, 

To  Thaddeus  Frisbie,  Adjutant,  for  his  services  from  3 

January  1792,  to  1  Febry.  1793, 

To  Azariah  Root,  Adjutant,  for  his  services  from  8  April 

to  31  December  1792, 

To  Russell  Dewey  Adjutant  for  his  services  from  25  May 

1792  to  24  January  1793, 

To  John  Meacham  Adjutant,  for  his  services  from  15 

April  1792  to  29  Janry.  1793,         ... 
To  Joseph  Parker  jr.  Adjutant,  for  his  services  from 

Febry.  1792  to  20  January  1793,    ... 
To  Elias  Richardson  for  taking  cai'e  of  Military  Stores 

in  Cambridge  from  the  1  August  1791  to  1  February 

1793,       

To  Josiah  Carter  of  Leominster  for  repairing  Gun  Car- 
riages for  the  State  Artillery  in  1788  —  by  order  of 

Court, 


£    s. 
9  18 

d. 
6 

3  15 

0 

9  8 

0 

10  17 

4 

11  14 

8 

6  1 

4 

6  5 

10 

2  5 

5 

5  10 

0 

6  10 

4 

8  1 

10 

5  0 

9 

4  5 

5 

7  12 

10 

6  7 

4 

3  9 

8 

5  14 

7 

4  12 

6 

9  0 

0 

3  14 

0 

£.472  13    4 


Totals  brought  down. 

Expences  of  supporting  the  Poor  of  the  Commonwealth,  £.2335  11  0 

Printers  Accounts, 50  18  0 

Sheriffs  Accounts, 80    7  8 

Expences  of  repairing  the  State  House,  .        .        .        .  110  12  0 

Expences  of  the  Militia, 472  13  4 

Miscellaneous  Expences, 477     2  10 


Whole  amount  of  this  Roll  is    .        .        .        .         £.3527    4  10 


Resolves,  1792.  —  January  Session.  341 

Read  and  accepted,  &  thereupon  Resolved  that  his  Ex- 
cellency 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  Corporations  & 
persons  borne  on  this  Roll,  the  sums  set  against  such 
Corporations  8g  persons  respectively,  amounting  in  the 
whole  to  Three  thousand  five  hundred  &  twenty  seven 
pounds  four  shillings  and  ten  pence.        March  27,  1793. 


LAWS 


OF  THE 


COMMONWEALTH 


OF 


MASSACHUSETTS. 

PASSED  BY  THE  GENERAL  COURT: 

BEGUN   AND    HELD   AT  BOSTON,    IN    THE   COUNTY  OF 

SUFFOLK,  ON  WEDNESDAY  THE  TWENTY-NINTH 

DAY  OF  MAY,  ANNO  DOMINI,  1793. 


BOSTON : 

Printed  by  Adams  and  Larkin, 

Printers    to    the    COMMONWEALTH. 

M,DCC,XCIII. 


Reprinted  by  Wright  &  Potter  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  NINTH  DAY 
OF  MAY,  ANNO  DOMINI,  1793. 


1793.  — Chapter  1. 

[May  SeBBion,  ch.  2.] 

AN  ACT  FOR  REPEALING  ONE  CLAUSE,  AND  ALTERING  A  DIVID- 
ING LINE  DESCRIBED  IN  AN  ACT  INTITLED,  "  AN  ACT  FOR 
DIVIDING  THE  TOWN  OF  SALISBURY  IN  THE  COUNTY  OF 
ESSEX  INTO   TWO   PARISHES." 

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  clause  vizt.  ' '  Excepting  only  clause  in  a 
that  the  contract  made  by  the  Town  with  the  Minister  of  repealed." 
that  part  thereof  which  now  constitutes  the  West  Parish 
shall  so  far  as  it  relates  to  his  future  support,  be  consid- 
ered as  devolving  and  binding  upon  the  West  Parish  only 
and  not  upon  the  Town,"  contained  in  an  act  passed  the 
last  Session  of  the  last  General  Court,  intitled  *' An  Act 
for  dividing  the  Town  of  Salisbury  in  the  County  of 
Essex  into  two  Parishes "  be  and  the  same  hereby  is 
repealed. 

And  be  it  further  enacted  that  the  first  dividing  line  Dividing  lino 
mentioned  in  said  Act  begining  at  the  Oak  stump  therein  ""®''*'^- 
mentioned,  "  and  thence  running  southerly  by  the  Avestern 
border  of  said  Titcomb's  land  to  Merrimack  River "  be 
and  hereby  is  altered,  and  that  said  line  shall  runn  from 
said  stump  southerly  by  the  eastern,  instead  of  the  West- 
ern border  of  said  Titcomb's  land  to  said  Merrimack 
River,  so  as  to  include  the  lands  of  said  Enoch  Joshua 
and  Richard  Titcomb  within  the  bounds  of  said  Western 
Parish  any  thing  in  said  Act  to  the  contrary  notwith- 
standing. Approved  June  6,  1793. 


346 


Acts,  1793.  —  Chapters  2,  3. 


Preamble. 


Enacting  clause. 


1793.  —  Chapter  2. 

[May  SesBion,  ch.  3.] 

AN  ACT  AUTHORIZING  LEWIS  ANSART  DE  MARESQUELLE,  TO 
OMIT  THE  ADDITION  OF  DE  MARESQUELLE  &  TO  BE  CALLED 
AND  KNOWN  BY  THE  NAMES   OF  LEWIS  ANSART. 

WTiereas  Lewis  Ansart  De  Maresquelle  of  Dracut  in 
the  County  of  Middlesex  Esq7\  has  petitioned  this  Court 
praying  that  he  may  be  authorized  to  omit  the  addition 
of  De  Maresquelle  &  that  he  may  be  called  &  known  by 
the  names  of  Lewis  Ansart,  which  are  his  Christian  and 
family  names. 

Be  it  therefore  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled  and  by  the 
Authority  of  the  same,  that  the  said  Lewis  Ansart  De 
Maresquelle  be  and  he  hereby  is  allowed  and  authorized  to 
omit  the  said  addition  of  De  Maresquelle,  and  that  he  be 
hereafter  called  and  known  by  the  name  of  Lewis  Ansart. 

Approved  June  6,  1793. 


Preamble. 


Exclusive 
privilege  of 
making  Glass 
granted  to 
certain  persons 
for  a  term. 


1793.  — Chapter  3. 

[May  Session,  ch.  4.] 

AN    ACT    FOR   THE    ENCOURAGEMENT    OF    THE   GLASS    MANU- 
FACTURY  WITHIN  THIS  COMMONWEALTH. 

WJiereas  it  is  of  great  importance  that  useful  manufact- 
ures should  be  encouraged  and  promoted  within  this  Com- 
monwealth; (&  it  appearing  to  this  Court  that  William 
Phillips,  Thomas  Walley,  Jonathan  Amory,  William 
Tudor,  Charles  Jarvis,  John  Andrews  and  their  Associ- 
ates have  expended  six  thousand  pounds  in  erecting  suitable 
works,  and  procuring  qualified  workmen  from  Europe,  for 
the  purpose  of  manufacturing  Glass  within  the  town  of 
Boston,  and  it  clearly  appearing  to  this  Court,  that  the 
said  undertaking  ivill  be  of  public  advantage;   Therefore 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority 
of  the  same,  that  they  the  said  William  Phillips,  Thomas 
Walley,  Jonathan  Amory,  William  Tudor,  Charles  Jarvis, 
and  John  Andrews  and  their  associates,  heirs  and  assigns 
shall  have  and  enjoy  at  such  place  or  places  within  this 
Commonwealth,  and  in  such  manner  as  they  shall  agree 
upon,  the  sole  and  exclusive  right  of  manufacturing  all 


Acts,  1793.  —  Chapter  3.  347 

sorts  of  window  and  plate  glass  within  this  Common- 
wealth for  &  during  the  full  term  of  ten  years  from  the 
date  of  this  Act. 

And  be  it  farther  enacted  by  the  Authority  aforesaid, 
that  the  said  Phillips,  Walley,  Amory,  Tudor,  Jarvis  and  J'^^i^^g^J^ 
Andrews,  and  their  associates  shall  have  the  further  sole 
and  exclusive  right  of  manufacturing  all  sorts  of  hollow 
glass  ware,  for  the  same  term  of  ten  years :  Provided  Proviso. 
nevertheless  that  they  shall  within  three  years  from  the 
date  of  this  act  manufacture  of  such  hollow  glass  ware, 
including  bottles  of  all  sorts,  to  the  amount  of  one  thou- 
sand pounds,  and  shall  continue  annually  to  manufacture 
of  such  hollow  glass  ware,  and  bottles  to  the  value  of  one 
thousand  pounds  as  aforesaid,  otherwise  this  exclusive 
right  hereby  granted  shall  cease  so  far  as  relates  to  such 
hollow  ware  and  bottles,  and  be  and  remain  to  said  pro- 
prietors only,  as  an  exclusive  right  to  them  and  their 
associates,  for  manufacturing  window  and  plate  glass  as 
aforesaid. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  land  and  buildings  actually  occupied  in  carrying  Lands  and 
on  the  said  manufacture  shall  be,  and  hereby  are  exempted  exemp't^/rom 
from  taxation  for  the  term  of  five  years  from,  and  ensuing  ^^^^^^°^- 
the  passing  of  this  act. 

And  be  it  farther  enacted  by  the  authority  aforesaid, 
that  all  the  artificers,  and  workmen  of  every  kind  em-  workmen 
ployed  in  the  said  Manufacture  be,  and  they  hereby  are  ^tiufry  duty°^ 
exempted  from  all  military  duties,  during  the  time  that 
they  shall  be  employed  in  the  said  Manufactory. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  no  person  shall  from  &  after  the  passing  of  this  act,  dlnTo°mi°ke''^" 
and  during  the  said  term  of  ten  years  manufacture  any  oiass  without 

"  tiiG  consent  of 

kind  of  window  or  plate  glass,  or  glass  ware,  without  the  the  Proprietors. 
consent  and  licence  of  the  said  Phillips,  Walley,  Amory, 
Tudor,  Jarvis  and  Andrews,  their  associates  and  assigns 
or  the  major  part  of  them  first  had  and  obtained  for  that 
purpose ;  and  every  person  so  oftending  shall  forfeit  and  fe«)ve?ed^.°^ 
pay  the  sum  of  five  hundred  pounds  for  each  offence  to 
be  recovered  in  an  action  of  debt  in  any  Court  proper  to 
try  the  same  by  the  said  Phillips,  Walley,  Amory,  Tudor, 
Jarvis  and  Andrews  their  heirs  associates,  and  assigns, 
or  by  any  one  or  more  of  them,  to  the  use  of   them,  their 
heirs,  associates  &  assigns  :  — provided,  and  this  act  is  Proviso. 
upon   this  condition,    that   the   proprietors    of   the  said 


348 


Acts,  1793.  —  Chapter  4. 


Premium  for 
making  a  certain 
quality  of 


Proviso. 


Manufacture  shall  employ  annually  over  and  above  what 
they  have  already  expended,  a  sum  not  less  than  two 
thousand  pounds  each  and  every  year  during  the  term 
aforesaid,  in  the  manufacture  of  window  or  plate  glass  as 
aforesaid. 

And  be  it  enacted  by  the  authority  aforesaid,  that  there 
l)e  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth to  the  proprietors  of  the  said  Glass  works  and 
manufacture  the  sum  of  six  pence  for  each  and  every 
sheet  of  Merchantable  Window  Glass  equal  in  quality  to 
British  Crown  Glass,  Provided  that  each  of  such  sheets 
shall  be  at  least  thirty  six  inches  in  diameter,  and  pro- 
vided that  such  bounty  shall  not  be  paid  on  a  greater 
number  than  ten  thousand  sheets  annually,  during  three 
years  from  the  passing  this  act,  so  as  to  make  thirty 
thousand  sheets  in  the  whole  :  And  this  bounty  shall  con- 
tinue and  be  allowed  for  three  years  from  the  passing  of 
this  act  under  the  limitation  and  on  the  condition  before 
expressed,  provided  the  said  Proprietors  shall  annually 
manufacture  at  least  four  thousand  sheets  of  such  window 
glass.  And  the  Governor  with  the  advice  of  Council 
upon  satisfactory  proof  l^eing  exhibited  by  said  proprie- 
tors of  such  number  of  whole  sheets  of  Glass  being  manu- 
factured as  is  provided  by  this  act,  is  hereby  empowered 
to  draw  his  Warrant  upon  the  Treasurer  of  this  Common- 
wealth for  the  payment  of  the  bounty  aforesaid,  and  said 
Treasurer  is  hereby  authorized  to  pay  the  same  to  said 
Proprietors  accordingly.  Approved  June  15,  1793. 


Actions,  &c.  to 
be  carried  on 
notwithstand- 
ing the  Jnne 
term. 


1793.  — Chapter  4. 

[May  Session,  ch.  6.] 

AN  ACT  IN  ADDITION  TO  AN  ACT  INTITLED  AN  ACT  FOR  THE 
ESTABLISHING  ANOTHER  TERM  FOR  HOLDING  COURTS  OF 
COMMON  PLEAS  AND  GENERAL  SESSIONS  OF  THE  PEACE  IN 
THE  COUNTY  OF  WORCESTER  PASSED  MARCH  TWENTY 
EIGHTH  SEVENTEEN   HUNDRED  &   NINETY  THREE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
in  General  Court  assembled  and  by  the  Authority  of  the 
same,  that  all  actions  and  recognizances  duly  commenced 
and  taken  previous  to  the  passing  of  this  Act  to  l)e  heard 
tried  and  returned  to  the  Courts  of  Common  Pleas  and 
General  Sessions  of  the  Peace  to  be  holden  in  said  County, 
on  the  last  Tuesday  of  August  next,  shall  be  returned  to, 


Acts,  1793.  —  Chapter  5.  349 

entered  sustained  and  acted  upon  by  said  Courts  respec- 
tively, at  their  said  term  in  August  next,  in  the  same  way 
and  manner  in  every  respect  as  by  law  they  might  have 
been  returned  entered  sustained  and  acted  upon,  had  not 
the  said  June  term  been  instituted  as  aforesaid  ;  and  all 
attachments  made  on  any  actions  commenced  and  all  re- 
cognizances taken  as  aforesaid,  shall  be  holden  good  and 
valid  in  Law,  the  intervention  of  the  said  June  term  in 
consequence  of  the  said  act  notwithstanding. 

Apjyroved  June  17,  1793. 

1793.  — Chapter  5. 

[May  Session,  ch.  5.] 

AN  ACT  FOR  ESTABLISHING  AN  ACADEMY  IN  THE  TOWN  OF 
WESTFIELD  IN  THE  COUNTY  OF  HAMPSHIRE  BY  THE  NAME 
OF  WESTFIELD  ACADEMY. 

Whereas  the  encouragement  of  Literature  among  the  Preamble. 
rising  generation  has  ever  been  considered  hij  the  wise  and 
good,  as  an  object  of  the  most  serious  attention,  and  as  the 
prosperity  and  happiness  of  a  free  people  greatly  depend 
upon  the  advantages  arising  from  a  pious  S  learned  educa- 
tion ;  and  it  appears  that  the  said  town  of  Westjield  have 
voted  a  sum  of  Six  hundred  pounds  for  the  purpose  of 
erecting  &  supporting  an  Acade^ny  in  the  Town  of  West- 
field  in  the  said  County  of  Hampshire;  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 
Representatively']  in  General  Court  assembled  and  by  the 
authority  of  the  same,  that  there  be  and  hereby  is  estab-  ^j^^f^j^^ 
lished,  in  the  town  of  Westtield  in  the  County  of  Hamp- 
shire, an  Academy,  by  the  name  of  Westfield  Academy 
for  the  purpose  of  promoting  piety  religion  and  morality 
&  for  the  instruction  of  Youth  in  such  languages  &  such 
of  the  liberal  arts  &  sciences,  as  the  trustees  shall  di- 
rect:  And  Honble.  William  Shephard,  Samuel  Fowler,  &  Jppofntld. 
Samuel  Mather  Esqrs.,  Wareham  Parke,  David  Mosely, 
&  Abel  Whitiney  Esqrs.,  Kevd.  Joseph  Lathrop,  Kevd. 
Solomon  Williams,  Revd.  Noah  Atwater,  Revd.  Bezaleel 
Howard,  Revd.  Isaac  Clinton,  Revd.  Joseph  Badger, 
Honble.  Samuel  Lyman  Esqr.,  Justin  Ely  Esqr.  &  Jona- 
than Judd  junr.  Esqr.,  be  &,  they  hereby  are  nominated 
and  appointed  Trustees  of  said  Academy ;  and  they  are 


350 


AoTS,  1793.  —  Chapter  5. 


Property 
confirmed  to 
said  Trustees. 


Power  to  hold 
property. 


Power  and 
duty  of  the 
Trustees. 


Common  Seal 


hereby  incorporated  into  a  body  politic  by  the  name  of 
the  Trustees  of  Westfield  Academy  &  they  and  their 
Successors  shall  be  &  continue  a  body  politic,  by  the 
same  name  forever. 

And  be  it  further  enacted  that  all  the  lands  &  monies, 
which  for  the  purpose  aforesaid,  shall  be  hereafter  given 
o:ranted  &  assigned  unto  the  said  trustees,  shall  be  con- 
firmed  to  the  said  trustees,  &  their  Successors  in  that 
trust  for  the  uses  which  in  such  instruments  shall  be  ex- 
pressed ;  Provided  such  uses  shall  not  be  repugnant  to 
the  design  of  this  Act :  and  they  the  said  trustees  shall 
be  further  capable  of  having  holding  &  taking  in  fee  sim- 
ple, by  gift,  grant  devise  or  otherwise,  any  lands  tene- 
ments 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  design  of  the  Institution  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,  &  fix  the  tenures  of  their 
respective  offices,  to  remove  any  trustee  [s]  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  Ofiicers ; 
to  elect  preceptors  &  ushers  of  said  Academy,  to  deter- 
mine the  duties  and  tenures  of  their  offices,  to  ordain 
reasonable  rules  orders  and  [&]  bye  laws  not  repugnant  to 
the  laws  of  this  Commonwealth  with  reasonable  penalties 
for  the  good  gover[n]ment  of  the  Academy  &  ascertain- 
ing the  qualifications  of  the  Students  requisite  to  their 
admission  &  the  same  rules,  orders  &  bye  laws  at  their 
pleasure  to  repeal. 

Be  it  further  enacted  that  the  Trustees  of  the  said 
Academy  may  have  one  common  seal,  which  they  may 
change  at  pleasure  &  that  all  deeds  signed  &  delivered  by 
the  Treasurer  or  Secretary  of  said  trustees  by  their  order 
&  sealed  with  their  seal  shall  when  made  in  their  name  be 
considered  as  their  deed  &  as  such  be  duly  executed  & 


Acts,  1793.  —  Chapter  6.  351 

valid  in  law :  and  that  the  said  Trustees  of  said  Academy  Trustees  may 

,     ,  1     ■  n  J-  1  11   sue  or  be  sued. 

may  sue  and  be  sued  in  all  actions  real  personal  and 
mixed  &  prosecute  and  defend  the  same  unto  final  judg- 
ment &  execution  by  the  name  of  the  Trustees  of  West- 
field  Academy. 

And  be  it  further'  enacted,  that  the  number  of  the  said  ^g  T^stees 
Trustees  and  their  Successors  shall  not  at  any  one  time  be  limited. 
more  than  fifteen  nor  less  than  nine,  seven  of  whom  shall 
constitute  a  quorum  for  transacting  bussiness,  and  a  major- 
ity of  the  members  present  at  any  legal  meeting,  shall 
decide  all  questions  proper  to  come  before  the  Trustees ; 
that  a  major  part  shall  be  laymen,  &  respectable  freehold- 
ers, also  that  a  major  part  shall  consist  of  men  who  are 
not  inhabitants  of  the  said  Town  of  Westfield. 

And  be  it  further  enacted  that  Samuel  Fowler  Esqr.  be  samuei  Fowier, 
and  he   hereby  is  authorized  to  fix  the  time  and  place  for    *'^"^"'  °^^^ 
holding  the   first  meeting  of   the   said  Trustees  and  to 
notify  them  thereof.  Approved  June  17,  1793, 

1793.  — Chapter  6. 

[May  Session,  ch.  7.] 

AN  ACT  FOR  INCORPORATING  THE  EAST  PRECINCT  OF  THE 
TOWN  OF  YARMOUTH  IN  THE  COUNTY  OF  BARNSTABLE 
INTO  A  SEPARATE   TOWN  BY  THE  NAME   OF  DENNIS. 

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  contained  within  the  East  Precinct  Dennis  incor- 
in  Yarmouth  as  the  same  is  now  bounded  with  the  Inhab-  p*"'"^'''*- 
itants  dwelling  thereon  be  &  they  hereby  are  incorpo- 
rated into  a  Town  by  the  name  of  Dennis,  and  the  said 
Town  of  Dennis  is  hereby  invested  with  all  the  powers 
priviliges  &  immunities  to  which  Towns  within  this  Com- 
monwealth are  or  may  be  intitled  agreeably  to  the  Consti- 
tution and  Laws  of  this  Commonwealth. 

And  be  it  further  enacted  by  the  authority  aforesaid,  that  inhabitants 
the  Inhabitants  of  the  said  Town  of  Dennis  shall  pay  all  taxirassessed. 
the  arrears  of  Taxes  which  have  been  assessed  on  them 
by  the  Town  of  Yarmouth  or  which  may  be  assessed  on 
them  from  this  time  to  the  first  of  March  next,  and  shall  ^°fr"PP°r'* 
take  and  support  their  proportionable  part  of  all  the  poor 
persons  which  now  are    in   said  Town  of  Yarmouth  or 
which  may  be  therein  on  the  first  day  of  March  next,  and 
also  shall  support  any  poor  person  or  persons  who  have 


362 


Acts,  1793.  —  Chapter  7. 


To  pay  pro- 
portion of 
debts,  &c. 


Atherton  Hall, 
Esq.  to  issue 
warrant. 


heretofore  been  Inhabitants  of  that  part  of  Yarmouth 
which  is  now  Dennis,  and  shall  not  have  obtained  a  legal 
settlement  elsewhere,  (when  they  become  chargeable,) 
and  such  poor  person  or  persons,  may  be  returned  to  the 
Town  of  Dennis,  in  the  same  way  and  manner  that  Pau- 
pers may  by  law  be  returned  to  the  Town  or  District  to 
which  they  belong,  and  the  Inhabitants  of  the  said  Town 
of  Dennis  shall  pay  their  proportion  of  all  debts  now  due 
from  the  Town  of  Yarmouth  or  which  may  be  due  on  the 
first  day  of  March  next  and  shall  be  intitled  to  receive 
their  proportion  of  all  monies  and  debts  now  due  to  the 
said  Town  of  Yarmouth  or  which  may  be  due  the  first 
day  of  March  next  and  also  their  proportionable  part  of 
all  other  property  of  the  said  Town  of  Yarmouth  of  every 
kind  and  description  w^hatever. 

A7id  be  it  further  enacted  by  the  Authority  aforesaid  that 
Atherton  Hall  Esqr.  be  and  he  is  hereby  authorized  to 
issue  his  warrant  directed  to  some  principal  Inhabitant  of 
said  Town  of  Dennis  requiring  him  to  warn  and  give 
notice  to  the  Inhabitants  of  the  said  Town  to  assemble 
and  meet  at  some  suitable  time  at  the  Meeting  house  in 
said  Town  of  Dennis  some  time  in  the  month  of  March  or 
April  next  to  choose  all  such  Officers  as  Towns  are  re- 
quired to  choose  at  their  annual  Town  Meeting  in  the 
Month  of  March  or  April  annually. 

Approved  June  19,  1793. 


Paris  incorpo- 
rated. 


1793.  — Chapter  7. 

[May  Session,  cb.  8.] 

AN  ACT  TO  INCORPORATE  THE  INHABITANTS  OF  A  PLANTA- 
TION KNOWN  BY  THE  NAME  OF  NUMBER  FOUR  INTO  A 
TOWN  BY   THE  NAME   OF   PARIS. 

Be  it  enacted  by  the  Senate  and  \_&']  House  of  Represent- 
atives in  General  Court  assembled  and  by  the  authority  of 
the  same,  that  the  Plantation  known  by  the  name  of  Num- 
ber four  in  the  County  of  Cumberland  bounded  on  all 
parts  by  the  Commonwealth  Lands  as  follows  vizt. ;  begin- 
ing  at  a  hemlock  tree  two  hundred  &  fifty  two  chains 
from  the  south  corner  of  Sylvester  Canada,  thence  north 
fourteen  degrees  west  seven  hundred  &  seventy  seven 
chains  to  a  stake  and  stones,  thence  south  sixty  eight  de- 
grees &  thirty  minutes  west  three  hundred  &  sixty  chains 
to  a  stake  and  stones,  thence  south  fourteen  degrees  east 


Acts,  1793.  —  Chapters  8,  9.  353 

seven  hundred  &  seventy  seven  chains  to  a  stake  &  stones, 
thence  north  sixty  eight  degrees  &  thirty  minutes  East 
three  hundred  &  eight  chains  to  the  Hemlock  Tree  first 
mentioned,  with  the  Inhabitants  thereon,  be  and  hereby 
is  incorporated  into  a  Town  by  the  name  of  Paris,  with  all 
the  powers  priviliges  &  immunities  that  Towns  within  this 
Commonwealth  do  or  may  enjoy. 

And  be  it  enacted  by  the  Authority  aforesaid^  that  Isaac  Isaac  Parsona, 
Parsons  Esqr.  be  and  hereby  is  empowered  to  issue  his  wl«ant!""^ 
warrant  directed  to  some  principal  Inhabitant  of  said 
Town  qualified  as  the  Law  directs  to  assemble  and  meet 
at  some  suitable  time  and  place  in  said  Town  &  choose 
such  Officer  or  OflScers  as  Towns  by  Law  are  empowered 
to  choose  at  their  annual  meeting  in  the  month  of  March 
or  April.  Approved  June  20,  1793. 

1793.  — Chapter  8. 

[May  Session,  ch.  9.] 

AN  ACT  REPEALING  PART  OF  AN  ACT,  INTITLED,  "  AN  ACT  FOR 
DIVIDING  THE  COUNTY  OF  SUFFOLK,  AND  ESTABLISHING 
A  NEW  COUNTY  BY  THE  NAME  OF  NORFOLK,"  PASSED 
MARCH  THE  TWENTY  SIXTH,  ANNO  DOMINI,  ONE  THOU- 
SAND  SEVEN   HUNDRED   AND   NINETY  THREE. 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  [  Court]  assembled,  and  by  the  au- 
thority  of  the  same,  that  the  aforesaid  act,  so  far  as  it  Act  establishing 
respects  the  towns  of  Hingham  and  Hull,  is  hereby  re-  ^Sel^^a' 
pealed,  and  made  null  and  void.     Approved  Jxine  20, 1793.      p*'*- 

1793.  — Chapter  9. 

[May  Session,  ch.  10.] 

AN  ACT  IN  ADDITION  TO  AN  ACT  INTITLED  "AN  ACT  FOR 
INCORPORATING  THAT  PART  OF  THE  TOWN  OF  SWANZEY 
KNOWN  BY  THE  NAME  OF  SHEWAMET  PURCHASE  IN  THE 
COUNTY  OF  BRISTOL  INTO  A  SEPARATE  TOWN  BY  THE 
NAME   OF  SOMERSET." 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  Authority  of 
the  same,  that  all  persons  who  before  the  passing  said  Act  concerning  car- 
were  inhabitants  of  said  Town  of  Swanzey  or  were  there  8*wanze°y.°^ 
liable  to  be  maintained  and  who  gained  their  settlement 
either  by  birth  or  otherwise  in  that  part  of  Swanzey  which 
now  constitutes  the  Town  of  Somerset,  in  case  they  or 


354  Acts,  1793.  — Chapter  9a. 

any  of  them  have  already  or  may  hereafter  become  charge- 
To  be  supported  able  for  support,  shall  be  considered  as  the  proper  poor 
somerset7°°     of  Said  Town  of  Somcrsct  any  thing  in  said  Act  to  the 

contrary  notwithstanding.  Approved  June  20^  1793. 

1793.  — Chapter  9a.* 

[May  Session.] 

AN  ACT  FOR  APPORTIONING  &  ASSESSING  A  TAX  OF  TWENTY 
THOUSAND  AND  EIGHT  POUNDS  SEVENTEEN  SHILLINGS  & 
SIX  FENCE  TO  ANSWER  THE  EXIGENCIES  OF  GOVERNMENT; 
AND  ALSO  THIRTEEN  THOUSAND  TWO  HUNDRED  AND  SIXTY 
EIGHT  POUNDS  AND  SIX  PENCE  TO  REPLACE  THE  SAME  SUM 
DRAWN  OUT  OF  THE  TREASURY  OF  THIS  COMMONWEALTH 
TO  PAY  THE  MEMBERS  OF  THE  HOUSE  OF  REPRESENTATIVES 
FOR  THEIR  ATTENDANCE  THE  SIX  LAST  SESSIONS  OF  THE 
GENERAL  COURT  FROM  THE  TWENTY  SIXTH  DAY  OF  JANU- 
ARY ONE  THOUSAND  SEVEN  HUNDRED  &  NINETY  ONE  TO 
THE  TWENTY  EIGHTH  DAY  OF  MARCH  ONE  THOUSAND 
SEVEN  HUNDRED  AND  NINETY  THREE,  INCLUSIVE. 

Whereas  it  is  necessary  to  answer  the  exigencies  of  Gov- 
ernment that  the  Treasury  of  this  Commonwealth  should 
be  supplied  with  the  sum  of  Twenty  thousand  (&  eight 
pounds  seventeen  shillings  and  six  pence. 

Be  it  therefore  Enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  that  each  town  District,  Plantation 
&  other  place  herein  after  named  within  this  Common- 
wealth shall  be  assessed  and  pay  the  several  sums  with 
which  they  stand  respectively  charged  in  the  following 
Schedule  Viz. 

*  Not  printed  in  session  pamphlet. 


Acts,  1798.  —  Chapter  9a. 


355 


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^1" 

372  Acts,  1793.  —  Chapter  9a. 

And  be  it  further  enacted  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  wdthin  this  Commonwealth  that 
are  taxed  as  aforesaid,  requiring  such  Selectmen  or  As- 
sessors 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  six- 
teen years  within  their  respective  Towns  or  other  places 
next  adjoining  them,  belonging  to  no  other  Town  or  place  ; 
pr'ovided  such  places,  were  returned  in  the  last  Valuation, 
and  all  Polls  being  minors,  apprentices  or  servants  under 
the  government  of  a  Master  or  Mistress,  to  be  taxed  to 
such  Master  or  Mistress  respectively,  at  ten  pence  each  ; 
&  the  remainder  of  such  sum  so  set  to  each  town,  or 
other  place  respectively  as  aforesaid,  after  deducting  the 
sums  assessed  on  the  Polls  as  aforesaid,  on  the  Inhabitants 
of  such  Town  or  other  place  as  aforesaid,  according  to 
the  just  value  of  the  whole  real  Estate  of  each  Inhab- 
itant of  such  Town  or  other  place  respectively  possessed 
on  the  first  day  of  May  last  in  his  own  Right  or  right  of 
others  lying  within  the  said  Town,  or  place  improved,  or 
not  improved,  and  on  the  nonresidents  possessors  of  real 
estate  lying  within  the  said  Town  or  place  in  their  own 
Right  or  Right  of  others,  improved  or  unimproved,  sav- 
ing all  agreements  between  Landlords  &  Tenants  and 
where  no  agreement  is,  the  Landlord  to  reimburse  one 
half  the  Tax,  &  also  on  the  Inhabitants  of  such  Town  or 
place  &  other  persons  possessing  estates  within  the  same 
according  to  the  proportion  of  the  amount  of  the  just 
value  of  their  personal  estate  including  monies  at  Inter- 
est 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  and  all  other  Debts  due  more  than  they  are  indebted 
for,  Monies  of  all  kind  on  hand.  Bank  Stock  held  in  any 
Bank,  Public  Securities  of  all  kinds  &  also  the  just 
amount  of  the  value  of  all  goods  wares  and  merchandize, 
Stock  in  trade.  Vessels  of  all  sorts  at  home  or  abroad 
with  all  their  Stores  and  appurtenances  :  Mules  of  one 
year  old  &  upwards  and  neat  Cattle  of  two  years  old  & 
upwards,  &  Swine  of  six  months  old  and  upwards  and 
all  property  of  the  several  kinds  returned  in  the  late  val- 
uation (excepting  Sheep,  Household  Furniture  Wearing 


Acts,  1793.  —  Chapter  9a.  373 

Apparrel,  Farming  Utensils  &  tools  of  the  Mechanics)  on 
the  said  first  day  of  May ;  and  the  Assessors  of  the  re- 
spective Towns  or  other  phices  as  aforesaid  shall  estimate 
all  the  before  enumerated  articles  at  Six  per  centum  upon 
the  real  value  of  the  same  in  the  places  where  they  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  precincts  as  aforesaid 
from  any  profession,  handicraft,  trade  or  employment,  or 
gained  by  trading  by  Sea  or  land  —  and  the  Treasurer  in 
his  said  Warrants  shall  likewise  require  the  said  Assessors 
respectively  to  make  a  fair  list  of  such  assessments,  set- 
ting forth  in  distinct  columns  against  each  persons  name 
how  much  he  or  she  is  assessed  at,  for  Polls,  how  much 
for  real  estate,  and  how  much  for  personal  Estate  and 
how  much  for  any  income  as  aforesaid,  and  if  as  Guardian 
or  for  any  estate  in  his  or  her  Improvement  in  trust  to  be 
distinctly  expressed,  also  to  insert  on  their  rate  bills  the 
number  of  acres  of  unimproved  land  which  they  have 
taxed  to  each  of  the  nonresident  Proprietors  of  Lands 
within  their  respective  Towns  or  other  places,  and  also 
the  real  value  at  which  they  have  estimated  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  com- 
mit to  the  Collector  or  Collectors,  Constable  or  Consta- 
bles of  such  Town  or  place  respectively  with  a  Warrant 
or  Warrants  in  due  form  of  Law  for  collecting  and  pay- 
ins:  the  same  to  the  Treasurer  of  this  Commonwealth  on 
or  before  the  first  day  of  Aprd  next,  and  to  return  a 
Certificate  of  the  name  or  names  of  such  Collector  or  Col- 
lectors, Constable  or  Constables,  with  the  sum  total  com- 
mitted to  them  to  collect  to  the  said  Treasurer  some  time 
before  the  first  day  of  December  next: — And  whereas 
there  are  many  persons  within  this  Commonwealth,  who 
are  engaged  in  trade,  &  who  almost  entirely  negociate 
their  Bussiness,  &  hire  shops,  stores  or  wharves  in  other 
Towns  than  where  they  dwell  or  reside  &  whose  property 
and  ability  in  this  regard  cannot  be  so  well  known  to  the 
Asessors  of  the  several  Towns  wherein  such  persons 
dwell  or  reside  as  to  the  Assesors  of  the  several  towns 
wherein  their  Bussiness  is  transacted  as  aforesaid 

Be  it  therefore  enacted  hy  the  authority  aforesaid,  that 
all  such  persons  within  the  description  aforesaid  shall  be 
assessed  &  pay  taxes  for  such  of  their  Goods  Wares  and 


374  Acts,  1793.  —  Chapter  9a. 

Merchandize,  Stock  in  trade,  Ships  &  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  &  in  default  thereof 
shall  be  doomed  by  the  Asessors  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  &  be  it  further  enacted  that  the 
following  persons  Vizt.  The  President,  Professors,  Tutors 
Librarian  &  Students  of  Harvard  College  who  have  their 
usual  Residence  there  and  who  enjoy  no  other  pecuniary 
OflSce  or  employment  also  settled  Ministers  of  the  Gospel 
and  Latin  Grammar  School  masters  are  not  to  be  assessed 
for  their  Polls  or  Estates  unless  their  Estates  be  not  under 
their  own  actual  management  or  improvement  or  not  in 
the  Parishes  in  which  they  are  settled  &  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 ;  &>  if  there  be  any 
others  who  by  reason  of  age  or  infirmity  or  poverty  are 
so  far  unable  to  pay  as  others  towards  the  Public  charges, 
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  he  it  further  enacted,  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  mak- 
ing County,  Town  or  Parish  Taxes  shall  govern  themselves 
by  the  same  rule  &  assess  the  Polls  in  their  respective 
Towns  or  Parishes  in  the  same  proportion  as  f'-e  said 
Polls  pay  towards  the  several  sums  with  which  the  said 
Towns  or  other  places  by  this  act,  respectively  stand 
charged,  having  regard  to  all  such  alterations  of  Polls  or 


Acts,  1793.  —  Chapter  10.  375 

of  property  as  may  happen  within  the  same  subsequent 
to  their  assessing  the  Tax  as  aforesaid.  And  the  Assess- 
ors of  the  several  Towns  which  by  this  act  are  charged 
with  the  pay  of  Representatives  shall  assess  such  addi- 
tional sum  on  the  Polls  and  Estates  as  aforesaid  within 
their  respective  Towns  &  shall  apportion  the  same  in  the 
proportions  at  which  such  Polls  &  Estates  shall  be  re- 
spectively set  for  raising  the  sum  of  Twenty  thousand  & 
Eight  pounds  seventeen  shillings  &  six  pence. 

And  be  it  further  enacted,  That  the  Treasurer  of  this 
Commonwealth  shall  send  his  warrant  to  the  Sherrif  of 
the  County  of  Lincoln  requiring  him  to  collect  the  sum 
by  this  act  assessed  on  the  Lands  belonging  to  the  Plym- 
outh company,  so  called,  and  shall  issue  his  warrant  to  the 
Sheriff  of  the  County  of  Hancock  requiring  him  to  col- 
lect the  sum,  which  by  this  act  is  directed  to  be  assessed 
on  the  Lands  lying  within  the  claims  of  the  Heirs,  and 
assigns  of  the  l&te  Brigadier  Waldo,  both  of  which  sums 
are  to  be  collected  in  the  same  manner  as  Constables,  or 
Collectors  are  authorized  and  directed  to  proceed  in  collect- 
ing the  Taxes  laid  on  non-resident  proprietors  of  unim- 
proved lands,  and  to  be  paid  into  the  Treasury  of  this 
Commonwealth  on  or  before  the  first  day  of  April  next. 

And  be  it  further  Enacted,  That  no  Order  shall  be  drawn 
by  the  Treasurer  of  this  Commonwealth  on  any  Constable, 
or  Collector  of  this  Tax  for  any  part  of  the  same. 

Approved  June  21,  1793. 

1793.  — Chapter  lO. 

[May  Session,  ch.  11.] 

AN  ACT  TO  INCORPORATE  THE  PARISH  OF  IPSWICH  HAMLET, 
SO  CALLED,  IN  THE  TOWN  OF  IPSWICH  IN  THE  COUNTY  OF 
ESSEX  WITH  CERTAIN  OTHER  INHABITANTS  AND  ESTATES, 
INTO  A  SEPERATE  TOWN  AND  PARISH  BY  THE '  NAME  OF 
HAMILTON. 

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  and  inhabitants  of  the  par-  Hamilton  in- 
ish  aforesaid  with  all  other  lands  &  inhabitants  within  the  •=°''p°'"'^''- 
following  limits  vizt.  Begining  at  Dodge's  stump,  so  called, 
where  Manchester  and  Wenham  lines  meet,  thence  run- 
ning westerly,  northerly,  and  easterly  by  Wenham  and 
Topsfield  lines  and  by  Ipswich  river  to  a  wall  about  ten 
chains  below  Barnabas  Dodge's  mills,  then  by  said  wall 


376  Acts,  1793.  —  Chapter  10. 

on  the  dividing  line  between  Colo.  Isaac  Smith's  &  Bar- 
nabas Dodge's  land  to  the  road,  thence  by  the  road  over 
pumpkin  meadow  causeway  to  the  northerly  and  easterly 
corner  of  Isaac  Adams's  land,  thence  southerly  on  the 
dividing  line  between  said  Adams's  and  Colo.  Smith's  land 
to  Isaac  &  Samuel  Appleton's  land,  thence  southerly  to 
the  northerly  and  easterly  corner  of  Thomas   Adams's 
land,   thence   southerly  &  easterly  on  the  dividing  line 
between    said   Appleton's    &   said   Adams's  land   to  the 
northerly  corner  of  Phillip  Brown's  land,  thence  southerly 
&  easterly  on  the  dividing  line  between  said  Appleton's 
&   Brown's    land    to   the    southwesterly   corner    of   said 
Appleton's   land,   thence   on  the   southerly  side   of  said 
Appleton's   land,   to  the  Brook  called   Long   Causeway 
Brook,  thence  easterly  by  said  Brook  to  Miles  river,  so 
called,  thence  southerly  and  easterly  by  said  Miles  river 
to  the  southwesterly  corner  of  Joseph  and  John  H.  Bow- 
man's land,  thence  southerly  and  westerly  on  the  dividing 
lines  between  Jacob  Annable's,  Samuel  Patch's  and  Jere- 
miah Kinsman's  land  to  said  Miles  river,  thence  by  said 
river  to  the  southwesterly  corner  of  William  Dodge's  land, 
thence  easterly  on  the  southern  side  of  said  Dodge's  land, 
to  the  road,  thence  northerly  by  the  road  to  the  northwest 
corner  of  Joseph  Roberts's  land,  thence  on  the  northern 
side  of  said  Roberts's  land  to  a  stake  and  stones  at  the 
wall  which  seperates  Chabacco  pasture,  from  south  eight, 
so  called,  thence  southerly  on  a  streight  line  by  the  said 
wall  to  George  Norton's  land,  thence  westerly  &  southerly 
on  the  northerly  and  westerly  sides  of  said  Norton's  and 
the  heirs  of  John  Burnham's  land  to  the  road,  thence  on 
the  dividing  line  between  Abner  Poland's  and  the  heirs  of 
David  Roberts's  land  to  Chabacco  pond,  thence  southerly 
to  the  winter  path  in  Maple  swamp,  and  by  the  said  path 
to  Burley's   point,  and  thence  by  the  range  of   lots  to 
Manchester  line,  thence  westerly  on  Manchester  line  to 
the  first  mentioned  bounds  be,  and  the  same  are  hereby 
incorporated  into  a  town   by  the   name   of  Hamilton  & 
invested  with  all  the  powers,  i)riviledges  and  immunities 
which  towns  in  this  Commonwealth  by  law  are  intitled  to 
enjoy,  except  that  the  parsonage  estate  belonging  to  the 
south  Parish  in  said  Ipswich  and  lying  in  said  town  of 
Hamilton  shall  forever  be  exempted  from  all  taxes  therein. 
5^to°B?ur'''      ^e  it  further  Unacted  by  the  Authority  aforesaid  that 
warrant.  Stephen  Choatc  Esqr.,  be  and  he  is  hereby  empowered 


Preamble. 


Acts,  1793.  —  Chapter  10.  377 

and  required  to  issue  his  Warrant  to  some  principal  in- 
habitant of  the  said  town  of  Hamilton  directing  him  to 
warn  the  inhabi[bi]tants  thereof  qualified  to  vote  in  town 
affairs  to  assemble  at  some  convenient  time  and  place  in 
said  town,  to  chuse  such  officers  as  towns  are  impowered 
to  chuse  at  their  annual  meeting  in  the  months  of  March 
or  April. 

And  whereas  (he  conditions  of  seperation  of  the  said 
toivn  of  Hamilton  from  the  town  of  Ipswich  following  have 
been  agreed  to  by  all  parties  concerned,  and  submitted  to 
this  Court  to  be  ratified  and  made  a  part  of  this  Act,  viz  ; 
That  the  town  of  Hamilton  shall  pay  to  the  town  of  Ipsrvich, 
as  a  consideration  for  beiiig  exempted  from  any  exjjence, 
on  account  of  any  jjoor  person  belonging  to  the  town  of 
Ipsivich  previous  to  this  seperation,  except  such  persons  as 
may  hereafter  be  7'eturned  as  paupers  from,  some  other 
town,  who  were  born  in,  or  were  formerly  inhabitants  of 
said  parish,  nine  hundred  &  fifty  pounds  lawful  money 
excepting  that  from  the  said  sum  there  shall  be  deducted 
the  amount  of  what  would  have  been  the  proportion  of  the 
assessment  of  the  said  sum  on  the  estates  and  lands  of 
Isaac  and  Samuel  Appleton,  Nathan  Dane  Usqr.,  William 
Dodge  and  Jeremiah  Kinsman  if  those  estates  and  lands 
had  remained  within  the  liiies  of  the  incorporation  as  orig- 
inally proposed;  and  it  is  understood  that  any  present  in- 
habitant of  said  Parish  who  has  received  only  partial 
supplies  from  the  town,  and  all  persons  noiv  inhabitants 
of  said  toivn  of  Hamilton  loho  have  not  as  yet  received 
any  suppoi't  from  the  toivn  of  Ipswich,  shall  hereafter  be 
considered  as  the  inhabitants  of  the  new  Incorporation  and 
there  to  be  provided  for  in  future  if  necessary :  And  the 
said  nine  hundred  and  fifty  jjoimds  after  such  deduction 
shall  be  paid  by  the  first  day  of  April  One  thousand  seven 
hundred  &  ninety  four  and  afterwards  interest  on  the  whole 
or  such  parts  as  shall  not  then  be  paid;  That  the  said  town 
of  Hamilton  pay  all  assessments  already  made  and  their 
proportion  of  all  debts  contracted  previous  to  the  said  sep- 
eration, and  also  that  the  State  tax  granted  viz,  June  Ses- 
sion seventeen  hundred  and  ninety  three  be  assessed  and 
collected  in  the  same  manner  as  if  this  incorporation  had 
not  taken  place;  and  if  the  provision  made  for  the  sup- 
port of  the  poor  be  not  sufficient  therefor,  untill  the  first  day 
of  April  seventeen  hundred  and  ninety  four,  the  said  toivn 
of  Hamilton  shall  pay  as  heretofore  their  proportion  of 


378 


Acts,  1793.  —  Chapter  11. 


InhabitaDts  of 
each  empowered 
to  direct  all 
aBBefismenta. 


This  act  to  be 
void  in  case. 


such  deficiency —  That  the  inhabitants  of  the  said  town  of 
Hamilton  shall  forever  enjoy  as  heretofore  the  priv Hedge 
of  improving  all  the  public  Docks,  Shores,  landings  and 
tvater  courses  ivithin  the  town  of  Ipswich  —  That  they 
shall  have  free  liberty  of  taking  sand  &  of  improving  the 
clam  banks  for  their  own  use  and  consumption  as  hereto- 
fore: All  personal  property  belonging  to  the  town  shall  be 
divided  by  a  Committee  chosen  by  the  toivn  and  Hamlet 
Parish  for  that  purpose,  in  such  man7ier  as  they  shall 
agree,  in  due  proportion  to  their  respective  capitals.  That 
the  net  proceeds  of  the  old  town  and  County  house  ichich 
may  belong  to  the  town,  if  [if]  any,  shall  be  appropriated 
towards  the  discharge  of  the  present  town  debt  —  That  the 
amount  of  the  debts  of  the  town  shall  be  ascertained  and 
determined,  on  or  before  the  first  day  of  September  seven- 
teen hundi'ed  &  ninety  four.  And  tohereas  the  sarne  con- 
ditions or  articles  of  agreement  appear  to  be  reasonable: 

Be  it  therefore  Enacted  by  the  authority  aforesaid  that 
the  same  be  and  they  hereby  are  declared  and  made  valid 
and  obligatory  on  the  said  two  towns  respectively ;  and 
the  inhabitants  of  each,  qualified  to  vote  in  town  affairs 
are  hereby  authorized  and  impowered  in  town  meeting  as- 
sembled to  direct  all  assessments  &  to  do  all  other  acts 
necessary  for  carrying  into  execution  all  the  said  terms 
conditions  and  articles  of  seperation  agreed  on  ratified  & 
established  as  aforesaid. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  in  case  the  said  town  of  Hamilton  shall  fail  to  pay  or 
to  secure  payment  by  bond  or  otherwise  to  said  town  of 
Ipswich  of  the  said  sum  of  nine  hundred  &  fifty  pounds 
deducting  therefrom  as  aforesaid  on  or  before  the  said 
first  day  of  April  seventeen  hundred  and  ninety  four,  then 
this  act  and  every  clause  and  article  therein  shall  be  void. 

Approved  June  21 ,  1 793. 


Preamble. 


1793.  — Chapter  11. 

[May  Session,  ch,  12.] 

AN  ACT  IN  ADDITION  TO  AN  ACT  ENTITLED  "  AN  ACT  FOR  DI- 
VIDING THE  COUNTY  OF  SUFFOLK  &  ESTABLISHING  A  NEW- 
COUNTY  BY  THE  NAME  OF  NORFOLK." 

Whereas  in  the  said  Act  no  provision  is  made  for  the 
choice  of  Grand  Jurors  to  serve  at  the  Court  of  General 
Sessions  of  the  Peace  in  the  several  Counties  of  Sufivlk  & 
Norfolk  the  present  year; 


Acts,  1793.  —  Chapter  12.  379 

Be  it  enacted  by  the  Senate  and  House  of  Represent- 
atives in  General  Court  assembled  and  by  the  authority 
of  the  same,  that  the  Clerks  of  the  Court  of  the  General  »""''  J"^°'^«- 
Sessions  of  the  Peace  in  the  said  Counties  be  and  hereby 
are  authorized  respectively  to  make  out  their  Warrants 
to  the  Constables  of  the  several  Towns  in  their  respective 
Counties  or  to  so  many  of  them  as  the  Court  shall  order 
requiring  them  severally  to  assemble  the  Freeholders  & 
Inhabitants  of  their  respective  Towns  qualified  to  vote  for 
Kepresentatives  to  choose  by  ballot  one  or  more  good  and  -^ow  chosen. 
lawful  man  or  men  in  each  Town  as  the  Court  shall  direct 
of  like  qualifications  and  of  good  moral  character  as  is 
alread}'  required  by  "  An  Act  regulating  the  appointment 
&  services  of  Grand  Jurors "  to  appear  at  the  Court  of 
General  Sessions  of  the  Peace  next  to  be  holden  within 
the  said  Counties  respectively  and  there  to  serve  on  the 
Grand  Jury  at  every  Court  of  General  Sessions  of  the 
Peace  throughout  the  remainder  of  the  present  year  and 
untill  another  Grand  Jury  shall  be  chosen  empanelled  and  li^ui  others  are 
sworn  in  their  room  &  the  Constables  shall  notify  the  per-  ^PPo^Dted. 
sons  so  chosen  four  days  before  the  sitting  of  the  Court, 
and  their  duty  shall  be  the  same  as  is  already  declared  & 
designated  in  the  before  mentioned  "Act  regulating  the 
appointment  &  services  of  Grand  Jurors." 

Approved  June  21,  1793. 

1793.  —  Chapter  12. 

[May  Session,  ch.  13.] 

AN  ACT  IN  ADDITION  TO  AN  ACT  ENTITLED  "AN  ACT  FOR  IN- 
CORPORATING JONATHAN  DAVIS  &  OTHERS  FOR  THE  PUR- 
POSE  OF  BUILDING  A  BRIDGE   OVER  NEW  MEADOW  RIVER." 

Whereas  in  said  Act  7io  provision  is  made  for  a  draw  to  preamble. 
be  built  and  kept  in  repair  in  said  Bridge,  and  it  being 
necessary  for  the  accommodation  of  the  Inhabitants  on  said 
River  to  pass  and  7'epass  above  and  below  said  Bridge ; 

Be  it  enacted  by  the  Senate  and  House  of  Represent- 
atives in  General  Court  assembled  &  by  the  Authority 
of  the  same  that  the  said  Jonathan  Davis  &  others  shall  2adl*°^^ 
make  a  good  and  sufficient  draw  of  at  least  twenty  five 
feet  wide  in  said  Bridge  for  Vessels  to  pass  and  repass 
through  said  Bridge.  And  the  said  Davis  &  others  shall 
keep  some  person  at  all  times  to  raise  said  draw  when  re- 
quired free  of  toll. 


380 


Acts,  1793.  —  Chapters  13,  14. 


Forfeiture  in 
case  of  neglect. 


A7id  be  it  further  enacted  by  the  Authority  aforesaid 
that  if  the  said  Davis  &  company  shall  build  the  Bridge 
aforesaid  without  such  good  and  sufficient  draw  they  shall 
be  liable  to  pay  the  sum  of  Ten  pounds  for  each  and  every 
Vessel  which  may  be  precluded  from  passing  said  Bridge 
for  want  of  such  draw  to  be  recovered  by  the  master  or 
owner  of  such  Vessel  in  any  Court  proper  to  try  the  same. 

Approved  June  21^  1793. 


Preamble. 


Fart  of  a 
former  Act 
altered. 


1793.  — Chapter  13. 

[May  Session,  eh.  14.] 

AN  ACT  FOR  ALTERING  AN  ACT  INTITLED  "AN  ACT  INCORPO- 
RATING THE  HONBLE.  JOHN  WORTHINGTON  ESQUIRE,  AND 
OTHERS,  THEREIN  NAMED  FOR  THE  PURPOSE  OF  RENDER- 
ING CONNECTICUT  RIVER  PASSABLE  FOR  BOATS  AND  OTHER 
THINGS  FROM  THE  MOUTH  OF  CHICAPEE  RIVER,  NORTH- 
WARD THROUGHOUT  THIS  COMMONWEALTH  BY  THE  NAME 
OF  THE  PROPRIETORS  OF  LOCKS  AND  CANALS  ON  CONNECT- 
ICUT RIVER." 

Wliereas  the  Proprietors  above  named  have  represented 
that  it  wiU  be  very  difficult  (if  practicable)  to  construct  the 
Canals  abovementioned  in  such  manner  as  to  convey  down 
the  same,  rafts  of  such  length  and  breadth  as  is  provided 
in  the  Act  abovementioned,  and  have  requested,  an  altera- 
tion thereof: 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Court  assembled  and  by  the  au- 
thority of  the  same  that  the  Proprietors  of  the  Locks  and 
Canals  in  Connecticut  River  shall  not  be  holden  or  obliged 
to  construct  the  Locks  and  Canals  in  the  said  River  in 
such  manner  that  Rafts  and  Floats  exceeding  sixteen  feet 
in  width  or  forty  feet  in  length  may  pass  down  the  same, 
any  thing  in  the  said  Act  to  the  contrary  notw^ithstanding. 

Approved  June  21 ,  1 793. 


Preamble. 


1793.  — Chapter  14. 

[May  Session,  ch..l.] 

AN  ACT  FOR  REGULATING  AND  GOVERNING  THE  MILITIA  OF 
THE  COMMONWEALTH  OF  MASSACHUSETTS,  &  FOR  REPEAL- 
ING ALL  LAWS  HERETOFORE  MADE  FOR  THAT  PURPOSE; 
EXCEPTING  AN  ACT  INTITLED  "  AN  ACT  FOR  ESTABLISHING 
RULES  &  ARTICLES  FOR  GOVERNING  THE  TROOPS  STATIONED 
IN  FORTS  AND  GARRISONS  WITHIN  THIS  COMMONWEALTH,  & 
ALSO  THE   MILITIA  WHEN    CALLED   INTO  ACTUAL  SERVICE." 

Whereas  the  laivsfor  regulating  <&  governing  the  Mili- 
tia of  this  Commonwealth  have  become  too  complicate  for 


Acts,  1793.  — Chapter  14.  381 

practical  use,  hy  reason  of  the  several  alterations  which 
have  from  time  to  time  been  made  therein; — Therefore 

Be  it  Enacted  by  the  Senate  &  House  of  Bejoresenta- 
tives  in  General  Court  assembled  &  by  the  authority  of 
the  same  that  the  several  laws  heretofore  made  for  govern-  Laws  repealed. 
ing  &  regulating  the  militia  be,  and  here])y  are  repealed, 
except  an  Act  intitled  "An  Act  for  establishing  rules 
and  articles  for  governing  the  troops  stationed  in  forts 
and  garrisons  within  this  Commonwealth  and  also  the 
militia  when  called  into  actual  service "  provided  never- 
theless that  all  officers  actually  in  commission,  agreea-  Proviao. 
bly  to  the  laws  which  are  hereby  repealed,  &,  in  grades 
which  are  established  by  this  Act  shall  continue  in  com- 
mission in  the  same  manner,  and  in  the  same  authority 
they  would,  in  case  the  said  laws  were  still  in  force ; 
and  all  actions  depending  in  any  Court  by  force  of  said 
laws  shall  and  may  be  prosecuted  to  final  judgment  and 
execution. 

And  be  it  enacted  by  the  authority  aforesaid  that  each  fnrouedinthe 
and  every  free,  able  bodied  white  male  citizen  of  this  or  Miiuia. 
any  other  of  the  United  States  residing  within  this  Com- 
monwealth who  is,  or  shall  be  of  the  age  of  eighteen  years 
&  under  the  age  of  forty  five  years  (except  as  is  herein 
after  excepted)  shall  severally  and  respectively  be  subject 
to  the  requisitions  of  this  act,  and  shall  be  enrolled  in  the 
militia  by  the  Captain  or  Commanding  Officer  of  the  Com- 
pany within  whose  bounds  such  citizen  shall  reside  within 
three  months  from  and  after  the  passing  this  act ;  And  it 
shall  be  at  all  times  hereafter  the  duty  of  the  commanding 
officer  of  every  such  company  to  enroll  every  such  citizen 
as  aforesaid ;  and  also  those  who  shall  from  time  to  time 
arrive  at  the  age  of  eighteen  years,  or  being  of  the  age 
of  eighteen  years,  and  under  the  age  of  forty  five  years, 
and  not  herein  after  excepted,  shall  come  to  reside  within 
his  bounds;  and  shall  without  delay  notify  such  citizen  to  be  notified. 
of  the  enrollment,  by  a  non-commissioned  Officer  or  other 
person  duly  authorized  for  that  purpose,  by  whom  such 
notice  may  be  proved ;  and  in  all  cases  of  doubt  respect- 
ing the  age  of  any  person  enrolled,  or  intended  to  be  en- 
rolled, the  party  questioned  shall  prove  his  age  to  the 
satisfaction  of  the  commanding  Officer  of  the  company 
within  whose  bounds  he  may  reside. 

And  be  it  further  enacted  by  the  aulhority  aforesaid, 
that  the  Vice  President  of  the  United  States,  members  of  Persons 

r^  /»  1        1      1  •   1        1      •  \'  r^m  exempted  from 

Congress  oi  both  houses  with  their  respective  Oincers,  training. 


382 


Acts,  1793.  —  Chapter  14. 


Arrangement 
of  the  Militia. 


Proviso. 


Lieutenant  Governor,  members  of  the  Council  Senate  & 
House  of  Representatives  with  their  Officers,  Secretary 
and  Treasurer  of  the  Commonwealth,  Officers  Judicial  & 
Executive  of  the  Government  of  the  United  States ;  Jus- 
tices of  the  Supreme  Judicial  Court,  Justices  of  the 
Courts  of  Common  Pleas,  Judges  of  Probate  Registers 
of  Probate,  County  Registers,  Justices  of  the  Peace, 
Sherifls,  Deputy  Sheriffs,  Coroners,  Constables,  Select- 
men, Ministers  of  the  Gospel,  Elders  and  Deacons  of 
Churches,  Church  Wardens  &  those  of  the  religious  de- 
nominations of  Quakers  &  Shakers,  Masters  of  Arts,  Offi- 
cers and  Students  at  any  College,  also  such  Physicians, 
Surgeons,  stated  School  Masters,  Ferrymen  &  Millers  as 
the  Selectmen  of  the  towns  to  which  they  shall  severally 
belong,  shall  by  a  writing  under  their  hands  signify  the 
expediency  of  exempting,  persons  who  have  by  commis- 
sion under  any  Government  or  Congress  or  by  election  in 
pursuance  of  the  orders  of  any  Congress  of  the  United 
States  or  either  of  them  held  the  office  of  a  subaltern  or 
office  of  higher  rank,  and  all  mariners  actually  employed 
in  any  sea  service  of  any  citizen  within  the  United  States 
in  any  vessel  of  more  than  thirty  tons  burthen,  Custom 
House  officers,  all  Post  officers.  Stage  drivers  actually 
employed  in  the  care  and  conveyance  of  the  mail,  and 
such  persons  as  did  attain  to  the  age  of  forty  years  before 
the  eighth  day  of  May  One  thousand  seven  hundred  and 
ninety  three,  &  also  all  such  Manufacturers  as  are  by  any 
special  law  of  the  Commonwealth  now  exempted,  shall 
be,  and  hereby  are  exempted  from  the  said  enrollment. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  GoA'^ernor  by  and  with  the  advice  of  the  Council 
be,  and  hereby  is  authorized  and  impowered  to  form  and 
arrange  the  militia  into  Divisions,  Brigades,  Regiments 
and  Companies  and  from  time  to  time  to  make  such  alter- 
ations therein  as  shall  be  necessary,  &  if  the  same  be  con- 
venient each  Brigade  shall  consist  of  four  Regiments,  each 
Regiment  of  ten  Companies,  and  each  Company  of  sixty 
four  effective  privates  :  Provided  notwithstanding  that  the 
present  arangement  of  the  militia  shall  continue  as  it 
now  is,  untill  the  Governor  with  the  advice  of  Council 
shall  otherwise  order ;  And  each  new  Division,  Brigade 
&  Reo;iment  shall  be  numbered  at  the  formation  thereof 
and  a  record  made  of  such  number  in  the  Adjutant  Gen- 
eral's   Office,  and  when  in  the  feild  or  in  service,  each 


Acts,  1793.  —  Chapter  14.  383 


Division,  Brigade  &  Regiment  shall  respectively  take  rank 
according  to  its  number. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  militia  shall  be  officered  as  follows ;  To  each  ^C"rin?the 
Division  one  Major  General  and  two  Aids  de  Camp  with  Miiitia. 
the  rank  of  Major ;  to  each  Brigade  one  Brigadier  Gen- 
eral with  one  Brigade  Inspector  to  serve  also  as  Bri- 
gade Major,  with  the  rank  of  Major ;  to  each  Regiment 
one  Colo,  one  Lieutenant  Colo.,  one  Major;  provided 
nevertheless  where  any  vacancy  of  Colonel  now  is  or 
shall  hereafter  happen,  then  the  field  Officers  of  each 
Regiment  to  consist  of  a  Lieutenant  Colonel  Comman- 
dant &  two  Majors ;  to  each  company  of  Infantry,  one 
Captain,  one  Lieutenant,  and  one  Ensign,  four  Serjeants, 
four  Corporals,  one  Drummer  one  fifer  or  Bugler :  That 
there  shall  be  a  Regimental  staff  to  consist  of  one 
Adjutant,  one  Quarter  Master,  to  rank  as  Lieutenants, 
one  Surgeon,  &  one  Surgeon's  mate  to  be  appointed  by 
the  Commanding  Officer  of  the  Regiment,  and  commis- 
sioned by  the  Governor,  one  Serjeant  Major,  one  Quarter 
Master  Serjeant,  one  Drum  Major  &  one  Fife  Major ; 
That  each  company  of  Artillery  shall  consist  of  one  Cap- 
tain two  Lieutenants  four  Serjeants,  four  Corporals,  six 
Gunners,  six  Bombadiers,  one  Drummer,  one  Fifer,  & 
thirty  two  privates  or  Matrosses  :  And  each  troop  of  Cav- 
alry shall,  consist  of  one  Captain,  two  Lieutenants  and 
one  Cornet,  four  Serjeants,  four  Corporals,  one  Saddler, 
one  Farrier,  one  Trumpeter  and  thirty  two  privates :  And 
there  shall  be  one  Adjutant  General,  &  one  Quarter  Mas- 
ter General  for  the  whole  militia  to  be  appointed  by  the 
Governor. 

And  be  it  further  Enacted  by  tlie  authority  afoi'esaid, 
that  each  and  every  Major  General  be,  &  hereby  is  im-  Major  General 
powered,  and  it  shall  be  his  duty  to  give  all  such  orders  e'^ctionolf  '° 
as  shall  from  time  to  time  be  necessary,  consistent  with  <^ffi*=^"- 
the  law,  for  electing  Brigadier  Generals,  Field  Officers, 
Captains  and  Subalterns,  in  Brigades,  Regiments  &  Com- 
panies within   his   respective   Division,  which  have  not 
been  already  commissioned  and  for  filling  up  vacancies  of 
such  Officers  or  any  of  them  where  they  now  are,  or  may 
hereafter  happen ;     Provided  allways,  that  whenever  a  Proviso, 
time  shall  be  appointed  for  the  election  of  any  Officer  or 
Officers,  the  electors  shall  have  ten  days  notice  thereof  at 
least ;  and  all  returns  of  elections  and  neglects  or  refusals 


384 


Acts,  1793.  —  Chapter  14. 


All  Officers  to 
Bubscribe  the 
oaths. 


Noncommis- 
Bioned  Officers, 
by  whom 
appointed. 


Resisinations  to 
be  given  in 
-writing. 


to  make  choice  of  Officers  shall  be  made  to  the  Governor 
by  the  Major  General,  in  whose  Division  the  election 
shall  be  ordered,  and  all  commissions  shall  pass  through 
the  hands  of  the  Major  Generals  to  the  Officers  in  their 
respective  Divisions  for  whom  they  shall  be  made  out ; 
and  every  person  who  shall  be  elected  to  any  Office  in  the 
said  militia,  and  shall  not  within  ten  days  after  he  shall 
have  been  notified  of  his  election  (excepting  a  Major 
General  who  shall  be  allowed  thirty  days  after  he  shall  be 
notified  by  the  Secretary  of  the  Commonwealth)  signify 
his  acceptance  thereof  shall  be  considered  as  declining  to 
serve  in  such  office  ;  and  orders  shall  be  forthwith  issued 
for  a  new  choice. 

And  be  it  further  enacted  hy  the  authority  aforesaid  that 
every  person  who  shall  be  lawfully  entitled  to  be  commis- 
sioned to  any  Office  in  the  militia  of  this  Commonwealth 
shall  at  the  time  of  receiving  his  Commission  take  and 
subscribe  the  oaths  and  declaration  required  by  the  Con- 
stitution, before  some  Justice  of  the  peace  or  some  Gen- 
eral or  Field  Officer,  who  shall  have  previously  taken  and 
subscribed  them  himself  and  who  are  hereby  authorized 
to  administer  the  same  ;  and  a  certificate  thereof  shall  be 
made  upon  the  back  of  every  Commission  by  the  Justice 
of  the  Peace,  or  General  or  Field  Officer,  before  whom 
the  said  oaths  and  declaration  shall  have  been  taken  and 
subscribed. 

And  he  it  further  enacted  hy  the  authority  aforesaid^ 
that  the  commanding  officers  of  Regiments  shall  appoint 
the  noncommissioned  stafi"  officers  of  their  respective  Reg- 
iments — The  Commanding  Officers  of  Companies  shall  ap- 
point the  noncommissioned  Officers,  including  the  Clerks, 
of  the  respective  Companies  —  All  noncommissioned  staff 
officers  and  Serjeants  shall  receive  Warrants  under  the 
hand  of  the  commanding  Officer  of  their  respective  Regi- 
ments or  corps — And  the  Adjutant  shall  keep  a  record 
in  a  suitable  book  to  be  kept  for  that  purpose,  of  all  War- 
rants which  shall  be  issued,  &  no  noncommissioned  officer 
shall  be  deemed  to  have  resigned  his  office  until  I  he  shall 
have  done  it  in  writing  to  the  commanding  Officer  of  the 
Regiment  or  Corps  to  which  he  belonged,  and  shall  have 
obtained  his  discharge  also  in  writing  from  such  Com- 
manding Officer  —  And  no  noncommissioned  officer  or 
private  shall  ])e  disenrolled  from  the  militia  for  disability, 
without  a  certificate  from  the  Regimental  Surgeon  &  mate. 


Acts,  1793.  —  Chapter  14.  385 


A7id  be  it  further  enacted  by  the  authori[zed']  [ty]  afore- 
said that  every  Company  .shall  have  a  Clerk,  who  shall  be  cierks  to  bo 
also  one  of  the  Serjeants,  and  he  shall  be  sworn  to  the  faith-  ''^^'' 
ful  discharge  of  his  trust,  and  it  shall  be  his  duty  always  —Their duty, 
to  keep  a  fair  and  exact  roll  of  the  Company  together  with 
the  state  of  the  arms  and  equipments  belonging  to  each 
man,  which  Roll  he  shall  annually  revise  and  [^peifecf]  in 
the  month  of  May  as  is  hereinafter  directed ;  to  Register 
all  orders  &  proceedings  of  the  Company  in  an  orderly 
book  which  shall  never  be  alienated  from  the  Company ; 
to  keep  exact  details  of  all  detachments ;  to  call  the  roll 
whenever   the    Company    is   assembled ;  to  examine  the 
equipments  when  thereto  required  and  to  note  all  delin- 
quencies ;  to  sue  for,  recover  and  receive  all  fines  &  for-  -empowered 

7  .  •  .  •  to  sue. 

feitures  which  are  required  by  this  Act  to  be  recovered, 
one  half  to  his  own  use  for  his  trouble,  and  the  other  half 
to  be  paid  to  the  Commanding  Officer  of  the  Company  in 
trust  for  the  use  of  the  company  to  which  he  belongs,  ex- 
cepting such  cases  wherein  other  provision  is  made  by 
this  act  for  the  recovery  and  appropriation  of  fines  and  Appropriations, 
forfeitures. 

Provided  nevertheless  that  all  commissioned  Officers  now  Provuo. 
in  command  in  the  militia  in  any  grade  not  established  by 
this  Act  shall  be  continued  in   their  command  and  the 
Clerks  of  companies  now  in  office  shall  be  continu  d  in 
such  office. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  whenever  a  company  shall  have  neither  commissioned  ^oned  officers 
Officers  nor  noncommissioned  Officers  the  Commanding  appointed  in 
officer  of  the  Regiment  or  Battalion  to  which  such  com- 
pany belongs  shall  appoint  suitable  persons  within  said 
company  to  be  noncommissioned  Officers  cS;  Clerk  of  the 
same,  and  such  noncommissioned  officers  and  Clerk  so 
appointed  shall  be  authorized  in  the  same  manner  and 
have  the  same  power  and  authority  as  if  they  had  been 
appointed  by  a  Captain  duly  qualified  to  command  said 
company. 

And  be  it  farther  enacted  by  the  authority  aforesaid, 
that  no  Officer  of  the  Militia  shall  be  discharged  except-  Prohibitions. 
ing  by  the  Commander  in  chief  on  the  request  of  such 
Officer  in  writing,  or  by  the  Commander  in  chief  on  the 
address  of  both  Houses  of  the  Legislature  ;  or  by  being 
disbanded  by  a  law  of  the  Commonwealth,  or  by  a  judg- 
ment of  a  Court  Martial ;  or  by  actual  removal  (the  Major 


386 


Acts,  1793.  —  Chapter  14. 


Cavalry 
organized. 


Provisos. 


Officers  and 
men  to  furnisti 
ttieraselves 
complete  with 
horses  and 
every  other 
equipment. 


General  to  be  judge  whether  the  distance  is  so  great  that 
he  cannot  conveniently  discharge  the  duties  of  his  Office  ; ) 
or  by  twelve  months  absence  without  leave  of  such  Officer 
from  the  district  of  his  Command :  And  no  Officer  shall 
consider  himself  exempted  from  the  duties  of  his  station 
untill  he  shall  have  been  discharged  in  one  or  other  of  the 
methods  aforesaid ;  and  if  by  the  Commander  in  chief, 
not  untill  he  shall  have  received  a  Certificate  of  such  dis- 
charge :  No  Officer  shall  be  allowed  to  resign  his  Com- 
mission when  under  arrest ;  and  no  General  or  Field 
Officer  shall  approve  the  resignation  of  any  other  Officer, 
untill  such  Officer  shall  have  lodged  in  his  hands  all  such 
Militia  Laws  and  orderly  books  as  he  shall  have  been  fur- 
nished with  by  the  Government ;  and  such  General  or 
Field  Officer  shall  deliver  the  Laws  and  orderly  books 
which  he  shall  thus  have  received  to  the  next  succeed- 
ing Officer  who  shall  be  commissioned  in  the  place  of  him 
who  shall  have  resigned. 

And  be  it  further  enacted  hy  the  authority  aforesaid 
that  the  Governor  with  the  advice  of  Council  be  and 
hereby  is  authorized  to  compleat  the  Cavalry  in  each  Bri- 
gade of  the  Militia  to  two  full  Companies  or  troops  ;  and 
the  Cavalry  in  each  Brigade,  when  compleated,  shall  be 
formed  into  Battallions  or  Squadrons  —  in  those  Brigades 
where  there  are  or  may  l)e  two  or  three  Troops  they  shall 
form  Squadrons,  and  each  squadron  shall  be  commanded 
by  a  Major ;  in  those  Brigades  where  there  are  already 
more  than  three  Troops  they  shall  form  Battallions  ;  and 
each  Battallion  shall  be  entitled  to  a  Lieutenant  Colonel, 
Major,  Adjutant  and  Quarter  Master  —  Provided  ahv ays 
that  in  those  Brigades  w^iere  there  are  already  two  troops 
raised  they,  shall  not  be  augmented  ;  and  in  those  Brigades 
where  there  are  already  more  than  two  Troops,  they  shall 
not  be  reduced.  Provided  also  that  the  Companies  of 
Cavalry  which  are  by  any  former  Act  annexed  to  any 
Regiment,  shall  continue  to  be  so  attached  to  such  Regi- 
ment in  which  it  is  raised  ;  The  Officers  of  Cavalry  shall 
furnish  themselves  with  good  Horses  at  least  fourteen 
hands  and  a  half  high  and  shall  be  armed  with  a  pair  of 
Pistols  and  Sword  ;  the  holsters  of  which  shall  be  covered 
with  Bearskin  Caps  ;  each  Horseman  shall  furnish  himself 
with  a  serviceable  Horse  of  at  least  fourteen  hands  and  a 
half  high,  a  good  Sadie,  Bridle,  mail  Pilion  and  Valise 
Holsters,  a  Breast  Plate  and  Cruper,  a  pair  of  Boots  and 


Acts,  1793.  —  Chapter  14.  387 

SpuiTS,  a  pair  of  Pistols,  a  Sabre  and  Cartridge  Box  to 
contain  twelve  cartridges  for  Pistols.  No  man  shall  be 
inlisted  into  any  troop  of  Cavalry  unless  he  shall  own  and 
constantly  keep  a  suitable  Horse  and  furniture  for  that 
service  ;  and  if  any  man  who  shall  belong  to  any  troop 
of  Cavalry  shall  be  destitute  of  a  suitable  Horse  and  fur- 
niture for  more  than  three  months  at  one  time,  he  shall 
be  discharged  from  such  Corps  and  enrolled  in  the  stand- 
ing Company  in  which  he  resides.  And  whenever  any 
draft  or  detachment  shall  be  made  from  a  trot)p  of  Cavahy 
for  actual  service,  the  men  thus  drafted  or  detached,  shall 
march  with  their  own  Horses  and  before  they  march,  the 
Horses  shall  be  appraised  by  three  indifterent  men  to  be 
appointed  by  the  Brigadier  of  the  Brigade  from  which 
such  detachment  shall  be  made. 

And  be  it  further  enacted  by  the  authoritii  aforesaid  that  Artiuery 
the  Governor  with  the  advice  of  Council  be  and  hereby  is 
authorized  to  compleate  the  Artillery  in  each  Brigade  of 
the  Militia  to  two  full  Companies,  and  when  thus  com- 
pleated  shall  form  a  Battallion  in  each  Brigade,  and  be 
entitled  to  a  Major,  Adjutant  &  Quarter  Master.  Pro-  Proviso. 
vided  nevertheless,  that  in  those  Brigades  where  there  are 
already  two  Companies  raised,  they  shall  not  be  aug- 
mented ;  and  in  those  Brigades  where  there  are  already 
more  than  two  Companies,  they  shall  not  be  reduced. 
And  each  Company  of  Artillery  shall  be  provided  with  —}°}^yi°- 

_,^,*'  '    ^     r-\  '  14  vided  with  com- 

two  good  held  pieces  with  Carriages  and  Apparatus  com-  piete  apparatus 
pleat,  an  Ammunition  Cart,  forty  round  Shott,  and  forty 
rounds  of  Cannister  Shott.  The  Governor  shall  order  to 
be  issued  to  each  Company  of  Artillery  annually  a  quan- 
tity of  Powder  not  exceeding  One  hundred  pounds  which 
shall  be  expended  on  General  Muster  days  and  in  experi- 
mental Gunnery.  And  the  Quarter  Master  General  shall  generl'i^"''^'" 
provide  for  and  supply  the  Artillery  Companies  with  all  ^g°|*^  ^*i"'P" 
the  Carriages,  Tumbrils,  harness  apparatus,  implements, 
larboratory,  and  Ordnance  Stores,  which  may  from  time  to 
time  be  necessary  for  their  equipment.  The  Officers  of 
Artillery  shall  be  armed  with  a  Sword,  a  hanger,  a  fuzee. 
Bayonet,  and  Belt  with  a  Cartridge  Box  to  contain  twelve 
Cartridges ;  and  each  non-commissioned  Officer  and  Pri- 
vate or  Matross,  of  those  Companies  which  are  unprovided 
with  field  pieces,  shall  furnish  himself  with  all  the  equip- 
ments of  a  Private  in  the  Infantry,  untill  proper  Ordnance 
and  Field  Arttillery  is  provided.     And  the  Commanding 


388 


Acts,  1793.  —  Chapter  14. 


Commanding 
Officers  to  be 
accountable. 


Artillery  and 
cavalry  to  be 
formed  of 
volunteers. 


Light  Infantry 
companies. 


Penalty. 


No  corps  to  be 
raised  at  large 
which  will  re- 
duce standing 
companies  to 
a  limited  num- 
ber. 


—  to  be  deemed 
disbanded  in 
case. 


Officers  of  each  Company  of  Artillery  shall  be  accountable 
for  the  careful  preservation  of  the  pieces  and  Apparatus, 
and  the  proper  expenditure  of  the  Ammunition  supplied 
by  Government.  Each  Company  of  Artillery  and  Troop 
of  Cavalry  shall  be  formed  of  volunteers  from  the  Brigade, 
and  together  they  shall  not  exceed  in  number  one  eleventh 
part  of  the  Infantry  of  such  Brigade ;  and  they  shall  be 
uniformly  clothed  in  Regimentals  to  be  furnished  at  their 
own  expence. 

And  be  it  further  enacted  hy  the  authority  aforesaid, 
that  at  all  Regimental  Musters,  the  Companies  Com- 
manded by  the  two  eldest  Captains  shall  act  as  light 
Infantry  Companies,  except  where  Light  Infantry  Com- 
panies have  already  been  raised  by  voluntary  enlistment, 
and  one  or  more  shall  be  attached  to  such  Regiment. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  if  any  Non-commissioned  Officer  or  private  of  Cavalry, 
Artillery,  Light  Infantry  or  other  corps  raised  at  large 
shall  neglect  for  the  term  of  three  months  to  keep  himself 
provided  with  an  uniform  of  the  company  to  which  he  be- 
longs as  is  directed  by  this  act,  he  shall  be  discharged 
from  such  corps,  by  the  Brigadier  commanding  the  Bri- 
gade, and  enrolled  in  the  standing  company  in  which  he 
resides.  And  no  company  of  Cavalry,  Artillery,  Light 
Infantry,  or  other  Corps  which  it  may  be  lawful  to  raise 
at  large,  shall  be  raised  within  this  Commonwealth,  when 
any  of  the  standing  companies  will  be  reduced  thereby  to 
a  less  number  than  sixty  four  effective  privates ;  &  no 
Officer  of  any  such  corps  shall  inlist  any  men  belonging 
to  a  standing  company  for  the  purpose  of  forming  or  re- 
cruiting such  corps  raised  at  large,  when  by  means 
thereof,  such  standing  company  would  be  reduced  to  a 
less  number  than  sixty  four  effective  privates  —  And  if 
any  such  corps  raised  at  large  shall  at  any  time  be  desti- 
tute of  commissioned  officers,  &  shall  neglect  to  fill  up 
such  vacancies  for  one  whole  year  after  being  ordered  to 
elect  them,  or  if  any  such  corps  shall  be  reduced  under 
twenty  privates  &  remain  in  that  situation  for  one  whole 
year  w^ithout  doing  duty  as  the  Law  directs;  then  in 
either  case  as  aforesaid  such  corps  raised  at  large  shall  be 
deemed  disbanded ;  &  the  men  which  belonged  to  such 
delinquent  Corps,  shall  be  enrolled  in  the  standing  com- 
pany in  which  the  individuals  thereof  shall  respectively 
reside;  And  no  such  Corps  raised  at  large,  shall  at  any 


Acts,  1793.  — Chapter  14.  389 

time  bear  a  greater  number  of  men  on  their  rolls,  than  the  -  not  to  coneiBt 
Law  allows  necessary  to  constitute  them ;  and  the  com-  numbert'han 
manding  officer  of  every  such  corps  shall  annually  in  the  'eg»"y  »"o^ed. 
month  of  April,  make  out  a  list  of  all  the  mens  names  be- 
longing to  his  corps,  &  deliver  the  same  to  the  command- 
ino-  officer  of  the  Reojiment  or  Battalion  in  whose  District 
such  Corps   is  or  may  be  raised  ;  —  and  all  such  Corps 
raised  at  large  not  annexed  to  any  particular  Regiment 
shall  be  subject  to  the  orders  of  the  Commanding  Officer 
of  the  Brigade  in  which  they  shall  respectively  be  raised, 
&  shall  make  their  Elections  &  returns  in  the  same  man- 
ner as  other  Corps  of  the  Militia. 

And   whereas  the  Military  Company  in  Boston,  com-  Ancient  and 
monly    called    the     "Ancient    &    Honorable    Artillery  Anlue^ry'' 
Company "  being  by  ancient  Charter,    custom   &  usage  Company. 
exempted  from  the  general  regulations    of  the    Militia, 
therefore 

Be  it  farthei'  Enacted  by  the  authority  aforesaid,  that  -to retain 
the  said  Company  called  the  "Ancient  &  Honorable 
Company  of  Artillery  "  shall  retain  its  accustomed  privi- 
leges, not  being  incompatible  with  the  Constitution,  but 
shall  be  subject  to  all  other  duties  required  by  this  Act, 
in  like  manner  as  other  Companies  of  Militia. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  every  Commissioned  Officer  of  Infantry  whose  duty  officers,  how 
shall  require  him  to  serve  on  foot,  shall  be  armed  with  a  anduniformed. 
Sword  &  an  Espontoon  ;  &  every  Officer  whose  duty  re- 
quires him  to  be  mounted,  shall  be  armed  with  a  Sword  & 
pair  of  Pistols  ;  —  And  the  Uniform  in  every  instance  re- 
quired by  this  Act  shall  be  a  dark  blue  cloth  coat,  of  such 
fashion  &  with  such  facings  &  under-cloaths  as  the  Major 
Generals  or  Brigadiers  shall  direct  within  their  several 
commands. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  every  Non- Commissioned  Officer  &  private  of  the  In-  Necessary 
fantry  shall  constantly  keep  himself  provided  with  a  good  equ^pme^nt. 
Musquet,  with  an  iron  or  steel  rod  ;  a  sufficient  bayonet  & 
belt,  — two  spare  flints,  "a  priming  wire  &  brush  &  a  knap- 
sack ;  —  a  cartridge  box  or  pouch  with  a  box  therein  to 
contain  not  less  than  twenty  four  cartridges  suited  to  the 
bore  of  his  Musquet ;  —  each  cartridge  to  contain  a  proper 
quantity  of  powder  &  ball,  or  with  a  good  rifle,  knapsack, 
shott-pouch,  powder  horn,  twenty  balls  suited  to  the  bore 
of  his  rifle,  &  a  quarter  of  a  pound  of  Powder  —  And  shall 


390 


Acts,  1793.  —  Chapter  14. 


Proviso. 


Arms  &c.  to  be 
exempted  from 

suits. 


Fine  for 
neglect. 


Parents  and 
masters  to  equip 
their  children  & 
servants. 


Persons  unable 
to  equip  them- 
selves to  be  fur- 
nished arms 
&c  by  the 
town. 


Penalty,  in  case. 


appear  so  armed,  accoutred  &  provided  whenever  called 
out,  except  that  when  called  out  to  exercise  only,  he 
may  appear  without  a  knapsack  &  without  cartridges 
loaded  with  ball ;  provided  ohvays,  that  whenever  a  man 
appears  armed  with  a  musquet,  all  his  equipments  shall  be 
suited  to  his  musquet ;  &  whenever  a  man  appears  armed 
with  a  rifle  all  his  equipments  shall  be  suited  to  his  rifle 
—  And  that  from  and  after  Ave  years  from  the  passing  of 
this  Act,  all  Musquets  for  arming  the  Militia  as  herein  re- 
quired shall  be  of  bores  sufficient  for  balls  of  the  eigh- 
teenth part  of  a  pound.  And  every  Citizen  enrolled  and 
providing  himself  with  the  Arms,  Ammunition  and  Accou- 
trements required  as  aforesaid  shall  hold  the  same  exempted 
from  all  suits,  distresses,  executions,  or  sales  for  debt  or 
for  payment  of  Taxes. 

And  be  it  further  enacted  by  the  authority  aforesaid^ 
that  every  non-commissioned  Officer  or  private  of  the 
Infantry  who  shall  neglect  to  keep  himself  armed  and 
equipped  as  aforesaid,  or  who  shall  on  a  Muster  day,  or 
at  any  other  time  of  examination ,  be  destitute  of,  or  ap- 
pear unprovided  with,  the  Arms  and  Equipments  herein 
directed  (except  as  before  excepted)  shall  pay  a  fine  not 
exceeding  twenty  shillings  in  proportion  to  the  Articles 
of  which  he  shall  be  deficient,  at"  the  discretion  of  the 
Justice  of  the  Peace  before  whom  trial  shall  be  had.  And 
all  Parents,  Masters  and  Guardians  shall  furnish  those  of 
the  said  Militia  who  shall  be  under  their  care  and  com- 
mand, with  the  Arms  and  Equipments  aforementioned, 
under  the  like  penalties  for  any  neglect.  And  whenever 
the  selectmen  of  any  Town  shall  judge  any  Inhabitant 
thereof,  belonging  to  the  Militia,  unable  to  Arm  and  equip 
himself  in  manner  as  aforesaid,  they  shall  at  the  expence 
of  the  Town  provide  for  and  furnish  such  iiihal)itant  with 
the  aforesaid  Arms  and  equipments  which  shall  remain  the 
property  of  the  Town  at  the  expence  of  which  they  shall 
be  provided ;  and  if  any  Soldier  shall  embezzel  or  destroy 
the  Arms  and  Equipments  with  which  he  shall  be  so  fur- 
nished, he  shall,  upon  conviction  before  some  Justice  of 
the  Peace,  be  adjudged  to  replace  the  Article  or  Articles 
which  shall  be  by  him  so  embezzeled  or  destroyed,  and  to 
pay  the  cost  arising  from  the  process  against  him  ;  And  if 
he  shall  not  perform  the  same  Avithin  fourteen  days  after 
such  adjudication,  it  shall  be  in  the  power  of  the  Select- 
men of  the  Town  to  which  he  shall  belong,  to  bind  him 


Acts,  1793.  —  Chapter  14.  391 

out  to  service  or  labour,  for  such  term  of  time  as  shall,  in 
the  discretion  of  the  said  Justice,  be  sufficient  to  procure 
a  sum  of  money  equal  to  the  value  of  the  Article  or  Ar- 
ticles so  embezzeled  or  destroyed,  and  pay  cost  arising 
as  aforesaid. 

And  be  it  further  enacted  by  the  authority  aforesaid^ 
that  every  person  liable  to  do  military  duty,  who  being  Penalty  for  not 
duly  warned  shall  refuse,  or  neglect  to  appear  at  the  time,  m^ugter'dfyJ! 
and  place  appointed,  armed,  and  equipped  as  by  this  act  is 
directed  for  any  muster,  training,  view  of  Arms,  or  other 
military  duty,  shall  pay  as  a  fine  for  such  default  the  sum 
of  ten  shillings  —  And  every  person  who  shall  appear  at 
any  muster  with  his  arms  in  an  unfit  condition  shall  pay 
a  fine  of  three  shillings  for  each,  and  every  such  default  — 
provided  nevertheless,  it  shall  be  lawf'uU  for  the  command-  Proviso, 
ing  officer  of  a  company  at  any  time  within  eight  days 
after  any  muster,  training  view  of  Arms,  or  other  duty, 
to  excuse  any  person  for  non-appearance,  on  the  delin- 
quent's producing  to  him  satisfactory  evidence  of  his  ina- 
bility to  appear  as  aforesaid  ;  and  the  commanding  officer 
of  the  company  shall  certify  the  same  to  the  clerk  within 
the  time  above  mentioned,  and  the  clerk  shall  not  there- 
after commence  any  prosecution  against  such  delinquent 
for  his  fine  for  non-apperance  as  aforesaid  — 

And  be  it  further  enacted  by  the  Authority  aforesaid, 
that  whenever  the  commanding  officer  of  a  company  shall  cierk  to  notify. 
think  proper  to  call  his  company  together,  or  shall  be 
ordered  by  his  superiour  officer  to  do  it,  he  shall  issue  his 
orders  therefor  to  one,  or  more  of  the  non  commissioned 
officers,  if  there  be  any,  if  not,  to  one,  or  more  of  the  pri- 
vates belonging  to  his  company,  directing  him,  or  them 
to  notify,  and  warn,  the  said  company  to  appear  at  such 
time  and  place  as  shall  be  appointed  —  and  every  such 
person,  or  persons,  who  shall  receive  such  orders,  shall 
give  notice  of  the  time,  and  place  appointed  for  assem- 
bling said  company  to  each,  and  every  person,  he  or  they 
shall  be  so  ordered  to  warn,  either  by  verbal  information, 
or  by  leaving  a  written,  or  printed  notification  thereof  at 
the  usual  place  of  abode  of  the  person  thus  to  be  notified, 
and  warned;  and  no  notice  shall  be  deemed  legal  for  Manner  of 
musters  for  the  purpose  of  common,  and  ordinary  train-  """fixation, 
ings,  unless  it  shall  be  given  four  days  at  least  previous 
to  the  time  appointed  therefor  ;  but  in  case  of  invasion, 
insurrection,  or  other  emergency,  any  time  specified  in 


392 


Acts,  1793.  —  Chapter  14. 


Penalty. 


Companies 
destitute  of 
commissioned 
Officers,  how 
warned. 


Proviso. 


Penalty  for 

disorderly 

behaviour. 


Fines,  how 
recovered. 


the  orders  shall  be  considered  as  legal, — and  every  non 
commissioned  officer,  or  other  person,  who  shall  neglect 
to  give  the  said  notice,  and  warning  when  ordered  thereto 
by  the  commanding  officer  of  the  company,  to  which  he 
belongs,  shall  for  such  oflence  forfeit,  and  pay  as  a  fine  a 
sum  not  exceeding  forty  shillings,  nor  less  than  twelve 
shillings  at  the  discretion  of  the  justice  of  the  peace  before 
whom  trial  shall  be  had  :  And  the  testimony  of  any  per- 
son under  Oath  who  shall  have  received  orders  agreeable 
to  Law  for  notifying  and  warning  any  company,  or  part 
thereof,  to  appear  at  a  time  and  place  appointed  for  any 
muster,  view  of  arms,  or  other  military  duty  shall  be 
sufficient  to  prove  due  notice  was  given  to  the  party 
against  whom  complaint  may  be  made,  unless  such  testi- 
mony shall  be  invalidated  by  other  sufficient  evidence. 
And  whenever  a  company  shall  be  destitute  of  commis- 
sioned officers  and  the  commanding  officer  of  the  Regi- 
ment, or  Battalion,  to  which  such  company  belongs  shall 
think  proper  to  call  out  such  company,  he  shall  direct  his 
orders  to  one,  or  more  of  the  non-commissioned  officers 
of  said  company,  who  shall  have  full  power  and  authority 
to  warn,  assemble,  lead,  order,  exercise,  and  govern  said 
company,  conformably  to  the  orders  which  he  or  they 
shall  thus  receive  from  their  superiour  officer  for  that 
purpose.  Pi'ovided  alivays,  when  in  Regiment  or  Bat- 
talion, it  shall  be  lawfull  for  the  commanding  Officer 
present  to  order  a  commissioned  officer  to  command  such 
company,  while  acting  in  conjunction  with  other  corps  — 

And  be  it  further  enacted  by  the  authority  aforesaid,  that 
every  non-commissioned  officer,  and  private  of  the  militia, 
who  shall  be  disorderly,  or  disobedient,  or  guilty  of  un- 
military  conduct,  on  a  muster,  or  training  day,  or  at  any 
other  time  when  on  duty,  shall  be  confined  during  the 
time  of  said  muster,  or  training  at  the  discretion  of  his 
officers,  and  shall  pay  a  fine  not  exceeding  forty  shillings, 
nor  less  than  twelve  shillings  at  the  discretion  of  the 
Justice  of  the  peace  to  whom  complaint  shall  be  made. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  whenever  any  non-commissioned  officer,  or  private  in 
the  militia,  shall  forfeit  any  sum  of  Money  set,  and  affixed 
to  any  default,  or  offence  by  this  act  of  the  sum  of  four 
pounds,  or  under,  the  same  shall  be  recovered  in  the  man- 
ner following ;  that  is  to  say ;  The  Clerk  of  the  company 
to  which  the  oflender  belongs  shall,  after  the  expiration 


summoDB. 


Acts,  1793.  —  Chaptek  14.  393 

of  eight  days,  and  within  sixty  days  after  the  offence  shall 
have  been  committed,  make  complaint  thereof,  and  of  all 
matters  of  substance,  and  material  circumstances  attend- 
ing the  same  to  some  justice  of  the  Peace  in  the  County, 
where  such  offender  shall  live,  who  shall  make  record 
thereof,  and  shall  issue  a  summons  to  the  party  com- 
plained of,  to  be  served  seven  days  at  least,  before  the 
time  appointed  for  the  trial  in  the  form  following,  mutatis 
mutandis  — 

ss. 

[l.  s.]         To  the   Sherrif  of  the   said   County,  or  his 
Deputy,  or  either  of  the  Constables  of  the  Town  of 
within  the  same  County  greeting  — 

In  the  name  of  the  Commonwealth  of  Massachusetts  Form  of  the 
you  are  hereby  required  to  summon  C.  D.  of         in  the 
county  of         to  appear  before  me  E.  F  one  of  the  justices 
of  the  Peace  for  the  County  aforesaid,   at         in         on 

the  day  of  at  of  the  Clock  in  the 
noon  ;  then  and  there  to  shew  cause,  if  any  he  has,  why  a 
warrant  of  distress  shall  not  issue  against  him  [Here  in- 
sert the  complaint]  Hereof  fail  not,  and  make  due  return 
of  this  writ  and  of  your  doings  therein  unto  myself  at,  or 
before  the  said         day  of 

Dated  at  aforesaid  the  day  of  in  the  year  of 
our  Lord 

E.  F.  Justice  of  the  Peace. 

And  when  the  said  party  shall  by  himself,  or  his  attor- 
ney appear  accordingly,  he  may  plead  the  General  Issue, 
and  give  any  special  matter  in  Evidence  ;  and  if  the  said 
party  shall  make  default,  or  if  Judgment  shall  be  given 
against  him,  and  he  shall  neglect  for  four  days  thereafter, 
to  satisfy  the  same  with  legal  costs,  then  the  Justice  of 
the  Peace  before  whom  trial  shall  be  had,  shall  issue  his 
warrant  of  distress  under  his  hand  and  seal  in  the  form 
following 


ss. 


[seal.]  To  the  Sherrif  of  the  said  County,  or  his 
Deputy  or  any  or  either  of  the  Constables  of  the  Town 
of         within  the  same  County greeting  -• — 

Whereas  C.  D.  of         upon  the         day  of         being  a  Form  of  the 
private  soldier  in  the  train  Imnd  (as  the  case  may  be)  of  distrers." 
the  Company  of  foot  commanded  by  in  the  Regiment 

of  militia  in  the  said  County  of        commanded  by 


394  Acts,  1793.  —  Chapter  14. 

was  duly  notified  to  appear  upon  the  day  of  in  tlie 
town  of  in  the  County  aforesaid  with  his  Arms,  and 
equipments  as  the  law  of  this  Commonwealth  directs  ;  and 
the  said  C  D  in  violation  of  the  said  Law,  did  unnecessa- 
rily neglect  to  appear  (or  did  not  appear  armed,  and 
equipped  as  the  case  may  be)  whereby  he  hath  forfeited, 
and  ought  to  pay  the  sum  of  shillings  to  the  uses 
directed  by  Law :  and  the  said  CD.  having  been  duly 
summoned  to  appear  before  me  E.  F.  one  of  the  Justices 
of  the  Peace  for  the  County  aforesaid,  to  shew  cause,  if 
any  he  had,  why  a  warrant  of  distress  should  not  l)e 
issued  for  the  same  Sum  did  not  appear  (or  appearing, 
did  not  shew  sufficient  cause  why  the  same  warrant  should 
not  be  issued,  as  the  case  may  be,)  In  the  name  of  the 
Commonwealth  of  Massachusetts,  you  are  therefore  com- 
manded forthwith,  of  the  Goods,  or  chattels  of  the  said 
C.  D  within  your  precinct  to  levy  by  distress  and  sale 
thereof  the  aforesaid  Sum  of  shillings  with  for 
charges  of  suit  being  in  the  whole  the  Sum  of  and  to 
pay  the  same  to  Clerk  of  the  aforesaid  Company,  and 
also  of  the  Goods,  Chattels  of  the  said  C.  D  to  levy 
for  this  Writ  together  with  your  own  fees,  and  for  want 
of  such  goods  or  chattels  of  the  said  C  D  to  be  by  him 
shewn  to  you,  or  found  within  your  Precinct,  you  are 
comanded  to  take  the  Body  of  the  said  C  D.  and  him 
committ  to  the  Common  Goal  in  in  the  County  afore- 
said ;  and  the  Keeper  thereof  is  hereby  commanded  to 
receive  the  said  C  D  into  the  said  Goal,  and  him  safely 
keep,  untill  he  shall  pay  the  sum  aforesaid  together  with 
legal  fees  and  costs,  or  untill  he  shall  be  otherwise  dis- 
charged by  order  of  Law  ;  and  you  are  to  make  return  of 
this  warrant  with  your  doings  therein  unto  myself,  within 
twenty  days  next  coming  for  which  this  shall  be  your 
sufficient  AVarrant  —  Hereof  fail  not. 

Given  under  my  hand  and  Seal  the         day  of        in 
the  Year  of  our  Lord. 

E.  F.  Justice  of  the  peace. 

And  be  it  further  enacted  by  the  authority  aforesaid, 

be  mustlred^at    ^^^^  cvcry  Captain  or  Commanding  Officer  of  a  Company, 

stated  times  for  shall  Call  liis  Company  together  three  days  in  each  year 

for  company  discipline  ;  and  once  on  the  first  Tuesday  of 

May  annually  for  the  express  purpose  of  examining  and 

taking  an  exact  account  of  every  mans  arms  and  equip- 


Acts,  1793.  —  Chapter  14.  395 

ments,  at  which  time  every  article  required  by  this  Act 
shall  be  broui>ht  to  the  place  of  examination  ;  and  it  shall 
be  the  duty  of  the  Clerk  or  in  his  absence  of  some  other 
person  to  be  appointed  on  the  occasion  for  the  time  only 
by  the  commanding  Officer  for  that  purpose,  to  make  out 
an  exact  Roll  of  the  Company,  and  set  against  every  mans 
name,  the  Arms  and  Equipments  which  shall  belong  to 
him :  and  every  commanding  Officer  of  a  Company  shall  3Tc™rt°to  klep 
constantly  keep  by  him  a  Roll,  with  the  Arms  and  Equip-  arou. 
ments  of  every  man  anexed  to  his  name  as  aforesaid, 
from  which  all  detachments  shall  be  regularly  detailed, 
and  the  annual  Return  of  the  company  made  ;  and  the 
said  Roll  shall  be  annually  revised,  corrected  and  com- 
pleted, on  the  first  Tuesday  in  May  as  aforesaid.  And  o^'Jfgyiec^t"'^ 
every  person  liable  to  do  duty  in  the  Militia,  who  shall  be 
absent  at  the  examination  or  view  of  Arms  in  the  month 
of  May  as  aforesaid,  and  shall  not  send  his  Arms  and 
Equipments  to  be  examined  at  the  time  and  place  ap- 
pointed, he  shall  be  fined  for  every  Article  required  in 
this  Act,  not  so  brought  or  sent  to  be  examined,  as  is 
herein  before  directed,  besides  the  sum  of  ten  shillings 
for  non-appearance  as  aforesaid. 

And  be  it  further  enacted  by  the  authority  aforesaid. 
That  every  Captain  or  Commanding  Officer  of  a  Company  commanding 
shall  make  a  Return  of  the  state  of  his  Company,  com-  reguTa"? returns'' 
prehending  every  man  belonging  to  said  Company  with  all  """"""y- 
the  Arms  and  Equipments  belonging  to  them,  to  the  com- 
manding Officer  of  the  Regiment  in  the  month  of  May 
annually  :   Every  commanding  Officer  of  a  Regiment  shall 
make  a  Return  of  the  state  of  his  Regiment  to  the  Briga- 
dier in  the   month   of  June  annually :    And  every  com- 
manding Officer  of  a  Brigade  shall  make  out  duplicate 
Returns  of  his  Brigade,  one  of  which  he  shall  transmit  to 
the  Major-General  of  the  Division  to  which  he  belongs, 
and  the  other  to  the  Adjutant-General  of  the  Common- 
wealth in  the  month  of  July  annually. 

And  be  it  further  enacted  by  the  aidhority  aforesaid. 
That  the  Adjutant  General  shall  be  Commissioned  with  ^f^^^ju'tant"'^ 
the  rank  of  Brigadier  General,  and  it  shall  be  his  duty  to  General, 
distribute  all  Orders  from  the  Commander  in  Chief  of  the 
Militia  to  the  several  Corps  :  to  attend  all  public  Reviews 
when  the  Commander  in  Chief  shall  Review  the  Militia, 
or  any  part  thereof:  to  obey  all  Orders  from  him  relative 
to  carrying  into  execution  and  perfecting  the  System  of 


396  Acts,  1793.  —  Chapter  14. 

Military  Discipline  established  by  this  Act :  to  superin- 
tend the  annual  Inspection  of  the  Militia  :  to  furnish  blank 
forms  of  the  different  Returns  that  may  be  required,  and 
to  explain  the  principles  on  which  they  should  be  made  : 
to  keep  such  Rosters  and  Records  as  are  proper  to  be 
kept  in  his  Office  ;  to  recieve  from  the  several  Officers  of 
the  different  Corps  throughout  the  state,  Returns  of  the 
Militia  under  their  command  reporting  the  actual  situation 
of  their  Corps,  their  Arms,  Ammunition,  and  Accoutre- 
ments, their  delinquencies,  and  every  other  thing  which 
relates  to  the  general  advancement  of  good  order  and 
discipline ;  all  which  the  several  Officers  of  the  Divi- 
sions, Brigades,  Regiments,  Battalions  and  Companies 
are  hereby  required  to  make  in  the  usual  manner,  or  as 
the  Commander  in  Chief  shall  direct ;  so  that  the  said 
Adjutant  General  may  be  duly  furnished  therewith  :  from 
all  which  Returns  he  shall  make  proper  Abstracts,  and  a 
General  Return  of  the  whole  Militia  of  the  Common- 
wealth, and  lay  the  same  before  the  Governour  or  Com- 
mander in  Chief,  and  to  forward  a  duplicate  thereof  to 
the  President  of  the  United  States. 

And  be  it  further  enacted  by  the  authority  aforesaid^ 
?n"sifector^"''^  That  it  shall  be  the  duty  of  the  Brigade  Inspector  to 
attend  the  Regimental  and  Battalion  meetings  of  the  Mili- 
tia composing  the  several  Brigades  to  which  they  belong, 
during  the  time  of  their  being  under  Arms ;  to  inspect 
their  Arms  and  Equipments ;  to  superintend  their  exer- 
cise and  manoeuvres,  and  introduce  the  System  of  Disci- 
pline established  by  this  Act ;  to  obey  all  Orders  they 
may  from  time  to  time  recieve  from  the  Commander  in 
Chief  or  others  their  superior  Officers ;  to  make  Returns 
to  the  Adjutant  General  at  least  once  in  a  year,  and  at 
such  other  times  as  shall  l)e  required,  of  the  Militia  of  the 
Brigades  to  which  they  severally  belong,  reporting  therein 
the  actual  situation  of  the  Corps,  their  Arms,  Ammunition 
and  Accoutrements  and  every  other  thing  which  they  may 
be  required  to  report;  or  which  in  their  judgment  may 
relate  to  their  government,  and  the  general  advancement 
of  good  order  and  military  discipline. 

And  be  it  further  enacted  by  the  authority  aforesaid^ 

i^t'ions^of'disf"'  That  the  Rules  of  Discipline  approved  and  established  by 

Miutii"'^  ^^^       Congress  in  the  Resolutions  of  the  twenty  ninth  day  of 

March  one   thousand   seven   hundred   and   seventy  nine, 

shall  be  the  Rules  and  Regulations  of  Discipline  to  be 


Acts,  1793.  —  Chapter  14.  397 

observed  by  the  Militia  of  this  Commonwealth,  except 
such  deviations  from  said  Rules  as  may  be  necessary  by 
the  requisitions  of  this  Act,  or  some  other  unavoidable 
circumstances  ;  and  every  Officer  recieving  a  Commission 
in  the  Militia  shall  immediately  provide  himself  with  a  ' 

Book  containing  those  Rules. 

And   be   it   enacted  by   the  authority   aforesaid.    That 
every  Regiment  of  Militia  of  this  Commonwealth,  shall  ^a^neTof 
be  assembled  in  Regiment,  once  in  two  Years,  for  Re-  ^",i[i\"°^ 
view,   Inspection    and    Discipline,  on    such    days  as  the 
Commanding  Officers  of  the  several  Divisions  or  Brigades 
shall  Order :    (the  commanding  Officers  of  Regiments  to 
point  out  the  place)   And  the  Militia  of  every  Town  shall 
be  assembled  together  once  in  two  years,  (the  year  it  is 
not  mustered  in  Regiment)  at  such  time  and  place  as  the 
Commanding  Officer  shall  Order,  and  shall  be  instructed 
and  disciplined  under  the  direction  of  a  Field   Officer. 
Provided  nevertheless,  in  new  settlements  where  the  dis-  Proviso. 
persed  situation  of  a  Regiment  may  oblige  men  to  march 
twenty  miles  or  more  to  the  place  of  parade,  it  shall  be 
at  the  discretion  of  the  commanding  Officer  of  the  Reg- 
iment to  muster  the  Militia  in  such  settlements  either  by 
Regiment,  by  Towns,  or  other  convenient  bodies.     And 
every  non-commissioned  Officer  and  Private  shall  come  to 
the  place  of  parade  with  necessary  refreshment  for  said 
day  at  his  own  expence.     The  Cavalry  and  Artillery,  and  f^^iu-y  and 
other  Corps  raised  at  large,  shall  also  be  reviewed  and  artiiiery. 
inspected  once  in  every  Year,  either  with  the  Regiments 
and  Battalions,  or  by  themselves,  as  the  Major  Generals 
or  Brigadiers  shall  Order,  and  at  such  times  and  places, 
as    they    shall    direct.      And    each    commanding    Officer 
of  a  Corps  when  on  duty  shall  have  full  power  and  au- 
thority to  ascertain  and  fix  certain  necessary  limits  and 
bounds  to  their  respective  parades  (no  road  in  which  peo- 
ple usually  travel  to  be  included)  within  which  no  Spec- 
tator shall  have  right  to  enter  without  liberty  from  said 
commanding  Officer ;  and  in  case  any  person  shall  so  in-  Parades  to  be 
trude  within  the  lines  of  the  parade  after  being  once  for-  c'lTaredo" 
bidden,   he  shall  be  subject  to  be  confined  under  guard  «p«'='»'°'"«- 
during-  the  time  of  exercise  at  the  discretion  of  the  com- 
manding  Officer.     And  whenever  difl'erent  Corps  shall  be  senior  officer 
assembled  together  the  senior  Officer  present  shall  com-  J"  ca^'^"''' 
mand  without  any  regard  to  Corps  whatever.     And  all  officers  to  rank 

frorn  dat6  of 

Officers  when  on  duty  shall  take  Rank  according  to  the  commissions. 


398 


Acts,  1793.  —  Chapter  14. 


Companies, 
how  to  rank 


Penalty  for  not 
marching  with 
detachments, 
when  ordered. 


Proviso. 


Punishment  for 
absconding. 


dates  of  their  Commissions ;  and  when  two  of  the  same 
grade  bear  an  equal  date,  and  former  pretensions  of  some 
Commission  do  not  decide,  then  their  Rank  shall  be  deter- 
mined by  lot,  to  be  drawn  by  them  before  the  command- 
ing Officer  present;  and  when  on  Court  Martial  before 
the  President  thereof. 

And  be  itfurtlier  enacted  by  the  Authority  aforesaid,  that 
every  Captain  or  commanding  Officer  of  a  Company  who 
shall  neglect  or  refuse  to  call  out  his  company  as  often  as 
the  law  requires  for  discipline  and  on  the  first  Tuesday  of 
May  for  a  view  of  Arms  as  directed  by  this  Act,  or  at  any 
other  time  when  thereto  required  by  his  superior  Officer ; 
or  who  shall  at  an}^  time  excuse  his  men  for  unnecessary 
absence,  or  deficiency,  shall  be  tried  by  a  Court-martial, 
and  if  thereof  convicted  he  shall  be  reprimanded  in  orders, 
or  removed  from  Office  at  the  discretion  of  said  Court. 

And  be  it  further  enacted  by  the  Authority  aforesaid 
that  at  any  Regimental  muster  the  several!  companies  shall 
form  in  regiment  according  to  the  rank  of  the  Officers 
commanding  them  :  and  the  same  Rule  shall  Apply  when- 
ever diflferent  corps  are  assembled  together,  excepting  so 
far  as  by  custom  usage  &  Necessity  Cavalry  Artillery  and 
Light  troops  may  be  detached  from  the  Battalions. 

And  be  it  further  Enacted  by  the  Authority  aforesaid 
that  whenever  in  case  of  threatened  or  actual  Invasion, 
insurrection  or  other  public  danger  or  emergency  the  Mi- 
litia or  any  part  thereof  shall  be  ordered  out  or  detached, 
if  any  person  who  shall  be  ordered  out  or  detached  in 
obedience  to  such  orders  being  duly  notified  thereof  and 
ordered  to  march  to  the  place  of  rendezvous  shall  neglect 
or  refuse  to  obey  such  orders  or  shall  not  within  twenty 
four  hours  after  he  shall  have  been  notified  as  aforesaid 
pay  a  fine  of  ten  pounds  to  the  commanding  Officer  of  the 
company  to  which  he  belongs  or  procure  an  able  bodied 
man  in  his  stead  such  person  shall  be  considered  as  a  sol- 
dier in  such  detachment  and  be  dealt  with  accordingly. 
Provided  always  that  whenever  a  detachment  is  made  the 
Officers,  noncommissioned  Officers  and  privates  being 
able  of  body  shall  be  detailed  from  the  Rosters  or  Rolls 
which  shall  be  kept  for  that  purpose  :  and  any  person  who 
by  absconding,  after  being  detached  as  aforesaid,  or  by 
deserting  from  such  detachment,  shall  attempt  to  evade 
the  punishment  by  law  provided  for  desertion  he  shall 
pay  a  tine  of  twelve  pounds  to  be  sued  for  and  recovered 


Acts,  1793.  —  Chapter  14.  399 

by  the  clerk  of  the  Company  to  which  such  person  be- 
longs any  time  within  twelve  months  after  the  discharge 
of  such  detachment,  said  fine  to  be  disposed  of  for  the 
purpose  of  paying  such  men  as  shall  be  hired  or  drafted 
into  service.  And  any  Officer  holding  a  Commission  in  Delinquent 
the  Militia  who  shall  Neglect  or  refuse  to  execute  any  or-  punithed.""' 
ders  he  may  recieve  from  his  superior  Officer  to  make  a 
detachment  of  the  Corps  under  his  command  it  shall  be 
the  duty  of  the  officer  who  issued  such  orders,  immedi- 
ately to  arrest  such  delinquent  Officer,  bring  him  to  trial 
therefor  before  a  Court  martial,  and  forthwith  give  infor- 
mation thereof  to  the  Commander  in  chief;  and  the  officer 
who  issued  the  Order  which  shall  not  have  been  executed 
as  aforesaid  shall  imecliately  after  arresting  the  delin- 
quent Officer  proceed  by  himself  or  some  other  officer 
under  his  command  to  make  and  compleat  the  detachment 
ordered  as  aforesaid.  And  when  any  Hegiment  or  Com- 
pany shall  not  be  organized  the  officer  issuing  the  orders 
for  such  detachment  shall  by  himself  or  some  other  Officer 
under  him  proceed  to  make  and  Compleat  the  detachment 
from  any  part  of  the  Militia  of  such  unorganized  Corps. 

And  be  it  further  enacted  by  the  Authority  aforesaid, 
that  whenever  the  Militia  or  any  part  thereof  of  any  town  Miiuia  to  pro. 
shall  be  ordered  to  march  for  the  immediate  defence  of  whln^crnLdom. 
this  state,  each  officer  &  soldier  shall  provide  and  take 
with  him  three  days  provision  unless  otherwise  ordered ; 
and  the  selectmen  of  such  town  shall  cause  carriages  to  selectmen 
attend  them  with  further  supplies  of  provision  and  Camp  carHage*B%c. 
Utensils,  until  notice  shall  be  given  them  to  desist  by  the 
commanding  officer  of  the  Militia  detached.     And  the  se- 
lectmen shall   prefer  their  Accounts  for  such  supplies  to 
the    General    Court    for   allowance   and  payment — And  ^^"^'^y '" '="**'• 
whenever  the   selectmen   of   any  town   or    district  from 
which  a  detachment  shall  be  ordered  shall  be  Notified  by 
any  officer  duly  Authorized  thereto  and  shall  neglect  or 
refuse  to  furnish  such  supplies  and  Utensils  the  Towns  or 
districts  to  which  such  selectmen  belong  shall  pay  a  fine 
not  exceeding  fifty  pounds  to  be  sued  for  and  recovered 
by  any  person  who   shall    prosecute    for  the    same  one 
moiety  to  the  prosecutor  and  the  other  to  the  use   of 
the  Commonwealth  and  the  officer  to  whom  such  camp 
Utensils  shall  be  delivered  shall  be  accountable  for  the 
same  unless  broken  or  lost  by  some  unavoidable  accident 
not  in  his  power  to  prevent. 


400 


Acts,  1793.  —  Chapter  14. 


Widows  and 
children  of  per- 
sons who  may 
be  killed  or 
wounded  in 
actual  service 
to  receive  a 
pension. 


Court  Martial 
how  appointed, 
and  by  whom. 


Judge  Advocate 
to  be  appointed 
—  his  duty. 


Officers  to  be 
tried,  to  have 
due  notice. 
—  to  be  arrested. 


Be  it  further  Enacted  by  the  Authority  aforesaid^  that 
if  any  Officer  non  commissioned  Officer  or  private  of  the 
Militia  shall  be  killed  or  die  of  his  wounds  recieved  in 
the  service  of  this  Commonwealth,  his  widow,  child  or 
children  shall  be  entitled  to  similar  relief,  and  under  the 
same  regulations  and  restrictions  as  is  provided  by  Law 
in  such  cases  for  the  relief  of  widows  &  orphans  of  per- 
sons killed  or  dying  of  wounds  recieved  in  the  service  of 
the  United  States.  And  if  any  Officer,  non  commissioned 
Officer  or  private  of  the  Militia  shall  be  wounded  or  other- 
wise disabled  in  the  service  of  this  Commonwealth,  he 
shall  be  entitled  to  similar  relief  and  under  the  same  reg- 
ulations &  restrictions  as  is  provided  l)y  law  in  such  cases 
for  the  relief  of  persons  wounded  or  disabled  in  the  service 
of  the  United  States. 

And  he  it  further  Enacted  by  the  Authority  aforesaid, 
That  the  Governour  or  Commander  in  chief  shall  appoint 
Courts  martial  for  the  trial  of  all  Officers  above  the  rank 
of  Captain :  That  the  Major  Generals  or  commanding 
Officers  of  Divisions  each  within  his  own  division  shall 
appoint  courts  martial  for  the  trial  of  Captains  and  all 
Officers  under  that  rank.  And  it  shall  be  the  duty  of 
every  Officer  who  shall  appoint  a  court  martial  as  afore- 
said to  approve  or  disapprove  of  every  sentence  of  such 
court  martial  by  them  appointed.  And  no  Officer  who 
shall  appoint  a  Court-martial  shall  be  president  thereof 
nor  shall  any  sentence  be  put  in  Execution  untill  it  shall 
have  been  approved  of  as  aforesaid.  No  court  martial 
shall  consist  of  a  less  number  than  thirteen  Commissioned 
Officers  the  president  of  which  shall  not  be  under  the  rank 
of  a  field  Officer  ;  and  no  field  Officer  shall  be  tried  by  any 
person  under  the  degree  of  a  Captain ;  and  all  Officers 
shall  take  rank  by  seniority  of  Commission  without  regard 
to  Corps,  and  the  Officer  who  shall  appoint  a  Court-martial 
shall  at  the  same  time  appoint  a  suitable  person  for  a 
Judge  Advocate  ;  whose  duty  it  shall  be  impartially  to 
state  the  evidence  both  for  and  against  the  Officer  under 
trial ;  to  take  accurate  minutes  of  the  evidence  and  all 
the  proceedings  of  the  court  all  of  which  he  shall  trans- 
mit with  the  Judoement  of  the  court  thereon  under  seal  to 
the  Officer  whose  duty  it  is  to  approve  or  disapprove  of 
such  Judgement.  Every  officer  to  be  tried  shall  have  ten 
days  Notice  given  him  of  the  time  and  place  appointed  for 
trial.     And  every  officer  to  be  tried  shall  be  put  in  ar- 


Acts,  1793.  —  Chapter  14.  401 

rest  so  as  to  be  suspended  from  the  exercise  of  his  Office, 

and  shall  have  a  Copy  of  the  charges  Exhibited  against 

him  ten  days  before  the  sitting  of  said  Court,  and  in  case 

any  Officer  for  the  trial  of  whom  a  Court  martial  shall  be 

appointed,  shall  neglect  to  appear  and  make  defence,  he 

shall  be  deemed  by  said  Court  guilty  of  the  Charge  and 

shall  be  sentenced  accordingly.     In  every  Court  Martial  coufrMaruli, 

held  for  the  trial  of  an  Officer,  not  less  than  two  thirds  of  ->i^  ''«*«'■-' 

•         1  T     n  ^    mined. 

the  members  must  agree  in  the  sentence  or  Judgment  of 
said  Court,   otherwise  the   person  charged  shall  be  ac- 
quitted.     All  proceedings  and  trials  by   Court   Martial 
shall  be  carried  on  in  the  day  time  ;  and  when  the  mem- 
bers shall  be  required  to  give  their  votes  on  a  question  or 
decission,  they  shall  begin  with  the  Youngest  in  Commis- 
sion first.     All  persons  shall  be  holden  to  appear  and  give  Persons  to  give 
evidence  before  any  Court  Martial  under  the  same  penal-  plnluuel""^*' 
ties  for  neglect  as  are  by  law  provided  for  witnesses  in 
other  cases,  when  thereunto  summoned  by  a  Justice  of  the 
Peace  for  such  service.     And  all  witnesses  shall  be  sworn 
by  the  Judge  Advocate  before  they  give  their  evidence  to 
the  Court.     Before  any  Court  Martial  shall  proceed  to  the  judge  Advocate 
Trial  of  any  Officer,  the  Judge  Advocate  shall  administer  Ihe^oatT.*^^'^ 
to  the  President  and  each  of  the  members  the  following 
Oath  Viz  — 

You  A.  B.  do  swear  that  you  will  well  and  truly  try  oath, 
the  cause  now  before  you,  between  this  Commonwealth, 
and  the  person  to  be  tried ;  and  you  do  further  swear 
that  you  will  not  divulge  the  sentence  of  this  Court  Mar- 
tial until  it  shall  be  approved  or  disapproved  of;  and 
that  you  will  not  on  any  account  at  any  time  whatever 
discover  the  vote  or  opinion  of  any  member  unless  re- 
quired to  give  evidence  thereof  as  a  witness  by  a  Court 
of  Justice  in  a  due  course  of  law.     So  help  you  GOD. 

And  the  President  shall  administer  to  the  Judge  Advo- 
cate  the  following  Oath  Viz  — 

You  A.  B.  do  swear  that  you  will  not  on  any  account  oathadmiuis- 
at  any  time  whatever  divulge  the  vote  or  opinion  of  any  judge  Advo- 
member  of  this   Court  Martial,   unless  required  to  give  ''*'^' 
evidence  thereof,  as  a  witness  by  a  Court  of  Justice  in  a 
due  course  of  Law.  So  help  you  GOD. 

And  be  it  further  eyiacted  by  the  authority  aforesaid^ 
that  every  Officer  holding  a  Commission  in  the  Militia,  officers  guilty 

of  unmilitary 


402 


Acts,  1793.  —  Chapter  14. 


conduct,  to  be 
tried  by  aCourt- 
Martial ; 


—  and  removed 
from  office. 


Towns  to  be 
provided  with 
military  arti- 
cles. 


Penalty  in  case 
of  neglect  — 


how  recovered. 


Brigade 
Inspector  to 
inspect  town 
magazines  &c. 


Penalty  for 
firing  on  a 
muster  day, 
without  or- 
ders — 


who  shall  be  accused  of  any  unmilitary  conduct,  neglect 
of  duty,  or  disobedience  of  Orders ;  or  who  shall  when 
on  duty  appear  or  behave  hiraself  in  an  unofficer  like  man- 
ner, or  shall  wilfully  injure  those  who  are  under  his  com- 
mand, he  shall  be  liable  to  he  tried  by  a  Court  Martial, 
and  if  found  guilty  to  be  sentenced  by  said  Court  to  be 
reprimanded  in  Orders,  or  to  be  removed  from  Office. 
And  whenever  a  Court  Martial  shall  sentence  any  Officer 
to  be  removed  from  Office,  the  Court  shall  therein  ad- 
judge such  Officer  incapable  of  holding  an}'  military  Com- 
mission under  this  Commonwealth  for  life,  or  for  years, 
according  to  the  nature  and  aggravation  of  his  offence  ; 
and  such  sentence  being  duly  approved  of  by  the  Officer 
appointing  such  Court  Martial,  shall  be  published  and 
remain  in  full  force,  unless  reversed,  so  far  as  respects 
disqualification,  by  the  General  Court : 

And  be  it  further  enacted  by  the  authority  aforesaid, 
That  every  Town  within  this  Commonwealth  shall  be  con- 
stantly provided  with  Sixty  four  pounds  of  good  gun 
powder,  one  hundred  pounds  of  musquet  balls,  one  hun- 
dred Flints,  and  three  Tin  or  Iron  Camp  Kettles  for  every 
sixty  four  Soldiers  in  the  Militia  of  such  Town  enrolled 
as  aforesaid,  and  the  same  proportion  of  each  of  the  afore- 
said Articles  for  a  greater  or  lesser  number.  And  every 
Town  which  shall  neglect  to  keep  constantly  provided 
with  the  said  Articles,  shall  forfeit  and  pay  for  the  use  of 
the  Commonwealth  for  every  sixty  four  men  in  such 
Town  which  shall  be  unprovided  with  the  said  Articles, 
the  sum  of  six  pounds  ;  to  be  recovered  by  presentment  in 
the  Court  of  General  Sessions  of  the  Peace  in  the  County 
to  which  such  Town  shall  belong ;  And  it  shall  be  the 
duty  of  the  Brigade  Inspector  annually  to  inspect  the 
Magazines  of  each  Town,  within  the  Brigade  to  which  he 
belongs,  and  to  make  complaint  to  the  Grand  Jury  of  the 
County  against  all  Towns  which  shall  neglect  to  keep  con- 
stantly provided  as  aforesaid. 

And  lohereas  the  good  Citizens  of  this  Commonwealth 
are  often  injured  by  the  discharge  of  single  guns  on  a 
Muster  day,  therefore 

Be  it  further  enacted  by  the  authority  aforesaid,  that 
no  non-commissioned  Officer  or  Private  shall  unnecessa- 
rily fire  a  musquet  or  single  Gun,  in  any  public  road  or 
near  any  house  or  near  the  place  of  parade,  on  any  day, 
or  evening  succeeding  the  same,  on  which  any  Troop  or 
Company  shall  be  ordered  to  assemble  for  military  duty, 


Acts,  1793.  —  Chapter  15.  403 

unless  embodied  under  the  coumiand  of  some  Officer  ;  and 
if  any  non-commissioned  Officer  or  private  sliall  fire  a 
musquet  or  Gun  except  as  aforesaid,  on  the  said  day  or 
evening  succeeding  without  being  embodied  as  aforesaid, 
he  shall  forfeit  and  pay  a  fine  of  five  shillings  for  each  and 
every  offence  as  aforesaid,  to  be  sued  for  recovered  and  anrduprsed^of. 
disposed  of  in  the  same  manner  as  fines  for  non  appear- 
ance on  a  muster  day  are  recovered  and  disposed  of. 

And  be  it  further  enacted  by  the  authority  aforesaid,, 
that  the  Adjutant  General,  the  Quarter  Master  General,  certain  officers 

to  rCCGlVC  DBV. 

Brigade  Inspectors,  and  Adjutants  of  Regiments,  shall 
recieve  a  reasonable  consideration  for  their  services ;  to 
be  allowed  by  the  General  Court.  And  all  Officers  serv- 
ing on  military  Boards,  Courts  of  Inquiry,  and  Courts 
Martial,  shall  recieve  pay,  while  necessarily  employed 
therein,  at  the  same  rate  as  when  in  actual  service  :  And  P^yj;°y**°J^ 

,  .  .  laid  before  the 

the  Adjutant  General  or  Brigade  Majors,  as  the  case  may  General  court. 
be,  shall  make  up  pay  Rolls  of  such  military  Boards, 
Courts  of  Inquiry,  and  Courts  Martial,  and  lay  the  same 
before  the  General  Court  for  allowance ;  and  they  shall 
recieve  payment  at  the  Treasury  of  the  sums  so  allowed, 
and  pay  the  same  over  to  the  Officers  who  performed  the 
service.  Approved  June  22,  1793. 

1793.  —  Chapter  15. 

[May  SesBlon,  ch.  15.] 
AN   ACT  TO  ESTABLISH  A  COLLEGE   IN  THE  COUNTY  OF  BERK- 
SHIRE   WITHIN    THIS    COMMONWEALTH,    BY    THE    NAME    OF 
WILLIAMS  COLLEGE. 

Be  it  Enacted  by  the  Senate  &  House  of  Representa- 
tives in  General  Court  Assembled  &  by  the  Authority  of 
the  same,  that  there  be  Erected  &  Established  in  the  town  coiiege 
of  Williamstown  in  the  County  of  Berkshire,  a  College  established. 
for  the  purpose  of  Educating  Youth,  to  be  called  &  known 
by  the  name  of  Williams  College,  to  be  under  the  gov- 
ernment &  regulation  of  a  Body  Politic  &  Corporate  as 
hereafter  in  this  Act  is  provided. 

And  be  it  further  Enacted  by  the  Authority  aforesaid, 
that  John  Bacon,  Esquire,  Reverend  Daniel  Collins,  Israel  Persons  incor- 
Jones,  Woodbridge  Little,  David  Noble,  Theodore  Sedg-  ^^''^^^  ' 
wick,  Tompson  J.  Skinner,  Esquires,  Reverend  Seth 
Swift,  Henry  Vanscaack,  Esquire,  Reverend  Stephen  West, 
Doctor  of  Divinity,  William  Williams  &  Elijah  Williams 
Esquires,  together  with  the  President  of  the  said  College 
for  the  time  being,  to  be  chosen  as  in  this  Act  is  hereafter 


404 


Acts,  1793.  —  Chapter  15. 


Their  name. 


Their  power  & 
authority. 


Proviso. 


Common  Seal. 


Corporation 
may  sue  and 
be  sued. 


Capable  of 
holding  estates. 


Proviso. 


Shall  have 
power  to  call 
meetings; 


to  elect  otficers ; 


directed,  be  &  hereby  are  created  a  Body  Politic  &  Cor- 
})orate  by  the  name  of  the  President  &  Trustees  of  Wil- 
liams College,  &  that  they  &  their  Successors  &  such 
others  as  shall  be  dul}^  Elected  Members  of  the  said  Cor- 
poration, shall  be  &  remain  a  Body  Politic  &  Corporate 
by  that  name  forever. 

And  be  it  further  Enacted  by  the  Authority  aforesaid^ 
that  for  the  more  orderly  conducting  the  business  of  the 
said  Corporation  the  President  &  Trustees  shall  have  full 
power  &  authority,  from  time  to  time,  as  they  shall  deter- 
mine, to  elect  a  Vice  President  &  Secretary  of  the  said 
Corporation  &  to  declare  the  tenures  &  duties  of  their  re- 
spective offices,  &  also  to  remove  any  Trustee  from  the 
same  Corporation  when,  in  their  Judgment,  he  shall  be 
rendered  incapable,  by  Age  or  otherwise,  of  discharging 
the  duties  of  his  office,  or  shall  neglect  or  refuse  to  per- 
form the  same,  &  to  fill  up  all  vacancies  in  the  said  Cor- 
poration, by  electing  such  persons  for  Trustees  as  they 
shall  judge  best.  Provided  nevertheless,  that  the  number 
of  the  said  Trustees,  including  the  President  of  the  said 
College  for  the  time  being,  shall  never  be  greater  than 
Seventeen,  nor  less  than  Eleven. 

And  be  it  further  Enacted,  that  the  said  Corporation 
may  have  one  common  Seal,  which  they  may  change, 
break  or  renew"  at  their  pleasure  ;  And  that  all  Deeds 
signed  &  delivered  by  the  Treasurer,  &  sealed  with  their 
Seal  by  order  of  the  President  &  Trustees  shall,  when 
made  in  their  corporate  name,  be  considered  in  law,  as 
the  Deed  of  the  said  Corporation ;  And  that  the  said  Cor- 
poration may  sue  &  be  sued  in  all  Actions,  Real,  Personal 
or  mixed  and  may  prosecute  &  defend  the  same  to  final 
Judgment  &  Execution,  by  the  name  of  the  President  & 
Trustees  of  Willia.ms  College  :  And  that  the  said  Corpo- 
ration shall  be  capable  of  having,  holding  &  taking  in  Fee 
Simple,  or  any  less  Estate  by  gift,  grant,  devise,  or  other- 
wise, any  lands,  tenements,  or  other  Estate,  real  or  per- 
sonal ;  Pr^^vided  nevertheless,  that  the  Annual  clear  income 
of  the  same  shall  not  exceed  the  sum  of  Six  Thousand 
pounds. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  said  Corporation  shall  have  full  power  and  Au- 
thority to  determine  at  what  times  &  places  their  meet- 
ings shall  be  holden,  &  on  the  manner  of  notifying  the 
Trustees  to  convene  at  such  meetings ;  And  also  from 
time  to  time  elect  a  President  &  Treasurer  of  said  Col- 


Acts,  1793.  —  Chapter  15.  405 

lege  &  such  Professors,  Tutors,  Instructors  &  other  offi- 
cers of  the  said  College  as  they  shall  judge  most  for  the 
interest  thereof,  &  to  determine  the  duties,  salaries,  emol- 
uments &  tenures  of  their  several  offices  aforesaid :  The 
said  President  for  the  time  being,  when  Elected  &  inducted 
into  his  office,  to  be  ex  officio,  President  of  the  said  Cor- 
poration :  And  the  said  Corporation  are  farther,  impowered  to  purchase  and 
to  purchase  or  erect  &  keep  in  repair,  such  Houses  and  Houses  for  the 
other  buildings  as  they  shall  judge  necessary  for  the  said  ^''"^s^' 
College ;  And  also  to  make  &  ordain,  as  occasion  may 
require,  reasonable  rules,  orders  &  by-laws,  not  repugnant 
to  the  Laws  of  this  Commonwealth,  with  reasonable  pen- 
alties for  the  good  government  of  the  said  College  ;  &  also 
to  determine  &  prescribe  the  mode  of  ascertaining  the 
qualifications  of  the  Students  requisite  to  their  admission  : 
—  &  also  to  confer  such  DcOTees  as  are  usually  confered  to  confer 

c?  ^  degrees. 

by  Universities  established  for  the  education  of  Youth  — 
Provided  nevertheless,  that  no  Corporate  business  shall  be  Provisos. 
transacted  at  any  meeting  unless  seven  at  the  least  of  the 
Trustees  are  present :  —  And  provided  further,  that  the 
said  Corporation  shall  confer  no  Degrees  other  than  those 
of  Bachelor  of  Arts  &  Master  of  Arts  until  after  the  first 
day  of  January,  which  will  be  in  the  year  of  our  Lord  one 
thousand  eight  hundred. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  clear  rents,  issues  &  profits  of  all  the  Estate,  real  Estates,  &c. 
&  personal,  of  which  the  said  Corporation  shall  be  seized  at^ed.^^^"^"^"" 
or  possessed,  shall  be  appropriated  to  the  Endowment  of 
the  said  College,  in  such  manner  as  shall  most  eflectually 
[)romote  Virtue  &  Piety,  &  the  Knowledge  of  such  of  the 
Languages  &  of  the  liberal  Arts  and  Sciences  as  shall 
hereafter  be  directed,  from  time  to  time,  by  the  said  Cor- 
poration. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  Honorable  Tompson  J.  Skinner,  Elsquire,  be  &  he  is  Tompson  j. 
hereby  authorized  &  impowered  to  fix  the  time  &  place  for  c^iu°meftfng.'*' 
holding  the  first  meeting  of  the  said  Corporation,  of  which 
he  shall  give  notice,  by  an  advertizement  in  the  Stockbridge 
News-Papers,  at  least  fourteen  days  previous  thereto. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  Treasurer  of  the  said  College  shall,  before   he  Treasurer  to 
enter  upon  the  execution  of  the  duties  of  his  office,  give  ^^^^  '°°'^^^- 
bonds  to  the  said  Corporation  in  such  sums  &  with  such 
Sureties    as    they    shall  approve   of,  conditioned   for  the 
faithful  discharge  of  the  said  office,  &  for  rendering  a  just 


406 


Acts,  1793.  —  Chapter  16. 


To  give  up  all 
money,  books, 
&c.  at  the 
expiration  of 
his  office. 


Legislature 
empowered. 


Property  vested  that 
in  the  corpora- 
tion. 


Grant  made  to 
the  college. 


&  true  account  of  his  doings  therein  when  required  — 
And  that  all  the  money,  securities  &  other  property  of 
the  President  &  Trustees  of  Williams  College,  together 
with  all  the  books  in  which  his  accounts  &  proceedings  as 
Treasurer  were  entered  &  kept  that  shall  be  in  his  hands 
at  the  expiration  of  his  office  shall,  upon  demand  made 
upon  him,  his  executors  or  administrators,  be  paid  &  de- 
livered over  to  his  Successor  in  that  office.  And  all 
monies  recovered  by  virtue  of  any  suit  at  Law  upon  such 
bond  shall  be  paid  over  to  the  President  &  Trustees  afore- 
said &  subjected  to  the  appropriation  above  directed  in 
this  Act. 

And  be  it  further  Enacted  by  the  authority  aforesaid,  that 
the  Legislature  of  this  Commonwealth  may  grant  any  fur- 
ther powers  to,  or  alter,  limit,  annul,  or  restrain  any  of 
the  powers  by  this  Act  vested  in  the  said  Corporation,  as 
shall  be  judged  necessary  to  promote  the  best  interests  of 
the  said  College  ;  &more  especially,  may  appoint  &  estab- 
lish Overseers,  or  Visitors,  of  the  said  College,  with  all 
necessary  powers  &  authorities  for  the  better  aid,  preser- 
vation &,  government  thereof. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
all  the  property,  real  &  personal,  belonging  to  the 
Trustees  of  Williamstown  Free  School,  be,  &  the  same 
hereby  is,  vested  in  the  Corporation,  which  by  this  Act 
is  created. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  there  be,  &  hereby  is  granted  to  the  Trustees  of 
Williams  College  for  the  use,  benefit  &  purpose  of  sup- 
porting said  College,  Twelve  hundred  pounds,  to  be  paid 
out  of  the  Treasury  of  this  Commonwealth,  —  Three  hun- 
dred pounds  of  the  same  to  be  paid  the  first  day  of  Sep- 
tember one  thousand  seven  hundred  &  ninety  three  — 
And  Three  hundred  pounds  annually,  on  the  first  day  of 
September,  for  the  three  succeeding  years. 

Approved  June  22,  1798. 


Preamble. 


1793.  —  Chapter  16. 

[May  Session,  ch.  16.] 

\lN  ACT  TO  REVIVE,  AND  CONTINUE  AN  ACT  INTITLED  AN  ACT 
TO  PREVENT  THE  DESTRUCTION  OF  OYSTERS  IN  THE  SEV- 
ERAL PLACES  THEREIN  MENTIONED. 

^V^lereas  the  Act  entitled  an  Act  to  prevent  the  destruc- 
tion of  Oysters  in  the  several  places  therein  mentioned 


Acts,  1793.  —  Chapter  17.  407 

made  in  the  Year  of  our  Lord  one  thousand  seven  hundred 
and  ninety,  has  been  found  usefull  and  beneficial  — 

Be  it  therefore  Enacted  by  the  Senate  and  Hous.e  of 
Representatives  in  General  Oonrt  assembled,  and  by  the 
authority  of  the  same,  That  the  aforesaid  Act  with  all  and  co°nthfued!' 
every  clause,  matter  and  thing  therein  contained  be  con- 
tinued, and  shall  be  in  force  untill  the  first  day  of  Novem- 
ber which  will  be  in  the  Year  of  our  Lord  one  thousand 
seven  hundred  and  ninety  seven. 

Approved  June  22,  1793. 

1793.  — Chapter  17. 

[May  Session,  ch.  17.] 

AN  ACT  FOR    INCORPORATING  A    RELIGIOUS    SOCIETY    IN    THE 
TOWN  OF  PENOBSCOTT  IN  THE   COUNTY  OF  HANCOCK. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
in  General  Court  assembled  and  by  the  authority  of  the  same. 
That  John  Perkins,  Joseph  Perkins,  Joseph  Wardwell,  Persons  mcor- 
Stover  Perkins,  Mark  Hatch,  David  Howe,  John  Bakeman,  p"''"'^'^- 
Roger  Lawrence,  Aaron  Banks,  Aaron  Banks  junr.,  Smith 
Woodward,  Thomas  Slack,  Cuninirham  Lymburner,  John 
Doljbie,  Samuel  Rogers,  William  Readhead,  Joseph  Calef, 
Thomas  Stevens,  James  Douglass,  Michael  Dyer,  Robin- 
son Crockett  junr.,  Abraham  Perkins  Benjamin  Lunt, 
William  Turner,  John  Lee,  Richard  Hunnewell,  Isaac  Par- 
ker, John  Haden,  Benjamin  Rea,  Moses  Gay,  Hutson 
Bishop  Josiah  Crawford,  John  Co  won,  Jonathan  Hol- 
brook,  Benjamin  Redman,  George  Haliburton,  Benjamin 
Courtney,  Francis  Adams,  Abel  Hosmer,  Samuel  Russell, 
Robert  Magee,  Joseph  Lowell,  Barnabas  Higgins,  Stephen 
Littlefield,  John  Bray,  John  Bray  junior,  George  Darrow 
Ephraim  Cook,  William  Preston,  Archibald  Heney,  Wil- 
liam Webber,  David  Willson,  Thatcher  Avery,  Jeremiah 
Jones,  Oliver  Parker,  James  Crawford  Elisha  Dyer,  Dan- 
iel Perkins,  Pelatiah  Westcoat,  Pelatiah  Tapley,  David 
Jenkins,  William  Hutchins,  Joseph  Web])er,  James  Scott, 
John  Collins,  Andrew  Herrick,  Elijah  Winslow^  Battery 
Manning  Powars,  Gershom  Varnum,  Matthew  Varnum, 
Eliphalet  Lowell,  Ephraim  Blake,  John  Redman  James 
Leach,  David  Hawes,  Oliver  Parker  junior  Samuel  Was- 
son,  Jeptha  Hill,  Elisha  Hopkins,  the  petitioners  together 
with  their  Polls,  and  Estates,  together  with  such  others  as 
may  join  them,  be  and  they  hereby  are  incorporated  into  Name  of  parish. 
a  Parish  by  the  nam[e]  of  the  first  Parish  in  the  Town  of 


408 


Acts,  1793.  —  Chapter  18. 


Persons  by 
giving  notice 
may  join  either 
parish. 


Oliver  Parker, 
Esq.  to  issue 
warrant. 


Penobscott  with  all  the  priviliges  powers  &  immunities 
which  other  Parishes  in  this  Commonwealth  are  by  Law 
entitled  to. 

And  be  it  further  enacted  by  the  authority  aforesaid,  that 
any  of  the  Inhabitants  of  said  Town  shall  at  all  times 
have  full  liberty  to  join  themselves  and  their  families  to 
either  of  the  Parishes  in  said  Town,  Provided  they  shall 
signify  in  writing  under  their  hands,  to  the  Clerk  of  said 
Town,  thirty  days  at  least  previous  to  the  annual  meeting 
of  the  Inhabitants  of  said  Town  in  the  Month  of  March 
or  April  their  determination  of  being  considered  as  belong- 
ing to  the  Parish  to  which  they  may  join  themselves  as 
aforesaid  and  any  person  or  persons  who  shall  leave  one 
of  the  Parishes  in  said  Town  and  join  the  other  Parish 
therein  shall  be  holden  to  pay  all  legal  Taxes,  previously 
assessed  upon  them  and  their  proportions  of  their  pre- 
vious debts  and  charges  of  the  Paris  [si  h  which  they  shall 
leave  as  aforesaid. 

And  be  it  further  enacted  that  Oliver  Parker  Esqr.  be 
and  hereby  is  authorized  to  issue  his  warrant  to  some 
principal  Member  of  the  said  Parish  requiring  him  to 
warn  the  Members  of  the  same  qualified  to  vote  in  Parish 
Affairs,  to  assemble  at  some  suitable  time  and  place  in 
said  Town  to  choose  such  Officers  as  Parishes  are  by  Law 
required  to  choose  in  the  Month  of  March  or  April  annu- 
ally, and  to  transact  all  matters  &  things  necessary  to  be 
done  in  said  Parish.  Approved  June  22,  1793. 


1793.  —  Chapter  18. 

[May  Session,  ch.  18.] 

AN  ACT  TO  INCORPORATE  CERTAIN  LANDS  IN  THE  TOWN  OF 
DEDHAM  IN  THE  COUNTY  OF  NORFOLK  LNTO  A  COMMON 
FIELD. 

Be  it  Enacted  by  the  Senate  &  House  of  Representatives 
in  General  Court  Assembled  &  by  the  Authority  of  the 
BoiindarieB.  Same,  that  the  Lands  in  Dedham  lying  within  the  limits 
hereafter  expressed  known  by  the  name  of  Purgatory 
Swamp  beginning  at  Purgatory  brook,  so  called,  &  run- 
ning Southwardly  on  said  brook  so  far  as  to  include  the 
lands  of  Ira  Draper  &  Jonathan  Dean,  thence  running 
Westerly  on  the  South  line  of  said  Draper's  &  Dean's  land 
to  the  upland,  thence  Northerly  on  the  line  which  sepe- 
rates  the  Meadow  fi'om  the  upland  so  far  as  to  include  the 


Acts,  1793.  —  Chapters  19,  20.  409 

land  of  Oliver  Morse  &  John  Ellis,  thence  Easterly  on 

the  North  line  of  said  Morse's  &  Ellis's  land  to  the  brook 

first  mentioned,   be,   &  hereby  are   incorporated  into  a  common  add 

Common  &  General  Field,  &  the  owners  thereof  are  in-  *'^''°'"p°'''"'  • 

vested  with  all  powers  &  privileges  which  the  owners  of 

Common  &  General  Fields  are  or  may  be  invested  with 

by  Law.  Approved  June  22,  1793. 

1793.  — Chapter  19. 

[May  SeBeion.ch.  19.] 

AN  ACT  IN  ADDITION  TO   AN  ACT,  ENTITLED  AN  ACT  TO  PRE- 
VENT DAMAGE   BY   HORSES   GOING  AT  LARGE. 

Whereas  the  same  damage  which  arises  from  horses  go-  Preamble. 
{7ig  at  large  is  frequently  done  by  Asses,  and  Mides,  and 
Whereas  the  Act  made  in  February  one  thousand  seven 
hundred  and  Eighty  nine  to  prevent  said  damage  by  horses 
is  confined  only  to  horses  and  horse  Mnd  — 

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,  and  every  clause  and  part  Former  act 
thereof  shall  extend  to  Asses,  and  Mules,  and  that  the 
same  proceedings  shall  be  had  with  respect  to  them,  as  are 
provided  in  the  said  Act  with  respect  to  horses. 

Approved  June  22,  1793. 

1793.  —  Chapter  30. 

[May  SessioD,  ch.  20.] 

AN  ACT  FOR  INCORPORATING  CERTAIN  PERSONS  FOR  THE  PUR- 
POSE OF  BUILDING  A  BRIDGE  OVER  SHEEPSCOTT  RIVER  IN 
THE   COUNTY  OF  LINCOLN  &  FOR  SUPPORTING  THE   SAME. 

Whereas  the  erecting  a  Bridge  over  Sheepscott  River  above  preamble. 
the  falls  at  AverilVs  ferry  between  the  towns  of  Pownal- 
borough  &  Newcastle  in  the  County  of  Lincoln  ivill  be  of 
great  public  convenience  —  And  whereas  David  Sylvester 
Esqr.  <&  others  have  presented  a  petition  to  this  Court 
praying  that  they,  &  such  as  may  associate  ivith  them,  may 
be  incorporated  for  the  purpose  of  building  the  same  with 
power  to  collect  reasonable  loll  for  their  compensation. 

Be  it  therefore  enacted  by  the  Senate  &  House  of  Repre- 
sentatives in  General  Court  assembled  &  by  the  authority  of 
the  same,  that  the  said  David  Sylvester,  John  Page  &  Tim-  Persons  incor. 
othy  Parsons,  Avith  such  other  [)ersons  as  may  hereafter  p*""*®'- 
associate  with  them  for  that  purpose,  be  &  they  hereby  are 


410 


Acts,  1793.  —  Chapter  20. 


Their  name  & 
power. 


May  have  a 
common  seal. 


Meeting  of  the 
Proprietors, 
how  called. 


To  choose  a 
Clerk  and 
transact  other 
business. 


Proviso. 


Acts  and  pro- 
ceedings to  be 
recorded. 


Bridge  may  be 
erected  with  a 
draw  &  piers. 


made  &  constituted  a  corporation  &  body  politic,  for  the 
purpose  aforesaid  by  the  name  of  the  proprietors  of  Sheep- 
scott  river  bridge  &  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  and  may  have  &  use  a  com- 
mon seal,  &  the  same  may  break  &  alter  at  pleasure. 

And  be  it  further  enacted  by  the  authority  aforesaid 
that  the  said  David  Sylvester,  John  Page  &  Timothy  Par- 
sons or  any  two  of  them,  may  by  advertisement  in  any 
of  the  News-papers  printed  within  the  district  of  Maine 
warn  or  call  a  meeting  of  the  proprietors,  to  be  holden  at 
any  suitable  time  &  place  after  thirty  days  from  the  first 
publication  of  the  said  advertisement,  and  the  proprietors 
b}^  a  vote  of  a  majority  of  those  present  or  duly  repre- 
sented at  the  said  meetino-,  accountins:  &  allowing-  one 
vote  to  &  for  each  single  share,  in  all  cases,  {provided 
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,  &  at  the  same  or 
a  subsequent  meeting  or  meetings,  may  elect  such  Officers 
&  make  &  establish  such  rules  &  bye  laws  as  to  them  shall 
seem  necessary  or  convenient  for  the  regulation  &  gov- 
ernment of  the  said  corporation,  for  carrying  into  effect 
the  purpose  aforesaid  &  for  collecting  the  toll  hereinafter 
granted  &  established  ;  &  the  same  rules  &  bye  laws  may 
cause  to  be  executed,  &  may  annex  penalties  to  the  breach 
thereof  not  exceeding  thirty  shillings,  provided  the  said 
rules  &  bye  laws  be  not  repugnant  to  the  Constitution  or 
Laws  of  this  Commonwealth  ;  &  all  representations  at  any 
meeting  of  the  said  Corporation  shall  be  filed  with  the 
Clerk ;  and  this  Act  &  all  rules,  bye  laws,  regulations  & 
proceedings,  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  &  they  are  hereby  permitted 
&  allowed  to  erect  a  bridge  over  Sheepscott  River  at 
Averill's  ferry  aforesaid,  with  a  convenient  draw  for  the 
passing  of  Vessels  at  least  twenty  eight  feet  wide  which 
draw^  shall  be  lifted  for  all  vessels  without  toll  or  pay 
during  day  light  in  each  day  ;  And  there  shall  be  pro- 
vided &  built  by  the  said  proprietors  a  suitable  wharf  or 


Acts,  1793.  —  Chapter  20.  411 

pier  for  the  accommodation  of  all  vessels   intending  to 
pass  the  aforesaid   draw.     And  all  vessels  intending  to 
pass  the  said  draw  shall  lay  free  of  charge  at  the  wharf  or 
pier,  untill  a  suitable  time  shall  oifer  for  passing  the  said 
draw,  and  the  said  proprietors  shall  constantly  keep  some 
suitable  person  or  persons,  at  the  said  bridge  for  raising 
such  draw  for  the  purpose  of  letting  vessels  pass  through 
the  same.     And  for  the  purpose  of  reimbursing  them  the 
money  by  them  to  be  expended  in  building  &  support- 
ing such  bridge,  it  is  hevehy  further  enacted  by  the  authority 
aforesaid,  that  a  toll  be  &  hereby  is  granted  &  establish'd  ™'^^«tab- 
for  the  sole  benefit  of  the  said  proprietors  according  to  the 
rates  following,  vizt.  for  each  foot  passenger  two  pence,  Rates  of. 
for  each  horse  &  rider  sixpence ;  for  each  horse  &  chaise, 
chair  or  sulkey  one  shilling ;  for  each  riding  sleigh,  drawn 
by  one  horse  eight  pence  ;  for  each  riding  sleigh  drawn 
by  more  than  one  horse  one  shilling ;  for   each    Coach, 
Chariot,  Phoeton  or  other  four  wheel  carriage  for  passen- 
gers one  shilling  &  eight  pence  ;   for  each  Curricle  one 
shilling ;    for  each  cart  sled  sleigh  or  other  carriage  of 
burthen  drawn  by  more  than  one  beast  nine  pence  ;  for 
each  horse  without  a  rider  &  for  neat  cattle  three  pence 
each ;  for  sheep  &  swine  six  pence  pr.  dozen ;  And  one 
person  &  no  more  shall  be  allowed  to  each  team  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 ;  &  the  said  toll  shall  commence  on  the  day 
of  the  first  opening  of  the  said  bridge  for  passengers  & 
shall  continue  for  the  term  of  seventy  years  from  said  day 
—  &  at  the  place  where  the  toll  shall  be  received,  there  sign  board  to 
shall  be  erected  &  constantly  exposed  to  open  view,  a  ^^^'■®'='®  • 
sign  or  board  with  the  rates  of  toll  of  all  tollable  articles 
fairly  &  legibly  written  or  painted  thereon  in  large  or  cap- 
ital Letters. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  said  bridge  shall  be  well  built  with  suitable  mate-  Bridge  to  be 
rials  at  least  twenty  four  feet  wide  &  well  covered  with  nTa'teriais,  and 
planks  with  sufficient  rails  on  each  side,  &  boarded  up  i^epi  i" '•ep^ir- 
eighteen  inches  high  from  the  floor  of  said  bridge  for  the 
safety  of  passengers  travelling  thereon,  &  the  same  shall 
be  kept    in  good,   safe   &   passable  repair,  at  all  times, 
and  at  the  expiration  of  the  term  hereby  granted  to  the 
said  proprietors  in  such  bridge  the  same  bridge  shall  be  de- 
livered up  to  the  Commonwealth  in  good  &  passable  repair. 


412 


Acts,  1793.  —  Chapter  21. 


Limited  time 
for  building. 


A7id  be  it  further  enacted  by  the  authority  aforesaid, 
that  if  the  said  proprietors  shall  neglect  for  the  space  of 
three  years  from  the  passing  this  Act  to  build  &  erect 
said  bridge  then  this  Act  shall  be  void  &  of  no  effect. 

Approved  June  22,  1793. 


Preamble. 


Persons  incor- 
porated. 


Justice  em- 
powered to  call 
a  Meeting. 


1793.  — Chapter  31. 


[May  Session,  ch.  21.] 
mCORPORATING    JAMES    SULLIVAN    ESQUIRE    & 


AN    ACT    FOR 

OTHERS    BY  THE  NAME  AND   STILE   OF 
OF  THE  MIDDLESEX  CANAL." 


THE   PROPRIETORS 


Whereas  James  Sullivan  Esqr.  and  others  have  peti- 
tioned to  be  incorporated  for  the  purpose  of  cutting  a  Canal 
frotn  the  waters  of  Merrimack  River  into  the  waters  of 
Medford  River;  And  whereas  it  is  represented  that  sundry 
persons  are  ready  to  raise  finds  sufficient  for  the  purpose 
of  opening  the  same  Canal; 

Be  it  therefore  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled  that  the  said 
James  Sullivan,  Oliver  Prescott,  James  Winthrop,  Loami 
Baldwin,  Benjamin  Hall,  Jonathan  Porter,  Andrew  Hall, 
Ebenezer  Hall,  Samuel  Tufts  junior,  Aaron  Brown,  Willis 
Hall,  Samuel  Swan  junr.  &  Ebenezer  Hall  junr.  their 
Associates  and  Successors  are  hereby  incorporated  and 
shall  be  a  Corporation  forever  under  the  name  of  the  Pro- 
prietors of  the  Middlesex  Canal  and  by  that  name  may 
sue  and  prosecute,  and  be  sued  and  prosecuted  to  final 
judgment  and  execution,  and  shall  be,  and  hereby  are 
vested  with  all  the  powers  and  priviliges  which  are  by 
Law  incident  to  Corporations  of  a  similar  nature. 

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 
County  of  Middlesex,  requesting  him  to  call  a  meeting  of 
the  said  Proprietors  to  be  holden  at  some  convenient  place 
within  the  Town  of  Medford  in  the  same  County,  av here- 
upon such  Justice  is  hereby  impowered  to  issue  his  War- 
rant to  one  of  said  Proprietors  directing  him  to  warn  and 
notify  said  Proprietors  to  meet  at  such  time  and  place  in 
said  Town  of  Medford  as  he  shall  therein  direct,  to  agree 
on  such  method  as  may  be  thought  proper  for  calling 
meetings  of  said  Proprietors  for  the  future  and  to  do  and 
transact  such  matters  and  things  relating  to  the  said  Pro- 


Acts,  1 793.  —  Chapter  21.  413 

priety  as  shall  be  expressed  in  the  Warrant,  and  the  Pro- 
prietor to  whom  such  Warrant  shall  be  directed  shall  give 
notice  to  said  Proprietors  by  causing  the  same  or  the  sub- 
stance thereof  to  be  published  in  one  of  the  Boston  News  Notice  to  be 
papers  fourteen  days  l)efore  the  holding  of  said  meeting  uL^^spaper. 
and   make   return  thereof  under  his   hand   to   the    same 
meeting  to  be  lodged  with  the  Clerk  that  shall  be  then 
and  there  chosen.     And  the  said  Proprietors  may  at  the  officers  to  be 
same  or  any  other  legal  meeting  choose  a  Clerk,  Treasurer  *pp°'° 
and  other  officer  or  officers  of  the  corporation  that  they 
may  deem  necessary,  and  also  may  choose  a  Committee 
for  orderino;  and  regulatino;  the  Bussiness  and  affairs  of  the 
said  Corporation  ;  and  every  Proprietor  shall  have  a  right 
to  vote  in  the  Proprietary  meetings  according  to  his  share 
and  interest  in  person  or  by  representation  in  the  follow- 
ing ratio ;  vizt.  From  one  hundred  to  three  hundred  dol-  ^^'^"^  °^  voting. 
lars  inclusive  there  shall  be  allowed  one  vote  ;  from  [the] 
three  hundred  and  one  to  six  hundred  dollars  inclusive 
shall  be  allowed  one  vote  more,  and  for  every  thousand 
above    one    thousand  shall    be   allowed   one   vote  more. 
Provided  no  one  Proprietor  shall  have  more  than  twenty 
votes  ;  all  representations  to  be  proved  in  writing  signed 
by  the  person  making  the  same,  by  special  appointment 
which  shall  be  filed  with  and  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  cierktokeep 
said  Clerk  in  a  book  or  books  for  that  purpose  to  be  pro- 
vided and  kept.     Provided,  that  whereas  it  may  be  neces-  Proviso, 
sary  in  the  prosecution  of  the  foregoing  bussiness,  that  the 
property  of  private  persons  may  (as  in  the  case  of  high 
ways)  be  appropriated  for  the  public  use,  in  order  that  no 
person  may  be  damaged  by  the  digging  and  cutting  canals 
through  his  land,  by  removing  mills  or  mill  dams,  divert- 
ing water  courses  or  flowing  his  land  l)y  the  Proprietors 
aforesaid  without  receiving  full  and  adequate  compensa- 
tion therefor ;   Be  it  enacted  by  the  authorit;/   aforesaid 
that  in  all  cases  where  any  person  shall  be  damaged  in  Method  of 
his  property,  by  the  said  Proprietors  for  the  purposes  persons  who 

/.  .  T    •  •         1  1  '  ,1  may  be  dam- 

aroresaid  m  manner  as  is  above  expressed,  or  m  any  other  aged  in  their 
w^ay,  &  the  proprietors  aforesaid  do  not  within  twenty  ^utt^ng^he^ 
days  after  being  requested  thereto,  make  or  tender  reason-  canai. 
able  satisfaction  to  the  acceptance  of  the  person  damaged 
by  them  as  aforesaid,  the  person  so  damaged  may  apply 
to  the  Court  of  the  General  Sessions  of  the  peace  for  the 


414  Acts,  1793.  —  Chapter  21. 

County  in  which  the  damage  shall  have  been  sustained  to 
have  a  Committee  appointed  by  said  Court  at  his  own 
expence  to  estimate  the  damage  so  done  and  the  said 
Court  are  hereby  authorized  and  empowered  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  disenterested 
freeholders  in  the  same  County  to  estimate  the  damages ; 
which  Committee  shall  give  seasonable  notice  to  the  per- 
sons interested  and  to  the  Clerk  of  the  proprietors  afore- 
said of  the  time  and  place  of  their  meeting  and  they  shall 
be  under  oath  to  perform  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  and  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  that  the  same  may  be 
accepted  allowed  and  recorded  ;  and  the  Committee  so 
empowered  are  required  to  estimate  the  said  damage  and 
make  return  thereof  as  aforesaid  ;  and  if  the  estimate  of 
the  Committee  be  accepted  by  the  Court,  the  Clerk  of  the 
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. 
Proviso.  f^,^.  ^jjg  gyjjj  gQ  adjudged  in  damages,  provided  the  same  is 

not  paid  within  twenty  days  after  the  acceptance  of  said 
report,  and  likewise  for  the  cost  of  the  said  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  of  damages  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  Court  in  damages  then  nothing  to  be  in- 
cluded in  the  execution  for  costs  of  Committee  or  Court ; 
The  execution  to  be  issued  by  the  Clerk  of  the  Court  to 
be  in  the  same  terms,  mutatis  tnutandis,  and  returnable 
in  the  same  time  as  though  judgment  had  been  rendered 
against  said  Corporation  for  a  like  sum  in  damages  on 
process  in  the  Court  of  Common  Pleas  ;  and  if  any  person 
find  himself  aggrieved  hj  the  doings  of  said  Committee, 
in  estimating  damages,  he  may  apply  to  said  Court  of 
General  Sessions  of  the  Feace,  pi'ovided  such  application 
be  made  to  the  same  Court  at  the  next  Session  thereof  in 
the  same  County  after  the  acceptance  of  such  return ;  and 


Acts,  1793.  —  Chapter  21.  415 

said  Court  is  empowered  to  hear  and  finally  determine 
the  same  by  a  Jur}^  under  Oath  to  be  summoned  by  the 
Sheriti'  or  his  Deputy  for  that  purpose  if  the  person  com- 
plaining desires  the  same  or  by  a  Committee  if  the  person 
complaining  and  the  proprietors  can  agree  thereon.  And 
if  the  Jury  or  Committee  agreed  on  as  aforesaid,  who  are 
to  be  under  Oath,  shall  not  increase  the  sum  of  damages, 
the  person  complaining  shall  be  at  the  cost  arising  on 
such  complaint,  to  be  taxed  against  him  by  the  said 
Court,  otherwise  such  cost  and  increase  of  damages  shall 
be  paid  by  the  Proprietors  and  execution  to  issue  therefor 
as  aforesaid  expressed.  And  it  shall  be  the  duty  of  such 
Committee  or  Jury  on  application  of  either  of  the  parties, 
and  reasonable  notice  given  to  all  persons  interested,  to 
determine  where  and  how  many  Bridges  shall  be  made 
and  maintained,  by  said  proprietors  over  the  Canal  afore- 
said, and  how  the  same  shall  be  constructed  and  what 
damages  shall  be  paid  by  the  proprietors  for  neglecting 
to  make  and  maintain  such  Bridges  ;  and  the  report  of 
such  Committee,  or  verdict  of  such  Jury  being  returned 
into  the  same  Court  and  being  allowed  and  recorded  shall 
be  a  suflScient  bar  against  any  action  brought  for  damages 
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  intitled  to  an  action  of  debt  for  the 
recovery  of  the  same  so  often  as  the  same  becomes  due, 
durino;  the  continuance  of  the  damage  done  or  snftered  as 
aforesaid,  and  also  for  the  recovery  of  the  damages,  for 
nefflectino-  to  make  and  maintain  the  Bridges  as  often  as 
the  same  is  demandable.  Provided  that  no  part  of  the 
waters  of  Shawshine  river  shall  be  diverted  from  their 
natural  course  for  the  purpose  aforesaid  ;  &  that  no  dwell- 
ing house  shall  be  removed  or  water  course  turned  or 
altered  whereon  any  Mill  is  erected  so  as  to  injure  such 
Mill  without  licence  therefor  first  had  and  obtained  from 
the  Court  of  General  Sessions  of  the  Peace  of  the  County 
in  which  such  house  may  stand  or  through  which  such 
water  course  may  pass  :  And  the  said  Court  of  Sessio  n 
on  application  made  to  them  by  the  said  prorietors  shalls 
observe  the  same  rules  as  are  prescribed  by  Law  when 
application  is  made  to  them  for  granting  a  public  high-  ^"^ffobe 
way.     Provided  also  that  the  waters  of  Merimack  River  altered  nor 

1      II  1  T  in  I      •  1  removed  witn- 

shall  not  be  so  diverted  irora  their  natural  course  as  to  out  licence. 


