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

ACTS AND RESOLVES 



MASSACHUSETTS. 



1794-95. 



[Published by the Secretabt of the Commonwealth, under 
Authority of Chapter 104, Kesolyes of 1889.] 



ACTS 



AND 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS. 



BOSTON : 

Printed at the State Press, by Adams & Larkin, 

Printers to the GENERAL COURT. 

M,DCC,XCIV. 



Reprinted by Wright & Potter Printing Company, State Printers. 

1896. 



ACTS AND LAWS 

PASSED BY THE GENERAL COURT OF MASSACHUSETTS: 
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY THE TWENTY- EIGHTH 
DAY OF MAY, AXXO DOMINI, 1794. 



1794. — Chapter 1. 

[May Session, ch. l.j 

AN ACT FOR RAISING THE SUM OF EIGHT THOUSAND POUNDS, 
FOR THE PURPOSE OF ERECTING A BUILDING FOR THE] USE 
OF THE UNIVERSITY AT CAMBRIDGE. 

Whereas the Overseers and Corporation of Harvard Preamble. 
College have represented to this Court the inconvenience to 
which the Students at the said College ar^e subjected for 
loant of an additional Building, and it is inconvenient at 
present to make a grant from the public Treasury there- 
for: 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, and by tJie Authority of 
the same, that the sum of eight Thousand Pounds he raised 
by Lottery for the purpose of erecting a Building at Cam- 
bridge for the accommodation of the Youth at the Uni- 
versity there ; and that the Honorable Benjamin Austin Managers, 
junr. George R. Minot, Samuel Cooper and Henry War- 
ren Esqrs. and Mr. John Kneeland be, and they hereby 
are appointed Managers of said Lottery, whose business —their duty. 
it shall ho. from time to time, to make and publish such 
scheme or schemes as shall in their opinion best promote 
the purposes of said Lottery, and for drawing said Lottery 
& ti'ansacting the other business thereof. 

Ami be it further Enacted, that the said managers, be- 
fore they enter on the duties of their said Office, shall give -to give bonds 
separate Bonds to the Corporation of said College in the 
sum of Three thousand pounds with sufficient surety, 
each to be answeral)le for his own default, and shall take 
an Oath for the faithful performance of said trust. 



Acts, 1794. — Chapter 1. 



Prizes to be 
paid in 30 days. 



Schemes and 
time of drawing, 
to be published. 



Fine and pun- 
ishment for 
counterfeiting 
or altering 
Tickets. 



Sale of frac- 
tional parts of 
Tickets to be 
prevented. 



And be it further Enacted^ that the prizes in said Lot- 
tery shall be paid by the Managers in Thirty Days after 
the drawing of each Class of said Lottery is compleated : 
Those prizes not demanded within one Year after the pub- 
lication of the drawing of the said Lottery, shall be con- 
sidered as generously given for the purpose for which this 
Lottery is granted ; and the Managers are hereby directed 
from time to time as the Classes shall be drawn to pay 
into the hands of the Corporation of Harvard College, 
the net proceeds, after deducting the compensation that 
the said Corporation shall allow them for their services. 

And be it further Enacted that the Managers shall 
publish the Schemes of this Lottery, the time and place 
of drawing, and the list of prizes, in one or more of the 
public News-Papers. 

And be it further Enacted that if any person shall 
forge, counterfeit or alter any of the Tickets in the said 
Lottery, or shall alter or pass any such forged counter- 
feited or altered Ticket knowing the same to be such, 
or shall in any way or manner aid or assist in forging, 
altering or passing such Ticket, every person so offending 
and being convicted thereof before the Supreme Judicial 
Court, of this Commonwealth, shall be punished by fine 
not exceeding one hundred Pounds, nor less than Twenty 
pounds for each or either of said Offences, or by whip- 
ping or standing in the Pillory, or imprisonment, or any 
or all of such punishments, as said Court may direct. 

And be it further Enacted that it shall be the duty 
of the said Managers, and of every of them to prevent 
as far as may be the selling of any fractional parts of 
Tickets : and if any person shall deceitfully or by any pre- 
tences of convenience, to purchasers, make, utter or sell 
any fractional Part of a Ticket in the said Lottery, or 
any Class thereof, putting upon such part any advance, 
the person or persons purchasing such fractional ])art of 
a Ticket, may recover back the whole sum which shall 
appear to have been paid therefor, and may have an 
Action for the same as for money receiv'd to their use. 

And be it further Enacted, that this Act as to the 
Grant of the said Lottery, shall continue and be in force 
for the term of four Years, and untill the end of the next 
Session of the General Court, which shall be then after, 
and no longer. Approved June 14, 1794. 



Acts, 1794. — Chapter 2. \ 

1794. — Chapter 2. 

[May Session, ch. 2.] 

AN ACT DIVIDING THE TOWN OF HALLO WELL IN THE COUNTY 
OF LINCOLN INTO THREE PARISHES AND FOR INCORPORAT- 
ING THE SAME. 

£e 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 Hallo well in the County of ^^e^Y^^^^ '^'• 
Lincoln be, and the same hereby is divided into three dis- three parishes, 
tinct Parishes, to be designated the South Parish, the Mid- 
dle Parish and the North Parish : and the following shall 
be the dividing lines between said parishes, vizt. Between 
the Soutli parish and the Middle Parish the dividing line Dividing lines, 
shall begin on the East side of Cobbise-contee pond at 
the Northwest corner of the mile lot, number twenty- 
three ; thence running East soutli east in the North line 
of said lot to Kennebeck River ; thence Easterly across 
said River, to the Northwest corner of lot numlier eigh- 
teen, being the same lot on which Jonathan Davenport 
now lives ; thence East-south-east to the Eastern bounds 
of said Town. And between the Middle-parish and the 
North parish, the dividing line shall begin on the Westerly 
bank of Kennebeck River, at the North-east corner of lot 
Number eighteen ; thence running in the North line of 
the said lot West north-west and continuing the same 
course to the West side of the said Town, then beginning 
again on the Easterly Bank of said Kennebeck River at 
the North-west corner of lot Numlier thirty-four, and 
thence running in the North line of said lot East-south- 
east one mile to a Road ; thence Northerly by said road 
fifty rods, thence East south-east to the East side of the 
said Town. And that all the Lands in said Town with the 
Lihabitants thereon, south of the line dividing the South 
parish and the Middle parish as above described, be and 
hereby are incorporated into a seperate parish hy the 
Name of the South parish in Hallo well. Also all the 
lands in said Town with the Inhabitants thereon between 
the line dividing the South parish and the Middle parish, 
and the line dividing the Middle parish and the North 
parish as above described and expressed, be and hereby 
are incorporated into a seperate parish by the Name of 
the Middle parish in Hallowell : And also all the Lands 
in said Town with the Inhabitants thereon, North of the 



8 



Acts, 1794. — Chaptek 3. 



Inhabitants 
permitted to 
join either 
Parish. 



Proviso. 



Hon. D. Coney, 

Esq. to issue 
warrant. 



line dividing the Middle parish and the North parish as 
above described, be and hereby are incorporated into a 
seperate parish by the Name of the North parish in 
Hallo well ; and that each of said parishes be, and hereby 
is vested with all the powers, privileges and Immunities 
which other Parishes within this Commonwealth are en- 
titled to, or do by Law enjoy. 

And be it further Enacted by the Authority aforesaid, 
that any of the Inhabitants of said Town of Hallowell 
shall at all times forever hereafter, have full liberty to 
join themselves with their families and estates to either 
of the Parishes aforesaid in said Town, and to return or 
remove therefrom to any other parish in said Town, Pro- 
vided they shall some time in the month of March certify 
in writing under their hands to the Clerk of said Town, 
to which of said Parishes they choose to belong ; Where- 
upon they shall thereafter be liable to be taxed with their 
estates in such Parish mentioned in such Certificate, their 
just proportion of all parish Taxes and not elsewhere. 

And be it further Enacted by the Authority aforesaid, 
that the Honorable Daniel Coney Esqr. be, and he is 
hereby authorized to issue his several warrants directed 
to some suitable person in each of said Parishes respec- 
tively, requiring him to notify and warn the Inhaljitants 
of such parish to meet at the time and place expressed in 
such warrants for the purpose of choosing such Officers 
as may by Law be chosen by Parishes in the month of 
March or April annually, and also for the transaction of 
any other business, that may be legally transacted in par- 
ish meetings. Approved June 14, 1794. 



1794. — Chapter 3. 

[May Session, ch. 3.] 

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

Whereas a Bridge over Merrimack River, betiveen the 
toivns of Haverhill and Neivbury in the County of Essex, 
ivould be of pidjlic convenience ; and whereas Enoch Saw- 
yer 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 



Acts, 1794. — Chapter 3. 9 

praying for liberty to build the same, and to be incorpo- 
rated for that purpose; 

Be it therefore Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same that Enoch Sawyer, WiOiara Coffin, Proprietors in- 
Joshua Wingate Esqrs. Messiuers Jacob Brown, Joseph a°bodrpoutrc!° 
Newell, Amos George, Ephraim Elliot, Moses Moody, Wil- 
liam L. Abbot, and AVilliam Cutler, with such other persons 
as have associated with them as aforesaid, and all those 
who may hereafter become proprietors in said Bridge be, 
and they are hereby made and constituted a Corporation 
and Body Politick for the purpose aforesaid, b}^ the name 
of the proprietors of Merrimack Bridge, and by that name 
may sue, and be sued to final judgment and execution, 
and do and suffer all matters acts and things which Bodies 
politic may or ought to do and suffer ; and the said Cor- 
poration 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 Joshua Wingate, Jacob Brown and Moses proprietors 
Moody, or any two of them may by advertisment in the ™|yf_^"™eet- 
News paper called the Morning Star, and by posting an 
advertisement in the towns of Haverhill and Newbury re- 
spectively, warn or call a meeting of the said proprietors 
to be holden at any suitable })lace and time after six days 
from the publication and posting up said advertisement ; 
and the said proprietors by a vote of the majority of those 
present, or represented at said meeting, accounting and 
allowing one vote to each single share in all cases, shall 
choose a Clerk, who shall be sworn to the faithful dis- 
charge of the duty of his said Office ; and shall also agree 
on a method of calling future meetings, and at the same or 
any subsequent meeting may elect such officers, and make -may make 
and establish such rules and bye laws as to them shall seem ruies^lnd regu- 
necessary and convenient for the regulation & government ''*"°°*" 
of the said Corporation, for carrying into effect 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 ; jjrovided the Proviso, 
said rules and bye laws be not repugnant to the Constitu- 
tion or laws of this Commonwealth ; and all representa- 
tions at any meeting of 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 



10 



Acts, 1794. — Chapter 3. 



— authorized 
to purchase 
real estate. 



by laws, regulations votes and proceedings of said Corpora- 
tion 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 hy the authority aforesaid 
Proprietors per- that the Said proprietors be, and they are hereby permitted 

mitted to build , i • i -mt ' i • j.- A i i • 

a Bridge— to crcct a bridge over Merrimack river, trom the public 
landing place at Swett's Ferry in Haverhill aforesaid to 
the opposite shore in Newbury aforesaid. 

And be it further Enacted by the authority aforesaid, 
that the said proprietors be, and they are hereby author- 
ized and impowered to purchase any real estate they think 
necessary or convenient to purchase, for efiecting the pur- 
pose 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 real estate and bridge be 
transfered by deed acknowledged and recorded by the 
Clerk of said proprietors in a book to be kept for that 
purpose ; & when an}"- 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 proc- 
ess 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 by the authority aforesaid, that 
for the purpose of reimbursing the said proprietors, the 
monies by them expended or to be expended in building 
and supporting the said Bridge, a toll be, and hereby is 
granted and established for the sole benefit of the said 
proprietors, according to the rates following, viz. For 
each foot passenger two thirds of a penny ; — for each per- 
son 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, chariot, Phaeton or other 
four wheeled carriage for passengers one shilling and six 
pence, — for each curicle one shilling, — for each cart, sled, 
sley or other carriage of burthen drawn by one beast six 
pence, — for each wagon, 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, sley or other carriage of burthen drawn hy more than 
four beasts at the rate of two pence for each beast ; — for 
each horse or neat Cattle, other than those rode on or in 
carriages, two pence — for each sheep or swine two thirds 



A toll estab 
liahed. 



Rates of. 



Acts, 1794. — Chapter 3. 11 

of a penny, and to each team one i)erson 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 
or gates shall be left open ; and the said toll shall com- 
mence on the day of the first opening of said Bridge for 
passengers and shall continue to the said proprietors their Time of con- 
heirs and assigns for ever — provided however that the Gen- '^^°"''°"- 
eral Court shall have a right to regulate the toll after a 
term of fifty years. 

And he it further Enacted by the authority aforesaid 
that the said Bridge shall be thirty feet w^ide, that there Dimensions of 
shall be one arch at least one hundred and forty feet long ^ ^ " ^^' 
over a good depth of water, the Crown of which arch shall 
be thirty feet above common high water ; that there shall 
be a convenient draw or passage way for vessels at least 
thirty feet wide, which shall be opened without toll or pay 
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 passen- 
oers four feet hio;h at least and that said Bridge shall at 
all times be kept in good, safe, and passable repair and 
shall be furnished with at least four good Lamps which 
shall be well supplied w^ith oil and kept burning through 
the night, one of which shall be on each side of the middle 
of the great arch, and one at each end of said Bridge. 

And whereas the erection of said Bridge may diminish Preamble. 
the emoluments of the proprietors of Essex Merrimack 
bridge built at Deer Island, which loas a ivork of hazard 
and public utility : 

Be it Enacted that the proprietors of Essex Merrimack Time of the 
bridge shall continue to be a Corporation & body politic th°ePropri^to°rs 
for and during the term of seventy years, to be computed mafbTive^''"'' 
from the day said Bridge was compleated and opened for ^n^ed^^' 
passengers subject to all the conditions regulations & pro- 
visos contained in an Act intitled " An Act for incorpo- 
rating certain persons for the purpose of building a bridge 
over Merrimack River in the County of Essex & for sup- 
porting the same." And during said term of seventy 
years said proprietors of Essex Merrimack Bridge shall and 
may continue to collect and receive all the toll granted by 
said act for their use and benefit ; and at the expiration 
of said seventy years said Essex Merrimack bridge, shall 
revert to and be the property of the Commonwealth, and 
shall be surrendered in good repair. 



12 



Acts, 1794. — Chapter 4. 



Act null, in 
case. 



And be it further Enacted by the authority aforesaid 
that if the said proprietors shall neglect for the space of 
six years from the passing this Act to build said Bridge, 
then this Act shall be void. Approved June 14, 1794. 



Persons incor- 
porated. 



Society em- 
powered. 



Power of rais- 
ing monies. 



1794 — Chapter 4. 

[May Session, ch. 4] 

AN ACT FOR INCORPORATING CERTAIN PERSONS BY THE NAME 

OF THE BOSTON LIBRARY SOCIETY. 

Be it enacted by the Senate and House of Representatives 
in General Court assembled and by the authority of the 
same, that Samuel Parker, Joseph Eckley, John Eliot, 
George Richards Minot, Samuel Hall, Charles Bulfinch, 
William Spooner, Charles Vaughan & William Scollay, 
and their associates, proprietors of the said Library, and 
all such as may hereafter subscribe to the same bo, and 
they hereby are incorporated into a Body politic by the 
nan^e of the Boston Library Society ; and that they have 
perpetual succession by the said name, & have power to 
make all bye laws and regulations for the encreasing and 
maintaining of the said Library & regulating the manner 
of using the same, with penalties of disfranchisement, or 
fines not exceeding sixty shillings for each oftence or with- 
out such penalties as to the said Society may seem best ; 
provided such bye laws and regulations be not repugnant 
to the laws of this Commonwealth. 

And be it further enacted by the authority aforesaid, 
that the said Boston Library Society be, and they here- 
hy are authorized and empowered, to make and use a 
Common Seal, and are hereby made liable to be sued, and 
empowered to sue and defend in their said corporate ca- 
pacity, by the name aforesaid, in any of the Courts of law 
of this Commonwealth ; and to make purchases and receive 
subscriptions, grants & donations of real and personal es- 
tate, not exceeding the sum of fifteen thousand pounds, 
for the purpose of their association as aforesaid, and to 
dispose of their property as to the said Corporation shall 
seem fit. 

And be it farther enacted by the authority aforesaid, 
that it shall be lawful for the said Society at any meeting 
in the month of March at which a majority of the sub- 
scribers in number shall be present, to vote grant or order 
the raising of such suitable sum or sums of money as may 
be necessary for defreying the annual exyjence of preserv-. 
ing the said library, and managing the same for the use of 



Acts, 1794. — Chapter 5. 13 

the proprietors but for no other purpose ; provided not less Proviso. 
than one month's notice be given in two or more of the 
Newspapers printed in Boston, of such meeting, and the 
business, so far as relates to any proposed assessment 
there to be transacted. 

And Be it farther enacted by the authority aforesaid^ 
that the said Society be, and hereby are authorised to Times of 
assemble on the second Monday of July next, and after- '"^^''°^" 
wards on the first Monday of March in every year, to 
choose Trustees, a Treasurer, Librarian, and such other 
officers as to them may appear necessary who shall con- 
tinue untill others are chosen in their room, & that the 
said society may assemble as often as they may agree 
upon, for filling up any vacancies that may happen in such 
offices, & for transacting all other business excepting as- 
sessing & raising monies as aforementioned : And George George Rich- 
Richards Minot Esqr. is hereby authorized and impowered Esq. authorized 
to call a meeting of the said Society at such place in jo^caii a meet- 
Boston, as to him may appear proper, on the second 
Monday of July next as allowed by this act. 

Approved June 17 ^ 1794. 

1794 — Chapter 5. 

[May Session, ch. 5.] 

AN ACT IN ADDITION TO AN ACT INTITLED AN ACT FOR THE 

DESTRIBUTION OF INSOLVENT ESTATES. 

Be it enacted by the Senate, and House of Itepresenta- 
tives in General Court assembled, and by the authority of 
the sa7ne, that whenever any Executor of the last wdll, or Creditors may 
Administrator upon the estate of any person deceased, or pr^scetu'te ac- 
that may hereafter decease, already appointed, or that neglect of ex°/ 
may hereafter be appointed, shall neglect to exhibit and ecutors, &c. 
settle his Account of Administration with the judge of 
probate, where the Estate has been represented insolvent, 
and commissioners have reported to the judge a list of 
claims within six months after such report shall be made to 
the judge, or within such further time as the judge of pro- 
bate shall think proper to allow therefor, under his hand 
and seal, so that by such refusal or neglect, the judge cannot 
proportion the estate among the Creditors, any Creditor 
to such estate may commence and prosecute any action, or 
prosecute any action then already commenced, and de- 
pending for his demand against such Executor or Admin- 
istrator, and the Court before whom such action may be 
depending shall and may proceed to hear, and determine 



u 



Acts, 1794. — Chapter 6. 



the same, and to give judgment therein and award Exe- 
cution thereon in the same manner as if such Estate had 
not been represented insolvent, any thing to the contrary 
in the act to which this is an addition, or any other law, 
notwithstanding. And upon the return of such Execution 
duly made, that the Executor or Administrator refused 
or neglected upon due request, to satisfy the same, such 
refusal or neglect shall be deemed wast, and upon sczVe 
facias brought, judgment shall, and may be given in favour 
of such creditor to recover his debt with costs against the 
proper goods or estate of such Executor, or administrator, 
and for want thereof, against his Body, — And if in con- 
sequence of such refusal or neglect the real estate of the 
deceased shall be exposed to be, and shall in fact be levied 
upon, and taken to satisfy such execution, it shall in like 
manner be deemed wast in the Executor, or Administrator 
upon such Estate. Approved June 20, 1794. 



Boundaries. 



Name of town 
incorporated. 



1794 — Chapter 6. 

[May Session, ch. 6.] 
AN ACT TO INCORPORATE THE PLANTATION OF UNITY, SO 
CALLED, IN THE COUNTY OF LINCOLN, INTO A TOWN BY THE 
NAME OF NEW SHARON. 

£e it Enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same; that the Plantation called Unity in the County 
of Lincoln, bounded as followeth, to wit ; Beginning at 
Sandy River, at the south-easterly corner of Farmington, 
thence running North in the line of said Town, six miles, 
two hundred and fift}^ rods to a pond ; thence Southerly 
and Easterly by said Pond, to the Plymouth line so called ; 
thence South, forty-live degrees east in said Plymouth 
line, Seven miles, three hundred and ten rods ; thence 
South eight degrees East three miles and fifty rods to a 
Tree marked ; thence South, forty three degrees West, 
two miles and forty-five rods to a hemlock tree, marked 
J. P. thence North sixty-seven and a half degrees west, 
three miles two hundred and eight rods to McGirdy's 
Pond; thence northerly, by said McGirdy's pond and 
stream two miles and one hundred rods to Sandy River 
aforesaid ; and thence westerly by Sandy River, to the 
bound first mentioned, together with the Inhabitants 
thereon, be, and they hereby are incorporated into a Town 
by the name of New Sharon ; and the said Town is hereby 
vested with all the powers, privileges and immunities 



Acts, 1794. — Chapters 7, 8. 15 

which other Towns within this Commonwealth do or may 
by law enjoy. 

And be it farther Enacted that Nathaniel Dummer Esqr. n. Dummer, 
be, & he hereby is empowered to issue his warrant directed warrant?*"^ 
to some suitable Inhabitant of said Town, requiring him 
to warn a meeting of the Inhabitants of said Town, at 
such time and place as shall be expressed in such Warrant, 
for the purpose of cho[o]sing snch Town Officers, as other 
towns are empowered to choose in the month of March or 
April, annually. Approved Jane 20, 1794. 

1794 — Chapter 7. 

[May Session, ch. 7.] 
AN ACT TO SET OFF ELIPHALET LEONARD ESQUIRE, AND OTHERS 
FROM THE SECOND TO THE FIRST PARISH IN WEST SPRING- 
FEILD. 

Be it enacted hij the Senate, and House of Ttpjiresenta- 
tives in General Court assembled, and by the authority of 
the same, that Eliphalet Leonard Esquire, Timothy Hor- Persons Bet ofe 
ton, Samuel Leonard, Enoch Cooper, Enoch Cooper junr., 
David Mason, Moses Leonard, Martin Wilson, and widow 
Mary Leonard all of the second Parish in West Spring- 
feild in the County of Hampshire be, and they hereby are 
set off from the second Parish aforesaid, together with all 
their Estates both real, and personal, and annexed to the 
first Parish in West Springfeild to do duty, and receive 
priviledges in the first Parish aforesaid. 

Approved June 20, 1794. 

1794 — Chapter 8. 

[May Session, cla. S.] 
AN ACT FOR INCORPORATING A NUMBER OF THE INHABITANTS 
OF THE TOWNS OF BRUNSWICK, AND HARPSWELL, IN THE 
COUNTY OF CUMBERLAND, AND BATH IN THE COUNTY OF 
LINCOLN, INTO A DISTINCT AND SEPERATE RELIGIOUS 
SOCIETY. 

Be it enacted by the Senate, and House of Representatives 
in general Court assembled, and by the Authority of the 
same, that Judah Chace, William Mariner, Aaron Snow, Persons incor- 
Samuel Mariner, John Getchell, John Mariner, Charles ^°"''^^' 
Cowen, Peter Jordan, Eobert Jordan, Anthony Woodside, 
David Ferin, John Ferin, Robert Duning, David Clerk, 
Benjamen Getchell, Stephen Getchell, John Williams, 
George Williams, Philip Higgins, Reuben Higgins, Syl- 
vanus Combs, Philip Higgins jun., Samuel Williams, 



16 



Acts, 1794. 



Chapter 8. 



Method of be- 
coming mem- 
bers. 



Proviso. 



Method of 
leaving the 
Society. 



"William Thomson, Joseph O'Donehue, Joseph Morse, 
Richard Orr, William Stanwood, Samuel Dunlap, Daniel 
Brown, Philip Owens, Samuel Huey, Joseph Ross, John 
Mariner jun , Josiah Simpson, Michael Grows, Nathan 
Combs, George Winslow, Joseph St. Combs, William 
Dunning, Samuel Woodward, Peter Woodward, William 
Gatchell jun., Ezekiel Spaulding, Ezekiel Spaulding 
jun., Samuel Spaulding, John S. Gatchell, John Ridout, 
Samuel Gatchell, John Mathews, David Linscot, William 
Woodside jun., George Combs, and George Combs jun. 
members of the said religious Society, together with their 
polls, and estates, be, and they hereby are incorporated 
by the name of the Baptist Religious Society in Bruns- 
wick, Harpswell, and Bath with all the privileges, powers, 
and immunities which other Parishes in this Common- 
wealth are by Law entitled to. 

And be it further Enacted by the Authority aforesaid^ 
that any and every person in the Towns of Brunswick, 
Harpswell, and Bath aforesaid, who may at any time here- 
after actually become a Member of, and unite in religious 
worship with said Society, 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, 
and united in religious worship with said Baptist religious 
Society, fourteen days previous to the Parish meeting 
therein to be holden in the Month of March, or April an- 
nually, shall, from and after giveing such certificate, with 
his or her polls, and estates, be considered as a Member 
of said Society. — Provided however, that all those who 
heretofore belonged to the Congregational Society in said 
Brunswick at the time of settling the present minister, or 
who took any part in voting for, or against the settlement 
or salary of the said Minister, shall be holden to pay all 
their proportion of settlement, or sallary up to the present 
time. 

And be it further Enacted by the Authority aforesaid, 
that when any member of said Society shall see cause to 
leave the same, and unite in religious worship with any 
other religious Society in the Town or Parish in which he 
or she may live, and shall give in his or her name to the 
Clerk of the said Baptist Religious Society, with a Certifi- 
cate signed by the Minister, or Clerk of the Parish, or 
other incorporate religious Society, with which he may 
unite, that he hath actually become a Member of, and 



Acts, 1794. — Chapter 9. 17 

united in religious worship with such other Parish, or 
other incorporate religious Society, fourteen days pre- 
vious 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 Certificate with his or her polls 
and estates, be considered as a Member of the Society to 
which he or she hath so united. 

Aiid be it further Enacted by the Authority aforesaid, 
that Francis Winter Esq. be, and he is hereby authorized Francis winter, 
to issue his warrant, directed to some principal member warrant!**"^ 
of the said Society, requiring him to warn the Members 
of the said Society, qualified to vote in Parish affairs to 
assemble at some suitable time and place in any, or either 
of said Towns of Brunswick, Harpswell or Bath, to chuse 
such Parish Ofiicers as are by Law required to be chosen 
in the Month of March or April annually ; and to transact 
all matters, and things necessary to be done in said 
Society. Approved June 20, 1794. 

1794: — Chapter 9.* 

[May Session.] 
AN ACT FOR APPORTIONING AND ASSESSING THE SUM OF FORTY 
THOUSAND AND FORTY SEVEN POUNDS FIFTEEN SHILLINGS 
TO ANSWER THE EXIGENCIES OF GOVERNMENT; AND ALSO 
FIVE THOUSAND AND TWENTY POUNDS SIX SHILLINGS, TO 
REPLACE THE SAME SUM DRAWN OUT OF THE TREASURY 
OF THIS COMMONWEALTH TO PAY THE MEMBERS OF THE 
HOUSE OF REPRESENTATIVES FOR THEIR ATTENDENCE THE 
THREE LAST SESSIONS OF THE GENERAL COURT, FROM THE 
TWENTY NINTH DAY OF MAY, ONE THOUSAND SEVEN HUN- 
DRED AND NINETY THREE, TO THE TWENTY SEVENTH DAY 
OF FEBRUARY, ONE THOUSAND SEVEN HUNDRED AND 
NINETY FOUR, INCLUSIVE. 

Whereas it is necessary, to answer the exigencies of Gov- 
ernment, that the Treasury of this Commomvealth should 
be supplied with the sum of Forty thousand and forty seven 
pounds fifteen shillings 

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, Planta- 
tion and other place, herein after named within this 
Commonwealth shall be assessed, and pay the several 
sums with which they stand respectively charged in the 
following Schedule. Viz. 

* Not printed in session pamplilet. 



18 



Acts, 1794. — Chapter 9. 





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25 



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26 



Acts, 1794. — Chapter 9. 



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27 



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28 



Acts, 1794. — Chapter 9. 





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42 ~. 



Acts, 1794. — Chapter 9. 



29 



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30 



Acts, 1794. — Chapter 9. 





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31 



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36 Acts, 1794. — Chapter 9. 

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 Plan- 
tation or other place within this Commonwealth, that are 
taxed as aforesaid, requiring such Selectmen or Assessors 
respectively, to assess the sum hereby set upon such Town 
or other place in manner following, that is to say : To 
assess all the male polls above the Age of Sixteen Years, 
within their respective Towns, or other places next adjoin- 
ing them, belonging to no other Town or place ; provided 
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 One shilling and Eight 
pence each ; and the Remainder of such sums so set to each 
Town or other place respectively, as aforesaid, after de- 
ducting the sums assessed on the Polls as aforesaid, on the 
Inhabitants of such Town or other place as aforesaid, ac- 
cording to the just Value of the real Estate of each Inhabi- 
tant 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 non Residents, possessors of real 
Estate lying within the said Town or Place, in their own 
Right, or Right of others, improved or unimproved, saving 
all Agreements between Landlords & Tenants, and where 
no Agreement is, the Landlord to reimburse one half the 
Tax — and also on the Inhabitants of such Town or Place, 
and other Persons possessing Estates within the same, 
according to the proportion of the Amount of the Just 
Value of their Personal Estate, including Monies at 
Interest more than they pay interest for, altho' 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 in- 
debted for. Monies of all kind on hand, public Securities 
of all kinds, and bank Stock held in any Bank according 
to their just Value ; and also the just Amount of the Value 
of all Goods, Wares & Merchandize, Stock in trade, 
Vessells of all sorts at home or abroad, with all their 
Stores and Appurtenances ; Mules, Horses and neat Cattle 
each of one Year old & upwards and Swine of Six months 
old and upwards, and all other property of the several 
kinds returned in the late Valuation (excepting Sheep, 



Acts, 1794. — Chapter 9. 37 

household furniture, wearing Apparel, farming Utensils, 
and Tools of Mechanics) on the said first day of May ; and 
the Assessors of the respective Towns, or other places, as 
aforesaid, shall estimate all the before enumerated Articles 
at six pr. Centum upon the real Value of the same in the 
phices where they are (excepting unimproved Lands which 
shall be estimated at two per Centum) 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, setting forth in distinct Columns, 
against each Person's name, how much he or she is assessed 
at for Polls, how much lor real Estate, and how much 
for Personal Estate and Income as aforesaid ; and if as 
Guardian or for any Estate in his or her improvement, in 
trust, to be distinctly expressed ; and also insert on their 
Rate Bills, the number of Acres of unimproved Land 
Avhich they have taxed to each of the non-resident Propri- 
etors of lands within their respective Towns or other 
Places ; and also the real Value at which they have esti- 
mated the same ; and the List or Lists so completed and 
signed by them in maner, as aforesaid, or by the Major 
part of them, to commit to the Collector or Collectors, 
Constable or Constables of such Town or place respec- 
tively, with a Warrant or Warrants in due form of Law, 
for collecting and paying the same to the Treasurer of 
this Commonwealth, on or before the first day of April 
next ; and to return a Certificate of the Name or Names of 
such Collector or Collectors, Constable or Constables with 
the sum total committed to them to collect, to the said 
Treasurer, some time before the first day of December 
next. And whereas there are many Persons within this 
Commonwealth, who are engaged in Trade, and who 
almost entirely negociate their Business, and hire Shops, 
Stores or Wharves in other Towns than where they dwell 
or reside ; and whose Property and Ability in this Regard, 
cannot be so well known, to the Assessors of the several 
Towns wherein such persons dwell or reside, as to the 
Assessors of the several Towns wherein their Business is 
transacted, as aforesaid : 

Be it therefore Enacted that all such Persons within the 



38 Acts, 1794. — Chapter 9. 

description aforesaid, shall he assessed and pay Taxes for 
such of their Goods Wares and Merchandize, Stock in 
Trade, Ships and Vessels as are sold, used and 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 Assessors respectively^; — Provided aUvays that this 
Clause be not in any case, so construed as to enable any 
Town to tax any Inhabitant of any other Town, for any 
Estate for which such Town hath been charged in the last 
Valuation — 

Provided nevertheless, and he it further Enacted, T\\2ii 
the following Persons, viz. The President, Professors, 
Tutors, Librarian, and Students of Harvard & Williams' 
Colleges, who have their usual Residence there, and who 
enjoy no other pecuniary oflSce or employment ; also 
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 Manao^e- 
ment or Liiprovement, or not in the Parishes in which 
they are settled ; and also all persons who have the Manage- 
ment or Improvement of the Estate of Harvard College, 
are not to be assessed for the same, nor Indians for their 
Polls or Estates ; and if there be any others who by reason 
of Age, Infirmity or Poverty, are so far unable to pay as 
others, towards the public Charges, as that in the Judge- 
ment 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 and Equitable. 

