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

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Act repealed.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 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 

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 

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 

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 

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 

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 



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 

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 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 

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 

£.25 



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 



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 
14 


d. 




16 13 





1 16 





£.20 7 






Miscellaneous Expences for the Common-wealth — vizt. 

£ s. d. 
5 8 



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 

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 



11 2 

1 16 



7 5 6 
18 18 



17 18 7 



7 9 4 



17 8 



142 





628 





150 






£478 



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 

284 days fa) 10s 142 



620 16 



deducting a Warrant he had on the 

Treasury of 26 June 1789 in part, for 150 



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 

Miscellaneous Expences, . . . 1074 7 



£ 

470 


s. 
16 


d. 



£ 

48 


s. 
10 


d. 



1074 





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 

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 

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 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 

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 

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 

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 

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 

To Seth Bannister Deputy Adjutant General for his Ser- 
vices from 1 January to 1 November 1792 — in the 
7th Division, 18 8 

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 





6 18 





18 





£.121 16 






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 

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 





- 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 

To Joseph Laughton first Clerk in the Treasury Office 
for his services from 26 June to 13 November, 120 
Days @ 10.5 60 

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 



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 




£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 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 





7h 


6 


4 


U 


3 


14 


H 


4 


15 


Oh 


4 


14 


5 


1 


19 


3| 


1 


7 


7.: 


4 





21 


3 


7 


2I 


3 





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 


21 Hull . 














6 9 


9884 


£162 12 01 


County of Essex. 


1464 Salem £.23 8 3 


937 Newburyport 














17 14 3 


999 Ipswich 














10 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 


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 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 














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 


240 Maiden 














2 6 If 


254 Pepperell . 














2 4 4 


211 East-Sudbury 














2 1 Ih. 


194 Sherburne . 














2 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 


168 Shirley 














14 6 


104 Stoneham . 














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 


341 Wilbraham . 














3 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 . 














17 Ih 


105 Heath . 














13 74 


312 Brimfield . 














2 17 6 


332 Southampton 














1 14 2 


109 Montgomery 














13 11 


135 Goshen 














1 4 Ih 


138 Ludlow 














18 \\h 


159 Shutesbury . 














19 8 


219 Montague ' . 














1 13 lOil 


207 Cummington 














1 8 10 


335 Ashfield 














2 1 


150 Bernai-dstown 














1 3 lU 


238 Greenwich . 














1 18 


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 














9 5 


154 South Brimfield . 














12 9 


124 Wendell . 














17 


98 Rowe . 














12 11 


200 Southwick . 














1 9 


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 














15 1 


163 Leyden 














116 


241 Warwick . 














1 12 \h 


172 Granby 














1 7 10 


168 Middlefield . 














1 Ih 


159 Norwich 














1 1 Ah 


290 Worthington 














2 5 4 


398 Granville . 














3 12 Hi 


146 Westhampton 














1 3 3 


159 Leverett 














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 














16 1 


153 Charlemont 














19 U 


549 West Springfield 












5 1 2 


110 Plainfield . 














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 21 

3 2 
3 1 9| 
2 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 

1 19 lU 

4 9 7i 
3 6 6i 

2 4 5| 
2 4 2| 
1 17 \\\ 
16 8 
1 12 5f 

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 


\0h 





9 11 


1 


3 bh. 



£.20 15 llf 

£.4 12 4 

11 6 11 

9 4 5 

6 10 



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 





2 10 


n. 


4 17 


H. 


3 


6 


1 14 


lUi 


4 12 


IH 


2 17 





3 8 





1 19 


lOf 


2 8 


3f 


1 9 


3 


5 19 


2 


3 18 


8 


1 19 






Countt 



of Berkshire. 



£.53 19 6f 

£.3 15 6f 

2 14 2f 

2 18 4 

2 11 0^ 
2 4 



3 

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 10 
9 6 

2 11 4d 
2 8 Oi 

9 11 

1 2 9il 

1 10 10 
18 7 

2 6f 
18 2i 
2 16 4i 
4 10 



9 7 

4 6i 

6 7 

3 6 



£.52 3 


3i 


£.5 14 





71 7 





6 4 





2 17 





2 10 





2 10 





2 7 


8 


2 5 





1 4 





1 3 


7 


1 1 





1 5 





1 





16 


4 


1 





8 


2 


6 


4 


5 19 


6 


7 


4 


1 7 





1 12 





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 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 




1 4 




19 


7 


1 





10 


9 


.8 


7 


9 


10 


11 


5 


5 


7 


5 


7 


9 


H 


5 


Oil 


5 


Oh 


5 


Oi 


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 





1 13 


n 


2 6 


Oi 


1 5 


Oi 


1 3 


8 


1 8 





1 15 


1 


1 12 





1 6 


1 


1 3 


n 


1 4 


10 


1 8 


3i 


1 7 


6 


1 3 


U 


17 


8 


1 5 





17 


5^ 


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. 


11 


O-i 


13 


u. 


15 


H 


10 


7f 


15 


4 


12 


64 


11 


n. 


10 


4i 


1 4 


6 


8 


Oi 


15 


9 


7 


1 


12 


1 


2 





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 













19 3 


206 


Mount Desert 










1 


3 U 


85 


Isleborough 













8 6 


82 


Golsborongh 













12 5 


129 


Vinal haven . 