416 


Acts,  1793.  —  Chapter  21. 


Penalty  in  case 
of  damage  to 
Canal. 


Proprietors 
empowered  to 
purchase  and 
hold  real  estate. 


Toll  estab- 
lished. 


Rates  of  — 


impede  or  any  way  interrupt  the  water  carriage  down  the 
Merrimack  river  to  the  mouth  thereof. 

And  be  it  further,  enacted  That  if  any  person  [s]  or 
persons  shall  wilfully  maliciously  and  contrary  to  Law 
take  up  remove,  beat  down,  dig  under  or  otherwise  dam- 
nify any  dam,  canal  or  Lock  or  part  thereof  designed  for 
the  purposes  aforesaid,  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  said  works  or 
shall  be  aiding  or  assisting  in  any  of  the  trespasses  afore- 
said, he  shall  for  every  such  offence  forfeit  and  pay  to  the 
proprietors  aforesaid  treble  such  damages  as  the  said  Pro- 
prietors shall  to  the  Justice  or  Court  and  Jury  before 
whom  the  trial  shall  be,  make  appear  that  they  have  sus- 
tained by  means  of  the  same  trespass,  to  be  sued  for  & 
recovered  in  any  Court  proper  to  try  the  same,  and  such 
Offender  or  offenders  shall  be  liable  to  presentment  by 
the  Grand  Inquest  for  said  County  of  Middlesex  for  any 
offence  or  offences  against  this  law,  &  on  conviction 
thereof  on  such  presentment  before  the  Court  of  General 
Sessions  of  the  peace  for  said  County,  or  before  the 
Supreme  Judicial  Court,  shall  be  liable  to  pay  a  fine  to 
the  use  of  the  Commonwealth  of  not  more  than  twenty 
pounds  nor  less  than  five  pounds  or  be  imprisoned  for  a 
term  not  more  than  three  months  nor  less  than  thirty 
days,  at  the  discretion  of  the  Court  before  whom  the  con- 
viction shall  be. 

And  be  it  enacted  by  the  authority  aforesaid,  that  the 
proprietors  aforesaid  be,  and  they  hereby  are  authorized 
and  empowered  to  purchase  &  hold  to  them  and  their 
successors  forever  so  much  land  &  real  estate  as  may  be 
necessary  for  the  purposes  aforesaid,  not  exceeding  the 
value  of  five  thousand  pounds. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  for  the  purposes  of  re-imbursing  the  said  proprietors 
the  money  liy  them  expended  or  to  be  expended  in  build- 
ing and  supporting  the  dams,  canals  and  locks  and  clear- 
ing the  passages  necessary  for  the  purposes  aforesaid,  a 
toll  be  and  is  hereby  granted  and  established  for  the  sole 
benefit  of  the  proprietors  according  to  the  rates  following  ; 
viz;  For  every  ton  weight  that  shall  be  transported  in 
boats  or  other  Vessels  through  the  said  Canal  between 
the  Bridge  in  Medford  &  Merrimack  river  the  sum  of 
four  pence  for  each  mile  —  for  all  masts,  timber  &  lumber 


Acts,  1793.  —  Chapter  22.  417 

floated  on  raft  or  otlierwise  through  the  same  Canal  the 
sum  of  four  pence  a  ton  for  each  mile. 

And  be  it  further  Enacted  hy  the  authority  aforesaid, 
that  there  shall  be  toll  gatherers  and  others  to  attend  all  ^^"{.'e^apj^^nteci. 
Locks  on  said  Canal  in  the  day  time  and   on  the  same 
Canal  at  suitable  places,  who  shall  give  constant  attend- 
ance at  their  respective  stations  during  the  whole  of  the 
season  for  boats  &  rafts  to  pass,  &  on  the  toll  being  paid, 
shall  immediately  permit  passengers  with  their  property 
to  pass  the  said  Locks  and  Canal :  And  the  said  toll  shall 
commence  on  said  Canal,  as  soon  as  the  same  or  any  part 
thereof  shall   be  compleated,   &  shall  continue  forever : 
Provided   that  when  forty  years  from  the  first  opening  [^^g^'^^i'^^g^thl 
thereof  are  expired,  the  General  Court  from  thence  for-  toii. 
ward  may  regulate  the  rate  of  toll,  and  the  same  shall  be 
collected  in  such  manner  as  shall  be  prescribed  to  the  said 
Corporation. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  if  the  proprietors  aforesaid  shall  refuse  or  neglect  ^*™c^ompiethig 
for  the  space  of  ten  years  after  the  passing  this  Act  to  the  canai. 
build  and  compleat  such  Canal  so  as  to  be  passable  in 
manner  as  aforesaid  then  this  Act  so  far  as  it  respects  the 
same  shall  be  void  and  of  none  eifect. 

Apx>roved  June  22,  1793. 

1793.  —  Chapter  22, 

[September  Session,  ch.  1.] 

AN  ACT  TO  INCORPORATE  THE  EAST  PART  OF  GREENFIELD 
IN  THE  COUNTY  OF  HAMPSHIRE  INTO  A  TOWN  BY  THE 
NAME   OF  GILL. 

Be  it  enacted  by  the  Senate  and  House  of  Hepresenta- 
tives  in  General  Court  assembled  and  by  the  Authority  of 
the  same,  that  all  the  East  part  of  the  Town  of  Green-  Boundaries, 
field  in  the  County  of  Hampshire  hereafter  described  shall 
be  sett  off  &  incorporated  into  a  Town  by  the  name  of 
Gill,  beginiog  at  the  center  of  Fall  River  so  called  where 
it  empties  into  Connecticut  River  running  on  said  Con- 
necticut River  with  its  angles,  three  thousand  eight  hun- 
dred &  fifteen  rods  to  a  Black  Oak  Tree,  on  Northfield 
line  from  thence  westerly  on  Northfield  and  Bernard - 
ston  line  to  the  centre  of  the  above  mentioned  Fall 
River,  from  thence  southerly  down  the  centre  of  said 
River  to  the  first  mentioned  bounds  with  all  the  Inhabi- 


418 


Acts,  1793.  —  Chapter  22. 


Gill  incorpo- 
rated. 


—  To  pay  all 
arrearages  of 
taxes  and  debts, 


—  To  maintain 
certain  poor. 


—  To  join  with 
Greenfield  in 
the  choice  of 
Representa- 
tive. 


David  Smead, 
Esq.  to  issue 
warrant. 


tants  thereon  living  be  and  hereby  are  incorporated  into  a 
separate  Town  by  the  name  of  Gill  —  with  all  the  powers 
priviliges  and  immunities  that  Towns  within  this  Com- 
monwealth do  or  may  enjoy. 

Ajid  be  it  further  enacted  by  the  authority  aforesaid 
That  the  Inhabitants  of  the  said  Town  of  Gill  shall  be 
subject  to,  and  pay  all  rates  and  taxes  heretofore  assessed 
upon  them  while  they  belonged  to  the  Town  of  Greenfield 
in  the  same  manner,  as  though  this  Act  had  not  been 
passed ;  and  shall  be  subject  to  pay  their  part  of  all 
debts  due  from  said  Town  of  Greenfield  in  the  same  pro- 
portion as  the  public  taxes  were  paid  in  the  year  of  our 
LORD  one  thousand  seven  hundred  &  ninety  two,  and  also 
shall  receive  according  to  the  same  rule  of  proportion 
their  part  of  all  public  lands,  and  of  all  other  public 
property  whatsoever  belonging  to  the  said  Town  of  Green- 
field at  the  time  of  passing  this  Act. 

And  be  it  further  enacted  that  the  said  town  of  Gill 
shall  be  holden  to  maintain  all  persons  belonging  within 
the  bounds  thereof  who  now  are  or  shall  hereafter  become^ 
chargeable  and  provided  any  person  or  persons  who  have 
removed  from  said  Town  of  Greenfield  shall  hereafter  be 
returned  as  the  poor  of  said  Town  then  &  in  such  case 
the  said  town  of  Gill  shall  be  holden  to  take  and  support 
as  their  poor,  all  those  who  immediately  before  such  re- 
moval were  the  Inhabitants  of  that  part  of  Greenfield 
which  is  now  Gill. 

And  be  it  furtJier  enacted  by  the  authority  aforesaid 
that  untill  the  said  Town  of  Gill  shall  have  a  sufficient 
number  of  rateable  Polls  to  entitle  them  to  send  a  Repre- 
sentative, they  shall  assemble  and  meet  with  the  Town  of 
Greenfield  for  the  purpose  of  choosing  a  Representative 
to  serve  in  the  General  Court  of  this  Commonwealth  — 
The  said  Meeting  to  be  holden  in  the  Towns  of  Green- 
field &  Gill  alternately. 

And  be  it  further  enacted  by  the  authority  aforesaid; 
That  David  Smead  Esqr.  be  and  he  hereby  is  authorized 
and  empowered  to  issue  his  Warrant  to  some  principal 
Inhabitant  of  the  said  Town  of  Gill  requiring  him  to 
notify  and  warn  said  Inhabitants  to  meet  at  some  conven- 
ient time  and  place  in  said  Town,  to  choose  all  such  Offi- 
cers, as  other  Towns  are  by  Law  required  to  choose  in 
the  Month  of  March  or  April  annually. 

Ajyproved  Sejytember  28, 1 793. 


Acts,  1793.  —  Chapter  23.  419 


1793,  — Chapter  33. 

[September  Session,  ch.  2.] 

AN  ACT  TO  ESTABLISH  AN  ACADEMY  IN  THE  TOWN  OF  GROTON, 
BY   THE   NAME    OF   GROTON   ACADEMY. 

Whet^eas  the  encouragement  of  literature  among  the  Preamble. 
rising  generation  has  ever  been  considered  by  the  wise  and 
good  as  an  object  worthy  of  the  most  serious  attention,  and 
the  happiness  of  the  Community  requires  the  dissemina- 
tion of  knowledge  and  learning  among  all  classes  of  citi- 
zens; And  whereas  it  appears  from  a,  petition  of  a  large 
number  of  the  inJiabitants  of  the  town  of  Groton,  and  its 
vicinity,  that  a  sum  of  money  lias  been  subscribed  towards 
erecting  a  suitable  building  for,  and  sujjporting  an  Acad- 
emy in  the  said  town ;  and  as  such  an  Institution  besides 
encouraging  the  interest  of  literature  and  the  sciences,  and 
diffusing  useful  knowle\^^']ge  in  that  part  of  the  Com- 
monwealth, may  otherwise  essentially  promote  the  interest 
thereof; 

Therefore  be  it  Enacted  by  the  Senate  and  House  of  Rep- 
resentatives,  in  General  Court  assembled,  and  by  the  au- 
thority of  the  same,  that  there  be,  and  hereby  is  estal)lished  ^gta^Scj 
in  the  town  of  Groton,  in  the  County  of  Middlesex,  an 
Academy  by  the  name  of  Groton  Academy  for  the  pur- 
pose of  promoting  piety  and  virtue,  and  for  the  education 
of  youth  in  such  languages,  and  such  of  the  liberal  arts 
and  sciences  as  the  trustees  shall  direct :  And  the  honble.  Trustees. 
Oliver  Prescott  esqr.  the  Revd.  Daniel  Chaplin,  the  Revd. 
Zabdiel  Adams,  the  Revd.  Phineas  Whitney,  the  Revd. 
John  Bullard,  the  Revd.  William  Emerson,  the  honble. 
Josiali  Stearns  esqr.  Colo.  Henry  Bromfield,  James 
Winthrop,  Henry  Woods,  Joseph  Moors,  Oliver  Pres- 
cott junr.  Samuel  Dana,  Timothy  Bigelow,  and  Aaron 
Brown  Esquires,  be,  and  they  hereby  are  nominated  and 
appointed  Trustees  of  the  said  Academy,  and  they  are 
hereby  incorporated  into  a  body  politic,  by  the  name  of 
The  Trustees  of  Groton  Academy ;  and  they,  and  their 
successors  shall  be,  and  continue  a  body  politic  and  cor- 
porate by  the  same  name  forever. 

And  be  it  further  Enacted  that  all  the  lands  and  monies  Lands  con- 

1  .     /.  .  1  M       1  ^   •    ^      c        J.^  firmed  to  the 

heretofore  given  or  subscribed,  or  which  for  the  purpose  Trnstees. 
aforesaid  shall  be  hereafter  giveu  granted  and  assigned 
unto  the  said  Trustees,  shall  be  confirmed  to  the   said 


420 


Acts,  1793.  —  Chapter  23. 


Trustees  made 
capable  of 
receiving  and 
holding' prop- 
erty, with  a 


Trustees  em- 
powered to 
elect  OflScers, 
&c. 


Common  Seal. 


Number  of 
Trustees. 


Trustee.s  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  five  thousand  dollars,  and  shall  apply  the  rents  and 
profits  thereof,  in  such  manner,  as  that  the  end  and  de- 
sign of  the  Institution  may  be  most  efiectually  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  re- 
spective offices  ;  to  remove  any  Trustee  from  the  Corpora- 
tion, 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 
Trustees  —  the  method  of  electing  or  removing  Trustees, 
to  ascertain  the  powers  and  duties  of  their  several  officers  ; 
to  elect  Preceptors  &  teachers  of  said  Academy ;  to  de- 
termine the  duties  and  tenures  of  their  offices  ;  to  ordain 
reasonable  rules,  orders,  and  bye  laws  not  repugnant 
to  the  law^s  of  the  Commonw^ealth  with  reasonable  penal- 
ties for  the  good  government  of  the  Academ}^  as  to  them 
the  said  Trustees  and  their  successors  shall  from  time  to 
time,  according  to  the  various  occasions  and  circumstances 
seem  most  fit  and  requisite  ;  all  which  shall  be  observed 
by  the  officers  Scholars  and  Servants  of  the  said  academy, 
upon  the  penalties  therein  contained. 

Be  it  further  Enacted,  that  the  Trustees  of  the  said 
academy  may  have  one  common  seal,  which  they  may 
change  at  pleasure ;  &  that  all  deeds  made,  signed  and 
sealed  with  said  common  seal,  and  duly  executed  by  the 
Treasurer  or  Secretary  of  said  Trustees,  by  their  order, 
shall  be  considered  valid  in  law  as  good  deeds  of  bargain 
and  sale  :  And  that  the  Trustees  of  said  academy  may  sue 
and  be  sued,  in  all  actions  real,  personal  and  mixed,  and 
prosecute  and  defend  the  same  unto  final  judgment  and  ex- 
ecution, by  the  name  of  the  Trustees  of  Groton  academy. 

Be  it  further  Enacted  by  the  authority  aforesaid,  that 
the  number  of  said  Trustees  shall  not  at  any  one  time  be 
more  than  fifteen  nor  less  than  nine,  five  of  whom  shall 
constitute  a  quorum  for  doing  business,  and  a  majority  of 


Acts,  1793.  —  Chapter  24.  421 

the  members  present  at  any  legal  meeting  shall  decide  all 
questions  proper  to  come  before  the  Trustees  —  that  the 
major  part  of  them  shall  consist  of  men  who  are  not  in- 
habitants of  the  town  of  Groton. 

And  it  is  further  Enacted  that  Aaron  Brown  esqr.  be  Aaron  Brown, 

1.  I'T  !•  ij.^j.1-       Esq.author- 

and  he  hereby  is  authorized  and  impowered  to  nx  the  ized. 
time  and  place  for  the  holding  the  first  meeting  of  the 
said  Trustees,  and  to  notify  them  thereof. 

Approved  September  28,  1793.* 

1793.  — Chapter  34. 

[September  Beasion,  ch.  4.] 

AN  ACT  TO  ESTABLISH  AN  ACADEMY  IN  THE  TOWN  OF  WEST- 
FORD  BY  THE  NAME   OF  WESTFORD  ACADEMY. 

Whereas  the  encouragement  of  Literature  among  the  Preamble. 
rising  generation,  has  ever  been  considered  by  the  wise 
and  good,  as  an  object  worthy  of  the  most  serious  attention; 
and  the  freedom  and  happiness  of  the  community  require 
the  dissem[^ni'][u\']ation  of  knovjle\_d']ge  and  learning 
among  all  classes  of  citizens;  And  whereas  it  appears, 
to  this  Court,  that  Zacheus  Wright,  esquire,  and  other 
generous  persons  have  subscribed  upwards  of  One  thou- 
sand pounds,  for  the  benevolent  ptirpose  of  erecting  a  suit- 
able building  for  an  Academy,  and  supporting  the  same 
in  said  Town,  and  that  a  comodious  building  is  now 
erected  for  that  purpose;  And  as  such  an  institution,  be- 
sides encouraging  the  interest  of  literature  and  the  sciences 
and  diffusing  useful  knowle[(\^,ge  in  that  part  of  the  Com- 
monwealth, may  othervnse  essentially  promote  the  interest 
thereof. 

Be  it  therefore,  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled  and  by  the 
authority  of  the  same.  That  there  be  and  hereby  is  es-  Academy 
tablished  in  the  Town  of  Westford,  in  the  County  of  Mid-  ^^'^ 
dlesex,  an  Academy  by  the  name  of  Westford  Academy, 
for  the  purpose  of  promoting  piety  and  virtue,  and  for  the 
education  of  youth,  in  such  languages,  and  such  of  the 
liberal  arts  and  sciences,  as  the  Trustees  shall  direct ;  and 
that  the  Revd.  Moses  Adams,  Revd.  Caleb  Blake,  Revd. 
Ezra  Ripley,  Honble.  Ebenezer  Bridge  &  Joseph  B.  Var- 
num  Esqrs.  Zaccheus  Wright,  Sampson  Tuttle  &  James 

*  The  latter  portion  of  this  engrossed  act  was  accidentally  rendered  illegible 
after  approval  liy  the  governor.  The  new  draft  made  of  that  part  is  signed  by  the 
presiding  officers  of  both  branches  of  the  general  court,  but  not  by  the  governor. 


422 


Acts,  1793.  —  Chapter  24. 


Trustees 
incorporated. 


Gifts,  &c.  con- 
firmed to  paid 
Trustees,  for 
the  use  of  the 
Academy. 


Trustees  em- 
powered — 


—  to  choose 
Officers,  &c. 


Prescott  Junr.  Esqrs.  Messrs.  John  Abott  Jonathan  Car- 
ver &  Charles  Proctor  be  and  they  hereby  are  nominated 
and  appointed  Trustees  of  the  said  Academy  ;  &  they  are 
hereby,  incorporated  into  a  body  politic  by  the  name  of 
The  Trustees  of  Westford  Academy,  and  they  and  their 
successors,  shall  be  and  continue,  a  body  politic  and  cor- 
porate, by  the  same  name  forever. 

And  be  it  further  enacted  hy  the  authority  aforesaid, 
That  all  the  lands  and  monies,  and  other  property  and 
things,  heretofore  given,  granted,  or  subscribed,  or  which, 
for  the  purpose  aforesaid,  shall  be  hereafter  given,  granted, 
devised,  bequeathed,  transferred,  or  assigned  unto  the  said 
Trustees,  shall  be  confirmed  to  the  said  Trustees  and  their 
successors  in  that  trust  forever,  for  the  use  which,  in  such 
instrument  or  instruments  shall  be  expressed ;  and  they 
the  said  Trustees  shall  be  further  capable  of  taking,  hav- 
ing and  holding  in  fee  simple,  by  gift,  grant,  devise,  be- 
quest, or  otherwise,  any  lands,  tenements,  hereditaments, 
or  other  estate,  real  or  personal,  provided  the  annual 
income  thereof  shall  not  exceed  the  sum  of  Five  thousand 
dollars  and  shall  apply  the  rents  and  proffits  thereof  in 
such  a  manner,  as  that  the  end  and  design  of  the  institu- 
tion may  be  more  effectually  promoted. 

And  be  it  further  enacted  by  the  authority  aforesaid. 
That  the  said  Trustees  shall  have  full  power  from  time  to 
time,  as  they  shall  determine  to  elect  such  OflScers  of  the 
said  Academy  as  they  shall  judge  necessary  and  conven- 
ient, and  fix  the  tenures  of  their  respective  oflSces  ;  to 
remove  any  Trustee  from  the  corporation,  when  in  their 
opinion  he  shall  be  incapable,  through  age  or  otherwise, 
of  discharging  the  duties  of  his  office  ;  to  fill  all  vacancies 
in  the  corporation,  by  electing  such  persons  for  Trustees 
as  they  shall  think  fit  and  best ;  to  determine  the  times 
and  places  of  their  meetings,  the  manner  of  notifying  the 
said  Trustees  and  the  method  of  electing  and  removing 
Trustees ;  to  ascertain  the  powers  and  duties  of  their  sev- 
eral officers ;  to  elect  Preceptors  and  Teachers  of  said 
Academy  and  to  determine  their  powers  and  duties,  and 
fix  the  tenures  of  their  offices ;  to  make  and  ordain  rea- 
sonable rules,  orders  and  bye  laws  not  repugnant  to  the 
laws  of  this  Commonwealth,  with  reasonable  penalties  for 
the  good  government  of  the  said  Academy,  as  to  them 
the  said  Trustees,  and  their  Successors,  shall  from  time 
to  time,  according  to  the  various  occasions  and  circum- 


Acts,  1793.  —  Chapter  25.  423 

stances  seem  most  fit  and  requisite  all  which  shall  be 
observed  by  the  officers,  students  and  servants  of  the  said 
Academy,  upon  the  pains  and  penalties  therein  contained. 

And  be  it  further  enacted  by  the  authority  aforesaid^ 
That  the  Trustees  of  the  said  Academy  may  have  one  com-  common  seai. 
mon  Seal,  which  they  may,  at  pleasure,  break,  alter  and 
renew,  and  that  all  deeds  signed,  sealed,  with  their  seal, 
delivered  and  acknowle[(Z]ged  by  the  Treasurer  or  Sec- 
retary of  said  Trustees  by  their  order  shall  when  made  in 
their  name,  be  considered  as  their  Deed,  and  valid  in  law, 
and  that  the  Trustees  of  said  Academy  may  sue  and  be  Trustees  may 
sued,  in  all  actions,  real,  personal  or  mixed,  and  prosecute  sued. 
and  defend  the  same  unto  final  judgment,  execution  and 
satisfaction,  by  the  name  of  The  Trustees  of  Westford 
Academy. 

And  be  it  further  enacted  by  the  authority  aforesaid. 
That  the  number  of  said  Trustees  shall  not  at  any  one  Number  of 

the  Trustees 

time,  be  more  than  fifteen,  nor  less  than  nine,  five  of  limited. 
whom  shall  constitute  a  quorum  for  transacting  bussiness, 
and  a  majority  of  the  members  present  at  any  legal  meet- 
ing, shall  decide  all  questions  proper  to  come  before  the 
Trustees  ;  and  that  a  major  part  of  said  Trustees  shall 
consist  of  men  who  are  not  Inhabitants  of  the  Town  of 
Westford. 

And  be  it  further  enacted  by  the  authority  aforesaid. 
That  Zacheus  Wright  Esquire  lie,  and  he  hereby,  is  au-  fy^^'h^^Es 
thorized   and  impowered  to  fix   the  time  and    place  for  impoweVed. 
holding  the  first  meeting  of  said  Trustees,  and  to  notify 
them  thereof.  Apjjvoved  September  28,  1793. 

1793.  —  Chapter  35. 

[September  Session,  ch.  3.] 

AN  ACT  TO  EMPOWER  THE  PROPRIETORS  OF  THE  SOUTH 
MEETING  HOUSE  IN  THE  SOUTH  PARISH  IN  DANVERS,  IN 
THE  COUNTY  OF  ESSEX.  TO  RAISE  MONEY  BY  A  TAX  ON 
THE  PEWS  AND  SUCH  SEATS  IN  THE  SAID  MEETING  HOUSE, 
AS  THE  PROPRIETORS  OF  SAID  MEETING  HOUSE  SHALL 
THINK  PROPER,  AND  MAKING  PROVISION  FOR  THE  DISSO- 
LUTION OF  SAID  PARISH. 

Whereas  application  has  been  made  to  this  Court  by  the  Preamble. 
Inhabitants  of  the  South  Parish  in  Danvers  in  the  County 
of  Essex,  representing ,  that  many  inconveniences  arise  to 
them  from  their  present  mode  of  supporting  and  maintain- 
ing a  public  Teacher  of  Religion,  and  for  paying  other 


424 


Acts,  1793.  —  Chapter  25. 


Proprietors 
impowered. 


Further  em- 
powered. 


Proprietors 
may  sell  pews 
for  taxes. 


charges  incidental  thereto,  and  desiring  that  for  the  future 
the  same  may  be  done  by  taxes  to  be  laid  on  the  Pews  and 
such  seats,  as  the  Proprietor's  of  said  Meeting  house  shall 
think  proper  and  that  said  Parish  may  be  dissolved. 

Be  it  therefore  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled  and  by  the 
Authority  of  the  same,  that  the  Proprietors  of  said  South 
meeting  house,  be  and  hereby  are  authorized  and  impow- 
ered to  raise  by  a  tax  on  the  Pews  and  such  Seats  in  said 
Meeting  house  as  are  above  mentioned  such  sum  or  sums 
of  money  as  the  Proprietors  thereof,  at  a  legal  meeting 
called  for  that  purpose  shall  vote  and  agree  upon,  for  the 
purpose  of  supporting  and  maintaining  a  public  teacher 
of  piety  religion  and  morality,  for  defraying  the  ministe- 
rial and  all  other  charges  incident  thereto  ;  and  at  such 
meeting  to  choose  all  such  Officers  as  are,  or  shall  be  nec- 
essary to  manage  and  transact  all  the  bussiness  of  said 
Propriety. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  Proprietors  of  said  South  meeting  house,  be  and 
are  hereby  empowered  by  themselves  or  their  Committee, 
duly  chosen,  to  cause  the  Pews  and  Seats  in  the  said 
Meeting  house  to  be  valued  according  to  the  convenience 
and  situation  thereof,  and  to  alter  from  time  to  time  such 
valuation,  as  may  be  found  necessary,  and  to  determine 
what  sum  each  Pew  or  part  of  a  Pew  and  Seat  shall  pay, 
toward  the  expences  and  charges  aforesaid,  and  the  time 
and  manner  in  which  the  same  shall  be  paid ;  and  if  any 
Proprietor  or  Owner  of  a  Pew  or  part  of  a  Pew  or  Seat 
shall  neglect  or  refuse  to  pay  the  sum  or  sums  assessed 
thereon  for  a  longer  time  than  twenty  days  after  notice 
of  such  assessment  having  been  given  him  by  the  Col- 
lector, such  Proprietor  or  owner  shall  pay  to  the  use  of 
said  Proprietor  [s],  over  and  above  the  said  Tax  or  assess- 
ment, from  the  expiration  of  said  twenty  days,  at  and 
after  the  Rate  of  Six  per  Centum  per  annum  on  such  Tax 
or  assessment,  and  if  the  same  together  with  the  Interest 
aforesaid  shall  not  be  paid  within  one  Year  from  the  ex- 
piration of  said  twenty  days  the  said  Proprietors  may  and 
are  hereby  authorized  &  empowered,  by  themselves  or 
their  Committee  to  sell  &  dispose  of  the  Pew  or  part  of 
a  Pew  or  Seat  of  such  delinquent,  in  such  way  and  man- 
ner as  shall  be  agreed  on  by  said  Proprietors,  and  after 
deducting  from  the  Sale  thereof,  the  said  Tax  or  Assess- 


Acts,  1793.  —  Chapter  25.  425 

ment  with  the  Interest  thereof,  accruing  as  aforesaid,  and 
the  charges  of  the  sale,  the  overi)lus  (if  any)  shall  be 
paid  to  the  person  so  delinquent ;  Provided  nevertheless^  proviso. 
that  when  the  Proprietor  or  owner  of  any  Pew  or  part  of 
a  Pew  or  Seat,  shall  make  a  tender  of  the  same  to  the  said 
Proprietor  [.9]  or  their  Committee  for  the  sums  the  same 
shall  be  valued  at  as  aforesaid,  and  they  shall  refuse  or 
neglect  to  accept  the  same,  no  further  sum  shall  be  de- 
ducted out  of  the  Sale  of  said  Pew  or  part  of  a  Pew  or 
Seat,  but  such  only  as  shall  have  become  due  before  the 
making  such  tender,  and  the  charges  of  sale. 

And  he  it  further  enacted  hy  the  authority  aforesaid, 
that  from  and  after  the  passing:  this  Act,  the  said  South  Dissolution 

-r>«iiii  •iii-»«i  •  1       of  the  South 

Parish  shall  cease  to  exist  and  be  a  Parish,  excepting  only  Parish. 
for  the  purposes  and  intents  following,  that  is  to  say,  for 
settling  and  fully  compleating  all  such  transactions  and 
accounts  relating  to  the  same,  and  collecting  all  such  sums 
of  Money  as  have  heretofore  been  Voted  &  assessed  on 
the  Inhabitants  thereof;  and  now  remain  uncollected  & 
for  making  a  settlement  with  their  collector  &  Treasurer, 
and  to  be  liable  in  law  for  all  debts,  which  as  a  Parish, 
they  may  now  owe,  if  any  such  there  be,  &  in  case  there 
is  not  Money  already  Voted  and  assessed  sufficient  to  pay 
and  discharg[e]  such  debts,  to  vote  such  further  sums  as 
may  or  shall  be  necessary  therefor,  &  to  choose  such  Offi- 
cers as  ma}^  be  necessary  to  assess  collect  &  receive  the 
same,  and  for  holding  and  managing  all  lands  Tenements 
&  heridittaments  already  belonging  to  the  Inhabitants  of 
said  Parish,  in  case  the  same  should  not  enure  &  vest 
in  the  Proprietors  of  the  said  South  Meeting  house  as  is 
herein  after  mentioned. 

And  be  it  further  enacted  by  the  authority  aforesaid 
that  all  the  Lands  Tenements  and  heredittaments  which  ^^"''f  pfjf^^i'J! 
do  now  belong  to  the  Inhabitants  of  said  Parish  for  the  tors. 
use  of  the  Ministry,  or  for  the  use  of  the  said  Parish,  or 
for  any  other  uses  and  purposes  shall  forthwith  enure  and 
be  vested  in  the  Proprietors  of  said  South  Meeting  house, 
for  the  use  of  the  Ministry,  or  for  such  other  uses  and 
purposes,  and  in  as  full  and  ample  a  manner,  as  the  said 
Inhabitants  of  said  Parish  had  and  would  have  had,  if  the 
said  Parish  had  not  been  dissolved ;  and  the  said  Proprie- 
tors of  said  South  Meeting  house  are  hereby  constituted 
and  declared  to  be  the  Successors  of  said  South  Parish  in 
Danvers,  and  shall  be  vested  with  all  the  powers  &  privi- 


426 


Acts,  1793.  —  Chapter  26. 


Clerk, 


■  his  fluty. 


Richard  Ward, 
Esq.  to  issue 
warrant. 


liges  that  Precincts  or  Parishes  within  this  Commonwealth 
are  vested  with,  relative  to  their  a^reeino'  with  &  settlins: 
a  Public  teacher  or  teachers  of  piety  religion  and  moral- 
ity ;  &  shall  likewise  be  liable  to  all  penalties  that  par- 
ishes or  precincts  are  liable  to  for  their  neglect  in  not 
settling  and  supporting  such  public  teacher. 

And  he  it  further  enacted  by  the  authority  aforesaid 
that  in  case  there  should  be  no  Clerk  of  said  Parish  in 
existence,  that  then  all  the  Records,  Books  and  papers 
wdiich  did  belong  to,  or  any  way  respect  the  said  Inhabi- 
tants of  said  Parish,  shall  be  delivered  by  the  person  in 
possession  of  the  same  to  the  Clerk  of  the  Proprietors  of 
said  Meeting  house,  to  be  carefully  &  safely  kept.  — and 
it  is  hereby  made  the  duty  of  such  Clerk,  to  make  out 
true  correct  &  attested  Copies  of  all  such  papers  &  records 
relating  to  said  Parish,  at  the  request  of  any  person  de- 
siring the  same,  he  paying  to  such  Clerk  the  legal  fee  for 
copying  the  same,  all  which  Copies  signed  and  attested 
by  such  Clerk,  shall  be  as  valid  as  though  said  Parish  had 
continued,  and  as  though  the  same  had  been  attested  by 
the  Clerk  of  said  Parish. 

And  he  it  further  enacted  hy  the  authority  aforesaid, 
that  Richard  Ward  Esqr.  be  and  he  is  hereby  empowered 
to  issue  his  Warrant,  directed  to  some  principal  Proprie- 
tor of  said  South  Meeting  house,  requiring  him  to  notify 
and  warn  the  Proprietors  thereof,  to  meet  and  assemble 
at  such  time  at  said  Meeting  house,  as  by  said  Warrant 
shall  be  appointed,  to  choose  all  such  necessary  Officers 
as  by  Law  are  required,  &  are  usual  for  Proprietors  of 
Real  Estates  to  choose  at  their  annual  meeting.  —  And 
that  the  Proprietors  of  said  Meeting  house  may  at  such 
Meeting,  agree  and  determine  on  a  time  for  their  annual 
meetings,  and  on  a  mode  for  calling  those,  and  all  other 
occasional  meetings  and  the  place  of  such  meetings. 

Approved  September  28,  1793. 


Preamble. 


1793.  —  Chapter  36. 

[September  Session,  oh.  5.] 
AN  ACT  FOR  NATURALIZING  PIERRE  BRIAMANT. 

Whereas  Pierre  Briamant  resident  in  Boston  in  the 
County  of  Suffolk,  has  2)etitioned  the  General  Court  that 
he  may  he  naturalized,  and  be  entitled  to  all  the  rights  and 
jyriviledges  of  a  free  citizen  of  this  Commonivealth. 


Acts,  1793.  —  Chapter  27.  427 

Be  it  enacted  by  the  Senate  and  House  of  Rejivesenta- 
iives  in  General  Court  asse?Jibled,  and  hy  the  authority  of 
the  same,  that  Pierre  Briamant,  first  taking  and  suliscrib-  Naturalization. 
ins:  the  oath  of  allegiance  to  this  Commonwealth  before 
two  Justices  of  the  peace,  quorum  unus,  shall  be  deemed, 
adjudged,  and  taken  to  be  a  free  citizen  of  this  Common- 
wealth, and  entitled  to  all  the  liberties,  priviledges,  and 
immunities  of  a  citizen  thereof. 

And  be  it  further  enacted,  that  the  Justices  before  whom  justices  shaii 
the  said  Pierre  Briamant  shall  take  the  oath  aforesaid  shall  [fticaTe!"'*"^' 
return  a  certificate  of  the  same  into  the  Secretary's  oflice, 
to    be    entered    on  the   Records  of  this  Commonwealth, 
within  thirty  days  from  the  time  they  shall  administer  the 
same.  Approved  September  28,  1793. 

1793.  — Chapter  27. 

[January  Session,  ch.  1.] 

AN  ACT  TO  INCORPORATE  BENJAMIN  GREENLEAF  ESQUIRE  & 
OTHERS  FOR  THE  PURPOSE  OF  ESTABLISHING  A  WOOLEN 
MANUFACTORY. 

Whereas  Benjamin  Greenleaf  Esquire  and  others  here-  Preamble. 
inafter  named  have  associated  themselves  together  for  the 
purpose  of  introducing  and  establishing  a  Wo\^o']llen  Man- 
ifactory  in  the  County  of  Essex,  and  hove  petitioned  the 
General  Court,  that  they  may  be  made  a  Body  Politic  and 
corporate  with  such  powers  as  may  enable  them  more  con- 
veniently and  effectually  to  execute  the  said  purpose :  There- 
fore 

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  Benjamin  Greenleaf  Esquire,  and  porat'e"ci' '"''°' 
Philip  Aubin,  William  Bartlet,  Richard  Bartlett,  Offin 
Boardman  junior,  Moses  Brown,  David  Cofiin,  William 
Coomlxs,  John  Coombs,  Mark  Fitz,  AndreAV  Frothingham, 
Jonathan  Gage,  Abel  Greenleaf,  John  Greenleaf,  Michael 
Hodge,  William  Peirce  Johnson,  Nicholas  Johnson,  James 
Kettel,  Nathaniel  Knap,  James  Knight,  Peter  Le  Breton, 
Joseph  Moulton,  William  Noyes,  John  Obrian,  Theoph- 
ilus  Parsons,  James  Prince,  William  Welstead  Prout, 
Edward  Rand,  Joseph  Stanwood,  Ebenezer  Wheelwright 
and  Edward  Wigglesworth  with  such  other  persons,  as 
have  with  them  already  associated  and  all  those,  who  may 
hereafter  become  Proprietors  in  the  said  Manufiictory  be, 


428 


Acts,  1793.  —  Chaptek  27. 


Their  name. 


Allowed  the 
poBseseion  of 
real  estate. 


Proviso. 


Their  powers 
in  election  of 
officers. 


Proviso. 


Shares  to  be 
numbered,  and 
certificates 
given. 


and  they  are  hereby  constituted  and  made  a  body  politic 
and  corporate  by  the  name  of  The  Proprietors  of  the 
Xewbury  Port  Woolen  Manufactory  and  by  that  name 
may  sue  and  be  sued,  in  all  actions  real  personal  and 
mixed,  to  final  judgment  and  execution,  and  may  do  and 
suffer  all  acts  matters  and  things  which  bodies  politic  may 
or  ought  to  do  and  suffer,  and  mav  have  and  use  a  com- 
mon  seal,  and  the  same  may  break  and  alter  at  their  pleas- 
ure ;  Provided  hoivever,  that  any  Proprietor,  alienating 
his  Interest  or  property  in  the  said  Manufactory  shall 
thereupon  cease  to  be  a  Member  of  the  said  Corporation. 

And  be  it  further  enacted  by  the  Authority  aforesaid, 
That  the  said  Corporation  may  lawfully  be  seized  and 
possessed  of  such  real  estate,  as  may  be  necessary,  or 
convenient  for  establishing  and  carrying  on  the  said  Man- 
ufactory, and  also  of  as  large  a  Personal  Estate  as  shall 
be  actually  employed  therein.  Provided  such  real  estate 
shall  not  exceed  the  value  of  ten  thousand  Pounds  &  the 
personal  estate  Eighty  thousand  Pounds. 

And  be  it  further  enacted  by  the  Authority  aforesaid. 
That  the  said  Corporation  shall  have  full  power  from  time 
to  time  at  any  legal  meeting  to  choose  a  Clerk  who  shall 
be  sworn  to  the  faithful  discharge  of  his  duty,  a  Treas- 
urer and  such  Officers,  Directors,  Agents,  and  Factors  as 
to  the  said  Corporation  shall  appear  necessary  or  con- 
venient for  the  regulation  and  Government  of  the  said 
Corporation,  and  for  carrying  into  effect  the  purpose 
aforesaid,  and  to  establish  the  tenures,  duties  and  compen- 
sations of  the  said  Clerk  Treasurer,  Officers,  Directors, 
Agents  and  Factors ;  and  also  to  make  reasonable  rules 
and  Bye  Laws  for  the  purposes  aforesaid,  with  reasonable 
■  Penalties  not  exceeding  the  sum  of  Ten  Pounds  Lawful 
Money  thereto  annexed,  and  the  same  to  repeal  at  their 
pleasure.  Provided  however  ih.2it  the  same  Rules  and  Bye 
Laws  are  not  repugnant  to  the  Constitution  and  Laws  of 
this  Commonwealth.  And  this  Act  together  with  all  Rules 
Bye  Laws,  and  other  proceedings  of  the  said  Corporation, 
shall  be  fairly,  truly,  and  seasonably  recorded  by  the 
Clerk  in  a  Book,  or  Books  to  be  provided  and  kept  for 
that  purpose. 

And  be  it  further  enacted  by  the  Authority  aforesaid 
That  all  the  Shares  in  the  said  Manufactory  shall  ))e  num- 
bered in  progressive  order  l)egining  at  Number  One,  and 
every  original  Proprietor  shall  have  a  Certificate,  under 


Acts,  1793.  —  Chapter  27.  429 

the  Seal  of  the  Corporation,  and  signed  by  the  Treasurer, 
certifying  his  Property  in  such  share  as  shall  be  expressed 
in  the  said  Certificate.  And  any  share  may  be  alienated  ^i^aLd" 
by  the  Proprietor  by  Deed  under  his  hand  and  Seal,  and 
acknowledged  before  some  Justice  of  the  Peace  and  re- 
corded by  the  Clerk  in  a  Book  to  l)e  kept  for  that  purpose 
and  not  in  any  other  manner,  except  in  the  cases  herein- 
after provided.  And  any  Purchaser  shewing  to  the  Treas- 
urer such  Deed  so  recorded,  and  delivering  up  to  him  the 
former  Certificate  shall  be  entitled  to  a  New  Certificate, 
executed  in  form  aforesaid,  certifying  the  property  of 
such  share  to  be  in  the  Purchaser.  Provided  however,  Provisos. 
that  when  any  Proprietor  shall  die  possessed  of  any  share 
or  shares,  the  Executor  of  his  last  Will,  if  there  be  one, 
or  Administrator  of  his  Estate,  upon  producing  to  the 
Treasurer  the  former  Certificate  or  Certificates,  shall  be 
entitled  to  a  new  Certificate  or  Certificates,  executed  in 
form  aforesaid,  certifying  the  Property  of  such  Share  or 
Shares,  to  belong  to  such  Executor  or  Administrator, 
who  shall  hold  such  Share  or  Shares  in  trust  to  be  dis- 
posed of  according  to  the  last  Will  of  the  deceased  Proprie- 
tor or  according  to  the  provissions  of  Law.  And  j)rovided 
further,  that  any  share  in  the  said  Manufactory  may  be 
attached  on  original  Process  or  levied  upon  by  execution, 
at  the  suit  of  any  Creditor  of  the  Proprietor  of  such 
Share,  by  the  Officer,  having  the  Process  to  execute  giv- 
ing to  the  Treasurer,  or  leaving  at  his  place  of  abode,  a 
Certificate  in  writing  shewing  that  he  hath  attached  or 
taken  in  execution  such  Proprietor's  share  at  the  suit  of 
such  Creditor ;  and  the  Ofiicer  may  proceed  to  sell  at 
Public  Auction,  and  execute  and  acknowle[cZjge  a  Deed 
of  such  Proprietor's  Share,  in  the  same  manner,  and  under 
the  same  regulations,  and  not  otherwise,  as  he  might  by 
Law,  sell  any  other  chattel  of  such  Proprietor,  attached, 
or  levied  upon,  at  the  same  time,  to  satisfy  the  execution 
of  the  Creditor.  And  the  Purchaser  producing  to  the 
Treasurer  a  Deed  under  the  hand  and  seal  of  such  Ofiicer, 
acknowie[<Z]ged  and  recorded  as  aforesaid,  shall  be  entitled 
to  a  Certificate  from  the  Treasurer,  executed  as  aforesaid 
certifying  the  property  of  such  share  to  be  in  the  Pur- 
chaser. And  the  Treasurer  shall  have,  recorded  in  a  Names  of  the 
Book  to  be  kept  for  that  purpose  a  Schedule  of  the  names  CeTcofded!" 
of  all  the  Proprietors  of  the  said  Manufactory,  of  the  sev-  ^s^Pg^JJio^n 
eral  shares  of  which  each  Proprietor  is  owner  and  of  the 


430  Acts,  1793.  —  Chapter  27. 

numbers  annexed  to  such  Shares ;  and  such  Book  shall  be 
open  to  the  inspection  of  any  Sheriff,  Deputy  Sheriff,  or 
Coroner,  having  process  to  execute  against  any  Proprie- 
tor Avhen  demanded,  upon  payment  to  the  Treasurer  by 
such  Officer,  of  One  shilling  for  each  Inspection. 

Arid  be  it  further  enacted  hy  the  Authority  aforesaid, 

miBuJmoney.  ^hat  the  Said  Corporation  may  from  time  to  time  at  any 
legal  meeting,  assess  upon  each  Share,  such  sum,  and  sums 
of  Money,  as  shall  be  judged  by  the  said  Corporation, 
necessary  for  raising  a  Capital,  for  the  establishing  and 
carrying  on  of  the  said  Manufactory,  for  defreying  the 
expences  thereof,  and  of  other  charges  incident  thereto, 
to  be  paid  to  their  Treasurer  at  such  time  or  times,  or  by 
such  installments,  as  shall  be  directed  by  the  said  Corpo- 

AppropriatioDB.  ratiou  ;  and  may  also  appropriate  the  Funds  of  the  said 
Corporation,  for  erecting  Mills,  and  Work  houses,  pur- 
chasing engines,  and  raw  materials,  retaining  workmen, 
and  for  such  other  purposes  and  uses,  as  may  be  judged 
by  the  said  Corporation,  or  by  one  or  more  persons  by 
the  said  Corporation  intrusted  therefor,  most  effectual  for 
establishing  and  supporting  the  said  Manufactory  and  for 
defreying  the  expences  thereof,  and  the  charges  incident 

Shares  may  be    thereto.     And  if  the  Sum  assessed  on  any  Share,  shall  be 

sold  on  which       .  .,.,.,  ,*;  .  „ 

assessments  are  m  arrcar  and  unpaid,  either  in  the  whole  or  in  part,  for 
^^   '  ten  days  after  the  time  directed  for  payment  as  aforesaid, 

the  Treasurer  shall  have  full  power  and  authority  to  sell 
such  Share  at  Public  Auction,  to  the  highest  bidder,  the 
time  and  place  of  such  Sale  being  made  public,  five  days 
at  least  before  such  Sale,  in  such  manner  as  the  Corpora- 
tion shall  have  before  directed  by  some  uniform  rule  or 

Treasurer  to      Bvc  Law,  made  for  that  v)urpose.     And  upon  such  Sale, 

execute  deeds  irn  ii  ii  iiii 

in  case  of  such  tlic  Trcasurcr  may  execute  and  acknowledge  a  legal  deed 
thereof  to  the  highest  bidder  which  Deed  being  recorded 
by  the  Clerk,  and  produced  to  the  Treasurer  so  recorded, 
he  shall  give  to  the  purchaser  a  Certificate  executed  as 
aforesaid  certifying  that  the  property  of  such  Share,  is  in 
such  purchaser.  And  the  Treasurer  shall  deduct  from  the 
Purchase  Money  so  much  of  the  said  assessment  as  shall 
be  in  arrear,  and  the  reasonable  charges  of  Sale,  and  the 
residue  he  shall  pay  to  the  delinquent  Proprietor  or  his 
order,  upon  demand  made  to  the  Treasurer  for  that  pur- 

Proviso.  })ose.     Provided  however  that  any  delinquent  Proprietor, 

or  any  other  person  on  his  behalf,  may  at  any  time  before 
the  Sale  pay  to  the  Treasurer  the  sum  in  arrears  as  afore- 


Acts,  1793.  —  Chapter  27.  431 

said,  and  the  reasonable  charges  the  Treasurer  may  have 
been  at  in  preparing  for  the  Sale,  and  upon  such  payment, 
the  Treasurer  shall  proceed  no  further  to  such  Sale. 

And  be  it  further  enacted  by  the  Authority  aforesaid, 
That  all  Dividends  of  Monies  arising  from  the  profits  of  Profits  to  be 
the  said  Manufactory,  shall  be  apportioned  upon  the  sev-  equally?"^ 
eral  Shares  equally ;  that  no  Dividend  shall  l3e  made,  but 
pursuant  to  a  Vote  of  the  Corporation,  passed  at  a  Meet- 
ing legally  called.  And  if  the  Treasurer  shall  neglect  or 
refuse  to  pay  any  Proprietor  the  Dividend  in  the  Treas- 
urer's hands  due  to  such  Proprietor  on  request  made,  such 
Proprietor  may  recover  the  same,  by  Action  at  Law 
against  the  Treasurer  with  double  costs  of  Suit. 

And  be  it  further  enacted  by  the  Authority  aforesaid, 
That  the  Clerk  for  recording  any  Deed  shall  be  entitled  Trea'^suVe^s 
to  receive  from  the  Grantee  therein  named,  three  shillings  fees. 
and  no  more.     And  the  Treasurer  shall  be  entitled  to  the 
like  sum  of  money  for  granting  any  Certificate  under  the 
Seal  of  the  Corporation,  and  signed  by  him  ;  Provided  P'o^^so- 
hotvever,  he  shall  not  be  entitled  to  any  fee,  for  any  such 
Certificate,  when  first  granted  to  an  original  Proprietor. 

And  be  it  furtJter  enacted  by  the  Authority  aforesaid. 
That  any  three  of  the  said  Proprietors,  of  which  the  said  Persons  author- 

•  ized  to  call 

Benjamin  Greenleaf  Esquire  shall  be  one,  may  by  adver-  meetings. 

tisement  in  the  Impartial  Herald  call  the  first  Meeting  of 

the  said  Corporation  to  be  holden  at  any  suitable  time  and 

place,  in  the  said  Advertisement  mentioned,  five  days  at 

the  least,  after  the  first  publication  of  such  Advertisement ; 

and  all  future  meetings  of  the  said  Corporation  shall  be 

called  in  such  method,  and  by  such  Officer  or  Officers,  as 

the  said  Corporation  shall,  at  their  said  first  Meeting,  or 

at  any  future  Meeting  hereafter  direct.     And  at  any  and  Method  of 

n    T»/r  •  n     ^  -I   r^  •  procedure  in 

all  Meetings  oi  the  said  Corporation,  every  Election,  Act,  meetings. 
Vote  Order  or  other  proceeding  of  the  said  Corporation, 
shall  be  made  and  determined  by  a  majority  of  the  Votes 
given  in,  and  any  Proprietor  not  personally  present  at 
any  Meeting  may  Vote  by  his  Representative  present, 
duly  appointed  by  writing  under  the  hand  of  such  absent 
Proprietor :  —  which  appointment  shall  be  produced  and 
[and]  filed  with  the  Clerk.  And  no  Person  shall  be  taken 
to  be  a  Proprietor,  qualified  to  Vote  at  any  meeting  after 
the  first,  either  Personally  or  by  his  Representative  unless 
he  hath  received  from  the  Treasurer,  a  Certificate,  under 
the  Seal  of  the  said  Corporation ,  and  signed  by  the  Treas- 


432 


Acts,  1793.  —  Chapter  28. 


urer  certifying  such  Proprietors  property  in  the  said  Man- 
ufactory, in  manner  as  above  in  this  Act  is  directed. 

And  be  it  further  enacted  hy  the  Authority  aforesaid, 
That  this  Act  shall  be  deemed  and  taken  to  be  a  Public 
Act  and  as  such,  may  be  declared  upon  and  given  in  evi- 
dence in  any  Court  of  Law,  Avithout  specially  pleading 
the  same.  January  29,  1794.* 


Prenmble. 


Bonndariea. 


Farmington 
incorporated. 


William  Reed, 
Esq.  empow- 
ered. 


1793.  —  Chapter  38. 

[January  Session,  ch.  2.] 

AN  ACT  TO  INCORPORATE  THE  PLANTATION  OF  SANDY  RIVER 
WITH  THE  INHABITANTS  THEREOF  INTO  A  TOWN  BY  THE 
NAME   OF  FARMINGTON. 

Whereas  application  has  been  made  to  this  Court,  by  a 
number  of  the  Inhabitants  of  the  Plantation  called  Sandy 
River,  in  the  County  of  Lincoln  to  have  said  Plantation 
with  the  Inhabitants  thereon,  incorporated  into  a  Toivn; 
and  the  same  being  considered  of  public  utility. 

Be  it  ejiacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority 
of  the  same.  That  the  Plantation  called  Sandy  Eiver  in 
the  County  of  Lincoln,  bounded  as  follows,  Vizt:  begin- 
ning at  a  Maple  Tree  marked  on  the  Bank  of  Sandy  River 
at  the  South  east  corner  of  said  Plantation,  thence  run- 
ning North  eight  miles  and  Fifty  six  Rods  to  a  Beach  Tree 
marked,  thence  West  Five  miles  and  Two  hundred  Rods 
to  a  Bass  wood  Tree  marked,  thence  South  two  Miles, 
Thence  South  thirteen  degrees  East  three  miles,  thence 
South  Twenty  five  degrees  East  three  miles  thence 
South  Thirty  five  degrees  East  two  miles  One  hundred 
and  fourteen  rods  to  a  Hemlock  Tree  marked,  thence 
North  Sixty  seven  degrees  East  One  mile  One  hundred  & 
ninety  Kods,  thence  North  forty  nine  degrees  East  One 
mile  &  ninety  Rods  to  Sandy  River,  thence  down  said 
River  about  half  a  mile  to  the  bound  first  mentioned  to- 
gether with  the  Inhabitants  thereon  be  and  hereby  are 
Incorporated  into  a  Town  by  the  name  of  Farmington 
and  vested  with  all  the  powers  privilidges  and  immuni- 
ties which  Towns  in  this  Commonwealth  do,  or  may  by 
Law  enjoy. 

And  be  it  further  enacted  that  William  Reed  Esquire 
be  and  he  hereby  is  empowered  to  make  out  a  Warrant 


*  Date  of  approval  not  given. 


Acts,  1793.  —  Chapter  29.  433 

directed  to  some  principal  Inhabitant  of  said  Town,  to  no- 
tify the  inhabitants  thereof,  qualified  by  Law  to  vote  in 
Town  atlairs,  to  assemble  and  meet  at  some  suitable  time 
and  place  in  said  Town  to  choose  all  such  Town  OflScers 
as  Towns  are  required  by  Law  to  choose  in  the  Month  of 
March  or  April  annually.        Approved  February  1,  1794. 

1793.  — Chapter  39. 

[January  Session,  ch.  3.] 
AN  ACT  TO  PROVIDE  FOR  THE  DEBT  OF  THIS   COMMONWEALTH. 

Whereas  the  obligations  of  good  faith  as  ivell  as  justice  preamble. 
to  individuals,  &  the  support  of  public  credit,  require  that 
provision  be  made  for  the  debt  due  from  the   Gommon- 
ivealth  ; 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of 
the  same,  that  a  loan,  to  the  full  amount  of  said  debt,  be  Loan  proposed 
and  hereby  is  proposed,  and  that  Books  for  receiving  sub-  openeT.'^^ 
scriptions  to  the  said  loan  be  opened  at  the  Treasury  of 
the  Commonwealth  on  the  first  day  of  March  next,  and 
to  continue  open  untill  the  last  day  of  February  Anno 
Domini  One  thousand  seven  hundred  and  ninety  five  ;  and 
that  the  sums  which  shall  be  subscribed  thereto  be  pay- 
able in  the  following  notes,  certificates  and  bills  of  credit, 
computing  interest  on  such  as  promise  interest,  to  the  last 
day  of  June  next  inclusively,  viz.  Notes  issued  by  the  species  of 
Treasurer  of  this  State,  commonly  called  consolidated  "s^'uecL "' *° ''^ 
notes,  and  army  notes,  —  also  Notes  given  for  gold  and 
silver  in  the  [the]  year  of  our  Lord  one  thousand  seven  hun- 
dred and  seventy  seven,  —  Certificates  issued  by  Nathaniel 
Appleton  Esqr.  the  United  States  Commissioner  of  loans  in 
this  State  for  the  sums  subscribed  in  the  Certificates  of 
the  debt  of  this  State,  exceeding  the  sum  assumed  by  the 
United  States,  computing  interest  thereon  at  six  per  cent 
per  annum  from  the  first  day  of  January  one  thousand 
seven  hundred  and  ninety  two,  to  and  including  the  last 
day  of  June  aforesaid  —  Bills  of  credit  commonly  called 
New  Emission  bills  issued  by  the  authority  of  this  State 
according  to  an  Act  of  the  fifth  of  May  one  thousand  seven 
hundred  and  eighty,  at  the  rate  of  four  dollars  in  said  bills 
for  one  dollar  in  specie,  &  interest  on  said  bills  to  be 
computed  from  the  last  payment  thereof,  to  and  including 
the  said  last  day  of  June,  at  the  same  rate. 


434 


Acts,  1793.  —  Chapter  29. 


Certificate 
granted. 


And  be  it  further  enacted,  that  for  the  sum  subscribed 
to  said  loan  and  paid  as  aforesaid  by  any  person  or  per- 
sons or  body  politic,  the  subscriber  or  subscribers  shall  be 
intitled  to  a  certificate  signed  by  the  Treasurer  of  the 
Commonwealth,  of  the  form  followino-.   Viz. 


The  form. 


Interest  to  be 
paid  half  yearly. 


Payment  pro- 
vided for. 


Faith  pledged 
for  its  payment 
punctually. 


No. 


Commonwealth  of  Massachusetts       179 


Be  it  known,  that  there  is  due  from  the  Commonwealth 
of  Massachusetts  unto  or  bearer, 

the  sum  of  dollars  cents 

bearing  interest  at  five  per  centum  per  annum  from  the 
first  day  of  July  seventeen  hundred  &  ninety  four  inclu- 
sively;  payable  half  yearly,  and  subject  to  redemption  by 
payment  of  said  sum  or  any  part  thereof,  whenever  pro- 
vision shall  be  made  therefor  by  law. 
Dollars  Cents 

And  be  it  further  enacted  that  interest  on  the  said  Cer- 
tificates, as  the  same  shall  become  due,  shall  be  paid  half 
yearly  viz.  on  the  first  day  of  January  and  July  in  each 
year. 

And  be  it  enacted  by  the  authority  aforesaid,  that  the 
monies  that  shall  from  time  to  time  be  received  by 
the  Treasurer,  for  the  interest  on  the  balance  due  from 
the  United  States  to  this  Commonwealth  as  reported  by  the 
Commissioners  for  settlement  of  accounts  between  the 
United  States  and  the  individual  States,  and  for  interest 
on  money  loaned  by  the  Commonwealth  to  the  United 
States,  and  for  the  dividend  that  may  from  time  to  time 
be  declared  due  to  the  Commonwealth  by  the  President 
and  Directors  of  the  Union  Bank,  shall  be  and  hereby  are 
pledged  and  appropriated  for  paying  the  interest  on  the 
sums  that  may  be  subscribed  to  the  loan  aforesaid. 

And  be  it  further  enacted,  that  the  faith  of  the  Common- 
wealth is  hereby  pledged  to  provide  and  appropriate  by 
an  annual  tax  or  otherwise,  such  additional  funds  as  may 
be  requisite  for  the  punctual  payment  of  the  interest  on 
the  loan  aforesaid  ;  —  and  the  Treasurer  of  the  Common- 
wealth is  hereby  authorized  and  directed  to  borrow  of  the 
President  and  Directors  of  the  Union  Bank,  any  sum  not 
exceeding  thirty  thousand  pounds,  that  may  at  a,ny  time 
be  necessary  for  the  punctual  payment  of  the  interest 
aforesaid,  and  to  repa\'  the  sum  he  may  borrow,  as  soon 


Acts,  1793.  —  Chapter  29.  435 

as  money  sufficient  for  that  purpose  shall  be  received  into 
the  Treasury  from  the  funds  appropriated  as  aforesaid, 
or  that  may  be  hereafter  appropriated  for  that  purpose. 

And  ivhereas  it  is  desireable  to  establish  funds  for  the 
gradual  extinguishment  of  the princijpal  of  said  debt; 

Be  it  enacted  by  the  authority  aforesaid,  that  the  monies  Funds  estab- 
now  due  on  the  sales  that  have  been  made  of  the  east-  ment  of°prfnd- 
ern  and  western  lands  late  the  property  of  the  Common-  p*'" 
wealth,    (excepting  the   sum  of  thirty  thousand  pounds 
which  is  hereby  appropriated  for  compleating  the  pa}^- 
ment  of  the  sum  subscril^ed  by  the  Treasurer  in  behalf  of 
the  Commonwealth  to  the  stock  of  the  Union  Bank)  also 
the  proceeds  arising  from  any  future  sale  of  the  eastern 
lands,  and  the  interest  on  the  debt  which  may  from  time 
to  time  be  redeemed,  shall  be  applied  to  the  purchase  of 
the  debt  that  may  be  created  by  virtue  of  this  act,  and 
the  monies  aforesaid  are  hereby  appropriated  for  that  pur- 
pose untill  the  said  debt  shall  be  fully  discharged. 

And  be  it  further  enacted,  that  the  purchase  aforesaid  Purchases  for 

•^  ^       '    .  i  ^  discnargiDg  tne 

shall  be  made  under  the  direction  of  the  President  of  the  'lebt,  how  made 
Senate,  the  Speaker  of  the  House  of  Representatives  and  ^^  ^"^  °'"' 
the  President  of  the  Union  Bank  for  the  time  being,  & 
who,  or  any  two  of  whom  shall  cause  the  said  purchases 
to  be  made  in  such  manner,  &  under  such  regulations  as 
shall  appear  to  them  best  calculated  to  promote  the  inter- 
est of  the  Commonwealth ;  and  the  account  of  the  appli- 
cation of  the  said  monies  shall  be  rendered  for  settlement 
to  the  Treasurer,  accompanied  with  returns  of  the  said 
debt  purchased  therewith,  at  the  end  of  every  six  months, 
computing  from  the  time  of  commencing  purchases  as 
aforesaid,  and  that  a  full  &  exact  report  of  said  Commis- 
sioners or  any  two  of  them,  including  a  statement  of  the 
disbursements  and  purchases  made  under  their  direction, 
specifying  therein  the  time  thereof,  the  prices  at  which, 
and  the  parties  from  whom  the  same  may  be  made  shall 
be  laid  before  the  Legislature  whenever  called  for  by 
them. 

And  be  it  further  enacted,  that  the  Treasurer  of  the  Treasurer 

r^  ij.1  I  •  'J.     1  directed  to 

Commonwealth,   whenever   any  monies  appropriated    as  certify. 

aforesaid,  for  the  purchase  of  the  public  delDt  shall  be  paid 

into  the  Treasury,  be  and  hereby  is  directed  to  certify 

the  amount  of  such  payment  to  the  Governor  for  the  time 

being ;   &  the   Governor  with  the  advice   of  Council   is  Governor  re. 

hereby  requested  to  draw  his  Warrant  on  the  Treasurer  ws^warrLm^.'^^^ 


436 


Acts,  1793.  —  Chapters  30,  31. 


Proviso. 


Consolidated 
notes,  &c. 
received. 


for  the  sum  mentioned  in  said  Treasurer's  certificate  in 
favor  of  the  Commissioners  for  the  purchase  of  the  public 
debt ;  and  the  said  Commissioners  are  directed  to  deposit 
in  the  Union  Bank,  the  money  that  may  be  received  by 
them  to  be  drawn  for  as  occasion  may  require .  Provided 
always  that  nothing  in  this  act  shall  be  construed  to  pre- 
clude the  Legislature  from  applying  any  such  sum  or  sums 
appropriated  by  this  act,  as  shall  be  deemed  absolutely 
necessary  for  the  immediate  support  and  maintainance  of 
the  Government  of  this  Commonwealth. 

And  it  is  further  enacted  that  the  consolidated  notes, 
also  the  army  notes  that  shall  hereafter  be  issued  by  the 
Treasurer  of  the  Commonwealth  pursuant  to  law,  shall  be 
received  on  the  loan  aforesaid  on  the  same  terms  as  if  the 
said  notes  had  been  issued  prior  to  passing  this  act. 

Approved  February  1,  1794. 


Persons  set  off. 


Proviso. 


1793.  — Chapter  30. 

[January  Session,  ch.  4.] 

AN  ACT  TO  SET  OFF  JOSEPH  CLARKE  AND  JONATHAN  BEALS 
FROM  THE  TOWN  OF  CUMINGTON  IN  THE  COUNTY  OF  HAMP- 
SHIRE AND  TO  ANNEX  THEM  TO  THE  DISTRICT  OF  PLAIN- 
FIELD   IN  SAID   COUNTY. 

Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives in  General  Court  asse^nhled,  and  hy  the  authority  of 
the  same,  that  Joseph  Clarke  and  Jonathan  Beals  of  Cum- 
ington  with  their  families,  together  with  all  the  lands  lying 
north  of  a  streight  line  from  the  south  west  corner  of 
Plainfield,  to  the  south  west  corner  of  Ashfield,  be,  and 
hereby  are  set  off  from  the  town  of  Cumington,  and  an- 
nexed to  the  District  of  Plainfield  :  Provided  nevertheless, 
that  the  said  Clarke  and  Beals  shall  pay  all  taxes  that  have 
been  legally  assessed  on  them  by  the  said  town  of  Cum- 
ington, in  like  manner  as  if  this  Act  had  not  been  passed. 

Approved  February  4,  1794.     . 


1793.  —  Chapter  31. 

[January  Session,  ch.  5.] 

AN  ACT  FOR  DIVIDING  THE  TOWN  OF  SANFORD  &  FOR  INCOR- 
PORATING THE   NORTH  PARISH  INTO   A  DISTINCT  DISTRICT. 

Be  it  enacted  hy  the  Senate  &  House  of  Representatives 

in  General  Court  assembled,  and  by  the  authority  of  the 

Incorporation,    same,  that  the  said  north  Parish  in  the  town  of  Sanford, 


Acts,  1793.  —  Chapter  31.  437 

be  and  it  hereby  is  incorporated  into  a  District  by  the 
name  of  Alfred,  agreeable  to  the  present  Parish  lines,  and 
is  invested  with  all  the  powers  priviledges  and  immunities 
w^hich  towns  within  this  Commonwealth  do  or  may  enjoy, 
excepting  that  of  sending  a  Eepresentative  to  the  General 
Court :  Provided  nevertheless  that  the  inhabitants  of  said 
District  shall  pay  their  proportion  of  all  such  Town,  State, 
County  and  other  taxes,  as  are  already  assessed  upon  them 
in  proportion  to  the  last  valuation,  and  shall  })ay  their 
proportion  of  all  public  debts  which  are  now  due  from 
said  town. 

Aiid  he  it  enacted  by  the  authority  aforesaid,  that  the 
polls  and  estates  in  the  said  District  of  Alfred  that  were 
returned  by  the  assessors  for  the  said  town  of  Sanford 
on  the  last  valuation,  which  then  belonged  to  the  said  town 
of  Sanford  be  deducted  from  the  return  made  by  the  said 
assessors  &  be  placed  to  the  said  District  of  Alfred  untill 
another  valuation  shall  be  taken. 

And  he  it  further  enacted  that  the  inhabitants  of  the  said  pr'^oJonlo'Tof 
District  shall  be  intitled  to  receive  their  proportion  of  all  property,  and 
monies,  lands  and  other  estates  real  and  personal  now  the 
property  of  said  town  agreeable,  and  in  proportion  to  the 
last  valuation. 

And  he  it  further  enacted  that  the  inhabitants  of  said  to  support  poor. 
District  shall  be  holden  to  support  their  proportionable 
part  of  the  poor  that  are  now  maintained  by  the  town  of 
Sanford. 

And  he  it  further  enacted  that  John  Low  Esqr.  be  and  .^°|l°,?l°'!,' ?"i- 
is  hereby  impowered  to  issue  his  Warrant  directed  to  »ant. 
some  principal  inhabitant  within  said  District  of  Alfred 
requiring  him  to  warn  the  freeholders  and  other  inhal)i- 
tants  within  said  District  qualified  to  vote  in  District 
affairs  to  assemble  at  such  time  &  place  in  said  District 
as  he  shall  appoint,  to  choose  such  Officers  as  shall  be 
necessary  to  manage  the  affairs  of  said  District. 

And  he  it  further  enacted  that  the  inhabitants  of  said  }^nti'3!'t*o"llect 
District  qualified  to  vote  for  Representatives  as  the  Con-  J[^t^J"^*®°*^- 
stitution  directs,  be  and  hereby  are  impowered  to  join 
with  those  of  the  said  town  in  the  election  of  a  Repre- 
sentative or  Representatives  to  serve  in  the  General 
Court,  wdio  may  be  an  inhabitant  of  said  Town  or  Dis- 
trict, and  the  meeting  for  choosing  such  Representative 
or  Representatives  shall  be  holden  in  said  Town  and  Dis- 
trict alternately,  beginning  with  the  town  of  Sanford  ;  and 


438 


Acts,  1793.  —  Chapter  32. 


the  Selectmen  of  each  are  hereby  impowered  to  appoint 
the  time  and  place  of  such  meeting  where  the  same  by 
this  Act  is  to  be  holden  in  the  Town  or  District  respec- 
tively, and  the  Selectmen  of  the  town  or  "District  appoint- 
ing the  time  &  place  of  such  meeting  shall  give  fifteen  days 
notice  to  the  other  Selectmen  in  writing  under  their  hand 
of  the  time  &  place  appointed  for  that  purpose,  to  the 
intent  that  the  Selectmen  so  notified  may  issue  their  War- 
rant to  the  Constable  or  Constables  of  the  Town  or  Dis- 
trict as  the  case  may  be  to  warn  the  inhabitants  tliereof 
to  meet  at  the  time  &  place  appointed  for  that  purpose. 

Approved  February  4,  1794. 


Bridgeton  in- 
corporated. 


Enoch  Perley, 
Esq.  to  issue 
warrant. 


1793.  — Chapter  33. 

[January  Seseion,  eh.  6.] 

AN  ACT  TO  INCORPORATE  THE  PLANTATION  OF  BRIDGTON  IN 
THE  COUNTY  OF  CUMBERLAND  INTO  A  TOWN  BY  THE  NAME 
OF  BRIDGTON. 

jBe  it  enacted  hy  the  Senate  and  House  of  Representatives 
in  General  Court  assembled  and  by  the  Authority  of  the 
same,  that  the  following  described  Tract  of  Land  vizt. 
Beginning  at  a  Pine  Tree  at  the  East  corner  of  Fryburgh 
and  running  South  Twenty  five  degrees  East  nine  miles 
to  a  Stone  set  into  the  ground ;  thence  East  twenty  five 
degrees  North  six  miles  and  one  half  to  a  Stone  set  into 
the  Ground  ;  thence  North  twenty  five  degrees  West  nine 
miles  to  a  Stone  set  into  the  Ground ;  thence  West  twenty 
five  degrees  South  to  the  first  mentioned  bounds  ;  together 
with  the  Inhabitants  thereon,  be  and  they  hereby  are  In- 
corporated into  a  Town  by  the  name  of  Hridgton  :  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  authority  aforesaid 
that  Enoch  Perley  Esquire  be,  and  he  is  hereby  impow- 
ered and  required  to  issue  his  Warrant  to  some  suitable 
Inhabitant  of  the  said  Bridgton,  requiring  him  to  warn 
the  qualified  inhabitants  thereof  to  meet  at  some  conven- 
ient time  and  place,  to  choose  such  Officers,  as  Towns  are 
by  Law  required  to  choose  in  the  Month  of  March  or  April 
annually.  Approved  February  7,  1794. 


Acts,  1793.  —  Chapters  33,  34.  439 

1793.  — Chapter  33. 

[January  Session,  ch.  7.] 

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

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  S  by  the  authority  of  the 
same,  that  from  and  after  the  passing  this  Act,  it  shall  not  Damage  forwd- 
be  lawful  for  any  person  whatever  to  turn  out,  feed,  or  let  limited  time. 
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  Job's   neck,    to  a  place    called 
Waqua  point,  from  the  fifteenth  day  of  April,  to  the  first 
day  of  October  annually,  upon  the  penalty,  for  each  of-  Penalty, 
fence,  of  three  shillings  a  head  for  all  neat  Cattle  and 
Horse  kind,  &  six  pence  a  head  for  all  Sheep  so  turned 
out,  fed,  or  let  run  at  large  on  the  Beach  or  Meadow 
aforesaid :  To  be  sued  for,  and  recovered  by,  &  to  the  use 
of  any  Proprietor  of  the  said  Beach,  Meadow,  or  Creeks, 
before  any  Justice  of  the  Peace  within  &  for  the  County 
aforesaid,  by  action  of  debt :  Provided  that  the  Proprie-  Proviso, 
tors  and  Owners  of  the  said  Beach,  Meadow  &  Creeks,  & 
the  lands  adjoining  said  Beach,  shall  be  holden  to  main- 
tain, &  keep  in  usual  repair,  the  fence  from  Short-neck  so 
called,  to  a  place  called  Mattakesset  Bay. 

Approved  February  11,  1794. 

1793. -Chapter  34. 

[January  Session,  ch.  8  ] 

AN  ACT  ASCERTAINING  WHAT  SHALL  CONSTITUTE  A  LEGAL 
SETTLEMENT  OF  ANY  PERSON  IN  ANY  TOWN  OR  DISTRICT 
WITHIN  THIS  COMMONWEALTH,  SO  AS  TO  ENTITLE  HIM  TO 
SUPPORT  THEREIN  IN  CASE  HE  BECOMES  POOR  AND  STANDS 
IN  NEED  OF  RELIEF  AND  FOR  REPEALING  ALL  LAWS  HERE- 
TOFORE MADE    RESPECTING  SUCH  SETTLEMENT. 

Be  it  enacted  by  the  Senate  aiid  House  of  Representatives 
in  General  Court  assembled,  and  by  the  Authority  of  the 
same.  That  all  Laws  heretofore  made  enacting  and  ascer-  Laws  repealed. 
taining  what  shall  constitute  a  legal  settlement  of  any  per- 


440 


Acts,  1793.  —  Chapter  34. 


Settlements  to 
remain. 


Ways  &  means 
providing  legal 
settlements  in 
case  of  poverty, 


Married 
women. 


Legitimate 
children. 


Illegitimate 
children. 


Other  descrip- 
tion of  persons. 


son  in  any  Town  or  District  within  this  Commonwealth 
so  as  to  subject  and  oblige  such  Town  or  District  to  sup- 
port such  person  in  case  of  his  becoming  poor  and  stand- 
ing in  need  of  relief,  so  far  as  they  relate  to  the  manner  of 
gaining  a  settlement  in  future,  be  and  they  hereby  are 
repealed  ;  but  all  settlements  already  gained  by  force  of 
said  Laws  or  otherwise  shall  remain  untill  lost,  by  gain- 
ing others  in  some  of  the  ways  hereafter  mentioneti. 

And  be  it  further  enacted.  That  legal  settlements  in  any 
Town  or  District  in  this  Commonw^ealth  shall  be  hereafter 
gained  so  as  to  subject  and  oblige  such  Town  or  Dis- 
trict to  relieve  and  support  the  persons  gaining  the  same, 
in  case  they  become  poor  and  stand  in  need  of  relief,  by 
the  ways  and  means  following  and  not  otherwise,  namely  : 

1st.  A  married  woman  shall  always  follow  and  have 
the  settlement  of  her  husband,  if  he  have  any  within  this 
Commonwealth,  otherwise  her  own  at  the  time  of  mar- 
riage, if  she  then  had  any,  shall  not  be  lost  or  suspended 
by  the  marriage ;  and  in  case  the  Wife  shall  be  removed 
to  her  settlement,  and  the  husband  shall  want  relief  from 
the  State,  he  shall  receive  it  in  the  Town  where  his  Wife 
shall  have  her  settlement  at  the  expence  of  the  Common- 
wealth. 

2d.  Legitimate  children  shall  follow  and  have  the  set-^ 
tlement  of  their  Father,  if  he  shall  have  any  within  this 
Commonwealth  untill  they  gain  a  settlement  of  their  own  ; 
but  if  he  shall  have  none,  they  shall,  in  like  manner,  fol- 
low and  have  the  settlement  of  their  mother,  if  she  shall 
have  any. 

3d.  Illegitimate  children  shall  follow  and  have  the  set- 
tlement of  their  mother  at  the  time  of  their  birth,  if  any 
she  shall  then  have,  within  the  Commonwealth  :  But  neither 
legitimate  or  illegitimate  children  shall  gain  a  settlement 
by  birth  in  the  places  where  they  may  be  born  if  neither 
of  their  parents  shall  then  have  any  settlement  there. 

4th.  Any  person  of  Twenty  one  years  of  age,  being 
a  citizen  of  this,  or  any  of  the  United  States,  having  an 
estate  or  inheritance  or  freehold,  in  the  Town  or  District 
where  he  dwells  and  has  his  home  of  the  clear  yearly  in- 
come of  Three  Pounds,  and  taking  the  rents  and  profits 
thereof  three  years  successively,  whether  he  lives  there- 
upon or  not,  shall  thereby  gain  a  settlement  therein. 

5th.  Any  person  of  twenty  one  years  of  age,  being  a 
citizen  of  this  or  any  of  the  United  States  having  an  Es- 
tate the  principal  of  which  shall  be  set  at  Sixty  pounds, 


Acts,  1793.  —  Chapter  34.  441 

or  the  Income  at  three  pounds  twelve  shillmgs,  in  the 
valuation  of  estates  made  by  Assessors,  and  being  as- 
sessed for  the  same,  to  State,  County,  Town  or  District 
Taxes  for  the  space  of  Five  years  successively,  in  the 
Town  or  District  where  he  dwells  and  has  his  home,  shall 
thereby  gain  a  settlement  therein. 

6th.  Any  person  being  chosen,  and  actually  serving 
one  whole  year  in  the  Office  of  Clerk,  Treasurer,  Select- 
man, Overseer  of  the  poor.  Assessor,  Constable  or  Col- 
lector of  Taxes  in  any  Town  or  District,  shall  thereby 
gain  a  settlement  therein. 

7th.  All  settled  ordained  Ministers  of  the  Gospel  shall 
be  deemed  as  legally  settled  in  the  Towns  or  Districts 
wherein  they  are  or  may  be  settled  and  ordained. 

8th.  Any  person  that  shall  be  admitted  an  Inhabitant 
by  any  Town  or  District,  at  any  legal  meeting,  in  the 
warrant  for  which,  an  article  shall  be  inserted  for  that 
purpose,  shall  thereby  gain  a  legal  settlement  therein. 

9th.  All  persons  citizens  as  aforesaid,  dwelling  and 
having  their  fiomes  in  any  unincorporated  place,  at  the 
time  when  the  same  shall  be  incorporated  into  a  Town  or 
District  shall  thereby  gain  a  legal  settlement  therein. 

10th.  Upon  division  of  Towns  or  Districts  every  per- 
,-son  having  a  legal  settlement  therein,  but  being  removed 
therefrom  at  the  time  of  such  division,  and  not  having 
gained  a  legal  settlement  elsewhere,  shall  have  his  legal 
settlement  in  that  Town  or  District  wherein  his  former 
dwelling  place  or  home  shall  happen  to  fall  upon  such 
division ;  and  when  any  new  Town  or  District  shall  be 
incorporated,  composed  of  a  part  of  one  or  more  old  In- 
corporated Towns  or  Districts,  all  persons  legally  settled 
in  the  Town  or  Towns,  District  or  Districts,  of  w^hich  such 
new  Town  or  District  is  so  composed,  and  who  shall  act- 
ually dwell  and  have  their  homes  within  the  bounds  of 
such  new  Town  or  District  at  the  time  of  its  incorporation 
shall  thereby  gain  legal  settlements  in  such  new  Town  or 
District : 

Provided  nevertheless,  that  no  person  residing  in  that  Proviso. 
part  of  any  Town  or  District  which  upon  such  Division 
shall  be  Incorporated  into  a  new  Town  or  District,  having 
then  no  legal  settlement  therein,  shall  gain  any  by  force 
of  such  Incorporation  only ;  nor  shall  such  Incorporation 
prevent  his  gaining  a  settlement  therein  within  the  time, 
and  by  the  means,  by  which  he  would  have  gained  it  there 
if  no  such  division  had  been  made. 


442  Acts,  1793.  —  Chapter  35. 

11th.  Any  minor  who  shall  serve  an  apprenticeship  to 
any  lawful  trade  for  the  space  of  four  years,  in  any  Town  or 
District,  and  actually  set  up  the  same  therein,  within  one 
year  after  the  expiration  of  said  term,  being  then  Twenty 
one  years  old,  and  continue  to  carry  on  the  same  for  the  space 
of  Five  years  therein,  shall  thereby  gain  a  settlement  in 
such  Town  or  District ;  but  such  person  being  hired  as  a 
journeyman,  shall  not  be  considered  as  setting  up  a  Trade. 

12th.  Any  person,  being  a  citizen  as  aforesaid  and  of 
the  age  of  Twenty  one  years,  who  shall  hereafter  reside 
in  any  Town  or  District  within  this  Commonwealth  for 
the  space  of  Ten  years  together  and  pay  all  State,  County 
Town  or  District  Taxes  duly  assessed  on  such  person's 
poll  or  estate  for  any  Five  years  within  said  time,  shall 
thereby  gain  a  settlement  in  such  Town  or  District. 

And  every  legal  settlement  when  gained  shall  continue 
till  lost  or  defeated  by  gaining  a  new  one  ;  and  upon  gain- 
ing such  new  settlement  all  former  settlements  shall  be 
defeated  and  lost.  Approved  February  11,  1794. 

1793.  — Chapter  35. 

[January  Session,  ch.  9.] 
AN  ACT  IN  ADDITION  TO  AN  ACT  ENTITLED,  "AN  ACT  FOR  IN- 
CORPORATING CERTAIN  PERSONS  FOR  THE  PURPOSE  OF 
BUILDING  "A  BRIDGE  OVER  MERRIMACK  RIVER,  BETWEEN 
THE  TOWNS  OF  HAVERHILL  &  BRADFORD,  IN  THE  COUNTY 
OF  ESSEX,  AND  FOR  SUPPORTING  THE  SAME. 

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

Clause  repealed,  the  Same,  that  the  clause  of  the  said  Act  which  limits  to 
the  proprietors  of  the  said  bridge,  their  heirs  &  assigns, 
a  term  of  fifty  years  therein,  shall  be,  &  hereby  is  re- 
pealed ;  and  the  proprietors  of  the  said  bridge,  when  built 
pursuant  to  the  said  Act,  their  heirs  and  assigns,  shall 
hold  the  same  in  fee  simple,  any  thing  in  the  said  Act  to 

Proviso.  the  contrary  notwithstanding.     Provided  that  at  and  after 

the  expiration  of  thirty  years  from  the  first  opening  of 
such  bridge,  the  rates  of  toll  to  be  taken  for  passing  the 
same  shall,  &  may  from  time  to  time  be  regulated  by  the 
Legislature  of  this  Commonwealth,  at  their  discretion  : 
Provided  also,  said  proprietors  shall  keep  said  bridge  in 
good  and  convenient  repair ;  and  shall  be  subject  to  all 
the  other  regulations  contained  in  said  Act  of  incorpora- 
tion. February  12,  1794* 

*  This  act  not  signed  by  acting  governor. 


Acts,  1793.  — Chapter  36.  443 


1793.  —  Chapter  36. 

[January  SesBioD,  ch.  11. j 

AN  ACT  TO   INCORPORATE   A  SOCIETY,  BY  THE  NAME   OF  THE 
MASSACHUSETTS   HISTORICAL  SOCIETY. 

Whereas  the  collection  S  preservation  of  materials  for  a 
political  and  natural  Jiistory  of  the  United  /States^  is  a  de~ 
sireahle  object,  and  the  institution  of  a  Society  for  those 
purposes,  will  be  of  public  utility. 

Be  it  therefore  Enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  &  by  the 
authority  of  the  same,  that  William  Baylies  Esqr.  Jeremy  Persons  incor- 
Belknap  D.  D.  the  Revd.  Alden  Bradford,  Peleg  Coffin  p"'^*""^' 
esqr.  Manasseh  Cutler,  D.  D.  John  Davis  esqr.,  Daniel 
Davis  esqr.,  Aaron  Dexter  Doctor  in  physic  tlie  Revd. 
John  Elliot,  Nathaniel  Freeman  esqr.  the  Revd.  James 
Freeman,  the  Revd.  Thadeus  Mason  Harris,  Isaac  Loth- 
rop  esqr.,  George  Richards  Minot  Esqr.  the  revd.  John 
Mellen  junr.,  Thomas  Pemberton,  AVilliam  Dandridge 
Peck,  the  revd.  John  Prince,  Ezekiel  Price  esqr.,  James 
Sullivan  esqr.  David  Sewell  esqr.,  Peter  Thacher  D.  D. 
William  Tudor  esqr.  Samuel  Turell,  Dudley  Atkins  Tyng 
esqr.,  James  Winthrop  esqr.,  Thomas  Wallcut,  Redford 
Webster,  and  William  Wetmore  esqr.,  who  have  associ- 
ated for  the  purposes  aforesaid,  and  have  requested  an 
Act  of  incorj)oration,  be,  and  hereby  are  formed  into,  & 
constituted  a  Society  and  Body  Politic  and  Corporate,  by 
the  name  of  the  Massachusetts  Historical  Society ;  and  '^^'^^^ 
that  they,  and  their  successors,  and  such  other  persons  as 
shall  be  legally  elected  by  them,  shall  be  and  continue  a 
body  politic  and  corporate  by  that  name  forever. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  members  of  said  society  shall  have  power  to  elect  Power  of  eiect- 
a  President,  &  all  other  necessary  officers ;  and  that  the 
said  society  shall  have  one  common  seal,  &  the  same  may 
break,  change  and  renew  at  pleasure  ;  &  that  the  same 
society  by  the  name  aforesaid,  as  a  Body  politic  and  cor- 
porate, may  sue  and  be  sued,  prosecute  and  defend  suits 
to  final  judgment  and  execution. 

And  be  it  further  Enacted,  that  the  said  society  shall  Power  of  mak. 

I  iiTii  •  "^S  laws. 

have  power  to  make  orders  and  bye  laws  for  governnig 
its  members  and  property,  not  repugnant  to  the  laws  of 
this  Commonwealth ;  and  may  expel,  disfranchise  or  sus- 


444 


Acts,  1793.  —  Chapter  37. 


Society  allowed 
to  hold  and 
convey  real 
and  personal 
estate. 


pend  any  member,  who,  by  his  misconduct,  shall  be  ren- 
dered unworthy. 

And  be  it  further  Enacted,  that  the  said  Society  may 
from  time  to  time  establish  rules  for  electing  officers  and 
members,  &  also  times  and  places  for  holding  meetings  ; 
and  shall  be  capable  to  take  and  hold  real  or  personal 
estate,  by  gift,  grant,  devise  or  otherwise,  &  the  same,  or 
any  part  thereof,  to  alien  and  convey  :  Provided  that  the 
annual  income  of  any  real  estate,  by  said  Society  liolden, 
shall  never  exceed  the  sum  of  five  hundred  pounds ;  & 
that  the  personal  estate  thereof,  besides  books,  papers, 
and  articles  in  the  museum  of  said  Society,  shall  never 
exceed  the  value  of  two  thousand  pounds. 

And  be  it  further  Enacted,  that  the  number  of  Mem- 
bers of  said  Society,  shall  never  be  more  than  sixty, 
(excepting  honorary  members,  residing  without  the  limits 
James  Sullivan,  of  tliis  Commonwcalth  ;)  &  that  James  Sullivan  Esqr.  be, 

Esq.  to  call  iii'  ^         •         ^  n  i  •?  \ 

meeting.  and  hereby  is  authorized  and  empowered  to  notify  and 

warn  the  first  meeting  of  said  Society ;  and  that  the  same 
Society,  when  met,  shall  agree  upon  a  method  for  calling- 
future  meetings,  and  may  have  power  to  adjourn  from 
time  to  time,  as  may  be  found  necessary. 

And  be  it  further  enacted  that  either  branch  of  the 
Legislature  shall,  and  may  have  free  access  to  the  library 
and  museum  of  said  Society. 

Approved  February  19,  1794. 


Number  of 

members 

limited. 


Land  granted 
the  United 
States. 


ITOS.  — Chapter  37. 

[January  Session,  eh.  10.] 

AN  ACT  FOR  GRANTING  TO   THE  UNITED   STATES  OF  AMERICA, 
THE  JURISDICTION  OF  PART  OF  THE  ISLAND  OF  SEGUIN. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority 
of  the  same,  that  there  be,  and  hereby  is  granted  to  the 
United  States  of  America,  the  jurisdiction  of  ten  acres  of 
land,  &  the  property  of  this  Commonwealth  therein,  most 
convenient  for  a  Light-house,  part  of  the  Island  of  Saguin, 
situated  near  the  mouth  of  the  river  Kennebec,  in  this 
Commonwealth,  for  the  purpose  of  erecting  a  Lighthouse 
on  the  same  ten  acres ;  which  quantity  of  hind  shall  be 
laid  out,  at  the  time  of  erecting  said  Lighthouse,  and  a 
discription  thereof  in  writing,  entered  in  the  registry  of 
deeds,  in  the  County  wherein  the  same  shall  be  situated. 


Acts,  1793.  —  Chapter  88.  445 

Provided  nevertheless,  &  Be  it  further  enacted  by  the  Provieoe. 
authority  aforesaid,  that  if  the  said  United  States  shall 
neglect  for  the  term  of  four  years  from  the  date  of  this 
grant,  to  erect  a  Lighthouse  on  some  part  of  the  same  ten 
acres,  and  after  the  same  shall  be  erected,  shall  neglect  to 
keep  the  same  in  good  repair,  and  a  state  useful  to  navi- 
gation, then  this  grant  shall  be  void.  Provided  also,  that 
this  Commonwealth  shall  retain,  and  hereby  does  retain  a 
concurrent  jurisdiction  with  the  said  United  States,  in  and 
over  the  same  ten  acres,  so  far,  as  that  all  civil  and  crimi- 
nal processes,  issued  under  the  authority  of  this  Common- 
wealth, or  any  officers  thereof,  may  be  executed  on  any 
part  of  the  same  ten  acres,  granted  as  aforesaid,  or  in  any 
buildings  thereon  to  be  erected,  in  the  same  way  and 
manner,  as  if  the  jurisdiction  had  not  been  granted  as 
aforesaid.  And  provided  also  further,  that  if  the  said 
United  States  shall  at  any  time  hereafter,  make  any  com- 
pensation to  any  of  the  United  States,  for  any  cession 
made  for  the  purposes  of  this  grant,  like  compensation  to 
be  made  to  this  Commonwealth  by  the  United  States,  for 
the  present  grant,  according  to  its  value. 

Approved  February  19,  1794. 

1793.  —  Chapter  38. 

[January  Session,  ch.  12.] 

AN  ACT  FOR    SETTLING    THE   LINE  BETWEEN  LITTLETON  AND 
BOXBOROUGH. 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  Assembled,  and  by  the  Authority 
of  the  same,  that  a  line  drawn  from  a  heap  of  stones  in  Boundary  iine. 
the  road  twenty  one  rods  and  a  half  Southerly  of  the 
house  of  John  Bobbins  of  said  Littleton,  &  running  East- 
erly in  a  strait  line  about  three  miles  to  the  corner  of 
the  town  of  Acton  at  a  heap  of  stones  shall  be  &  hereby 
is  established  as  the  dividing  line  between  the  said  town 
of  Littleton  &  the  District  of  Boxborouijh  under  the  re- 
striction  &  with  the  .  provision  as  to  certain  persons  & 
estates  herein  made. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  all  those  persons  who  were  inhabitants  of  the  said 
town  of  Littleton  included  by  the  line  aforesaid  within 
the  said  district  of  Boxborough,  &  who  did  not  according 
to  an  act  made  in  the  year  of  our  Lord  one  thousand 


M6 


Acts,  1793.  —  Chapter  39. 


Proviso. 


seven  hundred  &  eighty  three,  intitled,  "  An  Act  for 
erecting  a  Distiict  in  the  County  of  Middlesex  by  the 
name  of  Boxborough,"  return  their  names,  their  polls  & 
their  estates  within  twelve  months  from  the  passing  of  the 
same  Act  into  the  office  of  the  Secretary  of  the  Common- 
wealth signifying  their  desire  to  become  inhabitants  of  the 
said  District  of  Boxborough,  shall,  with  the  Lands  they 
improved  at  the  time  of  passing  the  same  Act  with  their 
said  Estates  during  the  time  of  their  improving  of  the 
same,  belong  to  said  Littleton,  &  that  where  there  has 
been,  or  shall  be  a  transfer  of  the  same  Estates  either  by 
grant,  devise  or  descent  the  persons  to  whom  such  trans- 
fer has  been  or  shall  be  made  &  their  Successors  may  apply 
to  the  said  District  of  Boxborough  to  become  Members 
thereof  &  whenever  on  such  application  the  Clerk  of  said 
District  of  Boxborough  upon  the  vote  of  the  inhabitants 
of  the  said  District  at  a  legal  meeting  shall  enter  the  name 
of  any  such  person  as  an  inhabitant  and  transmit  a  certif- 
icate of  such  vote  to  the  Clerk  of  the  town  of  Littleton, 
such  person  shall  from  thence  forward  with  his  Polls  and 
Estate  lying  in  said  Box])orough  be  deemed  &  taken  to 
belong;  to  said  Boxborouo:h.  Provided  that  when  there 
shall  be  a  State,  County  or  town  tax  ordered  to  l)e  assessed 
the  said  persons  &  Estates  shall  be  taxed  thereto  in  the 
town  where  they  shall  actually  belong  at  the  time  of  order- 
ing or  assessing  such  Tax,  their  changing  their  inhabitancy 
in  manner  aforesaid  notwithstanding.  And  also  that  when- 
ever a  change  of  inhabitancy  shall  take  place,  agreeably 
to  this  Act,  the  Clerk  of  the  town  of  Littleton,  shall 
transmit  to  the  Secretary's  Office,  a  certificate  thereof 
in  order  that  the  same  may  be  taken  into  consideration 
by  the  Legislature  in  apportioning  future  State  Taxes  on 
the  said  Town  of  Littleton  &  District  of  Boxborough. 

Aiyproved  February  20,  1794. 


Joel  Brooks, 
set  off. 


1793.— Chapter  39. 

[January  Session,  ch.  15.] 

AN  ACT  TO  SETT  OFF  JOEL  BROOKS  FROM  THE  TOWN  OF  WIN- 
CHINDON  AND  TO  ANNEX  HIM,  AND  HIS  ESTATE  TO  THE 
TOWN  OF  GARDNER. 

Be  it  enacted  by  the  Senate,  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  Authority  of 
the  same,  That  Joel  Brooks  with  his  Estate  be,  and  hereby 


Acts,  1793.  —  Chapters  40,  41.  44' 

is  set  off  from  the  Town  of  Winchindon  in  the  County 
of  Worcester  and  annexed  to  the  Town  of  Gardner  in 
said  County,  —  Provided  always,  that  the  said  Joel  Brooks  Proviso. 
with  the  Estate,  he  now  owns,  in  the  Town  of  Winchin- 
don shall  be  holden  to  pay  his  proportion  of  all  Taxes 
now  granted,  and  of  all  State  and  County  Taxes,  which 
may  be  granted  prior  to  the  settlement  of  another  valua- 
tion in  this  Commonwealth  to  the  Town  of  Winchindon 
in  the  same  manner,  as  if  this  Act  had  never  passed. 

Approved  February  20,  1794. 

1793.  — Chapter  40. 

[January  Session,  ch.  13.] 

AN  ACT  TO  SET  OFF  JAMES  DAMON,  AND  ABIEL  DAMON,  WITH 
CERTAIN  LANDS  FROM  THE  TOWN  OF  NORWICH  AND  FOR 
ANNEXING  THEM   TO   THE  TOWN  OF  CHESTERFIELD. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  Authority  of 
the  same,  That  James  Damon  and  Al)iel  Damon  with  their  james and 
Families  and  Estates,  together  with  the  Lands  belonging  wuh  cmSn" 
to  Seth  Taylor,  James  Peirce,  and  John  Ewell  of  said  l?°rwic°h  set 
Chesterfield,   lying  in  Norwich   east   of  Westfield  River  off- 
and  North  of  the  East  Branch  of  said  River,  be  and  hereby 
are  set  off  from  the  said  Town  of  Norwich  and  annexed 
to  the  Town  of  Chesterfield  in  the  County  of  Hampshire 
and  shall  hereafter  be  considered  as  part  of  the  same  there 
to  do  duty  and  receive  privilidges  accordingly. 

Provided  nevertheless,  that  the  said  James  Damon  and 
Abiel  Damon  together  with  the  aforesaid  Lands  shall  be 
holden  to  pay  such  Taxes  as  are  already  assessed  or 
ordered  to  be  assessed  by  said  Town  of  Norwich  in  the 
same  manner  as  they  would  have  been  if  this  Act  had  not 
passed.  Approved  February  22,  1794. 

1793.—  Chapter  41. 

[January  Session,  cli.  14.] 

AN  ACT  FOR  SETTING  OFF  SAMUEL  BROWN,  OF  NEEDHAM,  IN 
THE  COUNTY  OF  NORFOLK,  FROM  THE  EAST  PARISH,  &  AN- 
NEXING HIM  TO   THE   WEST  PARISH,   IN   SAID  NEEDHAM. 

Be  it  Enacted  by  the  Senate  &,  House  of  Representatives, 
in  General  Court  Assembled,  (&  by  the  Authority  of  the 
same,  that  Samuel  Brown  &  his  Estate,  belonffing  to  the  samuei  Brown, 

'  O      O  set  off. 


448 


Acts,  1793.  —  Chapter  42. 


East  Parish  in  Needham,  l)e  &  hereby  is  set  oS"  from  the 
said  East  Parish,  &  annexed  to  the  West  Parish  in  said 
Needham,  &  shall  forever  hereafter  be  considered  as  be- 
longing to,  &  making  part  of  the  same. 

Approved  February  22,  1794. 


Preamble. 


Penalties  for 
cutting  out 
marks,  &c. 


Further  penalty. 


Penalty  for 
splitting  timber. 


1793.  — Chapter  42. 

[January  Session,  ch.  16.] 

AN  ACT  TO    SECURE   TO   OWNERS    THEIR    PROPERTY  IN    LOGS, 

MASTS,   SPARS   AND   OTHER  TIMBER,  IN  CERTAIN  CASES. 

Whereas  many  persons  put  their  logs,  masts,  spars  and 
other  peices  of  timber,  marked  ivith  their  marks,  into  the 
rivers  loithin  this  Commonwealth,  and  into  the  ponds  and 
streams  leading  into  such  rivers,  which  marks  are  fre- 
quently cut  out  altered  or  destroyed  to  the  injury  of  the 
owner:   To  prevent  which  wrongs, 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority 
of  the  same,  that  if  any  person  or  persons  shall  cut  out, 
alter  or  destroy  any  mark  or  marks  of  any  owner  or 
owners  made  on  any  logs,  masts,  spars  or  other  timber, 
put  into  any  of  the  rivers,  ponds  or  streams  within  this 
Commonwealth  as  aforesaid,  on  conviction  thereof,  such 
ottender  or  offenders  shall  forfeit  and  pay  a  fine  of  forty 
shillings  for  each  log,  mast,  spar,  or  other  peice  of  timber, 
the  mark  whereof  he  or  they  shall  be  convicted  of  having 
so  altered  or  destroyed ;  &  shall  be  further  liable  to  pay 
to  the  owner  or  owners  of  such  log,  mast,  spar  or  other 
peice  of  timber,  treble  the  value  thereof;  which  fine  and 
treble  value  shall  be  recoverable  by  such  owner  or  owners, 
by  action  of  trespass,  in  any  Court  proper  to  try  the 
same,  with  legal  costs  of  suit. 

Be  it  further  Enacted,  that  if  any  such  mark  or  marks 
shall  be  so  cut  out,  altered,  or  destroyed  by  any  person 
or  persons,  &  the  owner  or  owners  of  the  same  property 
shall  be  unknown,  the  person  or  persons  so  offending, 
shall  forfeit  and  pay  the  sum  of  forty  shillings  for  each  log, 
mast,  spar,  or  other  peice  of  timber,  the  mark  whereof 
he  or  they  shall  be  convicted  of  so  altering  or  destroying, 
to  the  person  who  shall  sue  for  the  same  ;  to-be  recovered 
by  action  of  debt,  in  any  Court  proper  to  try  the  same, 
with  legal  costs. 

Be  it  further  Enacted  by  the  authority  aforesaid,  that 
if  any  person  or  persons  shall  take,  carry  away,  or  dis- 


Acts,  1793.  —  Chapter  42.  449 

pose  of,  saw,  split  or  otherwise  destroy  any  log,  mast, 
spar  or  peice  of  timber,  the  property  of  another,  with- 
out the  consent  of  the  owner,  (except  as  is  hereinafter 
provided)  he  or  they  so  offending,  and  being  convicted 
thereof,  shall  forfeit  and  pay  to  the  owner  or  owners,  for 
each  log,  mast,  spar  or  peice  of  timber,  treble  the  value 
thereof;  to  be  recovered  by  an  action  of  trespass,  in  any 
Court  proper  to  try  the  same,  with  costs  of  suit. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  when  any  log  or  logs,  mast,  spar  or  other  peice  of  J^^y^oode^^'^ 
timber,  shall  be  carried  by  the  floods  into  any  lands  ad-  may  be  re- 
joining  said  rivers,  the  ponds,  streams  or  waters  running 
into  the  same  rivers,  or  forming  part  thereof,  the  owner 
or  owners  of  such  log  or  logs,  mast,  spar  or  timber,  may 
at  any  time  within  eighteen  months  lawfully  remove  the 
[thej  same  from  off  said  land,  on  tendering  or  paying  to  the 
proprietor  or  possessor  of  the  land,  such  reasonable  dam- 
ages as  may  be  occasioned  by  such  removal ;  and  if  the 
owner  or  owners  of  such  logs,  masts,  spars  or  timber,  shall 
not  appear  and  take  the  same  from  oft'  such  lands,  within 
the  same  term  of  eighteen  months,  or  otherwise  agree  with 
the  proprietors  or  possessors  of  such  lands,  then  the  same 
logs,  masts,  spars  or  timber  shall  be  deemed  their  prop- 
erty, and  wholly  at  their  disposal. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  whenever  any  logs,  masts,  spars  or  other  timber.  Benefit  of  pick- 
shall  be  taken  up  and  secured  for  the  owner  below  the  In^certai^cas'es. 
Great  Boom,  so  called,  in  Saco  river,  between  Biddeford 
and  Pepperelborough,  the  person  or  persons  so  taking  up 
and  securing  said  logs,  masts,  spars  or  timber,  shall  be  en- 
titled to  one  sixth  part  of  said  logs,  masts,  spars,  or  tim- 
ber, —  if  taken  up  above  the  lower  falls  on  said  river,  and 
below  said  Boom ;  or  if  taken  up  and  secured  below  said 
lowest  falls  on  Saco  river,  one  third  part  of  all  logs, 
masts,  spars  or  other  timber,  so  taken  up  and  secured 
for  the  owners  of  the  same  :  Provided  the  person  or  per-  Proviso, 
sons,  so  taking  up  and  securing  the  same,  shall  in  all 
such  cases,  advertize  said  logs,  masts,  spars  or  timber, 
describing  the  same,  &  the  marks  (if  any  there  be)  on 
the  same,  within  seven  daj^s  after  so  taking  up  and  secur- 
ing them,  by  posting  up  such  advertisement  in  one  or 
more  of  the  public  Inns  in  Pepperelborough  and  Bidde- 
ford ;  &  if  no  such  advertisement  shall  be  posted  up  as 
aforesaid,  the  owner  of  such  logs,  masts,  spars  or  timber 


450 


Acts,  1793.  —  Chapter  43. 


Evidence  of  a 
breach  of  thia 
act. 


may  take  the  whole,  without  paying  any  sum  for  takino- 
up  and  securing  the  same  ;  &  if  no  owner  shall  appear  to 
take  a  part  of  said  logs,  masts,  spars  or  timber,  and  de- 
mand his  part  thereof,  within  three  months  from  the  day 
it  is  advertised  as  aforesaid,  then  the  whole  of  said  logs, 
masts,  spars  or  other  timber,  shall  become  the  property 
of  the  person  who  shall  take  up  and  secure  the  same  as 
aforesaid  ;  and  any  person  or  persons,  using  selling  or  any 
other  way  disposing  of  said  logs,  masts,  spars,  or  other 
timber,  or  any  part  thereof,  within  the  term  of  three 
months  from  the  time  of  taking  up  and  advertising  the 
same,  in  manner  aforesaid,  unless  he  purchases  the  same 
of  the  lawful  owner,  shall  be  liable  to  pay  the  owner 
thereof  trible  the  value  of  such  logs,  masts,  spars  or  peice 
of  timber  with  costs  of  suit,  on  being  convicted  thereof, 
to  be  recovered  as  aforesaid. 

A7id  whereas  it  may  be  difficult  to  obtain  positive  evi- 
dence for  the  conviction  of  those  who  may  offend  against 
this  Act; 

Be  it  therefore  Enacted  by  the  authority  aforesaid,  that 
when  any  person  shall  be  prosecuted  for  the  breach  of  this 
act,  for  any  logs,  masts,  spars  or  timber  being  found  in 
his  possession,  with  the  marks  cut  out  or  altered  as  afore- 
said, it  shall  be  considered  as  evidence  against  the  person 
possessing  the  same,  as  being  guilty  of  a  breach  of  this 
Act,  unless  such  person  shall  give  reasonable  satisfaction 
to  the  Court  or  Jury  which  tries  the  cause,  that  neither 
he  himself  nor  any  other  person  by  his  order,  or  for  or 
under  him,  did  so  alter  or  deface  the  marks  on  the  same. 

Provided  nevertheless  that  nothing  in  this  act  shall  be 
construed  to  extend  to  Connecticut  river,  or  the  river 
Merrimack.  Ajyj^roved  February  22,  1794. 


PerBonal  prop- 
erty liable  to 
forfeiture  may 
be  seized  on 
conditions. 


1793.  — Chapter  43. 

[January  Session,  ch.  17.] 

AN  ACT  PRESCRIBING  THE  MODE  OF  RECOVERING  FORFEITURES 
OF  PERSONAL  PROPERTY,  LIABLE  THERETO  BY  LAW;  AND 
ALSO  PECUNIARY  FORFEITURES. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority 
of  the  same,  that  whenever  any  personal  property  shall  be 
liable  to  forfeiture  for  any  offence,  any  person  or  persons 
entitled  thereto,  or  interested  therein,  in  whole  or  in  part, 


Acts,  1793.  —  Chapter  43.  451 

may  seize  and  shall  safely  keep  the  same  till  a  final  decree 
be  had  thereon ;  unless  the  owner  or  person  from  whom 
it  was  taken  claiming  the  same  for  himself  or  some  other 
person,  shall  give  bond,  with  sufficient  surety,  to  the  party 
seizing,  to  pay  the  appraised  value  thereof,  when,  &  if,  it 
shall  be  finally  decreed  forfeited ;  which  value  shall  be 
appraised  upon  oath,  by  three  judicious  &  disinterested 
men,  mutually  chosen  by  the  parties,  or  (in  case  of  dis- 
agreement or  refusal  of  the  party  seizing)  appointed  by  a 
Justice  of  the  Peace  in  the  County  where  the  property 
was  seized  :  But  upon  the  giving  or  tendering  such  bonds, 
the  property  shall  be  delivered  to  such  owner  or  claimant ; 
and  if  no  claimant  shall  appear,  the  party  seizing  shall  be 
held  to  cause  an  inventory  and  appraisement  of  the  prop- 
erty seized,  to  be  made  by  three  disinterested  persons 
under  oath,  who  shall  be  appointed  by  a  Justice  of  the 
Peace  in  the  County  where  the  property  shall  be  seized, 
which  appraised  value  shall  be  the  rule,  by  which  to  de- 
termine where  the  libel  shall  be  commenced.  And  in 
order  to  obtain  a  decree  of  forfeiture  of  such  property, 

Be  it  further  Enacted,  that  if  the  property  seized  exceed  Seizure  to  be 
four  pounds  in  value,  the  V)arty  seizin"-  the  same  shall  *"^'*.'° i^** 

.   ,  .  -,  I.  ,      ^       ."^  ,      ^  „  ,        Court  of  Com- 

withm  twenty  days  after  the  seizure,  but  not  afterwards,  mon  picas  if 
file  a  libel  in  the  Clerk's  office  of  the  Court  of  Common  pornds'f^  ^"^^ 
pleas,  in  the  County  where  the  ofJence  was  committed, 
stating  the  cause  of  seizure,  and  praying  for  a  decree  of 
forfeiture  :  Whereupon  the  Clerk  shall  make  out  a  notifi- 
cation to  all  persons  to  appear  at  such  Court,  and  shew 
cause,  if  any  they  have,  why  such  property  should  not  be 
decreed  forfeit,  for  such  cause  of  seizure  ;  which  notifi- 
cations, the  libellant  shall  cause  to  be  inserted  in  some 
newspaper  printed  in  the  same  County,  if  their  be  one, 
otherwise  in  some  newspaper  printed  in  the  next  or  near- 
est County,  or  in  Boston,  fourteen  days  at  least  before  the 
sitting  of  the  Court,  at  which  the  libel  is  to  be  tried ;  and 
upon  entry  of  such  libel,  at  the  time  when  civil  actions 
are  to  be  entered  in  such  Court,  the  Court  shall  have 
power  to  hear  and  determine  the  cause,  by  a  Jury  where 
there  is  a  claimant,  but  without  one,  if  upon  proclamation 
made  no  claimant  appears,  &  to  decree  the  forfeiture  and 
disposition  of  such  property,  according  to  law,  and  may 
decree  a  sale  and  distribution  of  the  proceeds,  deducting 
charges  where  they  think  proper ;  and  may  also  award 
costs  against  the  claimants :  And  if  such  libel  be  not  sup- 


462 


Acts,  1793.  —  Chapter  43. 


Causes  under 
four  pounds  to 
be  preferred  to 
Justice  of  the 
Peace. 


Fines  or  for- 
feitures may  be 
sued  for. 


Proviso. 


ported,  or  be  discontinued,  restitution  of  the  property 
shall  be  decreed  to  the  claimants  with  costs :  And  if  the 
Jury  on  the  trial,  where  the  libel  is  tried  by  a  Jury,  find 
the  seizure  groundless,  &  without  probable  cause,  they 
shall  assess,  and  the  Court  shall  decree  reasonable  dam- 
ages for  the  claimant,  with  costs.  And  either  party  ag- 
grieved at  the  decree  of  such  Court,  may  appeal  therefrom, 
to  the  Supreme  Judicial  Court  next  to  be  holden  in  the 
same  County,  who  shall  have  power  upon  such  appeal, 
finally  to  hear  and  determine  the  cause,  &  decree  there- 
upon in  manner  aforesaid. 

And  be  it  further  Enacted,  that  when  the  property 
seized  shall  not  exceed  the  value  of  four  pounds,  the  libel 
shall  be  prefered  to  some  Justice  of  the  Peace,  in  the 
same  County  where  the  ofi*ence  was  committed,  within  the 
time  aforesaid ;  who  shall  have  power  to  hear,  determine 
and  decree  thereupon,  as  aforesaid,  having  first  caused  a 
like  notification  to  be  posted  up,  &  which  the  libellant 
shall  be  held  to  do,  at  some  public  place  in  the  same 
County,  seven  days  before  the  time  of  trial ;  saving  to 
either  party  agrieved,  liberty  of  appeal  from  the  decree 
of  such  Justice,  to  the  next  Court  of  Common  Pleas,  to  be 
held  in  &  for  said  County,  who  shall  have  power  finally 
to  hear,  determine  and  decree  in  the  cause  aforesaid ;  and 
depositions  taken  for  legal  cause,  &  according  to  law,  may 
be  used  on  the  trial,  as  well  before  said  Justice,  as  before 
said  Courts.  And  if  any  such  appeal  is  not  entered  and 
prosecuted,  the  Court  to  which  the  same  was  made,  upon 
complaint,  may  afiirm  the  decree  appealed  from,  with  ad- 
ditional damages  and  costs,  or  with  additional  costs  only, 
as  the  case  may  require. 

A7id  be  it  further  Enacted,  that  all  pecuniary  tines  or 
forfeitures  made,  or  that  may  be  made  recoverable,  by 
bill,  plaint  or  information,  or  by  any  of  those  modes  of 
prosecution,  by  any  law  of  this  Commonwealth,  or  for  the 
recovery  whereof,  no  mode  shall  be  prescribed,  shall  and 
may  be  sued  for  and  recovered,  by  action  of  debt,  in  any 
Court  proper  to  try  the  same  ;  any  law,  usage  or  custom 
to  the  contrary  notwithstanding. 

Provided  always,  that  nothing  in  this  Act  shall  be  con- 
strued to  take  away  any  remedy,  already  provided  in 
&  by  any  act  or  Law  of  this  Commonwealth,  for  any 
forfeiture  declared  thereby. 

Approved  February  22,  1794. 


Acts,  1793.  —  Chapter  44.  453 


1793.  — Chapter  44. 

[January  Session,  ch.  18.] 

AN  ACT  FOR  INCORPORATING  THE  SEVERAL  RELIGIOUS  SOCIE- 
TIES EST  NEWBURY  PORT  IN  THE  COUNTY  OF  ESSEX. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  assembled,  and  by  the  Authority 

of  the  same;  that  the  Members  of  the  several  Religious  Religious 
Societies  in  Newbury  Port,  in  the  County  of  Essex,  be  in^corporated. 
and  they  hereby  are  incorporated  and  declared  severally 
to  be  bodies  politic  and  corporate  forever,  by  the  follow- 
ing Names  vizt.  the  Members  of  the  Religious  Society 
there  whereof  the  Revd.  Thomas  Gary  and  John  Andrews 
are  Ministers,  by  the  name  of  the  first  Religious  Society 
in  Newbury  Port :  The  Members  of  the  Religious  Society 
there,  now  destitute  of  a  Minister,  but  whereof  the  Revd. 
John  Murray  deceased  was  late  Minister,  by  the  name  of 
the  Presbyterian  Society  in  Newbury  Port ;  The  Members 
of  the  Religious  Society  there,  whereof  the  Revd.  Samuel 
Spring  is  Minister,  by  the  name  of  the  third  Religious 
Society  in  Newbury  Port :  The  Meml^ers  of  the  Religious 
Society  there,  whereof  the  Revd.  Charles  William  Milton 
is  Minister,  by  the  name  of  the  Fourth  Religious  Society 
in  Newbury  Port ;  and  the  Members  of  the  Religious 
Society  there,  whereof  the  Revd.  Edward  Bass  is  Minister, 
by  the  Name  of  the  Episcopal  Church  in  Newbury  Port. 

II.  And  be  it  further  enacted,  that  the  Members  of  Meetings 
each  of  said  Religious  Societies  (including  said  Episcopal  regulated. 
Church)  respectively  qualified  by  Law  to  vote  in  Town 

or  Parish  Meetings,  shall  and  may  asseml^le,  and  meet 
together  in  the  Month  of  March  or  April  annually  (& 
after  choosing  Moderators,  who  shall  have  the  same  power 
to  regulate  the  respective  Meetings  that  Moderators  in 
ToAvn  Meetings  have)  may  proceed  to  choose,  by  ballot 
or  otherwise,  as  they  may  agree,  Clerks  to  enter  and 
record  all  the  Votes  and  transactions  of  said  Societies  in 
their  Meetings  respectively.  Treasurers,  Assessors  &  Com- 
mittees, (which  Committees  may  be  the  same  with  the 
Assessors)  to  manage  their  prudentials,  and  Collectors  of 
Taxes,  and  other  needful  Oflicers ;  and  shall  have  power 
at  such,  or  at  any  Meetings  duly  called,  (and  which  may 
be  called  by  said  Assessors  or  Committees  when  they 
shall  see  fit,  or  shall  be  requested  to  <3all  the  same,  as  is 


454 


Acts,  1793.  —  Chapter  44. 


Powers  of 
Church  War- 
dens. 


Duties  of 

ABsessors. 


hereafter  mentioned)  to  agree  and  contract  with  any 
Teacher  or  Teachers  of  Piety  Religion  and  Morality,  and 
vote  and  raise  monies  for  his  or  their  settlement  and  sup- 
port, and  for  the  support  and  decent  performance  of 
public  worship  in  said  Societies,  and  incidental  Charges, 
and  such  repairs  of  their  houses  of  Worship  as  they  may 
think  proper  to  make  at  the  expence  of  said  Societies ; 
and  also  any  Monies  to  satisfy  any  grant  they  may  have 
occasion  to  make  as  a  consideration  for  any  such  Teachers 
releasing,  by  mutual  agreement  any  contract  made  with 
any  of  Said  Societies,  and  quitting  the  Ministry  or  any 
Grant  they  may  think  proper  to  make  any  Widow  or 
Children  of  any  deceased  Minister ;  all  which  Monies 
may  be  assessed,  either  wholly  on  the  Pews  in  their 
houses  of  Public  Worship,  or  partly  on  them,  and  partly 
on  the  Polls  and  Estates  of  such  Members  as  usually 
attend  Public  Worship  therein  as  they  may  agree  and  in 
such  proportion  as  shall  be  Voted  at  such  Meetings.  And 
the  Church  Wardens  of  said  Episcopal  Church  chosen  at 
their  annual  Meetings  from  time  to  time  shall  have  all  the 
powers  that  Committees  have  in  said  other  Societies,  if 
no  persons  are  specially  chosen  at  such  Meetings  of  said 
Church  as  Committees. 

III.  Aud  be  it  further  enacted  that  the  Assessors  first 
chosen  under  this  Act,  shall  number,  appraise  and  value 
the  Pews  in  their  said  Houses  of  Public  Worship  respec- 
tively, according  to  their  situation  and  rank,  and  make  a 
list  of  such  Valuation,  and  keep  the  same  in  the  Office  of 
the  Assessors  to  be  delivered  to  their  Successors  and  the 
Sums  Voted  from  time  to  time  to  be  laid  on  the  Pews, 
shall  be  assessed  and  apportioned  thereon  by  the  Asses- 
sors for  the  time  being,  according  to  such  valuation,  until 
a  new  one  shall  be  Voted  by  said  Societies  to  be  made,  & 
which  shall  thereupon  be  made  by  the  Assessors  for  the 
time  being  as  aforesaid :  And  said  Assessors  shall  assess 
the  sums,  Voted  to  be  laid  on  the  Polls  and  Estates  on 
the  Polls  of  such  as  were  usuall  worshipers  in  said  Socie- 
ties respectively  on  the  first  day  of  May  next  preceding 
the  time  of  making  such  Assessment,  and  upon  their 
Estates  whereof  they  were  possessed  on  the  same  first 
day  of  May ;  according  to  the  rules  prescribed  in  the  then 
last  Tax  Act  for  assessing  Public  Taxes,  saving  that  said 
Societies  may  Vote  such  sum  to  be  laid  on  the  Poll  as 
they  ma[ke][y]   think  proper,  and  said  Assessors  may 


Acts,  1793.  —  Chapter  44.  455 

overlay  u  sum,  not  exceeding  ten  Per  Cent,  for  abate- 
ments and  to  avoid  fractions ;  and  they  shall  make  lists  of 
said  Assessments  on  Polls  and  Estates  in  the  same  manner 
and  form  as  Town  Assessors  are  required  to  make  them  in- 
serting therein  the  Taxes  on  pews  in  a  separate  Column  — 
to  be  signed  by  them,  or  the  major  part  of  them  —  and  shall 
deliver  the  same,  with  Warrants  in  form  prescribed  by 
Law,  for  collecting  Town  Taxes,  mutatis  mutandis,  for 
collecting  the  same,  signed  as  aforesaid,  but  to  which  no 
Seal  shall  be  necessary,  inserting  a  clause  therein  author- 
izing and  requiring  said  Collectors  to  collect  said  Taxes 
upon  Pews,  and  to  pay  in  the  same  according  to  the 
directions  of  their  Warrants,  and  to  observe  the  directions 
of  law  in  collecting  the  same,  and  in  the  sale  of  Pews, 
where  such  Sale  may  be  necessary,  and  keep  Copies  of 
such  lists  and  Warrants  and  their  valuation  of  Estates  in 
their  Office,  and  deliver  them  to  their  Successors ;  and 
said  Assessors  shall  have  the  same  power  to  make  abate- 
ments that  Town  Assessors  have,  and  all  persons  thinking 
themselves  overrated  shall  have  the  same  remedy  as  in  the 
case  of  an  overrate  in  a  Town  Tax. 

IV.  And  be  it  further  enacted,  that  such  Collectors,  to  Powers  of 
whom  such  Taxes,  with  Warrants  as  aforesaid,  shall  be 
committed  shall  have  the  same  power  to  collect  said  Taxes 
on  Polls  and  Estates,  as  Town  Collectors  have  by  Law, 
and  shall  observe  the  same  directions  in  collecting  and 
paying  over  the  same  according  to  their  Warrants,  which 
they  are  holden  to  observe  ;  and  shall  also  have  power  to 
demand  and  receive  said  taxes  on  Pews  of  and  from  the 
Owners  or  occupants  thereof,  and  shall  be  held  to  pay 
over  the  same  as  aforesaid,  and  if  payment  thereof  is 
neglected  to  be  made  for  thirty  days  after  notice  and  de- 
mand given  and  made  by  said  Collectors  to  the  Owners 
or  occupants  where  known  and  living  in  said  town  or 
posted  up  at  some  door  of  said  houses  when  unknown  or 
not  living  in  said  Town,  of  all  which  such  Collectors  oaths 
shall  be  admitted  as  sufficient  evidence,  such  Collectors 
shall  have  power  to  sell  such  Pews  at  Public  sale  in  said 
Town,  to  the  highest  bidder ;  notice  of  such  intended 
sale,  being  given,  four  clays  at  least,  after  the  expiration 
of  said  thirty  days  and  before  the  times  of  Sale,  by  post- 
ing up  written  Notifications  at  the  doors  of  said  houses 
of  Public  Worship  respectively  of  the  times  and  places 
of  Sale  and  mentionino-  therein  the  Pews  to  be  sold  and 


456 


Acts,  1793.  —  Chapter  44. 


Collectors  to 
declare  their 
acceptance  or 
refusal  of  office, 


Forfeiture  in 
case. 


Compensation 
for  service. 


Powers  of 
Treasurers. 


their  Numbers,  and  to  make  and  execute  proper  deeds  to 
convey  the  same  to  the  purchasers,  which  shall  give  them 
good  Titles  thereto,  and  to  all  the  Owner's  Interest  and 
Share  in  the  Lands  under  and  adjoining  such  houses,  in 
fee ;  and  if  any  overplus  remain  upon  such  Sale,  the 
same  shall  be  immediately  paid  to  the  Owners  after  the 
Taxes  and  all  legal  charges  are  deducted. 

V.  And  any  person  chosen  at  any  legal  Meeting  of 
any  of  said  Societies  to  the  Office  of  Collector,  shall  if 
present  forthwith  declare  his  acceptance  or  refusal ;  and, 
in  case  of  non-acceptance  said  Society  so  met,  shall  pro- 
ceed to  a  new  choice,  and  so  from  time  to  time,  till  one 
shall  accept  and  be  sworn  :  and  any  person  present  so 
chosen  who  shall  not  declare  his  acceptance,  or  being 
chosen  whether  present  or  not,  having  no  reasonable  ex- 
cuse shall  neglect  to  take  the  Oath  of  Office  for  seven 
days  next  after  notice  of  his  being  so  chosen  given  him 
by  the  Clerk,  who  is  hereby  required  forthwith  to  give 
such  notice,  shall  forfeit  and  pay  the  sum  of  Three  Pounds 
to  the  use  of  the  Society,  to  be  recovered  in  the  same  way 
as  Fines  are  to  be  recovered  for  not  serving  the  Office  of 
Constables  in  Towns,  and  in  case  of  such  refusal,  said 
Societies  may,  at  any  meeting,  choose  another  Collector 
in  the  room  of  such  person  refusing  and  they  may  also 
from  time  to  time  choose  new  Collectors  in  the  room  of 
old  ones  and  to  compleat  their  Collections,  in  all  cases 
where  Towns  may  do  the  same  ;  in  all  which  cases  lists 
of  such  outstanding  Taxes,  with  "Warrants  to  Collect  the 
same,  shall  be  made  out  &  delivered  to  them  by  the 
Assessors,  for  the  time  being  in  manner  and  form  afore- 
said, by  force  whereof,  they  shall  have  the  same  power  to 
collect  such  Taxes,  as  such  former  Collectors  had,  and  to 
sell  the  Pews  of  delinquent  owners  observing  the  same 
directions  ;  and  no  person,  exempted  l)y  law  from  serving 
the  Office  of  Parish  Collector,  shall  be  held  to  serve  that 
Office  in  said  Societies,  —  and  such  Collectors  shall  re- 
ceive, for  their  services,  such  sums  as  said  Societies  shall 
vote  and  agree,  or  otherwise,  as  shall  be  agreed  on  by  the 
Assessors,  with  them. 

VI.  A7id  be  it  further  enacted  that  the  Treasurers  of 
said  Societies,  respectively,  shall  have  power  to  demand 
and  receive  of  their  respective  Collectors,  all  sums  com- 
mitted to  them  to  collect  as  aforesaid,  and  to  issue  Execu- 
tions against  delinquents,  in  manner  and  form  as  Town  or 


Acts,  1793.  —  Chapter  44.  457 

Parish  Treasurers  may,  and  they  shall  pay  and  dispose  of 
said  monies  aofreeably  to  the  votes  of  their  Societies  and 
account  annually  for  the  same. 

VII.  And  be  it  further  enacted,  that  the  Clerks  As- 
sessors and  Collectors,  chosen,  from  time  to  time,  by  said 
Societies,  shall  before  they  enter  upon  the  Execution  of 
their  Offices,  take  the  following  Oath  vizt.  — 

You  being  chosen         for  the         in  Newbury  port  for  oath- 
the  year         do  swear  that  you  will  faithfully  discharge  all 
the  duties  of  that  Office  in  all  things,  whereto  the  same  hath 
relation  according  to  Law.  so  help  you  GOD. 

which  Oath  shall  be  administred  to  the  Clerk  by  the  how  and  by 
Moderator,  or  by  some  Justice  of  the  Peace  in  the  Meet-  administered. 
ing  immediately  upon  the  choice  and  before  any  further 
bussiness  shall  be  transacted,  a  record  whereof  being  made 
by  such  Clerk,  and  by  whom  the  Oath  was  administred, 
shall  be  legal  &  sufficient  evidence  thereof.  And  the  said 
Oath  of  Office,  may  be  administred  to  said  other  Officers 
either  by  the  Clerk  or  by  a  Justice  of  the  Peace. 

VIII.  And  be  it  further  enacted  that  all  contracts  here-  Previous  con. 
tofore  made,  by  any  of  said  Societies,  with  their  Ministers  ^^'^  *  '"  '°^ 
or  others,  shall  devolve  and  be  binding  upon  them  by  their 

names,  and  in  their  corporate  Capacities  aforesaid.     And  societieB 

.,^..  ^.,  '^i  1  11        may  prosecute 

the  said  Societies  respectively  are  hereby  made  and  de-  and  defend 
clared,  capable  of  Suing  and  being  sued  by  their  corporate 
names  aforesaid  upon  such  Contracts  and  for  all  Debts 
due  either  before  or  after  their  Incorporation  to  or  from 
them  and  may  appoint  agents  to  appear  for  them  to  prose- 
cute or  defend  such  Suits,  a  Certificate  whereof  given  by 
their  Clerk  shall  be  legal  evidence  of  such  appointments. 

IX.  And  be  it  further  enacted,  that  said  Societies  sev-  Allowed  to  hold 
erally  &  respectively  be  and  they  hereby  are  declared  to  BODarestate'. 
be  capable  of  taking  and  holding,  by  their  several  names 

and  their  corporate  Capacities  aforesaid,  by  gift,  grant, 
purchase,  device.  Legacy  or  otherwise  any  Estate  real  or 
personal  for  the  settlement  and  support  of  Public  Teachers 
of  Piety  Religion  and  morality  in  their  respective  Socie- 
ties, and  for  the  support  and  decent  performance  of  Public 
Worship  therein,  and  other  purposes  aforesaid.  Provided  Proviso. 
the  annual  profits  and  Incomes  of  such  Estates,  in  any 
one  of  such  Societies  does  not  exceed  One  Thousand 
Pounds. 


458 


Acts,  1793.  —  Chapter  44. 


Presbyterian 
Society  to 
possess  certain 
lands. 


Inhabitants  to 
pay  taxes  only 
where  they 
worship. 


What  consti- 
tutes a  member, 


Worshippers  in 
other  parishes 
held  liable. 


Justice  to  issue 
warrant  to  call 
meetings. 


X.  Be  it  further  enacted^  that  said  Presbyterian  Society 
by  that  name,  and  in  their  said  Corporate  Capacity,  shall 
be  deemed  and  taken  in  Law,  to  be  and  stand  seized  in  Fee 
simple,  and  in  Possession,  to  all  intents  and  purposes,  of 
a  lot  of  land  adjoining  on  Federal  Street  &  Orange  Street, 
in  said  Newbury  port  and  the  House  and  other  Buildings 
thereon,  heretofore  purchased  and  Built  by  them  for  the 
use  of  their  Ministers  ;  and  that  each  of  said  Societies  may 
purchase  and  hold  Lands  in  said  Town,  and  erect  Build- 
ings thereon  for  the  same  purpose  the  property  and  fee 
whereof  shall  always  be  in  said  Societies  respectively. 

XI.  And  be  it  further  enacted,  that  all  the  Inhabitants 
of  said  Newbury  Port  shall  be,  and  hereby  are,  intirely 
exempted  and  freed,  from  paying  Taxes,  either  for  their 
Polls  or  Estates  lying  within  the  bounds  of  said  Town, 
towards  the  payment  of  any  charges  or  Expence,  for  the 
settlement  or  support  of  any  teacher  or  teachers  of  Piety 
Religion  &  Morality,  or  support  of  Public  Worship  in 
any  other  place  or  Society  therein  than  that  wherein  they 
usually  attend  Public  Worship. 

And  every  person  who  at  the  time  of  the  passing  of  this 
Act,  usually  attends  Public  Worship  in  either  of  said  So- 
cieties, shall  be  deemed  a  Member  of  the  same,  so  long 
as  he  shall  so  attend  —  and  any  such  person  intending  to 
leave  such  Society  shall  give  notice  to  the  Clerk  thereof 
in  writing;  which  notice  shall  be  recorded  in  the  Society's 
Book  of  Records,  upon  the  doing  whereof,  and  upon  his 
leaving  such  Society,  he  shall  from  and  after  the  last  day 
of  April  then  next  ensuing,  be  exempt  from  Taxation 
therein,  for  his  Poll  &  Estate,  untill  he  shall  return  and 
become  a  Member  again. 

And  he  it  farther  enacted,  that  such  of  said  Inhabitants 
of  said  Newbury  port  as  shall  usually  attend  Public  Wor- 
ship in  any  Parish  without  the  bounds  of  said  Town,  and 
they  only,  and  for  such  time  only  as  they  shall  thus 
attend,  shall  be  held  to  pay  their  proportion  of  Taxes 
towards  the  settlement  and  support  of  the  Minister  or 
Ministers  of  such  Parish  and  other  Parish  charges  therein 
in  such  way  and  manner  as  they  would  be  liable  to  do  if 
they  and  their  Estates  lying  in  said  Newbury  port,  were 
within  the  limits  of  the  Parish  in  which  they  shall  attend, 
and  without  the  bounds  of  said  Newbury  Port. 

And  be  it  further  enacted,  that  any  Justice  of  the  Peace 
in  said  County  be  and  he  is  hereby  impowered,  to  issue 


Acts,  1793.  —  Chapter  44.  459 


hi.s  Warrant  directed  to  some  principal  Member  of  each 
of  said  Societies  respectively,  requiring  them  to  notify 
and  warn  meetings  of  their  respective  Societies  at  suitable 
times  and  places,  therein  to  be  mentioned,  for  the  choice 
of  such  Officers  &  transaction  of  such  bussiness  as  by  this 
Act  they  are  authorized  to  choose  and  transact  and  such 
meetings  shall  be  warned  by  posting  up  Copies  of  such 
Warrants  and  Notiticalions  thereon  signed  by  the  persons 
to  whom  they  shall  be  directed  to  meet  at  the  times  and 
places,  and  for  the  purposes  mentioned  in  such  Warrants, 
at  the  doors  of  their  respective  houses  of  Public  Worship, 
three  days  at  least  before  the  times  appointed  for  said 
Meetings  respectively,  or  where  there  are  any  existing 
Committees  in  any  of  said  Societies  chosen  therein  for 
the  year  last  past,  they  or  the  major  part  of  them,  shall 
have  power  to  warn  the  first  Meetings  of  their  respective 
Societies  under  this  Act ;  And  the  Church  Wardens  of 
said  Church  last  chosen  shall  have  like  power  to  call  the 
first  meeting  of  that  Society  in  manner  and  form  afore-  Meetings,  how- 
said,  and  all  the  persons  aforesaid  empowered  to  warn  whom!""*  ^^ 
such  first  Meetings  shall  make  returns  thereof,  on  some 
one  of  such  Notifications  or  a  Copy  thereof,  at  or  before 
the  times  of  said  Meetings.  And  the  Assessors  or  Com- 
mittees of  said  Societies  respectively  then  and  from  time 
to  time  thereafter  chosen,  or  the  major  part  of  either  of 
them,  shall  have  power  to  call  future  meetings  of  their 
respective  Societies,  by  posting  up  at  the  doors  of  their 
respective  houses  of  Public  Worship  written  Notifications, 
expressing  the  times,  places,  and  bussiness  of  said  Meet- 
ings, three  days  at  least  before  the  times  appointed  there- 
for, and  shall  make  returns  thereof  as  aforesaid  ;  and  all 
Notifications  and  returns  shall  be  filed  and  recorded  by 
said  Clerks  respectively.  And  when  ten  or  more  quali- 
fied voters  shall  in  writing  under  their  hands,  request  the 
Committee  or  Assessors  either  to  insert  any  article  for 
any  matter  or  thing,  in  the  warning  they  shall  give  for 
the  next  meeting  or  to  call  a  meeting  on  puri)ose  to  act 
upon  such  matter  or  thing  it  shall  be  the  duty  of  said 
Committee  or  Assessors  to  comply  with  such  request,  and 
upon  their  refusal,  such  Meeting  may  be  called,  upon  like 
request,  by  any  Justice  of  the  Peace  in  the  County  :  And 
no  Act  or  Vote,  at  any  Meeting,  shall  be  valid,  or  have  any 
legal  effect  or  operation,  unless  the  subject  matter  thereof, 
be  inserted  in  the  warning  or  notification  of  the  Meeting. 


460 


Acts,  1793.  —  Chaptee  44. 


Proprietors  to 
elect  officers. 


—  Power  to 
sell,  convey  & 
purchase. 


Manner  of 
assessing  and 
collecting  of 
monies. 


First  meetings, 
how  called. 


And  be  it  further  enacted  that  the  Proprietors  of  the 
several  houses  of  Public  Worship  aforesaid  respectively, 
be  and  they  hereby  are  impowered,  at  any  legal  meeting 
or  meetings  of  said  Proprietors  respectively,  from  time  to 
time  to  choose  like  Officers  with  those  in  this  Act  before- 
mentioned,  and  by  major  vote,  to  raise,  by  an  Assess- 
ment upon  Pews  in  such  housed,  any  Monies  they  may 
judge  necessary  for  repairing  finishing  or  altering  the 
same. 

And  the  Proprietors  of  the  house  of  Public  Worship 
of  said  first  Religious  Society,  may  by  major  vote  as 
aforesaid,  at  any  legal  Meeting  if  they  think  proper,  sell 
and  dispose  of  in  Fee,  their  land  under  and  adjoining  their 
said  house,  together  with  the  said  house,  and  purchase 
other  land  elsewhere  in  said  Town,  for  the  purpose  of 
erecting  a  New  house  of  Worship  thereon,  in  such  way 
and  manner,  as  they  may  vote  &  agree  upon  ;  and  shall 
be  held  to  pay  such  of  said  proprietors,  as  do  not  choose 
to  be  interested  in  purchasing  such  other  land  and  build- 
ing thereon,  their  just  proportion  (according  to  the  then 
last  valuation  of  the  Pews)  of  the  sum  for  which  their 
said  land,  under  and  adjoining  the  said  house  of  Public 
Worship,  together  with  said  house  may  be  sold  and  may 
sell  divide,  or  dispose  of  the  Pews  and  Seats  in  such  new 
Building  as  they  may  think  proper.  And  such  monies 
shall  be  assessed  and  collected  in  the  same  manner,  by 
the  Assessors  &  Collectors  of  said  Proprietors,  and  paid 
over  to  their  Treasurers,  and  the  same  rules  and  direc- 
tions shall  be  therein  observed  as  are  in  and  by  this  Act, 
before  prescribed  for  the  Assessment  and  Collection  of 
Monies  laid  on  Pews,  for  the  support  of  Public  Teachers 
—  and  their  Treasurer  shall  have  the  same  power,  as  the 
Treasurers  of  said  Societies  b}^  this  Act  have,  to  enforce 
payment  of  such  Taxes,  and  shall  pay  and  account  for  the 
same,  agreeable  to  the  Votes  and  orders  of  the  Proprie- 
tors. And  at  all  such  meetings,  the  Proprietors  shall 
have  power  to  vote  in  person,  or  by  Attorney  —  and  the 
votes  shall  always  be  collected  and  numbered  according 
to  the  Interest  of  the  Proprietors,  present  in  the  meeting 
in  person  or  by  attorney.  And  the  Clerks,  Assessors 
and  Collectors  of  such  Proprieties  respectively,  shall  be 
sworn  in  manner  and  form  aforesaid. 

And  be  it  further  enacted,  that  the  first  meetings  of  said 
Proprietors  respectively  shall  be  called,  by  Warrants  as 


Acts,  1793.  —  Chapter  45.  461 

aforesaid,  from  any  Justice  of  the  Peace  in  said  County 
directed  to  some  one  member  of  each  of  said  Proprieties 
respectively,  who  shall  have  power  to  warn  the  same,  and 
make  return  thereof  in  manner  and  form  aforesaid.  And 
all  future  meetings  of  said  Proprietors  shall  be  called  by 
their  respective  Committees  or  Assessors,  or  the  major 
part  of  either  of  them,  and  return  thereof  made  in  man- 
ner and  form  aforesaid. 

And  be  it  further  enacted  that  all  Laws  heretofore  made,  Laws  repealed, 
to  enable  the  Proprietors  of  any  of  said  houses  of  Public  ®^'^^p'^°s- 
Worship  to  raise  monies  to  defrey  Ministerial  and  other 
necessary  charges,  be  and  they  hereby  are  repealed  ;  sav- 
ing that  they  shall  be  and  remain  in  full  force,  with  respect 
to  the  Assessment  and  collection  of  all  Taxes  already  voted 
to  be  assessed  and  collected,  and  with  respect  to  all  matters 
and  things  duly  begun,  but  not  fully  compleated,  under  and 
by  force  of  them.  Approved  Fehrxiary  22,  1794. 

1793.  —  Chapter  45. 

[January  Sessiou,  ch.  19.] 

AN  ACT,  IN  ADDITION  TO  AN  ACT,  INTITLED,  <'AN  ACT  TO 
PREVENT  THE  DESTRUCTION,  &  TO  REGULATE  THE  CATCH- 
ING OF  THE  FISH,  CALLED  SALMON,  SHAD,  &  ALEWIVES  IN 
THE  RIVERS  &  STREAMS  IN  THE  COUNTIES  OF  CUMBER- 
LAND &  LINCOLN,  &  TO  REPEAL  ALL  LAWS  HERETOFORE 
MADE   FOR  THAT  PURPOSE." 

Whereas  the  time  during  which  provision  is  r)iade  by  Preamble. 
said  Act  that  good  &  sufficient  sluice-vjays  &  passages  for 
the  said  Fish  shall  be  kept  open  has  been  found  too  short, 
with  respect  to  Presumpscut-River,  &  the  several  rivers  & 
st7'eams  communicating  with  <&  running  into  the  same. 

Be  it  therefore  Enacted  by  the  Senate  <&  House  of  Rep- 
resentatives in  General  Court  Assembled  &  by  the  Author- 
ity of  the  same,  that  from  &  after  the  passing:  of  this  Act  Proprietors  to 

•  ,  1  o  keep  open 

it  shall  be  the  duty  of  any  person  or  persons  who  own,  or  eiuice  ways, 
occupy  any  mill-dam,  wear,  obstruction,  or  incumbrance  "°  **'  penalty. 
in,  or  across  the  said  Presumpscut-River,  or  any  of  the 
said  Rivers  or  streams  communicating  with,'  or  running 
into  the  same,  to  provide,  open,  &  keep  open,  at  his  or 
their  own  expence  a  good  &  sufficient  sluice-way  &  pas- 
sage for  the  said  fish  to  pass  between  the  fifteenth  day  of 
April,  &  the  twentieth  day  of  July,  annually,  under  the 
same  penalties,  to  be  recovered  in  the  same  manner,  & 


462 


Acts,  1793.  —  Chapter  46. 


subject  to  the  same  controul  of  the  several  Towns  Com- 
mittees, in  case  of  any  breach  or  infringement  of  this 
Act,  as  in  &  by  the  said  Act,  to  which  this  Act  is  an 
addition,  is  provided.  Apjjwved  February  24,  1794. 


Proprietors 
of  St.  Peter's 
Church  incor- 
porated. 


Proviso, 


1793.  —  Chapter  46. 

[January  Session,  ch.  20.] 

AN  ACT  TO    INCORPORATE  THE    PROPRIETORS  OF  ST.  PETER'S 
CHURCH  IN  SALEM  IN  THE   COUNTY  OF  ESSEX. 

Be  it  Enactect  by  the  Senate  &  House  of  Representa- 
tives in  General  Court  Assembled  &  by  Authority  of  the 
same,  that  the  Proprietors  of  Saint  Peter's  Church  &  of 
the  land  under  &  adjoining  the  same  in  Salem  in  the 
County  of  Essex  shall  be,  &  they  are  hereby  incorporated 
&  made  a  body  politic  &  corporate  by  the  name  of —  The 
Proprietors  of  Saint  Peter's  Church,  &  are  &  shall  be 
capable  &  liable  to  purchase  &  hold  any  lands  or  tene- 
ments, goods  or  chattels,  &  to  sue  &  be  sued  in  any 
actions  real,  personal  or  mixed,  &  otherwise  to  do  & 
suffer  as  other  bodies  politic  generally  may ;  provided 
that  the  whole  estate  real  &  personal  of  the  said  Corpo- 
ration shall  not  at  any  time  exceed  the  annual  value 
of  three  hundred  Pounds,  besides  their  church,  &  shall 
be  no  otherwise  used  or  employed  than  in  the  support 
of  a  religious  Society  &  the  offices  of  public  Worship  & 
Christian  Charity. 

And  be  it  further  enacted  by  the  Authority  aforesaid, 
that  the  said  Corporation  shall  hold  their  first  meeting  on 
Easter-Monday  next,  &  shall  afterwards,  annually,  hold  a 


Time  of  hold- 
ing, meetings 
for  choice  of 

otherpu^poses.  meeting  on  the  Easter  Monday  of  every  year,  for  the 
choice  of  a  Clerk,  Treasurer,  Wardens  &  Vestry,  &  of 
such  other  officers  for  the  government  of  the  said  Corpo- 
ration, &  the  management  of  their  aflairs,  civil  &  relig- 
ious, as  the  Proprietors  present  at  such  annual  meeting 
shall  see  fit  to  appoint,  &  who  may  also  at  such  annual 
meeting  agree  upon  &  establish  the  powers  &  authorities 
which  the  said  Wardens,  Vestry  &  other  officers  shall  & 
may  hold  &  exercise  &  all  other  rules  &  regulations  re- 
specting the  calling  &  holding  of  meetings,  the  assess- 
ment &  collection  of  taxes,  for  the  repairs  of  the  Church 
&  the  support  of  Public  Worship,  &,  the  better  ordering 
of  the  affairs  of  the  said  Corporation ;  &  such  annual 
meeting  may  be  adjourned  by  the  Proprietors  who  shall 


Acts,  1 793.  —  Chapter  47.  463 

be  present  until  the  business  proposed  to  be  acted  thereat 
shall  be  compleated  :  And  at  such  annual  meeting,  &  at 
any  other  meeting  to  be  called  &  notified  as  the  Proprie- 
tors shall  agree,  they  may  fill  any  vacant  ofiice,  &  repeal 
&  amend  their  rules  &  regulations  at  their  discretion,  & 
may  vote  any  sum  or  sums  of  money  to  be  assessed  upon 
the  Pews  of  said  Church,  or  otherwise  as  the  Proprietors 
shall  &  may  agree,  for  the  repairs  of  the  Church  &  the 
support  of  Public  Worship  ;  provided  that  previous  notice  Proviso. 
in  one  religious  meeting,  at  the  least,  shall  be  o;iven  of 
all  matters  to  l)e  transacted  at  any  meeting  of  the  said 
Proprietors.  And  the  said  Corporation  shall  have  a  com- 
mon Seal  which  they  may  break,  alter  &  renew  at  their 
Pleasure. 

And  be  it  further  Enacted  hy  the  authority  aforesaid, 
that  the  Pews  &  Seats  in  said  Church  shall  be  duly  valued  va^u^ng  pews 
from  time  to  time  by  the  said  Proprietors  or  by  any  Com-  fa^xes^^'"^ 
mittee  who  shall  be  appointed  by  them,  respect  to  be  had 
to  the  situation  &  other  conveniences  of  such  Pews  & 
Seats ;  &  all  taxes  for  the  support  of  a  Minister,  repairs 
of  the  Church  &  other  expences  of  Public  Worship,  shall 
be  assessed  according  to  such  valuation,  to  be  paid  by  the 
owners  or  occupants  :  &  in  default  of  payment  for  one 
year  after  public  notice  of  any  Assessment,  the  pew  or 
seat  upon  which  such  deficiency  arises  shall  revert  to  the 
Corporation  &  may  be  sold  in  such  way  &  manner  as  they 
shall  agree.  Approved  February  24,  1794. 

1793.  — Chapter  47. 

[January  Session,  ch.  21. J 

AN  ACT  TO  DIVIDE  THE  TOWN  OF  FRANKFORT,  IN  THE  COUNTY 
OF  HANCOCK,  &  TO  ERECT  THE  SOUTHERLY  PART  OF  IT  INTO 
A  NEW  TOWN  BY  THE  NAME  OF  PROSPECT. 

£e  it  Enacted  by  the  Senate  <&  House  of  Representatives 
in  General  Court  Assembled,  S  by  the  Authority  of  the 
same,  that  the  Southerly  part  of  the  town  of  Frankfort,  in  Boundaries. 
the  County  of  Hancock,  contained  within  the  following 
boundaries,  to  wit,  —  beginning  at  the  bay  of  Belfast  on  a 
brook  called  the  half  way  Creek,  &  following  said  Creek 
up  to  the  Northwest  corner  of  the  town  of  Belfast,  —  from 
thence  running  due  North  to  a  pond,  called  Goose  pond, 
where  there  is  a  spruce  tree  marked  on  four  sides,  — 
from  thence  due  East  to  Marsh  River,  —  then  down  said 


464  Acts,  1793.  —  Chapter  48. 

river  to  Penobscot  River,  &  on  said  Penobscot  River  to 
Fort  Pownal,  so  called,  from  thence  on  Penobscot  River, 
or  bay  to  the  first  mentioned  bounds,  together  with  Brig- 
adier's island,  so  called,  &  all  the  inhabitants  within  the 
Prospect  above  described  lines,  be,  &  they  hereby  are  divided  from 

incorporated.  .  . 

the  town  of  Frankfort  &  incorporated  into  a  seperate 
town,  by  the  name  of  Prospect,  with  all  the  privileges  & 

Proviso.  immunities  of  other  Towns  in  this  Commonwealth ;  pro- 

vided that  all  State,  County  &  Town  charges  which  may 
be  due  from  the  inhabitants  of  that  part  of  the  town  of 
Frankfort  which  is  hereby  set  off,  shall  be  collected  & 
paid  in  the  same  manner  as  if  said  Town  of  Prospect  was 
not  hereby  incorporated. 

^w[d]  be  it  further  Enacted  by  the  authority  aforesaid, 

Simeon  Fowler,  that  Siuicon  Fowlcr,  Esquire,  be  &  he  hereby  is  author- 

Esq.  to  issue  •        t      r,      '  -,  .  \  .  "^  ..i 

warrant.  izcd  &  mipowcrcd  to  issuc  liis  Warrant  to  some  suitable 

person  in  said  town  of  Prospect  requiring  the  inhabitants 
of  said  Town  to  meet  at  such  time  &  place  as  he  shall  ap- 
point, to  choose  such  officers  as  Towns  are  by  Law  im- 
powered  to  chuse  at  their  annual  meetings  in  March  or 
April.  And  said  Simeon  Fowler,  esquire,  is  further  im- 
powered  to  issue  his  warrant  to  some  suitable  person  in 
the  Town  of  Frankfort  requiring  him  to  warn  the  inhabi- 
tants of  said  town  to  meet  at  such  time  &  place  as  he  shall 
appoint,  to  till  up  such  vacancies  as  may  happen  in  the 
offices  of  the  said  Town  of  Frankfort  in  consequence  of 
this  Act.  A]J2>roved  February  24,  1794. 

1793.  — Chapter  48. 

[January  Session,  ch.  22.] 

AN  ACT  TO  INCORPORATE  THE  PLANTATION  CALLED  SOWER- 
DABSCOOK  WITH  PART  OF  THE  TOWN  OF  FRANKFORT  INTO 
A  SEPERATE  TOWN  BY  THE  NAME  OF  HAMPDEN. 

Be  it  Enacted  by  the  Senate  &  House  of  Representatives 
in  General  Court  Assembled  &  by  the  Authority  of  the 
Boundaries.  Same,  that  the  plantation  called  Sowerdabscook  &  the 
Northerly  part  of  the  town  of  Frankfort,  included  within 
the  following  boundaries,  to  wit,  beginning  at  the  North 
East  corner  of  the  Northerly  line  of  the  Waldo  Patent  so 
called,  on  Penobscot  River,  &  bounded  on  the  South  by 
the  Northerly  line  of  said  Patent,  running  six  Miles  on 
said  line,  —  from  thence  running  North,  ten  degrees  East, 
till  it  comes  to  the  town  of  Bangor,  thence  on  said  Line 


Acts,  1793.  —  Chapter  49.  465 

to  Penobscot  river,  &  thence  bounded  on  the  said  River 
to  the  first  mentioned  boundary,  together  with  the  inhabi- 
tants thereof  be  &  hereby  is  incorporated  into  a  town  by  Hampden 
the  name  of  Hampden,  &  the  inhabitants  of  said  Town  are 
hereby  invested  with  all  the  })owers,  privileges  &  immuni- 
ties which  the  inhabitants  of  Towns  within  this  Common- 
wealth do  or  may  by  Law  enjoy ;  provided  hoivever,  that 
all  State,  Town  &  County  charges  which  may  be  due  from 
that  part  of  said  Town  which  is  hereby  set  off  from  the 
town  of  Frankfort  shall  be  collected  &  paid  in  the  same 
manner  as  if  this  act  had  not  been  made. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  Simeon  Fowler,  esquire,  be  &  hereby  is  authorized  la^^toiM^u^'"* 
&  impowered  to  issue  his  warrant  to  some  suitable  inhabi-  warrant 
tant  of  the  said  Town  of  Hampden  requiring  such  person 
to  notify  the  inhabitants  of  said  Town  to  meet  at  such 
time  &  place  as  he  shall  appoint  to  elect  such  officers  as 
Towns  are  by  Law  impowered  to  choose  at  their  annual 
meetings  in  March  or  April. 

Approved  February  24^  1794. 

1793.  —  Chapter  49. 

[January  Session,  ch.  23.] 

AN   ACT  DIVIDING   THE   COMMONWEALTH   INTO  DISTRICTS  FOR 

THE  CHOICE  OF  COUNSELLORS  &  SENATORS. 

Be  it  Enacted  by  the  Senate  &  House  of  Rejjresentatives 
in  General  Court  Assembled  &  by  the  Authority  of  the 
same,  that  from  &  after  the  passing  of  this  Act,  the  whole  commonwealth 
Commonwealth  be  &  hereby  is  formed  &  divided  into 
thirteen  Districts,  for  the  choice  of  Counsellors  &  Sena- 
tors, in  manner  following,  &  that  each  District  be  & 
hereby  is  directed  &  authorized  to  chuse  the  number  of 
Counsellors  &  Senators  thereto  respectively  affixed,  in 
manner  as  is  by  Law  provided,  vizt. 

The  County  of  Suffolk  shall  form  one  District  &  chuse 
four  Senators. 

The  County  of  Essex  shall  form  one  District  &  chuse 
five  Senators. 

The  County  of  Middlesex  shall   form   one  District  & 
chuse  four  Senators. 

The  County  of  Hampshire  shall  form  one  District  & 
chuse  five  Senators. 

The  Counties  of  Plimouth,  Dukes  County  &  Nantucket 
shall  form  one  District  &  chuse  three  Senators. 


466  Acts,  1793.  —  Chapter  50. 

The  County  of  Barnstable  shall  form  one  District  & 
chuse  one  Senator. 

The  County  of  Bristol  shall  form  one  District  &  chuse 
two  Senators. 

The  County  of  York  shall  form  one  District  &  chuse 
two  Senators. 

The  County  of  Worcester  shall  form  one  District  & 
chuse  five  Senators. 

The  County  of  Berkshire  shall  form  one  District  & 
chuse  two  Senators. 

The  County  of  Cumberland  shall  form  one  District  & 
chuse  two  Senators. 

The  Counties  of  Lincoln,  Hancock  &  Washington  shall 
form  one  District  &  chuse  two  Senators. 

The  County  of  Norfolk  shall  form  one  District  &  chuse 
three  Senators. 

Provided,  that  in  the  Fifth  District  the  Counsellors  & 
Senators  assigned  to  said  District  shall  be  chosen  in  man- 
ner following,  that  is  to  say ;  for  the  present  year,  & 
every  second  succeeding  year,  the  said  County  of  Plim- 
outh  shall  chuse  seperately  two,  &  the  said  Counties  of 
Dukes  County  &  Nantucket  one,  &  every  other  year  the 
said  District  shall  unite  in  the  choice  of  the  whole  num- 
ber assigned  to  said  District. 

Approved  February  24,  1794. 

1793.  —  Chapter  50. 

[January  Session,  ch.  27.] 

AN  ACT  FOR  INCORPORATING  A  NUMBER  OF  INHABITANTS  IN 
THE  COUNTY  OF  BERKSHIRE,  INTO  A  RELIGIOUS  SOCIETY, 
BY  THE  NAME  OF  THE  FIRST  BAPTIST  SOCIETY  IN  SANDIS- 
FIELD. 

Be  it  Unacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,   and  by  the  authority 
Persons  incor-    of  the  Same,  that  Nathaniel  B  Dowd,  William  Munley, 
porated.  Ezckicl  Fargo,  Samuel  Heath,  Aaron  Heath,  Levi  Soper, 

Joseph  Wentworth,  John  Jones,  John  Jones  Junr.  Abner 
Chafflin,  Perrygreen  Smith,  Joshua  Chafflin,  Levi  Heath, 
Ira  Heath,  Paul  Sears,  Robbins  Kilbourn,  Jabez  Holden, 
Jeremiah  Comstock,  Peirly  Chafflin,  Daniel  Baker,  John 
Phelps,  Joshua  Emmins,  Cornelius  Cone,  Elisha  Smith, 
Thomas  Holman,  Samuel  Chappel,  Abner  Miller,  Jaris 
Barker,  and  Isaac  Chappel  of  Sandisfield  :  Samuel  Thomp- 


Acts,  1793.  —  Chapter  51.  467 

son,  Gideon  Joslyn,  Israel  Alden,  Benjamin  Heath, 
Asaph  Morse,  Asa  Joslyn,  Jesse  Morse,  Jareel  Thomp- 
son, Moses  Morse,  Abel  Benedict,  Silvanus  Harris,  Asa 
Wadsworth,  Samuel  Thompson  junr.,  Samuel  Wheelock, 
Levi  Wheelock,  Levi  Wadsworth,  Hosea  Brown,  David 
Brewer,  and  Israel  Baker  of  Tyringham  :  Solomon  Shep- 
ard,  Samuel  Norton,  David  Baldwin,  Daniel  Shepard, 
Hurel  Price,  Nathaniel  Shepard,  Amos  Chappel,  Jonathan 
Forsyth,  Joseph  Chappel,  Thomas  Maxen,  Alexander 
Knap,  Abel  Baker,  William  Morse,  Thomas  Wilcox, 
Joseph  Burchard  &  Thomas  Shepard,  of  New  Marlbor- 
ough :  Seth  Morse,  William  Denton,  Aaron  Lawrence, 
William  Eay,  Daniel  Chapman,  Perry  green  Comstock, 
Elnathan  Minor,  Ebenezer  Comstock,  Hezekiah  Bowls, 
&  Phineas  Atwood  of  Great  Barrington  in  the  County 
of  Berkshire,  are  hereby  incorporated  into  a  Parish  or  Name  of 
religious  society,  by  the  name  of  the  First  Baptist  Society 
in  Sandisfield,  with  all  the  priviledges,  powers,  &  immuni- 
ties, which  parishes  in  this  Commonwealth  do,  or  may  by 
law  enjoy. 

And  he  it  further  Enacted  by  the  authority  aforesaid, 
that  Solomon  Robbins  Esqr.  be,  &  he  hereby  is  author-  soiomon  Rob- 
ised  to  issue  his  Warrant,  directed  to  some  principal  ise^ue  wll-'rant. 
member  of  said  Society,  requiring  him  to  warn  the  mem- 
bers of  the  said  Society,  qualified  to  vote  in  parish  aflairs, 
to  assemble  at  some  suitable  time  and  place  mentioned  in 
said  Warrant,  to  choose  all  such  Officers  as  parishes  by 
law  are  required  to  choose  in  the  month  of  March  or 
April  annually.  Approved  February  25,  1794. 

1793.  —  Chapter  51. 

[January  Session,  ch.  24.] 

AN  ACT  FOR  INCORPORATING  A  NUMBER  OP  INHABITANTS  OF 
THE  TOWN  OF  WEST  STOCKBRIDGE  IN  THE  COUNTY  OF  BERK- 
SHIRE INTO  A  DISTINCT  &   SEPERATE  RELIGIOUS  SOCIETY. 

Be  it  Enacted  by  the  8enate  &  House  of  Representa- 
tives in  General  Court  Assembled,  &  by  the  AutJiority  of 
the  same,  that  Nathaniel  Wilson,  Ephraim  Slauter,  Abijah  Persons 
Smith,  Nathaniel  Galusha,  Shubael  Wilson,  John  Loyd,  "'""'P"'"*'®  • 
Jonas  Standish,  Earring  Wilson,  Erancis  Esland,  John 
Brown,  Samuel  Darling,  Nathaniel  Rawson,  Sanuiel  Lane, 
Stephen  Chatfield,  Daniel  Spencer,  Elisha  Hooper  Moses 
Parmele,     Christopher    Winter,    John    Winter,    Samuel 


468 


Acts,  1793.  —  Chapter  52. 


Thomas  Lnsk, 
Esq.  to  issue 
warrant. 


Hutchinson,  Mathew  Hutchinson,  David  Hutchinson, 
John  Gore  Esland,  John  Esland,  John  Mikler,  Asahel 
Lusk,  Joseph  A  Turner,  Elihu  Crane,  Thomas  Benedict, 
Peter  Bresee,  Nicholas  Bresee,  Christopher  Park,  Thomas 
Dolen,  John  Benedict  members  of  the  said  Religious 
Society  together  with  their  polls  &  estates,  be,  &  they  are 
hereby  incorporated  by  the  name  of  the  Baptist  Religious 
Society  in  West  Stockbridge  with  all  the  privileges, 
powers  &  immunities  which  other  parishes  in  this  Com- 
monwealth are  by  Law  intitled  to. 

And  be  it  enacted  by  the  authority  aforesaid,  that 
Thomas  Lusk,  esquire,  be  &  he  is  hereby  authorized  to 
issue  his  warrant  directed  to  some  principal  member  of 
the  said  Society  requiring  him  to  warn  the  Members  of 
the  said  Society  qualified  to  vote  in  Parish  affairs  to  as- 
semble at  some  suitable  time  &  place  in  said  town  of  West 
Stockbridge  to  chuse  such  Parish  Ofiicers  as  are  by  Law 
required  to  be  chosen  in  the  month  of  March  or  April 
annually,  &  to  transact  all  matters  &  things  necessary  to 
be  done  in  said  Society.        Approved  February  25,  1794. 


Preamble. 


Proprietors 
Incorporated. 


1793.  — Chapter  53. 

[January  Session,  ch.  25.] 

AN  ACT  FOR  INCORPORATING  CERTAIN  PERSONS  FOR  THE  PUR- 
POSE OF  BUILDING  A  BRIDGE  OVER  FORE  RIVER  BETWEEN 
PORTLAND,  AND  CAPE  ELIZABETH,  AND  FOR  SUPPORTING 
THE  SAME, 

Wliereas  the  erecting  a  Bridge  over  the  River,  between 
Portland,  &  Cape  Elizabeth,  will  be  of  great  Publick 
Utility,  &  William  Vaughan  <&  others,  have  petitioned  this 
Court  for  an  Incorporation. 