And be 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 in the several Towns, or other places 
in their respective Counties as aforesaid, in the propor- 
tions of this Tax ; — And the Assessors of each Town, 
Parish, or other Place within this Commonwealth, in 
making County, Town or Parish Taxes, shall govern 
themselves by the same Rule, and assess the Polls in their 



Acts, 1794. — Chapter 10. 39 

respective Towns or Parishes, in the same Proportions as 
the 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 of Property as may happen within the same, sub- 
sequent to their assessing the Tax as aforesaid. — And 
the Assessors of the several Towns, which by this Act are 
charged wdth the Pay of llepresentaiives, shall assess such 
additional sum on the Polls and Estates as aforesaid within 
their res})ective Towns, and shall a})portion the same in 
the proportion at which such polls and Estates shall be 
respectively set, for raising the Sum of Forty Thousand 
& forty-seven pounds, fifteen shillings. 

And be it farther Enacted that the Treasurer of this 
Commonwealth, shall send his Warrant to the Sheriff of 
the County of Lincoln, requiring him to collect the sum 
by this Act assessed on the Lands belonging to the 
Plymouth Company so called ; and shall issue his Warrant 
to the Sheriff of the County of Hancock, requiring him to 
collect the sums which by this Act are directed to be 
assessed on the Lands lying within the Claims of the Heirs 
and Assigns of the Late Brigadier Waldo, of the Lincon- 
shire Company, or Twenty Associates, and of the ten 
original Proprietors so called ; all of which sums are to be 
collected in the same manner as Collectors or Constables 
are authorized and directed to proceed in collecting the 
Taxes laid on non resident proprietors of unimproved 
Lands & to be paid into the Treasury of this Common- 
wealth, on, or before the first day of April next. 

And he it further Enacted, that no Order shall be drawn 
by the Treasurer of this Commonwealth, on any Con- 
stable or Collector of this Tax, for any Part of the same. 

Approved June 21, 1794. 



1794. — Chapter 10. 

[May Seasion, ch. 9.] 

AN ACT FOR NATURALIZING THOMAS NEIL, ROBERT GETTY, AND 
ROBERT HOLT. 

Whei^eas Thomas Neil, Robert Getty, and Robert Holt 
have petitioned the General Court that they may be natu- 
ralized ; and thereby become entitled to all the rights and 
priviledges of free Citizens — 



40 



Acts, 1794. — Chapter 11. 



Oath recorded. 



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 Thomas Neil, Robert Getty, 
and Robert Holt taking and subscribing the oath of Alle- 
giance to this Commonwealth, 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 free citizens of this Commonwealth, and in- 
titled to all the priviledges, and immunities of Citizens. 

^?i[d] be it farther enacted, that the justices before 
whom the said Thomas Neil, Robert Getty, and Robert 
Holt shall take and subscribe the said oaths, shall return 
a Certificate of the same into the Secretary's office, that 
it may be there recorded. Ai^proved Juyie 24, 1794. 



Preamble. 



1794. — Chapter 11. 

[May Session, ch. 10.] 

AN ACT, IN ADDITION TO, AND FOR THE AMENDMENT OF AN 
ACT MADE AND PASSED IN THE YEAR OF OUR LORD, ONE 
THOUSAND, SEVEN HUNDRED AND EIGHTY-ONE; ENTITLED 
"AN ACT FOR INCORPORATING THE PROPRIETORS OF THE 
HOUSE ERECTED FOR THE PUBLIC WORSHIP OF GOD, CALLED 
THE TABERNACLE, IN SALEM; WHERE THE REVEREND NA- 
THANIEL WHITAKER NOW OFFICIATES." 



Whereas it is in and by said Act, among other tilings, 
enacted, " that the said proprietors, or major part of them 
in concurrence with the Church Meeting in said House, 
are hereby authorized to do and transact all matters rel- 
ative to the ordering and directing said propriety, agree- 
able to the Laws and Constitution of this Commonwealth, 
and all transactions shall be legal and valid to all intents 
and purposes ; " which clause requiring the concurrence 
of said church-meeting to the doings and transactions of 
said propriety, is unusual and is attended with many in- 
conveniences and disadvantages to said proprietors, and 
they having petitioned this Court for an alteration thereof: 
Be it therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the 
powlrld?" ^™' Authority of the same, that the said proprietors of said 
House and Land mentioned in said Act, or the major part 
of them at any legal Meeting, be, and hereby are author- 
ized and empowered to do and transact all matters and 
things relative to the ordering and directing of said pro- 
priety , without the concurrence of said Church, in as full 



Acts, 1794. — Chapter 12. 41 

and an ample a manner to all intents and purposes, as in 
and by said Act, or by Law, they may or can do with the 
Concurrence of said Church ; and that all the Votes and 
Orders heretofore made and passed by said Proprietors, 
and all the doings and transactions in consequence of such 
Votes and Orders, are hereby confirmed and made valid 
to all intents and purposes, notwithstanding they may not 
have had the Concurrence of said Church. 

And be it farther enacted by the Authority aforesaid, 
that the Moderator of any legal Meeting of said pro|:)rie- Moderator to 
tors, duly chosen, is hereby authorized to administer all oaths. 
such Oaths, and to swear all such Officers as shall be 
chosen by said Proprietors at such meeting, for which he 
shall be chosen Moderator, and of whom an Oath by Law 
is required, in such manner as Justices of the Peace are 
by Law authorized to administer Oaths ; which swearing 
shall be as valid in law as thouo;h the same were adminis- 
tred by some Justice of the Peace in the same County. 

And be it further enacted by the Authority aforesaid, 
that all the Rights Priviledges, Powers and Immunities, Confirmation. 
which are in and l:>y said Act, granted to said proprietors, 
shall be and are hereby confirmed unto them and their 
Successors forever ; excepting only such part thereof as 
this Act expressly directs and orders to be otherwise, rel- 
ative to the Concurrence of said Church. 

ApX>roved June 24, 1794. 

1794. — Chapter 13. 

[May Session, ch. 16.] 

AN ACT TO ESTABLISH A COLLEGE IN THE TOWN OF BRUNS- 
WICK IN THE DISTRICT OF MAINE WITHIN THIS COMMON- 
WEALTH. 

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 erected and established in the coiiegeestab- 
Town of Brunswick in the District of Maine, a College ''*^'"'' 
for the purpose of educating Youth, to be called and 
known by the name of Bowdoin College, to be under the 
Government and regulation of two certain bodies, politic 
and corporate, as hereafter in this Act is provided. 

And be it farther enacted by the Authority aforesaid, 
that the Revd. Thomas Brown, Revd. Samuel Dean D.D. Persons incor. 
John Frothingham Esqr. Revd. Daniel Little Revd. \ela!'^ "^^ '"*' 



42 



Acts, 1794. — Chapter 12. 



President and 
Trustees, — 
their powers. 



Thomas Lancaster, Honble. Josiah Thacher and David 
Mitchel Esqrs. Rev'd Tristram Gilman, Revd, Alden 
Bradford, Thomas Rice Esqr. and Mr. William Martin, 
together with the President and Treasurer of the said 
College for the time being, to be chosen as in this Act 
is hereafter directed, be and hereby are created a body 
politic and corporate by the name of the President and 
Trustees of Bowdoin College, and that they and their 
successors, and such others as shall be duly elected 
members of the said Corporation, shall be and remain a 
body politic and 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 and Trustees shall have 
full power and authority from time to time, to elect a 
Vice-President and Secretary of the said Corporation 
and to declare the tenures and duties of their respective 
Offices, and also to remove any Trustee from the same 
Corporation, when in their Judgement he shall be ren- 
dered incapable by age, or otherwise, of discharging the 
duties of his Office, or shall neglect or refuse to perform 
the same ; and to fill up all vacancies in the said Corpora- 
tion, by electing such persons for Trustees, as they shall 
judge best : Provided nevertheless, that the Numl)er of 
the said Trustees, including the President and Treasurer 
of the said Colleo:e, for the time beino- shall never be 
greater than Thirteen, nor less than seven. 
Corporation And be it further enacted that the said Corporation mav 

may have a Seal , *^ oii-iji iii" 

and sue and be havc ouc comuiou bcal, wliicD they may change break or 
renew at their pleasure ; and that all deeds signed and 
delivered by the Treasurer and sealed with their seal, by 
order of the President and Trustees, shall when made in 
their corporate name, be considered in Law as the deeds 
of the said corporation ; and that the said Corporation 
may sue and l)e sued in all actions real, personal or mixed ; 
and may prosecute and defend the same to final Judgement 
and Execution by the name of the President and I'rustees 
of Bowdoin College ; and that the said Corporation shall 
be capal)le of having, holding and taking in fee simple 
or any less estate, by Gift, Grant, Devise or otherwise, 
any lands, tenements, or other Estate real or personal ; 
Provided nevertheless that the annual clear income of 
the same, shall not exceed the sum of Ten thousand 
pounds. 



Proviso. 



sued, etc. 



Proviso. 



Acts, 1794. — Chapter 12. 43 

And be it further enacted by the Authority aforesaid, that Authorized to 

•1/-^ • 1111 n l^ 1 !• appoint meet- 

the said Corporation shall have full power and authority ings, officers, 
to determine at what times and })laces their meetings shall 
be holden, and on the manner of notifying the Trustees to 
convene at such meetings, and also from time to time to 
Elect a President and Treasurer of the said College, and 
such Professors, Tutors, Instructors and other officers of 
the said College, as they shall judge most for the interest 
thereof, and to determine the duties, salaries, emoluments 
and tenures, of their several Offices aforesaid : (the said 
President for the time being, when elected and inducted 
into his office, to be, ex Officio, President of the said 
Corporation) and also to purchase or erect and keep in 
repair such houses & other buildings as they shall judge 
necessary for the said College ; and also to make and 
ordain as occasion may require, reasonable rules, orders 
& bye Laws, not repugnant to the laws of this Com- 
monwealth, with reasonable penalties for the good Gov- 
ernment of the said College ; and also to determine & 
prescribe the mode of ascertaining the qualifications of 
the Students requisite to their admission ; and also to con- 
fer such degrees as are usually conferred by Universities 
established for the education of Youth ; and a majority of 
the members of said Corporation, present at any legal 
meeting, shall decide all questions which may properly 
come before the said Trustees ; Provided nevertheless, that Proviso, 
no cor[)orate Business shall be transacted at any meeting, 
unless seven at least of the Trustees are present : And 
provided further, that the said Corporation shall confer no 
degrees other than those of Bachelor of Arts and Master 
of Arts, until after the first day of January, which will be 
in the Year of our LORD, one Thousand, eight hundred 
and ten. 

And be it further enacted by the Authority aforesaid, 
that the clear rents, issues and profits of all the estate real Appropriations. 
and personal of which the said Corporation shall be seized 
or possessed, shall be appropriated to the endowment of 
the said College in such manner as shall most effectually 
promote Virtue and Piety and the knowledge of such of 
the languages and of the useful and liberal Arts and 
Sciences as shall hereafter be directed from time to time 
by the said Corporation. 

A7id more effectually to jyrovide for the wise and regular 
Government of the said College, and for the prudent ad- 



44 



Acts, 1794. — Chapter 12. 



No transaction 
of the Corpo- 
ration to have 
any effect, un- 
less agreed to 
by the Over- 
seere. 



.Tosiah Thacher, 
Esq. authorized. 



Overseers in- 
corporated. 



ministration of the funds belonging to it, by establishing a 
supervising body with proper powers ; 

Be it further enacted by the Authority aforesaid, that no 
election made by the said Corporation, either of Trustees 
to fill up Vacancies, or of President or Treasurer of the 
said College, or of any other Officer of the said College, 
nor any Vote or Order of the said Corporation to remove 
any Trustee, or any Officer of the said College, or to pur- 
chase or erect any house or other building for the said 
College, or to determine what Officers shall be established 
for the said College, or the duties, salaries, emoluments 
or tenures of such Offices, or for the Appropriation of any 
of their funds or monies, or for the acceptance of any 
Estate, when the donation thereof was made upon condi- 
tion, or for determining the qualifications for the Students 
requisite to their Admission, or for the conferring of any 
Degrees, or for the making, altering, amending or repeal- 
ing any rules, orders or bye Laws for the Goverment of 
the said College, shall have any force, eftect or validity, 
until the same shall have been agreed to by the Overseers 
of said Bowdoin College, hereafter in this Act created. 

And be it further enacted by the Authority aforesaid, 
that the Honble. Josiah Thacher Esqr. be, and he is 
hereby authorized and empowered to fix the time and 
place for holding the first meeting of the said Trustees, 
and to notify each of said Trustees thereof in writing. 

And for the establishing of the supervising body with 
proper powers above mentioned; 

Be it further enacted by the Authority aforesaid that 
Edward Cutts, Thomas Cutts, Symon Frye, David Sewall, 
and Nathl. Wells Esqrs. Revd. Moses Hemmenway D.D., 
Revd. Silas Moody, Revd. John Thompson, Revd. Nathl. 
Webster, Revd. Paul Coffin, Revd. Benjamin Chadwick, 
Revd. Sam'l Eaton, Revd. Samuel Foxcroft, Revd. Caleb 
Jewett, Rev'd Alfred Johnson, Revd. Elijah Kellogg, 
Revd. Ebenezer Williams, Revd. Charles Turner, Daniel 
Davis, Samuel Freeman, Joshua Fabyan, William Gorham, 
Stephen Longfellow, Joseph Noyes, Isaac Parsons, Robert 
Southgate, John Wait, Peleg Wadsworth, and William 
Wedgery Esqrs. Revd. Ezekiel Emerson, Jonathan Ellis, 
Jonathan Bowman, Edmund Bridge, Daniel Cony, Henry 
Dearborn, Dummer Sewall, Samuel Thompson, John 
Dunlap, Francis Winter, Nathaniel Thwing, Alexander 
Campbell and Paul Dudley Sargeant Esqrs., together with 



Acts, 1794. — Chapter 12. 45 

the President of the College, and the Secretary of the 
Corporation first created in this Act, for the time being, 
be, and they are hereby created a body politic and cor- 
porate by the name of the Overseers of Bowdoin College, 
and that they, their Successors and such others as shall be 
duly elected into the said Co[?*]poration of Overseers shall 
be and remain a body politic and corporate by that name 
forever. 

And be it further enacted by the Authority aforesaid, 
that the members of the said Corporation of Overseers May have a 
may have one common Seal, which they may change break f^i and defend. 
and renew at their pleasure, and that they may sue or 
be sued, prosecute and defend unto final Judgement and 
Execution, l)y the name of the Overseers of Bowdoin 
College. 

And be it further enacted by the Authority aforesaid, 
that for the orderly conducting the business of the said emp'^owe'red for 
last mentioned Corporation, the Members thereof shall ^^e orderly con- 
have full power from time to time, as they shall deter- business. 
mine to elect a President Vice President, & Secretary, and 
to fix the tenures and duties of their respective Offices 
and also to determine at what times and places their meet- 
ings shall be holden and upon the manner of notifying the 
Overseers to convene at such meetings ; and also to re- 
move any Overseer from the said Corporation, when in 
their judgement he shall be rendered incapable by Age or 
otherwise, or shall neglect or refuse to discharge the duties 
of his Office ; and also to fill up all vacancies in the said 
Corporation of Overseers, by electing such persons for 
Overseers, as they shall judge best qualified therefor; and 
a majority of the members present at any legal meeting 
shall decide all questions which may properly come before 
the said Overseers : — Provided tievertheless that the num- Proviso. 
ber of the said Overseers including the President of the 
College, and the Secretary of the Corporation last above 
created, shall never be greater than forty-five, nor less 
than twenty-five. 

And be it fiirtJier enacted by the Authority aforesaid, 
that the Overseers of said Bowdoin Colleg:e, shall have overseers shaii 
power to agree or disagree to any Election vote, order or agreVo°rTo't, " 
act of the President and Trustees of said College, where [rfnsacUonro^f 
the agreement of the said Overseers is made necessary by |^« f,e® g'''®"' '^ 
this Act to give force, effect and validity to such election, 
vote, order or act ; and they are hereby directed to notify 



46 



Acts, 1794. — Chapter 12. 



Proviso. 



Treasurer to 
give bonds. 



Offices of Trus- 
tee and Over- 
seer cannot be 
held together 
except — 



David Sewall, 
Esq. authorized 
to call first 
meeting. 



the said President & Trustees of such agreement or dis- 
agreement in convenient time thereafter ; and the said 
Overseers are also empowered to call upon any Treasurer 
of the said College, his Executors and Administrators, to 
render to them a just and true Account of all the doings of 
such Treasurer in his said office, as often as the said Over- 
seers shall direct. Provided nevertheless that no corporate 
Business shall be transacted at any meeting of the Over- 
seers aforesaid, unless fifteen of them at the least are 
present. 

And he it further enacted by the Authority aforesaid, 
that the Treasurer of the said College shall before he enter 
upon the execution of the Duties of his Office, give bond 
to the said Overseers in such penalty and with such sureties 
as they shall approve of, conditioned for the faithful dis- 
charge of the duties of the said Office, and for renderino- a 
just and true account of his doings therein when required, 
and that all the monies, securities, and other property of 
the President and Trustees of Howdoin College, together 
with all the books in which his accounts and proceedings 
as Treasurer were entered & kept, that appertain to his 
Office of Treasurer as aforesaid shall upon demand made 
upon him his Executors or Administrators be paid & de- 
livered over to his Successor in that Office ; and all monies 
to be recovered by virtue of any suit at law upon such 
bond, shall be ])aid over to the President and Trustees 
aforesaid, and subjected to the Appropriations above 
directed in this Act. 

And he it further enacted hy tJte Authority aforesaid, 
that no Trustee of the said College, excepting the Presi- 
dent and Secretary first alcove, mentioned shall be an 
Overseer of the said College ; and if any Trustee (except- 
ing as aforesaid) shall be chosen an Overseer, he shall 
cease to be a Trustee immediately upon his accepting the 
place of an Overseer ; and if any Overseer of the said 
College (excepting as aforesaid) shall hereafter be elected 
a Trustee, he shall cease to be an Overseer upon his 
accepting the place of a Trustee. 

And he it further Enacted by the authority aforesaid 
that the honorable David Sewall Esqr. be, and he hereby 
is authorized and empowered to fix the time and place of 
the first meeting of the Overseers of said Bowdoin College, 
& to notify the said Overseers thereof by publishing the 
same three weeks successively in each of the Portland 



AoTS, 1794. — Chapter 13. 47 

Newspapers ; the last publication to be made three weeks 
at the least 'before the time fixed for the said meeting. 

And be it further Enacted hy the authority aforesaid 
that the Legislature of this Conunonwealth may grant any Legislature may 
further powers to, or alter, limit, annul or restrain any of powers onhT" 
the powers by this Act vested in the said Corporation as ^'orporaiion. 
shall be judged necessary to promote the best interests 
of the said College. 

And be it further Enacted by the authority aforesaid, 
that there be, and hereby is granted five townships of land J;7,fe^|ru°tle8 
of the contents of six miles square each, to be laid out and to be at then- 
assigned from any of the unappropriated lands ])elonging '*^ 
to this Commonwealth in the District of Maine the same 
to be vested in the trustees of Bowdoin College and their 
successors forever, for the use, benefit and purpose of 
supporting the said College to be by them holden in their 
corporate capacity with full power & authority to settle 
divide and manage the same townships or any part 
thereof, or to sell, convey, and dispose of the same in such 
way and manner as shall best promote the welfare of said 
College, the same to be laid out under the direction of the 
Committee for the sale of eastern lands, and a plan or 
plans thereof returned into the Secretary's oflSce — iwo- Proviso. 
vided the trustees aforesaid or their assigns shall cause to 
be settled fifteen families in each of said townships within 
twelve years from the passing this act. And provided 
also there shall be reserved in each township three lots of 
three hundred and twenty acres each for the following 
uses viz. one lot for the first settled minister, one lot for 
the use of the ministry, and one lot for the use of schools 
in each of said townships. Approved June 24, 1794. 

1794. — Chapter 13. 

[May Session, ch. 11.] 

AN ACT TO INCORPORATE THE EPISCOPAL CHURCH IN CAM- 
BRIDGE, so CALLED, FOR CERTAIN PURPOSES. 

Be it Enacted by the Senate <& House of Representatives 
in General Court Assembled (& by the authority of the 
same, that Jonathan Simpson, & Nathaniel Bethune War- persons incor- 
dens, Joseph Lee, Herman Brimmer, John Apthorp, p"'"'*'^ 
James Hewes, John Pigeon, Vestry men of said Church 
& their Successors in Office, are & shall be deemed so far 
a body corporate, as to sue for & recover taxes which are 



48 



Acts, 1794. — Chapter 14. 



Wardens and 
Vestry empow- 
ered. 



now or may be due upon any Pews in the Episcopal 
Church in Cambridge, & all other debts due to the said 
Church of whatever kind, & also to sue & defend in all 
other actions in which said Church may be concerned. 

And be it enacted that the Wardens & Vestry of said 
Church & their Successors in office be & they are hereby 
impowered to make sale & dispose of any Pews, Lands, 
Tenements & Hereditaments belonging to said Church to 
such persons as shall purchase the same in fee simple for- 
ever ; & to make & execute good & sufficient deeds in law 
of the same, & to lease or other ways dispose of the same 
in behalf of said Church as to them shall seem necessary, 
agreeable & in conformity to the votes of the proprietors 
of said Church ; excepting such lands & real estate as are 
& may be given on express condition that the income 
thereof shall be appropriated to the support of the poor. 

Approved June 25, 1 794. 



BoundarieB. 



Town incorpo- 
rated. 



1794. —Chapter 14. 

[May Session, ch. 12.] 

AN ACT SETTING OFF THE WEST PRECINCT OF THE TOWN OF 
POWNALBOROUGH, INTO A SEPERATE TOWN BY THE NAME 
OF DRESDEN. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority 
of the sa77ie, that the said west precinct of the town of 
Pownalborough bounded as follows, viz. beginning on the 
easterly side of Kennebeck river on the line that divides 
the said town of Pownalborough from the town of Wool- 
wich from thence runing upon the said line three miles, 
from thence upon a streight line to the middle of the great 
bridge, on the County road leading from Sheepscut river 
to Kennebeck river, erected over Doctr. Gardner's mill 
brook, so called, from thence, on a north north east course 
to the northern line of said town, including the whole of 
the farm or land there, belonging to the estate of the said 
Doctor Gardner, from thence by the said no[r]thern line to 
Kennebeck River, then down the said River to the first 
mentioned bounds, including Swan Island so called in said 
river, with all the land and estates therein, be and hereby 
is incorporated into a seperate town by the name of 
Dresden, together with the inhabitants thereof, wdio are 
hereby invested with all the powers, priviledges and im- 



Acts, 1794. — Chapter 15. 49 

munities which the inhabitants of other towns within this 
Commonwealth do or may by law enjoy. 

And be it further Enacted that Nathaniel Thwing Nathaniel 
Esqr. be, and he is hereby empowered & directed to to issue war^* 
issue his Warrant to some princi})al inhabitant of said '""°*" 
town, requiring him to warn the inhabitants thereof 
to meet at such time and place as shall be therein set 
forth, to chuse all such officers, as towns are by law 
empowered to chuse in the month of March or April 
annually : Provided nevertheless that the inhabitants of 
the said town of Dresden, shall be holden to pay their 
proportion of all taxes already assessed upon the said 
town of Pownalborough, and of all other demands thereon, 
including all lines which said town of Pownalborough 
may be liable to on account of any presentments against 
said town. Apjjroved June 25, 1794. 

1794. — Chapter 15. 

[May Session, ch. 13.] 

AN ACT SETTING OFF THE NORTH PRECINCT OF THE TOWN 
OF POWNALBOROUGH INTO A SEPERATE TOWN BY THE 
NAME OF NEW-MILFORD. 

Be it Enacted by the /Senate & House of Representa- 
tives in General Court assembled, and by the Authority 
of the same; that the said North Precinct of the Town of Boundaries. 
Pownalborough, bounded as follows ; Vizt. Beginning on 
Sheepscott River on the Southerly line of Lot No. 5, 
granted to Abraham Preeble, by the Proprietors of the 
Kennebeck Purchase, from thence running on the said 
Southerly Line to a Road running between the rear of 
said Lot, and a Lot of four hundred Acres, marked E e. 
No. 5, granted by the said Proprietors to James Bowdoin 
Esq : thence running northwardly on the said Road to the 
Country Road leading from the great Bridge, to Sheep- 
scott river. Thence running West North-west through the 
said Road as far as the said Bowdoin's Lot E e, bounds 
thereon ; thence continuing to run through the said road, 
more Northerly as far as the Northerly line of a Lot of 
Four hundred Acres, marked D d. No. 4, granted by the 
said Proprietors to William Bowdoin Esqr. deceased, and 
from thence to run on the said Northerly line of the 
last mentioned Lot, till it strikes the Easterly line of 
the West Precinct of said Pownalborous^h thence North- 



50 



Acts, 1794. — Chapter 16. 



Thos. Rice, 
Esq. to issue 
warrant. 



erly by said Line, to the north line, of said Town, thence 
Easterly by said Line to Sheepscott river ; thence South- 
erly, down said River, to the Southerly Line of said Lot 
No. 5, the first mentioned Bounds ; with all the Lands & 
Estates within the bounds aforesaid, be, and hereby is 
incorporated into a seperate Town by the Name of New- 
Milford ; together with all the Inhabitants thereof, who are 
hereby invested with all the powers, privileges & Immu- 
nities which the Inhabitants of other Towns within this 
Commonwealth, do or may by Law enjoy. 

And be it further Enacted, that Thomas Rice Esqr. be, 
and he is hereby empowered and directed to issue his 
Warrant to some principal Inhabitant of said Town, re- 
quiring him to warn the Inhabitants thereof, to meet at 
such time and Place as shall be therein set forth, to 
choose all such Officers as Towns are by Law empow- 
ered to choose, in the Month of March or April annu- 
ally. Provided nevertheless, that the Inhabitants of the 
said Town of New-Miltord, shall be holden to pay their 
proportion of all Taxes already assessed upon the said 
Town of Pownalborough, and of all other demands 
thereon ; including all Fines which said Town of Pow- 
nalborough may be liable to, on Account of any Pre- 
sentments against said Town. Approved June. 25, 1794. 



Preamble. 



Persons incor- 
porated. 
— their pow- 
ers. 



1794. — Chapter 16. 

[May Session, ch. 14.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS INTO A SO- 
CIETY BY THE NAME OF THE MASSACHUSETTS CHARITABLE 
FIRE SOCIETY. 

Whereas Moses Gill, George Richards Minot, Oliver 
Smith, James Freeman, James Bowdoin, William Scollay, 
John Lucas, and Arnold Wells junr. in behalf of them- 
selves and others associating with them, have petitioned 
this Court to be incorporated for the purpose of relieving 
such as may suffer by fire, and of stimulating genitis to 
useful discoveries, tending to secure the lives and property 
of their fellow tnen from destruction by that element; 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled <& by the authority of the 
same that the persons above named, and their associates 
be, and hereby are incorporated into, and made a Body 
politic, by the name of the Massachusetts Charitable Fire 
Society, for the purposes aforesaid and shall have per- 
petual succession by the said name, with power to make 



Acts, 1794. — Chapter 17. 51 

bye laws & regulations for the preservation and advance- 
ment of the said Society, not repugnant to the laws of 
this Commonwealth, with penalties, either of disfranchise- 
ment from the said Society, or of a mulct not exceeding 
twenty shillings for each offence, as to the said Corpora- 
tion shall appear best. 

And be it further Enacted by the authority oforei>aid^ 
that the said Body politic are hereby authorized, and em- 
powered to make and use a common seal, and to sue and 
defend, and are made liable to be sued by the name afore- 
said, in any of the Judicial Courts within this Common- 
wealth ; and are hereby licenced and empowered to make 
purchases, and to receive grants, subscriptions and dona- 
tions of real and personal estate, and to hold the same for 
the charitable purposes aforesaid, 'provided the income of 
the said real and personal estate shall not exceed the sum 
of Ten thousand pounds annually, and to alien and convey 
such estate, as to the said Corporation shall appear fit. 

And be it further Enacted by the authority aforesaid^ 
that the said Body politic be, and are hereby authorized 
to meet annually on such day as they shall appoint, and 
then to chuse such officers as to them may appear neces- 
sary, and to meet at such other times for filling up vacan- 
cies occasioned by the death or resignation of officers, or 
otherwise, and for transacting all other business requisite 
for promoting the ends of the said Corporation, as by 
them shall be agreed upon. 

And be it further Enacted by the authority aforesaid, 
that His Honor Moses Gill Esqr. be, and he is hereby Moses ghi, 
authorized and empowered to call the first meeting of the meeting?'' 
said Corporation at such place in the town of Boston, as 
to him may appear proper, on the fourth Tuesday of July 
next. Approved June 25, 1794. 



1794. — Chapter 17. 

[May Session, ch. 15.] 

AN ACT TO ANNEX A GORE OF LAND IN THE COUNTY OF 
WORCESTER, KNOWN BY THE NAME OF MIDDLESEX-GORE, 
LYING BETWEEN THE TOWNS OF DUDLEY & STURBRIDGE IN 
THIS COMMONWEALTH, & THE TOWN OF WOODSTOCK, IN 
THE STATE OF CONNECTICUT, PARTLY TO THE TOWN OF 
DUDLEY, & PARTLY TO THE TOWN OF STURBRIDGE. 

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



52 



Acts, 1794. — Chapter 18. 



STnexed to"*^ ^Ae Same, that all that part of a gore of land lying East 
towns. of a line beginning at the Southwest corner of the town 

of Dudley, & the South east corner of the town of Stur- 
bridge & running the same course with the West line of 
Dudley & the East line of Sturbridge until it conies to 
the line of Woodstock in the State of Connecticut with all 
the inhabitants thereon, be & they hereby are, annexed 
to the town of Dudley in the County of Worcester, & 
all that part of said gore of land which lies West of the 
line first abovementioned with the inhabitants thereon be, 
& they hereby are annexed to the town of Sturbridge in 
said County. Approved June 25, 1794. 



Society in But 
ton incorpo- 
rated. 



1794. — Chapter 18. 

[May Session, ch. 17.] 