14 2i 


97 


Orrington . 













13 bh 


78 


Belfast 













12 \\ 


106 


Sullivan 













10 8 


238 


Frankfort . 










1 


7 11 


143 


Sedgwick . 













16 6:1 


83 


Bluehill 










14 lOii 


80 


Trenton 













13 Ih 


45 


Bangor 













6 9 


65 


Planta. No. 2, E. 


of P. 


R. 









7 11 


34 


Adj. to Sullivan 













3 ll 


49 


Do. to Bangor 











6 llf 


50 


Duck Trap . 











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 









7 4.: 


57 


Do. No. 13, East U. R. 









6 81 


60 


Do. No. 5, E. U. Riv. . 









8 3 


62 


Do. No. 4, E. Unio. R. 









5 lU 


50 


Do. No. 8, E. of I 


^lach 











3 



■ 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 



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 
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 

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, 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 

To Town of Charlemont for supporting Jonathan Hill 

from 1 Deer. 1791 to 31 Jany. 1793, . . . . 14 15 
To Town of C<jlerain for supporting John Stewart & 

Wife & Daniel McDougal from 31 Deer. 1791 to 31 

Deer. 1792, 40 8 

To Town of Cape Elizabeth for supporting Betty Carrol 

from 27 May 1792 to 27 Feby. 1793 13 19 

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 





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 

65 1 2 

47 19 6 

11 10 

132 8 6 

10 16 

4 16 
22 4 

11 10 
2 8 

16 17 6 

5 7 3 

22 10 1 

75 2 2 
2 2 

13 10 

9 18 11 

22 17 4 

12 

8 5 2 

6 13 
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 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 

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 

To Town of Pembroke, for supporting James Brand's 

Child from 20 Novr. 1791 to 20 Novr. 1792, . . 5 4 

To Town of Partridgefield, for supporting Mary Lace 

from 24 Jany. 1792 to 13 March 1793, . . . . 16 10 

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 

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 

To Doctor Marshall Spring for attendance & medicine, 

& amputating a limb of Mr. Crouch's Aug. 1791, . 9 17 

To Town of Southwick for supporting George Reed 

from 12 Jany. 1792 to 12 Jany. 1793, . . . . 16 4 

To Town of Springfield for supporting sundry persons 

poor of the Common-wealth up to 28 Jany. 1793, . 16 6 

To Town of Salem for supporting sundry persons poor 
of the Common-wealth from 1 January 1792, to 1 Jan- 
uary 1793, . 377 2 

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 

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 

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 

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 

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 

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 

/ To Joseph Hosmer, for supporting Daphney an African, 

X fi'om 14 Novr. 1792 to 27 March 1793 — bv order of 

Court, 5 14 

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 

£.2335 11 



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 

To R Hutchins of Springfield, for printing in Jan- 
uary 1793, 17 

To Ezra Waldo Weld of Springfield, for printing from 

20 June to 12 Deer. 1792, 7 8 

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 



£.60 18 



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 

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 

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 

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 

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 

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 



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 

To hon. David Cobb, for his service, on the same busi- 
ness, from Octr. 1792 to 30 Jany. 1793 — 94 Days ® 
12s., 66 8 

To Ezra Collins, for attendance on a Committee on the 

Petition of Samuel Ward ^ order of Court, . . 14 

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 

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 

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 

To William Harris Clerk in the Secretai'y's office for 

extra expence attending at Concord, . . . . 18 



Resolves, 1792. — January Session. 339 

To Edward McLane, another Clerk in the same office, £ s. d. 
for exti'a expence attending at Concord, . . . 18 

To Andrew Campbell, another Clerk in the same office, 

for extra expence attending at Concord, . . . 18 

To Joseph Laughton, first Clerk in the Treasury office, 
from 13 Novr. 1792, to 23 March 1793, 112 Days — ® 
10s 56 

To Daniel Cowing for his attendance on the General 
Court, from 28 Jaury. to 27 March 1793, 51 Days ^ 
6s. 8 17 

To James Bancroft for 11 days service as a Clerk for the 

Committeeon Valuation from 11 to 22 Fehy. 1793,® 9s. 4 19 

To Jacob Emerson for 8 days service on the same busi- 
ness in Febry. 1793, ® 9s 3 12 

To Thomas Greene for 32 days service on the same 
business, from 24 Deer. 1792, to 30 Janry. 1793, ® 9s. 14 8 

To William Palfrey for 7 daj-s service on the same busi- 
ness in Febry. & March 1793, 'S 9s 3 3 

To Jacob Rowe for 22 days service on the same business 
in Febry. & March 1793 '3) 9s 9 18 

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 



£.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 

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 

To John Smith Brigade Major, for his services from 3 
June 1791 to 1 January 1793, 25 3 



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 





9 8 





10 17 


4 


11 14 


8 


6 1 


4 


6 5 


10 


2 5 


5 


5 10 





6 10 


4 


8 1 


10 


5 


9 


4 5 


5 


7 12 


10 


6 7 


4 


3 9 


8 


5 14 


7 


4 12 


6 


9 





3 14 






£.472 13 4 



Totals brought down. 

Expences of supporting the Poor of the Commonwealth, £.2335 11 

Printers Accounts, 50 18 

Sheriffs Accounts, 80 7 8 

Expences of repairing the State House, . . . . 110 12 

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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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 n