Be  it  therefore  enacted  by  the  Senate,  and  House  of 
Repi^esentatives  in  General  Court  assembled,  and  by  the 
Authority  of  the  same,  that  William  Vaughan,  Jesse  Par- 
tridge, James  Webb,  Archelaus  Lewis,  John  Quimby, 
Peleg  Wadsworth,  Tristram  Jordan,  Thomas  Cutts,  Rish- 
worth  Jordan  junr.,  Samuel  Calef,  Joseph  McLellan, 
Joshua  Fabyan,  Jeremiah  Hill,  Samuel  Scammon,  Nathan- 
iel Scammon,  Matthias  Rice,  Josiah  Libbey,  Seth  Libbey, 
Dominicus  Goodwin,  &  Isaac  Skillen,  be  and  they  are 
hereby  constituted  a  Corporation,  &  Body  Politic,  for  the 
purpose  of  Building  a  Bridge  over  the  River  called  Fore 
River,  between  Portland  and  Cape  Elizabeth,  so  long  as 


Acts,  1793.  —  Chapter  52.  4G9 

they  shall  continue  to  be  Proprietors  in  the  Fund  to  be 
raised  for  that  purpose,  together  with  all  those,  who  are, 
or  shall  hereafter  become  Proprietors  of  the  said  Fund 
under  the  name  of  the  Proprietors  of  the  Portland  Bridge,  Name. 
and  by  that  name  may  sue,  and  prosecute,  be  sued,  and  ^'d'be'^Bued"'^ 
prosecuted  to  final  judgment  and  execution,  and  do,  and 
suffer  all  other  matters,  and  things  which  Bodies  Politic, 
may,  and  ought  to  do,  and  sufler,  and  that  the  said  Cor- 
poration shall,  and  may  have  full  Power,  and  Authority 
to  make,  have,  and  use  a  Common  Seal,  and  the  same  to 
break,  and  alter  at  pleasure. 

And  be  it  further  enacted  by  the  Authority  aforesaid^ 
that  the    said    William   Vaughan,    Peleg  Wadsworth,  &  Persons  to 
Joseph  McLellan,  or  any  two  of  them,  may  by  advertize-  j^g™*™^^" 
ment  in  either  of  the  News  Papers  published  in  Portland, 
call  a  meeting  of  the  said  Proprietors,  to  be  holden  at  any 
proper  place,  after  fifteen  days  from  the  Publication  of  said 
advertizement ;  And  the    Proprietors    by  a  Vote  of  the  Majority 
Majority  of  those  present,  or  represented  at  the  said  meet-  u-Msact'busi. 
ing  (accounting  and   allowing  one   Vote  to  each  single  °^**- 
Share  ;  Provided  that  no  one  Proprietor  shall  have  more  Provisos, 
than  Ten  Votes  in  any  case)  shall  have  Power  to  transact 
any  Bussiness  for  the  benefit  of  said  Corporation,   Pro- 
vided it  is  not  repugnant  to  the  Constitution,  or  Laws  of 
this  Commonwealth  :  And  this  Act  and  all  Rules  regula- 
tions &  Votes  of  the  said  Corporation,  shall  be  fairly,  and 
truly  Recorded,  by  the  said  Clerk  in  a  Book,  or  Books 
for  that  purpose. 

And  he  it  further  enacted  by  the  Authority  aforesaid^ 
that  for  the  purpose  of  reimbursing  the  said  Proprietors  toii 
for  the  monies  by  them  expended,  or  that  may  hereafter  ^*'"''"*^«^- 
be  expended  in  Building  and  supporting  said  Bridge,  a 
Toll  be,  &  is  hereby  granted  &  established  for  the  sole 
benefit  of  said  Proprietors,  according  to  the  rules  follow- 
ing ;  that  is  to  say  ;  For  each  foot  Passenger,  Two  Cents ;  Rates  of  tou. 
for  each  Person  and  Horse  Six  Cents ;  for  each  Chaise, 
for  each  Sulky,  or  for  each  Sley  drawn  by  Two  Horses, 
Twelve  Cents  &  one  half;  for  each  Coach,  Chariot,  Phaeton 
or  Curricle,  Twenty  five  Cents,  for  each  Waggon,  Cart, 
Sled  or  other  Carriage  of  Burthen,  drawn  by  one  or  two 
Beasts,  or  for  each  Sley  drawn  by  one  Horse  Eight  Cents, 
&  for  each  additional  Yoke  of  Cattle,  in  The  same  Team, 
Two  Cents  ;  and  for  each  Wheel  Barrow,  Hand  Cart,  or 
other  Vehicle  capable  of  carrying  a  like  weight  with  one 


470 


Acts,  1793.  —  Chaptek  52. 


Proviso. 


Bridge,  how 
built. 


Sign  to  be 
ezpoaed. 


Draw. 


ricrs. 


Places  where 
built. 


Person,  Three  Cents ;  for  Neat  Cattle  or  Horses,  exclu- 
sive of  those  rode  on,  or  in  Carriages,  or  in  Teams,  Two 
Cents,  each  ;  for  Sheep  &  Swine  at  the  rate  of  Eight  Cents 
the  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  said  Bridge  for 
Passengers,  and  shall  continue  for  the  benefit  of  the  said 
Corporation  forever ;  Provided,  that  after  the  term  of 
Thirty  years,  the  rate  of  toll  shall  be  subject  to  the  Regu- 
lations of  Government. 

And  be  it  further  enacted  by  the  Authority  aforesaid, 
that  the  said  Bridge  shall  be  well  built,  at  least  Thirty 
feet  wide,  of  good  &  suitable  materials,  and  be  well  cov- 
ered with  Plank,  or  Timber,  suitable  for  such  a  Bridge, 
with  sufficient  Rails  on  each  side  for  the  safety  of  Pas- 
sengers, and  the  same  shall  be  kept  in  good,  safe  &  passa- 
ble repair.  And  the  Proprietors  at  the  Place  or  Places 
where  the  Toll  shall  be  collected,  shall  erect,  and  keep 
constantly  exposed  to  view,  a  Sign,  or  Board,  with  the 
rates  of  Toll  of  all  the  Toleable  articles  fairly  &  legibly 
written  thereon  in  large  or  Capital  Letters. 

And  be  it  further  enacted  by  the  Authority  aforesaid, 
that  the  said  Proprietors  shall  build  and  keep  a  convenient 
and  sufficient  draw,  or  Passage  way,  at  least  Twenty  eight 
feet  wide,  at  some  place  in  the  said  Bridge  proper  for  the 
passing  and  repassing  of  Vessels  by  day  &  by  night 
through  the  said  Bridge,  and  shall  also  build,  and  main- 
tain in  good  repair,  a  suitable  Pier,  or  Wharf,  upon  each 
side  of  said  Bridge,  &  adjoining  the  Draw  sufficient  for 
Vessels  to  lie  at,  and  the  said  Draw  shall  be  lifted  for  all 
Vessels  without  Toll  or  Pay,  except  for  Boats  or  Vessels 
passing  for  pleasure.  And  all  Vessels  intending  to  pass 
said  Draw  shall  be  free  of  charge  at  the  Wharf,  or  Pier, 
untill  a  suitable  time  shall  offer  for  passing  the  same. 

And  be  it  further  enacted  by  the  Authority  aforesaid, 
that  the  Bridge  shall  be  built  at  a  place  called  Bramhall's 
Point  in  Portland,  and  land  at  or  near  Jacob  Brown's  Farm 
in  Cape  Elizabeth,  as  may  be  determined  on  by  a  majority 
of  the  Proprietors. 

And  be  it  further  enacted  that  unless  said  bridge  shall 
be  compleated  within  six  years  from  the  passing  this  Act, 
this  Act  shall  be  void.  Apiproved  February  25,  1794. 


Acts,  1793.  —  Chapters  63,  54.  471 


1793.  —  Chapter  53. 

[January  Session,  ch.  26.] 

AN  ACT  FOR  INCORPORATING  THE  INHABITANTS  OF  THE  SOUTH- 
ERLY TART  OF  THE  TOWN  OF  NEW  MARLBOROUGH,  IN  THE 
COUNTY  OF  BERKSHIRE,  INTO  A  SEPERATE  PARISH. 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of 
the  same,  that  the  inhabitants  of  the  town  of  New  Marl-  fn*'co*rporated. 
borough,  in  the  County  of  Berkshire  with  their  families, 
together  with  the  lands  &  estates  south  of  a  line  drawn 
east  and  west  through  the  centre  of  the  said  town,  be,  & 
they  are  hereby  incorporated  into  a  seperate  Parish  by 
the  name  of  The  South  Parish  in  New  Marlborough,  with 
all  the  powers,  priviledges  and  immunities,  which  other 
Parishes  in  this  Commonwealth  are  intitled  to  by  law. 

Be  it  Enacted  by  the  authority  aforesaid,  that  Ebenezer  Ebenezer 
Smith  Esqr.  be,  &  he  is  hereby  [au-] authorized  to  issue  his  isTuc  wa^rlnu 
Warrant,  directed  to  some  principal  inhabitant  within  the 
said  South  Parish,  requiring  him  to  warn  the  inhabitants 
thereof  qualified  by  law  to  vote  in  Parish  meetings,  to 
assemble  at  some  suitable  time  &  place  in  said  parish,  to 
choose  such  officers  as  Parishes  are  empowered  to  choose 
in  the  month  of  March  or  April  annually ;  &  to  transact 
all  matters  &  things  necessary  and  lawful  to  be  done  in 
the  said  Parish. 

Be  it  further  Enacted,  that  if  any  person  or  persons  in  rergons  inciin- 
either  parish  of  the  said  town  of  New  Marlborough,  shall  Bafd^odity? 
be  inclined  to  join  with  his  or  their  families  to  the  other 
parish  in  said  town,  &  shall  lodge  a  Certificate  thereof 
with  the  Secretary  of  this  Commonwealth,  within  five 
months  from  the  time  of  passing  this  Act,  he  or  they, 
with  their  families  and  estates,  shall  be  considered  as  be- 
longing to  such  parish  as  aforesaid. 

Ap'prove.d  February  25,  1794. 

1793.  —  Chapter  54. 

[January  Session,  ch.  28.] 

AN  ACT  TO  INCORPORATE  THE  PLANTATION  OF  WASHINGTON 
IN  THE  COUNTY  OF  YORK  INTO  A  TOWN  BY  THE  NAME  OF 
NEWFIELD. 

Be  it  Enacted  by  the  Senate  (&  House  of  Representatives 
in   General  Court  Assembled  &  by  the  Authority  of  the 


472 


Acts,  1793.  —  Chapter  55. 


Boundaries. 


Joseph  Gil- 
patrick,  Esq.  to 
issue  warrant. 


same,  that  the  following  described  tract  of  land  vizt. 
bounded  on  the  North  by  the  town  of  Parsonfield,  on  the 
East  by  Limeric,  on  the  South  by  Shapleigh  &  on  West 
by  the  State  of  New  Hampshire,  together  with  the  inhab- 
itants thereon  be  &  they  hereby  are  incorporated  into  a 
town  by  the  name  of  Newfield :  And  the  said  town  is 
hereby  invested  with  all  the  powers,  privileges  &  immu- 
nities which  other  towns  in  this  Commonwealth  do  or  may 
enjoy  by  Law. 

And  be  it  further  enacted  hy  the  authority  aforesaid, 
that  Joseph  Gilpatrick  Esqr.  be  &  he  is  hereby  impow- 
ered  to  issue  his  warrant  directed  to  some  suitable  inhab- 
itant of  the  said  town  of  Newfield  requiring  him  to  warn 
the  inhabitants  thereof  qualified  as  the  Law  directs  to 
vote  in  Town  meeting  to  meet  at  some  convenient  time  & 
place  to  choose  all  such  officers,  as  towns  are  by  Law  re- 
quired to  choose  in  the  month  of  March  or  April  annually. 

Approved  February  26,  1794. 


Preamble. 


Persons 
incorporated. 


Name  of 
Boclety. 


1793.  — Chapter  55, 

[January  Session,  ch.  29.] 

AN  ACT    INCOUPORATING    A  SOCIETY,  BY    THE    NAME   OF    THE 
TRUSTEES   OF  THE   BAPTIST  EDUCATION  FUND. 

Whereas  a  number  of  persons,  in  behalf  of  themselves 
and  others  of  the  Baptist  denomination,  have  petitioned, 
and  it  appears  to  the  General  Court  expedient  that  they, 
their  associates  and  successors,  be  incorporated  into  a 
society,  for  the  purpose  of  assisting  in  the  education  of 
young  persons  of  their  own  denomination,  for  the  min- 
istry. 

Be  it  therefore  Enacted  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  that  Samuel  Stillman  Doctor  of 
Divinity,  Hezekiah  Smith,  William  Williams,  Jonathan 
Maxey,  Isaac  Backus,  Noah  Alden,  Isaiah  Parker,  Thomas 
Baldwin,  Thomas  Green,  Joseph  Grafton  and  George 
Robinson,  Clerks;  Messrs.  Robert  Rogers,  and  Benjamin 
Morgan  Stillman,  and  their  successors  be,  and  they  are 
hereby  incorporated  into  a  Society  by  the  name,  stile  and 
title  of  The  Trustees  of  the  Baptist  education  fund ;  and 
shall  so  be  and  remain  forever,  and  by  the  same  name, 
stile  and  title,  may  sue  and  prosecute,  and  be  sued  and 
prosecuted  to  final  judgment  and  execution. 


Acts,  1793.  —  Chapter  55.  473 

And  be  it  further  Enacted  by  the  authority  aforesaid,  that  Powers, 
the  said  society  shall  have  power  to  make  a  common  seal, 
and  alter  the  same  at  pleasure  ;  and  to  make  bye  laws,  for 
the  preservation  &  advancement  of  said  body,  which  shall 
not  be  repugnant  to  the  laws  of  this  Commonwealth. 

And  be  it  farther  Enacted  by  the  authority  aforesaid, 
that  the  said  societ}'^  shall  be,  &  hereby  are  made  capable  society  may 
in  law  of  receiving  any  grants  or  devises  of  lands  or  tene-  p°**'®**  ^*"'^''' 
ments,  in  fee  simple,  or  for  a  less  estate,  and  any  dona- 
tions and  bequests  of  money,  or  other  personal  estate, 
from  any  person  or  persons  whatever ;  and  to  use  and  im- 
prove the  same  for  the  purposes,  and  according  to  the 
directions  herein  mentioned  :  provided  that  the  rents  of  P''o"*° 
the  real  estate,  together  with  the  income  of  the  personal 
estate  of  said  society,  shall  not  annually  exceed  the  sum 
of  one  thousand  pounds. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  all  grants,  donations,  devises  &  bequests  of  any  real  -A-ppropriaUoiB. 
or  personal  estate  to  the  said  society,  shall  be  used  and 
improved  to  the  best  advantage  ;  and  the  annual  income 
thereof,  shall  be  applied  to  the  assistance  of  such  young 
persons,  in  their  education  for  the  Baptist  ministry,  as  the 
Trustees  of  said  society,  or  a  majority  of  all  shall  de- 
termine to  be  fit  subjects  thereof:  Provided  nevertheless.  Proviso, 
that  the  said  Trustees,  or  a  majority  of  them,  if  at  any 
time  they  should  think  fit,  may  encrease  their  capital  by 
loaning  a  part  of  the  said  income  at  interest,  or  by  pur- 
chasing real  estate  therewith,  and  may  at  any  time  be- 
stow a  part  of  the  principal  of  their  personal  estate,  in 
assisting  young  persons  as  aforesaid,  if  consistent  wnth 
the  directions  of  the  Donor. 

And  be  it  further  Enacted,  that  the  said  society,  wiien  society  may 
ten  of  them,  at  least,  shall  deem  it  most  for  it's  advantage,  foan^'proc'cedB. 
may  sell  and  dispose  of  in  fee  simple  or  otherwise,  all,  or 
any  of  its  real  estate,  and  loan  at  interest  the  proceeds 
thereof,  or  invest  the  same  in  such  funds,  personal  estate, 
or  other  real  property,  as  they  may  judge  will  be  most 
for  its  advantage  :  provided  always,  that  the  interest  and  I'^o^'^"- 
income  of  the  loans  and  property,  Avherein  such  proceeds 
may  be  invested,  shall  always   be  applied  to  the  same 
use,  whereto  the  income  of  the  estate  sold,  was  before 
applicable. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  all  deeds,  grants,  covenants  and  agreements  to  be  ^ecu^ted?'' 


474 


Acts,  1793.  —  Chapter  56. 


Number  of 

Trustees 

limited. 


Time  of 
meetings 
estnblished. 


made  for,  or  in  behalf  of  the  said  society,  shall  be  exe- 
cuted under  the  common  seal  of  the  same,  and  by  such 
person  or  persons  as  the  said  society  or  a  majority  thereof 
shall  appoint. 

And  be  it  /wither  Enacted  hy  the  authority  aforesaidy 
that  the  said  society  or  trustees  shall  not  exceed  thirteen 
in  number,  who  shall  be  elected  by  the  Warren  Associa- 
tion, so  called,  unless  the  same  should  hereafter  be  dis- 
solved, in  which  case  the  said  society  shall  be,  and  hereby 
are  invested  with  all  the  powers  of  filling  their  vacancies, 
which  are  conferred  by  this  Act  on  the  Association  afore- 
said. 

And  he  it  further  Enacted  hy  the  authority  aforesaid, 
that  the  said  society  shall  meet  in  the  town  of  Boston  an- 
nually, on  the  day  next  after  the  last  Wednesday  in  May  ; 
and  at  such  other  times  and  places,  within  this  Common- 
wealth, as  the  Society  shall  judge  proper :  And  at  the 
annual  May  meetings,  the  said  society  may,  choose  all  such 
Officers,  as  they  shall  deem  necessary ;  and  seven  of  the 
said  Trustees  shall  constitute  a  quorum  to  do  business,  in 
all  such  cases,  wherein  a  greater  number  are  not  required 
by  this  Act.  Approved  February  26,  1794. 


Certain  lots  of 
land  &  inhabi- 
tants thereon, 
set  off. 


1793.  — Chapter  56. 

[January  Session,  eh.  30.] 

AN  ACT  FOR  SETTING  OFF  FROM  THE  TOWN  OF  CHESHIRE  IN 
THE  COUNTY  OF  BERKSHIRE,  THREE  LOTTS  OF  LAND  WITH 
THE  INHABITANTS  THEREON  &  FOR  ANNEXING  THE  SAME 
TO  THE   TOWN  OF  WINDSOR. 

Whereas  it  appears  to  this  Court,  that  by  the  Incorpo- 
rating Act  of  the  said  Town  of  Cheshire,  Lotts  No.  Forty 
four,  Forty  five,  and  Fifty  two,  were,  through  mistake 
incorporated  with  said  Town. 

Be  it  therefore  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives in  General  Court  asse7nhled,  and  by  the  Author- 
ity of  the  same,  That  the  said  Lotts  No.  Forty  four.  Forty 
five,  and  Fifty  two,  with  the  Inhal^itants  living  thereon, 
formerly  belonging  to  the  Town  of  Windsor  be  and  they 
hereby  are  set  ofl'  from  the  said  Town  of  Cheshire,  and 
annexed  to  the  Town  of  Windsor. 

Approved  February  26,  1794. 


Acts,  1793.  —  Chapter  57.  475 


1793.  — Chapter  57. 

[January  Session,  ch.  31.] 

AN  ACT  IN  AD])ITION  TO  AN  ACT  INTITLED  AN  ACT  FOR  EN- 
FORCING THE  SPEEDY  PAYMENT  OF  RATES  AND  TAXES,  AND 
DIRECTING  THE  PROCESS  AGAINST  DEFICIENT  CONSTABLES 
AND   COLLECTORS. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  Authority  of 
the  same,  that  if  the  Inhabitants,  qualified  to  vote  in  Town  Treasurer  to 
aftairs,  of  any  town,  district,  or  Plantation  in  this  Com-  wa'rrant'against 
monwealth  from  which  any  State  Tax  or  Taxes  now  re-  jowll's'.'etc^fn 
main  due  and  unassessed  including  the  Class  Tax  so  called,  to ?hoo8°e^i'r' 
shall  neglect,  for  the  space  of  five  months  from  the  pass-  seseors. 
ing  of  this  Act,  to  choose  Assessors  to  assess  the  same, 
and  cause  the  assessment  thereof  to  be  certified  as  the 
Law  requires  to  the  Treasurer  of  the  Commonwealth  for 
the  time  being,  and  agreeable  to  his  Warrant  directing 
the  same,  he  is  hereby,  authorized  and  directed  to  issue 
his  Warrant,  under  his  hand  and  Seal,  directed  to  the 
Sheriff  of  the  County,  or  his  deputy,  requiring  him  to 
levy  and  collect,  by  distress  and  Sale,  the  sum  mentioned 
therein  of  the  Estates  real  and  Personal  of  any  inhabi- 
tant or  inhabitants  of  such  deficient  Town  District,  or 
Plantation  ;  which  Warrant  the  said  Sheriff,  or  his  Dep- 
uty, is  hereby  impowered  &  required  to  execute,  observing 
the  same  rules,  and  regulations  as  are  by  Law  provided 
for  satisfying  Warrants  against  deficient  Collectors  of 
Public  Taxes  ;  &  it  shall  be  the  duty  of  the  said  Sheriff, 
or  his  Deputy,  on  the  receiving  of  the  said  Warrant, 
forthwith  to  transmit  an  attested  Copy  thereof  to  the 
Selectmen  or  Town  Clerk  of  the  Town,  District  or  Plan- 
tation named  therein  ;  And  if  the  Assessors  shall  within 
Sixty  days  from  the  receipt  of  such  attested  Copy,  deliver 
to  the  said  Sheriff,  or  his  deputy,  a  Certificate,  according 
to  law,  of  the  Assessment  of  the  Tax  or  Taxes  required 
by  said  Warrant,  and  pay  the  Officer  his  legal  fees,  he 
shall  forthwith  transmit  the  same  Certificate  to  the  said 
Treasurer  and  return  the  Warrant  unsatisfied. 

And  be  it  further  enacted,  that  if  the  Inhabitants  qualified  -  ^°  '^sue 
to  Vote  in  Town  affairs  of  any  Town,  District,  or  Planta-  other  cases 
tion  in  this  Commonwealth,  from  which  any  State  or  °^°®«'^'''- 
County  Tax  shall  hereafter  be  required,  shall  neglect  to 


476 


Acts,  1793.  —  Chapter  57. 


—  to  isBue 
warrant  in 
case  of  neglect 
of  Aeseagors. 


InhabitantH 
allowed  to 
bring  actions 
against  towns. 


choose  and  keep  in  Office  Assessors  to  assess  the  same,  as 
the  Law  requires,  the  Treasurer  of  the  Commonwealth, 
or  of  the  County,  for  the  time  being,  is  hereby  author- 
ized and  directed  to  issue  his  Warrant  under  his  hand 
and  Seal,  directed  to  the  Sheriff  of  the  County  or  his 
Deputy,  requiring  him  to  levy  and  collect  the  sum  men- 
tioned therein  in  manner  aforesaid.  And  the  said  Sherifl* 
or  his  Deputy  shall  execute  the  said  Warrant  observing 
all  the  rules  and  regulations,  and  all  the  Provissions  men- 
tioned in  the  first  enacting  Clause  in  this  Act. 

And  be  it  further  enacted,  that  if  the  Inhabitants  quali- 
fied to  Vote  in  Town  affairs,  of  any  ToAvn,  District,  or 
Plantation,  in  this  Commonwealth,  from  which  any  State 
Tax  or  Taxes  now  remain  due,  or  from  which  any  State, 
or  County  Tax,  shall  hereafter,  be  required,  shall  choose 
Assessors,  who  shall  neglect  to  assess  the  Tax  required 
by  the  Warrant  issued  to  them,  or  to  reassess  any  tax  on 
the  failure  of  a  Collector  and  to  certify  the  Assessment  as 
the  Law  directs  and  the  estates  of  such  Assessors  shall  be 
found  insufficient  to  pay  the  same  tax  in  the  manner 
already  provided  by  Law,  then  and  in  every  such  case  the 
Treasurer  of  the  Commonwealth,  or  of  the  County  for 
the  time  being,  is  hereby  authorized  and  directed  to  issue 
his  Warrant,  under  his  hand  and  Seal,  directed  to  the 
Sheriff'  of  the  County,  or  his  Deputy,  requiring  him  to 
levy  and  collect,  by  distress  and  Sale,  so  much  of  the 
sum  mentioned  therein  as  the  Estates  of  the  Assessors 
shall  be  insufficient  to  pay,  of  the  estates  real  and  per- 
sonal of  any  other  Inhabitants  of  the  deficient  Town,  Dis- 
trict or  Plantation,  which  Warrant  the  said  Sheriff,  or  his 
Deputy,  shall  execute,  observing  all  the  rules  and  regula- 
tions and  all  the  said  Provissions  mentioned  in  the  first 
enacting  clause  in  this  Act. 

And  be  it  further  enacted  that  if  the  estate  of  any 
Inhabitant  or  Inhabitants  (not  being  an  Assessor  or 
Assessors)  of  any  Town,  District,  or  Plantation  shall  be 
levied  upon  and  taken  as  aforesaid,  he  or  they  shall  have 
an  Action  or  Actions  against  the  Town,  District  or  Plan- 
tation, to  recover  the  full  value  of  the  Estate  so  levied 
upon  and  taken,  with  Interest  thereon,  computed  at  the 
rate  of  twelve  per  Cent  per  Annum,  and  from  the  time 
the  said  estate  was  taken,  with  legal  costs  of  suit ;  and  at 
the  trial  the  Pla[ijntiff  or  Pla[?']ntiffs  shall  be  admitted 
to  prove  the  real  and  true  value  of  the  estate  so  taken  at 
the  time  the  same  was  levied  upon. 


Acts,  1793.  —  Chapter  58.  477 

And  in  order  that  such  Action  or  Actions  may  be  sup- 
ported against  a  Plantation, 

Be  it  farther  enacted  that  each  Plantation  in  the  said  Plantations 
Commonwealth,  from  which  any  State  Tax  or  Taxes  now  '"^°'"^'"'''  ^ 
remain  due  and  unassessed,  or  from  which  any  State  or 
County  Tax  shall  hereafter  be  requir'd  as  aforesaid,  be 
and  hereby  is  made  a  body  politic  and  corporate  for  the 
purposes  aforesaid,  and  liable  to  such  Action  or  Actions 
with  full  power  to  defend  the  same,  in  the  same  manner 
as  Towns  by  law,  may  defend  Suits  against  them. 

Be  it  further  enacted  that  this  Act  shall  continue  and 
be  in  force  for  the  term  of  three  years  from  passing  the 
same.  Approved  February  26,  1794. 

1793.  —  Chapter  58. 

[January  Session,  ch.  33.] 

AN  ACT  TO  INCORPORATE  A  RELIGIOUS  SOCIETY  BY  THE  NAME 
OF  THE  METHODIST  SOCIETY  IN  THE  FIRST  PARISH  OF  LYNN 
IN  THE  COUNTY  OF  ESSEX. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  Authority  of 
the  same  that  Benjamin  Johnson,  Micajah  Newhall,  Enoch  ^orat*e°d '°*'*""' 
Mudge,  Henry  Hollo  well,  Moses  Goodridge,  David 
Walker,  Eleazer  C.  Richardson,  James  Newhall  junr. 
John  Messervey,  Zachariah  Atwell,  Ezra  Allen,  John 
Breeden,  Daniel  Newhall  junr.  Daniel  Lindsey,  Burrell 
Devereux  junr.,  Holton  Johnson,  James  Sealand,  John 
Newhall,  Nathaniel  Newhall,  Thomas  Bowler,  William 
Farrington,  Amos  Farrington,  William  Farrington  junr. 
Thomas  Farrington,  James  Williams,  Rand  Graves,  James 
Nourse,  Abijah  Ramsdell  junr.  John  D.  Atwell,  Daniel 
Parrot,  Daniel  Gallusha,  Samuel  Green,  Eleazer  C.  In- 
gulls,  Samuel  H.  Green,  Michajah  Burell,  Theophilus 
Bacheller,  Benjamin  Burell,  Abijah  Ramsdell,  Jonathan 
Rhodes,  Samuel  Collins,  Samuel  Fearn,  James  Fearn, 
Daniel  Newhall,  Henry  Burchsted,  Theophilus  Hollowell, 
Hanson  Newhall,  John  Ireson,  Robert  Mansfield,  Nathan 
G.  Pratt,  Rufus  Mansfield,  John  M.  Mansfield,  Levi 
Gowdey,  Rufus  Mansfield  junr.  Ezra  Brown,  Daniel 
Watts,  Allen  Newhall,  Tomson  Burrell,  Robert  Spinney, 
James  Pratt,  Nathan  Sargent,  Abner  Inguls,  James 
Bacheller,  Joseph  Johnson,  Benjamin  Johnson  junr., 
Thomas  A.  Breed,  Timothy  Johnson,  Joseph  Johnson 
junr.,  Timothy  Newhall,  Daniel  Parrot  junr.  Joseph  Par- 


478 


Acts,  1793.  —  Chapter  58. 


Name  of  the 
Society. 


Empowered  to 
raise  taxes. 


rott,  William  P.  Kentisbear,  Benjamin  Parrott,  Benjamin 
Alley  junr.  Richard  Pratt,  Benjamin  Parrott  junr.  Rufus 
Parrott,  Ebenezer  Kenne}^  William  Lewis,  Ebenezer 
Burrell  Nathan  Mudge,  Timothy  Munro,  Samuel  Bach- 
eller,  John  L.  Johnson,  Timothy  Newhall  junr.,  Nathaniel 
Lewis,  John  Lewis,  Edmund  Lewis,  Benjamin  Lewis, 
Daniel  Ingulls,  Henry  Richards,  Joseph  Lewis,  Jonathan 
Ingulls,  James  Lewis,  John  Ingulls,  Joseph  Blaney, 
Daniel  Chace,  Daniel  Fuller,  Joseph  Fuller,  Richard 
Whitemore,  Susannah  Burrage,  Samuel  Burrell,  Richard 
Richards,  Joseph  Richards,  Isaac  Proctor,  Edmund  Clark, 
Nathaniel  Lewis,  Eleazer  Ingulls,  Ephraim  Brown,  Samuel 
Ireson,  Nathaniel  Ingulls,  Edmund  Ingulls  junr.  John 
Ingulls  junr.  Samuel  Ingulls,  Amos  Starker,  James  Par- 
rott, Samuel  Martin,  Shadrach  Ramsdell,  Henry  Ingulls, 
William  Ramsdell,  John  Nickels,  Ebenezer  Newhall  junr., 
Thomas  Cheever  junr.,  Joseph  Breed  junr.  Raphael 
Wheeler,  Theophilus  Breed,  Joel  Breed,  Nehemiah  Rams- 
dell, Benjamin  Spinney,  Foster  Newhall,  Susannah  Flagg, 
Ebenezer  Newhall,  Benjamin  Newhall  junr.,  Ebenezer 
Mansfield,  Ephraim  Alley,  Jonathan  Mansfield,  Aaron 
Newhall  Members  of  a  Religious  Society  in  the  Town  of 
Lynn  in  the  County  of  Essex  and  all  others  Inhabitants 
of  said  Town  who  shall  become  Members  of  said  Society 
by  the  purchase  or  other  Ownership  of  a  Pew  or  Seat  in 
their  Meeting  House  or  by  usually  worshipping  with  such 
Society,  and  thereupon  obtaining  a  Vote  of  admission  as 
a  Member  by  the  Society  at  a  legal  Meeting  for  that  pur- 
pose, shall  be,  and  they  and  their  Successors,  hereby  are, 
incorporated,  and  made  a  Body  Politic,  and  Corporate, 
by  the  name  of  the  Methodist  Society  in  the  first  Parish 
of  Lynn,  and  shall  have  and  enjoy,  so  long  as  they  shall 
usu[s]ally  support  and  maintain  a  Public  Teacher  of  Piety, 
Religion  and  Morality  all  and  singular  the  privilidges  and 
immunities,  of  a  Religious  Society,  and  the  Powers  and 
Authorities  of  a  Parish  for  the  Assessment  and  Collection 
of  any  Taxes  which  shall  be  Voted  and  agreed  to  be  levied 
by  such  Society  at  a  regular  Meeting,  for  the  support  of 
their  Institution  of  Public  Worship  and  any  uses  of  Chris- 
tian Charity.  And  the  said  Society  if  they  see  cause  may 
assess  and  levy  their  Taxes,  or  any  part  thereof,  upon  the 
Pews  or  Seats,  of  their  Meeting  House,  and  may  agree 
upon  any  method  of  recovering  the  same  ])y  the  Sale  of 
such  Pew  or  Seat,  which  shall  be  thought  just  and  con- 


Acts,  1793.  —  Chapter  59.  479 

venient  at  the  time  when  such  Assessment  shall  be  or- 
dered. And  the  said  Society  may  elect  annually,  and  at  society  may 
any  other  time  in  case  of  vacancy  and  as  they  shall  agree 
a  Clerk  and  Treasurer  and  any  other  Officers  which  they 
shall  find  necessary  for  the  conduct  of  their  afiairs,  and 
may  sue,  and  shall  be  liable  to  be  sued  by  their  corporate 
name,  and  thereby  shall  pursue  answer  and  defend  in  any 
Suit.  Provided  that  no  person  not  herein  named,  shall  Provisos, 
be  considered  as  a  Member  of  the  said  Corporation,  untill 
it  shall  be  certified  by  the  Clerk  thereof,  to  the  Clerk  of 
the  Parish  or  Town  wherein  such  person  is,  at  the  time 
holden  for  Parish  Taxes,  and  such  Certificate  delivered 
accordingly.  And  Provided  also  that  any  member  of 
said  Society  leaving  with  the  Clerk  or  Treasurer  thereof, 
a  Certificate  in  writing,  of  his  intention  to  withdraw  there- 
from shall  not  be  liable  in  person  or  Estate  to  pay  any 
proportion  of  any  Tax  thereafter  Voted  and  assessed  by 
said  Society  but  shall  be  considered  as  a  member  of  the 
Parish  in  which  he  resides. 

And  be  it  further  enacted,  that  John  Carnes  Esqr.  be  john  cames, 
and  he  is  hereby  authorized  to  issue  his  Warrant,  directed  wlri-ant'.**"* 
to  some  principal  member  of  said  Society,  requiring  him 
to  warn  the  first  Meeting  of  the  Members  qualified  to  Vote 
in  their  Aifairs  to  be  holden  at  some  convenient  time  and 
place,  for  the  choice  of  a  Clerk  and  Treasurer,  and  any 
other  Officers  which  shall  be  necessary  and  to  agree  upon 
a  method  of  calling  future  meetings,  and  to  transact  any 
other  matter  respecting  the  ajQfairs  of  said  Corporation 
which  shall  be  set  forth  in  such  Notification. 

Approved  February  26,  1794. 

1793.— Chapter  59. 

[January  Session,  ch.  32. J 

AN  ACT  PROVIDING  FOR  THE  RELIEF  AND  SUPPORT,  EMPLOY- 
MENT AND  REMOVAL  OF  THE  POOR,  J^-ND  FOR  REPEALING 
ALL  FORMER  LAWS  MADE  FOR  THOSE  PURPOSES. 

Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of 
the  same,  that  every  Town  and  District,  within  this  Com-  Towns  author- 
mon wealth,  shall  be  holden  to  relieve  and  support  all  j^^^^"^^/^ «"pp°^' 
poor  and  indigent  persons  lawfully  settled  therein,  when- 
ever they  shall  stand  in  need  thereof;  and  may  vote  and 
raise  monies  therefor,  and  for  their  employment,  in  the 


480 


Acts,  1793.  —  Chapter  59. 


—  to  choose 
Overeeera  — 


—  who  shall 
have  the  care 
thereof. 


Proviso. 


Court  of 
Common  Pleas 
authorized,  in 
case,  of  support- 
ing poor. 


Proviso. 


same  way  that  monies  for  other  Town  or  District  charges 
are  voted  and  raised ;  And  may  also,  at  their  annual 
meetings,  choose  any  number,  not  exceeding  twelve,  of 
suitable  persons  dwelling  therein,  to  be  Overseers  of  [of] 
their  poor,  and  where  such  are  not  specially  chosen,  the 
Selectmen  shall  be  Overseers  of  the  Poor  ex  officio. 

Be  it  farther  enacted.  That  said  Overseers  shall  have  the 
care  and  oversight  of  all  such  poor  and  indigent  persons 
so  settled  in  their  respective  Towns  and  Districts  ;  and 
shall  see  that  they  are  suitably  relieved,  supported  and 
employed  either  in  the  workhouse,  or  other  tenements  be- 
longing to  such  Towns  or  Districts  or  in  such  other  way 
and  manner,  as  they,  at  any  legal  meeting  shall  direct,  or 
otherwise  at  the  discretion  of  said  Overseers,  at  the  cost 
of  such  Town  or  District. 

Provided  always  and  be  it  further  enacted,  that  the 
kindred  of  any  such  poor  person,  if  any  he  shall  have, 
in  the  line  or  degree,  of  Father  or  Grandfather,  Mother 
or  Grandmother,  Children  or  Grand  children,  by  consan- 
guinity living  within  this  Commonwealth,  of  sufficient 
ability,  shall  be  holden  to  support  such  Pauper,  in  pro- 
portion to  such  ability. 

And  the  Court  of  Common  Pleas  in  the  County  where 
any  one  of  such  kindred  to  be  charged  shall  reside,  upon 
complaint  made  by  any  Town  or  District,  or  kindred  who 
shall  have  been  at  any  expence  for  the  relief  and  support 
of  any  such  Pauper  (which  complaint  being  filed  in 
the  Clerk's  Office  of  such  Court  and  summons  thereon 
issued,  directed  to  and  served  by  any  proper  Officer  to 
serve  original  summons,  and  in  the  manner  they  are  by 
Law  to  be  served,  fourteen  days  before  the  sitting  of  such 
Court  shall  be  sufficient  to  hold  the  persons  summoned  to 
answer  thereto)  may  on  due  hearing  either  u{)on  the  ap- 
pearance or  default  of  the  kindred  so  summoned,  assess 
and  apportion  such  sum  as  they  shall  judge  reasonable 
therefor,  upon  such  of  said  kindred  as  they  shall  judge  of 
sufficient  ability  and  according  thereto,  to  the  time  of 
such  assessment  with  costs,  and  may  enforce  payment 
thereof  by  Warrant  of  distress,  Provided  such  assessment 
shall  not  extend  to  any  expence  for  any  relief  afforded 
more  than  six  months  previous  to  the  filing  of  such  com- 
plaint : 

And  may  further  assess  and  apportion  upon  them  such 
weekly  sum  for  the  future,  as  they  shall  judge  sufficient 


Acts,  1793.  —  Chapter  59.  481 

for  the  support  of  such  Pauper,  to  be  paid  quarterly  till 
further  order  of  Court,  and  upon  application  from  time 
to  time  of  the  Town  District  or  kindred  to  whom  the 
same  shall  have  been  ordered  to  be  paid,  the  Clerk  of 
said  Court  shall  issue,  and  may  renew  a  Warrant  of  Dis- 
tress for  the  arrears  of  any  preceding  quarter. 

And  the  Court  may  further  order  with  whom  of  such 
kindred  that  may. desire  it,  such  pauper  shall  live  and  be 
relieved,  and  for  such  time  with  one,  and  such  with 
another,  as  they  shall  judge  proper,  having  regard  to  the 
comfort  of  the  Pauper,  as  well  as  the  convenience  of  the 
kindred.  And  upon  suggestion,  other  kindred  of  ability 
not  named  in  the  complaint  may  be  notified,  and  the  proc- 
ess may  be  continued,  and  upon  due  notice,  whether 
they  appear  or  are  defaulted,  the  Court  may  proceed 
against  them  in  the  same  manner  as  if  they  had  been 
named  in  the  complaint.  But  if  such  complaint  be  not 
entered  or  be  discontinued  or  withdrawn,  or  be  adjudged 
groundless  the  respondents  shall  recover  costs. 

And  such  Court  may  take  further  order  from  time  to 
time  in  the  premises  upon  application  of  any  party  inter- 
ested, and  may  alter  such  asessment  and  apportionment 
as  the  circumstances  may  vary. 

And  be  it  fartJier  enacted.  That  said  Overseers  be,  and  auThorfzed  to 
they  hereby  are  empowered  from  time  to  time  to  bind  out,  ^^"I'^i^e^n  ^""'^ 
by  deed  indented  or  Poll,  as  apprentices  to  be  instructed 
and  employed  in  any  Lawful  art,  trade  or  mystery,  or  as 
servants  to  be  employed  in  any  lawful  work  or  labour, 
any  Male  or  Female  children  whose  parents  are  lawfully 
settled  in  and  become  actually  chargeable  to  their  Town 
or  District;  also  whose  parents  so  settled,  shall  be 
thought  by  said  Overseers  to  be  unable  to  maintain  them 
(whether  they  receive  alms  or  are  so  chargeable  or  not) 
pi'ovided  they  be  not  assessed  to  any  Town  or  district  Proviso, 
charges ;  and  also  all  such  who  or  whose  parents  residing 
in  their  Town  or  District  are  supported  there  at  the 
charge  of  the  Commonwealth,  or  whose  parents  are  unable 
to  support  them  as  aforesaid,  to  any  Citizen  of  this  Com- 
monwealth—  That  is  to  say,  male  children  till  they  come 
to  the  age  of  Twenty  one  years,  and  females  till  they 
come  to  the  age  of  eighteen  or  are  married  ;  which  binding 
shall  be  as  valid  and  eifectual  in  law,  as  if  such  children 
had  been  of  the  full  age  of  Twenty  one  years,  and  had  by  a 
like  deed  bound  themselves,  or  their  parents  had  been 


482 


Acts,  179B.  —  Chapter  59. 


Duty  of  Over- 
Beers  respecting 
such  children. 


Court  of  Com- 
mon Pleas 
authorized  in 
case. 


Apprentices 
discharged  may 
be  bound  anew. 


Power  of  Over- 
Beers. 


Proviso. 


consentino;  thereto :  Provission  to  be  made  in  such  deed 
for  the  instructing  of  male  children,  so  bound  out  to  read 
write,  &  cypher  and  of  Females,  to  read,  and  write  and 
for  such  other  instruction,  benefit,  and  allowance  either 
within  or  at  the  end  of  the  term,  as  to  the  Overseers  may 
seem  fit  and  reasonable. 

And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
said  Overseers,  to  enquire  into  the  usage  of  children 
already  legally  bound  out  or  that  may  be  bound  out  by 
force  of  this  Act,  and  to  defend  them  from  injuries.  And 
upon  complaint,  by  such  Overseers  made  to  the  Court  of 
Common  Pleas  in  the  County  where  their  Town  or  Dis- 
trict is  or  where  the  child  may  be  bound,  against  the  mas- 
ter of  any  such  child,  for  abuse,  ill  treatment  or  neglect, 
said  Court  (having  duly  notified  the  i)arty  complained  of) 
may  proceed  to  hear  the  complaint,  and  if  the  same  be 
supported,  and  the  cause  shall  be  judged  suflScient  may 
liberate  and  discharge  such  child  from  his  or  her  Master, 
with  costs,  for  which  execution  may  be  awarded,  otherwise 
the  complaint  shall  be  dismissed,  but  without  costs,  unless 
it  appear  groundless  and  without  probable  cause,  in  which 
case  costs  shall  be  allowed  the  respondent. 

And  any  apprentice  or  servant  so  discharged  or  whose 
master  shall  decease,  may  be  bound  out  anew,  for  the  re- 
mainder of  the  term  in  manner  aforesaid  :  And  such  Over- 
seers may  also  have  remedy  by  action  on  such  deed, 
against  any  person  liable  thereby,  for  recovery  of  damages 
for  breaches  of  any  of  the  Covenants  therein  contained, 
which  when  recovered  shall  be  placed  in  the  Town  or 
District  Treasury,  deducting  reasonable  charges,  and  dis- 
posed of  by  the  Overseers  at  their  discretion  for  the  bene- 
fit and  relief  of  such  apprentice  or  servant  within  the 
term ;  the  remainder,  if  any,  to  be  paid  him  at  the  expira- 
tion thereof;  and  the  Court  before  which  such  cause  shall 
be  tried  originally  and  on  the  appeal  may  also,  upon  the 
Pla[z]ntifi"'s  request,  if  they  see  cause,  liberate  and  dis- 
charge such  apprentice  or  servant  from  his  master,  if  it  hath 
not  then  been  already  done  in  the  method  before  directed  by 
this  Act.  And  such  apprentice  or  servant  shall  have  like 
remedy  when  their  term  is  expired,  for  damages  for  the 
causes  aforesaid  other  than  such  (if  any)  for  which  dam- 
ages may  have  been  recovered  as  aforesaid,  by  action 
upon  such  deed,  to  be  delivered  them  for  that  purpose, 
and  on  which  no  endorsement  shall  be  necessary,  provided 


Acts,  1793.  —  Chapter  59.  483 

such  action  be  commenced  within  two  years  after  the 
expiration  of  the  term  ;  and  where  such  deed  shall  have 
before  been  put  in  suit,  an  attested  Copy  from  the  proper 
Office  may  be  used  and  have  the  same  force  as  the  orig- 
inal. And  no  action  brought  by  Overseers  shall  abate  by 
the  death  of  some  of  them,  or  by  their  being  succeeded  in 
Office,  pending  the  action,  but  it  shall  proceed  in  the 
names  of  the  original  pla[i]ntitfs  or  the  survivors  of  them. 

And  in  case  of  elopement,  any  such  apprentice  or  ser-  in  case  of  eiope- 
vant  may  be  apprehended  by  any  Justice  of  the  peace  of  "*"  ' 
the  County  where  he  is  bound  or  where  he  may  be  found, 
upon  the  complaint  of  the  master  or  any  other  on  his  behalf, 
and  returned  to  his  master  by  any  person  to  whom  the 
Warrant  may  be  directed,  or  may  be  first  sent  to  the 
house  of  correction  at  the  Justice's  discretion.    And  every  Personsenticing 

, .    .  ,  ^  .  i     J  1  to  elope  liable. 

person  enticmg  any  such  apprentice  or  servant  to  elope 
from  his  master,  or  harbouring  him,  knowing  him  to  have 
eloped,  shall  be  liable  to  the  master's  action  for  all  dam- 
ages sustained  thereby.  And  the  Court  of  Common  Pleas 
either  in  the  County  where  the  Overseers  binding,  or  the 
master  of  any  apprentice  or  servant  bound,  live,  may  also 
upon  complaint  of  such  master,  for  gross  misbehaviour, 
discharge  such  apprentice  or  servant  from  his  apprentice- 
ship or  service,  after  due  notice  to  such  Overseers  and 
hearing  thereupon. 

And  be  it  fwther  enacted.  That  said  Overseers  shall  ^Jth"rized 
have  power  to  set  to  work  or  bind  out  to  service  by  deed  respecting 
as  aforesaid,  for  a  term  not  exceeding  one  whole  year  at  wards  of  21 
a  time,  all  such  persons,  residing  and  lawfully  settled  in  ^''^''"°  *^®* 
their  respective  Towns  or  Districts,  or  who  have  no  such 
settlement   within   this   Commonwealth,  married  or   un- 
married,  upwards  of  Twenty  one  years  of  age,  as  are 
able  of  body,  but  have  no  visible  means  of  support,  who 
live  idly  and  use  and  exercise  no  ordinary  or  daily  lawful 
trade  or  bussiness  to  get  their  living  by ;  and  also  all  per- 
sons who  are  liable  by  any  law  to  be  sent  to  the  house  of 
correction  upon  such  terms  and  conditions  as  they  shall 
think  proper. 

Provided  always,  That  any  person  thinking  him  or  her-  Proviso, 
self  agrieved  by  the  doings  of  said  Overseers,  in  the 
premises,  may  apply  by  complaint  to  the  Court  of  Com- 
mon pleas,  in  the  County  where  they  are  bound,  or  where 
the  Overseers  who  bound  them  dwell,  for  relief;  which 
Court,  after  due  notice  to  the  Overseers,  &  to  their  mas- 


484 


Acts,  1793.  —  Chapter  59. 


Authorized 
respecting  those 
poor  who  live 
■without  the 
bounds  of  in- 
corporated 
towns. 


Keepers  of 
houses  of  ill 
fame  to  be 
apprehended. 


ters,  shall  have  power,  after  due  hearing  and  examination, 
if  they  find  sufficient  cause,  to  liberate  and  discharge  the 
party  complaining  from  his  or  her  master,  and  to  release 
him  or  her  from  the  care  of  the  Overseers,  otherwise  to 
dismiss  the  complaint,  and  to  give  costs  to  either  party  or 
not,  as  the  Court  may  think  reasonable. 

And  be  it  further  Unacted,  that  the  poor  persons  stand- 
ing in  need  of  relief,  living  without  the  bounds  of  any  in- 
corporated town  or  district,  shall  be  under  the  care  of  the 
Overseers  of  the  poor,  appointed  in  the  adjoining  town  or 
district,  wherein  the  inhabitants  of  such  unincorporated 
place  are  usually  taxed  :  And  the  same  Overseers  shall 
have  the  like  authority  to  bind  out  the  children  of  such 
poor  persons,  as  they  are  vested  with  respecting  the  chil- 
dren of  persons  in  like  circumstances,  inhabitants  of  the 
town  or  district  in  which  they  are  appointed.  And  such 
Overseers  may  also  set  to  work,  or  bind  out,  as  afore- 
said, for  a  space  not  exceeding  one  whole  year  at  a  time, 
all  such  persons  above  the  age  of  twenty  one  years,  mar- 
ried or  unmarried,  residing  in  their  County,  but  without 
the  bounds  of  any  town  or  district,  as  are  able  of  body, 
but  have  no  visible  means  of  support,  or  who  live  idly, 
using  no  ordinary,  daily  lawful  trade  or  business  to  get 
their  living  by,  or  who  are  liable  by  any  law,  to  be  sent 
to  the  house  of  correction,  and  shall  receive  and  apply 
their  earnings,  (deducting  reasonable  charges)  to  the  sup- 
port of  [of]  them  or  their  families,  if  any  they  have,  at 
their  discretion,  saving  to  such  persons  the  like  remedy  for 
relief,  if  they  think  themselves  agrieved,  as  is  by  this  act 
provided  for  persons  set  to  work,  or  bound  out  for  like 
causes  by  Overseers  of  towns. 

And  for  the  prevention  of  poverty  as  well  as  lewdness. 
Be  it  further  Enacted,  that  any  person  who  shall  be 
suspected  of  keeping  a  house  of  ill  fame,  resorted  to  for 
the  purposes  of  prostitution  or  lewdness,  may  be  appre- 
hended, by  Warrant  from  any  Justice  of  the  Peace,  in 
the  County,  u])on  complaint  of  the  Overseers  of  the  town 
or  district  wherein  such  house  shall  be,  &  upon  conviction 
of  such  offence  before  such  Justice,  or  before  the  Court 
of  General  Sessions  of  the  Peace,  or  presentment  of  the 
Grand  Jury,  may  be  ordered  to  the  house  of  correction, 
for  a  term  not  exceeding  one  month,  and  after  such  con- 
viction, shall  not  be  allowed  to  keep  lodgers  or  boarders, 
in  any  town  or  district,  without  the  licence  of  the  Over- 
seers of  the  poor  thereof. 


Acts,  1793.  —  Chapter  59.  485 

And  be  it  further  Enacted,  that  it  shall  also  be  tho  duty  overaeerg 

•/  ,  .  1 "         •    i         autnonzett  to 

of  said  Overseers,  in  their  respective  towns  or  districts,  provide  for 
to  provide  for  the  immediate  comfort  and  relief  of  all  * '^''°^^"~ 
persons  residing,  or  found  therein,  not  belonging  thereto, 
but  having  lawful  settlements  in  other  towns  or  districts, 
when  they  fall  into  distress,  and  stand  in  need  of  immedi- 
ate relief,  &  until  1  they  shall  be  removed  to  the  places  of 
their  law^ful  settlements,  the  expences  whereof,  incurred 
within  three  months  next  before  notice  given  to  the  town 
or  district  to  be  charged,  as  also  of  their  removal,  or  of  of  thdro^wa"*' 
their  burial,  in  case  of  their  decease,  may  be  sued  for  and  ^''^^^ 
recovered,  either  in  a  civil  action,  by  the  town  or  district 
incurring  the  same,  against  the  town  or  district  wherein 
such  persons  had  such  settlements,  or  in  the  method  by 
complaint,  hereafter  prescribed  in  and  by  this  act ;  j)ro-  Proviso. 
vided  such  action  or  complaint  for  damages  be  commenced 
or  prefered  within  two  years  after  the  cause  of  action 
arose,  but  not  otherwise.  And  in  such  civil  action,  the 
settlement  of  the  pauper  shall  not  be  contested  by  the 
defendants,  if  it  hath  been  then  adjudged  to  be  in  their 
town  or  district  upon  such  process,  as  is  hereinafter  pre- 
scribed, otherwise  it  may  be  :  And  a  recovery  in  such 
action  shall  bar  the  town  or  district,  against  which  the  same 
shall  be  had,  from  disputing  the  settlement  of  such  pauper, 
in  such  town  or  district,  with  the  town  or  district  so  re- 
covering, in  any  future  action  or  process,  brought  and 
prosecuted  for  the  support  or  removal  of  such  pauper. 

And  he  it  further  Enacted,  that  all  persons  actually  Paupers  to  be 
chargeable,  or  who   through    age  or    infirmity,  idleness  theiMawfui 
or  dissoluteness,  are  likely  to  become  chargeable  to  the  settlements. 
places  wherein  they  are  found,  but  in  which  they  have  no 
lawful  settlement,  may  be  removed  to  the  places  of  their 
lawful  settlements,  if  they  have  any  within  the  Common- 
wealth :  And  in  order  to  efiect  such  removal,  (and  also  to 
recover  the  expences  incurred  for  the  relief  of  such  per- 
sons, if  said  Overseers  choose  that  mode  in  preference  to 
a  civil  action)  said  Overseers  may  apply  l)y  complaint,  to 
any  Justice  of  the  Peace  in  their  County,  not  an  inhabitant 
of  their  town  or  district,  which  complaint  may  be  in  sub- 
stance, as  follows 

To  a  Justice  of  the  peace  in  and  for  the  County  Formofcom- 

of  The  Town  of  in  the  said  County,  by  the  sub-  ^'*""' 

scribers,  Overseers  of  their  poor,  complain  &  shew  that, 
now  resident  in  said  town,  is  poor,  &  become  charge- 


486 


Acts,  1793.  —  Chapter  59. 


able  (or  is  likely  to  become  chargeable)  to  said  town ;  & 
that  his  lawful  settlement  is  in  in  the  County  of 

Wherefore  your  Complainants  pray,  that  after  a  due  course 
of  proceedings  had,  the  lawful  settlement  of  said  may 
be  adjudged  to  be  in  said  town  of  ;  &  that  he  may  be 

removed  thither  by  Warrant  accordingly.  Your  Com- 
plainants further  pray  judgment  for  damages,  for  expences 
incurred  on  account  of  said  an  account  whereof  is 

annexed,  and  for  such  as  may  accrue  till  the  time  of 
judgment,  and  for  costs.  Dated  at  said  the  day 
of        A  D  17       . 

A.  B.  &c  Overseers 


Form  of  ium- 
moDB. 


Upon  which  complaint,  such  Justice  shall  make  out  and 
annex  thereto  a  summons,  directed  to  the  Sheriff  or  his 
deputy,  of  the  County  wherein  the  town  to  be  summoned 
is,  in  substance  as  follows. 

ss     To  the  Sheriff  of  the  County  of  or  his 

deputy ;  greeting. 

[seal]  In  the  name  of  the  Commonwealth  of  Massa- 
chusetts, you  are  hereby  required  to  summons  the  town 
of  ,  in  said  County  of  to  appear,  if  they  see  fit, 

before  me  the  subscriber,  a  Justice  of  the  Peace,  in  and 
for  said  County  of  at  in  said  County  of  on 

the  day  of  at  of  the  Clock  in  the  noon, 

to  shew  cause,  if  any  they  have,  why  the  prayer  of 
the  above-written  complaint  should  not  be  granted,  by 
leaving  an  attested  copy  thereof,  and  of  this  summons, 
with  the  overseers  of  the  said  town  of  or  some  one 

of  them,  thirty  days  before  said  day  of  &  make 

return  hereof,  and  of  your  doings  herein,  unto  me  the  said 
Justice,  on  or  before  the  said  day  of  .     Hereof 

fail  not. 

Given  under  my  hand  and  seal,  the  day  of  in 

the  year  of  our  Lord  T  P. 

Party  and  wit-        ^^(|  g^^^j^  Officcr  sliall  scrvc  and  return  the  same,  his 

neaseB  to  be  _  ^  t  •   i 

summoned.  l)eing  an  inhabitant  of  the  town  to  be  summoned  notwith- 
standing, for  the  same  fees  as  for  other  writs  of  summons. 
And  such  Justice  shall  summons  the  party  to  be  removed, 
&  other  witnesses,  and  may,  if  he  see  cause,  compel  the 
appearance  of  the  former  by  Warrant,  to  be  examined ; 
and  shall  hear  his  objections  to  such  removal,  and  may  for 


Acts,  1793.  —  Chapter  59.  487 

good  cause  continue  the  process  once,  not  exceeding  three 
months ;  and  after  due  examination  and  hearing,  whether 
the  town  summoned  appears  or  not,  shall  proceed  to  give 
judgment  for,  or  against  the  Complainants,  and  make  a 
record  thereof  in  substance  as  follows. 

ss    At  a  Court  held  before  me         Esqr.  a  Justice  Formofjudg- 

of  the   peace,  in  &  for  the  County  of  at  in  said 

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

one  thousand  seven  hundred  and  the  town  of  in 

the  County  of  Complainants  against  the  town  of 

in  the  County  of  ,  shewing  that  now  resident  in 
said  town  of  is  poor  and  become  chargeable  to 

that  town,  (or  is  likely  to  become  chargeable,  as  the  fact 
may  be)  and  that  said  town  of  is  the  place  of  his  laAV- 
ful  settlement,  &  praying  it  may  be  so  adjudged  ;  and  that 
he  may  be  removed  thither,  (and  for  damages  for  ex- 
pences  incurred  on  account  of  such  pauper,  or  that  may 
be  incurred,  &  for  costs)  The  parties  appear  (or  the 
complainants  appear,  but  the  said  town  of  although 

solemnly  called  doth  not  appear,  but  makes  default,  as 
the  case  may  be)  and  after  due  examination  &  hearing,  & 
on  due  consideration  of  the  premises  had,  I  do  adjudge 
the  same  to  be  true,  and  I  do  also  adjudge,  that  the  law- 
ful settlement  of  the  said  is  in  the  said  town  of  ;  & 
that  he  be  removed  thither,  and  that  the  Complainants 
recover  costs  (or  that  the  complainants  recover  the  sum 
of  damages,  for  expences  incurred  to  this  time  for  the 
support  of  said  ,  as  the  case  may  require)  (or  if  in 
favor  of  the  town  complained  of,  say,  I  do  adjudge  that 
the  said  is  not  likely  to  become  chargeable  to  said 

town  of  or  that  the  lawful  settlement  of  said  is 

not  in  said  town  of  &  that  said  town  of  recover 

costs)     Recorded  by  me 

Justice  of  the  Peace. 

No  costs  however,  to  be  awarded  for  such  town,  if  de-  costs  to  be 
faulted;  but  if  the  complaint  be  not  entered,  or  be  dis-  c^emaybe.'^^ 
continued,  or  not  prosecuted,  the  town  complained  of 
appearing,  &  praying  therefor,  shall  recover  costs.  And 
upon  judgment  of  removal,  such  Justice  may  issue  his 
Warrant  of  removal,  directed  to,  and  to  be  executed  by 
any  Constable  of  the  town,  from  whence  the  person  is  to 
be  removed,  or  to  any  particular  person  by  name,  in  the 
followino:  form. 


488 


Acts,  1793.  —  Chapter  59. 


Warrant  of 
removal. 


ss     To  any  Constable  of  the  town  of  in  the 

County  of        or  to  greeting. 

[seal]     Whereas  at  a  Court  held  on  before  me 

Esqr.  a  Justice  of  the  peace,  in  &  for  the  County  of 
on  the  day  of  it  was  adjudged  by  me  the  said 
Justice  that  now  resident  in  said  town  of  is  charge- 
able (or  likely  to  become  chargeable,  as  the  case  may  be) 
thereto  ;  that  his  lawful  settlement  is  in  the  town  of  in 
the  Count}^  of  and  that  he  be  removed  thither.  I  do 
therefore, 'in  the  name  of  the  Commonwealth  of  Massa- 
chusetts, hereby  authorize  and  require  you  forthwith  to 
take,  remove  and  convey  by  land  or  water,  as  may  be 
most  convenient,  the  said  to  the  said  town  of  ,  and 
him  deliver  to  the  Overseers  of  the  poor  thereof,  or  some 
one  of  them,  who  are  herel:)y  required  to  receive  and  pro- 
vide for  him,  as  an  inhabitant  of  that  town.  And  of  this 
Warrant,  &  of  your  doings  herein,  you  are  to  make  return 
to  me,  as  soon  as  may  be,  after  you  shall  have  executed 
the  same. 

Given  under  my  hand  and  seal  the  day  of  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and 

J  P. 
Overseers  to.         And  such  Ovcrseers  shall  be  obliged  to  receive  and  pro- 

provide.  •  T       />  1  » 

Vide  for  such  person  accordingly ;  and  said  Justice  may 
also  award  execution  for  damages  &  costs ;  and  may  tax 
in  costs  a  reasonable  sum,  for  the  expence  of  removal ; 
Execution  may  and  tlic  executioii  may  be  issued  to,  and  may  be  executed 
by  a  proper  officer,  in  the  County  where  the  town  is, 
against  which  it  issues.  And  in  all  the  proceedings  afore- 
said, the  word  district  shall  be  inserted,  instead  of  the 
word  toivn,  where  the  cases  require  it. 

Provided  always,  that  either  party,  as  also  any  person 
who  shall  be  adjudged  likely  to  become  chargeable,  & 
ordered  to  be  removed,  agrieved  at  the  judgment  of  such 
Justice,  may  appeal  therefrom  to  the  next  Court  of  Com- 
mon pleas,  to  be  holden  in  &  for  the  same  County,  and 
shall  produce  copies,  and  enter  and  prosecute  the  same  as 
other  appeals  are.  And  said  Court  shall  hear  and  deter- 
mine the  same  without  a  Jury,  &  may  award  like  Warrant 
for  removal,  and  like  Execution  for  damages  and  costs, 
mutatis  7nutandis;  or  may  on  complaint  affirm  the  judg- 
ment of  the  Justice  with  additional  damages  and  costs, 
where  the  appeal  is  not  prosecuted,  and  carry  such  judg- 
ment into  execution. 


beisBued  against 
the  town 


Proviso. 


Acts,  1793.  —  Chapter  59.  489 

And  be  it  further  Enacted,  that  such  complaint  may  be  complaint  to 
originally  made  by  said  Overseers,  if  they  see  fit,  to  the  ovZleerJ 
Court  of  Common  pleas  in    their  County,  by   filing  the 
same  with  the  Clerk  of  said  Court,  and  procuring  a  like 
summons  from  him,  mutatis  mutandis,  and   causing  the 
same  to  be  served  in  time  and  manner  as  aforesaid,  as  also 
summons  for  the  party  to  be  removed,  and  for  witnesses ; 
and  such  Court,  upon  such  complaint,  shall  proceed  to  court  of  com- 
hear,  determine,  adjudge,  and  grant  Warrant  and  Execu-  ITea"  rnd*det*er- 
tion,  in  the  same  manner  as  in  cases  coming  before  them  ™'"*'- 
by  appeal,  and  in  all  their  adjudications  in  the  premises, 
they  shall  state  the  facts  upon  which  their  judgments  are 
founded,  to  the  end  that  error  therein,  if  any,  may  be 
corrected  by  writ  of  error,  in  the  Supreme  Judicial  Court, 
to  which  either  party  agrieved  shall  be  intitled,  if  pur-  parties  may 
chased  within  a  year,  but  not  otherwise,  and  upon  which,  ''pp®'*'- 
if  judgment  be  reversed,  such  judgment  shall  be  given, 
as  ought  to  have  been  given  below,  &  the  plaintiffs  in 
error  shall  be  restored  to  all  they  lost  by  such  erroneous 
judgment  with  costs ;    but  if   the  judgment  be  affirmed 
the    defendants  shall  recover  costs.     And  said  Supreme 
Judicial  Court  may  send  to  said  Courts  of  Common  pleas, 
and  require  them  to  state  other  facts,  when  it  shall  appear 
by  suggestion  or  otherwise,  that  some  material  ones  were 
omitted  in  the  statement  aforesaid,  or  to  explain  such  as 
do  not  appear  to  the  Court  to  be  clearly  stated  ;  unless  a 
new  statement  be  agreed  to  by  the  parties.     And  deposi- 
tions may  be  used  before  the  Justice,  as  well  as  Court  of 
Common  })leas,  on  the  trial  of  such  complaints,   when 
taken  legally,  and  for  legal  cause.     And  when  expences 
for  support  of  a  pauper  are  prayed  for  in  such  complaint, 
the  same  complaint  may  be  proceeded  upon  to  judgment, 
so  far  as  respects  his  settlement,  and  such  expences,  the 
decease  of  the   pauper  pending   the  complaint  notwith- 
standing.    But  all  complaints  &  suits  for  removal  of  pau-  compiaintg  — 
pers,  or  recovery  of  expences  for  their  support  to  be  made  proseciued! 
and  prosecuted  by  the  town  of  Boston  in  the  County  of 
Suffolk,    shall   be    made  and    prosecuted    either    in   the 
County  of  Middlesex  or  Norfolk,  and  all  such  complaints 
and  suits  to  be    made    or    prosecuted    by   the    town    of 
Sherburne,  in  the  County  of  Nantucket,  or  by  any  town 
in   the    County    of  Duke's    County,   shall  be    made    and 
prosecuted    either   in    the    County    of  Bristol  or    Barn- 
stable. 


490 


Acts,  1793.  —  Chapter  59. 


Proviso. 


Overseers  to 
order  burials. 


Provided  always,  &  be  it  further  Enacted,  that  said 
Overseers  may  in  all  cases,  if  they  judge  it  expedient, 
previous  to  any  such  application  to  any  Justice  of  the 
Peace,  or  Court  of  Common  Pleas,  send  a  written  notifica- 
tion, stating  the  facts  relating  to  any  person  actually  be- 
come chargeable  to  their  town  or  district,  to  one  or  more 
of  the  Overseers  of  the  place  where  his  settlement  is  sup- 
posed to  be,  and  requesting  them  to  remove  him,  which 
they  shall  have  power  to  do  by  a  written  order,  directed 
to  any  particular  person  by  name,  who  is  hereby  author- 
ized and  required  to  obey  the  same  ;  and  if  such  removal 
is  not  effected,  nor  objected  to  by  them  in  writing  after 
such  notice,  to  be  delivered  in  writing  within  two  months 
after  such  notice  to  the  Overseers  of  the  town  or  district 
requesting  such  removal,  or  to  some  one  of  them,  then 
such  Overseers  may  remove  such  person  by  land  or  water, 
as  is  most  convenient,  by  a  written  order  directed  to,  & 
to  be  served  by  any  persons,  who  shall  be  particularly 
mentioned  in  such  order,  to  said  place  of  his  supposed 
settlement,  the  Overseers  whereof,  shall  be  obliged  to  re- 
ceive and  provide  for  him,  &  their  town  or  district  shall 
be  liable  for  the  expences  of  his  support  and  removal,  to 
be  recovered  by  action,  as  aforesaid,  by  the  town  or  dis- 
trict incurring  the  same,  and  shall  be  barred  from  con- 
testing the  question  of  settlement  with  the  plaintiffs  in 
such  action.  And  if  any  person  lawfully  removed,  agree- 
ably to  this  act,  to  the  place  of  his  lawful  settlement 
within  this  Commonwealth,  shall  voluntarily  return  to 
the  town  or  district  from  which  he  was  removed,  without 
their  consent,  he  shall  be  deemed  a  vagabond,  and  upon 
conviction  thereof  before  any  Justice  of  the  peace  in  the 
same  County,  may  be  sent  to  the  house  of  correction. 

And  be  it  further  Enacted,  that  said  Overseers  shall 
also  relieve  and  support,  and  in  case  of  their  decease, 
decently  bury  all  poor  persons  residing  or  found  in  their 
towns  or  districts,  having  no  lawful  settlements  within 
this  Commonwealth,  when  they  stand  in  need ;  and  may 
employ  them  as  other  paupers  may  be ;  the  expence 
whereof  may  be  recovered  of  their  relations,  if  they  have 
any,  chargeable  by  law  for  their  support,  in  manner  herein 
before  pointed  out ;  otherwise  it  shall  be  paid  out  of  the 
Treasury  of  the  Commonwealth  ]>y  Warrant  from  the 
Governor,  by  and  with  advice  of  Council,  an  account 
thereof  having  been  first  exhibited  to,  and  examined  and 


Acts,  1793.  —  Chapter  59.  491 

allowed  by  the  Genenil  Court.     And  upon  complaint  of  comp^afnt°raay 
such  Overseers,  any  Justice  of  the  Peace  in  their  County  caiise  paupers 

T  1     J  r>         1  •    I  1  '',    to  be  removed. 

may  by  Warrant  directed  to,  &  which  may  be  executetl 
by  any  Constable  of  their  town  or  district,  or  any  particu- 
lar person  by  name,  cause  such  pauper  to  be  sent  and 
conveyed  by  land  or  water,  to  any  other  State,  or  to  any 
place  beyond  sea,  where  he  belongs,  if  the  Justice  thinks 
proper,  if  he  may  be  conveniently  removed,  at  the  ex- 
pence  of  the  Commonwealth ;  but  if  he  cannot  be  so  re- 
moved, he  may  be  sent  to,  and  relieved,  and  employed  in 
the  house  of  correction,  or  work-house,  at  the  public  ex- 
pence.  And  every  town  and  district  shall  be  holden  to 
pay  any  expence  which  shall  be  necessarily  incurred  for 
the  relief  of  any  pauper,  by  any  inhabitant  not  liable  by 
law  for  his  or  her  support,  after  notice  and  request  made 
to  the  overseers  of  the  said  town  or  district,  &  untill  pro- 
vision shall  be  made  by  them. 

And  be  it  further  Enacted,  that  in  all  actions  &  prose-  overseers 
cutions  by  complaint  founded  on  this  act,  for  or  against  p^o^eMUe'^aud 
any  town  or  district,  or  against  any  individual,  the  Over-  half  oniVnt. 
seers  of  the  poor  thereof,  or  any  person,  by  writing  under 
their  hands  appointed,  shall  &>  may  appear,  prosecute  or 
defend  the  same  to  final  judgment  and  execution,  in  be- 
half of  such  town  or  district ;   &  every  act  or  thing  re- 
quired, or  authorised,  by  them  to  be  done  by  this  act,  may 
be  done  by  them,  or  the  major  part  of  them. 

And  be  it  further  Enacted,  that  if  any  person  shall  ea^ef*^"""^' '" 
bring  and  leave  any  poor  &  indigent  person  in  any  town 
or  district  in  this  Commonwealth,  wherein  such  pauper  is 
not  lawfully  settled,  knowing  him  to  be  poor  &  indigent, 
he  shall  forfeit  and  pay  the  sum  of  twenty  pounds,  for 
every  such  offence,  to  be  sued  for  and  recovered  by,  and 
to  the  use  of  such  town  or  district  by  action  of  debt,  in 
any  Court  proper  to  try  the  same. 

And  be  it  further  Enacted,  that  if  any  master  or  other  Masters  of  ves. 

,.,  ,,  iiiiii  •!•  sels  prohibited 

person,  iiaving  charge  of  any  vessel,  shall  therein  bring  from  bringing 
into,  and  land,  or  suffer  to  be  landed  in  any  place  within  peJson™""^ 
this  Commonwealth,  any  person,  before  that  time  con- 
victed in  any  other  State,  or  in  any  foreign  Country  of 
any  infamous  crime,  or  any  for  which  he  hath  been  sen- 
tenced to  transportation,  knowing  of  such  conviction,  or 
having  reason  to  suspect  it,  or  any  person  of  a  notoriously 
dissolute,  infamous  and  abandoned  life  and  character, 
knowing   him    or   her   to  be    such,  shall  for  every  such 


492 


Acts,  1793.  —  Chapter  59. 


Masters  of  ves- 
sels, on  arrival, 
to  make  report 
of  passengers. 


Act  repealed. 


Exceptions. 


offence  forfeit  the  sum  of  one  hundred  pounds,  one  half 
thereof  to  the  use  of  the  Commonwealth,  &  the  other  half 
to  the  use  of  any  person  being  a  citizen  of,  and  residing 
in  this  Commonwealth,  who  shall  prosecute  &  sue  for  the 
same,  by  action  of  debt  as  aforesaid. 

And  in  order  to  prevent  charge  to  the  Commonwealth, 
or  any  towns  or  districts  therein,  by  the  importation  of 
such  convicts,  or  of  infirm  and  vicious  persons  : 

Be  it  farther  Enacted,  that  the  Master,  or  any  other 
person,  having  charge  of  any  vessel  arriving  at  any  place 
within  this  Commonwealth,  with  any  passengers  on  board, 
from  any  foreign  dominion  or  Country,  without  the  United 
States  of  America,  shall  within  forty  eight  hours  after 
such  arrival,  make  a  report  in  writing  under  his  hand,  of 
all  such  passengers,  their  names,  nation,  age,  character 
and  condition,  so  far  as  hath  come  to  his  knowledge,  to 
the  Overseers  of  the  poor  of  the  town  or  district,  at,  or 
nearest  to  which  such  vessel  shall  arrive,  who  shall  record 
the  same  in  a  book  kept  for  that  purpose  in  their  ofBce. 
And  every  such  master  or  other  person,  that  shall  neglect 
to  make  such  report,  or  that  shall  wittingly  and  willingly 
make  a  false  one,  shall  for  each  of  those  offences  forfeit 
the  sum  of  fifty  pounds,  to  be  sued  for  and  recovered,  by 
action  of  debt  as  aforesaid,  by,  and  to  the  use  of  such 
town  or  district. 

And  he  it  further  Enacted  by  the  authority  aforesaid^ 
that  an  Act  intitled,  "  An  Act  providing  for  the  support 
of  the  poor,"  passed  the  fourteenth  day  of  February,  in 
the  year  of  our  Lord  one  thousand  seven  hundred  and 
eighty  nine,  and  all  other  laws,  and  parts  of  laws  hereto- 
fore made  and  passed,  relative  to  the  support,  employ- 
ment, binding,  warning  out,  or  removal  of  the  poor  be, 
and  the  same  hereby  are  repealed  ;  saving  that  they  shall 
remain  in  force  as  to  all  actions  or  prosecutions  already 
commenced,  and  now  pending  upon  them,  saving  also, 
that  all  acts  and  things  already  lawfully  done  and  com- 
pleated,  under  and  by  force  of  them,  be,  and  hereby  are 
confirmed  and  declared  to  be  valid  ;  &  saving  further  that 
this  repeal  shall  not  be  construed  to  extend  to  an  act  in- 
titled,  *' An  Act  for  suppressing  and  punishing  of  rogues, 
vagabonds,  common  l^eggars,  &  other  idle,  disorderly  and 
-lewd  persons,"  passed  the  twenty  sixth  day  of  March,  in 
the  year  of  our  Lord,  one  thousand  seven  hundred  and 
eighty  eight ;  nor  to  an  act  intitled,  "  An  Act  for  erecting 


Acts,  1793.  —  Chapter  60.  493 

work-houses  for  the  reception  and  imployment  of  the  idle 
&  indigent "  passed  the  tenth  day  of  January  in  the  year 
of  our  Lord,   one   thousand   seven   hundred  and   eighty  ^- 
nine  ;  nor  to  an  act  passed  the  present  sessions  of  the  Gen- 
eral Court  intitled,  "  An  Act  ascertaining  what  shall  con- 
stitute a  legal  settlement  of  any  person,  in  any  town  or     . 
district  within  this  Commonwealth,  so  as  to  intitle  him  to  *-! 
support  therein,  in  case  he  becomes  poor  and  stands  in 
need  of  relief,  and  for  repealing  all  laws  heretofore  made 
respecting  such  settlement." 

Approved  February  26,  1 794. 

1793.  —  Chapter  60. 

[January  Session,  ch.  35.] 
AN  ACT  IN  ADDITION  TO  AN  ACT  INTITLED  "AN  ACT  TO  INCOR- 
PORATE A  NUMBER  OF  INHABITANTS  OF  THE  TOWNS  OF 
ROCHESTER  AND  MIDDLEBOROUGH,  IN  THE  COUNTY  OF 
PLYMOUTH  AND  FREETOWN  IN  THE  COUNTY  OF  BRISTOL 
INTO  A  SEP[R]ERATE  PRECINCT,  BY  THE  NAME  OF  THE  CON- 
GREGATIONAL PRECINCT  IN  ROCHESTER,  MIDDLEBOROUGH 
AND   FREETOWN." 

Whereas  by  said  Act  it  ivas  enacted,  that  the  third  Par-  Preamble. 
ish  in  Rochester  should  continue  to  have  existance  for  one 
year,  after  the  passing  of  said  act,  for  certain  purposes 
therein  mentioned,  which  time  is  found  by  experience  to  be 
insufficient  for  the  intended  purposes. 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority 
of  the  same,  that  the  existance  of  the  said  third  parish  in  Existence  of 
Rochester,  shall  be  continued  untill  the  twenty  third  day  extended. 
of  March,  in  the  year  of  our  Lord,  seventeen  hundred  and 
ninety  five,  with  corporate  powers  to  enforce  the  collec- 
tion of  taxes,  recovery  of  their  just  demands  and  payment 
of  their  debts. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  Clerk  and  Treasurer  of  said  Congregational  Pre-  cierk  and 
cinct  respectively  and  successively,  be  authorized  to  re-  auThoriztd 
ceive  the  records  and  papers  severally  belonging  to  the  p°,'rpo8el" 
offices  of  the  Clerk  and  Treasurer  of  said  third  parish,  as 
soon  as  the  corporate  existence  thereof  shall  cease ;  and 
that  the   Clerk  and  Treasurer  of  said  Precinct   for   the 
time  being,  be  severally  authorized  to  grant,  and  officially 
and  legally  to  attest  all  copies  therefrom,  that  may  here- 
after be  found  necessary,  by  any  request  whatever. 

Approved  February  26,  1794. 


494 


Acts,  1793.  —  Chapters  61,  62. 


Towns  to 
assemble 
jointly,  to 
elect  Repre- 
sentatives. 


Selectmen  to 
give  notice. 


1793.  — Chapter  61. 

[January  Session,  ch.  36.] 

AN  ACT  IN  ADDITION  TO  AN  ACT  ENTITLED  "AN  ACT  TO  INCOR- 
PORATE THE  EAST  PART  OF  GREENFEILD  IN  THE  COUNTY 
OF  HAMPSHIRE,  INTO  A  TOWN  BY  THE  NAME  OF  GILL." 

Be  it  enacted  by  the  Senate,  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  that  untill  the  said  Town  of  Gill,  shall  have 
a  sufficient  number  of  rateable  polls,  to  entitle  them  to 
send  a  Representative,  they  shall  assemble,  and  meet  at 
said  Greenfeild,  and  with  the  qualified  inhabitants  thereof 
unite  in  choosing  a  Representative  to  serve  in  the  General 
Court  of  this  Commonwealth,  who  may  be  chosen  either 
from  the  Town  of  Greenfeild,  or  the  Town  of  Gill,  and 
the  said  Towns  of  Greenfeild,  and  Gill,  shall  contribute 
towards  payment  of  the  wages  of  their  Representatives 
thus  chosen,  in  the  same  rate,  and  proportion  as  they  are 
assessed  in  the  last  general  valuation. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  Selectmen  of  said  Greenfeild,  shall  annually,  at 
least  twenty  days  previous  to  their  meeting  for  the  choice 
of  a  Representative  as  aforesaid,  give  notice  to  the  Select- 
men of  said  Town  of  Gill,  of  the  time,  and  place  of  such 
meeting  ;  any  Law  of  this  Commonwealth  to  the  contrary 
notwithstanding.  Approved  February  26,  1794. 


Method  of 
recovering 
tines  and 
forfeitures. 


1793.  — Chapter  63. 

[January  Session,  ch.  37.] 

AN  ACT  IN  ADDITION  TO  AN  ACT,  INTITLED  "  AN  ACT  TO  REGU- 
LATE THE  CATCHING  OF  SALMON,  SHAD,  AND  ALEWIVES,  AND 
TO  PREVENT  OBSTRUCTIONS  IN  MERRIMACK  RIVER,  AND  IN 
THE  OTHER  RIVERS,  AND  STREAMS  RUNNING  INTO  THE  SAME 
WITHIN  THIS  COMMONWEALTH,  AND  FOR  REPEALING  SEV- 
ERAL ACTS  HERETOFORE  MADE  FOR  THAT  PURPOSE." 

Be  it  Enacted  by  the  Senate,  and  House  of  Representa- 
tives in  General  Court  assembled,  a?id  by  the  authority  of 
the  same;  That  all  pecuniary  fines,  or  forfeitures  for  the 
breach  of  an  Act,  passed  in  the  year  of  our  Lord  one  thou- 
sand, seven  hundred,  and  ninety,  intitled  "an  Act  to 
regulate  the  catching,  Salmon,  Shad,  and  Alewives,  and 
to  prevent  obstructions  in  Merrimack  River,  and  in  the 
other  rivers,  and  streams  running  into  the  same  within 


Acts,  1793.  —  Chapter  63.  495 

this  Commonwealth,  and  for  repealing  several  acts  hereto- 
fore made  for  that  purpose,"  which  by  the  said  act  are  set 
at  more  than  four  pounds,  may  be  recovered  by  indict- 
ment, either  in  the  su})reme  judicial  Court,  or  Court  of 
General  sessions  of  the  peace  in  the  County  where  the 
offence  shall  be  committed. 

And  be  it  further  Enacted  hy  the  authority  aforesaid^ 
That  where  any  person,  or  persons  shall  be  convicted  in 
either  of  the  said  courts  of  erecting,  or  continuing  any 
obstructions  or  incumbrance  in,  or  across  any  of  the 
Rivers,  or  Streams  mentioned  in  the  said  act  so  as  to 
})revent  the  free  passage  of  the  said  fish  up  and  down  the 
said  rivers  and  streams,  the  Court  before  whom  such  con- 
viction shall  be,  besides  rendering  Judgment  for  such  fine 
and  cost,  shall  order  such  obstruction  or  incumbrance  to 
be  removed,  and  the  materials  thereof  to  be  sold  at  Ven- 
due to  pay  the  expence  of  such  removal  with  the  officer's 
fees,  and  if  the  same  shall  not  be  sufficient,  may  order  the 
deficiency  to  be  raised  and  levied  on  the  goods,  and  chat- 
tels of  the  person  or  persons  convicted  of  erecting,  or  con- 
tinuing the  same  ;  and  the  warrant  for  removal  shall  be 
directed  to  the  Sherriff",  deputy  sherrifi",  or  coroner  of  the 
same  county  as  the  case  may  require. 

And  be  it  further  Enacted^  that  the  fines,  and  forfeit- 
ures which  shall  be  recovered  by  indictment  pursuant  to 
this  act,  shall  be  wholly  to  the  use  of  the  County  in  which 
the  recovery  shall  be,  towards  discharging  the  expences 
of  such  County,  any  thing  in  the  said  act,  whereto  this 
addition  is  made,  to  the  contrary  notwithstanding. 

A2)proved  February  26,  1794. 

1793.  — Chapter  63. 

[January  Session,  ch.  34.] 

AN  ACT  IN  ADDITION  TO,  AND  FOR  THE  AMENDMENT  OF  AN 
ACT,  INTITLED  "AN  ACT  REGULATING  THE  APPOINTMENT 
AND  SERVICES   OF  GRAND   JURORS." 

Whereas  the  mode  of  appointing  Grand  Jurors,  hitherto 
in  use,  has  been  found  inconvenient,  &  is  liable  to  abuse. 

Be  it  Enacted  by  the  Senate,  and  House  of  Representa- 
tives, in  General  Court  assembled,  &  by  the  authority  of 
the  same,  that    from  and  after  the   first  day  of   August  Manner  of 
next,  when  the  inhal^itants  of  any  town  shall  be  assem-  ju^ors!'"^ 
bled  according  to  law,  for  the   purpose  of  appointing  a 


496 


Acts,  1793.  —  Chapter  63. 


To  be  sworn. 


Grand  Juror 
not  excused  as 
Petit  Juror. 


Town  Clerk  to 
have  the  care 
of  the  boxes 
containing 
names. 


Forfeiture,  in 
case  of  fraud. 


How  divided. 


grand  Juror  or  grand  Jurors,  to  serve  either  in  the  Su- 
preme Judicial  Court,  or  the  Court  of  General  Sessions 
of  the  peace,  one  of  the  Selectmen,  not  being  the  Clerk 
of  such  town,  (a  majority  of  whom  shall  be  present  at 
such  meeting)  shall  from  the  box,  wherein  are  contained 
the  names  of  such  of  the  inhabitants  of  said  town,  as  are 
intended  to  serve  on  the  petit  Jury  at  the  Supreme  Judi- 
cial Court,  draw  out  as  many  tickets  or  names,  as  there 
may  be  grand  Jurors  required  by  the  venire  from  the 
Clerk  of  either  of  said  Courts  ;  and  the  person  or  persons 
whose  name  or  names  shall  be  so  drawn  out,  shall  be  the 
grand  Juror  or  grand  Jurors,  to  serve  at  either  of  said 
Courts  for  which  they  may  be  required. 

And  be  it  further  Enacted  by  the  authority  aforesaid^ 
that  the  grand  Jurors  appointed  as  aforesaid,  shall  be 
summoned  and  sworn  in  the  same  manner  as  is  directed 
in  the  act  to  which  this  is  an  addition  ;  and  all  the  penal- 
ties, provisions  and  directions  in  said  act  mentioned  and 
contained,  shall  be  and  remain  in  full  force,  except  as  is 
herein  otherwise  directed. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  service  of  any  person  as  a  grand  Juror,  shall  not 
exempt  or  excuse  him  from  serving  as  petit  Juror,  ex- 
cept at  the  Court,  or  within  the  term  for  which  he  may  be 
chosen  to  serve  as  grand  Juror. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  boxes  which  contain  the  tickets  or  names  of  the 
inhal)itants  of  any  town  intended  to  ser"*fe  as  petit  Jurors, 
either  in  the  Supreme  Judicial  Court,  or  Court  of  Com- 
mon pleas  and  General  Sessions  of  the  peace,  which  by 
law  are  to  be  provided  and  kept,  shall  be  deposited  and 
Jijept  in  the  office  of  the  Clerk  of  said  town. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  if  the  town  Clerk,  or  Selectmen  of  any  town,  shall  be 
guilty  of  any  fraud  in  the  draft  &  appointment  of  any 
grand  Juror,  who  may  be  drawn  or  appointed  in  pur- 
suance of  this  act,  either  by  returning  the  name  of  such 
grand  Juror  into  the  box,  after  it  may  have  been  fairly 
drawn  out,  and  substituting  some  other  name,  or  in  any 
other  way  whatsoever,  such  town  Clerk  or  Selectman, 
shall  forfeit  and  pay  for  such  offence,  the  sum  of  ten 
pounds,  to  be  recovered  by  action  of  debt,  in  any  Court 
proper  to  try  the  same,  one  moiety  thereof  to  be  and 
enure  to  the  Commonwealth,  the  other  moiety  thereof  to 


Acts,  1793.  —  Chapter  64.  497 

him  or  them  who  shall  prosecute  for,  and  recover  the 
same.  Provided  that,  if  any  person  whose  name  may  be  proviso. 
drawn  out  to  serve  as  a  grand  Juror,  in  pursuance  of  this 
act,  shall  at  the  time  it  is  so  drawn,  be  absent  beyond 
sea,  or  out  of  the  Commonwealth,  the  Selectmen  may  re- 
turn the  same  into  the  box  again,  and  proceed  to  draw 
out  the  name  of  some  other  person  or  persons  in  their 
stead,  who  shall  be  the  grand  Juror  or  grand  Jurors  re- 
quired. 

And  he  it  further  Enacted  hy  the  authority  aforesaid, 
that  from  and  after  the  first  day  of  August  aforesaid,  the  Manner  of 
manner  of  notifying  and  warning  the  inhabitants  of  any  i^habufnts 
town  to  assemble  for  the  purpose  of  being  present  at  the  ^°^^^_^ p"""' 
appointment  of  a  grand  Juror  or  Jurors,  in  pursuance  of 
this  act,  shall  be  the  same  as  shall  be,  or  has  been  agreed 
upon  by  such  town,  for  notifying  and  warning  the  annual 
town  meeting;  in  such  town,  for  the  choice  of  town  offi- 
cers ;  or  in  such  other  manner  as  any  town  may  agree 
upon. 

And  be  it  further  Enacted,  that  the  several  towns  in  Power  of  the 
the  Counties  of  Nantucket  and  Dukes  County,  shall  have  tain  counties. 
power  to  select  one  third  part  of  the  number  which  shall 
he,  contained  in  the  list  of  persons  qualified  to  serve  as 
petit  Jurors,  &  which  shall  be  laid  before  the  town  from 
time  to  time  by  their  Selectmen  agreeable  to  law ;  and 
such  as  they  judge  best  qualified  to  serve  at  the  Supreme 
Judicial  Court,  and  to  cause  their  names  to  be  put  into 
the  box  provided  and  appropriated  to  contain  the  names 
of  persons  to  serve  as  petit  Jurors  at  the  Supreme  Judi- 
cial Court,  any  thing  in  the  law  for  regulating  the  choice 
and  services  of  petit  Jurors,  to  the  contrary  notwithstand- 
ing. Approved  February  26,  1794. 

1793.  —  Chapter  64. 

[January  Session,  ch.  38.] 

AN  ACT  FOR  DETERMINrNG  THE  TIMES  AND  PLACE  OF  HOLDING 
THE  SUPREME  JUDICIAL  COURT,  AND  THE  COURT  OF  GEN- 
ERAL SESSIONS  OF  THE  PEACE,  AND  COURT  OF  COMMON 
PLEAS  FOR  AND  WITHIN  THE  COUNTY  OF  HAMPSHIRE. 

Whereas  the  town  of  Northampton,  07i  account  of  its 
central  situation,  appears  to  be  the  most  suitable  j9?«ce  for 
holding  the  Supreme  Judicial  Court,  and  the  Court  of 
General  Sessions  of  the  Peace,  and   Court  of  Common 


498  Acts,  1793.  —  Chapter  65. 


Pleas,  loithin  and  for  the  County  of  Hampshire,  and  the 
most  likely  to  give  general  satisfaction  to  the  inhabitants 
thereof 

Be  it  therefore  Enacted  by  the  Senate,  and  House  of 
liepresentatives  in  General  Court  assembled,  and  by  the 
authority  of  the  same,  that  the  Supreme  Judicial  Court, 
shall  hereafter  be  holden  in  the  town  of  Northampton,  in 
the  said  County  of  Hampshire,  on  the  last  Tuesday  of 
April,  and  the  fourth  Tuesday  of  September,  annually; 
and  that  the  said  town  of  Northampton  shall  be  the  shire 
town  of  said  County  of  Hampshire. 

And  be  it  firther  Enacted  by  the  authority  aforesaid, 
that  the  Court  of  General  Sessions  of  the  peace,  and 
Court  of  Common  pleas,  within  and  for  the  County  of 
Hampshire,  shall  hereafter  be  holden  at  Northampton,  on 
the  third  Tuesda}'^  of  May,  the  first  Tuesday  of  September, 
the  second  Tuesday  of  November,  and  the  second  Tuesday 
of  January,  annually ;  any  law  heretofore  made  to  the 
contrary  notwithstanding.     Approved  February  26,  1794. 

1793.  — Chapter  65. 

[January  Session,  ch.  39.] 

AN  ACT  FOR  ASCERTAINING  THE  QUALITY  OF  STONE  LIME,  AND 
THE  SIZE  OF  LIME  CASKS,  AND  FOR  REPEALING  ALL  LAWS 
HERETOFORE   MADE   RELATIVE   THERETO. 

Whereas  considerable  quantities  of  Stone  Lime  are  and 
may  be  manufactured  within  this  Commonv^ealth,  which, 
if  subjected  to  proper  regulations  may  become  an  article  of 
Export  — 

Be  it  Enacted  by  the  Senate,  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority 
Method  of  of  the  Same;  That  from,  and  after  the  first  day  of  July 
MskiSf  Stone  next  no  stone  lime  manufactured  within  this  Common- 
wealth, shall  be  sold,  or  exposed  to  sale,  or  shipped  on 
board  any  vessel  in  casks,  but  such  only  as  shall  be  well 
burnt  and  pure,  and  contained  in  hogsheads  of  one  hun- 
dred gallons  each,  or  half  hogsheads  of  fifty  gallons  each 
made  of  well  seasoned  oak,  or  ash  staves  with  ten  hoops 
on  each  cask  well  driven,  and  sufficiently  secured  with 
nails  or  pins. — And  every  manufacturer,  or  owner  of 
lime  at  the  time  it  is  manufactured,  and  put  into  casks 
shall  with  a  burning  Iron  impress,  or  mark  on  one  of  the 
heads  of  each  cask  of  lime  his  own  name,  and  the  name 


Lime. 


Acts,  1793.  —  Chapter  65.  499 

of  the  town,  or  place,  where  said  lime  is  manufactured 
both  at  length,  and  the  contents  in  figures. 

And  be  it  further  enacted,  that  if  the  manufacturer  or  Forfeiture,  in 

r<  ,  !•  o  •  1  ji  case  of  offence. 

owner  of  any  stone  lime  as  aforesaid,  or  any  other  person 
employed  by  him,  shall  presume  to  sell  or  expose  to  sale, 
or  ship,  or  receive  on  board  any  vessel  in  casks  any  lime 
other  than  such  as  shall  be  contained  in  a  cask,  or  casks 
made  as  aforesaid,  and  having  the  aforesaid  marks  or 
brands,  the  offender  or  offenders  shall  incur  the  penalty 
of  ten  shillings  for  each  cask  so  sold,  or  offered  for  sale, 
or  shipped,  or  received  on  board  any  vessel,  to  be  sued 
for,  and  recovered  before  any  justice  of  the  peace,  or 
Court  of  common  pleas,  as  the  case  may  require  by  action 
of  debt,  and  all  such  lime,  and  cask,  or  casks  shall  be  for- 
feited, and  may  be  recovered  by  libel  as  the  law  directs. 
And  it  shall  be  lawfull  for  any  justice  of  the  peace  upon  officer  to  seize 
information  given  of  any  such  cask  or  casks  of  lime  sold,  uiai!^*'"'^^ 
or  exposed  to  sale,  or  put,  or  received  on  board  any  ves- 
sel as  aforesaid  not  made  and  duly  marked,  or  branded  as 
aforesaid,  to  issue  his  warrant  directed  to  the  Sherrif,  his 
deputy  or  constable  requiring  them  respectively  to  make 
seizure  of  any  such  lime  sold,  or  exposed  to  sale,  or 
shipped,  or  received  on  board  any  Vessel  and  not  made, 
and  marked  as  aforesaid,  and  to  secure  the  same  in  order 
for  tryal,  and  such  officers  are  respectively  directed  and 
impowered  to  execute  the  same. 

And  be  it  further  enacted;  That  if  after  any  cask,  or  Forfeiture, in 
casks,  containing  lime  shall  have  been  stamped  with  the  <^a««  "^  f'"'»"d. 
manufacturer's,  or  owners  marks  as  aforesaid,  any  cooper, 
or  other  person  shall  presume  to  shift  the  contents  of  said 
cask,  or  casks,  and  put  therein  any  other  lime  with  a  de- 
sign to  sell,  or  ship  the  same  on  board  any  vessel,  such 
cooper,  or  other  person  so  offending  shall  forfeit,  and  pay 
the  sum  of  ten  shillings  for  every  cask  of  lime,  so  shifted 
to  be  recovered  in  manner  as  aforesaid. 

And  be  it  further  Enacted ;  that  if  any  manufacturer,  Manufacturers 

f      J  i'    I  •  i*  •  1      subject  to 

or  manutacturers,  owner,  or  owners  oi  lime  as  aioresaid,  forfeiture,  in 
or  other  person  shall  be  guilty  of  any  fraud  in  marking  ^ase  of  fraud. 
with  their  respective  brands,  any  cask  or  casks  of  lime, 
that  shall  not  be  merchantable  according  to  [to]  the  true 
intent,  and  meaning  of  this  Act,  he  or  the}'^  shall  forfeit, 
and  pay  the  sum  of  twenty  shillings  for  every  such 
offence,  or  for  every  cask  so  falsly  marked  to  be  recov- 
ered as  aforesaid. 


500 


Acts,  1793.  —  Chapter  66. 


Division  of 
penalties. 


And  be  it  further  Enacted;  that  if  any  manufacturer, 
or  owner  of  lime,  or  any  other  person  employed  by  him 
shall  presume  to  brand  any  cask,  or  casks  of  lime  with 
the  name  of  any  other  person,  or  persons,  than  of  the 
real  manufacturer,  or  manufacturers,  or  the  right  owner, 
or  owners  thereof  he  or  they  shall  incur  the  penalty  of 
twenty  shillings  for  every  cask,  so  marked,  or  branded, 
to  be  recovered  as  aforesaid. 

And  be  it  further  Enacted,  that  all  penalties,  and  for- 
feitures arising  by  virtue  of  this  Act  shall  be  one  moiety 
thereof  to  the  use  of  the  County,  in  w^hich  the  oflences 
shall  be  committed,  and  the  other  moiety  to  him,  or  them 
who  shall  inform  and  sue  for  the  same. 

And  be  it  further  Enacted,  by  the  authority  aforesaid. 
Laws  repealed,  that  all  Laws  heretofore  made  for  regulating  the  sale  of 
lime  be,  and  they  hereby  are  repealed  —  Provided  never- 
theless that  nothino;  in  the  foreo-oing  act  shall  be  construed 
to  restrain  any  manufacturers  of  lime,  or  other  person 
from  retailing  lime  by  the  bushel,  or  other  quantities  not 
in  casks.  Approved  February  26,  1794. 


1793.  — Chapter  66. 

[January  Session,  ch.  40.] 

AN  ACT  FOR  CONTINUING  AN  ACT,  MADE  IN  THE  YEAR  OF 
OUR  LORD,  ONE  THOUSAND  SEVEN  HUNDRED  AND  EIGHTY 
NINE,  INTITLED  "AN  ACT  TO  PREVENT  THE  DESTRUCTION 
OF  THE  FISH  CALLED  SHAD  AND  ALEWIVES  IN  MISTICK 
RIVER,  SO  CALLED,  WITHIN  THE  TOWNS  OF  CAMBRIDGE, 
CHARLESTOWN  AND  MEDFORD,  &  FOR  REPEALING  ALL  LAWS 
HERETOFORE  MADE  FOR  THAT  PURPOSE ; "  AND  ALSO  FOR 
EXTENDING  THE  SAID  ACT  TO  THE  TOWNS  OF  WOBURN  AND 
MALDEN. 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of 
Act  continued,  the  sttmc,  that  the  said  Act,  in  every  article  and  clause, 
matter  and  thing,  shall  continue  and  be  in  force  after  the 
first  day  of  March  next,  any  thing  in  the  said  act  to  the 
contrary  notwithstanding. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  said  act  shall  extend  to  the  towns  of  Woburn  & 
Maiden,  in  the  same  manner  as  it  would  have  extended, 
in  case  the  said  towais  had  been  expressly  named  in  the 
said  Act.  Approved  February  27,  1794. 


Act  extended  to 
Woburn  and 
Maiden. 


Acts,  1793.  —  Chapters  67,  G8.  501 

1793.  — Chapter  67. 

[January  SesBion,  ch.  41.] 

AN  ACT  FOR  THE  NATURALIZATION  OF  HENRY  HUETSON  PENT- 
LAND. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
in  General  Court  assembled  and  by  the  authority  of  the 
same,  that  the  said  Henry  Huetson  Pentland,  upon  his  Person 
taking  the  Oaths  of  allegiance,  and  abjuration  required  by  "*'"''»''2ed. 
the  Constitution  of  this  Commonwealth  &  the  Oaths  for 
supporting  the  Constitution  of  the  United  States  of  Amer- 
ica before  two  Justices  of  the  Peace  quorum  unus  shall  be 
deemed,  adjudged  and  taken  to  be  a  free  Citizen  of  this 
Commonwealth  to  all  intents,  constructions,  and  purposes 
as  though  he  the  said  Henry  had  been  an  Inhabitant 
within  this  State  at  the  time  of  making  the  present  form 
of  civil  Government. 

And  be  it  further  enacted,  that  the  Justices  before 
whom  the  same  Oaths  shall  be  taken  shall  return  a  Cer- 
tificate of  the  same  into  the  Secretary's  Office,  to  be 
placed  on  the  Records  of  this  CommouAvealth. 

Approved  February  27,  1794. 

1793.  — Chapter  68. 

[January  Session,  ch.  42.] 

AN  ACT  INCORPORATING  THE  RECTOR,  WARDENS,  AND  VESTRY 
OF  THE  EPISCOPAL  CHURCH  IN  DEDHAM  FOR  CERTAIN  PUR- 
POSES. 

Whereas  doubts  have  arisen  whether  the  Rector,  Wardens  preamble. 
and  Vestry  of  said  Church  or  any  other  jjersoiis  are  legally 
vested  loith  authority  to  make  and  execute,  good  and  suffi- 
cient Deeds  or  Leases  of  Land  belonging  to  said  Church, 
and  also  whether  the  said  Rector  Wardens  and  Vestry  are 
legally  vested  loith  authority  to  sue  for  and  recover  any 
debts  that  may  be  legally  and  justly  due  to  said  Church. 

Re  it  enacted  by  the  Senate  a7id  House  of  Representa- 
tives in  General  Court  assembled  and  by  the  Authority  of 
the  same.  That  William  Montague  Rector,  George  Clark  Vestry.men 
and  JesseRichards  Wardens  — Timothy  Richards,  Joshua  '"'=''^p°'-'''*'^- 
Kingsburry,  John  Palmer,  William  Crehore,  and  Noah 
Kingsburry  Vestry  men  of  said  Church  and  their  Succes- 
sors in  Office  are  and  shall  be  deemed  so  far  a  Body  cor- 


502 


Acts,  1793.  —  Chapter  69. 


—  impowercd. 


porate  under  the  name  of  the  Episcopal  Church  in  Dedham 
as  to  Sue  for  and  to  recover  all  Debts  now  due  or  which 
may  hereafter  become  due  to  said  Church,  and  also  to  Sue 
and  defend  in  all  other  Actions  in  which  said  Church  may 
l)e  concerned. 

Ayid  be  it  further  enacted  that  the  Rector,  Wardens  and 
Vestry  of  said  Church  and  their  Successors  in  Office  be 
and  they  are  hereby  impowered  to  lease  for  term  of  life 
or  number  of  years  conformable  to  the  Vote  of  the  Pro- 
prietors, any  lands,  tenements  and  hereditaments  belong- 
ing to  said  Church,  to  any  persons  that  shall  apply  for 
the  same ;  —  and  also  to  make  and  execute  a  good  and 
sufficient  Deed  in  law  of  a  piece  of  land  given  to  said 
Church  by  Samuel  Colburne  deceased,  sufficient  for  the 
situation  of  a  Court  house  and  other  Public  Buildings  for 
the  use  of  the  County  of  Norfolk  if  wanted  therefor. 

Approved  February  27,  1794. 


Proprietors 
incorporated. 


Name. 


1793.  —  Chapter  69. 

[January  Session,  ch.  43.] 

AN  ACT  FOR  INCORPORATING  CERTAIN  PERSONS  FOR  BUILDING 
A  BRIDGE  OVER  BACK  COVE  RIVER,  BETWEEN  PORTLAND 
&  FALMOUTH  AND  FOR  SUPPORTING  THE  SAME. 

Whereas  the  erecting  a  Bridge  over  the  river  between 
Portland  and  Falmouth,  ivill  be  of  great  public  ntiliiy, 
and  Thomas  Smith  <&  others  have  j^^titioned  this  Court 
for  an  incorporation. 

Be  it  therefore  Enacted  by  the  Senate,  and  House  of 
Representatives  in  General  Court  assembled  &  by  the  au- 
thority of  the  same,  that  Thomas  Smith,  Peter  Thatcher 
Smith,  Moses  Plummer,  William  Cobb,  Enoch  Ilsley, 
Daniel  Ilsley,  James  Lunt,  Enoch  Moody,  Nathaniel 
Coffin,  and  Ebenezer  Mayo  be,  and  they  are  hereby  con- 
stituted a  Corporation  and  body  politic,  for  the  purpose 
of  building  a  bridge  over  Back  Cove  river,  between 
Portland  and  Falmouth,  so  long  as  they  shall  continue  to 
be  proprietors  in  the  fund  to  be  raised  for  that  purpose, 
together  with  all  those  who  are  or  shall  hereafter  become 
proprietors  of  the  said  fund,  under  the  name  of  the  Pro- 
prietors of  Back  Cove  Bridge  ;  and  by  that  name  may  sue 
and  prosecute,  be  sued  or  prosecuted  to  final  judgment  & 
execution  ;  &  do  &  suffer  all  other  matters  and  things, 
which  bodies  politic  may,  &  ought  to  do  and  suffer ;  and 


Acts,  1793.  —  Chapter  69.  503 

that  said  Corporation  shall  &  may  have  full  power  and 
authority  to  make,  have  and  use  a  common  seal,  and  the 
same  to  lireak  and  alter  at  pleasure. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  William  Cobb,  Lemuel  Weeks  and  James  Lunt,  or  Persons  author- 
any  two  of  them,  may  by  advertisement  in  either  of  the  meeting. 
news  papers  published  in  Portland,  call  a  meeting  of  the 
said  proprietors  to  be  holden  at  any  proper  place  after 
fifteen  days  from  the  publication  of  said  advertisement, 
and  the  proprietors  by  a  vote  of  the  majority  of  those 
present,  or  represented  at  the  said  meeting,  accounting 
and  allowing  one  vote  to  each  single  share  ;  {provided  '''"o^'sos. 
that  no  one  proprietor  shall  have  more  than  six  votes  in 
any  case)  shall  have  power  to  transact  any  business  for 
the  benefit  of  said  Corporation ;  Provided  it  be  not  re- 
pugnant to  the  Constitution  or  laws  of  this  Common- 
wealth. And  this  Act,  and  all  rules  regulations  and  votes 
of  said  Corporation,  shall  be  fairly  and  truly  recorded  by 
the  Clerk  in  a  book  or  Books  for  that  purpose. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  for  the  purpose  of  reimbursing  said  proi)rietors  the  T","  ?"'*''" 
monies  by  them  expended,  or  that  may  hereafter  be  ex- 
pended in  building  and  supporting  said  Bridge,  a  toll  be, 
and  is  hereby  granted  and  established  for  the  sole  benefit 
of  said  proprietors,  according  to  the  rules  following,  that 
is  to  say.  For  each  foot  passenger  two  cents  ;  —  for  each  Rates  of - 
person  &  horse  six  cents ;  for  each  chaise  or  Sulkey, 
drawn  by  one  horse,  ten  cents  ;  for  each  sley  drawn  by 
one  horse  six  cents ;  for  each  sley  drawn  by  two  horses 
seven  cents  ;  for  each  coach.  Phaeton  or  Curricle  twenty 
cents ;  for  each  Cart,  Waggon,  Sled  or  other  Carriage  of 
burthen  drawn  by  one  or  two  beasts,  seven  cents ;  and 
for  each  additional  yoke  of  Cattle  in  the  same  team,  one 
cent;  and  for  each  Wheelbarrow,  Hand  Cart,  or  other 
Vehicle  capable  of  carrying  a  like  weight,  with  one  per- 
son, three  cents ;  for  neat  Cattle  or  Horses  other  than 
those  rode  on  or  in  carriages  or  teams,  two  cents  each  ; 
for  Sheep  and  Swine  at  the  rate  of  six  cents  the  dozen  ; 
and  to  each  team  one  person,  &  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  said  bridge  for  passengers,  and 
shall  continue  for,  and  during  the  term  of  thirty  years, 


J04 


Acts,  1793.  —  Chapter  70. 


DimeDBions  of 
Bridge  and 
materials. 


Sign. 


Place  for 
building. 


Time  allowed. 


after  which  term,  it  shall  be  subject  to  the  regulation  of 
Government. 

A7id  be  it  further  Enacted  by  the  authority  aforesaid ^ 
that  said  Bridije  shall  be  well  built,  at  least  thirty  feet 
wide,  of  good  and  suitable  materials,  and  be  well  covered 
with  plank  or  timber  suitable  for  such  a  Bridge,  with  suf- 
ficient rails  on  each  side  for  the  safety  of  passengers  ;  and 
the  same  shall  be  kept  in  good,  safe  and  passable  repair ; 
and  the  Proprietors  at  the  place  or  places  where  the  toll 
shall  be  received  shall  erect  and  keep  constantly  exposed 
to  view,  a  sign  or  board,  with  the  rates  of  toll  of  all  the 
tollable  articles  fairly  and  legibly  written  thereon  in  large 
or  capital  letters. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  place  where  the  Bridge  shall  be  built,  shall  be 
from  Sandy  point  in  Portland  to  Secomb's  point  in  Fal- 
mouth, and  so  constructed,  as  not  to  prevent  the  water 
flowing  the  flats  westward  of  said  Bridge. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  if  the  said  proprietors  shall  neglect  for  the  space  of 
six  years  from  the  passing  this  act,  to  build  and  erect 
said  Bridge,  then  this  act  shall  be  void  and  of  no  eflect. 

Approved  February  27,  1794. 


Preamble. 


Separation  of 
Proprieties. 


1793.  —  Chapter  70. 

[January  Session,  ch,  44.] 

AN  ACT  FOR  DIVIDING  AND  SEPARATING  THE  INTEREST  OR 
PROPRIETY  IN  THE  LOCKS  AND  CANALS  OPENING  AND  PRO- 
POSED TO  BE  OPENED  ON  CONNECTICUT  RIVER  IN  THE 
COUNTY  OF  HAMPSHIRE  CALLED  THE  UPPER  AND  LOWER 
CANALS. 

Whereas  the  Proprietors  of  the  Lochs  and  Canals  on 
Connecticut  River  in  the  County  of  Hampshire  have  by 
their  Petition  represented  to  this  Court  that  it  is  expedient 
for  the  better  effecting  the  purposes  of  their  Incorporation 
that  there  shou\\']d  be  a  Division  of  the  Proprietary  Interest 
of  the  Northern  Canal  from  that  of  the  Southern  Canal 
on  said  River  —  and  prayed  for  a  sejjarate  Incorporation. 

Re  it  enacted  by  the  Senate  <&  House  of  Representatives 
in  General  Court  assembled  and  by  the  Authority  of  the 
same  that  the  Propriety  in  the  Locks  &  Canals  between 
the  head  of  the  Falls  at  South  Hadley  &  the  mouth  of 
Chicobee  River,  called  the  Lower  Canals,  be  separated 
from  the  Propriety  of  those  between  the  mouth  of  Deer- 


Acts,  1793.  —  Chapter  70.  505 

field  River  &  the  head  of  Millar's  Falls  called  the  upper 
Canals  —  That  the  Proprietors  in  the  said  Lower  Canal 
aforesaid  remain  a  Corporation,  in  all  respects  in  future, 
the  same  in  regard  thereto,  as  they  are  at  present ;  and 
that  the  Proprietors  who  now  are  or  hereafter  may  l)e  in 
the  said  upper  Canals  by  virtue  of  this  Act  shall  be  a 
separate  and  distinct  Corporation. 

Be  it  enacted  that  Samuel  Henshaw  of  Northampton,  separate 
Jonathan  D wight  of  Springfield  and  Benjamin  Prescott  established. 
of  Northampton  Esquires  with  such  other  members  of  the 
former  Corporation,  and  such  othe[iJr  their  Associates  as 
shall  join  them,  as  hereby  is  after  provided  for  making 
and  compleating  the  same  Locks  and  Canals  shall  be  and 
hereby  are  Incorporated  into  a  separate  and  distinct  Cor- 
poration, by  the  name  of  the  Proprietors  of  the  upper  Name. 
Locks  and  Canals  on  Connecticut  River  in  the  County  of 
Hampshire  and  that  they  the  said  Samuel  Henshaw,  Jona- 
than Dwight  and  Benjamin  Prescott  Esquires  with  their 
Associates  and  Successors  Proprietors  of  such  proposed 
Canals  and  Locks,  and  in  such  Funds  Lands  &  Real 
Estate  as  are  proposed  to  be  raised  and  purchased  &  as 
shall  be  raised  and  purchased,  for  effecting  the  purpose 
of  making  and  compleating  the  same  Locks  and  Canals 
shall  be  a  Corporation  forever,  under  the  name  aforesaid, 
and  by  that  name  may  sue  and  prosecute,  be  sued  and 
prosecuted  to  final  judgment  and  execution,  may  make 
and  have  a  Common  Seal  and  the  same  may  break  and 
alter  at  their  pleasure,  and  they  shall  be  and  hereby  are 
vested  with  all  the  powers  and  privilidges  which  by  law 
are  incident  to  Corporations. 

And  in  order  to  ascertain  such  Associates  and  their 
Shares  in  the  same  Locks  and  Canals  as  far  as  may  be  at 
present. 

Be  it  enacted  that  the  whole  Interest  in  the  same  Locks  Division  and 
&  Canal  be  divided  into  Five  hundred  &  four  Shares  and  ^h&loa^° 
that  the  said  Samuel,  Jonathan  and  Benjamin  &  each  and 
every    other   of  the    Proprietors,    who  with    them   were  The  other 
named  in  the  former  Act  and  still  retain  their  Interest  Jo'^re'taiT'* 
therein,  and   the   Assignees   of    any  of  those   who  have  '"'erest. 
transferred  their  Interest  shall  have  equal  right  with  the 
said   Samuel,  Jonathan  and  Benjamin   to  hold  &  retain 
their  Interest  and   Share  in  the  same  Locks  and  Canals 
or  such  proportion  thereof  as  they  shall  claim  to  hold  and 
carry  on  under  the  present  Act ;  provided  they  ascertain  provisos. 


506  Acts,  1793.  —  Chapter  70. 

such  claim,  and  in  wliat  proportion  they  will  engage  to 
carry  on  the  same,  and  that  the  same  exceed  not  their 
former  proportion  or  Share ;  And  provided  also  they 
ascertain  the  same  by  Certificate  under  their  hands  to  be 
lodged  with  the  Clerk  of  the  other  Propriety  or  Corpora- 
tion within  Sixty  days  from  the  passing  of  this  Act,  the 
same  to  be  delivered  over  to  the  Clerk  of  the  present 
Propriety  or  Corporation  as  soon  as  such  Clerk  shall  be 
duly  chosen  &  qualified.  Provided  also  that  where  any 
Proprietors  or  persons  interested  either  by  Grant  or  Pur- 
chase in  any  Shares  in  the  said  Locks  and  Canals,  or  the 
privilidges  granted  by  the  former  act  of  Incorporation 
respecting  them  live  without  the  limits  of  this  Common- 
wealth, the  Share  Interest  or  privilidge  of  any  such 
person  in  the  present  proposed  Locks  and  Canals  shall 
not  be  affected  prejudiced  or  altered  by  this  Act,  but  the 
same  and  all  agreements  touchino-  the  same,  shall  be  and 
remain  as  if  this  Act  had  not  been  made. 

Be  it  further  enacted^  that  all  other  Shares  and  propor- 
tions in  the  same  Locks  &  Canals  not  claimed,  secured 
and  reserved  as  aforesaid  shall  be  open  and  free  for  any 
and  every  person  of  reasonable  ability  that  may  desire 
and  subscribe  for  any  number  of  such  Shares,  not  exceed- 
ing Twenty  four  Shares,  which  such  Subscriber  shall  be 
entitled  to,  on  filing  a  Certificate  in  writing  under  his 
hand  with  the  Clerk  of  said  Propriety  ascertaining  the 
number  of  Shares  he  will  carry  on  untill  the  whole  num- 
ber of  Shares  shall  be  taken  up.  And  that  every  such 
Subscriber  shall  be  entitled  to  such  Shares  on  Subscrip- 
tion as  aforesaid  without  any  Premium,  purchase  or  condi- 
tion, further  than  contributing  his  pro})ortion  of  expences, 
that  have  been  or  may  be  incurred  respecting  the  same 
Locks  and  Canals. 
Propri.-tors  And  be  it  farther  Enacted,  that  the  said  Samuel  Jona- 

invcBted  with  it-.-  •  •   i       i      •  •  i     » 

certain  powers,  than  autl  Benjamui  w^ith  then-  said  Associates  shall  be  and 
hereby  are  invested  with  all  the  rights  powers  and  privi- 
lidges, and  subjected  to  all  the  duties  regulations  and 
conditions,  in  regard  to  the  upper  Locks  and  Canals  that 
the  said  Original  Proprietors  were  invested  with  or  sul)- 
jected  to,  by  virtue  of  the  said  original  act  of  Incorpora- 
tion and  by  the  after  Act  of  the  General  Court  made  in 
addition  thereto  —  and  that  every  Clause  paragraph,  arti- 
cle provission  and  regulation  in  either  of  the  said  Acts 
contained,  shall  be  exteoded  to  take  place,  be  applied,  and 
be  in  full  force  in  every  respect,  in  regard  to  the  present 


Acts,  1793.  —  Chaptek  71.  507 

Proprietors  in  the  same  manner  they  would  have  done  to 
the  Original  Proprietors,  if  the  same  bussiness  had  been 
proceeded  in  and  carried  on  by  them  under  such  former 
Acts. 

Arid  be  it  further  Enacted  that  all   Lands  and   other  Lands  pur- 
Keal  Estate  which  the  Proprietors  under  this  Act  shall  sidered  as 
purchase  which  shall  be  necessary  or  convenient  for  exe-  p<^"  o''"' estaie. 
cuting  the  purpose  aforesaid  shall  be  considered  as  within 
the  same  Provission  with  such  Estate  i)urchased  for  like 
purpose  under  the  former  Acts  and  shall  be  deemed  and 
considered  to  all  intents  and  purposes  as  Personal  Estate, 
and  as  such  with  the  other  Interest  in  said  Canal  shall  be 
transferrable  by  such  mode  of  transfer  as  the  said  Pro- 
prietors at  their  meeting  shall  agree  on  and  determine. 

And  he  it  further  enacted,  that  in  all  transactions  of  the  votes,  how 
Proprietors  in  their  Meetings,  respecting  the  said  Locks 
and  Canals  —  the  Votes  shall  always  be  regulated  and 
determined  by  the  Interest  in  the  following  ratio,  that  is 
to  say,  every  Proprietor  holding  from  One  Share  to  Three 
Shares  inclusive  shall  have  One  Vote  — from  Four  Shares 
to  Six  Shares  inclusive  shall  have  Two  Votes — from  seven 
to  ten  Shares  inclusive  shall  have  Three  Votes  and  for 
every  ten  shares  above  ten,  shall  have  one  additional  Vote 
provided  no  one  Proprietor  shall  have  more  than  ten 
Votes. 

And  he  it  further  enacted,  that  all  agreements  and  con-  contiactB,  &e 
tracts  that  have  been  heretofore  made  between  any  of  the 
said  original  Proprietors  or  their  Assigns  and  any  other 
persons,  respecting  either  or  both  the  said  Canals  shall 
remain  in  full  force  and  effect  in  the  same  manner  as  if 
this  Act  had  not  been  made. 

Apjyroved  February  27,  1794. 

1793.  — Chapter  71. 

[January  Session,  ch.  45.] 

AN  ACT  TO  PREVENT  THE  TAKING  OF  THE  FISH  NEAR  THE 
DAM  AT  THE  CANAL  AT  SOUTH  HADLEY  FALLS  IN  CONNECTI- 
CUT RIVER. 

Be  it  enacted  by  the  Senate  <&  House  of  Representatives 
iri  General  Court  Assembled  (&  by  the  Authority  of  the 
same,  that  no  person  or  persons  at  any  time  hereafter  Restrictions. 
shall  take  an}'  Salmon  or  Shad  within  one  hundred  rods 
of  any  part  of  the  Dam  in  Connecticut  River  near  the 
Canal  at  South  Hadley  with  any  Net,  Seine,  Pott,  Scoop- 


508 


Acts,  1793.  —  Chapter  72. 


Forfeiture. 


Nets,  BeinB,  &c. 
forfeited. 


Fines,  how 
recovered  — 


—  and  appro- 
priated. 


Proviso. 


net,  or  any  other  instrument  or  machine  whatever  —  And 
if  any  person  or  persons  shall  take  or  catch  any  Salmon 
or  Shad  contrary  to  the  true  intent  &  meaning  of  this  Act, 
each  person  so  offending  shall  for  every  such  offence  for- 
feit &  pay  a  fine  of  Four  Pounds. 

And  be  it  further  enacted,  that  all  Nets,  Seins  or  other 
Instruments  or  Machines  used  in  takins^  Salmon  or  Shad 
as  aforesaid,  shall  be  &  herel)y  are  forfeited  to  any  person 
or  persons  who  shall  prosecute  for  the  same  with  costs  of 
Suit  to  his  or  their  own  use,  upon  complaint  or  informa- 
tion to  any  Justice  of  the  Peace  in  &  for  the  said  County 
of  Hampshire,  who  may  thereupon  issue  his  warrant  to 
seize  the  same  to  be  kept  until  trial  of  the  said  Complaint 
or  Information,  which  the  said  Justices  are  hereby  fully 
authorized  to  hear  &  determine. 

And  be  it  farther  Enacted,  that  all  sums  of  money  for- 
feited by  any  breach  of  this  Act  shall  &  may  be  sued  for 
&  recovered  by  Action  or  Information  with  costs  of  Suit 
before  any  Justice  of  the  Peace  within  the  County  of 
Hampshire,  &  one  h.-df  of  such  fine  shall  enure  to  him  or 
them  who  shall  sue  or  prosecute  for  the  same,  &  the  other 
half  thereof  for  the  use  of  the  County  of  Hampshire  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  said  County :  provided 
always,  that  nothing  in  this  Act  shall  be  construed  to 
justify  the  erecting  or  continuance  of  the  said  Dam,  but 
the  propriety  of  erecting  &  continuing  the  same  whenever 
this  may  be  called  in  question,  shall  be  determined  on  the 
same  principles  as  though  this  Act  had  never  been  made. 

Approved  February  27,  1794. 


1793.  — Chapter  72. 

[January  Session,  ch.  48.] 

AN  ACT  FOR  ALTERING  THE  TIME  OF  HOLDING  THE  COURT 
OF  COMMON  PLEAS,  AND  GENERAL  SESSIONS  OF  THE  PEACE 
WITHIN,  AND  FOR  THE  COUNTY  OF  BRISTOL  FROM  THE 
SECOND  TUESDAY  OF  MARCH,  AND  FOR  ESTABLISHING  AN 
ADDITIONAL  TERM  FOR  HOLDING  A  COURT  OF  COMMON 
PLEAS  IN  SAID   COUNTY. 

Be  it  Enacted  by  the  Senate,  and  House  of  Representa- 
tives in  general  Court  assembled,  and   by  the  authority 
Places  where      of  the  Same;  That  the  act  entitled  "  an  act  for  detormin- 
beheid?     °      iug  at  what  times,  and  places  the  several  Courts  of  gen- 


Acts,  1793.  —  Chapter  73.  509 

eral  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 
heretofore  made  for  that  purpose,"  so  far  as  it  respects 
the  holding  of  the  Courts  of  common  pleas,  and  general 
sessions  of  the  peace  within  and  for  the  County  of  Bristol 
on  the  second  Tuesday  of  March  annually  be  and  hereby 
is  repealed. 

And  be  itfurtJier  Enacted,  that  from  and  after  the  pass-  Time  of  holding 
ing  this  Act,  there  shall  be  a  court  of  common  pleas  and 
a  court  of  general  sessions  of  the  peace  holden  at  Taunton 
within  and  for  the  said  County  of  Bristol  on  the  third 
Tuesday  of  April,  and  a  Court  of  Common  pleas  on  the 
second  Tuesday  of  December  annually,  in  addition  to  the 
term  for  said  Courts  on  the  second  Tuesday  of  Septem- 
ber annually  already  provided  ])y  Law. 

And  he  it  further  Enacted,  by  the  authority  aforesaid. 
That  all  appeals  already  made,  recognizances  taken,  or  that  ^^f^^l^'^^ 
may  before  the  second  Tuesday  of  March  next  be  made,  when  return- 
or  taken  to  the  aforesaid  Court  of  general  sessions  of  the 
peace,  and  all  actions  commenced,  and  all  processes  re- 
turned, or  that  may  be  returnable  before  the  said  second 
Tuesday  of  March  next,  and  all  appeals  claimed,  or  which 
may  be  claimed  and  all  actions  pending  at  the  said  Court 
of  common  pleas,  which  before  the  passing  of  this  act, 
was  to  have  been  holden  on  the  second  Tuesday  of  March 
next,  and  all  continuances  to  said  Court  from  the  Court  of 
common  pleas  holden  at  said  Taunton,  within  and  for  said 
County  on  the  second  Tuesday  of  September  last  shall 
be  returnable  to,  entered,  made,  proceeded  on,  tried,  and 
determined  agreeably  to  the  true  intent  of  such  writ,  proc- 
ess, recognizance,  appeal,  or  continuance  at  the  Courts 
to  be  holden  at  said  Taunton  within  and  for  said  County, 
on  the  third  Tuesday  of  April  next. 

Approved  February  27,  1794. 

1793.  — Chapter  73. 

[January  SeBeion,  ch.  47.] 

AN  ACT  TO  INCORPORATE  THE  PLANTATION  OF  FRANCISBOR- 
OUGH  IN  THE  COUNTY  OF  YORK  INTO  A  TOWN  BY  THE 
NAME  OF  CORNISH. 

Be  it  enacted  by  the  Senate  &  House  of  Representa- 
tives in  General  Court  Assembled  <&  by  the  Authority  of 
the  same,  that  the  following  described  tract  of  land  vizt.  Boundaries. 


510 


Acts,  1793.  —  Chapter  74. 


Cornish  incor- 
porated. 


Thomas  Parson 
Esq.  to  issue 
warrant. 


beginning  at  a  pine  stump  standing  on  the  bank  of  Great 
Ossipee  river  at  the  mouth  of  Stoney-Pond-brook,  which 
is  the  Northeasterly  bound  of  Parsonfield,  thence  down 
said  Ossipee  River  to  the  mouth  of  the  same  where  it 
empties  into  Saco  River,  thence  down  Saco  River  to  a 
hemlock-tree  marked,  being  the  Northwesterly  boundary 
of  Limington,  thence  South  by  the  Needle  three  hundred 
&  seventy  six  rods  by  Bradbury's  grant,  so  called,  being 
part  of  Limington,  to  a  large  hemlock  tree  being  the 
Southwesterly  corner  of  said  grant,  thence  by  said  Lim- 
ington as  that  is  incorporated,  vizt.  South  twenty  five 
degrees  West  to  the  Northeasterly  boundary  of  Limerick, 
being  a  beach-tree  marked,  thence  West  South  West  by 
said  Limerick,  as  Limerick  is  incorporated  to  the  North- 
west boundary  of  said  Limerick,  being  a  horn-bine-tree 
marked,  distance  about  one  thousand  &  eighty  rods,  — 
from  thence  Northeasterly  by  Parsonfield,  as  Parsonfield 
is  incorporated,  to  the  bound  first  mentioned,  distance 
about  five  &  a  half  miles,  containing  about  twelve  thou- 
sand acres,  together  with  the  inhabitants  thereon,  be,  & 
they  hereby  are  incorporated  into  a  town  by  the  name  of 
Cornish  ;  &  the  said  town  is  hereby  invested  with  all  the 
powers,  privileges  &  immunities  which  other  Towns  in 
this  Commonwealth  do,  or  may  enjoy  by  Law. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  Thomas  Parson,  esquire,  be,  &  he  is  hereby  impow- 
ered  to  issue  his  warrant,  directed  to  some  suitable  inhab- 
itant of  the  said  town  of  Cornish  requiring  him  to  warn  the 
inhabitants  thereof  qualified  as  the  Law  directs  to  vote  in ' 
town  meeting  to  meet  at  some  convenient  time  &  place  to 
choose  all  such  officers  as  towns  are  by  law  required  to 
choose  in  the  month  of  March  or  April  annually. 

Approved  February  27,  1794. 


Preamble. 


1793.— Chapter  74. 

[January  Session,  ch.  46.] 

AN  ACT  TO  ESTABLISH  AN  ACADEMY  IN  THE  TOAVN  OF  PORT- 
LAND, BY  THE  NAME  OF  PORTLAND  ACADEMY,  IN  THE 
COUNTY  OF  CUMBERLAND,  AND  TO  CREATE  A  CORPORATION 
OF  TRUSTEES  FOR  THE  SAME. 

Whereas  the  encouragement  of  Literature  in  the  rising 
generation,  has  ever  been  considered  by  the  wise  and  good, 
as  the  basis  upon  which  the  safety  and  hapjiiness  of  a  free 


Acts,  1793.  —  Chapter  74.  511 

people  nltimately  depend.  And  whereas  Samuel  Freeman 
Esqr.  &  others  have  p)eiitioned  this  Court  for  the  estab- 
lishment of  an  Academy  in  Portland  in  the  County  of 
Cumberland,  for  that  purpose. 

Be  it  Enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  ayid  by  the  authority  of 
the  same,  that  there  be,  and  hereby  is  established  in  the  -^?",^f^"?,y, 
town  of  Portland  m  the  County  oi  Cumberland,  an  Acad- 
emy by  the  name  of  Portland  Academy,  for  the  purpose 
of  promoting  the  education  of  youth,  in  the  English, 
Latin,  Greek,  and  French  languages,  together  with  writ- 
ing, arithmetic,  and  the  art  of  speaking ;  practical  geom- 
etry, logic,  philosophy  and  geography,  the  knowledge  and 
practise  of  virtue  &  the  principles  of  a  Republican  Govern- 
ment;  and  such  other  of"  the  liberal  arts  and  scienc[i]es, 
as  the  trustees  herein  after  provided  shall  order  and  direct. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  Revd.  Thomas  Brown,  the  Revd.  Samuel  Dean,  Names  of 
Doctor  of  Divinity,  Samuel  Freeman  Esqr.  John  Froth-  'r'""'"«*^«- 
ingham  esqr..  Mr.  John  Fox,  William  Gorham  Esqr.,  Mr. 
Joseph  Jewett,  Revd.  Elijah  Kellogg,  Mr.  Stephen  Long- 
fellow, David  Mitchel  Esqr.  Mr.  Hugh  McClellan,  Joseph 
Noyes  esqr. ,  Robert  Southgate  esqr. ,  Josiah  Thacher  esqr. , 
and  William    Wedgery    esqr.   be,  and   they  are  hereby 
nominated  and  appointed  trustees  of  the  said  Academy, 
and  they  are  hereby  incorporated  into  a  body  politic,  l)y  incorporated 
the  name  of  the  Trustees  of  Portland  Academy,  in  the 
County  of  Cumberland,   and  they,  and  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  the  said  trustees  and  their  successors  shall  have  one  common  seai. 
common  seal,  which  they  may  break  change  and  renew 
from  time  to  time,  as  they  shall  see  fit,  and  they  may  sue  corporation 
&  be  sued,  in  all  actions  real,  personal  and  mixed,  and  "ensued!'*" 
prosecute  and  defend   the  same  to   final   judgment  and 
execution  by  the  name  of  the  Trustees  of  Portland  Acad- 
emy in  the  County  of  Cumberland  ;   &  may  appoint  an 
Agent  or  Agents  to  prosecute  or  defend  such  suits. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  the  said  Reverend  Thomas  Brown  &  others,  the  Trus-  Trustees  to  be 

Visitors   &c 

tees  aforesaid,  and  their  successors  be,  &  they  are  hereby 
made  the  visitors,  trustees  and  governors  of  the  said 
Academy,  in  perpetual  succession  forever,  to  be  continued 


512 


Acts,  1793.  —  Chapter  75. 


Number  of 
Trustees. 


Vacancies  filled 


Capable  of 
holding  estate 
to  a  certain 
amount. 


Samuel 
Freeman  Esq. 
impowered. 


in  the  way  and  manner  hereafter  specified,  with  full  power 
and  authority  to  elect  such  Officers  of  the  said  Academy, 
as  they  shall  judge  necessary  and  convenient ;  and  to  make 
and  ordain  such  laws,  orders  and  rules,  not  repugnant  to 
the  laws  of  the  Commonwealth  for  the  good  government 
of  said  Academy,  as  to  them  shall  seem  fit  and  requisite. 

And  be  it  further  enacted  by  the  authority  aforesaid^ 
that  the  number  of  the  trustees  aforesaid,  shall  not  at  any 
one  time  be  more  than  fifteen  nor  less  than  eight,  seven 
of  whom,  at  least,  shall  be  necessary  to  constitute  a  quo- 
rum for  transacting  business. 

And  be  it  further  Enacted  by  the  authority  aforesaid, 
that  as  often  as  one  or  more  of  the  trustees  aforesaid, 
shall  die  or  resign,  or  in  the  judgment  of  the  major  part 
of  the  trustees,  shall  be  rendered  incapable  by  age  or 
otherwise,  of  discharging  the  duties  of  his  office,  the 
trustees  then  surviving,  shall  elect  one  or  more  persons 
to  fill  up  the  vacancy  or  vacancies. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  trustees  aforesaid,  and  their  successors  be,  and 
they  hereby  are  rendered  capable  in  law  to  take  and  hold 
by  gift,  grant  devise,  bequest  or  otherwise,  any  lands, 
tenements,  or  other  estate  real  or  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  said  personal  estate,  shall  not  exceed  the  sum  of 
two  thousand  pounds.  And  all  deeds  &  instruments, 
which  the  said  trustees  may  lawfully  make,  shall  be  sealed 
with  their  seal,  and  shall  bind  the  said  trustees  &  their 
successors,  and  be  valid  in  law. 

And  be  it  further  Enacted  that  Samuel  Freeman  esqr. 
be,  and  he  hereby  is  authorized  and  impowered  to  appoint 
the  time  and  place  for  holding  the  first  meeting  of  said 
trustees,  and  notify  them  thereof. 

Approved  February  27,  1794. 


1793.  — Chapter  75. 

[January  Session,  ch.  49.] 

AN  ACT  IN  ADDITION  TO  THE  ACT,  FOR  THE  LIMITATION  OF 
PERSONAL  ACTIONS,  AND  FOR  AVOIDING  SUITS  AT  LAW; 
PASSED  THE  THIRTEENTH  DAY  OF  FEBRUARY,  ONE  THOU- 
SAND SEVEN  HUNDRED  AND  EIGHTY   SEVEN. 

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


Acts,  1793.  —  Chapter  75.  513 

fhe  same,  that  any  action  of  the  case,  or  of  debt  grounded  ^a8e°&crhotf 
ui)on  any  lending  or  contract,  or  for  arrearages  of  rent  commenced. 
actually  declared  upon  in  a  proper  Writ,  returnable  ac- 
cording to  law,  purchased  therefor  before  the  first  day  of 
December  last,  or  which  has  been,  or  which  shall  be  so 
actually  declared  in,  within  the  term  of  six  years  next 
after  the  cause  of  such  action  accrued,  shall  be  deemed 
and  taken  to  be  duly  commenced  and  sued  within  the 
meaning  of  said  act  for  the  limitation  of  personal  actions, 
and  for  avoiding  suits  at  law. 

And  be  it  further  Enacted,  that  any  action  which  hath  ^ct'ons- 
been,  or  which  shall  be  actually  declared  in  as  aforesaid, 
&  in  which  the  Writ  purchased  therefor,  has  failed  of  a 
sufficient  service  or  return,  by  any  unavoidable  accident, 
or  by  the  default,  negligence  or  defect  of  any  Officer  to 
whom  such  Writ  was  or  shall  be  duly  directed,  or  when 
such  writ  shall  be  abated,  or  the  action  thereby  com- 
menced shall  be  avoided  by  demurrer,  or  otherwise,  for 
informality  of  proceedings,  then,  and  in  any  such  case 
the  plaintiffs  or  plaintiff,  or  his  or  her  executor  or  admin- 
istrator may  commence  another  action  upon  the  same  de- 
mand, and  shall  thereby  save  the  limitation  thereof,  any 
thing  in  the  said  act  for  the  limitation  of  personal  actions, 
and  for  avoiding  suits  at  law,  to  the  contrary  notwith- 
standing :  provided  that  such  second  action  shall  be  duly  rroviso. 
commenced  by  declaring  in  the  same  aforesaid,  and  pur- 
sued at  the  next  Court  of  Common  pleas  of  the  County, 
in  which  trial  of  the  cause  may  be  had,  or  within  three 
months  next  after  the  Court,  whereto  such  former  Writ 
was,  or  shall  be  returnable,  or  wherein  Judgment  of  a1)ate- 
ment,  or  other  avoidance  of  such  suit  shall  happen,  and 
not  afterwards. 

And  be  it  farther  enacted  that  any  action  of  the  case.  Action  &c.  in 
or  of  debt,  grounded  upon  any  lending  or  contract,  or  sordt-ce^asedi 
for  arrearage  of  rent,  which  might  have  been,  or  which 
may  be  sued  and  i)rosecuted  by,  or  against  any  person 
deceased,  or  who  shall  decease,  at  the  time  of  his  or  her 
death,  or  within  thirty  days  next  preceeding,  shall  and 
may  be  commenced  by  declaring  in  the  same  as  aforesaid, 
and  sued  by,  or  against  the  Executor  or  Administrator  of 
such  deceased  person,  within  two  years  after  the  grant  of 
letters  testamentary  or  of  administration,  and  not  after- 
wards, if  otherwise  barred  by  the  said  Act,  for  the  limita- 
tion of  personal  actions,  &  for  avoiding  suits  at  law,  any 


514  Acts,  1793.  —  Chapter  75. 

thing  which  may  be  supposed  therein  to  the  contrary  not- 
withstanding. 
Action  for  debt       And  be  it  further  enacted,  ihsii  in  any  action  brought, 

on  simple  con-  •/  ^  %/  ^  o       ' 

tract.  or  which  shall  be  brought,  for  any  debt  upon  simple  con- 

tract or  promise  in  writing,  not  under  seal,  the  defendant 
therein  may  give  in  evidence  upon  the  ge[r]  [njeral  issue, 
his  or  her  demands  against  the  plaintiff',  for  goods  delivered, 
monies  paid,  or  services  done,  whereof  an  account  shall 
be  duly  filed  in  the  Clerk's  office  of  the  Court  whereto 
such  action  is,  or  shall  be  brought,  seven  days,  and  before 
a  Justice  four  days  at  least,  preceding  the  time  of  trial. 
And  in  all  cases  of  mutual  demands  as  aforesaid,  the  ac- 
count of  the  Defendant,  if  any  time  of  limitation  shall  be 
objected  thereto  by  the  plaintiff",  shall  be  considered  and 
allowed,  as  if  an  action  had  been  duly  commenced  thereon, 
by  declaring  in  the  same,  at  the  time  when  the  plaintiff''s 
action  was,  or  shall  be  commenced,  any  law,  usage  or 
custom  to  the  contrary  notwithstanding. 

Ajyproved  February  27 ^  1794. 


RESOLVES 


MASSACHUSETTS. 


179.3. 


EESOLVES 


GENERAL    COURT 


Commonwealth  of  Massachusetts, 


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

ON   WEDNESDAY   THE   TWENTY-NINTH    DAY   OF 

3IAY,   ANNO   DOMINI,    1793. 


BOSTON : 
PRINTED   AT   THE   STATE-PRESS,  13Y   ADAMS   &   LARKIN, 

Printers  to  the  Uonorable  General  Court. 

M.DCC.XCni. 

Reprinted  tjy  Wright  &  Potter  Printing  Company,  State  Printers. 


RESOLVES 


GENERAL    COURT    OF    THE   COMMONWEALTH 
OF  MASSACHUSETTS: 

TOGETHER  WITH    THE   SPEECHES,    &c.   OF    HIS    EXCEL- 
LENCY  THE   GOVERNOR,   TO  THE   SAID  COURT; 

BEGUN  AND  HELD  AT  BOSTON,  IN  THE  COUNTY  OF  SUF- 
FOLK, ON  WEDNESDAY  THE  TWENTY-NINTH  DAY  OF 
MAY,   ANNO   DO^IINI,   1793. 

His  Excellency  JOHN   HANCOCK,  Esq. 

Governor. 

His  Honor  SAMUEL   ADAMS,  Esq. 
Lieutenant-Governor. 

COUNCELLOBS. 

Honorable  Azor  Orne,  Honorable  Edward  Cutis. 

Moses  Gill,  James  Warren, 

Thomas  Durfee,  William  Shepard, 

Eleazer  Brooks,  Ebenezer  Thayer,  jun. 

Oliver    Wendell,  Es-  Esquires, 

quires. 

The  follovnng  are  the  Names  of  the  OeiUlcmen  who  comimse  the  hoo 
Branches  of  the  GENEBAL  COUBT,  viz. 

SENATOBS. 
Hon.  SAMUEL  PHILLIPS,  Esq.  President. 
County  of  Suffolk.  County  of  Essex. 

Hon.  William  Heath,  Hon.  Azor  Orne, 

Stephen  Metcalf,  Samuel  Phillips, 

Thomas  Dawes,  Stephen  Choale, 

Benjamin  Austin,  jun.  Theop.  Bradbury, 

Oliver  Wendell,    '  Daniel  Thurston, 

James  Bowdoiu,  Esquires.  Nathan  Dane,  Esquires. 


i20 


Resolves,  1793.  —  May  Session. 


SENATORS—  Concluded. 


County  of  Middlesex. 
Hon.  Eleazer  Bi'ooks, 
Ebeiiezer  Brido;e, 
Joseph  Hosmer, 
Joseph  B.  Varnum, 
Daniel  Whitne}',  Esquires. 

County  of  Hampshire. 
Hon.  John  Hastings, 
Samuel  Fowlei', 
Simeon  Strong, 
William       Shepard,       Es- 
quires. 

County  of  Plymouth. 
Hon.  Isaac  Thompson, 
Josiah  Smith, 
Daniel  Howard,  Esquires 

County  of  Bristol. 
Hon.  Thomas  Durfee, 
Elisha  May, 
George  Leonard,  Esquires. 

County  of  Barnstable. 
Hon  Solomon      Freeman,      Es- 
quire. 


Counties  of  Dukes-County  and 

Nantucket. 
Hon.  William  Jernigan,  Esquire. 

County  of  York. 
Hon.  Nathaniel  Wells, 

Simon  Fiye,  Esquires. 

Coimty  of  Cumberland. 
Hon.  Josiah  Thatcher,  Esquire. 

County  of  Worcester. 
Hon.  Moses  Gill, 

Samuel  Baker, 
Jonathan  Warner, 
Timothy  Newell, 
Josiah  Stearns,  Esquires. 

Counties  of  Lincoln,  Hancock 
and  Washington. 
Hon.  Alexander    Campbell,    Es- 
quii'e 

County  of  Berkshire. 
Hon.  Elijah  Dwight, 

Thompson  J.  Skinner,  Es- 
quires. 


MEMBERS   OF  THE  HOUSE   OF  REPRESENTATIVES. 


EDWARD  HUTCHINSON  ROBBINS,  Esq.  Speaker. 
County  of  Suffolk. 


f  William  Tudor,  Esq. 
^^■'     Charles  Jarvis,  Esq. 
O   I  Jonathan  Mason,  Esq. 
^  \  John  Coffin  Jones,  Esq. 
Q,   I  William  Eustis,  Esq. 
tei   I  ,rosei)h  Blake,  Esq 

(^  Thomas  Edwards,  Esq. 
Roxbury,  John  Read,  Esq. 

Mr  Eben   Seaver 
Dorchester,  Mr.  John  Howe, 
Milton,     Edward     H.     Bobbins, 

Esq. 
Braintree,  Hon.  Ebenezer  Thayer, 

jun.  Esq. 
Bingham,    Col     Charles    Gush- 
ing, 


Dedham,  Mr.  Nathaniel  Kings- 
bury, 

Medfield  &  Dover,  Capt.  John 
Baxter, 

Stoughton,  Hon.  Elijah  Dunbar, 
Esq. 

Sharon,  Mv.  Joseph  He  wins, 

Medway,  Mr.  Moses  Richardson, 
jun. 

Walpolc,  Mr.  Oliver  Clap, 

Wrenthani.  Mr.  Nathan  Com- 
stock, 

Frankli7i,  Mr.  Hezekiah  Fisher, 

Randolph,  Samuel  Bass,  Esq. 

Needham,  Col.  Jonathan  Kings- 
bury, 


Resolves,  1793.  —  May  Session. 


521 


REPRESENTATIVES  —  Continued. 
County  of  Essex. 


Salem,  John  Hathorne,  Esq. 

John  Sauuders,  jun.  Esq. 
Dnnvers,  Israel  Hutchinson,  Esq. 
Tpsivich,  Mr.  John  Heard, 

IMr.  Jonathan  Cogswell,  Esq. 
Newbury,  .Mr.  Josiah  Little, 
Newbury  Port,  Major  P^noch  Tit- 
comb,  jun. 
Marblehend,  Samuel  Sewall,  Esq. 
Lynn  &  Lynnjield,  Ezra  Collins, 
Esq. 


Andover,  Joshua  Holt,  Esq. 
Beverly,  Mr.  Joseph  VVood, 
Rou'ley,  Capt.  Thomas  Mighill, 
Salisbury,  Mr.  Jacob  Brown, 
Haverhill,  Capt.  Francis  Carr, 
Oloucester,  Cajjt.  Wm.  Pearson, 
Topsfield,  ^Ir.  Sylvanus  Willes, 
Amesbury,  Christopher  Sargent, 

Esq. 
Boxford,    Thomas    Perley,    jun. 

Esq. 


County  of  Middlesex. 


Cambridge,  Stej)hen  Dana,  Esq. 
CajJt.  Jeduthan  Willington, 
Watertown,  Amos  Bond,  Esq. 
Charlestown,     Richard     Devens, 

Esq. 
Woburn,  Samuel  Thomson,  Esq. 
Concord,  Jonathan  Fay,  Esq. 
Newton,  John  Woodward,  Esq. 
Reading,  James  Bancroft,  Esq. 
Marlboro',  Col.  f^dward  Barnes, 
Billerica,  Edward  Farmer,  Esq. 
Frammgham,     Jonathan     May- 

nard.  Esq. 
Lexington,  JNlr.  Joseph  Simonds, 
Sudbury,  William  Rice,  Es([. 
Maiden,  Capt.  Isaac  Smith, 
Weston,  Mr.  Amos  Bigelow, 


Medford,  Capt.  Ebenezer  Hall, 
Hopkintoti,     Matthew     Metcalf, 

Esq. 
Westfo7-d,  Zaccheus  Wright,  Esq. 
Waltham,  Mr.  Abner  Sanderson, 
Stoiv  &  Boxborotigh,  Mr   Charles 

Whitman, 
Groton,  Aaron  Brown,  Esq. 
Mr.  Timothy  Bigelow, 
Pepperell,  Joseph  Heald,  Esq. 
Townsend,  Mr.  Jonathan  Wallis, 
Dracut,  Mr.  Israel  Hildreth, 
Acton     &     Carlisle,    Mr.    Jonas 

Brooks, 
East      Sudbury,     Mr.     Thomas 

Heard. 


County  of  Hampshire. 


Sj^ringfield,  Hon.  Samuel  Lyman, 

Esq. 
West     Springfield,    Justin     Ely, 

Esq. 
Wilbraham,  John  Bliss,  Esq. 
Northampton,  Samuel  Henshaw, 

Esq. 
East  Hampton,  Elijah  Hunt,  Esq. 
Amherst,  Mr.  Moses  Cook,  jun. 
Palmer,  Col.  David  Shaw, 
Westfield,  Warham  Parks,  Escp 
Deerfield,  Mr.  Jonathan  Iloit, 
Co7iway,  Wm   Billings,  Esq. 
Brimfield,  Ca])t.  David  Morgan, 
New- Salem,  Mr.  Ezekiel  Kellogg, 

jun. 
Williamsburg,  Wm.  Bodman,  Esq. 


Ashfield,  Mr.  Ephraim  Williams, 
Worthington,  Mr.  Jonathan  Brew- 
ster, 
Chesterfield,  Capt.  Thomson  Max- 
well, 
Monson,  Capt.  Caleb  Keep, 
Pelham,  Mr.  Adam  Clark, 
Iladley,  Charles  Phelps,  Esq. 
Northfield,  Mr.  Ebenezer  Jones, 
Belcher,  Mr.  Park  Holland, 
Colrain,  Mr.  Hugh  McClellan, 
Shelburtie,  Capt.  Benjamin  Nash, 
Southwick,  Mr  Saul.  Fowler, 
Granville,  Col.  Timothy  Robin- 
son. 
Greenfield,  David  Smead,  Esq. 
Greenwich,  James  Fiske,  Esq. 


522  Resolves,  1793.  —  May  Session. 

REPRESENTATIVES—  Continued. 
County  of  Hampshire  —  Concluded. 

South  Hampton,  Lemuel  Pome-  West  Hampton,  Mr.  Gideon  Clark, 

roy,  Esq.  jun. 

Warivick  &  Orange,  Jolui  Golds-  Buckland,  Samuel  Taylor,  Esq. 

bury,  Esq.  Cummington  &  Plainfield,  Capt. 
Bernarddon  &  Leyden,  Mr.  Caleb  James  Richards. 

Alvard,  Blanford,  Mr.  Reuben  Boies, 

County  of  Plymouth. 

Plymouth,  Mr.  John  Davis,  Rochester,     Nathaniel     Sprague, 
Sciluate,  Capt.  Elijah  Turner,  Esq. 

Marshfield,  Joseph  Briant,  Esq.  Pembroke,  John  Turner,  jun.  Esq. 

Bridgewater,  Mr.  Daniel  Snow,  Kingston,    Ebenezer   Washburn, 
Middleborough,     Mr.     Nehemiah  Esq. 

Bennett,  Abington,  Aaron  Hubbard,  Esq. 

County  of  Barnstable. 

Barnstable,  Capt.  Samuel  Smith,       Eastham,  Elijah  Knowles,  Esq. 
Sandwich,  Joseph  Nye,  Esq.  Harwich,  Mr.  John  Dillingham. 

Yarmouth,  Atherton  Hall,  Esq. 

County  of  Bristol. 

Rehoboth,  Hon.  Phanuel  Bishop,  Freetown,    Mr.    Ephraim   Wins- 

Esq.  low, 

Swanzey,     Christopher     Mason,  Easton,  Col.  Abiel  Mitchell. 

Esq.  Raynham,  Josiah  Dean,  Esq. 

Dartmouth,  Hon.  Holder  Slocum,  Westport,  William  Almes,  Esq. 

Esq.  Somerset,  Hon.  Jerathmeel  Bow- 

Attleborough,  Hon.  Elisha  May,  ers, 

Esq. 

County  of  York. 

York,  Joseph  Tucker,  Esq.  Pepperelborough,    Josiah     Fair- 
Kittery,  Mr.  Mark  Adams,  field,  Esq. 

Wells,  John  Storer,  Esq.  Burton,  Mr.  John  Woodman 

Berwick,  Mr.   Richard    Foxwell  Lebanon,    Mr.   Thos.   M.   Went- 

Cutts,  worth 

Arundell,  Capt.  Jacob  Wilds,  Fryeburg,  Hon.  Simon  Frye,  Esq. 
Biddeford,  Col.  Jose^^h  Morrill 

County  of  Dukes  County. 

Edgarton,  Hon.  Wm.  Jernagan,       Tisbury,  Mr.  Benjamin  Allen. 
Esq. 

County  of  Nantucket. 

Sherburne,  Mr.  Micajah  Coffin. 

County  of  Worcester. 

Worcester,  Capt.  Samuel  Flag,  Sutton,  Col.  Timothy  Sibley, 

Lancaster,  John  Whiting,  Esq.  Spencer,  Mr.  James  Hathaway, 

Mendon,  Benjamin  Read,  Esq.  Rutland,  William  Caldwell,  Ksq. 

//roo/i-/?eZcZ,  Thomas  Hale,  jun.  Esq.  New   Braintree,  Major   Artemas 
Charlton,  Gen.  Salem  Towne,  How, 


Resolves,  1793.  —  May  Session. 


523 


REPRESENTATIVES—  Concluded. 
County  0/ Worcester  —  Concluded. 


Soulhborough,  Mr.  Elijah  Bi'ig- 
ham, 

Westborough,  Elijah  Brighani, 
Esq. 

Shrewsbury,  Major  Jonah  Howe, 

Lunenburg,  Hon.  Josiah  Stearns, 
Esq. 

Fitchburgh,  Daniel  Putnam,  Esq. 

Uxbridge,  Capt.  Bezaleel  Taft, 

Harvard,  Major  Benjamin  Kim- 
ball, 

Sturbridge,  Mr.  Josiah  Walker, 


Leominster,  Co\.  Timothy  Boutel, 
Eolden,  Mr.  John  Dodds, 
Qrafion,  Col.  Luke  Drury, 
Pctershmn,  Daniel  Bigelow,  Esq. 
Templeton,  Col.  Silas  Cutler, 
Princeton,  Hon.  Moses  Gill,  Esq. 
Dudley,  Capt.    John    Chamber- 
lain, 
Barre,  Capt.  John  Black, 
Sterling,  Edward  Raymond,  Esq. 
BoyUton,  Mr.  Jonas  Temple. 


County  of  Cumberland. 


Portland,  Daniel  ILsley,  Esq. 

Daniel  Davis,  Esq. 
Qorham,    Stephen     Longfellow, 

Esq. 
Falmouth,  Joseph  Noyes,  Esq. 
North    Yarmouth,    Mr.   William 

Martin, 
Scarborough,  Wm.  Thomson 


Brunsunck,C2iT^t.  Wm.  Stanwood, 

jun. 
Harpsrvell,    Benjamin    Dunning, 

Esq. 
New  Gloucester,  William  Wedg- 

ery,  Esq. 
Freeport,  John  Cushing,  Esq. 


County  of  Lincoln. 


Warre?i,  Thirsting  Whiting, 
Winthrop  &  ReadJield,  Mr  Samuel 

Wood, 
Pownalboro\  Mr.  Silas  Lee, 
Thomaston,  Capt.  Josiah  Reed. 
Tojysham,  Hon.  Samuel  Thomson, 
Georgetown,  Mr.  Jordan  Parker 


Boothbay,  William  McCobb,  Esq. 
Bristol,  Thomas  Johnston,  Esq. 
Halloxoell,  Mr.   Nathaniel   Dum- 

mer, 
Newcastle,  INlajor  John  Fai'ley. 
Bowdoin,  Capt.  James  Rogers, 
Winslow,  Mr.  Benjamin  Runnells. 


County  of  Hancock. 
Penobscot,  Isaac  Parker,  Esq. 

County  of  Washington. 
Machias,  Phineas  Bruce,  Esq. 

County  of  Berkshire. 


Sheffield  &  )  Mr.    John 

Mount  Washington,   \    Hubbard. 
Great    Barringto7i,   Hon.    Elijah 

Dwight,  Esq. 
New       Marlborough,       Obadiah 

Ward,  p]sq. 
Williamstown,     Major     William 

Young. 

Lanesborough      )  Gideon  Wheel- 

&  New  Ashford,  \      er,  Esq. 

PiH^fiplfl  ^  Capt  Daniel  Hubbard 
rtusjieia,  ^  ^pj^^yfi^y  Childs,  Esq. 


Lenox,  Mr  Elijah  Gates. 
Stockbridge,   Hon.   John    Bacon, 

Esq. 
Egremont,  Mr.  Nicholas  Chace. 
Sandisfield,  Mr.  John  Picket. 
Windsor,  Joshua  Beals,  Esq. 
Richmond,     Nathaniel      Bishop, 

Esq. 
West  Stockbridge,  Thomas  Lusk, 

Esq. 
Adams,  Israel  Jones,  Esq. 
Cheshire,  Capt.  Daniel  Brown. 


524  Resolves,  1793.  —  May  Session. 


Chapter  1. 

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

On  the  petition  of  the  Selectmen  of  the  Town  of  West- 
borough  praying  for  the  confirmation  of  several  assess- 
ments made  for  the  support  of  the  gospel  minister  of  said 
town  on  a  vote  &  contract  without  the  money  so  assessed 
being  particularly  granted  as  the  law  directs. 

Resolved  for  reasons  set  forth  in  said  petition  that  the 
assessments  heretofore  made  in  said  town  of  Westborough 
to  the  support  of  the  gospel  minister  of  said  town  pursu- 
ant to  a  vote  &  contract  of  said  town  without  a'  particular 
grant  of  the  money  so  assessed  be  &  hereby  is  confirmed 
&  made  valid  in  the  same  way  &  manner  as  if  the  sum 
so  assessed  had  been  granted  by  said  town  any  law  to  the 
contrary  notwithstanding.  June  5,  1793. 

Chapter  2. 

RESOLVE    ON   THE  PETITION  OF  BENJAMIN   PARKER,   RICHARD 
CUTTS  AND  RICHARD  ROGERS. 

On  the  petition  of  Benjamin  Parker,  Richard  Cutts  and 
Richard  Rogers  Committee  in  behalf  of  the  first  Parish  in 
the  Town  of  Kittery  praying  that  Nicholas  Weeks  Consta- 
ble of  said  Town  may  be  Authorized  and  empowered  to 
Collect  the  Taxes  Committed  him  to  Collect  by  the  Assess- 
ors of  said  Parish  in  the  Year  1788,  1789  and  1790. 

Resolved  for  Reasons  set  forth  in  said  petition  that  the 
said  Nicholas  Weeks  be,  and  hereby  is  Authorized  and 
empowered  to  Collect  the  Taxes  Committed  him  to  Collect 
by  the  Assessors  of  said  Parish  in  the  year  1788,  1789 
and  1790  and  pay  the  same  into  the  Treasury  of  said 
Parish  agreeably  to  the  Warrants  given  him  by  the  As- 
sessors of  said  Parish  in  the  same  way  and  manner  as  if 
he  had  been  appointed  Collector  perticularly  for  said 
Parish  any  law  to  the  Contrary  notwithstanding. 

June  5,  1793. 

Chapter  3. 

RESOLVE   FOR   GRANTING  A  TAX  OF  £.600  FOR  THE  COUNTY  OF 

ESSEX. 

Upon  the  application  of  the  Justices  of  the  Court  of 
General  Sessions  of  the  Peace  holden  at  Ipswich  within 


Resolves,  1793.  —  May  Session.  525 

and  for  the  County  of  Essex  on  the  first  tuesday  of  April 
last. 

Resolved^  that  the  sum  of  six  hundred  pounds,  be 
granted  and  allowed  as  a  tax  for  the  said  County  of 
Essex,  to  be  apportioned  and  raised  within  the  same,  that 
Sum  being  necessary,  according  to  the  Estimate  of  the 
said  Justices,  for  the  purpose  of  erecting  a  new  Court- 
House  at  Ipswich  in  said  County,  Avhich  was  agreed  upon, 
and  ordered  by  the  said  Justices,  at  the  same  Court. 

June  5,  1793. 

Chapter  4. 

RESOLVE   ON   THE   PETITION   OF  MARCY   GODFREY. 

On  the  petition  of  Marcy  Godfrey  wido.  of  Solomon 
Godfrey  late  of  Chatham  dec[e]ased,  praying  that  her 
father  Seth  Crowel  may  be  impowered  to  sell  the  real 
estate  of  her  late  husband  deced.  and  to  lay  out  the  monies 
ariseing  by  such  sale  for  other  real  estate,  for  the  benefit 
of  the  heirs  of  said  deceased. 

Resolved^  that  the  prayer  of  said  Petition  be  Granted 
and  that  the  said  Seth  Crowel,  be  and  hereby  is  Authorized 
&  impowerd  to  sell  the  real  estate  of  the  said  Solomon  God- 
frey, for  the  most  the  same  wall  fetch,  either  at  public  or 
private  sale,  as  shall  appear  to  be  most  for  the  interest  of 
all  concerned  in  such  sale  ;  and  to  make  and  execute  a 
good  and  lawful  deed  or  deeds  to  the  purchasor  or  pur- 
chasors  thereof — j^rovided  however,  that  previous  to  said 
sale  he  the  said  Seth  Crowel  shall  take  the  oath  required 
by  law  respecting  the  sale  of  Real  Estate  and  Give  bonds 
to  the  Judge  of  probate  for  the  County  of  Barnstable 
with  sufficient  sureties  conditioned  that  he  will  well  and 
truly  lay  out  the  proceeds  of  such  sale  in  purchasing  other 
real  estate  for  the  benefit  of  the  Heirs  of  said  deceased, 
which  real  estate  when  purchased  (and  a  good  and  lawful 
deed  or  deeds  taken  of  the  same  in  favour  of  said  heirs) 
.shall  descend  to  the  wido.  and  heirs  of  said  deed,  in  the  same 
way  and  manner  as  it  would  have  done  if  the  said  Solomon 
Godfrey  had  died  seized  of  the  same.  June  5,  1793. 

Chapter  5. 

RESOLVE   ON   THE   PETITION   OF  WILLIAM  DODDS. 