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

He it Enacted by the Senate and House of Representa- 
tives, m General Court assembled, and, by the Authority 
of the same; That Timothy Sibly, Lazarus Le Baron, 
Jonathan Woodbury, Ebenezer Waters, March Chace, 
Bartholomew Woodbury, John Woodbury, John Harbach, 
Daniel Torry, Simon Tenny, Anthony Dike, Stephen 
Munroe, Thomas Harbach, Nathaniel Stockwell, Timothy 
Sibly junr. Daniel Tenney, Joseph Hall, Henry Ferington, 
Keuben Putnam, Bartholomew Hutchinson, John Whipple 
Junr. Nathaniel Cariel, James Giles, Malachi Marble, 
Solomon Lelaiid, Andrew Marble, Nathl. Carrol Junr. 
Ezekiel Clark, Charles Putnam, Tarrant Putnam, Israel 
Putnam, Nathan Putnam, Enos Buxton, Enos Buxton junr. 
George K. Eice, John Woodbury Junr. Thomas L. Whit- 
ney, Gibbs Sibley, Darius Russel, David Putnam, Joshua 
Hathaway, James Taylor, Asahel Rice, Nathaniel Sibley, 
Reuben Sibley, Reuben Sibley junr. Stephen Stockwell, 
Stephen Stockwell junr. Enoch Stockwell, Jacob Severy, 
Moody Severy, Jacob Cummins Junr. John Haven, Jona- 
than King, John Lilley, Aaron Cariel Joseph Hicks, 
Joseph Mosley, Samuel Hicks, Benjamin Hicks, Zachariah 
Hicks, Caleb Hicks, Abraham Bachelor, Benjamin Bache- 
lor, Amos Bachelor, Richard H. Dodge, Josiah Dodge, 
Ezra Bachelor, James Adams, Elijah Allen, William 
Slocum, Moses Leland, Stephen Hall, John Dudley, Abel 



Acts, 1794. — Chapter 18. 53 

Ellias, Daniel Day, Moses Day, Aaron Day, Benjamin 
Woodbury, junr. Jose[)h Woodbury junr. Jonathan Dud- 
ley, Samuel Dudley, Joshua Chace, Joseph Nelson, 
Joseph Hall junr. Peter Dudley, Daniel Harbach, Isaac 
Dodge and Timothy Burnal Members of said first Con- 
gregational Society, together with their Estates, be, and 
hereby are incorporated into a Congregational Society 
by the name of the first Congregational Society in the 
Town of Sutton. 

Be it Unacted hy the Authority aforesaid, that the said ^aurmoney & 
Society be, and hereby are authorized and empowered to "*=^- 
raise by a Tax on the pews and seats in the Meeting House, 
in said Society, such sum or sums of money, as the Pro- 
prietors of said Meeting House at a legal meeting called 
for that purpose, shall vote and agree upon for the pur- 
pose of supporting and maintaining a Public Teacher of 
Piety, Religion and Morality, and other incidental 
Charges, and at such meeting to choose all such OflScers 
as are or shall be necessary to manage and transact all 
the Business of the said propriety. 

And he it farther Enacted by the Authority aforesaid, 
that the Proprietors of the said first Parish Meeting-House, Proprietors 
be and are hereby empowered by themselves or their v™iuepewB.'° 
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 towards 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 
the said Proprietors, over and above the said Tax, or As- 
sessment, from the expiration of the 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 expiration of said Twenty days, the said Proprie- 
tors may and are hereby authorized and empowered by 
themselves or their Committee to sell and dispose of the 
Pew or part of a Pew or Seat of such Delinquent, in such 



54: 



Acts, 1794. — Chapter 19. 



Members em- 
powered to hold 
and dispose of 
estates. 



Appropriations 
of monies. 



Solomon Le- 
land, Esq. to 
issue warrant. 



way and manner as shall be agreed on by said Proprietors 
and after deducting from the sale thereof the said Tax, or 
Assessment, with the Interest thereon, accruing as aforesaid 
and the Charges of the Sale ; the Overplus (if any) shall 
be paid to the Person so delinquent. 

And be it further' Enacted by the Authority aforesaid^ 
that the Members of the said Congregational Society, are 
hereby Authorized and empowered, to take into possession 
all the Lands and other Estate and donations that by any 
means doth belong to the said Society, and to dispose of 
the Use or Income of the same in any way, for the use of 
the said Society, as shall by them be judged mo.st con- 
ducive to the interest and benefit of the same. 

And be it enacted by the Authority aforesaid, that the 
members of the said Society be empowered to collect and 
improve the whole of the Ministry money which belongs 
to the first Congregational Society in Sutton, and all 
other Donations that have been, or may hereafter be 
made to said Society, for the support of a Congregational 
Minister in said place ; and that the members of said 
Society be authorized and empowered to receive Mem- 
bers, whenever applications are made therefor ; and that 
the Members and all others, who may hereafter become 
their Associates, being Inhabitants of the Town of Sutton, 
and their several estates, shall not l)e liable to be taxed 
for the support of public Worship in any other society 
in the said Town of Sutton. 

And be it further Enacted by the Aidhority aforesaid, 
that Solomon Leland Esqr. be, and is hereby empowered 
and directed to issue his Warrant to some principal Mem- 
ber of said society, requiring him to warn the Members 
thereof to meet at such time and place as shall be therein 
set forth, to choose all such officers, as are necessary for 
transacting the business of said Society. 

Approved June 25, 1 794. 



1794. — Chapter 19. 

[May Session, ch. 19.] 

AN ACT INCORPORATING A NUMBER OF THE INHABITANTS OF 
THE TOWN OF TOPSHAM IN THE COUNTY OF LINCOLN INTO 
A DISTINCT & SEPERATE RELIGIOUS SOCIETY. 

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



Acts, 1794. — Chapter 19. 55 

sa97ie that John iMerrill esqr. Stephen Doughty, Actor Persons incor- 
Patten, Hugh Wilson, Robert Cleaves junr. James Pur- ^°''^^^ ' 
rinton junr. Ebenr. Farrin William Bragdon John Star- 
board junr. John Hewey, John Dugan, Joseph Jack, 
Elnathan Hinckley Alexander Thompson Elijah White 
Benjamin "Wooddard, Moses Hodgkins, John Sandford, 
John Waire, William Hunter, Saml. Wilson, Calvin Wade, 
Thomas Smith, John Starboard, Luther Hall, Thomas 
Ridout, John Reed, William Malcom, Robert Cleaves, 
John Willson, Joseph Hayley, Humphrey Thompson, 
William Sears, Moses Owen William Collamore, Nathan 
Wyman, Hezekiah Wyman, William Wyman and James 
Purrinton, members of the said religious society, to- 
gether with their polls and estates be, and they are hereby 
incorporated by the name of The Baptist religious society 
in Topsham with all the priviledges, powers and immu- 
nities which other parishes in this Commonwealth are by 
law entitled to. 

And be it further Enacted by the authority aforesaid 
that any, and every person in the town of Topsham afore- Members con- 
said, who may at any time hereafter actuallj^ become a ^*"^ ' 
member of and unite in religious worship wdth said Bap- 
tist Society, 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, and united in re- 
ligious worship with said Baptist religious Society fourteen 
days previous to the parish meeting therein to be holden 
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. 

And be it further Enacted by the authority aforesaid, 
that when any member of said Baptist Societ}^ shall see Method of 
cause to leave the same, and unite in religious worship s^ocTe^yand 
with any other religious Society in the town or parish in J°'°>°s another. 
which he or she may live, and shall give in his or her 
name to the Clerk of the said Baptist Religious society, 
with a Certificate signed by the minister or clerk of the 
parish or other incorporate 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 certificate with his and her polls and estates 
be considered as a member of the Society to which he or 
she hath so united. 



56 



Acts, 1794. — Chapters 20, 



21. 



Francis Winter, 
Esq. to issue 
warrant. 



Article pro- 
posed to be 
amended. 



Ratified and 
confirmed. 



And be it Enacted by the authority aforesaid that 
Francis Winter Esqr. be, and he is hereby authorized 
to issue his Warrant directed to some principal member 
of the society requiring him to warn the members of the 
Society qualified to vote in parish affairs, to assemble at 
some suitable time and place in said Topsham 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 
business which other parishes are authorized to transact at 
their annual meeting. Approved June 26, 1794. 



1794. — Chapter 30. 

[May Session, ch. 20.] 
AN ACT, RATIFYING AN AMENDMENT IN THE CONSTITUTION OF 
THE UNITED STATES, PROPOSED BY THE TWO HOUSES OF 
CONGRESS, TO THE LEGISLATURES OF THE SEVERAL STATES. 

Whereas the Senate and House of Representatives of 
the United States, did on the second day of December, 
one thousand, seven hundred, and ninety three. Resolve 
(two thirds of both Houses concurring) "that the follow- 
ing Article be proposed to the Legislatures of the several 
States, as an Amendment to the Constitution of the 
United States ; which when ratified by three fourths of 
the said Legislatures, shall be valid as part of the said 
Constitution;" viz; "the Judicial Power of the United 
States shall not be construed to extend to any Suit in 
Law, or Equity, commenced or prosecuted, against one 
of the United States, by Citizens of another State, or by 
citizens or Subjects of any foreign State." 

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 Amendment be, and 
it is hereby agreed to, ratified and confirmed on the part 
of this Commonwealth, to become valid as part of the 
Constitution of the United States, as soon as the same 
shall be ratified by three fourths of the Legislatures of the 
several States. Approved June 26, 1794. 



Preamble. 



1794. — Chapter ^1. 

[May Session, ch. 23.] 
AN ACT TO INCORPORATE CERTAIN PERSONS BY THE NAME OF 
THE NORTH WEST CONGREGATIONAL SOCIETY IN NORTH 
YARMOUTH. 

Wliereas a number of the inhabitants of the toivn of 
North Yarmouth, have petitioned this Court to be incor- 



Acts, 1794. — Chapter 21. 67 

porated into a miperate society, and set off from the jyarish 
or religious society, ivJiereof the Reverend Tristram Gil- 
raan is pastor, for the reasons expressed in their petition; 
and it appearing to this Court reasonable that the prayer 
of the petitioners should be granted. 

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 Amos Harris, Zebulon Noyes, Persons incor- 
Joshua Spear, Benjamin Sweetser, Ozias Blanchard, ^°'**^ ' 
William Hoolc, Gushing Prince, Onesiphorus Fisher, 
Thomas Pratt, Ebenezer Blanchard, Joab Blake, Ben- 
jamin Blanchard, Richard Stubbs Moses Stubbs, David 
Prince, Nathaniel Blanchard junr, Paul Prince junr. Na- 
thaniel Merrill, Samuel Smith, Asa Chace, Eliphalet 
Greely, James Prince, Moses Noyes, Benjamin Buxton 
Jere Blanchard Thos. Noyes, Benjamin Sanborn Levi 
Sweetser Asa Greely, Paul Sanborn junr. Benjamin 
Prince, Benjamin Stubbs Samuel Kenny, Samuel York, 
Stephen Lowell William Sweetser, Israel True, William 
Read, Joshua Blanchard, William Blanchard, Benjamin 
Tukesbury John Merrill junr. Jacob Merrill junr. Nathan 
Merrill Josiah Harris, Amos Harris junr. Elijah Tuttle, 
Nathaniel Blanchard, James Whitney Benjamin Ridout, 
Othniel Trip, Joshua Shaw, Thos. Hill, Daniel Shaw, 
John Shaw, William Cleaves, John Goodwin, Lemuel 
Gurney junr. Nathaniel Ridout, Nicholas Ridout, Phineas 
Whitney, Isaac Whitney, Robert Maxfield, Eleazer Ring, 
Winthrop Baston, Reuben Baston, Silvanus Prince, 
William Noyes, Paul Prince, Plan Prince, Ammi Prince, 
Nicholas Blanchard Amos Clough, Josiah Wyman, Eben- 
ezer Allen, Jonathan Stubbs, Ozni Harris Levi Knight, 
Nathaniel Gordon, Jacob Merrill, Jeremiah Prince, 
Thomas Prince, Amos Field, William Merrill for his 
mother Othniel Merrill, Edmund Merrill, Seth Blanchard, 
Edward Butler, Stephen Harris, Samuel Bacon, Bethuel 
Wood, Stephen Prince Lydia Hayes widow, Thomas 
Johnson, Thomas Wood, Winthrop True, Levi Marston 
junr. John Wenthby, Zebulon Reed, Joseph Humphreys, 
Samuel Nason John Marston junr. Jeremiah Marston, 
Jabez Morton, Nehemiah Porter, Benjamin Myrick junr. 
William Hamilton, Nathaniel Luskin, Archalaus Tuttle, 
Isaac Shilling, Joseph Hicks, Joel Rich, Jonathan Chand- 
ler, Jotham Mitchell, Simeon Marston, Jasper Marston, 
John Marston, Joshua Marston, Simon Batchellor Andrew 
Ring, Ephraim Johnson, Moses Haskell, James Rider 



58 



Acts, 1794. — Chapter 21. 



Members cou- 
stituted. 



Exempt from 
taxes of all 
other Societies. 



Clerk to record 
all members of 
the Society. 



Persons leaving 
the Society, to 
signify it in 
writing. 



John Lewis, 
Esq. to issue 
warrant. 



John Pride Israel Loring Mitchell, William Sargent, 
Samuel Lawrence, Joshua Humphrey, Jere Walker, 
Henry Whitney Stephen Reed Eliab Mitchell, Samuel 
Baker junr. Tobias Moore, Benjamin Herrick Joseph 
York petitioners for the said Society, together with their 
polls and estates be, and hereby are incorporated into a 
Society by the name of the North west Congregational 
Society in North Yarmouth with all the priviledges 
powers and immunities which other parishes in this Com- 
monwealth are intitled to by law. 

And be it farther Enacted^ that all those who shall be 
desirious of becoming members of said Society, being in- 
habitants of said town of North Yarmouth, and shall 
signify the same in writing to the respective Clerks of 
each parish, thirty days at least, previous to the annual 
meeting in March or April next, shall be considered in 
law, as members of said Society ; but shall be held to pay 
their proportion of such money as shall have been pre- 
viously granted by the Society or parish they shall have 
seperated from. 

And he it further Enacted that the several persons in 
this act before named, and all others who shall become 
their associates being inhabitants of said town of North 
Yarmouth, and their several estates shall not be liable to 
be taxed for the support of public worship in any other 
Society in said town. 

And be 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 ; and 
shall signify the same in writing at least thirty days be- 
fore the annual meeting in March or April next to the 
Clerk thereof, said Clerk shall make a record of such re- 
quest, and shall transmit a list of such name or names to 
the Clerk of the other parish or Society of such request 
& such person or persons shall thereupon be dismissed 
accordingly, but shall be holden to pay the proportion of 
such money as shall have been previously granted by said 
parish or Society. 

And be it further Enacted that John Lewis esqr. be, 
and hereby is empowered and directed Avithin two months 
from the passing of this act to issue his Warrant to some 
principal inhabitant of the said north west Congregational 
Society — and he hereby is also empowered and directed to 



Acts, 1794. — Chapters 22, 23. 59 

issue his Warrant within two months from the passing of 
this act, to some principal inhabitant of the parish from 
which said Society are by the foregoing act set ofl', therein 
directing them severally to notify & warn the inhabitants 
of each society qualified by law to vote in town aftairs to 
meet at their respective meeting houses to chuse parish 
oflScers as by law required. Approved June 26y 1794. 

1794. — Chapter 22. 

[May Session, ch. 21.] 

AN ACT TO SUSPEND THE OPERATION OF AN ACT ENTITLED 
"AN ACT ASCERTAINING THE QUALITY OF STONE LIME AND 
THE SIZE OF LIME CASKS, AND FOR REPEALING ALL LAWS 
HERETOFORE MADE RELATIVE THERETO." 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the Authority of 
the same, that the Operation of the said Act be, and it Act suspended. 
hereby is suspended till the fifteenth day of August next. 

Approved June 27, 1794. 

1794. — Chapter 23. 

[May Session, ch. 23.*] 

AN ACT TO REPEAL ALL LAWS OF THIS COMMONWEALTH, IM- 
POSING DUTIES AND EXCISE ON CARRIAGES, & INFLICTING 
PENALTIES FOR SELLING WINES AND FOREIGN DISTILLED 
SPIRITS, SO FAR AS THE SAME RESPECT SAID MATTERS. 

Be it Enacted by the Senate, and House of Representa- 
tives in General Court assembled, <& by the authority of 
the same, that from and after the first day of July next, Excise on car- 
all laws of this Commonwealth imposing duties or excise "^^''^ repealed. 
on carriages be, and they hereby are repealed so far as 
they respect any duty or excise that would thereafter arise 
by virtue thereof. 

A7id be it further Enacted by the authority aforesaid that Penaiiies on 
all penalties which are established by any law of this Com- ^uedVplrit^s'ie- 
monwealth for selling Wine or foreign distilled spirits only P^^ied. 
in small quantities except such as are to be consumed 
within the House or dependencies of keepers of Taverns, 
Inns, or other houses of entertainment duly licenced by 
law therefore, shall from and after the said first day of 
July be, and the same are hereby repealed. Provided Proviso. 

* Wrongly numbered in session pamphlet, should be ch. 22. 



60 Acts, 179i. — Chapter 24. 

that the said acts and laws shall continue in full force, so 
far as to authorize the collection of any duties or penalties 
that have arisen or accrued, or shall arise or accrue 
thereby before the first day of July aforesaid. 

Approved June 27, 1794. 



1794. — Chapter 34. 

[May Session, ch. 18.] 

AN ACT FOR DIVIDING THE COMMONWEALTH INTO DISTRICTS 
FOR THE CHOICE OF REPRESENTATIVES IN THE CONGRESS 
OF THE UNITED STATES, AND PRESCRIBING THE MODE OF 
ELECTION. 

Whereas it is important to provide by law for a Repre- 
sentation of the people of this Commonwealth in the Con- 
gress of the United States, founded upon the principle of 
equality : 

Be it therefore Enacted by the Senate and House of 
JRepref^entatives in General Court assembled and by the 
authority of tJie same, that this Commonwealth be, and 
hereby is divided into fourteen Districts as in this act de- 
fined and described, in each of which one representative, 
being an inhabitant of the District for which he shall be 
elected, shall be chosen in the manner herein after pre- 
scribed. 

And be it enacted by the authority aforesaid, that the 
said fourteen Districts shall be formed and limited in 
manner following, viz; 

The towns Districts and plantations in the County of 
Berkshire, together with the towns of Rowe, Cummington, 
Plainfield, Worthington, Hawley and Charlemont in the 
County of Hampshire shall constitute one District to be 
called the first western District. 

The following towns in the County of Hampshire, viz; 
Westfield, Russell, Hatfield, Deerfield, Northampton, 
Blandford, Southampton, Greenfield, Gill, Granville, 
Chesterfield, Conway, Ashfield, Southwick, Williams- 
burgh, Whately, Norwich, West Springfield, West 
Hampton, Montgomery, Colerain, Barnardston, Shel- 
burne, Goshen, Leyden, Northfield, Montague, Sunder- 
land, Hadley, Chester, Buckland, Heath, Middlefield & 
East Hampton, shall constitute one District to be called, 
the second Western District. 

The following towns in the County of Hampshire 
viz; Brimfield, Pelham, Palmer, New Salem, Green- 



Acts, 1794. — Chapter 24. 61 

wich, Amherst, Monson, Belchertown, Shutesbury, 
Ware, Springfield, South Brimlield, Holland, Warwick, 
Orange, Wilbraham, Granby, Leverett, Wendell, Long- 
meadow, Ludlow, South Hadley, together with the fol- 
lowing towns in the County of Worcester viz. Western, 
Petersham, New Braintree, Barre, Sturbridge, Athol, 
Templeton, Koyalston, Gerry, Winchendon, Gardner and 
Hardwick, shall constitute one District, to be called the 
third ivestern District. 

The following towns in the County of Worcester, viz; 
Mendon, Brookfield, Oxford, Worcester, Leicester, 
Rutland, Sutton, Uxl)ridge, Shrewsbury, Dudley, Graf- 
ton, Upton, Holden, Leominster, Lancaster, Douglass, 
Spencer, Charlton, Oakham, Paxton, Hubbardston, West- 
minster, Princeton, Northbridge, Ward, Milford, Sterling 
& Boylston, shall constitute one District, to be called 
the fourth Western District. 

The towns Districts and plantations in the Counties of 
Barnstable, Nantucket & Dukes County, together with 
the towns of Wareham and Rochester in the County of 
Plymouth, and the towns of New Bedford and Dartmouth 
in the County of Bristol shall constitute one District, to 
be called the first southern District. 

The following towns in the County of Plymouth, viz; 
Plimouth, Scituate, Duxbury, Marshfield, Bridgewater, 
Middleborough Plympton, Pembroke, Abington, King- 
ston, Hanover, Halifax, Carver, with the towns of Hing- 
ham and Hull in the County of Suifolk ; and the following 
towns in the County of Norfolk, viz; Cohassett, Brain- 
tree, Quincy, Randolph, Weymouth, Milton, shall con- 
stitute one District to be called the second southern 
District. 

The following towns in the County of Bristol, viz; 
Taunton, Rehoboth, Swanzey, Freetown, Attleborough, 
Norton, Dighton, Easton, Raynham, Berkley, Mansfield, 
Westport and Somerset, with the following towns in the 
County of Norfolk, Foxborough, Wrentham, Franklin, 
Medfield, Dover, Walpole, Stoughton, and Bellingham 
shall constitute one District to be called the third southern 
District. 

The town of Boston in the County of Suffolk with the 
following Towns in the County of Norfolk, Roxbury, Dor- 
chester, Brookline, Sharon, Dedham, Needham, & Med- 
way with the following towns in the County of Middlesex, 



62 Acts, 1794. — Chapter 24. 

Newton, Weston, East Sudbury, Natick, Sherburne, Hop- 
kinton & Holliston shall constitute one District, to be 
called the First Middle- District. 

The following towns in the County of Middlesex, 
Charlestown, Cambridge, Watertown, Concord, Sudbury, 
Groton, Marlboro', Framingham, Dunstable, Stow, Lex- 
ington, Littleton, Westford, Townsend, Acton, Dracut, 
Chelmsford, Waltham, Shirley, Pepperel, Lincoln, Ashby, 
Carlisle, Boxboro' & Tingsboro' together with the follow- 
ing towns in the County of Worcester vizt. Ashburnham, 
Fitchburgh, Lunenburgh, Harvard, Westboro' Bolton, 
Berlin, Northboro' & Southboro,' shall constitute one dis- 
trict, to be called the Second Middle District. 

The following Towns in the County of Essex, Salem, 
Marblehead, Lynn, Lynnfield, Danvers, Middleton, 
Beverly, Manchester, with the following towns in the 
County of Middlesex, Reading, Stoneham, Medford, Mai- 
den, Tewksbury, Wilmington, Woburn, Bedford, Bille- 
rica with the town of Chelsea from the County of Suffolk 
shall constitute one district, to be called the Third 
3Iiddle-D istrict. 

The following towns in the County of Essex, Salis- 
bury, Almesbury, Methuen, Haverhill, Andover, Bradford 
Boxford, Newbury, Newbury Port, Rowley, Ipswich, 
Hamilton, Wenham, Gloucester & Topsfield shall consti- 
tute one District, to be called the Fourth Middle District. 

The towns, districts & Y)lantations in the Counties of 
Lincoln, Hancock & Washington (except such towns & 
plantations in the County of Lincoln as are hereafter made 
a part of the second Eastern district) shall constitute one 
district to be called the First Eastern District. 

The towns, districts & plantations in the Covmty of 
Cumberland, (except the towns of Bridgeton, Standish & 
Flintstown) together with the following towns & planta- 
tions in the County of Lincoln vizt. Topsham, Winthrop, 
Readfield, Bath, Bowdoin, Green, Monmouth, Mount 
Vernon, Sandwich, Livermore & Rocomecko, mouth of 
Sandy River, Sandy River No. 1, Sandy River No. 2, 
Sandy River No. 3 & seven mile brook. Twenty five mile 
pond, Titcomb-town & Little River & all other towns & 
plantations which lie wholly on the Western side of Ken- 
nebeck River (except Bowdoinham, Sidney & Fairfield 
which are made a part of the first Eastern district) in the 



Acts, 1794. — Chapter 24. 63 

County of Lincoln shall constitute one district to be called 
the Second Eastern District. 

The towns, districts & plantations in the County of 
York together with Bridiieton, Standish & Flintstown in 
the County of Cumberland, shall constitute one district, 
to be called tJte Third Eastern District. 

And be it further Enacted that the Selectmen of the selectmen em- 
several Towns and Districts within this Commonwealth, mmTngs. ° '"' 
shall in manner as the Law directs for calling Town Meet- 
ings, 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 first monday of November biennially, beginning in 
November next, to give in their votes for their respective Their duty re- 
R.e])resentatives, to the Selectmen, who shall preside at votea."^ 
said Meeting; and the Selectmen, or the major part of 
them shall in open Town meeting sort and count the Votes 
and shall form a list of the Names of the persons voted for, 
with the number of Votes for each person, set against his 
name, and the Town Clerk shall make a Record thereof, 
and the Selectmen shall make public declaration in Town 
meeting of the names of the persons voted for, and of the 
number of Votes they respectively have ; & shall in 
open Town Meeting seal up said List, certified by the 
Selectmen, & express upon the back of said List the 
District in which the Votes were given, & shall transmit 
the same within fourteen days next after such Meeting, to 
the Secretary of this Commonwealth, or to the Sherift' of 
the County in which such Town lies, who shall transmit 
the same to the Secretary of this Commonwealth, within 
forty days next after said first Monday of November ; and 
the Secretar}^ shall lay the same before the Governor and 
Council ; and in Case of an Election for any District by a 
majority of the Votes returned from said District, the 
Governor is hereby re({uested forthwith to transmit to the 
Person so chosen, a Certificate of such choice, signed by 
the Governor & countersigned by the Secretary. 

And he it further Enacted, that the Selectmen of Such Precepts to be 
Towns & Districts as lay within any County in which no^hoice!"*^ ° 
there is no Sherift', shall return such List to the Secre- 
tary's Office in the same term of Time as Sherifts are re- 
quired to do ; and in case no person shall be chosen, by a 
majority of all the Votes returned from any District, the 



64 



Acts, 1794. — Chapter 24. 



Duty of 
Sheriffs. 



Compensation 
to be made 
them for ser- 
vices. 



Forfeiture, in 
case of neglect. 



Governor is hereby requested to cause precepts to issue to 
the Selectmen of the several Towns & Districts in such 
District, directing & requiring sucli Selectmen to cause 
the Inhabitants of their Respective Towns and Districts 
as aforesaid, to assemble as aforesaid on a day in such 
Precept to be appointed, to give in their Votes for a Rep- 
resentative in Congress as aforesaid ; which Precept shall 
be accompanied with a List of Persons voted for in such 
District, showing 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 Act ; & the Selectmen shall make Return to the Secre- 
tary of this Commonw^ealth or to the Sheriif in manner as 
aforesaid, within fourteen Days next after such Meeting ; 
& the Sherifi' shall make Return thereof into the Secre- 
tary's Office, on or before such day as the Governor shall 
appoint in such Precept ; and the Secretary shall lay the 
same before the Governor & Council ; & the Governor is 
hereby requested to cause the person or persons who shall 
be chosen as aforesaid to be served with a Certificate 
thereof as aforesaid ; & the same proceedings shall be 
again had in case any District shall fail of compleating the 
choice of their Representatives ; and the Governor is re- 
quested to issue his precept accordingly to the Selectmen 
of those Towns and Districts, of such Districts where the 
choice of Representatives shall not have been compleated ; 
and like proceedings shall be had as often as Occasion 
may require. 

And be it further Enacted by the authority aforesaid, 
that it shall be the duty of the Sheriffs in the several 
Counties of this Commonweal.th on receiving copies of 
this act, or any precept from the Governor for the pur- 
poses mentioned therein, to transmit the same seasonably 
to the Selectmen of the several towns & districts within 
their several Counties, to whom they may be respectively 
directed. And the several Sheriffs shall for the said 
service be entitled to receive out of the Treasury of this 
Commonwealth double the sum which they are allowed by 
law for dispersing proclamations — and for returning the 
votes as aforesaid one shilling per mile computing from the 
place of abode of each Sheriff" to the Secretary's Office — 

And be it further Enacted that any Sheriff' who shall 
neglect to perform the duties which by this act he is 
directed to perform shall for each neglect forfeit & pay to 



Acts, 1794. — Chapter 25. 65 

the use of the Commonwealth the sum of six hundred 
pounds to be recovered by action of debt for which it 
shall be the duty of the Attorney General to prosecute 
within one year next after such neglect. And if any selectmen uubie 
Selectmen shall neglect to perform any of the duties which lect^*^ ° °^^" 
by this act they are required to do and perform, each 
Selectman so neglecting shall forfeit and pay a sum, not 
exceeding fifty pounds, nor less than five pounds to be re- 
covered in any Court proper to try the same, one moiety 
to the prosecutor & the other moiety to the use of the 
Commonwealth, 

And be it further enacted, that in those Districts and t^^T^r^T.. 

•J ' powered where 

plantations, where there may be no Selectmen, the asses- there are no 
sors of such Districts & plantations shall have the same 
powers, and perform the same duties, for the purposes 
of this act, as are herein above given to, or required 
of Selectmen, and shall incur the same penalty in case of 
neglect. 

And he it further enacted by the authority aforesaid, 
that this act shall be construed to extend to those planta- Extension of 
tions only which have chosen or shall choose assessors to '* '^ imi e . 
assess the public taxes set to them in the tax Act passed 
the present session of the General Court or that shall be 
set to them hereafter in the tax act next preceding the 
several elections. 

And be it further enacted that this act shall continue & 
be in force, untill a new apportionment of Representatives 
among the several States shall be made. 

Ap^jroved June 27, 1 794. 

1794. — Chapter 25. 

[January Session, eh. 1.] 

AN ACT FOR INCORPORATING CERTAIN LAND IN DEDHAM & 
SHARON IN THE COUNTY OF NORFOLK INTO A COMMON FIELD. 

Whereas the Proprietors of a certain tract of Meadov) preamble. 
land, lying partly in DedJiam & partly in iShar-on in the 
County of JSTorfolk are desii^ous to have the same incor- 
porated into a Common-Field ; 

Be it Enacted by the Senate & House of Representa- 
tives in General Court assernbled and by the Authority of 
the same, — That all that tract of land known by the name Boundaries. 
of Pigeon-Swamp Meadow, lying partly in Dedham and 
partly in Sharon in the County of Norfolk, and included 



66 



Acts, 1794. — Chapter 26. 



in the bounds following, viz. beginning at Trap-hole 
Brook so called, in the land of Nathaniel Sumner Esqr. 
where the fence now stands which divides said Sumner's 
upland from his meadow, & running southerly on said 
fence till it comes to the land improved by George Sumner, 
then through said land nearly the same course, till it 
comes to the Southwest corner of said George Sumner's 
home Meadow so called ; then turning and running- 
Easterly in said Meadow, as the ditch which forms the 
fence is made, till it comes to the south end of Benjamin 
Hawes's Meadow ; then in the line between said Hawse's 
meadow & the land of William Hichards ; then in the line 
between said Richards' home-lot & the meadow lots, till 
it comes to Cumming's brook so called ; thence on said 
brook till it comes to the line between Stoughton & 
Sharon ; thence on said line till it comes to Neponset 
River ; thence Westerly on said River till it comes to 
Trap-hole brook ; thence on said Brook, till it comes to 
the liounds first mentioned, — Shall be considered as one 
Common & General Field ; And that the Proprietors of 
said Lands, their Heirs & Successors be, and they hereby 
are incorporated & invested with all the powers & priv- 
ileges which the Proprietors of Common & General Fields 
by LaAV are invested with. Approved January 22, 1795. 



Act repealed. 



JuBtlces of the 
Peace empow- 
ered. 



1794. — Chapter 36. 

[January Session, ch. 2.] 

AN ACT FOR REPEALING AN ACT, MADE & PASSED IN THE YEAR 
OF OUR LORD, ONE THOUSAND SIX HUNDRED AND NINETY 
TWO, INTITLED "AN ACT FOR PUNISHING CRIMINAL OFFEND- 
ERS " AND FOR RE-ENACTING CERTAIN PROVISIONS THEREIN. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assanbled, and by the authority of 
the same, that the said Act be, and hereby is repealed, 
and made wholly null and void. 

And be it further Enacted by the authority aforesaid, 
that every Justice of the peace, within the County for 
which he may be commissioned, may cause to be staid 
and arrested all afi^i-ayers, rioters, disturbers or breakers 
of the peace, and such as shall ride or go armed offen- 
sively, to the fear or terror of the good citizens of this 
Commonwealth, or such others as may utter any menaces 
or threatening speeches, and upon view of such Justice, 
confession of the delinquent, or other legal conviction of 



Acts, 1794. — Chapters 27, 28. 67 

any such offence, shall . require of the offender to find 
sureties for his keeping the peace, and being of the good 
behaviour ; & in want thereof to commit him to prison, 
untill he shall comply with such requisition : And may 
further punish the breach of the peace in any person that 
shall assault or strike another, by fine to the Common- 
wealth not exceeding twenty shillings, and require sureties 
as aforesaid, or bind the offender to appear and answer 
for his oflence, at the next Court of General Sessions of 
the Peace, as the nature or circumstances of the case may 
require. Apiwoved January 29, 1795. 