On  the  petition  of  William  Dodds  of  Princetown  in  the 
County   of    Worcester,    one    of    the    Coroners    for   said 


526  Resolves,  1793.  —  May  Sessio:n-. 

County,   shewing  that   he  has  been  sworn  &  given  bond 
»  to  the  Treasurer  of  suid  County  for  the  due  execution  of 

his  said  Office,  which  he  now  finds  is  not  conformable  to 
law,  &  praying  that  he  may  now  be  allowed  to  give  bond 
in  manner  agreable  to  law. 

Resolved  for  reasons  set  forth  in  said  petition  that  the 
prayer  thereof  be  granted,  &  that  the  said  William  Dodds 
is  hereby  permitted  to  give  ])onds  for  the  due  execution 
of  his  said  office  at  the  next  Court  of  Common  pleas  to  be 
holden  at  Worcester  within  &  for  the  County  of  Worces- 
ter on  the  second  tuesday  of  June  instant  in  the  form  & 
manner  prescribed  by  law  &  that  the  doings  of  the  said 
William  Dodds  as  a  Coroner  shall  be  considered  as  good 
&  valid  as  they  would  have  been  had  he  given  bond  within 
the  time  by  law  required.  June  5,  1793. 

Chapter  6. 

RESOLVE  ON   THE   PETITION  OF  JOSIAH  MIXER. 

On  the  petition  of  Josiah  Mixer  praying  for  the  authen- 
tication of  a  State  Note  to  him  issued  from  the  treasurer 
of  this  Commonwealth  Dated  March  first  one  thousand 
seven  hundred  &  Eighty  three  for  the  sum  of  Eight  pound 
fifteen  shillings  &  ten  pence  Not  withstanding  the  treas- 
ur[erj  Omitted  signing  said  Note. 

Resolved  That  the  treasurer  of  this  Commonwealth  be 
and  he  is  hearby  Directed  to  certify  on  said  Note  that  it 
is  a  good  Note  and  Obligatory  on  this  Commonwealth 
Not  with  standing  said  Omission.  J?me  6,  1793. 

Chapter  7. 

RESOLVE  FOR  APPOINTING  AN  ADDITIONAL  NOTARY  PUBLIC 
FOR  THE  COUNTY  OF  SUFFOLK,  TO  BE  RESIDENT  IN  THE 
TOWN  OF  BOSTON. 

On  the  representation  of  many  principal  Merchants  and 
others  of  the  Town  of  Boston,  that  another  Notary-Public 
is  necessary  there. 

Resolved,  that  one  Notary-Public  shall  l)e  appointed 
within  the  County  of  Suffolk  to  be  resident  within  the 
Town  of  Boston,  in  addition  to  the  Notaries-Public  which 
are  by  law  to  be  appointed  within  that  Town. 

June  6,  1793. 


Resolves,  1793.  —  May  Session.  527 


Chapter  8. 

RESOLVE    ON   THE    PETITION    OF   ELIJAH  BRIGHAM,  IN  BEHALF 
OF  THE  TOWN  OF  WESTBOROUGH. 

On  the  petition  of  Elijah  Brigham  in  behalf  of  the  Town 
of  Westborough,  praying  that  a  mistake  of  the  courts 
Committee  on  Accounts  at  the  last  session  of  the  General 
Court  on  Roll  No.  2f),  may  be  rectified,  where  the  Sum 
of  Eleven  Pounds  Nineteen  Shillings  and  two  pence, 
which  was  allowed  by  said  Committee  to  the  Town  of 
Westborough  for  the  support  of  John  Scudmore,  was  on 
Said  Roll  placed  to  the  Credit  of  the  Town  of  Westown. 

Resolved  for  Reasons  set  forth  in  said  Petition  that  the 
prayer  thereof  be  Granted  and  that  the  Treasurer  of  this 
Commonwealth  be  and  hereby  is  directed  to  pay  the  afore- 
said sum  of  Eleven  Pounds  Nineteen  Shilling's  and  two 
pence  to  the  Town  of  Westborough  &  expunge  on  said 
Roll,  Westown,  and  insert  Westborough  —  any  Law  or 
Resolve  to  the  Contrary  notwithstanding,     June  6,  1793. 

Chapter  9. 

RESOLVE   ON  THE   PETITION  OF  SAMUEL  FALES. 

On  the  Petition  of  Samuel  Fales  Esqr.  Collector  of 
Excise  for  the  County  of  Bristol  praying  the  Treasurer 
of  this  Commonwealth  may  l)e  authorized  to  credit  him 
in  the  Settlement  of  his  Account  for  the  Sum  of  Thirty 
four  pounds  three  Shillings  &  ten  pence  being  a  part  of 
One  hundred  &  fifty  pounds  stolen  from  his  Office  in  the 
year  of  Our  Lord  One  thousand  seven  hundred  &  eighty 
five  &  which  never  has  been  recovered  —  &  the  further 
Sum  of  Nine  pounds  ten  shillings  &  six  pence  by  him  ex- 
pended in  apprehending  the  Convict. 

Resolved  that  the  aforsaid  Sums  Amounting  to  forty 
three  pounds  fourteen  shillings  &  two  pence  be  allowed 
to  said  Saml.  Fales  Esqr.  &  the  Treasurer  is  hereby  au- 
thorized &  directed  to  place  the  same  to  the  Credit  of  his 
account.  June  6,  1793. 

Chapter  10. 

RESOLVE  FOR  CHOOSING  AN  ADDITIONAL  NOTARY  PUBLIC  FOR 
THE  TOWN  OF  PLYMOUTH, 

Resolved,  That  for  the  better  accommodation  of  the 
Town  of  Plymouth  and  its  Vicinity,  there  be  chosen  in 


528  Resolves,  1793.  —  May  Session. 

the  present  Session  an  additional  Notary-Public  for  the 
County  of  Plymouth  to  be  resident  in  said  Town. 

June  6,  1793. 


Chapter  11. 

RESOLVE  ON  THE  PETITION  OF  ABIJAH  FROST, 

On  the  Petition  of  Abijah  Frost,  a  Soldier  in  the  last 
French  war,  who,  at  the  Reduction  of  Canada  in  the  year 
1760,  lost  his  right  arm,  and  has  since  that  time  received 
a  pension  of  only  Twelve  pounds  ten  shillings  per  annum 
for  his  support,  praying  for  an  additional  allowance. 

Resolved  that  the  Said  Abijah  Frost  be  allowed  and 
paid  out  of  the  Treasurey  of  this  Commonwealth,  Five 
pounds  ten  Shillings,  in  addition  to  the  above  Sum  of 
Twelve  pound  ten  Shillings,  annually,  commencing  the 
fifth  day  of  April  AD  1792,  until  1  the  further  order  of 
the  general  Court,  and  the  governor  with  advice  of  Coun- 
cil, is  hereby  requested  to  Issue  his  warrant  on  the  Treas- 
urer for  the  payment  of  the  Same.  June  7,  1793. 

Chapter  13. 

RESOLVE   ON  THE  PETITION  OF  JOEL  DICKINSON. 

On  the  Petition  of  Joel  Dickinson,  praying,  for  reasons 
set  forth  in  his  petition,  that  the  balance  of  two  Taxes 
commited  to  him  to  collect  for  the  Year  1780,  amounting 
to  upwards  of  five  thousand  pounds  in  old  Continental 
Bills,  may  be  remited  to  him,  or  that  he  may  be  permited 
to  pay  the  same  in  specie  at  the  present  vahie  of  the  said 
Bills. 

Resolved,  that  the  prayer  of  his  petition  be  so  far 
granted,  that  the  Treasurer  be,  and  he  is  hereby  author- 
ized and  directed  to  discharge  the  said  Joel  from  the  bal- 
ance of  the  said  Taxes,  Provided  he  shall  pay  into  the 
Treasury,  in  specie,  by  the  first  day  of  February  next, 
the  balance  aforesaid,  at  the  rate  of  one  in  specie,  for  one 
hundred  in  the  said  Bills.  June  7,  1793. 

Chapter  13. 

RESOLVE  ON  THE  PETITION  OF  BENJAMIN  SMITH,  SHERIFF  OF 
THE  COUNTY  OF  DUKES  COUNTY,  ALLOWING  HIM  £.2  114  FOR 
HIS  ATTENDANCE,  AND  £.9  0  8  FOR  THE  WITNESSES. 

On  the  petition  of  Benjamin  Smith  Sheriff  of  the  County 
of  Dukes  County  in   behalf  of  himself  and  twenty  four 


Eesolves,  1793.  —  May  Session^.  529 

witnesses  who  attended  the  Hon.  Solomon  Freeman  & 
Walter  Spooner  Esqrs.  a  Committee  appointed  by  the 
General  Court  to  take  depositions  in  the  behalf  of  the 
Commonwealth. 

Resolved  that  there  be  alowed  &  paid  out  of  the  Treas- 
ury of  the  Commonwealth  to  the  sd.  Benja.  Smith  two 
pounds  Eleven  Shillings  &  four  pence  for  his  attendance 
and  Services  &  nine  pounds  &  eight  pence  for  the  sd. 
Witnesses  he  the  sd.  Smith  to  be  accountable  to  each  the 
Said  Witnesses  for  their  travel  &  attendance  for  the  pur- 
pose aforesaid.  June  6,  1793. 

Chapter  14. 

RESOLVE    ON    THE    PETITION    OF  SAMUEL   FOSTER,    ALLOWING 
HIM   ADDITIONAL   PAY. 

On  the  petition  of  Samuel  Foster,  praying  that  a  fur- 
ther Allowence  may  be  made  him  for  Sundry  Services 
perform'd  by  him  in  the  Treasurer's  Office. 

Whereas  it  appears  that  the  said  Samuel  Foster,  by  his 
steady  and  faithfull  attention,  was  very  serviceable  to  the 
public  in  Expediteing  the  bussiness  in  the  Treasurer's 
Office  and  that  the  Compensation  he  has  received  was  not 
adequate  to  the  Services  by  him  performed  : 

Resolved  that  there  be  Allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  the  said  Samuel  Fos- 
ter, one  Shilling  ^  day  in  addition  to  the  pay  he  has 
already  received,  from  the  tenth  day  of  June  1787  to  the 
tenth  of  June  1792,  Amounting  to  the  Sum  of  Seventy 
five  pounds.  June  7,  1793. 

Chapter  15. 

RESOLVE   ON  THE  PETITION   OF  JACOB  WILDS. 

On  the  petition  of  Jacob  Wilds,  stating  that  he,  and 
Thomas  Wiswall,  purchased  of  Government,  some  years 
ago,  a  tract  of  land  in  the  County  of  York,  containing  one 
hundred  and  eight  Acres  and  a  half,  part  of  the  confis- 
cated Estate  of  Sr.  William  Pepperell,  with  warranty; 
that,  having  purchased  said  Wiswalls  part,  he  sold  the 
whole  to  Thomas  Perkins  with  warranty ;  that  said  Per- 
kins has  sued  the  sd.  Wilds,  in  an  action  of  Covenant 
broken,  to  the  Court  of  Common  pleas  to  be  holden  at 
Waterborough  in  the  County  of  York  on  the  fourth  Tues- 
day of  August  next,  suggesting  that  the  premises  were 


530  Eesolves,  1793.  —  Mat  Session. 

under  an  incumbrance  at  the  time  when  the  same  were 
sold  by  Government ;  and  praying  for  the  interposition 
of  the  legislature. 

Resolved  that  the  Attorney  General  be  and  he  hereby 
is  directed  to  enquire  into  the  premises,  and  whether  there 
was  any  incumbranc[e],  and  of  what  nature,  upon  the 
premises,  when  sold  by  Government ;  &  (if  any)  whether 
the  same  can  be  removed  and  in  what  manner  so  as  to 
secure  the  title  of  the  land  to  the  said  Perkins ;  and  to 
make  report  to  the  General  Court  at  their  next  sessions. 

And  the  said  Attorney  General  is  further  directed  by 
himself,  or  such  other  person  as  he  shall  think  proper  to 
appoint,  to  defend  said  Action  at  law,  at  the  expence  of 
the  Common  wealth,  to  final  Judgment.      June  7,  1793. 

Chapter  16. 

RESOLVE    ON    THE   PETITION   OF   THE   SELECTMEN    OF   BRUNS- 
WICK. 

On  the  Petition  of  the  Select  Men  of  Brunswick. 

Resolved  for  reasons  set  forth  in  ye  sd.  Petition,  that 
the  prayer  thereof  be  granted,  and  that  there  be  paid  & 
allow'd  by  the  Treasurer  of  the  Commonwealth  to  the 
Selectmen  of  Brunswick,  the  Sum  of  One  Pound  Eighteen 
Shillings,  being  the  amount  according  to  the  Scale  of  de- 
preciation of  the  anexed  accots.  for  the  Taxes  which  the 
Land  was  sold  to  discharge,  and  the  further  sum  of  four 
pounds  six  shillings  &  seven  pence,  for  silver  money  paid 
to  Gatchell  for  Taxes  he  paid ;  making  together  Six 
pounds  four  shillings  &  seven  pence,  and  also  a  further 
sum  of  Five  pounds  eight  shillings  being  the  sum  the 
selectmen  paid  for  John  Mahana  making  in  the  whole 
Eleven  pounds  twelve  shillings  and  seven  pence. 

June  7,  1793. 

Chapter  17. 

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  General  Sessions  of  the 
Peace  for  the  said  County  has  laid  before  the  General 


Resolves,  1793.  —  May  Session.  531 

Court  an  estimate  made  by  the  said  Court  of  General  Ses- 
sions of  the  Peace  of  the  necessary  charges,  likely  to  arise 
within  the  said  County,  the  current  year  amounting  to 
Four  hundred  pounds  : 

Resolved  that  the  Sum  of  three  hundred  pounds  be  and 
hereby  is  granted  as  a  tax  for  said  County  of  Plymouth, 
to  be  apportioned  assessed,  collected  and  applied  in  man- 
ner agreeable  to  Law.  June  8,  1793. 

Chapter  18. 

RESOLVE   ON  THE   PETITION  OF  MATHEW  MAYHEW. 

On  the  petition  of  Mathew  Mayhew  Guardian  to  Abel 
Abel  Indian  praying  for  liberty  to  sell  real  Estate. 

Resolved  that  the  said  Mathew  Mayhew  be  and  he 
hereby  is  Authorized  and  impowered  to  sell  at  publick 
Auction  so  much  of  said  Abels  real  Estate  as  shall  dis- 
charge said  Abels  debts  &  that  the  said  Mathew  Mayhew 
shall  observe  all  the  rules  &  regulation [.s]  Prescribed  by 
Law  to  be  observed  by  Executors  —  Administrators  & 
Guardians  in  the  sail  of  said  Estate  and  he  is  hereby 
ordered  to  render  an  Account  of  his  proceedings  herein 
to  the  Judge  of  Probate  in  Dukes  County  who  is  Author- 
ized to  make  him  reasonable  Allowance  for  his  Services. 

June  11,  1793. 

Chapter  19. 

RESOLVE  ON  THE  PETITION  OF  CAPT.  PETER  PORTER. 

On  the  petition  of  Peter  Porter  praying  for  an  Allow- 
ance for  himself  and  others  for  Services  performed  in  the 
Western  Army  in  the  Year  1778. 

Resolved  that  the  Honourable  the  Council  are  hereby 
empower'd,  to  Examine  the  pay  Roll,  exibited  by  the 
said  Peter  Porter,  and  make  such  Allowance  to  the  Offi- 
cers and  Soldiers  borne  thereon,  as  Shall  appear  to  be 
justly  due  to  them,  for  the  months  of  September  &  Octo- 
ber 1778  in  the  same  way  and  manner  that  the  pay  Roll 
of  Capt.  Daniel  Pomroys  Company  was  settled  which  was 
Employ'd  in  the  same  service  and  at  the  same  time  ;  And 
his  Excellency  the  Govenour  is  requested  to  Isue  his 
Warrant  on  the  Treasurer  for  the  same. 

June  11,  1793. 


532  Resolves,  1793.  —  May  Session. 

Chapter  19a.* 

ORDER  ON  THE   PETITION  OF  SAMUEL  THURSTON. 

On  the  petition  of  Saml.  Thurston, 

Ordered  —  That  the  Petitioner  notify  the  Town  of  Lan- 
caster by  leaving  an  attested  Copy  of  his  Petition  with 
this  Order  thereon  with  the  Town  Clerk  of  said  town 
Thirty  Days  at  least  before  the  second  Wednesday  of  the 
next  Session  of  the  General  Court,  then  to  appear  &  Shew 
Cause  if  any  they  have  why  the  prayer  of  the  Petitioner 
should  not  be  granted.  June  12,  1793. 

Chapter  20. 

RESOLVE  ON  THE  PETITION  OF  NATHAN  DANE,  GRANTING  HIM 

£.24  0  1. 

On  the  Petition  of  Nathan  Dane  praying  for  the  allow- 
ance of  a  sum  of  Money  paid  by  him  to  Wm.  Story  junr. 
for  his  assistance  as  a  Clerk  in  examining  &  stating  the 
claims  of  this  Commonwealth  against  the  United  States 
amounting  in  the  whole  to  the  sum  of  twenty  four  pounds 
&  one  penny  according  to  the  Account  annexed  to  the  said 
Petition. 

Resolved,  That  there  be  allowed  &  paid  out  of  the 
Treasury  of  this  Commonwealth  to  the  said  Nathan  Dane 
the  sum  of  twenty  four  pounds  and  one  penny  in  full  of 
the  said  Account.  June  13,  1793. 

Chapter  31. 

RESOLVE   ON  THE  PETITION  OF  JOHN  COOPER,  ESQ. 

On  the  Petition  of  John  Cooper  Adjutant  of  the  1st 
Eegt.  in  the  2d.  Brigade  &  Eig[A]th  Division  of  the 
Militia  of  this  Commonwealth. 

Resolved  for  reasons  set  forth  in  said  Petition,  That  the 
prayer  thereof  be  so  far  granted,  that  the  petitioner  have 
leave  to  lay  his  Acct.  before  the  Committee  on  Accts.  for 
Examination  &  allowance  who  are  hereby  authorized  to 
allow  so  much  thereof  as  shall  appear  to  them  to  be  rea- 
sonable &  just,  it  being  for  services  performed  previous 
to  1792,  notwithstanding.  June  13,  1793. 

*  Not  printed  in  previous  editions. 


Resolves,  1793.  —  May  Session.  533 


Chapter  32. 

RESOLVE    RESPECTING    THE    PAYMENT    OF    UNCLAIMED    BAL- 
ANCES DUE  TO  DECEASED  OFFICERS  AND  SOLDIERS,  &c. 

Whereas  sundry  balances  for  pay  and  depreciation  of 
pay  have  been  made  up  and  in  the  army  books  at  the 
Treasury  passed  to  the  credit  of  officers  and  Soldiers  of 
this  State's  line  of  the  late  Continental  army  many  of 
whom  are  deceased  —  and  it  appears  that  many  frauds 
have  been  practised  in  purchasing  and  obtaining  payment 
of  these  balances  and  especially  those  belonging  to  the 
Kepresentatives  of  deceased  officers  &  soldiers  :  There- 
fore 

Resolved  that  no  balance  so  made  up  or  any  part 
thereof  and  passed  to  the  credit  of  any  deceased  officer 
or  soldier  shall  hereafter  be  paid  to  any  person  until  he 
shall  produce  to  the  General  Court  the  last  will  and  testa- 
ment of  the  officer  or  soldier  whose  balance  shall  be 
claimed  duly  proved  ;  or  a  letter  of  administration  granted 
according  to  law  with  a  certificate  from  the  Judge  of  pro- 
bate that  the  officer  or  soldier  deceased  intestate  hath  left 
legal  representatives  or  bona  fide  creditors  entitled  to  re- 
ceive the  same  balance  by  the  laws  of  this  State  —  and  no 
assignment  of,  or  power  to  receive  any  such  balance  shall 
be  considered  to  make  the  claimant  a  creditor  entitled  to 
administration  by  the  laws  of  this  State,  but  the  Assignee 
or  Attorney  may  be  considered  as  a  Creditor  in  the  dis- 
tribution of  the  Estate  to  the  amount  of  the  sum  or  con- 
sideration given  or  paid  by  him  on  account  of  the  same, 
and  the  Secretary  is  directed  to  transmit  a  Copy  of  this 
Resolve,  to  the  several  Judges  of  Probate  within  this 
Commonwealth.  June  14,  1793. 

Chapter  23. 

RESOLVE   ON  THE  PETITION  OF  RUBEN  BR0^VN  AND  STEPHEN 

BARRETT. 

On  the  Petition  of  Ruben  Brown  and  Stephen  Barrett 
both  of  Concord  in  the  County  of  Middlesex  setting  forth 
that  they  were  Bail  for  one  William  Baker  who  was  under 
Indictment  for  a  fraud  before  the  Supreme  Judicial  Court 
holden  at  Concord  in  said  County  in  April  last. 

Resolved  that  the  prayer  thereof  be  so  far  Granted  that 
they  have  leave  to  produce  the  Body  of  the  said  William 


534:  Resolves,  1793.  —  May  Session. 

Baker  in  discharge  of  said  Recoo:nizance  at  the  next  Su- 
preme  Judicial  Court  to  be  holden  in  said  County  they 
paying  all  such  legal  costs  as  shall  have  arisen  since  the 
forfeiture  of  the  same  and  in  the  mean  Time  no  writ  of 
scire  facias  shall  Issue  against  the  said  Brown  &  Barrett. 

June  14,  1793. 

Chapter  24. 

RESOLVE  ON  THE  PETITION  OF  JONATHAN  BRUCE. 

On  the  Petition  of  Jonathan  Bruce  and  others  praying 
for  relief  relative  to  the  Settlement  of  the  Accounts  of 
Caleb  Molton,  Administrator  de  bonis  non,  with  the  Will 
annexed,  of  the  Estate  of  Joseph  Beal  late  of  East- Sud- 
bury in  the  County  of  Middlesex  Deceas'd,  which  have 
been  Settled  by  the  Jud[(/]e  of  Probate  of  the  County  of 
Middlesex  for  reasons  set  forth  in  the  Said  Petition. 

Resolved,  that  the  Judge  of  Probate  for  the  County  of 
Middlesex,  be,  and  he  hereby  is  impowered,  to  Ee-exam- 
ine  the  several  Administration  Accounts  of  the  said  Caleb 
Molton,  against  the  Estate  of  the  said  Joseph  Beal,  which 
have  been  Settled  in  the  Probate  Court  of  the  Said  County, 
first  giving  Notice  to  the  Petitioners  &  the  Said  Molton 
of  the  time  &  place  of  such  Re-examination  ;  and  the  same 
Proceedings  may  be  had  thereon,  as  though  the  said  Ac- 
counts had  not  been  Previously  Examined  &  allowed. 

June  14,  1793. 

Chapter  35. 

RESOLVE   ON  THE   PETITION  OF  WILLIAM  HEATH,  JUN. 

On  the  Petition  of  William  Heath  Jr.  and  others,  the 
Said  William  Administrator  de  bonis  ]Sfon  On  the  estate 
of  Joshua  Spooner  late  of  Brookiield  deceased. 

Resolved  for  reasons  set  forth  in  Said  petition  that  the 
said  William  in  his  Said  Capacity  be  and  he  hereby  is  im- 
powered to  sell  at  public  Vendue  all  the  real  Estate  within 
the  Towne  of  Middleborough  in  the  County  of  Plymouth 
of  which  the  said  Joshua  Spooner  died  Seized,  and  to 
make  and  execute  a  Deed  or  Deeds  thereof  to  the  Pur- 
chesor  or  Purchesers  which  Deed  or  Deeds  Shall  be  Good 
and  sufficient  in  Law  to  Convey  the  Same  in  Fee.  Pro- 
vided however  that  previous  to  such  Sale  or  Sales  the  Said 
Administrator,  Shall  take  the  Oath  by  Law  provided,  and 


Resolves,  1793.  —  May  Session.  535 

give  Security  in  manner  as  the  Law  requires  in  Case  of 
Sales  of  real  Estate  by  Executors  and  Administrators,  and 
Shall  also  Notify  the  intended  Sale  of  the  said  Real  Estate 
to  be  Sold  as  aforesaid  by  advertiseing  the  Same,  in  the 
Boston  Independent  Chronicle,  for  three  weeks  Succes- 
sively, and  posting  up  Notifications,  in  two  or  more  pub- 
lic Places  within  the  Town  of  Middleborough  aforesaid,  at 
least  thirty  days  before  the  Time  of  Sale. 

June  14,  1793. 

Chapter  36. 

PLAN  AND  CONFIRMATION  OF  TWO    TOWNSHIPS    GRANTED    TO 
PORTLAND  SUFFERERS. 

Whereas  Enoch  llsley  and  others  have  caused  two 
townships  of  land  a  plan  whereof  is  hereto  annexd  to  be 
laid  out  in  satisfaction  of  a  grant  made  to  them  and  other 
sufferers  by  the  burning  of  Falmouth  now  Portland  in  the 
County  of  Cumberland  by  the  P]nemy  in  the  year  1775  by 
a  resolve  of  the  General  Court  passed  March  9th  1791. 
and  whereas  a  Comittee  appointed  by  the  Major  part  of 
said  Sufferers  &  sworn  agreeable  to  said  Resolve  have 
apportioned  the  lands  contained  in  said  two  townships 
among  said  sufferers  as  by  their  report  under  their  hands 
&  seals  hereto  also  annexed  :  Therefore 

Resolved  that  said  Plan  and  reports  be  accepted  and 
lodged  in  the  Secretary's  office,  and  that  the  said  two 
townships  as  described  in  said  plan  &  Report,  with  the 
reservations  and  under  the  Conditions  mentioned  in  said 
Resolve  except  the  settlers  lots  thereon  laid  down  be  and 
they  hereby  are  confirmed  to  the  several  persons  named 
in  said  Report  in  fee  in  the  several  shares  &  proportions 
therein  mentioned.  And  that  The  said  Proprietors  of 
said  townships  be  and  they  hereby  are  authorised  at  any 
proprietors  meeting  or  Meetings  called  and  holden  agree- 
able to  law,  by  vote  or  votes  to  manage  settle  divide,  or 
grant  sell  &  convey  said  townships  or  either  of  them  in 
fee  with  the  Reservations  and  under  the  Conditions 
aforesd.  &  except  as  aforesd.  or  they  may  at  any  such 
Meeting  authorise  &  impower  any  Committee  to  sell  & 
convey  said  townships  or  either  of  them  under  the  reserva- 
tions &  Conditions,  &  with  the  exceptions  aforesd.  if  they 
judge  it  for  their  Interest  so  to  do  ;  and  to  make  execute 
&  acknowledge  any  proper  deed  or  deeds  for  conveyance 


136  Resolves,  1793.  —  May  Session. 

thereof  in  fee  ;  and  the  neat  proceeds  of  such  sale  or  sales, 
after  all  reasonable  expences,  and  demands  upon  said  pro- 
prietors are  first  paid  &  deducted  shall  be  divided  &  })aid 
to  &  among  them  according  to  their  several  &  respective 
shares  and  Interest  therein,  as  aforesaid.  Further  resolved 
that  said  Proprietors  or  their  Assigns  shall  have  five 
years  allowed  them  from  this  time  to  settle  Families  in 
said  Townships  agreeable  to  said  Resolve  any  thing 
therein  to  the  Contrary  Notwithstanding. 

June  17,  1793. 

Chapter  27. 

RESOLVE   ON  PETITION  OF  THE  TOWN   OF  DARTMOUTH. 

On  the  petition  of  the  town  of  Dartmouth.  Resolved 
for  reasons  therein  set  forth  that  the  prayer  thereof  be  so 
far  granted,  that  the  treasurer  of  this  Commonwealth  be 
and  he  hereby  is  directed  to  delay  issuing  his  execution 
against  the  town  of  Dartmouth  for  any  deficiency  of  taxes 
which  have  been  committed  to  Christopher  Almy  or 
Benjn.  Howland  to  collect  untill  the  expiration  of  two 
years  from  the  passing  of  this  resolve.      June  18,  1793. 


Chapter  28. 

RESOLVE  EMPOW^ERING  THE  SECRETARY  AND  THE  CLERKS  OF 
BOTH  HOUSES  TO  CONTRACT  FOR  THE  PRINTING  BUSINESS 
FOR  THE  YEAR  ENSUING. 

Resolved  that  John  Avery  Jun.  Samuel  Cooper  &  Henry 
Warren  Esqrs.  be  &  hereby  are  appointed  with  full  power 
and  authority  to  contract  for  the  printing  business  of  this 
Commonwealth  the  year  ensuing,  not  to  exceed  the  terms 
given  the  last  year.  June  18,  1793. 


Chapter  29. 

RESOLVE  ON  THE  PETITION  OF  DR.  ELIPHALET  DOWNER. 

On  the  Petition  of  Eliphalet  Downer,  praying  that  the 
Legislature  would  interpose  in  his  Favor,  that  he  might 
be  compensated  for  his  sufferings  and  services  in  the  late 
war  with  Great  Britain. 

Resolved,  that  the  Said  Eliphalet  Downer  ought  to  have 
been  compensated  and  provided  for,  in  the  Same  manner, 


Kesolves,  1793.  —  May  Session.        '  537 

in  which,  Other  Persons,  of  the  same  rank,  in  the  Service 
of  the  united  States,  were,  compensated  and  provided  for 
by  Government ;  that  he  ought  to  have  been  placed  on 
the  Pensioner's  List ;  and  that  his  not  being  so  placed, 
was  Occasioned  by  Incidents,  which  he  could  not  prevent, 
and  not  by  his  Fault,  or  Neglect ;  but  that  it  is  not  within 
the  Department  of  this  Government,  but  within  the  proper 
Jurisdiction  of  the  Congress  of  the  united  States,  to  Grant 
Relief,  in  such  Case  as  is  Stated  and  Set  forth  in  the  Peti- 
tion. June  18,  1793. 


Chapter  30. 

RESOLVE  ON  THE  PETITION  OF  THE  TOWN  OF  TISBURY. 

On  the  Petition  of  the  Town  of  Tisbury  and  in  consid- 
eration of  their  Sufferings  in  the  late  War  Especially  by 
the  descent  of  [of]  the  Enemyupon  the  Island  of  Marthas 
Vineyard  in  Dukes  County  in  the  year  of  our  Lord  1777 
by  which  great  losses  were  Sustained  by  the  Inhabitants 
in  particular  the  loss  of  about  Eleven  Thousand  Sheep 
and  three  hundred  head  of  Horned  Cattle  in  which  the 
Town  of  Tisbury  were  one  third  the  Sufferers. 

Resolved  that  the  Sum  of  thirty  nine  pounds  fifteen 
Shillings  and  ten  pence  being  the  ballance  unpaid  of  a 
Tax  of  seven  hundred  and  fourteen  pounds  sixteen  Shil- 
lings &  three  pence  assesed  upon  that  Town  in  the  year 
1777  Shall  be,  and  hereby  is  Remitted  and  Abated  to  Said 
Town,  and  the  Treasurer  is  to  credit  and  discharge  the 
Said  Town  accordingly.  Jane  19,  1793. 

Chapter  31. 

RESOLVE  ON  THE  PETITION  OF  LUKE  BEMIS  AND  ISAAC  BEMIS. 

On  the  Petition  of  Luke  Bemis  and  Isaac  Bemis,  repre- 
senting their  great  sufferings  in  the  loss  of  their  Stock  and 
Paper  Mills  by  Fire,  and  in  consideration  of  the  Public 
advantages  to  be  derived  from  the  encouragement  of  the 
Manufacture  of  Paper  within  this  Commonwealth. 

Resolved.  That  there  be  loaned  from  the  Treasury  of 
this  Commonwealth  the  sum  of  One  thousand  pounds  to 
the  said  Luke  Bemis  and  Isaac  Bemis,  upon  their  Bond 
with  good  and  sufficient  collateral  security  to  this  Com- 
monwealth for  the  repayment  of  the  same  sum  at  the  end 


538  Resolves,  1793.  —  May  Session. 

of  five  years ;  and  also  to  be  conditioned  that  the  said 
Luke  and  Isaac  shall  rebuild  or  cause  to  be  rebuilt  within 
two  years  from  the  making  of  such  loan,  suitable  Paper- 
Mills  of  at  least  equal  site  and  extent  of  the  Mills  lately 
destroyed  by  fire,  and  by  themselves  or  their  Assigns 
shall  prosecute  the  manufacture  of  Paper  therein. 

June  19,  1793. 


Chapter  33. 

RESOLVE  ON  THE  PETITION  OF  BENJAMIN  SHEPARD. 

On  the  Petition  of  Benjamin  Shepard  praying  for  the 
Aid  of  Government  in  Order  to  Assist  him  in  carrying 
on  the  Manufacture  of  Cotton  Goods,  in  the  Town  of 
Wrentham. 

Resolved  for  reasons  set  forth  in  his  Petition  that  he 
receive  out  of  the  public  Treasury,  on  Loan,  the  sum  of 
three  hundred  pounds.  He  giving  Bonds  to  the  Treasurer 
of  this  Commonwealth  with  good  &  suiEcient  sureties, 
that  the  same  be  applied  to  ye  purpose  as  above  express'd 
&  no  other,  and  also  that  the  same  be  replaced  in  three 
difierent  Installments,  without  Interest  —  The  first  Pay- 
ment of  one  hundred  pounds  to  be  made  in  three  years 
from  the  Time  he  receives  the  money,  and  the  same  sum 
be  paid  annually  after  till  the  Avhole  be  discharged. 

June  20,  1793. 

Chapter  33a.* 

ORDER  ON  THE  PETITION  OF  JUSTIN  ELY,  ESQR. 

On  the  petition  of  Justin  Ely  esqr.  in  behalf  of  the 
inhabitants  of  West  Springfield. 

Ordered  that  the  petitioners  notify  the  inhabitants  of 
the  town  of  Springfield  by  serving  the  Clerk  thereof  with 
an  attested  copy  of  the  said  petition,  &  this  order  thereon, 
at  least  thirty  days  before  the  second  Wednesda}'^  of  the 
next  sitting  of  the  General  Court,  that  they  may  appear, 
on  the  said  day,  and  shew  cause,  if  any  they  have,  why 
the  prayer  of  the  said  petition  should  not  be  granted. 

June  20,  1793. 

*  Not  pripted  in  previous  editions.    Taken  from  court  record. 


Resolves,  1793.  —  May  Session.  539 


Chapter  33. 

RESOLVE  GRANTING  THE  LIEUTENANT  GOVERNOR,  SECRETARY 
AND  TREASURER  PAY  FOR  SERVICES  TO  THE  1st  JUNE,  1794, 

Resolved  that  for  one  year  from  the  last  Wednesday  of 
May  last,  the  sum  of  one  hundred  and  sixty  pounds,  shall 
be  the  pay  of  the  Lieutenant  Governor  and  a  proportion- 
able sum  for  a  less  time  in  full  for  his  services  as  Lieuten- 
ant Governor,  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 
Treasury  of  this  Commonwealth  to  John  Avery  jun.  Esqr. 
Secretary  of  this  Commonwealth  the  sum  of  two  hun- 
dred and  four  pounds  ten  shillings  &  eight  pence  which 
with  one  hundred  &  twenty  pounds  nine  shillings  and 
four  pence  he  has  received  in  fees  to  the  31st  of  May  last 
shall  be  in  full  for  his  services  as  Secretary  aforesaid  from 
the  first  day  of  June  1793  to  the  first  day  of  June  1794 
and  is  at  the  rate  of  Three  hundred  and  twenty  five 
pounds  per  annum  to  be  paid  in  quarterly  payments  as 
the  same  shall  become  due. 

Resolved  that  from  the  first  day  of  June  current  there 
be  allowed  and  paid  out  of  the  public  Treasury  the  sum 
of  three  hundred  and  fifty  pounds  for  the  pay  of  the 
Treasurer  for  one  year  and  a  ])roportionable  sum  for  a 
less  time  in  full  for  his  services  as  Treasurer,  the  present 
year,  to  be  paid  in  quarterly  payments  as  the  same  shall 
become  due.  June  20,  1793. 

Chapter  33a.* 

ORDER  ON  THE  PETITION  OF  JOHN  GARDNER  AND  OTHERS. 

On  the  petition  of  John  Gardner  of  the  west  Parish 
in  the  town  of  Pownalboro',  and  of  James  Lithgow  & 
Ann  his  wife  of  the  same  place  })raying  to  be  set  olf  with 
their  estates  from  the  said  West  parish,  and  annexed  to 
the  Episcopal  Church  in  Pittston,  which  was  lately  incor- 
porated by  the  name  of  the  Episcopalian  Church  in  Pitts- 
ton,  for  the  purposes  of  religious  worship. 

Ordered  that  the  petitioners  notify  the  inhabitants  of 
the  west  parish  in  the  town  of  Pownalboro',  by  leaving 
an  attested  copy  of  their  said  petition,  and  of  this  order 

*  Not  printed  in  previous  editions.    Taken  from  the  court  record. 


540  Resolves,  1793.  —  May  Session. 

thereon,  with  the  parish  Clerk  of  the  said  west  parish 
sixty  days  before  the  third  Wednesday  of  the  next  ses- 
sion of  the  General  Court,  that  the  inhabitants  of  the 
same  parish  may  then  appear  and  shew  cause  if  any  they 
have,  why  the  prayer  of  said  petition  should  not  be 
granted.  Jxme  20,  1793. 

Chapter  34. 

RESOLVE   ON  THE  PETITION  OF  EBENEZER  STORER. 

On  the  Petition  of  Ebenezer  Storer,  Praying  for  a  fur- 
ther Compensation  for  his  Services  as  a  Pay  Master  for 
the  Second  and  twelfth  Regiments  of  the  late  Continental 
Army. 

Resolved  for  Reasons  Set  forth  in  Said  Petition  that 
there  be  allowed  and  paid  out  of  the  Treasury  of  this 
Commonwealth  to  the  Said  Ebenezer  Storer  the  Sum  of 
Eighty  Pounds  Lawful  Money  which  with  the  Sum  of  one 
hundred  and  twenty  Pounds  heretofore  Received  by  the 
Said  Petitioner  shall  be  considered  as  a  full  Compensation 
for  his  Service.  June  21,  1793. 

Chapter  35. 

RESOLVE  DIRECTING  THE  TREASURER  TO  OMIT,  UNTIL  THE 
NEXT  SITTING  OF  THE  GENERAL  COURT,  SENDING  HIS  EX- 
ECUTIONS AGAINST  THE  INHABITANTS  OF  THE  TOWN  OF 
WESTFIELD. 

Resolved  that  the  Tre[a]surer  of  this  Commonwealth  be 
&  he  is  hereby  directed  to  Omit,  (until  the  Next  Session 
of  the  Genl.  Court)  Sending  any  Execution  Against  the 
Inhabitants  of  the  Town  of  Westtield  for  the  Taxes  in 
which  Reuben  Williams  Collector  of  Taxes  in  sd.  Town 
for  the  year  1780,  is  dificient.  June  21,  1793. 

Chapter  36. 

RESOLVE  GRANTING  A  TAX  TO  THE  COUNTY  OF  BERKSHIRE. 

Whereas  it  appears  by  the  Representation  of  the  Court 
of  General  Sessions  of  the  Peace  for  the  County  of  Berk- 
shire made  on  the  third  Tuesday  of  April  Anno  Domini 
1793,  that  the  sum  of  Eight  hundred  pounds  is  necessary 
for  discharging  the  debts  and  defraying  the  charges  of  the 
said  County  the  current  year  :  Therefore, 

Resolved,  that  there  be  and  hereby  is  granted  a  Tax  of 
Eight  hundred  pounds  to  be  apportioned  and  assessed  on 


Resolves,  1793.  —  May  Session.  541 

the  Polls  and  Estates  lying  and  being  within  the  said 
County,  which  shall  be  applied  as  follows,  viz.  Six 
hundred  Eighty  one  pounds  fifteen  shillings  and  three 
pence  thereof,  for  the  purpose  of  discharging  the  debts 
due  from  the  said  County ;  and  the  remaining  sum  of  One 
hundred  and  Eighteen  pounds  four  shillings  and  nine 
pence,  for  the  use  of  said  County,  according  to  the  Laws 
of  this  Commonwealth,  to  defray  the  necessary  charges 
thereof  the  current  Year.  June  21,  1793. 

Chapter  37. 

RESOLVE   ON  THE   PETITION   OF  SAMUEL  FREEMAN,  ESQ. 

Whereas  it  appears  to  this  Court  by  the  Petition  of 
Samuel  Freeman  and  others  that  a  Resolve  of  the  Gen- 
eral Court  pass'd  the  21st  day  of  June  A  D  1785  con- 
firming the  original  Grants  of  the  Townships  No.  One- 
Four-Five  and  SixV  East  of  Union  River  in  the  Counties 
of  Hancock  and  Washington,  on  certain  conditions  therein 
mentioned,  is  found  ineffectual  for  the  purposes  for  which 
it  was  intended : 

Therefore  Resolved  That  the  said  Resolve  of  the  21st 
June  1785  so  far  as  it  respect[sj  the  said  Townships  No. 
Four  Five  and  Six  be  and  it  is  hereby  declared  null  and 
void. 

And  be  it  further  Resolved,  That  the  said  Townships 
No.  Four  Five  and  Six  be  sold  under  the  direction  of  the 
Committee  for  the  Sale  of  Eastern  Lands  for  the  Benefit 
of  the  Commonwealth  and  of  the  Proprietors  of  said 
Townships  respectively  —  the  proceeds  of  said  Sale  to  be 
divided  as  follows,  viz.  One  Third  part  thereof  shall  be 
applied  to  the  Use  of  the  Commonwealth,  and  two  thirds 
to  the  use  of  the  Proprietors  of  said  Townships  No.  four 
five  and  six  respectively  —  And  the  said  Committee,  with 
such  agent  as  the  said  Proprietors  respectively  at  a  meet- 
ing duly  warned  shall  appoint  for  the  purpose  shall  be 
and  hereby  are  impowered  to  make  and  execute  a  Deed 
or  Deeds  thereof  to  the  purchaser  or  purchasers.  Pro- 
vided nevertheless  that  The  Committee  aforesaid  together 
with  said  Proprietors  respectively,  may  if  they  agree 
thereto  cause  a  Division  of  the  Lands  in  said  Township 
to  be  made  in  such  manner  as  they  shall  see  fit  in  the  pro- 
portion aforesaid  that  is  to  say,  to  set  ofi"  one  third  of  said 
Townships  respectively  to  the  use  and  benefit  of  the  Com- 


542  Besolves,  1793.  —  May  Session. 

monwealth  and  two  thirds  to  the  use  and  benefit  of  the 
Proprietors  of  said  Townships  respectively,  having  respect 
to  quality  and  quantity  —  Provided  also  that  there  shall 
be  allowed  and  assigned  to  Alexander  Campbell  Esqr  in 
Township  No.  four  three  hundred  acres  —  to  Joseph  Wal- 
lis  in  Township  No.  five  three  hundred  acres  —  and  to 
each  of  the  other  Settlers  in  the  said  Townships  No.  four 
five  and  six,  who  settled  thereon  before  the  20th  day  of 
January  one  thousand  seven  hundred  and  eighty  three  his 
Heirs  or  Assimis  a  Lot  of  One  hundred  Acres  of  land 
and  to  every  Settler  of  the  foregoing  description  who  was 
also  a  Proprietor  shall  be  allowed  two  lots  each  of  one 
hundred  acres  and  every  lot  shall  be  laid  out  so  as  to 
include  the  improvements  made  thereon  by  the  Settler  to 
whom  it  shall  be  laid  out  —  the  said  Settlers  severally 
paying  for  the  Benefit  of  Government  —  and  of  the  Pro- 
prietors of  said  Township  respectively  in  the  proportion 
aforesaid,  the  Sum  of  Thirty  shillings  for  each  and  every 
hundred  acres  so  assigned  them  —  and  that  there  shall  also 
be  allowed  and  assigned  to  such  Persons  as  may  have 
settled  in  either  of  said  Townships  since  the  said  20th 
day  of  January  one  thousand  seven  hundred  and  eighty 
three  Lots  of  one  hundred  acres  of  Land  each  —  so  as  to 
include  their  respective  improvements  —  they  severally 
paying  for  the  use  and  benefit  of  the  Commonwealth,  and 
of  the  Proprietors  of  said  Townships  No.  four  five  and  six 
respectively,  in  the  proportion  aforesaid,  the  Sum  of  Three 
Pounds  for  each  and  every  hundred  acres  so  allowed  them 
—  And  where  any  of  the  Lotts  to  be  assigned  to  the 
Settlers  as  aforesaid,  shall  not  include  the  whole  of  the 
Improvements  by  them  made  in  the  upland  of  said  Town- 
ships respectively,  there  shall  be  such  further  quantity  of 
Land  assigned  them,  as  shall  be  sufiicient  to  include  such 
improvements  they  severally  paying  therefor  to  the  use 
of  said  Commonwealth  and  of  said  Proprietors  respec- 
tively the  Sum  of  three  shillings  ^  Acre  for  every  Acre 
that  may  be  assigned  them  over  and  above  the  specified 
quantity  respectively  assigned  them  as  aforesaid  —  And 
provided  also  that  each  of  said  Settlers  shall  have  and 
enjoy  a  share  of  the  marsh  in  the  Townships  where  they 
are  respectively  settled,  in  proportion  to  the  Lands  set  off 
to  them  as  aforesaid. 

And  the  Proprietors   of  said   Townships   respectively 
may  demand  of  the  present  Possessors  of  Lands  settled 


Resolves,  1793.  —  May  Session.  543 

upon  as  aforesaid,  possession  of  such  Lands,  on  their 
refusing  to  pay  the  Sums  required  by  this  Resolve,  as  a 
condition  for  quieting  them  in  such  possessions. 

And  it  is /art her  Resolved  —  That  the  Acts  and  Pro- 
ceedings of  the  Proprietors  of  the  said  Townships  No. 
four  five  and  six  respectively  by  them  heretofore  legally 
made,  shall  be  and  hereby  are  established  and  confirmed, 
provided  the  same  shall  not  counteract  the  intention  of 
this  Resolve.  And  the  said  Proprietors  respectively  may 
continue  to  call  meetings,  &  pass  any  Vote  or  Votes  as 
such  in  the  same  manner  they  might  have  done  if  this 
Resolve  had  not  been  passed  pi^ovided  such  Vote  or  Votes 
shall  not  militate  therewith. 

And  be  it  further  Resolved,  that  the  said  Proprietors 
respectively,  shall  be  holden  to  pay  all  Just  debts  &  sums 
of  Money  from  them  due  &  owing  to  any  person  or  per- 
sons whatsoever,  and  perticularly  shall  pay  to  Sarah  Shaw 
Executrix  of  the  last  Will  &  Testament  of  Francis  Shaw 
Esqr.  Deceased,  the  sum  of  Three  hundred  &  Twenty 
seven  pounds  ten  shillings  &  Six  pence,  within  Eighteen 
Months,  from  the  passing  of  this  Resolve,  with  the  Inter- 
est thereof,  being  their  proportional  part  of  the  expence 
of  a  Survey  of  the  said  Townships  of  No.  one,  four,  five 
&  six  made  by  the  late  Company  of  Gould  &  Shaw. 

June  21,  1793. 


Chapter  38. 

RESOLVE  ESTABLISHING  THE  PAY  OF  THE  COUNCIL,  SENATE 
AND  HOUSE  OF  REPRESENTATIVES,  AND  GRANTING  ADDI- 
TIONAL PAY  TO  THE  PRESIDENT  AND  SPEAKER. 

Resolved  that  there  be  allowed  &  paid  out  of  the  i)ublic 
Treasury  of  this  Commonw^ealth  to  each  member  of  the 
Council,  Senate  &  House  of  Representatives  nine  shil- 
lings per  day  for  each  day's  attendance  the  present  session, 
and  a  like  sum  for  every  ten  miles  travel  from  their  re- 
spective places  of  abode  to  the  place  of  the  sitting  of  the 
General  Court. 

And  it  is  further  Resolved  that  there  be  paid  to  the 
President  of  the  Senate  &  the  Speaker  of  the  House  of 
Representatives  six  shillings  per  day  each,  for  each  day's 
attendance  over  &  above  their  pay  as  members. 

June  21,  1793. 


544  Resolves,  1793.  —  May  Session. 

Chapter  38a.* 

ORDER  ON  THE  PETITION  OF  CHRISTOPHER  COLSON  AND  OTHERS. 

On  the  petition  of  Christopher  Colson  and  others  of 
Hawley  in  tiie  County  of  Hampshire,  praying  to  be  set 
off  from  said  town,  and  annexed  to  the  town  of  Plainfield. 

Ordered  that  the  said  petitioners  notify  the  said  town 
of  Hawley  by  leaving  an  attested  copy  of  their  said  peti- 
tion, and  this  order  thereon,  with  the  Clerk  of  said  town, 
thirty  days  at  least  before  the  second  Thursday  of  the 
next  session  of  the  General  Court,  that  they  may  appear 
on  said  day  and  shew  cause,  if  any  they  have,  why  the 
prayer  of  said  petition  should  not  be  granted. 

June  21,  1793. 

Chapter  39. 

RESOLVE   ON   THE   PETITION  OF  THOMAS   COOK. 

On  the  Petition  of  Thomas  Cook  praying  that  he  may 
be  relieved  from  a  Warrant  of  Distress  issued  against  him 
in  Favor  of  the  Commonwealth. 

Resolved  that  the  Sheriff  of  the  County  of  Dukes- 
County  be,  and  he  hereby  is  ordered  and  directed  to  re- 
ceive of  the  Said  Thomas  Cook,  a  Bond,  in  a  Sufficient 
Sum,  payable  to  the  Treasurer  of  the  Commonwealth, 
conditioned  for  the  Payment  of  the  whole  Sum  due  on 
the  Same  Warrant  within  one  year,  and  on  the  Petition- 
er's delivering  such  Bond  to  the  Sheriff  aforesaid,  ^he,  the 
said  Sheriff  is  impowered  and  directed  to  return  the  same 
Warrant  Satisfied.  And  in  Case  the  Same  Warrant  be 
already  returned  unsatisfied,  the  Attorney  General,  on  the 
Petitioners  Executing  and  delivering  to  him  such  Bond 
as  aforesaid,  is  hereby  impowered  and  directed  in  Behalf 
of  the  Commonwealth,  to  discharge  the  Judgment  whereon 
Said  Warrant  issued  ;  and  the  same  Bond  whether  received 
by  the  said  Sheriff  or  Attorney  General,  shall  be  filed 
by  him  who  shall  so  receive  the  same  in  the  said  Treas- 
urer's Office.  June  21,  1793. 

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


Resolves,  1793.  —  May  Session.  545 


Chapter  40. 

RESOLVE     ON     THE      PETITION     OF     DANIEL     BROWN,     JABEZ 
VAUGHN,    AND    OTHERS. 

Resolved,  that  there  [6e]  allowed  and  paid  out  of  the 
Treasurey  of  this  Commonwealth  to  Daniel  Brown  the 
Sum  of  Seventy  five  Pounds,  Lawful  Money  for  one  hun- 
dred and  twenty  five  Acres  of  Land  —  To  Peter  Harring- 
ton the  Sum  of  nine  Pounds  twelve  Shillings  for  Sixteen 
Acres  of  Land  to  William  Dougless  the  Sum  of  one  hun- 
dred and  Eighty  one  Pounds  four  shillings  for  three 
hundred  and  two  Acres  of  Land  to  be  Credited  on  the 
Bond  of  Asa  Dougless  &  Samuel  Brown  due  to  this  Com- 
monwealth Said  Credit  to  bear  Date  October  30th  1787. 
To  the  Heirs  of  Calvin  Hammond  the  Sum  of  fifteen 
Pounds  for  twenty  five  Acres  of  Land  —  to  Wait  Palmer 
the  Sum  of  Sixteen  Pounds  four  Shillings  for  twenty 
Seven  Acres  To  John  Bordman  the  Sum  of  forty  one 
pounds  Eleaven  Shillings  &  Eleaven  pence  for  Sixty  nine 
Acres  &  fifty  two  Rods  To  Ebenezer  Joles  the  Sum  of 
Forty  Pounds  Six  Shillings  &  Six  pence  for  Sixty  Eight 
Acres  and  one  hundred  and  fort}'  Rods  —  To  Jabez 
Vaughn  the  Sum  of  forty  five  pounds  thirteen  Shillings 
for  Seventy  Six  Acres  and  fourteen  Rods  —  &  that  Inter- 
est be  allowed  on  the  several  sums  beforenamed  from  the 
30th  of  October  1787,  which  sums  with  the  Interest 
aforesaid  shall  be  in  full  Compensation  for  the  Afore  Said 
Lands  cut  ofi"  by  Running  the  Line  between  this  State 
and  the  State  of  New  York.  June  21,  1793. 

Chapter  41. 

RESOLVE   ON    THE    PETITION    OF   MOSES   COOK,   GRANTING  HIM 
£.14   3  4,  FOR   THE   TOWN    OF   AMHERST. 

On  the  Petition  of  Moses  Cook  eJunr.,  in  Behalf  of  the 
Town  of  Amherst,  praying  that  the  Treasurer  be  directed 
to  pay  to  said  Town,  the  sum  of  fourteen  Pounds,  three 
Shillings,  and  four  Pence  for  which  Sum  the  said  Treas- 
urer was  directed,  by  a  Resolve  of  the  General  Court, 
passed  the  twenty  third  Day  of  February  1784,  to  Credit 
the  said  Town,  but  which  credit  the  Treasurer  certifies 
does  not  appear  to  have  been  given. 

Resolved,  that  there  be  allowed  &  paid  out  of  the  Treas- 
ury of   this   Commonwealth,  the    said    Sum  of  fourteen 


546  Resolves,  1793.  —  May  Session. 

Pounds,  three  shillings,  and  four  Pence,  to  the  said  Town 
of  Amherst,  in  full  Satisfaction  for  the  Said  Sum  directed 
to  be  Credited  by  the  Resolve  aforesaid.     June  21,  1793. 

Chapter  43. 

RESOLVE      ON     THE     PETITION    OF      THEODORE     MUSSEY,    OF 

STANDISH. 

On  the  Petition  of  Theodore  Mussey  of  Standish  pray- 
ing to  be  liberated  from  the  Goal  in  the  County  of 
Cumberland. 

Resolv'd  That  the  Sheriff  of  the  sd.  County  of  Cum- 
berland be  &  hereby  is  directed  forthwith  to  discharge  sd. 
Theodore  Mussey  from  sd.  Goal  &  Return  the  Execution 
upon  which  he  was  comitted  into  the  Office  of  the  Treas- 
urer of  this  Comonwealth  not  satisfied.     June  21,  1793. 

Chapter  43a.* 

ORDER  ON  THE    PETITION  OF  THE  TOWN  OF  NEEDHAM. 

On  the  petition  of  the  Committee  of  the  town  of  Need- 
ham,  praying  liberty  for  the  sale  of  certain  lands  situate 
in  said  Needham,  and  appropriated  to  the  public  use  of 
the  ministry  in  said  town. 

Order'ed,  that  the  petitioners  cause  an  attested  copy  of 
the  foregoing  petition  and  of  this  order  thereon,  to  be 
published  three  weeks  successively,  in  the  Boston  Inde- 
pendent Chronicle,  the  last  publication  to  be  at  least 
twenty  days  before  the  second  Wednesday  of  the  next 
setting  of  the  General  Court,  that  all  persons  concerned 
may  then  appear  and  shew  cause,  if  any  they  have,  why 
the  prayer  of  said  petition  should  not  be  granted. 

June  21,  1793. 

Chapter  43. 

RESOLVE  ON  THE   PETITION  OF   ISRAEL   JONES,  IN  BEHALF  OF 
THE   TOWN   OF  ADAMS. 

On  the  Petition  of  Israel  Jones  in  behalf  of  the  Town 
of  Adams,  praying  that  the  Treasurer  of  the  Common 
Wealth  may  be  directed  to  Discharge  said  Town  from 
sundry  Taxes  Commited  to  one  Oliver  Parker  to  Collect 
as  set  forth  in  said  petition. 

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


Eesolves,  1793.  —  May  Session.  547 

Resolved  for  reasons  set  forth  in  said  petition,  that  the 
prayer  thereof  be  granted  and  the  Treasurer  of  said 
Commonwealth  is  hereby  directed  to  Credit  said  Town  of 
Adams  in  the  sum  of  six  hundred  and  forty  three  pounds. 

June  21,  1793. 

Chapter  44. 

RESOLVE   ON   THE   PETITION   OF   WILLIAM    RICE. 

On  the  petition  of  William  Rice  in  behalf  of  the  In- 
habitants of  the  Town  of  Sudbury,  praying  that  Execu- 
tion, for  a  deficiancy  of  one  Man  required  of  them  by  a 
Resolve  of  March  7th  1782,  may  be  staid. 

Resolved  for  Reasons  set  forth  in  said  Petition,  that  the 
prayer  thereof  be  granted  and  that  the  Treasurer  be,  & 
he  hereby  is  directed  to  stay  Execution  against  said  In- 
habitants as  aforesaid  for  eighteen  months  from  the  pass- 
ing this  resolve.  June  21,  1793. 

Chapter  45. 

RESOLVE   ON   THE   PETITION  OF  EDWARD   BARNS. 

On  the  Petition  of  Edward  Barns  in  behalf  of  the  In- 
habitants of  the  Town  of  Marlborough  seting  forth  that 
said  Town  stands  charged  on  the  Treasurers  Books  the 
Sum  of  Seventy  four  pounds  one  Shilling  &  eight  pence 
for  not  raising  a  man  agreeable  to  a  Resolve  passed  March 
the  8th,  1782.  And  it  appearing  that  the  Said  Town  did 
raise  all  the  men  agreeable  to  the  Resolve  aforesaid, 
therefore 

Resolved,  for  reasons  aforesaid,  that  the  prayer  of  Said 
Petition  be  granted  &  that  the  Said  Town  of  Marlborough 
be  and  hereby  are  discharged  from  the  Sum  of  Seventy 
four  pounds  one  Shilling  &  eight  pence  aforesaid,  and  the 
Treasurer  is  hereby  impowered  &  directed  to  credit,  on 
his  Books,  the  Said  Town,  the  aforesaid  Sum  of  Seventy 
four  pounds  one  Shilling  &  eight  pence.     June  21,  1793. 

Chapter  46, 

RESOLVE     ON    THE    PETITIONS    OF     WILLIAM    VAUGHAN    AND 
THOMAS  ROBISON  AND   THEIR   ASSOCIATES. 

On  the  Petitions  of  William  Vaughan  &  Thomas  Robi- 
son,   &   their  Associates,  Praying  for  Liberty  to  Build 


548  Resolves,  1793.  —  May  Session. 

Bridges  at  different  Places  over  fore  River  from  Portland 
to  Cape  Elizabeth. 

Resolved  that  John  Gushing,  William  Wedgery  &  Josiah 
Fairfield  Esqrs.  be  a  Committee  to  View  the  different 
places  at  which  the  said  Petitioners  have  prayed  for  leave 
to  build  Said  Bridges  and  Report  to  this  Court  on  the 
Second  Wednesday  of  their  next  Session  the  most  Suita- 
ble Place  for  Erecting  a  Bridge,  that  will  best  Serve  the 
Publick  &  be  least  Injurious  to  Individuals,  as  It's  agreed 
by  the  Petitioners  that  one  Bridge  will  be  SuflBcient  — 
Said  Committee  to  be  paid  by  William  Vaughan  &  his 
Associates.  June  22,  1793. 

Chapter  47. 

RESOLVE   ON  THE   PETITION   OF  SAMUEL  GILBERT. 

On  the  Petition  of  Samuel  Gilbert  Surgeons  mate  in 
the  late  Continental  Army  in  the  Regiment  Commanded 
by  Colo.  Ichabod  Alden. 

Resolved  that  John  Deming  Esqr.  Committee  for  meth- 
odizing public  account  be  and  he  hereby  is  directed  to 
Certify  to  the  Governor  and  Councel  the  pay  or  arrears 
of  pay  due  to  Samuel  Gilbert  for  his  Service  as  a  Sur- 
geons mate  in  Colo.  Ichabod  Alden's  Regiment  in  the 
Late  Continental  Army  and  the  Treasurer  on  receiving  a 
warrant  therefor  is  directed  to  Issue  his  note  or  notes,  in 
the  same  way  and  manner  as  has  been  practised  in  ])aying 
other  Soldiers.  June  22,  1793. 

Chapter  48. 

RESOLVE   ON  THE   PETITION  OF  MICHAEL  METCALF. 

On  the  Petition  of  Michael  Metcalf  and  others  Setting 
forth  that  an  Act  of  the  General  Court  made  and  passed 
in  the  year  of  our  Lord  one  thousand  Seven  hundred  and 
Seventy  Eight,  for  incorporating  the  westerly  part  of  the 
Town  of  Needham  in  the  County  of  Suffolk  into  a  Sepa- 
rate Corporation  by  the  Name  of  the  West  precinct  in 
Needham,  among  other  things  did  provide,  "that  if  any 
of  the  Inhabitants  of  the  said  Town,  who  shall  fall  on 
Either  Side  of  the  aforesaid  Line,  should  Choose  to  be- 
long to,  and  be  a  Part  of  the  Precinct  on  the  other  Side 
of  Said  Line,  and  should  within  'twelve  months,  from 
passing  the  same  Act,  give  their  Names  into  the  Secre- 


Resolves,  1793.  —  May  Sessio:n^.  549 

tiiry's  Office,  they  with  their  Estates  should  be  recorded  as 
part  of  the  Parish  they  Should  so  choose,  and  Should  do 
Duty  and  receive  privilege  accordingly."  and  whereas 
the  Said  Michael  Metcalf  and  others  according  to  the 
Provision  of  Said  Act,  did  give  their  Names  into  the  Sec- 
retary's office,  but,  by  misfortune,  and  not  by  any  Fault 
or  Neglect  of  the  Persons  interested,  the  Paper  to  which 
their  Names  were  Subscribed,  is  lost  or  mislaid,  and  no 
Record  containing  the  Same,  is  to  be  found  in  the  said 
Office  : 

Resolved  that  the  Secretary  of  the  Conmionwealth  be, 
and  he  is  hereby  Authorised,  to  receive  into  his  Office 
and  record  the  Copy  of  the  Said  Subscription  paper  con- 
taining the  names  given  in  to  the  Secretary  as  aforesaid, 
which  Copy  is  proved  by  the  Oaths  of  Michael  Metcalf 
and  Nathaniel  Fisher,  and  the  Same  Copy  shall  be  consid- 
ered as  original  and  shall  have  the  same  Force  and  Effect, 
which  the  original  Paper  would  or  ought  to  have  had  in 
Case  the  Same  had  been  preserved  and  Recorded  and  the 
Persons,  whose  Names  were  so  given  in  to  the  Secretary, 
as  aforesaid  shall  do  duty  and  receive  Privileges  accord- 
ingly. Jum  22,  1793. 

Chapter  49. 

RESOLVE   ON    THE    PETITION  OF    JOHN    BACON,  IN    BEHALF  OF 
ORRINGH   STODDARD,  ISAAC  MARSH    AND   OTHERS. 

On  the  Petition  of  John  Bacon,  in  behalf  of  Orringh 
Stoddard,  Isaac  Marsh  and  Others  praying  that  they  may 
be  allowed  for  their  Services  in  the  Support  of  Governt. 
in  the  year  1786. 

Resolved  that  the  Govenour  with  the  advice  of  Councel 
be  and  is  hereby  requested  to  issue  his  Warrant  on  the 
Treasury  for  the  payment  of  the  several  Persons  on  the 
Role  of  the  Said  Oringh  Stoddard  and  Isaac  Marsh  & 
others  the  Sums  set  against  their  respective  Names  amount- 
ing in  the  whole  to  the  Sum  of  fourteen  pounds  one  shil- 
lings &  ten  pence.  June  22,  1793 


Chapter  50. 

RESOLVE  GRANTING  A  TAX  OF   £.400  TO  THE  COUNTY  OF  CUM- 
BERLAND. 

Whereas  the  Clerk  of  the  Court  of  General  sessions 
of  the  peace  for  the  County  of  Cumberland,  has  laid  be- 


550  Resolves,  1793.  —  May  Session. 

fore  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  four  hundred  pounds : 

Resolved  that  the  said  sum  of  four  hundred  pounds  be 
and  is  hereby  granted  as  a  tax  for  said  County  of  Cum- 
berland, to  be  apportioned  assessed  collected  and  applied 
agreeable  to  law. 

resulved  that  the  Treasurer  of  the  said  County  be,  and 
he  hereby  is  directed  to  lay  his  accounts  of  the  last  years 
expenditures  before  the  General  Court  at  their  next  ses- 
sion in  manner  as  the  law  directs  for  examination  and 
allowance.  June  22,  1793. 

Chapter  50a.* 

ORDER  RELATIVE  TO  THE   PAYMENT  OF  THE   PUBLIC   DEBT. 

Whereas  the  preservation  of  public  credit,  &  the  justice 
due  to  individuals  both  require  that,  eifectual  measures  be 
taken  for  the  punctual  payment  of  the  interest  upon  the 
debt  of  this  Commonwealth  : 

Ordered  that  the  General  Court  will  at  an  early  period 
of  the  next  Session  of  the  General  Court  take  into  con- 
sideration the  subject  of  the  pul)lic  debt  of  this  Common- 
wealth, in  order  to  provide  suitable  and  permanent  funds 
for  the  punctual  payment  of  the  interest  thereon,  and  for 
the  gradual  discharge  of  the  principal  thereof;  and  that 
the  Treasurer  of  this  Commonwealth  devise  such  ways 
and  means  for  the  payment  of  the  several  species  of  debt 
of  this  Commonwealth,  at  regular  and  stated  periods  and 
[and]  for  the  gradual  sinking  of  the  principal  thereof,  as 
shall  best  comport  with  the  ability  of  the  Commonwealth 
to  discharge,  and  that  he  report  on  the  first  Tuesday  of  the 
next  session  of  the  General  Court.  June  22,  1793. 

Chapter  51. 

RESOLVE  GRANTING  AN  EXTRA  PAY  TO  THE  COMMITTEE  OF 
THE  GENERAL  COURT  APPOINTED  TO  EXAMINE  AND  PASS 
UPON   ACCOUNTS. 

Resolved  that  there  be  allowed  &  paid  out  of  the  public 
Treasury  of  this  Commonwealth,  in  the  same  manner  as 
the  Members  of  the  General  Court  are  paid  for  their 
Travel  &  Attendance  the  present  Session,  to  the  Com- 

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


Resolves,  1793.  —  May  Session.  551 

mittee  appointed  to  examine  &  pass  on  public  Accounts, 
for  their  Service  on  said  Committee,  the  following  Sums 
in  Addition  to  their  pay  as  Members  of  the  Legislature. 
Viz.  to  the  honble.  Joseph  Hosmer  Esqr.  for  Nineteen 
days  Attendance,  the  sum  of  one  pound  eight  shillings  & 
six  pence  To  ye  Honble.  Stepn.  Metcalf  Esqr.  for  Nine- 
teen days  attendance  the  sum  of  one  pound  eight  shillings 
&  six  pence  To  Saml.  Flagg  for  nineteen  Days  Attend- 
ance the  sum  of  one  pound  eight  shillings  &  six  pence 
To  John  Saunders  Jr.  for  nineteen  days  Attendance  the 
Sum  of  one  pound  eight  shillings  &  six  pence  &  To 
Joseph  Tucker  for  Nineteen  Days  Attendance  the  Sum 
of  one  pound  eight  shillings  &  six  pence  which  Sums 
shall  be  in  full  for  their  Services  as  aforsaid. 

June  22,  1793. 

Chapter  53. 

RESOLVE  GRANTING  TO  RICHARD  DEVENS,  ESQ.  £.75,  IN  FULL 
FOR  HIS  SERVICES  IN  CLOSING  THE  OFFICE  OF  COMMISSARY 
GENERAL. 

On  the  petition  of  Richard  Devens  praying  compensa- 
tion for  one  years  service  in  closing  the  Office  of  Com- 
missary General. 

Resolved,  That  there  be  allowed,  &  paid  out  of  the 
Treasury  of  this  Commonwealth  to  Richard  Devens  Esqr. 
the  sum  of  seventy  five  pounds  in  full  for  his  services  in 
closing  the  Office  of  Commissary  General. 

Jxme  22,  1793. 

Chapter  53a.* 

ORDER  ON  THE  PETITION  OF  JOHN  COLLAR  AND  OTHERS. 

On  the  petition  of  John  Collar  and  others,  inhabitants 
of  the  town  of  New  Marlboro'  praying  for  a  division 
thereof  into  two  distinct  towns. 

Ordered  that  the  petitioners  notify  the  inhabitants  of 
the  said  town  of  New  Marlborough,  by  leaving  with  the 
Clerk  of  the  same  town,  an  attested  copy  of  the  said  peti- 
tion and  of  this  order  thereon  at  least  sixty  days  previous 
to  the  third  Wednesday  of  the  next  sitting  of  the  General 
Court,  then  to  appear  and  shew  cause  if  any  they  have, 
why  the  prayer  of  the  said  petition  should  not  be  granted. 

Juyie22,1793. 

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


552  Resolves,  1793.  —  May  Session. 


Chapter  53. 

RESOLVE   ON  THE  PETITION  OF  THOMAS  ADAMS. 

On  the  petition  of  Thos.  Adams  printer  to  the  General 
Court,  settinsc  forth  the  losses  which  he  has  sustain'd  in 
executing  the  printing  Business  of  the  Commonwealth  a 
number  of  years  past,  from  the  want  of  prompt  payment 
of  his  demands,  &  other  Causes. 

Resolved  That  in  consideration  of  the  delay  of  payment 
aforesaid,  &  of  the  very  low  terms  on  which  the  said 
Adams  has  executed  the  printing  business  of  the  Com- 
monwealth a  number  of  years  past,  there  be  allowed,  & 
paid  to  him  out  of  the  Treasury  of  this  Commonwealth 
the  sum  of  three  hundred  pounds,  which  shall  be  in  full 
of  all  compensations  &  demands  for  the  work  aforesaid, 
previous  to  the  month  of  January  one  thousand,  seven 
hundred  &  ninety  two.  June  22,  1793 

Chapter  54. 

RESOLVE   GRANTING  TO   WILLIAM   SALISBURY    £.240. 

On  the  petition  of  William  Salisl)my  praying  for  Com- 
pensation for  his  services  as  Issuing  Commissary  &  Bar- 
rack-Master on  Castle-Island. 

Resolved,  for  Reasons  set  forth  in  said  petition,  that 
there  be  allowed  &  paid  out  of  the  Treasury  of  said  Com- 
monwealth, to  the  said  William  Salisbury  the  sum  of  two 
hundred  &  forty  pounds  —  in  full  for  his  services  as  afore- 
said, and  His  Exelency  the  Governer  with  the  advice  of 
Council  is  hereby  requested  to  draw  his  warrant  on  the 
Treasurer  for  the  sum  aforesaid.  June  22,  1793. 


Chapter  55, 

RESOLVE    GRANTING    £.600    TO    AMASA    DAVIS,    ESQ.    QUARTER 
MASTER    GENERAL. 

On  the  representation  of  Amasa  Davis  Esqr.  Quarter 
Master  General. 

Resolved,  That  their  be  paid  out  of  the  Treasury  of  this 
Commonwealth  the  Sum  of  Six  hundred  pounds  to  Amasa 
Davis  Esqr.  Quarter  Master  General  for  the  purpose  of 
"  Supplying  the  Garrison  on  Castle  Island  with  wood  Oil 
&c.  for  lamps.  Wood  for  Rainsfords  Island  —  Repairs  for 


Resolves,  1793. — May  Session.  553 

the  Castle,  &  Rainsfords  Islands  Boats,  Eepairs  to  the 
Artillery  and  to  replace  two  hundred  pounds  paid  Josias 
Nottage  for  building  a  wharf  on  Rainsfords  Island  "  for 
which  he  has  recieved  no  warrant,  he  to  be  accountable 
for  the  expenditure  of  the  same.  June  22,  1793. 

Chapter  56. 

RESOLVE  GRANTING  £.30  TO  JACOB  KUHN,  TO  PROVIDE  FUEL,  &c. 

Resolved,  That  there  be  allowed  &  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  Jacob  Kuhn  Mes- 
senger of  the  General  Court,  the  sum  of  Thirty  Pounds, 
to  enable  him  to  purchase  fuel  &c.  for  the  use  of  said 
Court,  he  to  be  accountable  for  the  expenditure  of  the 
same.  June  22,  1793. 


Chapter  57. 

RESOLVE   GRANTING  TO  THOMAS   GREENE   £.3  2. 

On  the  Petition  of  Thomas  Greene  for  reasons  Set  forth 
in  the  Petition.  Resolved  that  there  be  Allowed  &  paid 
out  of  the  Treasury  of  this  Commonwealth  to  the  Said 
Thomas  Greene  three  pounds  two  shillings,  in  full  for  his 
Services  with  the  Committee  of  valuation. 

June  22,  1793. 

Chapter  5S. 

RESOLVE    ON   THE    PETITION    OF   WILLIAM    DRAPER. 

On  the  Petition  of  William  Draper  the  only  SurviA'ing 
heir  of  Richard  Draper  deceased  —  a  private  Soldier  in 
Colo.  Bigelows  Regiment  praying  that  he  may  receive  the 
wages  due  to  the  said  Richard  Draper. 

Resolved  that  John  Doming  Esqr.  Certify  to  the  Gov- 
ernor and  Councel  in  Favour  of  the  lawfull  heirs  of  the 
said  Richard  Draper  the  pay  or  arrears  of  Pay  due  to  the 
said  Richard  Draper  for  his  said  Services  as  a  private 
Soldier  in  Colo.  Bigelow's  Regiment  and  the  Treasurer  on 
Receiving  a  Warrant  is  hereby  directed  to  Issue  his  note 
or  notes  to  the  said  William  Draper  for  the  Services  of 
the  said  Richard  Draper  in  the  same  way  and  manner  as 
has  been  Practised  in  paying  other  Soldiers. 

June  22,  1793. 


554:  Kbsolves,  1793.  —  May  Session. 


Chapter  59. 

RESOLVE  GRANTING  ADDITIONAL  PAY  TO  THE  CLERKS  IN  THE 
SECRETARY  AND  TREASURER'S  OFFICES  AND  TO  THE  MES- 
SENGER OF  THE  GOVERNOR  AND  COUNCIL. 

Resolved  that  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  Each  of  the  Clerks  in 
the  Secretary's  and  Treaserers  oflSces  and  the  Messenger 
of  the  [of  the]  Governor  and  Council  one  Shilling  per  Day 
from  the  thirtieth  day  of  May  Last  in  addision  to  pay 
already  Established,  to  Continue  till  the  first  Sessions  of 
the  next  General  Court.  Jxine  22,  1793. 


Chapter  60. 

RESOLVE   GRANTING  REV.   EMERSON   FOSTER,  £.9  12. 

On  the  Petition  of  the  Reverend  Emerson  Foster  Repre- 
senting that  he  Served  as  Chaplain  in  the  troops  of  the 
Commonwealth  Stationed  at  Springfield  in  the  winter  of 
the  year  one  thousand  Seven  hundred  and  Eighty  Seven 
for  which  Service  he  has  not  Reed.  Compensation. 

Resolved  that  there  be  Allowed  &  paid  out  of  ye  Treas- 
ury of  this  Commonwealth  to  the  Said  Emerson  Foster 
nine  pounds  twelve  shillings  for  twenty  four  Days  Service 
as  Chaplain  to  Colo.  Burts  Regiment  of  Militia  in  the  win- 
ter of  the  year  1787  who  were  employed  in  the  Service 
of  the  Commonwealth  By  order  of  the  Commander  in 
Chief.  ^  June  22,  1793. 

Chapter  61. 

RESOLVE   ON   THE   PETITION   OF  ELIJAH  KELLOGG. 

On  the  Petition  of  Elijah  Kellogg  a  Drum  majr.  in 
Colo.  Marshalls  Rigiment  Praying  that  he  may  receive 
the  wages  due  to  him  for  his  said  Service.  Resolved  that 
John  Deming  Esqr.  Certify  to  the  Governor  and  Council 
the  pay  or  Arrears  of  pay  due  to  the  said  Elijah  Kellogg 
for  his  Service  as  a  Drum  Major  in  Colo.  Marshalls  Regi- 
ment and  the  Treasurer  on  Receiving  a  warrant  therefor 
is  directed  to  Issue  his  note  or  notes  to  the  said  Elijah 
Kellogg  in  the  same  way  as  has  been  Practiced  in  paying 
other  Soldiers.  Jime  22,  1793. 


Resolves,  1793.  —  Mat  Session^.  555 


Chapter  61a.* 

ORDER  ON  THE  PETITION  OF  ICHABOD  BECKWITH  AND  OTHERS. 

On  the  petition  of  Ichabod  Beck  with  and  others,  living 
in  the  towns  of  Springfield,  Ludlow,  Wilbraham  and 
Palmer,  setting  forth  that  by  reason  of  certain  Mill-dams, 
and  other  obstructions  across  the  river  Chicopee  they  are 
wholly  deprived  of  the  benefit  of  the  fish  called  Salmon 
&  Shad. 

Ordered  that  Ichabod  Beck  with  serve  the  proprietors 
of  Mill-dams  in  the  towns  of  Springfield,  Ludlow,  Wil- 
braham and  Palmer,  with  an  attested  copy  of  their  peti 
tion  and  of  this  order  thereon  at  least  twenty  days 
preceeding  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  said  petition 
should  not  be  granted.  June  22,  1793. 

Chapter  63. 

RESOLVE   ON  THE   PETITION   OF  JOHN  BARBER. 

On  the  Petition  of  John  Barber  Administrator  on  the 
Estate  of  Nathaniel  Barber  deceased  Praying  that  he  may 
receive  the  wages  due  to  the  said  Nathaniel  Barber. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernor and  Council  the  pay  or  arrears  of  Pay  due  to 
Nathaniel  Barber  a  Sarjeant  in  Colo.  Marshalls  Regiment 
in  the  Late  Continental  Army  and  the  Treasr.  on  receiv- 
ing a  warrant  therefor  is  hereby  Directed  to  Issue  his 
note  or  notes  to  the  said  John  Barber  in  the  same  way  as 
has  been  Practiced  in  paying  Other  Soldiers. 

June  22,  1793. 

Chapter  63. 

RESOLVE   ON  THE   PETITION  OF  NATHANIEL  KELLOGG. 

On  the  Petition  of  Nathaniel  Kellogg,  Praying  that  he 
may  be  Authorized  to  make  Sale  of  the  Real  Estate  be- 
longing to  his  Children  who  are  Minors  and  only  Heirs 
of  Hannah  his  late  Wife  and  to  make  any  Partition  thereof 
that  may  be  necessary  for  the  Reasons  set  forth  therein. 

Resolved  that  the  Prayer  of  Said  Petition  be  so  far 
granted  as  that  the  Petitioner  be  authorized  to  make  Sale 

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


556  Resolves,  1793.  —  May  Session. 

of  the  whole  or  such  part  of  the  Real  Estate  belonging  to 
Said  Minors  at  Publick  or  Private  Sale  as  he  shall  Judge 
most  for  their  Benefit  and  Execute  any  Sufficient  Deeds 
and  Conveyances  thereof,  the  Proceeds  of  Such  Sale  or 
Sales  to  be  put  on  Interest  for  the  Benefit  of  said  Minors 
and  paid  them  in  equal  Shares  at  their  full  Age  or  Mar- 
riage whichever  shall  first  happen,  and  that  said  Petitioner 
be  fully  Authorized  to  make  any  Division  or  Partition  of 
Said  Real  Estate  in  behalf  of  Said  Minors  with  the  other 
Co-heirs  of  Waitstill  Hastings  and  Abigail  his  Wife 
Father  &  Mother  of  said  Hannah  Deceased  as  may  be  for 
the  Benefit  of  said  Heirs  —  Provided  that  the  Petitioner 
give  bond  with  Sufficient  Sureties  to  the  Judge  of  Pro- 
bate for  the  County  of  Berkshire  in  double  the  Value  of 
Said  Real  Estate  to  observe  the  Rules  and  Directions  of 
the  Law  which  respects  the  Sales  of  the  Real  Estates 
of  Minors  by  Guardians  and  Administrators  faithfully  to 
Discharge  the  Trust  Reposed  in  him  and  Apply  the  Pro- 
ceeds of  Such  Sale  or  Sales  of  Said  Real  Estate  for  the 
use  and  Benefit  of  Said  Minors  and  Account  to  the  Judge 
of  Probate  for  the  time  being  therefor  whenever  thereto 
Required  and  to  Said  Minors  Respectively  when  of  full 
Age.  June  22,  1793. 

Chapter  64. 

RESOLVE  ON  THE   PETITION  OF  SAMUEL   DANFORTH. 

On  the  petition  of  Samuel  Danforth  of  Boston  in  the 
County  of  Suffolk  Physician  Guardian  of  Mary  Ann 
Symmes  of  sd.  Boston,  a  Minor,  praying  for  reasons  set 
forth  in  sd.  petition  for  leave  to  Sell  &  Dispose  of  all  the 
sd.  Minor's  Right  Title  &  Interest  in  &  to  two  houses  & 
in  &  to  the  lands  thereto  belonging  situated  in  sd.  Boston 
&  which  are  described  in  sd.  Petition. 

Resolved  that  the  prayer  of  the  sd.  Samuel  Danforth's 
petition  be  so  far  granted  that  He  be  &  he  hereby  is  fully 
Authorized  &  Empower'd  to  Sell  &  Dispose  of,  by  Pub- 
lick  Auction,  —  the  house  &  Land  thereto  belonging  first 
mentioned  in  his  sd.  petition  &  Bounded  as  follows  Viz. 
Northwesterly  on  Back-Street  Northeasterly  on  Bear 
Lane  Southeasterly  on  land  now  or  late  of  Thomas 
Greenough  Esqr.  &  South  westerly  on  land  of  John  Baker 
deceas'd  or  however  otherwise  bounded,  for  the  most  they 
will  fetch  in  money  &  to  Make  &,  Execute  in  his  sd.  Ca- 
pacity legal  &  sufficient  deed  or  deeds  thereof  in  fee  sim- 
ple to  the  Purchaser  or  Purchasers  of  the  same.     He  the 


Resolves,  1793.  —  May  Session.  557 

sd.  Danforth  first  giving  Bond  with  suflScient  Surety  or 
Sureties  to  the  Judge  of  Probate  for  the  County  of  Suf- 
folk to  account  for  the  proceeds  of  such  sale  &  to  perform 
those  things  which  the  Law  requires  of  Executors  &  Ad- 
ministrators to  enable  them  to  sell  the  Keal  Estates  of 
their  Testators  or  Intestates. 

Hesolv'd,  That  the  Mode  of  perpetuating  the  evidence 
that  Notice  was  given  of  the  sale  of  sd.  House  &  Land 
shall  be  by  Affidavit  thereof  taken  befin-e  the  Probate 
Court  for  the  County  of  Suftblk  as  is  required  by  law  of 
Guardians  who  are  licensed  to  sell  real  estate  by  the  Su- 
preme Court.  June  22,  1793. 

Chapter  G5. 

RESOLVE  GRANTING  ^'.1000  TO  THE  SELECTMEN  OF  THE  TOWN 

OF  BOSTON. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Treas- 
ury of  this  Commonwealth  to  the  Selectmen  of  the  Town 
of  Boston  One  Thousand  Pounds  for  &  towards  the  main- 
tenance of  the  poor  of  this  Commonwealth,  they  to  be  ac- 
countable for  the  same  on  the  adjustment  &  settlement  of 
their  Accounts  therefor.  June  22,  1793. 

Chapter  65a.* 

ORDER   ON  THE  PETITION  OF  THE  INHABITANTS  OF  THE  FIRST 
PARISH   IN    THE    TOWN    OF    STOUGHTON 

On  the  petition  of  the  inhabitants  of  the  first  Parish  in 
the  town  of  Stoughton,  praying  to  be  incorporated  into  a 
seperate  town. 

Ordered  that  the  said  petitioners  notify  the  said  town 
of  Stoughton  by  leaving  an  attested  copy  of  their  said 
petition  and  this  order  thereon,  with  the  town  Clerk  of 
said  town,  thirty  days  at  least  before  the  second  Tuesday 
of  the  next  session  of  the  General  Court,  that  they  may 
appear  on  said  day,  and  shew  cause,  if  any  they  have, 
why  the  prayer  of  said  petition  should  not  be  granted. 

June  22,  1793. 

Chapter  66. 

RESOLVE   ON   THE   PETITION   OF  SARAH    PACKARD. 

On  the  Petition  of  Sarah  Packard  Praying  that  she  may 
be  empowered  to  make  sale  of  about  Twenty  Two  Acres 

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


558  Resolves,  1793.  —  May  Session. 

of  land  in  Bridgwater  in  the  County  of  Plymouth,  the 
Property  of  her  son,  Josiah  Edson  Packard,  a  minor  for 
whom  she  is  Guardian. 

Resolved  for  reasons  set  forth  in  Said  Petition,  that  the 
Prayer  thereof  be  granted,  and  that  the  said  Sarah  Pack- 
ard be,  and  she  hereby  is  Authorised  and  empowered  to 
make  Sale  of  said  Twenty  Two  Acres  of  land  for  the  most 
it  will  fetch,  either  at  Public  or  private  sale,  and  to  make 
and  execute  a  good  and  Sufficient  deed  or  deeds  of  the 
same,  to  the  purchaser  or  purchasers  thereof —  Provided 
hoivever,  that  Previous  to  said  Sale,  she  shall  take  the 
Oath  required  by  law  respecting  the  same,  and  give  bonds 
to  the  Judge  of  Probate  for  the  county  of  Plymouth  with 
Sufficient  Sureties,  Conditioned,  that  she  will  well  and 
Truly  pay  to  the  said  Josiah  Edson  Packard,  when  he 
arrives  to  the  Age  of  TAventy  One  ^^ears,  or  to  his  Legal 
representative  on  demand,  the  whole  amount  of  the  pro- 
ceeds of  said  Sale,  with  the  interest  thereon,  to  be  com- 
puted from  the  time  of  said  Sale.  Juyie  22,  1793. 

Chapter  67. 

RESOLVE   ON  THE   PETITION  OF  ELISHA   BAKER. 

On  the  Petition  of  Elisha  Baker  Collector  of  the  Town 
of  Williamstown  praying  for  abatement  of  Taxes,  for 
reasons  set  forth  in  the  said  Petition 

Resolved,  that  the  Treasurer  of  this  Commonwealth,  be, 
and  he  hereby  is  Authorised  and  Directed  to  receive  of 
Elisha  Baker  Collector  of  the  Town  of  Williamstown  — 
Seven  Shillings  in  Specie,  on  the  pound,  for  one  hundred 
and  forty  pounds  due  from  him  on  No.  five  Tax,  payable 
in  Army  Notes  and  Indents,  and  thereupon  to  give  him  a 
discharge  for  the  sum  abovementioned,  Rrovided  the  Same 
Shall  be  paid  into  the  Treasury  on  or  before  the  first  Day 
of  Novr.  next.  June  22,  1793. 

Chapter  68. 

RESOLVE  ON   THE   PETITION   OF  SAMUEL   WHITTEN. 

On  the  petition  of  Samuel  Whitten,  stating  that  he  is 
called  upon  by  the  Treasurer  of  the  Commonwealth  for 
the  balance  of  a  Tax  Delivered  him  to  Collect  in  the  year 
1778,  which  he  has  paid  into  the  treasury  in  full. 

Resolved  That  the  treasurer  of  this  Common  wealth  be 


Resolves,  1793.  —  May  Session.  559 

and  he  hereby  is  directed  in  behalf  of  this  Coramon  wealth 
to  credit  the  said  Samuel  Whitten  the  sum  of  one  hundred 
pounds  being  equal  to  twenty  five  pounds  lawful  money 
in  specie  in  full  of  the  apparent  Deficiency  of  said  Samuel 
Whittens  payment  of  said  tax.  June  22,  1793. 

Chapter  69. 

RESOLVE   ON   THE    PETITION   OF   DANIEL  ALLEN. 

On  the  petition  of  Daniel  Allen  attorney  for  Richard 
Poor.  Resolved  for  reasons  set  forth  in  said  Petition 
that  John  Deming  Esqr.  Committee  for  methodizing  pub- 
lic accounts  be  and  he  is  hereby  directed  to  Certify  to  the 
Governor  and  Councel  the  pay  or  arrears  of  Pay  due  to 
the  said  Richard  Poor  for  his  services  as  a  private  Soldier 
in  Colo.  Tupper's  Regt.  and  the  Treasurer  on  Receiving 
a  warrant  is  hereby  directed  to  Issue  his  note  or  notes  to 
the  said  Richard  Poor  in  the  same  way  and  manner  as  has 
been  Practiced  in  paying  Other  Soldiers. 

June  22, 1793. 

Chapter  70. 

RESOLVE  ON  THE  PETITION  OF  JOHN  WOODMAN,  JACOB  BRAD- 
BURY AND  SAMUEL  KNIGHT. 

On  the  Petition  of  John  Woodman  Jacob  Bradbury 
and  Samuel  Knight  Committee  of  the  Town  of  Buxton  in 
the  County  of  York  and  the  Revd.  Paul  Coffin  Minister 
of  the  Gospel  in  said  Town. 

Resolved  for  Reasons  therein  set  forth  that  the  prayer 
of  said  Petition  be  granted  and  that  the  Selectmen  of  said 
Town  or  any  Committee  by  them  appointed  for  the  pur- 
pose be  and  they  are  her  [e]  by  empowered  to  exchange  the 
lands  in  said  Town  holden  as  a  parsonage  or  any  part 
thereof  with  the  said  Paul  for  an  equal  quantity  of  land 
of  the  said  Paul's  lying  between  his  land  and  land  of  Wil- 
liam Bradbury  beginning  on  the  Easterly  side  of  the  Road 
where  it  now  goes  at  a  Stake  and  Stone  on  the  Northerly 
side  of  the  first  home  lot  and  letter  G  running  Northerly 
by  said  road  fifty  rods  including  the  land  on  each  Side  of 
the  Way  and  the  said  Selectmen  or  Committee  are  hereby 
empowered  to  make  and  execute  a  deed  or  deeds  of  the 
said  Parsonage  Lands  to  the  said  Paul  which  deed  or 
deeds  shall  be  good  and  efiectual  in  law  to  convey  the 
same  in  Fee.  June  22,  1793. 


560  Eesolves,  1793.  —  May  Session. 


Chapter  70a.* 

ORDER    ON    THE    PETITION   OF    THE    INHABITANTS   OF    LEWIS- 
TOWN. 

On  the  petition  of  the  inhabitants,  of  the  plantation 
called  Lewistown  in  the  County  of  Lincoln,  together  with 
the  inhabitants  of  a  gore  of  land  adjoining  thereto,  pray- 
ing to  be  incorporated  into  a  town  by  the  name  of  Lee. 

Ordered  that  the  petitioners  cause  an  attested  copy  of 
their  said  petition  with  this  order  thereon  \_to']  be  published 
in  the  independent  Chronicle  printed  in  the  town  of  Bos- 
ton, three  weeks  successively  sixty  days  at  least  before 
\the'\  second  Tuesday  of  the  next  sitting  of  the  General 
Court,  that  all  persons  concerned  may  then  appear,  & 
shew  cause,  if  any  they  have,  why  the  prayer  of  the  said 
petition  should  not  be  granted.  June  22,  1793. 


Chapter  71. 

RESOLVE   ON   THE   PETITION   OF  GEORGE   CURWIN  WARD. 

Whereas  George  Curwin  Ward  late  Depy.  Collector  of 
Excise  for  the  County  of  Essex  &  now  resident  in  the 
State  of  New  hampshire  hath  represented  to  this  Court 
that  he  now  stands  indebted  to  this  Commonwealth  for 
the  sum  of  Six  hundred  &  Sixty  three  pounds  seventeen 
shillings  &  four  pence  as  deputy  Collector  of  sd.  County 
&  hath  prayed  that  twelve  Months  be  allowed  him  for  the 
payment  of  the  same  : 

Resolved  that  the  })rayer  of  said  petition  be  so  far 
granted,  as  that  there  be  allowed  to  said  Ward  the  Term 
of  six  Months  from  the  date  of  this  Resolve  for  the  pay- 
ment of  the  Sum  aforesaid  into  the  Treasury  of  this  Com- 
monwealth P7'ovided  that  said  Ward  give  Bond  to  the 
Treasurer  of  the  Commonwealth  with  two  sufficient  Sure- 
ties to  the  acceptance  of  the  Treasurer  conditioned  for  the 
payment  of  the  sums  aforesaid  together  with  Interest  on 
the  same  at  or  within  the  time  aforesaid  —  and  the  Attor- 
ney General  is  hereby  directed  to  cease  the  prosecution 
against  said  Ward  (he  paying  all  legal  Costs  which  may 
have  hitherto  arisen,)  as  soon  as  the  bond  as  aforesa'd, 
shall  be  tiled  in  the  Treasurer's  Office.      June  22,  1793. 

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


Resolves,  1793.  —  May  Session.  561 


Chapter  73. 

RESOLVE  APPOINTING  A  COMMITTEE  TO  EXAMINE  THE  TREAS- 
URER'S ACCOUNTS. 

Resolved  That  Thonias  Dawes  &  Jona.  Mason  Esqr.  be 
a  Committee  to  examine  and  adjust  the  accounts  of  the 
Treasurer  of  the  Commonwealth  from  the  sixth  day  of 
July  1792  to  the  Thirty  first  day  of  May  1793,  both  days 
inclusive  and  the  said  Committee  are  directed  &  empow- 
ered to  deface,  all  notes,  due  liills,  and  orders.  Issued 
under  the  authority  of  this  Commonwealth  by  any  officer 
thereof  that  have  been  redeemed  by  the  Treasurer  during 
the  time  aforesaid  and  to  report  an  account  of  their  pro- 
ceeding at  the  next  Session  of  the  General  Court. 

June  22,  1793. 

Chapter  72a.* 

ORDER  ON  THE  PETITION  OF  ELIAS  SMITH. 

On  the  petition  of  Elias  Smith  of  the  town  of  Hadley 
in  the  County  of  Hampshire,  praying  to  be  set  off  from 
said  town,  and  annexed  to  the  town  of  Amherst. 

Ordered  that  the  said  ])etitioner  notify  the  said  town 
of  Hadley,  by  leaving  an  attested  copy  of  his  said  peti- 
tion and  this  order  thereon,  with  the  Clerk  of  said  town, 
thirty  days  at  least  before  the  second  Tuesday  of  the  next 
setting  of  the  General  Court,  that  they  may  appear  on 
said  day,  and  shew  cause,  if  any  they  have,  why  the 
prayer  of  said  petition  should  not  be  granted. 

J^me22,  1793. 

Chapter  73. 

RESOLVE   ON   THE   PETITION  OF  SARAH   PENDERGRASS. 

On  the  petition  of  Sarah  Pendergrass  praying  that  She 
may  rec[e]ive  the  wages  due  to  hir  late  husband  Thomas 
Pendergrass  a  late  Solger  in  the  Contine[?i]tal  army,  of 
Six  pounds  which  has  been  Drawn  by  a  forged  order. 

Resolved  that  the  Treasurer  of  this  Commonwealth  be 
and  he  hereby  is  directed  to  issue  to  the  Said  Sarah  Pen- 
dergrass a  New  note  of  Six  pounds  bearing  date  January 
1st  1782  a  former  note  of  the  same  tenor  &  date  appea[r]- 
ing  to  have  been  drawn  by  a  forged  order,  by  one  Thomas 
Porter  notwithstanding.  June  22,  1793. 

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


562  Resolves,  1793.  —  Mat  Session. 

Chapter  74. 

RESOLVE   ON  THE   PETITION  OF  NATHANIEL  KINGSBURY. 

On  the  petition  of  Nathaniel  Kingsbury  in  behalf  of  the 
Town  of  Dedham  praying  that  the  Treasurer  may  be 
directed  to  discharge  said  Town  of  Dedham  from  sundry 
Ballances  on  back  Taxes  now  charged  in  the  Treasurers 
Books  as  set  forth  in  said  petition. 

Resolved  that  the  prayer  thereof  be  so  far  Granted  as 
that  the  Treasurer  of  said  Commonwealth  be  and  he  is 
hereby  directed  to  credit  said  Town  of  Dedham  in  the 
sum  of  thirteen  pounds  fourteen  shillings  &  ten  pence  one 
farthing  being  the  ballance  of  a  Tax  committed  to  one 
Ebenr.  Bullard  to  collect  for  the  year  1754  Also,  in 
one  other  sum  of  nineteen  pounds  nineteen  shillings  & 
eleven  pence  three  farthings  being  the  ballance  of  Taxes 
committed  to  Samuel  Shuttleworth  to  collect  for  the  year 
1772,  it  appearing  by  the  Treasurers  receipts  that  the 
same  is  paid  amounting  in  the  whole  to  the  sum  of  Thirty 
three  pounds  fourteen  shillings  &  ten  pence. 

June  22,  1793. 

Chapter  75. 

RESOLVE   ON  THE   PETITION   OF  BARNARD   GOODRIDGE. 

On  the  Petition  of  Barnard  Goodridge  only  son  and 
heir  of  Ezekiel  Goodridge  late  of  Almsbury  Lieut,  in  the 
Regiment  of  Colo.  Edward  Wiffo-les worth  who  was  Killed 

O  Co 

at  Saratoga  Praying  that  he  nvdy  re[c]ieve  the  ballance  of 
Half  pay  due  to  him.  His  mother  who  was  widow  to  his 
said  Father  having  reced.  the  half  pay  to  the  term  of  her 
marriage  which  was  in  May  20,  1780  to  Mr.  Henry  Trus- 
sell. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernour  and  Council  in  favour  of  the  said  Barnard  Good- 
ridge the  arrears  of  the  said  Half  pay  Due  to  the  Estate  of 
the  \_said']  Ezekiel  and  the  Treasurer  on  receiving  a  War- 
rant is  hereby  directed  to  Isue  his  note  or  notes  to  the 
said  Barnard  Goodridge  in  the  same  way  &  manner  as 
has  been  practiced  in  like  circumstances. 

June  22,  1793. 


Resolves,  1793.  —  May  Session.  563 


Chapter  76. 

RESOLVE    GRANTING    JACOB    KHUN    £.3    18   3^,  IN    FULL    OF   THE 
BALANCE  OF  HIS  ACCOUNT. 

Resolved  that  there  be  allowed  and  paid  out  of  the  Pub- 
lick  Treasury  to  Jacob  Khun  the  sum  of  three  pounds 
Eighteen  shillings  three  pence  half  penny,  in  full  ballance 
of  his  account  this  day  settled,  and  that  the  said  Jacob 
Khun  be  discharged  of  the  sum  of  forty  two  pounds  he 
reed,  out  of  the  treasury  in  Consequence  of  two  Resolves 
of  the  General  Court  one  pased  June  28,  1792  the  other 
January  31st,  1793.  June  22,  1793. 

Chapter  76a.* 

ORDER  FOR  THE  PRINTING  AND  DISTRIBUTION  OF  A  DECISION 
RENDERED  BY  THE  SUPREME  JUDICIAL  COURT  OF  THE 
UNITED  STATES. 

Ordered  that  Thomas  Adams  within  six  weeks  from  this 
time,  cause  to  be  printed  for  the  use  of  the  members  of 
the  Legislature,  three  hundred  copies  of  a  case,  decided 
in  the  Supreme  Judicial  Court  of  the  United  States  in 
February  last,  in  which  is  discussed  the  question,  whether 
a  State  is  liable  to  be  sued  by  a  private  citizen  of  another 
State  ;  and  deliver  the  same  to  the  Secretary,  who  is  hereby 
directed  to  distribute  the  same  among  the  several  members 
aforesaid,  as  soon  as  circumstances  will  permit  without 
expence  to  the  State.  June  22,  1793. 

Chapter  77. 

RESOLVE     FOR     PAYMENT    OF     THE    CLERKS     OF     THE     TWO 
BRANCHES    OF    THE    LEGISLATURE. 

Resolved  that  there  be  allowed  &  paid  out  of  the  public 
Treasury  to  Samuel  Cooper  Esqr.  Clerk  of  the  Senate 
forty  pounds  &  to  Henry  Warren  Esqr.  Clerk  of  the 
House  of  Representatives  forty  Pounds  on  account  of 
their  services  as  Clerks  aforesaid  for  the  present  year 
they  to  be  accountable  for  the  same  respectively  —  And 
the  Governor  with  the  advice  of  Council  is  requested  to 
draw  his  warrants  on  the  Treasurer  therefor. 

June  22,  1793. 

»  Not  printed  in  previous  editions.    Talien  from  court  record. 


564:  Resolves,  1793.  —  May  Session. 


Chapter  78. 

ROLL   NO.   27. 

The  Committee  on  Accounts  having  examined  the  Ac- 
counts they  now  present,  Report,  There  is  due  to  the 
Towns  &  Persons  hereafter  mentioned,  the  Sums  set  to 
their  respective  Names,  which  if  allowed  &  paid,  will  be 
in  full  discharge  of  said  Accounts,  to  the  dates  therein 
mentioned. 

JOSEPH   HOSMER  Pei-  Order. 

Expences  of  maintaining  the  Poor  of  ye  Commonwealth. 

To  the  Town  of  Acton  for  siipjioi'ting  Eunice  Barber  & 
four  Children  from  feby.  'ZiS,  1792  to  June  18th  1793 

To  the  Town  of  Boxbury  for  supporting  John  Kennedy 
&  Wife  from  Novr.  2d,  1792,  to  June  1,  1793 

To  the  Town  of  Brookfield  for  Supporting  John  Cain 
&  Artimas  Kenney  from  feby.  loth  to  Apl.  1,  1793 

To  Mattathias  Rice  for  Medicine  &  Attendence  on  Arti- 
mas Kenney  from  feby.  loth  to  March  18th  1793 

To  Francis  Foxcraft  for  Medicine  &  Attendence  on 
Artimas  Kenny  from  feby.  19  to  March  27,  1793 

To  the  Town  of  Boylstown  for  supporting  John  Fanel 
from  Jany.  31,  to  May  8th  1793  Medicine  &  attendence 

To  Samuel  Broolis  as  further  allowance  on  his  Accot. 
for  supporting  Isaac  Austin  &  family  to  Jany   1791    . 

To  the  Town  of  Cambrige  for  supporting  sundry  per- 
sons up  to  June  18th  1793  Medicine  &  Attendence 

To  the  Town  of  Concord  for  supporting  William  Shaw 
from  Jany.  25th  to  June  10th  1793        .... 

To  the  Town  of  Chelmsford  for  supporting  Thorns. 
Grant  &  Wife  from  Novr.  13,  1791  to  May  23,  1793     . 

To  the  Town  of  Colrain  for  supporting  John  Allen  from 
Novr.  1792  to  Apl.  1793  &  supporting  Eliza.  Stewart 
from  Deer.  31st  1792,  to  26th  Apl.  1793 

To  Joseph  Allen  for  Medicine  efe  Attendence  on  John 
Allen  from  Novr.  5,  1792  to  May  4,  1793      . 

To  Samuel  Ross  for  Medicine  &  Attendence  on  Eliza. 
Stewart  from  Apl.  the  2d  to  the  19th  1793    . 

To  the  Town  of  Chesterfield  for  supporting  John  Ken- 
nedy &  Sally  Biu-ton  from  May  22,  1792  to  May  4th 
1793 

To  the  Town  of  Charlestown  for  supporting  George 
Perry  from  feby.  21st  to  March  2d  1793 

To  the  Town  of  Dracut  for  supporting  John  Hancock  & 
Wife  from  March  4th  to  June  17th  1793 

To  the  Town  of  Dorchester  for  supporting  John  Ho- 
raan  &  family  from  June  20th  1792  to  June  .5th  1793 
To  funeral  Chai-ges  for  burying  an  Indian  (Sarah 
George) 

To  the  Town  of  East  Hampton  for  supporting  Rebecca 
Gardner  from  1st  Jany.  1792  to  May  20th  1793    . 


£. 

s. 

d. 

10 

0 

0 

12 

0 

0 

9 

1 

8 

3 

5 

6 

0 

17 

0 

12 

13 

4 

0 

18 

0 

7 

6 

4 

4 

16 

10 

11 

3 

1 

14 

8 

0 

24 

0 

0 

2 

19 

0 

22 

11 

0 

2 

11 

8 

5 

12 

11 

21 

8 

0 

14 

8 

0 

Resolves,  1793.  —  May  Sessioj^".  5G5 

To  the  Town  of  Eastown  for  supportino;  Abigail  Honey-       £.     s.   cl. 
brooks  from  Nov.  10th  1792,  to  May  1st  1793       .         .  9     6     0 

To  the  Town  of  Haverhill  for  suppoi-ting  James  Gay, 
his  Wife  &  four  Children  from  Jany,  5th  1792,  to 
June  10th  1793 44     8     0 

To  the  Town  of  Hopkiaton  for  supporting  Patience 
Bundly  &  Anna  Fanning  from  feby.  1st  1792,  to  feby, 
1st  1793  

To  the  Town  of  Lunenburgh  for  supporting  John  Kelly 
&  family  from  Feby.  10,  1792  to  May  18,  1793     . 

To  the  Town  of  Medway  for  supporting  William  Frank- 
lin from  Deer.  3,  1792  to  June  5th  1793 

To  Jonathan  Fay  for  Attendance  &  Medicine  on  William 
Franklin  from  March  2d  1792  to  Apl.  24  1793      . 

To  Abijah  Richardson  for  Medicine  &  Attendance  on 
William  P>anklin  Oeto.  15th  to  19th  1792    . 

To  the  Town  of  Marshfield  for  supporting  two  Indian 
Children  from  5th  May  1792  to  May  5th  1793      . 

To  the  Town  of  New  brantree  for  Percival  Hall's  accot. 
of  Medicine  Sa  Attendence  on  Michael  Lincoln  from 
Jany.  13th  to  feb.  19th  1793 

To  the  Town  of  Portland  for  supporting  Sundry  Per- 
sons, Medicine  &  Attendence  from  Apl.  9th  1792  to 
June  1793       

To  the  Town  of  Shrewsbury  for  supporting  Sarah  the 
Wife  of  George  Phillmore  &  Child  from  March  1st 
1792  to  March  1st  1793 

To  the  Town  of  Stockbridge  for  supporting  Rachael 
Frisby  &  others  from  Octo.  1791  to  Deer.  1792     . 

To  the  Town  of  Uxbrige  for  Supporting  Betsey  Ti'iffle 
from  20th  feby.  1792  to  22  May  1793    . 

To  the  Town  of  Williamstown  for  supporting  Sundry 
Persons  from  Jany.  26th  to  the  1st  June  1793 

To  the  Town  of  Westborough  for  supporting  John  Scud- 
more  from  20  feby.  to  12  June  1793      .... 

To  the  Town  of  York  for  supporting  F^lizabeth  Perkins 
from  Augt.  1st  1792  to  June  1st  1793   . 


Sheriffs  Accounts. 

To  John  Cooper  Sheriff  of  ye  County  Washington  his 
Acct.  for  dispersing  precepts  &  returning  Votes  for 
federal  Representatives  to  June  10th  1793   . 

To  Dwight  Foster  Sheriff  of  the  County  of  Worcester 
his  Acct.  for  dispersing  precepts  &  returning  Votes 
for  federal  Representatives  from  March  to  May  20th 
1793 .         .         .         11   14     4 

To  John  Gardner  Sheriff'  of  the  County  of  Nantucket 
his  Acct.  for  serving  a  Precept  &  returning  Votes 
for  the  Choice  of  Electors,  from  Novr.  1792  to  May 
20th  1793 4  10     0 

To  Richard  Hunewell  Sheriff  of  the  County  of  Han- 
cock for  dispersing  precepts  &  i-eturning  Votes  for 
the  Choice  of  Electors  &  federal  Repi'esentatives  & 
distributing  proclamations  from  July  1792  to  May  22, 
1793 26     7     0 


10 

16 

0 

27 

13 

8 

10 

16 

5 

8 

1 

2 

0 

19 

8 

10 

9 

0 

1 

1 

4 

5 

39 

15 

1 

t 

21 

1 

1 

8 

25 

16 

4 

'.        32 

10 

0 

21 

18 

0 

5 

17 

10 

9 

0 

0 

£.459 

12 

7 

£. 

s. 

d. 

14 

18 

4 

566  Eesolves,  1793.  —  May  Session. 

To  Simon  Larned  Sheriff  of  Bei-kshire  County  for  dis- 
tributing   precepts   &   returning  Votes   for    federal       £.     s.   d. 
Representatives  to  May  1st  1793 3  11     9 

To  Johnson  Molton  Sheriff  of  the  County  of  York  for 
distributing  Precepts  &  returning  Votes  for  federal 
Representatives  to  May  17,  1793 6  12     3 

To  Elisha  Porter  Sheriff  of  the  County  of  Hampshire 
for  distributing  precepts  &  returning  Votes  for  Elect- 
ors &  federal  Re^jresentatives,  from  July  1792  to  May 
1793 11     7     8 


£.79     1     4 


Expences  of  the  Militia. 

To  John  Cooper  Adjutant  from  the  10th  Apl.  1790  to        £.  s.   d. 

the  10th  Octr.  1792 12     5     0 

To  John   Sarjent  for  his   Services  as   Adjutant  fi'om 

Octr.  1,  1792  to  feby.  7th  1793 4    0    0 

To  Volentine  Martin  for  his  Services  as  Adjutant  from 

July  1st  to  Deer.  31st  1792 2     10 

To  Caleb  Sylvester  for  his  Services  as  Adjutant  from 

Apl.  26,  1792  to  May  29,  1793 4  11     0 

To  .Jonathan  Magee  for  his  Services  as  Adjutant  from 

March  9th  1792  to  febury.  1st  1793       ....  700 

To  Benjamin  Warren  for  his  Services  as  Brigade  Major 

from'Apl.  12,  1792  to  May  28,  1793  .  .  .  .  10  2  0 
To  William  Wedgery  for  his  Services  as  Adjutant  from 

July  10,  1792  to  June  10th  1793 3  16     6 


£.43 

16 

6 

£. 
0 

s. 
6 

d. 

8 

Miscellaneous  Accounts. 

To  Benjamin  Alline  his  Account  to  Novr.  1792 

To  Caleb  Amidown  his  Account  for  surveying  the  Road 
from  Worcester  to  Boston  from  Oct.  1792  to  Apl.  23, 
1793        ...  5  10     0 

To  Samuel  Baker  Esqr.  his  Account  for  surveying  the 
Road  from  Worcester  to  Boston  from  Sepr.  18,  1792 
to  Apl.  23,  1793 8     0    7 

To  Thomas   Davis   Esqr.  his  Aecot.  of  Sundries  from 

August  8th  1792  to  June  6,  1793 48  15  11 

To  John  Deming  his  Accot.  of  Wood  for  his  office  to 

June  1793 0  19     6 

To  Samuel  Foster  his  Accot.  as  Clerk  in  the  Treasurer's 

Office  from  July  3d  1792  to  May  17th  1793  .         .         .         87     7     0 

To  Ephraim  Russell  his  Accot.  for  Attendence  on  the 
Committee  appointed  to  survey  the  Road  from 
Worcester  to  Boston  from  Octo.  1792  to  Apl.  27,  1793  1  18     9 

To  Josiah  Sternes  Esqr .  his  Accot  for  surveying  the 
Road  from  Worcester  to  Boston  from  Sepr.  1792  to 
Apl.  1793 5  18     3 

To  Thomas  Walcutt  his  Accot  of  Stationary  to  June 

20, 1793 1  10    0 

£.160    6    8 


Resolves,  1793.  —  May  Session.  567 

Amot.  of  Roll  No.  27,  passed  June  1793. 

£.    s.  d. 

Foi-  supporting  the  Poor  of  ye  Commonwealth       .        .      459  12  7 

Expences  of  je  Militia 43  15  6 

Expences  of  Sheriffs 79     1  4 

Expences  Miscellaneous 160     6  8 


£742  16 


Read  &  accepted  &  thereupon  Resolved  that  his  Excel- 
lency 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  Corporations  &  persons 
borne  on  the  foregoing  Roll,  the  sums  set  against  their 
names  respectively  amounting  in  the  whole  to  the  sum  of 
Seven  hundred  &  forty  two  pounds  sixteen  shillings  & 
one  penny.  June  22,  1793. 


RESOLVES 


GENERAL   COURT    OF    THE    COMMONWEALTH 
OF  MASSACHUSETTS: 

BEGUN  AND  HELD  AT  BOSTON,  IN  THE  COUNTY  OF 
SUFFOLK,  ON  WEDNESDAY,  THE  TWENTY-NINTH  DAY 
OF  MAT,  ANNO  DOMINI,  1793;  AND  FROM  THENCE  CON- 
TINUED BY  PROROGATION  AND  PROCLAMATION,  TO 
WEDNESDAY,  THE  EIGHTENTH  DAY  OF  SEPTEMBEB, 
FOLLOWING. 


1793.  —  September  Session. 
Chapter  1. 

RESOLVE   ON   THE   PETITION   OF   ICHABOD    HOLBROOK. 

On  the  petition  of  Ichabod  Holbrook.  Resolved  That 
the  Treasurer  be  and  he  hereby  is  directed  to  receive  of 
Ichabod  Holbrook  Seventy  six  pounds  six  shillings  in 
specie,  and  two  hundred  eighteen  pounds  six  shillings  & 
five  pence  in  Army  Notes  in  full  satisfaction  of  what  is 
now  due  from  Ichabod  Holbrook  Collector  of  Braintree 
for  tax  No.  4  —  Provided  payment  is  made  in  manner 
aforesaid  in  six  months  from  the  passing  this  Resolve. 

September  19,  1793. 

Chapter  3. 

resolve  ON  REFERRED  MATTERS. 

Resolved  That  all  matters  &  things  whatever  which  were 
referred  by  the  Legislature,  at  the  last  session  of  the 
General  Court,  to  any  particular  Day  in  this  session  be 
farther  referred  to  the  next  session  of  the  General  Court 
and  to  such  day  therein,  as  was  appointed  therefor  in  this 
session  :  and  that  all  Executions  which  were  ordered  in 


570  Resolves,  1793.  —  September  Session. 

the  said  last  session  to  be  stayed  untill  this  session  or  to 
any  particular  day  in  this  session  be  further  stayed  untill 
the  next  session  of  the  General  Court  &  unto  such  day  in 
the  said  next  session  as  was  directed  therefor  in  this  ses- 
sion, 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  the  said  next  session 
as  was  appointed  therefor  in  this  session,  any  thing  in  any 
resolution  of  the  General  Court  at  the  said  last  session 
to  the  contrary  notwithstanding :  And  the  Secretary  is 
directed  to  publish  this  Resolve  in  the  public  Newspapers 
as  soon  as  may  be.  September  19,  1793. 

Chai>ter  3. 

RESOLVE   ON  THE   PETITION  OF   WILLIAM  BRIDGE. 

On  the  Petition  of  William  Bridge  of  Rutland.  Re- 
solved That  his  Exellency  the  Governor  with  the  advice 
of  his  Council  be  requested  to  draw  his  warrant  on  the 
Treasurer  of  this  Commonwealth  to  pay  to  William  Bridge 
of  Rutland  the  Sum  of  Five  pounds  eighteen  Shillings 
and  four  pence  being  for  the  same  Sum  allowed  him  by 
the  General  Court  for  Services  performed  for  the  Com- 
monwealth, which  Sum  has  been  paid  to  William  Bridge 
of  Chelmsford  by  the  Treasurer  by  mistake. 

And  he  it  further  resolved  that  the  Attorney  General  of 
this  Commonwealth  with  the  Treasurer  thereof  be  and 
they  hereby  are  directed  If  they  shall  judge  it  expedient 
to  take  proper  and  effectual  means  for  recovering  the 
same  Sum  of  the  Said  William  Bridge  of  Chelmsford  for 
the  Use  of  this  Commonwealth,  it  having  been  paid  to 
him  wrongfully  and  by  mistake.  September  19,  1793. 

Chapter  4. 

RESOLVE    ON    THE    PETITION    OF    JAMES    OSGOOD,    GRANTING 
HIM  LIBERTY  TO   SELL  ESTATE. 

On  the  petition  of  James  Osgood,  praying  for  liberty 
to  make  sale  of  some  real  estate  in  the  Town  of  Fryburgh, 
lately  belonging  to  Samuel  Osgood  deceased  for  the  ben- 
eiit  of  Jane  Osgood  a  minor. 

Resolved,  that  the  prayer  of  the  petition  be  granted, 
^  that  th^  93'id  Jawes  Osgood,  guardian  to  the  said  Jape 


Resolves,  1793.  —  September  Session.  571 

Osgood,  is  hereby  appointed,  authorized  and  empowered 
to  mal^e  sale  of  all  her  Interest  and  property  in  the  Farm 
lately  belonging  to  her  said  Father  Samuel  Osgood  de- 
ceased, lying  in  the  Town  of  Fry  burgh  either  at  private 
Sale  or  public  vendue  ;  he  observing,  in  every  respect  the 
rules  and  regulations  established  by  Law,  for  executors  — 
Administrators  and  Guardians,  who  obtain  licence,  from 
the  Supreme  Judicial  Court  for  the  Sale  of  real  estate, 
and  upon  such  Sale  to  make  and  execute  good  and  suffi- 
cient deed  or  Deeds  to  the  purchaser  or  purchasers 
thereof.  September  20,  1793  * 

Chapter  5. 

RESOLVE   ON   THE  PETITION   OF  THOMAS  SAWIN,  2d. 

On  the  Petition  of  Thomas  Sawin  Second  Adminis- 
trator De  bonis  non,  on  the  estate  of  Richard  Sanger  late 
of  Sherburn  in  the  County  of  Middlesex  gentleman  de- 
ceased. 

Resolved  for  reasons  set  forth  in  his  Petition  That  the 
Prayer  therof  be  granted  and  that  the  Judge  of  Probate 
for  the  County  of  Middlesex  be  and  he  is  hereby  author- 
ised and  impow[e7*]ed  to  grant  a  new  Commission  to  the 
Former  or  other  Commissioners  (at  his  election)  being 
Freeholders  of  the  same  County  and  otherways  qualified 
for  that  business  as  the  Law  directs  said  Commissioners 
to  notify  the  Creditors  in  due  form  of  Law,  and  to  reex- 
amine the  Claims  heretofore  exhibited  against  said  Estate, 
as  also  to  receive  and  examine  all  further  Claims  that  may 
be  presented  for  alowance  and  make  report  of  all  such 
demands  as  to  them  may  appear  legal  &  Just  to  the  Judge 
of  Probate  in  a  time  not  exceeding  Six  months  from  the 
date  of  their  Commission  said  Jud^e  of  Probate  to  make 
such  order  and  Decree  thereon  &  in  the  same  manner  as 
though  said  Claims  had  been  Exhibited  within  the  time  the 
Law  has  prescribed  any  Law  to  the  contrary  notwithstand- 
ing. September  20,  1793  * 

Chapter  6. 

RESOLVE   ON  THE  PETITION  OF  JOHN   TILLEY. 

On  the  petition  of  John  Tilley  Administrator  on  the 
Estate   of  Thomas  Chambers  a  Soldier  Deceased.     Re- 


*  Not  signed  by  the  goyernor, 


572  Resolves,  1793.  —  September  Session. 

solved  that  John  Deming  Esqr.  be  and  he  hereby  is 
directed  to  Certify  to  the  Governor  and  Council  the  pay 
or  arrears  of  pay  due  to  Thomas  Chambers  for  his  Ser- 
vices as  a  Soldier  in  Colo.  Sprouts  Regiment  —  And  the 
Treasurer  on  receiving  a  warrant  therefor  is  hereby  di- 
rected to  Issue  his  note  or  notes  to  the  Administrator  on 
the  estate  of  the  said  Thomas  Chambers  in  the  same  way 
and  manner  as  has  been  practiced  in  paying  other  soldiers 
for  Similar  Services.  September  21,  1793.* 

Chapter  7. 

RESOLVE   ON  THE  PETITION  OF  MAREY   TORREY   AND  SAMUEL 

FAIRBANKS. 

On  the  Petition  of  Marey  Torrey  &  Samuel  Fairbanks 
Administrators  on  the  Estate  of  John  Torrey  late  of  Men- 
don  Dec[e]ased,  praying  for  leave  to  make  sale  of  the  Real 
Estate  of  the  said  Deed,  lying  in  the  Town  of  Chester  in 
the  County  of  Hamshire  for  reasons  set  forth  in  their 
Petition. 

Resolved  that  the  said  Administrators  be  and  they  are 

hereby  authorized  and  impowered  to  dispose  of  the  whole 

of  the  Real  Estate  of  which  the  said  John  Torrey  Died 

seized  and  possessed ;  at  publick  or  private  Sale  as  they 

shall  find  most  for  the  benifit  of  all  those  Interested  in 

said  Estate  and  to  make  and  Execute  good  and  Lawfull 

Deed  or  Deeds  of  the  Same,  they  first  giving  Bonds  to 

the  Judge   of  probate  for  the  County  of  Worcester  to 

account  for  the  whole  proceeds  of  such  sale  or  sales  and 

apply  the  same  agreable  to  Law.      September  21,  1793  * 
\         — — 

Chapter  8. 

RESOLVE   ON  THE  PETITION   OF  MARY  BIRD. 

On  the  petition  of  Mary  Bird  Administratrix  and  sole 
heir  to  the  Estate  of  John  Doring  deceased.  Resolved 
that  John  Deming  Esqr.  Certify  to  the  Governor  and 
Council  the  pay  or  arrears  of  Pay  due  to  John  Doring  a 
private  soldier  in  Colo.  Marshalls  Regiment  and  the  Treas- 
urer on  receiving  a  warrant  therefor  is  hereby  directed  to 
Issue  his  note  or  notes  to  the  Administrator  on  the  estate 
of  the  said  John  Doring  in  the  same  wa}''  and  manner  as 
has  been  practiced  in  paying  other  soldiers  for  Similar 
services.  SejAember  21,  1793  * 

*  Not  signed  by  the  governor. 


Resolves,  1793.  —  September  Session.  673 

Chapter  9. 

RESOLVE   ON   THE    PETITION    OF   JOSIAH   THACHER. 

On  the  Petition  of  Josiah  Thaclier  Esqr.  in  Behalf  of 
Benjamin  Adams  Administrator  on  the  Estate  of  Joshua 
Adams  Praying  that  John  Deming  Esqr.  Auditer  of  Pub- 
lic accounts  may  be  Directed  to  Certify  what  was  due  to 
the  said  Joshua  Adams  Deceased. 

Resolved  that  John  Deming  Esqr.  be  directed  to  Certify 
to  the  Governor  and  Councel  in  favour  of  the  Lawful!  heirs 
of  Joshua  Adams  the  pay  or  arrears  of  Pay  due  to  the 
said  Joshua  Adams  a  Soldier  in  Colo.  Brooks  Regt.  and 
the  Treasurer  on  Receiving  a  warrant  is  hereby  directed 
to  Issue  his  note  or  notes  to  the  said  Benjamin  Adams 
administrator  as  aforesaid  in  the  same  way  and  manner  as 
has  been  practiced  in  paying  Other  Soldiers. 

September  21,  1793* 

Chapter  10. 

RESOLVE  DIRECTING  THE  TREASURER  TO   SUSPEND    PROCEED- 
INGS AGAINST  THE  TOWN  OF  ADAMS. 

On  the  petition  of  Israel  Jones  in  behalf  of  the  town 
of  Adams.  Resolved  for  reasons  therein  set  forth  that  the 
prayer  thereof  be  so  far  granted  that  the  treasurer  of  this 
Commonwealth  lie  and  hereby  is  directed  to  suspend  the 
operation  of  all  legal  proceeding[s]  against  the  inhabitants 
of  the  town  of  Adams  for  the  deficiencies  of  Luther  Rich 
a  late  Collector  of  said  town  till  after  the  first  day  of  June 
next.  September  21,  1793* 

Chapter  11. 

RESOLVE  ON  THE  ACCOUNTS  OF  THE  GUARDIANS  OF  THE  DUD- 
LEY  INDIANS. 

Whereas  it  appears  by  examining  the  account  presented 
by  the  Guardians  of  the  Dudly  Indians  from  January  9th 
1792  —  to  February  25th  1793  —  that  there  is  a  ballance 
in  favour  of  said  Guardians  (Including  a  ballance  due  to 
them  in  a  Settlement  made  January  ye  9th  1792  — )  of  the 
sum  of  fiftyseven  pounds  ten  shillings  &  seven  pence,  for 
articles  furnished  said  Indians  &c  : 

*  Not  signed  by  the  governor. 


574  Resolves,  1793.  —  September  Sesstok. 

Resolved,  that  the  aforesaid  Sum  of  Fiftyseven  pounds 
Ten  shillings  &  seven  pence,  be  allowed  and  Credited  as 
a  Ballance  due  to  said  Guardians  accordingly. 

September  23,  1793* 


Chapter  12. t 

ORDER  ON  THE   PETITION  OF  THOMAS   PEAGAN. 

On  the  petition  of  Thomas  Peagan  an  indian  man,  set- 
ting forth  that  he  has  been  at  great  ex  pence  in  supporting 
his  mother  in  her  last  sickness,  and  that  his  proportion  of 
the  lands  belonging  to  the  Dudley  Indians  has  been  set 
off  to  him  sixteen  years,  and  has  been  rented  for  at  least 
four  pounds  a  year,  and  that  he  has  never  received  any 
thing  from  the  Guardians  of  the  aforesaid  Indians. 

Ordered  that  the  said  Thomas  Peagan  notify  the  afore- 
said Guardians  to  appear  on  the  second  Wednesday  of  the 
next  sitting  of  the  General  Court  by  serving  them  with  an 
attested  copy  of  his  petition  and  this  order  thereon,  thirty 
days  at  least  before  the  time  above  prefixed,  and  shew 
cause,  if  any  they  have,  why  they  should  not  pay  to  the 
said  Peagan  the  proportion  which  he  claims  of  the  rent 
abovementioned.  September  23, 1793. 


Chapter  13. 

RESOLVE   ON  THE  PETITION   OF  JORDAN   PARKER. 

On  the  petition  of  Jordan  Parker  Agent  for  the  town 
of  George  town  in  behalf  of  Benjamin  Clifford  lately  a 
c[o] Hector  for  said  town. 

Resolved  that  for  reasons  set  forth  in  said  petition  the 
Execution  issued  by  the  Treasurer  of  the  Commonwealth 
against  the  said  Clifford  for  the  sum  of  one  hundred  & 
twenty  two  pounds  be  &  the  same  is  hereby  suspended 
untill  the  first  day  of  March  next  in  order  that  said  town 
of  George  town  may  have  opportunity  to  Defend  them- 
selves &  their  said  collector  —  and  the  treasurer  is  hereby 
directed  to  conduct  himself  accordingly. 

September  23,  1793* 

*  Not  signed  by  the  governor.  t  Taken  from  court  record. 


Resolves,  1793.  —  September  Session.  575 

Chapter  14. 

RESOLVE   ON   THE   PETITION  OF  HOPESTILL  CAPEN. 

On  the  petition  of  Hopestill  Capen  praying  compensa- 
tion for  an  Iron  Stove.  Resolved  tliat  tlie  prayer  thereof 
be  so  far  granted,  as  that  it  be  committed  to  the  Commit- 
tee on  Accounts  for  examination  and  allowance,  if  tlie 
demand  shall  appear  to  them  just  &  reasonable  any  Law 
or  Resolve  to  the  contrary  notwithstanding. 

September  23,  1793* 

Chapter  15. 

RESOLVE  REMITTING  £.308  11  8,  DUE  FROM  THE  TOWN  OF  DART- 
MOUTH. 

Whereas  by  a  Resolve  passed  March  third  one  thousand 
seven  hundred  &  ninety  two,  the  sum  of  three  hundred 
and  eight  pounds  eleven  shillings  &  eight  pence,  said  to 
be  a  balance  then  due  to  the  Common-wealth,  on  taxes 
numbered  one  and  two,  from  the  Town  of  Dartmouth,  is 
directed  to  be  remitted  to  said  Town  —  and  Whereas  it 
appears  that  said  Town  had  previous  to  the  time  of  pass- 
ing the  resolve  aforesaid,  paid  the  said  Taxes  of  number 
one  and  two,  and  that  the  aforesaid  sum  due  from  the 
Town  of  Dartmouth,  on  the  October  one  thousand  seven 
hundred  &  eighty  one  tax,  was  intended  by  said  Resolve 
to  be  remitted  : 

Resolved  that  the  aforesaid  Resolution  of  third  of  March 
one  thousand  seven  hundred  &  ninety  two,  be  and  hereby 
is  repealed,  and  that  the  sum  of  three  hundred  8g  eight 
pounds  eleven  shillings  &  eight  pence  due  from  the  Town 
of  Dartmouth,  on  October  seventeen  hundred  &  eighty 
one  Tax,  be  and  hereby  is  remitted,  and  the  Treasurer  is 
directed  to  govern  himself  accordingly. 

Sejytember  23,  1793* 

Chapter  16. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  REHOBOTH. 

On  the  Petition  of  the  Selectmen  of  the  Town  of  Reho- 
both  Praying  for  relefe  on  account  of  Abel  Carpenter  be- 
ing a  Deficiant  Collector  of  tax  number  two  for  said  town. 

*  Not  signed  by  the  governor. 


576  Resolves,  1793.  —  September  Session. 

Resolved  for  Reasons  Set  forth  in  Said  Petition,  that 
the  Prayer  thereof  be  So  far  granted,  that  the  treasurer 
of  this  Commonwealth  be,  and  he  is  hereby  authorised 
and  Directed  to  Receive  of  the  Selectmen  of  said  Reho- 
both  the  Sum  of  fifty-seven  Pounds  and  Six  Pence  in  gold 
and  Silver  in  full  for  the  Sum  of  one  hundred  and  forty- 
two  Pounds  Eleven  Shilings  and  two  Pence  Due  from 
Said  town  on  acount  of  Abel  Carpenter  Being  a  Deficiant 
Collector  of  numbr.  two  tax  for  Said  town  of  Rehoboth. 
Provided  the  Selectmen  of  Said  town  Shall  Pay  the  above 
mentioned  Sum  of  fifty-Seven  Pounds  and  Six  Pence  into 
the  treasury  of  this  Commonwealth  within  Six  mounths 
from  the  Passing  of  this  Resolve.     September  24,  1793  * 

Chapter  17. 

RESOLVE  AUTHORIZING  THE  TREASURER  TO  CREDIT  HAFFIELD 
WHITE  £.8  12  9. 

On  the  petition  of  HaflSeld  White  a  Collector  in  the 
Town  of  Danvers  for  the  year  1781  shewing  that  he  stands 
Charged  on  the  Book  of  the  Treasury  of  this  Common- 
wealth with  the  Sum  of  Eight  pounds  twelve  shillings  & 
9  pence  new-emetion  Money  and  praying  to  be  Dis- 
charged their  from  for  reasons  sett  fourth  in  Said  petition 
and  it  appearing  to  this  Court  that  the  Said  sum  hath  been 
paid  by  the  petitioner,  therefore 

Resolved  that  the  Treasurer  of  this  Commonwealth  be 
and  he  hearby  is  authorized  and  directed  to  credite  the 
Said  collector  the  aforsaid  Sum  of  eight  pounds  twelve 
shilling  &  9  pence  and  fully  Descharge  him  theirfrom. 

September  24,  1793* 

Chapter  18. 

RESOLVE  ON  THE  PETITION  OF  ASA  NOBLE. 

On  the  petition  of  Asa  Noble  praying  that  he  may  re- 
ceive the  wages  due  to  his  Son  Ashbel  Noble.  Resolved 
that  John  Deming  Esqr.  Certify  to  the  Governor  and 
Council  the  pay  or  arrears  of  pay  due  to  Ashbel  Noble 
for  his  Services  as  a  private  Soldier  in  Colo.  Shephards 
Regiment  —  and  the  Treasurer  on  receiving  a  warrant 
therefor  is  hereby  Directed  to  Issue  his  note  or  notes  to 

*  Not  signed  by  the  governor. 


Resolves,  1793.  —  September  Session.  577 

the  said  Asa  Noble  Father  and  heir  to  the  said  Ashbel 
Noble  in  the  same  way  and  manner  as  has  been  practiced 
in  paying  other  soldiers  for  Simelar  services. 

September  24,  1793* 

Chapter  19. 

RESOLVE    ON    THE    PETITION    OF    THE    REV.   SAMUEL    SPRING, 
GRANTING  HIM   £.18. 

On  the  Petition  of  the  Rev'd  Samuel  Spring  praying, 
that  he  may  be  compensated  for  his  service  as  Chaplin  in 
Colonel  Fellows's  Regiment  in  the  year  1775,  for  reasons 
set  forth  in  the  said  Petition. 

Resolved,  that  there  be  allowed  and  paid  out  of  the 
Public  Treasury  of  this  Commonwealth  to  the  Said  Samuel 
Spring  Eighteen  Pounds,  in  full  for  the  arrears  of  his  pay 
for  the  service  aforesaid.  September  24,  1793.* 

Chapter  30. 

RESOLVE   ON   THE   PETITION   OF  EZRA  BLODGETT. 

On  the  Petition  of  Ezra  Blodgett  Attorney  to  William 
Blake  a  private  Soldier  in  Colo.  Nixons  Regiment  pray- 
ing that  he  may  receive  the  wages  due  to  the  said  William 
Blake. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernor and  Council  the  pay  or  arrears  of  Pay  due  to  Wil- 
liam Blake  for  his  Services  as  a  private  Soldier  in  Colo. 
Nixon's  Regiment  and  the  Treasr.  on  Receiving  a  warrant 
therefor  is  hereby  directed  to  Issue  his  note  or  notes  to 
the  said  Ezra  Blodget  attorney  to  the  said  William  Blake 
—  in  the  same  way  and  manner  as  has  been  practiced  in 
paying  Other  Soldiers  for  Simelar  Services. 

September  24,  1793* 

Chapter  SOA.f 

ORDER    ON    THE    PETITION    OF    THE     INHABITANTS    OF    THE 
COUNTY    OF    LINCOLN. 

On  the  Petition  of  a  number  of  ye  Inhabitants  in  the 
County  of  Lincoln,  praying  that  an  act  made  July  16th 
1789  Intitled  an  Act  to  prevent  the  distruction  &  to  reg- 
ulate the  catehing  of  the  fish,  called,  Salmon,  Shad,  & 
Alewives,  in  the  rivers  &  streames  in  the  County  of  Cum- 

*  Not  signed  by  the  governor.  f  Not  printed  in  previous  editions. 


578  Resolves,  1793.  —  September  Session. 

berland  &  Lincoln  —  Be  in  its  opperation  so  far  sus- 
pended as  it  respects  a  stream  called  mile  brook  issuing 
from  a  pond  in  or  near  the  Northeast  corner  of  the  Town 
of  Vassalborough  in  said  County  of  Lincoln,  runing 
through  said  Vassalborough  &  partly  through  the  Town 
of  Winslow,  &  emtying  into  the  river  Sebesticook  about 
one  mile  above  fort  Hallifax. 

Ordered  that  the  Petitioners  cause  the  before  mentioned 
petition  with  this  Order  to  be  published  six  weeks  in  the 
Eastern  Herald  previous  to  the  next  sessions  of  the  Gen- 
eral Court,  that  the  Inhabitants  or  any  other  person  con- 
cerned, may  shew  cause  if  any  they  have,  on  the  second 
Wednesday  of  the  next  Sessions  of  the  General  Court 
why  the  Prayer  of  said  petition  should  not  be  granted. 

September  24,  1793. 

Chapter  31. 

RESOLVE   CONFIRMING  THE   DOINGS  OF  WILLIAM  HEATH,  ESQ. 
JUDGE  OF  PROBATE  OF   NORFOLK  COUNTY;  HE  PAYING  FEE. 

On  the  Petition  of  Wm.  Heath  Esq.  Judge  of  Probate 
for  the  County  of  Norfolk,  praying  a  Confirmation  of  his 
Acts  in  his  said  Office,  the  not  paying  the  Duty  imposed 
on  his  said  Commission,  notwithstanding. 

JResolved,  that  the  Doings  of  the  said  William  Heath  in 
his  said  Capacity  of  Judge  of  Probate  for  the  County  of 
Norfolk  be  &  they  hereby  are  confirmed  &  made  valid 
although  he  has  from  w^ant  of  a  Collector  of  Excise  in  said 
County  not  yet  paid  the  Duty  by  Law  ordered  to  be  paid 
on  said  Commission  —  Provided  said  William  Heath  pay 
the  same  to  the  Treasurer  of  this  Commonwealth  in  ten 
Days  from  the  passing  of  this  Resolve.  And  the  Treas- 
urer of  this  Commonwealth  is  authorised  &  directed  to 
Receive  the  same  accordingly,  and  payment  to  the  said 
Treasurer  shall  operate  in  the  same  manner  as  tho'  the 
same  w^as  made  to  the  Collector  of  Excise. 

SeiMmher  24^1793* 

Chapter  33. 

RESOLVE   ON  THE   PETITION   OF  THOMAS  INGERSOL. 

On  the  petition  of  Thomas  Ingersol  collector  of  taxes 
in  the  town  of  Great  Barrington  in  the  place  of  John 
Hecox. 

*  Not  signed  by  the  governor. 


Resolves,  1793.  —  September  Session.  579 

Resolved  that  the  Sheriff  of  the  County  of  Ber[^-]  shire  be 
and  is  hereby  impovvered  and  derected  to  return  into  the 
Treasury's  office  an  execution  in  his  hands  issued  in  July 
last  for  the  sum  of  four  hundred  and  twenty  four  pounds 
14/2  against  said  John  Hecox  for  so  much  supposed  to 
be  due  on  tax  No.  3  from  him  ;  that  the  same  Town  & 
collectors  be  discharged  from  that  sum  and  the  same  be 
charged  to  Caleb  Hide  late  Sheriff  of  that  county  and 
that  "he  the  said  Hide  be  required  to  pay  the  same  into 
the  Treasury  it  appearing  by  his  receipt  he  received  that 
sum  &  has  not  rendered  any  account  thereof. 

September  25,  1793* 

Chapter  23. 

RESOLVE  MAKING   AN    ADDITION  TO    THE   PENSION    OF    DAA^ID 

FOSTER. 

On  the  petition  of  David  Foster  of  Pembroke  a  pen- 
sioner of  this  Commonwealth,  praying  that  his  pension 
may  be  increased. 

Resolved  for  reasons  set  forth  in  his  petition  that  there 
be  Allowed  &  paid  out  of  the  Treasury  of  this  Common- 
wealth, to  the  said  David  Fostor  a  further  sum  of  Three 
pounds  &  Twelve  shillings  —  annually  as  a  pension;  in 
addition  to  Twelve  pounds  already  established  upon  him 
for  Life.  September  25,  1793  * 

Chapter  33a. t 

ORDER  ON  THE  PETITION  OF  DAVID  SMEED  AND  OTHERS. 

On  the  petition  of  David  Smeed,  William  Young  Ben- 
jamin Nash  &  Hugh  McClallen,  praying  for  an  Assess- 
ment on  the  Bullock  Grant  of  land  so  called  on  Hoosuck 
Mountain  in  the  County  of  Berkshire  for  the  purpose  of 
Making  a  public  Road  ovr.  said  Mountain. 

Ordered  that  the  proprietors  of  Said  Grant  be  notified 
to  Appear  on  the  second  Wednesday  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, 
and  that  the  said  Petitioners  furnish  the  Clerk  of  said 
Proprietors  with  a  Copy  of  their  Petition,  with  this  Order 
thereon  thirty  days  at  least  before  the  said  second  Wednes- 
day. September  25,  1793. 

*  Not  signed  by  the  governor.  t  Not  printed  in  previous  editions. 


580  Resolves,  1793.  —  September  Session. 


Chapter  34. 

RESOLVE  AUTHORIZING  JOHN  NOYES  TO  EXECUTE  A  DEED 

OF  LAND, 

On  the  petition  of  John  Noyes  the  only  surviving 
Admor.  on  the  estate  of  John  Noyes  Esqr.  late  of  East 
Sudbury  deed,  praying  to  be  authorized  to  make  &  execute 
a  good  &  sufficient  deed  of  a  certain  tract  of  land  lying 
in  the  town  of  Charlton  in  the  County  of  AVorcester 
which  hath  been  set  off  to  him  &  Joseph  Curtis  Esqr. 
(since  deed.)  as  admors.  on  the  estate  of  the  said  John 
Noyes  deed,  to  answer  an  execution  in  favr.  of  his  estate 
against  Jacob  Davis  Esqr.  which  debt  appeareth  not  to  be 
the  property  of  the  heirs  of  the  said  John  deed,  but  to 
be  the  property  of  Ezra  Taylor  Esqr. 

Resolved  for  reasons  set  forth  in  said  petition  that  the 
said  John  Noyes  be  &  he  is  hereby  authorized  and  em- 
powered in  his  said  capacity  to  make  &  execute  a  good 
&  sufficient  deed  of  the  said  land  set  ofi'  as  aforesaid 
with  its  appurtenances  to  the  said  Ezra  Taylor  or  to  his 
heirs  which  deed  when  made  &  fully  executed  shall  be 
valid  in  law.  September  25,  1793  * 

Chapter  25. 

RESOLVE  GRANTING   £.18  TO  ISAAC  PEIRCE. 

Resolved  that  there  be  allowed  and  paid  out  of  the  pub- 
lic Treasury  to  Isaac  Peirce  messenger  to  the  Governor 
and  Council  the  sum  of  Eighteen  pounds  to  enable  him 
to  procure  for  the  Council  Chamber  and  Secretary's  Office 
such  articles  as  shall  be  found  necessary,  he  to  be  account- 
able for  the  same.  September  25,  1793. 

Chapter  35a. t 

ORDER  ON  THE  PETITION  OF  NATHANIEL  FISHER  AND  OTHERS. 

On  the  petition  of  Nathaniel  Fisher,  James  Pope,  and 
Jesse  Smith,  praying  that  the  proprietors  of  certain 
MeadoAV  land  therein  described  may  be  incorporated  into 
a  Common  field  &c. 

Ordered  that  the  petitioners  notify  all  concerned  to 
appear  on  the  second  Friday  of  the  next  session  of  the 

•  Not  signed  by  the  governor. 

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


Resolves,  1793.  —  Septeimber  Session.  581 

General  Court,  by  causing  to  be  published  in  the  Inde- 
pendent Chronicle  three  weeks  successively,  thirty  days 
at  least  before  said  term,  an  attested  copy  of  said  peti- 
tion, and  this  order,  that  they  may  appear  on  said  day, 
and  shew  cause,  if  any  they  have,  why  the  prayer  thereof 
should  not  be  granted.  September  25,  1793. 

Chapter  26. 

RESOLVE   ON  THE  PETITION  OF  BENJAMIN    WHITTEMORE  WIL- 
LARD  AND  OTHERS. 

On  the  Petition  of  Benjamin  Whittemore  Willard, 
Paul  Willard:  &  William  Willard:  setting  forth  that 
they  purchased  of  the  administrator  on  Aaron  Willards 
estate,  a  certain  Tract  of  land  lying  partly  in  Lancester 
&  partly  in  Harvard  in  which  this  Commonwealth  has  a 
Just  claim  :  &  prayino-  that  they  may  be  secured  in  their 
Title. 

Resolved  that  the  prayer  of  said  Petition  be  granted 
&  that  the  Honorable  James  Sullivan  esqr.  be  &  hereby 
is  fully  authorized  and  impowred  to  convey  to  the  said 
Petitioners  all  the  right  &  Title  this  Commonwealth  hath 
in  the  estate  above  mentioned  &  to  make  &  execute  a 
Deed  thereof  if  the  said  petitioners  shall  pay  into  the 
Treasury  of  this  Commonwealth  before  the  executing  the 
said  deed  the  sum  of  three  Hundred  pounds  :  or  give 
good  security  for  the  payment  of  that  sum  with  interest 
to  the  satisfaction  of  the  said  James  Sullivan  and  at  such 
time  as  shall  be  agreed  on  between  the  said  James  and 
the  Petitioners.  September  26,  1793* 

Chapter  211. 

RESOLVE   FOR  PAYING  MEMBERS  OF  THE   GENERAL  COURT. 

Resolved  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth  to  each  of  the  members 
of  the  Honourable  Council,  Senate  and  house  of  Represent- 
atives nine  shillings  for  each  days  attendance  and  a  like 
sum  for  every  ten  miles  travel. 

And  be  it  further  Resolved  That  there  be  allowed  and 
paid  as  above  to  the  Hon.  Samuel  Phillips  Esq.  President 
of  the  Senate  and  to  the  Hon.  Edward  Hutchinson  Eob- 

*  Not  signed  by  the  governor. 


582  Resolves,  1793.  —  September  Session. 

bins  Esq.  Speaker  of  the  house  of  Representatives  six 
shillings  each  for  every  days  attendance  over  and  above 
their  pay  as  members  of  the  Legislature  as  above  stated  ; 
&  that  the  treasurer  of  the  Commonwealth  be  &  he 
hereby  is  directed  and  ordered  to  pay  to  the  respective 
members  accordingly  out  of  the  money  in  the  treasury 
not  already  appropriated  upon  his  receiving  a  warrant 
therefor  from  his  Excellency  the  Governour  with  advice  of 
Council.  September  26,  1793. 


Chapter  27a.* 

ORDER  ON  THE  PETITION  OF   JAMES  BRIGGS. 

On  the  petition  of  James  Briggs  praying  that  the  Ad- 
ministrators of  James  Briggs  the  3d.  Decsd.  may  be 
impowered  to  give  and  Execute  to  him  a  deed  of  a  Cer- 
tain piece  of  Salt  marsh  part  of  the  Estate  of  the  said 
James  Briggs  Decsd.  for  reasons  set  forth  in  his  Petition. 

Ordered  that  the  Petitioner  notify  all  concerned,  by 
leaving  with  the  Guardians  to  the  Heirs  of  the  said  James 
Briggs  Decsd.  (if  any  there  be)  and  with  the  administra- 
tors to  said  Estate  an  attested  copy  of  his  petition  and 
this  order  thereon  at  least  fourteen  day  \_sl  before  the  Sec- 
ond Wednesday  of  the  next  seting  of  the  General  Court 
that  they  at  that  time  may  appear  &  shew  cause  if  any 
they  have  why  the  prayer  of  said  Petition  should  not  be 
granted.  September  26,  1793. 

Chapter  28. 

RESOLVE  GRANTING    15*.   TO   JAMES   HILL. 

On  the  Petition  of  James  Hill  Praying  for  his  Extra 
Pay  for  his  Service  as  a  Lieut,  at  Rhodisland  for  the  Term 
of  Six  Weeks. 

Resolved  for  reasons  Set  forth  in  Said  Petition  that  the 
Prayer  thereof  be  granted  and  that  there  be  paid  to  the 
said  James  Hill  out  of  the  Treasury  of  this  Common- 
wealth the  Sum  of  fifteen  Shillings  it  being  the  Specie 
value  of  the  Extra  pay  for  the  Service  aforesaid. 

September  26,  1793. t 

*  Not  printed  in  previous  editions.  t  Not  signed  by  the  governor. 


Resolves,  1793.  —  September  Session.  583 


Chapter  39. 

RESOLVE    GRANTING  £.2    2  6  TO   ELI    CLAP,  AND   £.2    4    TO  NA- 
THANIEL SEA[i?]L,   JUN. 

On  the  Petition  of  Nathaniel  Seaf  ?']  1  Junior  and  Eli  Clap. 
Resolved  that  there  be  allowed  and  paid  out  of  the  public 
Treasury  of  this  Commonwealth  to  the  said  Nathaniel 
Sea[r]l,  Junior  Two  pounds  four  Shillings  and  to  the  said 
Eli  Clap  Two  pounds  two  Shillings  and  six  pence  in  full 
for  their  respective  Fire  arms  and  other  things  mentioned 
in  their  petition  which  they  lost  in  the  public  Service  in 
the  year  1787.  September  26,  1793* 

Chapter  39A.t 

ORDER    ON    PETITION    OF    THOMAS    KITTERIDGE    AND    BENJA- 
MIN  FARNUM. 

On  the  petition  of  Thomas  Kitteridge  &  Benjamin  Far- 
num,  Agents  in  behalf  of  the  town  of  Andover,  praying 
that  an  Act  may  be  passed,  securing  said  town  from 
charge  and  expence  for  roads,  conformably  to  the  true 
intent  and  meaning  of  the  agreement  betwixt  the  agents 
of  said  town,  and  the  agent  for  the  Proprietors  of  Ando- 
ver Bridge  in  the  County  of  Essex. 

Ordered  that  the  said  petitioners  notify  the  proprietors 
of  the  said  Bridge,  by  serving  their  Clerk  with  an  attested 
copy  of  their  said  petition,  and  this  order  thereon,  thirty 
days  at  least,  before  the  second  Wednesday  of  the  next 
sitting  of  the  General  Court,  that  they  may  appear  on 
said  day  and  shew  cause,  if  any  they  have,  why  the  prayer 
of  the  said  petition  should  not  be  granted. 

September  26,  1793. 

Chapter  30. 

RESOLVE  ON  THE   PETITION  OF    SAMUEL  TARBELL. 

On  the  petition  of  Samuel  Tarbell  setting  forth  that  he 
is  a  creditor  of  the  estate  of  Jonas  Cutler  late  of  Groton 
in  the  county  of  middlesex  deceased  —  And  that  commis- 
sioners were  duly  appointed  to  receive  and  examine  the 
several  claims  to  said  estate,  that  a  list  of  claims  have 

*  Not  signed  by  the  governor. 

t  Not  printed  in  previous  editions.    Taken  from  court  record, 


584  Resolves,  1793.  —  SErTEMBER  Sessioi^. 

been  returned  and  the  Judge  of  probate  has  decreed 
thereon  during  all  which  time  the  said  Tarbell  was  out  of 
this  commonwealth  in  parts  beyond  sea ;  and  that  consid- 
erable estate  yet  remains  to  be  apportioned  to  and  among 
the  several  creditors  to  said  Estate,     therefore 

Resolved  that  the  honble.  Oliver  Prescott  Esqr.  Judge 
of  probate  for  said  county  of  middlesex  Be  and  he  hereby 
is  impowered  to  Issue  a  Commission  granting  a  further 
time  for  the  commissioners  who  were  appointed  on  said 
estate  to  receive  and  Examine  the  claims  of  the  several 
creditors  to  said  estate  —  and  if  the  same  shall  be  found 
due  to  decree  to  the  said  Claimants  a  proportion  of  said 
Estate  equal  to  what  the  other  creditors  of  said  Estate 
have  received  and  may  receive  from  said  Estate. 

September  27,  1793  * 

Chapter  31. 

RESOLVE  ON  THE  PETITION  OF  THE  HEIRS  AND  REPRESENT- 
ATIVES OF  THE  HEIRS  OF  BRIGADIER-GENERAL  WALDO, 
DECEASED. 

On  the  petition  of  the  heirs  and  representatives  of  the 
heirs  of  Brigadier  Genl.  AValdo  deed,  praying  for  a  remis- 
sion of  such  part  of  the  taxes  assessed  upon  them  as  now 
remains  unpaid. 

Resolved  that  all  further  measures  for  collecting  or  en- 
forcing the  payment  of  said  taxes  be  suspended  until  the 
third  Wednesday  of  the  next  sitting  of  the  Genl.  Court  & 
the  Treasurer  of  the  Commonwealth  &  all  others  con- 
cerned are  required  to  govern  themselves  accordingly. 

September  27,  1793* 

Chapter  33. 

RESOLVE   ON  THE   PETITION   OF  JEREMIAH  LAKE. 

On  the  petition  of  Jeremiah  Lake  praying  that  he  may 
receive  the  wages  due  to  him  as  a  Soldier  in  Colo.  Bige- 
lows  Regiment. 

Resolved  that  the  prayer  thereof  be  Granted  and  that 
John  Deming  Esqr.  Certify  to  the  Governor  and  Council 
the  pay  or  arrears  of  pay  due  to  the  said  Jeremiah  Lake 
for  his  services  as  a  Soldier  in  Colo.  Bio^elows  Remment 
and  the  Treasurer  on  receiving   a  Warrant  therefor  is 

*  Not  signed  by  the  governor. 


Kesolves,  1793.  —  September  Session.  585 

hereby  directed  to  Issue  his  note  or  notes  to  the  said  Jer- 
emiah Lake  in  the  same  way  as  has  been  practiced  in  pay- 
ing other  Soldiers  for  Simelar  Services. 

September  27,  1793* 


Chapter  32A.t 

ORDER  ON  THE   PETITION   OF  NATHANIEL  B.  DOUD. 

On  the  petition  of  Nathaniel  B,  Doud  agent  for  a  num- 
ber of  petitioners  of  the  towns  of  Sandisfield  Tyring- 
ham,  New  Marlborough  and  Great  Barrington  praying  to 
be  incorporated  into  a  religious  Society,  by  the  name  of 
the  first  Baptist  Society  of  Sandisfield. 

Ordered  that  the  petitioners  notify  the  said  towns 
of  Sandisfield,  Tyringhani,  New  Marlborough,  &  Great 
Barrington  by  lodging  w^ith  the  Clerks  of  the  several 
towns,  an  attested  copy  of  their  said  petition  and  this 
order  thereon  thirty  days  before  the  second  AVednesday 
of  the  next  session  of  the  General  Court,  to  appear  on 
said  day  and  shew  cause,  if  any  they  have,  why  the  prayer 
of  said  petition  should  not  be  granted. 

September  27,  1793. 


Chapter  33. 

RESOLVE  ON   THE   PETITION   OF  EPHRAIM   RUSSELL. 

On  the  petition  of  Ephraim  Russell  praying  that  he 
may  receive  the  wages  due  to  his  Son  Nathaniel  Russell 
a  Soldier  in  Colo.  Baileys  Regiment  who  died  in  the 
army. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
orner  and  Council  the  pay  or  arrears  of  pay  due  to  the 
said  Nathaniel  Russell  for  his  Services  as  a  Soldier  in 
Colo.  Baileys  Regiment  and  the  Treasurer  on  Receiving 
a  warrant  therefor  is  hereby  Directed  to  Issue  his  note  or 
notes  to  the  said  Ephraim  Russell  Administrator  on  the 
Estate  of  Nathaniel  Russell  in  the  same  way  and  manner 
as  other  soldiers  have  been  paid  for  simelar  services. 

September  27,  1793* 

*  Not  signed  by  the  governor. 

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


586  Resolves,  1793.  —  September  Session. 


Chapter  34. 

RESOLVE   ON   THE   PETITION  OF  JOSHUA  OSGOOD,   JUN. 

On  the  Petition  of  Joshua  Osgood  Junr.  praying  that 
a  judgment  obtained  against  him  by  one  Josiah  Abbot 
may  be  set  a  Side,  for  reasons  Set  forth  in  the  Said  Peti- 
tion. 

Resolved,  that  the  Said  Joshua  Osgood  Junr.  Serve  the 
Said  Josiah  Abbot  with  an  Attested  Copy  of  his  Said 
Petition  &  this  Resolve  at  Least  twenty  Days  before  the 
Second  Wednesday  of  the  next  Setting  of  the  General 
Court,  that  he  may  appear  and  Shew  Cause,  if  any  can 
be  Shewn,  on  the  Said  Day,  why  the  prayer  of  the  Said 
Petition  should  not  be  granted  and  that  Execution  be 
stayed  in  the  mean  time.  September  27,  1793.* 

Chapter  35. 

RESOLVE    ON   THE   PETITION   OF   JOSEPH   HOBBS. 

On  the  petition  of  Joseph  Hobbs  one  of  the  Consta- 
bles of  the  town  of  Wells  praying  to  be  discharged 
from  Eighty  one  pounds  ten  shillings  &  five  pence  paid 
Johnson  Moulton  Esqr.  deed,  late  Sheriff  of  the  County 
of  York  in  part  of  an  Execution  for  tax  Number  five  on 
which  the  said  Joseph  was  committed  as  appears  from  two 
receipts  signed  by  the  said  Sheriff*. 

Resolved  that  the  said  Joseph  be  directed  to  deliver  said 
receipts  to  the  Treasurer  of  this  Commonwealth  &  there- 
upon that  the  said  Treasurer  be  directed  to  discharge  the 
said  Joseph  from  the  said  sum  &  to  demand  &  receive  the 
same  of  the  Executors  of  the  last  AVill  of  the  said  Sheriff" 
or  of  any  other  person  or  persons  who  were  answerable 
for  the  conduct  of  the  said  Sheriff'  whilst  in  Office. 

September  27,  1793* 

Chapter  36. 

RESOLVE   ON  THE   PETITION  OF  JOSEPH  LOPEZ, 

On  the  Petition  of  Joseph  Lopez  Administrator  on  the 
Estate  of  Aaron  Lopez  late  of  Leicester  in  the  County  of 
Worcester  deceased  praying  that  a  further  time  may  be 

*  Not  signed  by  the  governor. 


Resolves,  1793.  —  September  Session.  587 

allowed  for  brino-ino:  in  &  exhibitino;  claims  as^ainst  the 
Estate  of  the  said  Aaron. 

Resolved  That  the  Judge  of  Probate  of  Wills  &c.  within 
&  for  the  County  of  Worcester  be  and  he  hereby  is  au- 
thorized to  extend  the  Commission  of  the  Persons  hereto- " 
fore  by  him  appointed  to  hear  &  examine  the  claims 
against  the  said  Estate  or  to  appoint  other  Persons  for 
that  purpose,  and  that  he  grant  the  further  time  of  nine 
Months  from  the  day  of  passing  this  Resolve  for  them  to 
make  their  Report  to  him  according  to  Law  —  any  Law 
or  Resolve  to  the  contrary  notwithstanding. 

September  27,  1793* 

Chapter  37. 

RESOLVE  GRANTING  £.40  8  8,  TO  THOMAS  LAWS,  IN  A  NOTE. 

On  the  petition  of  Thomas  Laws.  Resolved  that  there 
be  allowed  and  paid  to  the  said  Thomas  Law^s  the  sum  of 
forty  pounds  eight  shillings  &  eight  pence,  in  a  Specie 
Note  for  a  deduction  made  from  his  wages  as  a  Soldier  in 
Colo.  Timothy  Bigelows  Regiment,  in  the  late  Continental 
Army,  Said  deduction  being  the  amount  of  his  Town 
Bounty  from  the  Town  of  Stow,  and  which  he  appears 
to  be  entitled  to,  and  that  the  Treasurer  be  and  he  is 
hereby  directed  to  Issue  a  Note  to  the  Said  Laws  for  that 
sum,  bearing  date  the  same  time  which  notes  in  simalar 
Cases  have  heretofore  born  date.      September  27,  1793  * 

Chapter  38. 

RESOLVE   ALLOWING   EXTRA   PAY   TO   THE  COMMITTEE  ON  AC- 
COUNTS. 

Resolved  that  there  [6e]  allowed  and  paid  out  of  the  Pub- 
lic Treasury  of  this  Common-wealth,  in  the  same  manner 
as  the  members  of  the  General  Court  are  paid,  for  their 
travel  and  attendance  the  present  session,  to  the  Commit- 
tee appointed  to  examine  and  pass  on  Accounts,  for  their 
services  on  said  Committee,  the  following  sums  in  addi- 
tion to  their  pay  as  Members  of  the  Legislature,  vizt.  to 
the  honble.  Joseph  Hosmer  Esqr.  for  nine  days  attend- 
ance the  sum  of  fifteen  shillings  —  to  the  Honble.  Stephen 
Metcalf  Esqr.  for  six  days  the  sum  of  ten  shillings  —  to 
Samuel  Flagg  Esqr.  for  nine  days  the  sum  of  fifteen  shil- 

*  Not  signed  by  tbe  governor. 


588  Resolves,  1793.  —  September  Session. 

lings  to  Benjamin  Read  Esqr.  for  four  days  the  sum  of 
six  shillings  and  eight  pence  to  Joseph  Tucker  Esqr.  for 
four  days  the  sum  of  six  shillings  and  eight  pence  which 
sums  shall  be  in  full  for  their  services  as  aforesaid. 

September  27,1793. 

Chapter  39. 

RESOLVE  ON  THE  PETITION  OF  THE  TOWN  OF  SANDISFIELD. 

On  the  Petition  of  John  Picket  Jur.  Esqr.  In  behalf  of 
the  Town  of  Sandisfield  Praying  that  the  Treasurer  be 
directed  to  Credit  the  Town  of  Sandisfield  the  Sum  of 
Thirty  six  pounds  Seventeen  shillings  and  one  penny. 

Resolved  for  reasons  Set  forth  In  said  Petition  that  the 
Prayer  thereof  be  granted  and  that  the  Treasurer  of  This 
Commonwealth  be  directed  to  Credit  the  Town  of  Sandis- 
field the  Sum  of  Thirty  Six  pounds  Seventeen  shillings 
And  One  penny  on  No.  3  Tax.         September  27,  1793.* 

Chapter  40. 

RESOLVE  ESTABLISHING  THE  PAY  OF  THE  NON-COMMISSIONED 
OFFICERS  AND  MATROSSES  OF  THE  GARRISON,  AT  CASTLE 
ISLAND. 

On  the  Petition  of  the  Non-commissioned  Officers  & 
Matrosses  on  Castale  Island.  Resolved  that  there  be  paid 
out  of  the  Publick  Treasurey  of  this  Common  welth,  to  each 
Non-commissioned  officer  &  Matross  on  Castale  Island 
from  the  twenty  first  day  of  Septr.  instant,  the  following 
sums  per  month  in  the  same  manner  as  they  have  hereto- 
fore been  paid  : 

to  each  Quarter  Gunner  two  pound  ten  Shillings 
to  each  Serjeant  two  pound  eight  Shilling 

to  each  Corporl.  two  pound  four  Shilling 

to  each  Drummer  &  fifer  two  pound  four  Shilling 
to  each  Matross  two  pound 

September  27,  1793.* 

Chapter  41. 

RESOLVE  GRANTING  £.28  1  11  TO  THE  SELECTMEN  OF  THE  TOWN 

OF  MILTON. 

On  the  Petition  of  the  Selectmen  of  Milton.  Resolved 
that  the  Pra^^er  thereof  be  granted,  and  that  there  be  al- 

*  Not  signed  by  the  governor. 