1794. — Chapter 37. 

[January Session, ch. 3.] 

AN ACT TO SET OFF WILLIAM GOODSPEED WITH HIS ESTATE, 
FROM THE TOWN OF WASHINGTON IN THE COUNTY OF BERK- 
SHIRE, AND ANNEX HIM AND HIS ESTATE TO THE TOWN OF 
LENOX, IN THE SAME COUNTY, 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, that William Goodspeed with his estate be, 
and he hereby is set off from the town of Washington, in 
the County of Berkshire, and annexed to the town of 
Lenox, in the same County. 

Ajoproved January 31, 1795. 

1794. — Chapter 28, 

[January Session, ch.4.] 

AN ACT TO INCORPORATE VALENTINE RATHBURN AND OTHERS, 
INHABITANTS OF THE TOWN OF PITTSFIELD, INTO A RELI- 
GIOUS SOCIETY, BY THE NAME OF THE BAPTIST RELIGIOUS 
SOCIETY IN THE TOWN OF PITTSFIELD. 

Be it Enacted By the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that Valentine Eathburn, Daniel Rathburn, Persons incor- 
John Baker, John Remington, Jonathan Kingsley, John 
Bryant & others, inhabitants of said tow^n of Pittsfield, 
members of the said Religious Society ; together with 
their polls and estates be, and they hereby are incor- 
porated by the name of The Baptist Religious Society in 
Pittsfield, with all the priviledges, powers, and immunities, 
to which other religious Societies in this Commonwealth 
are by Law intitled. 



po rated. 



68 



Acts, 1794. — Chapter 29. 



Mode of be- 
coming Mem 
bers. 



the Society. 



And be itfurthei- Enacted, that any and every person 
in the said town of Pittsfield, who may hereafter at any 
time actually become a member of, and unite with said 
Society in religious worship, and give in his or her name 
to the Clerk of the said town of Pittsfield, with a certifi- 
cate signed by the Minister or Clerk of said Society, that 
he or she hath actually become a member of, and united 
in religious worship with said Society, fourteen days pre- 
vious to the town meeting therein to be holden 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. 

And be it further Enacted, that when any member of 
ModeoMeaving said Socicty sliall scc causc to leave the same, & unite in 
religious worshi}) with the other religious Society in the 
said town of Pittsfield, and shall give in his or her name 
to the Clerk of the said Baptist Keligious Society, with a 
certificate signed by the Minister or Clerk of the other 
religious society, fourteen days previous to their annual 
meeting in March or April, such person shall from and 
after giving such certificate, with his or her polls & estates 
be no longer considered as a member of the said Baptist 
Society. 

And be it further Enacted, that Eli Root Esqr. be, and 
he hereby is authorized to issue his Warrant directed to 
some principal member of the said Baptist Society, re- 
quiring him to warn the members of the said Society, 
qualified to vote in Parish affairs, to assemble at some 
suitable time and place, to chuse such parish OflScers, as 
are by law required to l)e chosen in the month of March 
or April annually, and to transact all matters and things 
necessary to be done in said Society. 

Approved February 10, 1795. 



Eli Root, Esq. 
to issue war- 
rant. 



Preamble. 



1794. — Chapter 39. 

[January Session, ch. 5.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS THEREIN 
NAMED, BY THE NAME OF THE TRUSTEES OF THE CHURCH 
AND CONGREGATION IN THE SECOND PRECINCT IN PEM- 
BROKE. 

WJiereas the Church of Christ in the second Precinct in 
Pembroke have by their Vote agreed to appropriate a 
certain sura of money , the property of said Church, to the 
purpose of supporting the preached Gospel in said Pre- 



Acts, 1794. — Chapter 29. 69 

cinct, under certain provisions and conditions; and not 
being able fully to accomplish their intentions by means of 
any existing legal provisions, have petitioned this Court to 
incorporate a competent number of persons for that purpose. 

Be it therefore Enacted by the Senate & House of Rej)re- 
sentatives in General Court assembled and by the Au- 
thority of the same, — That Jeremiah Stetson, William Tnistees in- 
Delano, Elijah Gushing, Gad Hitchcock junior, and Josiah ''°'p°'''* ^ 
Gushing all Members'of said Ghurch, and the said Stetson 
and Delano being Deacons of the same, be and they hereby 
are nominated and appointed Trustees of the Ghurch & 
Gongregation in the second Precinct in Pembroke, and 
they are hereby incorporated into a body Politic and 
Gorporate by that name ; and the said Trustees and their 
Successors, to be chosen and appointed in the manner 
herein after prescribed, shall be and continue a body poli- 
tic & corporate by the same name forever. 

And be it further Enacted by the Authority aforesaid, 
That agreeably to the Vote of said Ghurch, all the money. Property of 
securities & credits, the j^roperty of said Ghurch, shall be be held a'iid im- 
received and held by, and they are hereby confirmed to Tnil^eesf ^^^ 
the said Jeremiah Stetson, William Delano, Elijah Gush- 
ing, Gad Hitchcock junr. and Josiah Gushing, and to their 
successors as Trustees of said Ghurch and Gongreo'ation 
forever ; to be by them managed to the best advantage ; 
to the sole purpose of supporting the preached Gospel in 
said Precinct; to be applied to said purpose, when, and 
not before said sum, by the addition of accruing interest, 
or otherwise, shall produce the annual sum of One hun- 
dred & twenty pounds. And the Trustees aforesaid, their 
successors and the agents or Officers that may be appointed 
in pursuance of this Act, are hereby required in conduct- 
ing the Goncerns of said Trust, to regulate themselves 
conformably to the true design and intention of the Vote 
or Act of said Ghurch, on which the application for the 
passing of this act was grounded. 

And be it further enacted by the Authority aforesaid, 
that the said Trustees & their successors, shall have one common seai. 
Gommon Seal, which they may make use of in any trans- 
action that may relate to their said office of Trustees ; and 
they shall have power & authority to change, alter or 
renew the same at pleasure ; and they may sue and be 
sued in all actions, real, personal or mixed, and prose- 
cute or defend the same to final Judgement & Execution, 



70 



Acts, 1794. — Chapter 29. 



Power of the 
Trustees. 



Number. 



Successors of 
Trustees per- 
petuated. 



Trustees, capa- 
ble of holding 
property to a 
certain amount, 



by the Name of the Trustees of the Church & Cono-reffa- 
tion in the second Precinct m Pembroke as aforesaid. 

And be it further Enacted by the Authority aforesaid, 
that the said Trustees & their successors shall have full 
power and Authority to elect such Officers or Agents, and 
to make and establish such rules & orders not repugnant 
to the Constitution and Laws of this Commonwealth as 
they shall judge to be necessary & convenient for the 
orderly and beneficial management of the affairs of said 
Trust according to the various Occasions and Circum- 
stances thereof. 

Ayyd be it further Enacted by the Authority aforesaid, 
that the number of said Trustees shall be Five, a major 
part of whom present at any stated Meeting, shall decide 
all questions that may properly come before them. 

And to perpetuate the succession of the said Trustees, 

Be it further Enacted by the Authority aforesaid, that 
as often as one or more of the said Trustees, shall die, 
resign or remoA'e, or in the Judgment of the major part 
of said TrUvStees for the time being, be rendered by age, 
infirmity or otherwise incapable of discharging the duties 
of his Office, then, and so often the remaining part of 
the Trustees, or the major part of them at some stated 
Meeting, shall elect by ballot one or more persons, 
being reputable freeholders belonging to said Church or 
Congregation to supply such vacancy or vacancies — 
Provided that any vacancy occasioned by the death, 
resignation, removal or incapacity of a Deacon, shall be 
supplied by the Election of a Deacon in said Church if 
there be any Deacon belonging to the same. 

And. be it further Enacted by the authority aforesaid, 
that the Trustees aforesaid, and their successors be and 
they are rendered capable in Law, to take receive and 
convey any lands or tenements for the security of any 
monies loaned, belonging to said Trust, or which may be 
purchased with any part of the funds belonging to the 
same ; and that they be and they are hereby also rendered 
capable in Law, to take & receive by Gift, Grant, Devise, 
Bequest or otherwise, any lands, tenements or other 
Estate, real or personal, provided that the annual Income 
of such Real Estate shall not exceed the sum of One hun- 
dred pounds, and the annual Income of such personal 
Estate shall not exceed the sum of One-hundred pounds 
(both Sums to be estimated in silver at six shillings & 



Acts, 1794. — Chapter 30. 71 

eight pence l\y the Ounce) to have & to hold the same to 
the said Trustees and to their successors in that Office, on 
such terms, and under such provisions & limitations as 
may be expressed in any deed or Instrument of convey- 
ance to them made, and which may be consistent with the 
original design of this Incorporation. 

And be it further Enacted by the Authority aforesaid, 
that there shall be held a Meeting of said Trustees as soon Meeting of the 
as conveniently may be, after passing this Act, and after- 
wards once every year at least, on some day to be stated 
by said Trustees annually forever. And there shall be 
such other meetings to be held at such times & places and 
to be notified & called in such way and manner as the said 
Trustees at any annual meeting may determine. 

And that the State & Circumstances of said Trust may 
be known from time to time — 

Be it further Enacted by the Authority aforesaid, that Jfiblt attate-^''" 
it shall and may be lawful for the Inhabitants of said Pre- mentof ac- 
cinct at any legal meeting thereof not exceeding once in 
any one Year, to call upon the said Trustees for an accu- 
rate statement of their Accounts ; and it shall be the duty 
of the Trustees aforesaid, or some one of their Ofiicers for 
the time being, to exhibit an attested Copy of such State- 
ment accordingly. 

Be it further Enacted by the Authority aforesaid, that Jo^iah smith, 

' ty »y »/ ' Esq. to call a 

Josiah Smith Esqr. be, and hereby is authorized and meeting. 
directed to determine the time and place for holding the 
first Meeting of said Trustees, and to certify them respec- 
tively thereof, Ten days at the least previous to holding 
the same. Approved February 10, 1795. 

1794. — Chapter 30. 

[January Session, ch. 8.] 

AN ACT FOR ERECTING AND MAINTAINING A BRIDGE OVER 
WESTFIELD RIVER IN THE TOWN OF NORWICH IN THE 
COUNTY OF HAMPSHIRE. 

WJiereas a bridge over Westfield River in the toivn of Preamble. 
Norwich & County of Hampshire is very necessary Jor the 
accommodation of Travellers, S the place where said 
Bridge is proposed to be built loill not greatly accommodate 
the inhabitants of the town of Norwich who are obliged by 
law, to maintain a bridge over the same. 

Be it therefore Enacted by the Senate & House of Repre- 



72 



Acts, 1794. — Chapter 31. 



Bridge to be 
erected. 



How main- 
taiued. 



seniatives in General Court Assejnhled, & by the authority 
of the same, That u sufficient bridge for the accommoda- 
tion of travellers, shall be erected over said Westfield 
Kiver at the place where the Bridge formerly stood, which 
was built by the Commonwealth in said Town of Norwich, 
one half of which to be at the expence of said County & 
the other half to be borne by the said Town of Norwich : 
— And the Justices of the Court of General Sessions of 
the Peace for said County of Hampshire are hereby au- 
thorized and directed to order such bridge to be erected 
& the one half of the expence thereof shall be borne by & 
assessed upon the inhabitants of said County of Hamp- 
shire, & the same shall be assessed, collected, paid into, 
& ordered out of the Treasury of said County in the same 
way & manner as other County charges are. 

And be it further enacted that a Bridge over said Kiver 
at the [)lace abovementioned, shall hereafter be main- 
tained, repaired & supported in manner as is herein before 
directed, until the Legislature of this Commonwealth shall 
otherwise order. Approved February 10, 1795. 



Jurisdiction of 
the countiea. 



1794. — Chapter 31. 

[January Session, ch. 6.] 

AN ACT TO ASCERTAIN THE JURISDICTION & LIMITS OF THE 
COUNTIES OF SUFFOLK & MIDDLESEX OVER AND UPON 
CHARLES RIVER. 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court, assembled, and by the Authority 
of the same. That the Jurisdiction of the Counties of Suf- 
folk & Middlesex, shall be in common, in, over and upon 
the Waters of Charles River; that is to say, in, over and 
upon all that space which lies within the banks of said 
River, so far forth as the said river runs, between the 
present limits of the said Counties. And that all Crimes 
& Misdemesnors which shall hereafter be done & com- 
mitted within the banks of the t^aid River as above de- 
scribed, may and shall be enquired into, heard, tried & 
adjudged in either of the said Counties wherein any legal 
process against the Offender shall be first had & issued; 
and this without any enquiry whether the Fact has been 
done or committed on board any Vessel or Boat, between 
High Water and Low Water mark ; or whether the Vessel 
or Boat was afloat or arounded, in like manner & form in 



Acts, 1794. — Chapter 32. 73 

every respect as if the same had been done & committed 
in any other part of Either of the said Counties. 

And be it further Enacted by the AntJiority aforesaid, 
that all legal civil processes from either County may run civii processes. 
into and be executed within the aforcdescribed common 
Jurisdiction. 

And he it further Enacted, that the line of Jurisdiction Jurisdiction on 
civil and criminal l)etween the said Counties, over and '^ " ^^^' 
upon the two great Bridges erected over the said River, 
shall be in the middle of each Bridge ; to be ascertained 
by an admeasurement to be made by the Sheriffs of the 
said Counties ; who shall cause the [the] same to be marked 
out by erecting two posts on each side of the bridges, on sign posts to be 
the Side of the foot-way or passage, connected by an Arch, 
on the upper part of which, shall be printed the word 
'''Suffolk" on the Suffolk side thereof, and the word 
''■Middlesex,''^ on the Middlesex side thereof, so as to be 
easily &, plainly legible, the expence of which, shall be 
paid equally by the said Counties. 

Approved February 10, 1795. 



1794. — Chapter 33. 

[January Session, ch. 7.] 

AN ACT AUTHORIZING DAVID MORLEY OF WEST SPRINGFIELD 
IN THE COUNTY OF HAMPSHIRE TO BUILD A TOLL-BRIDGE 
OVER WESTFIELD RIVER IN SAID COUNTY, & TO ENABLE 
HIM TO SUPPORT THE SAME. 

Be it enacted by the Senate & House of Representatives 
ill General Court Assembled, d- by the authority of the 
same, that the said David Morley be, & he is hereb}^ au- David Moriey 
thorized & empowered to Iniild a bridge over Westfield «"''^°'-^^«d. 
river near the late dwelling house of Stephen Noble 
deceased. 

Be it enacted, that to reiml)urse the said David Morley toii estab- 
for his expence in building & supporting said Bridge, a toll 
be, & hereby is granted & established for the use & ben- 
efit of the said David JNIorley his heirs & assigns, accord- 
ing to the rules & rates following; vizt. For each foot 
passenger one cent — For one person & a horse four cents Hates of. 
— For each horse & chaise, riding chair, or sulkey ten 
cents — For each sleigh, sled or cart, drawn by one horse 
or other beast, eight cents — For each sleigh drawn by 
more than one horse twelve & a half cents — For each 



74 



Acts, 1794. — Chapter 33. 



Sign board. 



coach & other four wheel carriage for conveying persons 
twenty cents — For each waggon, cart, sled or other car- 
riage, drawn by more than one beast with one driver 
twelve & half cents ; For neat cattle in a drove, each one 
cent — For horse kind in a drove, or led each one cent — 
For each Sheep or Swine half a cent — And at all times 
when the toll-gatherer shall not attend to receive the toll, 
the gate or gates, if any, shall be left open & free for 
passengers ; — and the toll shall commence whenever the 
bridge shall be fit & safe for carriage to pass over it & 
shall continue to the said David Morley his heirs and 
Assigns forever ; — Prodded nevertJieless, that the General 
Court shall have a right to alter the rate of toll after the 
term of twenty years ; — And said Bridge shall be kept in 
good safe & passable repair ; — and at the place where the 
toll shall be received, there shall be erected & constantly 
exposed to open view a sign board with the rates of 
toll of all the tollable articles fairly & legibly written 
thereon. 

Be it enacted, that the said Bridge shall be built of suit- 
able materials, sixteen feet wide at least, & railed on each 
side three feet high — and if the said David Morley shall 
neglect for the term of three years after passing this act, 
to build said Bridge, then this act shall be void. 

Approved February 10, 1795. 



Persons incor- 
porated. 



1794. — Chapter 33. 

[January Session, ch. 9.] 

AN ACT INCORPORATING CERTAIN PERSONS FOR ERECTING A 
BRIDGE OVER DAMARASCOTTI RIVER IN THE COUNTY OF 
LINCOLN. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same, that John Farley, William McCobb, James 
Kavanagh, Israel Chapman and Mather Cottril together 
with those Avho may hereafter associate with them, and 
their or any of their heirs & assigns be, and they hereby 
are constituted a Corporation and Body politic for the 
purpose of erecting a Bridge over Damarascotti river, near 
the Falls, at the head of navigation on said river ; and as 
such they may sue and be sued, and may appoint one or 
more Agents or Attornies to prosecute or defend for them. 



Acts, 1794. — Chapter 33. 75 

and may have and keep one common seal, which they 
may alter, break or change at pleasure. 

And be itfurtJier Enacted, that for reimbursing to said H°iJedf'' '^' 
John Farley and others beforenamed, their Associates, 
heirs and assigns, the money which may l)e expended in 
building and supporting said Bridge, a toll be, and hereby 
is granted and established for the sole benefit of the said 
John Farley and others beforenamed, their Associates, 
heirs and assigns for the space of seventy years, according 
to the rates following ; viz; For each foot passenger two Rates of. 
cents — For one person and horse six and a half cents — 
Single horse cart. Sled or Sleio'h eight cents — For each 
sleigh drawn ])y two or more horses, ten cents — For each 
Chaise, Chair or Sidkey fifteen cents — For each Coach, 
Charriot or Phteton, thirty cents — Other carriages or 
Sleds drawn by two or more beasts, twelve and a half 
cents each — Neat Cattle & Horses, exclusive of those 
rode on, or in carriages or teams one cent each. For 
swine & sheep three cents per dozen, & at the same 
rate for a greater or less number, — and in all cases the 
same toll shall be paid for all carriages and vehicles pass- 
ing said Bridge whether the same be loaded or not ; and 
to each team one man and no more shall be allowed to 
pass free of toll. 

And be itfurtJier Enacted, that the said Bridge shall be Materials, 
well built of good and suitable materials — that it shall be ^' * '^'^' 
at least twenty four feet wide, with sufficient rails on each 
side for the safety of passengers — And the said proprie- 
tors or Corporation shall keep the said Bridge in good 
safe and passable repair, during the time they shall be To be kept in 
proprietors of the same ; which shall be for the space of 70 yeari!'*"^ 
seventy years from and after the passing of this Act, at 
the end of which time it shall be surrendered to the Com- 
monwealth in good repair. And if the said Corporation 
or proprietors, shall unreasonably neglect or refuse to 
keep said Bridge in good repair as aforesaid, on such re- 
fusal or neglect being made to appear to the Justices of 
the Court of General Sessions of the peace in the County 
of Lincoln, it shall be in the power of said Court to pro- 
hil)it the jiroprietors aforesaid from receiving toll from any 
person or persons passing said Bridge, until 1 it shall be 
put by them in such repair as shall be deemed sufficient. 

And be [xf] further Enacted that from and after the ex- court of Ses- 
piration of twenty five years from the passing this Act, ered!^™^°^' 



76 



Acts, 1794. — Chapter 34. 



it shall be in the power of the said Court of General Ses- 
sions of the Peace, to determine the rates of toll or fare 
for passing said Bridge any thing herein to the contrary 
notwithstanding. 
Proviso. Provided neverthelesfi that the said Bridge shall be built 

sufficiently high from the water for vessels without masts 
to pass under. And if at any time hereafter it shall be 
found necessary that there should be a Draw in said 
Bridge, it shall be in the power of any future General 
Court to direct the same to be constructed ; and in case 
the said Corporation or proprietors shall neglect or refuse 
to obey and carry into effect any such direction after rea- 
sonable notice of the same, the pro})erty of said Bridge 
shall thereupon immediately revert to the Commonwealth, 
and the right of said proprietors therein become extinct. 

And be it further Enacted by the Authority aforesaid, 
that if the said proprietors shall neglect for the space of 
six years from the passing this Act to build said Bridge, 
then this act shall be void. 

Approved February 11 , 1795. 



Boundaries. 



Incorporated. 



1794. — Chapter 34. 

[January Session, ch. 10.] 

AN ACT TO INCORPORATE A CERTAIN TRACT OF LAND IN THE 
COUNTY OF CUMBERLAND, INTO A TOWN BY THE NAME OF 
POLAND. 

Be it Enacted by the Senate and House of Representa- 
tives {71 General Court assembled and by the Axdhority 
of the same, — That the following described Tract, of 
Land, vizt. l)eginning at a great liock in Amariscoggin 
Falls called the Twenty mile Falls ; then running South- 
west to New Gloucester side Line ; then by said Line to the 
Northeast corner of the said New Gloucester ; then South- 
west on the Head Line of New Gloucester four miles; 
then running Northwest about seven miles & one quarter 
of a mile to Hebron ; then running Northeast by Hebron 
Line, to Turner; then by Turner Line to Amariscoggin 
Kiver ; then down said River to the bounds first men- 
tioned — together with all the Lihabitants thereon, be and 
they hereby are incorporated into a Town by the Name 
of Poland : and the said Town is hereby invested with all 
the powers, privileges & immunities which other Towns 
in this Commonwealth do or may enjoy by Law. 



Acts, 1794. — Chapter 35. 77 

And be it further Enacted by the Authority aforesaid, 
that William Wedgery Esqr. be and he is hereby em- wm.wedgery 
powered to issue his Warrant, directed to some suitable ^'^p''^^''® 
Inhabitant of said Town, requiring him to warn the Inhabi- 
tants thereof qualified as the Law directs to vote in Town 
Meeting, to meet at some conv^enient time & place, to 
choose all such Officers as Towns are by Law required to 
choose, in the Month of March or April annually. 

Approved February 17 , 1795. 

1794. — Chapter 35. 

[January Session, ch. 11.] 

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

Be it Enacted by the Senate (& House of Rejiresentatives 
in General Court assembled and by the Authority of the 
same, that a certain Tract of Land bounded as followeth. Boundaries. 
vip:. — Beginning at the North East corner of the Town 
of Bowdoin, thence running West North-West on said 
Bowdoin North line, Seven miles ; thence running North, 
North-East about four miles, to the South line of the 
Town of Monmouth ; thence running East South-East, in 
the South line of said Monmouth, to the South Easterly 
corner thereof; thence running North, North-East in the 
East line of said Monmouth, Six miles to the Town of 
Winthrop ; thence running East South-East in the South 
line of Winthrop to Cob])isee-Contee Pond ; from thence 
East-South-East to the Westerly line of Hallo well ; thence 
running Southerly on said Hallowell, to the Town of 
Pittstoii and continuing Southerly on said Pittston, in 
the Westerly line thereof, to the North-West corner of 
Bowdoinham ; thence Southerly by said Bowdoinham to 
the bound first mentioned, together with the Inhabitants 
thereon be, and they are hereby incorporated into a town incorporated, 
by the Name of Litchfield : And the said Town is hereby 
vested with all the powers, privileges & immunities which 
other Towns within this Commonwealth do or may enjoy 
by Law. 

And be it further Enacted by the Authority aforesaid, 
that Jedidiah Jewett Esqr. be, and he hereby is empow- Jedidiahjew- 
ered to issue his Warrant, directed to some suitable Inhabi- ^ empowtie 
tant of said Town, requiring him to notify & w^arn the 



78 



Acts, 1794. — Chapters 36, 37. 



Inhabitants thereof to meet at some suitable Time & Place 
for the purpose of chosing such Officers as towns are re- 
quired to choose in the Month of March or April annually. 

Approved February 18, 1795. 



Bouudaries. 



Lewiston 
incorporated. 



Benj. Merrill, 
Esq. to issue 
warrant. 



1794. — Chapter 36. 

[January SeBBion, ch. 12.] 

AN ACT TO INCORPORATE THE PLANTATION OF LEWISTOVVN, 
AND THE GORE (SO CALLED) ADJOINING IN THE COUNTY OF 
LINCOLN, INTO A TOWN, BY THE NAME OF LEWISTON. 

Be it Enacted by the Senate & House of Representa- 
tives in General Court assembled S by the Authority of 
the same, That the following described Tract of Land, 
lying on the Easterly side of Androscoggin River, Begin- 
ning on the bank of said river at the most Westerly Corner 
of the Town of Greene ; thence running South-East in 
the Southerly line of said Town about six miles, to the 
Plymouth Company's line at the South-Easterly corner 
of Greene aforesaid ; thence Southerly in the line of the 
Plymouth Company's Claim, six miles & two hundred & 
thirty rods ; thence Soath-West about two hundred & 
sixty rods to Androscoggin River ; thence Northerly by 
said river to the bound first mentioned, together with the 
Inhabitants thereon, be, and they hereby are incorporated 
into a Town, by the Name of Lewiston; and the said 
Town is hereby vested with all the powers, privileges & 
immunities which other Towns within this Commonwealth 
do or may enjoy by Law. 

And be it further Enacted by the Authority aforesaid, 
that Benjamin Merrill Esqr. be, and he is hereby empow- 
ered to issue his Warrant, directed to some suitable Inhabi- 
tant of said Town of Lewiston, requiring him to Notify & 
Warn the Inhabitants thereof, to meet at some convenient 
time & place, to choose such Officers as towns are by 
Law required to choose in the Month of March or April, 
annually. Approved February 18, 1795. 



1794. — Chapter 37. 

[January Session, ch. 13.] 

AN ACT TO SET OFF PART OF THE TOWN OF NEWCASTLE IN THE 
COUNTY OF LINCOLN, & TO ANNEX THE SAME TO THE TOWN 
OF NEW MILFORD IN SAID COUNTY. 

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



Acts, 1794. — Chapter 37. 79 

the scmie, that all the lands lying within the following Boundaries. 
lines, now belonging to the town of Newcastle in the 
County of Lincoln, beginning at the great bend of Sheep- 
scot river, on the southerly line of Samuel Simpson's 
land, thence northeasterly on said Simpson's line in the 
same direction till it comes to the dividing line between 
said Newcastle and Ballstown, thence on said dividing 
line northwesterly, till it strikes said Sheepscot river, 
thence down said river to the bounds first mentioned, 
with the inhabitants thereon, be, and the same are hereby . 
set oil' from said town of Newcastle, and annexed to the 
said town of New Milford. Provided that the inhabitants Proviso. 
living on said tract of land, shall be holden to pay their 
proportion of all legal taxes which have been assessed, 
ordered or voted to be laid on said town of Newcastle by 
the inhabitants thereof, or by the General Court, in the 
same manner as though this Act had never passed. 

And in order ibr an equal distribution of public prop- 
erty belonging to said town of New Castle, & that those 
who are set off as aforesaid should bear a due proportion 
of the public burden now lying on the same ; 

Be it further Enacted by the authority aforesaid, that ponedlytotiT" 
the inhabitants set off as aforesaid, shall Ije holden to pay towns. 
their proportion of the expences of supporting all such 
poor persons as are now supported by the town of New- 
castle, and shall be intitled to receive an equal proportion 
of all public property of every kind belonging to said 
town, each to be computed according to the polls and rate- 
able estate they severally held and were taxed for in the 
last valuation, any law to the contrary notwithstanding. 

And be it further Enacted by the authority aforesaid, 
that in all State taxes which shall hereafter be granted by Taxes, how as- 
the General Court of this Commonwealth, untill a new *^**^'' 
valuation shall be settled, one sixth part of the taxes which 
would have been set to the town of Newcastle, according 
to the last valuation, shall be taken therefrom, and set to 
the said town of New Milford. 

Approved February 18, 1795. 



80 



Acts, 1794. — Chapter 38. 



Fences to be 
kept ID repair. 



In case of neg- 
lect, the owner 
subjected to 
double expence 
of repairing. 



1794. — Chapter 38. 

[January Session, ch. 14.] 

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT CONCERNING 
GENERAL AND COMMON FIELDS" PASSED IN FEBRUARY, IN 
THE YEAR OF OUR LORD, ONE THOUSAND SEVEN HUNDRED 
AND EIGHTY SIX. 

Whereas it is found necessary to make further provision 
for the due regidation and repairing of fences in Common 
and General Fields. 

Be it therefore Enacted by the Senate, and House of 
Representatives in General Court assembled and by the 
authority of the same, that whenever the fence around any 
general and common Field, belonging to any freeholder, 
occupant or improver of any land in such field shall 
become deficient and need repairing, the owner thereof 
shall immediately repair such defective fence after being 
duly notified of such deficiency by any fence viewer of the 
tow^n wherein such field lieth ; and in case the owner 
thereof shall neglect to repair such defective fence, for 
the space of three days after due notice given thereof, by 
any fence viewer as aforesaid, it shall and may be lawfull 
for any freeholder or occupier of any lands in such fields 
to repair such defective fence ; and when the same shall 
be compleated and adjudged suflScient by two or more of 
the fence viewers of the town wdierein such fence lyeth, 
and the value thereof, together wdth the fence viewers 
fees ascertained in writing by them subscribed, the person 
who shall make up for repair such deficient fence, shall 
have right to demand and receive of the Occupier, Lessor, 
or Freeholder of the land, who ought to make up or 
repair the same at his election, double the expence of 
making or repairing surveying and viewing such fence ; 
and in case of neglect or refusal to make payment thereof 
for the space of one month after notice and demand made 
of the person against whom he shall make his election to 
satisfy him therefor, he may sue for and recover the same 
by a special action of the case with cost of suit in any 
Court proper to try the same. 

And whereas it often happens, that fences around gen- 
eral and common Fields are bloum down, carried away or 
otherwise destroyed by sudden foods or tempest, and it is 
necessary the same should be immediately repaired to pre- 
vent the destruction of the grain and crops growing therein; 



liable in the 
same peualties. 



Acts, 1794. — Chapter 39. 81 

Be it therefore Enacted, that whenever any such fence in case of de- 
shall be thus suddenly l)lown down, carried away or de- cident.The^ ^"^ 
stroyed, and the crops of grain or grass therein growing, priroTbeco^me 
shall be thereby exposed to be immediately destroyed, the 
occupant or freeholder of the same, to whom the same 
fence belonged to repair, shall immediately repair the 
same, and in case of neglect for the space of twenty four 
hours after notice given him thereof by any fence viewer 
as aforesaid, it shall and may be lawful for any freeholder 
or occupier of any lands in such fields to set up and suffi- 
ciently repair such fence ; and when the same shall be 
compleated and adjudged sufiicient by two fence viewers 
or more, as aforesaid, and the value thereof together with 
the fence viewers fees ascertained in writing, as aforesaid, 
the person who shall set up or repair the same, shall have 
right to demand and receive of the occupier lessor or free- 
holder of the land, who ought to make up and repair such 
fence, at his election double the sum thus ascertained as 
aforesaid for the expence of seting up, repairing, survey- 
ino; and viewino; the same ; and in case of neo;lect or re- 
fusal to make payment thereof for the space of one month, 
as aforesaid after demand made of the person against whom 
he shall make his election to receive the same, he may sue 
for and recover the same, with costs of suit in manner as 
is before directed. Approved February 18, 1795. 

1794. — Chapter 39. 

[January Session, ch. 15.] 

AN ACT MORE EFFECTUALLY TO PREVENT THE DESTRUCTION 
OF SHAD & ALEWIVES IN THE RIVERS AND STREAMS WITHIN 
THE TOWNS OF LYNN, READING AND LYNFIELD. 