Eesolves,  1793.  —  September  Session.  589 

lowed  &  paid  out  of  the  Treasury  of  this  Commonwealth 
to  the  Selectmen,  of  the  town  of  Milton  ;  for  the  use  of 
the  Inhabitants  thereof,  the  sum  of  twenty  eight  pounds 
one  shilling  &  eleven  pence  in  full  for  their  Disbursments 
on  Account  of  Benjamin  Smith  a  soldier  in  the  six  months 
service  for  the  year  1780.  September  27,  1793  * 

Chapter  43. 

RESOLVE  ON  THE  PETITION  OF  BARTLETT  HOLMES. 

On  the  petition  of  Bartlett  Holmes.  Resolved,  That 
the  sum  of  Eighteen  pounds,  sixteen  shillings,  &  two 
pence,  which  appears  on  the  Treasury  Book  to  be  due  to 
the  Commonwealth  from  the  said  Bartlett  Collector  for 
the  Town  of  Plymouth  in  the  year  1781  be  and  hereby  is 
abated  :  the  same  appearing  to  have  been  charged  against 
him  by  mistake.  September  27,  1793  * 

Chapter  43. 

RESOLVE  ON  THE  PETITION  OF  ROBERT  BANCROFT. 

On  the  petition  of  Robert  Bancroft  a  private  soldier  in 
Col.  Crane's  regiment  of  artillery  praying  that  he  may 
receive  the  wages  due  to  him  for  his  Service. 

Resolved  That  John  Demming  Esq.  certify  to  the 
Governour  and  Council  the  pay  or  arrears  of  pay  due  to 
the  said  Robert  Bancroft  for  his  service  as  a  private  soldier 
in  Col.  Crane's  regiment ;  and  the  treasurer  of  the  Com- 
monwealth on  receiving  a  warrant  is  hereby  directed  to 
issue  his  note  or  notes  to  the  said  Robert  Bancroft  in 
the  same  way  &  manner  as  has  been  practised  in  paying 
other  soldiers  any  law  or  resolve  to  the  contrary  notwith- 
standing. September  27,  1793  * 

Chapter  44. 

RESOLVE    RENDERING    VALID   DUTIES    OF    CERTAIN    OFFICERS 
WHO  HAVE  NOT  PAID  THE  FEE  REQUIRED  BY  LAW. 

Whereas  it  appears  to  this  Court  that  a  number  of  civil 
Officers  within  this  Commonwealth  who  have  been  ap- 
pointed &  commissioned  have  been  prevented  paying  the 
fee  or  duty  on  their  Commissions  by  law  directed  from 
misapprehension  of  the  law  by  the  Officers  whose  duty  it 

*  Not  signed  by  the  governor. 


590  Resolves,  1793.  —  September  Session. 

was  to  receive  such  fee  &  doubts  have  arisen  respecting 
the  validity  of  their  acts  &  doings  in  their  several  Offices, 
Therefore 

Resolved  that  the  proceedings  acts  &  doings  of  the 
aforesaid  civil  officers  in  their  several  offices  be  &  hereby 
are  made  &  declared  to  be  as  legal  and  valid  to  all  intents 
&  purposes  as  the  same  would  have  been  if  the  fee  or  duty 
aforesaid  had  been  paid  conformably  to  law  —  Provided 
that  the  said  officers  shall  pay  the  legal  fees  or  duty  on 
their  several  commissions  to  the  Treasurer  of  this  Com- 
monwealth within  sixty  days  from  the  passing  this  Resolve 
&  the  said  Treasurer  is  hereby  authorized  &  directed  to 
receive  such  fee  &  to  give  duplicate  receipts  tor  the  same 
one  of  which  shall  be  lodged  in  the  Secretaries  Office. 

September  27,  1793* 

Chapter  4:4A.t 

ORDER  ON  THE  PETITION  OF  SOLOMON  RALPH  AND  OTHERS. 

On  the  petition  of  Solomon  Ralph,    Samuel  Russell, 

'  Simeon  Allen,  &  Uriah  Moore,  praying  that  they,  with 

certain  lands  described  in  said  petition  may  be  set  oft' 

from  the  town  of  Hubbardston,  and  annexed  to  the  town 

of  Princeton. 

Ordered  that  the  said  petitioners  notify  the  town  of 
Hubbardston  and  Princeton,  by  lodging  with  the  Clerks 
of  said  Towns  respectively  an  attested  copy  of  their  said 
petition  &  this  order,  thirty  days  before  the  third  Tues- 
day of  the  next  sitting  of  the  General  Court,  that  the}^  or 
either  of  them  may  appear  on  said  day  and  shew  cause,  if 
any  they  have,  why  the  prayer  of  said  petition  should  not 
be  granted.  Sejitember  27,  1793. 

Chapter  45. 

RESOLVE  ON  THE  QUESTION  OF  THE  SUABILITY  OF  A  STATE. 

Whereas  a  decision  has  been  had  in  the  Supreme  Judi- 
cial Court  of  the  United  States  that  a  State  may  be  sued 
in  the  said  Court  by  a  Citizen  of  another  State,  which  de- 
cision appears  to  have  been  grounded  on  the  second  sec- 
tion of  the  third  article  in  the  Constitution  of  the  United 
States : 

Resolved  that  a  power  claimed  or  which  may  be  claimed, 

*  Not  signed  by  the  governor. 

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


Resolves,  1793.  —  September  Session.  591 

of  corapellino:  a  State  to  be  made  defendant  in  any  Court 
of  the  United  States  at  the  suit  of  an  individual  or  indi- 
viduals is,  in  the  opinion  of  this  Legislature,  unnecessary 
&  inexpedient,  and  in  it's  exercise  dangerous  to  the  peace 
safety  and  independence  of  the  several  States  and  repug- 
nant to  the  first  principles  of  a  federal  Government  — 
Therefore 

Resolved  that  the  Senators  from  this  State  in  the  Con- 
gress of  the  United  States  be,  and  they  hereby  are  in- 
structed, and  the  Representatives  requested  to  adopt  the 
most  speedy  and  effectual  measures  in  their  power  to  ob- 
tain such  amendments  in  the  Constitution  of  the  United 
States  as  will  remove  any  clause  or  article  of  the  said 
Constitution  which  can  be  construed  to  imply  or  justify  a 
decision  that  a  State  is  compellable  to  answer  in  any  suit 
by  an  individual  or  individuals  in  any  Court  of  the  United 
States — And  his  Excellency  the  Governor  is  hereby  re- 
quested to  communicate  the  foregoing  resolves  to  the  Su- 
preme Executives  of  the  several  States,  to  be  submitted  to 
the  consideration  of  their  respective  Legislatures. 

September  27,  1793* 

Chapter  45A.t 

ORDER  ON  THE  PETITION  OF  SETU  HASTINGS. 

On  the  petition  of  Seth  Hastings  praying  that  the  Judge 
of  Probate  for  the  County  of  Middlesex  may  be  empow- 
ered to  appoint  Commissioners  to  examine  his  claim  on 
the  estate  of  Ephraim  Jackson  late  of  Newton  deceased. 

Ordered  that  the  petitioner  notify  the  Administrator  on 
said  Jackson's  estate,  by  serving  him  with  an  attested 
copy  of  the  petition  aforesaid  and  of  this  order  thereon, 
fourteen  days  at  least  before  the  second  Wednesday  of 
the  next  sitting  of  the  General  Court  that  he  may  appear 
on  the  said  Wednesday,  and  shew  cause  if  any  he  has 
why  the  prayer  of  said  petition  may  not  be  granted. 

September  28,  1793. 

Chapter  46. 

RESOLVE  GRANTING  £.15  6  TO  THOMAS  GREEN. 

Resolved  that  there  be  allowed  &  paid  out  of  the  public 
Treasury  of  this  Commonwealth  to  Thomas  Green,  assist- 

*  Approved  September  27,  1793. 

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


592  Resolves,  1793.  —  September  Session. 

ant  Clerk  in  the  Senate  Fifteen  pounds  six  shillings,  in 
full  for  his  services  the  last  &  the  present  Sessions  of  the 
Genl.  Court.  September  28,  1793. 

Chapter  47. 

RESOLVE  GRA.NTING  £.16  TO  THE  CLERKS  OF  THE  SENATE  AND 

HOUSE. 

Resolved,  that  there  be  allowed  &  paid  out  of  the  public 
Treasury  to  Samuel  Cooper  Esq.  Clerk  of  the  Senate  six- 
teen Pounds,  &  to  Henry  Warren  Esq.  Clerk  of  the  House 
of  Representatives  sixteen  Pounds  on  account  of  their  ser- 
vices as  Clerks  aforesaid  the  present  year  they  to  be  ac- 
countable for  the  same  respectively  —  And  the  Governor 
is  requested  to  draw  his  warrant  on  the  Treasury  accord- 
ingly. September  28,  1793. 

Chapter  48. 

RESOLVE   GRANTING   £.150   TO  ROBERT    WILLIAMS,  PAYMASTER 
AND  AGENT  TO  THE  LATE  4th  MASSACHUSETTS  REGIMENT. 

On  the  Petition  of  Robert  Williams  late  Paymaster  and 
Agent  of  the  4tli  Regiment  of  the  Massachusetts  line, 
praying  further  compensation  for  his  services. 

Resolved  that  there  be  allowed  and  paid  out  of  the  Pub- 
lic Treasury  of  this  Commonwealth  to  the  said  Robert 
Williams  the  sum  of  one  hundred  and  fifty  pounds,  which 
with  the  sum  of  one  hundred  and  twenty  pounds  hereto- 
fore received  by  the  said  Petitioner,  shall  be  considered 
as  a  full  compensation  for  the  services  of  said  Agent ;  and 
his  Excellency  the  Governor  with  the  advice  of  Council 
is  hereby  requested  to  draw  his  Warrant  on  the  Treasury 
for  the  same  sum.  September  28,  1793. 

Chapter  49. 

RESOLVE  ON  THE  PETITION  OF  MARK  ADAMS. 

On  the  Petition  of  Mark  Adams  in  behalf  of  the  Town 
of  Kittery.  Resolved  for  reasons  set  forth  in  said  Peti- 
tion, that  the  term  of  nine  Months  be  allowed  to  the  town 
of  Kittery,  to  collect  and  pay  the  sum  of  one  hundred  & 
sixty  pounds  into  the  Treasury  of  this  Commonwealth 
being  the  deficiency  of  a  former  Collector,  and  the  Treas- 
urrer  is  hereby  directed  to  stay  execution  against  said 
Town  accordingly.  Sep)tember  20,  1793. 


Resolves,  1793.  —  September  Session.  593 


Chapter  50. 

RESOLVE  ON  THE  PETITION  OF  JAMES  WILDER. 

On  the  Petition  of  James  Wilder  Representing,  that  on 
the  17th  day  of  April  A  D  1791,  he  was  in  possession  of 
a  Note  Issued  by  the  late  Treasurer  Gardner,  bearing- 
date  Jany.  1st  1778  for  the  sum  of  sixty  Pounds  payable 
to  Samuel  Denny  or  order,  one  years  Interest  paid 
thereon,  which  note,  he  testifies  was  consumed  by  fire  on 
the  aforesaid  17th  day  of  April. 

Resolved  that  the  Treasurer  of  this  Commonwealth  be 
and  he  hereby  is  authorised  and  directed  to  Issue  a  Con- 
solledated  note  for  the  value  of  the  princaple  and  Interest 
due  on  the  one  above  described,  in  favour  of  the  said 
James  Wilder,  he  giving  bonds  to  the  Treasurer  with 
sufficient  sureties  to  endemnify  the  Commonwealth,  in 
case  the  original  note  should  be  presented  for  payment. 

September  20,  1793* 

Chapter  51. 

RESOLVE  FOR  PREVENTING  THE  SPREADING  THE  INFECTIOUS 
DISORDER  PREVALENT  IN  THE  CITY  OF  PHILADELPHIA,  RE- 
QUESTING  HIS  EXCELLENCY  TO  ISSUE   A  PROCLAMATION. 

Whereas  a  dangerous  &  infectious  disease  prevails  at 
this  time  in  the  city  of  Philadelphia,  and  it  is  highly 
expedient  that  effectual  measures  should  be  adopted  to 
prevent  its  introduction  within  this  Commonwealth  : 

Resolved  that  his  Excellency  the  Governor  be  &  hereby 
is  requested  to  issue  his  proclamation  requiring  Sheriffs, 
&  their  Deputies,  the  Selectmen  &  Constables  of  the  sev- 
eral towns  in  the  State  to  take  effectual  measures  agree- 
ably to  the  laws  in  such  case  made  &  [)rovided,  to  prevent 
the  introduction  or  spreading  the  said  Disease. 

And  whereas  it  may  be  found  that  the  existing  laws 
may  [may]  not  be  fully  competent  to  justify  the  measures 
necessary  to  be  adopted  on  the  present  alarming  occasion  : 

Resolved  that  the  Selectmen  in  the  several  towns  be  & 
hereby  are  authorized  &  empowered,  by  the  appointment 
of  a  Health  Officer,  or  otherwise  as  they  shall  judge 
proper  to  stop  &  examine  any  persons  baggage,  merchan- 
dize or  other  effects  coming  or  supposed  to  be  coming 

*  Not  signed  by  the  governor. 


594  Resolves,  1793.  —  September  Session^. 

into  their  towns  respectively,  from  Philadelphia,  or  other 
place  infected  or  supposed  to  be  infected,  &  if  it  shall 
appear  to  the  said  Selectmen,  or  any  Officer  or  Officers 
whom  they  shall  appoint  for  this  purpose  that  any  danger 
of  infection  is  to  be  apprehended  from  such  persons  effects 
baggage  or  merchandize,  they  the  said  Selectmen  or  the 
Officer  or  Officers  as  aforesaid  are  authorized  to  detain  & 
remove  such  persons  effects  baggage  or  merchandize  to 
such  place  or  places  of  safety  as  they  may  think  proper, 
in  order  that  the  same  may  l)e  purified  from  infection,  or 
to  place  any  persons  so  coming,  in  such  places  and  under 
such  regulations  &  restrictions  &  for  so  long  time  as 
^x^  they  may  judge  necessary  for  the  public  safety — and  the 

said  Selectmen  are  hereby  authorized  to  adopt  and  exe- 
cute such  other  means  and  methods  as  to  them  shall  appear 
necessary  to  prevent  the  introduction  or  communication 
of  the  sd.  disorder.  And  the  Select  men  are  hereby  far- 
ther authorized  &  empowered  to  require  &  call  in  the 
assistance  of  any  &  all  the  inhabitants  of  their  several 
towns,  if  necessary  to  carry,  this  resolution  into  full  effect. 
And  it  shall  be  the  duty  of  every  citizen  to  afford  his  aid 
&  assistance  when  thereto  so  required. 

Aiid  it  isfiirtJier  resolved  that  if  any  action  or  suit  shall 
be  instituted  against  any  person  for  any  matter  or  thing 
done  by  virtue  of  &  in  conformity  to  this  resolution,  he 
shall  have  a  right  to  plead  the  general  issue,  &  give  the 
said  resolution  in  evidence. 

And  he  it  further  resolved  that  this  resolution  shall  be 
in  force  untill  the  second  Wednesday  in  February  next, 
provided  always  that  his  Excellency  the  Gov.  by  &  with 
the  advice  of  Council  is  hereby  authorized  to  suspend  the 
same  by  proclamation  before  that  time  if  in  their  opinion 
the  public  safety  will  admit  thereof. 

September  21,  1793. 

Chapter  53. 

RESOLVE   ON  THE  PETITION  OF  THE  TOWN  OF   HAVERHILL. 

On  the  petition  of  the  town  of  Haverhill  praying  for 
reasons  therein  set  forth  the  remission  of  the  balances 
which  stand  charged  in  the  books  of  the  Treasurer  of  this 
Commonw^ealth  to  the  said  town,  or  the  Collectors  thereof, 
for  taxes  ordered  to  be  assessed  upon  said  town  in  the 
years  1771,  1772  &  1773. 


Resolves,  1793.  —  September  Session.  595 

Resolved  that  the  prayer  of  said  petition  be  so  far 
granted,  as  that  the  said  town,  and  the  Collectors  of 
taxes  for  the  same,  shall  be  discharged  from  the  payment 
of  the  balances  of  taxes  which  stand  charged  as  afore- 
said, amounting  in  the  whole  to  two  hundred  forty  six 
pounds  nine  shillings  and  eleven  pence  on  condition  that 
the  said  town  shall  pay,  or  cause  to  be  paid,  to  the 
Treasurer  of  this  Commonwealth,  the  sum  of  eighty  two 
pounds,  three  shillings  and  four  pence,  within  six  months 
from  the  time  of  passing  this  Resolve  ;  &  the  said  Treas- 
urer is  hereby  directed  to  recall  all  executions  and  War- 
rants of  distress,  which  may  have  been  by  him  issued 
against  said  town,  the  Assessors  or  Collectors  thereof,  for 
the  balances  of  taxes  aforesaid,  and  not  issue  any  other 
executions  or  Warrants  of  distress  for  the  same,  unless 
said  town  shall  neglect  to  pay  into  the  Treasury  of  this 
Commonwealth  the  sum  last  mentioned,  within  the  time 
before  limited  for  the  payment  thereof;  and  the  Assessors 
of  said  town  being  thereto  directed  ])y  the  inhabitants 
thereof,  at  legal  town  meeting  are  hereby  impowered  to 
add  the  said  last  mentioned  sum  to  their  proportion  of 
the  last  State  tax,  and  assess  the  same  therewith,  on  the 
polls  and  estates  within  the  town  of  Haverhill,  according 
to  the  rules  prescribed  to  be  observed  in  assessing  th£i,t 
tax,  to  be  certified  to  the  Treasurer  of  the  Commonwealth 
levied,  collected,  and  payment  thereof  enforced  according 
to  the  rules  of  law  for  certifying,  levying,  collecting  and 
enforcing  State  taxes.  Sej)temher  26,  1793.* 

Chapter  53. 

RESOLVE  ON  THE  PETITION  OF  EPHRAIM  BULLARD  AND  OTHER 
SOLDIERS  IN  COL.  CRAFTS'S  REGIMENT. 

On  the  petition  of  Ephraim  Bullard,  William  McMil- 
lion  Supply  Clap  &  Isaac  Adams  non-commissioned  offi- 
cers in  a  Regt.  of  Artillery  commanded  by  Colo.  Thomas 
Crafts,  praying  for  the  depreciation  of  their  wages. 

Resolved  that  the  Committee  for  methodizing  accounts 
be  &  hereby  are  directed  to  make  up  &  certify  the  bal- 
lances  due  to  Ephraim  Bullard,  William  McMillion,  Sup- 
ply Clap  &  Isaac  Adams  for  the  depreciation  of  their 
wages  to  the  time  they  were  discharged,  &  his  Excellency 
the  Governor  is  requested  to  issue  his   warrant  &   the 

•  Taken  from  court  record. 


596  Resolves,  1793.  —  September  Session. 

Treasurer  is  directed  to  issue  notes  for  the  same  in  the 
same  manner  as  other  soldiers  in  said  Regt.  were  made 
up  &  paid,  any  law  or  resolve  to  the  contrary  notwith- 
standing. September  25,  1793  * 

Chapter  54. 

ROLL,   NO.  28. 

The  Committee  on  Accounts  having  examined  the  Ac- 
counts they  now  present  —  Report,  There  is  due  to  the 
Towns  &  persons  hereafter  mentioned,  the  sums  set  to  their 
respective  names,  w^hich,  if  allowed  and  paid,  will  be  in 
full  discharge  of  said  accounts,  to  the  dates  therein  men- 
tioned. 

JOSEPH   HOSMER,  Per  Order, 

For  Costs  of  Supj)orti?ig  the  Poor  of  ye  Commonweallh. 

To  the  Town  of  Attleborough  for  Supporting  Thomas 

Sword  and  Phebe  Rogers,  from  11th  Febry.  1792,  to        £.   s.    d. 
26  Augt.  1793,  and  Doets.  Bills  in  full .         .         .        .        42  10    4 

To  the  'i  own  of  East  Hampton  for  Supporting  Saml. 

Green  from  Jany.  1st  1792,  to  April  3d,  1792,  in  full   .  3    5    0 

To  John  Fleet  Junr.  for  Medician  and  Attendance  on 
the  States  poor  in  the  Alms  House  from  the  15  May 
1792  to  15  May  1793,  by  agreement  with  the  over- 
seers of  the  poor  of  ye  Town  of  Boston       .        .         .       120    0     0 

To  the  Town  of  Greenfield  for  Supporting  John  McHind 
one  of  the  Slates  poor  from  the  last  day  of  Augt.  1792, 
to  ye  last  day  of  Augt.  1793 13     0    0 

To  Jesse  Houghton  for  Burying  Strangers  or  Foreign- 
ers from  March  4th  1793  to  the  19th  August  1793,  in- 
clusive             12  19     2 

To  the  Town  of  Lenox  for  Supporting  Martha  St.  Johns 
from  3  e  1st  March  1791,  to  ye  first  of  March  1793,  com- 
mitted by  order  of  both  Houses 20  16     0 

To  the  Town  of  Mendon  for  Supporting  John  Hunts 
Family  from  January  6th  1792,  to  Septr.  6th  1793,  in- 
cluding Docters  Bills 21     6    7 

To   the  said  Town  of  Mendon   for   Supporting  Jane 

Rowen  from  12  June  1792,  to  4  Septr.  1793  in  full      .         11  18    0 

To   the  Town   of  Marshfield   for  Supplies  found   for 

Peggy  Mitchell  up  to  ye  2d  Septr.  1793        .         .        .  0  17     0 

To  the  Same  Town,  for  Short  allowance  in  last  Roll       .  18     0 

To  the  Town  of  Needham  for  Supporting  Marshall  Tim- 
son  from  16  February  1792  to  the  20  September  1793 
in  full 10    7     6 

To  the  Town  of  Pembrook  for  paying  Doctr.  Gad  Hitch- 
cock Junr.  for  Doctering  Josiah  Brand  one  of  the 
States  poor 7  10    0 


Not  signed  by  the  governor. 


Resolves,  1793.  —  September  Session.  597 

To  the  Town  of  Pittstown  for  Supporting  Amme  Clark 

a  person  Insane  from  January  1st  to  June  llth  1793,         £.   s.  d. 
inclusive  and  for  sundries  of  Clothing  .         .         .  8     0     6 

To  ye  Town  of  Shutesbury  for  Supporting  Francis  St. 
Clairs  Family  from  25  June  1792  to  January  1st  1793, 
including  Docters  Bills 10     5    3 

To  the  Town  of  Shelburn  for  Supporting  Selah  Bate's 
Family  from  23d  May  to  the  12th  of  September  1793, 
including  Docters  Bills 14  16     4 

To  Samuel  Stratton  for  Boarding  Easthar  Pero  from  1st 

Febry.  1792  to  1st  Febry.  1793 7     2    0 

To  the  Town  of  Taunton  for  Supporting  and  Nursing 
Alexr.  Smith  from  ye  1st  Novr.  1792  to  ye  10  Septr. 
1793,  Doctering  &  funeral  Charges       .         .         .         .         15  18     0 

To  the  Town  of  Oxbridge  for  Supporting  Robert  Camp- 
bells Family  from  Septr.  24th  to  Octr.  22d  1792  and 
Docters  Bills  in  full 5    0    0 

To  the  Town  of  Williamstown  for  Supporting  and 
Clothing  Rachel  Galusha  &  John  Conradt  Leonard 
from  1st  June  to  17  September  1793     .         .        .        .         10  17     0 

To  the  Same  Town  for  Supporting  John  Hampton  a 
native  of  France  in  extreme  Sickness  from  10  June 
to  20  September  1793 9     0    0 

To  the  Town  of  Freetown  for  Supporting  Daniel  El- 
dridges  Family  to  25  June  1793  being  for  two  years 
Support 314    0 

To  the  Town  of  New  Braintree  for  Short  Allowance  in 

Docter  Parcivel  Halls  Acct.  in  Roll  No.  27  .        .        .  15     6 


Sheriffs  Accounts. 

To  Edmund  Bridge  for  distributing  Precepts  and  re- 
turning votes  for  Fedl.  Representatives  in  full  to  the 
17  June  1793 


Expences  of  Militia. 

To  John  S.  Tyler  D.  A.  G  for  his  Services  from  Febru-        £.    s.  d. 
ary  28,  to  September  26th  1793  inclusive      .         .         .         12     6     0 

To  John  Peck  Adjt.  first  Regt.  1st  Division  of  Militia  for 
his  Services  from  10  April  1792  to  5  April  1793,  in- 
clusive     10     7     6 

To  Samuel  Prescott  Adjt.  2d  Regt.  1st  Brigade  8  Divi- 
sion Militia  for  his  Services  from  24  March  to  30 
September  1792  in  full 3     0    0 

To  Stephen  Dewey  for  his  Services  as  Adjt.  in  the  first 
Regt.  9  Division  of  Militia  from  1st  April  1792  to  16 
Septr.  1793 5  19     0 

£.31  12     6 


£.379 

6     2 

£. 
5 

s.   d. 
9     3 

508 


Resolves,  1793.  —  September  Session. 


Printers  Accounts. 

To  Benjamin  Lai'kin  his  Account  for  Sundry  Books 
Stationary  &c 

To  Benjamin  Titcomb  Junr.  for  printing  from  25  April 
to  Septr.  23d  1793 

To  J.  R.  Hutcbins  for  Printing  from  February  19  to 
20  September  1793  in  full 

To  Benjamin  Edes  &  Son  for  Printing  to  26  Septr.  1793 


Miscellaneous  Accounts. 

To  William  Wedgery  Esqr.  for  Services  done  by  direc- 
tion of  the  Treasurer 

To  Isaac  Pierce  in  Balance  of  his  account  in  full,  and 
that  he  be  discharged  on  the  warrant  drawn  in  his 
favour  in  Novr.  1792,  for  ye  Sum  of  Eighteen  pounds 

To  Thomas  Walcot  for  making  &  Copying  Rolls  for 
the  House  of  Representatives 

To  Hopestill  Capen  for  an  Iron  Stove  for  the  use  of  the 
House  of  Representatives 

To  Joseph  Laughton  for  his  Services  in  the  Treasurers 
Office,  as  first  Clerk  from  23d  March  to  14  September 
1793,  and  for  two  pounds  five  shillings,  allowed  b)- 
Resolve  of  the  28th  March  1793 


£.  s. 
15  13 

d. 
6 

1  18 

6 

7     9 
3     0 

0 
0 

£.28     1 

0 

£.  s. 
2  16 

d. 

0 

8  10     6 
1     0    0 


9     0     0 


84  15     0 
£.106     1     6 


Amount  of  Boll. 

For  Supporting  ye  poor  of  ye  Commonwealth 

Expence  of  Sheriffs 

Expence  of  Militia 

Expence  of  Printing 

Expences  Miscellaneous    .... 


£. 

s. 

d. 

379 

6 

2 

5 

9 

3 

31 

12 

6 

28 

1 

0 

106 

1 

6 

£.550  10    5 


Read  &  accepted,  and  thereupon  Resolved  that  there  be 
allowed  &  paid  out  of  the  public  Treasury  of  this  Com- 
monwealth, to  the  several  Towns  &  Persons  borne  on  this 
Roll  the  sums  set  against  each  respectively,  amounting  in 
the  whole  to  Five  hundred  &  fifty  pounds  ten  shillings  & 
five  pence.  September  27,  1793. 


RESOLVES 

OF  THE 

GENERAL    COURT    OF    THE   COMMONWEALTH 
OF   MASSACHUSETTS: 

BEGUN  AND  HELD  AT  BOSTON,  IN  THE  COUNTY  OF  SUF- 
FOLK, ON  WEDNESDAY  THE  TWENTY-NINTH  DAY  OF 
MAT,  ANNO  D03I1NI,  1793;  AND  FROM  THENCE  CON- 
TINUED BY  ADJOURNMENT  AND  PROCLAMATION,  TO 
WEDNESDAY,  THE  FIFTEENTH  DAY  OF  JANUARY  ^OT,- 
LOWING. 


1793.  — January  Session. 
Chapter  1. 

RESOLVE  ON  THE  PETITION  OF  JOHN  CODMAN  AND  SAMUEL 
DEXTER,  JUN.  ESQUIRES,  EMPOWERING  JOSEPH  BLAKE,  ESQ. 
AND  OTHERS,  TO  EXECUTE  A  DEED  OF  THE  LAND  MEN- 
TIONED. 

On  the  petition  of  John  Codman  and  Samuel  Dexter 
Junior  Esqrs.  Executors  of  the  last  Will  and  Testament 
of  Chambers  Russell  late  of  Lincoln  Esquire  deceased, 
praying  that  the  Executors  of  the  last  will  of  Gideon 
Baty  late  of  Boston  deceased  may  be  authorized  and  em- 
powered to  convey  to  them  a  certain  peice  of  land  with 
the  buildings  thereon  situate  in  Concord  in  the  County  of 
Middlesex. 

Resolved  that  Joseph  Blake  Esquire  and  Thankful  his 
wife  and  Thomas  Whiting  (the  said  Thankful  and  Thomas 
lieing  Executors  of  the  last  will  and  Testament  of  the  said 
Gideon  Baty)  be  and  they  hereby  are  authorized  and  em- 
powered to  make  and  execute  to  the  said   Samuel  and 


600  Resolates,  1793.  —  January  Session. 

John  in  their  said  Capacity  a  deed  in  fee  simple  of  the 
Land  and  buildings  aforesaid,  being  the  same  land  and 
buildings  which  were  taken  by  execution  on  a  Judgment 
against  Abijah  Bond  late  of  Concord  deceased,  in  favour 
of  said  Executors  of  said  Baty  the  benefit  of  which  Judg- 
ment was  purchased  by  said  Russell  deceased  of  said  Ex- 
ecutors ;  and  said  Executors  of  the  Will  of  said  Baty,  are 
not  empowered  by  Law  to  convey  the  said  land  and 
building's.  The  said  deed  so  to  be  made  and  executed  to 
the  said  Samuel  and  John  being  acknowledged  and  re- 
corded according  to  Law,  to  vest  in  the  said  Samuel  and 
John  Executors  as  aforesaid,  the  same  title  in  the  prem- 
ises as  if  assigned  and  sett  off  to  them  in  their  said 
Capacity  by  Execution.  January  18,  1794  * 


Chapter  1a.  t 

RESOLVE  AUTHORIZING  THE  ATTORNEY  GENERAL  TO  DIS- 
CHARGE THE  HEIR  OF  TIMOTHY  NURSE  FROM  A  CERTAIN 
PROSECUTION  AND  DEMAND. 

On  the  Representation  of  the  Attorney  General,  seting 
forth  that  a  process  is  commenced  against  the  heir  of 
Timothy  Nurse  late  of  Barre  in  the  County  of  Worcester 
wherein  the  Commonwealth  demands  seizen  &  possession 
of  about  one  hundred  &  fifty  Acres  of  Land  said  Demand 
ariseing  from  the  Confiscation  of  the  Estate  of  Nathaniel 
Hatch  Esqr.  a  Conspirator  to  whom  the  same  was  mort- 
gaged for  about  one  hundred  &  sixty  pounds  And  that 
the  Heir  appears  &  wishes  to  give  security  for  the  pay- 
ment of  the  same  exclusive  of  the  Interest  since  the  com- 
mencement of  the  late  War. 

Resolved  that  the  Attorney  General  be  and  he  is  hereby 
authorized  &  impowered  to  discharge  sd.  Heir  from  the 
aforesaid  prosecution  and  demand  which  Government  has 
to  the  said  Lands  he  the  said  Heir  paying  or  securing  to 
be  paid  to  the  Treasurer  of  this  Commonwealth  the  prin- 
cipal sum  due  together  with  Interest  on  the  same  to  the 
present  time  deducting  only  the  Interest  that  arose  during 
the  time  of  the  War  with  Great  Britain  &  also  paying  the 
[and]  Costs  which  have  already  arisen  on  said  Prosecution. 

January  20,  1794. 

*  Approved  Jiinuary  20,  1794. 

t  Not  printed  in  previous  editions.    Not  signed  by  acting  governor. 


Kesolves,  1793.  —  January  Session.  601 


Chapter  2. 

RESOLVE  APPOINTING  ISAAC  THOMPSON,  ESQ.  ON  THE  COMMIT- 
TEE FOR  PERAMBULATING  AND  SETTLING  THE  BOUNDARY 
LINE  BETWEEN  LANDS  OF  THE  MARSHPEE  TRIBE  OF  IN- 
DIANS, IN  THE  ROOM  OF  SAMUEL  SMITH,  DECEASED. 

Whereas  it  appears,  from  the  representation  of  George 
Patridge  Esqr.,  that  by  reason  of  the  death  of  Samuel 
Smith,  the  committee  appointed  l)y  a  Resohition  of  the 
General  Court  of  the  26th  of  March  last,  for  perambu- 
lating &  settling  the  boundary  line  between  the  lands  of 
the  Marshpee  tril)e  of  Indians,  &  the  several  Towns  &  In- 
dividuals adjoining  the  same,  are  unable  to  compleat  the 
business  of  their  commission  : 

Resolved  that  Isaac  Thompson  Es(|.  be,  &  he  hereby  is 
appointed  on  the  committee  aforesaid  in  the  room  of  the 
said  Samuel  Smith  deceased,  and  authorized  in  conjunc- 
tion with  George  Patridge  Esq.  &  Nathl.  Hammond  to 
do  &  perform  all  the  business  designated  in  the  Resolu- 
tion aforecited.  January  21,  1794  * 

Chapter  SA.f 

ORDER  ON  THE  PETITION  OF  ENOCH^SAWYER  AND  OTHERS. 

On  the  petition  of  Enoch  Sawyer  &  others  praying  to  l)c 
incorporated  for  the  purpose  of  building  a  Bridge  over  Mer- 
rimack river,  at  a  place  called  Swett's  ferry  in  Haverhill. 

Ordered  that  the  petitioners  notify  all  persons  inter- 
ested, to  appear  on  the  second  A\''ednesday  in  February 
next,  to  shew'  cause  if  any  they  have,  why  the  prayer  of 
said  petition  should  not  be  granted,  by  causing  said  peti- 
tion, and  this  order  thereon  to  be  printed  in  the  Centinel 
on  Saturday  next,  and  on  the  Wednesday  next  after ; 
and  also  in  the  Newspaper  printed  in  Haverhill  on  the 
Thursday  of  next  week.  January  21,  1794. 

Chapter  3. 

RESOLVE  ON  THE  PETITION   OF   MATTHEW  MAHEW,  GUARDIAN 
TO  ABEL  ABEL,  AN  INDIAN. 

On  the  })etition  of  Matthew  Mahew  gardian  to  Abel 
Abel  an  Indian  praying  for  liljcrty  to  sell  part  of  the  real 
estate  of  the  said  Abel. 

*  Approved  January  22,  1794. 

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


602  Resolves,  1793.  —  January  Session. 

Resolved  that  the  said  Matthew  Mahew  be  and  he 
hereby  is  authorized  and  empowered  to  sell  at  publick 
auction  or  private  sale  a  peice  of  land  belonging  to  the 
said  Abel  lying  in  a  place  called  Abel's  neck  in  the  town 
of  Chilmark  in  Dukes  county  and  to  execute  a  lawfull 
deed  of  the  same  also  to  pay  the  just  debts  of  the  said 
Abel  out  of  the  money  ariseing  from  said  sale  and  to  put 
the  overpluss  if  any  there  be  on  interest  for  his  benefit  and 
the  said  Matthew  is  to  account  with  the  Judge  of  Probate 
in  said  Dukes  county  for  the  proceeds  of  said  sale  who 
is  authorized  to  make  him  reasonable  allowance  for  his 
service.  January  22,  1794  * 

Chapter  4. 

RESOLVE  ON  THE  PETITION  OF  JOSHUA  OSGOOD,  JUN. 

On  the  Petition  of  Joshua  Osgood  jr.  praying  for  the 
reversal  of  a  Judgment  recovered  against  him,  by  Josiah 
Abbot,  before  William  Prescot  Esq.  one  of  the  Justices 
of  the  Peace  in  and  for  the  County  of  Essex  on  the  Sec- 
ond Day  of  November,  in  the  year  of  our  Lord  seventeen 
Hundred  &  eighty  nine,  on  Default,  for  reasons  Shewn. 

Resolved,  that  the  prayer  of  the  said  Petition  be  so  far 
granted,  that  the  said  Judgment  be  and  hereby  is  Ren- 
dered nul  &  Void.  Provided  the  Said  Joshua  Osgood 
shall  enter  the  Action,  on  which  the  said  Judgment  was 
rendered,  at  the  next  Court  of  Common-Pleas  to  be 
Holden  at  Ipswich  in  and  for  the  said  County  of  Essex 
on  the  first  tuesday  of  April  next ;  and  give  the  said 
Josiah  Abbot  due  notice  of  his  Intention  so  to  do,  at 
least  fourteen  Days  before  the  Setting  of  the  said  Court.  — 
And  the  same  Proceedino;s  shall  be  had  on  the  said  Action 
in  the  said  Court,  as  though  it  were  Entered  there  in  a 
due  course  of  Law.  January  24,  1794.^ 

Chapter  4a.  J 

ORDER  ON  THE  PETITION  OF  LEVI  JACKSON  AND  OTHERS. 

On  the  petition  of  Levi  Jackson  and  others  inhabitants 

of  Paris  praying  to  be  incorporated  into  a  Baptist  Society. 

Ordered  that  the  petitioners  notify  the  said  town  of 

*  Approved  January  22,  1794.  t  Approved  January  25,  1794. 

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


Resolves,  1793.  —  January  Session.  603 

Paris  to  appear  on  the  second  Tuesday  of  the  next  session 
of  the  General  Court  by  leaving  an  attested  copy  of  the 
petition  aforesaid  with  this  order  thereon  with  the  town 
Clerk  of  said  Paris  thirty  days  at  least  l)efore  said  day, 
that  said  town  of  Paris  may  then  appear  and  shew  cause 
if  any  they  have  why  the  prayer  of  said  petition  shall  not 
be  granted.  January  24,  1794. 

Chapter  5. 

RESOLVE  ON  THE  PETITION  OF  SARAH  HALL. 

On  The  Petition  of  Sarah  Hall,  of  Providence  in  the 
State  of  Road-Ilande  Administratrix  on  the  Estate  of  Colo. 
Levi  Hall,  praying  for  Licence  to  make  sale  of  certain 
real  Estates  situate  in  Mendon,  in  the  County  of  Worces- 
ter, and  in  Marshfiel[f7]  in  the  County  of  Plymouth  —  for 
Reasons  set  forth  in  said  })etition  — 

Resolved  that  the  prayer  thereof  be  granted  and  that 
the  Petitioner  in  her  said  Capacity,  be  and  she  is  hereby 
fully,  empowered  to  make  sale  of,  and  to  make  and  exe- 
cute a  good  &  lawfull  deed,  or  deeds,  of  a  Farm  of  about 
seventy  Acres,  with  a  Dwelling  house  thereon  situate  & 
being  in  Mendon  aforesaid  and  also  of  two  small  lotts  of 
land  of  about  Ten  Acres  each,  with  a  small  dwelling  house 
on  one  of  them  lying  in  Marshfiel[^]  aforesaid,  belong- 
ing to  the  Estate  of  Colo.  Levi  Hall,  deceased,  she  ol)- 
serving  the  rules  and  directions  of  the  Law  for  the  sai 
of  real  Estates,  by  executors  &,  Administrators,  she  first 
giving  bond  to  the  Judge  of  Probate  for  the  Counties  of 
Worcester  &  Plymouth  that  the  proceeds  of  the  said  Sales, 
shall  be  applyed  for  the  benifit  of  the  Widow  and  Heirs 
of  said  Levi  Hall,  according  to  Law. 

January  23,  1794  * 

Chapter  Sa.I 

ORDER  ON  THE  PETITION  OF  ZENAS  WINSLOW  AND  OTHERS. 

On  the  petition  of  Zenas  Winslow  Amoz  Parker  and 
Ebenezer  Newton  Inhabitants  of  the  Town  of  Hubbard- 
ston,  praying  to  be  united  with  certain  Inhabitants  of 
Barre  and  Gerry  to  form  a  School  District. 

Ordered  That  the  Petitioners  cause  the  Inhabitants  of 
the  Town  of  Hubbardston  to  be  notified  to  appear  on  the 

*  Approved  January  25,  1794.  t  Not  printed  in  previous  editions. 


604  Resolves,  1793.  —  January  Session. 

second  Wednesday  of  the  next  session  of  the  General 
Court  to  shew  cause  why  the  prayer  of  said  petition 
should  not  be  granted,  said  notification  to  be  made  l)y 
leaving  an  attested  Copy  of  their  petition  with  this  order 
thereon  with  the  Town  Clerk  or  one  of  the  Selectmen  of 
sd.  Town  of  Hubbardston  thirty  days  at  least  before  said 
second  Wednesday.  January  23,  1794. 

Chapter  6. 

RESOLVE  ON  THE  PETITION  OF  JONATHAN  BUTTON. 

On  the  Petition  of  Jonathan  Button  a  private  Soldier 
in  Colo.  Henry  Jacksons  Regiment  praying  for  the  re- 
mains of  the  Ballance  due  to  the  said  Jonathan  Button 
for  his  Services  in  said  Regiment. 

Resolved  that  John  Deming  Esqr.  certify  to  the  Gov- 
orner  and  Council  the  pay  or  arrears  of  Pay  due  to  the 
said  Jonathan  Button  for  his  services  as  a  private  soldier 
in  Colo.  Henry  Jacksons  Regiment,  and  the  Treasurer  on 
receiving  a  warrant  therefor  is  Birected  to  Issue  his  note 
or  notes  in  the  same  way  and  manner  as  has  been  prac- 
[<]ised  in  paying  other  Soldiers.         January  22,  1794.* 

Chapter  6a. t 

ORDER  ON  THE  PETITION  OF  ASA  GREELY  AND  OTHERS. 

On  the  petition  of  Asa  Greely  and  others. 

Ordered  that  the  petitioners  notify  the  inhabitants  of 
North  Yarmouth  l^y  leaving  an  attested  co[)y  of  their  said 
petition  with  this  order  thereon  with  the  town  Clerk 
of  said  North  Yarmouth  at  least  thirty  days  before  the 
second  Thursday  of  the  next  session  of  the  General 
Court,  that  they  may  then  appear  and  shew  cause  if  any 
they  have  why  the  prayer  of  said  petition  shall  not  be 
granted.  January  24,  1794. 

Chapter  7. 

RESOLVE   DIRECTING  THE   ATTORNEY  GENERAL. 

Whereas  it  appears  to  this  Court  that  there  is  a  1ml- 
lance  due  to  this  Commonwealth,  from  Joseph  Otis  esqr. 

*  Approved  January  23,  1794. 

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


Resolves,  1793.  —  January  Session.  605 

for  money  he  has  received  for  the  use  of  Government, 
which  at  present  he  is  utterly  unaljle  [^o]  pay  :  Therefore 
resolved  that  the  Attorney  General  be  and  hereby  is 
Directed  not  to  commence  any  suit  against  the  said  Joseph 
Otis  for  the  ballance  due  from  him  to  this  Commonwealth 
amounting  to  the  sum  of  three  Hundred  &  thirty  four 
pounds  eleven  shillings  &  five  pence  till  the  further  Order 
of  the  General  Court.  January  27,  1794  * 

Chapter  ^A.t 

ORDER   ON    THE   PETITION   OF  FREDERICK  WILLIAM   GEYER. 

On  the  Petition  of  Frederick  William  Geyer  praying 
that  a  mistake  in  a  Judgment  recovered  in  the  court  of 
common  pleas  in  the  county  of  Suffolk  by  him  against 
the  goods  and  Estate  of  Richard  Church  of  New  bedford 
in  the  County  of  Bristol  in  the  hands  of  Charles  Church 
may  be  set  right  there  being  mistake  in  the  same  Judg- 
ment as  to  the  addition  of  inhabitancy  of  the  said  Richard. 

Thereupon  ordered  that  the  said  Geyer  notify  the  said 
Charles  to  appear  on  the  fourth  Wednesday  of  the  present 
session  [o/*]  the  general  Court  to  Shew  cause  if  any  he  has 
why  the  said  mistake  shall  not  be  rectified  and  that  the 
said  Geyer  serve  him  with  an  attested  copy  of  his  petition 
and  this  order  within  seven  days  from  the  passing  thereof. 

January  23,  1794. 


Chapter  7b. t 

ORDER  ON   THE   PETITION  OF  JOHN  WESSON  AND   OTHERS. 

On  the  Petition  of  John  Wesson  &  others. 

Ordered  that  the  Petitioners  Notify  the  said  first  Par- 
rish  in  Reading  by  leaving  an  Attested  Coppy  of  their 
Petition  with  this  order  thereon  Thirty  days  before  the 
Second  Wednesday  of  the  Next  Session  of  the  General 
Court,  with  the  Clerk  of  said  Parrish,  that  the  said  Par- 
rish  may  then  ai)pear  and  Shew  Cause  if  any  they  have 
why  the  prayer  of  said  Petition  shall  not  be  granted. 

January  24,  1794. 

*  Approved  January  27,  1794.  f  Not  printed  in  previous  editions. 


606  Kesolves,  1793.  —  Jan^uary  Session. 


Chapter  8. 

RESOLVE   ON   THE   PETITIOX  OF  JAMES   BRIGGS. 

On  the  Petition  of  James  Briggs  Praying  that  Thomas 
Barker  Briggs  &  James  Briggs  Junior  as  they  are  Admin- 
istrators on  the  estate  of  James  Briggs  the  Third  of  Scit- 
uate  in  the  County  of  Plymouth  shipwright  Deceased, 
may  be  Authorised  &  empowered  to  make  &  execute  to 
the  said  James  Briggs  the  Petitioner  a  deed  of  Sale  of 
certain  Salt  Marsh  mentioned  in  said  Petition  To  the 
amount  of  Twenty  Two  pounds  Ten  shillings  —  according 
to  the  promise  of  the  said  deceased  in  his  life  time. 

Resolved  that  the  Prayer  of  the  said  Petition  be  granted, 
and  that  the  said  Thomas  Barker  Brio-^s  &  James  Brisfors 
Junr.  administrators  as  afore  said,  be  and  they  hereby  are, 
fully  Authorised  &  empowerd  in  their  said  Capacity  to 
make  &  execute  to  the  said  James  Briggs  the  Petitioner, 
a  good  &  lawful  Deed  of  sale,  of  Three  Acres  of  Salt 
meadow  at  the  Northerly  end  of  the  lot  l^elonging  to  the 
heirs  of  said  Deceased,  which  he  purchased  of  Jame§ 
Rogers  of  Marshfield.  January  27,  1794* 

Chapter  9. 

RESOLVE   ON  THE  PETITION   OF   WILLIAM   WALKER. 

On  the  Petition  of  William  Walker  administrator  on 
the  Estate  of  Micah  Walker. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
orner  and  council  the  pay  or  arrears  of  pay  due  to  Micah 
Walker  for  his  Services  as  a  private  soldier  in  Colo. 
Brooks's  Reo;iment  and  the  Treasurer  on  receivino-  a  war- 
rant  therefor  is  hereby  directed  to  Issue  his  note  or  notes 
to  the  said  William  Walker  Administrator  on  the  Estate 
of  the  said  Micah  Walker,  in  the  same  way  and  manner 
as  has  been  Practiced  in  Paying  other  Soldiers  for  Similar 
Services.  January  27,  1794* 

Chapter  9a. f 

ORDER   ON  THE   PETITION  OF  SAMUEL  SPARHAWK. 

On  the  petition  of  Samuel  Sparhawk. 
Ordered  that  the  petitioner  notify  the  inhabitants  of  the 
south  Precinct  in  Cambridge  by  leaving  an  attested  copy 

*  Approved  January  27,  1794. 

t  Not  printed  in  previouB  editions.    Taken  from  court  record. 


Resolves,  1793.  —  January  Session.  607 

of  said  petition  and  this  order  thereon,  with  the  Clerk  of 
said  precinct,  at  least  ten  days  before  the  second  Wednes- 
day of  the  next  session  of  the  General  Court,  that  said 
Precinct  may  then  appear  and  shew  cause,  if  any  they 
have,  why  the  prayer  of  said  petition  shall  not  be  granted. 

January  27,  1794. 


Chapter  10. 

RESOLVE   ALLOWING  THE  COUNTY  TREASURER'S  ACCOUNT  FOR 
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 
prescribed  by  Law,  which  accounts  are  hereby  approved — 
And  whereas  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  Court  of  General  Ses- 
sions of  the  Peace  of  said  County,  of  the  necessary 
charges  likely  to  arise  within  said  County  the  present 
year,  amounting  to  six  hundred  &  twenty  five  pounds  : 

Resolved,  that  the  sum  of  six  hundred  &  twenty  five 
pounds,  be,  and  hereby  is  granted,  as  a  tax  for  said 
County  of  Essex,  to  be  apportioned,  assessed,  collected 
and  applied  for  the  purposes  aforesaid,  in  manner  agree- 
ably to  Law.  January  29,  1794* 


Chapter  11. 

RESOLVE  ALLOWING  THE  COUNTY  TREASURER'S  ACCOUNT  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  pre- 
scribed by  law  ;  which  Accounts  are  hereby  allowed  — 
And  whereas  the  Clerk  of  the  General  Sessions  of  the 
Peace  for  said  County,  has  laid  before  the  General  Court, 
an  estimate  made  by  said  Court  of  General  Sessions  of 
the  peace,  of  the  necessary  charges  likely  to  arise  within 
said  county  the  present  year,  amounting  to  four  hundred 
and  fifty  pounds : 

Resolved  that  the  sum  of  Four  hundred  and  fifty 
Pounds,  be,   and   hereby  is  granted   as   a   tax   for   said 

*  Approved  January  30,  1794. 


608  Kesolves,  1793.  —  January  Session. 

County  of  York,  to  be  a})portioned,  assessed,  collected 
and  applied  for  the  purposes  aforesaid,  in  manner  as  the 
law  directs.  January  30,  1794  * 

Chapter  13. 

RESOLVE   ON  THE    PETITION    OF    THOMAS    JOHNSON,  ADMINIS- 
TRATOR TO  THE  ESTATE   OF  JOHN  JOHNSON. 

On  the  petition  of  Thomas  Johnson  Administrator  to 
the  Estate  of  John  Johnson  late  a  private  in  the  Corps 
of  invalids. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Governor 
and  council  the  pay  or  arrears  of  [of  ]  pay  due  to  John 
Johnson  a  private  in  the  Corps  of  Invalids  and  the  Treas- 
urer on  receiving  a  warrant  therefor,  is  hereby  directed 
to  Issue  his  note  or  notes  to  the  said  Thomas  Johnson 
Administrator  on  the  Estate  of  John  Johnson  deceased  in 
the  same  way  and  manner  as  has  been  Practiced  in  pay- 
ing other  Soldiers  for  Simelar  Services. 

January  31,  1794.* 

Chapter  12A.t 

ORDER  ON  THE  PETITION  OF  WILLIAM  STANWOOD  AND  OTHERS. 

On  the  petition  of  William  Stanwood  and  others. 

Ordered  that  the  petitioners  notify  the  inhabitants  of 
the  towns  of  Brunswick,  Harpswell  &  Bath,  by  leaving 
an  attested  copy  of^said  petition  with  this  order  thereon, 
with  the  Clerk  of  each  of  said  towns  respectively,  thirty 
days  at  least  before  the  second  Thursday  of  the  first  ses- 
sion of  the  next  General  Court,  that  the  inhabitants  of 
said  town,  or  any  other  person  or  persons  interested  in 
the  premises,  may  then  appear  and  shew  cause  if  any 
they  have,  why  the  prayer  of  said  petition  shall  not  be 
granted.  February  i,  1794. 

Chapter  13. 

RESOLVE   ON  THE   PETITION  OF  DANIEL  VOSE. 

On  the  Petition  of  Daniel  Vose  of  Milton,  one  of  the 
Committee  appointed  in  the  year  1776  to  build  a  Powder 
Mill  in  Stoughton,  jnirchase  Sulphur,  Salt  Petre  &c.  pray- 

*  Approved  January  31,  1794. 

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


Resolves,  1793.  —  January  Session.  609 

ing  for  a  settlement  of  all  his  Accounts  respecting  that 
service. 

Resolved  that  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Common- wealth  to  said  Daniel  Vose,  the 
sum  of  thirty  pounds  fourteen  shillings  &  eleven  pence 
half  penny  in  full  of  all  his  demands. 

And  be  it  further  Resolved,  that  Mr.  Deming  of  the 
Committee  for  settling  the  public  Accounts  be  and  hereby 
is  directed  to  discharge  said  Daniel  Vose  from  the  books 
of  the  Common-wealth,  of  the  sum  of  seventy  nine  pounds 
thirteen  shillings  &  two  pence  half  penny,  the  balance  of 
his  Account  of  purchasing  Sulphur,  which  he  has  now 
accounted  for  —  also,  that  he  be  further  discharged  of  one 
hundred  &  ninety  one  hundred  &  twenty  three  pounds 
of  Sulphur,  which  was  delivered  at  the  Powder  Mill  in 
Stoughton  in  1776,  for  the  use  of  the  Common- wealth. 

February  1,  1794.* 

Chapter  14. 

RESOLVE    ON    THE    PETITION    OF    THE    INHABITANTS    OF    THE 
PLANTATION  OF  BRIDGETON. 

On  the  Petition  of  the  Inhabitants  of  the  i)lantation  of 
Bridgeton  in  the  County  of  Cuml)erland,  praying  for  the 
abatement  of  their  taxes.  Resolved  for  reasons  set  forth 
in  said  petition,  that  the  said  plantation,  be,  and  hereby 
are  abated  all  the  taxes  set  on  said  plantation.  Provided 
they  shall  pay  into  the  Treasury  of  this  Comonwealth, 
the  sum  of  one  hundred  pounds  on  or  before  the  first  day 
of  Jany.  1795.  February  2,  1794."^ 

Chapter  15. 

RESOLVE     MAKING     FURTHER     PROVISION     RESPECTING     UN- 
CLAIMED    BALANCES. 

Whereas  it  appears  necessary  to  make  some  further  pro- 
vision to  prevent  frauds  in  purchasing  &  obtaining  pay- 
ment of  the  balances  for  pay  &,  depreciation  of  Officers 
&  Soldiers  of  this  States  line  of  the  late  Continental 
Army,  now  placed  in  the  Army  Books  at  the  Treasury : 

Resolved  that  no  person  applying  for  any  such  balance 
shall  be  entitled  to  receive  the  same  unless  he  produce  a 
Certificate  from  the  major  part  of  the  Selectmen  of  the 

•  Approved  February  3,  1794.  t  Approved  February  5,  1794. 


610  Resolves,  1793.  —  January  Session. 

town  or  some  Justice  of  the  peace  of  the  County  where 
he  belongs  that  he  is  the  person  whose  name  he  assumes. 
And  no  such  balance  shall  be  paid  to  any  person  apply- 
ing as  Attorney  to  the  Officer  or  Soldier  claiming  any 
such  balance,  unless  such  power  shall  ex})ress  the  sum 
due  to  such  Officer  or  Soldier  &  be  acknowledged  before 
some  Justice  of  the  peace  by  the  Constituent  &  be  accom- 
panied with  such  Certificate  as  is  before  mentioned. 

February  1,  1794* 


Chapter  15  a.  t 

ORDER  ON  THE  PETITION  OF  WILLIAM  McENTOSH  AND  OTHERS. 

On  the  Petition  of  William  McEntosh,  Robert  Fuller 
&  Amos  Fuller  Jur,  a  Committee  for  and  in  behalf  of  the 
first  Parish  of  the  Town  of  Needham  Praying  for  liberty 
to  make  sale  of  Certain  Lands  Situate  in  Said  Parish  in 
Said  Towns,  appropriated  to  the  Public  Use  of  supporting 
the  Gospel  Ministry  in  said  Town. 

Ordered  that  the  Petitioners  notify  the  Second  Parish 
of  said  Town  of  Needham  by  leaving  an  attested  Copy 
of  said  Petition  and  this  order  thereon  with  the  Clerk  of 
said  Second  Parish  in  the  Town  of  Needham  thirty  days 
before  the  second  Wednesday  of  the  next  session  of  the 
Genl.  Court  that  said  Second  Parish  may  then  Appear 
and  Shew  Cause  if  any  they  have  why  the  Prayer  of  said 
Petition  shall  not  be  Granted.  February  1,  1794. 


Chapter  16. 

RESOLVE  ALLOWING  THE  COUNTY  TREASURER'S  ACCOUNT  FOR 
THE  COUNTY  OF  MIDDLESEX. 

Whereas  the  Treasurer  of  the  County  of  Middlesex,  has 
laid  his  Accounts  before  the  General  Court,  in  manner 
prescribed  by  law ;  which  Accounts  are  hereby  allowed 
except  the  sum  of  Six  pounds  ninteen  shillings,  &,  the 
further  sum  of  Six  pounds,  paid  James  Winthrop  Esq. 
Reo;ister  of  Probate.  And  whereas  the  Clerk  of  the  Gen- 
eral  Sessions  of  the  peace,  for  the  said  County,  has  laid 
before  the  General  Court,  an  estimate  made  by  said  Court 
of  General  Sessions  of  the  peace,  of  the  necessary  charges 

*  Approved  February  3,  1794.  f  Not  printed  in  previous  editions. 


Resolves,  1793.  —  January  Session.  611 

likely  to  arise  within  said  county  the  present  year,  amount- 
ing to  nine  hundred  pounds  : 

Resolved  that  the  sum  of  Nine  hundred  pounds,  l)e,  and 
hereby  is  granted  as  a  tax  for  said  County  of  [of]  Middle- 
sex, to  be  apportioned,  assessed,  collected  and  applied  for 
the  purposes  aforesaid  in  manner  as  the  Law  directs. 

February  1,  1794* 

Chapter  17. 

RESOLVE  ALLOWING  THE  COUNTY  TREASURER'S  ACCOUNT  FOR 
THE  COUNTY  OF  BARNSTABLE. 

Whereas  the  Treasurer  for  the  County  of  Barnstable, 
has  laid  his  Accounts  before  the  General  Court  in  manner 
prescribed  by  law,  which  Accounts  are  hereby  allowed  — 
and  whereas  the  Clerk  of  the  General  Sessions  of  the 
peace  for  said  County,  has  laid  before  the  General  Court 
an  estimate  made  by  said  Court  of  General  Sessions  of 
the  peace,  of  the  necessary  Charges  likely  to  arise  within 
said  County  for  the  present  year,  amounting  to  two  hun- 
dred pounds : 

Resolved,  that  the  sum  of  Two  hundred  pounds,  be,  and 
hereby  is  granted,  as  a  Tax  for  said  County  of  Barnstable, 
to  be  apportioned.  Assessed,  collected  and  applied  in 
manner  agreeable  to  law,  for  the  purposes  aforesaid. 

February  1,  1794.* 

Chapter  ITa.I 

ORDER  ON  THE  PETITION  OF  THE  INHABITANTS  OF  THE   FIRST 
PARISH  OF  THE  TOWN   OF  BRADFORD. 

On  the  petition  of  the  inhabitants  of  the  first  parish  in 
the  town  of  Bradford  praying  to  be  incorporated  into  a 
town . 

Ordered  that  the  petitioners  notify  the  town  of  Brad- 
ford by  serving  the  Clerk  of  said  town  with  an  attested 
copy  of  their  said  petition  and  this  order,  thirty  days  at 
least  before  the  third  Wednesday  of  the  first  session  of 
the  next  General  Court,  that  they  may  appear  on  the  said 
day,  and  shew  cause,  if  any  they  have  why  the  prayer  of 
their  said  petition  should  not  be  granted. 

February  3,1794. 

*  Approved  February  1,  1794. 

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


612  Resolves,  1793.  —  January  Session. 

Chapter  18. 

RESOLVE   ON  THE   PETITION    OF   DAVID  THOMPSON. 

On  the  Petition  of  David  Thompson  praying  for  an 
addition  to  his  Annual  Stipend  of  Ten  pounds. 

Mesolved  for  Reasons  set  forth  in  his  Petition  that  there 
be  &  liereby  is  granted  to  sd.  David  Thorn jison  an  Addi- 
tional Sum  of  Forty  shillings,  making  his  Annual  Stipend, 
in  future  to  be  twelve  pounds,  &  to  be  paid  in  the  same 
manner  as  has  been  usuall.  February  3,  1794  * 

Chapter  19. 

RESOLVE   ON  THE  PETITION   OF  WILLIAM   PERKINS. 

Upon  the  Petition  of  William  Perkins  commanding  offi- 
cer of  the  Garrison  at  Castle  Island,  praying  to  be  relieved 
from  a  Judgement  recovered  against  him  for  wood  furnished 
him  for  five  years  in  his  said  Capacity  by  William  Salis- 
bury. Resolved  that  there  be  allowed  &  paid  out  of  the 
Treasury  of  this  Comonwealth  to  William  Salisbury  late 
issuing  Commissary  at  Castle  Island  the  sum  of  fifty  seven 
Pounds  nine  shillings  &  nine  pence  in  full  of  his  Demand 
against  the  said  William  Perkins  for  extra  Wood  furnished 
him  at  said  Garrison  from  the  2d.  of  Novr.  1785  to  March 
31,  1791.  Provided  that  the  said  Salisbury  shall  release 
to  said  Perkins  all  Demands  on  account  of  Wood  supplied 
as  aforesaid .  February  4 ,  1 794 .  f 

Chapter  30. 

RESOLVE   ON  THE    PETITION  OF  SAMUEL  GATES. 

On  the  Petition  of  Samuel  Gates,  Praying  that  John 
Green  Junr.  Admr.  on  the  Estate  of  Martha  Holbrook 
late  of  Worcester  in  the  County  of  Worcester  Spinster 
Deed,  be  impowered  to  make  Conveyance  of  about  thir- 
teen Acres  of  Land  Situate  in  Worcester  aforesaid,  lying 
in  Common  and  undivided  with  the  Heirs  of  Abel  Hol- 
brook late  of  said  Worcester  Deceased. 

Mesolved  for  Reasons  set  forth  in  said  Petition,  That  the 
said  John  Green  Junr,  Admr.  as  aforesaid,  be,  and  he  is 
hereby  authorized  and  impowered,  to  make  and  execute 

*  Approved  February  3,  1794.  f  Approved  February  6,  1794. 


Resolves,  1793.  —  January  Session.  613 

to  the  said  Samuel  Gates  a  Deed  of  ye  aforesaid  thirteen 
Acres  of  Land,  which  Shall  be  good  &  valid  to  all  intents 
and  purposes,  to  convey  the  Same,  as  if  it  had  been  made 
and  duely  executed  by  ye  said  Martha  in  her  lifetime. 

February  5,  1794* 

Chapter  21. 

RESOLVE   ON  THE   PETITION  OF    THE    TOWN  OF    LIMMINGTON. 

On  the  Petition  of  the  Inhabitants  of  the  Town  of  Lim- 
mington,  praying  for  the  Abatement  of  Sundry  Taxes 
Levied  on  that  Town  prior  to  the  Year  1791. 

Resolved  for  reasons  set  forth  in  said  Petition  That  the 
prayer  of  said  Petitioners  be  so  far  Granted  That  the 
Treasurer  of  this  Commonwealth  be,  &  he  is  hereby 
Directed  to  Discharge  the  said  Town  of  Limmington, 
from  the  Sum  of  One  Hundred  &  ninety  seven  Pound, 
ten  shillings  &  ten  pence,  being  a  Tax  Assessed  on  said 
Town  of  Limmington  formerly  called  Little  Ossipee  in 
the  Year  1785,  in  Tax  No.  (5)  —  And  that,  the  said  Town 
of  Limington  be  Directed  to  pay  Into  the  Treasury  of 
said  Commonwealth,  on  or  before  the  first  Day  of  January 
next  the  sum  of  Ninety  Three  pound,  fifteen  shillings  and 
six  pence.  It  being  the  amount  of  the  several  Taxes 
Assessed  on  said  Town  of  Limington,  in  No.  6,  No.  7, 
No.  8  &  No.  9  Taxes  —  And  that  the  Selectmen  or  As- 
sessors of  said  Town,  be  &  hereby  are  Directed  to  make 
Return  of  the  Assessment  thereof  to  the  Treasurer  of  this 
Commonwealth,  on  or  before  the  last  Day  of  June  next  — 
In  Maner  prescribed  by  Law.  February  5,  1794.f 

Chapter  2'^. 

RESOLVE  ON  THE  PETITION  OF  RUTH  GAY,  EMPOWERING  HER 
TO  APPOINT   AN  AGENT  TO  DEMAND   CERTAIN  RENTS. 

On  the  Petition  of  Ruth  Gay  praying  that  some  per- 
son may  be  appointed  to  demand  &  receive  the  rent 
due  on  Certain  real  Estate,  formely  belonging  to  Martin 
Gay  which  was  granted  to  her  for  the  support  of  herself 
&  family  by  a  Resolve  passed  Jany.  13,  1780. 

Resolved  that  the  petitioner  Ruth  Gay,  be  &  she  hereby 
is  authorized  &  impowered  to  appoint  an  agent  or  attor- 
ney at  her  expence  to  demand  &  receive  all  such  sums  of 


Approved  February  5,  1794.  f  Approved  February  7,  1794. 


614  Resolves,  1793.  —  January  Session. 

money  as  may  be  due  for  the  rent  of  such  real  Estate 
of  Martin  Gay  aforesaid,  as  was  confiscated  to  the  use  of 
Government,  and  which  accrued  before  the  sale  of  the 
said  Estate  —  the  said  Ruth  Gay  rendering  an  account  to 
the  «Tudge  of  Probate  for  the  County  of  Suffolk  of  the 
sums  she  may  so  receive.  February  5,  1794.f 

Chapter  33. 

RESOLVE    MAKING    ADDITION   TO  THE  WAGES  OF    JAMES   FOS- 
TER, JUN. 

Upon  the  Petition  of  James  Foster  Junr.  —  Stating  that 
he  was  allowed  by  the  Court  of  the  last  year  extra  pay  for 
his  services  as  a  Clerk  in  the  Treasury  Office  —  that  no  pro- 
vision was  made  for  the  continuance  thereof —  &  praying 
for  such  an  allowance  for  his  subsequent  services  in  that 
capacity,  as  may  be  reasonable. 

Resolved  that  there  be  allowed  to  James  Foster  Junr. 
for  his  services  as  Clerk  in  the  Treasury  Office  —  two 
shillings  ^  day,  in  addition  to  eight  shillings  $?  day  (the 
common  establishment  for  Clerks  in  the  Secretary's  & 
Treasurer's  Offices)  from  &  after  — 2d  day  of  July  1792.. 

February  5,  1794.-\ 

Chapter  24. 

RESOLVE   ON   THE   PETITION  OF  ENOCH  GREENWOOD. 

On  the  Petition  of  Enoch  Greenwood  a  Soldier  in  the 
Contenental  Army  taken  Prison  [e?']  at  Fort-AVashington 
November  16,  1776  and  detained  Prisoner  on  board  a 
Prison  Ship  at  New  York  untill  the  6th  of  January  1777 
Praying  for  his  Wages  during  his  Captivity  and  Milage 
home  which  have  never  been  paid  him. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Treas- 
my  of  this  Commonwealth  to  the  said  Enoch  Greenwood 
the  sum  of  five  pounds  Eight  Shillings  in  full  for  his  Ser- 
vices in  the  Contenental  Army  —  in  the  late  War. 

February  6,  1794.% 

Chapter  35. 

RESOLVE   ON  THE   PETITION  OF  JAMES  WITHERELL. 

On  the  Petition  of  James  Witherell,  Collector  of  Taxes 
for  the  Town  of  Lebanon  for  the  years   1779   &  1780 

*  This  resolve  not  signed.  t  Approved  February  5,  1794. 

X  Approved  February  7,  1794. 


Resolves,  1793.  —  January  Session.  615 

praying  that  the  Town  of  Lebanon  may  be  credited  for 
the  Sum  of  Eight  hundred  &  ninteen  pounds  P^leven  shil- 
lings old  Continental  Currency,  which  ought  to  have  been 
passed  to  his  Credit  agreable  to  a  former  Resolve  of  the 
General  Court  of  March  3d  1786. 

Resolved  that  the  prayer  of  said  Petition  be  so  far 
granted  that  the  Treasurer  of  the  Commonwealth  be  & 
hereby  is  directed  to  Credit  the  Town  of  Lebanon  fifty 
two  pounds  ten  shillings  &  Six  pence  on  the  first  tax  for 
1779  being  the  sum  short  credited  for  a  payment  made  by 
the  said  James  WitherellJuly  17th  1780. 

February  5,  1794  * 


Chapter  35A.t 

ORDER  ON  THE   PETITION   OF   SUNDRY    INHABITANTS    OF  THE 
TOWN  OF  WARREN. 

On  the  Petition  of  the  Selectmen  &  other  Inhabitants 
of  the  Town  of  Warren. 

Ordered  that  the  Petitioners  Cause  an  attested  copy  of 
their  Petition  with  this  order  thereon,  to  be  Published  two 
Aveeks  Successively  in  the  Gazettee  of  Main  ;  and  Eastern 
Herald  Printed  in  Portland  in  the  destrict  of  Main  Eight 
weeks,  before  the  Second  Wednesday  of  the  first  Session 
of  the  next  General  Court ;  that  any  Persons  interested 
May  then  Appear,  and  Shew  cause,  if  any  they  have  why 
the  Prayer  of  Said  Petition  Should  not  ])e  granted. 

February  6,  1794. 

Chapter  26. 

RESOLVE    ON    THE    PETITION    OF    EBENEZER    BORDWELL    AND 
ABIGAIL  BORDWELL. 

On  the  petition  of  Ebenezer  Bordwell  &  Abigail  Bord- 
[man]  [?«e/Z]  of  Shelburn  in  the  County  of  Hampshire, 
Administrators  on  the  Estate  of  Enoch  Bordwell  late  of 
said  Shelburn  deceased  praying  to  be  impowered  to  make 
a  Deed  of  a  })iece  of  Land  to  Israel  Jones. 

Resolved,  that  Ebenezer  Bordwell  and  Abigail  Bord- 
well in  their  said  capacity  as  Administrators  on  the  Estate 
of  Enoch  Bordwell  be  &.  they  hereby  are  impowered  to 
make  and  execute  a  good  and  sufficient  Deed  to  Israel  Jones 
of  Sixteen  Acres  of  Land,  lying  within  the  Township 
of  Shelburn,   being   the   Easterly  end    of  Lots   number 

*  Approved  February  6,  1794.  f  Not  printed  in  previous  editions. 


616  Resolves,  1793.  —  January  Session. 

Thirty  Eight  &  Thirty  Nine  in  the  south  half  so  called 
of  said  Shelburn,  and  to  extend  from  the  East  line  of  said 
Lots  the  whole  width  thereof  so  far  as  that  a  line  across 
the  same  parrallel  with  said  East  line  will  contain  Sixteen 
Acres  —  They  Observing  the  Law  respecting  Executors  & 
Adminstrators.  February  7,  1794.* 

Chapter  27. 

RESOLVE   ON  THE   PETITION  OF   JAMES  ALLEN. 

On  the  Petition  of  James  Allen  late  a  Soldier  in  Colo. 
Vorse's  Regiment. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernor and  Council  the  pay  or  arrears  of  pay  due  to  the 
said  James  Allen  a  private  Soldier  in  Colo.  Vorse's  Regi- 
ment and  the  Treasr.  on  receiving  a  warrant  therefor  is 
directed  to  Issue  his  note  or  notes  to  the  said  James 
Allen  in  the  same  way  and  manner  as  has  been  practiced 
in  paying  other  Soldiers  for  Simelar  Services. 

February  7,  1794. \ 

Chapter  38. 

RESOLVE  ON  THE   PETITION  OF   JOHN    MORSE  ADMINISTRATOR 
ON  THE  ESTATE   OF   PRINCE   BACHELUER. 

On  the  Petition  of  John  Morse  Administrator  on  the 
Estate  of  Prince  Bachelder  late  a  private  Soldier  in  Colo. 
Sprout's  Regiment. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernor and  Council  the  pay  or  arrears  of  pay  due  to  the 
said  Prince  Bachelder  late  a  private  soldier  in  Colo. 
Sprouts  Regiment,  and  the  Treasurer  on  receiving  a  War- 
rant therefor  is  directed  to  Issue  his  note  or  notes  to  the 
said  John  Morse  Administrator  on  the  Estate  of  Prince 
Bachelder  in  the  same  way  and  manner  as  has  been 
practiced  in  paying  other  soldiers  for  Simelar  Services. 

February  7,  1794.^ 

Chapter  38a. J 

ORDER  ON  THE  PETITION  OF  ZEBULON  GOSS  AND  OTHERS. 

On  the  petition  of  Zebulon  Goss  &  others  praying  to 
be  set  off  from  the  town  of  Upton  and  annexed,  to  the 
town  of  Mendon. 

*  Approved  February  10,  1794.  t  Approved  February  7,  1794. 

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


Resolves,  1793.  —  January  Session.  617 

Ordered  that  the  petitioners  notify  the  town  of  Upton 
by  leaving  an  attested  copy  of  their  petition  and  this 
order  thereon,  with  the  town  Clerk  of  said  Upton  thirty 
days  at  least  before  the  second  Tuesday  of  the  next  setting 
of  the  General  Court,  that  they  may  appear  on  said  day 
and  shew  cause,  if  any  they  have,  why  the  prayer  of  the 
said  petition  should  not  be  granted.       February  7,  1794. 


Chapter  39. 

RESOLVE    ON   THE    PETITION   OF   ABRAHAM    W^ASHBURN. 

On  the  Petition  of  Abraham  Washburn  a  Soldier  in 
Colo.  Nixon's  Regiment  in  the  Late  Continental  Army 
Praying  that  he  may  be  allowed  the  wages  due  to  him  for 
his  Services. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernor and  Councel  the  pay  or  arrears  of  Pay  due  to  the 
said  Abraham  Washburn  for  his  Services  as  a  private 
Soldier  in  Colo.  Nixon's  Regt.  and  the  Treasurer  on 
receiving  a  Warrant  is  hereby  directed  to  Issue  his  note 
or  notes  to  the  said  Abraham  Washburn  in  the  same  w^ay 
and  Manner  as  has  been  practiced  in  paying  other  Soldiers 
for  Simelar  Services.  February  7,  1794.* 

Chapter  30. 

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

On  the  Petition  of  the  Selectmen  of  the  Town  of  Bid- 
deford.  Resolved  for  reasons  sett  forth  in  the  said  Peti- 
tion, That  ye  Treasurer  of  the  Comon wealth  be,  &  he 
is  hereby  directed  to  receive  of  ye  Selectmen  of  ye  Town 
of  Biddeford,  the  Sum  of  two  hundred  &  thirty  one 
pounds,  ten  shillings  &  two  pence  in  Specie,  &  to  dis- 
charge ye  said  Town  of  Biddeford,  of  the  Sum  of  three 
hundred  &  fifty  one  pounds  seventeen  shillings  &  four 
pence,  deficient  upon  Tax  No.  5,  committed  to  Benjamin 
Nasson,  &  William  Merch  constables  of  said  Town : 
Provided  that  ye  sd.  Selectmen  shall  pay  ye  first  men- 
tioned Sum  on  or  before  ye  first  day  of  July  next. 

February  7,  1794.'\ 

*  Approved  February  7,  1794.  t  Approved  February  10,  1794. 


618  Resolves,  1793.  —  January  Session. 

Chapter  31. 

RESOLVE  ON  THE  PETITION  OF  ABAGAIL  BABBIDGE,  GRANT  TO. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Treas- 
ury ot  this  Commonwealth  to  Abagail  Babbidge  the  sum 
of  nineteen  pounds  sixteen  shillings  being  in  full  for 
wages  due  to  Benja.  Bal>bidge  for  services  rendered  this 
Commonwealth  as  appears  frt>m  a  Certificate  of  Tristram 
Coffin  lodged  with  the  late  board  of  War  the  said  Benja. 
having  authorised  &  impowered  said  Abagail  to  recieve 
the  same.  February  7,  1794* 

Chapter  SIa.I 

ORDER  ON   THE    PETITION  OF   JOHN   MILLERD   AND  OTHERS. 

On  the  Petition  of  John  Millerd  and  others  Praying  to 
1)6  incorperated  into  a  Parish. 

Ordered  that  the  Petitioners  notify  the  Towns  of  Mid- 
dleborough  and  Rochester  by  leaving  an  Attested  Copy 
of  their  Petition  and  this  order  thereon  with  the  Respec- 
tive Clerks  of  the  aforesaid  Towns  thirty  days  at  least 
l:)efore  the  second  Tuesday  of  the  next  seting  of  the  Gen- 
eral Court  that  they  may  appear  on  said  day  and  Shew 
cause  if  any  they  have  why  the  Prayer  of  said  Petition 
Should  not  be  granted.  February  7,  1794. 

Chapter  32. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  THE  TOWN 
OF  BUXTON,  ESTABLISHING  A  LINE. 

Persuant  to  a  Resolve  of  the  General  Court  of  the  Com- 
monwealth of  Massachusetts,  passed  March  27  1793. — 

On  the  Petition  of  the  Select  Men  of  the  Town  of 
Buxton,  We  your  Committee  have  Notified  the  Select 
Men  of  Gorham,  Buxton  &  Standish  each  of  whom  were 
present  with  their  witnesses,  at  the  Moniments  mentioned 
in  said  Resolve  or  on  the  spots  where  the  moniments  were 
said  to  stand,  and  after  fully  hearing  the  said  Selectmen  & 
their  witnesses  respecting  the  matter  We  proceeded  to  run 
from  where  the  Hemlock  stood.  North  thirty  three  &  three 
quarters  of  a  degre  West  as  the  magnet  now  directs.  On 
the  third  mile  from  said  hemlock,  Capt.  Samuel  Harding's 
house  is  six  rod  laking  five  links  West  thirty  four  degrees 


Approved  February  7, 1794.  t  Not  printed  in  previous  editions. 


Resolves,  1793.  —  January  Session.  619 

South  ;  At  three  mile  and  a  half  Samuel  Warren's  house 
is  two  rod  &  twenty  two  links  East  fift}^  six  degrees 
North  measuring  from  the  nighest  part  of  said  house  ;  On 
the  seventh  mile  Cupt.  Asa  Whitney's  house  is  four  rods 
&  fifteen  links  East  fifty  six  degrees  North ;  a  little  more 
than  seven  Mile  is  David  Davis's  house  twenty  seven  feet 
on  the  Westerly  side  and  at  right  angles  ;  and  at  the  end 
of  seven  Mile  one  hundred  &  nine  rod  is  the  corner  of 
Gorham  where  stands  a  black  Ash  tree  marked  with  the 
letter  G  on  the  Easterly  side  and  B  on  the  Westerly  side 
(the  Firr  tree  being  dead)  We  continued  on  the  same 
Course  one  mile  ninety  one  rod  to  the  North  Westerly 
corner  of  Buxton  where  the  Beach  mentioned  in  said  Re- 
solve, is  said  to  have  stood,  where  we  erected  a  pile  of 
Stones  a  large  one  being  at  the  bottom,  which  is  on  the 
South  East  side  of  the  highest  land  between  Casco  Bay  & 
Saco  River ;  &  we  have  staked  &  marked  the  whole 
distance,  all  which  is  humbly  submited. 

JEDH.   PRESCOTT 
DUMR.    SEWALL 
JOHN   jNIERRILL 

Buxton  Oetv.  11  1793 

Read  &  accepted  &  thereupon  Resolved  that  the  line  as 
run  by  said  Committee  between  the  said  town  of  Buxton 
&  Gorham  be  established  as  the  dividing  line  between 
those  towns  &  also  that  the  same  line  as  continued  to  the 
Northwest  Corner  of  Buxton  aforesaid  be  established  as 
the  dividing  line  between  said  Buxton  &  said  Standish  to 
the  said  Northwest  corner  of  Buxton. 

February  7,  1794* 

Chapter  33. 

RESOLVE  ON  THE  PETITION  OF  THE  REV.  ZACHARIAH  MAY- 
HEW,  AUTHORIZING  HIM  TO  USE  SIX  POUNDS  AND  TO  MAKE 
THE  APPLICATION  AS  MENTIONED. 

On  the  Petition  of  the  Revd.  Zachariah  Mayhew. 

Resolved  that  the  prayer  of  said  Petition  l)e  so  far 
granted,  that  the  said  Zachariah  Mayhew  be  and  hereby 
is  authorized,  to  use  six  pounds  lawful  money,  out  of  the 
principal  sum  of  the  money  he  now  has  in  his  hands,  be- 
longing to  Samuel  Umpany  &  his  Wife  Indians  ;  the  same 

•  Approved  February  10,  1794. 


620  Resolves,  1793.  —  January  Session. 

to  be  applied  to  the  support  of  the  said  Samuel  &  his 
Wife  in  their  present  aged  &  infirm  State. 

February  7,  1794* 

'      Chapter  33A.t 

ORDER  ON  THE  PETITION   OF  BENJAMIN  CAMPBELL  &  OTHERS. 

On  the  petition  of  Benjamin  Campbell  &  others. 

Ordered  that  the  petitioners  notify  the  town  of  Egre- 
mont  by  leaving  an  attested  copy  of  their  petition  &  this 
order  thereon  with  the  Clerk  of  sd.  Town  thirty  days  at 
least  l)efore  the  second  Tuesday  of  the  next  sitting  of  the 
next  General  Court  that  they  may  then  appear  &  shew 
cause  if  any  they  have  why  the  prayer  of  said  petition 
should  not  be  granted.  February  7,  1704. 

Chapter  34. 

RESOLVE  ALLOWING  THE  COUNTY  TREASURER'S  ACCOUNT 
FOR  THE  COUNTY  OF  HAMPSHIRE  AND  GRANTING  A  TAX. 

Whereas  the  Treasurer  of  the  County  of  Hampshire,  has 
laid  his  Accounts  before  the  General  Court  in  manner 
prescribed  by  law  —  which  Accounts  are  hereby  allowed  — 
and  whereas  the  Clerk  of  the  General  Sessions  of  the 
peace  for  said  County,  has  laid  before  the  General  Court, 
an  estimate  made  by  said  Court  of  General  Sessions  of 
the  peace,  of  the  necessary  charges  likely  to  arise  within 
said  County  the  present  year,  amounting  to  eight  hundred 
pounds : 

Resolved,  that  the  sum  of  Eight  hundred  pounds,  be, 
and  hereby  is  granted  as  a  Tax  for  said  County  of  Hamp- 
shire, to  be  apportioned,  assessed,  collected,  and  applied 
in  manner  agreeable  to  law,  for  the  purposes  aforemen- 
tioned. February  6,  1794.% 

Chapter  35. 

RESOLVE  ON  THE  PETITION  OF  JOSEPH  CHANDLER,  AUTHOR- 
IZING THE  TREASURER  TO  ISSUE  THREE  NOTES  IN  LIEU  OF 
NOTES  FORGED. 

On  the  Petition  of  Joseph  Chandler  Praying  for  thirty 
Seven  Pounds  thirteen  Shillings  and  nine  pence  which 
was  drawn  by  William  Tucker  with  a  forged  order. 

*  Approved  February  8,  1794.  f  Not  printed  in  previous  editions. 

X  Approved  February  7,  1794. 


Resolves,  1793.  —  January  Session.  621 

Resolved,  that  the  Treasurer  of  this  Commonwealth  be 
and  he  hereby  is  Authorised  and  Directed  to  Issue  to 
Joseph  Chandler  three  State  Notes  of  the  amount  of 
thirty  Seven  pounds  thirteen  Shillings  and  nine  pence  in 
the  Same  way  and  manner  as  he  would  have  done  pro- 
vided Said  Notes  had  not  l^een  drawn  by  a  forged  order. 

February  7,  1794* 


Chapter  36. 

RESOLVE  ON  THE  PETITION  OF  THE  INHABITANTS  OF  THE 
PLANTATION  OF  OTISFIELD,  DIRECTING  THE  TREASURER  TO 
CREDIT  £.90,  WITH  A  PROVISO. 

On  the  Petition  of  the  Inhabitants  of  the  Plantation  of 
Otisfield  in  the  County  of  Cumberland  Praying  for  an 
Abatement  of  Taxes. 

Resolved,  for  Reasons  set  forth  in  Said  Petition  that 
the  Treasurer  of  this  Commonwealth  Ije  and  he  hereby  is 
Directed  to  Credit  the  Said  Plantation  of  Otisfield  with 
the  Sum  of  Ninety  Pounds  being  the  Sum  Assessed  on 
Said  Plantation  in  Tax  No.  5.  Provided  that  the  Said 
Plantation  shall  pay  the  Remainning  Taxes  laid  on  Said 
Plantation  amounting  to  the  Sum  of  fifty  three  jiounds 
Seven  Shillings  &  nine  pence  within  one  year  from  the 
Date  of  this  Resolve.  February  7,  1794.f 


Chapter  37. 

RESOLVE  ON  THE  PETITION  OF  JESSE  WARNER,  IN  BEHALF  OF 
JOSEPH  MANSFIELD,  DIRECTING  JOHN  DEMING,  ESQ.  TO  CER- 
TIFY THE  BALLANCE  DUE  TO  HIM. 

On  the  Petition  of  Joseph  Mansfield  late  a  private 
Soldier  in  Colo.  Sprouts  Regiment. 

Resolved  that  John  Doming  Esqr.  Certify  to  the  Gov- 
ernor and  Council  the  pa}^  or  arrears  of  pay  due  to  the 
said  Joseph  Mansfield  for  his  services  as  a  private  Soldier 
in  Colo.  Sprouts  Regiment  and  the  Treasurer  on  Receiv- 
ing a  warrant  therefor  is  directed  to  Issue  his  note  or 
notes  to  the  said  Joseph  Mansfield  in  the  same  way  and 
manner  as  has  been  practiced  in  paying  other  Soldiers 
for  Simelar  Services.  February  7,  1794* 

*  Approved  February  7,  1794.  t  Approved  February  10,  1794. 


622  Kesolves,  1793.  —  January  Session. 


Chapter  37a.* 

ORDER  ON  THE  PETITION  OF  THOMAS  PAGAN. 

On  the  petition  of  Thomas  Pagan  an  Indian  man,  set- 
ting forth  that  he  has  been  at  great  expence  in  supporting 
his  mother  in  her  last  sickness  —  and  tliat  his  proportion 
of  the  lands  belonging  to  the  Dudley  Indians  has  been  set 
off  to  him  for  sixteen  years  past,  &  has  been  rented  out 
for  at  least  four  pounds  a  year  —  and  that  he  has  never 
received  any  thing  therefor  from  said  gardians. 

Ordered  that  the  petitioner  Thomas  Pagan  Notify  the 
gardians  of  the  Dudley  Indians  aforesaid  to  appear  on 
the  second  Wednesday  of  the  first  session  of  the  next 
general  court  by  serveing  them  with  an  attested  copy  of 
his  petition  and  this  order  thereon,  thirty  days  at  least 
before  the  said  second  Wednesday,  to  shew  cause  if  any 
they  may  have  why  they  should  not  pay  him  his  propor- 
tion of  the  rent  aforesaid.  February  7,  1794. 

Chapter  38. 

RESOLVE    ON   THE   PETITION    OF   ELISHA   TURNER,    DIRECTING 
JOHN  DEMING,  TO  CERTIFY  HIS  BALANCE. 

On  the  Petition  of  Elisha  Turner  a  private  soldier  in 
Colo.  Marshall's  Regiment. 

Resolved  that  John  Deming,  Esqr.  Certify  to  the  Gov- 
ernor and  Council  the  pay  or  arrears  of  Pay  due  to  the 
said  Elisha  Turner  a  private  soldier  in  Colo.  Marshall's 
Regiment  and  the  Treasurer  on  receiving  a  warrant  there- 
for is  hereby  directed  to  Issue  his  note  or  notes  to  the 
said  Elisha  Turner,  in  the  same  way  and  manner  as  has 
been  practiced  in  Paying  other  Soldiers  for  Similar  Ser- 
vices. February  7,  1794.-\ 

Chapter  39. 

RESOLVE  ON  THE  PETITION  OF  PHINEHAS  POMROY,  GRANTING 
HIM  £.40  FOR  LOSSES  HE  SUSTAINED  BY  A  WOUND. 

On  the  Petition  of  Phinehas  Pomroy,  praying  that  he 
may  receive  compensation  for  losses  sustained  by  a  wound 
he  received  by  the  bursting  of  a  Soldier's  musket  in  the 
Company  of  which  he  was  then  an  Ensign. 

*  Not  printed  in  previous  editions.  t  Approved  February  10,  1794. 


Resolves,  1793.  —  January  Session.  623 

Resolved,  For  Reasons  set  forth  in  his  Petition  that 
there  be  allowed  and  paid  out  of  the  Treasury  of  this 
Commonwealth  to  the  said  Phinehas  Pomroy  the  sum  of 
forty  pounds  in  full  compensation  for  losses  he  sustained 
by  the  wound  he  received.  February  7,  1794.* 

Chapter  40. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  THE  TOWN 
OF  LENOX,  CONSIDERING  CHRISTIAN  CROW  AS  ONE  OF  THE 
STATE'S  POOR,  AND  ALLOWING  ACCOUNTS  FOR  HIS  MAINTEN- 
ANCE. 

On  the  petition  of  the  Selectmen  of  the  town  of  Lenox. 

Resolved  for  reasons  set  forth  in  said  petition  that  the 
Selectmen  of  said  town  be  &  hereby  are  allowed  to  lay 
their  accounts  for  the  support  &  maintenance  of  one 
Christian  Crow  a  foreigner  before  the  Committee  on  Ac- 
counts, &  the  said  Committee  are  hereby  directed  to  ex- 
amine &  pass  such  Accounts  so  far  as  shall  appear  to  them 
just  &  reasonable.  February  10,  1794.f 

Chapter  41. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  GEORGE- 
TOWN, DIRECTING  THE  PAYMENT  INTO  THE  TREASURY  OF 
£.201  16,  ON  OR  BEFORE  THE  1st  DAY  OF  JANUARY  NEXT; 
THE  TREASURER  TO  DISCHARGE  SAID  TOWN  FROM  THE  BAL- 
ANCE  NOW  DUE. 

On  the  petition  of  the  Select  Men  of  Georgetown. 

Resolved  for  reasons  set  forth  in  said  [)etition,  that  Pro- 
vided the  Town  of  Georgetown  pay[ing]  into  the  Treasury 
of  this  Commonwealth  Two  hundred  &  one  pounds  sixteen 
shillings  on  or  before  the  first  day  of  January  next  the 
Treasurer  is  hereby  Authorised  and  directed  to  discharge 
said  Town  of  Georgetown  from  the  ballance  now  due  on 
the  New  Emission  tax  of  four  hundred  &  Thirty  pounds 
Ten  shillings  &  4d.  February  7,  17944 

Chapter  42. 

RESOLVE  ON  THE   PETITION  OF  JOHN  PICKET,  JUN.  DIRECTING 
THE  TREASURER  TO  DISCHARGE  HIS  BALANCE. 

On  the  petition  of  John  Picket  Jun.  on  behalf  of  the 
Town  of  Sandisfield  to  have  liberty  to  pay  the  balance  of 

*  Approved  February  8,  1794.  t  Approved  February  12,  1794. 

X  Approved  February  10,  1794. 


624  Resolves,  1793.  —  January  Session. 

Twelve  pounds  thirteen  shillings  &  ten  pence ^clue  from 
said  Town  according  to  the  Value  of  i)aper  in  the  year 
1781. 

Resolved  for  reasons  given  in  said  petition  that  the 
prayer  of  the  petition  be  granted  &  that  the  Treasurer  be 
directed  to  discharge  said  Balance  on  receiving  from  the 
petitioner  the  Sum  of  One  pound  Sixteen  Shillings. 

February  10,  1794  * 


Chapter  43. 

RESOLVE  ON  THE  PETITION  OF  LEVI  CLAP,  GRANT  TO. 

On  the  Petition  of  Levi  Clap. 

Resolved  that  there  be  allowed  and  paid  out  of  the  pul)- 
lic  treasur[2/]  of  this  Commonwealth  to  the  said  Levi  Clap 
two  pounds  two  Shilings  in  full  for  his  gun  and  other 
articles  mentioned  in  his  petition,  which  he  lost  in  the 
public  Service  in  the  year  1787.         February  10,  1794  * 


Chapter  44. 

RESOLVE  ON  THE  PETITION  OF  DERICK  HOLEMBECK,  RELIN- 
QUISHING THE  INTEREST  ON  A  CERTAIN  BOND,  WITH  A 
PROVISO. 

On  the  petition  of  Derick  Holembeck  praying  that  a 
part  of  the  interest  accrued  on  a  bond  made  &  executed 
by  him  as  surety  for  &  with  James  Sexton  &  Frederick 
Sexton  to  Harrison  Gray  Esqr.  late  treasurer  of  the  late 
province  of  the  Massachusetts  Bay  bearing  date  the  2 2d 
of  May  A  D  1772  —  conditioned  for  the  payment  of  Six- 
teen pounds,  Sixteen  shillings  &  interest  by  the  20 
day  of  April  then  next,  be  relinquished  and  forbearance 
granted  him  for  payment  of  the  principal  &  the  residue 
of  the  said  interest  accrued  on  said  bond  —  for  reasons  set 
forth  in  said  petition. 

Resolved  that  the  interest  which  has  Accrued  on  said 
bond  since  the  26th  day  of  April  A  D  1779  —  be  &  hereby 
is  relinquished  to  the  said  Derick  Holembeck  ;  provided 
that  the  said  Derick  shall  pay  the  principal  due  on  said 
Bond  and  the  interest  which  accrued  thereon  untill  the 
said  26th  day  of  April  A  D  1779  —  in  one  year  from  the 
passing  this  resolve  into  the  treasury  of  this  Common 
wealth — And  the  treasurer  is  hereby  authorised   &  di- 

*  Approved  February  10,  1794. 


Resolves,  1793.  —  January  Session.  625 

reeled  upon  the  payment  of  the  principal  &  interest  due 
on  said  ])ond  (saveing  the  interest  hereby  relinquished) 
into  the  treasury,  within  three  months  from  the  passing 
this  resolve,  to  cancel  said  bond.       February  10,  1794.* 

Chapter  45. 

RESOLVE  ON  THE  PETITION  OF  ASA  ALLEN,  DIRECTING  THE 
TREASURER  TO  ISSUE  A  NOTE  FOR  £.4  7  8,  IN  LIEU  OF  A 
NOTE   PAYABLE   TO    HANNAH    KITTERIDGE. 

On  the  petition  of  Asa  Allen  of  Andover  in  the  County 
of  Essex. 

Resolved  that  the  Treasurer  of  the  Commonwealth  be 
and  he  hereby  is  directed  to  issue  a  note  payable  to  said  Asa 
Allen  or  order  for  the  sum  of  four  pounds  seven  shillings 
&  eight  pence  to  bear  date  the  first  day  of  May  A  D  1787, 
in  lieu  of  and  of  the  same  tenor  with  a  Note  of  that  date, 
payable  to  Hannah  Kitteridge,  upon  the  said  Asa's  deliv- 
ering to  the  said  Treasurer  said  Note  payable  to  said 
Hannah  which  appears  to  have  l)een  alterd  before  it 
came  into  the  hands  of  the  said  Asa  Allen  and  who  has 
prosecuted  the  person  to  conviction  who  alterd  the  same. 

February  13,  1794.-f 

Chapter  45a.  J 

ORDER  ON  THE  PETITION  OF  EBENEZER  HALL  AND  OTHERS. 

On  the  petition  of  Ebenezer  Hall  and  others  praying 
to  be  incorporated  for  the  purpose  of  converting  Mystic 
Bridge  into  a  draw  Bridge. 

Ordered  that  the  petitioners  notify  all  persons  who  may 
be  interested  therein  by  publishing  an  attested  copy  of 
said  petition,  and  this  order  thereon,  in  the  Independent 
Chronicle  three  weeks  successively  previous  to  the  second 
Wednesday  of  the  first  Session  of  the  next  general  Court, 
then  to  appear  and  shew  cause,  if  any  they  have,  why  the 
prayer  of  said  petitioners  should  not  be  granted. 

February  13,  1794. 

Chapter  46. 

RESOLVE  ON  THE  PETITION  OF  THE  TOWN  OF  LOUDEN,  ABATING 

TAXES. 

On  the  Petition  of  the  Committee  in  behalf  of  the  Town 
of  Louden  praying  for  the  abatement  of  certain  Taxes. 

*  Approved  February  10,  1794.  t  Approved  February  14,  1794. 

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


626  Resolves,  1793.  —  January  Session. 

Resolved  For  reasons  set  forth  in  their  Petition  That 
there  be  Abated  to  the  Town  of  Louden  the  sum  of  One 
Hundred  and  forty  live  pounds  four  shillings  &  3d.  due 
from  said  Town  to  the  Commonwealth  on  Tax  No.  5  and 
that  the  Treasurer  is  hereby  directed  to  discharge  said 
Town  from  the  afore  said  sum.  February  13,  1794.* 


Chapter  46A.t 

RESOLVE    ON    THE    PETITION   OF  JOSIAS   NOTTAGE,    GRANTING 

HIM  £75. 

On  the  petition  of  Josias  Nottage  praying  further  com- 
pensation for  building  a  Wharf  at  Rainsford's  Island. 

Resolved  that  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Common- wealth,  to  the  said  Josias  Not- 
tage, the  sum  of  Seventy  live  pounds,  which  together 
with  the  sums  already  paid  him,  shall  be  in  full  for  that 
service.  February  14,  1794.1 


Chapter  46b.  § 

ORDER  ON  THE  PETITION  OF  THE  AGENTS  OF  THE  PROPRIE- 
TORS OF  THE  MIDDLESEX  CANAL. 

On  the  petition  of  the  Agents  of  the  Proprietors  of  the 
Middlesex  Canal. 

Ordered  that  the  petitioners  publish  an  attested  copy 
of  their  petition,  and  this  order  thereon  in  the  indepen- 
dent Chronicle  three  weeks  successively  in  order  that  any 
person  may  appear  on  the  second  Wednesday  of  the  first 
session  of  the  next  General  Court,  to  shew  cause  if  an}'" 
he  has  why  the  prayer  of  said  petition  should  not  be 
granted,  the  last  publication  to  be  before  the  first  day  of 
May  next.  February  14,  1794. 

Chapter  47. 

RESOLVE  ON  THE  PETITION  OF  BAILY  BARTLETT,  ESQ.  TO  LAY 
HIS  ACCOUNT  BEFORE  THE  COMMITTEE  ON  ACCOUNTS  FOR 
EXAMINATION, 

On  the  Petition  of  Baily  Bartlet,  Esqr.  sherifi"  for  the 
County  of  Essex. 

*  Approved  February  13,  1794. 

t  This  resolve  given  no  chapter  number  in  pamphlet  edition. 

+  Approved  February  14,  1794. 

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


Resolves,  1793.  —  January  Session.  627 

Resolved  tliat  the  prayer  of  the  Petition  be  so  far 
Granted  that  the  said  Baily  Bartlett  have  Leave  to  Lay 
his  account  before  the  Committee  on  accounts  who  are 
hereby  Authorised  to  Examine  and  allow  the  same,  or  so 
much  thereof  as  they  may  think  Just  and  Reasonable  any 
Law  to  the  Contrary  notwithstandino^. 

February  17^  1794* 


Chapter  48. 

RESOLVE   ON   THE  PETITION  OF  OLIVER  HARWOOD;  GRANT  TO. 

On  the  Petition  of  Oliver  Harwood  a  Soldier  in  the  ser- 
vice of  the  United  States,  in  Colo.  Tuppers  Regiment, 
praying  for  seventeen  months  wages  while  he  was  a  Pris- 
oner in  Canada,  for  which  he  has  reed,  no  pay. 

Resolved,  That  there  be  paid  out  of  the  Treasury  of 
this  Commonwealth  to  the  said  Harwood,  in  full  of  his 
said  wages,  the  sum  of  Twenty  five  pounds  and  Ten  shil- 
lings, and  that  the  Governor  with  the  advice  of  Council 
1)6,  and  he  hereby  is  requested,  to  draw  his  warrant  on 
the  Treasurer  for  the  same.  February  15.,  1794.* 

Chapter  48A.t 

ORDER  ON   THE  PETITION  OF  EZEKIEL  BROWN  AND  OTHERS. 

On  the  petition  of  Ezekiel  Brown  and  others,  inhabi- 
tants of  a  certain  gore  of  land  adjoining  the  County  of 
Worcester  known  by  the  name  of  Middlesex,  praying  to 
be  annexed  to  the  town  of  Dudley  and  Sturbridge. 

Ordered  that  for  reasons  set  forth  in  said  petition,  that 
the  prayer  thereof  be  so  far  granted,  that  the  petitioners 
be  directed  to  notify  the  inhabitants  of  the  towns  of  Stur- 
bridge and  Dudley,  by  serving  them  with  an  attested  copy 
of  their  petition,  and  this  order  thereon,  fourteen  days  at 
least  before  the  first  sitting  of  the  next  General  Court,  to 
appear  on  the  second  Wednesday  of  the  same,  and  shew 
cause  if  any  they  have,  why  the  prayer  thereof  should 
not  be  granted.  February  15,  1794. 

Chapter  48B.t 

ORDER   ON  THE   PETITION   OF   JOHN   MERRILL   AND  OTHERS. 

On  the  petition  of  John  Merrill  &  others  praying  to  be 
incorporated  into  a  parish. 

*  Approved  February  17,  1794. 

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


628  Resolves,  1793.  —  January  Session. 


Ordered  that  the  petitioners  notify  the  town  of  Tops- 
ham  by  leaving  an  attested  copy  of  their  petition  and  this 
order  thereon  with  the  town  Clerk  of  said  Topsham 
thirty  days  at  least  before  the  second  Wednesday  of  the 
next  setting  of  the  General  Court,  that  they  may  then 
appear  &  shew  cause  if  any  they  have,  why  the  prayer 
thereof  should  not  be  granted.  February  15^  1794. 

Chapter  49. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  THE  TOWN 
OF  PROVINCETOWN,  IN  THE  COUNTY  OF  BARNSTABLE,  DI- 
RECTING THE  TREASURER  TO  DISCHARGE  SAID  TOWN  OF 
£9  18  4. 

On  the  petition  of  the  Selectmen  of  the  Town  of 
Province  Town  in  the  County  of  Barnstable  praying  to  be 
discharg'd  from  a  Tax  assess'd  on  them  in  June  last,  for 
reasons  set  forth  in  said  petition. 

Resolved  That  the  Treasurer  of  the  Commonwealth  be, 
&  he  hereby  is  directed  to  discharge  the  said  Town  of 
Province  Town  of  the  sum  of  nine  pounds,  eighteen  shil- 
lings &  four  pence,  being  a  Tax  assess'd  on  said  Town  in 
June  last.  February  14,  1794.* 

Chapter  50. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  BARNSTA- 
BLE, DIRECTING  THE  TREASURER  TO  CREDIT  SAID  TOWN 
WITH  THE   SUM  OF  £200. 

On  the  Petition  of  the  Select  men  of  the  Town  of  Barn- 
stable. 

Resolved  that  the  Treasurer  of  this  Common  Wealth  be 
and  is  hereby  Directed  to  Credit  said  Town  of  Barnstable 
the  sum  of  two  hundred  Pounds  Charged  against  said 
Town  by  mistake  supposed  to  have  been  received  on  the 
Roll  for  six  months  men  in  the  year  one  thousand  seven 
hundred  &  eighty.  February  14,  1794.* 


Chapter  50A,t 

ORDER  ON   THE  PETITION   OF  THE    INHABITANTS   OF  BAKERS- 
TOWN. 

On  the  petition  of  a  number  of  the  Inhabitants  of  the 
plantation  (Called  Bakers  Town)  in  the  County  of  Cum- 

*  Approved  February  17,  1794.  t  Not  printed  in  previous  editions. 


Resolves,  1793.  —  Januaky  Session.  629 

bcrlaiul  })r;iyiiic:  that  the  said  Plantation  may  ])e  Incor- 
porated into  a  Town. 

Ordered,  that,  the  Said  Petitioners  Notefy  the  Inhabi- 
tants of  the  Plantation  aforsd.  by  Serving  the  Clerk  of 
Said  Plantation  with  an  attested  Copy  of  their  Said  peti- 
tion, and  this  Order,  thirty  days  at  least,  before  the  Sec- 
ond Wednesday,  of  the  first  Session  of  the  next  General 
Court,  that  they  may  appear  on  the  Said  day  and  shew 
Caus[e]  (if  any  the[y]  have)  why  the  prayr.  of  their  said 
Petition  may  not  be  Granted.  February  15,  1794. 

Chapter  51. 

IIESOLVE    ON   THE    PETITION   OF   FREDERICK  WILLIAM   GEYER. 

On  the  Petition  of  Frederick  William  Geyer  of  Boston 
in  the  county  of  Suflblk  merchant  setting  forth  that  he 
and  Nathan  Frazier  at  a  court  of  common  pleas  holden  at 
Boston  within  and  for  the  county  of  Suffolk  on  the  third 
Tuesday  of  April  1792  recovered  Judgment  against  the 
Estate  of  Richard  Church  late  of  New  bedford  in  the 
county  of  Bristol  deceased  in  the  hands  of  Charles  Church 
his  Executor  for  the  sum  of  two  hundred  and  twenty  four 
pounds  ten  shillings  and  two  pence  and  that  the  said  Rich- 
ard was  in  the  proceedings  called  late  of  New  Bedford 
when  in  fact  he  was  of  Rochester  in  the  County  of  Plym- 
outh and  praying  that  the  court  of  common  pleas  may 
he  authorized  to  correct  the  mistake. 

Resolved  that  the  Justices  of  the  court  of  common  pleas 
to  be  holden  at  Boston  within  and  for  the  County  of  Suf- 
folk on  the  third  Tuesday  of  A})ril  next  lie  and  they 
hereby  are  authorized  to  order  the  Clerk  of  the  same 
Court  to  issue  an  Execution  upon  the  Judgment  aforesaid 
against  the  goods  and  Estate  of  the  said  Richard  calling 
and  stiling  him  in  the  same  Execution,  Richard  Church 
late  of  Rochester  in  the  County  of  Plymouth  deceased 
any  misnomer  in  the  original  writ  in  said  suit  to  the  con- 
trary notwithstanding.  February  18,  1794  * 


Chapter  52, 

RESOLVE  ON    THE    PETITION    OF  JONATHAN    SHED,   GRANTING 

HIM   £50. 

On  the  Petition  of  Jona.  Shed. 

Resolved,  That  there  be  allowed  &  paid  out  of  the  Treas- 
ury of  this  Commonwealth  to  Jonathan  Shed  the  sum  of 

*  Approved  February  19, 1794. 


G30  Kesolves,  1793.  —  January  Session. 

fifty  pounds,  to  l)e  in  full  for  the  Expences  of  Doctors, 
nursing  and  loss  of  time  occasioned  by  a  grievous  wound 
the  said  Jonathan  recieved  on  the  Eight  day  of  October 
1788  at  a  Eegimental  Muster  in  the  County  of  Middlesex 
while  in  the  discharge  of  his  duty  as  an  Ensign  which 
appears  from  a  number  of  certificates  to  that  purpose. 

February  18,  1794* 


Chapter  53. 

RESOLVE  AUTHORIZING  THE  SUPREME  JUDICIAL  COURT,  WHEN- 
EVER A  JUDGMENT  OF  CONFISCATION  BY  THE  ACT  FOR  CON- 
FISCATING ABSENTEES'  ESTATES  BE  QUESTIONED,  TO  ADMIT 
OTHERWISE  THAN  BY  RECORD,  EVIDENCE  OF  THE  ISSUING 
SERVICE  AND  RETURN  OF  THE  NOTIFICATIONS  REQUIRED 
BY  SAID   ACT. 

Whereas  Notifications  are  required  by  an  Act  entiteled 
an  Act  for  confiscating  the  Estates  of  certain  persons  com- 
monly called  Absentees,  &  the  same  may  have  been  duly 
issued  and  served,  but  may  afterwards  have  been  accident- 
tally  lost  or  mislaid,  by  which  Judgments  of  confiscation 
render'd  on  said  Act  may  be  endangered  : 

Resolved  That  whenever  a  Judgment  of  confiscation  on 
said  Act  shall  be  questioned  in  the  Supreme  Judicial  Court 
by  writ  of  Error,  or  otherwise,  for  failure  of  the  record 
of  the  issuing  service,  and  return  of  the  notification  re- 
quired in  said  Act,  the  said  Court  shall  be  &  hereby  are 
authorized  and  empowered  to  admit  otherwise  than  by  the 
record,  evidence  of  the  issuing  service  and  return  of  the 
Notifications  aforesaid,  and  proof  of  the  same  being  made 
by  Evidence  out  of  the  record  to  the  satisfaction  of  said 
Court,  shall  be  as  valid  and  eftectual  to  all  intents  &  pur- 
poses in  support  of  the  Judgment  questioned  as  aforesaid, 
as  if  appearing  by  record.  February  IS,  1794.* 

Chapter  .54. 

RESOLVE  ESTABLISHING  THE  PAY  OF  THE  LIEUTENANT  GOV- 
ERNOR, FOR  THE  TIME  BEING,  AVHEN  THE  CHAIR  OF  THE 
GOVERNOR   IS   VACANT. 

Resolved,  That  His  Honor  the  Lieutenant  Governor  for 
the  time  being,  whenever  the  chair  of  the  Governor  shall 
be  vacant,  is  during  such  vacancy  entitled  to  have  &  re- 


*  Approved  February  18,  1794. 


Resolves,  1703.  —  January  Session.  631 

ceive  out  of  the  Treasury  of  this  Commonwealth  so  much 
money  in  addition  to  his  salary  as  Lieutenant  Governor 
as  shall  in  the  whole  amount  to  the  sum  established  by 
Law  as  the  Salary  of  the  Governor  of  this  Commonwealth. 

February  17,  1794* 

Chapter  55, 

RESOLVE  ALTERING  THE  TIME  FOR  THE  SETTING  OF  THE 
COURTS  OF  COMMON  PLEAS  AND  GENERAL  SESSIONS  OF  THE 
PEACE,  IN  THE  COUNTY  OF  CUMBERLAND;  SECRETARY  DI- 
RECTED. 

Whereas  the  courts  of  Common  pleas  &  Genl.  Sessions 
of  the  peace  are  by  law  to  be  holden  at  Portland  within 
&  for  the  County  of  Cumberland  on  the  last  tuesday  of 
May  next,  and  whereas  the  business  of  those  courts  has 
become  so  accumulated  as  to  render  the  appointment  of 
them  at  an  earlier  day,  necessary :  Therefore 

Resolved  that  the  Courts  of  Common  pleas  &,  Genl. 
Sessions  of  the  peace,  which  by  law  should  be  holden  at 
said  Portland  within  &  for  said  County  of  Cumberland 
on  the  last  tuesday  of  May  next,  be,  and  the  same  are 
hereby  ordered  and  appointed  to  be  holden  at  said  Port- 
land within  &  for  said  County  of  Cumberland,  on  the  last 
tuesday  of  April  next  and  all  actions  suits  prosecutions  & 
recognizances  now  pending,  &  all  precepts  processes  & 
recognizances  returnable  to,  and  all  appeals,  made  to  either 
of  said  Courts  appointed  by  law  to  be  holden  at  Portland 
as  aforesaid  ;  and  all  matters  causes  &  things  that  might 
have  had  day,  or  that  might  have  been  moved  or  done  at, 
in  or  by  said  Courts  or  either  of  them,  at  the  time  by 
law  appointed  for  holding  the  Same,  shall  be  returnable 
to,  &  may  l^e  entered,  prosecuted,  had,  moved  and  done 
at,  in  &  by  the  said  Courts  at  the  time  hereby  appointed 
for  holding  the  Same — And  the  Secretary  is  hereby  di- 
rected to  publish  this  Resolve  three  weeks  Successively  in 
the  Gazette  of  Maine  and  also  forthwith  to  transmit  an 
attested  Copy  thereof  to  the  Sherift'  of  said  Count}''  of 
Cumberland.  February  18,  1794* 

*  Approved  February  18,  1794. 


632  Resolves,  1793.  —  January  Session. 


Chapter  56. 

RESOLVE  ESTABLISHING  THE  PAY  OF  THE  MEMBERS  OF  THE 
GENERAL  COURT  AND  ALLOWING  EXTRA  PAY  TO  THE  PRES- 
IDENT AND   SPEAKER. 

Resolved  that  there  be  allowed  and  paid  out  of  the  treas- 
ury of  this  Commonwealth  to  Each  member  of  the  Council 
and  Senate,  and  Each  member  of  the  house  of  Representa- 
tives nine  Shillings  per  Day,  for  Each  Days  attendance 
the  present  Session,  and  a  like  Sum  for  Evry  ten  miles 
travel  from  there  Respe[c]tive  places  of  abode  to  the  place 
of  the  Sitting  of  the  general  Court. 

And  it  is  further  Resolved  that  there  be  paid  to  the  pres- 
ident of  the  Senate,  and  the  Speaker  of  the  house  of  Rep- 
resentatives Six  Shillings  per  Day  Each  for  Each  Days 
attendance  over  and  above  their  pay  as  members. 

February  17,  1794* 


Chapter  57. 

RESOLVE  DIRECTING  THE  ATTORNEY-GENERAL  TO  ATTEND 
BEFORE  THE  SUPREME  JUDICIAL  COURT  TO  DEFEND  THE 
COMMONWEALTH  IN  AN  ACTION  BROUGHT  BY  THE  HEIRS  OF 
ELI AKIM  HUTCHINSON,   AN   ABSENTEE. 

Resolved  That  the  Attorney  General  be  &  he  hereby  is 
directed  to  attend  before  the  Supreme  Judicial  Court,  to 
defend  an  Action  commenced  by  the  Heirs  of  the  Estate 
of  Eliakim  Hutchinson,  an  Absentee  to  procure  a  reversal 
of  a  Judgment  of  Confiscation  against  the  Estate  of  said 
Hutchinson.  February  18,  1794.* 

Chapter  58, 

RESOLVE  ALLOWING  ACCOUNTS  OF  TREASURER  FOR  THE 
COUNTY  OF  WORCESTER,  AND   GRANTING   A  TAX   OF  £900. 

Whereas  the  Treasurer  of  the  County  of  Worcester, 
has  laid  his  Accounts  before  the  General  Court,  in  man- 
ner prescribed  by  Law,  which  Accounts  are  hereby  a})- 
proved  —  And  whereas  the  Clerk  of  the  General  Sessions 
of  the  peace  for  said  County,  has  laid  liefore  the  General 
Court,  an  estimate  made  by  said  Court  of  General  Ses- 
sions of  the  Peace,  of  the  necessary  charges  likely  to 
arise  within  said  County  for  the  present  year  —  amounting 

*  Approved  February  18,  1794. 


Resolves,  1793.  —  January  Session.  633 

to  Eight  hundred  pounds  —  also  a  further  sum  of  one 
hundred  pounds,  for  the  sole  purpose  of  opening  and 
making  a  Road  in  the  Town  of  Fitchburg  in  said  County  : 
Resolved  that  the  sum  of  nine  hundred  pounds  be  and 
hereby  is  granted  as  a  Tax  for  said  County  of  Worcester, 
to  be  a})portioned,  assessed,  collected,  and  applied  in  man- 
ner agreeably  to  law  for  the  purposes  aforesaid. 

February  18,  1794* 

Chapter  59. 

RESOLVE  ON  THE  PETITION  OF  THE  TRUSTEES  OF  FRYBURGH 
ACADEMY,  AUTHORISING  THE  COMMITTEE  FOR  THE  SALE 
OF  EASTERN  LANDS,  TO  DISPOSE  OF  PLEASANT  MOUNTAIN 
so  CALLED,  FOR  CERTAIN  PURPOSES. 

Resolved,  That  the  Committee  (or  Major  part  of  them) 
for  the  Sale  of  Eastern  lands  be,  and  they  are  hereby 
authorised  &  empowered,  to  make  sale  of  Pleasant  Moun- 
tain so  called,  and  all  other  lands  and  Ponds  contiguous 
thereto,  and  not  included  in  the  lands  appropriated  for 
the  purpose  of  the  said  Academy,  and  not  heretofore  dis- 
posed of  by  the  said  Committee ;  to  the  Trustees  of  Fry- 
burg  Academy  ;  for  such  sum  as  they  shall  judge  to  be  an 
equivalent  for  the  said  Mountain  &  Ponds,  in  case  the  said 
Trustees  shall  apply  therefor  any  time  within  two  years 
from  the  passing  this  Resolve.  February  19,  17944 

Chapter  60. 

RESOLVE  ON  THE  PETITION  OF  DR.  AMOS  PUTNAM. 

On  the  petition  of  Dr.  Amos  Putnam  praying  for  an 
allowance  of  his  account  for  attendance  and  medicines  to 
sick  and  wounded  Soldiers  in  the  late  Avar  with  Great 
Britain. 

Resolved  that  there  be  allowed  and  paid  out  of  the 
Treasury  of  the  Commonwealth  to  Dr.  Amos  Putnam  the 
sum  of  eighteen  pounds  in  full  for  his  services  medicines, 
&c.  as  stated  in  his  account  exhibited  with  his  said  peti- 
tion to  sundry  officers  and  soldiers  in  the  public  service 
from  April  1775  to  the  year  1781.     February  20,  1794.% 

*  Approved  February  18,  1794.  f  Approved  February  19,  1794. 

X  This  resolve  not  signed. 


634  Resolves,  1793.  —  January  Session. 


Chapter  61. 

RESOLVE  ON  THE  PETITION  OF  BARNABAS  BIDWELL,  SAMUEL 
AND  WILLIAM  WHITING,  DIRECTING  THE  TREASURER  TO 
DISCOUNT  WITH  THE  ADMINISTRATORS  OF  THE  ESTATE 
MENTIONED,   THE   SUM   OF  £.7  2. 

On  the  petition  of  Barnabas  Bidwell,  Samuel  Whiting 
&  William  Whiting  Administrators  on  the  Estate  of  Wil- 
liam Whiting  late  of  Great  Barrington  in  the  County  of 
Berkshire  Esquire  praying  for  a  Remission  of  a  fine  As- 
sessed on  said  Deceased,  by  the  Supreme  Judicial  Court 
also  for  a  further  sum  of  Seven  pounds  Two  Shillings  said 
Deceased  Stands  charged  to  the  Commonwealth  also  for  a 
Compensation  for  the  Service  of  said  Deceased  in  Con- 
veying public  Monies  from  Boston  &  from  Great  Barring- 
ton  to  General  Schyler  at  Albany  in  1776, 

Resolved  that  the  Prayer  of  the  Petition  be  so  far 
Granted  that  the  Treasurer  of  this  Commonwealth  be  and 
he  hereby  is  directed  to  allow  and  discount  with  the  said 
Administrators  in  their  Settlement  with  the  Common- 
wealth in  behalf  of  said  deceased  the  sum  of  Seven 
pounds  Two  Shillings  in  full  for  Said  Deceased's  Services 
in  Conveying  monies  to  General  Schyler  as  aforesaid. 

February  17,  1794.* 

Chapter  62. 

RESOLVE  ON  THE  PETITION  OF  SAMUEL  SMITH,  IN  BEHALF  OF 
PRINCE  GORHAM,  DIRECTING  THE  TREASURER  TO  CREDIT 
THE  SAID  PRINCE  GORHAM,  WITH  THE  SUM  OF  £.7  4. 

On  the  petition  of  Samuel  Smith  in  behalf  of  Prince 
Gorham.  Resolved,  that  the  Treasurer  of  this  Common- 
wealth be  and  he  hereby  is  authorized  and  directed  to 
credit  the  said  Prince  the  sum  of  seven  pounds  &  four 
shillings,  with  which  he  stands  charged  on  the  books  of 
the  Treasury  as  Naval  Officer  for  the  Port  of  Barnstable 
in  the  year  1786.  February  17,  1794* 


Chapter  63. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  AND  ASSESS- 
ORS OF  THE  TOWN  OF  BOOTH  BAY,  REMITTING  A  FINE  LAID 
ON  SAID  TOWN. 

On  the  petition  ot  the  Select-men  &  Assessors  of  the 
town  of  Booth   bay  praying  that  the   sum   of  Nineteen 

*  Approved  February  18, 1794. 


Resolves,  1793.  —  January  Session.  635 

pounds,  being  a  fine  laid  on  the  town  aforesaid  by  the 
house  of  Kepresentatives  of  this  Commonwealth  in  their 
session  of  February  A  D  1789  for  said  towns  neglecting 
to  send  a  Representative  to  the  General  Court  in  the  year 
178S,  may  be  remitted  —  For  reasons  set  forth  in  said 
petition. 

Resolved  that  the  prayer  thereof  be  &  hereby  is  granted 
—  That  the  said  fine  be  &  hereby  is  remitted  and  that  the 
treasurer  of  the  Common-wealth  be  &  hereby  is  directed 
to  govern  himself  Accordingly  —  Provided  that  said 
Town  of  Booth-bay  shall  be  holden  to  pay  any  legal  ex- 
pence  or  cost  which  hath  arisen  or  accrued  in  the  prose- 
cution for  said  fine,  the  resolve  aforesaid  not  withstanding. 

February  19,  1794* 

Chapter  64. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  THE  TOWN 
OF  WINDSOR,  DIRECTING  THE  TREASURER  TO  CREDIT  SAID 
TOWN  WITH  THE  SUM  OF  £.123  12  11,  ON  THE  NEW  EMISSION 
TAX. 

On  the  petition  of  the  Selectmen  of  the  Town  of  Wind- 
sor in  the  Count}^  of  Berkshire,  praying  to  be  discharged 
from  a  Tax  remaining  against  that  Town  on  a  New  Emis- 
sion Tax,  setting  forth  the  same  to  have  been  paid  to  the 
late  Sheriff  of  that  County,  on  an  Execution  issued  by  the 
Treasurer  of  this  Commonwealth. 

Resolved  That  the  Prayer  of  the  said  petition  l)c  so  far 
granted  that  the  Treasurer  of  this  Commonwealth  be  & 
he  hereby  is  directed  to  credit  the  said  Town  of  Windsor 
the  sum  of  one  hundred  &  twenty  three  pounds,  twelve 
shillings  &  eleven  pence  on  the  New  Emission  Tax,  upon 
being  possessed  of  a  receipt  given  by  Caleb  Hyde  late 
Sheriff  of  the  County  of  Berkshire  to  Levi  Walker  for 
the  sum  aforesaid.  February  19,  1794.j 

Chapter  65. 

RESOLVE    ON    THE   PETITION  OF  BENJAMIN  ALLEN,  IN  BEHALF 
OF  ANN  GARDNER. 

On  the  Petition  of  Benjamin  Allen  in  l)ehalf  of  Ann 
Gardner. 

Resolved  That  John  Deming  esq.  Certify  to  the  Gov- 
enor  and    Council   the  pay  due  to  the  heirs  of  Thomas 

*  Approved  February  19,  1794.  f  Approved  February  21,  1794. 


636  Kesolves,  1793.  —  January  Session. 

Gardner  Deceasd.  a  soldier  in  Colo.  Bradfords  Kegiment, 
Capt.  Turners  Company  :  &  the  Treasurer  on  receiving  a 
warrant  therefor  is  Directed  to  issue  his  note  :  for  the  sum 
so  certified,  to  Ann  :  Gardner  Widow,  of  the  said  Thomas 
Gardner.  February  18,  1794* 

ANSWER  TO  THE  LIEUTENANT  GOVERNOR'S  SPEECH. 

To  His  Honor  Samuel  Adams,  Lieutt.  Governor  of  the 
CommomveaUh  of  Massachusetts, 

Sir,  As  it  has  pleased  the  supreme  ruler  of  the  Uni- 
verse to  remove  our  Late  Governor  from  this  life,  since 
our  last  session.  The  two  branches  of  the  Legislature  con- 
ceive it  a  duty,  they  owe  their  constituents,  to  express 
their  highest  respect  for  the  great  &  eminent  services 
which  he  has  rendered  his  Country. 

With  you.  Sir,  and  our  fellow  citizens  throughout  the 
Commonwealth,  we  most  sincerely  sympathize  on  this 
melancholy  event.  The  public  &  private  virtues,  which 
have  distinguished  this  illustrious  patriot,  his  early  exer- 
tions in  the  cause  of  freedom  &  the  rights  of  man,  the 
wisdom  &  magnanimity  which  he  has  discovered,  during 
a  long  &  arduous  conflict  for  the  liberties  of  his  Country, 
together  with  a  constant  adherence  to  the  principles  of 
the  constitution,  furnish  a  splendid  example  for  the  imita- 
tion of  his  fellow  citizens,  &  must  endear  the  name  of 
Hancock  to  the  most  remote  posterity. 

In  this  instance  of  public  affliction,  we  derive  a  conso- 
lation, that  it  has  pleased  God  to  continue  the  life  & 
usefulness  of  his  Co-Patriot ;  from  whose  known  attach- 
ment to  the  public  welfare,  we  anticipate  the  most  disin- 
terested &  faithful  discharge  of  those  duties  which  by  the 
Constitution  are  devolved  on  the  Lieut.  Governor. 

"That  all  men  are  born  free  &  equal  in  rights,"  is  a 
j)rinciple  on  which  all  just  &  legitimate  Governments  are 
founded.  On  this  basis  rests  the  Constitution  of  this  & 
the  United  States ;  and  we  are  happy  to  observe,  this 
great  &  fundamental  principle,  embraced  by  enlightened 
politicians,  &  made  the  basis  of  Government  for  Millions 
beyond  the  Atlantic.  To  the  influence  of  this  benign 
principle  &  a  wise  administration  of  Government  we 
attribute  the  present  state  of  peace  &  prosperity  with 
which  the  United  States  are  blessed,  while  so  many  other 

*  Approved  February  20,  1794. 


Resolves,  1798.  —  Januaey  Session.  637 

nations  are  involved  in  the  misery  &  calamities  of  war : 
Nor  can  we  refrain  from  expressing  our  affections  for  that 
nation  who  assisted  us  in  the  time  of  our  adversity,  and 
with  whom  we  are  in  alliance  ;  and  our  sincere  wishes  that 
they  may  succeed  in  the  defence  of  their  Country,  and  in 
the  estal)lishment  of  peace  and  good  government  founded, 
on  the  princii)les  of  liberty  and  the  rights  of  Man. 

We  fully  join  with  your  honor  in  the  sentiment  of  the 
indispensable  necessity  of  the  Education  of  Youth  :  and 
every  encouragement  will  continue  to  be  given  to  this 
most  interesting  object  which  its  importance  demands. 

To  any  communications,  you  may  be  pleased  to  make, 
&  to  the  dispatch  of  the  more  important  public  business, 
due  attention  will  be  paid  that  your  honor  may  be  enabled 
to  discharge  the  trust  reposed  in  you  by  the  Constitution, 
&  that  the  public  weal  may  be  best  promoted. 

February  19,  1794, 

Chapter  66. 

RESOLVE  ON  THE  PETITION  OF  HENRY  KNOX  AND  OTHERS, 
HEIRS  AND  REPRESENTATIVES  OF  HEIRS  OF  BRIGADIER 
WALDO,  DECEASED. 

On  the  petition  of  Henry  Knox  and  others,  heirs  and 
representatives  of  heirs  of  ]3rigadier  Waldo  deed,  setting 
forth  that  certain  taxes  have  been  assessed  by  the  General 
Court  on  the  Muscongus  or  Waldo  patent,  since  the  year 
1786  —  that  the  said  patent  is  held  in  three  principal 
divisions,  to  wit,  the  Linconshire  Company  or  twenty 
associates  so  called  ;  the  Company  of  the  ten  original  pro- 
prietors, and  the  heirs  of  said  Waldo,  on  whom  there  are 
many  subordinate  claims  —  and  that  the  taxes  designed 
for  the  whole  patent  are  assessed  on  the  said  heirs,  not- 
withstanding, they  are  in  possession  of  not  much  more 
than  one  third  thereof;  and  praying  for  relief. 

Resolved  that  all  further  measures  for  collecting  and 
enforcing  the  payment  of  said  taxes  be  suspended  until 
the  third  Wednesday  of  the  next  setting  of  the  General 
Court ;  and  the  Treasurer  of  the  Commonwealth,  and  all 
others  concerned  are  required  to  govern  themselves  ac- 
cordingly. And  the  petitioners  are  hereby  required  to 
leave  with  the  respective  clerks  of  the  said  companies 
attested  copies  of  their  said  petition  and  this  resolve 
thereon,  four  weeks  previous  to  the  same  third  Wednes- 


638  Resolves,  1793.  —  January  Session. 

day,  notifying  the  said  companies  to  appear  on  that  day, 
and  shew  cause,  if  any  they  have,  why  they  shoukl  not  be 
holden  to  pay  their  Just  proportions  of  the  aforesaid  taxes. 

February  18,  1794  * 

Chapter  67. 

RESOLA^E    ON    THE    PETITION    OF   JEREMIAH    HALL,  COLLECTOR 
OF  EXCISE  FOR  THE  COUNTY  OF  PLYMOUTH. 

Upon  the  petition  of  Jeremiah  Hall  of  Pembroke  Col- 
lector of  Excise  for  the  County  of  Plimouth  for  the  years 
1783  &  1784. 

Resolved,  for  the  reasons  set  forth  in  said  Petition  that 
upon  payment  of  fifty  pounds  into  the  public  treasury 
within  six  months  with  Costs  the  Treasurer  of  the  Com- 
monwealth be  and  hereby  is  directed  to  release  and 
discharge  a  Judgment  recoverd  in  favour  of  the  Com- 
monwealth against  the  said  Jeremiah  Hall  and  Robert 
Barker  his  bondsman  at  the  last  Court  of  Common  pleas 
holden  at  Boston  in  &  for  the  County  of  Suffolk  for  the 
sum  of  about  two  hundred  &  twenty  one  pounds  &  three 
shillings  &  Costs,  and  that  in  the  mean  time  Execution  be 
stayed.  February  20,  1794.^ 


Chapter  68. 

RESOLVE  ON  THE   PETITION  OF  EDWARD  BARNES,  IN  BEHALF 
or  THE  TOWN  OF  MARLBOROUGH. 

On  the  Petition  of  Edward  Barns,  in  Behalf  of  the  In- 
habitants of  the  Town  of  Marlborough  praying  for  a 
Remission  of  twenty  nine  pounds,  four  shillings  and  two 
pence,  which  appears  to  be  now  due  from  sd.  Town,  on 
a  certain  Tax,  commonly  called  New  Emission  Tax. 

Resolved,  for  reasons  set  forth  in  sd.  Petition,  that  the 
prayer  thereof  be  so  far  granted,  that  provided  the  sd. 
Town  of  Marlborough  shall  pay  into  the  Treasury  of  this 
Commonwealth  the  sum  of  thirteen  pounds  fourteen  shil- 
lings &  ten  pence,  in  specie  by  ye  first  day  of  December 
next,  that  the  Treasurer  shall  receive  the  sd.  Sum  in  full 
Discharge  of  ye  Balance  of  sd.  Tax,  and  shall  Discharge 
sd.  Town  therefrom.  February  24,  1794.1 

*  Approved  February  19,  1794.  t  Approved  February  21,  1794. 

X  Approved  February  24,  1794. 


Kesolves,  1793.  —  January  Session.  639 


Chapter  08a.* 

ORDER  ON  THE   PETITION  OF  DANIEL  AVERILL  AND  OTHERS. 

On  the  petition  of  Daniel  Averill  &  others. 

Ordered  that  the  petitioners  notify  the  adverse  party 
by  serving  him  with  an  attested  copy  of  their  petition  & 
this  order  thereon  four  weeks  at  least  l)efore  the  third 
Wednesday  of  the  next  Session  of  the  General  Court,  to 
api)ear  on  the  said  day  &  shew  cause,  if  any  they  have 
why  the  prayer  of  the  said  petition  should  not  be  granted. 

Fepruary  20,  1794. 

Chapter  69. 

RESOLVE   ON  THE   PETITION   OF  ELISHA   CARPENTER. 

On  the  Petition  of  Elisha  Carpenter  Father  to  Zebulon 
Carpenter  late  a  private  Soldier  in  Colo.  Vose's  Regiment. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernor and  Council  the  pay  or  arrears  of  pay  due  to  the 
said  Zebulon  Carpenter  late  a  private  Soldier  in  Colo. 
Voses  Regiment,  and  the  Treasurer  on  receiving  a  war- 
rant therefor  is  directed  to  Issue  his  note  or  notes  to  the 
said  Elisha  Carpenter,  Father  of  the  said  Zebulon  Carpen- 
ter a  miner  deceased  in  the  same  way  and  manner  as  has 
been  practiced  in  paying  other  Soldiers  for  Simelar  Ser- 
vices. February  21,  1794.f 

Chapter  70. 

RESOLVE  ON  THE  PETITION  OF  WILLIAM  STEDMAN. 

On  the  petition  of  William  Stedman  of  Hebron  pray- 
ing that  Simon  Jackson  administrator  on  the  Estate  of 
Alexander  Shephard  Junr.  Late  of  Newton  Deceased  may 
be  a[w]thorized  to  Make  and  Execute  a  Certain  Deed  of 
Conveyance  of  land  to  the  petitioner  agreable  to  the  Bond 
Executed  hj  the  Deceased  in  his  Life  time  to  the  said 
William. 

Resolved  that  said  Simon  Jackson  in  his  said  Capacity 
be  and  he  is  hereby  fully  a[M]thorized  and  Impowered  to 
make  and  Execute  a  good  and  Lawfull  Deed  of  the  Lands 
De  [s]  cribed  in  the  Covenant  and  Engagement  made  by  the 

*  Not  printed  in  previous  editions.  t  Approved  February  24,  1794. 


640  Resolves,  1793.  —  January  Session. 

said  Deceased  in  his  Life  time  to  the  said  petitioners  and 
the  Deed  so  to  be  made  when  Executed  shall  ])e  as  good 
&  valid  to  all  Intents  and  purposes  as  if  made  by  the  said 
Deceased  in  his  Life  time.  February  24,  1794* 

Chapter  71. 

RESOLVE  ON  THE  PETITION  OF  THE  TOWN  OF  WESTFIELD. 

On  the  Petition  of  the  Town  of  Westfield  Praying  for 
an  Abatement  of  the  Sum  of  One  hundred  &  Seventy  Nine 
pounds  fifteen  Shillings  &  Eleven  pence  being  the  Difi- 
ciency  of  Taxes  that  ought  to  have  been  })aid  by  Reuben 
Williams  a  Collector  of  Taxes  for  sd.  Town  in  the  year 
1780. 

Resolved  for  Reasons  set  forth  in  said  Petition  that  in 
Case  the  Inhabitants  of  sd.  Town  on  or  before  the  first 
Day  of  Jany.  Next  pay  into  the  Tre[a]sury  of  this  Com- 
monwealth the  Sum  of  One  hundred  &  three  pounds  Nine- 
teen shillings  &  Eleven  pence  the  Tre[a]surer  is  Directed 
to  Receive  the  same  in  full  for  sd.  William's  Dificiency  & 
Discharge  the  Town  accordingly.       February  24^  1794.'\ 

Chapter  71a. J 

ORDER  ON  THE  PETITION  OF  ELI  HAMMOND   AND  SILAS  FREE- 
MAN. 

On  the  petition  of  Eli  Hammond  &,  Silas  Freeman. 

Ordered  that  the  said  Eli  and  Silas  notify  the  towns  of 
Sheffield  and  New  Marlborough  by  leaving  an  attested 
copy  of  their  petition,  and  this  order  thereon,  with  the 
respective  Clerks  of  the  said  towns,  thirty  days  at  least 
before  the  second  Tuesday  of  the  next  setting  of  the  next 
General  Court  that  they  may  appear  on  said  day  and  shew 
cause  if  any  they  have  why  the  prayer  thereof  should  not 
be  granted.  February  24,  1794. 

Chapter  73. 

RESOLVE  GRANTING  A  TAX  ON  THE  COUNTY  OF  HANCOCK. 

Whereas  the  Treasurer  of  the  County  of  Hancock  has 
laid  his  Account  before  the  General  Court,  of  the  expen- 
diture of  all  the  monies  heretofore  granted  by  this  Court, 

*  Approved  February  24,  1794.  t  Approved  February  25,  1794. 

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


Resolves,  1793.  —  January  Session.  641 

and  raised  by  a  Tax  on  the  Inhabitants  of  said  County, 
and  there  appears  to  be  a  balance  remaining  due  from  said 
County  of  one  hundred  &  ninety  nine  pounds  eleven  shil- 
lings &  ten  pence  —  And  whereas  the  Clerk  of  the  Court 
of  General  Sessions  of  the  peace  for  said  County,  has  laid 
before  the  General  Court,  an  estimate  made  by  said  Court 
of  General  Sessions  of  the  peace,  of  the  necessary  charges 
likely  to  arise  within  said  County  for  the  present  year, 
amounting  to  six  hundred  &  Seventy  five  pounds  : 

Resolved  that  the  sum  of  Six  hundred  pounds  be  and 
hereby  is  granted,  as  a  Tax  for  said  County  of  Hancock 
to  be  apportioned,  assessed,  collected  and  applied  in  man- 
ner agreeable  to  law  for  the  purposes  aforementioned,  any 
law  or  Resolve  to  the  contrary  notwithstanding. 

February  26,  1794* 


Chapter  73. 

RESOLVE  ON  THE  MEMORIAL  OF  THOMAS  HALE,  JR.,  ESQ.  IN 
BEHALF  OF  THE  TOWN  OF  BROOKFIELD,  GRANTING  £.31  12  9 
FOR  PROCURING   BLANKETS,   IN   1777. 

On  the  memorial  of  Thomas  Hale  junr.  Esq.  on  behalf 
of  the  town  of  Brookfield. 

Whereas  it  appears  that  the  said  town  of  Brookfield 
have  been  oliliged  to  repay  into  the  Treasury  of  this  Com- 
monwealth the  sum  of  thirty  one  pounds  twelve  shillings 
and  nine  pence,  being  the  consolidated  value  of  one  hun- 
dred and  sixteen  dollars  in  paper  money  which  the  select- 
men of  the  said  town  received  on  the  twenty  fifth  day  of 
March  Anno  Domini  1777  of  William  Page  the  money 
of  said  Commonwealth,  for  the  purpose  of  procuring 
])lankets  for  the  late  American  army.  And  whereas  it 
further  api)ears  that  the  said  Selectmen  did  actually  ap- 
ply said  money  to  said  purpose  and  deliver  the  blankets 
procured  to  the  proper  officer  agreeable  to  their  trust : 
Therefore 

Resolved  That  there  be  repaid  to  the  said  town  of  Brook- 
field out  of  the  Treasury  of  this  Commonwealth  the 
aforesaid  sum  of  £.31,  12,  9  in  full  of  their  claims  in  the 
premises.  February  26,  1794  * 

*  Approved  February  26,  1794. 


642  Resolves,  1793.  —  January  Session. 


Cliapter  74. 

RESOLVE    MAKING    AN    ADDITIONAL    GRANT    TO    THE    JUDGES 
OF  THE   SUPREME   JUDICIAL  COURT. 

In  consideration  of  the  enhanced  price  of  the  necessary 
articles  of  life  &  of  the  consequent  additional  expence  to 
the  Justices  of  the  Su})reme  Judicial  Court  of  this  Com- 
monwealth in  the  discharge  of  their  duty, 

Hesolved,  that  there  be  allowed  &  paid  out  of  the  public 
treasury,  to  each  of  the  sd.  Justices  the  sum  of  fifty 
Pounds  for  their  services  &  expences  during  the  year 
1793  &  the  like  sum  for  the  year  1794  in  addition  to  their 
stated  salaries.  February  26,  1794  * 

Cliapter  75. 

RESOLVE    ON    THE     PETITION    OF    RICHARD    WHITAKER,    DIS- 
CHARGING AN   EXECUTION. 

On  the  Petition  of  Richard  Whitaker  of  Rehoboth  in 
the  County  of  Bristol  praying  to  be  remitted  the  Sum  of 
One  Hundred  Pounds  committed  to  him  to  Collect  for  the 
year  1781  for  which  Sum  Execution  has  issued  by  Thomas 
Davis  Esqr.  Treasurer  of  the  Commonwealth  of  Massa- 
chusetts against  him  the  said  Whitaker. 

Resolved  that  the  petitioner  be  discharged  from  the 
above  Execution  on  paying  the  Sum  of  Twenty  five  pounds 
with  costs  of  suit  to  the  Treasurer  of  the  Commonwealth. 

February  25,  1794* 

Cliapter  76. 

RESOLVE  DIRECTING  THE  TREASURER  TO  TAKE  POSSESSION 
OF  A  DWELLING-HOUSE,  THE  PROPERTY  OF  THE  WIFE  OF 
DANIEL  LEONARD,   AN  ABSENTEE. 

Whereas  it  appears  by  a  Resolve  of  the  General  Court 
pased  the  tenth  of  march,  1791,  that  this  Commonwealth 
Did  Relase  and  Quit  Clame  to  william  Phillips  till  the  first 
Day  of  eTune,  1794  the  Rents  and  Profits  of  a  certain 
Dwelling  hous  in  the  town  of  Boston,  the  Property  of 
the  wife  of  Daniel  Leonard  an  absentee,  the  Profits  of 
which  were  Confiscated  and  Belong  to  this  Commonwealth 
During  the  Life  of  Said  Daniel  —  and  it  Being  nesesary 
that  Some  Person  Shuld  be  authorised  to  take  Prosession 


*  Approved  February  26,  1794. 


Resolves,  1793.  —  January  Session.  643 

of  the  Primises  on  the  first  Day  of  June,  1794  and  im- 
jn'oV'e  the  Same  for  the  Benefit  of  this  Commonwealth  : 

Resolved  tliat  the  Treasurer  of  this  Commonwealth  be 
impowred  and  Directed  to  take  Prosession  of  the  above 
mentioned  Dweling  Hous  on  the  first  Day  of  June,  Next 
and  Rent  the  Same  for  the  most  it  will  fetch,  and  account 
to  this  Commonwealth  for  the  neet  Proceeds  of  the  Same. 

February  26,  1794* 

Chapter  76a. f 

ORDER  ON  THE  PETITION  OF  JOSIAEI  PARMENTER  AND  OTHERS. 

On  the  petition  of  Josiah  Parmenter  and  others. 

Ordered  that  the  petitioners  notify  the  town  of  North- 
field  by  leaving  an  attested  copy  of  their  petition,  and  of 
this  order  thereon  with  the  town  Clerk  of  said  Northfield 
thirty  days  at  least  before  the  third  Wednesday  of  the 
next  setting  of  the  General  Court,  that  they  may  then 
appear  and  shew  cause,  if  any  they  have,  why  the  prayer 
thereof  should  not  be  granted.  February  25,  1794. 

Chapter  77. 

RESOLVE   GRANTING    £.90    TO    JOSEPH    BOWMAN,    AGENT    FOR 
THE   TOWN   OF  NEW   BRAINTREE. 

Upon  the  Petition  of  Joseph  Bowman  Agent  for  the 
Town  of  New  Brantree  praying  for  compensation  for 
Damages  &  losses  sustained  by  said  Town  in  consequence 
of  their  making  preparations  &  Provisions  for  supporting 
the  States  Poor. 

Resolved  for  Reasons  set  forth  in  said  Petition  that  the 
Prayer  thereof  be  so  far  granted  as  that  the  sum  of  ninety 
pounds  lawful  Money  shall  be  allowed  &  paid  out  of  the 
Treasury  of  this  Commonwealth  to  the  said  Joseph  in 
behalf  &  for  the  use  of  said  town  of  New  Brantree  which 
in  addition  to  the  sum  of  sixty  four  pounds  ten  Shillings 
heretofore  allowed  for  the  same  purpose  shall  be  in  full 
compensation  for  all  losses  &  Damages  sustained  as  afore- 
said. February  25,  1794.% 

*  Approved  February  26,  1794. 

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

+  Approved  February  27,  1794. 


644  Kesolves,  1793.  —  January  Session. 


Chapter  78. 

RESOLVE  DIRECTING  AMASA  DAVIS,  ESQ.  QUARTER  MASTER 
GENERAL  TO  PROCURE  SIX  PAIR  OF  BRASS  FIELD-PIECES 
AND   GRANTING  HIM   £.2000. 

Resolved  that  Amasa  Davis  Esqr.  Quarter  Master  Gen- 
eral Be  And  he  hereby  is,  Authorised  And  Directed,  to 
procure  for  the  use  of  the  Deficient  Artillery  Companies 
within  this  Commonwealth,  Six  pear  of  Brass  field  Pieces 
with  Carriages  And  Apparatus  Compleat — Erect  A  Stock- 
ade around  the  Powder  Magazine  in  the  Town  of  Boston 
—  And  procure  for  the  use  of  the  Commonwealth  three 
tons  of  powder. 

And  it  is  further  Resolved  that  there  be  paid  out  of  the 
Treasury  of  this  Commonwealth  to  the  Said  Amasa  Davis 
two  thousand  pounds  to  enable  him  to  perform  the  Busi- 
ness prescribed  by  this  Resolve  —  he  to  be  Accountable 
for  the  expenditure  of  the  Same.       February  25,  1794.* 

Chapter  80.t 

RESOLVE  DIRECTING  THE  TREASURER  TO  MAKE  REPAIRS  TO 
THE  HOUSE  WHERE  HE  NOW  KEEPS  HIS  OFFICE  TO  THE 
AMOUNT  OF   £.150. 

Resolved  that  Thomas  Davis  Esqr.  be  Authorized  and 
Impowerd  to  make  the  Necessary  Repairs  to  the  House 
where  he  now  Keeps  his  ofiice  the  amount  of  said  repairs 
not  Exceding  one  hundred  and  fifty  pounds. 

February  26,  1794* 

Chapter  81. 

RESOLVE   ON    THE    PETITION    OF    GEORGE    LEONARD,    DIRECT- 
ING THE  TREASURER  TO   PAY   HIM   £  54   19  ,5. 

On  the  Petition  of  George  Leonard  vSetting  forth  that 
he  hath  a  note  of  hand  against  Daniel  Leonard  an  absentee 
Dated  the  18th  of  May,  1771,  for  twenty-two  Pounds 
three  Shilings  and  one  Peney,  money  Lent,  that  on  the 
22  Day  of  September,  1783  the  Petitioner  Reed,  four 
Pounds  ten  Shilings  and  Seven  Pence  half  Peney  of  the 
Commissioners  appointed  by  Government  to  Examin  the 
Clames  of  the  Credetors  of  the  Said  Daniel  which  Com- 
missioners allowed  the  Petitioner's  Clame  —  and  whereas 

*  Approved  February  27,  1794.  f  No  chapter  79. 


Resolves,  1793.  —  Jat^uary  Session.  645 

it  appears  there  Remains  due  from  the  Said  Daniel  to  the 
Petitioner  on  Said  note  inchiding  intrust  up  to  the  twenty- 
second  Day  of  this  instant  February,  the  Sum  of  fifty- 
four  Pounds  ninteen  Shilings  and  five  Pence  : 

Resolved  that  the  Treasurer  of  this  Commonwealth  be 
Directed  to  pay  to  the  Said  George  Leonard  the  Sum  of 
fifty-four  Pounds  ninteen  Shilings  and  five  pence  and  what 
further  intrust  Shall  Become  due  at  the  time  of  Payment, 
out  of  the  first  money  he  Shall  Receive  for  the  Rents  of 
the  Estate  Belonging  to  the  wife  of  the  Said  Daniel  that 
Avas  Confiscated  —  after  making  the  necessary  Repairs  that 
he  Shall  Judge  Expediant.  February  26,  1794* 

Chapter  83. 

RESOLVE  AUTHORIZING  THE  TREASURER  TO  MAKE  A  FINAL 
SETTLEMENT  WITH  THE  ADMINISTRATRIX  OF  THE  ESTATE 
OF  HIS  LATE  EXCELLENCY  JOHN  HANCOCK,  ESQ.  UPON  A 
NOTE    OF   HAND   SIGNED    BY  MICHAEL  HILLEGAS,   ESQ. 

Whereas  the  Administratrix  of  the  Estate  of  his  late 
Excellency  John  Hancock  Esqr.  deceased,  has  disclosed 
for  Settlement  a  certain  Note  of  hand  dated  April  16, 
1776  signed  by  Michael  Hillegas  for  the  sum  of  Twenty 
five  thousand  dollars  made  payable  to  said  John  Hancock 
Esquire,  but  which  note  the  said  Deceased  recieved  and 
always  held  as  the  property  of  this  Commonwealth ;  as 
appears  by  sundry  statements  he  made  in  his  life  time,  & 
endorsements  of  money  which  he  recieved  on  said  note, 
but  which  he  paid  away  to  the  use  &  benefit  of  the  Com- 
monwealth :  And  whereas  there  are  considerable  monies 
still  due  thereon,  which  the  said  Deceased  never  collected  : 

Therefore  Resolved,  that  the  Treasurer  of  this  Com- 
monwealth be,  and  he  is  hereby  authorised  and  directed, 
to  make  a  final  settlement  with  the  Administratrix  afore- 
said, of  all  accounts  of  money  recieved  by  said  deceased 
upon  said  note  of  hand  for  this  Commonwealth,  and  upon 
recieving  the  Note  aforesaid  with  a  power  of  attorney  to 
recover  for  this  Commonwealth  the  ballance  due  thereon, 
to  discharge  the  said  Estate  from  all  demands  of  this 
Commonwealth  for  the  said  note  &  for  monies  that  have 
been  recieved  in  virtue  thereof  by  the  said  Deceased. 

February  27,  1794* 

*  Approved  February  27,  1794. 


64t6  Resolves,  1793.  —  January  Session. 


Chapter  83. 

RESOLVE  ON  THE  PETITION  OF  JOEL  DICKINSON,  DIRECTING 
THE  TREASURER  TO  DISCHARGE  HIM  FROM  THE  BALANCE 
OF  A  TAX. 

On  the  petition  of  Joel  Dickinson  praying,  for  reasons 
set  forth  in  his  petition,  that  the  balance  of  two  taxes 
committed  to  him  to  collect  for  the  year  1780,  amountg. 
to  upwards  of  four  thousand  pounds  in  old  continental 
bills  may  be  remitted  to  him. 

Resolved  that  the  prayer  of  the  petition  be  so  far 
granted,  that  the  Treasurer  be  &  he  is  hereby  authorized 
&  directed  to  discharge  the  said  Joel  from  the  balance  of 
the  said  tax,  provided  he  shall  pay  into  the  Treasury  in 
specie  the  sum  of  twenty  four  Pounds  by  the  first  day  of 
June  next.  February  27,  1794.* 

Chapter  84. 

RESOLVE     DIRECTING     THE     TREASURER    RESPECTING    BACK 

TAXES. 

Whereas  by  the  books  of  the  Treasury  small  arrears 
on  sundry  Specie  and  paper  taxes  granted  by  the  General 
Court  before,  during,  and  since  the  late  war  appear  to  be 
due  to  the  Commonwealth  ;  a  speedy  settlement  of  which 
is  become  highly  necessary  and  expedient  to  answer  the 
demands  of  Government,  and  to  render  the  arrangements 
of  the  Treasury  as  simple  and  as  little  expensive  as  cir- 
cumstances will  })ermit  —  a  large  part  of  which  arrears 
appear  to  be  due  from  towns  and  places  which  have  been 
authorised  to  delay  payment,  till  their  taxes  are  become 
greatly  accumulated  —  to  effect  such  settlement,  and  to 
lessen  these  accumulated  burdens,  as  much  as  the  nature 
of  the  case  will  allow : 

Resolved,  that  the  Treasurer  of  this  Commonwealth  be, 
and  he  is  hereby,  authorised  and  directed  to  issue  his 
warrants  to  the  town  of  Sherburn  in  the  County  of  Nan- 
tucket, requiring  the  said  town  to  assess  and  pay  into 
the  public  Treasury  the  sum  of  three  hundred  fifty  four 
pounds  l/9d  specie,  being  one  moiety  of  the  specie  part 
of  tax  No.  5  required  of  the  said  town  ;  and  also  to  assess 
and  pay  tax  No.  6  required  of  said  town,  which  sums  in 
arrear,  and  now  required,  shall  be  paid  as  follows,  to  wit, 

•  Approved  February  27,  1794. 


Resolves,  1793.  —  January  Session.  647 

one  third  part  thereof  on  the  first  day  of  July  next,  one 
third  part  on  tlie  first  day  of  July  1795,  and  the  remain- 
ing third  part  on  the  first  day  of  July  1796  —  and  on 
said  town's  paying  the  taxes  aforesaid,  all  other  taxes  re- 
quired of  the  said  town  prior  to  tax  No.  7  shall  be  relin- 
quished ;  and  the  Treasurer  of  the  Commonwealth,  for  the 
time  being,  shall  credit  the  said  town  accordingly. 

Resolved  that  the  said  Treasurer  be  and  he  is  hereby 
empowered  and  directed  to  issue  his  warrants  and  execu- 
tions, (as  the  case  may  be,)  requiring  the  several  towns, 
districts,  and  plantations  in  the  Counties  of  Hancock  and 
Washington,  to  assess,  collect,  and  pay  into  the  public 
Treasury  all  the  taxes  required  of  them  as  their  propor- 
tions of  taxes  No.  6,  7,  8  and  9  and  now  in  arrear;  one 
moiety  thereof  on  or  before  the  first  day  of  January  next, 
and  the  other  moiety  on  or  before  the  first  day  of  January 
1796  —  and  on  any  town  district  or  plantations,  in  said 
Counties,  paying  it's  proportion  of  the  said  taxes  as  afore- 
said, it  shall  be  discharged  of  all  taxes  required  therefrom 
by  the  Commonwealth  prior  to  the  said  tax  No.  6  and  re- 
ceive credit  at  the  Treasury  accordingly. 

Resolved  that  in  all  cases  where  taxes  now  due  and  in 
arrear  to  the  Commonwealth  were  originally  made  pay- 
able in  army  notes  or  Indents,  so  called,  the  said  Treas- 
urer is  hereby  authorised  and  derected  to  receive  payment 
in  the  same  army  notes  and  Indents,  or  in  the  consoli- 
dated notes  of  this  Commonwealth  allowing  the  Interest 
due  on  the  said  army  and  consolidated  notes  to  the  first 
day  of  July  next. 

Resolved  that  all  the  taxes  due  from  the  following  plan- 
tations to  the  Commonwealth  prior  to  tax  No.  6  to  wit 
from  No.  7  now  Hawley,  Raymond'stown,  Standish, 
Washington,  Francisborough,  and  Otisfield  be  and  hereby 
are  abated. 

Resolved  that  the  foregoing  resolutions  shall  not,  in  any 
manner,  be  construed  to  repeal  or  invalidate  any  former 
acts  or  resolves  passed  by  the  legislature  for  the  suspend- 
ing the  collection  of  public  taxes  in  any  town,  district  or 
plantation  for  a  limited  time ;  or  for  abating  taxes  on  cer- 
tain conditions  to  be  performed  by  any  town,  district,  or 
plantation  ;  or  to  affect  or  invalidate  any  special  provi- 
sion made  for  the  payment  of  any  particular  tax. 

February  27,  1794* 

*  Approved  February  27,  1794. 


048  Kesolves,  1793.  —  January  Session. 

Chapter  85. 

RESOLVE  ON   THE   PETITION   OF  JOSHUA  STAPLES. 

On  the  petition  of  Joshua  Staples,  setting  forth  that  the 
wages  which  were  due  to  him  from  the  treasury  of  this 
Commonwealth  for  his  services  as  a  corporal  in  the  late 
American  army  have  been  drawn  therefrom  by  a  forged 
order. 

Whereas  the  facts  set  forth  in  said  petition  appear  to 
be  true  Therefore  Resolved  that  the  prayer  thereof  be 
granted  and  that  the  Treasurer  of  this  Commonwealth  be 
and  he  hereby  is  directed  to  pay  and  deliver  to  the  said 
Joshua  Staples  such  notes  as  he  would  have  been  entitled 
to,  if  his  wages  had  not  been  drawn  by  a  forged  order  in 
said  petition  mentioned,  in  full  for  his  services  aforesaid. 

February  27,  1794* 

Chapter  86. 

RESOLVE  ON  THE  PETITION  OF  THE  INHABITANTS  OF  HOP- 
KINTON,  DIRECTING  THE  TREASURER  TO  STAY  EXECUTIONS 
AGAINST  SAID  TOWN. 

On  the  petition  of  the  Inhabitants  of  Hopkinton. 

Resolved  that  the  treasurer  of  this  Commonwealth  be 
and  he  hereby  is  directed  to  stay  execution  against  the 
town  of  Hopkinton  for  any  deficiency  of  taxes  levied  pre- 
vious to  the  year  one  thousand  seven  hundred  and  seventy 
five  untill  after  the  first  session  of  the  next  General  Court. 

Fehrxiary  26,  1794* 

Chapter  87. 

RESOLVE   ON  THE  PETITION   OF  THOMAS  ROCHE. 

On  the  Petition  of  Thomas  Roche  Administrator  on  the 
Estate  of  Fredereck  Roche  late  a  metross  in  Colo.  Cranes 
Regiment. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernor and  Council  the  pay  or  arrears  of  Pay  due  to  Fred- 
erick Roche  late  a  metross  in  Colo.  Cranes  Regiment,  and 
the  Treasurer  on  receiving  a  warrant  therefor  is  directed 
to  Issue  his  note  or  notes  to  the  said  Thomas  Roche  Ad- 
ministrator on  the  Estate  of  Frederick  Roche  in  the  same 
way  and  Manner  as  has  l)een  practiced  in  paying  other 
Soldiers  for  Simelar  Services.  February  27,  1794.* 


Approved  February  27,  1794. 


Resolves,  1793.  —  January  Session.  649 


Chapter  88. 

RESOLVE  DIRECTING  THE  TREASURER  TO  SUSPEND  ISSUING 
EXECUTIONS  AGAINST  THE  INHABITANTS  OF  THE  TOWN  OF 
CONWAY. 

Resolved  that  the  Treasurer  of  the  Commonwealth  be 
and  is  hereby  directed  to  Suspend  issuing  Executions 
against  the  Inhabitants  of  the  Town  of  Conway  for  the 
remaining  Sums  due  on  Taxes  Number  four  &  five  until! 
the  third  Tuesday  of  the  next  Session  of  the  General 
Court.  February  27,1794* 

Chapter  89. 

RESOLVE    DIRECTING   THE   TREASURER   TO    STAY    HIS   EXECU- 
TION AGAINST  THE  TOWN  OF  PITSFIELD. 

Resolved  that  the  Treasurer  of  This  Commonwealth  be 
and  He  is  hereby  directed  to  Stay  Execution  against  the 
Town  of  Pittsfield  for  a  certain  Tax  Conmaitted  to  Abijah 
Hinman  a  deficient  Collector  untill  the  next  sitting  of  the 
next  Genl.  Court.  February  27,  1704* 

Chapter  90. 

RESOLVE    ON    THE    PETITION    OF    THE    SELECTMEN    OF   BARN- 
STABLE. 

On  the  Petition  of  the  Select  Men  of  Barnstable. 

Resolved  that  the  prayer  of  the  said  Petition  be  so  far 
Granted,  That  the  Treasurer  of  this  Commonwealth  be, 
and  he  is  hereby  Authorized  &  Directed,  to  receive  of  the 
inhabatants  of  the  Town  of  Barnstable,  the  sum  of  one 
thousand  and  forty  one  pounds,  eight  shillings,  &  eight 
pence,  in  the  Consoladat'd  notes  of  this  Commonwealth, 
allowing  interest  thereon  to  the  first  day  [o/*]  July  next, 
which  shall  be  Considered  in  lull  of  that  sum  due  from 
the  said  Town,  on  the  Continental  Tax  No.  2  :  provided 
the  same  be  paid  within  Twelve  months  from  the  passing 
this  resolve.  February  26,  1794* 

Chapter  91. 

RESOLVE  ON  THE  PETITION  OF  THE  SELECTMEN  OF  THE  TOWN 
OF  BIDDEFORD,  REMITTING  A  FINE  LAID  ON  SAID  TOWN. 

On  the  petition  of  the  Selectmen  of  the  Town  of  Bidde- 
ford   praying  that  the   fine   Set  against  Said    Town   for 

*  Approved  February  27,  1794. 


650  Resolves,  1793.  —  January  Session. 

Neglecting  to  Chose  a  Representative  to  Represent  them  in 
the  General  Court  in  the  3'ear  1788  may  be  Remited. 

Resolved  that  the  prayer  of  Said  Petition  be  Granted 
&  that  the  Sum  of  Thirty  four  pounds  Set  to  the  Town 
of  Biddeford  as  a  fine  for  Neglecting  to  Chose  a  Repre- 
sentative to  Send  to  the  General  Court  in  the  year  1788 
be  Remitted  &  the  Treasurer  is  hereby  Directed  to  Gov- 
ern himself  Accordingly.  February  26,  1794  * 

Chapter  92. 

RESOLVE  ON  THE ,  PETITION  OF  MARTHA  SMITH,  DIRECTING 
JOHN  DEMING  TO  CERTIFY  A  BALANCE  DUE  TO  ALEXANDER 
SMITH. 

On  the  Petition  of  Martha  Smith  Administratrix  on  the 
Estate  of  Alexander  Smith  Junr.  Late  a  private  Soldier 
in  Colo.  Bradfords  Regiment. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Gov- 
ernor and  Council  the  pay  or  Arrears  of  pay  due  to 
Alexander  Smith  Junr.  late  a  private  Soldier  in  Colo. 
Bradford's  Rei>iment  and  the  Treasr.  on  receiving  a  war- 
rant  therefor,  is  directed  to  Issue  his  Note  or  notes  to 
the  said  Martha  Smith  Administratrix  on  the  Estate  of 
Alexander  Smith  Junr.  in  the  same  way  and  manner  as 
has  been  practiced  in  paying  other  Soldiers  for  Simelar 
Services.  February  27,  1794  * 

Chapter  93. 

RESOLVE  DIRECTING  THE  ATTORNEY-GENERAL  TO  PROSECUTE 
THOMAS  FARRINGTON,  LATE  COLLECTOR  OF  EXCISE,  WITH  A 
PROVISO. 

Whereas  Thomas  Farrington  Collector  of  Excise  for 
the  district  of  Suifolk,  has  neglected  to  render  an  Account 
of  his  collection  in  that  office,  to  the  Treasurer  of  the 
Common  wealth,  according  to  law,  and  has  also  neglected 
to  give  bond  for  the  faithful  performance  of  the  duties  of 
said  Office  as  by  law  required : 

Resolved  that  the  Attorney  General  1)e,  and  he  hereby 
is  directed  to  prosecute  said  Thomas  Farrington  for  the 
excise  money  by  him  collected,  and  not  accounted  for  — 
and  the  Treasurer  is  directed  to  furnish  the  Attorney 
General  with  all  the  evidence  that  can  be  procured  of  the 
Money  collected  by  said  Farrington  as  aforesaid. 

*  Approved  February  27,  1794. 


Eesolves,  1793.  —  January  Session.  651 

Provided  nevertheless,  that  prosecution  against  said 
Farrington  shall  be  suspended  till  the  last  day  of  May 
next,  to  give  him  time  to  settle  his  Accounts,  and  pro- 
vided also  that  said  Farrington  shall  on  or  before  the 
tenth  day  of  March  next,  deliver  over  to  his  Successor  in 
the  Office  aforesaid,  all  official  Books  and  papers  belong- 
ing or  appertaining  to  the  Office  of  Excise  for  the  district 
ofSuftblk  and  Norfolk  and  upon  such  delivery  he  shall  be 
entitled  to  a  Receipt  therefor.  February  27,  1794.* 

Chapter  94. 

RESOLVE  ON  THE  PETITION  OF  WILLIAM  RICE,  IN  BEHALF  OF 
THE  TOWN  OF  SUDBURY,  DISCHARGING  THE  INHABITANTS 
OF  SAID  TOWN  OF  A  FINE, 

On  the  Petition  of  William  Rice^  in  behalf  of  the  In- 
habitants of  the  Town  of  Sudbury,  praying  that  said 
Inhabitants  may  be  discharged  from  a  fine  of  Seventy  four 
pounds  one  shilling  and  eight  pence,  imposed  on  them 
for  not  sending  one  Man  into  the  then  Continental  Army, 
agreable  to  a  Resolve  of  the  General  Court  of  the  7th  of 
March  1782  —  and  whereas  it  appears  that  said  Inhabi- 
tants did  procure  and  send  into  the  Service  the  whole 
Number  of  Men  required  of  them  by  said  Resolve,  not- 
withstanding, one  of  said  Men  was,  nearly  one  year 
afterwards,  passed  to  the  credit  of  the  Town  of  A\^cst- 
Stockbi-idge  :    therefore 

Resolved,  that  for  reasons  set  forth  in  said  })etition,  the 
Inhabitants  of  said  Town  of  Sudbury  be,  and  they  are, 
hereby  discharged  from  the  aforesaid  fine  of  Seventy  four 
pounds  one  shilling  &  eight  pence,  and  the  Treasurer  is 
hereby  directed  to  credit  said  Town  of  Sudbury  for  the 
aforesaid  sum,  any  Law  or  Resolve  to  the  conterary  not- 
withstanding. February  27,  1794  * 

Chapter  95. 

RESOLVE  ON  THE  PETITION  OF  JOHN  STACKPOLE,  IMPOWERING 
THE  TREASURER  TO  CREDIT  HIM  WITH  A  SUM  OF  £.29  IN 
SPECIE. 

On  the  petition  of  Jno.  Stackpole  Collector  of  taxes  in 
the  Town  of  Biddeford  in  the  County  of  York  prajdng  to 
be  credited  for  Ninety  four  Pounds  three  shillings  &  seven 

*  Approved  February  27,  1794. 


652  Resolves,  1793.  —  January  Session. 

pence  in  paper  money  said  to  be  lost  by  a  Vessell  foun- 
dered at  Sea  for  reasons  set  forth  in  said  Petition. 

Resolved,  that  the  prayer  of  the  Petition  be  so  far 
granted  that  the  Treasurer  of  this  Commonwealth  l^e  & 
he  hereby  is  impowered  and  directed  to  Credit  the  said 
John  Stackpole  the  sum  of  twenty  nine  Pounds  in  specie 
towards  the  sum  now  due  from  said  Stackpole  to  this 
Commonwealth  on  taxes.  February  27,  1794* 

Chapter  96. 

RESOLVE   ON   THE    PETITION   OF  THE  SELECTMEN  OF  THE  DIS- 
TRICT OF  BETHLEHEM. 

On  the  petition  of  the  Selectmen  of  the  Destrict  of 
Bethleham  praying  that  they  may  be  Discharged  in  Tax 
No.  10  a  sum  set  against  said  Destrict  for  Representa- 
tives pay  —  they  being[ing]  annexed  to  no  Town  &  hav- 
ing no  right  to  vote  for  a  Representative. 

Resolved  for  reasons  set  forth  in  said  petition  that  the 
Treasurer  of  this  Commonwelth  is  hereby  authorized  and 
Directed  to  Creddet  said  Destrict  the  sum  of  one  pound 
eight  shillings  in  Tax  No.  10  it  being  the  sum  set  against 
said  Destrict  for  Representatives  pay  the  same  to  be 
Added  to  the  next  tax  of  the  Town  of  Sandersfield  as 
part  of  their  Representatives  pay.     February  27,  1794.* 

Chapter  97. 

RESOLVE  ON  THE   PETITION   OF  BENJAMIN  SPAFFORD. 

On  the  Petetion  of  Benjamin  Spaflbrd  Gardian  to  his 
Daughters  Sally  Spafford  and  Polly  Adams  Spafford 
Minors  under  the  age  of  twenty  one  years  Praying  that 
he  may  be  authorized  to  Make  Sale  of  a  Real  Estate  Be- 
lonoino;  to  the  said  Minors  Consisting  of  one  undivided 
third  part  of  one  third  part  of  a  Dwelling  House  and 
Half  of  a  barn  about  seventy  acres  of  Land  in  the  Town 
of  Rowley  and  about  three  acres  of  Salt  Marsh  in  the 
Town  of  Newbury  all  in  the  County  of  Essix  ;  which 
Estate  Came  to  the  Said  Minors  by  Decent  from  their 
Late  Uncle  Jesse  Adams  Late  of  said  Rowley  Deced. 

Resolved  that  the  Said  Benjamin  Spaflbrd  in  his  Said 
Capacity  be  and  he  hereby  is  a[M]thorized  to  Dispose  of 
the  said  Estate  at  publick  or  private  Sale  as  he  shall  Judge 

*  Approved  February  27,  1794. 


Resolves,  1793.  —  January  Session.  653 

most  for  the  Benefit  of  the  said  minors  and  to  make  and 
Execute  a  good  Deed  or  Deeds  of  the  same  to  the  pur- 
chaser, he  the  said  Guardean  first  Giving  Bond  to  the 
Judge  of  probate  for  the  said  County  of  Essix  to  account 
for  the  proceeds  of  said  Sale  with  the  said  Judge  or  Avith 
the  said  minors  when  they  arrive  at  full  age. 

February  25,  1794  * 

Chapter  98. 

RESOLVE   GRANTING  NATHANIEL   WHEELER,  JUN.  £.30. 

On  the  petition  of  Nathaniel  Wheeler  jr.  Matross  in 
the  Company  of  Artillery  commanded  by  Capt.  John 
Johnson  in  the  first  division  of  Militia  of  this  Common- 
wealth praying  compensation  for  his  expences  &  loss  of 
business  in  consequence  of  wounds  received  by  him,  by  the 
explosion  of  a  Field  Peice  on  the  tenth  day  of  November 
1790  when  on  duty  in  consequence  of  orders  from  the 
Commander  in  Chief. 

Resolved  that  there  be  allowed  and  paid  from  the  Treas- 
ury of  this  Commonwealth  to  the  said  Nathaniel  Wheeler 
the  sum  of  thirty  pounds  as  a  compensation  for  his  ex- 
pences &  loss  of  business  during  his  confinement  in  con- 
sequence of  the  said  Wounds.  February  27,  1794  * 


Chapter  99. 

RESOLVE   FOR   APPOINTING    REFEREES  TO   SETTLE   WITH  THE 
EXECUTORS   OF  MR.  IVERS'   ESTATE. 

Whereas  many  DiflSculties  have  arisen  respecting  a 
Settlement  of  the  late  Treasurer  Ivers's  Accounts  with 
this  Commonwealth  &  it  is  expedient  that  a  final  Adjust- 
ment of  the  same  should  be  had  :    Therefore 

Resolved  that  the  Attorney  General  be  &  he  hereby  is 
authorised,  impowered  &  directed  to  have  all  Disputes  & 
Demands  between  the  Commonwealth  &  the  executor  of 
the  last  will  and  testament  of  the  late  Treasr.  I  vers,  de- 
termined by  Referees,  agreeable  to  the  Law  intitled  "an 
Act  for  rendering  the  Decision  of  Civil  Causes  as  speedy 
&  as  little  expensive  as  possible." 

And  be  it  further  Resolved,  that  the  President  of  the 
Senate,  &  the  Speaker  of  the  House  of  Representatives, 
together  with  the  Attorney  General,  shall  &  hereby  are 

*  Approved  Febrnary  27,  1794. 


654  Kesolves,  1793.  —  January  Session. 

authorised  to  agree  with  the  Executor  of  the  last  Will  of 
said  Ivers  on  judicious  &  suitable  Persons  to  hear  &  de- 
termine on  the  Demands  aforesaid ;  and  that  the  award 
of  the  said  Referees,  w^hen  made  agreeable  to  said  Law, 
shall  be  conclusive  &  binding  on  the  Commonwealth. 
And  upon  the  Payment  of  such  Ballance  as  may  be  found 
due  to  the  Commonwealth  from  the  Estate  of  said  Ivers, 
into  the  Treasury,  the  Treasurer  of  the  Commonwealth 
shall  oive  a  full  Discharo;e  in  the  behalf  of  the  Common- 
wealth  to  the  Executor  of  said  Ivers,  he  paying  the  same 
as  aforesaid. 

And  be  it  farther  Resolved  that  the  Treasurer  of  the 
Commonwealth  be,  &  he  hereby  is  authorised  &  directed, 
to  lay  before  the  Referees  to  be  appointed  as  aforesaid,  all 
such  Books,  Accounts  &  Papers  as  may  be  necessary  for 
their  Inspection  in  the  Business  aforesaid.  And  in  case 
the  said  Executor  will  not  consent  to  a  settlement  in  the 
manner  prescribed  in  the  foregoing  Resolve,  it  is  further 
Resolved  that  the  Treasurer  of  this  Commonwealth  be  and 
he  hereby  is  authorised  and  directed  to  cause  an  action  or 
actions  to  be  instituted  against  the  executor  of  the  last 
will  and  Testament  of  Thomas  Ivers  Esquire  deed,  late 
Treasurer  of  this  Commonwealth  ;  and  also,  if  necessary, 
against  the  said  Iver's  sureties  for  his  rendering  a  Just 
account  in  his  said  office,  and  pursue  the  same  action  or 
actions  for  the  final  recovery  of  the  balance  due  from  the 
estate  of  the  said  Thomas  Ivers  to  this  Commonwealth  — 
And  the  Attorney  General  of  this  Commonwealth  is 
hereby  directed  to  assist  the  Treasurer  in  conducting  the 
matters  aforesaid  as  the  case  may  require. 

February  27,  1794* 

Chapter  100. 

RESOLVE   GRANTING   £.20,  TO  MRS.  EXPERIENCE   CHALONEE. 

On  the  Petition  of  Experience  Chaloner  praying  that 
the  sum  of  Twenty  Pounds  for  the  last  Quarter  Pension 
of  her  late  Husband  John  Chaloner  deed,  one  of  the 
Pensioners  of  the  Commonwealth  tho.  a  full  quarter  had 
not  elapsed  at  the  Time  of  his  death,  and  for  the  necessary 
expences  of  his  last  sickness  be  granted  to  the  Petitioner. 

Resolved  that  the   Prayer  of  said  Petition  be  granted 

*  Approved  February  27,  1794. 


Resolves,  1793.  —  January  Session.  655 

and  that  the  sum  of  Twenty  Pounds  be  allowed  and  paid  to 
the  Petitioner  out  of  the  Treasury  of  the  Commonwealth 
for  the  Reasons  set  forth  in  said  Petition. 

Febricary  26,  1794.* 

Chapter  101. 

RESOLVE    MAKING    EXTRA     ALLOWANCE     TO     COMMITTEE    ON 
ACCOUNTS,  FOR  THEIR  SERVICES. 

Resolved  that  there  be  allowed  and  paid  out  of  the 
public  Treasury  of  this  Common-wealth,  to  the  Commit- 
tee appointed  to  examine  and  pass  on  Accounts  for  their 
service  on  said  Committee  the  present  Session,  in  ad- 
dition to  their  pay  as  Members  of  the  Legislature  —  vizt. 
to  the  honble  etoseph  Hosmer  p]sqr.  for  thirty  eight  days 
attendance  three  pounds  three  shillings  &  four  pence  — 
to  the  hon.  Stephen  Metcalf  Esqr.  for  thirty  seven  days 
attendance  three  pounds  one  shilling  &  eight  pence  to 
Benjamin  Keed  Esqr.  for  twenty  six  days  attendance  two 
pounds  three  shillings  &  four  pence  to  Samuel  Flagg  Esqr. 
for  thirty  days  attendance  two  pounds  ten  shillings  —  to 
John  Saunders  Esqr.  for  thirty  three  days  attendance 
two  pounds  fifteen  shillings  —  which  sums  shall  be  in  full 
for  their  service  aforesaid.  February  26,  1794  * 

Chapter  102. 

RESOLVE   ON  THE   PETITION   OF  MATTHEW  CHAMBERS. 

On  the  petition  of  Matthew  Chambers,  a  Captain  in 
this  States  line  of  the  late  Continental  Army. 

Whereas  it  appears  to  this  Court  that  the  said  Matthew 
Chambers  has  been  injured  in  his  constitution  &  become 
infirm  &  incapable  of  maintaining  himself  by  labor  in 
consequence  of  his  services  in  the  late  Army  ;  and  being 
a  foreigner  &  destitute  of  natural  connections  in  this 
country  &  reduced  by  poverty  : 

Resolved  that  there  be  allowed  &  paid  out  of  the  public 
treasury,  the  sum  of  fifty  two  dollars  annually  to  the  said 
Matthew,  during  his  natural  life,  in  manner  following  viz: 
That  the  Treasurer  be  &  hereby  is  directed  to  pay  the 
said  sum  of  Fifty  two  Dollars  annually  to  the  Select  men 
of  the  Town  of  Chelmsford,  to  &  for  the  use  of  the  said 
Matthew  Chambers  during  his  life,  to  be  applied  for  his 

*  Approved  February  27,  1794. 


656  Eesolves,  1793.  —  January  Session. 

support  &  maintainance  in  such  manner  as  they  shall 
judge  proper,  provided  that  the  said  Chambers  shall 
not  become  chargeable  to  the  State  for  his  support  & 
maintainence  during  the  term  he  shall  receive  said  allow- 
ance. ,  February  27,  1794* 

Chapter  103. 

RESOLVE  GRANTING  TO  THE  CHAPLAIN   £.15,  AND  THE  CLERKS 
OF  THE   TWO   HOUSES,   EACH,    £.75. 

Resolved,  that  there  be  allowed  &  paid  out  of  the  Treas- 
ury of  this  CommouAvealth  to  the  Reverend  Peter  Thacher 
Chaplain  of  the  two  Houses  of  the  General  Court  fifteen 
Pounds ;  and  to  Samuel  Cooper  Esqr.  Clerk  of  the  Sen- 
ate Seventy  five  Pounds  &  to  Henry  Warren  Esqr.  Clerk 
of  the  House  of  Representatives  Seventy  five  Pounds  in 
full  for  their  services  respectively  for  the  present  year ; 
And  that  the  Treasurer  be  &  he  is  hereby  directed  on  re- 
cieving  a  warrant  therefor  to  pay  the  same  out  of  the 
same  funds,  &  in  the  same  manner,  as  the  Members  of 
the  Genl.  Court  are  paid  for  their  services  the  present 
session.  February  26,  1794.* 

Chapter  104. 

RESOLVE    ON    THE    PETITION    OF    JONATHAN    MAYNARD,    ESQ. 
GRANT  TO,  FOR  THE  SUPPORT   OF  AN   INDIAN   WOMAN. 

On  the  Petition  of  Jonathan  Maynard  Esqr.  Guardian 
of  the  Natick  Indians. 

Resolved  That  there  be  allowed  &  paid  out  of  the 
Treasury  of  this  Commonwealth  to  Jonathan  Maynard 
Esqr.  the  Sum  of  Thirty  pounds  Seven  shillings  &  4d  — 
in  full  of  his  Account  for  the  Support  of  Elizabeth 
Ephraim  an  Indian  from  the  13  Deer.  1792  to  10th  Octo. 
1793.  February  27,  1794* 

Chapter  105. 

RESOLVE   ON  THE   PETITION   OF  TIMOTHY    WALKER,  JUN. 

On  the  petition  of  Timothy  Walker  Junr.  of  Rehoboth 
in  the  County  of  Bristol  pra^nng  for  leave  to  make  sale 
of  a  quantity  of  Land  which  belongs  to  his  Children  in 
their  own  right  who  are  Minors. 

*  Approved  February  27,  1794. 


Resolves,  1793.  —  January  Session.  657 

Resolved,  that  the  prayer  thereof  be  granted  and  the 
said  Timothy  Walker  Junr.  is  hereby  impowered  to  sell 
&  give  a  good  and  suflScient  deed  or  deeds  of  the  lands 
mentioned  in  said  petition,  he  first  giving  Bonds  to  the 
.Judge  of  Probate  of  said  County  that  the  Monies  arising 
from  the  said  sales  shall  be  appropriated  for  the  sole  use 
and  benefit  of  the  said  Minors.  February  27,  1794  * 

Chapter  106. 

RESOLVE  ACCEPTING  THE  REPORT  OF  THE  COMMITTEE  AP- 
POINTED TO  SETTLE  THE  ACCOUNT  OF  MR.  TREASURER 
DAVIS,  WITH  DIRECTIONS   TO   THE   SECRETARY. 

Resolved  that  the  Report  of  Thomas  Dawes  and  Jona- 
than Mason  Esquires,  a  Committee  appointed  by  a  Re- 
solve of  the  General  Court,  of  the  twenty  second  day  of 
June  last,  to  examine  and  adjust  the  Accounts  of  Thomas 
Davis  Esquire  Treasurer  of  the  Commonwealth,  from  the 
sixth  day  of  July  one  thousand  seven  hundred  &  ninety 
two,  to  the  thirty  first  day  of  May,  one  thousand  seven 
hundred  &  ninety  three,  both  days  inclusive  —  be,  and 
hereby  is  allowed  and  accepted,  and  the  Secretary  of  the 
Common  wealth,  is  hereby  directed  to  record  said  Report 
in  a  l)Ook  to  be  kept  for  that  purpose  —  and  that  the 
book  of  Accounts  rendered  by  the  Treasurer,  accompany- 
ing the  report  of  the  Committee  aforesaid,  be  also  de- 
posited in  the  Secretary's  OfiSce  —  and  be  it  further 
Resolved,  that  the  Balance  due  to  the  Common  wealth, 
from  said  Thomas  Davis  as  Treasurer,  on  the  thirty  first 
day  of  May  one  thousand  seven  hundred  and  Ninety  three, 
as  stated  in  the  report  of  the  Committee  aforesaid,  be 
carried  to  the  Debit  of  said  Treasurer  in  a  new  Account. 

February  25,  1794* 

Chapter  107. 

RESOLVE  DIRECTING  THE  TREASURER  TO  CONTRACT  FOR  THE 
SUPPLIES  TO  THE  CONVICTS  AND  GARRISON,  AT  CASTLE 
ISLAND. 

Resolved,  that  the  Treasurer  of  this  Commonwealth  be 
and  hereby  is  Authorized  &  directed  to  Contract  for  Sup- 
plying the  Garreson  &  Convicts  on  Castle  Island  with  Pro- 
vision and  Cloathing  for  the  Term  of  One  year  Commenc- 
ing April  the  first  1794,  on   Terms    most  advantageous 

*  Approved  February  27,  1794. 


658  Resolves,  1793.  —  January  Session. 

to  Government  and  that  He  cause  public  notice  thereof 
to  be  given  in  the  Independent  Chronicle  three  Weeks  be- 
fore His  entering  into  such  contract,  that  He  shall  receive 
proposals  from  any  person  or  persons  disposed  to  make 
the  Same  under  Seal ;  And  shall  require  bond  with  good 
and  sufficient  Surety  in  the  Sum  of  five  hundred  pound 
from  the  Contractor  or  Contractors  for  the  faithful  dis- 
charge of  his  or  their  duty  and  that  the  said  Contract 
shall  allow  the  same  Articles  of  Provision  &  Cloathing  to 
the  Garreson  and  Convicts  as  is  Specified  in  the  Contract 
made  in  the  year  1792  for  that  Purpose. 

February  27,  1794* 

Chapter  108. 

RESOLVE   ON  THE   PETITION    OF  SARAH   WALDO. 

On  the  petition  of  Sarah  Waldo  praying  for  Reimburs- 
ment  of  Taxes  which  she  descharged  on  Confiscated 
Lands  in  the  Town  of  Falmouth  in  the  County  of  Cum- 
berland which  she  purchased  of  the  Court's  Committe  in 
July  1785,  with  the  necessary  Charges  that  arose  theron, 
said  Taxes  being  Assessed  prior  to  her  purchase  and  when 
said  Lands  were  the  property  of  the  Commonwealth. 

Resolved  that  there  be  allowed  &  paid  to  the  said  Sarah 
Waldo  out  of  the  Treasury  of  this  Commonwealth  the 
sum  of  One  hundred  and  Thirty  four  pounds  seventeen 
Shillings  &  Ten  pence  in  full  for  the  Taxes  &  Charges 
aforesaid.  February  24,  1794  * 

Chapter  109. 

RESOLVE     ON    THE     PETITION    OF    SAMUEL    NYE,    DIRECTING 
JOHN  DEMING  TO   CERTIFY   THE   PAY   DUE  TO   JABEZ   NYE. 

On  the  Petition  of  Samuel  Nye  Praying  for  wages  due 
to  his  Son  Jabez  Nye  a  minor  who  died  in  the  Continen- 
tal Army. 

Resolved  that  John  Deming  Esqr.  Certify  to  the  Govr. 
and  Council  the  pay  or  arrears  of  Pay  due  to  Jabez  Nye 
late  a  Soldier  in  Colo.  Smiths  Regiment  and  the  Treas- 
urer on  Receiving  a  Warrant  therefor  is  directed  to  Issue 
his  Note  or  notes  to  the  said  Samuel  Nye  the  Father  and 
heir  to  the  said  Jabez  Nye  in  the  same  way  and  manner 
as  has  been  practiced  in  paying  other  Soldiers  for  Simelar 
Services.  February  27,  1794.* 

*  Approved  February  27,  1794. 


Resolves,  1793.  —  January  Session.  659 


Chapter  IK). 

RESOLVE  ON  THE  PETITION  OF  NEHEMIAH  BULL,  ESQ.  AND 
THOMAS  ALLEN,  IN  BEHALF  OF  THE  TOWN  OF  LANESBOR- 
OUGH.  CONFIRMING  THE  VOTES  AND  PROCEEDINGS  OF  THE 
PROPRIETORS. 

On  the  Petition  of  Nehemiah  Bull  Esqr.  &  Thomas 
Allen  in  behalf  of  the  Town  of  Lanesborough  praying 
for  a  confirmation  of  the  Votes  &  proceedings  of  the 
Original  Proprietors  of  the  sd.  Town  of  Lanesborough 
at  each  &  all  their  Meetings  convened  in  sd.  Town. 

Resolved  that  the  Prayer  of  said  Petition  l)e  so  far 
granted  that  the  Votes  &  proceedings  of  the  sd.  Proprie- 
tors at  each  &  all  of  their  Meetings  holden  in  sd.  Lanes- 
borough as  well  before  the  Incorporation  of  sd.  Town  as 
afterwards,  be,  and  hereby  are  confirmed  and  render'd 
valid  to  all  intents  &  purposes  in  as  efiectual  a  manner  as 
tho.  all  Applications  for  Proprietors  Meetings  were  on 
Record.  February  27,  1794. 

Chapter  111. 

RESOLVE  ON  THE  PETITION  OF  SAMUEL  FLAGG,  ESQ.  DIRECT- 
ING THE  TREASURER  TO  ISSUE  A  NOTE  OF  HAND  FOR  THE 
SUM  OF   £.110   17  2,    FOR   INTEREST  OF   HIS  DEMAND. 

On  the  petition  of  Samuel  Flagg  praying  that  Interest 
Should  be  Allowed  him  on  the  balance  of  his  demand 
against  the  estate  of  Wm.  Brown  Esqr.  from  December 
81,  1782  untill  Jany.  1st,  1791,  being  the  time  he  received 
a  note  from  the  treasurer  of  this  Common-wealth  for  said 
Balance. 

Resolved  that  the  Treasurer  of  this  Common-wealth  be 
&  he  hereby  is  Authorized  &  directed  to  Issue  a  note  of 
hand  in  favour  of  said  Samuel  Flagg  in  common  form  for 
the  sum  of  one  hundred  &  ten  pounds,  seventeen  shillings 
&  two  pence  l)earing  date  the  first  day  of  January  A  D 
1791  in  full  of  said  Flaggs  demand  for  interest  on  said 
balance.  February  26,  1794  * 

Chapter  113. 

RESOLVE  ON  THE  PETITION  OF  SETH  NELSON,  EMPOWERING 
SIMON  JACKSON  TO  EXECUTE  A  DEED  OF  A  CERTAIN  LOT 
OF  LAND. 

On  the  Petition  of  Seth  Nelson  praying  that  Simon 
Jackson  Administrator  on  the  Estate  of  Elexander  Shep- 

*  Approved  February  27,  1794. 


660  Resolves,  1793.  —  January  Session. 

ard  Junr.  late  of  Newton  in  the  County  of  Middlesex 
deceas'd  may  be  authorized  and  impowered  to  make  and 
execute  a  good  and  sufficient  deed  in  his  said  capacity  as 
Administrator. 

Resolved  for  reasons  set  forth  in  said  petition  that  the 
said  Simon  in  his  said  capacity  as  Administrator  be  and 
hereby  is  impowered  to  make  and  execute  a  good  and 
sufficient  deed  of  a  certain  lot  of  land  lying  in  Shepards- 
field  (now  Hebron)  being  lot  No.  7  in  the  fourth  range 
in  the  second  division  of  lots  and  the  deed  made  and 
Executed  as  aforesaid  shall  be  as  good  and  valid  to  all 
intents  and  purposes  as  if  the  said  Elexander  had  made 
the  conveyance  in  his  life  time.  February  27,  1794  * 

Chapter  113. 

RESOLVE   ON  THE  PETITION   OF  JACOB   PARKER. 

On  the  petition  of  Jacob  Parker  praying  that  a  Judg- 
ment obtained  against  him  and  one  Ebenezer  Claflin,  in 
favour  of  this  (Commonwealth  may  be  discharged  on  cer- 
tain Conditions. 

Resolved  That  the  said  Parker  and  Claflin  be  hereby 
discharged  from  a  Judo^ment  rendered  against  them  in 
favour  of  this  Commonwealth  upon  a  writ  of  Scire  facias 
at  the  Court  of  Common  Pleas  holden  at  Concord  within 
&  for  the  County  of  Middlesex  on  the  second  tuesday  of 
September  A7i7io  Domini  1791,  Provided  the  said  Parker 
shall  first  pay  to  Artemas  Ward  junr.  Esq.  one  of  the 
Justices  of  the  peace  for  said  County  a  certain  fine  of 
twelve  shillings  assessed  on  him  by  said  Justice  on  the 
twentieth  day  of  August  Anno  Domini  1789  for  a  breach 
of  the  peace  together  with  the  Costs  of  the  prosecution 
therefor  which  were  taxed  against  him  by  said  eTustice  and 
shall  within  one  month  from  the  passing  this  resolve  pro- 
cure from  said  Justice  and  exhibit  to  the  Clerk  of  said 
Court  a  certificate  of  said  payment ;  Provided  also  the 
said  Jacob  Parker  shall  within  the  same  space  of  time 
pay  to  the  said  Clerk  the  costs  which  have  arisen  on  said 
writ  of  Scire  Facias.  Otherwise  the  said  Judgment  of 
the  Court  of  Common  Pleas  shall  be  and  remain  in  full 
force .  February  27,  1 794 . * 

*  Approved  Febraary  27,  1794. 


Kesolves,  1793.  —  January  Session.  661 


Chapter  114. 

RESOLVE  ON  THE  PETITION  OF  ABNER  COOLEY,  DIRECTING 
THE  ATTORNEY-GENERAL  TO  DEFEND  THE  ACTION  MEN- 
TIONED. 

On  the  Petition  of  Abner  Cooley  of  Deerfield  in  the 
County  of  Hampshire  ;  stating  that  He  purchased,  on  the 
third  day  of  September  seventeen  hundred  &  eighty 
three,  one  hundred  and  six  acres,  &  three  quarters  of  an 
acre,  of  Land,  of  the  Committee,  for  the  sale  of  Confis- 
cated real  Estates,  which  said  land  was  said  to  l)e  Con- 
fiscated, as  belonging  to  Nathaniel  Dickenson  late  of  said 
Deerfield ;  and  hath  been  possessed  thereof,  untill  the 
twentieth  day  of  August  last,  when  he  was  sued  by  one 
Hannah  Williams,  for  Forty  five  acres  of  the  same  Land, 
Claimed  by  the  sd.  Hannah,  as  having  never  been  the 
property  of  the  sd.  Nathaniel. 

Resolved  for  reasons  set  forth  in  sd.  petition,  that  the 
Attorney  General  is  hereby  directed,  by  himself,  or  some 
other  Person,  as  he  may  Judge  proper,  to  defend  sd. 
action  at  Law,  to  final  Judgment  at  the  Charge  of  the 
Commonwealth.  February  27,  1794  * 

Chapter  11.5. 

RESOLVE  FOR  ADJOURNING  THE  COURT  OF  COMMON  PLEAS 
AND  COURT  OF  GENERAL  SESSIONS  OF  THE  PEACE  IN  THE 
COUNTY  OF  YORK,  AND  DIRECTING  THE  SECRETARY  IN 
THIS   CASE. 

Whereas  the  public  Fast  this  year  is  appointed  in  the 
same  week  wherein  the  Court  of  General  Sessions  of  the 
peace  and  Court  of  Common  pleas  are  by  law  to  be  holden 
in  &  for  the  County  of  York,  which  will  render  the  hold- 
ing: the  same  at  that  time  inconvenient :    Therefore 

Resolved  that  the  Court  of  General  sessions  of  the  peace 
and  Court  of  Common  pleas  which  are  by  law  to  be  holden 
at  York  in  and  for  the  County  of  York  on  the  third  tues- 
day  of  April  next  be  &  they  hereby  are  adjourned  to  the 
fourth  tuesday  of  April  next  then  to  be  holden  at  York 
aforesaid.  And  that  all  actions  Suits  Matters  &  things 
depending  in  said  Courts  and  all  writs  Executions  War- 
rants Recognizances  and  processes  returnable  to  and  which 
would  have  had  day  in  said  Courts  at  the  time  when  the 

*  Approved  February  27,  1794. 


662  Resolves,  1793.  —  January  Session. 

same  were  to  have  been  holden  as  aforesaid  shall  be  re- 
turnable to,  have  day  in  &  he  fully  acted  upon  therein  at 
the  time  &  place  to  which  they  are  by  this  resolve  ad- 
journed. And  all  Writs  and  other  processes  &  Recog- 
nizances hereafter  to  be  issued  or  taken  whether  made 
returnable  at  the  time  when  said  Courts  were  by  law  to 
have  been  holden  or  to  the  time  to  which  they  are  by  this 
resolve  adjourned  shall  be  sustained  have  day  and  be  fully 
acted  upon  in  said  Courts  at  the  time  to  which  they  are 
adjourned  as  aforesd.  And  all  parties  Jurors  Witnesses 
&  others  who  were  to  have  appeard  &  attended  at  said 
Courts  at  the  time  when  they  were  to  have  been  holden 
as  aforesd.  shall  be  holden  to  appear  and  attend  at  the 
time  &  place  to  which  said  Courts  are  adjourned  as 
aforesd. 

And  the  Secretary  is  directed  to  cause  this  resolve  to 
be  printed  in  the  Gazette  of  Maine  —  and  to  send  an 
attested  Copy  thereof  to  the  Sherifl'  of  the  County  of 
York  who  is  hereby  directed  to  post  up  a  Copy  thereof 
at  York  &  such  other  places  in  the  County  As  he  shall 
judge  expedient.  February  27,  1794.* 

Chapter  116. 

RESOLVE  AUTHORIZING  THE  SUPREME  JUDICIAL  COURT  TO 
ORDER  PAY  TO  CERTAIN  WITNESSES  WHO  APPEARED  AT 
SAID  COURT  IN  THE  COUNTY  OF  WORCESTER,  IN  APRIL  AND 
SEPTEMBER,   1787. 

Whereas  Doubts  have  arisen  whether  the  Supreme  Ju- 
dicial Court  are  authorized  by  any  existing  laws  of  this 
Commonwealth  to  tax  the  travel  &  attendence  of  David 
Fisk,  John  Sheppard  Paul  Goodale,  John  Potter,  James 
Potter,  James  Dodd,  Israel  Davis  the  3d,  James  Davis, 
Nathan  Mann,  George  Webb,  John  Dodd,  Isaiah  Brown, 
Saml.  Chickering  and  Noah  Haven,  summoned  as  wit- 
nesses by  said  Common-wealth  to  appear  before  said  Court 
at  their  sessions  at  Worcester  in  the  County  of  Worcester 
in  April  &  September  AD  1787  to  give  evidence  before 
said  Court  of  what  they  knew  relative  to  the  seditious 
conduct  of  sundry  persons  accused  thereof  l)efore  said 
Court,  which  said  persons  were  finally  acquitted  thereof, 
whereby  said  witnesses  must  loose  their  said  travel  & 
attendence  without  the  Aid  of  the  General  Court :  There- 
fore 


*  Approved  February  27, 1794. 


Resolves,  1793.  —  January  Session.  663 

Resolved  that  the  Supreme  fJudicial  Court  be  and  they 
hereby  are  authorised  &  empowered  to  tax  such  travel  & 
attendence  as  it  shall  appear  to  said  Court  that  each  of 
said  [)ersons  summoned  as  aforesaid  did  Actually  perform 
and  order  the  same  paid  to  said  Witnesses  in  the  same 
manner  other  witnesses  in  behalf  of  the  Commonwealth 
are  paid  any  law  to  the  contrary  notwithstanding. 

February  27,  1794* 

Chapter  117. 

RESOLVE  EMPOWERING  THE  TRUSTEES  OF  THE  GRAFTON  IN- 
DIANS, TO  EXECUTE  A  DEED  OF  CERTAIN  LAND,  IN  FEE 
SIMPLE,  TO   JOSEPH   AND  SIMON   BRUCE. 

Whereas  it  appears  by  a  resolve  of  the  General  court 
on  the  lUth  day  of  november  A  D  1787  that  Pxlward 
Rawson  Willis  Hall  and  Stephen  Maynard  Guardians  of 
the  Grafton  Indians  were  imjiowered  to  Sell  about  Sixteen 
acres  of  Land  lying  in  said  (xrafton,  and  that  they  by 
their  Deed  in  their  Said  capacity  on  the  twenty  first  day 
of  may  A.  D.  1788,  conveyed  to  Joseph  Bruce  and  Simon 
Bruce  of  said  Grafton  Sixteen  acres  &  five  rods  of  land  — 
And  whereas  it  appears  to  this  court  by  the  Petition  & 
Representation  of  the  Said  Joseph  &  Simon  Bruce  and 
by  the  Certificate  of  said  Guardians  that  by  mistake  the 
land  described  in  said  deed  is  not  the  Land  intended  by 
the  Parties  to  have  been  conveyed  as  aforesaid  :  therefore 

Resolved  that  the  present  trustees  or  Guardians  of  the 
Grafton  Indians  be  and  they  are  hereby  impowered  to 
make  and  Execute  a  good  and  Sufficient  deed  in  fee  Sim- 
ple of  said  land  so  intended  to  be  conveyed  to  Said  Josejih 
Bruce  &  Simon  Bruce  —  Provided  the  said  Joseph  &  Simon 
Shall  at  the  Same  time  by  good  &  sufiicient  deed  in  fee 
Simple  reconvey  to  the  Said  Guardians  in  trust  for  such 
of  the  said  Indians  as  are  intitled  thereto  the  said  Sixteen 
acres  &  five  Rods  of  Land  contained  &  described  in  their 
deed  as  aforesaid.  February  27,  1794  * 

Chapter  118. 

RESOLVE  ON  THE  PETITION  OF  JEDUTHAN  WILLINGTON. 

On  the  Petition  of  Jeduthen  Willington  Coroner  for  the 
County  of  Middlesex  praying  for  an  Allowance  of  his 

*  Approved  February  27,  1794. 


664  Kesolves,  1793.  —  January  Session. 

Accot.  for  summonino-  Witnesses  in  the  Prosecution  of 
William  Hunt  Esqr.  &  on  Complaint  against  William 
Hull  Esqr.  hy  Order  of  ye  House  of  Representatives. 

Resolved  that  there  be  allowed  &  paid  out  of  the  Treas- 
ury of  this  Commonwealth  to  Jeduthan  Willington  the 
sum  of  Seven  pounds  Six  shillings  &  2d.  in  full  for  the 
purposes  abovementioned.  February  27,  1794.* 

Chapter  119. 

RESOLVE    GRANTING   EDWARD    McLANE   ADDITIONAL   PAY. 

Upon  the  petition  of  Edward  McLane  praying  for  fur- 
ther allowance  for  his  services  as  Clerk  in  the  Secretary's 
office. 

Resolved  that  there  be  allowed  to  Edward  Mcl^ane  for 
his  services  as  Clerk  in  the  said  office  two  shillings  per 
day  in  addition  to  eight  shillings  per  day  the  common 
establishment  from  and  after  the  2d  day  of  July  1792. 

February  27,  1794* 

Chapter  130. 

RESOLVE  ON  THE  PETITION  OF  SARAH  POWELL  AND  DAVID 
MITCHELL,  EXECUTORS  TO  THE  ESTATE  OF  JEREMIAH  POW- 
ELL, ESQ.  DECEASED. 

On  the  Petition  of  Sarah  Powell  and  David  Mitchell 
Executors  of  the  last  Will  and  Testament  of  Jeremiah 
Powell  Esqr.  late  of  North  Yarmouth  deceased. 

Resolved,  that  the  said  Executors  be  and  they  hereby 
are  empowered  to  execute  in  their  said  Capacity  good  and 
sufficient  Deeds  to  convey  all  and  any  parcels  of  land 
whereof  the  said  Testator  died  seized  and  which  in  his 
lifetime  he  had  obliged  himself  to  convey  by  any  Con- 
tracts in  writing  and  according  to  such  Contracts,  to  the 
persons  to  whom  such  Contracts  were  made,  or  to  their 
heirs  or  assigns,  upon  receiving  the  full  considerations  of 
such  Contracts,  with  lawful  Interest ;  said  Executors  giv- 
ing bond,  vf'ith.  sufficient  Surety  or  Sureties  to  the  Judge 
of  Probate  for  the  County  of  Cumberland  to  account  for 
the  proceeds  of  all  such  sales  according  to  law  —  And  the 
Deeds  of  the  said  Executors  made  pursuant  hereto,  shall 
have  the  same  force  and  effect  as  the  Deeds  of  the  said 
Jeremiah  of  the  same  Premises  could  or  might  have  had. 

February  27,1794* 

*  Approved  February  27,  1794. 


Resolves,  1793.  —  January  Session.  665 


Chapter  121. 

RESOLVE  APPOINTING  NATHANIEL  BISHOP,  ESQ.  TO  TAKE  POS- 
SESSION OF  ALL  THE  PROPERTY  BELONGING  TO  THIS  COM- 
MONWEALTH, NOW  IN  THE  POSSESSION  OF  CALEB  HIDE,  ESQ. 
AND  LEASE  OR  SELL  THE  SAME. 

Resolved  that  Nathaniel  Bishop  Esqr.  be  and  he  hereby 
is  Appointed  and  im})owered  by  due  course  of  Law,  or 
otherwise  to  take  possession  of  all  the  property  belong- 
ing to  this  Commonwealth  now  in  the  possession  of  Caleb 
Hide  Esqr.  late  Sherift'  of  the  County  of  Berkshire,  and 
Lease  out  the  same  for  one  year  or  sell  the  same  as  he 
shall  judge  most  for  the  interest  of  the  Commonwealth 
and  make  return  of  his  doings  as  soon  as  may  be  to  the 
General  Court,  —  &  the  Treasurer  is  directed  to  pay  to  the 
sd.  Bishop  Ninety  pounds  to  discharge  any  incumbrances 
on  the  said  property,  provided  the  said  Bishop  shall  think 
it  necessary  he  to  be  accountable  for  the  same. 

February  27,  1794* 

Chapter  123. 

RESOLVE  ON  THE   PETITION   OF  GEORGE   DOMETT. 

On  the  Petition  of  George  Domett  praying  to  be  im- 
powered  to  sell  a  Moiety  of  twelve  acres  of  Land  the  fee 
of  which  lies  in  his  Daughter  Ann  Domett  a  Minor. 

Resolved  that  the  Prayer  of  said  Petition  be  granted,  & 
that  the  said  George  Domett  be  &  hereby  is  authorised 
&  impowered  to  sell  the  real  Estate  of  the  said  Ann  situ- 
ated in  Quincy  in  the  County  of  Suffolk,  for  the  most  the 
same  will  produce,  either  at  i)ublic  or  private  Sale  as  shall 
be  most  for  the  Interest  of  all  concerned  in  such  Sale,  & 
to  make  a  good  &  lawful  Deed  to  the  Purchaser  thereof: 

Provided  Jiowever,  that  previous  to  such  Sale,  the  said 
George  Domett  shall  pursue  the  Rules  prescribed  by  Law 
for  the  Sale  of  real  Estate  of  Minors,  &  give  Bonds  to  the 
Judge  of  Probate  for  the  County  of  Suffolk  with  sufficient 
Sureties  that  he  will  lay  out  the  Proceeds  of  such  Sale  in 
other  real  Estate  for  the  Benefit  of  such  minor,  within  the 
Town  of  Boston,  which  real  Estate  shall  descend  to  the 
said  Ann  in  the  same  way  &  manner  as  it  would  have 
done  if  the  mother  of  the  said  Ann  Domett  had  died 
seized  of  the  same.  February  27,  1794.* 

•  Approved  February  27,  1794. 


666  Resolves,  1793.  —  January  Session. 


Chapter  133. 

RESOLVE  GRANTING  ADDITIONAL  PAY  TO  WILLIAM  HARRIS. 

On  the  petition  of  William  Harris,  First  Clerk  in  the 
Secretary's  Office  praying  for  an  extra  allowance. 

Resolved,  that  there  be  allowed  &  paid  out  of  the  Treas- 
ury of  this  Commonwealth  to  the  said  William  Harris  two 
shillings  per  day,  in  addition  to  his  present  pay,  from  the 
2d  of  July  1792.  February  27,  1794* 


Chapter  124. 

RESOLVE  GRANTING  TO  CHARLES  GUSHING  AND  JOHN  TUCKER, 
ESQUIRES,  CLERKS  TO  THE  SUPREME  JUDICIAL  COURT,  £.120 
TO  EACH. 

On  the  Petitions  of  Charles  Cushing  and  John  Tucker 
Esqrs.  Clarks  of  the  Supreme  Judicial  Court,  praying  for 
allowance  for  Services  performed  in  sd.  Office. 

Resolved,  that,  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  the  Sum  of  one  Hundred 
and  twenty  Pounds  to  each,  of  said  Clarks,  over  and 
above  their  fees  of  Office,  as  a  full  compensation,  for 
their  Service  in  said  Office.  February  27,  1794  * 


Chapter  125. 

RESOLVE   GRANTING  TO   ISAAC   SEARL   £.30  7  8. 

Whereas  it  appears  by  a  Resolution  of  the  General 
Court  of  Jan.  29,  1789  that  there  was  due  to  Isaac  Searl, 
for  services  rendered,  the  sum  of  twenty  two  pounds, 
which  was  intended  to  have  been  paid  in  unappro- 
priated Land  ;  but  the  same  has  not  been  performed  : 
Therefore 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  said  Isaac  Searl  the 
sum  of  thirty  pounds  seven  shillings  and  eight  pence,  in 
full  for  his  services  mentioned  in  said  Resolve,  with  the 
Interest,  and  expences  respecting  said  Land. 

February  27,  1794* 

*  Approved  February  27,  1794. 


Resolves,  1793.  —  January  Session.  667 


Chapter  1*^6. 

REPORT  OF  THE  COMMITTEE  APPOINTED  TO  EXAMINE  THE 
ACCOUNTS  OF  THE  COxMMITTEE  FOR  THE  SALE  OF  EASTERN 
LANDS,  THAT  THEY  MAY  BE  LODGED  IN  THE  SECRETARY'S 
OFFICE   UNTIL  THE  NEXT  SESSION  OF  THE  GENERAL  COURT. 

The  Committee  of  both  Houses  appointed  to  examine 
the  accts.  of  the  Committee  for  the  Sale  of  Eastern  Lands 
(which  include  Contracts,  Accounts  of  Sales,  sundry  ex- 
penditures and  monies  recieved  and  paid  into  the  Treas- 
ury)  have  attended  that  service,  and  upon  a  general  view 
of  the  Subject  have  reason  to  believe  the  accounts  &c. 
are  properly  stated ;  but  as  there  is  not  time  thorouohly 
to  investigate  them,  ask  leave  to  report  it  as  their  opinion, 
that  the  accounts  of  the  said  Committee  be  lodged  in  the 
Secretary'  office,  until  the  next  Session  of  the  General 
Court  which  is  Submitted.  February  28,  1794  * 

Chapter  137. 

RESOLVE  ON  THE  PETITION  OF  JOHN  BACON,  IN  BEHALF  OF 
THE  TOWN  OF  STOCKBRIDGE,  AUTHORIZING  THE  COMMITTEE 
ON  ACCOUNTS  TO  EXAMINE  THE  ACCOUNTS. 

On  the  Petition  of  John  Bacon  in  behalf  of  the  Town 
of  Stockbridge,  praying  that  the  Accounts  of  said  Town 
for  supporting  sundary  poor  persons  may  1)e  allowed. 

Resolved,  that  the  prayer  of  the  said  Petition  be  so  far 
granted,  that  the  Committee  on  Accounts  be,  and  they 
hereby  are  authorized  and  required  to  examine  the  said 
Accounts,  and  to  make  such  allowance  as  to  Justice  may 
appertain,  in  the  same  manner  as  if  the  said  Accounts  had 
been  presented  within  the  time  limited  by  law. 

February  2S,  1794* 

Chapter  128. 

RESOLVE  ON  THE  PETITION  OF  DAVID  SMEAD,  DIRECTING 
JOHN  DEMING  TO  SETTLE  WITH  THE  COMMITTEE  FOR  THE 
SALE  OF  ABSENTEE'S  ESTATES  IN  THE  COUNTY  OF  HAMP- 
SHIRE AND  TO  ALLOW  THEIR  ACCOUNTS. 

On  the  Petition  of  David  Smead  Praying  that  the  Com- 
mittee for  the  Sale  of  Absentees  Estates  in  the  County  of 
Hampshire  May  be  allowed  Twenty  Pounds  Fifteen  Shil- 

♦  Approved  February  28, 1794. 


668  Resolves,  1793.  —  January  Session. 

lings  for  Searching  out  and  Ascertaining  Several  Estates 
of  Absentees  by  order  of  the  attorney  General. 

Resolved  that  the  Prayer  of  the  Petition  be  so  far 
granted  that  John  Deming  Esqr.  Committee  for  Settling 
with  the  Committees  for  the  Sales  of  Absentees  Estates  be 
&  he  is  hereby  Directed  to  Settle  with  the  Committee  for 
the  Sale  of  Absentees  Estates  in  the  County  of  Hampshire 
&  to  allow  the  whole  or  Such  Part  thereof  as  Shall  be 
Reasonable  &  Just  &  Pass  the  Same  to  their  Credit  in  the 
Public  Books.  February  28,  1794* 

Chapter  139. 

RESOLVE  ON  THE  REPRESENTATION  OF  STEPHEN  JONES,  ALEX- 
AtJDER  CAMPBELL  AND  GEORGE  STILLMAN,  ALLOWING  FUR- 
THER TIME  TO  THE  COMMITTEE  FOR  THE  PURPOSE  OF 
TREATING  WITH  AND  CARRYING  INTO  EFFECT  THE  INTEN- 
TIONS OF  THE  GENERAL  COURT  TOWARDS  THE  PASSAMA- 
QUODY  TRIBE  OF  INDIANS. 

On  the  Representation  of  Stephen  Jones,  Alexa.  Camp- 
bell, &  George  Stillman,  a  Coratee.  to  confer  with  ye 
Passamaquody  Tribe  of  Indians,  on  the  Subject  of  their 
Address  to  the  General  Court. 

Resolved,  that  a  further  time  be  &  hereby  is  allowed  to 
the  Comtee.  aforesaid,  for  the  purpose  of  treating  with,  & 
carrying  into  Effect,  the  Intentions  of  the  General  Court 
towards  ye  Passamaquody  Tribe  of  Indians  aforesaid,  as 
signified  by  Resolves  passed  March  ye  28th  1793  ;  &  the 
sd.  Comtee.  are  hereby  authorized,  and  requested  to  gov- 
ern themselves  accordingly.  February  28,  1794.* 

Chapter  130. 

ORDER  TO  THE  SECRETARY  TO  PUBLISH  THE  DISTRICTING  BILL 
IN  THE  INDEPENDENT  CHRONICLE  AND  OTHER  NEWSPAPERS 
IN  THIS  COMMONWEALTH. 

Ordered,  that  the  Secretary  of  this  Commonwealth  be  & 
he  hereby  is  directed,  to  cause  an  Act,  passed  the  present 
Session  of  the  General  Court,  for  the  purpose  of  district- 
ing anew  said  Commonwealth  for  the  choice  of  Counsel- 
lors &,  Senators,  to  be  published  in  the  Independent 
Chronicle,  &  in  one  news  paper  in  each  County  where 
there  is  a  news  paper  published,  for  the  purpose  of  giving 
notice  to  the  Citizens  of  this  Commonwealth,  that  they  may 
govern  themselves  accordingly.  February  28,  1794. 

*  Approved  February  28,  1794. 


Resolves,  1798.  —  January  Session.  669 


Chapter  131. 

RESOLVE    GRANTING    £.19   10   TO  THOMAS   GREEN. 

Resolved,  That  thei-e  be  allowed  &  paid  out  of  the  Pub- 
lic Treasury  of  this  Commonwealth,  to  Thomas  Green  the 
sum  of  Ninteen  Pounds  ten  shillinos  in  full  for  his  services 
as  assistant  Clerk  to  the  Senate,  the  present  session  of  the 
General  Court.  February  28,  1794* 

Cliapter  132. 

RESOLVE   ON   THE    PETITION   OF  SILAS  CONANT. 

On  the  petition  of  Silas  Conant  praying  that  sixty  & 
one  pounds  may  be  paid  to  him  out  of  the  monies  which 
the  Commonwealth  may  recover  &  receive  from  the  sure- 
ties of  one  William  Baker  Avho  is  indicted  before  the  Su- 
j)reme  Judicial  Court  in  the  County  of  Middlesex  for 
forgery,  on  the  forfeiture  of  said  Bakers  recognizance ; 
for  reasons  set  forth  in  said  petition. 

Resolved  that  the  Sheritf  of  the  County  of  Middlesex 
for  the  time  being  (or  any  other  officer  wdio  may  receive 
the  same)  when  he  shall  receive  the  sum  forfeited  as 
aforesaid,  be  &  he  hereby  is  authorized  &  directed  to  pay 
to  said  Conant  the  sum  of  Sixty  &  one  pound  lawful 
money  out  of  said  sum  forfeited  by  said  Baker  as  afore- 
said &  said  Conants  receipt  shall  discharge  such  Sheriff 
or  officer  for  that  Sum.  February  27,  1794  * 

Chapter  133. 

RESOLVE     DIRECTING     THE     TREASURER     TO     STAY    PROCESS 
AGAINST  THE  TOWN  OF  LEBANON  IN  THE  COUNTY  OF  YORK. 

Resolved  that  The  Treasurer  of  this  Commonwealth  be 
and  he  is  hereby  directed  to  Stay  Process  against  the 
Town  of  Lebanon  in  the  County  of  York  on  a  Certain 
bond  given  to  the  Treasurer  by  the  Selectmen  of  Sd.  Leb- 
anon, for  the  Sum  of  two  Hundred  and  Seventy  three 
Pounds  Seventeen  Shillings  &  Six  Pence,  untill  after  the 
first  Session  of  the  Next  General  Court. 

February  28,  1794* 

*  Approved  February  28,  1794. 


670  Resolves,  1793.  —  January  Session. 


Chapter  134. 

RESOLVE    DIRECTING    EZEKIEL    SAWYER,    TO    PAY    INTO    THE 
TREASURY   £.10  17  11. 

On  the  petition  of  Ezekiel  Sawyer. 

Whereas  it  appears  l)y  the  Treasurers  books  that  the 
sum  of  thirty  two  pounds  thirteen  shillings  &  ten  pence 
was  twice  credited  Ezekiel  Sawyer,  Collector  of  Taxes 
for  the  Town  of  Rowley,  in  part  of  Taxes  committed  to 
him  in  the  year  1781  : 

Resolved  that  on  said  Sawyers  paying  into  the  Treasury 
of  the  Common-wealth,  the  sum  of  ten  pounds  [pounds] 
seventeen  shillings  &  eleven  pence,  he  be  discharged  from 
any  further  demand  upon  him  for  Taxes  Committed  to  him 
in  the  year  one  thousand  seven  hundred  &  eighty  one,  to 
collect  for  the  Common  wealth.  February  27,  1794  * 


Chapter  135. 

ROLL,  NO.  29. 

The  Committee  on  Accounts  have  examined  &  passed 
upon  the  Accounts  now  presented,  &  find  the  Sums  re- 
ported &  set  against  the  Towns  &  Persons  hereafter 
named,  are  due  to  them,  &  if  alh)wed  will  be  in  full  dis- 
charge of  the  Accots.  exhibited. 

JOSEPH   HOSMER  Pr.  Order. 


To  the  Town  of  Abington  for  supporting  sundry  Pau-        £.   s.    d. 

pers  from  June  1793  to  Jany.  1794 33  15     1 

To  the  Town  of  Acton  for  supporting  Eunice  Barber  & 

three  Children  from  June  19,  1793  to  Jany.  30,  1794,  .  16  0  0 
To  the  Town  of  Attleborough  for  supporting  John  Jane 

&  Wife  from  Jany.  12,  1793  to  Jany.  12,  1794,  .  .  31  6  0 
To  the  Town  of  Boxborough  for  supporting  John  Ken- 
nedy &  Wife  from  June  L',  1793  to  Jany.  2,  1794,  .  16  10  0 
To  Josiah  Bartlet  for  Medicine  &  Attendence  on  George 

Perry   &  Ralf  Higginson   from  feby.  1793  to  Deer. 

1793, 7  12     6 

To  the  Town  of  Billerica  for  supporting  Jane  Wood 

from  Jany.  93  to  Jan.  94, 14    6     0 

To  the  Town  of  Boylston  for  supporting  Robt.  Brown 

including  Doer.  Bill  from  feby.  21  to  Augt.  1,  1793,  .  18  2  6 
To  the  Town  of  Beverly  for  supporting  Morris  Nash  & 

family  from  feby.  5,  1793  to  feby.  5,  1794,  .         .        .        15  10    0 

*  Approved  February  28,  1794. 


Resolves,  1793.  —  January  Session.  671 

To  the  Town  of  Belehorllown']  for  supporting  James 

McCamniick,  Mary   Bara   cV    Mary  Soiith    including        £.     s.  d. 

Doer.  Bill  from  Deer.  8,  1793  to  Jany.  1794,         .         .  9     5     2 

To  the  Town  of  Bridgewater  for  supporting  John  Chace 

a  Negro  from  AjjI.  10,  1793  to  Jany.  1794,  ...  711 

To  the  Town  of  New  bedford  for  supporting  Phillip 

Mayson  &  Ebenezer  Shott  from  Sepr  1793  to  Jany. 

1794  including  Doer.  Bill, 12  11  10 

To  the  Town  of  Boston  for  supj)orting  sundry  Paupers 

from  Sepr.  1,  1792  to  Deer.  31,  1793,  .  .'  .  .  1353  2  9 
To  Samuel  Whitwell  for  Services  as  Overseer  of  the 

Paupers  from  Sepr.  1,  1792  to  Deer.  31,  1793,  .  .  105  11  6 
To  the  Town  of  Concord  for  supporting  Wm.  Shaw, 

from  June  93  to  Jany.  94, 11  10     0 

To  the  Town  of  Chilmark  for  supporting  Tirao.  Green 

&  Family  from  Augt.  1792  to  Jany.  1794,     .         .         .  8  10     0 

To  the  Town  of  Charlemont  for  supporting  Jonathan 

Hill  from  Jany.  1793  to  feby.  1,  1794,  .  .  .  .  17  5  6 
To  the  Town  of  Charlestown  for  sujjporting  Ralf  Hig- 

ginson  from  Sepr.  29  to  Novr.  27,  1793,        ...  400 

To  Mary  Cutler  for  su^iporting  a  Child  from  feby.  93  to 

Novr,  1793, 5  17     0 

To  the  Town  of  Chelmsford  for  supporting  Thorns.  Grant 

&  Wife  from  May  22,  1793  to  Jany.  1794,  .  .  .  18  3  1 
To  the  Town  of  Colrain  for  sup^jorting  sundry  persons, 

paupers  including  Doer.  Bill  from  Deer.  1792  to  Jany. 

1794, 41  14     7 

To  the  Town  of  Dedham  for  supporting  sundry  paupers 

from  Jany.  1792  to  Jany.  1794, 81     6     0 

To  Lydia  Dodge  for  supporting  McCommick  from  Sepr. 

21,  to  Octr.  19,  1793, 4  16     0 

To  the  Town  of  Dracut  for  supporting  John  Hancock  & 

Wife  from  March  1792  to  eTany.  1794  including  Doer. 

Bill, 21     8  11 

To  the  Town  of  BucTiland  for  Doci\  Saflfords  Bill  for 

medicine  &  attend,  on  sundry  Paupers  from  March 

1790  to  June  1792 15     0     0 

To  the  Town  of  Cambrige  for  Saml.  Blodget  Bill  medi- 
cine &  attend,  from  May  1793  to  Jany.  1794,  .  .  0  18  0 
To  Do.  for  Doer.  John  Brooks  Bill  Meaicine  &  attend. 

from  Apl.  93  to  feby.  94, 14     8 

To  the  Town  of  Egremont  for  supporting  Edwd.  Dayly 

&  family  from  Jany.  1792  to  Jany.  1794,  .  .  .  25  0  0 
To  the  Town  of  Eastown  for  supporting  Abigail  Easter- 
brooks  from  May  1793  to  Jany.  1794,  .  .  .  .  11  10  5 
To   the   Town   of   Framingham   for   suppoi'ting  Polly 

Saunders  from  Jany.  1793  to  Jany.  1794,      .         .         .  2  117 

To  the  Town  [q/]  Gloucester  for  supporting  sundry  Pau- 
pers includingDoetr  Bills  from  Jany. 1793toJany.l794,  211  9  8 
To  the  Town  of  Hadley  for  supporting  Mary  Bates  from 

Jany,  1793  to  Jany.  1794, 7  16     0 

To  the  Town  of  Green  for  supporting  John  Chandler 

from  Jany.  1793  to  Jany.  1794  including  Doer.  Bills,  .  16  9  0 
To  the  Town  of  Gioton  for  suijporting  sundry  Paupers 

from  Jany.  1793  to  Jany.  1794  including  Doer.  Bills,  .  79  11  7 
To  the  Town  of  George  Town  for  supporting  sundry 

Paupers  from  Jany.  1793  to  Jany.  1794,       .        .        ,        62  15    0 


672  Resolves,  1793.  —  January  Session. 

To  tlie  Town  of  Haverhill  for  supporting  sundry  Pau-        £.   s.    d. 
pers  from  Jany.  1793  to  Jany.  1794,     .        .      \        .        17  19     1 

To  Jesse  Houghton  for  Burying  sundry  Paupers  from 

Jany.  1793  to  Jany.  1794, 6     6     0 

To  the  Town  of  Hopkinton   for  supporting  Patience 

Brindly&  Anna  Fanning  from  Feby.  1793  to  feby.  1794,         13    0    0 

To  William  Lyman  of  York  for  iNledicine  &  Attendence 

on  Sarah  Beacom  from  May  to  Deer.  1793,  .  .  8     0    0 

To  the  Town  of  Lanesborough  for  suppoi-ting  Samuel 
Harrison  &  family  from  Alay  1792  to  Octo.  1793  in- 
cluding their  Removal  from  State,        .         .         .         .         62     1     6 

To  the  Town  of  Lincoln  for  supporting  Thorns.  Pocock 

from  feby.  1792  to  Jany.  1794, 18     6     5 

To  the  Town  of  Lancaster  for  supporting  Richard  Pat- 
ten from  Jany.  1793  to  Jany.  1794,  .        .         .         16  18  11 

To  the  Town  of  Mansfield  for  supporting  simdry  pau- 
pers including  Doctr.  Bills  from  feby.  1791  to  Jany. 
1794, 73  10    8 

To  the  Town  of  Middleborough  for  supporting  Catha- 
rine Moore  from  feby.  5,  1793  to  Jany.  1794,        .         .  7     6     8 

To  William  Moore  of  Boston  his  Accot.  of  sundry  Cof- 
fins,  700 

To  the  Town  of  Maiden  for  supporting  sundry  paujjers 

from  feby.  1793  to  feby.  1794  including  Doctr.  Bills,  .        40     3     1 

To  the  Town  of  Norton  for  supporting  Joseph  Pratt  & 
Wife  including  Doer.  Bill  from  Octo.  1792  to  Jany. 
1794, 18  17     6 

To  the  Town  of  Needham  for  further  allowance  for 
support  &  binding  out  Marshall  Timson  a  Boy,  June 
1793, '   .         .  1   10     0 

To  the  Town   of  Northampton   for   suj^porting   Mary 

Davis  &  others  from  Apl.  1793  to  Jany.  1794,      .         .         48  15     3 

To  the  Town  of  Newbury  Port  for  supporting  sundry 
Paupers  including  Doer.  Bills  from  Jany.  1793  to 
Jany.  1794, 436  12     6 

To  the  Town  of  Newton  for  suppoi-ting  sundry  Paupers 
from  Apl.  1793  to  feby.  1794  including  funeral  Charges,        13  14     2 

To   the   Town    of    Plymouth    for    supporting    sundry 

paupers  from  feby.  1793  to  feby.  1794,         .         .        .        76  18    8 

To  the  Town  of  Pejiperill  for  supporting  Mary  Coal 

from  Jany.  1793  to  July  1793, 13     0     0 

To    the    Town   of    Plympton  for    supporting    sundry 

paupers  from  March  1792  to  March  1793,    .        .         .        14  12     2 

To  the  Town  of  Pittstown  for  supporting  Anna  Clarke 
from  July  1793  to  Jany.  1794 10  12     3 

To  the  Town  of  Rehoboth  for  supporting  Richd.  Bolten, 

Wife  &  four  Children  from  Jany.  1793  to  Jany.  1794,        16     3    8 

To  the  Town  of  Southwick  for  supporting  George  Reed 

&  others  from  feby.  1,  1793  to  feby.  1,  1794,        .        .        29  15    8 

To  the  Town  of  Reading  for  supporting  sundry  paupers 

including  Doctr.  Bill  from  Jany  1793  to  Jany  1794,    .        38  19     6 

To  the  Town  of  Salem  for  supporting  sundr}'  paupers 

including  Doer.  Bill  from  Jany.  1793  to  Jany.  1794,    .       566  14    8 

To  the  Town  of  Shelburne  for  supporting  francis 
Leicester  from  10  feby.  to  13  July  1793,      .         .        .  6  16  11 

To  the  Town  of  Situate  for  supporting  sundry  paupers 

from  Octo.  1792  to  feby.  11,  1794,         .        .        .        .         11  13     9 


Resolves,  1793.  —  January  Session.  673 

To  the  Town  of  Sterling  for  supporting  Betsey  McLeod       £.  s.    d. 
&  Cliildren  from  June  1792  to  Norr.  1793,  .         .         .       31     0     0 
To  Marsliall  Spring  his  Acct.  of  Medicine  &  attendance 

on  William  Blaver  to  feby.  1794, 8  16     0 

To  the  Town  of  Shrewsbury  for  suppoiting  &  binding- 
out  Joel  Gillmore  Jany.  1794, 9     0     0 

To  the  Town  of  Uxbrige  for  supporting  Betsey  Trifle 

from  INIay  1793  to  Jany.  1794 17     0     0 

To  the  Town  of  Windsor  for  supporting  Benja.  Still  & 

John  Dighton  from  Jany.  1793  to  Jany.  1794,      .         .       39  13     0 
To  the  Town  of  Woi'cester  for  supporting  James  Cam- 
bell  from  Jany.  14,  1794  to  feby.  1794  &  transporting 
a  french  family  from  sd.  Town  to  Oxford,  .         .         .         3     9  10 
To  the  Town  of  Williamstown  for  supporting  sundry 

paupers  from  Sepr.  1793  to  feby.  1794,        .         .         .       26     2     0 
To   the   Town    of   Westfield   for   supporting   William 

Davis  from  Jany  1793  to  Jany  1794,     .         .         .         .       15  13     0 
To  the  Town  of  Westboro  for  suppoiting  John  Scud- 
more  from  June  1793  to  feby.  1794,      .         .         .         .       12  17     3 
To  Nathl.  Watson  of  Cambrige  for  supporting  a  pauper 

[from]  from  feby.  1793  to  feby.  1794,  .         .         .         .         7     3     4 
To  the  Town  of  Warwick  for  supporting  Phillip  Royle 

&  Wife  from  feby.  1793  to  feby.  1794,  .         .         .       15  12     0 

To  Ezra  Baker  his  Acct.  of  Medicine  &  attendenc[e]  on 

John  Hampton  from  July  1793  to  Jany.  1794,     .         .       16  15     3 
To  the  Town  of  W^altham  for  supporting  Michl.  Conner 

8  Weeks  including  Doctr.  Bill, 6  11     6 

To  the  Town  of  Watertown  for  supporting  Samuel 
Copi?  &  Family  including  Doctr.  Bill  from  Deer.  1793 

to  feby.  1794, 12  14     0 

To  the  Town  of  Williamsburgh  for  su2)porting  Archi- 
bal  McMellen  &  Wife  from  Jany.  1793  to  Novr.  6, 
1793  including  Dr.  Bill  &  funeral  Charges,  .        .       22  12  10 

To  the  Town  of  AVestspringfield  for  supporting  sundry 

Paupers  from  Jany.  1793  to  Jany  1794,       .        ,        .       15  14  11 
To  the  Town  of  Wrentham  for  sujjjiorting  sundry  pau- 
pers from  May  1793  to  Sepr.  1793,        .        .         .        .        7     6     0 
To  the  Town  of  Wallpole  for  supporting  Sally  Davis 

including  Doer.  Bill  from  Jany.  1793  to  Jany.  1794,    .       16  17     6 
To  the  Town   of  Patridgefield    for   supporting  Mary 

Luce  from  March  1793  to  feby.  24,  1794,      .        .         .       14  17     0 
To  the  Town  of  Natick  for  supporting  Easther  Pero  an 

Indian  Child  from  Feby.  1793  to  Feby.  1794,       .        .        5     4    0 
To  the  Town  of  Audover  for  suppoiting  sundry  pau- 
pers, from  March  1793  to  1st  March  1794  including 

Doer.  Bill, 49     8     3i 

To  Town  of  Roxbury  for  sup^^orting  sundry  pauj^ers 

from  Jany.  93  to  Jany.  94, 36    5     0 


£.4260  19     U 


Printers  Accounts. 

To  Thoms.  Adams  his  Accot.  for  printing  Sundries  from     £.  s. 

Feby.  23,  1792  to  June  16,  1793, 529  17 

To  James  R.  Hutchins  for  printing  Resolves  &c.  Sepr. 

23,  1793, 2  2 


674  Resolves,  1793.  —  January  Session. 

To  Thorns.  B.  Wait  for  printing  sundry  Acts  &  Resolves 

from  feby.  1793  to  Octo.  1793, 

To  Benja.  Titcomb  for  printing  sundry  Acts  &  Resolves 

Oct.  1793, 

To  Edwd.  E.  Powers  for  printing  sundiy  Acts  &c.  fi*om 

Apl.  to  June  1793, 

To  Edwd.  Gi'ay  for  printing  sundry  Acts  &o.  from  Ap. 

93  to  Jany.  1794, 


5       £.    s. 

7     6 

d. 

6 

2     6 

0 

1  11 

6 

6     4 

6 

£.549     8 

2 

£.   s. 
25  16 

d. 

1 

160    0 

0 

5     3 

0 

Expences  of  ye  Mililia. 

To  Nathl.  C.  Allen  for  his  services  as  Brigade  Majr.  & 

Inspr.  from  1  June  1792  to  24  Jany.  1794.    . 
To  William  Donaldson  Esqr.  for  his  Sei'vices  as  Adjt. 
Genl.  for  the  Year  1793  including  Office  Rent  &  every 

other  Charge, 

To  Russell  Dewey  for  his  Services  as  adjt.  from  July 

93  to  Jany.  94, 

To  Stephen  Dewey  Jr.  his  Services  as  Adjt.  March  93 

to  Jany.  1794, 7  11  10 

To  Josiah  Dwight   his  services   as   Brige   Majr.  from 

Feby.  1792  to  Jany.  1793, 6  16     0 

To  Simeon  Demming  his  Services  as  Adjutant  June  to 

Deer.  1793, '       .        .        .  5    5  10 

To   Josiah   Gould  his   Services   as   Adjut.   Sepr.    1793 

to  Jany  1794, 4  11     0 

To  Epaphias  Hoyt  his  Services  as  Adjt.  Jany.  1793  to 

Jany.  1794,     .        .  4     2     6 

To  Cyrus  Homer  his  Services  as  Adjt.  March  1792  to 

Jany.  94, 5  17     8 

To  Stephen  Harden  his  Services  as  Adjt.  from  Jany.  93 

to  Jany.  94, 2    8     0 

To  Daniel  Hartwell  his  Services  as  Adjt.  Augt.  1792  to 

Jany.  1794, 4  19     0 

To  Timo.  Jackson  his  Services  Brig.  ]\la,jr.  Apl.  93,  to 

Jany.  94 '      .         .        .        11     4    0 

To  William  Jeflfards  his  Services  as  Brig.  Majr.  feby.  93 

to  Jany.  94, 4     0     0 

To  William  Jeflfards  to  enable  him  to  pay  the  Members 
of  a  Court  Martial  for  the  trial  of  Capt.  Waliier  & 

Lieut.  Stackpole,  as  pr.  Roll, 6     8     9 

To  Simon  Earned  for  his  Services  as  Depy.  Adjt.  Genl. 

from  Jany.  1792  to  Jany.  1794,     .         .         .    '     .         .         18     6     0 
To  Volentine  Martin  for  his  Services  as  Adjt  Jany.  93 

to  Jany.  94, 2  10     0 

To  William  Mansfield  his  Services  as  Adjt.  Jany.  93  to 

Jany.  94, '    .         .  4  10     6 

To  David  Manning  his  Services  as  Brig.  Majr.  Jany.  93 

to  Jany.  94, 9     4     0 

To  Joseph   Parker  his  Services  as  Adjt.  Jany.  93  to 

Jany.  94, 5  18     9 

To  Levi  Pai-ker  his  Services  as  Adjt.  Apl.  92  to  feby.  94,  2    6     9 

To  John  Punehard  his  Services  as  Adjt.  Augt.  93  to 

Jany.  94, 5     10 

To  Merrick  Rice  his  Services  as  Brig.  Majr.  Sepr.  92  to 

Jany.  94, 12  10    0 


Resolves,  1793.  —  January  Session.  675 

To  Azariah  Root  his  Services  as  Adjt.  Jany.  1,  93  to 

Jany.  94, 

To  William  Seaver  his  Services  as  Brig.  Majr.  Apl.  93 

to  Jany.  94, 

To  William   Stone   his   Services  as  Adjt.  Apl.   92,  to 

Jany.  94, 

To  John  Smith  his  Services  as  Brig.  Majr.  Jany.  93  to 

Jany  94 

To  Saml.  M.  Thayer  his  Services  as  Brig.  Majr.  Jany.  93 

to  Jany.  94, 

To  Quincy  Thaxter  his  Services  as  Adjutant  June  92  to 

Jany.  94, 

To  Joseph  Williams  his  Services  as  Depy.  Adjt.  Genl. 

Jany.  93  to  Jany.  94, 

To  Seth  White  his  Services  as   Adjutant  Apl.  93   to 

Jany.  94 '      .         .         .         . 

To  Asa  Williams  his  Services  as  Adjt.  Apl.  93  to  Jany. 

94, 

To  John  Waterman  his  Services   as   Adjt.   May  93  to 

Jany.  94, 

To  Abel  Wilder  his  Services  as  Adjt.  Jany.  93  to  Jany. 

94 

To  James  Avery  his  Services  as  Brig  Majr.  Jan  v.  91  to 

Jany.  93, "    .         . 

To  Nathl.  Freeman  his  Services  as  Brig.  Majr.  Jany.  93 

to  Jany.  94, 

To  John  Meachum  his   Services  as  Adjt.  Feby.  93  to 

Feby.  94, '        .         .         . 

To  Joseph  Billings  his  Services  as  Adjt.  feby.  93  to 

feby.  94, ■  *     .         . 

To  Saml.  Field  his  Services  as  Adjt.  feby.  93  to  feby.  94, 
To  James  Avery  his  Services  as  Brig.  Majr.  June  93  to 

Deer.  93, "       .        .         .         16     10 


£.    s. 

d. 

6  18 

0 

16  0 

1 

12  2 

6 

12  3 

9 

21  4 

2 

2  7 

1 

15  0 

0 

5  10 

0 

10  11 

6 

5  11 

8 

9  5 

0 

13  15 

0 

7  12 

0 

4  11 

8 

4  18 

0 

3  0 

9 

£.481     2  10 
JExpences  Miscellaneous. 

To  John  Boyle  Esqr.  his  Accot.  of  Stationary  March  93 

to  Jany.  94, 

To  Jeremiah  Bullfinch  his  Accot.  for  riding  Express  to 

Marblehead  Octo.  1793, 

To  Joseph   Blake  for  Repairs   on    Senate   &   Council 

Chambers  to  Deer.  93, 

To  Patrick  Connor  his  Accot.  of  Horse  Hire  Octr.  1793, 
To  Seth  Caldwell  for  transporting  field  pieces  from 

Boston  to  Barree  in  Octo.  1793, 

To  Daniel  Coney  Esqr.  for  Services  done  by  order  of 

Treasr.  in  Augt.  &  Sepr.  1793, 

To  Josiah  Carter  for  transporting  Field   pieces   from 

Boston  to  Leominster  in  1788,  1790  &  1791, 
To  John  Demming  Esqr.  for  Wood  supplied  his  Office 

from  Novr.  1793  to  Feby.  1794, 

To  Thoms.  Dawes  &  Jona.  Mason  Esqrs.  for  examing. 

Treasr.  Accots.  &  defacing  public  Securities  to  Deer. 

1793  at  £10.  each  as  pr.  Resolve, 

To  John  Homer  his  Accot.  of  Repairs  in  Senate  &  Coun- 
cil Chambers  in  Deer.  1793,  ...... 


£. 

s. 

d 

45 

15 

8 

1 

4 

0 

6 

6 

9 

3 

18 

0 

11 

9 

8 

5 

1 

9 

6 

4 

0 

2 

8 

0 

20 

0 

0 

9 

11 

9 

676  Resolves,  1793.  —  January  Session. 

To  Jacob  Kuhnn  for  riding  Express  to  Lincoln  &  Prince-       £.    s.    d. 
ton  Octo.  1793, 2     2     0 

To  Saml.  Laha  his  Salary  for  keeping  Ransfords  Island, 
hording  &  burying  Jno.  Gordon,  extra  Services  & 
Supplies  to  the  Hospital  for  the  Year  1793,  .        .         18  15     2 

To  Messrs.  Mason  &  Winslovv  their  Accot.  of  Nails  &c. 
Feby.  94, 4     7     2 

To  Joseph  Pope  for  Services  in  surveying  the  land  be- 
tween Barnstable  &  Buzzard's  Bay  in  the  Yr.  1791,    .  5  14     0 

To  Elias  Richardson  for  taking  of  public  Stores  in  Cani- 
brige  &  repairs  of  fences  from  1st.  feby.  1793  to  feby, 
1794 6  12     0 

To  John  Stutson  for  Repairs  in  Council  &  Senate  Cham- 
bers from  Jany.  1793  to  Jany.  1794,      ....  563 

To  Jon  a.  Stodard  for  repairing  the  Hospital  Boat  from 

Apl.  1792  to  Jany.  1793, 113  11 

To  Bartho.  Trow  for  riding  Express  to  summon  Mem- 
bers of  Council  in  Octo  1793, 17     0 

To  Daniel  Cowing  for  his  Attendeuce  on  Genl.  Court 

the  present  Session, 13  13     0 

To  Samuel  Foster  further  allowance  as  Clerk  in  the 

Treasurer'  Office  in  the  Year  1792,       .         .        .         .        12    0    0 

To  James  White  his  Accot.  Stationary  supplied  the  Genl. 

Court  from  March  1793  to  Feby.  1794,  .        .        .         20     0    8 

To  Thoms.  Walcot  his  Accot.  of  Stationary  &  writing 

feby.  1794, 140 

To  Joseph  Laughton  his  Services  as  Clerk  in  the  Treasr. 

Office  from  14  Sept.  1793,  to  feby.  22,  1794,         .         .        75  18     0 

To  Alexr.  Campbell  Esqr.  for  his  Services  to  Passama- 
quodia  to  treat  with  the  Indians  Octr.  1793, 

To  George  Stillman  his  Services  for  Do., 

To  Stephen  Jones  his  Services  for  Do.,    . 


13     0 

5  12 

11  11 

0 
6 
5 

£.310  16 

8 

£.  s. 
10  18 

d. 
0 

Sheriff's  Accounts. 

To  Jeremiah  Allen  Esqr.  for  his  Attendence  on  the  Trial 
of  William  Hunt  Esqr.  including  under  Officers  by 
Order  Senate  Feby.  1794 

To  Bailey  Bartlet  Esqr.  for  Services  as  Sheriff,  pr.  Order 

of  Govt,  from  1789  to  1793, 9     18 

To  Simon  Earned  Esqr.  for  Services  as  Sheriff,  in  re- 
turning Executions  &  distributing  Warrants  to  Jany. 
1794 15    4    0 

To  Bennet  Pompelly  Depy.  Shff'.  for  serving  Eight  War- 
rants issued  by  William  Wedgery  Esqr.  to  a  Number 
of  Plantations  in  the  County  Cumberland  1793,  .         .  3  13    8 

To  John  Wait  Esqr.  for  dispei'sing  precepts  &  return- 
ing Votes  for  federal  Representatives  &c.  Novr.  1792 
to  March  1793, 9  14     2 

£.48  11     6 


Resolves,  1793. — January  Session.  677 

Aniot.  of  Roll  No.  29  passed  Fehy.  1794. 


For  Support  of  Paupers,    . 
Expences  of  Sheriffs, 
Expences  of  Militia,  . 
Expences  of  printing, 
Expences  Miscellaneous,   . 

£.    s. 
.     4260  19 
48  11 
.       481     2 
.       549     8 
.      310  16 

d. 
H 
6 

10 
2 
8 

£.5650  18 

H 

Deduct  from  the  Amot.  of  the  above  Roll 
One  Thousand  [Pounds  paid  the  Town 
of  Boston  as  j^r.  Resolve  of  22d  June 
1793  which  sum  is  in  part  payt.  of  the 
Accot.  herein  allowed  said  Town,  £.1000    0    0 


£.4650  18    3i 


Read  &  accepted,  &  thereui)on  Resolved  that  his  Honor 
the  Lieut.  Governour  with  the  advice  of  Council,  be  &  he 
hereby  is  requested  to  issue  his  Warrant  on  the  Treasury, 
for  the  payment  of  the  several  Corporations  &  persons 
borne  on  this  Roll  the  sum  set  against  such  Corporations 
&  persons  respectively,  amounting  in  the  whole  to  the 
sum  of  Four  thousand  six  hundred  &  fifty  pounds,  eighteen 
shillings  &  three  pence  half  penny. 

February  27,  1 794* 

*  Approved  February  27,  1794. 


SPEECHES     AND     MESSAGES, 


1 792 -1 793 


SPEECHES 


HIS  EXCELLENCY  THE  GOVERNOR  AND  HIS 
HONOR  THE  LIEUTENANT  GOVERNOR, 


MESSAGES  TRANSMITTED  BY  HIS  EXCELLENCY  AND  HIS 
HONOR  TO  THE  GENERAL  COURT  DURING  THE  LEGIS- 
LATIVE  YEARS 

1793-1793. 


[May  Session,  1792.*] 

Wednesday,  June  6. 

At  Eleven  o'clock  the  two  Houses  assembled  in  the 
Representatives  Chamber,  when  His  Excellency  the  Gov- 
enor  came  in  and  made  the  following  speech  to  them,  viz. 

Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of 
Representatives , 

The  Candor  which  my  Fellow  Citizens  have  shewn 
towards  me  by  repeatedly  giving  me  their  suffrages  for 
Governor  of  the  Commonwealth  &  my  duty  resulting  from 
that  oflSce,  induce  me  to  request  your  attendance  in  this 
place,  that  I  may  pay  to  you  the  respect,  which  is  due  to 
the  Assembled  Representatives  of  a  great  &  free  People  — 

In  times  of  public  danger,  &  of  common  calamity,  men 
in  oflSce  have  an  opportunity  to  make  a  display  of  ability, 
firmness  &  patriotism,  but  we,  Gentlemen,  in  the  present 
state  of  our  Country,  have  little  more  to  do,  than  to  im- 
prove &  enjoy  that  general  tranquility,  &  those  scenes  of 
Public  prosperity,  which  seldom  fall  to  the  lot  of  a  Nation. 
From  the  characters  which  compose  the  Legislature  our 
fellow  Citizens  must  possess  the  highest  assurance,  that 
all  the  measures  of  the  present  year,  will  be  calculated  to 
preserve  to  the  People  of  United  America  in  general,  & 

*  Not  printed  in  previous  editions. 


682  1792.  —  Governor's  Messages,  Etc. 

to  those  of  this  Commonwealth  in  particular  those  invalu- 
able blessings  — 

That  a  free  Government  founded  in  the  natural  equal 
rights  of  all  the  people,  is  within  the  reach  of  human 
ability,  &  to  be  prized  as  a  principal  support  ot  National 
happiness,  is  an  idea  which  has  been  long  established  in 
the  minds  of  the  greatest  &  wisest  men  in  the  World. 
The  manner  in  which  this  State  was  originally  settled  by 
our  Ancestors,  has  given  us  an  opportunity  to  carry  this 
principle  into  practice,  &  our  great  &  unexampled  success, 
has  given  us  cause  of  gratitude  to  him  who  prescribed 
the  bounds  of  different  Nations,  &  has  fully  compensated 
us  for  all  our  toil,  expence  &  trouble.  — 

That  Government  may  be  considered  as  truly  free,  where 
all  the  People  are,  by  the  Constitution,  &  Laws,  upon  the 
same  rank  of  privilege,  &  have  an  equal  security  for  their 
lives,  liberties  &  property  —  Where  the  Laws  do  not 
create,  but  are  calculated  to  prevent  all  exclusive  rights 
to  fame  or  wealth,  &  leave  each  Citizen  upon  his  own 
merit  for  the  honors  of  his  Country,  &  upon  his  own  hon- 
est exertions  for  the  acquirement  of  property.  That  such 
a  situation  as  I  have  hinted  at,  may  be  in  the  possession 
of  every  Nation  on  the  earth,  is  the  devout  wish  of  every 
good  Man  :  And  in  this  Idea,  our  prayers  cannot  cease 
for  a  People  with  whom  we  are  nearly  allied,  &  whose 
generous  assistance  did  much  towards  promoting  the  ob- 
ject of  our  wishes  in  the  time  of  our  distress  — 

The  means  most  likely  to  continue  our  public  felicity, 
are  the  establishing  &  executing  such  Laws,  as  will  tend 
to  support  the  habits  of  truth,  integrity  &  every  moral 
virtue  :  &  by  certain  &  adequate  punishments,  to  prohibit 
all  frauds  &  every  immorality  &  vice  :  The  providing 
for  a  regular  support  of  teachers  of  Piety,  religion  & 
morality,  &  the  maintainance  of  free  Public  Schools  in  the 
towns  of  the  State,  by  which  the  children  of  the  poorer, 
will  have  equal  advantages  with  those  of  the  richer  part 
of  the  Community.  I  am  exceedingly  gratified  in  being 
assured,  that  these  important  institutions  are  so  generally 
attended  to  by  the  i)eople  of  this  State.  And  as  I  con- 
sider our  University  at  Cambridge,  as  being  the  principal 
source  of  the  Learning  &  Intelligence  possessed  by  this 
Community,  —  I  cannot  but  earnestly  solicit  you  to  give 
it  your  encouragement  &  support.  By  these,  &  other 
measures  which  your  Wisdom  &  Prudence  will  dictate, 


1792.  —  Governor's  Messages,  Etc.  683 

under  the  smiles  of  that  Divine  Being  who  has  hitherto 
afforded  us  his  support,  we  may  hope  for  a  continuance  of 
our  Prosperity,  &  for  permanent  public  happiness.  — 

We  live  in  a  Country  that  naturally  excites  the  mind  to 
enterprize ;  giving  encouragement  to  industry,  &  to  that 
spirit  of  Commerce  which  tends  to  commend  a  friendly 
intercourse  amongst  all  the  Nations  of  the  Earth,  to  im- 
prove in  the  Arts,  &  to  render  more  valuable  &  impor- 
tant the  vast  variety  of  blessings  which  we  possess  — 

Gentlemen, 

I  have  directed  the  Secretary  to  lay  before  you  such 
Acts  &  proceedings  of  the  Congress  of  the  United  States, 
as  have  been  forwarded  to  me  :  Among  them,  is  an  Act 
for  regulating  the  Militia  of  the  States.  That  Act  appears 
to  me  to  be  quite  consonant  to  the  Constitution  of  the 
General  Government,  &  I  shall,  as  commander  in  Chief 
of  the  Militia  of  this  State  take  every  measure  within  my 
power  to  render  the  Militia  respectable  under  it. 

There  is  also  another  Act  for  the  proportion  of  Repre- 
sentatives to  be  sent  from  the  States  to  Congress.  Your 
attention  will  be  immediately  called  to  the  forming  Dis- 
tricts from  whence  they  are  to  be  Elected  in  this  State. 
You  will  in  this  business  be  pleased  to  consider  that  hav- 
ing the  Districts  so  formed  as  to  give  a  Center  of  commu- 
nication to  the  inhabitants  of  each,  will  have  a  tendency 
to  promote  harmony  &  unanimity  in  their  proceedings  — 

In  the  last  Session  of  the  late  General  Court,  I  was 
obliged  by  a  sense  of  duty  to  object  to  a  resolve  passed 
by  the  two  Houses  for  a  particular  Divorce  —  I  am  led  to 
believe  that  a  majority  of  the  Senate  &  House  Avere  of 
opinion,  that  the  provisions  made  by  the  standing  Laws 
of  the  State,  are  inadequate  to  subjects  of  this  nature  :  If 
I  had  lieen  clearly  of  opinion  that  the  Legislature  had  a 
right  to  dissolve  the  bands  of  Matrimony  by  a  special  Act, 
I  should  have  objected  to  a  resolve  for  that  purpose  as  not 
being  of  proper  solemnity  in  the  transaction.  I  wish  you. 
Gentlemen,  to  revise  the  laws  now  existing  on  this  sub- 
ject ;  &  if  the  causes  as  recognized  by  Law  do  not  com- 
prehend all  those  for  which  a  Divorce  ought  to  be  allowed  : 
You  will  make  such  provision  as  may  tend  to  give  relief 
where  it  ought  to  be  had.  I  am  obliged  however  to  ob- 
serve, that  this  is  a  subject  which  ought  to  be  treated 
with  great  caution ;    because,  indulgencies  of  this  kind 


684  1792.  —  Governor's  Messages,  Etc. 

when  established  by  law  are  very  liable  to  be  abused,  to 
the  great  injury  of  Society  — 

Whether  the  People  have  the  advantage  of  a  ready  & 
cheap  administration  of  Justice,  you,  who  come  from  the 
various  parts  of  the  Commonwealth  can  determine  better 
than  I  can  :  if  the}'^  have  not  this  benefit,  you  will  pay  a 
proper  attention  to  a  subject  so  very  important  &  inter- 
esting in  its  nature.  Whether  a  new  arrangement  of  the 
Counties  will  conduce  to  the  saving  of  expence  to  the 
People,  may  be  worthy  your  consideration  :  An  increase 
of  their  number  may  render  the  Government  very  un- 
wieldy, &  may  have  a  tendency  finally  to  injure  the  Com- 
monwealth — 

There  is  yet  a  debt  due  from  this  Commonwealth  :  it  has 
not  been  assumed  by  the  Congress,  nor  provided  for  by 
us.  Our  demand  against  the  United  States  has  not  yet 
been  liquidated  or  allowed  by  that  Government.  Justice 
demands  a  perseverance  in  measures  that  may  extinguish 
the  debt  &  satisfy  the  just  claims  of  our  Creditors  — 

By  the  standing  laws  of  the  Commonwealth  Justices  of 
the  Peace  are  impowered  to  appoint  appraisers  of  the 
estates  of  deceased  persons,  &  such  appraisement  is  fre- 
quently the  foundation  of  an  Inventory  of  the  personal 
Estate,  which  is  to  be  accounted  for  by  Executors,  & 
Administrators  —  The  Executors  &  Administrators  have 
their  Election  to  apply  to  such  Justice  as  they  please  for 
such  appointment ;  &  I  am  very  apprehensive  that  Wid- 
ows, Orphans  &  Creditors  may  be  injured  by  this  method 
of  procedure,  while  the  expence  saved  by  not  applying 
to  the  Judge  of  Probate  for  such  appointment  is  very 
trifling. 

Gentlemen, 
I  shall  not  detain  you  further  on  particular  parts  of 
our  business,  but  shall  make  such  communications  to  you 
by  special  Message,  as  I  shall  conceive  to  be  necessary, 
&  Avhile  I  hope  that  such  public  business  as  shall  employ 
your  attention  will  have  an  early  day  in  the  Session,  &  be 
laid  before  me  so  timely  that  I  shall  not  be  obliged  to 
delay  an  adjournment  after  it  shall  be  requested,  I  shall  do 
every  thing  within  my  power  to  give  dispatch  to  the  pub- 
lic business,  &  to  render  the  Session  agreeable  to  you. 

JOHN   HANCOCK. 

Council  Chamber,  June  6th,  1792. 


1792.  —  Governor's  Messages,  Etc.  685 


[May  Session,  1792.*] 

Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of 
Rej)resentatives, 

The  Secretary  will  lay  before  you  a  Letter  of  Resigna- 
tion from  Major  General  Titcomb  of  the  second  Division 
of  the  Militia  in  this  Commonwealth  —  You  will  please  to 
take  such  measures  in  filling  up  the  vacancy  as  you  shall 
judge  best. 

JOHN  HANCOCK. 

Council  Chamber,  Boston,  June  14th,  1792. 

[May  Session,  1792.*] 

Gentlemen  of  the  Senate  i&   Gentlemen  of  the  House  of 
Representatives, 

The  Secretary  will  lay  before  you  the  Resignation  of 
Major  General  Newell  of  the  Seventh  Division  of  the 
Militia  in  this  Commonwealth  on  account  of  his  ill  Health 
—  You  will  please  to  take  such  measures  in  filling  up  the 
Vacancy  as  you  shall  judge  best. 

JOHN  HANCOCK. 

Council  Chamber,  Boston,  June  15th,  1792. 

[November  Session,  1792.*] 

Thursday,  November  8. 

The  Senators  and  Representatives  assembled  in  the 
Meeting  House,  where  His  Excellency  the  Govenor  made 
the  following  speech  : 

Gentlemen  of  the  Senate   <&   Gentlemen  of  the  House  of 
Representatives , 

I  should,  for  my  own,  as  well  as  for  your  convenience, 
have  been  glad  to  have  met  you  at  the  Ancient  Seat  of 
our  Government ;  but  as  it  has  pleased  the  Most  High,  to 
visit  that,  as  well  as  many  other  of  our  Towns,  with  a 
troublesome,  &  contagious  disease,  I  have,  with  the  advice 
of  the  Council,  thought  it  most  for  your  Safety  &  comfort 
to  convene  you  at  this  place. 


*  Not  printed  in  previous  editions. 


686  1792.  —  Governor's  Messages,  Etc. 

The  ordinary  business  of  the  Commonwealth,  might  have 
allowed  me  to  indulge  the  idea  of  proroguing  the  Session 
to  January,  at  which  time  it  may  be  reasonably  expected, 
that  the  Capitol  will  be  intirely  free  from  the  danger  of 
communicating  the  infection  :  but  the  law  having  rendered 
it  necessary  that  the  Elections  should  be  determined  upon 
before  the  first  Wednesday  in  December,  I  was  obliged  to 
yield  to  the  necessity. 

I  shall  not  urge  upon  you  any  further  business  at  this 
time,  tho'  I  shall  be  ready  to  attend  to  any  matter  which 
you  may  propose  as  a  necessary  measure. 

Should  you  be  inclined  to  attend  at  this  time,  to  the 
ordinary  business  of  the  Government,  I  shall  beg  leave 
to  submit  to  your  attention,  the  propriety  of  the  Common- 
wealths becoming  interested  in  the  Union  Bank :  I  do 
this,  because,  if  advantages  are  to  be  derived  from  Insti- 
tutions of  this  nature,  a  participation  of  them  by  the 
State,  will  be  for  the  interest  of  all  the  Citizens  :  And 
because,  as  it  is  of  great  importance  to  the  Community 
to  have  a  proper  regulation  of  the  artificial  medium  cur- 
rent within  it,  the  public  safety  will  be  better  guarded, 
by  having  the  Bank  more  under  the  Eye  of  the  Legisla- 
tive power.  Should  you  not  have  time  to  attend  to  this 
subject  at  present,  you  will  judge,  whether  it  is  expedient 
to  appoint  a  Committee  to  consider  it  in  the  Recess. 

Gentlemen  — 

I  am  urged  by  Sense  of  duty,  to  communicate  to  you 
my  mind  upon  a  transaction,  which  I  cannot  but  consider 
as  an  open  insult  upon  the  Laws  &  the  Government  of 
the  Commonwealth. 

In  the  year  one  thousand  seven  hundred  &  fifty,  the 
Legislature  of  this  then  Province  of  Massachusetts  Bay, 
passed  an  act,  intitled  "  An  Act  to  prevent  Stage  Plays, 
&  other  Theatrical  Entertainments."  The  Act  was  tempo- 
rary, &  only  for  four  years.  Perhaps  the  improbability 
of  obtaining  the  Royal  Assent  to  a  permanent  prohibition 
ot  such  Entertainments,  was  the  reason,  which  induced 
the  Legislature  to  conduct  the  business  in  this  manner. 
The  Act  was  continued  from  time  to  time  by  subsequent 
Acts  ;  &  on  the  second  day  of  July,  in  the  year  one  thou- 
sand seven  hundred  &  eighty  five,  it  was  by  an  Act  of  the 
Legislature  of  the  Commonwealth,  continued  in  force 
until  the  year  one  thousand  seven  hundred  &  ninety 
seven. 


BTL*   1792.  —  Governor's  Messages,  Etc.  687 

The  preamble  of  the  Act  is  in  these  words,  "  For  pre- 
venting &  avoiding  many  great  mischiefs,  which  arise  from 
Public  Stage  Plays,  Interkides  &  other  Theatrical  Enter- 
tainments ;  which  not  only  occasion  great,  &  uimeces^ary 
expences  &  discourage  Industry  &  Frugality ;  but  like- 
wise tend  generally,  to  increase  immorality,  impiety  &  a 
contempt  of  Religion." 

Whether  the  apprehension  of  the  Evils  which  might 
flow  from  Theatrical  exhibitions,  so  fully  expressed  in  the 
preamble  of  that  Act,  are  well  founded  or  not,  may  be  a 
proper  subject  of  Legislative  disquisition  on  a  motion  for 
the  continuance,  or  the  repeal  of  the  Law ;  but  the  Act 
is  now  a  Law  of  the  Commonwealth ;  the  principles  upon 
which  it  is  predicated,  have  been  recognized  by,  &  derive 
support  from  the  consideration  of  several  Legislatures ; 
&  surely  it  ought  to  claim  the  respect  &  obedience  of  all 
persons  who  live  or  happen  to  be,  within  the  Common- 
wealth. Yet  a  number  of  Aliens  &  Foreigners,  have 
lately  entered  the  State,  &  in  the  Metropolis  of  the  Gov- 
ernment, under  advertisements  insulting  to  the  habits,  & 
education  of  the  Citizens,  have  been  pleased  to  invite 
them  to,  &  to  exhibit  before  such  as  attended,  Stage- 
Plays,  Intei'ludes  ct*-  21ieatrical  Entertainments;  under 
the  Stile  &  Appellation  of  Moral  Lectures.  This  fact  is 
so  notorious,  that  it  is  in  vain  to  attempt  a  concealment 
of  it's  coming  to  our  knowledge. 

Whether  the  Judicial  Departments  whose  business  it  is, 
have  attended  to  this  subject  or  not,  I  am  unable  to  deter- 
mine ;  but  this  I  am  convinced  of,  that  no  measures  have 
been  taken  to  punish  a  most  open  breach  of  the  Laws,  & 
a  most  contemptuous  insult  upon  the  powers  of  the  Gov- 
ernment. 

You,  Gentlemen,  are  the  Guardians  of  the  Common- 
wealth's Dignity  &  Honor ;  &  our  Fellow  Citizens,  rely 
upon  your  vigilance  &  wisdom,  for  the  support  of  the 
Sovereignty  &  Importance  of  the  Government.  I  there- 
fore refer  this  matter  to  your  determinations  ;  &  cannot 
but  hope  that  your  Resolutions  &  measures,  will  give 
efficacy  to  the  Laws  &  be  the  means  of  bringing  to  con- 
dign punishment  those  who  dare  to  treat  them  with 
contempt,  or  open  opposition. 

Gentlemen,  — 
The  Institution  of  a  Grand  Jury  in  a  free  Country, 
appears  to  me,  to  be  very  essential  to  the  preservation  of 


688  1792.  —  Governor's  Messages,  Etc. 

good  Morals  &  the  protection  of  innocency.  It  is  a  great 
Bulwark  to  Personal  Liberty  &  Safety  :  it  ought  there- 
fore to  have  the  utmost  attention  of  the  people  ;  &  to  be 
guarded  by  the  Legislature  against  every  possible  corrup- 
tion. The  Law  of  the  Commonwealth  enacted  in  the  year 
One  thousand  seven  hundred  &  eighty  four,  appears  to 
have  been  well  adapted  to  this  important  purpose ;  never- 
theless, by  the  general  practice  upon  it,  we  may  justly 
doubt  whether  it  is  so  well  secured  as  it  ous-ht  to  be  — 
Tho'  the  Act  provides  that  Grand  Jurors  shall  be  Elected 
by  the  Freeholders  &  legally  qualified  voters  at  a  regular 
Town  Meeting,  yet  it  is  very  obvious,  that  this  business  is 
frequently  so  conducted,  that  a  very  few  People  attend 
upon  it.  In  this  way,  men  who  have  their  private  interest 
in  view,  may  obtain  such  Elections  as  may  cause  the  inno- 
cent to  be  arraigned  &  suffer  the  guilty  to  escape  Punish- 
ment. If  there  is  any  thing  which  can  be  done,  to  support 
the  importance  &  purity  of  this  Institution,  &  effectually 
prevent  it's  being  abused  it  will  be  worthy  your  attention. 
I  shall  be  much  obliged,  by  having  the  Acts  you  shall 
see  fit  to  pass  laid  before  me  at  as  early  a  period  as  you 
may  find  it  convenient,  &  I  shall  do  everything  within  my 
power,  to  render  your  business  pleasant  &  agreeable. 

JOHN  HANCOCK. 

Council  Chamber,  Concord,  November  7th,  1792. 


[November  SeBsion,  1792.*] 

Gentlemen   of  the  Senate  <&  Gentlemen  of  the  House  of 
Representatives , 

The  Secretary  will  lay  before  you  the  Pay  Roll  of  a 
Detachment  of  the  Boston  Militia  which  I  found  myself 
obliged  to  order  to  Castle  island  to  supply  the  place  of 
the  Troops  on  the  Island  who  were  under  the  operation 
of  the  Small  Pox.  I  engaged  they  should  receive  their 
pay  for  the  service  agreeably  to  the  terms  of  the  Roll  & 
submit  it  to  your  consideration.  Their  Conduct  while  on 
duty  merits  notice,  &  I  doubt  not  they  will  meet  yours. 

I  also  transmit  to  you  the  account  exhibited  to  me  b}^ 
Doctor  William  Eustis  for  his  care  &  attention  during;  the 
operation  of  the  Small  Pox.     I  cannot  omit  saying  that  I 

•  Not  printed  in  previous  editions. 


1792.  —  Governor's  Messages,  Etc.  689 

was  much  pleased  with  his  Conduct,  &  think  his  charge 
very  reasonable,  &  beg  your  consideration  of  the  Account 
&  doubt  not  your  order  for  the  Payment. 

JOHN  PIANCOCK. 

Concord,  Novr.  9,  1792. 

[November  SessioD,  1792.*] 

Gentlemen   of  the  Senate  &   Gentlemen  of  the  House  of 
Rep  resen  ta  t  ives , 

If  it  will  not  take  up  too  much  of  your  time  I  should  be 
oflad  of  being  indulged  at  4  o'Clock  this  Afternoon  to  meet 
both  Houses  of  the  Legislature  at  the  Meeting  House. 

JOHN  HANCOCK. 

Council  Chamber,  Concord,  Nov.  12,  1792. 

[November  Session,  1792.*] 

Monday,  November  12. 

Agreeably  to  His  Excellency's  request,  the  two  Houses 
convened,  and  were  addressed  as  follows  : 

Gentlemen  of  the   Senate  &  Gentlemen  of  the  House  of 
Representatives, 

By  the  Constitution  of  the  United  States  of  America, 
each  State  is  to  appoint,  in  such  manner  as  the  Legislat- 
ure shall  direct,  Electors  of  President  &  Vice  President. 
The  Electors  are  to  certify  a  list  of  their  Votes  to  the 
President  of  the  Senate  of  the  United  States.  As  the 
Electors  are  to  be  appointed  by  the  respective  States ;  & 
as  their  Votes  could  not  be  received  without  their  appoint- 
ment being  certified,  it  would  clearly  follow,  that  the 
Supreme  Executive  of  each  State  ought  to  see  that  such 
Certificates  were  properly  made. 

By  a  late  Act  of  Congress,  it  is  Enacted,  "that  the 
Supreme  Executive  of  each  State  sliall  cause  three  Lists 
of  the  names  of  the  Electors  of  such  State  to  be  made  & 
certified  &  to  be  delivered  to  the  Electors  on  or  before 
the  first  Wednesday  in  December." 

I  feel  the  importance  of  giving  every  Constitutional 
support  to  the  General  Government ;  &  I  also  am 
convinced  that  the  existence  &  well  being  of  that  Govern- 

•  Not  printed  in  previous  editions. 


690  1792.  —  Governor's  Messages,  Etc. 

ment  depends  upon  preventing  a  confusion  of  the  author- 
ity of  it  with  that  of  the  States  seperately.  But  that 
Government  applies  itself  to  the  People  of  the  United 
States  in  their  natural  individual  capacity,  &  cannot  exert 
any  force,  upon,  or  by  any  means  controul  the  Officers  of 
the  State  Governments  as  such :  Therefore  when  an  Act 
of  Congress  uses  compulsory  words  with  regard  to  any 
Act  to  be  done  by  the  Supreme  Executive  of  this  Com- 
monwealth I  shall  not  feel  myself  obliged  to  obey  them, 
because  I  am  not  in  my  official  capacity  amenable  to  that 
Government. 

My  duty  as  Governor  will  most  certainly  oblige  me 
to  see  that  proper  &  efficient  certificates  are  made  of 
the  appointment  of  Electors  of  President  &  Vice  Presi- 
dent ;  &  perhaps  the  mode  suggested  in  the  Act  above- 
mentioned  may  be  found  to  be  the  most  proper.  If 
you.  Gentlemen,  have  any  mode  to  propose  with  respect 
to  the  Conduct  of  this  business  I  shall  pay  every  atten- 
tion to  it. 

Gentlemen, 
I  do  not  address  you  at  this  time  from  a  disposition  to 
regard  the  proceedings  of  the  General  Government  with 
a  jealous  eye,  nor  do  I  suppose  that  Congress  could  in- 
tend that  clause  in  their  Act  as  a  compulsory  provision  ; 
but  I  wish  to  prevent  any  measure  to  proceed  thro'  inat- 
tention, which  may  be  drawn  into  precedent  hereafter  to 
the  injury  of  the  People,  or  to  give  a  constructive  power 
where  the  Federal  Constitution  has  not  expressly  given  it. 

JOHN  HANCOCK. 
Council  Chamber,  Concord,  Novemr.  12,  1792. 

[November  Session,  1792.*] 

Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of 
Representatives, 

I  by  no  means  wish,  by  this  message,  to  interfere  with 
your  intentions  as  to  a  recess,  but  cannot  omit  suggest- 
ing to  you  the  propriety  of  appointing  a  Committee  to 
consider  in  the  recess  the  present  situation  of  the  hackney 
coaches,  and  their  drivers  in  the  town  of  Boston ;  as  it 

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


1792.  —  Governor's  Messages,  Etc.  691 

appears  to  me  eligible  that  some  regulations  should  be 
determined  upon  l)y  the  General  Court  that  uvdv  give  a 
sanction  to  the  Selectmen  of  Boston  to  put  a  stop  to  the 
inconveniences  that  town  experiences  from  the  present 
mode  of  obstructing  the  passage  through  the  principle 
streets  in  Boston. 

JOHN   HANCOCK. 

Council  Chamber,  Concord,  No\t.  15,  1792, 


[January  Session,  1792.] 

Thursday,  January  31. 

At  Twelve  o'clock,  this  day,  both  Branches  of  the 
Legislature  being  convened  in  the  Representatives'  Cham- 
ber, agreeably  to  assignment,  His  Excellency  the  Gov- 
ernor came  in,  and  addressed  them  in  the  following 
speech : 

3Iq'.  President  and  Gentlemen  of  the  Senate,  Mr.  Speaker 
(&  Gentlemen  of  the  House  of  Representatives, 

My  duty  requires  me  to  point  your  attention  to  such 
objects  as  demand  the  aid  of  Legislative  authority ;  but  I 
feel  the  highest  satisfaction  in  having  occasion  to  con- 
gratulate you  on  the  continuance  of  the  internal  peace,  as 
well  as  on  the  increasing  prosperity  of  our  Republic.  It 
must  aflbrd  you  a  high  degree  of  pleasure  to  find  that  you 
have  nothing  before  you,  but  what  is  incident  to  a  quiet 
&  orderly  state  of  civil  Government.  A  people  in  the 
full  possession  of  the  right  to  govern  themselves  accord- 
ing to  their  own  discretion  by  the  fixed  rules  of  a  Consti- 
tution of  Goverment,  established  upon  their  voluntary 
consent ;  and  to  seek  their  owai  happiness  as  a  Commu- 
nity, without  the  exercise  of  any  authority  over  them, 
excepting  what  is  derived  from  their  own  suflVages  fre- 
quently given,  cannot  fail  of  insuring  to  themselves  politi- 
cal prosperity,  unless  they  want  wisdom  to  discern,  or 
virtue  to  improve  their  own  priviledges. 

When  we  contemplate  the  Governments  of  the  several 
States  together,  with  the  Federal  Constitution,  by  which 
they  are  all  united  for  national  purposes,  we  observe  an 
astonishing  accordance  of  powers  raised  on  the  basis  of 
Republican   principles.     The  wheels  though  of  diflerent 


692  1792.  —  Governor's  Messages,  Etc. 

diameters  turn  in  concert,  and  exhibit  to  mankind  the 
most  satisfactory  proof  that,  Governments  founded  in  the 
ideas  of  natural  equality,  can  possess  more  energy  than 
despotism  has  ever  given  to  those  which  have  been  raised 
by  force  or  fraud,  and  supported  by  pretence  of  hereditary 
power. 

It  is  the  part  of  a  wise  people  in  the  day  of  their  pros- 
perity, to  recollect  the  principles  which  produced  their 
public  felicity,  or  as  it  is  well  expressed  in  the  declaration 
of  rights  perfixed  to  the  form  of  our  Government,  "A 
frequent  recurrence  to  the  fundamental  principles  of  the 
Constitution,  and  a  constant  adherence  to  those  of  piety, 
justice,  moderation,  temperance,  industry  &  frugality, 
are  absolutely  necessary  to  preserve  the  advantages  of 
liberty,  and  to  maintain  a  free  Government." 

Amongst  the  means  by  which  our  Government  has  been 
raised  to  its  present  heigh th  of  prosperity,  that  of  educa- 
tion has  been  the  most  efficient ;  you  will  therefore  en- 
courage &  support  our  University  and  Academies ;  but 
more  watchfully  the  Grammar  and  other  town  Schools. 
These  ofier  equal  advantages  to  poor  and  rich  ;  &  should 
the  support  of  such  Institutions  be  neglected,  that  kind 
of  education  which  a  free  Goverment  requires  to  main- 
tain its  force,  would  very  soon  be  forgotten. 

In  the  means  of  education,  I  do  not  confine  my  views 
to  the  business  of  Schools,  but  extend  my  ideas  to  all  the 
Institutions  which  have  a  tendency  to  aid  the  progress  of 
knowledge  and  virtue  in  the  mind  of  the  rising  genera- 
tion,  and  to  establish  the  public  opinion  in  favor  of 
those  manly  pursuits  which  render  a  people  truly  respect- 
able. 

In  the  system  of  our  Government,  and  founded  in  the 
principles  of  its  Constitution,  are  a  number  of  laws,  calcu- 
lated to  inspire  the  citizens  with  a  reverence  for  religion, 
and  a  respect  for  virtue.  In  this  class  are  the  laws  against 
blasphemy  and  prophanity  ;  and  also  those  which  enjoin 
the  observation  of  holy  time,  an  attendance  upon  public 
devotion  ;  and  others,  making  provision  for  the  maintain- 
ance  of  public  teachers  of  piety,  religion,  and  morality. 
These  Institutions  have  a  manifest  tendency  to  estal)lish 
those  habits,  from  whence  will  result  the  jiunctual  per- 
formance of  civil  duties.  In  another  class  are  found  those, 
which  guard  the  avenues  of  the  heart  against  corruption 
and    depravity :  these    prohibit    lewdness,  intemperance, 


171)2.  —  Governor's  Messages,  Etc.  693 

gambling,  idleness,  levity  &  dissipation  of  manners. 
Laws  of  this  nature  are  important  in  Government,  be- 
cause they  prevent  a  disposition  to  those  crimes  which 
are  dangerous  to  society ;  and  because  the  opinion  of  the 
Community  well  and  clearly  expressed  in  such  institutions 
inculcate  "  the  principles  of  humanity,  industry,  frugality, 
honesty,  sincerity,  good  humour  and  all  the  social  affec- 
tions and  generous  sentiments  amongst  the  People." 

I  have  taken  occasion  thus  to  express  my  sentiments  to 
the  political  Guardians  of  the  State,  that  my  influence 
may  move  in  support  of  those  principles,  upon  which  the 
happiness  of  my  fellow  citizens  so  essentially  depends. 

The  Laws  against  excessive  usury,  and  other  species  of 
oppression,  are  of  great  consequence,  because  they  protect 
the  distressed  part  of  the  Community ;  and  tend  to  the 
preservation  of  that  equality  of  property,  without  which  a 
popular  Government  cannot  long  exist. 

I  recommend  all  these  laws  to  your  attention,  that  they 
may  be  strengthened  where  they  are  weak,  &  guarded 
where  they  may  be  evaded  or  subverted  by  collusion. 

I  have  been  informed  that,  the  laws  against  excessive 
usury,  as  well  as  others,  where  the  forfeiture  on  the 
breach  accrues  equally  to  the  Commonwealth  &  to  the 
Prosecutor  are  frequently  evaded  by  the  bringing  of  ficti- 
tious suits.  This  surely  ought  to  be  remedied  ;  for  it  is 
better  that  a  law  should  not  exist,  than  that  the  acts  of 
Legislation  should  be  made  a  pretext  to  fraud. 

Crimes  which  are  an  injury  alike  to  persons  &  posses- 
sions in  every  Nation  are  variously  punished,  according 
to  the  genius  of  the  Government  against  which  the  offences 
are  committed.  In  States  where  the  principles  of  Gov- 
ernment are  maintained  l)y  force  upon  the  fear  of  the  sub- 
jects, cruel,  and  sanguinary  punishments  are  multiplied; 
but  in  a  free  State,  directed  by  the  public  mind,  upon 
fixed  principles  of  Government,  a  sense  of  that  honor  and 
dignity  of  character  with  which  a  free  citizen  ought  to  be 
warmed,  will  be  considered  as  a  most  powerful  incentive 
to  obeying  the  laws. 

The  Laws  of  our  Commonwealth  contain  but  few  san- 
guinary Institutions :  Burglary  is  a  capital  offence,  &  said 
to  be  made  such  on  the  idea  that  he  who  breaks  &  enters 
a  dwelling  house  in  the  night  time  with  a  felonious  inten- 
tion, would  probably  commit  murder  if  he  should  meet 
with  resistance.     However  satisfactory  this  reasoning  may 


694  1792.  —  Governor's  Messages,  Etc. 

be,  yet  as  that  crime  admit^3  of  various  discriptions  in  the 
common  Law  idea  of  it,  there  may  be  room  for  legislative 
interposition.  The  offender  who  takes  lodgings  in  the 
house  of  another,  and  stealing  property  comes  out  in  the 
night-time,  as  well  as  he  who  breaks  a  dwelling  house  in 
the  night,  and  puts  in  his  hand  and  steals,  is  not  so  highly 
criminal  from  the  idea  of  fatal  consequences,  as  he  who 
actually  enters  the  house  after  he  has  broken  it  with  a 
felonious  intention.  Degrees  of  guilt  demand  degrees  of 
punishment,  in  order  to  maintain  the  equity  of  the  Gov- 
ernment. 

It  may  be  well  worthy  of  your  attention  to  investigate 
the  question  whether  the  infamous  punishments  of  crop- 
ping and  branding,  as  well  as  that  of  the  public  whipping 
post,  so  frequently  administred  in  this  Government,  are  the 
best  means  to  prevent  the  commission  of  crimes,  or  abso- 
lutely necessary  to  the  good  order  of  Government  or  to 
the  security  of  the  people.  It  is  an  indignity  to  human 
nature,  and  can  have  but  little  tendency  to  reclaim  the 
sufferer.  Crimes  have  generally  idleness  for  their  source, 
and  where  offences  are  not  prevented  by  education,  a  sen- 
tence to  hard  labour  will  perhaps  have  a  more  salutary 
effect  than  mutilating  or  lacerating  the  human  body.  I 
recommend  these  ideas  to  your  wise  deliberations,  that 
such  punishments  may  be  provided  as,  if  administred  with 
certainty  and  inflexibility,  may  be  sufficient  to  check  the 
progress  of  crimes,  and  yet  be  suited  to  the  genious  of  a 
Republic. 

The  Laws  which  are  the  source  of  distributive  justice 
between  citizen  and  citizen,  ought  to  be  readily  adminis- 
tred, &  the  officers  who  are  appointed  to  discharge  this 
important  trust,  as  well  as  they  who  are  obliged  to  exe- 
cute the  laws  against  criminals,  ought  to  have  a  reason- 
able allowance  for  their  services.  I  am  obliged  to  ask 
your  attention  to  the  established  rate  of  fees  in  the  Gov- 
ernment, because  that  the  complaints  on  this  subject  are 
too  general  to  be  without  foundation ;  and  too  loud  to  be 
neglected. 

Gentlemen, 

I  am  informed  that,  there  frequently  happens  a  failure 

of  justice  from  the  legal  incompetency  of  town  inhabitants 

to  be  witnesses  where  their  towns  are  parties  :  In  the  trials 

respecting  the  maintainance  of  poor  persons,  the  inhabi- 


1792.  —  Governor's  Messages,  Etc.  695 

tants  of  the  contending  towns  are  hy  a  particular  act 
made  competent  witnesses  ;  and  as  there  are  so  frequently 
contracts,  trusts  and  other  transactions,  which  are  un- 
known to  all  excepting  the  members  of  the  town  where 
they  exist ;  I  am  inclined  to  think  that,  there  would  be  no 
evil  in  making  the  inhabitants  competent  witnesses  in  all 
cases  where  they  have  no  special  or  particular  interest. 

Gentlemen  of  the  Senate  &   Gentlemen  of  the  House  of 
Representatives^ 

The  encouragement  of  Agriculture  is  of  great  conse- 
quence  :  We  have  yet  a  great  extent  of  valuable  land  un- 
improved ;  and  it  would  be  good  policy  to  encourage  the 
migration  of  foreigners  by  every,  reasonable  measure. 

Perhaps  some  of  the  laws  formerly  made,  &  now  in 
force,  for  the  regulation  of  admitting  strangers  may  need 
a  revision. 

The  encouraofement  of  manufactures  is  of  the  next  im- 
portance.  The  Cotton  Manufactory  at  Beverly,  has  re- 
ceived aid  from  the  Government;  but  it  is  to  be  feared 
that,  it  will  not  fully  answer  the  public  expectation.  The 
Duck  Manufactory  has  succeeded  so  well  that,  it  may 
probably  be  able  to  support  itself  without  the  continuance 
of  the  bounty  stipulated  by  the  Government.  I  mention 
this  the  more  readily  at  this  time,  because  there  has  been, 
and  now  is,  continued  in  Boston,  a  laudable  attempt  to 
establish  a  Glass  Manufactory,  which  may  look  to  the 
Government  for  aid  and  encouragement.  Glass  is  a  great 
article  in  the  Country,  and  the  preparation  for  making  it, 
is  attended  with  peculiar  expences.  The  Resolve  for 
granting  a  bounty  on  Hemp  will  soon  expire  ;  you  will 
therefore  consider  of  the  expediency  of  continuing  it  for  a 
longer  space  of  time. 

Gentlemen, 

I  wish  to  call  your  attention  to  the  ideas  which  I  have 
heretofore  suggested,  respecting  the  providing  funds  for 
our  public  debt.  The  Creditors  are  patiently  waiting, 
and  suffering  under  expectations  for  relief  from  two  Gov- 
ernments ;  but  that  of  this  Commonwealth  is  the  only  one 
upon  which  they  have  a  direct  demand. 

I  also  wish  to  remind  you  of  the  sentiments  I  delivered 
at  the  last  session  respecting  the  Commonwealth's  becom- 


696  1792.  —  Governor's  Messages,  Etc. 

ing  interested  in  the  Union  Bank  ;  and  to  the  other  mat- 
ters suggested  at  the  same  time,  upon  which  subjects  I 
shall  address  you  in  seperate  messages,  during  the  pres- 
ent session. 

I  shall  do  all  within  my  power  to  render  the  session 
useful  to  our  Constituents,  and  agreeable  to  you. 

The  Secretary  will  lay  before  you  the  acts  of  Congress, 
so  far  as  I  have  received  them  since  your  last  session. 

JOHN  HANCOCK. 

Boston,  January  30th,  1793. 

[January  Session,  1792.*] 

Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of 
Representatives , 

Agreeable  to  my  directions,  the  Treasurer  has  laid  be- 
fore me  a  statement  of  the  Treasury  to  this  period  which 
will  give  you  a  general  view  of  the  existing  demands 
against  the  Commonwealth,  and  the  resources  for  the  pay- 
ment of  those  demands.  You  will  perceive  no  notice  has 
been  taken  of  the  new  emission  money  either  in  this,  or 
in  his  former  statements ;  and  the  Treasurer  is  at  a  loss 
to  determine  in  what  light  that  money  is  to  be  considered  ; 
whether  as  a  del>t  due  from  the  Conmion wealth  or  from 
the  United  States  :  I  am  informed  that  the  subject  has 
been  refered  to  the  Secretary  of  the  Treasury  by  the 
House  of  Representatives  of  the  United  States,  but  I  can- 
not learn  that  any  report  has  been  made  —  on  a  partial 
examination  of  the  amount  issued  and  redeemed  of  this 
money  the  Treasurer  has  made  ;  I  find  that  there  is  now 
outstanding  of  the  new  emission  bills  issued  by  this  Com- 
monwealth two  hundred  and  fifty  thousand  dollars,  exclu- 
sive of  interest;  for  this  sum  no  provision  is  made  by 
Government,  except  what  is  due  on  the  new  emission  tax. 

You  will  perceive  that  there  is  now  outstanding  debts, 
upwards  of  five  thousand  pounds  of  clue  bills  and  orders 
that  are  receivable  on  the  loan  created  by  a  Resolution 
of  the  Legislature  of  February  23d  1891,  if  you  should 
think  proper  to  close  that  loan  and  direct  the  Treasurer  to 
make  payment  in  specie  for  the  due  bills  &c.  now  out- 
standing ;  and  also  to  discharge  the  remaining  third  of 
the  notes  given,  pursuant   to  the  Resolve    of  February 

*  Not  printed  in  previous  editions. 


1792.  —  Governor's  Messages,  Etc.  697 

1791  a  saving  will  probably  be  made  to  this  Common- 
wealth of  more  than  five  thousand  dollars. 

That  you  may  form  an  opinion  of  the  ability  of  Gov- 
ernment to  make  the  payments  mentioned,  you  have  here- 
with for  your  perusal,  a  Letter  from  Robert  Morris  esq. 
by  which  you  will  see,  that  there  will  soon  be  i)aid  into 
the  Treasury  more  than  one  hundred  thousand  dollars,  on 
account  of  what  is  due  for  the  western  lands.  By  a  Res- 
olution passed  July  8th  178fi  the  Treasurer  was  directed 
to  continue  consolidating  public  securities  for  one  year 
from  the  date  of  that  Resolve,  the  business  of  consolidat- 
ing public  securities  appears  not  to  be  compleated,  and 
several  applications  have  been  made  to  him  on  the  sub- 
ject ;  but  the  time  fixed  by  the  Resolution  having  expired, 
he  does  not  consider  himself  authorized  to  proceed.  This 
circumstance  I  have  mentioned,  in  order  that  you  may 
determine  what  measures  are  necessary  to  bring  the  con- 
solidating business  to  a  close. 

Messrs.  Edward  Payne  and  son  are  charged  on  ^the 
Books  of  the  late  Treasurer,  with  four  thousand  seven  hun- 
dred &  sixty  four  pounds  four  shillings  &  eight  pence, 
being  so  much  received  by  that  company  on  the  loan  to 
Government,  commonly  called  the  Forty  thousand  pounds 
loan  ;  and  it  appears  by  an  account  in  the  possession  of 
the  Treasurer  that  Messrs.  Payne  &  son  paid  the  greater 
part  of  that  money  to  the  Commissary  and  Quarter  Master 
Generals ;  but  the  account  remains  unsettled  owing  to  a 
charge  made  by  them  Gentlemen  of  two  and  a  half  pr.  cent 
as  a  Commission  for  doing  the  business.  It  is  desirable 
that  the  account  should  be  closed,  not  only  as  it  respects 
the  [the]  account  between  Messrs.  Payne  &  son,  and 
the  Commonwealth,  but  also  as  it  respects  the  account 
of  the  Quarter  Master  General ;  but  as  no  person  can 
make  the  settlement  unless  authorized  by  the  Legislature 
I  would  recommend  the  appointment  of  some  person  to 
compleat  that  settlement.  The  Treasurer  informs  me  that, 
very  little  alteration  has  taken  place  in  the  amount  of  the 
consolidated  debt  of  this  Commonwealth,  or  the  funded 
debt  of  the  United  States  standing  in  the  name  of  this 
Commonwealth  in  the  Books  of  the  Commissioner  of 
loans  in  this  State,  since  he  made  a  statement  thereof,  and 
which  he  presented  to  the  Legislature  during  their  ses- 
sions at  Concord,  &  has  in  consequence  omitted  them,  in 
the  state  of  the  Treasury. 


698  1792.  —  Governor's  Messages,  Etc. 

The  Treasurer  addressed  a  letter  to  me,  dated  the  25th 
October  last  respecting  the  laws  for  the  collection  of 
taxes ;  a  copy  of  that  letter,  as  also  a  statement  of  the 
Treasury,  I  have  directed  the  Secretary  to  lay  l)efore  you 
for  your  consideration. 

JOHN  HANCOCK. 

Council  Chamber,  Feby   2d,  1793. 


[January  Session,  1792.*] 

Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of 
Representatives, 

1  would  submit  to  your  consideration  a  revision  of  the 
Laws  respecting  the  Militia  of  this  Commonwealth. 

By  turning  your  attention  to  this  important  object  per- 
haps you  may  discover  such  defects  as  will  be  expedient 
to  remedy  —  If  the  Legislature  should  be  of  that  opinion 
and  should  appoint  a  Committee  for  this  purpose,  I  will 
direct  the  Adjutant  General  to  attend  the  Committee 
and  to  lay  before  them  such  information  as  he  may  be 
possessed  of  on  that  subject. 

JOHN  HANCOCK. 

Council  Chamber,  Boston,  Feby.  5th,  1793. 


[January  Bession,  1792.*] 

Gentlemen  of  the  Senate  c§  Gentlemen  of  the  House  of 
Representatives, 

I  think  it  my  duty  to  inform  you,  that  the  Honorable 
David  Cobb,  Peleg  CoflSn,  Samuel  Dexter,  Artemas  Ward, 
Theodore  Sedswick  Benja.  Goodhue,  Fisher  Ames,  Sher- 
jashub  Bourne,  &  George  Thatcher  Esquires,  are  elected 
Members  of  Congress,  for  two  years,  beginning  on  the 
fourth  day  of  March  instant,  and  that  Commissions  under 
the  Seal  of  the  Commonwealth  have  been  duly  issued  to 
them  severally,  to  empower  them  to  act  in  that  Office. 

JOHN  HANCOCK. 

Council  Chamber,  March  8th,  1793. 

*  Not  printed  in  previous  editions. 


SPEECHES  AND   MESSAGES, 

1793. 


[September  SeBsion,  1793.*] 

Wednesday,  September  18. 

On  the  first  day  of  the  Session,  (convened  by  Procla- 
mation) Sept.  18,  the  two  Houses  having  assembled  in 
the  Representative's  Chamber,  for  the  purpose.  His  Ex- 
cellency was  brought  in,  (being  unable  to  walk),  and 
addressed  them  as  follows  : 

Mr.  President  and  Gentlemen  of  the  Senate,  Mr.  Sjwaker 
and  Gentlemen  of  the  House  of  Representatives, 

The  Proclamation  by  which  the  General  Court  is  con- 
vened, contains  a  copy  of  a  civil  precept.  The  service  of 
which,  on  me,  and  on  the  Attorney  General,  was  the 
principal  reason  of  my  exercising  this  part  of  that  au- 
thority devolved  on  me  by  the  Constitution. 

The  suit  commenced  by  William  Vassall,  if  the  com- 
monwealth is  held  to  answer  thereon,  must  be  decided  on 
principles  very  interesting  to  its  welfare  as  a  state. 

I  cannot  conceive  that  the  people  of  this  commonwealth, 
when  they,  by  their  representatives  in  convention,  adopted 
the  constitution  of  a  general  Government,  expected  that 
each  state,  should  be  held  liable  to  answer  on  compulsory 
civil  process,  to  every  Individual  resident  in  another  state, 
or  in  a  foreign  Kinodom.  Three  Judo^es  of  the  United 
States  of  America,  having  solemnly  given  it  as  then- 
opinion  that  the  several  states  are  thus  liable.  The  ques- 
tion then  has  become  highly  important  to  the  people. 

*  The  following  note  was  prefixed  to  this  speech  in  the  pamphlet  edition  :  — 
"The  following  Speech  of  His  Excellency  the  late  Governor,  should  have  been 
inserted  at  the  beginning  of  the  Session,  but  by  mistake  it  was  omitted ;  it  is  here 
inserted,  and  will  be  had  in  remembrance,  as  the  last  public  Speech  of  John 
Hancock." 


700  1793.  —  Governor's  Messages,  Etc. 

I  did  not  find  myself  authorized,  in  virtue  of  my  oiEce, 
as  Governor  of  the  Commonwealth  to  appear  either  by 
myself,  or  by  my  substitute  in  any  court  of  Justice,  either 
to  deny  the  authority  of  the  Court  over  this  Government, 
or  to  submit  to  its  Jurisdiction,  in  a  point,  which  I  can- 
not, at  present  consider  as  settled :  Nor  did  I  conceive, 
that  any  other  person  could  have  that  authority  without  a 
special  appointment  by  the  Legislature,  for  that  purpose. 

The  service  of  this  process  being  laid  before  the  Coun- 
cil, they  advised  me  to  call  the  two  Houses  into  Session. 
My  opinion  accorded  with  their  advice,  for  several  rea- 
sons ;  some  of  which  are  too  obvious  to  need  repeating : 
Others  I  will  suggest  to  you. 

The  demand  of  William  Vassall,  if  I  am  not  mistaken 
in  his  design,  and  in  the  tendency  of  the  process,  will  in- 
volve, and  conclude  a  question,  of  legality  on  the  mode 
of  confiscating  the  personal  estate  of  that  class  of  people, 
who  in  our  Laws  are  denominated  Absentees.  It  is  there- 
fore necessary,  that  effectual  measures  should  be  speedily 
adopted,  to  prevent  a  determination  which  may  so  greatly 
injure  the  interest,  and  so  disagreeably  affect  the  feelings, 
of  the  citizens  of  this  commonwealth. 

Should  you.  Gentlemen,  be  of  opinion  that  by  the  con- 
stitution of  the  United  States,  the  commonwealth  may  be 
compelled  to  answer  on  this  process,  you  will  make  such 
provision  for  defending  against  the  suit,  as  shall  appear 
to  you  to  be  proper  and  expedient. 

Should  you  consider  the  Commonwealth  not  to  be  thus 
liable,  your  deliberations  will  be  such,  as  will  tend  to 
procure  to  the  constitution  under  which  this  authority  is 
claimed,  a  more  favourable  and  a  more  unexceptionable 
construction.  But  it  may  happen  that  your  investigations 
may  lead  you  to  conclude,  that  the  construction  given  to 
the  Judiciary  power  of  the  United  States,  by  three  of  the 
Judges,  is  right,  according  to  the  letter  of  the  constitu- 
tion, and  yet,  that  it  will  tend  to  the  promotion  of  peace 
and  harmony  in  the  Union,  and  to  the  preservation  of  our 
federal  Government,  so  happily  established,  to  procure 
such  alteration  in  the  Judiciary  Article,  as  may  secure  the 
states  severally  in  the  enjoyment  of  that  share  of  sover- 
eignty, which  it  was  intended  they  should  retain  and  pos- 
sess. In  this  last  case  you  will  direct  your  measures  to 
that  point. 

From  these  considerations,  I  considered  it  as  absolutely 


1793.  —  Governor's  Messages,  Etc.  701 

necessary,  that  you  should  be  in  session  at  an  earlier  day, 
than  that  to  which  the  General  Court  stood  adjourned. 
Your  deliberations  on  this  subject  will  take  some  time  & 
tho'  Congress  will  meet  on  the  first  Monday  in  December 
yet  their  session  may  be  short. 

You  could  not  therefore  after  the  last  Wednesday  in 
January,  have  time  to  do  what  will  be  necessary.  The 
Court  too  where  this  suit  is  pending  will  be  in  session 
early  in  February,  and  the  result  of  the  business  will  be 
then  expected. 

I  avoid  giving  an  opinion  either  on  the  question,  whether 
the  commonwealth  is  liable  to  be  sued  or  whether  if  it  is 
so  circumstanced,  an  attempt  to  procure  an  alteration  is 
eligible.  Yet  I  consider  it  to  be  of  the  last  importance 
to  the  happiness  and  interest  of  the  United  States,  as  well 
in  their  united  as  in  their  separate  capacity,  to  have  this 
point,  properly,  satisfactorily  and  finally  settled.  It  is 
true,  that  States,  Kingdoms  &  Empires  ought  to  do 
Justice,  but  it  is  as  true,  that  there  are  certain  inherent 
principles  in  the  constitution  of  each,  which  can  never  be 
surrendered,  without  essentially  changing  the  nature  or 
perhaps  destroying  the  existence  of  the  Government. 

I  believe,  that  the  Commonwealth  of  Massachusetts, 
from  the  generosity,  and  good  feelings  of  its  citizens,  will 
be  always  ready,  as  far  as  the  people's  ability  shall  admit 
of,  to  do  justice  to  all  men  :  Yet  in  order  to  preserve  the 
peace  &  safety  of  the  union,  and  to  establish  in  the  bosom 
of  other  nations,  a  confidence  in  the  rectitude  of  this,  it 
is  very  proper  that  there  should  be  a  tribunal  of  Justice, 
independent  of  the  particular  states,  which  may  be  resorted 
to  in  certain  cases.  This  was  intended  to  be  provided 
for  by  the  federal  constitution  :  but  whether  the  present 
case  is  properly  before  that  tribunal,  according  to  that 
constitution,  or  whether  the  process  under  consideration,  is 
within  the  intendment  of  that  provision,  you  will  consider. 

Whether  the  provision  in  the  Federal  Constitution 
for  the  extension  of  the  Judiciary  power  to  states,  is 
intended  to  be  exercised  in  matters  of  civil  contract,  or  in 
other  matters  which  took  place  before  the  Government 
was  formed ;  or  whether  it  is  intended,  only  to  give  a 
remedy  for  such  injuries,  as  may  take  place  by  force,  and 
may  therefore  have  a  tendency  to  destroy  the  peace  of 
the  union,  or  to  involve  the  nation  in  a  war  with  a  foreign 
power  is  of  consequence  enough  to  demand  a  considera- 


702  1793.  —  Governor's  Messages,  Etc. 

tion.  If  the  Judiciary  power  of  the  Union  is  to  be  exer- 
cised on  questions  of  civil  contracts  made  by  a  state,  the 
decision  must  be  had,  either  on  the  Laws  of  the  State 
against  which  the  demand  is  made,  or  on  those  of  the 
state  or  kingdom,  to  which  the  demandant  belongs,  or  on 
the  Laws  of  the  L^nited  States  :  The  absurdity  of  the  two 
first  need  not  be  pointed  out,  but  the  other  would  render 
the  legislative  authority  of  Congress  over  the  particular 
states,  as  mere  corporations,  commensurate  to  the  claim 
of  the  Judiciary  power. 

Where  the  demand  shall  be  for  a  recompense  of  dam- 
ages, resulting  from  an  injury  ;  there  the  Law  of  Nations, 
the  Constitution  of  the  United  States,  &  existing  treaties 
will  govern  the  decision.  And  even  in  that  case,  it  will 
be  a  question,  whether  it  is  intended  that  each  state,  shall 
be  liable  on  civil  process,  to  be  drawn  to  the  Seat  of  the 
Federal  Government,  and  there  tried  by  a  Jury  of  the 
Vicinage  in  the  same  manner  as  a  Corporation  would  be 
treated. 

Congress,  no  doubt,  should  you  instruct  your  Senators 
on  the  subject,  will  take  time  to  consider  these  questions 
in  proportion  to  the  important  light  they  may  appear  in. 

The  Legislature  of  the  Union  has  never  yet  contem- 
plated this  subject :  for  in  the  establishment  of  the  Judi- 
ciary System  it  is  entirely  neglected :  No  mention  is  made 
in  the  Acts  of  Congress  of  the  suability  of  a  State,  nor 
is  there  any  process  against  a  state,  provided  for  in  the 
Laws  of  the  United  States. 

Gentlemen  of  the  Senate,  &  Gentlemen  of  the  House  of 
Representatives , 

When  the  Government  of  the  United  States  was  pro- 
posed to  the  People's  consideration  I  then  was,  &  yet  am, 
deeply  impressed  with  the  necessity  "  of  a  more  perfect 
union  of  the  states"  than  at  that  time  existed,  &  there- 
fore exerted  the  share  of  influence  which  1  possessed  in 
favour  of  its  being  adopted,  I  then  considered  it  as 
being  by  no  means  explicit  in  the  description  of  the  pow- 
ers intended  to  be  delegated  ;  but  trusted  that  the  wisdom 
of  the  people  would  very  soon  render  every  part  of  it 
definite  &  certain.  The  idea,  that  it  is  dangerous  to  ex- 
amine systems  of  Government,  and  to  compare  the  efiects 
produced  by  their  administration,  with  the  principles  on 


1793.  —  Governor's  Messages,  Etc.  703 


which  they  were  raised,  is  inadmissible  among  a  free 
people.  If  the  people  are  capable  of  practicing  on  a  free 
Government,  they  are  able,  without  disorders  or  convul- 
sions to  examine,  alter  and  amend  the  systems  which  they 
have  ordained.  And  it  is  of  great  consequence  to  the 
freedom  of  a  nation  to  review  its  civil  constitution,  and  to 
compare  the  practice  under  it,  with  the  principles  upon 
which  it  depends.  The  tendency  of  every  measure  and 
the  effect  of  every  precedent  ought  to  be  scrupulously 
attended  to,  and  critically  examined.  This  is  the  business 
of  the  representatives  of  the  people,  and  can  never  be  by 
them  confided  to  any  other  persons. 

The  great  object  presented  to  us  by  our  political  situa- 
tion, is  the  support  of  the  general  Government,  the  giv- 
ing force  &  efficacy  to  its  functions,  without  destroying 
the  powers,  which  the  people  intended  to  vest  and  to 
reserve  in  the  State  Governments. 

A  Consolidation  of  all  the  States  into  one  Government 
would  at  once  endanger  the  nation  as  a  republic,  &  eventu- 
ally divide  the  states  united  or  eradicate  the  principles 
which  we  have  contended  for. 

It  is  much  less  hazardous  to  prevent  the  establishment 
of  a  dangerous  precedent  than  to  attempt  an  abolition  of 
it  after  it  has  obtained  a  place  in  a  civil  institution. 

Your  fellow-citizens  anxiously  wait  the  event  of  your 
deliberations  on  the  important  business  before  you  :  And 
I,  as  one  of  them,  rest  satisfied,  that  the  result  will  be 
such,  as  will  establish  the  rights  of  the  commonwealth, 
and  give  support  &  efficacy  to  the  General  Government. 
In  this  view  and  in  every  other,  in  which  the  peace,  lib- 
erty, and  safety  of  our  fellow-citizens,  not  only  of  this 
state  but  of  the  United  States  are  concerned,  rest  assured 
Gentlemen  that  no  effort  nor  zeal  on  my  part  shall  be 
wanting.  I  shall  therefore  only  add,  I  will  do  every 
thing  in  my  power  to  expedite  the  business  of  the  session 
and  to  render  it  as  little  expensive  to  our  Constituents, 
as  exigencies  will  admit. 

JOHN  HANCOCK.* 

Council  Chamber,  Boston,  September  18th,  1793. 

*  Signature  missing,  but  the  following  note  appears :  "  The  name  of  '  John 
Hancock'  was  cut  from  the  above  speech  by  me.  Chas.  Calhoun,  Clerk  of 
Senate.    June  10,  1836." 


704  1793.  —  Governor's  Messages,  Etc. 


[September  Segsion,  1793.] 

Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of 
Representatives, 

In  pursuance  of  information  I  received  from  the  Select- 
men of  the  town  of  Boston,  that  an  infectious  destemper 
was  prevalent  in  the  city  of  Philadelphia  which  proved 
very  mortal.  In  consequence  of  which  I  gave  orders  to 
the  Commanding  officer  at  the  Castle  to  stop  all  vessels  at 
the  Castle  coming  from  Philadelphia  &,  there  to  detain 
them  untill  the  Selectmen  shall  examine  into  the  state  and 
circumstances  of  said  vessels,  giving  them  the  earliest 
notice,  and  to  follow  such  orders,  as  he  might  receive 
from  them  consistent  with  the  laws  made  for  the  prevent- 
ing of  infectious  disorders  in  the  town  of  Boston  &  from 
the  latest  inteligence  from  Philadelphia  it  appears  that  the 
disorder  rages  with  still  greater  violence. 

I  would  therefore  submit  to  the  consideration  of  the 
General  Court,  whether  they  will  think  it  expedient  to 
take  measures  to  prevent  the  disorder  being  communi- 
cated by  land,  or  by  letters  at  the  post  office,  or  any 
other  or  further  measures,  as  they  may  judge  prudent. 

JOHN   HANCOCK. 

Council  Chamber,  Sept.  19th,  1793. 

[September  Session,  1793.*] 

Gentlemen  of  the  House  of  Representatives. 

A  Resolution  passed  the  two  branches  of  the  Legislat- 
ure March  19th  last,  on  the  memorial  of  John  Lucas  in 
favor  of  Thomas  Bowling  &  others,  which  I  find  origi- 
nated in  the  House,  — had  the  time  admitted  of  it,  I  should 
have  submitted  my  objections  to  their  consideration,  be- 
ing fully  confident  that  had  they  known  the  circumstances 
of  some  of  those  mentioned  in  said  resolution,  they  would 
have  reconsidered  the  grant  made  to  them  —  Some  of 
those  persons  I  refer  to,  are  in  the  Almshouse  of  Boston, 
and  have  been  there  several  years  at  the  expence  of  the 
Commonwealth.  I  thought  it  my  duty  to  acquaint  some 
Gentlemen  with  my  objections  to  the  signing  said  Re- 
solve—  in  hopes  that  the  House  would  have  moved  the 
same  to  be  laid  upon  the  table  for  their  consideration,  but 

*  Not  printed  in  previous  editions. 


1793.  —  Governor's  Messages,  Etc.  705 

I  suppose  it  was  so  near  the  close  of  the  session  it  was 
omitted. 

The  case  of  Thomas  Bowling  I  think  is  truly  pitiable, 
and  should  be  "lad  to  relieve  him,  if  ao:reeable  to  the 
House,  in  any  way  they  shall  think  proper. 

JOHN   HANCOCK. 

Council  Chamber,  Sept.  24th,  1793. 

[September  Session,  1793.*] 

Gentlemen  of  the  Senate,  and  Gentlemen  of  the  House  of 
Representatives, 

The  Commanding  Officer  at  the  Castle  has  represented 
to  me  that  the  state  of  the  garrison  is  very  much  weakened 
by  sickness  and  desertion.  Yesterday  five  of  the  Soldiers 
deserted  after  they  had  received  their  quarter's  pay ;  & 
the  garrison  was  nine  short  of  the  full  compliment  before 
this  circumstance  took  place.  That  he  is  obliged  to  put 
the  Bargemen  on  duty  which  highly  disaffects  them.  It 
appears  that  the  uneasiness  of  the  soldiers  of  the  garrison 
arises  from  the  lowness  of  their  pay,  and  they  are  so 
inclined  to  desert  that  the  officer  commanding  there  dares 
not  trust  them  to  leave  the  Garrison  for  any  purpose  ;  so 
that  unless  measures  are  taken  to  quiet  their  minds,  the 
Convicts  will  soon  be  destitute  of  a  guard,  which  will  be 
attended  with  disagreeable  circumstances.  I  therefore 
would  submit  the  s[<]ate  of  the  garrison  and  Convicts 
to  the  consideration  of  the  two  [two]  branches  of  the 
Legislature  to  adopt  such  measures  as  they  shall  think 
necessary. 

JOHN  HANCOCK. 

Boston,  Sept.  27th,  1793. 

[September  Session,  1793.t] 

Address  of  the  two  branches  of  the  Legislature  in 
answer  to  the  Governor's  Speech  of  Sept.   18,  1793. 

To  His  Excellency  John  Hancock  Esqr.    Governor  of  the 
Commonwealth  of  Massachusetts. 

May  it  please  your  Excellency, 
The  Resolution  adopted  upon  the  subject  on  which  the 
Legislature  has  been  convened,  will  convince  your  Excel- 

*  Not  printed  in  previous  editions. 

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


706  1793.  —  Governor's  Messages,  Etc. 

lency  how  justly  we  appreciate  the  vigilance  and  propriety 
of  your  conduct  on  this  interesting  occasion. 

With  respect  to  the  suit  of  William  Vassall  against  the 
Commonwealth  no  answer  will  be  made ;  but  at  the  same 
time,  it  may  not  be  improper  to  observe,  that  if  he  shall 
exhibit  to  the  Legislature,  an  equitable  claim  against  the 
Commonwealth,  in  the  manner  heretofore  practiced,  justice 
will  be  extended  to  him,  in  common  with  all  others. 

The  Legislature  need  only  add,  Sir,  that  they  earnestly 
wish  for  the  happy  recovery  and  re-establishment  of  your 
Excellency's    health,    as   a  relief  and    comfort   to  your 
friends,  and  a  blessing  to  your  Country. 

September  28,1793. 


[January  Session,  1793.] 

Friday,  January  17,  1794. 

At  twelve  o'clock  this  day,  agreeably  to  previous  ap- 
pointment, his  Honour  the  Lieutenant-Governor  came 
to  the  House  of  Kepresentatives,  and  the  Senate  being 
convened,  before  the  two  Branches,  he  pronounced,  ad 
memoritor,  the  following  speech  : 

Fellow  Citizens,  the  two  branches  of  the  Legislature, 

It  having  pleased  the  Supreme  Being  since  your  last 
meeting  in  his  holy  Providence  to  remove  from  this 
transitory  life  our  late  excellent  Governor  Hancock,  the 
multitude  of  his  surviving  fellow  citizens,  who  have  often 
give  strong  testimonials  of  their  approbation  of  his  im- 
portant services,  while  they  drop  a  tear,  may  certainly 
profit  by  the  recollection  of  his  virtuous  &  patriotic 
example. 

You  are  sensible,  that  on  this  melancholly  event,  our 
Constitution  directs  that  the  Lieutenant  Governor  for  the 
time  being,  shall  perform  all  the  duties  which  were  incum- 
bent upon  him,  &  exercise  all  the  powers  &  authorities,  dur- 
ing the  vacancy  of  the  Chair,  which  by  the  Constitution 
he  was  vested  with  when  personally  present.  Diffident  as 
I  am  of  my  abilities,  I  have  yet  felt  myself  constrained, 
to  undertake  the  performance  of  those  duties  &  the  exer- 
cise of  those  powers  &  authorities,  in  consequence  of  a 
Sovereign  act  of  God.  — To  him  I  look  for  that  wisdom 
which  is  profitable  to  direct.     The  Constitution  must  be 


1793.  —  Governor's  Messages,  Etc.  707 

my  rule,  &  the  true  interest  of  my  Constituents,  whose 
Agent  I  am,  my  invariable  object. 

The  People  of  this  Commonwealth  have  heretofore  been 
possessed  of  the  entire  sovereignty  within  &  over  their 
own  territories.  They  were  not  controulable  by  any  other 
laws,  than  those  to  which  their  constituted  representative 
body  gave  their  consent.  This  I  presume  was  the  case  in 
every  other  State  in  the  Union.  But,  after  the  Memo- 
rable declaration  of  their  Independence  was  by  solemn 
treaty  agreed  to  &  ratified  by  the  British  King,  the  only 
power  that  could  have  any  pretence  to  dispute  it,  they 
considered  themselves  dicidedly  free  &  independent  of  all 
other  people.  Having  taken  rank  among  Nations,  it  was 
judged  that  their  great  afiairs  could  not  well  be  conducted 
under  the  direction  of  a  number  of  distinct  Sovereignties. 
—  They  therefore  formed  &  adopted  a  Federal  Constitu- 
tion ;  by  which  certain  powers  of  Sovereignty  are  dele- 
gated &  entrusted  to  such  persons  as  they  shall  judge 
proper  from  time  to  time  to  elect,  —  to  be  exercised,  con- 
formably to  &  within  the  restrictions  of  the  said  Consti- 
tution, for  the  purposes  of  strengthening  &  confirming 
the  Union,  &  promoting  the  safety  &  happiness  of  the 
confederate  Commonwealth.  All  powers  not  vested  in 
Congress,  remain  in  the  seperate  States  to  be  exercised 
according  to  their  respective  Constitutions.  —  Should  not 
unremitting  caution  be  used,  least  any  degree  of  interfer- 
ence or  infringement  might  take  place,  either  on  the  rights 
of  the  Federal  Government  on  the  one  side,  or  those  of 
the  several  States  on  the  other.  Instances  of  this  kind 
may  happen,  for  infallibility  is  not  the  lot  of  any  man  or 
body  of  men,  even  the  best  of  them  on  Earth.  The  hu- 
man mind  in  its  present  state  being  very  imperfect,  is 
liable  to  a  multitude  of  errors.  Prejudice,  that  great 
source  of  error,  often  creeps  in  &  takes  possession  of  the 
hearts  of  honest  men,  without  even  their  perceiving  it 
themselves.  Honest  men  will  not  feel  themselves  dis- 
gusted when  mistakes  are  pointed  out  to  them,  with 
decency,  candor,  &  friendship,  nor  will  they,  when  con- 
vinced of  truth,  think  their  own  dignity  degraded  by  cor- 
recting their  own  errors. 

Among  the  objects  of  the  Constitution  of  this  Com- 
monwealth, Liberty  &  Equality  stand  in  a  conspicuous 
light — It  is  the  first  article  in  our  declaration  of  rights, 
"all  men  are  born  free  &  equal,  &  have  certam  natural, 


708  1793.  —  Governor's  Messages,  Etc. 

essential  &  unalienable  rights."  — In  the  supposed  state  of 
nature,  all  men  are  equally  bound  by  the  laws  of  nature, 
or  to  speak  more  properly,  the  laws  of  the  Creator : 
They  are  imprinted  by  the  finger  of  God  on  the  heart  of 
man.  Thou  shalt  do  no  injury  to  thy  neighbor,  is  the 
voice  of  nature  &  reason,  &  it  is  confirmed  by  written 
revelation.  In  the  State  of  nature  every  man  hath  an 
equal  right  by  honest  means  to  acquire  property  &  to 
enjoy  it ;  in  general,  to  pursue  his  own  happiness  &  none 
can  consistently  controul  or  interrupt  him  in  the  pursuit. 
But,  so  turbulent  are  the  passions  of  some,  &  so  selfish 
are  the  feelings  of  others,  that  in  such  a  state,  there  being 
no  social  compact,  the  weak  cannot  alwaj^s  be  protected 
from  the  violence  of  the  strong,  nor  the  honest  and  unsus- 
pecting from  the  arts  &  intrigues  of  the  selfish  &  cunning 
—  Hence  it  is  easy  to  conceive  that  men,  naturally  formed 
for  society,  were  inclined  to  enter  into  mutual  compact 
for  the  better  security  of  their  natural  rights.  In  this 
state  of  Society,  the  unalienable  rights  of  nature  are  held 
sacred :  And  each  member  is  intitled  to  an  equal  share 
of  all  the  social  rights  —  No  man  can  of  right  become 
possessed  of  a  greater  share  :  If  any  one  usurps  it,  he  so 
far  becomes  a  tyrant ;  &  when  he  can  obtain  suflBcient 
strength,  the  })eople  will  feel  the  rod  of  a  tyrant.  Or,  if 
this  exclusive  privilege  can  be  supposed  to  be  held  in 
virtue  of  compact,  it  argues  a  very  capital  defect ;  &  the 
people,  when  more  enlightened  will  alter  their  compact, 
&  extinguish  the  very  idea. 

These  opinions,  I  conceive  to  be  conformable  to  the 
sentiments  held  up  in  our  State  Constitution.  It  is  therein 
declared,  that  Government  is  instituted  for  the  common 
good ;  not  for  the  profit,  honor,  or  private  interest  of  any 
one  man,  family  or  class  of  men.  And  further,  all  the 
inhabitants  of  this  Commonwealth  having  such  qualifica- 
tions, as  shall  be  established  by  their  Constitution,  have 
an  equal  right  to  elect  or  be  elected  for  public  employ- 
ments. 

Before  the  formation  of  this  Constitution  it  had  been 
affirmed  as  a  self  evident  truth,  in  the  declaration  of  inde- 
pendence, very  deliberately  made  by  the  Representatives 
of  the  United  States  of  America  in  Congress  assembled 
that  "all  men  are  created  equal,  and  are  endowed  by 
their  Creator  with  certain  unalienable  rights."  This  dec- 
laration  of  Independence  was  received   and  ratified  by  all 


1793.  —  Governor's  Messages,  Etc.  709 

the  States  in  the  Union  &  has  never  been  disannuled. 
May  we  not  from  hence  conclude,  that  the  doctrine  of 
Liberty  and  Equality  is  an  article  in  the  political  creed 
of  the  United  States. 

Our  Federal  Constitution  ordains  that  no  title  of  nobil- 
ity shall  be  granted  by  the  United  States.  The  framers 
of  that  Constitution  probably  foresaw,  that  such  titles, 
vain  &  insignificant  in  themselves  might  be  in  time,  as 
they  generally  and  I  believe  always  have  been,  introduc- 
tory to  the  absurd  and  unnatural  claim  of  hereditary  and 
exclusive  privilidges. 

The  Republic  of  France  have  also  adopted  the  same 
Principle  &  laid  it  as  the  foundation  of  their  Constitution. 
That  nation  having  for  many  ages  groaned  under  the  exer- 
cise of  the  pretended  right  claimed  by  their  Kings  and 
Nobles  until  their  very  feelings  as  men  were  become  tor- 
pid, at  length  suddenly  awoke  from  their  long  slumber, 
abolished  the  usurpation,  and  placed  every  man  upon  the 
footing  of  equal  rights.  All  men  are  born  free  and  e(]ual 
in  rights,  if  I  mistake  not  is  their  language. 

From  the  quotations  I  have  made,  I  think  it  appears, 
that  the  Constitutions  referred  to,  different  as  they  may 
be  in  forms,  agree  altogether  in  the  most  essential  prin- 
ciples upon  which  legitimate  Governments  are  founded ; 
I  have  said  essential  principles,  because  I  conceive  that 
without  Liberty  and  Equality,  there  cannot  exist  that  tran- 
quillity of  Mind  which  results  from  the  assurance  of  every 
citizen  that  his  own  personal  safety  and  rights  are  secured 
—  This  I  think,  is  a  Sentiment  of  the  celebrated  Montes- 
quieu, and  it  is  the  end  and  design  of  all  free  and  law- 
ful Governments.  Such  assurance,  empressed  upon  the 
heart  of  each,  would  lead  to  the  peace  order  and  happi- 
ness of  all.  For  I  should  think,  no  Man  in  the  exercise 
of  his  reason  would  be  inclined  in  any  instance,  to  trespass 
upon  the  equal  rights  of  Citizens,  knowing  that  if  he 
should  do  it  he  would  weaken  and  risque  the  security  of 
his  own.  Even  different  Nations,  having  grounded  their 
respective  Constitutions  upon  the  aforementioned  Princi- 
ples, will  shortly  feel  the  happy  effects  of  mutual  friend- 
ship, mutual  confidence  and  united  strength.  Indeed  I 
cannot  but  be  of  opinion  that  when  those  principles  shall 
be  rightly  understood  and  universally  established,  the 
whole  family  cS:  brotherhood  of  Man  will  then  nearly  ap- 
proach to,   if  not  fully  enjoy,   that  state  of  peace   and 


710  1793.  —  Governor's  Messages,  Etc. 

prosperity,  which  antient  Prophets  and  Sages  have  fore- 
told. 

I  fear  I  have  dwelt  too  long  upon  this  subject.  Another 
presents  itself  to  my  mind  which  I  think  is  indeed  great 
&  important ;  I  mean  the  Education  of  our  Children  and 
Youth,  perhaps  the  minds  even  of  Infants  may  receive 
impressions  good  or  bad,  at  an  earlier  period  than  many 
imagine.  It  has  been  observed  that  education  has  a 
greater  Influence  on  manners,  than  human  Laws  can  have. 
Human  laws  excite  fears  and  apprehensions  least  crimes 
committed  may  be  detected  and  punished  :  But  a  virtuous 
education  is  calculated  to  reach  and  influence  the  heart, 
and  to  prevent  crimes.  A  very  judicious  writer  has 
quoted  Plato,  who  in  shewing  what  care  for  the  security 
of  States  ought  to  be  taken  of  the  education  of  Youth 
speaks  of  it  as  almost  sufficient  to  supply  the  place  both 
of  Legislation  and  Administration.  Such  an  education 
which  leads  the  youth  beyond  mere  outside  shew,  will 
impress  their  minds  with  a  profound  reverence  of  the 
Deity,  universal  benevolence,  &  a  warm  attachment  & 
aftection  towards  their  Country.  It  will  excite  in  them  a 
just  regard  to  Divine  Revelation,  which  informs  them  of 
the  original  character  &  dignity  of  Man,  &  it  will  inspire 
them  with  a  sense  of  true  honor,  which  consists  in  con- 
forming as  much  as  possible,  their  principles,  habits  and 
manners  to  that  orio-inal  character.  It  will  enlaro;e  their 
powers  of  mind,  &  prompt  them  impartially  to  search 
for  truth  in  the  consideration  of  every  subject  that  may 
employ  their  thoughts  ;  &  among  other  branches  of  knowl- 
edge ;  it  will  instruct  them  in  the  skill  of  political  archi- 
tecture and  of  Jurisprudence,  and  qualify  them  to  discover 
any  error,  if  there  should  be  such,  in  the  forms  and  admin- 
istration of  Governments,  and  point  out  the  method  of 
correcting  them.  But  I  need  not  press  this  subject,  being 
persuaded,  that  this  Legislature  from  the  inclination  of 
their  minds,  as  well  as  in  regard  to  the  duty  enjoined  by 
the  Constitution,  will  cherish  "the  interest  of  Literature, 
the  Sciences  &  all  their  Seminaries." 

Felloio  Citizens  — 
Legislation  is  within  your  departments  yet  the  Consti- 
tution assigns  a  part  to  be  taken  by  the  Governor,  when 
Bills  and  Resolves,  intended  to  operate  as  Laws,  shall  be 
presented  to  him,  which  is,  merely  to  state  objections  if 


1793.  —  Governor's  Messages,  Etc.  711 

he  has  any,  of  which  the  Legislature  will  judge  and  finally 
determine.  Let  me  intreat  you  to  dispatch  the  weightier 
business  so  early  in  the  Session  as  to  aflbrd  me  opportu- 
nity to  perform  my  duty,  with  due  consideration  and 
care. 

I  have  communications  to  make,  such  as  the  state  of  the 
Treasury  —  of  the  military  stores  belonging  to  the  Com- 
monwealth, &  others  which  I  will  transmit  to  you  by  the 
Secretary. 

SAMUEL   ADAMS. 

Commonwealth  of  Massachusetts,  January  17th,  1794. 

[January  Session,  1798.*] 

Gentlemen  of  the  House  of  Representatives, 

1  have  considered  a  Bill  to  incorporate  Benjamen 
Greenleaf  Esqr.  and  others  for  the  purpose  of  establish- 
ing a  Woolen  Manufactory.  It  is  a  Bill  of  very  consid- 
erable importance  to  the  Interests  of  the  Commonwealth. 
There  is,  but  one  objection  to  it,  in  my  Mind,  which  is, 
that  there  is  no  limitation  of  annual  income  of  estates 
real  and  personal  to  be  held  by  the  corporation.  Such 
limitation  has  been  provided  in  all  acts  of  Incorporation, 
made  by  the  Legislature  of  this  Commonwealth,  which  I 
have  had  opportunity  to  observe,  particularly  the  act  for 
promoting  Agriculture.  It  appears  to  me  to  be  a  wise 
precaution. 

I  have  returned  to  you  the  Bill ;  you  will  please  to 
consider  my  only  objection  and  determine  as  in  your  own 
wisdom  shall  seem  meet. 

SAML.    ADAMS. 

Council  Chamber,  Boston,  Feby.  3d,  1794. 
*  Not  printed  in  previous  editions. 


INDEX. 


INDEX. 


A. 