Be it Enacted by the Senate and House of Representa- 
tives iri General Court assembled and by the Authority of 
the same; That the Towns of Lynn, Reading & Lynnfield Fish commit- 

till 11 !•! in '®®* *° ^^ *P' 

shall be, and they are hereby respectively empowered & pointed. 
directed at their Annual Meetino- for the choice of Town 
Ofiicers, to choose in each Town, three persons. Inhabi- 
tants thereof, to see that the laws respecting the passage 
ways for Shad & Alewives be observed : and each person 
so chosen, shall be sworn to the faithful discharge of his 
duty. And the said Committees of said Towns shall 
meet together annually on or before the first day of April, 
at such time & place as the person first chosen by the 



82 Acts, 1794. — Chapter 39. 

Town of Lynn shall appoint, to be by him duly notified. 
And the major part of those of the said Committees who 
shall be present at such Meeting, are hereby authorized & 
empowered to order the Times, Places & Manner in which 
said Fish may be taken within the limits of each Town. 
And the Members of the said Committees shall have joint 
& concurrent jurisdiction in each of said Towns. And in 
case either of said Towns shall neglect to choose the Com- 
mittee assigned to it, the Committee or Committees which 
shall be duly chosen & sworn within the other Towns or 
either of them, shall have the powers and shall perform 
the duties hereby required. And the regulations which 
shall be so agreed upon by said Committees, shall be 
written and posted in three public places at least, in each 
of said Towns. 
-Empowered. ^^^j jg it further Unacted, that the said Committees, or 
the majority of the members, not less that three in number, 
who shall be present at any Meeting duly notified by the 
first chosen or eldest Member of the Committee, which 
shall be chosen in the Town of Lynn, or by the request 
of any three Members of said Committees, shall be, and 
they are hereby authorized & empowered to require of 
the Owner or Occupant of any Dam or Sluice head of 
any Mill erected or that may be erected over any such 
river or stream, to open and keep therein a sufiicient 
passage way for said Fish, at such time on or after the 
first day of April annually, as the said Committees or the 
major part present as aforesaid shall think necessary : 
And may also require of the Owner or Occupant of any 
Canal or course whereby any natural Stream is or shall be 
in part changed or altered, to leave sufiScient water in the 
Natural stream for the easy & safe passage of the said 
Fish. And upon neglect or refusal of such Owner or 
Occupant of any Dam or Sluice head or Canal as afore- 
said, to comply with this Act ; the said Committee, or 
major part who shall be present, at any Meeting as afore- 
said, shall and may cause such sufficient passage way and 
opening as they shall judge necessary for the purposes 
aforesaid, to be made in such Dam, Sluice-head or Canal, 
with least prejudice to the Owner or Occupant, and at his 
expence. And such passage & Opening shall and may be 
continued at the discretion of the said Committee, from 
the time they shall order the same as aforesaid, and untill 
they shall order or permit the closing of the same, not 
exceeding the fifteenth day of June in every Year. And 



Acts, 1794. — Chapter 40. 83 

if any Person or Persons shall obstruct the passage way 
or Opening required, or allowed by the said Committees 
or the major part of them as aforesaid, in any Dam, 
Sluice-head or Canal within their Jurisdiction as afore- 
said, such Ofiender or Ofl'enders shall forfeit and pay a 
sum not exceeding sixty dolhirs, nor less than thirty 
dollars. 

And be li further Enacted, that if any Person or Per- Penalty for kiii- 
sons shall be found taking any Fish, on any day or in any 'g^l^"" '^''«*'°s 
place, or in any manner contrary to the regulations of the 
said Committees or of otherwise killing & wasting said 
Fish, such Offender shall forfeit and pay a sum not ex- 
ceeding One Dollar for each Offence. 

And be it further Unacted, that it shall be the duty of toTe^moieVed 
the said Committees jointly and of each Committee in in their duty, 
their respective Towns to see to the observance of this forfeiture. 
Act ; and they shall have authority therefor to go upon 
the land bordering upon any of the said Rivers or 
Streams, and shall not be considered as Trespassers 
therein. And any person who shall molest said Commit- 
tees, or either of them, in the execution of their Office, 
or shall injuriously obstruct any of the said Rivers or 
Streams, shall forfeit & pay a sum not exceeding two 
dollars, nor less than fifty Cents according to the aggrava- 
tion of the Offence ; — And all fines & forfeitur[s]es given Forfeitures may 
by this Act, shall and may be sued for & recovered by recovered. 
Action of Debt in any Court proper to try the same, by 
the said Committees or any one of them ; one Moiety to 
the Use of the Prosecutors, and the other Moiety to the 
use of the poor of the Town in which the Offence shall 
happen. Approved Fehr\iary 24, 1795. 

1794. — Chapter 40. 

[January Session, ch. 16.] 

AN ACT FOR DIVIDING THE TOWN OF SHAPLEIGH INTO TWO 

PARISHES. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the Autliority of 
the same, That there be erected in the Town of Shapleigh ^j°"^,^j*''y °? . 
in the County of York, a Parish, bounded & described as in shapiei'gh. 
follows, viz. Beginning on the head line of Lebanon, at 
the end of the East side line of the Sixth range of Lots 
in said Shapleigh ; thence running Westerly on the head 
line of Lebanon, untill it comes to the South Westerly 



84 



Acts, 1794. — Chapter 41. 



Second parish. 



Warrant to be 
issued. 



side of said Shapleigh ; thence on the line of Shapleigh, to 
the line of the State of New Hampshire ; thence Northerly 
on said State, to little Ossipee Pond, and on that Pond, 
to little Ossipee Piver, and down said River, to the range 
line tirst mentioned, where it meets said River ; thence 
Southerly on said line, untill it comes to a point in square 
Mousom Pond, which would be struck by the continua- 
tion of the line between the Lots numbered Eight & Nine 
on the fourth range of Lots in Shapleigh ; then from the 
said point due East, to the West side of Mousom long 
pond ; then Southerly on that pond, to the East line of 
the Fifth range ; then on that line to Lot number Two, in 
that Range ; thence on the Northerly side of said Lot, to 
the Easterly line of the sixth Range aforesaid ; thence on 
the East side of said Range, to the Bound first mentioned : 
Which same Parish, bounded & described as aforesaid, 
shall be the first parish in said Town of Shapleigh, and 
shall he entitled to such Liimunities, & subjected to such 
Duties as other parishes in this Commonwealth are under. 

Ajid be it Enacted that the residue of the same Town 
shall be the Second Parish therein ; and have the same 
privileges & be subjected to the same Duties as are legally 
incident to other parishes within this Commonwealth. 

And be it Unacted by the Authority aforesaid^ that 
William Rogers Esqr. be, and he is hereby authorized to 
issue his Warrant, directed to some principal Inhabitant 
in each parish aforesaid, requiring them to warn the In- 
habitants thereof, qualified by Law to vote in parish Meet- 
ings, to assemble at some suitable Time &, Place in said 
Parishes, to choose such Officers as Parishes are empow- 
ered to choose in the Month of March or April annually ; 
and to transact all matters & things necessary and lawful 
to be done in said parishes as aforesaid. 

Approved February 24, 1795. 



1794. — Chapter 41. 

[January Session, ch. 17.] 

AN ACT TO INCORPORATE SIMON LARNED AND OTHERS FOR THE 
rURPOSE OF CONVEYING WATER BY PIPES INTO THE CENTER 
OF THE TOWN OF PITTSFIELD, BY THE NAME OF "THE PRO- 
PRIETORS OF THE WATER WORKS IN THE MIDDLE OF THE 
TOWN OF PITTSFIELD." 

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



Acts, 1794. — Chapter 41. 85 

the same, that Simon Larned, John Chandler Williams, Persons incor- 
William Kittrcdge, Joshua Dantbrth, Thomas Gold ^^^ p°'''"* • 
such other persons as may become proprietors in the said 
Water works, be, and they hereby are constituted a Cor- 
poration & Body politic, for the purpose of conveying 
water by pipes into the center of the town of Pittstield, 
by the name of " The proprietors of the Water works in 
the middle of the town of Pittsfield," and by that name 
may sue and be sued to final judgment and execution ; and 
do and suffer all matters, acts or things, which Bodies 
politic may, or ought to do, and suffer. And the said 
Corporation shall & may have and use a common Seal, 
and the same may break and alter at pleasure. 

And be it further Enacted, that the said Simon Larned, ~^^^^^^l^^ 
John Chandler Williams, William Kittredge, Joshua ings — 
Danforth, and Thomas Gold, or any three of them, may 
by advertisement posted up at the houses of Darius 
Larned and John Strong, in said Pittsfield, warn or call 
a meeting of the said proprietors to l)e held at said Pitts- 
field, at any suitable time after seven days from the post- 
ing up such advertisement: And the said ])roprietors by —to choose a 

,/. • •j_ c J_^ i j^ij_ Clerk and estab- 

a vote 01 a majority oi those present, or represented at ush reguia- 
said meeting, accounting and allowing a vote to each share "°"*' 
in all cases, shall choose a Clerk who shall be sworn to 
the faithfull discharge of his oflace ; and also shall agree 
on a method for callino; future meetino-s ; and at the same 
or any subsequent meeting may make and establish any 
rules and regulations that shall be convenient or neces- 
sary for regulating the said Corporation, effecting, com- 
pleating and executing the purpose aforesaid, and the same 
rules and regulations may cause to be ke})t and executed, 
and for the breach of any of them, may order and enjoin 
fines and penalties, not exceeding four pounds : Provided P'ovIso. 
that said rules and regulations be not repugnant to the 
Constitution or Laws of the Commonwealth ; and the said 
proprietors may also choose and appoint any other officer 
or officers of the Corporation ; and all representations of reguiationsTo 
the said proprietors, at said meetings, shall be proved by be recorded. 
a special appointment in writing, signed by the person 
making the representation, which shall be filed with, or 
recorded by the Clerk ; and this Act, and all rules, regu- 
lations, and votes of said Corporation shall be fairly and 
truly recorded by their said Clerk, in a Book or Books 
for that purpose provided & kept ; which Book or Books 



86 



Acts, 1794:. — Chapter 41. 



ProprietorB 
impowered to 
construct and 
complete the 
■work. 



Contracts may 
be made with 
Guardians, &c 
in case of ina- 
bility. 



Shares may be 
transferred by 
deed, and sub- 
ject to attach- 
ment. 



Time limited 
to complete the 
work. 



Injuries done, 
subject to pen- 
alties provided. 



shall be subject to the ins{)ection of any person, or per- 
sons for that purpose appointed by the Legislature. 

And be it further Enacted, by the authority aforesaid, 
that the said Proprietors be, and they are hereby author- 
ized and impowered within the term of three years from 
tlie passing this Act, to construct & complete said pipes, 
& for the purpose aforesaid to enter on, and dig up any 
Highway or town road, which may be necessary to com- 
plete said Water works, and therein to put and place such 
pipes as may be necessary, & at all times to enter thereon 
for the purpose of repairing said pipes, whenever they 
may require it ; provided they do not thereby obstruct the 
passing and repassing of such as may have occasion to 
use the same road or highway. 

And be it further Enacted, that if in any instance it 
may be necessary for the said proprietors to lay the said 
pipes over or through the land of any infant, feme covert, 
or person non compos mentis, the husband of such feme 
covert and the Guardian of such infant or person non 
compos mentis respectively, may make any agreements, or 
do any other matter or thing respecting the damage occa- 
sioned by said pipes, which they might do, if the same 
land was by them holden in their own rights respectively. 

And be it further Enacted, that any proprietor's share 
or shares in said Water Avorks may be transfered by deed, 
acknowledged and recorded by the Clerk of said Corpora- 
tion, in a Book to be kept for that purpose ; and when 
any share or shares of said Water works shall be attached 
as the property of any of said proprietors, on mesne 
process, an attested copy of such process shall be left 
with the said proprietor's Clerk, at the time of such at- 
tachment, otherwise the same shall be void. 

And be it further Enacted, that if the said Corporation 
shall not complete the said Water works within three 
years from the passing this act, then this act shall be void 
and of no effect : Provided always that if at any time the 
said proprietors, after the end of said three years find it 
convenient to make or lay down any additional pipes to 
complete & carry the said Water works to a further ex- 
tent, they may do the same, notwithstanding the said 
limitation. 

And be it further Enacted, that if any person shall in- 
jure or destroy any of the said pipes, he shall be subjected 
to the same pains and penalties as are provided by the 



Acts, 1794. — Chapter 42. 87 

second Section of the Act, intitled ' ' An Act for the 
more effectually preventing of trespasses in divers cases," 
passed the twenty third day of November, One thousand 
seven hundred and eighty five, and shall also be liable to 
make good all damages so done, to the said proprietors. 

Approved February 25, 1795. 

1794. — Chapter 43. 

[January SeBsion, ch. 18.] 

AN ACT FOR INTRODUCING THE DOLLAR AND ITS PARTS AS THE 
MONEY OF ACCOUiNT, IN THIS COMMONWEALTH. 

Be it Enacted by the Senate & House of Representatives 
in General Court assembled, and by the Authority of the 
same, That from and after the first day of September The money of 
next, the Money of Account of this Commonwealth shall nshed. 
be the Dollar, Cent and Mille ; and all accounts in the 
Public Oflices, and other public accounts, and all proceed- 
ings in the Courts of Justice, including Courts of Probate, 
shall be kept and had in conformity to this regulation. 

And be it further Enacted by the authority aforesaid, 
that the forms of Writs or Processes or Instruments used fndTnstru^"'* 
in the Courts of Justice or Courts of i'robate, or in any mentsusedin 
Public Office in this Commonwealth, in which any Sum expressed 
or Sums are now required to be expressed in Pounds, aftemion.**" ^ 
Shillings or Pence, shall and may be altered to an equiva- 
lent sum in Dollars and parts of a Dollar, expressed as 
above mentioned : Provided that this Act shall not be Proviso.- 
understood to vitiate or nullify any Account, Charge or 
Entry originally made, or to be made, or any Note, Bond, 
or other Instrument expressed, or which shall be expressed 
in any Money of Account, existing at the time of passing 
this Act ; but the same shall be reduced to Dollars and 
parts of a Dollar as herein before directed, in any Suit or 
Declaration thereupon. 

And be it further Enacted by the Authority aforesaid, 
that untill the Laws for establishing Fees shall be revised P/esent Money 

?r /• • °^ account may 

and rendered conformable to the Money of Account in- be used in tax- 
tended by this Act to be introduced, it shall and may be Lit^eration is 
lawful in taxing any Bill of Cost, or giving any Account ''^''*''''*'^^'^- 
or Bill of Fees in any case, by any Public Officer, to set 
down the particulars of such Bill or Account in the pres- 
ent Money of Account, the foot of said Bill or Account 
being reduced to the Money of Account by this Act estab- 
lished. Approved February 25, 1795. 



88 



Acts, 1794. — Chapters 43, 44. 



Preamble. 



Engine Men 
excused from 
military duty. 



1794. — Chapter 43. 

[January SesBion, ch. 19.] 

AN ACT FOR THE EXPLANATION OF AN ACT EMPOWERING THE 
SELECTMEN OF SUCH TOWNS IN THIS COMMONWEALTH AS 
ARE ALREADY OR MAY HEREAFTER BE PROVIDED WITH A 
FIRE ENGINE OR ENGINES TO NOMINATE AND APPOINT 
ENGINE MEN, WHICH PASSED MARCH THE FIFTEENTH, A D. 
ONE THOUSAND, SEVEN HUNDRED & EIGHTY-FIVE [*] ; AND 
ALSO FOR THE EXPLANATION OF THE MILITIA LAW WHICH 
PASSED JUNE THE TWENTY SECOND AD. ONE THOUSAND 
SEVEN HUNDRED & NINETY-THREE. 

W/iereas by the Act first above mentioned the persons 
nominated and appointed Engine Men in pursuance of the 
same Act are excused from all Military Duty; And 
whereas Engine Men are not specially exempted by the 
said Militia Law^ by which doubts and law suits may 
arise to the injury of the good people of this Common- 
wealth : 

Be it therefore Enacted by the Senate & House of Rep- 
resentatives in General Court assembled, and by the Au- 
thority of the same, That the Persons nominated and 
appointed or that njay be appointed Engine Men in pur- 
suance of the said Act first above mentioned, be and 
hereby are excused from all military duty so long as they 
shall be continued in that Employment, as fully as though 
specially exempted in the said Militia Act ; and the said 
Laws ought to be construed so as to exempt the said 
Engine Men, any thing in the said Militia Act to the con- 
trary, notwithstanding. Approved February 25, 1795. 



1794. — Chapter 44. 

[January Session, ch. 20.] 

AN ACT FOR ESTABLISHING AN ACADEMY IN THE TOWN OF NEW 
SALEM, BY THE NAME OF NEW SALEM ACADEMY. 

Preamble. Whereas a suitable number of Acadetnies nntJiin this 

Commoyiwealth will be of Common benefit, and it ap)pears 
that the Town of New- Salem have erected & agreed to main- 
tain a convenient Building for that purp)ose; to effect 
which design more fully, it is necessary to establish a 
Body Politic: 

Be it therefore Enacted by the Senate & House of 
Representatives in General Court assembled and by the 



* The act referred to was repealed before this statute was enacted 
Bbould have been to chap. 42, 1785. 



■reference 



Acts, 1794. — Chapter 44. 89 

Authority of the same, that there be and hereby is estab- ns'h^tjT^ *^^*''' 
lished, in the town of New Salem in the County of Hamp- 
shire, an Academy by the Name of New Salem Academy, 
for the purpose of j)romotino- Piety, Religion & Morality, 
and for the instruction of Youth in such Languages, & 
in such of the liberal Arts & Sciences as the Trustees 
shall direct; and that the Reverend Joel Foster, the Trustees ap. 
Reverend Solomon Reed, the Reverend Joseph Blodget, p°°*^ " 
the Reverend Joseph Killuirn, David Smead Esq. John 
Goldsbury Esqr. Jonathan Warner Esqr. David Sexton 
Esqr. Ebenezer Matoon junr. Esqr. Daniel Bigelow Esqr. 
Martin Kinsley Esqr. Ezekiel Kellogg junr. Esqr. Samuel 
Kendall, Varney Peirce and Asa Meriam, Be, and they 
hereby are nominated and a})pointed Trustees of said 
Academy, and they are hereby incorporated into a Body 
Politic by the Name of the Trustees of New-Salem Acad- 
emy ; and they & their Successors shall be & continue a 
body politic by the same Name forever. 

And he it further Enacted, that all Grants or Donations Grants and do- 
which have been, or shall hereafter be made, for the pur- firmed to the 
pose aforesaid, shall be confirmed to the said Trustees and '^'■"*'®^^- 
their Successors in that Trust forever, for the Uses which 
in such Instruments are or shall be expressed ; provided 
such uses shall not be repugnant to the design of this Act : 
— And the said Trustees shall be further capable of hav- 
ing, taking & holding in Fee simple by Gift, Grant, 
Devise or otherwise, any Lands, Tenements or other 
Estate real or personal, provided the annual Income of 
the Avhole shall not exceed the Sum of One Thousand 
pounds, for the sole Use and Benefit of said Academy. 

Be it further Enacted hy the Authority aforesaid, that Trustees em- 

.•^ ^ . . powered to 

the said Trustees shall have full power from time to time elect officers, 
as they shall determine, to elect such Officers of the said ' 
Academy as they shall judge necessary, and fix the 
Tenure of their respective Offices ; to remove any Trustee 
from the Corporation, when in their opinion he shall be 
incapable (thro' 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 deter- 
mine the times & places of their Meetings ; the manner 
of notifying said Trustees ; the method of electing and 
removing Trustees ; to ascertain the powers & duties of 
their several Officers ; to elect Preceptors & Ushers of 
said Academy ; to determine the duties & tenures of their 



90 



Acts, 1794. — Chapter 45. 



Common Seal. 



Proviso. 



Number of 
Trustees. 



Ezekiel Kellog 
empowered. 



Offices ; to ordain reasonable Orders & bye Laws not re- 
pugnant to the Laws of this Commonwealth, with reason- 
able penalties for the g'ood (xovernment of said Academy ; 
and ascertain the qualifications of the Students requisite 
to their Admission ; and the same rules, orders & bye- 
laws at their pleasure to repeal. 

Be it farther Enacted hy the Authority aforesaid, that 
the Trustees of the said Academy may have one common 
Seal which they may change at pleasure ; and the said 
Trustees shall have lull power and authority to lease & 
manage their lands and tenements 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 Estate, the con- 
currence of two thirds of all the Trustees for the time 
being, shall be necessary ; and all Deeds or Contracts 
sealed Avith the common Seal of the said Corporation and 
signed by any Trustee pursuant to their Order, shall be 
valid & effectual in Law to all intents ; and that the said 
Trustees may sue and be sued in all Actions real, personal 
or mixed, & prosecute and defend the same unto final 
Judgment and Execution, by the Name of the Trustees of 
New-Salem Academy. 

And he it further Enacted that the number of the said 
Trustees & their Successors shall not at any one time be 
more than Fifteen nor less than Nine ; Nine of whom 
shall constitute a Quorum for transacting business ; and a 
majority of the members present at any legal Meeting, 
shall decide all questions proper to come before the Trus- 
tees. 

And be itfirther Enacted that Ezekiel Kellogg Esqr. be 
and he hereby is authorized to fix the time and place for 
holding the first Meeting of the Trustees, and to notify 
them thereof. Apipromd February 25, 1795. 



BoumlarieB. 



1794. — Chapter 45. 

[January Session, ch. 21.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED PHIPPS 
CANADA LYING ON BOTH SIDES ANDROSCOGGIN RIVER INTO 
A TOWN BY THE NAME OF JAY. 

Be it Enacted by the Senate & Houfie of Bepresenta- 
tives in General Court assembled, and by the authority of 
the ,same; that the plantation called Phipps Canada, lying 



Acts, 1794. — Chapter 46. 91 

on both sides Androscioggin river bounded as follows viz. 
Beginning at a marked tree, standing in the northeast 
corner of Livermore — thence running north six miles, 
one hundred and twenty eight rods, thence west four 
miles, two hundred and seventy two rods to a beach tree 
marked, thence south forty degrees west six miles, two 
hundred and eight rods to a pine tree, standing on the 
bank of Androscoggin river, thence across said river the 
same course one hundred and eight rods to a Hemlock 
tree, thence south nineteen degrees east till it intersects a 
line running south sixty five degrees west from the north- 
west corner of Livermore, thence north sixty five degrees 
east to the northwest corner of Livermore, thence on the 
same course in the northerly line of said Livermore to 
Androscoggin river thence east across said river in the line 
of said Livermore to the first mentioned bound ; together 
with the inhabitants thereon be, and hereby are incor- fa^y^°''°''P°' 
porated into a town by the name of Jay and vested with 
all the powers, priviledges and immunities, which towns 
in this Commonwealth do or may enjoy by law. 

And be it farther Enacted by the authority aforesaid, 
that Edward Richardson Esqr. be and he hereby is em- ^rdZ'^'Ell^Mo 
powered to issue his Warrant, directed to some suitable "^sue warrant. 
inhabitant of said town, requiring him to warn a meeting 
of the inhabitants of said town, at such time and place as 
shall be expressed in said Warrant, for the purpose of 
choosing town ofiicers, and transacting all such other 
business, as towns within this Commonwealth, are by law 
empowered to transact in the month of March or April 
annually. Approved February 26, 1795. 



1794. — Chapter 46. 

[January Session, ch. 22.] 

AN ACT FOR APPROPRIATING TWELVE THOUSAND POUNDS 
PART OF TAX NO. 11, TO THE PAYMENT OF INTEREST ON THE 
FUNDED AND CONSOLIDATED DEBT OF THIS COMMONWEALTH, 
AND FOR OTHER PURPOSES. 

Be it Enacted by the Senate & House of Representatives 
iri General Court assembled and by the Authority of the 
same, that the sum of Twelve thousand pounds part of Tax.No. ii 
the" last State Tax No. 11, be and the same is hereby ''pp'^'P"*'' • 
appropriated to the payment of interest on the funded & 
consolidated Debt of this Commonwealth. 



92 



Acts, 1794. — Chapter 46. 



Treasurer au- 
thorized. 



TaxeBNo. 10 & 
11 repealed on 
plantalion 
No. 8. 



Preamble. 



Former duties 
remitted. 



Be it further Enacted that the Treasurer of this Com- 
monwealth be and he hereby is authorized and directed to 
receive on loan in pursuance of the Act passed February 
first, in the Year of our Lord, seventeen hundred & 
ninety four, providing for the debt of this Commonwealth, 
and on the terms therein prescribed, Certificates given at 
the Treasury for Army Notes, and to issue Certificates to 
the holders of the Certificates first mentioned according 
to the directions of the said Act. 

And whereas assessments were made of parts of State 
Taxes, number ten & number eleven on a plantation by 
the name & description of No. 8, East of Machias, which 
was granted on a condition of being exempted from State 
taxes for a time not yet expired, — 

therefore. Be it further Enacted^ that the said Assess- 
ments on the said Plantation, be and the same are hereby 
declared null & void. 

And ivhereas by an Act passed the third day of March, 
Sevenfeen-hundred S ninety, a duty of excise is required 
to be levied, collected S paid, of Twelve shillings on every 
licence granted to a retailer; and whereas doubts have 
arisen as to the meaning of an Act passed on the twenty 
seventh day of June last, respecting penalties for selling by 
retail spirituous liquors & wines, and soine Retailers since 
licensed have paid the said duty of Twelve shillings, & 
others have not and ivho cannot regularly now be compelled 
by laio to pay, and all payments in this respect ought to be 
onade on equal principles ; Therefore 

Be it further Enacted, that in all cases wherein any Re- 
tailer has since the first day of July last paid the said duty 
of twelve shillings, the same shall be repaid to him or her, 
and the several Clerks of the Courts of General Sessions 
of the Peace, Collectors of Excise in the several Counties 
and the Treasurer of this Commonwealth are hereby di- 
rected to govern themselves accordingly ; and that the 
said Clause in the said Act for levying, collecting & pay- 
ing the said duty of Twelve Shillings be, and the same is 
hereby repealed. 

And whereas it is further provided by an Act passed 
the second day of July, seventeen hundred & eighty-five, 
that a duty of Six Pounds shall be paid for every admis- 
sion of any person to practise as an Attorney in a Court 
of Common pleas ; and whereas it appears that persons 
have been admitted, so to practise in several Counties 
without paying the same — Therefore 



Acts, 1794. — Chapters 47, 48. 93 

Be it Enacted by the Authority aforesaid, that the Auomey-Gen- 
Attorney General of this Commonwealth be, and he is 
hereby authorized and directed to take measures to enforce 
payment of the said duty in the [the] several cases wherein 
persons have been admited so to practice without paying 
the said duty. 

And be it further Enacted that no person shall in future pay^tTefr duties 
be admitted to the Oath of an Attorney in any Court till of office. 
he shall have produced from the Clerk of said Court a 
certificate that he has paid the duty aforesaid. 

Approved February 26, 1795. 



1794. — Chapter 47. 

[January Session, ch. 23.] 

AN ACT ESTABLISHING AN ADDITIONAL TERM FOR HOLDING A 
COURT OF COMMON PLEAS & GENERAL SESSIONS OF THE 
PEACE WITHIN & FOR THE COUNTY OF MIDDLESEX. 

Be it Enacted by the Senate & House of Representatives 
in General Court Assembled <& by the authority of the 
same, that from & after the passing of this act, there shall 
be a Court of Common Pleas & a Court of General Ses- 
sions of the Peace holden at Concord within & for said 
County of Middlesex on the Third Tuesday of May, annu- 
ally, in addition to those already established l)y law. 

Ap-proved February 27, 1795. 

1794. — Chapter 48. 

[January Session, ch. 24.*] 

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT PRO- 
VIDING FOR THE PAYMENT OF COSTS IN CRIMINAL PROS- 
ECUTIONS, AND FOR PREVENTING UNNECESSARY COSTS 
THEREIN." 

Be it Enacted by the Senate, and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that the charges of suppoiting prisoners com- prisoners to be 
mitted by due process of Law, unable to support them- the c'o'^mmon- 
selves, who have since the first day of May one thousand wealth, 
seven bundled and ninety three, now are, or hereafter 
may be confined in any Goal upon charge or conviction 
of crimes and offences committed against the said Com- 
monwealth, shall be and hereby are made the proper 

* Numbered 26 in session pamphlet. 



94 



Acts, 1794. — Chapter 48. 



Proviso. 



County Treas- 
urer to charge 
the Common- 
wealth. 



charges thereof — Provided, however, that in no case, shall 
there be allowed by the Commonwealth more than at the 
Rate of five shillings a week for any such prisoner, or 
more than the actual charges incurred for his support, 
being less than that sum : And the said charges shall be 
examined, allowed, and paid as follows, to wit, the Goal 
keeper of each Goal in the Commonwealth shall render on 
oath to the Court of General Sessions of the peace of the 
County at each terra thereof, an account of the charges 
incurred for the support of prisoners in the respective 
Goals, committed as aforesaid, stating therein the time 
when each prisoner w^as committed, for what otfence, how 
long held, and when discharged (if discharged) and shall 
exhibit the warrants of commitment and discharge, and 
leave copies thereof with the said Court, and in the same 
account, the said Goal-keeper shall credit all monies and 
effects whatever received, or to be received of the prisoner, 
or of any persons on his account ; and the said Court shall 
examine the said account, and enquiie what part thereof 
the prisoner may be able to pay ; and for such part as he 
shall be found uuable to pa}', the said court shall make a 
reasonable allowance to the said Goal-keeper, to be paid 
out of the County Treasury. 

And be it further Enacted by the Authority aforesaid. 
That every County Treasurer, shall and may charge to the 
Commonwealth not exceeding the Rate aforesaid, the 
several sums he shall so pay out of the County Treasury, 
with two and a half per Cent for their services, and shall 
include the same in the accounts, which they are required 
to render to the Treasurer of the Commonwealth, in and 
by the act, to which this is in addition, and said pay- 
ments shall make part of the debit of said accounts against 
the Commonwealth to be settled, allowed, and discharged 
as in said act is provided. 

And be it further Enacted, that it shall be the duty of 
every County Treasurer, in addition to the accounts re- 
quired by the act aforesaid to be exhibited, to make out 
and exhibit on the first monday in June next to the Gov- 
ernour and Council, a general account of their proceedings 
pursuant to said act, therein crediting the Commonwealth 
for all monies by them respectively received by warrants 
on the Treasury, or for fines, forfeitures, and bills of cost, 
and from whom, and in the same account charging the 
Commonwealth for all payments by them actually made 



Acts, 1794. — Chapter 49. 95 

before that time, and the Balance due, if any, to credit to 
the Com tnon wealth in a new account ; and every County 
Treasurer shall at the same time, make out and transmit 
as aforesaid an account of all sums due, and to whom, on 
any bills of cost allowed, and taxed by the supreme judi- 
cial Court, and also an account of all tines, and forfeitures 
and bills of cost within their Counties respectively which 
belong to the Commonwealth and which may be then re- 
maining unpaid, and from whom the same shall be due, 
and shall afterwards on the first monday of June annually 
make out and exhibit a like General account with the Com- 
monwealth of their receipts and payments for the year 
preceeding accompanied with like statements as above 
mentioned of the ballances remaining due, bills of cost 
allowed and taxed, and fines and forfeitures remaining un- 
paid as aforesaid, and shall be further held to make out 
and exhibit such other statements, accounts and returns 
as the Governour and Council shall judge to be necessary, 
or expedient for a just and accurate settlement of said 
Treasury transactions with the Commonwealth under this 
act, and the act to which it is in addition, and as the said 
Governour and Council shall from time to time require. 

And be it farther Enacted, that an act passed in the Act repealed. 
Year of our Lord one thousand seven hundred and ninety 
three entitled "an Act providing for the suppoit of poor 
persons, while confined in Goal upon charge, or convic- 
tion of ofiences against this Commonwealth" be and 
hereby is repealed. Approved February 27, 1795. 

1794. — Chapter 49. 

[January Session, ch. 25.] 

AN ACT SETTING OFF SAMUEL SPARHAVVKE OF CAMBRIDGE 
IN THE COUNTY OF MIDDLESEX FROM THE SOUTH PARISH 
IN CAMBRIDGE & ANNEXING HIM & HIS ESTATE TO THE 
FIRST PARISH IN SAID TOWN. 