Page 

Abbot,  Josiali,  relating  to 602 

Josiah,  to  show  cause     ........      586 

Samuel,  relating  to 95 

Abbott,  Jeremiah,  set  off  from  town  of  Ashburnham  and  annexed 

to  town  of  Ashby 47 

John,  set  off  from  town  of  Ashburnham  and  annexed  to 

town  of  Ashby 47 

Abel,  Abel,  resolve  on  petition  of 206 

Abel,  Indian,  relating  to 531,  601 

Abington,  town  of,  account  allowed  for  support  of  i30or       191,  332,  670 
to  show  cause  .  257 

Abott,  John,  trustee,  appointed 422 

Absentees'  estates,  John  Deming  directed  to  settle  with  committee 

for  the  sale  of,  in  county  of  Hampshire     ....       667 
relative  to  evidence  in  certain  cases  involving  confiscation 

of 630 

Academy,  Bristol,  established 44 

Fryeburg,  additional  lands  granted  to  trustees  of         .         .      304 
Fryeburg,  trustees  of,  authorized  to  buy  certain  real  estate      633 

Groton,  established 419 

Hallowell,  number  of  trustees  of,  to  constitute  a  quorum, 

established 68 

Leicester,  township  of  land  granted  to  trustees  of       .        .       176 

]\Iarblehead,  established 54 

Marblehead,  township  of  land  granted  to  trustees  of  .         .      228 

Plymouth,  established 90 

Portland,  established 510 

Westfield,  established .349 

Westford,  established 421 

Accounts,  committee  for  methodizing  public,  to  certify  balances 

due  certain  soldiers 263,  595 

to  certify  sums  due  Benjamin  Read 208 

Accounts,  committee  on,  allowance  to      .  168,  215,  306,  550,  587,  655 

authorized  to  allow  accounts  of  selectmen  of  town  of  Lenox      151 
directions  to,  relative  to  recording  accounts  .         .        .      150 

empowered  to  allow  account  of  Thomas  Hodgdon       .        .       206 


716 


Index. 


Accounts,  committee  on,  veijort  of,  roll  No.  23,  accepted 
report  of,  roll  No.  24,  accepted 
report  of,  roll  No.  25,  accejjted 
report  of,  roll  No.  26,  accepted 
report  of,  I'oll  No.  27,  accej^ted 
report  of,  roll  No.  28,  accepted 
report  of,  roll  No.  29,  accepted 
to  examine  account  of  Baily  Bartlett 
to  examine  account  of  Hopestill  Capen 
to  examine  account  of  John  Cooper 
to  examine  account  of  James  Foster 
to  examine  account  of  Joseph  Henderson 
to  examine  accounts  of  Josiah  Caiter  and  others 
to  examine  accounts  of  ovei'seers  of  the  poor  in  town  of 

Bridgewater 

to  examine  accounts  of  Aaron  Putnam 
to  examine  accounts  of  Joseph  Russell 
to  examine  accounts  of  selectmen  of  town  of  West  Sjiring 

field  for  supjjort  of  poor     ...... 

to  examine  accomits  of  town  of  Danvers 

to  examine  accounts  of  town  of  Reading  for  suppoi't  of 

poor 

to  examine  accounts  of  town  of   Stockbridge  for  support 

of  poor        .... 
to  examine  accounts  of  town  of  Worcester  for  support  of 

poor 

to  examine  accounts  of  town  of  York  for  support  of  poor 
to  pass  on  accounts  of  town  of  Lenox  for  support  of  poor 
to  re-examine  accounts  of  selectmen  of  town  of  Norton 
Accounts,  ti-easurer's,  for  county  of  Barnstable,  allowed 
for  county  of  Berkshire,  allowed  . 
for  county  of  Dukes  County,  allowed 
for  county  of  Essex,  allowed 
for  county  of  Hampshire,  allowed 
for  county  of  Lincoln,  allowed 
for  county  of  Middlesex,  allowed 
for  county  of  Plymouth,  allowed 
for  county  of  Washington,  allowed 
for  county  of  Worcester,  allowed 
for  county  of  York,  allowed 
Actions,  personal,  act  in  addition  to  act  for  limitation  of 

act  for  limitation  of,  suspended  in  certain  cases 
Acton,  town  of,  account  allowed  for  support  of  poor 
Adams,  town  of,  part  of,  incorporated  as  town  of  Chesl 
tax  abated       .... 


n-e 


Page 

191- 

195 

217 

332 

564 

596 

670 

626 

575 

632 

174 

262 

286 

178 

182 
153 

150 
223 

181 

667 


175 

163 

623 

147 

250, 611 

213 

210 

302,  607 

234,  620 

.      207 

247,  610 

226,  530 

.      268 

226,  632 

231,  607 

.      512 

.       123 

191,  332,  564, 670 

81 

546 


Index. 


7V 


Adams,  town  of,  treasurer  to  suspend  pi'oceedings  against    . 
Adams,  Benjamin,  ti-easurer  to  issue  notes  to  . 

Francis,  relating  to  ....... 

Isaac,  relating  to 

Isaac,  treasui'er  to  issue  notes  to    . 

Jesse,  relating  to    .......         . 

John,  relating  to 

Joseph,  relating  to 

Joshua,  relating  to  ....... 

Lurinda,  resolve  on  j^etition  of       ....         . 

Mark,  resolve  on  petition  of  . 

Rev  Moses,  trustee,  apjiointed       ..... 

Thomas,  relating  to         ......         . 

Thomas,  to  print  decision  rendered  by  supreme  court  of  the 

United  States 

Thoms.,  account  allowed 

Thos.,  allowance  to         ......         . 

Rev.  Zabdiel,  trustee,  appointed     ..... 

Address  of  general  court,  in  reply  to  governor's  speech         197,  240 

in  I'eply  to  lieutenant  governor's  speech 
Administrators  and  executors,  act  for  limiting  time  in  which  sm'ts 
may  be  prosecuted  against,  etc.,  suspended 

Alden,  Isi'ael,  relating  to 

Noah,  relating  to    .......         . 

Alewife  fishery  in  Taunton  great  river,  regulated  . 

Alewives,  act  in  addition  to  act  for  ijreservation  of,  in  Ipswich 

river    

certain  inhabitants  of  town  of  Wareham,  permitted  to  take 
with  seines  or  di'ag  nets  in  Wareham  river 
Alewives  and  shad,  act  for  i^reservation  of,  in  Mystic  river,  con- 
tinued .         .         .         .         .         .         .         . 

Alewives,  salmon  and  shad,  act  in  addition  to  act  for  preservation 
of,  in  rivers  and  streams  in  counties  of  Cumberland  and 
Lincoln         .......... 

act  in  addition  to  act  regulating  the  catching  of,  in  Merri- 
mack river  .......... 

fishery  of,  in  rivers  and  sti'eams  of  town  of  Andover,  regu- 
lated   ........... 

Alewives,  shad  and  bass,  town  of  Newbury  to  regulate  the  taking 

of,  in  river  Pai'ker 

Alexander,  Thomas,  treasurer  to  issue  notes  to       ...         . 
Alford,  town  of,  account  allowed  for  sujiport  of  poor    . 

Alfred,  district  of,  incorporated 

Allan,  John,  Township  No.  12,  on  Passamaquoddy  bay,  granted 
and  confirmed  to  ........ 


Page 

573 
573 
407 
376 
595 
652 
6 
43 
573 
311 
592 
421 
376 

563 
673 
552 
419 
,705 
636 

58 
467 
472 

92 

131 

118 
500 


461 
494 
119 

67 

278 
332 
437 

170 


718 


Index. 


Page 


Allan,  John,  and  others,  authorized  to  lay  out  lands  in  Township 

No.  8,  in  county  of  Washington 
Allen,  Abel,  relating  to     . 

Asa,  treasurer  to  issue  note  to 

Benjainin,  resolve  on  petition  of 

Daniel,  resolve  on  petition  of 

Ebenezer,  set  off  from  town  of  Dai'tmouth  and  annexed  to 
town  of  Westjiort 

Elisha,  relating  to  . 

Ezra,  relating  to 

George,  relating  to 

Isaiah,  relating  to  . 

Dr.  Israel,  relating  to     . 

James,  treasurer  to  issue  notes  to  ... 

James,  and  others,  resolve  on  petition  of 

Jeremiah,  account  allowed 

John,  relating  to 

Joseph,  account  allowed        .        . 

Joseph,  Jr.,  relating  to 

Natlil.  C,  brigade  major,  account  allowed    . 

Simeon,  and  others,  order  on  petition  of 

Thomas,  relating  to 

Thomas,  and  Nehemiah  Bull,  resolve  on  petition  of 

William,  and  others,  order  on  petition  of 

Williams,  set  off  from  town  of  Dartmouth  and  annexed  to 
town  of  Westport 

Winthrop,  relating  to 

Alley,  Benjamin,  Jr.,  relating  to       ;        .        .        .         . 

Ephraim,  relating  to 

Allin,  Jesse,  allowance  to  ...... 

Alline,  Benjamin,  account  allowed  ..... 

Ames,  Fisher,  relating  to 

Amherst,  town  of,  allowance  to 

order  on  petition  of  Elias  Smith  to  be  annexed  to 
Amidown,  Caleb,  account  allowed   .         .  .         . 

Amory,  Jonathan,  relating  to    . 
Andover,  town  of,  account  allowed  for  support  of  i)oor  .         191, 332,  673 

fishery  of  salmon,  shad  and  alewives  in  rivers  and  streams 
in,  regulated        . 

order  on  petition  in  behalf  of         .....         , 

proprietoi's  of  bridge  between  town  of   Methuen  and,  in- 
corporated .......... 

Andover  bridge,  proprietors  of,  to  show  cause        .... 

Andrew,  Dr.,  relating  to   ... 

Andrews,  John,  relating  to       .......         . 

Rev.  John,  relating  to    .        . 


182 
127 
625 
635 

559 

62 
6 

477 

11 

6 

335 

616 

269 

676 

40,  180, 564 

564 

40 

674 

590 

102 

659 

173 


62 
40 
478 
478 
292 
566 
698 
545 
561 
566 
346 


119 

583 


95 
583 
192 
346 

453 


Index. 


719 


Andrews,  Loring-,  relating  to 238 

Mark,  relating  to    .         . 54 

Samuel,  relating  to         .         . 53 

Annable,  Jacob,  relating  to 376 

Ansart,  Lewis,  name  of  Lewis  Ansart  de  Maresquelle,  changed  to      346 
Anthony,  Job,  set  oflf  from  town  of  Dartmouth  and  annexed  to 
town  of  Westport       ....... 

Appleton,  Daniel,  relating  to    . 

Isaac,  and  Samuel,  relating  to 

Armour,  David,  John  and  INIary,  to  show  cause        ... 
Army,  continental,  fui'ther  provision  relative  to  payment  of  un- 
claimed balances  due  to  officers  and  soldiers     . 
continental,   relative  to  payment  of  balances   due  to  de- 
ceased officers  and  soldiers  of 

Arundell  and  Biddeford,  towns  of,  and  plantation  of  Little  Falls 

boundary  lines  between,  to  be  established 
Ashburnham,  town  of,  certain  inhabitants  of,  annexed  to  town  of 

Ashby 

Ashby,  town   of,  certain   inhabitants   of  town   of  Ashburnham 
annexed  to  ........         . 

Ashes,  i^ot  and  j^earl,  relative  to  insjjection  of         .        .        . 
Ashley,  Moses,  relating  to         ......         . 

Asses  and  mules,  relative  to  damage  done  by 
Assessors,  town  of  Great  Barrington,  resolve  on  petition  of  . 
Atherton,  Caleb,  set  off  fi-om  town  of  Stoughton  and  annexed  to 
town  of  Foxborough  ....... 

Eliakem,  relating  to 

Els,  set  off  from  town  of  Stoughton  and  annexed  to  town 

of  Foxborough  .........        79 

Attleborough,townof,  account  allowed  for  suj^port  of  jDoor  332,  596,  670 

Attorney  general,  member  of  committee,  appointed        .         .       211,653 

not  to  commence  suit  against  Josejih  Otis     ....       604 

to  bring  agents  upon  confiscated  estates  to  speedy  settle- 
ment     

to  cause  writs  of  scire  facias  to  issue  against  Benjamin 

Darling  and  Samuel  Bartlett 

to  cease  the  prosecution  against  George  Curwin  Ward 
to  commence  process  to  revest  certain  land  in  the  common- 
wealth   

to  defend  an  action  brought  by  heirs  of  Eliakim  Hutchinson 
to  defend  suit  brought  against  Abner  Cooley 
to  discharge  execution  against  Josej^h  Henderson 
to  discharge  judgment  against  Thomas  Cook 
to  discharge  the  heir   of   Timothy   Nui'se   from  a  cei'tain 
prosecution  and  demand      ...... 

to  enquire  as  to  incumbrance  on  certain  lands 


62 

108 
376 
285 

609 

533 

311 

47 

47 
114 
164 
409 
247 

79 
270 


175 

208 
560 

168 
632 
661 
156 
544 

600 
530 


720 


Index. 


Attorney  general,  to  proceed  against  William  Bridge     .        .         .  570 
to  prosecute  intrudei's   on  certain  lands  of   the  common- 

•    wealth 286 

to  prosecute  Thomas  Farrington 650 

to  withdraw  action  against  Samuel  Laurence       .         .        .  289 

Atwater,  Rev.  Noah,  trustee,  appointed 349 

Atwell,  John  D.,  relating  to      .......         .  477 

Zachariah,  relating  to 477 

Atwood,  Joseph,  relating  to 60 

Josejjh,  Jr.,  relating  to 60 

Phineas,  relating  to .  467 

Aubin,  Philij),  relating  to .  427 

Austin,  Benjamin,  Jr.,  account  allowed 194 

Isaac,  relating  to     . 564 

Averill,  Daniel,  and  others,  order  on  petition  of      ...         .  639 

Avery,  James,  brigade  major,  account  allowed        ....  675 

John,  Jr.,  appointed  member  of  committee  to  contract  for 

printing        .........       162,  536 

John,  Jr.,  secretaiy  of  the  commonwealth,  allowance  to     169,  539 
John,  Jr.,  secretary  of  the  commonwealth,  directed  relative 
to  expense  of  removing  court  pajiers,  etc.,  to  town  of 

Concord 317 

Thatcher,  relating  to 407 

Ayer,  Simon,  relating  to 60 


B. 

Babbidge,  Abagail,  alloAvance  to 

Benja.,  relating  to  . 
Babson,  Solomon,  relating  to 
Bachelder,  Prince,  relating  to 
Bacheller,  James,  relating  to 

Samuel,  relating  to 

Theoj^hilus,  relating  to 

Back  Cove  river,  ijroprietors  of  bridge  over 

Portland  and  Falmouth,  incorpoi'ated 

Backus,  Isaac,  relating  to  .         .         . 

Bacon,  John,  I'clating  to   . 

John,  resolve  on  petition  of   . 
Badger,  Rev.  Joseph,  trustee,  appointed  . 

Sarah,  relating  to   . 

Stephen,  and  others,  resolve  on  petition 
Bailey,  Lewis,  relating  to 

Nathaniel,  relating  to 

Richard,  relating  to 
Bakeman,  John,  relating  to 


between 


of  . 


tow 


ns  of 


618 
618 
40 
616 
477 
478 
477 


502 
472 
403 
549,  667 
349 
300 
300 

60 
128 

60 
407 


Index. 


721 


Page 

Baker,  Abel,  relating  to 467 

Daniel,  relating  to 466 

Elisha,  resolve  on  i^etition  of 558 

Ezra,  account  allowed    ........       673 

Israel,  relating  to 467 

John,  relating  to 556 

Joseph,  relating  to  ........         40 

Nathan,  relating  to  60 

Samuel,  account  allowed        .......       566 

Samuel,  authorized  to  sell  the  real  estate  mentioned    .        .      204 
Samuel,  and  others,  authorized  to  survey  ajjublic  road  from 

town  of  Boston  to  town  of  Worcester 
Samuel,  and  othei's,  resolve  on  memorial  of  . 
Samuel,  and  others,  to  ascertain  most  convenient  place  for 

a  road  between  towns  of  Boston  and  Worcester       .         .       214 
William,  relating  to 533,  669 

Bakerstown,  plantation  of,  order  on  petition  of  certain  inhabitants 
of 

Balances,  unclaimed,  further  provision  relative  to  payment  of 

Baldwin,  Azubah,  emi;)0wered  to  sell  the  real  estate  mentioned 
David,  i-elating  to   . 
Henry,  relating  to  . 
Loami,  relating  to  . 
Loammi,  resolve  on  jjetition  of 
Loammi,  and  David  Brown,  resolve  on  petition  of 
Thomas,  relating  to         .         .         . 

Ballard,  Cyrus,  relating  to        .         .         . 

Banci'oft,  James,  account  allowed    . 

Robert,  treasurer  to  issue  notes  to 
Samuel,  relating  to         .         .         . 

Bank,  Union,  established 

Banks,  Aaron,  relating  to  .         .         . 

Aaron,  Jr  ,  relating  to    . 

Bannister,  Seth,  deputy  adjutant  general,  account  allowed 

Baptist  education  fund,  trustees  of,  incorporated 

Baptist  religious  society,  in  Haverhill,  incori^orated 
in  West  Stockbridge,  incorporated 

Baptist  society.  First,  in  Sandisfield,  incorporated 

First,  of   Sandisfield,  order   on   petition  for  incorporation 

■    of         .         . 585 

of  Turner  and  Bucktown,  incorporated         ....         53 

Bara,  Mary,  relating  to 671 

Barber,  Eunice,  relating  to        .....         .        191,  564,  670 

John,  treasurer  to  issue  notes  to    .         .         .         .         .         .       555 

Nathaniel,  relating  to     .......         .       555 

Kobei't,  relating  to 332 


146 

176 


628 
609 
260 
467 
260 
412 
320 
216 
472 
128 
339 
589 
181,218,335 

14 
407 
407 
218 
472 

60 
467 
466 


722 


Index. 


Barker,  James,  to  issue  wan-ant 

Jaris,  relating  to    . 

Robert,  relating  to 

William,  relating  to 
Barlow,  Moses,  allowance  to 
Barnard,  Joseph,  relating  to 
Barnes,  Jonah,  relating  to 
Barns,  Edward,  resolve  on  petition  of 


Page 

83 
466 
638 
128' 
159 

25 
164 
547,  638 


Barnstable  count}^  accounts  of  treasurer  allowed  and  tax  granted  250,  611 

constituted  a  district   for  the  election  of  comicillors  and 
senators       ..... 
Barnstable,  Plymouth,  Bristol,   Dukes    County   and    Nantucket 

counties,  designated  as  a  congi-essional  district 
Barnstable,  town  of,  to  be  credited  with  the  sum  mentioned 

ti'easurer  to  receive  consolidated  notes  from 
Barret,  John,  relating  to  . 
Barrett,  Charles,  empowered  to  open  a  canal 

Charles,  order  on  petition  of 

Samuel,  account  allowed 

Samuel,  Jr.,  account  allowed 

Stephen,  and  Ruben  Brown,  resolve  on 
Bartlet,  Bailey,  account  allowed 

Josiah,  account  allowed 

Dr.  Josiah,  account  allowed    . 

William,  relating  to        .         .         . 
Bartlett,  Baily,  given  leave  to  lay  his  account  before  the  com 
mittee  on  accounts 

Josiah,  trustee,  appointed 

Richai'd,  I'elating  to         .         .         . 


Samuel,  relating  to         .         .         . 

Sylvanus,  relating  to  .  .  . 
Bartoll,  Samuel,  relating  to  .  .  . 
Barton,  Caleb,  relating  to         .        .         . 

William,  relating  to  .  .  . 
Bass,  shad  and  alewives,  town  of  Newbury  to 

of,  in  river  Parker 
Bass,  Rev.  Edward,  relating  to 
Bassett,  Benjamin,  resolve  on  petition  of 

\n,  empowered 


Benjn  ,  and  Wm.  Jernig 
tate  mentioned     . 
Bate,  Selah,  relating  to 
Bates,  Jonathan,  relating  to 

Joseph,  allowance  to 

Mar}',  relating  to    . 
Bath,  town  of,  additional  notary  public  to  be  elected  for 


petition  of 


I'esrulate  the  taking: 


to  sell  the  real  es- 


466 

185 
628 
649 
192 
73 
211 
338 
338 
533 
676 
670 
333 
427 


626 
124 

427 
208 
90 
54 
193 
334 

67 
453 

258 

206 
597 
102 
246 
671 
145 


Index. 


723 


Bath,  proprietors  of  bridge  over  New   Meadow  river  lietween 

town  of  Brunswiclv  and,  incorpoi'ated 
♦  to  show  cause  .... 

Battas,  John,  relating  to  . 
Battis,  Mary,  relating  to  . 
Baty,  Gideon,  relating  to  . 

William,  relating  to        .        .        . 
Baj'^ley,  James,  and  others,  order  on  petition  of 

Samuel,  relating  to         .        .         . 
Baylies,  William,  relating  to    . 

William,  trustee,  appointed    . 
Beacom,  Sarah,  relating  to        .         .        . 
Beal,  David,  resolve  on  i3etition  of  . 

Joseph,  relating  to  .        .        . 

Bealls,  Joshua,  resolve  on  petition  of 
Beals,  Barzillai,  relating  to       . 

Comfort,  relating  to        .         .         . 

Jonathan,  and  Joseph  Clai'ke,  set  off  from  town  of  Cum 
mington  and  annexed  to  district  of  Plainfield    . 
Beckwith,  Ichabod,  and  others,  order  on  petition  of 
BelchertoAvn,  town  of,  account  allowed  for  sui^port  of  jjoor   . 

Belding,  Joab,  treasurer  to  issue  note  to 

Belknap,  Jeremy,  relating  to    ......         . 

Bemis,  Luke,  and  Isaac,  resolve  on  petition  of        .         .        . 
Benedict,  Abel,  relating  to 

John,  relating  to 

Thomas,  relating  to 

Benner,  John  Henry,  relating  to 

Bennett,  James,  set  off  from  town  of  Ashburnham  an<l  annexed 
to  town  of  Ashby 

Nehemiah,  relating  to    . 
Benson,  Ichabod,  order  on  petition  of 

Ichabod,  resolve  on  petition  of 

Joshua,  relating  to  .        .        . 

Bently,  William,  relating  to      .         .         . 
Berkshire  county,  accounts  of  treasurer  allowed  and  tax  granted 

committee  for  the  sale  of  unappropriated  lands  in,  author 
ized  relative  to  payment  for  lands  sold 

constituted   a   district  for  the  election  of  councillors  an( 
senators       ......... 

tax  granted     ......... 

Berkshire,  Hampshire  and  Worcester  counties,  designated   as  ; 
congressional  district  ...... 

Bernardston,  town  of,  account  allowed  for  support  of  poor   . 
Berry,  Abraham,  relating  to 


Page 

76 
608 
192 
334 
599 

40 
225 
222 
443 

45 
672 
284 
534 
266 
235 
235 

436 
555 
671 
251 
443 
537 
467 
468 
468 
.332 


204, 


47 
102 
204 
232 
232 
161 
213 

283 

466 
540 


185 
33-2 
333 


724 


Index. 


Page 

Berry,  Nathaniel,  i-elating  to 128 

Thomas,  relating  to 128 

William,  relating  to 53 

Bethlehem,  district  of,  tax  abated 652 

to  shoAv  cause  .........       244 

Bethune,  Mary,  allowance  to 283 

Beverly,  town  of,  accomit  allowed  for  support  of  poor  .         .       333,  670 
act  for  securing  the  growth  of  wood  and  timber  in  tract 

of  woodland  in    .         .         .         .         .         .         .         .         .114 

additional  notary  public  to  be  elected  for      ....       145 

Biddeford,  town  of,  fine  remitted 649 

to  be  discharged  of  the  sum  mentioned        ....      617 
toll  granted  proprietors  of  bridges  over  Saco  river,  between 

town  of  Pepperelborough,  and 117 

Biddeford  and  Arundell,  towns  of,  and  plantation  of  Little  Falls, 

boundary  lines  between,  to  be  established        .        .        .       311 

Bidwell,  Barnabas,  relating  to 164 

Barnabas,  and  others,  resolve  on  petition  of  .         .         .       634 

Bigelow,  David,  to  be  discharged  of  the  sum  mentioned        .         .      205 

Timothy,  trustee,  appointed 419 

Bignei",  John  F.,  relating  to 192 

Billerica,  town  of,  account  allowed  for  sujjijort  of  poor  .       333,  670 

Billings,  Joseph,  adjutant,  account  allowed     ....       340,  675 

Birch,  Jane,  relating  to 193 

Bird,  Mary,  treasurer  to  issue  notes  to 672 

Bishop,  Comfoi't,  I'elating  to 11 

Ebenezer,  relating  to 11 

John,  relating  to 90 

Nathaniel,  empowered  to  take  possession  of  certain  j^roj)- 

erty  of  the  commonwealth  ......       665 

Nathaniel,  member  of  committee  appointed  .        149,  251,  298 

Bixby,  Daniel,  and  others,  order  on  petition  of        ...         .       249 

Black,  Andrew,  relating  to 321 

Rachel,  and  Moses,  resolve  on  petition  of     .        .        .        .321 

Blake,  Rev.  Caleb,  trustee,  appointed 421 

Ephraim,  relating  to 407 

Joseph,  account  allowed 338,  675 

Joseph,  relating  to 15 

Joseph  and  Thankful,  and  Thomas  Whiting,  authorized  to 

execute  deed  of  the  land  mentioned 599 

Samuel,  relating  to 53 

William,  relating  to 577 

Blanchard,  Samuel,  set  off  from  town  of  Sutton  and  annexed  to 

town  of  Oxford 60 

Blanding,  Christopher,  relating  to 6 


Index. 


725 


Blaney,  Joseph,  relating  to 
Blaver,  William,  relating  to 
Bliss,  Abdiel,  relating  to 

Abdiel,  Jr  ,  relating  to 

Abel,  relating  to     . 

Abiah,  relating  to   . 

Abiah,  Jr.,  relating  to 

David,  relating  to   . 

David,  2d,  relating  to 

Ephraim,  relating  to 

Ephraim,  Jr.,  relating  to 

James,  relating  to  . 

James,  2d,  relating  to 

Jonathan,  relating  to 

Jonathan,  trustee,  appointed 

Jonathan,  Jr.,  relating  to 

Joshua,  2d,  relating  to 

Nathan,   relating  to 

Nathaniel,  relating  to 

Obediah,  relating  to 

Oliver,  i-elating  to  . 

Peter,  relating  to    . 

Samuel,  relating  to 

Samuel,  2d,  relating  to 

Simeon,  relating  to 

William,  relating  to 
Blodget,  Saml.,  account  allowed 
Blodgett,  Ezra,  treasurer  to  issue  notes  to 
Blood,  Caleb,  Jr.,  set  off  from  town  of  Groton  and  annexed  to 
town  of  Dunstable 

Henry,  set  off  from  town  of  Groton  anil  annexed  to  town 
of  Dunstable 

Peter,  set  off  from  town  of  Groton  and  annexed  to  town  of 
Dunstable    . 

Silas,  set  off  from  town  of  Groton  and  annexed  to  town  of 
Dunstable    . 

Silas,  Jr.,  set  off  from  town  of  Groton  and  annexed  to  town 
of  Dunstable 
Boardman,  Offin,  Jr.,  relating  to 
Boden,  William,  and  Henry  Leach,  confirmed   in  office  as   col- 
lectors of  taxes  ...... 

Bollan,  William,  relating  to 

Bolten,  Richd.,  and  wife,  relating  to         .         .         . 
Bolton,  town  of,  account  allowed  for  support  of  poor 
Bolton,  Richard,  relating  to      ....         . 


Page 

478 
673 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
7 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
671 
577 

64 

64 

64 

64 

64 
427 

173 

303 
672 
191 
335 


726 


Index. 


Page 

Bond,  Abijah,  relating  to 600 

Bondley,  Patience,  relating  to 334 

Boothbay,  town  of,  fine  remitted 634 

Bordman,  John,  allowance  to 545 

Bordwell,  Ebenezer,  and  Abigail,  empowered  to  execute  a  deed 

of  the  land  mentioned        . 616 

Enoch,  relating  to 615 

Boston,  town  of,  account  allowed  for  support  of  poor    191,  193,  218,  671 

additional  notar}^  public  to  be  appointed  in  .         .         .        .  526 

allowance  to  selectmen  of,  for  support  of  jjoor    .         .         .  557 
committee  authorized  to  ascertain  the  most  convenient  place 

for  a  road  between  town  of  Worcester  and        .         .         .  214 
message  of  governor  relative  to  hackney  coaches  and  their 

drivers  in    ...        .                 690 

public  road  to  be  surveyed  from,  to  town  of  Worcester       .  146 
relative  to  transportation  and  storage  of  gunpowder  in        .  21 
treasui'er  directed  to  dispose  of  the  pest  house  in         .        .  267 
Boundary  line,  between  East  and  West  parishes  in  town  of  Salis- 
bury changed 345 

between  Massachusetts  and  Connecticut,  governor  requested 

to  write  governor  of  Connecticut  concerning    .         .         .  319 
between  town  of  Littleton  and  district  of  Boxborough,  set- 
tled        445 

between  towns  of  Franklin  and  Medway,  established  .        .  46 

between  towns  of  Holden  and  Paxton,  established        .        .  120 

between  towns  of  Lancaster  and  Sterling,  re-established     .  80 

between  towns  of  Plympton  and  Carver,  established  .         .  57 

of  lands  of  Marshpee  Indians,  relative  to      ...         .  601 
Boundar}'  lines,  between  towns  of  Biddefoixl,  Arundell  and  i^lan- 

tation  of  Little  Falls,  to  be  established       ....  311 

between  towns  of  Gorham,  Buxton  and  Standish,  established  618 

between  towns  of  Standish,  Gorham  and  Buxton,  to  be  run  .  303 

Bounty  on  hemp,  continued 177 

Bourne,  Sherjashub,  relating  to        ......         .  698 

Bowen,  Uriel,  relating  to  .  .6 

Bowler,  Thomas,  relating  to     . 477 

Bowling,  Thomas,  allowance  to        ......         .  282 

Thomas,  relating  to        .......         .  704 

Bowls,  Hezekiah,  relating  to 467 

Bowman,  Joseph,  resolve  on  ijetition  of 643 

Josei^h,  and  John  H.,  relating  to 376 

Boxborough,  district  of,  account  allowed  for  suj^iJort  of  poor        .  218 

boundary  line  between  town  of  Littleton  and,  settled  .        .  445 

Boxborough,  town  of,  account  allowed  for  support  of  poor  193,  564,  670 


Index. 


727 


incoi'porating  i^ropvi etors 
between  town  of  Haver- 


between  town 


Page 

Boxford,  town  of,  oi'der  on  petition  of  projirietors  of  tract  of 

woodland  in,  to  be  incorporated 249 

Boyd,  Betiiuel,  adjutant,  account  allowed 340 

Boyden,  Seth,  set  off  from  town  of  Stoughton  and  annexed  to 

town  of  Foxborough 79 

Boyle,  John,  account  allowed 338,  339,  675 

Philip,  relating  to 336 

Thos.,  allowance  to 292 

Boylston,  town  of,  account  allowed  for  support  of  poor         333,  564,  670 

conveyance  of  land  to  be  made  to  .        .         .        .        .         .      230 

Bradbury,  Jacob,  and  others,  resolve  on  j^etition  of        .        .         .      559 

Theophilus,  to  issue  warrant 85 

William,  relating  to 559 

Bradford,  town  of,  act  in  addition  to  act 
of  bridge  over  Merrimack  river 
hill  and 

proprietors  of  bridge  over  Merrimack  river 
of  Haverhill  and,  incorporated 

to  show  cause 
Bradford,  Rev.  Alden,  relating  to     . 

Ezekiel,  relating  to 

Jesse,  relating  to    . 

John,  relating  to     . 

Sarah,  resolve  on  petition  of  . 
Bradley,  Daniel,  Jr.,  relating  to 
Bradstreet,  Andrew,  relating  to 

Joseph,  relating  to  . 
Brailsford,  Norton,  account  allowed 

Braintree,  town  of,  method  of  calling  meeting  of  inhabitants  of 
determined 

South  precinct  of,  incorporated  as  toAvn  of  Randolph 
Branard,  Timothy,  relating  to  . 
Brand,  James,  relating  to 

Josiah,  relating  to 
Bray,  John,  relating  to 

John,  Jr.,  relating  to 
Breed,  Joel,  relating  to     . 

Joseph,  Jr.,  relating  to  . 

Theophilus,  relating  to  . 

Thomas  A.,  i-elating  to   . 
Breeden,  John,  relating  to 
Bresee,  Nicholas,  relating  to    . 

Peter,  relating  to    . 
Brewer,  David,  relating  to 

Thomas,  and  Hannah  Ilamock,  resolve  on  petition  of 


442 

108 

611 

443 

54 

54 

313 

313 

60 

128 

128 

338 

276 
70 
145 
335 
696 
407 
407 
478 
478 
478 
477 
477 
468 
468 
467 
152 


728 


Index. 


Briamant,  Pierre,  naturalized 

Bridge,  Andover,  proprietors  of,  incorporated 

Andover,  projirietors  of,  to  show  cause 

Essex  Merrimack,  time  of  receiving  toll  by  jjroprietors  of 
extended      

Haverhill,  proprietors  of,  incorporated 

Mystic,  order  on  jjetition  of  Ebenezer  Hall  and  others  for 
converting,  into  a  drawbridge    .... 

over  Back  Cove  river  between  towns  of  Portland  and  Fal- 
mouth, proprietors  of,  incorj^orated  . 

over  Fore  river  between  towns  of  Portland  and  Cape  Eliz- 
abeth, proprietors  of,  incorpoi'ated     .... 

over  Fore  river,  relative  to  building     .... 

over  Merrimack  river  between  towns  of  Haverhill  and  Brad 
ford,  act  in  addition  to  act  incorporating  jn-oprietors  of 

over  Miller's  river  between  towns  of  Nortlifield  and  Mon 
tague,  to  be  maintained      ...... 

over  New  Meadow  river,  act  in  addition  to  act  incorporat 
ing  Jonathan  Davis  and  othei's,  for  building     . 

over  New  Meadow  river,  proprietors  of,  incorporated 

over  Piscataqua  river,  John  Langdon  emijowered  to  erect 

over  Sheepscott  river  between  towns   of  PoAvnalborough 
and  Newcastle,  proprietors  of,  incor2)orated 

to  be  maintained  across  North  river     . 

West  Boston,  act  in  addition  to  act  incorporating  proprie- 
tors of 

Bridge,  Ebenezer,  trustee,  appointed       .... 

Edmund,  account  allowed 

"William,  resolve  on  petition  of      ...         . 
Bridgewater,  town  of,  account  allowed  for  support  of  jjoor 

committee  on  accounts  authorized  to  examine  accounts  of 
overseers  of  the  poor  in     ......         . 

relative  to  payment  of  sum  due  from 

Bridgton,  plantation  of,  tax  abated 

Bridgton,  toAvn  of,  incorporated 

Briggs,  Dean,  relating  to  ........ 

F^benezer,  relating  to 

F^lijah,  relating  to 


Page 

426 

95 

583 

59 

108 

62.5 

502 

468 
149 

442 


379 
76 
99 

409 
99 

43,  129 
.      421 

337,  597 
.       570 

333, 671 

177 
293 
609 
438 
121 
102 
121 

Elisha,  relating  to 121 

James,  order  on  petition  of '  .         .       582 

James,  resolve  on  petition  of 606 

James,  3d,  relating  to 582,  606 

James,  Jr.,  and  others,  resolve  on  jjetitlon  of       .         .        .       275 

John,  relating  to 121 

Nathaniel,  relating  to 121 


Index. 


729 


Briggs,  Dr,  Richard,  relating  to       ......         . 

Thomas  Barker,   and  James,   Jr ,   authorized   to   execute 
deed  of  the  land  mentioned 
Brigham,  Elijah,  resolve  on  petition  of    . 

Sally,  relating  to     . 

Brightman,  Ellis,  set  off  from  town  of  Dartmouth  and  annexed  to 

town  of  Westport 

Henry,  set  off  from  town   of   Dartmouth  and  annexed  to 

town  of  Westport 

Brigs,  Seth,  relating  to 

Bi'indly,  Patience,  relating  to    ......         . 

Bristol  Academy,  established    ....... 

Bristol  county,  constituted  a  district  for  the  election  of  councillor 

and  senators 

courts  of  common  pleas  and  general  sessions  of  the  peace 

in,  adjourned 

time  of  holding  courts  of  common  i^leas  and  genei'al  ses 
sions  of  the  peace  in,  changed    ..... 
Bristol,  Plymouth,  Barnstable,  Dukes  County  and  Nantucket  coun 

ties,  designated  as  a  congressional  district 
Broadsti'eet,  Dudley,  relating  to 
Bi'omfield,  Col.  Henry,  trustee,  appointed 
Brookfield,  town  of,  account  allowed  for  support  of  poor 
additional  notaiy  public  to  be  elected  for 

grant  to 

treasurer  to  discharge,  of  the  sum  mentioned 
Bi'ooks,  Amos,  set  off  from  town  of  Ashburnham 

town  of  Ashby 

Joel,  set  oflt"  from  town   of   Winchendon  and  annexed 

town  of  Gardner  .... 

Dr.  John,  account  allowed 
Samuel,  account  allowed 

Brow,  Simon,  relating  to 

Bx'own,  Aaron,  relating  to         .... 
Aaron,  to  fix  time  of  holding  meeting  . 
Aaron,  trustee,  appointed 
Dr.  Abisha,  account  allowed 

Amos,  relating  to 

Benjamin,  relating  to  ...  . 
Daniel,  allowance  to  ...  . 
Daniel,  set  off  from  town  of  Ashburnham 

town  of  Ashby     ..... 
Daniel,  and  others,  resolve  on  petition  of 
David,  and  Loammi  Baldwin,  resolve  on  petition  of 
Elijah,  resolve  on  petition  of  .... 


191,3: 


and  annexed  to 


to 


33, 


and  annexed  to 


Page 

191 

606 
527 
333 

62 

62 
102 
672 

44 

466 
244 

508 

185 
192 
419 

,564 
145 
641 
227 

47 

446 
671 
564 
192 
412 
421 
419 
333 
53 
25 
545 

47 
251 
216 
149 


730 


Index. 


6, 


Bi*own,  Ephraim,  relating  to     . 

Ezekiel,  and  others,  order  on  j^etition  of 

Ezra,  relating  to 

Hosea,  relating  to  . 

Isaiah,  to  be  paid  as  witness 

Jacob,  relating  to   . 

John,  relating  to     . 

Jonathan,  relating  to 

Josiah,  relating  to  . 

Lydia,  relating  to   . 

Moses,  relating  to  . 

Nathaniel,  relating  to 

Phillip,  relating  to 

Robert,  relating  to 

Ruben,  and  Stephen  Bai'rett,  resolve  on  petition  of 

Samuel,  relating  to         ,         ....         . 

Samuel,  resolve  on  petition  of       ...        . 

Samuel,  set  oif  from  East,  and  annexed  to  West  parish  in 
town  of  Need  ham 

Samuel,  treasurer  to  stay  prosecution  against 

Samuel,  Jr.,  relating  to 

Rev.  Thomas,  trustee,  appointed  . 

Wm.,  relating  to 

Brownell,  George,  od,  set  off  from  town  of  Dartmouth  and  annexed 

to  town  of  Westport  .... 
Bruce,  Jonathan,  resolve  on  petition  of  . 

Joseph  and  Simon,  resolve  on  petition  of 
Brunswick,  town  of,  additional  notary  public  to  be  elected  for 

proprietors  of  bridge  over  New  Meadow  river  between 
town  of  Bath  and,  incoi'porated 

to  show  cause         ....... 

treasurer  to  jiay  selectmen  of,  the  sum  mentioned 

Bryant,  Hezekiah,  relating  to 

Buck,  Eliphalet,  relating  to 

John,  relating  to 

Jonathan,  Jr.,  to  issue  warrant      .... 

Buckfield,  town  of,  incorporated 

Buckland,  town  of,  account  allowed  for  supjiort  of  poor 

Buckstown,  town  of,  incorporated 

Bucktown,  plantation  of.  Baptist  society  in,  incorpoi'ated 
Bucktown,  or  number  five,  plantation  of,  incorpoi'ated  as  town  of 

Buckfield 

Bull,  Nehemiah,  and  Thomas  Allen,  resolve  on  petition  of 
Bullard,  Ebenr.,  relating  to 

Ephraim,  treasurer  to  issue  notes  to      .        .        . 


Page 

478 

627 

477 

467 

662 

470 

54,  467 

11 

11 

336 

427 

11 

376 

90,  670 

533 

11,  165,545 

165 


447 
251 
11 
511 
659 

62 
634 
663 
145 

76 

608 

530 

54 

60 

53 

38 

89 

191,  333,  671 

88 

53 


89 
659 
562 
595 


Index. 


731 


BuUard,  Rev.  John,  ti'ustee,  appointed 
Seth,  relating  to      .         . 
Seth,  to  notify  owners  of  certain  lands,  to  appear 

cause   

Bullfinch,  Jeremiah,  account  allowed 
Bullock  grant,  proprietors  of,  to  show  cause 
Bullock,  Eleazer,  relating  to    . 

Kent,  relating  to     . 

Samuel,  relating  to 

Samuel,  trustee,  appointed 

William,  relating  to 
Bundly,  Patience,  relating  to    . 
Burchard,  Joseph,  relating  to  . 
Bvirchsted,  Henry,  relating  to  . 
Burell,  Benjamin,  relating  to    . 

Micahjah,  relating  to 
Burgess,  William,  relating  to  . 
BuT-ghardt,  Hendrick,  treasurer  to  credit,  with  the 
Burnap,  Josejih,  relating  to 
Burnham,  John,  relating  to 

Mark,  relating  to    . 

Thomas,  relating  to 
Burr,  Isaac,  relating  to 
Burrage,  Susannah,  relating  to 
Burrell,  Ebenezer,  relating  to  . 

Samuel,  relating  to 

Tomson,  relating  to 
Burt,  Daniel,  relating  to  . 

Henry,  relating  to  . 

Isaac,  relating  to     . 

John,  relating  to     . 

Thomas,  Jr.,  relating  to 

William,  resolve  on  jietition  of 
Burton,  John,  relating  to 

Sally,  relating  to  . 
Butland,  John,  relating  to 
Butler,  John,  relating  to  . 

William,  account  allowed 
Buxton,  town  of,  to  exchange  parsonage  lands 
Buxton,  Gorham  and  Standish,  towns  of,  boundai-y 
established  ..... 

boundary  lines,  between,  to  be  run 


mentioned 


lines 


and 


show 


between 


191 


Page 
419 
127 

199 

675 

579 

6 

6 

6 

7 

6 

565 

467 

477 

477 

477 

55 

231 

209 

376 

114 

131 

6 

478 

478 

478 

477 

121 

121 

121 

315 

121 

315 

314 

564 

25 

158 

337 

559 

618 
303 


732 


Index. 


C. 

Page 

Cain,  John,  relating  to 564 

Caldevwood,  John,  and  others,  discharged  of  the  sum  mentioned 
Caldwell,  Anna,  I'elating  to 

James,  i'elating  to  . 

John,  relating  to     . 

Moses,  allowance  to 

Seth,  account  allowed     . 

Submit,  relating  to 

William,  3d,  relating  to 
Calef,  Joseph,  relating  to 

Samuel,  relating  to 
Cambell,  James,  relating  to     . 
Cambridge,  town  of,  account  allowed  for  support  of  poor 


264 

147 

147 

147 

293 

675 

146 

146 

407 

468 

673 

333,  564,  671 

500 

.      606 

.       179 

.       316 

.      668 

.      676 

.      339 

.      620 

.       235 

333,  597 

.       254 


act  for  preservation  of  fish  in  Mystic  river  in,  continued 

South  precinct  in,  to  show  cause 

Campbell,  Alexander,  allowance  to  ...... 

Alexander,  member  of  committee,  appointed 

Alexa.,  and  others,  resolve  on  representation  of  . 

Alexr.,  account  allowed 

Andi'Bw,  account  allowed 

Benjamin,  and  others,  order  on  petition  of 

David,  resolve  on  petition  of 

Robert,  relating  to  .... 

Canady,  Jack,  treasurer  to  issue  notes  to 

Canal,  from  New  Meadow  river  to  Merrymeeting  bay,  proprietors 
of,  authoi'ized  to  open  canal  to  Kennebeck  river 

Middlesex,  oi'der  on  petition  of  the  ijroprietors  of 

Middlesex,  proprietors  of,  incori)orated        .... 

through   George's   river,   Charles   Barrett   empowered  to 
open     ........... 

Canals  and  locks,  on  Connecticut  river,  act  altering  act  incorpo- 
rating propi'ietors  of 

on  Connecticut  river,  further  jjowers  granted  proprietors  of 

on  Merrimack  I'iver,  projirietors  of,  incorporated 

the  upper,  on  Connecticut  river,  jsroprietors  of,  incorporated 
Cape  Elizabeth,  town  of,  account  allowed  for  support  of  poor     192,  333 

proprietors  of  bridge  over  Fore  river  between   town  of 

Portland  and,  incori^orated 

Capen,  Hopestill,  account  allowed 

Hoi^estill,  resolve  on  petition  of 

Card,  William,  relating  to        ,        , 

Cai'leton,  Israel,  relating  to 

Kimball,  relating  to 


104 
626 
412 

73 

380 
63 
29 

504 


468 

598 

575 

40 

60 

60 


Index. 


733 


Page 

Carleton,  Obadiah,  relating  to 60 

Carlisle,  district  of,  opening  of  sluice  ways  in  mill  dams  on  River 

Meadow  brook  in,  regulated 132 

Games,  John,  to  issue  warrant 479 

Carol,  Betty,  relating  to 192 

Carpenter,  Abel,  2d,  relating  to 6 

Abiah,  relating  to 6 

Asahel,  relating  to 11 

Asahel,  trustee,  aj^pointed 11 

Christopher,  relating  to 6 

Daniel,  relating  to 11 

Ebenezei",  relating  to 10 

Elisha,  relating  to 11 

Elisha,  treasurer  to  issue  notes  to          .....  639 

Ephraim,  relating  to       .         . 11 

James,  2d,  relating  to 6 

Jonathan,  relating  to       . 11 

Joshua,  relating  to 6 

Samuel,  relating  to 6 

Stephen,  relating  to 6 

Thomas,  2d,  relating  to 6 

Thomas,  2d,  trustee,  aj^pointed      ......  7 

Thomas,  3d,  relating  to 6 

Thomas,  3d,  trustee,  apjiointed 7 

Thomas,  4th,  relating  to         ......         .  6 

Zebulon,  relating  to 639 

Carrol,  Betty,  relating  to 333 

Carter,  Ephraim,  authorized  to  sell  the  lands  mentioned         .         .  281 

Josiah,  account  allowed          ......       340,  675 

Josiah,  and  others,  resolve  on  petition  of      ...        ,  286 

Joshua,  relating  to 29 

Carver,  town  of,  boundary  line  between  town  of  Plymjjton  and, 
established  ......... 

Carver,  Jonathan,  trustee,  appointed 

Cary,  Rev.  Thomas,  relating  to         .....         . 

Casey,  Hugh,  relating  to 

Castle  island,  account  of  detachment  of  militia  doing  duty  at, 

allowed 218 

establishment  for  garrison  at 291,  588 

governor  and  council  requested  to   examine   accounts  for 

supi^lies  furnished  garrison  and  convicts  at       .         .         .  253 
message  of  governor  relative  to  desertions  from  garrison 

at 

message  of  governor  relative  to  troops  ordered  on  duty  at 
to  be  supplied  with  lamps 


57 
422 
453 
332 


705 

68S 
183 


734 


Index. 


Page 
Castle  island,  treasurer  to  contract  for  su^jplying  garrison  and 

convicts  at,  with  provisions  and  clothing  .         .         .       236,  667 
Cathcart,  John,  and  John  Foster  Williams,  treasurer  to  pay  .         .       246 
Catholick  Congregational  chui'ch  and  society  in  the  second  pre- 
cinct in  the  town  of  Rehoboth,  incorporated 
Catlin,  Seth,  brigade  major,  account  allowed  . 
Cazneau,  Andrew,  relating  to   .         .        .        .        . 

Cellars,  John,  relating  to 

Chace,  Daniel,  relating  to  ..... 

Eleazer,  relating  to 

John,  relating  to     .         .         .         .         . 

Joseph,  relating  to 

Chadbourn,  Benjamin,  member  of  committee,  appointed 
Chadwick,  Samuel,  relating  to 
Chafiee,  Daniel,  relating  to 

Nathaniel,  relating  to 
Chafflin,  Abner,  relating  to 

Joshua,  relating  to 

Peirly,  relating  to  . 
Chaloner,  Experience,  allowance  to 

John,  relating  to 

Chamberlain,  Aaron,  resolve  on  petition  of     . 
Chambers,  Capt.  Matthew,  resolve  on  petition  of 

Thomas,  relating  to        ...         . 
Chandler,  John,  relating  to       . 

Joseph,  treasurer  to  issue  notes  to 
Channing,  Walter,  relating  to  . 
Chaplain  of  tlie  general  court,  allowance  to    . 
Chaplin,  Rev.  Daniel,  trustee,  appointed 
Chairman,  Daniel,  relating  to  . 
Chajjpel,  Amos,  relating  to       ...         . 

Isaac,  relating  to 

Joseph,  relating  to         .... 

Samuel,  relating  to         ...         . 
Charlemont,  town  of,  account  allowed  for  support  of  j)oor 

tax  abated 

ti'act  of  land  annexed  to 
Charles  river,  act  in  addition  to  act  incorporating  proprietors  of 


West  Boston  bridge  over 

Charlestown,  town  of,  account  allowed  for  support  of  poor 

act  for  pi-eservation  of  fish  in  Mystic  river  in,  continued 

trustees  of  free  schools  in,  incorporated 
Charlton,  town  of,  certain  inhabitants  set  oft' from  . 
Chase,  Benjamin,  relating  to    . 
Chatfield,  Stephen,|,relating  to 


5 
.  339 
.  152 
.  161 
.   478 

53 
.   671 

53 

.   278 

111 

11 

11 
.  466 
.  466 
.  466 
.  654 
.  654 
.  321 
.  655 
.  571 
334,  671 
.  620 
.  210 
213,306,656 
.  419 
.  467 
.  467 
.  466 
.  467 
.  466 
333,  671 
.   312 

98 


43,  129 

564,  671 

500 

124 

29 

60 

467 


Index.  735 

Page 

Chauncey,  Charles,  and  Mrs.  Elizabeth  Spai'hawk,  resolve  on  peti- 
tion of 278 

Cheever,  Thomas,  Jr.,  relating  to 478 

Chelmsford,  town  of,  account  allowed  for  support  of  poor    .       564,  671 
opening  of  sluice  ways  in  mill  dams  on  River  Meadow 

brook  in,  regulated      ........       132 

treasurer  to  pay  annually  to  the  selectmen  of,  for  the  use 

of  Cajit.  Matthew  Chambers,  the  sum  mentioned     .         .      65.5 
Chelsea,  town  of,  account  allowed  for  support  of  poor  .        .         .      333 

Cheney,  Sarah,  relating  to 29 

Cheshire,  town  of,  certain  lots  of  land  with  inhabitants  thereon 

set  off  from,  and  annexed  to  town  of  Windsor  .        .        ,      474 
incorporated    ..........         81 

Chesterfield,  town  of,  account  allowed  for  support  of  poor    .       191,  564 
certain  inhabitants  of  town  of  Norwich,  Avith  certain  lands, 

annexed  to 447 

Chickering,  Saml.,  to  be  jiaid  as  witness 662 

Child,  Daniel,  relating  to 54 

Childs,  Timothy,  allowance  to 297 

Chilmark,  town  of,  account  allowed  for  support  of  poor        .        .      671 

tax  abated 258 

Chittendon,  Gideon,  relating  to 275 

Choate,  Stephen,  to  issue  warrant 376 

Church,  Catholick  Congregational  society  and,  in  the  second  pre- 
cinct in  the  town  of  Rehoboth,  incorpoi'ated      ...  5 
Episcopal,  in  town  of  Dedham,  rector,  Avardens  and  vesti-y 

of,  incorporated 501 

Episcopal,  in  town  of  Newburyjjort,  incorporated  .  .  453 
Independent  Christian,  in  Gloucester,  incorporated  .  .  40 
Saint  Peter's,  proprietors  of,  incorporated     ....      462 

Church,  Charles,  to  show  cause 605 

Ephraim,  treasurer  to  issue  notes  to 294 

Richard,  relating  to 605,  629 

Citizens,  act  in  addition  to  act  defining  legal  settlement  and  habi- 

tancyof 107 

legal  settlement  and  habitancy  of,  so  as  to  entitle  to  sup- 
port, defined 439 

Civil  list 139,519 

Claflin,  Ebenezer  and  Jacob  Parker,  discharged  from  a  judgment      660 

Claghorn,  William,  relating  to 14 

333 
683 
624 
595 
597 


Clair,  William,  relating  to  .  .  . 
Clap,  Eli,  allowance  to     . 

Levi,  allowance  to  . 

Supply,  treasurer  to  issue  notes  to 
Clark,  Amme,  relating  to  ,        .        , 


736 


Index. 


land 


Town- 


Page 
335 
336 
184 
478 
501 

.       182 

.       193 

61 

.       672 

77 

town  of  Cum-. 

.       436 
169,  214,  306, 
563,  592,  656 
of  the  senate,  allowance  to    .         .  169,  214,  306,  563,  592,  656 

Clerks  in  the  secretary's  and  treasurer's  offices,  allowance  to  310,  554 
Clifford,  Benjamin,  execution  issued  against,  suspended  .  .  574 
Clinton,  Isaac,  trustee,  appointed 
Cloud,  James,  relating  to 


Clark,  Amy,  relating  to 

Anne,  relating  to     . 

David,  treasurer  to  discharge  from  tax 

Edmund,  relating  to       ...        . 

George,  relating  to         .... 

Joseph,  and  others,  authorized  to  lay  out 
ship  No.  8,  in  county  of  Washington 

Ruammah,  relating  to    . 

Thomas,  relating  to         ...         . 
Clarke,  Anna,  relating  to 

John,  relating  to 

Joseph,  and  Jonathan  Beals,  set  oft"  from 
mington  and  annexed  to  district  of  Plaintield 
Clerk,  of  the  house  of  representatives,  allowance  to 


of  representatives. 


Clough,  Aaron,  relating  to 
Samuel,  relating  to 
Coal,  Mary,  relating  to  . 
Cobb,  David,  account  allowed  . 
David,  relating  to.  . 
David,  trustee,  appointed 
David,  speaker  of  the  house 

to         .... 
Jonathan,  trustee,  appointed 
Jonathan,  Jr  ,  relating  to 
Nathan,  relating  to 
Nathan,  Jr.,  I'clating  to  . 
William,  relating  to 
Cochran,  James,  and  others,  authorized  to  lay  out 

ship  No.  8,  in  county  of  Washington 
Codding,  Samuel,  Jr.,  relating  to     .        . 
Codman,  John,  and  Samuel  Dexter,  Jr.,  resolve  on 
Coftin,  David,  relating  to  . 

Nathaniel,  relating  to 
Rev.  Paul,  and  others,  resolve  on  petition  of 
Peleg,  relating  to   . 
Peleg,  Jr.,  account  allowed 
Tristram,  relating  to 
Colburn,  Nathaniel,  relating  to 
Colburne,  Samuel,  relating  to  . 


ands 


petition 


349 
192 
83 
161 
672 
338 
158, 698 
45 
.allowance 

172, 202 

45 

.       121 

121 

.       121 

.      502 


in  Town- 


of 


.  182 

.  121 

.  599 

.  427 

.  502 

.  659 
443,  698 

.  338 

.  618 

.  127 

.  502 


Index. 


737 


Cole,  Barnard,  treasurer  to  issue  notes  to 

Isaac,  relating  to 

Collar,  John,  and  others,  order  on  petition  of 

College,  Williams,  established 

Collins,  Rev.  Daniel,  relating  to       .         .         . 

Ezra,  account  allowed    .... 

John,  relating  to     . 

Samuel,  i-elating  to         .... 
Colock,  John  H.,  relating  to      .... 
Colrain,  town  of,  account  allowed  for  support  of  poor  .         333,  564, 
Colson,  Christopher,  and  others,  order  on  petition  of 
Comer,  John,  relating  to  . 

Commings,  Jacob,  Jr.,  allowance  to         .        .         . 
Committee  on  accounts,  allowance  to       .         168,  215,  306,  550,  587, 

authorized  to  allow  accounts  of  selectmen  of  town  of  Lenox 

directions  to,  relative  to  recording  accounts 

empowered  to  allow  account  of  Thomas  Hodgdon 

report  of,  roll  No.  23,  accej^ted 

report  of,  roll  No.  24,  accepted 

report  of,  roll  No.  25,  accepted 

report  of,  roll  No.  26,  accepted 

report  of,  roll  No.  27,  accepted 

report  of,  roll  No.  28,  accepted 

report  of,  roll  No.  29,  accepted 

to  examine  account  of  Baily  Bartlett     . 

to  examine  account  of  Hopestill  Capen 

to  examine  account  of  John  Cooper 

to  examine  account  of  James  Foster 

to  examine  account  of  Joseph  Henderson 

to  examine  accounts  of  Josiah  Cai'ter  and  others 

to  examine  accounts  of  overseers  of  the  ^^oor  in  town  of 
Bridgewater 

to  examine  accounts  of  Aaron  Putnam .... 

to  examine  accounts  of  Jose^jh  Russell 

to  examine  accounts  of  selectmen  of  town  of  West  Spring 
Held  for  support  of  poor 

to  examine  accounts  of  town  of  Danvers 

to  examine  accounts  of  town  of  Reading  for  support  of 
poor 

to  examine  accounts  of  town  of  Stockbridge  for  support  of 
poor    ....... 

to  examine  accounts  of  town  of  Worcester  for  support  of 
poor 

to   examine   accounts    of    town  of  York   for   sujiport  of 
poor     .        


Page 

275 
60 
551 
403 
403 
338 
407 
477 
334 
671 
544 
11 
25G 
655 
151 
150 
206 
191 
195 
217 
332 
564 
596 
670 
626 
575 
532 
174 
262 
286 

178 
182 
153 

150 
223 

181 

667 

175 

163 


738 


Index. 


Committee  on  accounts,  to  pass  on  accounts  of  town  of  Lenox  for 

sup2)ort  of  poor  .........      623 

to  re-examine  accounts  of  selectmen  of  town  of  Norton      .       147 
Committee  for  methodizing  public  accounts,  to  certify  balances 

due  certain  soldiers 263,  595 

to  certify  sums  due  Benjamin  Read 208 

Committee  for  the  sale  of  absentees'  estates,  in  county  of  Hami3- 

shire,  John  Deming  directed  to  settle  with 
Committee  for  the  sale  of  eastern  lands,  empowered  to  make  sale 

of  Pleasant  mountain 

rejiort  of  committee  api^ointed  to  examine  accounts  of 
to  execute  deeds  of  grants  for  the  encouragement  of  litera 

ture 

to  sell  townships  No.  -i,  5  and  6,  East  of  Union  river  . 
Committee  for  the   sale  of  unappropriated  lands  in  county  of 
Berkshire,    authorized    relative   to    payment   for   lands 

sold 

empowered  to  make  sale  of  the  lands  mentioned 
Committee  on  valuation,  pay  established 

report  of 

secretary  directed  relative  to  report  of 
Committee  to  examine  and  adjust  accounts  of  treasurer,  report 

of,  accepted 

Committee  to  settle  accounts  of  late  treasurer,  discharged 
Commonwealth,  relating  to  method  of  enquiring  into  the  ratable 
estates  within  the 
Act  to  provide  for  debt  of  the 
relative  to  payment  of  debt  of  the 
Comstock,  Ebenezer,  relating  to 
Jeremiah,  relating  to 


pport  of  poor 


Perrygreen,  relating  to  . 
Conant,  Ezra,  order  on  petition  of 

James,  allowance  to 

Nathaniel,  relating  to     , 

Silas,  resolve  on  petition  of 
Concord,  town  of,  account  allowed  for  sr 

additional  notary  public  to  be  elected  for 

Cone,  Cornelius,  relating  to 

Coney,  Daniel,  account  allowed        .... 

William,  relating  to        ....         . 
Confiscated  estates,  attorney  general  directed  to  bring 

to  sjieedy  settlement 

Congregational  precinct  in  Rochester,  IMiddleborough  and  Free- 
town, act  in  addition  to  act  incorporating  . 

incorjjoi'ated 


148 
433 
550 
467 
466 
467 
162 
292 
25 
669 
92,  333,  564,  671 


lofents  on 


667 

633 

667 

256 
541 


283 
168 
280 
322 
288 

657 
159 


145 
466 

675 
127 

175 

493 

101 


Index. 


739 


Congi'egational  society,  First,  in  Mendon,  act  incorporating,  re- 
pealed   

First,  in  town  of  Taunton,  trustees  of,  appointed  . 
in  the  first  precinct  in  the  town  of  Rehoboth,  incori^orated 
West,  in  town  of  Taunton,  incorporated 
Congx-ess,  message  of  governor  relative  to  members  of  . 

representatives  to,  election  of 

Congressional  districts  established 

Connecticut,  governor  requested  to  write  governor  of,  relative  to 

boundary  line  between  Massachusetts  and 
Connecticut   river,  act   altering  act  incorporating  proprietors  of 
locks  and  canals  on     ......         . 

further  jiowers  granted  proprietors  of  locks  and  canals  on 
proprietors  of  the  upper  locks  and  canals  on,  incorporated 
taking  of  fish  in,  in  town  of  South  Hadley,  regulated 
Conner,  Michl.,  relating  to        .....         . 

Connor,  John,  relating  to  ...... 

Patrick,  account  allowed        ..... 

Constitution  and  laws   of  the  United  States,  to   be  printed   by 

secretary . 

Continental  army,  further  provision  relative  to  payment  of  \m 
claimed  balances  due  to  officers  and  soldiers  of 
relative  to  i^ayment  of  balances  due  to  deceased  officers 
and  soldiers  of 

Convicts  and  garrison  at  Castle  island,  governor  and  council  re- 
quested to  examine  accounts  for  supplies  furnished  to 
treasurer  authorized  to  contract  for  supplying,  with  jiro 

visions  and  clothing >- — 236 

Conway,  town  of,  allowed  further  time  to  pay  taxes 
treasurer  to  suspend  issuing  executions  against 

Coody,  Joseph,  relating  to 

Cook,  Ejjhi'aim,  relating  to        ....         . 
Moses,  Jr.,  resolve  on  i)etition  of  . 
Tliomas,  resolve  on  petition  of      .         .        . 

Cooke,  Thomas,  relating  to 

Cooley,  Abner,  resolve  on  petition  of       .         .        . 
Coolidge,  Joseph,  relating  to    . 
Cooly,  Isaac,  relating  to    . 

Coombs,  John,  relating  to 

William,  relating  to 

Coonradt,  John,  relating  to 

Cooper,  David,  relating  to 

John,  account  allowed 

John,  given  leave  to 
accounts 


lay   account   before 


29, 


337, 
committee  on 


Page 

42 
104 

10 
121 
698 
184 
184 

319 

380 
63 
504 
507 
673 
192 
675 

245 

609 

533 

253' 

,657-^ 
259 
649 
237 
407 
545 
544 
338 
661 

15 
161 
427 
427 
336 

11 
565 

532 


740  Index. 

Page 

Cooper,  John,  adjutant,  account  allowed 566 

Judith,  and  Thomas  Russell,  resolve  on  repi'esentation  of  .  293 

Moses,  resolve  on  petition  of 259 

Sanil.,  allowance  to        . 301 

Samuel,  member  of  committee  to  contract  for   printing, 

appointed 162, 536 

Samuel,  relating  to 255 

Samuel,  clerk  of  the  senate,  allowance  to     .         .       169,  214,  306, 

563,  592,  656 

Rev  Samuel,  relating  to 293 

Copp,  Samuel,  relating  to 336,  673 

Corliss,  Ephraim,  relating  to 60 

Cornell,  John,  Peleg  and  Thomas,  set  off  from   town   of  Dail- 

mouth  and  annexed  to  town  of  Westport          ...  62 

Coi'nish,  town  of,  incoi'porated 509 

Coroners,  to  execute  writs  and  precepts,  when  office  of  sheriff  is 

vacant 39 

Cory,  Isaac,  set  off  from  town  of  Dartmouth  and  annexed  to  town 

of  Westport 62 

Cotting,  Dr.  Amos,  relating  to 334 

Cotton,  Josiah,  relating  to 90 

Rosseter,  relating  to 90 

Councillor  and  senatorial  districts  established        ....  465 

Councillors,  list  of 139,619 

Councillors  and  senators,  secretary  directed  to  publish  act  desig- 
nating districts  for  choice  of 668 

Counties,  relative  to  taxes  in 48 

Counties  of  Cumberland  and  Lincoln,  act  in  addition  to  act  for 

jDreservation  of  fish  in  rivers  and  streams  in     .         .         .461 
of  Hampshire,  Worcester  and  Berkshire,  designated  as  a 

congressional  district 185 

of  Hancock  and  Washington,  relative  to  taxes  due  from,  to 

county  of  Lincoln 273 

of  Hancock  and  Washington,  taxes  on  towns,  districts  and 

plantations  in,  abated          .         .         .         .         .         .         .  647 

of  Lincoln,  Hancock  and  Washington,  constituted  a  district 

for  the  election  of  councillors  and  senators       .         .         .  466 
of  Lincoln,   Hancock   and   Washington,  place  of  holding 

supreme  judicial  court  for,  changed 107 

of  Plymouth,  Bristol,  Barnstable,  Dukes  County  and  Nan- 
tucket, designated  as  a  congi'essional  district     .         .         .  185 
of  Plymouth,  Dukes  County  and  Nantucket,  constituted  a 

district  for  the  election  of  councillors  and  senators  .         .  465 
of  Suffolk,  Essex  and   Middlesex,  designated  as   a  con- 
gressional district 185 


Index. 


741 


Page 


Counties  of  York,  Cumberland,  Lincoln,  Hancock  and  Washing- 
ton, designated  as  a  congressional  district 
County  of  Barnstable,  accounts   of  treasurer  allowed  and  tax 

granted 250,  611 

constituted   a   district  for  the  election  of  councillors  and 
senators 
County  of  Berkshire,  accounts  of  treasurer  allowed    and    tax 

granted        

committee  for  the  sale  of  unappropriated  lands  in,  author 

ized  relative  to  payment  for  lands  sold 
constituted   a  district  for  the  election  of  councillors  and 

senators 

tax  granted 

County  of  Bristol,  constituted  a  district  for  the  election  of  council 

lors  and  senators 

courts  of  common  pleas  and  general  sessions  of  the  i^eace 

in,  adjourned 
time   of    holding  courts   of    common   jjleas  and  general 
sessions  of  the  peace  in,  changed 
County  of  Cumberland,  constituted  a  district  for  the  election  of 

councillors  and  senators 

tax  granted 

time  of  holding  courts  of  common  pleas  and  general  ses 

sions  of  the  peace  in,  changed 

County  of  Dukes  County,  accounts  of  treasurer  allowed  and  tax 
granted 


185 


466 
213 

283 

466 
540 

466 

244 

508 

466 
549 

631 

210 

County  of  Essex,  accounts  of  treasurer  allowed  and  tax  granted   302,  607 
constituted  a  district  for  the  collection  of  excise  .         .         .  295 
constituted  a  district  for  the  election  of  councillors  and  sen- 
ators      465 

tax  granted     ..........  524 

time  of  holding  courts  of  common  pleas  and  general  ses- 
sions of  the  peace  in,  changed    ..... 

County  of  Hampshire,   accounts   of  treasurer  allowed  and  tax 

granted 234, 620 

constituted  a  district  for  the  election  of  councillors  and  sen- 
ators      465 

order  on  petition  for  division  of 161 

resolve  on  petition  for  division  of 298 

times  and  place  of  holding  courts  in,  determined        .        .  497 

County  of  Hancock,  tax  granted 640 

County  of  Lincoln,  accounts  of  treasurer  allowed  and  tax  granted  207 

order  on  petition  of  the  inhabitants  of 577 

relative  to  taxes   due  to,  from  counties  of  Hancock  and 

Washington 273 


742  Index. 

Page 

County   of  IMiddlesex,   accounts   of  treasurer  allowed   and   tax 

granted 247, 610 

constituted  a  distxict  for  the  election  of  councillors  and 

senators       ..........      465 

courts  of  common  pleas  and  general  sessions  of  the  jjeace 

in,  adjourned 205 

County  of  Norfolk,  act  in  addition  to  act  establishing     .        .        .      378 
constituted  a  district  for  the  election  of  councillors  and  sen- 
ators     466 

established Ill 

part  of  act  establishing,  repealed 353 

County  of  Plymouth,  accounts   of    treasurer  allowed   and  tax 

granted 226,530 

additional  notary  public  to  be  chosen  for      ....      527 
coui'ts  of  common  pleas  and  general  sessions  of  the  jjeace 

in,  adjourned 270 

County  of  Suflfolk,  act  in  addition  to  act  dividing  ....  378 
additional  notary  public  to  l)e  appointed  for  .  .  .  526 
constituted  a  district  for  the  election  of  councillors   and 

senators 465 

divided Ill 

part  of  act  dividing,  repealed 353 

County  of  Washington,  accounts  of  ti'casurer  allowed  and  tax 

granted 268 

time  and  place  of  holding  courts  of  common  pleas  and  gen- 
eral sessions  of  the  peace  in,  determined  ....        22 
County   of  Worcester,  accounts   of    treasui*er  allowed   and  tax 

granted 226, 632 

additional  term  of  courts  of  common  jjleas  and  general  ses- 
sions of  the  peace  in,  established 127 

constituted  a  distinct  for  the   election  of  councillors  and 

senators       ..........      466 

courts  of  common  pleas  and  general  sessions  of  the  i^eace 

in,  adjourned 202, 289 

relative  to  actions  in  courts  of  common  2>leas  and  general 

sessions  of  the  peace  in      ......        .       348 

time  of  holding  courts  of  common  pleas  and  general  ses- 
sions of  the  peace  in,  changed    ......        65 

County  of  York,  accounts  of  treasurer  allowed  and  tax  granted  231,  607 
constituted  a  district  for  the  election  of  councillors   and 

senators       ..........      466 

courts  of  common  pleas  and  general  sessions  of  the  peace 

in,  adjourned 661 

Court,  supreme  judicial,  allowance  to  justices  of    .         .         .        .      642 
authorized  to  order  pay  to  certain  witnesses         .        .        .      662 


Index. 


743 


Court,  sujireme  judicial,  authorized  i*elative  to  evidence  in  certain 
cases  involving'  confiscation  of  absentees'  estates 

for  counties  of  Lincoln,  Hancock  and  Washington,  place  of 
holding,  changed 
Courtney,  Benjamin,  relating  to 
Courts,  times  and  place  of  holding  for  county  of  Hampshire  de 

termined      .... 
Courts  of  common  pleas  and  general  sessions  of  the  peace,  for 
county  of  Bristol,  adjourned       .... 

for  county  of  Bristol,  time  of  holding  changed     . 

for  county  of  Cumbei'land,  time  of  holding  changed 

for  county  of  Essex,  time  of  holding  changed 

for  county  of  Middlesex,  adjourned 

for  county  of  Plymouth,  adjourned 

for  county  of  Washington,  time  and  place  of  holding  de 
tei'mined 

for  county  of  Worcester,  additional  term,  established 

for  county  of  Worcester,  adjourned 

for  county  of  Worcester,  relative  to  actions  in 

for  county  of  Worcester,  time  of  holding  changed 

for  county  of  York,  adjourned 
Cowen,  Daniel,  allowance  to     . 
Cowing,  Daniel,  account  allowed     . 
Cowon,  John,  relating  to  . 

Coxhall,  town  of,  order  on  petition  of  selectmen  of 
Cranch,  William,  relating  to     . 
Crane,  Elihu,  relating  to  , 
Cranson,  Elisha,  Jr.,  resolve  on  j^etition  of 
Crawford,  James,  relating  to   . 

Josiah,  relating  to . 

Willm.,  allowance  to 
Crehore,  William,  relating  to  . 
Crocker,  Ebenezer,  relating  to 

Lemuel,  relating  to 

Zaccheus,  order  on  petition  of 
Crockett,  Robinson,  Jr.,  relating  to 
Crombie,  William,  relating  to  . 
Cross,  Ralph,  relating  to  . 

Stejihen,  relating  to 
Crosswell,  Andrew,  relating  to 

Joseph,  relating  to 
Crouch,  Mr.,  relating  to    . 
Crow,  Christian,  relating  to 
Ci'owel,  Seth,  authorized  to  sell  the  real  estate  mentioned 


Page 

630 

107 
407 

497 

244 
508 
631 
78 
205 
270 

22 

127 

202,  289 

348 

65 

661 

214 

339,  676 

407 

209 

108 

468 

237 

407 

407 

292 

501 

299 

53 

257 

407 

90 

49 

49 

90 

90 

335 

623 

525 


744  Index. 

Page 

Cumberland  county,  constituted  a  district  for  the   election   of 

councillors  and  senators 466 

tax  granted 549 

time   of   holding    courts    of   common   pleas  and  general 

sessions  of  the  peace  in,  changed 631 

Cumberland  and  Lincoln  counties,  act  in  addition  to  act  for  pres- 
ervation of  fish  in  rivers  and  streams  in    .         .         .         .461 

Cumberland,  York,  Lincoln,  Hancock  and  Washington  counties, 

designated  as  a  congressional  distinct        ....  185 

Cumings,  Temperanc,  relating  to 175 

Cummings,  Nathaniel,  set  oflf  from  town  of  Gi'oton  and  annexed 

to  town  of  Dunstable 64 

Temperance,  relating  to 336 

Cummington,  town  of,  Joseph  Clarke  and  Jonathan  Deals  set  off 

from,  and  annexed  to  district  of  Plainfield         .         .         .  436 

Cui'der,  Jonathan,  relating  to 61 

Nathan,  relating  to 61 

Curtis,  Charles,  relating  to 335 

Joseph,  relating  to          ........  580 

Cushing,  Chai'les,  allowance  to 300,  666 

David,  relating  to 6 

Jacob,  relating  to 6 

Jacob,  trustee,  appointed 7 

John,  member  of  committee,  apppointed      ....  548 

Joseph,  doings  confirmed 232 

Josiah,  relating  to ... 6 

Thomas  C,  account  allowed 337 

Thomas  C,  relating  to 249 

Cushman,  Dr.  Polycarpus,  relating  to 332 

Cutler,  Jonas,  relating  to 583 

Manasseh,  relating  to 443 

Mary,  account  allowed 671 

Cutter,  Ebenezer,  allowance  to        . 167 

Mary,  account  allowed 191,  383 

Cutting,  Jona.,  allowance  to 292 

Cutts,  Richard,  and  others,  resolve  on  petition  of   .        .         .        .  524 

Thomas,  member  of  committee,  appointed   ....  311 

Thomas,  relating  to .  468 

D. 

Dadraft',  George,  relating  to      ...        .                 ...  335 

Dagget,  Arthur,  set  off  from  town  of  Sutton  and  annexed  to  town 

of  Oxford 60 

Nathan,  relating  to 11 


Index. 


745 


Page 

Dalton,  town  of,  account  allowed  for  support  of  poor    .        .        .  333 
Damon,  Abiel,  set  off  from  town  of  Norwich   and  annexed  to 

town  of  Chesterfield 447 

James,  set  off  from  town  of  Norwich  and  annexed  to  town 

of  Chesterfield 447 

Joseph,  set  off  from  town  of  Ashburnham  and  annexed  to 

town  of  Ashby 47 

Dana,  Josiah,  resolve  on  petition  of 146 

Samuel,  trustee,  apjiointed 419 

Samuel,  and  George  Richards  Minot,  resolve  on  petition  of  161 

Danby,  John,  resolve  on  i^etition  of 314 

Dane,  Nathan,  allowance  to 532 

Nathan,  relating  to 377 

Danforth,  Samuel,  authorized  to  sell  the  real  estate  mentioned      .  556 

Danvers,  town  of,  account  allowed  for  support  of  poor        .        .  333 

certain  assessment  in  South  parish  in,  declared  valid  .        .  178 

resolve  on  jietition  of  selectmen  of 223 

South  parish  in,  dissolved 423 

Darling,  Benjamin,  relating  to 208 

Samuel,  relating  to 467 

Darrow,  George,  relating  to 407 

Dartmouth,  town  of,  account  allowed  for  support  of  poor    .         .  192 

certain  inhabitants  set  off  from 62 

presei'vation  of  fish  in  rivers  and  ponds  in  .         .        .         .  23 

tax  abated 575 

to  show  cause 173 

treasurer  to  delay  issuing  execution  against         .        .         .  536 

Davis,  Amasa,  account  allowed 338 

Amasa,  to  erect  a  wharf  on  the  south  side  of  Kainsfortl 

island 171 

Amasa,  quai'termaster  general,  grant  to        ,         .        180,  552,  644 

Amasa,  quartermaster  general,  settlement  of  aec-ounts  with  .  318 

Caleb,  relating  to 15 

Daniel,  relating  to 443 

David,  relating  to 619 

Ebenezer,  relating  to      .......        .  191 

Isaac,  relating  to 61 

Israel,  3d,  to  be  paid  as  witness 662 

Jacob,  relating  to   ........         .  580 

James,  to  be  paid  as  witness 662 

John,  i-elating  to 90,  443 

Jonathan,  relating  to      ........  77 

Jonathan,  and  others,  act  in  addition  to  act  incoi'poi'ating, 

for  building  bridge  over  New  Meadow  river    .         .        .  379 

Jonathan,  Jr.,  relating  to 77 


746  Index. 

Page 

Davis,  Joshua,  relating  to 53 

Sally,  relating  to 336,673 

Samuel,  relating  to 90 

Thomas,  account  allowed 194, 666 

Thomas,  empowered  to  make  sale  of  the  land  mentioned    .      291 

Thomas,  relating  to 90,  158 

Thomas,  treasurer,  directed  to  make  repairs  to  house  where 

he  now  keeps  his  office 644 

Thomas,  treasurer,  relating  to 642,  657 

William,  relating  to 90,336,673 

Dawes,  Thomas,  account  allowed 338,  675 

Thomas,  member  of  committee,  apijointed  ....  561 
Thomas,  member  of  committee,  rejoort  acce])ted  .        .         .      657 

Thomas,  relating  to 219 

Thos.,  authorized  to  i^i'ovide  ventilators,  etc.,  for  house  of 

representatives 144 

Dayly,  Edwd.,  relating  to 671 

Dean,  Ebenezer,  trustee,  appointed 105 

Enos,  relating  to 121 

Jonathan,  relating  to 127,  408 

Joseph,  trustee,  appointed 105 

Nathaniel,  relating  to 121 

Rev.  Samuel,  trustee,  api^ointed 511 

Dearborn,  Henry,  relating  to 128 

Debt  of  the  Commonwealth,  act  to  provide  for       ....      433 

relative  to  payment  of 650 

Dedham,  town  of ,  account  allowed  foV  support  of  poor  .       192,671 

common  field  incorpoi-ated  in 408 

proprietors  of  a  common  field  in,  incorporated  .  .  .  126 
rector,  wardens   and   vestry  of  the    Episcopal   church  in, 

incorporated 601 

treasurer  to  credit  with  the  sum  mentioned  .        .        .      562 

Delap,  John,  relating  to 332 

Delesdernier,  Lewis  Frederick,  and  others,  authorized  to  lay  out 

lands  in  Township  No.  8,  in  county  of  Washington  .       182 

De  Maresquelle,  Lewis  Ansart,  allowed  to  take  the  name  Lewis 

Ansart 346 

Deming,  John,  account  allowed        ......        194,  566 

to  balance  account  of  Eleazer  eJohnson  ....      154 

to  certify  arrears  of  jmy  due  Benjamin  Adams     .        .        .      573 
to  certify  arreai's  of  i)ay  due  James  Allen     ....       616 

to  eei'tify  arreai's  of  pay  due  Prince  Bachelder  .  .  .  616 
to  certify  arrears  of  pay  due  Nathaniel  Bai'ber  .  .  .  555 
to  ceilify  ari-ears  of  jjay  due  William  Blake  .  .  .  577 
to  certify  arrears  of  pay  due  John  Burt        ....      315 


Index. 


747 


Page 

Deming,  John,  to  certify  aiTears  of  pay  due  John  Burton      .        .      315 

to  certify  arrears  of  pay  due  Zebulon  Carpenter .         .        .       639 

to  certify  arrears  of  pay  due  Thomas  Chambers  .         ,         .      572 

to  certify  arrears  of  pay  due  John  Doring    .        .         .         .572 

to  certify  arrears  of  pay  due  Richard  Draper        .        .        .553 
to  certify  arrears  of  pay  due  Jonathan  Button      .        .         .      604 
to  certify  arrears  of  pay  due  estate  of  Ezekiel  (ioodridge   .      662 
to  certify  arrears  of  pay  due  Samuel  Gilbert        .        .        .      548 
to  certify  arrears  of  pay  due  John  Johnson  ....       608 

to  certify  arrears  of  pay  due  Elijah  Kellogg        .         .        .      554 
to  certify  arrears  of  pay  due  Jeremiah  Lake        .         .        .       584 
to  certify  arrears  of  pay  due  Roger  Lord       ....      290 

to  certify  arrears  of  pay  due  Joseph  Mansfield     .         .         .621 
to  certify  arrears  of  pay  due  John  Morgan  .        .        .        .314 

to  certify  arreai'S  of  pay  due  Ashbel  Noble  ....      576 

to  certify  arrears  of  pay  due  Jabez  Nye        ....       658 

to  certify  arrears  of  pay  due  John  Phelps    ....       284 

to  certify  arrears  of  pay  due  Richard  Poor    ....      559 

to  certify  arrears  of  pay  due  Frederick  Roche      .         .        .       648 
to  certify  arrears  of  pay  due  Nathaniel  Russell    .        .         .      585 
to  certify  arrears  of  pay  due  Alexander  Smith,  Jr.       .         .      650 
to  certify  arrears  of  pay  due  Amos  and  John  Stedman         .       284 
to  certify  arrears  of  pay  due  Elisha  Turner  .         .         .      622 

to  certify  arrears  of  pay  due  Micah  Walker  .         .         .       606 

to  certify  arrears  of  pay  due  Abraham  Washburn         .        .       617 
to  certify  balance  due  estate  of  Elisha  Stuart        .         .        .       275 
to  certify  balances  due  certain  soldiers  .         .         .       160,  162 

to  certify  pay  due  heirs  of  Thomas  Gardner  .         .        .      635 

to  make  settlement  with  Richard  Devens,  late  commissary 
genei'al         ......... 

to  settle  with  committee  for  the  sale  of  absentees'  estates 

county  of  Hampshire 

Demming,  John,  account  allowed 

member  of  committee,  appointed 

to  certify  arrears  of  pay  due  Robert  Banci'oft 
to  certify  arrears  of  pay  due  Jonathan  (iardner  . 
to  certify  arrears  of  jjay  due  Luther  Hall 
to  cei'tify  arrears  of  pay  due  Joshua  Williams 
to  certify  arrears  of  pay  due  Pelham  Wood 
to  certify  pay  due  estate  of  Ezekiel  Sawyer 
Demming,  Mr.,  directed  to  discharge  Daniel  Vose  of  the  sum  men 
tioned  .......... 

Simeon,  adjutant,  .account  allowed  .... 

Dennet,  Samuel,  and  others,  order  on  petition  of     . 


175 

667 
675 
211 
589 
252 
252 
252 
288 
277 

609 
674 
165 


748 


Index. 


Page 

Dennis,  town  of,  incorporated 351 

Denny,  Samuel,  relating  to 593 

Denton,  William,  relating  to 467 

Derby  school  in  Hingham,  relative  to  taxation  of  property  of       .       309 

Derby,  Sarah,  relating  to 309 

De  Silva,  George,  relating  to 335 

Devens,  Richard,  allowance  to 551 

authorized  to  call  meeting 126 

trustee,  ajipointed 124 

late  commissary  general,  respecting  stores  in  charge  of      .      174 

Devereux,  Bm-rell,  Jr.,  relating  to 477 

Burrill,  i-elating  to 64 

Dewey,  Russell,  adjutant,  account  allowed       ....       340,  674 

Stephen,  adjutant,  account  allowed 597 

Stephen,  Jr.,  adjutant,  account  allowed  ....      674 

Dexter,  Aaron,  relating  to 443 

Samuel,  relating  to 698 

Samuel,  Jr.,  and  John  Codman,  resolve  on  petition  of        .      599 

Dickenson,  Nathaniel,  relating  to 661 

Dickinson,  Joel,  treasurer  to  discharge,  fi'om  balance  of  taxes    528,  646 
Dighton,  John,  relating  to 336,  673 


Dillingham,  John,  relating  to 

Diman,  Daniel,  relating  to         ......         . 

Dimmick,  Joseph,  account  allowed 

Dimmock,  Jabez,  account  allowed 

District  or  town,  act  in  addition  to  act  defining  legal  settlement 

and  habitancy  in 

legal  settlement  and  habitancy  in,  so  as  to  entitle  to  sup 
port,  defined        ........ 

Districts,  congressional,  established 

councillor  and  senatorial,  established    .... 
for  the  choice   of  councillors   and   senators,  secretary  di- 
rected to  publisli  act  relating  to         .... 
Districts,  towns  and  plantations,  in  counties  of  Hancock  and  Wash- 
ington, taxes  abated 

Districts  : 

Alfred,  incorporated 

Bethlehem,  tax  abated 

Bethlehem,  to  show  cause 

Boxboi'ough,  account  allowed  for  support  of  poor 
Boxborongh,  boundary  line  between  town  of  Littleton  and 

settled 

Carlisle,  opening  of  sluice  ways  in  mill  dams  on  River 

Meadow  brook  in,  regulated 

Easthamjiton,  I'csolve  on  jietition  of  the  selectmen  of  . 


54 

90 

337 

336 

107 

439 
184 
465 

668 

647 

436 
652 
244 
218 

445 

132 
144 


Index. 


749 


re 


Districts  —  Concluded. 

New  Asliford,  p;ii-t  of,  incorporated  as  town  of  Cheslii 
Plainfield,  Joseph  Clarke  and  Jonathan  Boals  annexed  to 
Dixey,  John,  relating  to   . 
Dixon,  Samuel,  relating  to 
Dobb,  William,  relating  to 
Dobbie,  John,  relating  to  . 
Doby,  Alexander,  relating  to    . 
Dodd,  James,  to  be  paid  as  witness  . 
John,  to  be  paid  as  witness    . 
Dodds,  William,  resolve  on  petition  of 
Dodge,  Barnabas,  relating  to    . 
Lydia,  account  allowed  . 
William,  relating  to 
Dole,  Nathaniel,  relating  to 
Dolen,  Thomas,  relating  to 
Domett,  Ann,  relating  to  . 

George,  authorized  to  sell  the  real  estate  mentioned 
Donaldson,  William,  adjutant  genei'al,  account  allowed 
Donnell,  Timothy,  treasurer  to  pay,  the  sum  mentioned 
Donnison,  William,  adjutant  general,  account  allowed   . 
Dorchester,  town  of,  account  allowed  for  support  of  poor 

Doring,  John,  relating  to 

Dorse,  Deborah,  relating  to 

Doud,  Nathaniel  B.,  order  on  petition  of 
Douglass,  Asa,  ti'easurer  to  stay  prosecution  against 

James,  relating  to 

Dougless,  Asa,  relating  to 

William,  allowance  to 

Dowd,  Nathaniel  B.,  relating  to        ...        . 

Down,  Hannah,  relating  to 

Downe,  Thomas,  account  allowed    .... 

Downer,  Eliphalet,  resolve  on  f)etition  of 

Dracut,  town  of,  account  allowed  for  support  of  jioor    218,  3 

Draper,  Ira,  relating  to 

Richard,  relating  to 

William,  treasurer  to  issue  notes  to 
Dudley,  town  of,  to  show  cause        .... 
Dudley  Indians,  accounts  of  guardians  of,  allowed 
guardians  of,  to  show  cause  .... 

Duggins,  Mary,  relating  to 

Dukes  County,  accounts  of  treasurer  allowed  and  tax  granted 
Dukes    County,    Nantucket,   Plymouth,   Bristol   and   Barnstable 

counties,  designated  as  a  congressional  district 
Dukes  County,  Plymouth  and  Nantucket  counties,  constituted  a 
district  for  the  election  of  councillors  and  senators 


Page 

81 
4.S6 
54 
11 
53 
407 
79 
662 
662 
525 
375 
671 
376 
222 
468 
665 
665 
674 
240 
339 
92,564 
572 
193 
585 
251 
407 
545 
545 
466 
163,  336 
219 
536 
33,  564,  671 
408 
553 
553 
627 
573 
574,  622 
334 
210 

185 


465 


750 


Index. 


Page 

Duncan,  James,  relating  to        ........  60 

Duncan,  James,  Jr.,  relating  to 60,  108 

Dunlap,  John,  relating  to 191 

Dunstable,  town   of,  certain  inlial)itants  of  town  of  Groton  an- 
nexed to 64 

Dutton,  Jonathan,  treasurer  to  issue  notes  to 604 

Duxbury,  town  of,  account  allowed  for  support  of  poor        .         .  192 

Dvvight,  Henry,  resolve  on  petition  of 243 

Jonathan,  relating  to 505 

Josiah,  brigade  major,  account  allowed        ....  674 

Dyer,  Elisha,  relating  to 407 

Michael,  relating  to 407 


E. 

Earl,  Job  and  Joshua,  set  off  from  town  of  Dartmouth  and  an- 
nexed to  town  of  Westport 62 

Easterbrooks,  Abigail,  relating  to 671 

Eastern  lands,  committee  for  the  sale  of,  empowered  to  make  sale 

of  Pleasant  mountain 633 

report  of  committee  appointed  to  examine  accounts  of        .  667 
to  execute  deeds  of  grants  for  the  encouragement  of  litera- 
ture        256 

to  sell  townships  No.  4,  5  and  6,  east  of  Union  river   .        .  541 

Easthampton,  district  of,  resolve  on  petition  of  the  selectmen  of  .  144 
Easthampton,  town  of,  account  allowed  for  support  of  poor  .  564,  596 
Easton,  town  of,  account  allowed  for  support  of  poor  .  218,  565,  671 
East  parish,  in  town  of  Salisburj^  boundary  line  between  West 

parish  and,  changed 345 

in  town  of  Salisbury,  incorporated 83 

East  ijrecinct,  in   town   of  Yarmouth,  incorpoi"ated  as  town  of 

Dennis 351 

Eaton,  Hannah,  resolve  on  petition  of 208 

Jei'emiah,  relating  to 208 

Polly,  relating  to 209 

Sally,  relating  to 209 

William,  relating  to 209 

Edes,  Benjamin  &  Son,  account  allowed 194,  598 

Edgartown,  town  of,  additional  notary  public  to  be  elected  for      .  145 

preservation  of  fish  in 439 

resolve  on  memoi'ial  of  selectmen  of     .         .        .         .        .271 

Edson,  Josiah,  relating  to 178 

Education  fund.  Baptist,  trustees  of,  incorporated  ....  472 

Edwards,  Benjarnin,  resolve  on  petition  of 271 


Index. 


'51 


Page 

Edwards,  Edward,  empowered  to  sell  the  real  estate  mentioned    .  164 

Timothy,  member  of  committee,  appointed  ....  251 

Timothy,  resolve  on  jjetition  of 201 

Egremont,  town  of,  account  allowed  for  support  of  i)oor        .         ,  671 

to  show  cause 238,  620 

Eldridge,  Daniel,  relating  to ,597 

Electors,  jiresidential,  election  of 189 

governor  requested  to  make  certilied  lists  of         .         .         .  207 

speech  of  governor  relative  to  appointment  of     .         .        .  689 

Eliott,  Andrew,  relating  to 53 

John  W.,  relating  to 53 

Ellery,  John  Stevens,  relating  to 40 

Elliott,  Rev.  John,  relating  to 443 

Ellis,  John,  relating  to 409 

Mary,  treasurer  to  issue  note  to 248 

Ellison,  Robert,  I'elating  to 333 

Elwell,  Isaac,  relating  to 40 

Ely,  Justin,  oi'der  on  petition  of 538 

Justin,  trustee,  appointed 349 

Emerson,  Jacob,  account  allowed     .......  339 

Joseph  Sewall,  allowance  to  .         .         .         .         .        .         .  214 

Rev.  William,  ti'ustee,  appointed 419 

Emery,  John,  relating  to 60 

Emmins,  Joshua,  relating  to 466 

Emmons,  Samuel,  relating  to 291 

Ejihraim,  Elizabeth,  Indian,  relating  to 656 

Episcopal  church,  in  Dedham,  rector,  wardcsns  and  vestry  of,  incor- 
porated                •         .        .         .  501 

in  Newburyport,  incorporated 453 

Episcopalian  society  in  Pittston,  incorpoi'ated 128 

Erving,  George  William,  naturalized 69 

Erving's  grant,  proprietors  of,  to  shovv  cause 262 

Esland,  Francis,  relating  to 467 

John,  relating  to 468 

John  Gore,  relating  to 468 

Essex  county,  accounts  of  ti'easurer  allowed  and  tax  granted      302,  607 

constituted  a  district  for  the  collection  of  excise  .         .        ,  295 
constituted  a  district  for  the   election   of  councillors   and 

senators 465 

tax  granted 524 

time  of  holding  courts  of  common  pleas  and  general  ses- 
sions of  the  i)eace  in,  changed 78 

Essex,  Suffolk  and  Middlesex  counties,  designated  as  a  congres- 
sional district 185 

Essex  Merrimack  bridge,  relative  to  construction  of      .        .        .  9 


752 


Index. 


Essex  Merrimack  bridge,  time  of  receiving  toll  by  proprietors  of, 
extended      .......... 

Estates  of  absentees,  John  Doming  directed  to  settle  with  com- 
mittee for  the  sale  of,  in  county  of  Hampshire 
relative  to  evidence  in  certain  cases  involving  confiscation  of 

Estates,  confiscated,  attorney  general   directed  to   bring  agents 
on,  to  speedy  settlement 


ratable,  within  the  Commonwealth,  relative  to 
enquiring  into 
Estates : 

Adams,  Joshua 
Bachelder,  Prince   . 
Barber,  Nathaniel  . 
Beal,  Joseph  . 
Benson,  Joshua 
Black,  Andrew 
Bordwell,  Enoch     . 
Bradford,  John 
Briggs,  James,  Sd  . 
Brown,  Samuel, 
Brown,  Wm.  . 
Burton,  John  . 
Chambers,  Thomas 
Church,  Richard 
Cooper,  Rev.  Samuel 
Cross,  Ralph  . 
Cutler,  Jonas  . 
Doring,  John  . 
Eaton,  Jeremiah 
Gay,  Martin    . 
Godfrey,  Solomon  . 
Goodridge,  Ezekiel 
Gragg,  Jacob 
Greenleaf,  Daniel,  Jr. 
Griifen,  James 
Hall,  Col.  Levi 
Hancock,  John 
Hatch,  Nathaniel    . 
Hierliky,  Timothy  . 
Hitchcock,  Levi 
Holbrook,  Martha  . 
Hutchinson,  Eliakim 
Ivers,  Thomas 
Jackson,  Ephraim  . 
Johnson,  John 
Jones,  Elisha  . 


method  of 


Page 

69 

667 
G30 

175 

148 


204, 


582, 


573 
616 
555 
534 
232 
321 
615 
313 
606 
.  165 
.  659 
.  314 
.  571 
.  629 
.  293 
49 
.  583 
.  572 
.  208 
.  613 
.  525 
.  562 
.  200 
.  204 
.  300 
.  603 
.  645 
.  600 
.  269 
.  272 
.  612 
.  632 
.  653 
.  591 
.  608 
166,  255,  297 


Index. 


753 


Estates  —  Concluded. 

Jones,  Josiah  . 

Josselyn,  Phillip 

Libb}',  Timothy 

Lopez,  Aaron . 

Marshall,  Dr.  Jonas 

Montague,  Nathl.  . 

Mullins,  Thomas     . 

Noyes,  John    . 

Osgood,  Samuel 

Parker,  Nathaniel  . 

Parkhurst,  Joseph  . 

Paxton,  Charles 

Pepperell,  Sir  William 

Powell,  Jeremiah   . 

Ransom,  Joseph 

Ptawson,  Elliot 

Roche,  Frederick     . 

Ruddock,  Abiel 

Ruddock,  John 

Sanger,  Richai'd 

Sawyer,  Ezekiel     . 

Shepard,  Elexander,  Jr. 

Shephard,  Alexander,  Jr. 

Smith,  Alexander,  Jr. 

Spooner,  Joshua 

Stuart,  Elisha 

Sumner,  John 

Tarbell,  Samuel      . 

Thatcher,  Samuel  . 

Tidmarch,  Richard 

Tidmarsh,  Richard 

Ton-ey,  John  . 

Twitchell,  Joseph  . 

Walker,  Micah 

Wheelwright,  Nathaniel 

Whiting,  William  . 

Willard,  Aaron 

Willard,  Levi  and  Catharine 

WinsloAV,  Isaac 

Wood,  Pelliam 

Woods,  Capt.  Solomon 

Wyman,  Samuel,  Jr. 
Etheridge,  Young  &,  account  allowed 
Eustis,  William,  relating  to 

Dr.  William,  account  allowed 


Page 

257 
20.3 
233 
>10,  586 

64 
261 
171 
580 
570 
200 

64 
160 
629 
664 
279 
297 
648 
156 
157 
571 
277 
659 
639 
650 
534 
274 
315 
288 
254 
311 
164 
572 
304 
606 
159 
634 
581 
276 
317 
287 

64 
171 
337 
158 
218 


754 


Index. 


Eustis,  Dr.  William,  relating  to 
Everett,  Abel,  relating  to  . 

Asa,  I'elating  to 

Ebenezer,  relating  to 

William,  Jr.,  relating  to 
Ewell,  John,  relating  to    . 
Excise,  county  of  Essex  constituted  a  district  for  the  collection  of 
Executors  and  administi'ators,  act  for  limiting  time  in  which  suits 
may  be  prosecuted  against,  etc.,  suspended 


Page 

688 
127 
127 
127 
127 
447 
295 

68 


F. 

Fabyan,  Joshua,  relating  to      .        .        . 468 

Fairbank,  John,  relating  to 127 

Fairbanks,  Benjamin,  I'elating  to 79 

Sapiuel,  relating  to 43 

Samuel,  and  Mai*ey  Torrey,  empowered  to  sell  the  real 

estate  mentioned 572 

Fairfield,  Josiah,  member  of  committee,  appointed         .         .        .  548 

Fales,  Ebenezer,  relating  to 127 

Samuel,  treasurer  to  credit,  with  the  sum  mentioned    .        .  527 

Samuel,  trustee,  aj^pointed 45,  105 

Falmouth,  town  of,  additional  notary  public  to  be  elected  for        .  145 
jiroprietors  of  bridge  over  Back  Cove  river  between  town 

of  Portland  and,  incorporated 502 

Fanel,  John,  relating  to     .         .         .                  .....  564 

Fanning,  Anna,  relating  to 334, 565,  672 

Fargo,  Ezekiel,  relating  to 466 

Farmington,  town  of,  incorporated 432 

Farnsworth,  William,  treasurer  to  issue  notes  to     .         .         .        .  295 

Farnum,  Benjamin,  and  Thomas  Kitteridge,  order  on  petition  of  .  583 

Farrington,  Amos,  relating  to 477 

Ebenr.,  Jr.,  relating  to 61 

Samuel,  relating  to 61 

Thomas,  attorney  general  directed  to  prosecute   .        .        .  650 

Thomas,  relating  to 477 

William,  relating  to 477 

William,  Jr ,  x-elating*to 477 

Fassett,  Joseph,  relating  to 161 

Fay,  Jonathan,  account  allowed 565 

Fearn,  James,  relating  to 477 

Samuel,  relating  to 477 

Fellows,  Nathaniel,  relating  to 15 

Fessenden,  John,  relating  to 120 

John,  and  others,  authorized  to  survey  a  public  I'oad  from 

town  of  Boston  to  town  of  Worcester        ....  146 


Index. 


755 


Fessenden,  John,  and  others,  to  ascertain  most  convenient  place 
for  a  road  between  towns  of  Boston  and  Worcester 

William,  and  others,  resolve  on  petition  of  . 
Field,  Samuel,  adjutant,  account  allowed        ....       340, 

Spencer,  allowance  to 

First  Bajitist  society,  in  Sandisfield,  incorporated    .... 

of  Sandisfield,  order  on  jDCtition  for  incorporation  of  . 
P'irst    Congregational    society    in    Mendon,    act    incorporating, 

repealed 

First  Congregational  society,  in  town  of  Taunton,  trustees  of,  ap- 
pointed  

First  parish,  in  town  of  Bradford, order  on  petition  of  inhabitants  of 

in  town  of  Reading,  to  show  cause        ....       215, 

in  town  of  Stoughton,  order  on  petition  of  inhabitants  of    . 
First  precinct,  in  town  of  Marshfield,  assessors  of,  empowered  to 
issue  warrants     ........ 

Fii'st  religious  society  in  Newburyport,  incorporated 

Ksh,  act  in  addition  to  act  for  presei'vation  of,  in  Ipswich  river 

act  in  addition  to   act  for  preservation  of,  in  rivers   and 
streams  in  counties  of  Cumberland  and  Lincoln 

preservation  of,  in  town  of  Edgaitown 

preservation  of,  in  I'ivers  and  ponds  in  town  of  Dartmouth 

town  of  Newbury  to  regulate  the  taiiiug  of,  in  river  Parker 
Fisher,  David,  relating  to 

Moses,  and  family,  set  ofT  from  West  precinct  in  Medway 
and  annexed  to  town  of  Franklin       .... 

Nathaniel,  relating  to 

Nathaniel,  and  others,  order  on  petition  of   . 
Fisheries,  in  Mei-rimack  river,  act  in  addition  to  act  regulating 

in  Connecticut  river,  in  town  of  South  Iladley,  regulated 

in  Mystic  river,  act  for  preservation  of,  continued 

in  Taunton  great  river,  regulated 

Fishery,  salmon,  shad  and  alewife,  in  rivers  and  streams  in  town 

of  Andover,  regulated        .... 
Fisk,  David,  to  be  paid  as  witness    .... 

James,  order  on  petition  of    . 

William,  brigade  major,  accovuit  allowed 

Fitts,  Abraham,  relating  to 

Fitz,  Jeremiah,  relating  to 

Mark,  relating  to 

Moses,  relating  to 

Flagg,  Samuel,  allowance  to 

Samuel,  resolve  on  2>etition  of       .        .         . 

Samuel,  treasurer  to  issue  note  to 

Susannah,  relating  to 

Fleet,  John,  Jr.,  account  allowed     .... 


551,587, 


Page 

2U 
304 
675 
292 
466 
585 

42 

104 
611 
605 
557 

223 
453 
131 

461 

439 

23 

67 

127 

22 
549 
580 
494 

507 

500 

92 

119 
662 
285 
340 
128 

60 
427 

40 
655 
175 
659 
478 
596 


756  Index. 

Page 

Fliatstown,  township  of,  certain  settlers  in,  quieted        .        .         .  216 

Fobes,  Timothy,  resolve  on  petition  of 264 

Follet,  Robert,  relating  to 6 

Fore  river,  proprietors  of  the  bridge  over,  between  towns  of  Port- 
land and  Cape  Elizabeth,  incorporated       ....  468 
relative  to  the  erection  of  a  Ijridge  over        .         .        .        .149 
Forfeitures  of  pei'sonal  property  and  fines,  mode  of  recovering, 

prescribed 450 

Forsyth,  Jonathan,  relating  to 467 

Fosgate,  Ezekiel,  relating  to 239 

Foster,  Bossenger,  discharged  from  the  trust  stated        .        .        .  300 

David,  allowance  to 579 

Dwight,  account  allowed 337, 565 

Dwight,  and  others,  resolve  on  memorial  of         .         .         .  176 

Rev.  Emerson,  allowance  to 554 

James,  account  allowed 194,  219 

James,  account  of,  to  be  examined        .....  173 

James,  Jr.,  allowance  to 181 

James,  Jr.,  resolve  on  petition  of 614 

Joseph,  relating  to 40 

Nathaniel,  relating  to 102 

Samuel,  account  allowed 566, 676 

Samuel,  allowance  to 529 

Samuel,  relating  to 145 

Thomas,  relating  to 40 

Zadock,  allowance  to 292 

Fourth  religious  society  in  Newburypoit,  incorporated          .        .  453 

Fowler,  Isaac,  relating  to 6 

Samuel,  to  issue  warrant 351 

Samuel,  trustee,  appointed 349 

Samuel,  and  William  Shepherd,  resolve  on  memorial  of     .  157 

Simeon,  to  issue  warrant 464,  465 

Fox  island,  purchasei's  and  settlers   of,  discharged  of  the  sum 

mentioned 264 

Fox,  John,  trustee,  appointed 511 

Foxborough,  town  of,  certain  inhabitants  of  towns  of  Sharon  and 

Stoughton  annexed  to 79 

Foxcraft,  Francis,  account  allowed 564 

Dr.,  relating  to 333 

Framingham,  town  of,  account  allowed  for  suppoi't  of  poor  .       333,  671 

Francisborough,  plantation  of,  incorporated  as  town  of  Cornish   .  509 

tax  abated 647 

Frankfort,  town  of,  part  of,  incorporated  as  town  of  Prospect       .  463 
part  of,  with  plantation  of  Sowei'dabscook,  incorporated  as 

town  of  Hampden 464 

Franklin,  town  of,  accoimt  allowed  for  support  of  poor         .       192,  333 


Index. 


757 


Page 

Franklin,  town  of,  boundaiy  line  between  town  of  Medway  and, 

established 46 

certain  inhabitants  of  the  '^^^est  precinct  in  Medway,  an- 
nexed to 22 

Franklin,  William,  relating  to 193,  334,  565 

Frazier,  Nathan,  relating  to 629 

Freeman,  Benjamin,  set  off  from  town  of  Charlton  and  annexed 

to  town  of  Sturbridge 29 

Rev.  James,  relating  to 443 

Nathaniel,  relating  to 443 

Nathaniel,  brigade  major,  account  allowed  .         .         .       340,  675 

Samuel,  to  aj^point  time  and  place  of  holding  meeting         .  512 

Samuel,  trustee,  appointed     .......  511 

Samuel,  and  others,  resolve  on  petition  of    .         .        .        .  541 

Silas,  and  Eli  Hammond,  order  on  petition  of       .         .         .  640 

Solomon,  relating  to 529 

Freetown,  town  of,  account  allowed  for  supjjort  of  poor        .        ,  597 

to  be  credited  with  the  sum  mentioned          ....  276 

Freetown,  Rochester  and  Middleborough,  towns  of,  act  in  addition 

to  act  incorporating  the  Congregational  iDrecinct  in          .  493 

Congregational  precinct  in,  incorporated      ....  101 

French,  Daniel,  relating  to        ........  54 

Ebenezer,  relating  to      .         .         .         .         .         .         .         .  n 

James,  relating  to 11 

James,  Jr.,  i-elating  to 11 

John,  I'elating  to    .         .         .         .         .         .         .         .         .  n 

Josiah,  relating  to I45 

Frisbie,  Thaddeus,  adjutant,  account  allowed 34O 

Frisby,  Rachael,  relating  to 565 

Frost,  Abijah,  allowance  to 528 

Frothingham,  Andrew,  relating  to  .         .         .         .         .         .         .  427 

John,  trustee,  appointed         .         .         .         .         .         .         .511 

Fryeburg  academy,  additional  lands  granted  to  trustees  of    .         .  304 

trustees  of,  authorized  to  buy  certain  real  estate  .         .         .  633 

Fuller,  Aaron,  relating  to 6 

Amos,  Jr.,  and  others,  order  on  petition  of  .         .         .         .  610 

Daniel,  relating  to 478 

Ebenezer,  relating  to 6 

Joseph,  I'elating  to 478 

Josiah,  relating  to 299 

Capt.  John,  grant  to,  to  pay  for  clothing       ....  266 

Nathaniel,  relating  to 6 

Robert,  and  others,  order  on  petition  of        ...         ,  610 

William,  relating  to 299 

Fusileei's,  Independent  Company  of,  Capt.  Joseph  Laughtou  re- 
instated in  command  of 212 


758 


Index. 


G. 

Gage,  Jonathan,  relating  to 

Gen.  Thomas,  relating  to 
Gallusha,  Daniel,  relating  to  . 
Galnsha,  Nathaniel,  relating  to 

Rachel,  relating  to 190,  33G, 

Ganet,  Barzillai,  relating  to 

Gardiner,  Gideon,  relating  to    . 

Gardner,  town  of,  Joel  Brooks  annexed  to 

to  show  cause 
Gardner,  Ann,  treasurer  to  issue  note  to 

Henry,  relating  to 228, 

John,  account  allowed 194,337, 

John,  and  others,  order  on  petition  of 

Jonathan,  treasurer  to  issue  note  to 

Rebecca,  relating  to        .        .        . 
Garrison  at  Castle  island,  establishment  for    .        .        .        ,291, 

message  of  governor  relative  to  desertions  from  . 
Gari'ison  and  convicts  at  Castle  island,  govei'nor  and  council  re 


ng,  with    provision 


the  sum  mentioned 


supplies  furnished  to 


and 
236, 


quested  to  examine  accounts  for 

treasurer  to  contract  for  supjilyi 
clothing       .... 

Gatchell, ,  relating  to 

Gates,  Lemuel,  relating  to 

Makepeace,  to  be  discharged  from 

Samuel,  resolve  on  petition  of 
Gay,  James,  and  wife,  relating  to    . 

Martin,  relating  to  . 

Moses,  relating  to  . 

Rufus,  I'elating  to  . 

Ruth,  resolve  on  petition  of   . 

Seth,  I'elating  to      .         .        . 
Gee,  William,  relating  to 
General  court,  address  of,  in  reply  to  govci-nor's  speech 

address  of,  in  reply  to  lieutenant  governor's  speecli 

continuance  of  matters  referred  to  .         .         . 

members  of,  pay  established  .        .         172,  202,  271, .' 
General  issue,  may  be  pleaded  in  certain  cases 
George,  Nancy,  relating  to        ...        . 

Sarah,  Indian,  relating  to       .         .         . 
Geoi'ge's  river,  Charles  Barrett  empowered  to  open  a  canal  tin 

prder  on   ])etition  of   Cliarles  Barrett  foi"  liberty  to  erect 

locks  in 

Georgetown,  town  of,  account  allowed  for  support  of  poor    192,  334, 


197,  240, 

199, 
543,  581, 


Page 
427 

302 
477 
467 
597 
128 
128 
446 
151 
635 
231 
565 
539 
252 
564 
588 
705 

253 

657 
530 

40 
237 
612 
565 
613 
407 
128 
613 
128 

40 
705 
636 
569 
632 

65 
335 
564 

73 

211 
671 


Index. 


759 


Page 
Georgetown,  town  of,  execution  issued  against  collector  of,  sus- 
pended           574 

tax  abated 160, 623 

to  be  credited  with  the  sum  mentioned          ....  320 
Georgia,  secretary  of  the  Commonwealth  directed  to  obtain  coj^y 

of  the  record  of  the  case  against 315 

Gerrish,  John,  relating  to 14 

Geyer,  Frederick  William,  oixler  on  petition  of       ...        .  605 

Frederick  William,  i-elating  to 15 

Frederick  William,  resolve  on  petition  of      .         .        .        .  629 

John  Just,  relating  to 248 

John  Just,  to  he  liberated  from  prison          ....  243 

Giddings,  Daniel,  to  call  meeting 115 

Giffin,  Robert,  relating  to 193,  336 

Gifford,  Warren,  set  off  from  town  of  Dartmouth  and  annexed 

to  town  of  Westport 62 

Gilbert,  Nathaniel,  relating  to 54 

Samuel,  treasurer  to  issue  notes  to 548 

Gile,  John  Kezer,  relating  to 60 

Gill,  town  of,  act  in  addition  to  act  incorporating   ....  494 

incorporated 417 

Gill,  Moses,  and  others,  resolve  on  memorial  of     .         .         .        .  176 

Gillmore,  Joel,  relating  to 673 

Gilli^ati'ick,  Richard,  relating  to 25 

Gilpatrick,  Joseph,  to  issue  warrant        ......  472 

Gilson,  Nathaniel,  relating  to 250 

Glass  manufactory,  act  for  encouragement  of         ....  346 

Gloucester,  town  of,  account  allowed  for  support  of  poor     .       334,  671 

act  for  securing  the  growth  of  wood  and  timber  in  tract  of 

woodland  in .         .         .114 

Independent  Christian  church  in,  incorporated     ...  40 

Godfrey,  George,  relating  to 121 

George,  to  issue  warrant 122 

Job,  trustee,  appointed 105 

Marcy,  resolve  on  jietition  of         .....         .  525 

Rufus,  relating  to  ........         .  121 

Russell,  relating  to 121 

Solomon,  relating  to       .......         .  525 

Goffe,  Simeon,  I'clating  to         ........  11 

Goldsborough,  town  of,  additional  notary  pulilic  to  be  elected  for  145 

Goodale,  Paul,  to  be  jjaid  as  witness 662 

Goodhue,  Benja.,  relating  to 698 

Gooding,  John,  relating  to         .......         .  333 

Goodrich,  Silas,  relating  to 231 

Goodridge,  Barnard,  treasurer  to  issue  notes  to       ...         .  562 


760 


Index. 


on  petition  of 


oor 

lines  between 


tionecl 


Goodridge,  Ezekiel,  I'elating  to        .         .        . 

Moses,  relating  to 

Goodwin,  Dominions,  relating  to      .        ,        . 

Ichabod,  member  of  committee,  appointed 

John,  relating  to 

Nathaniel,  relating  to     . 
Simeon,  relating  to        ...        . 
William,  relating  to        ...        . 
Gore,  Christopher,  and  Benjamin  Lincoln,  resolve 
Cristopher,  relating  to   . 

Gordon,  Jno.,  relating  to 

Gorliam,  town  of,  account  allowed  for  support  of 
Gorham,  Buxton  and  Standish,  towns  of,  boundary 

established 

boundary  lines  between,  to  be  run 
Gorham,  Nathaniel,  relating  to        .         .        . 
Nathaniel,  ti'ustee,  appointed 
Prince,  treasurer  to  credit  with  the  sum  me 
Samuel,  relating  to         ...         . 
William,  trustee,  appointed   . 
Goss,  Zebulon,  and  others,  order  on  petition  of,  to  be  set  off  from 
town  of  Upton  and  annexed  to  town  of  Mendon 

Gott,  Ebenezer,  relating  to 

John,  relating  to 

Gould,  Josiah,  adjutant,  account  allowed         .... 
Governor,  address  of  general  court  in  i-eply  to  speech  of,  at  open 
ing  of  November  session,  1792  .        .        .        .        . 
address  of  general  court  in  reply  to  speech  of,  at  opening 

of  January  session,  1792     . 
.address  of  general  court  in  reply  to  speech  of,  at  opening 

of  September  session,  1793 
requested  to    issue    proclamation    relative    to    infectious 

disease       

i-equested  to  make  certified  lists  of  presidential  electors 
requested  to  Avrite  governor  of  Connecticut  relative  to 

boundary  line 

to  transmit  certificates  to  persons  chosen  as  members  of 

congress 

to  transmit  certificates  to  persons  chosen   as   presidential 

electors        

Governor,  message  of,  relative  to  desertions  from  garrison   at 

Castle  island 

relative  to  hackney  coaches  and  their  drivers  in  town  of 

Boston 

relative  to  meetinof  both  houses  of  the  legislature 


Page 

562 

477 

468 

149 

54 

90 

128 

90 

309 

210 

676 

334 

618 
303 
157 
124 
634 
54 
511 

616 
40 
40 

674 

197 

240 

70.'i 

593 
207 

319 

186 

190 

705 

690 

689 


Index. 


761 


Page 

Govei'nor,  message  of,  relative  to  members  of  congress         .        .  698 

relative  to  resignation  of  Maj.  Gen.  Newell          .        .         .  685 

relative  to  resignation  of  Maj.  Gen.  Titcomb         .        .        .  685 

relative  to  resolve  in  favor  of  Thomas  Bowling  and  others  704 

relative  to  revision  of  militia  laws 698 

relative  to  state  of  the  treasury 696 

relative  to  taking  measures  to  prevent  sj^reacl  of  infectious 

disease 704 

relative  to  troops  ordered  on  duty  at  Castle  island       .        .  688 

Governor,  speech  of,  at  opening  of  May  session,  1792    .        .        .  681 

at  opening  of  November  session,  1792 685 

at  opening  of  January  session,  1792 691 

at  opening  of  September  session,  1793          ....  G99 

in  November  session,  1792 689 

Governor  and  council  requested  to  examine  accounts  for  supjjlies 

furnished  gan-ison  and  convicts  at  Castle  island       .        .  253 

Gowdey,  Levi,  relating  to 477 

Grafton  Indians,  guardians  of,  empowered  to  make  deed      .         ,  663 

trustees  of,  empowered  to  sell  land 167 

Grafton,  Joseph,  relating  to 472 

Gragg,  Jacob,  relating  to 200 

Granby,  town  of,  account  allowed  for  support  of  poor  .        .         .  334 
Grand  jurors,  act  in  addition  to  act  regulating  the  appointment 

and  services  of 495 

Grant,  Peter,  relating  to 128 

Thoms.,  and  wife,  relating  to 564,  07 1 

Graves,  Ebenezer,  relating  to 54 

Rand,  relating  to 477 

Gi'ay,  Edwd.,  account  allowed 674 

Harrison,  relating  to 267,  624 

Great  Barrington,  town  of,  grant  to,  for  powder  and  lead  used  in 

government  service 258 

resolve  on  petition  of  assessors  of 247 

to  show  cause 585 

Gi'eaton,  Nathaniel,  relating  to II4 

Greely,  Asa,  and  others,  order  on  petition  of 604 

Green,  John,  relating  to 60 

John,  Jr.,  authorized  to  execute  a  deed  of  the  land  men- 
tioned    612 

Dr.  John,  relating  to I93 

Samuel,  relating  to 335,  477,  596 

Samuel  H.,  relating  to 477 

Sarah,  relating  to 162 

Thomas,  relating  to 472 

Thomas,  assistant  clerk  of  the  senate,  allowance  to     310,  591,  669 


762 


Index. 


Green,  Timo.,  relating  to 

Willm.,  allowance  to 
Greene,  town  of,  account  allowed  for  support  of  poor 
Greene,  David,  relating  to 

Thomas,  account  allowed 

Thomas,  allowance  to     . 
Greenfield,  town  of,  account  allowed  for  support  of  poor 

act  in  addition  to  act  incorporating  part  of, 

additional  notaiy  ijublic  to  be  elected  for 

part  of,  incorporated  as  town  of  Gill 
Greenleaf,  Abel,  relating  to 

Benjamen,  relating  to     . 

Benjamin,  relating  to 

Daniel,  relating  to  . 

Daniel,  Jr.,  relating  to   . 

James,  relating  to  . 

John,  relating  to     . 

William,  relating  to 

William,  Jr.,  relating  to 

William,  Jr.,  brigade  major, 
Greenough,  Thomas,  relating  to 

William,  relating  to 
Greenwood,  Enoch,  allowance  to 
Griffen,  James,  relating  to 
Griffin,  Robert,  relating  to 
Groton,  town  of,  academy  established  in 

account  allowed  for  support  of  poor     . 

additional  notary  public  to  be  elected  for 

certain  inhabitants  set  ofl'  from 
Guardian  of  the  Natick  Indians,  allowance  to 

appointed 

Guardians,  of  Dudley  Indians,  account  allowed 

of  Dudley  Indians,  to  show  cause 

of  Grafton  Indians,  empowered  to  make  deed 

Guild,  Moses,  relating  to 

Gunpowder,  relative  to  the  transportation  and  storage  of 
of  Boston 


as  town  of  Gill 


account  allowed 


Page 

671 

293 

334, 671 

15 

339 
553 
192,  334,  596 


494 

145 

417 

427 

711 

427 

60 

204 

60 

427 

60,  237 

60 

193 

556 

222 

614 

300 

174,  218 
419 

334,  671 
145 
64 
656 
305 
573 

574, 622 
663 
127 


in  town 


21 


H. 


Haden,  John,  relating  to 

Hadley,  town  of,  account  allowed  for  support  of  poor 

to  show  cause 

Haere,  Francis,  discharged  f  I'om  a  judgment  . 


.      407 

334, 671 

.      661 

.      164 


Index. 


763 


of 


Hale,  Benjamin,  i*elating  to      .        .        . 

Thomas,  Jr.,  resolve  on  petition  of 
Haliburton,  George,  relating  to 
Hall,  Aaron,  relating  to    . 

Abijah,  relating  to . 

Andrew,  relating  to        .        .        . 

Atherton,  to  issue  warrant 

Benjamin,  relating  to      .         .         . 

Calven,  ti'easurer  to  jmy 

Ebenezer,  relating  to      .         .        . 

Ebenezer,  and  others,  order  on  j^etition 

Ebenezer,  Jr.,  relating  to 

Elizabeth,  relating  to     .        . 

Enoch,  relating  to  . 

Fitch,  dejiuty  adjutant  general,  account  allowed 

George,  and  others,  resolve  on  petition  of     . 

Henry,  relating  to 

Jei'emiah,  resolve  on  petition  of    . 

John,  set  olf  from  town  of  Ashburnham  and  annexed  to 
town  of  Ashby     .... 

Col.  Levi,  relating  to      .         .        . 

Luther,  relating  to  .        .         . 

Mary,  relating  to    . 

Nathan,  relating  to        .         .        . 

Nathaniel,  relating  to     . 

Dr.  Parcivel,  relating  to 

Percival,  relating  to        .         .        . 

Robert,  relating  to         .        .        . 

Sai'ah,  empowered  to  sell  the  I'eal  estate  mentioned 

Willis,  relating  to  . 
Hallowell  academy,  number  of  trustees  of,  to  constitute 

rum,  established 

Hamilton,  town  of,  incorporated  .... 
Hamilton,  Moses,  allowance  to  ...  . 
Hamlin,  Africa,  relating  to 

George,  to  be  dischai'ged  from  confinement . 
Hammatt,  Abraham,  relating  to        ...         . 

Barnabas,  relating  to      ....         . 
Hammond,  Calvin,  allowance  to  heirs  of 

Eli,  and  Silas  Freeman,  order  on  petition  of 

Nathaniel,  member  of  committee,  appointed 

Nathl.,  relating  to  . 
Hampden,  town  of,  incorporated      .... 
Hampshire  county,  accounts  of  treasurer  allowed  and  tax  granted 

234 


191, 

412, 
quo- 


Page 

40 
641 
407 

40 
145 
412 
352 
412 
252 
412 
625 
412 
145 

53 
339 
283 

47 
638 

47 
603 
252 
145 
145 
128 
597 
oGf) 
336 
603 
663 

68 
375 
305 
267 
248 

90 
102 
545 
640 
299 
601 
464 

620 


764 


Index. 


Hampshire  county,  constituted  a  district  for  the  election  of  coun 
cillors  and  senators 

order  on  j)etition  for  division  of     .        .        .        .        . 

resolve  on  petition  for  division  of  .... 

times  and  place  of  holding  courts  in,  determined 
Hampshire,  Worcester  and  Berkshire  counties,  designated  as  a 

congressional  district  . 
Hampton,  John,  relating  to       .        .         . 
Hancock  county,  tax  granted    . 

Hancock  and  Washington  counties,  relative  to  taxes  due  from,  to 
county  of  Lincoln        ...... 

taxes  on  towns,  districts  and  plantations  in,  abated 
Hancock,  Lincoln  and  Washington  counties,  constituted  a  district 
for  the  election  of  councillors  and  senators 

place  of  holding  supreme  judicial  court  for,  changed 
Hancock,  Washington,  York,  Cumberland  and  Lincoln  counties 

designated  as  a  congressional  district        ... 
Hancock,  town  of,  exemijted  from  operation  of  school  act  for 

term  of  three  years     . 
Hancock,  Ebenezer,  account  allowed 

John,  account  allowed    . 

John,  relating  to     . 

John,  and  wife,  relating  to     . 

William,  treasurer  to  issue  notes  to 
Handway,  Nancy,  relating  to    . 
Hannah,  John,  relating  to         .        .         . 
Hannibury,  Nicholas,  relating  to 
Hannum,  Caleb,  relating  to      .        .        . 
Hanover,  town  of,  account  allowed  for  suppor 
Harden,  Stephen,  adjutant,  account  allowed 
Harding,  Capt.  Samuel,  relating  to  . 
Hardy,  Daniel,  relating  to         .         .         . 

Thomas,  relating  to        .         .         . 
Hare,  Francis,  resolve  on  petition  of 
Harlow,  Isaac,  relating  to         .        .        . 

Jesse,  relating  to    . 
Harmon,  John  Simpson,  relating  to 

Jonathan,  relating  to      .         .         . 

Samuel,  relating  to         .         .         . 
Harpswell,  town  of,  to  show  cause  . 
Harriman,  Joel,  relating  to       .         .         . 
Harrington,  Peter,  allowance  to 

Robert,  discharged  from  debt  due  on  a 
Harris,  Richard,  allowance  to  . 
Silvanus,  relating  to       . 


Page 

465 
161 
298 
497 

185 

597,  673 

640 

273 
647 


t  of  iJoor 


bond 


466 
107 

185 


282 
194 
339 
645 
218,333,564,671 
238 
333 
333 
192 
243 
334 
674 
618 
108 
228 
284 
90 
208 
234 
234 
234 
608 
60 
545 
252 
283 
467 


Index. 


765 


Page 

Hai'ris,  Rev.  Thadeiis  Mason,  I'elating  to 443 

William,  account  allowed       . 338 

William,  allowance  to 666 

HaiTison,  Samuel,  relating  to 672 

Samuel,  and  son,  i-elating  to 218 

Hart,  Henry,  i-elating  to 25 

Jacob,  treasurer  to  issue  notes  to 152 

Harthway,  Levi,  relating  to 193 

Hai'twell,  Daniel,  adjutant,  account  allowed 674 

Harvard  college,  president  and  fellows  of,  authorized  to  sell  and 

exchange  land  belonging  to 307 

Harvey,  Ephraim,  relating  to 121 

Harwood,  Oliver,  to  be  paid  wages  as  a  soldier       ....      627 

Haskin,  Barnett,  relating  to 40 

Hastings,  Jonathan,  account  allowed 338 

Richard,  relating  to 60 

Seth,  order  on  petition  of 591 

Waitstill,  and  Abigail,  relating  to 556 

Hatch,  Mark,  relating  to 407 

Nathaniel,  relating  to 600 

Haven,  John,  and  John  Stone,  empowered  to  confirm  and  I'elease 

the  tract  of  land  mentioned 145 

John,  and  John  Stone,  may  be  licensed  as  innholders  .        .       198 

Noah,  to  be  paid  as  witness 662 

Haverhill,  town  of,  account  allowed  for  support  of  poor       .       565,  672 

act  in  addition  to  act  incorporating  proprietors  of  bridge 
over  Merrimack  river  between  town  of  Bradford  and 

additional  notary  public  to  be  elected  for    . 

Baptist  religious  society  in,  incorjiorated 

proi^rietors  of  bridge  over  Merrimack  river  between 
of  Bradford  and,  incorporated  .... 

tax  abated       . 

Hawes,  David,  relating  to 

Hawkins,  Nathaniel,  relating  to 

Hawley  (formerly  No.  7),  plantation  of,  tax  abated 
Hawley,  town  of,  boundary  line  re-established 

order  on  petition  of  Christopher  Colson  and  others 

set  off  from 

Hayden,  Dr.,  relating  to 

Hayward,  Joseph,  relating  to 

Samuel,  relating  to 

Health  officers,  appointment  of,  in  towns,  authorized     . 
Heath,  Aaron,  relating  to 

Benjamin,  relating  to 

Ira,  relating  to 


town 


to  be 


442 
145 

60 

108 
594 
407 
124 
647 
69 

544 
191 
121 
121 
593 
466 
467 
466 


766 


Index. 


of  Indians,  resolve 


on  memo 


Heath,  Levi,  relating  to    . 

Samuel,  relating  to 

William,  doings  of,  confirmed 

William,  Jr.,  authorized  to  sell  the  real  estate  mentioned 
Hebron,  toAvn  of,  tax  abated 
Hecox,  John,  relating  to  . 
Hedge,  Barnabas,  Jr.,  relating  to 
Hem]),  bounty  on,  continued     . 
Henderson,  Josejih,  execution  against,  to  be  discharged 

Joseph,  process  against,  to  be  suspended 

Josejjh,  resolve  on  petition  of 
Hendi'ick,  John,  relating  to 
Heney,  Archibald,  relating  to  . 
Henshaw,  Samuel,  relating  to  . 
Hei'rick,  Andrew,  relating  to    . 

Josejjh,  relating  to 

Samuel,  I'elating  to 
Herriman,  Joseph,  relating  to 
Herring  Pond  and  Marshpee  tribes 

rial  of  overseei's  of 
Hewins,  Joseph,  relating  to 
Hicock,  John,  relating  to  . 
Hide,  Caleb,  relating  to     . 
Hierliky,  Timothy,  relating  to 
Higgins,  Barnabas,  relating  to 
Higginson,  Ralf,  relating  to 

Stej^hen,  relating  to 
Hill,  James,  allowance  to 

Jeptha,  relating  to . 

Jeremiah,  relating  to 

Jonathan,  relating  to 
Hillegas,  Michael,  relating  to 
Hingham,  town  of,  relative  to  taxation  of  projierty  of  Derby 

school  in 
Hinman,  Abijah,  relating  to 

Reuben,  relating  to 
Historical  society,  Massachusetts,  incorporated 

to  be  furnished  with,  cei'tain  publications 
Hitchcock,  Dr.  Gad,  Jr.,  relating  to 

Josiah,  allowance  to       .         .         . 

Levi,  relating  to     . 

Thomas,  resolve  on  petition  of 
Hoar,  Jonathan,  ti'easurer  to  issue  notes  to 
Hobart,  David,  relating  to         .         .         . 

Nehimiah,  relating  to     . 
Hobbs,  Joseph,  to  be  discharged  from  the  sum  mentioned 


Page 

466 
466 
578 
534 
249 
578 

90 
177 
166 
245 
262 
193 
407 
505 
407 

40 
209 

60 


299 

79 

248 

579, 665 
269 
407 

670,  671 

15 

582 

407 

468 

333,  671 
645 

309 
649 
268 
443 
309 
596 
272 
272 
284 
294 
60 
295 
586 


Index. 


767 


Page 

Hodgdon,  James,  relating  to 53 

Jeremiah,  relating  to 53 

Thomas,  resolve  on  petition  of 206 

Hodge,  Benjamin,  relating  to 79 

Michael,  relating  to 167,427 

Hodges,  Henry,  relating  to 121 

Seth,  relating  to 121 

Thomas,  relating  to 121 

Zephaniah,  relating  to 121 

Holbrook,  Abel,  relating  to 612 

Ichabod,  resolve  on  petition  of 569 

Jonathan,  relating  to 407 

Martha,  relating  to 612 

Holden,  town  of,  boundary  line  between  town  of  Paxton  and,  es- 
tablished        120 

Holden,  Jabez,  relating  to 466 

Holembeck,  Derick,  resolve  on  petition  of 624 

Holland,  Park,  allowance  to 285 

Hollowell,  Henry,  relating  to 477 

Theophilus,  relating  to 477 

Holman,  Silas,  empowered  to  make  and  execute  deed  of  the  land 

mentioned 270 

Thomas,  relating  to 466 

Holmes,  Bartlett,  resolve  on  petition  of 589 

Homan,  John,  relating  to 564 

Richard,  relating  to 54 

Homans,  John,  I'elating  to 192 

Homer,  Cyrus,  adjutant,  account  allowed         .....  674 

John,  account  allowed 675 

Honeybrooks,  Abigail,  relating  to 218,  565 

Hooker,  Joseph,  to  be  discharged  of  the  sum  mentioned         .         .  201 

Hooper,  Elisha,  relating  to 467 

Robert,  relating  to          ........  54 

Samuel,  relating  to 54 

Hoosuck  mountain,  order  on  petition  for  a  [)ul)lic  road  over  .         .  579 

relative  to  road  across 2(57 

Hopkins,  Elisha,  relating  to 407 

Hopkinton,  town  of,  account  allowed  for  suj^port  of  poor      334,  565,  672 

treasurer  to  stay  execution  against 648 

Horses,  act  in  addition  to  act  to  prevent  damage  by        .         .         .  409 

Hosmer,  Abel,  relating  to 407 

Cyrus,  adjutant,  account  allowed 340 

Joseph,  account  allowed         ....         192,  194,  218,  336 
Joseph,  allowance  to      .         .         .  168,  215,  306,  551,  587,  655 

Hospitals,  inoculating,  established 85 

relative  to  establishment  of 50 


768 


Index. 


Hough,  Benjamin  K.,  relating  to 
Houghton,  Jesse,  account  allowed   . 
Hovey,  John,  Ji*.,  relating  to    . 
Howard,  Rev.  Bezaleel,  trustee,  appointed 

Samuel,  relating  to         .        .        . 
Howe,  David,  relating  to  . 
Howland,  John,  set  off  from  town  of  Dartmouth 

town  of  Westport 
Howse,  Mulphard,  adjutant,  account  allowed 
Hoyt,  Epaphias,  adjutant,  account  allowed 
Hubbard,  Daniel,  relating  to     . 

John,  order  on  petition  of 

John,  resolve  on  petition  of  . 
Hubbardston,  town  of,  to  show  cause 
Hughes,  Elizabeth,  resolve  on  petition  of 
Hull,  William,  relating  to 
Humphreys,  John,  relating  to  . 
Hunewell,  Richai'd,  account  allowed 
Hunnewell,  Richard,  relating  to 
Hunt,  Epharim,  I'clating  to 

John,  relating  to     . 

John,  trustee,  ai^pointed 

Josiah,  relating  to 

Nathaniel,  relating  to     . 

Peter,  relating  to    . 

William,  relating  to 
Hurd,  Joseph,  trustee,  appointed 
Hutchins,  Hezekiah,  adjutant,  account  allowc( 

James  R.,  account  allowed     . 

R.,  account  allowed 

William,  relating  to 
Hutchinson,  David,  relating  to 

Eliakim,  relating  to 

Israel,  gi'ant  of  land  to  . 

Mathew,  relating  to 

Samuel,  relating  to 
Hutson,  Bishop,  relating  to 
Hyde,  Caleb,  member  of  committee,  appointed 

Caleb,  relating  to 


and  annex 


Page 
40 
334,  596,  672 
333 
349 
194 
407 


ed  to 


62 
340 
674 
15 
244 
184 
590, 603 
166 
664 
54 
565 
407 
6 

10,  596 
11 
11 
11 
11 
664,  676 
124 
340 
598,  673 
337 
407 
468 
291, 632 
301 
468 
468 
407 
149 
635 


I. 


Ide,  Edward,  relating  to  . 

Ilsley,  Daniel,  relating  to 

Enoch,  relating  to  . 


11 

502 
502 


Index. 


769 


Independent  Chi-istian  chui'ch  in  Gloucester,  incoi'porated 
Indians,  Dudley,  accounts  of  guardians  of,  allowed 

Dudley,  guardians  of,  to  show  cause     ....       574, 

Grafton,  guardians  of,  empowered  to  make  deed 

Grafton,  trustees  of,  empowei'ed  to  sell  land 

Mai'shpee,  relative  to  boundai'y  line  of  lands  of 

Marshpee  and  Herring  Pond  tribes  of,  resolve  on  memorial 
of  overseei's  of 

Natick,  allowance  to  guardian  of  . 

Natick,  guardian  of,  appointed 

Passamaquoddy,  tribe  of,  further  time  allowed  committee 
appointed  to  treat  with       .... 

resolve  on  address  of  several  tribes  of  . 

Ingalls,  Jonathan,  relating  to 

Ingersol,  Thomas,  resolve  on  petition  of 

Ingersoll,  Thomas,  relating  to 

Ingley,  Jonathan,  Jr.,  trustee,  ajipointed 

Ingulls,  Daniel,  relating  to 

Edmund,  Jr.,  relating  to         ...         . 

Eleazer,  relating  to 

Eleazer  C,  relating  to 

Henry,  relating  to 

John,  relating  to 

John,  Jr.,  relating  to 

Jonathan,  relating  to      ....        . 

Nathaniel,  relating  to 

Samuel,  relating  to 

Inguls,  Abner,  relating  to 

Insui'gents,  allowance  to  witnesses  at  trial  of 

fire-arms  to  be  retui'ned  to     . 
Ipswich,  town  of,  act  for  securing  the  growth  of  wood  and  timbe 
in  tract  of  woodland  in        ...         . 

jjarish  of  Ipswich  Hamlet  in,  incorporated  as  town  of  Ham 
ilton     ........ 

Ipswich  river,  act  in  addition  to  act  for  preservation  of  alewives 

and  other  fish  in 

Ireson,  John,  relating  to 

Samuel,  relating  to 

Irish,  Edmund,  relating  to 

John,  relating  to 

John,  Jr.,  relating  to 

Thomas,  relating  to 

Irwins,  Robert,  relating  to 

Ivers,  Thomas,  relating  to 227,  228. 

Ives,  Amasa,  and  Stephen,  resolve  on  petition  of    . 


Page 
40 
573 
622 
663 
167 
601 

299 
656 
305 

668 
316 
156 
578 
247 
105 
478 
478 
478 
477 
478 
478 
478 
478 
478 
478 
477 
292 
229 

114 

375 

131 

477 

478 
53 
53 
53 
53 

161 
,653 

301 


770 


Index. 


J. 

Jackson,  Ephraim,  relating  to 

Levi,  and  others,  order  on  petition  of 

Samuel,  I'elating  to        .        .         . 

Samuel,  Jr.,  relating  to  . 

Simon,  emjiowered  to  execute  deeds  of   the   lands 
tioned 

Thomas,  relating  to        ...        . 

Thomas,  Jr.,  relating  to  .         .         . 

Timothy,  brigade  major,  account  allowed 

William,  relating  to        ...         . 

William  Hall,  relating  to       .        .        . 
James,  Mathew,  relating  to      ...        . 

Tabitha,  and  others,  resolve  on  petition  of 
Jane,  John,  and  wife,  relating  to      .        .        . 
Jarvis,  Charles,  relating  to       ...        . 
Jefiards,  W^illiam,  brigade  major,  account  allowed 
Jeft'erds,  William,  bi*igade  major,  account  allowed 

Maj.  William,  relating  to 
Jenkins,  David,  relating  to 
Jennison,  Dr.  Timo.  L.,  relating  to  . 

William,  allowance  to    . 
Jernigan,  William,  account  allowed 

Wm.,  and  Benjn.  Bassett,  empowered  to  sell  the  real 
mentioned   . 
Jess,  John,  relating  to 
Jewett,  Daniel,  relating  to 

Jedediah,  relating  to 

Jedediah,  to  issue  warrant 

Jedediah,  and  others,  order  on  petition  of 

Joseph,  trustee,  appointed 

Stephen,  relating  to 
Johnson,  Benjamin,  relating  to 

Benjamin,  Jr.,  relating  to 

Eleazer,  allowance  to 

Holton,  relating  to 

James,  relating  to . 

John,  relating  to     . 

John  L.,  relating  to 

Joseph,  relating  to 

Joseph,  Jr.,  relating  to 

Nicholas,  i*elating  to 

Samuel,  allowance  to 

Stephen,  relating  to 


Page 

.       591 

.       602 

90 

90 

n- 

639, 659 
90 
90 
340,  674 
90 
90 
162 
162 
332, 670 
346 
674 
340 
25 
407 
333 
255 
338 


estate 


193, 


206 
178, 333 
128 
128 
129 
179 
611 
128 
477 
477 
154 
477 
218,  336 
608 
478 
477 
477 
29,  427 
231 
43 


Index. 


771 


166,  255 


403 
166,  546, 


Johnson,  Thomas,  relating  to  . 

Thomas,  treasm-er  to  issue  notes  to 

Timothy,  relating  to 

William  Peirce,  relating  to 
Johnston,  James,  relating  to     . 
Joles,  Ebenezer,  allowance  to  . 
Jones,  Benjamin,  relating  to     . 

Elisha,  relating  to  . 

Henry,  relating  to  . 

Isi'ael,  authorized  to  deed  the  land  mentioned 

Israel,  member  of  committee,  appointed 

Israel,  i*elating  to   . 

Israel,  resolve  on  petition  of 

Jei'emiah,  relating  to 

Jolm,  I'elating  to     . 

John,  Jr.,  I'elating  to 

Lieut.  Jonathan,  relating  to 

Josiah,  relating  to  . 

Josiah,  and  others,  resolve  on  petition  of 

Nathan,  relating  to 

Nye,  I'elating  to 

Seth,  relating  to 

Stephen,  account  allowed 

Stephen,  member  of  committee,  appointed 

Stephen,  and  others,  resolve  on  representation  o 
Jordan,  James,  relating  to 

Rishworth,  Jr.,  I'elating  to 

Tristram,  relating  to 
Joslyn,  Asa,  relating  to     . 

Benjamin,  resolve  on  petition  of 

Gideon,  relating  to . 
Josselyn,  John  Reed,  resolve  on  petition  of 

Joseph,  Jr.,  resolve  on  petition  of 

Philip,  relating  to  . 
Judd,  Jonathan,  Jr.,  trustee,  appointed    . 
Jurors,  grand,  act  in  addition  to  act  I'egulating  the  appointment 

and  services  of    . 
Justices  of  the  court  of  general  sessions  of  the  peace,  authorized 

to  grant  licenses 
Justices  of  the  peace  for  county  of  Middlesex,  any  two,  authorized 

to  license  John  Stone  and  John  Haven  as  innholders 
Justices  of  the  supreme  judicial  court,  allowance  to 


Page 

264 
608 
477 
427 
334 
545 

54 
297 

54 
255 
268 
615 
573 
407 
466 
466 
218 
257 
257 
166 
299 

82 
676 
316 
668 

53 
468 
468 
467 
277 
467 
203 
203 
203 
349 

495 

48 

198 
642 


772 


Index. 


mentioned 


I'esolve  on  petition  of 


K. 

Keen,  Joshua,  relating  to  ... 

Kelley,  Abijah,  relating  to        .        .        . 

Anthony,  relating  to        .         .         . 
Kellogg,  Elijah,  treasurer  to  issue  notes  to 

Rev.  Elijah,  trustee,  appointed 

Hannah,  relating  to         .         .         . 

Nathaniel,  authorized  to  sell  the  real  estate 
Kelly,  John,  I'elating  to     . 
Kennebeck  river,  relative  to  canal  fi'oni  . 
Kennedy,  David,  relating  to 

John,  relating  to     . 

John,  and  wife,  relating  to 
Kenney,  Artiruas,  relating  to    . 

Ebenezer,  relating  to 
Kenny,  Artimas,  relating  to 
Kent,  Elijah,  relating  to    . 

Elijah,  trustee,  api^ointed 

Ezekiel,  relating  to 

Joseph,  relating  to 

Justin,  relating  to  . 

Lucy,  relating  to     . 

Remember,  relating  to   . 

William,  and  Judah  Thomas 
Kentisbear,  William  P.,  relating  to 
Kettel,  James,  relating  to 
Khun,  Jacob,  grant  to 

Kidder,  Jonathan,  set  oflf  from  town  of  Sutton  and  annexed  to 
town  of  Oxford  ..... 

Jonathan,  and  others,  resolve  on  petition  of 
Kierby,  Richard,  and  Rustcomb,  set  off  from  town  of  Dartmouth 

and  annexed  to  town  of  Westport 
Kilbourn,  Robbins,  relating  to 
Kimbal,  Heber,  and  others,  order  on  jjetition  of 
Kimball,  Bartholomew,  relating  to 

Benjamin,  relating  to 

Edmund,  x'elating  to 

Edmund,  Jr.,  relating  to 

Francis,  relating  to 

James,  relating  to 
Nathaniel,  relating  to 
King,  Robert,  relating  to 
Kingsberry,  James,  relating  to 
Kingsborough,  township  of,  order  on  petition  for  incor^joration  of 


Page 

53 
60 
61 

554 

511 

555 

555 

565 

104 

11 

191, 564 

193,  218,  564,  670 

564 

478 

564 

11 

11 

6 

6 

60 

193,  3.S6 

11 

223 

478 

427 

563 

60 
177 

62 
466 
209 
128 

60 
109 
108 
108 

25 

128 

6 

127 

230 


Index. 


773 


Page 

Kingsburry,  Joshua,  relating  to 501 

Noah,  relathig  to     .         . 501 

Kingsbury,  Benjamin,  relating  to 47 

Nathaniel,  resolve  on  petition  of 562 

Kinsberry,  Solomon,  I'elating  to 127 

Kinsman,  Jeremiah,  relating  to 376 

Kitteridge,  Hannah,  relating  to 625 

Thomas,  and  Benjamin  P'aruum,  order  on  petition  of  .         .  583 

Kittery,  town  of,  allowed  further  time  for  payment  of  tax     .         .  592 

John  Langdon  empowered  to  erect  a  bridge  over  Piscataqua 

river,  between  Langdon's  island  and          ....  99 

Kittredge,  Dr.,  relating  to 193 

Dr.  Jacob,  relating  to 191 

Knap,  Alexander,  relating  to 467 

Nathaniel,  relating  to 427 

Seth,  relating  to 6 

Knight,  James,  relating  to 427 

Samuel,  and  others,  resolve  on  petition  of     .         .         .        .  559 

Knowlton,  Malachi,  relating  to 115 

Knox,  Henry,  and  others,  resolve  on  petition  of      .         .         .         .  637 

Kuhn,  Jacob,  account  allowed 196 

Jacob,  allowance  to 298 

Jacob,  grant  to 178,  221,  553 

Kuhnn,  Jacob,  account  allowed 676 


L. 

Lace,  Maiy,  relating  to 335 

Laha,  Samuel,  account  allowed 338,  676 

Samuel,  to  lay  accounts  before  committee  on  accounts        .  318 

Laiton,  John,  ti'easurer  to  issue  notes  to 225 

Lake,  Jeremiah,  treasurer  to  issue  notes  to 584 

Lancaster,  town  of,  account  allowed  for  support  of  poor       .       334,  672 

boundary  line  between  town  of  Sterling  and,  re-established  80 

to  show  cause 532 

Lands,  eastern,  committee  for  the  sale  of,  empowered  to  make 

sale  of  Pleasant  mountain 633 

reiDort  of  committee  appointed  to  examine  accounts  of        .  667 

to  execute  deeds  of  grants  for  the  encouragement  of  litera- 
ture        256 

to  sell  townships  No.  4,  5  and  6,  east  of  Union  river   .        .  541 
Lands,  unappropriated,  committee  for  the  sale  of,  in  county  of 

Berkshire,  authorized  relative  to  jjayment  for  land  sold  .  283 

empowered  to  make  sale  of  the  lands  mentioned         .        .  168 


774 


Index. 


Lane,  Amos,  relating  to 6 

Samuel,  relating  to 467 

Lanesborough,  town  of,  account  allowed  for  sup^jort  of  poor  218,  672 
doings  of  original  proprietors  of,  confirmed  .  .  ,  659 
part  of,  incorporated  as  town  of  Cheshire     .        .        .        .        81 

Lang,  Samuel,  relating  to 128 


Langdon,  John,  empowered  to    erect  a  bridge  over  Piscataqua 

river 99 

Larkin,  Benjamin,  account  allowed 598 

Lai'ned,  Simon,  account  allowed       ....        219,  337,  566,  676 
Simon,  deputy  adjutant  general,  account  allowed        .       218,  674 

Larrabee,  Jesse,  relating  to 25 

Lathrop,  Rev.  Josejjh,  trustee  appointed 349 

Laughton,  Joseph,  account  allowed        .        .        195,  219,  339,  598,  676 
Capt.  Joseph,  reinstated  in  command  of  the  Independent 
Company  of  Fusileers        .... 

Mary,  relating  to 

Laurence,  Amos,  relating  to 

Samuel,  resolve  on  petition  of       .         .        . 

Lawrence,  Aaron,  relating  to 

Asa,  relating  to 

Ephraim,  allowance  to 

Isaac,  set  off  from  town  of  Groton  and  annexed  to  town  of 

Dunstable 

Jesse,  resolve  on  petition  of  . 

Roger,  relating  to 

Laws  and  constitution  of  the  United  States,  secretary  to  have 

printed 

Laws,  Thomas,  treasurer  to  issue  note  to 

Lawton,  Adam,  David,  George,  Jr.,  John,  Job,  and  Richard,  set  oft" 
from  town  of  Dartmouth  and  annexed  to  town  of  West- 
port     

Leach,  Henry,  and  William  Boden,  confirmed  in  office  as  col- 
lectors of  taxes 

James,  relating  to 

Leavitt,  Josej^h,  relating  to 

Lebanon,  town  of,  to  be  credited  with  the  sum  mentioned 

treasurer  to  stay  process  against 

Woodman's  grant  set  oft"  from,  and  annexed  to  town  of 

Shapleigh 

LeBarron,  Isaac,  relating  to 

LeBreton,  Peter,  relating  to 427 

Lee,  town  of,  order  on  petition  for  incorporation  of        .        .        .      560 
to  show  cause 238 


212 
300 
288 
288 
467 
295 
294 

64 
183 
407 

245 

587 


62 

173 
407 
54 
614 
669 

58 
90 


Index. 


775 


Lee,  Isaac,  relating  to       .        .        . 

James,  relating  to  . 

John,  relating  to     . 

Samuel,  relating  to 

William  Raymond,  relating  to 
Leicester  academy,  township  of  land  granted  to  trustees  of 

Leicester,  Francis,  relating  to 

Lenox,  town  of,  account  allowed  for  sujiiiort  of  jDoor     . 

committee  on  accounts  to  pass  on  accounts  of,  for  sup^jor 
of  poor        

resolve  on  petition  of  selectmen  of 
Leonard,  Apollos,  to  issue  warrant  . 

Apollos,  trustee,  appointed    . 

Daniel,  relating  to  ... 

George,  treasurer  to  pay 

John  Conradt,  relating  to 

Samuel,  trustee,  appointed     . 

Zebulon,  and  others,  order  on  petition  of 
Lewis,  Archelaus,  relating  to 

Benjamin,  allowance  to 

Benjamin,  relating  to 

David,  relating  to  . 

Edmund,  relating  to 

Isaac,  relating  to     . 

James,  relating  to  . 

John,  relating  to     . 

Joseph,  relating  to 

Nathaniel,  relating  to 

William,  relating  to 
Lewistown,  plantation  of,  order  on  petition  of 
Libbey,  Josiah,  relating  to 

Seth,  relating  to 
Libby,  George,  relating  to 

Philip,  relating  to  . 

Thomas,  authorized  in  place  of  Timothy  Libby 

Thomas,  authorized  to  execute  certain  deeds 

Thomas,  Jr.,  relating  to         .... 

Timothy,  relating  to 

Licenses,  justices  of  the  court  of  general  sessions  of  the  peace, 

authorized  to  grant 48 

Lieutenant  governor,  address  of  genei'al  court  in  reply  to  speech 

of,  at  opening  of  January  session,  1793     ....      636 

allowance  to 169,  538 

pay  established,  when  chair  of  governor  is  vacant       .        .      630 


inhabitants  of 


Page 

115 

11 

407 
115 
54 
176 
672 
192,  596 

623 

151 

46 

45 

642,  644 
644 
597 
45,  105 
230 
468 
231 
478 
127 
478 
127 
478 
478 
478 
90,  478 
478 
560 
468 
468 
233 
233 
310 
233 
234 

233,  310 


776 


Index. 


Lieutenant  governor,  message   of,  relative  to  act  incorporating 
Benjamen  Greenleaf  and  others  for  purpose  of  establisli- 

ing  a  woolen  manufactory 

Lieutenant  governor,  speech  of,  at  opening  of  Januaiy  session 

1793 

Lighthouse,  grant  of  part  of  island  of  Seguin  to  the  United  States 

for 

Lime,  stone,  act  for  ascertaining  the  quality  of       .        .        . 
Limlngton,  town  of,  tax  abated        ...... 

Lincoln  county,  accounts  of  treasurer  allowed  and  tax  granted 
order  on  petition  of  the  inhabitants  of  . 
relative  to  taxes  due  to,  from  counties  of  Hancock  and 

Washington 

Lincoln  and  Cumberland  counties,  act  in  addition  to  act  for  pres 

ervation  of  fish  in  rivers  and  streams  in    . 
Lincoln,  Hancock  and  Washington  counties,  constituted  a  district 
for  the  election  of  councillox's  and  senators 
place  of  holding  sujireme  judicial  court  for,  changed  . 
Lincoln,  Hancock,  Washington,  York  and  Cumberland  counties 

designated  as  a  congressional  district 
Lincoln,  town  of,  account  allowed  for  support  of  poor  . 

Lincoln,  Abner,  relating  to 

Amaziah,  relating  to 

Benjamin,  and  Christopher  Gore,  resolve  on  jjetition  of 

Elisha,  relating  to 

Gideon,  i-elating  to 

Mary,  treasurer  directed  to  pay 

Michael,  relating  to 

Thomas,  relating  to 

Linconshire  company,  to  show  cause       ..... 
Lindley,  John,  relating  to         ....... 

Lindsey,  Daniel,  relating  to 

Literature,  relative  to  grants  of  land  for  encouragement  of   . 
Lithgow,  James,  and  others,  order  on  petition  of    . 

Little,  Luther,  allowance  to 

Woodbridge,  relating  to 

Little  Falls,  plantation  of,  and  towns  of  Biddefoi-d  and  Arundell 
boundary  lines  between,  to  be  established 

Littlefield,  Stephen,  relating  to 

Littleton,  town  of,  boundary  line  between  district  of  Boxborough 

and,  settled 

to  show  cause 

Locke,  Joshua,  relating  to 

Locks  and  canals,  on  Connecticut  river,  act  altering  act  incorpo 
rating  proprietors  of 


334, 


334, 


711 

706 

444 
498 
613 
207 
577 

273 

4G1 

466 
107 

185 
672 
121 
121 
309 
121 
121 
147 
565 
6 
637 
10 
477 
256 
539 
283 
403 

311 

407 

445 
212 
168 

380 


Index. 


777 


Locks  and  canals,  on  Connecticut  rivei',  further  powers  gv 

pi'oprietors  of 

on  Merrimack  river,  proj^rietors  of,  incorporated 


anted 


to  owners 


Lunenburgh,  town  of,  account  allowed  for  suppor 
Lnnt,  Benjamin,  relating  to 

James,  relating  to 
Lusk,  Asahel,  relating  to 

Thomas,  member  of  committee,  appointed 

Thomas,  to  issue  warrant 
Luskin,  Jonathan,  relating  to   . 
Lutwyche,  Edward  G.,  relating  to    . 


s  of,  incori^o- 


s  of. 


the  upper,  on  Connecticut  river,  pi'oprietor 

rated 

Logs,  masts,  spars  and  other  timber,  act  to  secure 

property  in 

Loins,  John,  relating  to    . 
Longfellow,  Stejihen,  trustee,  appointed 
Lopez,  Aaron,  relating  to  .... 

Joseph,  resolve  on  jjetition  of 
Lord,  Caleb,  resolve  on  petition  of  . 

Roger,  treasurer  to  issue  notes  to  . 
Lothrop,  Isaac,  relating  to        ...         . 
Lotteiy,  state,  I'esolve  on  memorial  of  the  manager 
Louden,  town  of,  tax  abated     .... 
Lovell,  Silence,  relating  to       ...        . 
Low,  Francis,  relating  to  . 

John,  member  of  committee,  appointed 

John,  relating  to     . 

John,  to  issue  waiTant   .... 

John,  Jr.,  relating  to      ...         . 

John,  3d,  relating  to       ...        . 

Jonathan,  relating  to      ...        . 
Lowell,  Eliphalet,  relating  to   . 

Joseph,  I'elating  to  .         .  •      . 

Stephen,  relating  to        ...         . 

Thomas,  relating  to        ...         . 

William,  relating  to        ...         . 

Loyd,  John,  relating  to 

Lucas,  John,  relating  to 

John,  resolve  on  memorial  of 

John,  treasurer  to  issue  notes  to    . 

John,  and  Edward  Tuckerman,  resolve  on  petition  of 
Luce,  Mary,  relating  to 
Ludlow,  town  of,  propi-ietors  of  mill  dams  in,  to  show  cause 
Lufkin,  Benjamin,  relating  to 


of  poor 


their 


210, 
210, 


90, 


Page 
63 

29 

504 

448 

334 

511 

586 

586 

290 

290 

443 

210 

625 

47 

40 

311 

25 

437 

25 

40 

40 

407 

407 

53 

53 

53 

467 

704 

282 

238 

163 

673 

555 

40 

565 

407 

502 

468 

149 

468 

60 

255 


778  Index. 


Page 
150 
349 

672 
407 
192 
192 


Lyman,  James,  i*elating  to        .        .        . 

Samuel,  trustee,  appointed 

William,  account  allowed 
Lymburner,  Cuningham,  relating  to 
Lynch,  Patrick,  relating  to        .         .         . 
Lynes,  John,  relating  to    . 
Lynn,  town  of,  Methodist  society  in  the  first  parish  of,  incorjjo- 

rated 477 

M. 

Macomber,  Ezra,  relating  to 121 

Geoi'ge,  I'elating  to 121 

John,  3d,  relating  to 121 

Magee,  Jonathan,  adjutant,  account  allowed 566 

Robert,  relating  to 407 

Mahana,  John,  relating  to 530 

Mahew,  Matthew,  authorized  to  sell  the  real  estate  mentioned      .  601 

Maiden,  town  of,  account  allowed  for  support  of  poor  .        .       334,  672 
provisions  of  act  for  preservation  of  fish  in  Mystic  river, 

extended  to 500 

Managers  of  the  state  lottery,  resolve  on  memorial  of   .         .        .  210 

Manchester,  town  of,  act  for  securing  the  growth  of  Avood  and 

timber  in  tract  of  woodland  in 114 

Mann,  Jacob,  brigade  major,  account  allowed         ....  340 

Nathan,  to  be  paid  as  witness 662 

Manning,  David,  brigade  major,  account  allowed  ....  674 

Widow,  relating  to 335 

Mansfield,  town  of,  account  allowed  for  supjjort  of  poor        .       334,  672 

Mansfield,  Ebenezer,  relating  to 478 

John  M.,  relating  to 477 

Jonathan,  relating  to 478 

Joseph,  treasurer  to  issue  notes  to 621 

Robert,  relating  to 477 

Rufus,  relating  to   ........         .  477 

Rufus,  Jr.,  relating  to 477 

William,  adjutant,  account  allowed 674 

Mantor,  Dr.,  relating  to 191 

George,  account  allowed 334 

Manufactory,  woolen,  proprietors  of  the  Newburyport,  incorpo- 
rated      427 

Manufacture  of  glass,  act  for  encouragement  of     .        .         .        .  346 

Marblehead,  town  of,  academy  established  in          ....  54 

collectors  of  taxes  in,  confirmed  in  office      ....  173 

tax  abated 260 

Marblehead  academy,  township  of  land  granted  to  trustees  of      .  228 


Index. 


779 


Marchant,  Daniel,  Jr.,  i-elating  to 

Marc}',  Daniel,  set  oft"  from  town  of  Charlton  and  annexed  to 

town  of  Sturbridge 

Maresquelle,  Lewis  Ansart  de,  allowed  to  take  the  name  Lewis 

Ansart 

Marlborough,  town  of,  account  allowed  for  support  of  poor 

tax  abated 

treasurer  to  credit,  with  the  sum  mentioned 

Marsh,  Isaac,  allowance  to 

Marshall,  Benjamin,  relating  to 

Dr.  Jonas,  relating  to 

Joseph,  relating  to 

Silas,  set  ofl"  from  town  of  Groton  and  annexed  to  town  of 
Dunstable 

Silas,  Jr.,  set  oS"  from  town  of  Groton   and  annexed  to 

town  of  Dunstable 

Marshfield,  town  of,  account  allowed  for  sujjport  of  poor     192,  .565, 

assessors  of  first  jjrecinct  in,  empowered  to  issue  warrants 
Marshpee  Indians,  relative  to  boundary  line  of  lands  of 
Marshpee  and  Herring  Pond  tribes  of  Indians,  resolve  on  memo- 
rial of  overseers  of    . 
Marston,  John,  relating  to        .         .        . 
Martin,  Daniel,  relating  to        .        .        . 

John,  relating  to     . 

Samuel,  relating  to         .         .         . 

Volentine,  adjutant,  account  allowed 
Mason,  James,  relating  to         .        .        . 

Jonathan,  member  of  committee,  report  accepted 

Jona.,  account  allowed  .... 

Jona.,  member  of  committee,  appointed 

Philip,  relating  to 

Phillip,  relating  to  .... 

Mason  &  Winslow,  account  allowed 
Massachusetts,  governor  requested  to  write  governor  of  Connect: 

cut  relative  to  boundary  line  between  Connecticut  and 
Massachusetts  Historical  society,  incorporated 

to  be  furnished  with  certain  publications 
Masts,  logs,  spars  and  other  timber,  act  to  secure 

property  in  . 
Mather,  Samuel,  trustee,  appointed 
Maxen,  Thomas,  relating  to 
Maxey,  Jonathan,  relating  to   . 
Maxfield,  William,  relating  to  . 
May,  Elisha,  trustee,  appointed 
Mayhew,  Jeremiah,  relating  to 

Matheiv,  authorized  to  sell  the  real  estate  mentioned 


566, 


338, 


to  owners 


their 


Page 

40 

29 

346 
334 
638 
547 
549 
40 
64 
114 

64 

64 
596 
223 
601 

299 

98 

6 

334 

478 

674 

11 

657 

675 

561 

335 

192 

676 

319 
443 
309 

448 
349 
467 
472 
332 
45 
14 
531 


780 


Index. 


ans,  api^ointed 


tion  of 


petition  of 


Mayhew,  Rev.  Zachariah,  resolve  on  peti 
Maynard,  Jonathan,  allowance  to     . 

Jonathan,  guardian  to  Natick  Ind 

Stephen,  relating  to 
Mayo,  Ebenezer,  relating  to 
Mayson,  Phillip,  relating  to 
McCammick,  James,  relating  to 
MeCausland,  Gardiner,  relating  to   . 

Henry,  Jr.,  relating  to    . 
McClallen,  Hugh,  and  others,  order  on  petition  of 
McClellan,  Hugh,  trustee,  appointed 
McCollum,  Mary,  relating  to    . 