Be it enacted by the Senate & House of Representatives 
in General Court Assembled tC bij the authority of the 
same, that the said Samuel Sparhawke & the estate now s. sparhawke 
in his possession of which his late Father died seized be- ^®*'°^- 
longing to the said South parish in Cambridge be & hereby 
is set ofl' from the said South parish & annexed to the first 
parish in said Town ; provided always, that this Act shall Proviso. 
not include four acres of Land which in the life time of 



96 Acts, 1794. — Chapter 50. 

his father Samuel Sparhawke was considered as belonging 
to said South Parish, nor any other Estate of which the 
said Samuel Sparhawke or his heirs may be seized or 
possessed, other than that of which his late Father died 
seized. _ Approved February 27, 1795. 

1794. — Chapter 50. 

[January Session, ch. 26.] 

AN ACT TO INCORPORATE THE PLANTATION OF NUMBER FOUR 
IN THE COUNTY OF WASHINGTON INTO A TOWN BY THE 
NAME OF STEUBEN. 

£e it enacted hy the Senate, and House of Representa- 
tives in General Court assembled and by the aiUhority of 
Boundaries. ^^^ ^^^^^^ ^.j^^j. ^^^ plantation of Number four in the 

County of Washington bounded as foUoweth, to wit ; — 
beginning at Parett's stream, where it empties into Whit- 
ten, and Parrett's bay at a well known boundary between 
Gouldsborough, and said plantation and from thence run- 
ning North live miles one hundred and ninety two rods to 
a corner, then East four miles one hundred and forty rods 
to a corner, then south six miles to Pigeon Hill-Bay, then 
southerly on the shore to Titraenan point ; thence North- 
erly on the Easterly shore of Dyer's Bay so called to the 
head of said Bay; — then southerly down the westerly 
side of said Bay to Dyer's point ; then Northerly by the 
Westerly Shore to the bounds first mentioned, and also a 
small island called Titmenan lying a little more than one 
mile from Titmenan point, together with two more small 
islands lying in said Dyer's Bay, with the inhabitants 
thereon be and they hereby are incorporated into a Town 
by the name of Steuben ; and the said Town is hereby 
vested with all the powers, privileges and immunities 
which other Towns in this Commonwealth do or may by 
law enjoy. 

And be it further Enacted by the authority aforesaid, 
that Alexander Campbell Esqr. be and he hereby is em- 
Aiexander powci'ed to issuc his Warrant directed to some suitable in- 
to issue warrant habitant of said Town requiring him to warn a meeting 
of the inhabitants thereof to meet at such time and place 
as shall be expressed in such warrant, for the purpose of 
choosing such Town officers as other Towns are empow- 
ered to choose in the Month of March or April annually. 

Ax)p)roved February 27, 1 795. 



Acts, 1794. — Chapter 51. 97 

1794. — Chapter 51. 

[January Session, ch. 27.] 

AN ACT, REPEALING TWO CLAUSES IN AN ACT, INTITLED "AN 
ACT FOR ALTERING THE PLACE OF HOLDING ONE TERM OF 
THE COURT OF COMMON PLEAS, AND COURT OF GENERAL 
SESSIONS OF THE PEACE IN THE COUNTY OF LINCOLN, AND 
FOR ESTABLISHING AN ADDITIONAL TERM OF THE SAID 
COURTS, WITHIN THE SAME COUNTY. 

Whereas in the second enacting clause in said Act it P'"eambie, 
is Enacted, That when and so often as any action, or 
Actions shall be entered, and prosecuted at the Court of 
Common Pleas to be holden at Hallowell in said County 
of Lincoln by any inhabitant, or inhabitants of the said 
County against any person, or persons, who at the time of 
the Commencement thereof shall be an inhabitant, or in- 
habitants of that part of said County which lies to the 
Eastward of Damascotty River, and Damascotty Great 
Pond, so called, the justices of the Court shall. Ex Officio, 
continue every such action or Actions, to the then next 
Court of Common pleas to be holden at Pownalborough 
as aforesaid, unless the Defendant or Defendants shall by 
him or themselves or Attorney consent to a Trial — And 
ivhereas in the third enacting clause in said Act it is en- 
acted. That when and so often as any action or Actions 
shall be entered, and prosecuted at the court of common pleas 
to be holden at Waldoboroiigh as aforesaid by any inhabi- 
tant or inhabitants of the said County against aiiy person, 
or persons who at the time of the Commencement thereof 
shall be an inhabitant, or inhabitants of that part of said 
County ivhich lies to the Westivard of Sheepscott River, so 
called, the justices of the same Court shall. Ex officio, con- 
tinue every such Action or Actions to the then next Court of 
Common Pleas to be holden in Pownalborough aforesaid, 
except as in the preceeding clause in this Act is excepted ; 
Which two Clauses aforesaid have been found by experi- 
ence to opperate very injuriously; — 

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 two Clauses above men- Act repealed. 
tioned be and they are hereby repealed. 

Approved February 27, 1795. 



98 



Acts, 1794. — Chapter 52. 



Inspector of 
Nails to be 
appointed. 



His duty. 



Proviso. 



1794. — Chapter 52, 

[January Session, ch. 28.] 

AN ACT IN ADDITION TO THE ACT FOR REGULATING THE MANU- 
FACTURE OF NAILS WITHIN THIS COMMONWEALTH, MADE 
AND PASSED THE TENTH DA.Y OF MARCH ^iVJVO Z)03f/iVZ ONE 
THOUSAND SEVEN HUNDRED AND NINETY ONE. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that the Governor hy and with the advice and 
consent of Council be, and hereby is empowered to ap- 
point in the town of Boston one suitable person to be In- 
spector of Nails, whose duty it shall be to examine every 
cask of Nails which shall be brought to him for inspection, 
by opening such casks, turning out the nails, weighing 
them, and ascertaining that they are of good quality, as 
to the iron of which they are made, nnd workmanship, & 
conformable to the assize established by an Act made and 
passed the tenth day of March A D one thousand seven 
hundred and ninety one, for regulating the manufacture 
of Nails within this Commonwealth ; & it shall also be the 
duty of such Inspector to see that the Casks in which such 
Nails may be, shall be well made of sufficient strength, 
and well lined at both heads ; the whole Casks to be 
secured with eight or more good hoops, and to contain 
not less than three hundred pounds weight nor more than 
four hundred ; and the half casks to be secured by six 
good hoops at least. And in case any Cask examined by 
the said Inspector shall be unfit for use, in his opinion, 
the same shall l)e condemned by him ; & if any Hoops be 
wanting to make up the aforesaid number, in case the cask 
be otherwise fit for use, the said Inspector shall put on 
the deficient hoops, at the expence of the seller : And 
provided the said Inspector shall find such Nails and casks 
conformable to the assize and quality herein before di- 
rected, or not falling short of the same more than tender 
centum in value or numbers of each kind, in proportion to 
the weight in his opinion, then, and not otherwise, he 
shall mark upon each cask the gross weight and tare with 
marking irons, & shall stamp or brand thereon the kind 
and quality of the nails, distinguishing them by the first 
or second sort, according to his judgment ; provided hoiv- 
ever that the foregoing regulations respecting the size of 
Casks may be dispensed with for nine months from & after 
the passing of this Act. 



Acts, 1794. — Chaptek 52. 99 



And he it further Enacted by the authority aforesaid, 
that the Inspector to be appointed as aforesaid be, and inspector im- 

1 . 1 • T 1 • -I A • "j^i • powered to ap- 

hereby is authorized and mipowered to appoint within any point Deputies. 
town in this Commonwealth from which Nails are usually 
exported, where he may judge it requisite, or where the 
Selectmen thereof, may require it, a Deputy or Deputies, 
who are hereby authorized & impowered to do and per — their duties. 
form all the duties incumbent on the said Inspector by law, 
within their respective towns; & the said Inspector, & 
his Deputies shall give bonds to the Commonwealth, with 
sufficient sureties in the opinion of the Governor and 
Council, & in such sum as they may direct, and shall also 
be under oath for the faithful I discharge of the duties of 
their office, previous to their exercising such duties re- 
spectively ; and the bonds so given shall be lodged in the 
public Treasury. 

And be it further Enacted, that from and after the first P'-o'^lt-'tion & 

•^ ' , forfeiture. 

of December next, no person or persons shall export irom 

this Commonwealth by land or water any cask or casks of 

Nails, not inspected, marked and branded as aforesaid, 

as of the first sort upon pain of forfeiting a sum equal to 

the value of each and every cask of Nails so exported, to 

be sued for, and recovered by action of debt in any Court 

of record proper to try the same, one half thereof to the 

use of the prosecutor and the other half to the use of the 

poor of the town from whence such Nails were exported ; Masters of Ves- 

and the same penalty may & shall be recovered in like 

manner, from any Master of any Vessel, who shall take 

on board, or suffer to be taken on board for exportation, 

& also from any Wagoner or other person, who shall 

transport from this Commonwealth any cask or casks of 

Nails not inspected, marked and branded as aforesaid. 

And be it further Enacted that the said Inspector or his inspector's fees. 
Deputy shall receive for every whole cask of Nails, which 
he may inspect as aforesaid the sum of twenty cents, and 
for every half ca.-k so inspected the sum of twelve cents, 
and no more, to be paid by the purchaser thereof; and 
the same fees for every cask or half cask which may be 
inspected and found deficient with respect to the assize 
aforesaid, to be paid by the person offering the same for 
inspection. 

And be it further Enacted that if the said Inspector or ^"gPf^g"/^^""- 
his deputy shall on application made for the examination neglect. 
of any cask or cask[s] of Nails as aforesaid, unreason- 
ably neglect, refuse or delay to proceed to such examina- 



100 



Acts, 1794. — Chapter 53. 



— To make 
returns at cer- 
tain times. 



Penalty. 



Act not to 
affect the manu- 
facture from 
cold iron. 



tion and inspection, he shall forfeit and pay for each and 
every such oflence the sum of four dollars to be recovered 
and applied in manner as is herein before directed. 

And be it further Enacted that it shall be the duty of 
the several Deputy Inspectors appointed by virtue of this 
act, once in three months or oftener, if thereto required, to 
make returns to the Inspector of the number of casks and 
half casks of Nails by them inspected, & the inspector 
shall once in every year or oftener if thereto required, 
make returns to the Governor & Council of the whole 
number inspected in the Commonwealth. 

And he it further Enacted that if any person shall 
counterfeit any brand, belonging to, or proper to be used 
by the said Inspector or any of his Deputies, or shall im- 
press or brand any cask of Nails with any brand of such 
Inspector, or his Dei)uty, or with any counterfeited brand 
as aforesaid, or empty the Nails out of any cask branded 
by the Inspector or his Deputy, and put into said cask, 
any nails of difierent quality for sale or exportation, each, 
person so offending, shall for each cask forfeit and pay 
the sum of ten dollars, to be recovered and applied in 
manner as is herein before directed. 

And be it further Enacted that nothing in this Act shall 
be considered as affecting the sale or manufacture of nails, 
which shall be cut from cold iron, and so much of the law 
to which this is an addition, as may be inconsistent here- 
with be, and hereby is repealed; saving that any prose- 
cutions which may have been commenced for breaches of 
the said law, shall be continued, & carried on to final 
judgment and execution, in the same manner, as though 
this Act had not passed. Approved February 27, 1795. 



Justices em« 
powered. 



1794. — Chapter 53. 

[January Session, ch. 29.] 

AN ACT, IN ADDITION TO AN ACT DEFINING THE GENERAL 
POWERS AND DUTIES, AND REGULATING THE OFFICE OF 
SHERIFFS. 

Be it Enacted by the Senate & House of Representatives 
in General Court assembled, S by the Authority of the 
satne, That the Justices of the several Courts of Common 
Pleas, be and hereby are authorized & required, in the 
Term of said Court which shall be held in course in the 
several Counties, on or next after the last Tuesday of 
June annually, to consider of the sufficiency of the Secu- 
rity given by the Sheriffs in their respective Counties ; 



Acts, 1794. — Chapter 54. 101 

and in case they shall find & determine the same to be in- 
sufficient, they shall cause a record to be made of such 
Determination, by the Clerk, and shall also cause the 
Sheriff', whose Security shall be found insufficient, to be 
served with an attested Copy of said record, and shall 
require him to procure and give new security to the satis- 
faction of said Justices, on or before the Term of the 
Court next following the Term in which said insufficiency 
shall be recorded as aforesaid. 

And be it further Enacted by the Authority aforesaid, 
that if any Sheriff shall neolect to give security as re- Forfeiture of 

.~..'-' ,. Sheriffs in ne- 

quired by the Act, to which this is an addition, or shall giecungto 
neglect to give the new Security, which may be required s'^^ ^^*'""*y- 
by the Justices of the Court of Common Pleas in his 
County, pursuant to this Act, he shall forfeit and pay to 
the use of the Commonwealth, the sum of One Hundred 
& fifty dollars for each month's neglect, to be recovered 
by action of Debt in any Court proper to try the same ; 
and it shall be the duty of the Attorney General to pros- 
ecute for the same ; and the name of such Sherifl', neglect- 
ing to give or renew his Security as aforesaid, shall be 
certified by the Court of Common Pleas in his County to 
the Governor and Council and also to the Attorney Gen- 
eral ; and the Governor with the Advice of Council, shall 
thereupon remove such Sheriff from his Office and ap- 
point some other person in his stead; unless reasonable Liable to re- 
cause to the satisfaction of the Governor & Council shall ^°^^ ' 
be assigned for said neglect, and unless such Sheriff whose 
name and neglect shall be certified as aforesaid, shall give 
or renew his security, as the case may be, to the satisfac- 
tion of the Governor & Council, within Twenty days after 
the said Certificate shall be made as aforesaid. 

And be it further Enacted by the Authority aforesaid, 
that that part of the first enacting Clause in the Act to Part of an Act 
which this Act is in addition, by which all services done ^^^^^^ ' 
by any Sherift', in case of neglecting to give security after 
the time therein limited, are rendered null & void, be and 
hereby is repealed. Approved Fehrxiary 27, 1795. 

1794. — Chapter 54. 

[January Session, ch. 30.] 
AN ACT FOR APPOINTING INSPECTORS OF LIME. 

Be it enacted by the Senate & House of Representatives 
in General Court Assembled <& by the authority of the 



102 



Acts, 1794. — Chapter 55. 



Inspectors of 
Lime to be ap- 
pointed. 



— their duties. 



Lime to be 

inspected and 
branded at the 
kiln. 



same, .that there shall be chosen in each Town in this 
Commonwealth where lime is imported by water at their 
annual meetings an Inspector of Lime whose duty it shall 
be to inspect all Stone Lime imported or brought into 
their respective towns or districts in Casks for Sale, & 
who shall have power when they judge it expedient to 
open any cask containing Lime to view the same ; & it 
shall be their duty to see that the Law intitled, " An Act 
ascertaining the quality of Stone Lime, & the size of Lime 
casks, & for repealing all Laws heretofore made relative 
thereto," passed in the year of our Lord one thousand 
seven hundred & ninety four, be in all respects observed ; 
& to prosecute all offences against the same, & they shall 
be under oath for the faithful performance of their duty — 
And such Inspector shall have right to demand & receive 
of every importer of Stone Lime as aforesaid for every 
cask of lime inspected as aforesaid the sum of three pence 
& no more. 

Be it further enacted, that each Town within this Com- 
monwealth in which Lime is manufactured at their annual 
meeting shall also chuse Inspectors, whose duty it shall 
be to inspect all the Lime manufactured within said town 
at the time it is filled at the Kiln, & brand each Cask in 
which the same is put with his name, the name of the said 
Town & the word ; — Inspected — And he shall receive 
five cents from the proprietor of the Kiln for each cask so 
branded : — And all Inspectors appointed in pursuance of 
this act shall be under Oath for the faithful performance 
of the Trust reposed in them. 

Approved February 27, 1795. 



1794. — Chapter 55. 

[January Session, ch. 31.] 

AN ACT FOR INCORPORATING LUTHER EAMES & OTHERS INTO 
A SOCIETY, FOR THE PURPOSE OF BRINGING FRESH WATER 
INTO THE TOWN OF BOSTON BY SUBTERRANEOUS PIPES. 

Preamble. Whcreas LutJiev Eames, JSTatJian Bond & William 

Page, have petitioned the General Court, setting forth that 
they Iiave the p)riviledge of certain fresh waters in Rox- 
bury, which they can bring into the toivn of Boston, for 
the use of the inhabitants thereof, and praying that they 
and their Associates may be vested ivith corjwrate powers, 
for the management, and direction of that business; 



Acts, 1794. — Chapter 55. 103 

Be it therefore Enacted by the Senate and House of 
Representatives in General Court assembled <& by the au- 
thority of the same, that the said Luther Eames, Nathan Persons incor. 
Bond and William Page, and all such persons as are or p""""® 
shall be associated and interested with them in the purpose 
of bringing fresh water into Boston as aforesaid, and their 
successors, l)e & hereby are incorporated into, & made a 
body politic for the purpose of bringing fresh Water into 
Boston hy subterraneous pipes, and as such shall have full 
power & lawful authority to bring from any part of the 
town of Koxbury into the town of Boston, and into any 
street in the same town, all such fresh water, as they the 
said Luther Eames, Nathan Bond and William Page, & fujhTity""'^ 
their associates, or any, or either of them, in their private 
and natural capacities, now have, or hereafter shall have 
a right to dispose of, or to convey from the springs, or 
sources thereof; and the said Corporation shall have full 
power and lawful authority to open the ground in any 
part of the streets and highways in the towais of Roxbury 
and Boston, for the purpose of sinking and repairing such 
pipes and conductors, as may be necessary to sink for the 
purpose aforesaid — jjrovided that the same highways and Proviso, 
streets shall not be opened by the said Corporation, in 
such manner as to obstruct or hinder the citizens of the 
Commonwealth from passing therein, with their teams and 
cariages, with convenience ; and that the said Corpora- 
tion after the o})ening the ground in any of the said streets 
or ways, shall be held to put the same again in repair, 
under the penalty of being prosecuted for a nuisance : and 
provided also, that nothing in this act shall be construed to 
give the said Corporation a right to enter upon the cor})o- 
rate or private estate of any person whatever, unless it 
be done by free and voluntary contract of the proprietor 
of such estate ; or to give the said Corporation authority 
to draw w^ater out oft' Jamaica pond, or from any other 
place which the members thereof or some of them shall 
not have a right to draw oft' in their natural capacities inde- 
pendently of this Act or to aftect, alter or impair any i 
right, claim or interest which the town of Roxbury or 
any inhabitants thereof have, or may have in, or to the 
waters of said Jamaica pond; and that this act, or any Persons injured 
thing therein contained shall not be construed to prevent ma*y flnd^e!"^^^* 
any person, who shall be injured in his estate immunity co^Vrltkm. 
or priviledge, by any act or proceeding of said Corpora- 



104 



Acts, 1794. — Chapter 55. 



— Empowered, 



tion, or any of its members or servants from his action 
against the members of the said Corporation, in their 
corporate or individual capacities, in the same manner, 
and to all intents and purposes as though this act had 
never been passed. 
Corporation j^g {i further Enacted by the authority aforesaid that 

may receive & >^ •-' • i 

hold real estate, the Said Corporation, shall have power to receive & hold 
such real estate, as may be necessary for the purposes of 
its institution, provided the same never exceed the sum 
of thirty three thousand dollars. 

Be it further Enacted that the Corporation shall have 
power to choose a President, Secretary & Treasurer annu- 
ally ; & to fill up all vacancies, which may happen in 
those offices, when they or any of them shall become 
vacant ; and also to choose annually five directors, to 
manage the prudential business of the Corporation, and 
shall have power from time to time, to assess such taxes, 
as the said Corporation shall deem to be necessary on the 
shares of the same Water works ; and on neglect or re- 
fusal to pay such taxes, to sell such shares at vendue, for 
the payment thereof, after advertising the same in two 
of the Boston Newspapers for the space of twenty days 
previous to the sale, paying the overplus, if any there be 
after the payment of such taxes, and the charges of sale, 
to the owner of the share or shares so sold. 

And he it Enacted that the same "Water works shall be 
divided into one hundred shares, each of which shall give 
a right to one vote, in the business of the Corporation, 
pi'ovided that no one person shall have more than ten 
votes, & no vote shall be considered as legal, unless the 
same shall be passed at a meeting duly warned, in manner 
prescribed in this act, and that the President, or vice 
president and five proprietors shall be present. 

And he it further Enacted, that the said Corporation 
shall have a common seal, & shall have power to sue, & 
be liable to be sued like other Corporations. 

And he it further Enacted that the towns of Boston and 
Roxbury severally shall have the privilodge of placing 
conductors into the pipes or conductors laid by the said 
Corporation, for the purpose of drawing such water there- 
from, as may be necessary when any Mansion house. 
Barn, or other building shall be on fire in either of the 
said towns, and to draw water therefrom on such occasion, 
without paying the said Corporation any price therefor ; 



Water works 
to be divided 
into shares. 



Privilege of the 
inhabitants. 



Acts, 1794. — Chapter 56. 105 

provided that such town shall be held to secure such con- 
ductor so placed, by the same, in such manner that water 
cannot be drawn therefrom, unless by the orders of the 
Selectmen, or Fire- wards of the town where the same 
may be placed. 

And be it Enacted that all contracts made by the said fJ^Sl'bindrnl^^ 
Corporation for supplying any of the inhabitants of either 
of the said towns, or any other person, with water, from 
the said Water works, shall be mutually binding on both 
parties, and that actions may be supported thereon ; and 
that if any person shall maliciously, or wantonly injure 
the said Water works, he or she may be punished by fine Penalties, 
on conviction thereof in the Supreme Judicial Court on 
Indictment, at the discretion of the same Court, one half 
thereof to the prosecutor and the other to the use of the 
town where the oflence is committed, and shall be liable 
to pay treble damages to the Corporation, to be recovered 
by action of the case. Provided that nothing in this act Proviso, 
shall be con [s] trued to restrain the General Court from 
hereafter regulating the price of the said Water to the said 
inhabitants, if the said Court shall judge fit. 

And he it further Enacted that James Sullivan Esqr. j.suiiivan.Esq. 
upon the application of the said Eames, Bond & Page ""p°^^''^ • 
shall be impowered to call the first meeting of the said 
Corporation by a notification in one of the Boston News 
papers fourteen days previous to such meeting, and that 
the Corporation, at such meeting, shall agree on the mode 
of calling future meetinos. 

Ap2Woved February 27, 1795. 

1794.— Chapter 56. 

[January Session, ch. 32.] 

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

Whereas George Folger junr. Thomas Ooffin junr. & Preamble. 
others have in their petition to this Court proposed to raise 
a fund for the Establishment of a Bank at JSFantucTcet, and 
it appeal's that such an Institution under suitable regula- 
tions may be advantageous to the trade and Commerce of 
that Island: 

Be it Enacted by the Senate & House of Representatives 
in General Court assembled and by the Authority of the 
same, That George Hussey, Alexander Gardner, Joseph ^o^^^t'e'd tor"^" 
Chase, William Coffin, Abner Coffin, Jethro Starbuck limited time. 



106 



Acts, 1794. — Chapter 56. 



Corporate 
name. 



Amount of the 
Capital Stock. 



Stockholders 
empowered. 



Proviso. 



Junr. Josiah Barker Junr. Albert Gardner, John Cart- 
wright, Silvanus Macy junr. George Folger junr. & 
Thomas Coffin, junr. their Associates, Successors & 
Assigns, Shall be & they hereby are created a Corpora- 
tion & body politic by the name & stile of the President 
& Directors of the Nantucket Bank ; and shall so continue 
from the first day of May next untill the expiration of ten 
Years next following and by the Name aforesaid the said 
Corporation shall be and hereby are made capalile in Law 
to sue & be sued, plead & be impleaded, answer & be 
answered unto, defend & be defended, in Courts of Record 
or any other place 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 bye laws. Ordinances & regula- 
tions as to them shall seem necessary and Convenient for 
the government of said Corporation and the prudent 
management of their Affairs ; provided such bye Laws 
shall be in no wise contrary to the Laws & Constitution 
of the Commonwealth. And the said Corporation shall 
be always subject to the rules, restrictions, Limitations & 
provisions herein prescribed. 

Be it fartlier Enacted hy the Authority aforesaid, that 
the Capital Stock of said Corporation shall consist of a 
sum not less than forty thousand, nor more than One 
hundred Thousand dollars in Specie, and shall be divided 
into shares of one hundred Dollars each ; and the Stock- 
holders at their first meeting shall by a majority of Votes 
determine the amount of the payments to be made on 
each share and the times that each payment shall be made ; 
also the mode of transferring and disposing of the Stock & 
Profits thereof; which being entered on the books of said 
Corporation, shall be binding on the Stockholders, their 
Successors & Assigns ; provided however, that the pay- 
ments so agreed to be made, shall not form a Stock of 
more than One hundred Thousand Dollars nor less than 
Forty thousand dollars as aforesaid, and shall be paid in 
by the following installments — One third part on or be- 
fore the first day of May next — One other third part on 
or before the first day of February next ; and the remain- 
ing third part on or before the first day of November, 
One thousand, seven hundred, & ninety six ; and that no 
Stockholder shall be allowed to borrow at said Bank at, 
or after, any Installment shall become due, untill he shall 



Acts, 1794. — Chapter 56. 107 

have paid his full proportion of such Installment : And in 
case any of the Stockholders in said Corporation shall 
fail to compleat their future payments, they shall forfeit 
their former payments to the use of the Corporation. 

Be it further' Enacted by the Authority aforesaid, that 
the following rules, regulations, restrictions, limitations & 
provisions, shall form and be the fundamental articles of 
the Constitution of said body politic vizt. 

First, the said Corporation shall not owe at any one Fundamental 
time more than twice the amount of their Capital stock in constitution.^ 
addition to the simple amount of all monies actually de- 
posited in said Bank, for safe keeping ; and incase of any 
Excess, the Directors under whose Administration it shall 
happen, shall be liable for the same in their private Ca- 
pacity : but this shall not be construed to exempt said 
Corporation from being also liable for and chargeable 
with such excess. 

Second, That said Corporation shall not use or improve 
any of their monies, goods, chattels or eftects 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. 

Third, that for the well ordering of the affairs of said 
Corporation a meeting of the Stockholders shall be held 
at such place as the Stockholders shall direct, on the first 
monday in January annually, & at any other time during 
the continuance of said Corporation, at such House and 
at such an Hour of the day, as shall be appointed by the 
President & Directors for the time being, by a Notification 
one week previous to the time appointed for such Meet- 
ing : at which annual Meeting there shall be chosen by 
ballot, Twelve Directors, who shall continue in Office the 
year ensuing their Election. 

Fourth, None but a Member of said Corporation being 
a Citizen of this Commonwealth & resident therein, shall 
be eligible for a Director or Cashier. 

Fifth, No Stockholder in said Bank shall be qualified to 
vote in the election of the Officers 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 Stock- 
holders thus qualified, shall vote in proportion to their 
property in the following ratio ; that is, every Stock- 
holder of One hundred Dollars, shall have one vote : and 
every two hundred dollars above one hundred dollars, 



108 Acts, 1794. — Chapter 56. 

shall give a right to one vote more ; provided no one 
member shall have more than Ten votes, and absent mem- 
bers may vote hy 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. 

Sixth, The Directors shall choose one of their own num- 
ber to act as President. 

Seventh ; 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. 

Eighth, Not less than seven Directors shall constitute a 
Board for the Transaction of Business, of whom the Presi- 
dent shall always be one, except in case of sickness or 
necessary absence ; in which case, the Directors present 
may choose a Chairman for the time being. 

Ninth. Not more than three quarters 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 reelected. 

Tenth, 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 ten thousand dollars, with conditions for the faithful 
discharge of the duties of his Office. 

Eleventh ; All Bills issued from the Bank aforesaid & 
signed by the President, shall be binding on said Corpora- 
tion ; but it shall not be lawful for them to issue any Bills 
of a less Denomination than Two Dollars. 

Twelfth ; the Directors shall make half 3'early Divi- 
dends of all the profits, premiums and interests of the 
Bank aforesaid. 

Thirteenth ; the Directors shall have power to appoint 
a Cashier, Clerks, and such Officers for carrying on the 
business of the Bank, with such salaries as to them shall 
seem meet. 

And whereas it is repugnant to the principles of a free 
Government, that the property of any of it's Citizens 
should be placed out of the reach of their just Creditors : 
oMndivkfJaT -^^ *^ fuHhev Enacted by the Authority aforesaid, that 

Members in the the property of every individual Member of said Corpora- 
liabieforthe tiou, vcstcd in Said Cor})orate funds, shall be liable to 
debtT°'° ^"^* attachment, and to the payment & satisfaction of his just 



Acts, 1794. — Chapter 56. 109 

debts to any of his bona fide Creditors, in manner follow- 
ing ; vizt. in addition to the summons by Law prescribed 
to be left with the Debtor, a like summons shall be left 
with the Cashier of said Bank, and the Debtor shares in 
the said Corporate funds together with the interest and 
profits due, and growing due thereon, shall thereby be 
held to respond .said suit according to Law ; and all Trans- 
fers of the debtor-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 pro- 
vided where personal Estate is taken in Execution ; and 
it shall be the duty of the Officer who extends such Exe- 
cution, to leave an attested Copy thereof, with his doings 
thereon, with the Cashier of said Bank ; and the purchaser 
shall thereon be entitled to the reception of all Dividends 
and Stock, and to the same privileges as a Member of 
said Corporation, that the Debtor was previously entitled 
to ; and upon any Attachment being made, or Execution 
being levied on any Shares in said Bank ; it shall be the 
duty of the Cashier of said Bank, to expose the books 
of said Corporation to the Officer, and so 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. 

Be it further Enacted hv the Authoritii aforesaid, that committee of 

fc/ •/ ' the Lesislature 

any Committee specially appointed by the Legislature for have power to 
the purpose, shall have a right to examine into the doings do"^B°of tL 
of said Corporation, and shall have free access to all corporation. 
their l)ooks ; and if upon the report of said Committee it 
shall be found, and after a full hearing of said Corpora- 
tion thereon be determined by the Legislature, that said 
Corporation have exceeded the powers herein granted 
them, or failed to comply with any of the rules, restric- 
tions and Conditions in this Act provided — their Incor- 
poration shall thereupon be declared forfeited & void ; 
and the same shall be announced by proclamation from 
the Supreme Executive Authority of the Commonwealth. 

Be it further Enacted by the Authority/ aforesaid, that Persons author. 

*^ «y »/ ' ized to C3>1J Ht 

the persons herein before named, or any three of them, meeting. 
are authorized and empowered to call a Meeting of the 
members & Stockholders of said Corporation, as soon as 



110 



Acts, 1794. — Chapter 57. 



Preamble. 



may appear to them necessary, for the purpose of their 
electing their first Board of Directors. 

A7id be it further Enacted by the Authority aforesaid, 
tmnsmTtoVe ^^at it shall be the duty of the Directors of said Bank, 
Executive accu- to transmit to the Governor & Council of this Common- 
wealth lor the time bemg, once in six months at least, 
and as much oft[e]ner as they may require, accurate and 
just Statements of the amount of tiie Capital Stock of 
said Corporation, and of debts due to the same ; of the. 
monies deposited therein ; of the notes in circulation and 
of the Cash on hand ; which statements shall be signed by 
the Directors &, attested by the Cashier. 

And whereas in the Act for incorporating and establish- 
ing the Union Bank in the Town of Boston, it is provided 
that the '■''Directors may at any future period establish 
Offices for the purpose of Loans, Discount and Deposit in 
such other Toums within this Commonwealth, and commit 
the management thereof to such persons, and under such 
regulations as to the Directors shall seem proper and ad- 
viseable." 

Be it Unacted by the Authority aforesaid that if the 
Subscribers to the Bank by this Act established, shall be- 
fore the said first day of May next, apply to the Directors of 
[ofj the said Union Bank, to establish a branch or office 
of said Union Bank on the Island of Nantucket, for the 
purposes aforesaid, and the said Directors shall agree to the 
same, that then and in that case, the said Branch or Office 
of said Union Bank, shall be substituted for the Imnk by 
this Act established and wholly supercede the same ; and 
the Capital Stock of said Union Bank shall and may be 
encreased in and by such sum or sums as shall be mutually 
agreed by and between said Directors & said Subscribers, 
to be used and applied on the Island of Nantucket for the 
purposes aforesaid, not exceeding the sum of One Hun- 
dred thousand Dollars. Approved February 27, 1795. 



Branch to the 
Union Banii 
may be estab- 
lished. 



1794. — Chapter 57. 

[January Session, ch. 33.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED STERLING 
IN THE COUNTY OF LINCOLN INTO A TOWN BY THE NAME OF 
FAYETTE. 

Be it Enacted by the Senate <& House of Representatives 
in General Court Assembled & by the authority of the same, 



Acts, 1794. — Chapter 58. Ill 

that the plantation called Sterling in the County of Lin- Boundaries. 
coin bounded as follows vizt. beginning at the Northeast 
corner of Livermore thence running South in the East line 
of Livermore seven miles & ninety rods, thence East 
about three miles & ninety rods to the thirty mile river, 
so called, thence Northerly by said River to Lane's pond 
so called, thence Northerly by said pond on the Easterly 
side thereof to the most Easterly & Northerly branch of 
the same, thence North to the most Southerly & East- 
erly branch of Crotched pond, thence on the same course 
to the Southerly line of Mount Vernon, thence Westerly 
in said Southerly line to the Southwest corner of Mount 
Vernon, thence Northerly in the Westerly line of Mount 
Vernon to the Northeasterly corner of said Sterling, thence 
North eighty degrees west about five miles & thirty rods 
to the first mentioned bound, together with the inhabitants 
thereon be, & hereby are incorporated into a town by the 
name of Fayette ; & the said town is hereby vested with 
all the powers, privileges & immunities which other towns 
within this Commonwealth do, or may enjoy by Law. 

And be it further Enacted by the authority aforesaid, 
that Robert Page esqr. be & he hereby is impowered to Robert Page, 
issue his warrant directed to some suitable inhabitant of warrant. 
said town requiring him to warn a meeting of the inhabi- 
tants of said town at such time & place as shall be ex- 
pressed in said warrant for the purpose of choosing town 
ofiicers & transacting all such business as towns in this 
Commonwealth are by Law empowered to choose & trans- 
act in the month of March or April annually. 

Approved February 28, 1795. 

1794. —Chapter 5S, 

[January Session, ch. 34.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED LIVER- 
MORE LYING ON BOTH SIDES ANDROSCOGGIN RIVER INTO A 
TOWN BY THE NAME OF LIVERMORE. 

Be it enacted by the Senate & House of Representatives 
in General Court Assembled & by the authority of the 
same, that the Plantation called Livermore lying on both Boundaries, 
sides Androscoggin river & bounded as followeth, vizt. 
beginning at a Hemlock Tree standing in the North east 
corner of Turner on the Westerly side of Androscoggin 
river, thence running North sixty Degrees West in the 



112 



Acts, 1794. — Chapter 59. 



E. Richardson, 
Esq. to issue 
warrant. 



Northeasterly line of said Turner two miles two hundred 
& ten rods to a birch tree, thence North four miles two 
hundred & forty rods to a Hemlock tree being the North- 
westerly corner of said Livermore, thence North sixty live 
degrees East three miles & one hundred rods to Andros- 
coggin river, thence East across said liiver two miles two 
hundred & sixty rods to a birch tree in the Northeast 
corner of said Livermore, thence South seven Miles two 
hundred & fifty rods to Androscoggin pond, thence South- 
erly by said Pond about one mile & an half to an elm tree 
standing in the Southerly line of said Livermore, thence 
West in said Southerly line about two miles & one hun- 
dred & ninety two rods to Androscoggin river, thence 
Northerly by said river to the first mentioned bound, 
together with the inhabitants thereon be & hereby are in- 
corporated into a town by the name of Livermore ; and 
the said town is hereby vested with all the powers, privi- 
leges & immunities which other towns within this Com- 
monwealth do or may enjoy by Law. 

And be it further enacted by the authority aforesaid, 
that Edmund Richardson esqr. be & hereby is impow- 
ered to issue his warrant directed to some suitable 
inhabitant of said town requiring him to warn the inhabi- 
tants of said town to meet at some convenient time & 
place expressed in said warrant for the purpose of chusing 
town officers & transacting all such business as towns 
within this Commonwealth are impowered to chuse & 
transact in the month of March or April annually. 

Approved February 28, 1795. 



Boundaries. 



1794:. — Chapter 59. 

[January Session, cli.35.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED LOWER 
SANDY RIVER IN THE COUNTY OF LINCOLN INTO A TOWN 
BY THE NAME OF STARKS. 

Be it enacted by the Senate S House of Representatives 
in general Court Assembled and by the Authority of the 
same, that the following described tract of Land lying on 
the west side of Kennebeck liiver besfinnino- on the west 
Bank of said River in the North Line of the Plymouth 
Claim thence running west in the said North line Six 
Miles, thence South Six Miles, thence East about Six 
Miles to Norrigewock west line thence North on the west 



Acts, 1794. — Chapter 60. 113 

line of Norrigewock to Kennebeck River and Continuing 
Northerly by said liiver on the west Bank thereof to the 
fi[r]st mentioned bound; togeather with the inhabitants 
thereon be and the same hereby are incorporated into a 
Town by the Name of Starks ; and the said town is hereby 
vested with all the Powers Priviledges & immunities 
which other Towns within this Common wealth do or may 
by Law enjoy. 

And be it further [«] le']nacted hy the Authority afore- 
said^ that Samuel Weston Esqr. be and he hereby is samuei Weston, 
Authorized to Issue his warrant directed to some suitable warrantT'^^ 
Inhabitant of said Town, requiring him to Warn a Meeting 
of the Inhabitants of said Town at such time and place as 
shall be Appointed in said Warrant, for the purpose of 
chusing such Town Officers as Towns within this Common 
wealth are impowerd to chuse in the Month of March or 
April annually. Approved February 28, 1795. 

1794. — Chapter 60. 

[January Session, ch.36.] 

AN ACT TO REPEAL AN ACT ENTITLED " AN ACT TO INCORPO- 
RATE THE COMMITTEE OF THE CHURCH AND CONGREGA- 
TION IN THE TOWN OF WARWICK FOR CERTAIN PURPOSES," 
PASSED APRIL TWENTIETH ONE THOUSAND SEVEN HUNDRED 

& SEVENTY NINE. 

Whereas the trustees of the congregational society in the Preamble. 
toivn of Warwick have petitioned this Court for a rejpeal 
of the law from whence they derive their authority of trus- 
tees as aforesaid, aiid said town of Warwick have signified 
their agreement to support the Congregational minister now 
settled in said toivn, and to jierform other parochial duties 
therein, as a cojporation, & the Reverend Samuel Reed 
their j)resent minister has assented thereto; 

Re it enacted by the Senate & House of Representatives 
in General Court assevnbled and by the authority of the 
same, that the Act empowering the congregational so- Act repealed. 
ciety in the Town of Warwick in the County of Hamp- 
shire to appoint Trustees to manage the funds raised in 
said society for the support of the minister, and for de- 
fraying incidental charges in said society be & the same 
hereby is repealed, and said trustees are discharged from 
their trust : Provided, said trustees lodge with the Treas- Proviso. 
urer of said town of Warwick all the property of every 
kind by them held in their said capacity, belonging to said 



114 



Acts, 1794. — Chapter 61. 



Remaining 
power of the 
Trustees. 



Conditions of 
exempting per- 
sons from 
charge. 



town ; and also return all donations now in their hands 
of every kind that have heretofore been given for the 
benefit of said Corporation to the original donors or their 
heirs ; 

Provided also, and it is further Enacted that the present 
trustees of said Corporation, shall have full power in their 
said capacity to sue for, collect & recieve all outstanding 
debts due to said Corporation, and the same when recov- 
ered, forthwith to pay into the hands of the Treasurer of 
said town, or the original donors, or their heirs from 
whom they respectively derived the same. 

And Be it further enacted by the authority aforesaid^ 
that all persons living within the said town of Warwick 
who are of a different denomination from the congrega- 
tional society there, by leaving their names with the Clerk 
of said town certifying that they cannot conscientiously 
join with said society, within two years after this Act 
shall come into operation, shall be exempt from any charge 
for the support of a congregational minister in said town, 
any thing in this or any former Act to the contrary not- 
withstanding. 

And Be it farther Bnacfed thai this Act shall take place, 
& be in force, from and after the first day of September 
next. Approved February 28, 1795. 



1794. — Chapter 61. 

[January Session, ch. 37.] 

AN ACT TO SET OFF A PART OF THE TOWN OF WINDSOR, IN THE 
COUNTY OF BERKSHIRE AND TO ANNEX THE SAME TO THE 
TOWN OF DALTON. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the Authority 
Boundaries. of the Same that that part of the Town of Windsor here- 
after described and the Inhabitants thereon, be anexed 
to the Town of Dalton ; to wit, begining at the northeast 
corner of the Town of Dalton and running thence north- 
erly on a line parallel with the east line of Samuel 
Whipple's farm, to the north side of his farm, from thence 
west to the line of the hundred Acre lots, from thence 
north on the line of said lots to Cheshire south line, 
thence on Cheshire south line to the east line of the town 
of Lanesborough, thence on the said east line of Lanes- 
borough to the north west corner of Dalton, and from 
thence to the north east corner of said Dalton. 



Acts, 1794. — Chapter 62. 115 

And be it furthei' enacted that the Inhal)itants of the inhabitants to 
said part of the town of Windsor by this Act anexed to windaor. 
the said Town of Dalton, shall be liolden to pay such 
Taxes as have been assessed or ordered to lie assessed on 
theru, by the said town of AVindsor previous to the pass- 
ing of this Act. 

And be it further enacted that the polls and estates of 
the inhabitants of the said part of the town of Windsor 
by this Act anexed to the town of Dalton be deducted 
from the town of AVindsor and be placed to the said town 
of Dalton, and that the said inhabitants shall be intitled 
to recieve their proportion of all monies, lands and other 
estates, real and personal, now the property of the said 
town of Windsor agreable and in proportion, to the last 
valuation. Approved February 28, 1795. 

1794. — Chapter G2. 

[January Session, ch. 38.] 

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

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 lying on Boundaries of 
the East side of Kennebeck river beo-innino; on the bank ^''°^°°- 
of said River in the South line of Canaan, thence running 
East in the South line of said Town & continuing the 
same course seven miles, thence South about eleven miles 
& an half until it intersects a line running East South 
East from the Northeast corner of the town of Winslow, 
thence West North West to the said North East corner 
of Winslow, thence on the Northerly line of Winslow to 
Kennebeck River, thence Northerly by Kennebeck River 
on the Easterly bank thereof to the first mentioned bound 
together with the inhabitants thereon, be & the same 
hereby are incorporated into a town by the name of Clin- 
ton & the said town is hereb}^ vested with all the powers, 
privileges & immunities which other towns within this 
Commonwealth do or may by law enjoy. 

And be it further enacted by the authority aforesaid, 
that (leorge Warren esqr. be & he hereby is authorized George War- 

1 • j^ T j^ 1 • 1 I • 1 1 • ren, Esq. to 

to issue his warrant directed to some suitable inhabitant issue warrant. 
of said Town, requiring him to warn a meeting of the 
inhabitants of said town at such time & place as shall be 



116 



Acts, 1794. — Chapter 63. 



appointed in said warrant, for the purpose of choosing 
such Town officers as towns within this Commonwealth 
are empowered to choose in the month of March or April, 
annually. Approved February 28, 1795. 



Selectmen to 
fix places. 



1794. — Chapter 63. 

[January Session, ch. 39.] 

AN ACT MAKING PROVISION FOR THE ERECTING GUIDE POSTS 
UPON PUBLICK ROADS. 

Be it enacted by the Senate & House of Representatives 

in General Court assembled & by the authority of the 

Guide posts to same, that on or before the first day of September next it 

be erected »/ i. 

shall be the duty of the inhabitants of the several towns 
and districts in this Commonwealth & also such unincor- 
porated plantations as now are assessed in any public tax 
to provide, erect & keep in repair such Guide posts upon 
all public roads at such places & in such manner as is 
hereafter in this Act provided. 

And be it further enacted by the Authority aforesaid, 
that the selectmen of the several towns & districts & the 
assessors of all unincorporated plantations, assessed in 
any public tax, in this Commonwealth, be & they hereby 
are authorized & required from time to time, to fix & de- 
termine upon such places at the corners & angles of all 
roads in the several towns, districts & plantations afore- 
said at which the said Guide posts shall be erected & kept, 
as in their judgment shall be found necessary and con- 
venient, and shall cause a fair record thereof to be entered 
& kept among the records of the said towns districts or 
plantations. 

And be it further Unacted by the authority aforesaid, 
that the Guide posts to be erected and kept in pursuance 
of this Act, shall be constructed in manner following ; 
that is to say there shall be erected at the several corners 
or angles of the roads aforesaid, at such places as shall be 
ordered by the selectmen of towns and districts, or assess- 
ors of the plantations aforesaid, a substantial post of not 
less than eight feet in height ; upon the upper end of 
which shall be placed a board, or boards, upon each of 
which boards shall be plainly & legibly painted the name 
of the next town, with such other noted town or place as 
may be judged most expedient for the direction of travel- 
lers, to which each of the roads may lead, together with 



Manner of 
construction. 



Acts, 1794. — Chapter 63. 117 

the distance or number of miles to the same ; and also the 
figure of a hand with the fore finger thereof pointing 
towards the town or place to which the said roads may 
lead ; Provided nevertheless that the inhabitants of the Proviso, 
several towns, districts & plantations aforesaid duly quali- 
fied to vote in town or plantation affairs may if they judge 
fit, on or before the first Monday in April next, & annually 
afterwards, agree upon some suitable substitute in the 
room of said guide posts and appoint any proper person 
or persons to superintend the erecting the same. 

And Be it further enacted by the authority aforesaid ^ 
that if the inhabitants of any of the towns, districts or Penalty, in case 
plantations aforesaid, shall neglect or refuse to erect and refusal— '^^ 
maintain said guide posts, in such places & in such manner 
as is herein provided, the said inhabitants shall forfeit & 
pay to the use of the Commonwealth twenty shillings for 
every month which they shall so neglect or refuse : And 
if the selectmen of the several towns and districts or 
assessors of the several plantations aforesaid shall neglect 
or refuse to fix and determine upon any places in the towns, 
districts & plantations aforesaid at which the said Guide 
posts shall be erected and kept by the time in this Act set 
& limited, the said Selectmen or Assessors shall forfeit 
& pay to the use of the Commonwealth twenty shillings 
for every month which they shall so neglect, or refuse ; 
said penalties and forfeitures to be recovered by indict- 
ment of the Grand Jury in the County w^here the offence 
may be committed. 

And he it further enacted by the authority aforesaid, 
that if any person shall injure, mar or deface any Guide —in case of 
post, or its substitute agreed upon as aforesaid, or board 
which shall be set up, as is in this Act provided and be 
convicted thereof before any Justice of the Peace within 
this Commonwealth, who is hereby empowered to try the 
same, such person so convicted shall forfeit a sum not more 
than forty shillings nor less than twenty shillings, one half 
to the complainant & the other half to the use of the town, 
district or plantation in which such guide post or its sub- 
stitute so injured, marred or defaced, was set up, and 
shall pay all costs of the prosecution. 

Approved February 28, 1795. 



118 



Acts, 1794. — Chapter 64. 



Minors under 
and above 14 
years old, may 
be bound by 
consent of 
parties. 



Parents, Guar- 
dians and Se- 
lectmen to in- 
quire into their 
usage, and 
complain in 



1794.— Chapter 64. 

[January Session, ch. 40.] 

AN ACT TO SECURE TO MASTERS & MISTRESSES, AS WELL AS TO 
APPRENTICES AND MINOR SERVANTS, BOUND BY DEED, THEIR 
MUTUAL PRIVILEGES. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the Authority of 
the same, that Minors under the age of fourteen years, 
may be bound by Deed untill that age, as Servants or 
Apprentices, by their Father, and in ca!?e of his Decease, 
by their Mother, or by their Guardian legally appointed ; 
or having no parent or Guardian, may bind themselves, 
with the approbation of the Selectmen, or major part of 
them, of the Town, where such Minors reside. And all 
Minors of the age of Fourteen years or upwards, may be 
bound by Deed, as apprentices or servants; Females to 
the age of eighteen years, or to the time of their marriage, 
within that age ; and Males to the age of Twenty-one 
years, by their Father, and in case of his Decease, by 
their Mother, or Guardian legally appointed, having the 
Minors consent expressed in the Deed : And any such 
Minors having no Father, Mother, or Guardian within 
the Commonwealth, may by Deed, bind themselves, with 
the approbation of the Selectmen, or the major part of 
them, of the Town where they reside, provided that in 
every case there shall be tw^o Deeds of the same form and 
tenor, executed by both parties ; one to be kept by each ; 
and where made by the approbation of the Selectmen, 
they, after having examined the Terms of the Deeds, shall 
express their approbation thereon and sign the same. 
Provided also, that all considerations which shall be 
allowed by the Master or Mistress in any Contract of 
service or apprenticeship, shall be secured to the sole use 
of the Minor, thereby engaged. And all Contracts, which 
shall be made by any Parent or Guardian, or by any 
Minor, for him or herself, pursuant to this Act, shall be 
good and etfectual in Law, against all parties, and the 
Minors thereby engaged according to the tenor thereof. 

£e it further Enacted, that it shall be the Right & 
Duty of Parents & Guardians, and of Selectmen for the 
time being (where Selectmen shall give their approbation 
as aforesaid) binding Minors as aforesaid, to enquire into 



Acts, 1794:. — Chapter 64. 119 

their usage, and defend them from the cruelties, neglects case of m 
or breach of Covenant of their Masters or Mistresses ; and "^"®^" 
such Parents, Guardians, or Selectmen for the time being, 
may complain to the Court of Common Pleas in the 
County whereof such Master or Mistress is an Inhabitant, 
against him or her, for any personal cruelty, neglect or 
breach of Covenant : and the Court after having duly 
notified the party complained against, shall proceed to 
hear & determine such Complaint, with or without a Jury, 
according as the Allegations of the parties may be — And 
if the same Complaint shall be supported, the Court may 
render Judgment that the said Minor be discharged from 
his or her Apprenticeship or Service, with costs against 
the Master or Mistress, and aw'ard Execution accordingly ; 
in which Case the Deed of Service or Apprenticeship 
shall be deemed void, from the time of rendering such 
judgement, and the Minor may be bound out anew : But 
if such Complaint shall not be supported, the Court shall 
award Costs to the Respondent, against the Parent, 
Guardian or Selectmen, ^vhere the complaint of the Select- 
men shall be without probable cause, & Execution accord- 
ingly. 

Be it further Enacted, that if any Servant or Appren- Absconding 
tice bound as aforesaid, shall depart from the Service of be'^Ipprehe'lfded 
his or her Master or Mistress, it shall be lawful for any i>y ^«"a°t- 
Justice of the Peace of the County where such Servant or 
Apprentice may be found, on complaint made to him by 
the Master or Mistress, or by any one in his or her 
behalf, on oath, to issue his Warrant to the Sheriff, his 
Deputy or any Constable within the County, directing 
him to apprehend such Servant or apprentice, and to 
bring him or her before the said Justice, who upon the 
hearing, shall order the said Servant or Apprentice to be 
returned to the place of his or her duty ; or to commit "^"ed*^*"^ 
him or her to the common Goal of the County, there to 
remain for a term not exceeding Twenty days, unless 
sooner discharged by his or her Master or Mistress : and 
the Justice's Warrant, for returning such Servant or Ap- 
prentice to the place of his or her duty, directed to any 
Officer or other Person, by name, shall authorize him to 
convey any such Servant or Apprentice to such place. 
Notwithstanding it may be in any other County in the 
Commonwealth ; and the Costs of the process and com- 
mitment by the said Justice, shall be paid by the Master 



120 



Acts, 1794. — Chapter 65. 



Complaints 
may be made 
in case of mis- 
behaviour of 
servants, &c. 



Covenants to 
be void at the 
decease of the 
Master. 



or Mistress, to be recovered by him or her on the Deed 
or Coveoant, and when recovered of the Guardian, the 
same with all further Costs he may be held to pay, shall 
be a proper article of charge in his Guardianship Account. 

£e it further Enacted, that if any Servant or Appren- 
tice, bound as aforesaid, shall be guilty of any gross mis- 
behaviour, wilful Neglect, or refusal of his or her duty, 
the Master or Mistress may complain thereof to the Court 
of Common Pleas in the County whereof he or she is an 
Inhabitant; and the said Court after having duly notified 
such Servant or Apprentice, and all Persons covenanting 
on his or her behalf, and the Selectmen for the time being, 
of the Town, (where Selectmen shall approve as aforesaid) 
shall proceed to hear & decide on such Complaint, with 
or without a Jury, as the allegations of the parties may 
be : and if the said Complaint shall be supported, the 
Court may render Judgement that the Master or Mistress 
shall be discharged from the Contract of Service or Ap- 
prenticeship, and every article thereof, oUigatory on him 
or her with costs ; and award execution for costs accord- 
ingly, against the Parent Guardian or Minor, where the 
Minor shall engage as aforesaid, for him or herself; and 
any Servant or Apprentice whose Master or Mistress shall 
be discharged as aforesaid, may be bound out anew. 

And he it further EnacJed, that no Covenant of Ap- 
prenticeship entered into by any Minor, his Parent or 
Guardian, for the purpose of such Minor's lea[a]rning or 
being instructed in any Trade or Mystery, and made to 
any Master and the Wife of such Master, or to the Exec- 
utors, Administrators or Assigns of such Master, shall 
be binding on such Minor, Parent or Guardian, after the 
decease of the Master ; but on the death of such Master, 
the said Covenant shall be deemed void from that time ; 
and in any such case, any Minor may be bound out anew 
in the manner herein before prescribed. 

Approved February 28, 1795. 



Preamble. 



1794. — Chapter G5, 

[January Session, ch. 41.] 

AN ACT TO ENABLE CREDITORS TO RECEIVE THEIR JUST DE- 
MANDS OUT OFF THE GOODS, EFFECTS AND CREDITS OF THEIR 
DEBTORS, WHEN THE SAME CANNOT BE ATTACHED BY THE 
ORDINARY PROCESS OF LAW. 

Whereas the goods, effects and credits of persons are 
oftentimes so entrusted, and deposited in the hands of 



Acts, 1794. — Chapter 65. 121 

others, that the same cannot be attached by the ordinary 
process of law, to satisfy such judgments as may be re- 
covered against sucJi persons : For remedy whereof 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that any person or persons, body politic or 
corporate, intitled to any personal action, excepting deti- 
nue replevin actions on the case for slandrous words or 
malicious prosecutions, or actions of trespass for assault 
and battery against any person or persons other than 
bodies politic or corporate having any goods effects or 
credits so intrusted or deposited in the hands of others 
that the same cannot be attached by the ordinary process 
of law, may cause not only the goods and estate of the 
person against whom such action lies, to be attached in 
his own hands and possession but also all his goods, effects 
and credits so entrusted or deposited, to be attached in 
whose hands or possession soever they may be found, by 
an original writ, to issue under the seal of the Court of 
Common pleas signed by the Clerk and attested by the 
first Justice of the said Court not a party thereto and of 
the form following, to wit ; 

Commonwealth of Massachusetts. 

[L. S.] ss 

To the Sheriff of our County of or to either of his writ of attach- 

Deputies Greeting ; 

We command you to attach the goods and estate of 
A B of C within our County of D (addition) to the value 
of dollars, and summons the said A B if he may be 

found in your Precinct, to appear before our Justices of 
our Court of Common pleas next to be holden at 
within and for our County of on the day of 

then & there in our said Court to answer unto E F of 
G within our County of H (addition) in a plea of 
to the damage of the said E F as he saith the sum of 
dollars, which shall then and there be made to appear 
with other due damages ; and whereas the said E F saith 
that the said A B has not in his own hands and possession 
goods and estate to the value of dollars aforesaid, 

which can be come at to be attached, but has intrusted to, 
and deposited in the hands and possession of I K of 
(addition) trustee of the said A B, goods, effects and 
credits to the said value ; We command you therefore that 
you summon the said I K if he may be found in your 



122 



Acts, 1794. — Chapter 65. 



Manner of 
serving the 
writ. 



Duty of the 
Court respect- 
ing the princi- 
pal. 



Precinct to appear before our Justices of our said Court 
to be holden as aforesaid, to shew cause if any he lias, 
why execution to be issued upon such Judgment as the 
said E F may recover against the said A B in this action 
(if any) should not issue against his goods effects or 
credits in the hands and possession of him the said I K ; 
and have you there this Writ with your doings therein. 
Witness L M Esqr. at the day of in the 
year of our Lord one thousand seven hundred and 

N. O. Clerk. 

And the Officer to whom such Writ may be directed, 
shall serve the same by attaching the goods and estate of 
the principal in his hands & possession of the value re- 
quired, if so much can be found in his Precinct, by read- 
ing the said Writ to him, or by leaving an attested copy 
thereof at his last and usual place of abode, if he had 
been an inhabitant or resident within this Commonwealth 
at any time within three years, next before the suing out 
such Writ, and by reading the same to each of the trus- 
tees, or by leaving an attested copy thereof at such Trus- 
tee's usual place of abode ; and in case the principal has 
not been an inhabitant or resident as aforesaid, a service 
made on the supposed trustee or Trustees in manner as 
aforesaid shall be deemed a sufficient service ; which 
service shall be made fourteen days at the least before the 
day of the sitting of the Court, to which such writ is re- 
turnable ; and the goods, effects and credits of the prin- 
cipal in the hands and possession of his trustee or trustees 
at the time such writ was served upon him or them, shall 
stand bound and be held to satisfy such judgment as the 
plaintiff shall recover against the principal ; and when the 
trustees named in such Writ do all dwell in one County 
such Writ shall be made returnable in the County where 
all the Trustees dwell ; but when the trustees do not all 
dwell in one County, such Writ may be made returnable 
in any County in which any of the trustees dwell. 

And be it further Enacted, that if the principal shall be 
absent from the Commonwealth when such Writ shall be 
served, the Court shall continue the action two terms, 
that he may have notice unless the principal after the 
service of the Writ and before the sitting of the Court 
shall have come into the Commonwealth ; in which case, 
it shall be in the discretion of the Court whether to continue 
the action or not ; and when the principal does not appear 



Acts, 1794. — Chapter 65. 123 

in his own person or by Attorney to answer such suit, the 
trustees or any of them having goods, effects or credits of 
the principal in his or tlieir hands or possession may 
appear in his behalf, and in his name plead pursue and 
defend to final Judgment and execution. 

And be it further JEnacted, that if any supposed Trus- Duty of the 
tee shall come into Court the first term, & declare that he ing"I Trustee." 
had not in his hands or possession at the time the Writ 
was served on him, any goods, effects or credits of the 
principal, and shall thereupon submit himself to an exami- 
nation upon oath, and if upon such examination the said 
Declaration shall appear to the Court to be true, the 
Court shall award him his legal costs and issue execution 
therefor ; and if such trustee shall at the time of service 
of such Writ, dwell in any County other than that in 
which the said writ is returnal)le, the Court shall allow 
him such further costs, as with his legal costs shall under 
all the circumstances of the case be a reasonable compen- 
sation to him for his time and expences in appearing & 
defending himself against such suit ; and every person 
resident in the County where such writ shall he duly 
returned, who being summoned as aforesaid shall neg- 
lect to appear at the return thereof and submit to an 
examination as to the supposed goods, effects, or credits 
in his or her hands and having no reasonaT)le cause to the 
contrary in the opinion of the Court where the suit shall 
be, shall be lial)le for all costs afterwards arising in such 
suit, to be recovered & paid out of his own goods and 
estate, in case Judgment shall be finally rendered for the 
plaintiff, and unless such costs shall be duly recovered 
against the goods, eflects or credits of the principal in the 
hands of a trustee : And if several persons resident in 
such County, being duly sumoned as aforesaid shall neg- 
lect to appear as aforesaid, then judgment and execu- 
tion against them jointly, shall be awarded for such costs. 
And persons resident in other Counties than where the 
writ is returnable shall not l)e lial)Ie for any costs arising 
on the original process herein provided. 

And be it further Enacted, that where the Plaintiff doth Coun to award 
not support his action against the principal, and judgment caL — ""^'^^ ' ^"^ 
shall be rendered that he take nothing by his writ, the 
Court shall award costs against him, as well in favor of 
the principal as in favor of such of the })ersons summoned 
as trustees severally, who have personally appeared in 



124 



Acts, 1794. — Chapter 65. 



— to award 
execution 
against Princi- 
pal, in case. 



Court and submitted themselves to an examination upon 
oath as aforesaid, & several executions shall issue there- 
upon accordingly. And where all the supposed trustees, 
or any one, or more of them come into Court and are dis- 
charged upon examination on oath as aforesaid or when 
the suit shall be discontinued by the Plaintiff against them, 
or against any one or more of them, the plaintiff may not- 
withstanding proceed against the principal to trial, judg- 
fnent and execution. Provided 7ievertheless, that costs 
shall not be awarded in favor of any trustee against whom 
the suit shall be discontinued as aforesaid, unless he come 
into Court the first term and declare that he had not in 
his hands or possession any goods effects or credits of the 
principal, at the time of the service of the original Writ, 
and thereupon submit himself to an examination upoii 
oath, and such declaration be adjudged by the Court to be 
true. 

And be it further Unacted, that when the plaintiff" shall 
recover judgment against the principal, and there shall be 
one or more trustees summoned, who shall not have come 
into Court and discharged themselves upon oath of being 
trustees as supposed in the Writ, and against whom the 
suit shall not be eliscontinued ; the Court shall award ex- 
ecution against the goods, effects & credits of the principal 
in the hands & possession of every such trustee as well as 
against the body, goods and estate of the Principal and 
the form of the execution may be as follows. 



Form of the 
execution. 



■SS 



Commonwealth of Massachusetts. 

[L. S.] ^ 

To the Sheriff of our County of or his deputy 

Gkeetixg : 
Whereas D S of R within our County of S (addition) 
by the consideration of our Justices of our Court of Com- 

within and for our County of 

Tuesday of recovered judg- 

in the County of (addition) 

debt or damage (as the case 

costs of suit ; And whereas by the con- 

the same Court execution was likewise 



mon pleas holden at 

aforesaid on the 
ment against R F of 
aforesaid for the sum of 
may be) and 
sideration of 



awarded for the same sums ao:ainst the goods effects and 
credits cf the said R. F in the hands and possession of 
A B of (addition) and C D of (addition) trustees 
of the said R F as to us appears of record, whereof execu- 



Acts, 1794. — Chapter 65. 125 

tion remains to be done ; We command you therefore, 
that of the goods, chattels or lands of the said R F in his 
own hands and possession, and of the goods effects and 
credits of the said R F in the hands and possession of the 
said A B and C D jointly and severally, you cause to be 
paid and satisfied unto the said D S at the value thereof in 
money the aforesaid sums, being in the whole, with 
more for this writ, and thereof also, to satisfy your- 
self for your own fees ; and for want of goods, chattels or 
lands of the said R F in his own hands and possession, to 
be by him shewn unto you, or found in your Precinct to 
the acceptance of the said D S, and for want of goods, 
effects and credits of the said E. F, in the hands and pos- 
session of the said trustees, to be by them discovered & 
exposed to you, to satisfy the several sums aforesaid with 
your own fees. We command you that you take the body 
of the said R F, and him commit unto our Goal in in 
our County of aforesaid, and detain in your custody 
within our said Goal, untill he pay the full sums afore 
mentioned with your fees, or that he be discharged by 
the said D S the Creditor, or otherwise by order of law. 
Hereof fail not, and make return of this Writ, & of your 
doings therein into our Court of Common pleas, next to be 
holden at within and for our County of on the 
Tuesday of next. 

Witness W C Esqr. at the day of in the 

year of our Lord 17 

J S Clerk. 