McCommick, ,  relating  to 

McDougal,  Daniel,  allowance  to 

Daniel,  relating  to  . 
McEntosh,  William,  and  others,  order  or 
McFarland,  Reubin,  allowance  to 
McFarson,  Hugh,  relating  to    . 
McGoff,  John,  allowance  to 
McHard,  John,  relating  to 
McHeard,  John,  relating  to 
McHind,  John,  relating  to 
McLane,  Edwai'd,  account  allowed 

Edward,  allowance  to  . 
McLellan,  Joseph,  relating  to  . 
McLeod,  Betsey,  relating  to 

Daniel,  relating  to 
McMellen,  Archibal,  and  wife,  relating  to 
McMillan,  Archibald,  and  wife,  relating  to 
McMillion,  William,  treasurer  to  issue  notes  to 
McMullin,  Archibald,  and  wife,  relating  to 
Meacham,  John,  adjutant,  account  allowed 
Meachum,  John,  adjutant,  account  allowed 
Medfield,  town  of,  account  allowed  for  support  of  i^oor 
Medford,  town  of,  act  for  preservation  of  fish  in  Mystic  river  in 

continued    . 
Medway,  town  of,  account  allowed  for  support  of  poor 

boundaiy  line  between  town  of  Fx'anklin  and,  est: 

certain  inhabitants  set  off  from  West  precinct  in 

Meiggs,  Matthew,  i-elating  to 

Mellen,  Rev.  John,  Jr.,  relating  to  . 
Members  of  congress,  message  of  governor  relative  to 
Members  of  the  general  court,  pay  established,  172, 202, 271, 
Mendon,  town  of,  account  allowed  for  support  of  poor  . 

act  incorporating  First  Congregational  society  in,  re-pealed 
additional  notary  public  to  be  elected  for     .        .         .        . 


Page 
619 

656 
305 
663 
502 
671 
671 
128 
128 
579 
511 
333 
671 
247 
333 
610 
292 
334 
283 
192 
334 
596 
339 
664 
468 
673 
335 
673 
193 
595 
336 
340 
675 
334 


500 
193,  334,  565 


ablished 


46 
22 

299 

443 

698 

543,581,632 

192,596 

42 

145 


Index.  781 

Page 

Mendon,  town  of,  order  on  petition  of  Zebulon  Goss  and  others 

to  be  annexed  to  .        ........  616 

treasurer  to  credit,  with  the  sura  mentioned  ....  237 

Merch,  William,  relating  to 617 

Merriam,  Nathan,  and  Jonathan  Whitcomb,  order  on  petition  of  .  151 

Merrick,  Levi,  relating  to 54 

Merrill,  Daniel,  relating  to 54 

John,  member  of  committee,  aj^pointed         ....  303 

John,  and  others,  order  on  j^etition  of 627 

Samuel,  relating  to 60 

Merrimack  river,  act  in  addition  to  act  incorporating  proprietors 

of  bi-idge  over,  between  towns  of  Haverhill  and  Bradford  442 

act  in  addition  to  act  regulating  fisheries  in  .        .         .         .  494 

fishery  of  salmon,  shad  and  alewives  in  rivei-s  and  streams 

emptying  into,  in  town  of  Andover,  regulated  .         .         .119 
order  on  petition  of  James  Bayley  and  others,  to  build  a 

bridge  across      .........  225 

oi'der  on   petition  of   Ebenr.  Poor  and  others,  to  build  a 

bridge  over 223 

order  on  petition  of  Enoch  Sawyer  and  others,  to  build  a 

bridge  over 601 

order  on  petition  of  Samuel  White  and  others,  to  build  a 

bridge  across 226 

order  on  petition  of  Moses  Whiting  and  others,  to  build  a 

bridge  across 221 

projH'ietox's  of  bridge  over,  between  towns  of  Andover  and 

Methuen,  incorporated 95 

proprietors  of  the  Haverhill  bridge  over,  incorporated        .  108 

proprietors  of  the  locks  and  canals  on,  incorporated    .         .  29 

relative  to  construction  of  the  Essex  Merrimack  bridge  over  9 
Merrimack  river  bridge,  time  of  receiving  toll  by  the  proprietoi's 

of  the  Essex,  extended 59 

Merryraeeting  bay,  relative  to  canal  from 104 

Message  of  governor,  relative  to   desertions  from  garrison  at 

Castle  island 705 

relative  to  hackney  coaches  and  their  drivers  in  town  of 

Boston 690 

relative  to  members  of  congress 698 

relative  to  meeting  both  houses  of  the  legislature       .        .  689 

i-elative  to  resignation  of  Maj.  Gen.  Newell          .        .        .  685 

relative  to  resignation  of  Maj.  Gen.  Titcomb        .         .        .  685 

relative  to  resolve  in  favor  of  Thomas  Bowling  and  others  704 

relative  to  revision  of  militia  laws         .....  698 

relative  to  state  of  the  treasury (i96 

relative  to  taking  measui'es  to  pi'event  spi'ead  of  infectious 

disease 704 


.      711 

allowance  to 

.      310, 554 

61 

61 

61 

61 

.      477 

61 

petition  of 

.      548 

782  Index. 

Page 

Message  of  governor,  relative  to  troops  ordered  on  duty  at  Castle 

island 688 

Message  of  lieutenant  governor,  relative   to   act  incorporating 
Benjamen  Greenleaf  and  others  for  purpose  of  establish- 
ing a  woolen  manufactory 
Messenger  of  the  governor  and  council, 
Messer,  Alpheus,  relating  to     . 
Ebenezer,  relating  to 
Ebenezer,  Jr.,  I'elating  to 
Nathaniel,  relating  to     . 
Messervey,  John,  relating  to    . 
Messor,  Asa,  relating  to   . 
Metcalf,  Michael,  and  others,  resolve  on  petition  of 

Stephen,  allowance  to    .        .         .  168,  215,  306,  551,  587,  655 

Methodist  society  in  the  first  parish  of  Lynn,  incorporated     .        .      477 
Methuen,  town  of,  proprietors  of  bridge  between  town  of  An- 

dover  and,  incorporated 95 

Middleborough,  town  of,  account  allowed  for  support  of  poor,    334,  672 
order  on  petition  that  part  of,  be  incorporated  as  township 

of  Kingsborough 230 

to  show  cause  .........       618 

Middleborough,  Freetown  and  Rochester,  towns  of,  act  in  addi- 
tion to  act  incorporating  the   Congregational    precinct 

in 493 

Congregational  precinct  in,  incorporated      ....       101 

Middlesex  canal,  order  on  petition  of  the  pro^jrietors  of         .        .      626 
proprietors  of,  incorporated  .......       412 

Middlesex  County,  accounts  of  treasurer  allowed  and  tax  granted 

247,  610 
constituted  a  district  for  the  election  of  councillors  and 

senators       ..........      465 

courts  of  common  pleas  and  general  sessions  of  the  peace 

in,  adjoui'ned 205 

Middlesex,  Suffolk  and  Essex  counties,  designated  as  a  congres- 
sional district 185 

Middlesex  gore,  order  on  petition  of  certain  inhabitants  of,  to  be 

annexed  to  towns  of  Dudley  and  Sturbridge     .        .         .      627 

Mikler,  John,  relating  to 468 

Militia,  act  regulating       .........       380 

Militia  laws,  message  of  governor  relative  to  revision  of      .         .      698 

Miller,  Abner,  relating  to 466 

Millerd,  John,  and  others,  order  on  petition  of       ....       618 
Miller's  river,  bridge  over,  between   towns   of    Northfield  and 

Montague  to  be  maintained 88 

Milton,  town  of,  account  allowed  for  support  of  poor     .        .        .      334 


Index. 


783 


on  petition  of 


execute  deeds 


Milton,  town  of,  allowance  to  selectmen  of 
Milton,  Rev.  Charles  William,  relating  to 
Minor,  Elnathan,  relating  to     . 
Minot,  George  Richards,  relating  to 

George  Richards,  and  Samuel  Dana,  resolve 
Mitchel,  David,  trustee,  appointed    . 

Hannah,  relating  to         ...         . 
Mitchell,  David,  and  Sarah  Powell,  empowered  to 

Peggy,  relating  to 

Mixer,  Josiali,  treasurer  to  certify  note  for     . 
Molton,  Caleb,  i-elating  to         ...        . 

Johnson,  account  allowed 
Monson,  town  of,  account  allowed  for  support  of  jjoor 
Montague,  town  of,  bridge  over  Miller's  river  between  town  of 

Northfield  and,  to  be  maintained 
Montague,  Nathaniel,  discharged  from  a  fine 

Nathl.,  relating  to  . 

Richard  and  Zebina,  resolve  on  jjetition  of 

William,  relating  to        ...        . 


Moody,  Enoch,  relating  to         ...         . 
Mooers,  Benjamin,  relating  to  ... 

Jonathan,  relating  to      ...         . 
Mooi",  Capt.  John,  relating  to  . 
Moore,  Catharine,  relating  to  . 

Reuben,  relating  to         ...         . 

Uriah,  and  others,  oi'der  on  petition  of , 

William,  account  allowed 
Moors,  Joseph,  trustee,  appointed    . 
More,  Catherine,  relating  to     . 
Moi'ey,  Jonathan,  relating  to    . 

Jonathan,  treasurer  to  issue  notes  to     . 
Morgan,  John,  treasurer  to  issue  notes  to 
Morrell,  Joseph,  relating  to     ...        . 
Morris,  Patrick,  relating  to       ...         . 


Robert,  relating  to 307,  697 


Robert,  release  and  conveyance  to         .... 

Robert,  resolve  on  petition  of 

Morse,  Asaph,  relating  to         ....... 

Daniel,  set  off  from  town  of  Stoughton  and  annexed  to  town 

of  Foxborough    ........ 

Elisha,  set  off  from  town  of  Stoughton  and  annexed  to  town 

of  Foxboi'ough    . 

Jesse,  relating  to 

John,  relating  to 

John,  treasux-er  to  issue  notes  to 


Page 

588 
453 
467 
443 
161 
511 
192 
664 
596 
526 
534 
566 
218 


88 

148 

261 

148 

501 

502 

60 

60 

47 

672 

128 

590 

334,  672 

419 

334 

161 

281 

314 

311 

192 


157 

224 
467 


79 
467 
115 
616 


784 


Index. 


Morse,  Moses,  relating  to 

Oliver,  relating  to 

Samuel,  set  oft'  from  town  of  Stoughton  and  annexed  to 
town  of  Foxborough 

Seth,  relating  to 

Solomon,  set  oft*  from  town  of  Stoughton  and  annexed  to 
town  of  Foxborough 

William,  relating  to 

Morss,  John,  relating  to 

Moses,  relating  to 

INlorton,  Nathaniel,  to  issue  warrant         .... 

Mosely,  David,  trustee,  appointed 

Moulton,  Johnson,  relating  to 

Joseph,  relating  to 

Mouutague,  Hannah,  and  others,  resolve  on  petition  of 
Mount  Vernon,  town  of,  incoi'ijorated      .... 
Mousom  river,  i^roprietors  of  harbour  in,  incorporated  . 
Mudge,  Enoch,  relating  to 

Nathan,  relating  to 

Mules  and  asses,  relative  to  damage  done  by  . 
Mullins,  Elizabeth,  resolve  on  petition  of        .        .         . 

Thomas,  relating  to 

Munley,  William,  relating  to 

Munro,  Timothy,  relating  to 

Munroe,  Nathan,  relating  to     .        .        . 

Murphy,  William,  relating  to 

Murray,  Rev.  John,  relating  to 

Murrey,  John,  relating  to 

Muscongus  or  Waldo  patent,  relative  to  taxes  assessed  on 

Mussey,  Theodore,  discharged  from  goal 

Mystic  bridge,  order  on  jDctition  of  Ebenezer  Hall  and  other 

converting,  into  a  drawbiudge    .... 
Mystic  river,  act  for  preservation  of  fish  in,  continued   . 


s  for 


Page 

467 
409 

79 
467 

79 

467 

61 

60 

103 

349 

586 

427 

261 

41 

24 

477 

478 

409 

171 

171 

466 

478 

6 

40 

453 

166 

637 

546 

625 
500 


Nantucket,  Dukes  County,  Plymouth,  Bristol  and  Barnstable  coun- 
ties, designated  as  a  congressional  district         .        .        .       185 

Nantucket,  Dukes  County  and  Plymouth  counties,  constituted  a  dis- 
trict for  the  election  of  councillors  and  senators        .        .      465 

Nash,  Benjamin,  and  othei*s,  order  on  petition  of     .        .        .        .      579 
Morris,  relating  to 333,  670 

Nasson,  Benjamin,  relating  to 617 

Natick,  town  of,  account  allowed  for  support  of  poor    .        .       192,  673 


Index. 


785 


town    of 
i%  192,  3 
poor,  ;334, 


poor, 


5, 


565. 


Natick  Indians,  allowance  to  guardian  of 

guardian  of,  appointed   ..... 
Naturalization  of  persons  j^roscribed  by  law,  permitted 
Naturalization  of  foreigners: 

Briamant,  Pierre 

Erving,  George  William        .... 

Pentland,  Henry  Huetson       .... 
Needham,  tOAvn  of,  account  allowed  for  suj^poi't  of  poor         .       596, 

order  on  petition  of 

Samuel  Brown   set  off  from  East,  and  annexed  to  VVes 
parish  in      ......         . 

second  parish  in,  to  show  cause     . 
Needham,  Stephen,  and  othei's,  resolve  on  petition  of 
Nelson,  Seth,  resolve  on  petition  of  .         .        . 

Nevins,  James,  relating  to        ....        . 
New  Ashford,   disti'iet  of,   part  of,   incorporated    as 

Cheshire 

New  Bedford,  town  of,  account  allowed  for  support  of 

second  precinct  in,  incorporated     . 
New  Braintree,  town  of,  account  allowed  for  support  of 

grant  to  . 
Newbury,  town  of,  account  alloAvetl  for  support  of  poor 

relative  to  account  of  collector  for 

to  regulate  the  taking  of  fish  in  river  Parker  in 
Newbuiyport,  town  of,  account  allowed  for  support  of  poor,  192,  335 

religious  societies  in,  incorpoi'ated 

woolen  manufactory  established  in 
Newcastle,  town  of,  proprietors  of  bridge  over  Sheepscott  river 

between  town  of  Pownal borough  and,  incorporated 
Newell,  Maj.  Gen.,  relating  to 
Newfield,  town  of,  incoriDorated 
Newhall,  Aaron,  i*elating  to 

Allen,  relating  to    . 

Benjamin,  Jr.,  relating  to 

Daniel,  relating  to 

Daniel,  Jr.,  relating  to    . 

Ebenezer,  relating  to 

Ebenezer,  Jr.,  relating  to 

Foster,  relating  to  . 

Hanson,  relating  to 

James,  Jr.,  relating  to 

John,  relating  to     . 

Micajah,  relating  to 

Nathaniel,  relating  to 

Timothy,  relating  to 


Page 

656 

305 

5 

426 
69 
501 
672 
546 

447 
610 
178 
659 
285 

81 
671 

13 
597 
643 
335 
259 

67 
672 
453 
427 

409 
685 
471 

478 
477 
478 
477 
477 
478 
478 
478 
477 
477 
477 
477 
477 
477 


786 


Index. 


Page 
478 
6,11 
335 
6 
471 


Newhall,  Timothy,  Jr.,  relating  to 

Newman,  David,  relating  to      ......        . 

Robert,  account  allowed 

Samuel,  relating  to 

New  Marlborough,  town  of.  South  parish  in,  incorporated     . 

to  show  cause 244,551,585,640 

New  Meadow  river,  act  in  addition  to  act  incorporating  Jonathan 

Davis  and  others  for  building  a  bridge  over     .         .        .  379 

proprietors  of  bridge  over,  between  towns  of  Brunswick 

and  Bath,  incorporated 76 

relative  to  canal  from .  104 

Newton,  town  of,  account  allowed  for  support  of  poor  .         .         .  672 

Newton,  Ebenezer,  and  others,  order  on  petition  of         .         .         .  603 

Nichols,  Enoch,  relating  to       ........  61 

Jeremiah,  relating  to      .        .        .        .         .        .        .         .128 

John,  relating  to 128 

Phineas,  relating  to 61 

Nickels,  John,  relating  to          ........  478 

Nicolson,  Thomas,  relating  to 90 

Niles,  Samuel,  to  issue  warrant 71 

Noble,  Asa,  treasurer  to  issue  notes  to 576 

Ashbel,  relating  to 576 

David,  relating  to 403 

Noi'folk  county,  act  in  addition  to  act  establishing  ....  378 

constituted  a  district  for  the  election  of  councillors  and 

senatoi's 466 

established Ill 

part  of  act  establishing,  repealed 353 

Northampton,  town  of,  account  allowed  for  suppoi't  of  poor  •       335,  672 

constituted  shire  town  of  county  of  Hampshire    .         .         .  497 
Northfield,  town  of,  bridge  over  Miller's  river  between  town  of 

Montague  and,  to  be  maintained 88 

to  show  cause 262,  643 

North    parish,  in   town  of   Sanford,  incorporated    as   district  of 

Alfred 436 

North  river,  bridge  to  be  maintained  across 99 

North  Yarmouth,  town  of,  to  show  cause 604 

Noi'ton,  town  of,  account  allowed  for  support  of  jjoor    .        .       335,  672 

resolve  on  petition  of  selectmen  of 147 

Norton,  Geoi-ge,  relating  to 376 

Samuel,  relating  to 467 

Norwich,  town  of,  certain  inhabitants  of,  and  lands  in,  set  off 

from,  and  annexed  to  town  of  Chesterfield        .        .         .  447 

Norwood,  Caleb,  relating  to 40 

Francis,  relating  to 40 


Index. 


787 


Norwood,  John,  relating  to 

Notai-ies  public,  additional,  to  be  elected  for  certain  towns    . 
Notary  public,  additional,  to  be  appointed  for  county  of  Suffolk 

additional,  to  be  chosen  for  the  county  of  Plymouth    . 
Nottage,  Josiah,  allowance  to  . 

Josias,  allowance  to        . 

Nourse,  James,  relating  to 

Nowell,  James,  relating  to 

Joseph,  account  allowed 

Martha,  relating  to 

Phebe,  relating  to 

Ralph  Cross,  relating  to 

Sarah  Johnson,  relating  to 

Silas,  empowered  to  make  partition  of  the  real  estate  men 
tioned 

Silas,  Jr.,  relating  to 

Noyes,  John,  authorized  to  make  a  deed  of  the  land  mentioned 

Joseph,  trustee,  apjjointed      ...... 

William,  relating  to 

Nurse,  Timothy,  relating  to . 

Nye,  Jabez,  relating  to     .......        . 

Joseph,  and  Walter  Spooner,  resolve  on  memorial  of  . 

Samuel,  treasurer  to  issue  notes  to        ...         . 

Thomas,  relating  to 


Page 

40 

145 

526 

527 

305 

626 

477 

49 

338 

49 

49 

49 

49 

49 
49 
580 
511 
427 
600 
658 
299 
658 
14 


o. 

Obrian,  John,  relating  to  .         . 

Officers  and  soldiers  of  the  continental  army,  further  provision 

relative  to  i^ayment  of  unclaimed  balances  due  to  . 
Officers  and  soldiers,  deceased,  of  the  continental  army,  relative 

to  payment  of  balances  due  to 
Officers,  civil,  doings  of  certain,  made  valid    . 
Officers,  health,  appointment  of,  in  towns,  authorized 
Ogden,  Samuel,  relating  to 
Olivei',  William,  relating  to 
Oneil,  John,  relating  to     . 
Ormsbe,  Lewis,  relating  to 
Orr,  Hugh,  resolve  on  petition  of     . 

William,  relating  to 
Osgood,  Isaac,  relating  to 

James,  authorized  to  sell  the  real  estate  mentioned 

Jane,  relating  to 

Joshua,  Jr.,  I'esolve  on  petition  of         .         .        . 


427 


609 

.  533 
.  589 
.       593 

224,  307 
.  271 
.  192 
6 
.  293 
.  334 
.  109 
.  570 
.      570 

586,  602 


788 


Index. 


Page 

Osgood,  Samuel,  relating  to 570 

Otis,  H.  G.,  resolve  on  petition  of 255 

James,  relating  to  ........         .  147 

Joseph,  attorney  general  directed  not  to  commence  suit 

against 604 

Dr.  Josiah,  relating  to 333 

Samuel  Allen,  to  be  dischai'ged  by  treasurer  of  a  certain 

debt 172 

Otisfield,  plantation  of,  tax  abated 621,  647 

Oxford,  town  of,  certain  inhabitants  of  town  of  Sutton  annexed  to  60 

to  show  cause 177 

Oysters,  act  to  prevent  destruction  of,  revived  and  continued         .  406 


P. 

Packard,  Josiah  Edson,  relating  to  .        .        .         .  •      .        .        .  558 

Sarah,  authorized  to  sell  the  land  mentioned         .         .         .  557 

Padleford,  Seth,  trustee,  ajDpointed 45 

Pagan,  Thomas,  Indian,  order  on  petition  of 622 

Page,  Abiah,  relating  to    . 60 

John,  relating  to 409 

Joshua,  relating  to 60 

Robert,  to  issue  warrant 42 

William,  relating  to 641 

Palfrey,  William,  account  allowed 339 

Palmer,  town  of,  pi'o^Di-ietors  of  mill  dams  in,  to  show  cause        .  655 

Palmer,  John,  relating  to 501 

Wait,  allowance  to 545 

Pai'is,  town  of,  incorporated 352 

to  show  cause 602 

Parish,  a  separate,  in  New  Bedford,  incorporated  ....  13 
first,  in  town  of  Bradford,  order  on  petition  of  inhabitants 

of 611 

first,  in  town  of  Penobscot,  incorporated  ....  407 
first,  in  town  of  Reading,  to  show  cause  .  .  .  215,  605 
first,  in  town  of  Stoughton,  order  on  petition  of  inhabitants 

of 557 

first,  of  Lynn,  Methodist  society  incorporated  in  .         .         .  477 

Xoi'tli,  in  town  of  Sanford,  incorporated  as  district  of  Alfred  436 
of  Ipswich  Hamlet,  in  town  of  Ipswich,  incorporated  as 

town  of  Hamilton 375 

second,  in  town  of  Needham,  to  show  cause  .  .  .610 
South,  in  town  of  Danvers,  certain  assessment  in,  declared 

valid 178 


Index. 


789 


u  (lament 


to  town  of 


Parish,  South,  in  town  of  Danvers,  dissolved  . 

South,  in  town  of  New  Mavlboi-ough,  incorporated 

West,  in  town  of  Pownalborough,  to  show  cause 
Parishes,  East  and  West,  in  town  of  Salisbuiy,  boundai-y  line  be- 
tween, changed   ....... 

East  and  West,  in  town  of  Salisbury,  incorporated 
Pai'k,  Christopher,  relating  to  .... 

Parke,  Wareham,  trustee,  appointed 
Parker,  Amoz,  and  others,  order  on  ijetition  of 

Benjamin,  and  others,  resolve  on  petition  of 

Isaac,  relating  to 

Isaiah,  relating  to 

Jacob,  and  Ebenezer  Claflin,  discharged  from  a  j 

Jacob  Lakin,  and  James  Prescott,  resolve  on  petition  of 

James,  relating  to 

Jordan,  resolve  on  petition  of        .        .         . 

Joseph,  adjutant,  account  allowed 

Joseph,  Jr.,  adjutant,  account  allowed 

Levi,  set  off"  from  town  of  Groton  and  annexed 
Dunstable 

Levi,  adjutant,  account  allowed 

Nathaniel,  relating  to     . 

Oliver,  relating  to  . 

Oliver,  Jr.,  relating  to    . 

Solomon,  relating  to 

William,  and  others,  order  on  petition  of 
Pai'ker  rivei",  town  of  Newbury  to  r 
Parkhurst,  Joseph,  relating  to 
Parmele,  Moses,  relating  to 
Parmenter,  James,  allowance  to 

Josiah,  and  others,  order  on  petition  of 
Parmeter,  Rufus,  allowance  to 
Parrot,  Daniel,  relating  to 

Daniel,  Jr  ,  relating  to  . 
Parrott,  Benjamin,  relating  to  . 

Benjamin,  Jr.,  relating  to 

James,  relating  to 

Joseph,  relating  to 

Rufus,  relating  to  . 
Parson,  Thomas,  to  issue  warrant 
Parsons,  David,  relating  to 

Isaac,  resolve  on  j^etition  of 

Isaac,  to  issue  warrant   . 

Theoj^hilus,  relating  to  . 

Timothy,  allowance  to   . 


emulate  the  taking  o 


f  fisl 


Page 

423 
471 
539 

345 
83 
468 
349 
603 
524 
407 
472 
660 
200 
128 
320,  574 
674 
340 


64 
674 
200 
301,  407 
407 
320 
215 
67 
64 
467 
290 
643 
292 
477 
477 
478 
478 
478 
477 
478 
510 
260 
248 
353 
427 
259 


790 


Index. 


Page 

Parsons,  Timothy,  relating  to 409 

Partridge,  George,  account  allowed 337 

George,  member  of  committee,  appointed    ....      299 

Jesse,  relating  to 468 

Joshua,  relating  to 46 

Partridgefield,  town  of,  account  allowed  for  support  of  poor        335,  G73 
Passamaquoddy  tribe  of  Indians,  further  time  allowed  committee 

appointed  to  treat  with 668 

Patch,  James,  to  call  meeting 115 

Samuel,  relating  to 376 

Patridge,  Geoi'ge,  resolve  on  representation  of        .        .         .        .601 
Patten,  David,  and  Mary,  set  off  from  town  of  Stoughton  and  an- 
nexed to  town  of  Foxboi'ough 79 

Richard,  relating  to 334, 672 

Thomas,  account  allowed 338 

Paxton,  town  of,  boundary  line  between  town  of  Holden  and,  es- 
tablished      120 

Paxton,  Charles,  relating  to 160 

Payne,  Edward  &  Son,  relating  to 697 

Edward  &  Son,  treasurer  to  settle  account  of       .        .         .       229 

Peabody,  Joseph,  relating  to 60 

Oliver  and  Frances,  relating  to 55 

Peagan,  Thomas,  order  on  petition  of 574 

Pearce,  David,  I'elating  to 40 

William,  relating  to 40 

Pearl  and  pot  ashes,  relative  to  inspection  of 114 

Pearson,  Dr.  Abiel,  relating  to 191 

Pease,  Thomas,  dischai'ged  of  the  sum  mentioned  .        .        .        .271 

Peck,  John,  adjutant,  account  allowed 597 

Ui'ana,  relating  to 192 

William  Dandridge,  relating  to 443 

Pedrick,  Richard,  relating  to 54 

Peirce,  Ilayward,  and  others,  resolve  on  petition  of        .        .        .       275 

Isaac,  account  allowed 219,  338 

Isaac,  grant  to 213,  580 

James,  relating  to .         .         .         .         .         .         .         .         .       447 

John,  relating  to 115 

Nancy,  relating  to 334 

Nathaniel,  relating  to 6 

Pemberton,  Thomas,  relating  to 443 

Pembroke,  town  of,  account  allowed  for  support  of  poor       .       335,  596 
Pendergrass,  Sarah,  treasui'er  to  issue  note  to         .         .        .        .561 

Thomas,  relating  to 561 

Penniman,  Jacob,  relating  to 127 

Jacob,  and  others,  order  on  petition  of 199 


Index. 


791 


Page 

407 
501 
277 
278 
253 


Penobscot,  town  of,  first  parish  in,  incorporated 

Pentland,  Henry  Huetson,  naturalized     . 

Peppei',  Jacob,  executions  against,  stayed 

Pepperall,  Sir  William,  relating  to  . 

Pepperel,  William,  relating  to  .         .         . 

Pepperelborough,  town  of,  toll  granted   proprietors   of   bridges 

over  Saco  river  between  town  of  Biddeford  and       .        .  117 

Pepperell,  town  of,  account  allowed  for  support  of  poor       .        .  672 

Pepperell,  Sir  William,  relating  to 529 

Perin,  Daniel,  relating  to 11 

David,  relating  to 11 

Jesse,  relating  to 11 

Noah,  relating  to 11 

Thomas,  relating  to 11 

Perkins,  Abi*aham,  relating  to 407 

Daniel,  relating  to 407 

Elizabeth,  relating  to 565 

John,  relating  to 407 

Joseph,  relating  to .  407 

Stover,  relating  to 407 

Thomas,  relating  to 529 

William,  resolve  on  petition  of 612 

Perley,  Enoch,  to  issue  warrant 438 

Pero,  Easthar,  relating  to 597 

Easther,  relating  to 673 

Perry,  Abel,  relating  to 6 

Dr.,  relating  to 335 

Ezra,  relating  to     ........         .  6 

Ezra,  Jr.,  relating  to 6 

George,  relating  to 564,  670 

Timothy,  relating  to 6 

Personal  actions,  act  in  addition  to  act  for  limitation  of        .        .  512 

act  for  limitation  of,  suspended  in  certain  cases  .        .        .  123 

Personal  property,  mode  of  recovering  forfeitures  of,  prescribed  450 

Pest  house,  in  Boston,  treasurer  directed  to  disj^ose  of    .         .        .  267 

Peters,  Hannah,  relating  to 334 

Petersham,  town  of,  additional  notary  public  to  be  elected  for       .  145 

permitted  to  discharge  debt  in  consolidated  securities          .  232 

Peterson,  John,  relating  to 77 

Pettee,  Benjamin,  relating  to 127 

Samuel,  relating  to 127 

William,  relating  to 127 

Pettingell,  Matthew,  relating  to 60 

Pevoo,  Joseph,  relating  to         r 335 

Phelps,  Henry,  relating  to 40 


792 


Index. 


Page 

Phelps,  John,  relating  to 284,  466 

Oliver,  relating  to 157 

Philbrick,  Jonathan,  relating  to 53 

Philbrook,  David,  relating  to 128 

Phillips,  Joshua,  and  others,  resolve  on  petition  of         .         .        .       229 

Richard,  relating  to 54 

Samuel,  relating  to 158 

Samuel,  president  of  the  senate,  allowance  to       .        172,  202,  581 

William,  relating  to .       346, 642 

Phillmore,  George  and  Sarah,  relating  to 565 

Philmore,  George,  relating  to 192 

Pickering,  Timothy,  treasurer  to  issue  notes  to       ...        .      227 

Picket,  John,  Jr.,  resolve  on  petition  of 588,  623 

Pierce,  Ebenezer,  member  of  committee,  appointed        .         .        .      298 

Isaac,  account  allowed 598 

Pines,  Jonathan,  relating  to 234 

Piscataqua  river,  John  Langdon  empowered  to  erect  a  bridge  over        99 

Pittsfield,  town  of,  additional  notary  public  to  be  elected  for        .       145 

treasurer  to  stay  execution  against       .....      649 

Pittston,  town  of,  account  allowed  for  support  of  poor,  193,  335,  597,  672 

Episcopalian  society  in,  incorporated 128 

to  show  cause 179 

Plainfield,  district  of,  Joseph   Clarke  and   Jonathan  Beals   an- 
nexed to .      436 

Plainfield,  town  of,  to  show  cause 544 

Plantations,  towns  and  districts  in  counties  of  Hancock  and  Wash- 
ington, taxes  abated 647 

Plantations  : 

Bakerstown,  order  on  petition  of  certain  inhabitants  of       .      628 
Bridgton,  incorporated  as  town  of  Bridgton  .        .        .      438 

Bridgton,  tax  abated 609 

Buckstown,  incorporated  as  town  of  Buckstown  ...        38 
Bucktown,  Baptist  society  in,  incorporated  ....        53 
Bucktown,or  number  five,  incorpoi'ated  as  town  of  Buck- 
field     89 

Francisborough,  incorporated  as  town  of  Cornish        .        .      509 

Francisborough,  tax  abated 647 

Hawley  (formerly  No.  7),  tax  abated 647 

Lewistown,  order  on  petition  of  inhabitants  of     .        .         .      560 
Little  Falls,  and  towns  of   Biddeford  and  Arundell,  boun- 
dary lines  between,  to  be  established        .        .        .        .311 
No.  2,  east  side  of  Penobscot  river,  doings  of  proprietors 

of,  confirmed 154 

No.  4,  incorporated  as  town  of  Pans 352 


Index. 


793 


Page 


621,  647 
647 
432 

464 
647 

41 

471 
647 

633 
269 


Plantations  —  Concluded. 

Otisfield,  tax  abated       ...... 

Raymondstovvn,  tax  abated 

Sandy  River,  incorporated  as  town  of  Farmington 
Sovverdabscook,  witli  part  of  town  of  Frankfort,  incorpo 

rated  as  town  of  Hampden 

Stantlish,  tax  abated        ....... 

Washington  (in  county  of  Lincoln),  incoi'jjorated  as  town 
of  Mount  Vernon        ...... 

Washington  (in  county  of  York),  incoriwrated  as  town  of 
Newtield      ......... 

Washington,  tax  abated 

Pleasant  mountain,  committee  for  the  sale  of  Eastern  lands  em 

powered  to  make  sale  of 

Plum,  Waitstill  John,  allowance  to 

Plumb  island,  act  regulating  the  improvement  of,  and  repealing 

former  act 36 

Plumer,  David,  relating  to 40 

Plummer,  Moses,  relating  to 61,  502 

Plymouth  county,  accounts  of  treasurer  allowed  and  tax  granted,  226,530 
additional  notary  public  to  be  chosen  for  ....  527 
courts  of  common  pleas  and  general  sessions  of  the  peace 

in,  adjourned 

Plymouth,  Dukes  County  and  Nantucket  counties,  constituted  a 

district  for  the  election  of  councillors  and  senators  . 
Plymouth,   Bristol,    Barnstable,  Dukes    County    and    Nantucket 

counties,  designated  as  a  congressional  district 
Plymouth,  town  of,  academy  established  in     ....        . 

account  allowed  for  support  of  poor     .        .         .        192,335,672 

additional  notary  public  to  be  chosen  in        ...         .       527 

Plympton,  town  of,  account  allowed  for  support  of  poor        192,  335,  672 

boundary  line  betw(;en  town  of  Carver  and,  established      .         57 

Pocock,  Thomas,  relating  to 333,  672 


270 

465 

185 
90 


Poland,  Abner,  relating  to 

Pollard,  James,  set  off'  from  town  of  Asliburnham  an 

to  town  of  Ashby 

Pomeroy,  Benjamin,  relating  to        .         .         .         . 
Pompelly,  Bennet,  account  allowed 
Pomroy,  Capt.  Daniel,  relating  to    . 

Phinehas,  allowance  to  . 
Pool,  Ebenezer,  relating  to       ....         . 

Nathan,  relating  to         ....         . 

Poole,  Caleb,  relating  to 

Poor,  act  providing  for  relief  of       .... 
Poor,  Ebenezer,  relating  to 


1  annexed 


376 

47 

336 

676 

531 

622 

40 

40 

40 

479 

95 


794 


Index. 


Poor,  Ebenr.,  and  others,  oi-der  on  petition  of         .        .        . 

Richard,  treasurer  to  issue  notes  to  ...  . 
Pope,  James,  and  others,  order  on  petition  of        .        .        . 

Joseph,  account  allowed 

Popkin,  Thomas,  account  allowed 

Porter,  Adam,  authorized  to  make  sale  of  the  land  mentioned 


223 
559 
580 
676 
339 
262 

Elisha,  account  allowed 194, 566 

Elisha,  permitted  to  jjay  treasurer  in  consolidated  notes      .       155 

Elisha,  relating  to 148 

.  253 
.  239 
.  412 
.  121 
.  631 
.  121 
262,  265 
.  510 
192,  565 


Elisha,  resolve  on  petition  of        ...        . 

Elisha,  to  be  discharged  from  the  sum  mentioned 

Jonathan,  relating  to 

Lincoln,  relating  to 

Peter,  resolve  on  petition  of 

Samuel,  Jr., relating  to 

William,  relating  to 

Portland,  town  of,  academy  established  in       ,        ,        . 

account  allowed  for  support  of  poor     . 

proprietors  of  bridge  over  Back  Cove  river,  between  town 
of  Falmouth  and,  incorporated 

proprietors   of   bridge  over  Fore  river,  between  town  of 
Cape  Elizabeth  and,  incorporated     . 

relative  to  the  two  townships  granted  sufferers  of 
Pot  and  pearl  ashes,  relative  to  insjjection  of  . 
Potter,  James,  to  be  paid  as  witness        .... 

John,  to  be  paid  as  witness 

Jonathan,  set  off  from  town  of  Dartmouth  and  annexed  to 

town  of  Westport 

Powars,  Battery  Manning,  relating  to 

Powell,  Jeremiah,  relating  to 

Sarah,  and  David  Mitchell,  empowered  to  execute  deeds 
Powei'S,  Edward  E.,  account  allowed 

John,  relating  to 

Thomas,  relating  to 

Pownalborough,  town  of,  proprietors  of  bridge  over  Sheepscott 
river  between  town  of  Newcastle  and,  incorporated 

West  parish  in,  to  show  cause 

Pratt,  Abijah,  relating  to 

Abijah,  set  off  from  town  of  Stoughton  and   annexed  to 
town  of  Foxborough 

Benoni,  relating  to 

Isaac,  set  off  from  town  of  Stoughton  and  annexed  to  town 
of  Foxborough 

James,  relating  to 

James,  and  others,  resolve  on  petition  of 


502 

468 
535 
114 
662 
662 

62 
407 
664 
664 
674 
256 
256 

409 
539 
121 

79 
79 

79 
477 
162 


Index. 


795 


Pratt,  Jesse,  relating  to    . 
Joseph,  relating  to 
Joseph,  and  wife,  relating  to 
Capt.  Josiah,  relating  to 
Levi,  relating  to      .        .        . 
Nathan  G.,  i-elating  to    . 
Richard,  relating  to 


Page 

79 

79 

335, 672 

79 

79 

.      477 

.      478 


Prebble,  Col.  E.,  relating  to 278 

Precinct,  Congregational,  in  Rochester,  Middleborough  and  Free- 
town, act  in  addition  to  act  incorporating  .... 

Congregational,  in  Rochester,  Middleborough  and   Free- 
town, incorporated 

East,  in  town  of  Yanuouth,  incorporated  as  town  of  Dennis 

first,  in  town  of  Marshfield,  assessors  of,  empowei'ed  to 
issue  warrants     .        . 

second,  in  town  of  New  Bedford,  incorporated 

South,  of  town  of  Braintree,  incorporated  as  town  of  Ran 
dolph 

South,  in  town  of  Cambridge,  to  show  cause 
Presbyterian  society  in  Newburyport,  incorpoi-ated 

Prescot,  William,  relating  to 

Prescott,  Benjamin,  relating  to 

James,  relating  to 

James,  and  Jacob  Lakin  Parker,  resolve  on  petition  of 

James,  Jr.,  trustee,  api^ointed 

Jedediah,  Jr.,  doings  of,  confirmed        .... 

Jedediah,  Jr.,  member  of  committee,  api^ointed   . 

Oliver,  empowered  to  ajjpoint  commissioners 

Oliver,  empowered  to  grant  further  time  to  certain  commis 
sioners 

Oliver,  relating  to 

Oliver,  trustee,  appointed 

Oliver,  Jr.,  trustee,  appointed 

Samuel,  adjutant,  account  allowed         .... 
President  of  the  Senate,  allowance  to 

member  of  committee,  appointed  .... 
President  and  directors  of  the  Union  Bank,  incorpoi'ated 
President  and  trustees  of  Williams  College,  incorpoi'ated 
Presidential  electors,  election  of      ...         . 

governor  I'cquested  to  make  certified  lists  of 

speech  of  governor  relative  to  appointment  of 
Preston,  Nehemiah,  relating  to         .... 

William,  relating  to 

Price,  Ezekiel,  relating  to 

Hurel,  relating  to 


493 

101 
351 

223 
13 

70 

GOG 
453 
602 
505 
289 
200 
422 
321 
303 
200 

584 
412 
419 
419 
597 

172,  202,  271,  543,  581,  632 
653 
14 
403 
189 
207 
689 
115 
407 
443 
467 


796 


Index. 


Page 

Prince,  James,  relating  to 90,  225,  427 

Rev  John,  relating  to 443 

Princeton,  town  of,  to  show  cause 590 

Prisoners,  confined  upon  charge  or  conviction  of  crimes  against 

the  Commonwealth,  relative  to  support  of        .         .        .  122  ' 
Processes  in  law,  act  for  rendering  same   less    expensive,  con- 
tinued  39,119 

Proctor,  Ebenezer,  set  otf  from  town  of  Groton  and  annexed  to 

town  of  Dunstable 64 

Daniel  E.,  i-elating  to 40 

Charles,  trustee,  appointed 422 

Isaac,  relating  to 478 

Joseph,  relating  to 40 

Proprietors,  of  Andover  bridge,  incorporated         ....  95 

of  Andover  bridge,  to  show  cause 583 

of  Back  Cove  bridge,  incorporated 502 

of  bridge  over  Nbav  Meadow  river,  between  towns  of  Bruns- 
wick and  Bath,  incorpoi-ated 76 

of  Bullocii  grant,  to  show  cause 579 

of  canal  from  New  Meadow  river  to  Merrymeeting  bay, 

authorized  to  open  canal  to  Kennebeck  river    .         .         .  104 

of  a  common  field,  in  town  of  Dedham,  incorporated  .        .  126 

of  Erving's  grant,  to  show  cause 262 

of  Essex  Merrimack  bridge,  time  of  receiving  toll  by,  ex- 
tended            59 

of  the  Haverhill  bridge,  incorporated 108 

of  locks  and  canals  on  Connecticut  river,  act  altering  act 

incorporating 380 

of  the  locks  and  canals  on  Connecticut  river,  furtiier  powers 

granted  to .  63 

of  the  locks  and  canals  on  Merrimack  river,  incorporated   .  29 

of  the  Middlesex  canal,  incorporated 412 

of  the  Middlesex  canal,  order  on  petition  of         .        .        .  626 

of  Mousom  harbour  in  Wells,  incorporated           ...  24 

of  the  Newburyport  woolen  manufactory,  incorporated       .  427 

of  the  Portland  bridge,  incorporated 468 

of  Saco  bridges,  toll  granted  to 117 

of  Saint  Peter's  church,  incorporated 462 

of  Sheepscott  river  bridge,  incorporated       ....  409 
of  South  meeting  house,  in  town  of  Danvers,  empowered  to 

raise  money  by  tax 423 

of  township  of  Coxhall,  to  show  cause 209 

of  township  No.  2,  East  side  Penobscot  river,  doings  of, 

confirmed 154 

of  township  of  Townsend,  allowed  further  time  to  perform 

conditions  prescribed 161 


Index. 


797 


Proprietors,  of  the  upper  locks  and  canals  on  Conneeti(;ut  river 
in  the  ecninty  of  Hampshire,  incorporated 
of  West  Boston  bridge,  act  in  addition  to  act  incorporating 
original,  of  town  of  Lanesborough,  doings  of,  confirmed 
the  ten  original,  Waldo  patent,  to  show  cause 

Prospect,  town  of,  incorporated        .         .         ,         , 

Prout,  William  Welstead,  relating  to       .         .        . 

Provincetown,  town  of,  tax  abated  .... 

Punchard,  John,  adjutant,  account  allowed 

Putman,  Aaron,  trustee,  appointed  .... 

Putnam,  Aaron,  resolve  on  petition  of     . 

Dr.  Aaron,  account  allowed   .... 
Dr.  Amos,  allowance  to  .... 


Page 

.  504 
43,  129 
659 
637 
463 
427 
628 
674 
124 
182 
335 
633 


Quartermaster  general,  directed  to  procure  wood  for  Rainsford 

island 318 


directed  to  supply  Castle  island  with  lamps 
grant  to  . 

settlement  of  accounts  with    .... 
to  deliver  u])  tire-arms  taken  from  insurgents 
Quimby,  John,  relating  to 


.  183 
180,  552,  644 
.  318 
.  229 
.      468 


E. 

Rainsford  island,  a  wharf  to  be  erected  on  the  south  side  of 
Ralph,  Solomon,  and  others,  order  on  petition  of    . 
Ramsdell,  Abijah,  relating  to    . 

Abijah,  Jr.,  relating  to    . 

Nehemiah,  relating  to     . 

Shadrach,  relating  to 

William,  relating  to 

William,  and  others,  authorized  to  lay  oui 
No.  8,  in  county  of  Washington 
Rand,  Edward,  relating  to 
Randolph,  town  of,  incorporated 
Ransom,  Joseph,  relating  to 
Rates  and  taxes,  act  in  addition  to  act 

payment  of . 
Rawson,  Edward,  relating  to    . 

Elliot,  relating  to    . 

Nathaniel,  relating  to     . 
Ray,  William,  relating  to 


t  lands  in  Townshi]} 


for  enforcing  the  speedy 


171 
590 
477 
477 
478 
478 
478 

182 

427 

70 

279 

475 
663 
297 
467 
467 


798 


Index. 


Page 

Raymondstown,  plantation  of,  tax  abated 647 

Raynolds,  George,  relating  to 334 

Rea,  Benjamin,  relating  to 407 

Read,  Abiel,  relating  to 11 

Benjamin,  allowance  to 168,  215,  306,  588 

Benjamin,  relating  to     .  .      '  .        .        .        .        .       208 

Benjamin,  resolve  on  petition  of 237 

Nathan,  relating  to 10,  121 

Nathan,  Ji*.,  relating  to 11 

Nathaniel,  relating  to .11 

Oliver,  relating  to 11 

Simeon,  relating  to 11 

Readhead,  William,  relating  to 407 

Reading,  town  of,  account  allowed  for  support  of  poor .        218,  335,  672 

committee  on  accounts  authorized  to  examine  accounts  of, 
for  support  of  poor 

first  parish  in,  to  show  cause 
Record,  Jonathan,  relating  to 

Simon,  relating  to  . 
Rectoi",  wardens  and  vestry  of  the  Episcopal  church  in  Dedham, 

incorporated 

Redman,  Benjamin,  relating  to        ...        . 

John,  relating  to 

Jonathan,  relating  to 

Reed,  Alexander,  relating  to 

Benjamin,  allowance  to         ...         . 

Ezekiel,  relating  to 

George,  relating  to 

John,  relating  to 

Joshua,  relating  to 

Peter,  relating  to 

Samuel,  relating  to         ....         . 

Rev.  Samuel,  to  show  cause  .... 

William,  to  issue  warrant      .... 
Rehoboth,  town  of,  account  allowed  for  support  of  poor 

Catholick  Congregational  church  and  society  in  the  second 
precinct  in,  incorporated 5 

Congregational  society  in  the  first  precinct  in,  incorporated        10 

tax  abated 575 

Religious  societies  in  town  of  Newburyport,  incorporated      .         .      453 

Representatives,  list  of 140,  520 

Representatives  to  congress,  election  of 184 

Reynolds,  Benjamin,  and  others,  authorized  to  lay  out  lands  in 

Township  No.  8,  in  county  of  Washington        .        .        .182 
Rhoades,  Simeon,  relating  to 127 


.   181 

215,  605 

53 

53 

.   501 

.   407 

.   407 

.   128 

192,  333 

.   655 

6 

335,  672 

.   121 

6 

6 

6 

.   162 

.   432 

335, 672 


Index. 


799 


Rhodes,  Jonathan,  relating  to  . 

Rice,  Alexander,  relating  to     ...         . 

Mattathias,  account  allowed  . 

Matthias,  relating  to       ...         . 

Merrick,  brigade  major,  account  allowed 

William,  resolve  on  petition  of 
Rich,  Luther,  relating  to 

William,  relating  to       ...         . 
Richards,  Henry,  relating  to     . 

Jesse,  relating  to    . 

Joseph,  relating  to  .... 

Richard,  relating  to        ...        . 

Timothy,  relating  to       ...        . 
Richardson,  Abijah,  account  allowed 

Eleazer  C,  relating  to    . 

Elias,  account  allowed   .... 

Elisha,  and  family,  set  off  from  West  precinct  in  Medway 
and  annexed  to  town  of  Franklin 

Geo.,  allowance  to  .... 

Jeffrey,  resolve  on  jietition  of 

Paul,  relating  to 

Zadock,  and  others,  order  on  petition  of 
Richmond,  town  of,  account  allowed  for  suppoi't  o 
Richmond,  Elkanah,  relating  to        .         .         . 
Rider,  Samuel,  relating  to        ...        , 
Ripley,  Rev.  Ezra,  ti'ustee,  appointed 

Rev.  Ezra,  chaplain  of  the  general  court,  allowance  to 
River  Meadow  brook,  opening  of  sluice  Avays  in  mill  dams  on 

regulated 

Road,  across  Hoosuck  mountain,  relative  to    . 

over  Hoosuck  mountain,  order  on  petition  for 
Road,  public,  to  be  surveyed  from  town  of  Boston  to  town  of 

Worcester 

Robbins,  Edward  Hutchinson,  speaker  of  the  house  of  r 
fives,  allowance  to       ...        . 

Eleazer,  set  off  from  town  of  Stoughton  and  annexed  to 
town  of  Foxborough  .... 

John,  relating  to 

Joseph,  and  others,  resolve  on  petition  of 

Solomon,  to  issue  warrant 
Roberts,  David,  relating  to        ...         . 


f  poor 


Page 

.  477 
.  100 
.  564 
.  468 
.  674 
547, 651 
.   573 


epresenta 


Jonathan,  reh^ting  to      ...         . 
Joseph,  relating  to  .... 

Joseph,  Jr.,  relating  to  . 
Joseph,  Jr.,  and  others,  order  on  petition  of 


53 
.  478 
.  501 
.  478 
.  478 
.  501 
.  565 
.  477 
340,  676 

22 
292 
291 
183 
215 
335 
156 
102 
421 
213 

132 

267 
579 

146 

581 


79 
445 
162 
467 
376 

53 
53,  376 

53 
209 


800 


IroEx. 


resolve  on  petition  of 


Robins,  Edward  H.,  allowance  to 
Robinson,  David,  relating  to     . 

George,  relating  to 
Jonathan,  relating  to 

Noah,  relating  to    . 

Thomas,  and  others,  resolve  on  petition  of    . 
Robison,  Thomas,  and  others,  resolve  on  petition  of 
Roby,  Henry,  account  allowed          .... 
Roche,  Frederick,  relating  to 

Thomas,  resolve  on  petition  of      .         .         . 
Rochester,  town  of,  account  allowed  for  support  of  poor 

to  show  cause  ....... 

Rochester,  Middleborough  and  Freetown,  towns  of,  act  in  addition 
to  act  incorporating  the  Congregational  precinct  in 

Congregational  precinct  in,  incorporated 
Rogers,  James,  relating  to 

Phebe,  relating  to  . 

Richard,  and  others, 

Robert,  relating  to 

Samuel,  relating  to 
Rogerson,  John,  relating  to 

Rev.  Robert,  relating  to 
Root,  Azariah,  adjutant,  account  allowed 
Ross,  Samuel,  account  allowed 
Rowe,  Jacob,  account  allowed . 
Rowen,  Jane,  relating  to  . 

Roxbury,  town  of,  accoi;nt  allowed  for  support  of  poor 
Royle,  Phillip,  and  wife,  relating  to 
Ruddock,  Abiel,  relating  to 

John,  relating  to    . 
Rummer,  Thomas,  relating  to  . 
Russell,  Benjamin,  account  allowed 

Chambers,  relating  to     . 

Ephraim,  account  allowed 

Ephraim,  treasurer  to  issue  notes 

George,  relating  to 

Jesse,  emj^owered  to  sell  the  real  estate  mentioned 

Jesse,  order  on  petition  of 

Jesse,  resolve  on  petition  of 

Jonathan,  set  oflf  from  town  of  Dartmouth  and  annexed  to 
town  of  Westport 

Joseph,  account  allowed 

Joseph,  i-esolve  on  petition  of 

Joseph,  Jr.,  relating  to  . 

Nathaniel,  relating  to     . 


to 


Page 

314 

11 

472 

11 

11 

149 

547 

338 

648 

648 

192 

618 

493 

101 

606 

596 

524 

472 

407 

6 

6 

40,  675 

564 

339 

192, 596 

335,  673 

673 

156 

157 

60 

194 

599 

566 

585 

193 

265 

152 

265 


62 
194 
153 
210 

585 


Index. 


801 


Russell,  Samuel,  relating  lo 

Samuel,  and  others,  order  on  petition  of       .         .         . 

Stephen,  relating  to 

Thomas,  and  Judith  Cooper,  resolve  on  representation  of 
Ryan,  Dr.,  relating  to        .......         . 

Ryley,  Adam,  relating  to 


Page 

407 
590 
11 
293 
193 
218 


s. 

Saco  river,  toll  granted  to  proprietors  of  bridges  over  .         .        .117 

SafFord,  Dr.,  account  allowed 671 

Saint  Peter's  church,  proprietors  of,  incorporated  ....       462 
Salem,  town  of,  account  allowed  for  support  of  poor     .         .       335,  672 

proprietors  of  Saint  Peter's  church  in,  incorporated       .         .       462 
Salisbury,  town  of,  boundary  line  between  East  and  West  parishes 

in,  changed 345 

divided  into  two  parishes 83 

Salisbury,  William,  allowance  to 552,  612 

Salmon  and  shad,  taking  of,  in  Connecticut  river,  in  town  of  South 

Hadley,  regulated 

Salmon,  shad  and  alewives,  act  in  addition  to  act  for  preservation 
of,  in  rivers  and  streams  in  counties  of  Cumberland  and 
Lincoln        ......... 

act  in  addition  to  act  regulating  the  catching  of,  in  Merri 
mack  river  ......... 

fishery  of,  in  rivers  and  sti'eams  in  town  of  Andover,  regu 

lated    

Saltonstall,  Nathaniel,  relating  to 

Samson,  Cornelius,  relating  to 

Josiah,  relating  to  ....... 

Sanderson,  Isaac,  relating  to     ......         . 

Sandisfield,  town  of,  First  Baptist  society  in,  incorporated 

to  be  discharged  from  the  sum  mentioned    . 

to  show  cause 

treasurer  to  credit  with  the  sum  mentioned 
Sandy  River,  plantation  of,  incorporated  as  town  of  Farmington 
Sanford,  town    of.  North  parish   in,  incorporated  as   district  of 
Alfred  .... 

to  show  caixse 
Sanger,  Abraham,  relating  to  . 

Richard,  relating  to 
Sai'gent,  Aaron,  relating  to 

David,  I'elating  to  . 

Epes,  relating  to     . 


507 


461 
494 

119 

108 
299 
299 
161 
466 
623 
244,  585 
588 
432 


436 
65,  180 
40 

571 
40 
40 
40 


802 


li^DEX. 


Sargent,  Nathan,  relating  to 

Nehemiah,  relating  to 

Neheniiali,  Jr.,  relating  to 

Winthrop,  relating  to 

Sarjent,  John,  adjutant,  account  allowed 

Sassaman,  Mary,  relating  to     .....         . 

Saunders,  John,  allowance  to 

John,  Jr.,  allowance  to 

Polly,  relating  to 

Savage,  Habijah,  relating  to 

Savery,  Thomas,  resolve  on  petition  of    . 

Sawin,  Thomas,  2d,  resolve  on  petition  of       .         .        . 

Sawyer,  Abraham,  Jr.,  relating  to 

Enoch,  and  others,  order  on  petition  of 

Ezekiel,  relating  to        .....        . 

Ezekiel,  resolve  on  petition  of       ...        . 

James,  relating  to 

John,  relating  to 

Scammou,  James,  deputy  adjutant  general,  account  allowed 

Nathaniel,  relating  to 

Samuel,  relating  to 

Scituate,  town  of,  account  allowed  for  support  of  poor  . 

additional  notary  public  to  be  elected  for 
Schools,  Charlestown  free,  trustees  of,  incorporated 
Schribner,  Daniel,  order  on  petition  of    . 
Schyler,  General,  relating  to    . 
Scott,  James,  relating  to  . 

Thomas,  treasurer  to  issue  notes  to 
Scudraore,  John,  relating  to     . 
Sealand,  James,  relating  to       .        .        . 
Searl,  Isaac,  allowance  to  .         .        . 

Nathaniel,  Jr.,  allowance  to  . 
Sears,  Paul,  relating  to     . 

Seaver,  William,  brigade  major,  account  allowed 
Sebree,  Elijah,  setoff  from  town  of  Charlton  and  annexed  to  town 

of  Sturbridge 29 

Second  parish,  in  town  of  Needham,  to  show  cause  .  .  .  610 
Second  precinct,  in  New  Bedford,  incorporated  ....  13 
Secretary  of  the  Commonwealth,  allowance  to        .         .         .        169,  539 

directed  to  distribute  copies  of  decision  rendered  by  the 
supreme  court  of  the  United  States 

directed  to  furnish  Massachusetts    Historical  society  with 
cei'tain  publications    . 

directed  to  have  printed  the  constitution  and  laws  of  the 
United  States      .... 


Page 

477 

61 

61 

40 

566 

192 

665 

551 

333,  671 

268 

279 

571 

40 

601 

277 

670 

40 

83 

339 

468 

468 

335, 672 

145 

124 

180 

634 

407 

273 

196,  336,  565, 673 

477 

666 

583 

466 

675 


563 


309 


245 


Index. 


803 


Page 
Secretary  of  the  Commonwealth,  directed  to  obtain  copy  of  the 

record  of  the  case  against  state  of  Georgia  .  .  .  315 
directed  to  make   transcript  of  county  books   containing 

valuation      ..........  288 

directed  to  publish  act  for  districting  the  Commonwealth 

for  choice  of  councillors  and  senators  ....  668 
directed  to  publish  resolve  continuing  matters  referred  to 

the  genei-al  court 200, 670 

dii'ected  to  record  report  of  committee  to  examine   and 

adjust  accounts  of  treasurer 657 

dii'ected  relative  to  exjiense  of  removing  court  papers,  etc., 

to  town  of  Concord 317 

duties  of,  defined  in  election  of  members  of  congress          .  185 

duties  of,  defined  in  the  election  of  presidential  electors      .  189 

grant  to 216 

to  transmit  copy  of  a  resolve  to  assessors  of  the  several 

towns,  districts  and  plantations 148 

Sedgwick,  Theodore,  relating  to 403 

Sedswick,  Theodore,  relating  to 698 

Seely,  John,  and  others,  order  on  petition  of 238 

Seguin,  island  of,  grant  of  part  of,  to  the  United  States  for  light- 
house ...........  444 

Selectmen,  district  of  Bethlehem,  resolve  on  petition  of          .        .  652 

district  of  Easthampton,  resolve  on  petition  of     .        .        .  144 
town  of  Barnstable,  resolve  on  petition  of    .        .        .       628,  649 
town  of  Biddeford,  resolve  on  petition  of      .        .        311,  617,  649 

town  of  Boston,  allowance  to,  for  support  of  poor        .        .  557 

town  of  Brookfield,  resolve  on  petition  of     .        .         .        .  227 

town  of  Brunswick,  resolve  on  petition  of    .        .         .        .  530 

town  of  Buxton,  resolve  on  petition  of 303 

town  of  Charlemont,  resolve  on  petition  of  .  .  .  .  312 
town  of  Chelmsford,  treasurer  to  pay  annually,  for  the  use 

of  Capt.  Matthew  Chambers,  the  sum  mentioned      .         .  655 

town  of  Coxhall,  order  on  petition  of 209 

town  of  Danvers,  resolve  on  petition  of        ...        .  223 

town  of  Edgartown,  i-esolve  on  memorial  of         .         .         .  271 

town  of  Georgetown,  resolve  on  petition  of  .         .         .       160,  623 

town  of  Great  Barrington,  resolve  on  petition  of          .        .  258 

town  of  Hancock,  resolve  on  petition  of        ...        .  282 

town  of  Hebron,  resolve  on  petition  of 249 

town  of  Lenox,  resolve  on  petition  of    .         .         .        .       151,  623 

town  of  Milton,  allowance  to         .....         •  588 

town  of  Norton,  resolve  on  petition  of 147 

town  of  Petersham,  resolve  on  petition  of     .         .         .        .  232 

town  of  Provincetown,  resolve  on  petition  of               .         .  628 


804  Index. 


town  of  Rehoboth,  resolve  on  petition  of      .        .        . 
town  of  Westbovough,  resolve  on  petition  of 
town  of  West  Springfield,  resolve  on  petition  of  . 
town  of  Windsor,  resolve  on  petition  of       .         .         . 
town  of  York,  resolve  on  petition  of     . 
Selectmen  and  assessors,  town  of  Boothbay,  resolve  on  petition  of 
Selectmen  and  inhabitants,  town  of  Warren,  oi'der  on  petition  of 
Selley,  Benjamin,  relating  to   . 

William,  relating  to 

Senatorial  and  councillor  districts,  established 

Senators,  list  of 139, 519 

Senatoi's  in  congress,  instructed  relative  to  proposed  amendment 

to  constitution  relating  to  suability  of  a  state  .         .         .       590 
Senators  and  councillors,  secretary  directed  to  publish  act  desig- 
nating districts  for  the  choice  of 668 

Sever,  William,  brigade  major,  account  allowed     ....       218 

Sewall,  David,  account  allowed 338 

David,  member  of  committee,  appointed  ....  278 
Dumnier,  member  of  committee,  appointed  ....  303 
Henry,  deputy  adjutant  general,  account  allowed        .        ,      339 

Joseph,  relating  to 54 

Samuel,  relating  to 54 

Sewell,  David,  relating  to 443 

Sexton,  Frederick,  relating  to 624 

James,  relating  to 624 

Shad  and  alewives,  act  for  preservation  of,  in  Mystic  river,  con- 
tinued   500 

Shad  and  salmon,  taking  of,  in  Connecticut  I'iver,  in    town  of 

South  Hadley,  regulated 507 

Shad,  bass  and  alewives,  town  of  Newbury  to  regulate  the  taking 

of,  in  river  Parker 67 

Shad,  salmon  and  alewives,  act  in  addition  to  act  for  jjreservation 
of,  in  rivers  and  streams  in  counties  of  Cumberland  and 

Lincoln 461 

act  in  addition  to  act  regulating  the  catching  of,  in  Merri- 
mack river 494 

fishery  of,  in  rivers  and  streams  in  town  of  Andover,  regu- 
lated     119 

Shapleigh,  town  of,  order  on  petition  of  certain  inhabitants  of 

town  of  Sanford  to  be  annexed  to 165 

Woodman's  grant  set  off  from  town  of  Lebanon  and  an- 
nexed to 58 

Sharon,  town  of,  certain  inhabitants  set  otf  from    ....         79 
Shattvack,  Benjamin,  allowance  to 279 


Index. 


805 


Page 


Shattnck,  John,  set  off  from  town]  of  Ashburnham  and  annexed 

to  town  of  Ashby        .... 
Shaw,  Benjamin,  relating  to     . 

Daniel,  and  others,  order  on  petition  of 

Joshua,  adjutant,  account  allowed 

Jotham,  relating  to         ...        . 

William,  relating  to        ...         . 

William,  and  wife,  relating  to 
Shed,  Jonathan,  allowance  to  . 

Sheepscott  river,  proprietors  of  bridge  over,  between  towns  of 
Pownalborough  and  Newcastle,  incoi'porated  . 

Sheftenee,  John,  relating  to 

Sheffield,  town  of,  to  show  cause 

Shelburne,  town  of,  account  allowed  for  support  of  poor 

tract  of  land  annexed  to        ....        . 

Sheldon,  Benajah,  relating  to 

Shepard,  Benjamin,  resolve  on  petition  of       .         .         , 

Daniel,  relating  to 

Elexander,  Jr.,  relating  to 

Jonathan,  relating  to 

Nathaniel,  relating  to 

Solomon,  relating  to 

Thomas,  relating  to 

William,  allowance  to 

William,  resolve  on  petition  of     . 
Shephard,  Alexander,  Jr.,  relating  to       ...        , 

William,  trustee,  appointed 

Shepherd,  William,  and  Samuel  Fowler,  resolve  on  memoi 
Sheppard,  John,  to  be  paid  as  witness     .... 
Sherburn,  town  of,  account  allowed  for  support  of  j^oor 

tax  abated       ........ 

Sheriif,  relative  to  vacancy  in  office  of     . 
Shorey,  Abel,  relating  to 

Abel,  2d,  relating  to 

Jacob,  relating  to  . 

John,  relating  to     . 
Short,  Ebenezer,  relating  to     . 
Shott,  Ebenezer,  relating  to 
Shi'ewsbury,  town  of,  account  allowed  for  support  of  poor,  192,  565,  673 


47 
.  128 
.  237 
.  340 
53 
192,564,671 
.  333 
.       629 


.       409 

.       192 

.       640 

597,  672 

98 

11 

.      538 

.      467 

.      669 

60 

.      467 

.      467 

.      467 

.       282 

.      280 

.      639 

.      349 

157 

662 

218 

646 

39 

11 

11 

11 

11 

6 

671 


Elijah  Whitney,  set  oif  from 

Shurtlift,  Francis,  resolve  on  jDetition  of  . 

Shutesbury,  town  of,  account  allowed  for  support  of  poor 

Shuttleworth,  Samuel,  relating  to 

Silva,  George  de,  relating  to 

Simpson,  Paul,  relating  to 


alof 


66 
238 
597 
562 
335 
234 


806 


I]S^DEX. 


with 


SimsoD,  Charles,  relating  to 

Sisson,  Job,  set  off  from  town  of  Dartmouth  and  annexed  to  town 
of  Westport 

Skillen,  Isaac,  relating  to 

Skinner,  Thomson  J.,  member  of  committee,  appointed 

Tompson,  J.,  member  of  committee,  appointed 

Tompson,  J.,  relating  to 

Tompson,  J.,  to  call  meeting 
Slack,  Eliphalet,  relating  to 

Eliphalet,  trustee,  appointed 

Thomas,  I'elating  to 
Slauter,  Ephraim,  relating  to  . 
Small-pox,  hospitals  for  inoculation  with,  established 

relative  to  establishment  of  hospitals  for  inoculating 
Smead,  David,  order  on  petition  of . 

David,  resolve  on  petition  of 

David,  to  issue  warrant . 

David,  and  others,  resolve  on  petition  of 
Smeed,  David,  and  others,  order  on  petition  of 
Smiley,  James,  relating  to 

William,  relating  to 
Smink,  Peter,  to  be  liberated  from  prison 
Smith,  Abijah,  relating  to 

Alexander,  Jr.,  relating  to 

Alexr  ,  relating  to  . 

Asa,  relating  to 

Benjamin,  allowance  to . 

Benjamin,  relating  to     . 

Ebenezer,  to  issue  warrant 

Elias,  order  on  petition  of,  to  be  set  off'  from  town  of 
ley  and  annexed  to  town  of  Amherst 

Elisha,  relating  to  . 

Henry,  relating  to  . 

Henry,  Jr.,  relating  to    . 

Hezekiah,  relating  to 

Col.  Isaac,  relating  to     . 

Jaziel,  I'elating  to  . 

Jaziel,  Jr.,  relating  to    . 

Jesse,  and  others,  order  on  petition  of 

John,  brigade  major,  account  allowed 

Joseph,  relating  to  .        .        . 

Joshua,  relating  to  .        .         . 

Joshua,  Jr.,  relating  to  . 

Laban,  relating  to  . 

Martha,  treasurer  to  issue  notes  to 


Page 
335 


62 

468 

298 

251 

403 

405 

11 

11 

407 

467 

85 

50 

161 

667 

418 

298 

579 

60 

60 

244 

467 

650 

218,  597 

54 

219,  337,  528 

589 

471 

Had- 

561 

466 

128 

128 

472 

376 

54 

54 

580 

193,  339,  675 

6 

6 

6 

64 

650 


Index. 


807 


pre 


Smith,  Mary,  relating  to 

Nathan,  relating  to 

Nathaniel,  relating  to 

Oliver,  resolve  on  petition  of        .        .        . 

Perrygreen,  relating  to 

Peter  Thatcher,  relating  to    . 

Samuel,  member  of  committee,  appointed    . 

Samuel,  relating  to 

Samuel,  resolve  on  petition  of       .         .        . 

Samuel,  2d,  relating  to 

Thomas,  relating  to 

Thomas,  and  others,  oixler  on  j^etition  of 

William,  relating  to 

Snow,  Isaac,  resolve  on  petition  of  . 

Societies,  religious,  in  town  of  Newburyport,  incorporated    . 

Society,  Baptist,  of  Turner  and  Bucktown,  incorporated 

Baptist  religious,  in  Haverhill,  incorporated 

Baptist  religious,  in  West  Stockbridge,  incoi'porated  . 

Catholick  Congregational  church  and,  in  the  second 
cinct  in  the  town  of  Rehoboth,  incorpoi'ated 

Congregational,  in  the  first  precinct  in  the  town  of  Reho 
both,  incox'porated 

Episcopalian,  in  town  of  Pittston,  incorporated    . 

First  Baptist,  in  Sandisfield,  incorporated 

First  Baptist  of  Sandisfield,  order  on  petition  for  incorpora 
tion  of 

First  Congregational,   in   Mendon,  act   incorporating,  re 
pealed 

First  Congregational,  in  town  of  Taunton,  trustees  of,  ap- 
jjointed 

Massachusetts  Historical,  incorporated 

Methodist,  in  the  first  parish  of  Lynn,  incorporated     . 

West  Congregational,  in  town  of  Taunton,  incorjDorated 

Soderstrom,  Richard,  relating  to 

Soldiers  and  oSicers  of  the  continental  army,  further  provision 

relative  to  payment  of  unclaimed  balances  due  to 
Soldiers  and  officers,  deceased,  of  the  continental  army,  relative 

to  payment  of  balances  due  to  . 
Sollendine,  Isaac,  resolve  on  petition  of  . 
Somerset,  town  of,  addition  to  act  incorporating     . 

Somes,  John,  relating  to 

Sopei",  Levi,  relating  to 

Soule,  David,  set  oft'  from  town  of  Dartmouth  and  annexed  to 

town  of  Westport 

Southgate,  Robert,  trustee,  appointed 


Page 

671 

6 

53 

317 

466 

502 

299 

11,601 

634 

6 

6,502 

258 

15 

277 

453 

53 

60 

467 


10 
128 
466 

585 

42 

104 
443 
477 
121 
224 

609 

533 

280 

353 

40 

4G6 

62 
511 


808 


Index. 


Page 


South   Hadley,  town   of,  taking  of  fish  in  Connecticut  river  in, 

regulated 

South  meeting  house,  in  town  of  Danvers,  proprietors  of,  em- 
powered to  raise  money  by  tax  ..... 
South  parish,  in  New  Marlborough,  incorporated  .... 
in  town  of  Danvers,  certain  assessment  in,  declared  valid 

in  town  of  Danvers,  dissolved 

South  precinct,  of  town  of  Braintree,  incorporated  as   town   of 

Randolph     .        .  

in  town  of  Cambridge,  to  show  cause 

Southwick,  town  of,  account  allowed  for  support  of  poor     .       335,  672 
Sowerdabscook,  plantation  of,  with  part  of  town  of  Frankfort, 

incorporated  as  town  of  Hampden 

Spafford,  Benjamin,  authorized  to  sell  the  real  estate  mentioned 

Polly  Adams,  relating  to 

Sally,  relating  to 

Sparhawk,  Mrs.  Elizabeth,  and   Charles   Chauncey,  resolve  on 

petition  of 278 

Samuel,  order  on  petition  of 606 

Spars,  masts,  logs  and  other  timber,  act  to  secure  to  owners  their 

property  in 448 

Spaulding,  James,  relating  to 47 

Speaker  of  the  house  of   representatives,  allowance  to,  172,  202,  271, 

543,581,632 

member  of    committee,  appointed 653 

Speech  of  governor,  at  opening  of  May  session,  1792    .        .        .      681 

at  opening  of  November  session,  1792 686 

at  opening  of  January  session,  1792 691 

at  opening  of  September  session,  1793         ....      699 
in  November  session,  1792 689 


507 

423 
471 
178 
423 

70 
606 


464 
652 
652 
652 


Speech  of  lieutenant  governor,  at  openin 
Spencer,  town  of,  account  allowed  for  sii 
Spencer,  Daniel,  relating  to 
Spinney,  Benjamin,  relating  to 

Nathaniel,  relating  to     . 

Robert,  relating  to 
Spooner,  Ephraim,  to  issue  warrant 

Joshua,  relating  to 

Nathaniel,  i-elating  to     . 

Walter,  relating  to 

Walter,  trustee,  appointed 

Walter,  and  Joseph  Nye,  resolve 

Dr.  William,  account  allowed 
Sprague,  Anthony,  relating  to 

John,  permitted  to  pay  treasurer  in  state  notes 


g  of  Januai'y  session,  1793      706 

pport  of  poor  .       193,  218,  336 

467 


on  memorial  of 


478 

25 
477 

92 
534 

90 
529 

45 
299 
191 
316 
153 


Index. 


809 


Page 

Spring,  Marshall,  account  allowed 673 

Dr.  Marshall,  account  allowed 335 

Rev.  Sanuiel,  allowance  to 577 

Rev.  Samuel,  relating  to 453 

Springfield,  town  of,  account  allowed  for  support  of  poor     .        .  335 

additional  notary  public  to  be  elected  for     ....  145 

proprietors  of  mill  dams  in,  to  show  cause  ....  555 

to  show  cause         .........  538 

SiJi'out,  James,  resolve  on  petition  of 287 

Stackpole,  John,  treasui'er  to  credit  with  the  sum  mentioned          .  651 

Lieut.,  relating  to 674 

Standish,  plantation  of,  tax  abated 647 

Standish,  Gorham  and  Buxton,  towns  of,  boundary  lines  between, 

established 618 

boundary  lines  between,  to  be  run 303 

Standish,  Jonas,  relating  to .  467 

Standly,  Peirce,  relating  to 115 

Stanwood,  Joseph,  relating  to 427 

William,  and  others,  order  on  petition  of      ...        .  608 

Staples,  Joshua,  treasurer  to  pay 648 

Starker,  Amos,  relating  to 478 

Starkweather,  Ei^hcaim,  relating  to          ......  11 

Oliver,  I'elating  to 11 

State  lottery,  resolve  on  memorial  of  the  managers  of  .         .        .  210 

State  tax,  apportioned  and  assessed 354 

States,  suability  of,  senators  in  congress  instructed  relative  to  pro- 
posed amendment  to  constitution  relating  to     .        .         .  590 

St.  Clair,  Francis,  relating  to 597 

Stearns,  Josiah,  allowance  to 215 

Josiah,  trustee,  apjjointed 419 

Josiah,  and  others,  authorized  to  survey  a  i^ublic  road  from 

town  of  Boston  to  town  of  Worcester        ....  146 
Josiah,  and  others,  to  ascertain  most  convenient  place  for  a 

road  between  towns  of  Boston  and  Worcester  .        .         .  214 

Stedman,  Amos,  relating  to 284 

John,  relating  to 284 

William,  resolve  on  petition  of    - 639 

Steel,  Joseph,  relating  to 191,332 

Stephens,  Samuel,  relating  to 11 

Sterling,  town  of,  account  allowed  for  support  of  poor  .        .       335,  673 

additional  notary  public  to  be  elected  for     ....  145 

boundary  line  between  town  of  Lancaster  and,  re-established  80 

Sternes,  Josiah,  account  allowed 566 

Josiah,  allowance  to 168 

Stevens,  Joseph,  relating  to 95 


810 


Index. 


Stevens,  Thomas,  relating  to 
Stewart,  Eliza.,  relating  to 

James,  resolve  on  petition  of 

John,  and  wife,  relating  to    . 
Stickney,  Jonathan,  resolve  on  petition  of 
Still,  Benja.,  relating  to     . 

Benjamin,  and  wife,  relating  to 
Stillman,  Benjamin  Morgan,  relating  to  . 

George,  account  allowed 

George,  member  of  committee,  appointed     , 

George,  and  others,  resolve  on  representation  of 

Samuel,  relating  to 

St.  John,  Martha,  relating  to 

St.  Johns,  Martha,  relating  to 

Stock  bridge,  town  of,  account  allowed  for  support  of  poor 

committee  on  accounts  authorized  to  examine  accounts  of, 
for  support  of  poor 

to  show  cause 

treasurer  not  to  issue  warrant  of  distress  against  assessors 
of         .         .  .... 

Stodard,  Jona.,  account  allowed 
Stoddard,  Oringh,  allowance  to        .         .        , 
Stone  lime,  act  for  ascertaining  the  quality  of 
Stone,  Isaac,  allowance  to        ...         . 

John,  and  John  Haven,  empowered  to  confirm  and  release 
the  tract  of  land  mentioned 

John,  and  John  Haven,  may  be  licensed  as  innholders 

Robert,  relating  to 

William,  adjutant,  account  allowed       .... 
Storer,  Clement,  relating  to 

Ebenezer,  allowance  to 

Joseph,  relating  to 

Story,  Elisha,  relating  to 

Elisha,  resolve  on  petition  of 

Wm.,  Jr.,  relating  to 

Stoughton,  town  of,  account  allowed  for  support  of  poor 

certain  inhabitants  set  off  from 

to  show  cause 

Stratton,  Samuel,  account  allowed 

Stuart,  Elisha,  relating  to 

Sturbridge,  town  of,  certain  inhabitants  of  town  of  Charlton  an 

nexed  to 

to  show  cause 

Stutson,  John,  account  allowed 


Page 
407 

564 
208 
333 
6,307 
673 

193, 336 
472 
676 
316 
668 
472 

151, 192 
596 


565 

667 
238 

201 
676 
549 
498 
292 


145 
198 
235 
675 

25 
236,  540 

25 

64 
156 
532 
336 

79 
557 
597 
274 


29 

627 

338,  676 


Index. 


811 


Page 

Suability  of  a  state,  senators  in  congress  instructed  relative  to 

liroposed  amendment  to  constitution  relating  to       .        .  590 

Sudbmy,  town  of,  fine  remitted        .......  651 

treasurer  to  stay  execution  against       .....  547 

Suffolk  county,  act  in  addition  to  act  dividing          ....  378 

additional  notary  public  to  be  appointed  for         .         .         .  526 

constituted  a  district  for  tlie   election  of  councillors   and 

senatoi's 465 

divided ' Ill 

part  of  act  dividing,  repealed 353 

Suffolk,  Essex  and  Middlesex  counties,  designated  as  a  congres- 
sional district 185 

Suits  at  law,  inhabitants  of  towns  and  members  of  societies  ad- 
mitted as  witnesses  in 57 

Sullivan,  James,  authorized  to  convey  the  land  mentioned     .         .  581 

relating  to 412, 443 

to  call  meeting 444 

Sumner,  John,  authorized  to  make  deed  of  the  land  mentioned     .  315 

Sunderland,  town  of,  to  show  cause 257 

Supreme  judicial  court,  allowance  (o  justices  of     ....  642 

authorized  to  order  pay  to  certain  witnesses         .        .         .  662 

authorized  relative  to  evidence  in  certain  cases  involving 

confiscation  of  absentees'  estates 630 

for  counties  of  Lincoln,  Hancock  and  Washington,  place  of 

holding,  changed 107 

Sutton,  town  of,  certain  inhabitants  set  off  from      ....  60 

to  show  cause 177 

Swallow,  Araaziah,  set  off  from  town  of  Groton  and  annexed  to 

town  of  Dunstable 64 

Swan,  Samuel,  Jr.,  relating  to 412 

Swanson,  Robert,  and  others,  order  on  petition  of          ...  209 

Swanzey,  town  of,  account  allowed  for  support  of  poor         .        .  193 

act  in  addition  to  act  incorporating   part  of,  as  town  of 

Somerset .         .        .  353 

Swett,  John,  relating  to 53 

Swift,  Rev.  Seth,  relating  to 403 

Sword,  Thomas,  relating  to 596 

Sylvester,  Caleb,  adjutant,  account  allowed 566 

David,  relating  to 409 

Symmes,  Mary  Ann,  relating  to 556 


812 


Index. 


Page 
53 

297 
407 

60 
288 
583 

40 
il8,  597 
145 

44 

230 

104 

121 

92 


T. 

Taler,  Richard,  relating  to 

Tallcut,  Matthew,  authorized  to  sell  the  lands  mentioned 

Tapley,  Pelatiah,  relating  to     . 
William,  relating  to 

Tarbell,  Samuel,  relating  to     . 

Samuel,  resolve  on  petition  of 

Tarbox,  Benjamin,  relating  to'. 

Taunton,  town  of,  account  allowed  for  support  of  poor 
additional  notary  public  to  be  elected  for    . 
Bristol  academy  established  in      ...        . 
order  on  petition  that  part  of,  be  incorporated  as  township 

of  Kingsborough 

trustees  of  First  Congregatioijal  society  in,  appointed 
West  Congregational  society  in,  incorporated 

Taunton  great  river,  fisheries  in,  regulated     . 

Tawlman,  Jonathan,  Jr.,  set  off  from  town  of  Dartmouth  and  an- 
nexed to  town  of  Westport 62 

Tax,  on  district  of  Bethlehem,  abated 652 

on  plantation  of  Bridgeton,  abated 609 

on  plantation  of  Otisfield,  abated  ......      621 

on  town  of  Adams,  abated 546 

on  town  of  Charlemont,  abated 312 

on  town  of  Chi] mark,  abated 258 

on  town  of  Dartmouth,  abated 575 

on  town  of  Georgetown,  abated 160,  623 

on  town  of  Haverhill,  abated 594 

on  town  of  Hebron,  abated 249 

on  town  of  Limington,  abated 613 

on  town  of  Louden,  abated 625 

on  town  of  Marblehead,  abated 260 

on  town  of  Mai'lborough,  abated 638 

on  town  of  Provincetown,  abated 628 

on  town  of  Rehoboth,  abated 675 

on  town  of  Sherburn,  abated 646 

on  town  of  Tisbui'y,  abated 537 

on  town  of  Westfield,  abated 157,  640 

on  town  of  West  Stockbridge,  abated 272 

on  town  of  Williamstown,  abated 558 

Tax,  granted  county  of  Barnstable 250,  6 1 1 

county  of  Berkshire 213,  540 

county  of  Cumbei'land 549 

county  of  Dukes  County 210 

county  of  Essex 302,524,007 


Index. 


813 


Page 

234,  620 

.      641 

.      207 

247,  611 

226,  531 

268 

226, 632 

231,  607 

354 


273 

647 
48 


Tax,  granted  county  of  Hampshire 
county  of  Hancock 
county  of  Lincoln  . 
county  of  Middlesex 
county  of  Plymouth 
county  of  Washington 
county  of  Worcester 
county  of  York 

Tax,  state,  apportioned  and  assessed 

Taxes,  due  from  counties  of  Hancock  and  Washington  to  county 

of  Lincoln,  relative  to 

on  towns,  districts  and  plantations  in  counties  of  Hancock 

and  Washington,  abated 

relative  to,  in  counties . 

Taxes  and  rates,  act  in  addition  to  act  for  enforcing  the  speedy 

payment  of 475 

Taylor,  David,  empowered  to  convey  the  land  mentioned       ,        .  230 

Eleazer,  relating  to 230 

Ezra,  relating  to 580 

Hannah,  relating  to 230 

Othniel,  relating  to 312 

Seth,  relating  to 447 

Tewksbury,  town  of,  account  allowed  for  support  of  poor     .       193,  336 

Thacher,  James,  relating  to 90 

Josiah,  resolve  on  petition  of 573 

Peter,  relating  to 443 

Rev.  Peter,  chaplain  of  the  general  court,  allowance  to      306,  656 

Josiah,  trustee,  appointed 511 

Samuel,  allowance  to     .......        .  155 

Thatcher,  Ebenezer,  relating  to 254 

George,  I'elating  to 698 

Josiah,  member  of  committee,  appointed      ....  149 

Josiah,  to  issue  warrant         .......  54 

Mary,  authorized  to  sell  the  real  estate  mentioned       .        .  254 

Samuel,  relating  to 254 

Thaxter,  Quincy,  adjutant,  account  allowed 675 

Thayer,  Ebenezer,  allowance  to 154 

Ebenezer,  Jr.,  to  issue  warrant 276 

Samuel  M.,  brigade  major,  account  allowed         .        .       339,  675 

Third  religious  society  in  Newburyport,  incorporated    .        .        .  453 

Thomas,  James  and  Mary,  Indians,  resolve  on  petition  of     .        .  167 

Joseph,  relating  to 90 

Joshua,  relating  to 90 

Joshua,  to  examine  accounts  of  Ichabod  Benson  .        .        .  232 

Judah,  and  William  Kent,  resolve  on  petition  of          .        .  223 


814 


Index. 


Page 

Thomas,  Nathaniel,  aud  wife,  relating  to 192 

Waterman,  relating  to 320 

Thomaston,  town  of,  account  allowed  for  support  of  poor     .         .      336 

Thompson,  David,  allowance  to 612 

Isaac,  member  of  committee,  appointed        ....      601 

James,  relating  to 192 

Jareel,  relating  to  ........         .      467 

Ralph,  set  off  from  town  of  Stoughton  and  annexed  to 

town  of  Foxborough 79 

Samuel,  relating  to 466 

Samuel,  resolve  on  petition  of 171 

Samuel,  Jr.,  relating  to 467 

William,  authorized  to  sell  the  land  mentioned    .        .        ,      268 

Thorlo,  John,  relating  to 63 

Threadmire,  Coonrod,  relating  to    .        .        .         .        .        .         .       193 

Tlmrston,  Daniel,  relating  to 60 

Nathaniel,  relating  to 108 

Saml.,  order  on  petition  of 532 

Thwing,  Nathl.,  allowance  to 289,  314 

Nathaniel,  resolve  on  memorial  of 273 

Samuel,  account  allowed 195 

Tidd,  Jonathan,  relating  to 265 

Tidmarch,  Richard,  relating  to 311 

Tidmarsh,  Richai'd,  relating  to 164 

Tilley,  John,  treasurer  to  issue  notes  to 571 

Timber,  act  to  secure  to  owners  their  property  in  certain  .  .  448 
Timber  and  wood,  act  for  securing  the  growth  of,  in  certain  towns  .  114 
Timson,  Marshall,  relating  to  .        .        .        .         .         .        .       596, 672 

Tisbuiy,  town  of,  tax  abated 537 

to  show  cause 258 

Tisdale,  James,  i-elating  to 121 

James,  trustee,  appointed 45 

Joseph,  trustee,  appointed 45 

Simeon,  trustee,  appointed     .......         45 

Titcomb,  Benja.,  account  allowed 674 

Benjamin,  Jr.,  account  allowed 194,  598 

Caleb,  and  Simeon,  authorized  to  sell  and  convey  the  land 

mentioned 222 

Enoch,  relating  to 83, 345 

Enoch,  Jr.,  allowance  to 168,  215,  306 

Hannah,  and  others,  resolve  on  petition  of  .        .        .        .      222 

Joshua,  relating  to 83, 345 

Josiah,  relating  to 222 

Maj.  Gen.,  relating  to 685 

Richard,  relating  to 83, 345 

Titterton,  Widow,  relating  to 192 


Index.  815 

Page 

Titus,  Nathaniel,  relating  to 10 

Nathaniel,  trustee,  appointed 11 

Tobin,  James,  allowance  to 255 

Topsfield,  town  of,  fine  remitted 319 

Topsham,  town  of,  to  show  cause 628 

Torrey,  John,  relating  to  . 572 

Levi,  relating  to 121 

Marey,  and  Samuel  Fairbanks,  empowered  to  sell  the  real 

estate  mentioned 572 

Town  or  district,  act  in  addition  to  act  defining  legal  settlement 

and  habitancy  in 107 

legal  settlement  and  habitancy  in,  so  as  to  entitle  to  sup- 
port, defined 439 

Towns,  districts  and  plantations  in  counties  of  Hancock  and  Wash- 
ington, taxes  abated   ........  647 

Towns  : 

Abington,  account  allowed  for  support  of  poor     .        191,  332,  670 

Abington,  to  show  cause 257 

Acton,  account  allowed  for  support  of  poor .         191,  332,  564,  670 

Adams,  part  of,  incorporated  as  town  of  Cheshire        .         .  81 

Adams,  tax  abated 546 

Adams,  treasurer  to  suspend  proceedings  against        .        .  573 

Alford,  account  allowed  for  support  of  poor        .        .        .  332 

Amherst,  allowance  to 545 

Amherst,  order  on  petition  of  Elias  Smith  to  be  annexed  to  561 
Andover,  account  allowed  for  support  of  jjoor  .  191,  332,  673 
Andover,  fisherj'  of  salmon,  shad  and  alewives  in  rivers  and 

streams  in,  regulated 119 

Andover,  order  on  petition  in  behalf  of  ...  .  583 
Andover,  proprietors  of  bridge  between  town  of  Methuen 

and,  ineorpoi'ated 95 

Arundell   and   Biddeford,   and   plantation  of  Little  Falls, 

boundai*y  line  between,  to  be  established  .        .        .        .311 
Ashburnham,  certain   inhabitants  of,  annexed  to  town  of 

Ashby 47 

Ashby,  certain  inhabitants  of  town  of  Ashburnham,  an- 
nexed to      .        . 47 

Attleborough,  account  allowed  for  support  of  poor  332,  596,  670 
Barnstable,  to  be  credited  with  the  sum  mentioned  .  .  628 
Barnstable,  treasurer  to  receive  consolidated  notes  from  .  649 
Bath,  additional  notary  public  to  be  elected  for  .  .  .  145 
Bath,  proprietors  of  bridge  over  New  Meadow  river  be- 
tween town  of  Brunswick  and,  incorporated     ...  76 

Bath,  to  show  cause 608 

Belchertown,  account  allowed  for  support  of  poor       .         .  671 

Bernai'dston,  account  allowed  for  sujjport  of  poor        .        .  332 


816  Index. 

Page 

Towns  —  Continued. 

Beverly,  account  allowed  for  support  of  poor       .        .       333,  670 
Beverl}^  act  for  securing  the  growth  of  wood  and  timber 

in  tract  of  woodland  in 114 

Beverly,  additional  notary  public  to  be  elected  for       .        .       145 

Biddeford,  fine  remitted 649 

Biddeford,  to  be  discharged  of  the  sum  mentioned       .        .      617 
Biddeford,  toll  granted  to  proprietors  of  bridges  over  Saco 

river,  between  town  of  Fepperelborougli  and  .  .  .  117 
Biddeford   and   Arundell,  and   plantation  of   Little   Falls, 

boundary  lines  between,  to  be  established  .  .  .  311 
Billerica,  account  allowed  for  support  of  poor  .  .  333,  670 
Bolton,  account  allowed  for  support  of  jjoor        .         .        .       191 

Boothba}^  fine  remitted 634 

Boston,  account  allowed  for  support  of  poor  191,  193,  218,  671 
Boston,  additional  notary  public  to  be  appointed  in  .  .  526 
Boston,  allowance  to  selectmen  of,  for  support  of  poor  .  557 
Boston,  committee  authorized  to  ascertain  the  most  con- 
venient place  for  a  road  between  town  of  Worcester  and  214 
Boston,  message  of  governor  relative  to  hackney  coaches 

and  their  drivers  in 690 

Boston,  public  road   to   be   surveyed   from,  to   town    of 

Worcester 146 

Boston,  relative  to  transportation  and  storage  of  gunpow- 
der in 21 

Boston,  treasui-er  directed  to  dispose  of  the  pest  house  in    .      267 
Boxborough,  account  allowed  for  support  of  poor       193,  564, 670 
Boxford,  order  on  i^etition  of  proprietors  of  tract  of  wood- 
land in,  to  be  incorporated 249 

Boylston,  account  allowed  for  support  of  poor     .        333,  564,  670 
Boylston,  conveyance  of  land  to  be  made  to          .        .        .      230 
Bradford,  act  in  addition  to  act  incorporating  proprietors 
of  bridge  over  Merrimack  river,  between  town  of  Haver- 
hill and 442 

Bradford,  j^roprietors   of   bridge   over  Merrimack  river, 
between  town  of  Haverhill  and,  incorporated  .        .        .       108 

Bradford,  to  show  cause 611 

Braintree,  method  of  calling  meeting  of  inhabitants  of,  de- 
termined       276 

Braintree,  South   precinct  of,  incorporated  as  town  of  Ran- 
dolph   70 

Bridgewater,  account  allowed  for  support  of  poor       .       333,  671 
Bridgewater,  committee  on  accounts  authorized  to  examine 

accounts  of  overseers  of  the  poor  in 177 


Index.  817 

Page 

Towns  —  Continued. 

Bridgewater,  relative  to  payment  of  sum  due  from      .        .      293 

Bridgton,  incorporated 438 

Brookfield,  account  allowed  for  support  of  poor  .        191,  333,  564 
Brookfield,  additional  notary  j^ublic  to  be  elected  for  .        .       145 

Brookfield,  grant  to 641 

Brookfield,  treasurer  to  discharge,  of  the  sum  mentioned    .       227 
Brunswick,  additional  notary  public  to  be  elected  for  .         .       145 
Brunswick,  proprietors  of  bridge  over  New  Meadow  river 
between  town  of  Bath  and,  incorporated  .        .         .        .        76 

Brunswick,  to  show  cause 608 

Brunswick,  treasurer  to  pay  selectmen  of,  the  sum  men- 
tioned   530 

89 

191,  333,  671 

38 

559 


Buckfield,  incorporated  ..... 

Buckland,  account  allowed  for  support  of  poor 
Buckstown,  incorporated        .... 

Buxton,  to  exchange  parsonage  lands  . 
Buxton,  Gorham  and  Standish,  boundary  lines  between,  es 
tablished      .         .         .        .         .         .        .        .        .         .618 

Buxton,  Gorham  and  Standish,  boundary  lines  between,  to 

be  run 303 

Cambridge,  account  allowed  for  support  of  poor  333,  564,  671 
Cambridge,  act  for  preservation  of  fish  in  Mystic  river  in, 

continued 5OO 

Cambridge,  South  precinct  in,  to  show  cause  .  .  .  606 
Cape  Elizabeth,  accomit  allowed  for  support  of  poor  .  192,  333 
Cape   Elizabeth,   proprietors   of   bridge   over  Fore   river 

between  town  of  Portland  and,  incorporated     .        ,         .       468 
Carver,  boundary  line  between  town  of  Plyrapton  and,  es- 
tablished       57 

Charlemont,  account  allowed  for  support  of  poor        .       333,  671 

Charlemont,  tax  abated 312 

Charlemont,  tract  of  land  annexed  to 98 

Charlestown,  account  allowed  for  support  of  pooi-       .       564,  671 
Charlestown,  act  for  preservation  of  fish  in  Mystic  river  in, 

continued     ..........      500 

Charlestown,  trustees  of  free  schools  in,  incorporated         .       124 
Charlton,  certain  inhabitants  set  off  from      ....        29 

Chelmsford,  account  allowed  for  support  of  poor  .  564,  671 
Chelmsford,  opening  of  sluice  ways  in  mill  dams  on  River 

Meadow  brook  in,  regulated 132 

Chelmsford,  treasurer  to  pay  annually  to  the  selectmen  of, 
for  the  use  of  Capt.  Matthew  Ciiambers,  the  sum  men- 
tioned   655 


818 


Index. 


Page 

Towns  —  Continued. 

Chelsea,  account  allowed  for  support  of  poor      .         .        .      333 
Cheshire,  certain  lots  of  land  with  inhabitants  thereon  set 
off  from,  and  annexed  to  town  of  Windsor        .        .        .      474 

Cheshire,  incorporated 81 

Chesterfield,  account  allowed  for  support  of  poor        .       191,564 
Chesterfield,  certain  inhabitants  of  town  of  Norwich,  with 

certain  lands,  annexed  to 447 

Chilmai-k,  account  allowed  for  support  of  poor    .         .         .671 

Chilmark,  tax  abated 258 

Colrain,  account  allowed  for  suppoi't  of  poor     ..        333,564,671 
Concord,  account  allowed  for  support  of  poor      192,  333,  564,  671 

145 
259 
649 
509 
209 

436 
333 
333 

178 

223 

423 

192 

62 

23 

575 

173 

536 

192,  671 

408 

126 


Concord,  additional  notary  public  to  be  elected  for 

Conway,  allowed  further  time  to  pay  taxes  . 

Conway,  treasurer  to  suspend  issuing  executions  against 

Cornish,  incoi'porated 

Coxhall,  order  on  petition  of  selectmen  of    . 
Cummington,  Joseph  Clarke  and   Jonathan  Beals  set  oif 

from,  and  annexed  to  district  of  Plainfield 
Dalton,  account  allowed  for  support  of  poor 
Danvers,  account  allowed  for  support  of  poor 
Danvers,  certain  assessment  in  South  parish  in,  declared 

valid 

Danvers,  resolve  on  petition  of  selectmen  of 
Danvers,  South  parish  in,  dissolved       .... 
Dartmouth,  account  allowed  for  sujjport  of  poor . 
Dartmouth,  certain  inhabitants  set  oflf  from  . 
Dartmouth,  preservation  of  fish  in  rivers  and  ponds  in 

Dartmouth,  tax  abated 

Dartmouth,  to  show  cause 

Dartmouth,  treasurer  to  delay  issuing  execution  against 
Dedham,  account  allowed  for  support  of  poor 
Dedham,  common  field  incorporated  in         ... 
Dedham,  proprietors  of  a  common  field  in,  incorporated 
Dedham,  rector,    wardens    and  vestry  of  the   Episcopal 

church  in,  incorporated 501 

Dedham,  treasurer  to  credit  with  the  simi  mentioned  .        .      562 

Dennis,  incorjiorated 351 

Dorchester,  account  allowed  for  support  of  poor .        .       192,  564 
Dracut,  account  allowed  for  support  of  poor        218,  333,  564,  671 

Dudley,  to  show  cause 627 

Dunstable,  certain  inhabitants  of  town  of  Gi'oton  annexed 

to 64 

Duxbury,  account  allowed  for  support  of  poor     .         .         .       192 
Easthampton,  account  allowed  for  support  of  poor      .       564,  596 


Index.  819 

Page 

Towns  —  Continued. 

Easton,  account  allowed  for  support  of  poor  .  218,  565,  671 
Edgartown,  additional  notary  public  to  be  elected  for         .       145 

Edgartown,  jjreservation  of  fish  in 439 

Edgartown,  resolve  on  memorial  of  selectmen  of  ,  .271 
Egremont,  account  allowed  for  support  of  poor  .         .        .671 

Egremont,  to  show  cause 238,  620 

Falmouth,  additional  notary  public  to  be  elected  for   .        .       145 
Falmouth,  proprietors  of  bridge  over  Back  Cove  river  be- 
tween town  of  Portland  and,  incorporated  .         .         .       502 

Farniington,  incorporated 432 

Foxborough,  certain  inhabitants  of  towns  of  Sharon  and 

Stoughton  annexed  to .        79 

Framingham,  account  allowed  for  support  of  poor      .       333,  671 
Frankfort,  part  of,  incorporated  as  town  of  Prospect  .         .      463 
Frankfort,  part  of,  with  plantation  of  Sowerdabscook,  in- 
corporated as  town  of  Hampden 464 

Franklin,  account  allowed  for  support  of  poor     .        .        192,  333 
Franklin,  boundary  line  between  town  of  Medvvay  and,  es- 
tablished      46 

Franklin,  certain  inhabitants  of  the  West  precinct  in  Med- 

way,  annexed  to 22 

Freetown,  account  allowed  for  support  of  poor  .  ,  .  597 
Freetown,  to  be  credited  with  the  sum  mentioned  .  .  276 
Freetown,  Rochester  and  Middleborough,  act  in  addition  to 

act  incorporating  the  Congi-egational  precinct  in      .        .       493 
Freetown,  Rochester  and  Middleborough,  Congregational 

precinct  in,  incorporated 101 

Gardner,  Joel  Brooks  annexed  to 446 

Gardner,  to  show  cause         .......       151 

Georgetown,  account  allowed  for  support  of  poor       192,  334,  671 
Georgetown,  execution  issued    against  collector  of,   sus- 
pended          574 

Georgetown,  tax  abated 160,  623 

Georgetown,  to  be  credited  with  the  sum  mentioned    .         .      320 
Gill,  act  in  addition  to  act  incorporating       ....       494 

Gill,  incorporated  .........      417 

Gloucester,  account  allowed  for  support  of  poor  .  334,  671 
Gloucester,  act  for  securing  the  growth  of  wood  and  timber 

in  tract  of  woodland  in 114 

Gloucester,  Independent  Christian  church  in, incorporated  .         40 
Goldsborough,  additional  notary  public  to  be  elected  for    .       145 
Gorham,  account  allowed  for  support  of  poor      .         .         .       334 
Gorham,  Buxton  and  Standish,  boundary  lines  between,  es- 
tablished      618 


820 


Index. 


Page 


Towns  —  Continued. 

Gorham,  Buxton  and  Standish,  boundary  lines  between,  to 
be  run         

Granby,  account  allowed  for  support  of  poor 

Great  Barrington,  grant  to,  for  powder  and  lead  used  in 
government  service    ........ 

Great  Barrington,  resolve  on  petition  of  assessors  of  . 

Great  Barrington,  to  show  cause 

Greene,  account  allowed  for  support  of  poor        .        .       334,  671 

Greenfield,  account  allowed  for  support  of  poor  .        192,  334,  596 

Greenfield,  act  in  addition  to  act  incorporating  part  of,  as 
town  of  Gill 

Greenfield,  additional  notar}'  jjublic  to  be  elected  for 

Greenfield,  part  of,  incorporated  as  town  of  Gill  . 

Groton,  academy  established  in     . 

Groton,  account  allowed  for  support  of  poor 

Groton,  additional  notary  public  to  be  elected  for* 

Groton,  certain  inhabitants  set  off  from 

Hadley,  account  allowed  for  support  of  poor 

Hadley,  to  show  cause 

Hamilton,  incorporated 

Hampden,  incori^orated  ..... 

Hancock,  exempted  from  oi^eration  of  school  act  for 
of  three  years      ....... 

Hanover,  account  allowed  for  support  of  poor 

Harpswell,  to  show  cause      ..... 

Haverhill,  account  allowed  for  sujjport  of  poor    . 

Havei'hill,  act  in  addition  to  act  incorporating  proprietors  of 
bridge  over  Merrimack  river,  between  town  of  Bi'adford 
and 

Haverhill,  additional  notary  public  to  be  elected  for    . 

Haverhill,  Baptist  religious  society  in,  incorporated     . 

Haverhill,  proprietors  of  bridge  over  Merrimack  river,  be- 
tween town  of  Bradford  and,  incorpoi'ated 

Haverhill,  tax  abated 594 

Hawley,  boundary  line  re-established 69 

Hawley,  order  on  petition  of  Christopher  Colson  and  others 
to  be  set  off  from 

Hebron,  tax  abated 

Hingham,  relative  to  taxation  of  property  of  Derby  school 

in 

Holden,  boundary  line  between  town  of  Paxton  and,  es- 
tablished     .......... 


303 
334 

258 
247 

585 


494 
145 
417 
419 

334, 671 
145 
64 

334, 671 
561 
375 
464 


term 


282 
334 
608 
565, 672 


4A% 

145 

60 


108 


544 
249 

309 


Hopkinton,  account  allowed  for  support  of  poor 
Hopkinton,  treasurer  to  stay  execution  against 


.       120 
334,  565, 672 
.      648 


Index. 


821 


Towns  —  Continued. 

Hubbardston,  to  show  cause 590,  603 

Ipswich,  act  for  securing  the  growth  of  wood  and  timber  in 

tract  of  woodland  in   .         .         .         .        .         .        .        .114 

Ipswich,  parish  of  Ipswich  Hamlet  in,  incorporated  as  town 

of  Hamilton 375 

Kittery,  allowed  further  time  for  payment  of  tax  .  .  592 
Kittery,  John  Langdon  empowered  to  erect  a  bridge  over 

Piscataqua  river,  between  Langdon''s  island  and  .  .  99 
Lancaster,  account  allowed  for  support  of  2Joor  .  .  334,  672 
Lancaster,  boundary  line  between  town  of  Sterling  and,  I'e- 

establlshed 80 

Lancaster,  to  show  cause 532 

Lanesborough,  account  allowed  for  support  of  poor  .  218,  672 
Lanesborough,  doings  of  original  proprietors  of,  confirmed  659 
Lanesborough,  part  of,  incorporated  as  town  of  Cheshire  .  81 
Lebanon,  to  be  credited  with  the  sum  mentioned  .        .      614 

Lebanon,  treasurer  to  stay  process  against  ....  669 
Lebanon,  Woodman's  grant  set  off  from,  and  annexed  to 

town  of  Shapleigh       ........         58 

Lee,  order  on  petition  for  incorporation  of  .        .         .         .      560 

Lee,  to  show  cause 238 

Lenox,  account  allowed  for  suppoi-t  of  poor  .        .       192,  596 

Lenox,  committee  on  accounts  to  pass  on  accounts  of,  for 

support  of  poor 623 

Lenox,  resolve  on  petition  of  selectmen  of   .         .         .        .       151 

Limington,  tax  abated 613 

Lincoln,  account  allowed  for  support  of  poor  .  .  334,  672 
Littleton,  boundary   line  between  district  of  Boxborough 

and,  settled 445 

Littleton,  to  show  cause 212 

Louden,  tax  abated 625 

Ludlow,  proprietors  of  mill  dams  in,  to  show  cause  .  .  555 
Lunenbm-g,  account  allowed  for  support  of  poor  .  .  566 
Lynn,  Methodist  society  in  the  first  parish  of,  incorporated  477 
Maiden,  account  allowed  for  support  of  poor  .  .  334,672 
Maiden,  provisions  of  act  for  preservation  of  fisli  in  Mystic 

river,  extended  to 500 

Manchester,  act  for  securing  the  growth  of  wood  and  timber 

in  tract  of  woodland  in 114 

Mansfield,  account  allowed  for  suj^port  of  poor  .  .  334,  672 
Marblehead,  collectors  of  taxes  in,  confirmed  in  oflSce         .       173 

Marblehead,  tax  abated 260 

Marlborough,  tax  abated 334,  638 

Marlborough,  treasurer  to  credit  with  the  sum  mentioned  .      547 


822  Index. 

Page 

Towns  —  Continued. 

Marshfield,  account  allowed  for  support  of  poor  .  192,  565,  596 
Marshfield,  assessors  of  first  precinct   in,  empowered  to 

issue  warrants 223 

Medfield,  account  allowed  for  supjjort  of  poor  .  .  .  334 
Medford,  act  for  preservation  of  fish  in  Mystic  river  in, 

continued 500 

Medway,  account  allowed  for  supjjort  of  poor  .  193,  334,  565 
Medway,  boundary  line   between   town  of  Fi-anklin  and, 

established 46 

Medway,  certain  inhabitants  set  off  from  West  precinct  in  .  22 
Mendon,  account  allowed  for  support  of  poor  .  .  192,  596 
Mendon,  act  incorporating  First  Congregational  society  in, 

repealed 42 

Mendon,  additional  notary  public  to  be  elected  for  .  .  145 
Mendon,  order  on  petition  of  Zebulon  Goss  and  others,  to 

be  annexed  to 616 

Mendon,  treasurer  to  credit,  with  the  sum  mentioned  .  .  237 
Methuen,  proprietors  of  bridge  between  town  of  Andover 

and, incorporated         ........        95 

Middlebox'ough,  account  allowed  for  support  of  poor  .       334,  672 
Middleborough,  order  on  petition  that  part  of,  be  incor- 
porated as  township  of  Kingsborough       ....       230 

Middleborough,  to  show  cause 618 

Middleborough,  Rochester  and  Freetown,  act  in  addition  to 

act  incorporating  the  Congregational  precinct  in      .         .      493 
Middleborough,  Rochester  and  Freetown,  Congregational 

precinct  in,  incorporated 101 

Milton,  account  allowed  for  support  of  poor         .        .        .      334 

Milton,  allowance  to  selectmen  of 588 

Monson,  account  allowed  for  support  of  poor  .  .  .  218 
Montague,  bridge   over   Miller's   river,  between  town   of 

Northfield  and,  to  be  maintained 88 

Mount  Vernon,  incorporated 41 

Natick,  account  allowed  for  support  of  poor  .  .  192,  673 
Needham,  account  allowed  for  support  of  jioor    .         .       596,  672 

Needhara,  order  on  petition  of 546 

Needham,  Samuel  Brown,  set  off  from  East,  and  annexed 

to  West  parish  in 447 

Needham,  second  parish  in,  to  show  cause  ....  610 
New  Bedford,  account  allowed  for  support  of  poor  192,  335,  671 
New  Bedford,  second  precinct  in,  incorporated  ...  13 
New  Brainti'ee,  account  allowed  for  support  of  poor  334,  565,  597 

New  Braintree,  grant  to 643 

Newbury,  account  allowed  for  support  of  poor    .        .        .       335 


Index.  823 


Towns  —  Continued. 

Newbury,  relative  to  account  of  collector  for  .  .  .  259 
Newbury,  to  regulate  the  taking  of  fish  in  river  Parker  in  .  67 
Newburyport,  account  allowed  for  support  of  poor  192,  335,  672 
Newburyport,  religious  societies  in,  incorporated  .         ,       453 

Newburypoi-t,  woolen  manufactory  established  in         .         .       427 
Newcastle,  proprietors  of  bridge  over  Sheepscott  river  be- 
tween town  of  Pownalborough  and,  incor23orated     .        ,      409 

Newfield,  incorporated 471 

New  Mai'lborough,  South  parish  in,  incorporated  .  .  471 
New  Marlboi'ough,  to  show  cause  .         .         244,551,585,640 

Newton,  account  allowed  for  support  of  poor  .  .  .  672 
Northampton,  account  allowed  for  support  of  poor  .  335,  672 
Northampton,  constituted  shire  town  of  county  of  Hampshire  497 
Northfield,  bridge   over   Miller's   river,  between  town  of 

Montague  and,  to  be  maintained 88 

Northfield,  to  show  cause 262,  643 

North  Yarmouth,  to  show  cause 604 

Norton,  account  allowed  for  support  of  poor  .  .  335,  672 
Norton,  resolve  on  petition  of  selectmen  of  .        .         .147 

Norwich,  cei'tain  inhabitants  of,  and  lands  in,  set  ofi'  from, 

and  annexed  to  town  of  Chesterfield  ....  447 
Oxford,  certain  inhabitants  of  town  of  Sutton  annexed  to   .        60 

Oxford,  to  show  cause 177 

Palmer,  proprietors  of  mill  dams  in,  to  show  cause      .         .       555 

Paris,  incorporated 352 

Paris,  to  show  cause 602 

Partridgefield,  account  allowed  for  support  of  poor     .       335,  673 
Paxton,  boundary  line  between  town  of  Holden  and,  estab- 
lished   120 

Pembroke,  account  allowed  for  support  of  poor  .  .  335,  596 
Penobscot,  first  parish  in,  incorporated  ....  407 
Pepperelborough,  toll  granted  proprietors  of  bridges  over 

Saco  river,  between  town  of  Biddeford  and  ,  .  .  117 
Pe])perell,  account  allowed  for  support  of  poor  .  .  .  672 
Petersham,  additional  notary  public  to  be  elected  for  .  .  145 
Petersham,  permitted  to   discharge   debt  in   consolidated 

securities 232 

Pittsfield,  additional  notary  public  to  be  elected  for  .  .  145 
Pittsfield,  treasurer  to  stay  execution  against  .  .  .  649 
Pittston,  account  allowed  for  support  of  poor  193,  335,  597,  672 
Pittston,  Episcopalian  society  in,  incorporated     .        .        .       128 

Pittston,  to  show  cause 179 

Plainfield,  to  show  cause 644 

Plymouth,  academy  in,  established 90 


824  Index. 

Page 

Towns  —  Continued. 

Plymouth,  account  allowed  for  support  of  poor    .        192,  335,  672 
Plymouth,  additional  notary  public  to  be  chosen  in      .        .      527 
Plympton,  account  allowed  for  su^jport  of  poor   .        192,  335,  672 
Plympton,  boundary  line  between  town  of  Carver  and,  es- 
tablished       57 

Portland,  academy  established  in 510 

Portland,  account  allowed  for  support  of  poor     .         .       192,  565 
Portland,  proprietors  of  bridge  over  Back  Cove  river,  be- 
tween town  of  Falmouth  and,  incorporated       .        .         .      502 
Portland,  pi'oprietors  of  bridge  over  Fore  river,  between 

town  of  Cape  Elizabeth  and,  incorporated  .  .  .  468 
Portland,  relative  to  the  two  townships  granted  sufferers  of  535 
Pownalborough,    proprietors    of    bridge    over   Sheepscott 

river,  between  town  of  Newcastle  and,  incorporated  .  409 
Pownalborough,  West  parish  in,  to  show  cause    .        .        .      639 

Princeton,  to  show  cause 590 

Prospect,  incorporated 463 

Provincetown,  tax  abated 628 

Randolph,  incorporated 70 

Reading,  account  allowed  for  support  of  poor      .        218,  335,  672 
Reading,  committee  on  accounts  authorized  to  examine  ac- 
counts of,  for  support  of  poor 181 

Reading,  first  parish  in,  to  show  cause  ....  215,  605 
Rehoboth,  account  allowed  for  support  of  poor  .  .  335,  672 
Rehoboth,  Catholick  Congregational  church  and  society  in 

the  second  precinct  in,  incorporated 5 

Rehoboth,  Congregational  society  in  the  first  precinct  in, 

incorporated 10 

Rehoboth,  tax  abated 576 

Richmond,  account  allowed  for  sujjport  of  poor  .  .  .  335 
Rochester,  account  allowed  for  support  of  poor  .        .        .      192 

Rocliester,  to  show  cause 618 

Rochester,  Middleborough  and  Freetown,  act  in  addition  to 

act  incoi'porating  the  Congregational  precinct  in  .  .  493 
Rochester,  Middleborough  and  Freetown,  Congregational 

precinct  in,  incorporated 101 

Roxbury,  account  allowed  for  support  of  poor  .  .  336,  673 
Salem,  account  allowed  for  support  of  poor  .  .  385,  672 
Salem,  proprietors  of  Saint  Peter's  church  in,  incorporated  462 
Salisbury,  boundary  line  between  East  and  West  parishes 

in, changed  .......••      345 

Salisbury,  divided  into  two  parishes 83 

Sandisfield,  First  Baptist  society  in,  incorporated  .  .  466 
Sandisfield,  to  be  discharged  from  the  sum  mentioned         .      623 


Index.  825 

Page 

Towns  —  Continued. 

Sandisfield,  to  show  cause 244, 585 

Sandisfield,  treasm*ei"  to  credit  with  the  sum  mentioned  .  588 
Sanford,  North  parish  in,  incorporated  as  district  of  Alfred      436 

Sanford,  to  show  «jause 165,  180 

Scituate,  account  allowed  for  suppoi't  of  poor  .  .  335,  672 
Scituate,  additional  notary  public  to  be  elected  for  .  .  145 
Shapleigh,  order  on  petition  of  certain  inhabitants  of  town 

of  Sanford,  to  be  annexed  to 165 

Shapleigh,  Woodman's  grant  set  off  from  town  of  Lebanon 

and  annexed  to 58 

Sharon,  certain  inhabitants  set  off  from         ....        79 

Sheffield,  to  show  cause 640 

Shelburne,  account  allowed  for  support  of  ijoor  .         .       597,  672 

Shelburne,  tract  of  land  annexed  to 98 

Sherburn,  account  allowed  for  support  of  jDoor    .         .        .      218 

Sherburn,  tax  abated 646 

Shrewsbury,  account  allowed  for  support  of  jwor  192, 565,  673 
Shrewsbury,  Elijah  Whitney  set  off  from  ....  66 
Shutesbury,  account  allowed  for  support  of  poor  .  .  597 
Somerset,  addition  to  act  incorporating  ....  .353 
South  Hadley,  taking  of  fish  in  Connecticut  river  in,  regu- 
lated     507 

Southwick,  account  allowed  for  support  of  poor  .  .  335,  672 
Spencer,  account  allowed  for  support  of  poor  .  193,  218,  336 
Springfield,  account  allowed  for  support  of  poor  .  .  335 
Springfield,  additional  notary  i^ublic  to  be  elected  for  .  145 
Spi'ingfield,  proprietors  of  mill  dams  in,  to  show  cause       .      555 

Springfield,  to  show  cause 538 

Standish,   Gorham   and   Buxton,  boundary  lines  between, 

established 618 

Standish,  Gorham  and  Buxton,  boundary  lines  betAveen,  to 

be  run 303 

Sterling,  account  allowed  for  support  of  poor     .        .       335,  673 
Sterling,  additional  notary  public  to  be  elected  for      .        .       145 
Sterling,  boundary  line  between  town  of  Lancaster  and,  re- 
established   80 

Stockbridge,  account  allowed  for  support  of  poor  .  .  565 
Stockbridge,  committee  on  accounts  authorized  to  examine 

accounts  of,  for  support  of  poor 667 

Stockbridge,  to  show  cause 238 

Stockbridge,  treasurer   not    to  issue   warrant  of  distress 

against  assessors  of 201 

Stoughton,  account  allowed  for  support  of  poor  .  .  .  336 
Stoughton,  certain  inhabitants  set  off  from   ....         79 


826  Index. 


Towns  —  Continued. 

Stoughton,  to  show  cause ttbl 

Sturbridge,   certain  inhabitants  of  town  of  Charlton  an- 
nexed to 29 

Sturbridge,  to  sliow  cause 627 

Sudbury,  fine  remitted 651 

Sudbury,  treasurer  to  stay  execution  against        .         .        .      647 
Sunderland,  to  show  cause     .......      257 

Sutton,  certain  inhabitants  set  off  from         ....        60 

Sutton,  to  show  cause 177 

Swanzey,  account  allowed  for  support  of  poor  .  .  .  193 
Swanzey,  act  in  addition  to  act  incorporating  part  of,  as 

town  of  Somerset 363 

Taunton,  account  allowed  for  support  of  poor  .  .  218,  597 
Taunton,  additional  notaiy  public  to  be  elected  for  .  .  145 
Taunton,  Bristol  academy  established  in  ....  44 
Taunton,  order  on  petition  that  part  of,  be  incorporated  as 

township  of  Kingsborough 230 

Taunton,  trustees  of  First  Congregational  society  in,  ap- 
pointed         104 

Taunton,  West  Congregational  society  in,  incorporated  .  121 
Tewksbury,  account  allowed  for  support  of  poor  .  193,  336 
Thomaston,  account  allowed  for  support  of  jioor        .         .      336 

Tisbury,  tax  abated 637 

Tisbury,  to  show  cause 268 

Topsfield,  fine  remitted 319 

Topsham,  to  show  cause 628 

Turner,  Baptist  society  in,  incorporated        ....        63 

Tyringham,  to  show  cause 244,  585 

Upton,  to  show  cause     .         .        .         .         .        .        .        .616 

Uxbridge,  account  allowed  for  support  of  poor    .       565,  597,  673 
Vassalborough,  account  allowed  for  support  of  poor  .         .       193 
Walpole,  account  allowed  for  support  of  poor     .        .       336,673 
Waltham,  account  allowed  for  support  of  poor    .        .        .      673 
Wareham,  certain  inliabitants  of,  permitted  to  take  alewives 

with  seines  or  drag  nets  in  Wareham  river       .         .         .118 
Warren,  order  on  petition  of  selectmen  and  inhabitants  of  .       615 
Warwick,  account  allowed  for  suppoil  of  poor     .        193,  336,  673 
Warwick,  to  show  cause         .......       162 

Waterborough,  order  on  petition  of  Daniel  Schribner,  to  be 

set  off  from 180 

Watertown,  account  allowed  for  support  of  poor  .  .  673 
Watertown,  additional  notar}'  public  to  be  elected  for  .       145 

Wells,  proprietors  of  Mousom  harbour  in,  incorporated       .         24 


Index.  827 

Page 

Towns  —  Continued. 

Weuham,  act  for  securing  the  growth  of  wood  and  timber 

in  tract  of  woodland  in 114 

VVestbox'ough,  account  allowed  for  support  of  2)oor  196,  565,  673 
Westboi'ough,  assessments  in,  confirmed  ....  524 
Westborough,  Elijah  Whitney  annexed  to    .        .        .        .        66 

Westborough,  treasurer  to  pay 527 

Westfield,  academy  established  in 349 

Westfield,  account  allowed  for  support  of  poor  .         .       336,  673 

Westfield,  fine  remitted 280 

Westfield,  tax  abated 157,  640 

Westfield,  treasurer  to  omit  sending  execution  against        .      540 

Westford,  academy'  established  in 421 

Westport,  certain  inhabitants  of  towai  of  Dartmouth  an- 
nexed to 62 

West  Springfield,  account  allowed  for  support  of  poor  193, 336,673 
West  Springfield,  additional  notary  public  to  be  elected  for  145 
West  Springfield,  resolve  on  petition  of  selectmen  of  .  150 
Weston,  account  allowed  for  support  of  jioor  .  .  .  336 
Weston,  relating  to  account  allowed,  by  mistake  .        .      527 

West  Stockbridge,  Baptist  religious  society  in,  incorporated  467 
West  Stockbridge,  gore  of  land  annexed  to  ...        68 

West  Stockbridge,  tax  abated 272 

West  Stockbridge,  to  show  cause 238 

Wilbraham,  projirietors  of  mill  dams  in,  to  show  cause  .  555 
Williamsburgh,  account  allowed  for  support  of  poor  193,336,673 
Williamstown,  account  allowed  for  support  of  poor  196,  336,  565, 

597,  673 

Williamstown,  tax  abated 658 

Winchendon,  Joel  Brooks  set  off  from,  and  annexed   to 

town  of  Gardner 446 

Windsor,  account  allowed  for  support  of  poor  .  193,  336,  673 
Windsor,  certain  lots  of  land  with  inhabitants  thereon  in 

town  of  Cheshire,  annexed  to 474 

Windsor,  part  of,  incorporated  as  town  of  Cheshire    .        .        81 
Windsor,  time  for  paying  tax  extended        ....       266 

Windsor,  treasurer  to  credit  with  the  sum  mentioned  .        .      635 
Woburn,  provisions  of  act  for  preservation  of  fish  in  Mys- 
tic river,  extended  to  .......        .      500 

Worcester,  account  allowed  for  support  of  poor  .       193,  336,  673 
Worcester,  committee  authorized  to  ascertain  the  most  con- 
venient place  for  a  road  between  town  of  Boston  and      .       214 
Worcester,  committee  on  accounts  to  examine  accounts  of, 

for  support  of  poor 175 


828 


Index. 


Page 


146 
673 
237 
351 

336,  565 

163 
128 
336 


Towns  —  Concluded. 

Worcester,  ijublic  road  to  be  surveyed  from,  to  town  of 

Boston 

Wrentham,  account  allowed  for  support  of  poor 

Wrentham,  to  show  cause 

Yarmouth,  East  precinct  in,  incorporated  as  town  of  Dennis 

York,  account  allowed  for  support  of  poor  . 

York,  committee  on  accounts  to  examine   accounts  of,  for 

support  of  poor 

Town,  Thomas,  relating  to 

Towner,  Dr.  \Vm.,  relating  to 

Townsend,  township  of,  proprietors  of,  allowed  further  time  to 

perform  conditions  prescribed 

Townships,  relative  to  two,  granted  to  Portland  sufferers 
Township  No.  2,  east  side  of  Penobscot  river,  doings  of  proprie 

tors  of,  confirmed 

No.  12  on  Passamaquoddy  bay,  granted  and  confirmed  to 

John  Allan  ........ 

of  Flintstown,  certain  settlers  in,  quieted 

of  Kingsborough,  order  on  petition  for  incorporation  of 

No.  4,  5  and  6,  east  of  Union  river,  to  be  sold  under  di 

rection  of  the  committee  for  the  sale  of  eastern  lands 
No.  8,  in  county  of  Washington,  committee  authorized  to 

lay  out  lands  in 

of  Townsend,  proprietors  allowed  further  time  to  perform 

conditions  prescribed 

of  Tyngstown,  additional  lands  granted  to  proj^rietors  of 

Trask,  Samuel,  relating  to 60,  109 

Trevett,  Samuel  Russell,  relating  to 54 

Treasurer,  allow^ance  to 169,  539 

authorized  to  contract  for  supplying  garrison  and  convicts 

on  Castle  island  with  provisions  and  clothing  . 
committee  appointed  to  examine  accounts  of        .        .        . 
directed  relative  to  bonds  signed   by  Robert   Morris  and 

Samuel  Ogden 

directed  relative  to  certain  back  taxes        .... 
dii'ected  relative  to  settlement  with  estate  of  Rev.  Samuel 

Cooper        

directed  relative  to  settlement  with  estate  of  Thomas  Ivers 
directed  respecting  settlement  with  managers  of  the  State 

lottery  ......... 

directed  to  balance  his  books  at  least  once  each  year  . 
directed  to  dispose  of  the  pest  house  in  Boston  . 
directed  to  liquidate  to  specie  value  balances  due  soldiers 
directed  to  pay  certain  notes,  orders  and  due  bills 


161 
535 

154 

170 
216 

230 

541 

182 

161 
321 


236 

561 

224 
646 

293 
654 

210 
312 
267 
263 
313 


Index. 


829 


Treasurer,  directed  to  publisli  names  of  jjersons  who  recei^jted  for 

notes  obtained  by  forged  orders  .... 
member  of  committee,  appointed  ..... 
not  to  issue  warrant  of  distress  against  assessors  of  town 

of  Stockbridge 

report  of  committee  appointed  to  examine  and  adjust  ac 

counts  of,  accepted 

to  allow  discount  of  the  sum  mentioned  in  the  settling  with 

administrators  on  estate  of  William  Whiting  . 
to  cancel  bond  given  by  Derick  Holembeck . 
to  certify  note  for  Josiah  Mixer    ..... 
to  contract  for  supplying  garrison  and  convicts  on  Castle 

island  with  clothing  and  provisions  .... 
to  credit  Loammi  Baldwin  with  the  sum  mentioned  . 
to  credit  Hendriek  Burghardt  with  the  sum  mentioned 
to  credit  collector  of  excise  for  county  of  Plymouth  with 

the  sum  mentioned 

to  credit  district  of  Bethlehem  with  the  sum  mentioned 

to  credit  Samuel  Fales  with  the  sum  mentioned 

to  credit  Prince  Gorham  with  the  sum  mentioned 

to  credit  Thomas  Johnson  with  the  sum  mentioned 

to  credit  plantation  of  Otisfield  with  the  sum  mentioned 

to  credit  John  Stackpole  with  the  sum  mentioned 

to  credit  town  of  Barnstable  with  the  sum  mentioned  . 

to  credit  town  of  Chilmark  with  the  sum  mentioned    . 

to  credit  town  of  Dedham  with  the  sum  mentioned 

to  credit  town  of  Freetown  with  the  sum  mentioned    . 

to  credit  town  of  Georgetown  with  the  sum  mentioned 

to  credit  town  of  Lebanon  with  the  sum  mentioned 

to  credit  town  of  ]\Iarlborough  Avith  the  sum  mentioned 

to  credit  town  of  Mendon  with  the  sum  mentioned 

to  credit  town  of  Westfield  with  the  sum  mentioned    . 

to  credit  town  of  Windsor  with  the  sum  mentioned 

to  credit  Haffield  White  with  the  sum  mentioned 

to  credit  Samuel  Whitten  with  the  sum  mentioned 

to  delay  issuing  execution  against  town  of  Dartmouth 

to  deliver  bond  to  Israel  Jones 

to  deliver  up  certain  bonds  in  his  possession 
to  discharge  David  Bigelow  from  the  sum  mentioned  . 
to  discharge  David  Clark  from  tax       .... 
to  discharge  Joel  Dickinson  from  the  balance  of  a  tax 
to  discharge  Joel  Dickinson  from  balance  of  taxes 
to  discharge  Makepeace  Gates  from  the  sum  mentioned 
to  discharge  Joseph  Hobbs  from  the  sum  mentioned   . 
to  discharge  Joseph  Hooker  from  the  sum  mentioned . 


Page 

312 
211 

201 

667 

634 
624 
526 

657 
320 
231 

285 
652 
527 
634 
264 
621 
651 
628 
258 
562 
277 
320 
014 
547 
237 
280 
635 
576 
558 
536 
166 
307 
205 
184 
646 
528 
237 
586 
201 


830 


Index. 


Treasurer,  to  discharge  judgment  against  Samuel  Ward 
to  discharge  Samuel  Allen  Otis  of  a  certain  debt 
to  discharge  Thomas  Pease  from  the  sura  mentioned  . 
to  discharge  Elisha  Porter  from  the  sum  mentioned    . 
to  discharge  town  of  Biddeford  from  the  sum  mentioned 
to  discharge  town  of  Brookfield  from  the  sura  mentioned 
to  discharge  town  of  Georgetown  from  balance  due  on  cer- 
tain tax        ......... 

to  discharge  town  of  Louden  from  the  sura  mentioned 
to  discharge  town  of  Marlborough  from  the  sum  mentioned 
to  discharge  town  of   Provincetown  from  the  sum  men- 
tioned   

to  discharge  town  of  Sandisfield  from  the  sum  mentioned  . 
to  discharge  town  of  Westfield  from  the  sura  raentioned  . 
to  discharge  town  of  Williamstown  from  the  sum  mentioned 
to  furnish  attorney  general  with  evidence  against  Thomas 

Farrington 

to  issue  note  to  Asa  Allen 

to  issue  note  to  Joab  Belding 

to  issue  note  to  Rachel  and  Moses  Black 

to  issue  note  to  Mary  Ellis     . 

to  issue  note  to  Samuel  Flagg 

to  issue  note  to  Ann  Gardner 

to  issue  note  to  Jonathan  Gardner 

to  issue  note  to  Thomas  Laws 

to  issue  note  to  Sarah  Pendergrass 

to  issue  note  to  Jabez  Whiting 

to  issue  note  to  James  Wilder 

to  issue  notes  for  arrears  of  pay  due  Amos  and  John  Sted 

man 

to  issue  notes  for  arrears  of  pay  due  Pelham  Wood 
to  issue  notes  to  Benjamin  Adams 
to  issue  notes  to  Thomas  Alexander 
to  issue  notes  to  James  Allen 

to  issue  notes  to  Robert  Bancroft  . 

to  issue  notes  to  John  Barber 

to  issue  notes  to  Mary  Bird    . 

to  issue  notes  to  Ezra  Blodgett 

to  issue  notes  to  Jack  Canady 

to  issue  notes  to  Zebulon  Carpenter 

to  issue  notes  to  certain  soldiers    . 

to  issue  notes  to  Joseph  Chandler 

to  issue  notes  to  Ephraira  Churcii 

to  issue  notes  to  Barnard  Cole 

to  issue  notes  to  William  Draper  . 


Page 

265 
172 
271 
239 
617 
227 

623 
626 
688 

628 
623 
640 
558 

660 
625 
251 
321 
248 
659 
635 
252 
587 
561 
260 
593 

284 
288 
673 
278 
616 
689 
665 
572 
577 
254 
639 
696 
621 
294 
276 
563 


Index. 


831 


Treasurer,  to  issue  notes  to  .Jonathan  Dutton 

to  issue  notes  to  William  Farnsworth 

to  issue  notes  to  Samuel  Gilbert    . 

to  issue  notes  to  Barnard  Goodridge 

to  issue  notes  to  William  Ilanuock 

to  issue  notes  to  Francis  Hare 

to  issue  notes  to  Jacob  Hart 

to  issue  notes  to  heirs  of  John  Burt 

to  issue  notes  to  Jonathan  Hoar    . 

to  issue  notes  to  Thomas  Johnson 

to  issue  notes  to  Elijah  Kellogg     . 

to  issue  notes  to  John  Laiton 

to  issue  notes  to  Jeremiah  Lake    . 

to  issue  notes  to  Roger  Lord 

to  issue  notes  to  John  Lucas 

to  issue  notes  to  Joseph  Mansfield 

to  issue  notes  to  Jonathan  Morey  . 

to  issue  notes  to  John  Morgan 

to  issue  notes  to  John  Morse 

to  issue  notes  to  Asa  Noble    . 

to  issue  notes  to  Samuel  Nye 

to  issue  notes  to  Timothy  Pickering 

to  issue  notes  to  Richard  Poor 

to  issue  notes  to  Thomas  Roche     . 

to  issue  notes  to  Ephraim  Russell 

to  issue  notes  to  Ezekiel  Sawyer  . 

to  issue  notes  to  Thomas  Scott 

to  issue  notes  to  Martha  Smith 

to  issue  notes  to  John  Tilley 

to  issue  notes  to  Elisha  Turner 

to  issue  notes  to  William  Walker 

to  issue  notes  to  Abraham  Washburn 

to  issue  notes  tQ  Richard  Williams 

to  make  final  settlement  with  administratrix  of  the  estate 
of  John  Hancock 

to  make  repairs  to  house  where  he  now  keeps  his  ofiice 

to  omit  sending  execution  against  town  of  Westfield 

to  pay  annually  to  the  selectmen  of  the  town  of  Chelms- 
ford, for  the  use  of  Capt.  Matthew  Chambers,  the  sum 
mentioned  ........ 

to  pay  arrearages  of  interest  to  Elizabeth  Hughes 

to  pay  Elisha  Cranson,  Jr.,  the  sum  mentioned    . 

to  pay  Timothy  Donnell  the  sum  mentioned 

to  pay  Calveu  Hall 

to  pay  Geoi'ge  Leonard 


Page 

604 
295 
648 
562 
238 
284 
163 
315 
294 
608 
554 
225 
584 
290 
238 
621 
281 
314 
616 
576 
658 
227 
559 
648 
585 
277 
273 
650 
572 
622 
606 
617 
252 

645 
644 
540 


655 
166 
237 
240 
252 
644 


832 


Index. 


Treasurer,  to  pay  Mary  Lincoln  arrears  of  interest 

to  pay  Josliua  Staples 

to  pay  town  of  Westborough         .... 
to  pay  Joseph  Tucker  the  sum  mentioned    . 

to  pay  Abel  Wilder 

to  pay  John  Foster  Williams  and  John  Cathcart 

to  recall  executions  issued  against  town  of  Haverhill 

to  recall  warrant  directed   to  assessors  of   town  of  Great 

Barrington 

to  receive  from  Amasa  and  Stephen  Ives  the  sum  men 

tioned 

to  receive  army  notes  from  Ichabod  Holbrook     . 

to   receive  from   Hugh  Orr  the   sum  due  from   town  of 

Bridgewater 

to  receive  consolidated  notes  from  Elisha  Porter 

to  receive  consolidated  notes  from  town  of  Barnstable 

to  receive  consolidated  securities  from  town  of  Petersham 

to  receive  payment  from  William  Heath     . 

to  receive  from  selectmen  of  town  of  Rehoboth  the  sum 

mentioned 

to  I'eceive  state  notes  froiu  John  Sprague 

to  release  a  judgment  against  Jeremiah  Hall  and  Rober 

Barker 

to  settle  account  of  Edward  Payne  &  Son    . 

to  stay  execution  against  town  of  Hopkinton 

to  stay  execution  against  town  of  Kittery    . 

to  stay  execution  against  town  of  Pittsfield 

to  stay  execution  against  town  of  Sudbury 

to  stay  process  against  town  of  Lebanon 

to  stay  prosecution   against   Asa  Douglass   and    Samuel 

Brown 

to  suspend  execution  issued  against  Benjamin  Cliftoi'd 

to  suspend  issuing  executions  against  town  of  Conway 

to  suspend  proceedings  against  town  of  Adams  . 

to  suspend  process  against  Joseph  Henderson 

to  take  possession  of  a  certain  dwelling  house  in  town  of 

Boston 

Treasurer,  the  late,  committee  to  settle  accounts  of,  discharged 


Treasurer's  accounts,  county  of  Barnstable,  allow 
county  of  Berkshire,  allowed 
county  of  Dukes  county,  allowed 
county  of  Essex,  allowed 
county  of  Hampshii*e,  allowed 
county  of  Lincoln,  allowed    . 
county  of  Middlesex,  allowed 


Page 

147 

648 
527 
208 
281 
246 
595 

248 

301 
569 

293 
155 
649 
232 

578 

576 
153 

638 
229 
648 
592 
649 
547 
669 

251 
574 
649 
573 
245 


642 
159 

250, 611 
213 
210 

302,  607 

234,  620 
.   207 

247,  610 


Index.  833 

Page 
Treasurer's  accounts,  county  of  Plymouth,  allowed       .         .       226,  630 

county  of  Washington,  allowed 268 

county  of  Worcester,  allowed 226,  632 

county  of  York,  allowed 231,  607 

Triffle,  Betsey,  relating  to 566 

Trifle,  Betsey,  relating  to 673 

Tripp,  Isaac,  set  otF  from  town  of  Dartmouth  and  annexed  to 

town  of  Westport 62 

James,  Jr.,  set  off  from  town  of  Dartmouth  and  annexed 

to  town  of  Westport 62 

Trow,  Bartho.,  account  allowed 676 

Trussell,  Heniy,  relating  to 662 

Trustees,  of  the  Baptist  education  fund,  incorporated  .  .  .  472 
of  Charlestown  free  schools,  incorporated  ....  124 
of  Fryeburg  academy,  additional  lands  granted  to  .  .  304 
of  Fryeburg  academy,  authorized  to  buy  certain  real  estate  633 
of  Grafton  Indians,  empowered  to  sell  land         .         .         .       167 

of  Groton  acadeni}-,  incorporated 419 

of  Hallowell  academy,  number  of,  to  constitute  a  quorum, 

established 68 

of  Leicester  academy,  township  of  land  granted  to     .         ,       176 
of  Marblehead  academy,  incorporated  ....        54 

of  Marblehead  academy,  townshii3  of  land  granted  to         .       228 

of  Plymouth  academy,  incorporated 90 

of  Portland  academy,  in  the  county  of  Cumberland,  incor- 
porated          510 

of  Westfield  academy,  incorporated 349 

of  Westford  academy,  incorporated 421 

Trustees  and  president  of  Williams  college,  incorporated     .         .      403 

Tubbs,  Daniel,  i-elating  to 121 

Isaac,  relating  to 121 

Joel,  relating  to .       121 

Tuck,  William,  to  call  meeting 115 

Tucker,  John,  allowance  to 302,  666 

Joseph,  allowance  to 286,551,588 

Joseph,  authorized  to  sell  the  property  mentioned       .         .       278 

Joseph,  resolve  on  petition  of 208,  274 

William,  relating  to 620 

Tuckerman,  Edward,  and  ,Iohn  Lucas,  resolve  on  petition  of         .       163 

Tudor,  William,  relating  to 16,  346,  443 

Tufts,  Samuel,  Jr.,  relating  to 412 

Turell,  Samuel,  relating  to 443 

Turner,  town  of.  Baptist  society  in,  incorporated    ....        53 

Turner,  Elijah,  and  others,  resolve  on  petition  of   .         .        .         .      275 

Elisha,  treasurer  to  issue  notes  to 622 


834 


Index. 


Page 

Turner,  Ephraim,  relating  to 6 

Ephraira,  and  Dorothy,  relating  to 267 

George,  relating  to 334 

Joseph  A.,  relating  to 468 

William,  relating  to 407 

Tattle,  John,  Jr.,  relating  to 263 

Sampson,  trustee,  appointed 421 

Twitchell,  Joseph,  relating  to 304 

Peter,  resolve  on  petition  of 304 

Tyler,  John  S.,  deputy  adjutant  general,  account  allowed      .       339,  597 
Joseph,  relating  to 29 

Tyng,  Dudley  Atkins,  relating  to 29,  443 

Tyngstown,  township  of,  additional  lands  granted  to  proprietors 

of 321 

Tyringham,  town  of,  to  show  cause 244,  585 


u. 

Umpany,  Samuel,  and  wife,  Indians,  relating  to      ...         .  619 
Unapjiropriated  lands,  committee  for  the  sale  of,  in    county  of 

Berkshire,  authoi'ized  relative  to  payment  for  lands  sold  283 

empowered  to  make  sale  of  the  lands  mentioned        .        .  168 

Unclaimed  balances,  further  provision  relative  to  payment  of       .  609 

Union  Bank,  addition  to  act  incorporating      .....  71 

established 14 

United  States,  grant  to,  of  part  of  island  of  Seguin,  for  light-house  444 

secretary  to  have  constitution  and  laws  of,  printed      .         .  245 

Upton,  town  of,  to  show  cause 616 

Uxbridge,  town  of,  account  allowed  for  support  of  poor       565,  597,  673 


Y. 

Valuation,  rejiort  of  committee  on 322 

Valuation,  committee  on,  pay  established 280 

secretary  directed  relative  to  report  of        ...        .  288 

Vans,  William,  collector  of  excise,  appointed        ....  295 

Vanscaack,  Henry,  relating  to 403 

Vai'num,  Gershom,  relating  to 407 

Joseph  B.,  member  of  committee,  appointed       .        .        .  200 

Joseph  B.,  trustee,  appointed 421 

Matthew,  relating  to 407 

Vassalborough,  town  of,  account  allowed  for  support  of  poor      .  193 

Vassall,  William,  relating  to 699,  706 

Vaughan,  William,  relating  to 468 

William,  and  others,  resolve  on  petition  of        .         .        .  547 

Vaughn,  Jabez,  allowance  to 545 


Index. 


835 


Vaughn,  Jabez,  and  others,  resolve  on  petition  of 

Vinal,  John,  resolve  on  jjetition  of  . 

Vose,  Daniel,  allowance  to       ...         . 


Page 

251 
264 
608 


w. 

Wadsworth,  Asa,  relating  to 467 

Levi,  relating  to 467 

Peleg,  relating  to 468 

Wainer,  Michael,  set  oft"  from  town  of  Dartmouth  and  annexed  to 

town  of  Westport 62 

Wait,  John,  account  allowed 676 

John,  resolve  on  petition  of 200 

Thorns.  B.,  account  allowed 674 

Waite,  Thomas  B.,  account  allowed 194,  337 

Wakefield,  Jeremiah,  relating  to 128 

Walcot,  Thomas,  account  allowed 598,  676 

Walcutt,  Thomas,  account  allowed 566 

Waldin,  Robert,  relating  to 336 

Waldo  or  Muscongus  patent,  relative  to  taxes  assessed  on     .         .  637 

Waldo,  Brig.  Gen.,  resolve  on  petition  of  the  heirs  of    .        .         .  584 

Sarah,  allowance  to 658 

Walker,  Benjamin,  relating  to 121 

Capt,  i-elating  to 674 

David,  relating  to 477 

Eliakim,  relating  to 121 

Ephraim,  relating  to      ........  11 

James,  relating  to  .         .        .         .         .         .         .        .        .  121 

Levi,  relating  to 635 

Lewis,  relating  to  .........  11 

Micah,  relating  to 606 

Moses,  relating  to 11 

Moses,  Jr.,  relating  to 11 

Otis,  relating  to 11 

Peter,  relating  to 121 

Phillip,  relating  to .  6 

Samuel,  relating  to 108 

Timothy,  Jr.,  empowered  to  sell  the  land  mentioned  .         .  656 

Wilks,  relating  to 6 

William,  treasurer  to  issue  notes  to 606 

Wallas,  Thomas,  and  wife,  i-elating  to 332 

Wallcut,  Thomas,  relating  to .  443 

Walloy,  Thomas,  relating  to 346 

VVallis,  John,  allowance  to 297 

Walpole,  town  of,  account  allowed  for  support  of  poor .         .       336,  673 


836  Index. 

Page 

Waltham,  town  of,  account  allowed  for  support  of  poor         .         .  673 

Wamscon,  Joseph,  relating  to 192 

Ward,  Ai'temas,  relating  to 698 

Artemas,  Jr.,  relating  to 660 

George  Curwin,  given  further  time  in  which  to  pa}-  the  sum 

he  is  indebted  to  the  Commonweal tli         ....  560 

Richard,  to  issue  warrant 426 

Samuel,  allowance  to 306 

Samuel,  demand  against,  released 265 

Samuel,  relating  to 194,  338 

Samuel,  resolve  on  petition  of 276 

Wardwell,  Joseph,  relating  to 407 

Ware,  Elias,  account  allowed 219 

Wareham,  town  of,  certain  inhabitants  of,  permitted  to  take  ale- 
wives  with  seines  or  drag  nets  in  Wareham  river     .         .  118 
Wareham  river,  certain  inhabitants  of  town  of  Wareham  per- 
mitted to  take  alewives  with  seines  or  drag  nets  in  .         .  118 
Warner,  Daniel,  and  others,  resolve  on  petition  of  .        .         .         .  162 
Jesse,  resolve  on  petition  of  ....'...  621 

Oliver,  relating  to 261 

Warren,  town  of,  order  on  petition  of  selectmen  and  inhabitants  of  615 

Warren,  Benjamin,  brigade  major,  account  allowed        .         .        .  566 

David,  relating  to 53 

Henry,  appointed   member   of  committee  to   contract  for 

printing 162, 536 

Henry,  clerk  of  the  house  of  representatives,  allowance  to 

169,  214,'306,  563,  592,  656 

Samuel,  I'elating  to 619 

Warshonks,  Penelope,  relating  to 193 

Warwick,  town  of,  account  allowed  for  support  of  poor        193,  336,  673 

to  shoAv  cause 162 

Washburn,  Abraham,  treasurer  to  issue  notes  to     .         .        .        .  617 

Washington  county,  accounts  of  treasurer  allowed  and  tax  granted  268 
time  and  place  of  holding  courts  of  common   pleas  and 

general  sessions  of  the  peace  in,  determined     ...  22 
Washington  and  Hancock  counties,  relative  to  taxes  due  from,  to 

county  of  Lincoln       ........  273 

taxes  on  towns,  districts  and  plantations  in,  abated      .        .  647 
Washington,  Lincoln  and  Hancock  counties,  constituted  a  district 

for  the  election  of  councillors  and  senators       ,        .        .  466 

place  of  holding  supreme  judicial  court  for,  changed  .        .  107 
Washington,  York,  Cumberland,  Lincoln  and  Hancock  counties, 

designated  as  a  congressional  district         ....  185 

Washington,  plantation  of  (in  county  of  Lincoln),  incorporated 

as  town  of  Mount  Vernon 41 


Index. 


837 


),  incorporated  as 


Daniel  Schribner  to 


Wasliington,  plantation  of  (in  count}'  ot  Yor 
town  of  New  field 

tax  abated 

Wasson,  Samuel,  relating  to    . 
Waterborough,  town  of,  order  on  petition  of 

be  set  off  from     .... 
Waterman,  John,  adjutant,  account  allowed 
Waters,  Joseiili,  relating  to      . 
Watertown,  town  of,  account  allowed  for  su^jport  of  poor 

additional  notary  public  to  be  elected  for 
Watson,  George,  relating  to     . 

James,  relating  to  . 

Marston,  relating  to        .         .         . 

Nathl.,  account  allowed 
Watts,  Daniel,  relating  to         .         .        . 
Webb,  George,  to  be  paid  as  witness 

James,  relating  to  . 

William,  relating  to        .         .         . 
Webber,  Joseph,  relating  to     . 

William,  relating  to 
Webster,  Redford,  relating  to  . 
Wedgerj,  William,  account  allowed 

William,  to  issue  warrant 

William,  member  of  committee,  apiioin 

William,  relating  to        .        .        , 

William,  trustee,  appointed   . 

William,  adjutant,  account  allowed 
Weeks,  Nicholas,  empowered  to  collect  certain  taxes 
Welch's  creek,  relative  to  canal  from 
Weld,  Ezra  Waldo,  account  allowed 


tet 


Wells,  town  of,  proprietors  of  Mousom  liarbour  in,  incorporated 
Wells,  Nathl.,  member  of  committee,  appointed     .        .        .       278,311 

Nathaniel,  relating  to 158 

Welsh,  Dr.  Thomas,  account  allowed 193,  336 

Wendell,  Oliver,  relating  to 15 

Wenham,  town  of,  act  for  securing  the  growth  of  wood  and  tim- 
ber in  tract  of  woodland  in         114 

Wentworth,  Benjamin,  relating  to 269 

Joseph,  relating  to 466 

Wescot,  Joshua,  relating  to 53 

Wesson,  John,  and  others,  order  on  petition  of       .         .         .       215,  605 
West,  Rev.  Saml.,  allowance  to 159 

Rev.  Stephen,  relating  to 403 

Westborough,town  of,  account  allowed  for  support  of  poor  196,  5G5,  673 

assessments  in,  confirmed 524 


Page 

471 
647 

407 


180 
675 
334 
673 
145 

90 
336 

54 
673 
477 
662 
468 

77 

193,  407 

407 

443 

598 

90 
149,  548 
676 
511 
566 
524 
104 
196,  337 

24 


838 


Index. 


Page 
Westborough,  town  of,  Elijah  Whitney  annexed  to         ...        66 

treasurer  to  jiay 527 

West  Boston  bridge,  act  in  addition  to  act  incorporating  proprie- 
tors of 43,  129 

Westcoat,  Pelatiah,  relating  to 407 

West  Congregational  society  in  Taunton,  incorporated         .        .       121 

Western,  Frances  Shirley,  allowance  to 303 

Westfield,  town  of,  academy  established  in 349 

account  allowed  for  support  of  poor     ....       336,  673 

fine  remitted 280 

tax  abated 157,  640 

treasurer  to  omit  sending  execution  against        .         .         .       540 

Westford,  town  of,  academy  established  in 421 

West  parish,  in  town  of  Pownalboro',  to  show  cause     .         .         .       539 
in  town  of  Salisbury,  boundary  line  between  East  parish 

and,  changed 345 

in  town  of  Salisbury,  incoi'porated 83 

Westport,  town   of,  certain   inhabitants  of  town  of  Dartmouth 

annexed  to G2 

West  Springfield,  town  of,  account  allowed  for  support  of  poor 

193,  336, 673 
additional  notary  public  to  be  elected  for    . 
resolve  on  petition  of  selectmen  of 
Weston,  town  of,  account  allowed  for  support  of  poor 
relating  to  account  allowed  by  mistake 


West  Stockbridge,  town  of,  Bapt 
porated 

goi'e  of  land  annexed  to 

tax  abated 

to  show  cause 
Wetmore,  William,  relating  to 
Wheaton,  Joseph,  relating  to   . 

Joseph,  2d,  relating  to   . 
Wheeler,  Josiah,  account  allowed 

Nathaniel,  Jr.,  relating  to 

Raphfel,  relating  to 
Wheelock,  Levi,  relating  to 

Samuel,  relating  to 
Wheelwright,  Ebenezer,  relating  to 

John,  empowered  to  commei 
the  Commonwealth     . 

Nathaniel,  relating  to     . 
Whitaker,  Amos,  relating  to     . 

Peter,  relating  to    . 

Richard,  relating  to 

Richard,  resolve  on  petition  of 


st  religious  society 


ce  suits  at  law  in  th 


in,  incor 


e  name  of 


145 
150 
336 
527 

467 

68 

272 

238 

443 

6 

6 

194 

653 

478 

407 

407 

427 

159 

159 

11 

11 

11 

642 


Index. 


839 


151 

79 

57G 

338, 676 

257 

60,  95,  153,  333 


autliorized  to 


Whitcomb,  Jonathan,  and  Nathan  Merriam,  order  on  petition  of 
White,  Benjamin,  relating  to 

Haffield,  treasiu'er  to  credit  with  the  snm  mentioned  . 

James,  account  allowed 

Jeremiah,  and  others,  order  on  petition  of 

John,  i-elating  to 

Leonard,  relating  to       ...        . 

Peleg,  set  off  from  town  of  Dartmouth  and  annexed  to 
town  of  Westport       .... 

Samuel,  I'elating  to 

Samuel,  to  issue  warrant 

Samuel,  and  others,  order  on  petition  of 

Seth,  adjutant,  account  allowed     . 
Whiteraore,  Richard,  relating  to       .        .         . 
Whiting,  Jabez,  treasurer  to  issue  note  to 

Moses,  and  others,  order  on  petition  of 

Nathan,  relating  to        ...         . 

Nathaniel,  relating  to     . 

Samuel,  and  others,  resolve  on  petition  of 

Thomas,  and  Joseph  and  Thankful  Blake 
execute  deed  of  the  land  mentioned 

William,  relating  to       ...        . 

William,  and  others,  resolve  on  petition  of 
Whitney,  Abel,  trustee,  appointed    . 

Capt.  Asa,  relating  to     . 

Elijah,  set  off  from  town  of  Shrewsbury  and  annexed  to 
town  of  Westborough 

Isaac,  set  off  from  town  of  Ashburnham  and  annexed  to 
town  of  Ashby 

Levi,  resolve  on  petition  of    . 

Rev.  Phineas,  trustee,  appointed    . 
Whittemore,  Samuel,  to  call  meeting 
Whitten,  Samuel,  resolve  on  petition  of  . 
Whittridge,  William,  relating  to      .        , 
Whitwell,  Samuel,  account  allowed 

Samuel,  relating  to        .         .        . 
Wickams,  Martha,  relating  to  . 
Wigglesworth,  Edward,  relating  to 
Wilbore,  Daniel,  set  off  from  town  of  Sharon  and   annexed   to 
town  of  Foxborough  .... 

Jonathan,  relating  to      ...         . 
Wilbraham,  town  of,  proprietors  of  mill  dams  in 
Wilcox,  Abner,  set  off  from  town  of  Dartmouth 
town  of  Westport       .... 

Thomas,  relating  to        ...         . 
Wilder,  Abel,  allowance  to      ...        . 


62 
108,  109 

62 
226 
675 
478 
250 
221 

47 

47 
634 


60 


to  show  cause 
and  annexed  to 


599 
634 
634 
349 
619 

66 


47 
150 
419 
115 
558 
209 
191,218,671 
193 
334 
427 


79 

79 

555 

62 
467 
281 


840 


Index. 


jjeti 


Page 
Wilder,  Abel,  relating  to 200 

Abel,  adjutant,  account  allowed 340,  675 

James,  treasurer  to  issue  note  to 593 

Wilds,  Benjamin,  allowance  to 235 

Jacob,  resolve  on  petition  of 529 

Wilkie,  Jerusha,  relating  to 191,  333 

Willard,  Aaron,  relating  to 581 

Abel,  relating  to     . 

Benjamin  Whittemore,  Paul  and  William,  resolve  on 
tion  of 

Levi  and  Catharine,  relating  to     . 
Willes,  Sylvanus,  resolve  on  petition  of  . 
Willett,  Andrew,  relating  to     . 
Williams,  Asa,  adjutant,  account  allowed 

Benjamin,  and  others,  resolve  on  petition  of 

Ebenezer,  resolve  on  petition  of 

Elijah,  relating  to  . 

Elijah,  resolve  on  petition  of 

Capt.  George,  relating  to 

Hannah,  relating  to 

James,  relating  to  , 

James,  trustee,  appointed 

John  Chester,  and  Sarah,  empowered  to  make  deed  of  the 
land  mentioned 

John  Foster,  and  John  Cathcart,  treasurer  to  pay 

Joseph,  deputy  adjutant  general,  account  allowed 

Joshua,  relating  to  .        .        , 

Lemuel,  to  issue  wai'rant 

Polly,  relating  to    . 

Reuben,  relating  to        .        .        . 

Richard,  treasurer  to  issue  notes  to 

Robert,  allowance  to       .        .        . 

Rev.  Solomon,  trustee,  appointed  . 

William,  relating  to       .        .         . 
Williams  college,  established  . 

Williamsburgh,  town  of,  account  allowed  for  support  of  poor 
Williainstown,  town  of,  account  allowed  for  support  of  poor 


tax  abated 
Willington,  Jeduthan,  allowance  to 
Willis,  John,  relating  to   . 

John,  Jr.,  relating  to 

Nathaniel,  I'elating  to     . 

Zebina,  relating  to 
Willmarth,  Asa,  relating  to 


280 

581 
276 
319 
127 
675 
269 
156 
403 
272 
227 
661 
477 
45,  105 


.  261 
.   246 

339, 675 
.  251 
14 
.  332 
.  640 
.  251 
.  592 
.   349 

403,  472 
.  403 
193,336,673 


19G,  336,  565,  597,  673 
558 
663 
121 
121 
121 
121 
256 


Index. 


841 


Page 

Willmarth,  Daniel,  relating  to 6 

Joseph,  relating  to 6 

Willson,  David,  relating  to 407 

Wilson,  Farring,  I'elating  to 467 

James,  I'elating  to 61 

Josiah,  relating  to 239 

Nathaniel,  relating  to 467 

Shubael,  relating  to 467 

VVinehendon,  town  of,  Joel  Brooks  set  oif  from  town  of  Winchen- 

don  and  annexed  to  town  of  Gardner        .         .        .         .  446 
Windsor,  town  of,  account  allowed  for  support  of  poor         193,  336,  673 
certain  lots  of  land,  with  inhabitants  thereon,  in  town  of 

Cheshire,  annexed  to 474 

part  of,  ineori^orated  as  town  of  Cheshire     .        .         .         .  81 

time  for  paying  tax,  extended 266 

treasurer  to  credit  with  the  sum  mentioned  ....  635 
Wing,  David,  set  off  from  town  of  Dartmouth  and  annexed   to 

town  of  Westport 62 

Edward,  Jr.,  Joseph  and  Prince,  set  off  from  town  of  Dart- 
mouth and  annexed  to  town  of  Westjjort        ...  62 

Winslow,  Elijah,  relating  to 407 

Ephraim,  resolve  on  petition  of 276 

Isaac,  relating  to 317 

Mason  &,  account  allowed 338,  676 

Shadrack,  set  off  from  town  of  Sharon  and  annexed  to  town 

of  Foxborough 79 

Zenas,  and  others,  order  on  petition  of 603 

Winter,  Christopher,  relating  to 467 

Francis,  relating  to 77 

John,  relating  to 467 

Winthrop,  James,  relating  to 412,  443 

James,  trustee,  appointed 419 

Wise,  Michael,  relating  to 25 

Wiswall,  Oliver,  account  allowed 338 

Thomas,  relating  to 529 

Witherell,  James,  resolve  on  petition  of 614 

Withrell,  Thomas,  relating  to 90 

Witnesses,  inhabitants  of  towns  and  members  of   societies  ad- 
mitted as,  in  suits  at  law 57 

Woburn,  town  of,  provisions  of  act  for  preservation  of  fish  in 

Mystic  river,  extended  to 500 

Wonson,  Samuel,  relating  to 40 

Samuel,  Jr.,  relating  to 40 

Wood  and  timber,  act  for  securing  the  growth  of,  in  certain  towns  114 

Wood,  Bennett,  order  on  petition  of 212 


842 


Index. 


Page 

60 

.   333 

,670 

287 

. 

287 

60 

115 

161 

115 

f    .    .    . 

559 

291 

and  annexed  to 

58 

town  of  Groton 

64 

.    .    . 

419 

. 

218 

. 

64 

121 

407 

Wood,  Ebenezer,  relating  to    . 
Jane,  relating  to     . 
Pelham,  relating  to 
Thomas,  3d,  allowance  to 
Woodberry,  Elisha,  relating  to 
Woodbury,  Andrew,  relating  to 
Benajah,  relating  to 
James,  relating  to  . 
Woodman,  John,  and  others,  resolve  on  petition  of 

Nathan,  allowance  to     . 
Woodman's  grant,  set  off  from  town  of  Lebanon 

town  of  Shapleigh      .... 
Woods,  Amos,  Caleb  and  Caleb,  Jr.,  set  off  fi'om 
and  annexed  to  town  of  Dunstable    . 
Henry,  trustee,  appointed 
Sampson,  brigade  major,  account  allowed 
Capt.  Solomon,  relating  to     . 
Woodward,  George,  relating  to        .        .         . 

Smith,  relating  to 

Woolen  manufactory,  proprietors  of    the   Newburyport,  incor- 
porated         427 

Worcester  county,  accounts  of  treasurer  allowed  and  tax  granted 

226,  632 
additional  term  of  courts  of  common  pleas  and  general 

sessions  of  the  peace  in,  established 127 

constituted  a  district  for  the  election  of  councilloi's  and 

senators 466 

courts  of  common  pleas  and  general  sessions  of  the  peace 

in,  adjourned 202, 289 

relative  to  actions  in   courts  of  common  pleas  and  gen- 
eral sessions  of  the  peace  in 348 

time  of  holding  courts  of  common  pleas  and  general  ses- 
sions of  the  peace  in,  changed 65 

Worcester,  Hampshire  and  Berkshire  counties,  designated  as  a 

congressional  district 185 

Worcester,  town  of,  account  allowed  for  support  of  poor      193,  336,  673 
committee   authorized   to   ascei'tain   the   most   convenient 

place  for  a  road  between  town  of  Boston  and  . 
committee  on  accounts  to  examine  accounts  of,  for  support 

of  poor        

public  road  to  be  surveyed  from,  to  town  of  Boston   . 

Worthington,  John,  relating  to 

John,  and  others,  act  altei-iog  act  incorporating,  as  propri- 
etors of  locks  and  canals  on  Connecticut  river 
Wrentham,  town  of,  account  allowed  for  support  of  poor     . 


214 

175 

146 

63 

380 
673 


Index. 


843 


Wrentham,  town  of,  to  show  cause 

Wright,  Dr  ,  relating  to 

Dr.  Asahel,  relating  to  . 

John  CluflBn,  relating  to        .         .        . 

Zaccheus,  trustee,  appointed  . 

Zacheus,  to  fix  time  of  holding  meeting 

Wyle,  John,  relating  to 

Wyman,  Samuel,  Jr.,  relating  to      .        .        . 

Samuel  Eames,  relating  to     . 

Seth,  relating  to 


Page 

237 
333 
336 
334 
421 
423 
333 
171 
172 
124 


Yarmouth,  town  of,  East  precinct  in,  incorporated  as  town  of 

Dennis 351 

York  county,  accounts  of  treasurer  allowed  and  tax  granted       231,  607 
constituted  a  district  for  the  election  of  councillors  and 

senators 466 

courts  of  common  pleas  and  general  sessions  of  the  peace 

in,  adjourned 661 

York,  Cumberland,  Lincoln,  Hancock  and  Washington  counties, 

designated  as  a  congressional  district        ....       185 
York,  town  of,  account  allowed  for  suppoit  of  poor       .        .       386,  565 
committee  on  accounts  to  examine  accounts  of,  for  support 

of  poor 163 


York,  Letitia,  relating  to 

Young,  Caleb,  relating  to         .... 

William,  and  others,  order  on  petition  of 
Young  &  Etheridge,  account  allowed 


191 

53 

579 

337 


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