And the form of the execution aforesaid shall be the 
form of a Writ of Execution upon a judgment recovered 
by virtue of this act, in the Supreme Judicial Court, 
muiath mutandis ; 

And be it further Enacted that, when any execution, 
issued as aforesaid, shall be returned not fully satisfied, by 
reason of the Trustee not discovering and exposing suffi- 
cient goods effects and credits of the principal, or by 
reason of the ofiicer's not finding sufficient goods and 
estate of the principal to the acceptance of the plaintiff to 
satisfy the same, the plaintift" may sue out against the 
Trustees named in such Writ of execution, or against any 
one or more of them jointly or severally, a writ or writs 
of scire facias in due form of law, requiring the defendant 
in such writs of scire facias named, to shew cause if any 
they have why judgment for the sums remaining unsatis- 



126 Acts, 1794. — Chapter 65. 

fied should not be rendered against them ; & if any one 
or more of the Defendants in such Writs of scire faciaa 
named the same being returned duly served, shall come 
into Court, and declare that he or they, liad not at the time 
of the service of the original writ upon them, any goods 
effects or credits of the principal in their hands or pos- 
session, and thereupon submit to an examination upon 
oath, and if upon such examination the supposed Trustee 
or trustees shall appear not to be chargeable, the Court 
shall render judgment against him or them, if resident in 
the County where the original Process was returnable, as 
the case may be, for costs only, and if not resident in 
such County then the supposed trustee so discharged shall 
have costs ; but if upon such examination it shall appear 
to the Court that the said trustees or any one or more of 
them defendants as aforesaid, had goods, effects or credits 
of the principal in his or their hands at the time of serv- 
ing the original Writ as aforesaid, other than such as he 
or they have discovered and exposed to be taken to satisfy 
the Execution, on the first Judgment, then the Court shall 
enter up Judgment against him or them, to the amount of 
the sums returned unsatisfied upon the said Execution if 
there shall appear upon such examination to have been 
goods effects or credits to that amount in his or their 
hands, not discovered and exposed as aforesaid ; but if not, 
then the Court shall enter up judgment against him or them 
to the amount of the said goods, effects or credits in his or 
their hands not discovered & exposed as aforesaid. Pro- 
vided nevertheless;, that where any trustee has come into 
Court upon the origTa] [ijnal process and been examined 
upon oath as aforesaid, and upon such examination it has 
appeared to the Court, that such trustee had goods, effects 
or credits of the principal in his hands at the time of serving 
the original writ, such trustee shall not be again exjmiined 
upon the scire facias, but judgment shall be rendered upon 
his examination had as aforesaid, 
be'le^dered' And bc it further Enacted, that if any trustee upon 

against Trustee, whom the Writ of scire facias shall be served, shall not 
appear, but shall be defaulted, he having never been ex- 
amined upon oath under the original process, he shall be 
deemed and taken to have had in his hands and possession, 
at the time of the service of the original writ, goods effects 
and credits of the principal to the amount of the Judg- 
ment rendered against him, and judgment shall be ren- 



Acts, 1794. — Chapter 65. 127 

dered against the trustee accordingly. And where there 
shall be more than one defendant in any such Writ of scire 
facias, the Court may enter up joint or several judgments 
according to the circumstances of the case ; and upon all 
Judgments rendered upon such writs of scire facias, exe- 
cutions shall issue in common form against the goods and 
estate, and for want thereof against the bodies of such 
person, or persons, against whom Judgments shall be so 
rendered. 

And be it further Unacted that the goods, eflects and Trustee dis- 

•>' r- ^ • 1 1 charged from 

credits oi any person so taken as aioresaid, by process principal — 
of law out of the hands of his trustee shall forever acquit 
and discharge such trustee from and against all suits, 
damages and demands whatever, to be commenced or 
claimed by his principal, his executors or administrators of 
and for the same : And if any trustee shall be troubled or 
sued on account of any thing by him done pursuant to this 
act, he may plead the aeneral issue and ^ive this Act in and may plead 
evidence ; and any principal against whom judgment shall issue. 
be rendered by force of this Act shall be intitled to a re- 
view, in like manner as is or may be by law provided in 
other cases of personal actions, at any time within three 
years after judgment rendered, if he was absent from the 
Commonwealth during the whole time in wdiich the action 
was pending; but if otherwise, then his review shall be 
sued out within the time in which reviews in other cases 
are directed by law to be sued out. 

And be it further enacted, that any person summoned ^s'e^of^ perjury, 
as a trustee as aforesaid who shall upon such his examina- 
tion had as aforesaid knowingly and wilfully answer 
falsely, shall upon conviction thereof in the Supreme 
Judicial Court be adjudged to be guilty of perjury and 
be liable and subject to all the pains penalties forfeitures 
and disabilities thereto by law incident, — and shall also 
out of his own proper estate be liable and subjected to pay 
to the plaintif in the Action his Executors or Administra- 
tors the full amount of such Judgment as he they or any 
of them may have recovered against the principal in case 
the same be unsatisfied, otherwise such part thereof as may 
remain unsatisfied together with the legal Interest thereof 
and double costs of suit to be recovered in a special 
Action on the Case. 

And be it further enacted, that in every Case wdiere it TruBtee per- 

11 f ^ rr\ ii mitted to deliver 

shall appear by the answer or the Trustee that he was at specific arucies 

on an execution. 



128 



Acts, 1794. — Chapter 65. 



Value to be esti- 
mated by ap- 
praisal. 



Proviso. 



Executors or 
Admioistrators 
of trustee 
to answer the 
suit, in case of 
his death. 



the time of the service of the summons on him holden or 
bound to deliver to the Principal at a then future day 
any specific article or articles whatsoever, other than 
Money, such Trustee shall be and hereby is authorised and 
permitted on demand made by the Officer having any Exe- 
cution in his hands issued upon any Judgment recovered 
by virtue of this Act, to deliver to him such specific arti- 
cle or articles or so much and such part thereof as may be 
necessary to satisfy such Execution with the legal fees 
thereon ; — the value of such article or articles as between 
the Principal and Trustee to be estimated and ascertained 
by the appraisal of three disinterested and discreet Men, 
one to be chosen by the Trustee one by the Officer and 
one by the Principal if he see cause, or if he neglect or 
refuse, then the Officer shall appoint two of the said Ap- 
praisers — who shall all be sworn before a Justice of the 
peace in and for the County where such Article or Arti- 
cles are to be delivered, faithfully and impartially to 
appraise the same ; — and the said Justice and appraisers 
shall make on such Execution a Certificate of their respec- 
tive doings. — Provided hoivever thai in all Cases where by 
the terms of the Contract between the Principal and Trus- 
tee any mode is pointed out for ascertaining the value of 
such specific Articles, the Principal and Trustee or either 
of them may have their value thus ascertained and esti- 
mated ; — and in either case the Officer shall proceed to 
sell such Articles, and conduct in the sale thereof as in 
other cases of sales of personal property on Execution as 
is already by law provided ; the overplus monies, if any 
there should be, after satisfying the Execution and his fees, 
he shall pay over to the principal, if within the precinct of 
the Officer, otherwise to the Trustee. — And in all cases 
where a part only of such specific Articles shall be taken in 
Execution as aforesaid, the Trustee is hereby authorised 
to deliver the residue to the Principal, or make tender 
thereof within thirty days after such Execution shall have 
been satisfied, in the same manner as by law he might 
otherwise have delivered the whole. — 

And be it further enacted, that whenever any person 
who shall be summoned as a Trustee as aforesaid, shall die 
before he may have been examined as aforesaid, his Exec- 
utors or Administrators may appear, or if the plaintif 
think proper, be compelled to appear and make answer to 
the suit in the same way and manner Executors and Ad- 



Acts, 1794. — Chapter 66. 129 

ministrators are allowed or compellable to appear and 
answer to suits and Actions in other Cases. — and in Case 
of the death of any Trustee after such his examination 
and previous to the rendering of final Judgment against 
the principal, the Executors and Administrators of such 
deceased Trustee shall be liable and answerable to perform 
whatever such Trustee by his answer would have been 
liable to do and perform in case he had lived. 

And be it further enacted that no person shall be con- 
sidered or adjudged to be a Trustee within the intent and 
meaning of this Act by reason or on Account of his having 
made, given, endorsed, negociated or accepted any nego- 
ciable security whatever. 

And be it further enacted that the Act made in the year Act repealed. 
of our Lord one thousand seven hundred and fifty eight 
" to enable creditors to recieve their just debts out of the 
effects of their absent or absconding debtors " shall after 
the first day of August next be and the same is hereby 
repealed, excepting so far as may be necessary to carry 
into final effect any processes which heretofore have been, 
or which may on or before the said first day of August, 
be brought in virtue of said Act. 

And be it further enacted that nothing herein contained Exceptions. 
shall be construed to repeal any part of the Act entitled 
" An Act to prevent fraud and perjury " excepting that all 
Judgment Creditors who by the provisions of that Act are 
entitled to the process provided in the Act herein repealed, 
are and shall 1)e hereby entitled to the process in this Act 
provided, under^ the same regulations and restrictions as 
are mentioned and expressed in the said Act entitled " An 
Act to prevent fraud and perjury." 

Approved Feb. 28, 1795. 

1794. — Chapter 66. 

[January Session, ch. 42.] 

AN ACT TO CHANGE THE NAME OF JOHN MURDOCK OF ROX- 
BURY IN THE COUNTY OF NORFOLK TO THE NAME OF ROB- 
ERT PIERPONT. 

Whereas Hannah Pierpont of Roxbury aforesaid hath 
petitioned this Court for certain reasons set forth in her 
petition that the name of John Murdoch of said Roxbury 
may be changed and Altered to the natne of Robert Pier- 
pont and the said John Murdoch hath assented to and 
joined in said Prayer, Therefore 



130 



Acts, 1794. — Chapter 67. 



John Mur- 
dock's name 
changed. 



Property in the 
canal divided 
into shares. 



Corporation 
empowered to 
receive and 
hold estate. 



Be it [a][e]nac^ecZ by the Senate and House of Repre- 
sentatives in genei^al Court Assembled and by the Authority 
of the same, that from and after the passing of this Act the 
said John Murdock shall be and he hereby is Authorized 
and impowered to take Use and bear the Name of Robert 
Pierpont, instead of the said Name of John Murdock and 
to be called and known by that Name instead of his presant 
Christian and surname. Approved February 28, 1795. 



Preamble. 



1794. -Chapter 67. 

[January Session, oh. 43.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT FOR IN- 
CORPORATING JAMES SULLIVAN & OTHERS BY THE NAME & 
STILE OF THE PROPRIETORS OF THE MIDDLESEX CANAL." 

Be it enacted by the Senate & House of Representatives 
in General Court assembled <& by the authority of the same. 
That the property of the said Proprietors in the said 
Canal, & in any other Canal connected therewith, which 
they shall eflect, pursuant to any authority of the Govern- 
ment, & all real estate of which the said Corporation 
shall be seized shall be divided into eioht hundred shares 
& that each share therein shall give the person holding the 
same one vote in the proceedings of the said corporation, 
provided that no one proprietor shall have a right to more 
than twenty five votes on any occasion ; And that the shares 
in the same Canal, including the towing paths & wharves 
thereon, shall be so far considered as personal estate, that 
the same may be transferred according to such rules & 
regulations as the said Corporation shall establish ; And 
that the proprietors shall be subjected to taxes therefor in 
the towns & parishes where they shall severally reside as 
for personal estate. 

And be it further enacted, that the said Corporation shall 
have power to receive & hold real estate as appendant to the 
same Canal &, for the purpose of facilitating the business 
of the same, to the value of thirty thousand pounds, over 
& above the value of the Canal itself simply considered ; 
And that the Corporation shall be liable to pay taxes 
therefor in the Town & Parish where the same may be ; 
And such taxes may be assessed on the corporation or 
on its tenants at the discretion of the Town where the 
tax shall be made. 

And whereas the said Corporation hath petitioned the 
Legislature for an extension of their powers for the pur- 



Acts, 1794. — Chapter 67. 131 

pose of making other Canals to be connected, <& to commu- 
nicate with the said Middlesex Canal: The object of 
which petition being to rendei' the waters of Concord River 
boatable as far up as the same can be usefully improved for 
that purpose & to improve the banks of Medford river, 
so as to render the Canal more easy <& useful, as ivell 
as to open a Canal round the shallows in the town of Dun- 
stable on the banks of Merrimack river ; And also to extend 
said Canal to the waters of Charles River or the town of 
Boston. 

Be it therefore farther enacted that the said proprietors Proprietors 
of the Middlesex Canal shall be empowered to vender the ^ke concord 
waters of Concord river boatable as far as Sudbury Cause- sudbu °y ,^ etc! '° 
way & as much farther as the same can be usefully im- 
proved for that end ; & to open any Canal at any place in 
the said County of Middlesex that may be necessary to 
connect the said Concord river with the said Middlesex 
Canal for that purpose, and also to extend said Canal from 
Medford to the waters of the town of Boston or Charles 
river in such way as to said proprietors may seem most 
advantageous & with all the privileges, & under the same 
restrictions & regulations as are granted & provided in 
said Act ; And that the said proprietors shall be liable to 
have damages recovered against them by any individual 
who shall be injured or damnified in his property in such 
new Canal by the same mode of process, & in the same 
manner as is in the same act provided : And that for the 
use of any such new Canal or boatable waters the said pro- 
prietors may receive the same rate of toll which is by the 
same act established for the said Middlesex Canal. 

Whereas it is provided in an Act entitled an Act for Explanation of 
incorporating James Sullivan & others by the name & Act!"^^'°^° 
stile of the proprietors of the Middlesex Canal " That no 
part of the Avaters of Shawshine river shall be diverted 
from their natural course for the purpose aforesaid " It 
is hereby declared to be the true intent & meaning of the 
foregoing restrictive clause that the ponds & those streams 
which continue a visil)le current thro' the year & usually 
empty into Shawshine River are to be considered as part 
of the waters of the said River. 

Ap'proved February 28, 1795. 



132 



Acts, 1794. — Chapter 68. 



Duty of Con- 
etables and 
Collectors. 



Affidavit of 
posting notifi- 
cations, to be 
used in evi- 
dence. 



1794. — Chapter 68. 

[January Session, eh. 44.] 

AN ACT PRESCRIBING THE DUTY OF CONSTABLES & COLLECTORS 
IN CERTAIN CASES, PREVIOUS TO THE ADVERTISEMENT OF 
NON-RESIDENT PROPRIETORS LANDS, FOR SALE FOR NON- 
PAYMENT OF TAXES; AND FOR PERPETUATING THE EVI- 
DENCE OF POSTING NOTIFICATIONS, PREVIOUS TO SUCH SALE. 

Be it Enacted by the Senate & House of Representatives 
in General Court assembled and by the authority of the 
same, that where any non-resident proprietor of any lands 
in any town, district or plantation within this Common- 
wealth shall have authorized in writing any person resid- 
ing and dwelling in any such town, district or plantation, 
as his Attorney to pay the taxes imposed upon such lands, 
and such written authority shall have been lodged with, 
or recorded by the Clerk of such town, district, or plan- 
tation which such Clerk is hereby required to do, upon 
application of such Attorney & payment of one shilling 
for filing or recording the same, no constable or col- 
lector of taxes in any such town, district or plantation 
shall proceed to advertize the sale of any lands of any 
such non resident proprietors for non payment of any 
taxes committed to them to collect without first notifying 
and demanding payment of such tax of such attorney 
either personally, or by written notice and demand left at 
his dwelling house ; nor till after the expiration of two 
months from and after such notice. And in case such 
collector shall have occasion after said two months to 
advertize such lands for sale, upon neglect of payment 
of the taxes, his affidavit made before a Justice of the 
peace and recorded by the Clerk of such town, district, or 
plantation (who is hereby required upon request of such 
constable or collector to record the same) l^efore any sale 
be made that such personal or written notice was given, 
and expressing the time of giving the same shall be ad- 
mitted as legal evidence thereof. 

Be it further Enacted by the authority aforesaid that 
the affidavit of any disinterested person taken before a 
Justice of the Peace of the posting notifications required 
by law for the sale of any land, which shall be sold by 
any Sherifi* constable or collector in the execution of his 
office may be used in evidence of the fact of notice, upon 
any trial of the validity of such sale, provided ^ that such 



Acts, 1794. — Chapter 69. 133 

affidavit, made on one of the original advertisements, or 
on a copy of one of them shall be filed and recorded in 
the registry of deeds of the County or district where the 
land lies within six months. This Act to be in force from 
and after the first day of July next — And the Secretary 
shall cause this Act to be published in the several news- 
papers in the Commonwealth as soon as may be. 

Approved February 28, 1795. 

1794. — Chapter 69. 

[January Session, ch. 45.] 

AN ACT TO SET OFF FROM THE TOWN OF DARTMOUTH, AND 
ANNEX TO THE TOWN OF WESTPORT, CERTAIN INHABITANTS, 
WITH THEIR RESPECTIVE FAMILIES AND ESTATES LYING 
WITHIN THE BOUNDARY LINE OF THE TOWN OF WESTPORT. 

Be it Enacted hy the Senate a7id House of Representa- 
tives in General Court assembled, and by the authority of 
the same that all those persons with their respective fam- Persons an- 
ilies and estates lying within the boundary line of the wesfpon. 
town of Westport in the County of Bristol, that have 
been annexed to the town of Dartmouth, excepting 
Daniel Giflbrd, Timothy Giflbrd, William Willcox and 
Isaac Lawrence and their respective fiimilies and estates, 
be, and hereby are set off from the town of Dartmouth and 
annexed to the town of Westport, with all the priviledges 
and immunities, and subjected to all the duties that the 
other inhabitants of said town of Westport are by law 
lial)le to. 

Provided, that the inhabitants thus annexed to the town proviso. 
of Westport shall be holden to pay all taxes assessed 
against them in the said town of Dartmouth, prior to the 
passing this act in the same way & manner they were 
before holden to pay the same. 

And for the purpose of establishing an equitable rule, of 
apportioning public taxes upon said towns. 

Be it further Enacted by the authority aforesaid that sum in vaiua- 
four shillings & one penny of the sum set to the town of wesfpon' 
Dartmouth in the late Valuation, be taken therefrom & 
placed to the town of Westport, untill a new Valuation 
shall be taken. Approved February 28, 1795. 



134 



Acts, 1794. — Chapter 70. 



Boundaries of 
part of North- 
field annexed 
to Gill. 



Proviso. 



Town of Gill 
holdeu to sup- 
port paupers. 



1794. — Chapter 70. 

[January Session, ch. 46.] 

AN ACT SETTING OFF PART OF THE TOWN OF NORTHFIELD, & 
ANNEXING IT TO THE TOWN OF GILL IN THE COUNTY OF 
HAMPSHIRE. 

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 contained within the folio w- 
ino; Bounds, viz, Beo'innino; at the Northeast corner of the 
Town of Gill, and running North three degrees West, sixty 
four Eods ; thence North, ten degrees West, thirty-eight 
Rods ; thence North, eleven degrees East, thirty-two Rods 
to the mouth of Bennett's Brook ; thence West, thirteen 
degrees North, thirty Rods ; thence West, nine degrees 
South, twelve rods ; thence North, fifteen degrees West, 
forty Rods ; thence North, twenty-two degrees West, 
sixty three Rods ; thence North twenty-six degrees 
West, fifty-seven Rods ; thence West, forty-four degrees 
North, thirty seven Rods ; thence West, ten degrees & 
[an'] half South, forty-three Rods ; thence South, fourteen 
degrees West, thirty-six Rods ; thence South, twenty 
four degrees West, sixty-one Rods ; thence West, twenty 
seven degrees North, fifty Rods ; thence North, two 
degrees East, one hundred and thirty two Rods ; thence 
West, ten degrees and thirty minutes South, one hundred 
and two Rods, to the line between Northfield and Bar- 
nardston ; thence South, eleven degrees East, three hun- 
dred and thirty three Rods on said line to the line of the 
said Town of Gill ; thence East, five degrees North, two 
hundred and seventy eight Rods, to the Bounds first men- 
tioned, with all the Inhabitants thereon, shall be and 
hereby are set ofl" from the Town of Northfield and an- 
nexed to the Town of Gill in the County of Hampshire. 

Provided ahvays, that the lands above described and 
Inhabitants thereon, shall pay to the Town of Northfield 
their proportion of all Taxes which may hereafter be laid 
by the Commonwealth, untill a new Valuation shall take 
place ; and shall be holden to pay all Taxes, ^\•hich before 
the passing of this Act have been legally assessed on them 
by the Town of Northfield, in the same manner as though 
this Act had not been passed. 

And be it further Enacted, that the said Town of Gill 
shall be holden to maintain all Persons belonging within 
the Bounds of the above described Land, who now are, or 



Acts, 1794. — Chapter 71. 135 

shall hereafter become chargeable for support as Paupers ; 
and Provided any Person or Persons who have removed 
from said described Land, shall hereafter be returned as 
the Poor of said Town of Northfield, then, and in such 
case, the said Town of Gill shall be holden to take and 
support as their Poor, all those who immediately before 
such removal Avere the Inhabitants of that part of North- 
field which is now Gill, Approved February 28, 1795. 

1794. — Chapter 71. 

[January Session, ch. 47.] 

AN ACT TO INCORPORATE SAMUEL GARY, ESQ. & OTHERS, FOR 
CERTAIN PURPOSES. 

Whereas Samuel Gary Esqr. Joshua Cheever, Edward Preamble. 
Pratt, Samuel Pratt, Samuel H. Pratt, Caleb Pratt & 
e7bse/9[h] Cheever, Proprietors of a Marsh, lying in Chel- 
sea in the County of Suffolk, have requested the General 
Court to authorize them to make & maintain a Dam for 
the purpose of preventing the Sea from flowing on said 
Marsh; and it appearing that great improvements might 
thereby be made in said Marsh, to the benefit of the pro- 
prietors as ivell as the Public : 

Be it Enacted by the Senate & House of Representatives 
in General Court assembled S by the authority of the same. 
That the said Samuel Gary and others aforenamed, Pro- Proprietors au. 
prietors of the Marsh aforesaid, their Heirs & Assigns, be, maklfadam— 
and they hereby are, authorized & empowered to make a 
Dam, sufficient to keep out the sea from the said Marsh, 
across from the land of the said Gary, to the Land of 
Joshua Gheever aforesaid. 

And be it further Enacted by the Authoriti/ aforesaid, -empowered 

^./ ./ y "^ "to raise money — 

that the said Samuel Gary & others. Proprietors afore- 
named, their Heirs & Assigns, be and hereby are allowed 
&j empowered, to raise by Assessment or Tax, to be made 
& levied equally on all the lands composing the said 
Marsh, within the said Dam, to be made as aforesaid, such 
Sum or Sums for defraying the Gharges of making & main- 
taining the said Dam, as shall be agreed upon by the said 
Proprietors, their Heirs & Assigns, or the major Part of 
such of them as shall be assembled at any legal Meeting 
to be called for that Purpose ; the Meeting of the said 
Proprietors to be called & conducted in the same manner 
as those of the Proprietors of common Lands, prescribed 
by an Act passed the Tenth day of March in the Year of 



136 



Acts, 1794. — Chapter 71. 



— to choose 
Officers. 



Forfeitures, in 
case. 



Proviso. 



Proprietors 
empowered to 
manage all 
matters relative 
to the Dam. 



Our Lord, one thousand, seven hundred & eighty-four, 
relating to Lands, Wharves & other real Estates undivided 
& lying in common. And the said Proprietors are hereby 
authorized & empowered to choose all such Officers as 
may be necessary, for managing the Business aforesaid, in 
the same manner as Proprietors of Common Lands are by 
Law empowered to choose Officers at their legal Meetings. 
And be it further JEiiacted by the Authority aforesaid, 
that if any Owner of any part of the said Marsh, shall 
neglect or refuse to pay the sum or Sums of money duly 
assessed on such part, for the space of six months after 
such Monies shall have been granted, and his Assessment 
shall have been made, & published by advertising the 
same in any two of the Boston Newspapers, four Weeks 
successively, then the said Proprietors for the purpose of 
paying such Assessment, are hereby fully empowered 
from time to time at public Vendue, to sell & convey so 
much of such Delinquent Proprietors Part of said Marsh 
as will be sufficient to pay & satisfy the sum or sums 
assessed upon his part as aforesaid, and all reasonable 
Charges attending such sale to any Person that will 
pay most for the same : Notice of such sale & of the 
Time & Place, being given by posting an Advertisement 
thereof in the Town of Chelsea and by publishing the 
same in at least two of the Newspapers aforesaid, five 
Weeks successively, before the time of sale : And the 
said Proprietors may by their Clerk or a Committee to be 
chosen for that purpose, execute a good Deed or Deeds 
of Conveyance, of the Part of said Marsh so sold, unto 
the purchaser thereof, to hold in Fee-Simple. 

Provided nevertheless, that the Proprietor, or Proprie- 
tors whose part or Share shall be so sold, shall have 
Liberty to redeem the same, at any time within Twelve 
Months after such Sale, by paying the Sum such Part or 
Share sold for, & charges, together Avith the further sum 
of Twelve Pounds, for each hundred Pounds produced by 
such sale, & ^o pro rata for any greater or less Sum. 

And be it further Enacted by the authority aforesaid. 
That the said Proprietors are hereby empowered to order 
& manage all Aflairs relative to the making & maintain- 
ing of the Dam aforesaid in such Way & manner as shall 
be concluded & agreed on by the Major part of those who 
are therein interested, present at any legal Meeting ; the 
Votes to be collected & accounted according to the Inter- 
ests. Approved February 28,1795. 



RESOLVES 



MASSACHUSETTS. 



1794. 



KESOLVES 



GENERAL COURT 



Commonwealth of Massachusetts, 



BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK, 
ON WEDNESDAY THE TWENTY-EIGHTH DAY OF 
MAY, ANNO DOMINI, 1794. 



BOSTON (MASSACHUSETTS :) 

PBINTED AT THE STATE PRESS, BY ADAMS AND LARKIN, 

Printers to the Commonwealth. 
ai.Dcc.xcir. 

Reprinted by Wright & Potter Printing Company, State Printers. 



RESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS, 



BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY-EIGHTH DAY OF 
MAY, ANNO DOMINI, 1794. 

His Excellency, SAMUEL ADAMS, Esq. 
Govei'nor. 

His Houor, MOSES GILL, Esq. 
Lieutenant-Govei'iior, 

GOUNCELLORS. 

Honourable Azor Orne, Honourable Samuel Baker, 

Oliver Wendell, Stephen Metcalf, 

Thomas Durfee, James Warren, 

Eleazer Bi'ooks, Samuel Thompson, 

William Shepard, Esqrs, 

Esqrs. 

The folloiving are the Names of the Gentlemen who comjjosc the tivo 
Branches of the GENERAL COURT, viz. 

SENATORS. 

Hon. SAMUEL PHILLIPS, Esq. President. 

For the County 0/ Suffolk. Comity o/Essex. 

Hon. Oliver Wendell, Hon. Azor Orne, 

Thomas Dawes, Samuel Phillips, 

Benjamin Austin jun. and Stephen Choate, 

Charles Gushing, Esqrs. Theophilus Bradbury and 

Nathan Dane, Esqrs. 



142 



Eesolves, 1794. — May Sessioj^. 



SENATORS — Concluded. 



County oj Middlesex. 
Hon. Eleazer Brooks, 

Joseph B. Vavnum, 
Ebenezer Bridge and 
Daniel Whitney, Esqrs. 

County oj Hampshire. 
Hon. William Shepai'd, 
John Hastings, 
Samuel Lyman, 
David Saxton and 
Samuel Fowler, Esqrs. 

County of York, 
Hon. Nathaniel Wells and 
Simon Frye, Esqrs. 

County of Plymouth. 
Hon. Isaac Thomas and 
Josiah Smith, Esqrs. 

County of Bristol. 
Hon. Elisha May and 

Thomas Durfee, Esqrs. 

County of Barnstable. 
Hon. Solomon Freeman, Esq. 



Cou7ities of Dukes' County & 
Nantucket. 
Hon. William Jernigan, Esq. 

County of Worcester. 
Hon. Samuel Baker, 

Jonathan Warner, 
Josiah Stearns, 
Daniel Bigelow and 
Salem Towne, Esqrs. 

County of Cumberland. 
Hon. William Wedgery and 

Stephen Longfellow, Esqrs. 

Coimties of Lincoln, Hancock 

& VVashington. 
Hon. Daniel Cony, and 

Alexander Cami^bell, Esqrs. 

County of Berkshire. 
Hon. Thompson J. Skinner and 
John Bacon, Esqrs. 

County of Norfolk. 
Hon. Stephen Metealf, 
Seth Bollard and 
James Bowdoin, Esqrs. 



MEMBERS OF THE HOUSE OF REPRESENTATIVES. 
EDWARD HUTCHINSON ROBBINS, Esq. Speaker. 



County 0/ Suffolk. 

f William Tudor, 
IgT Charles Jarvis, 
O I William Eustis, 
^ { Joseph Blake, 
Q Thomas Edwards, 
K) I John Winthrop, 

1^ Perez Morton, Esqrs. 
Hingham, Theophilus Cushing, 
Esq. 

County 0/ Essex. 
Salem, John Saunders, jun., Esq. 
Ml'. Elias Ilasket Derby, jun. 
Danvers, Israel Hutchinson, Esq. 
Ipswich, John Manning, Esq. 
Newbury, Colo. Josiah Little, 



Newbury-Port, Enoch Titcomb, 

jun. Esq. 
Marblehead, Samuel Sewall,Esq, 
Lynn & Lynnfield, John Carnes, 

Esq. 
Andover, Joshua Holt, Esq. 
Beverly, Mr. Joseph Wood, 
Rowley, Parker Cleavland, Esq. 
Salisbiiry, Jacob Brown, Esq. 
Haverhill, Capt. Francis Carr, 
Gloucester, John Low, Esq. 
Amesbury, Mr. Benjamin Lurvey, 
Bradford, Peter Russell, Esq. 
Methucn, ]\Ir. William Russ, 
Boxford, Thomas Perley, jun. 

Esq. 



Resolves, 1794. — May Session^. 



143 



REPRESENTATIVES — Continued^ 



County 0/ Middlesex 
Cambridge, Capt. Jeduthan Wil- 

lington, 
Watertoivn, William Hunt, Esq. 
CAarZestoi^^n, Richard Devens, Esq. 
Woburn, Col. John Walker, 
Concord, Mr. Jonathan Fay, 
Reading, James Bancroft, Esq. 
Marlborough, Col. Edward 

Barnes, 
Billerica, Edward Farmer, Esq. 
Framinghain, Jonathan May- 

nard, Esq. 
Chelmsford. Major John Minot, 
Sherburne, Hon. Daniel Whit- 
ney, Esq. 
Sudbury, William Rice, Esq. 
Maiden, Capt. Isaac Smith, 
Weston, Mr. Amos Bigelow, 
Westford, Zacheus Wright, Esq. 
Medford, Capt. Ebenezer Hall, 
HoiMnion, Malhew INletcalf, Esq. 
Waltham, Mr. Abner Sanderson, 
Stoio and ? Mr. Charles 
Boxborough, \ Whitman, 
Groton, Timothy Bigelow, Esq. 
Pepperell, Joseph Heald, Esq. 
Acton & Carlisle, Mr. Jonas 

Brooks, 
Lincohi, INfr. Samuel Hoar, 
East-Stidbury, Mr. Thomas 

Heard, 



County 0/ Hampshire. 
Springfield, Moses Bliss, Esq. 
West- Sx)7-ing field, Justin Ely, Esq. 

Mr. Jonathan Smith, jun. 

North Hampton ^& "I ^'^Hg^shaw 
East ffam2)to7i, \ p , ' ' 

Amherst, Ebenezer Mattoon, jun. 

Esq. 
Weslfield, Joseph Lyman, Esq. 
Deerficld, Hon. David Sexton, 

J]sq. 
Conway, William Billings, Esq. 
Neiu Salem, Ezekiel Kellogg, jvm. 

Esq. 
Monson, Mr. Caleb Keep. 
So. Brim field f Mr. Darius 
& Holland, \ IMunger, 
Brimfield, Joseph Browning, 

Esq., 



Mr. Isaac Newton, 



Williamsburg, William Bodman, 

Esq. 
Wilbraham, John Bliss, Esq. 
Worthi7iglon, Nahura Eager, Esq. 
Hadley, Mr. Jonathan Edward 

Porter, 
Palmer, Capt. Thomas McCla- 

nathin, 
Northfield, Obadiah Dickinson, 

Esq. 
Colrain, Hugh McClellan, Esq. 
Shelburne, Capt. Benjamin Nash, 
Bclcherton, Mr. Park Holland, 
Oreejifield 
& QUI, 
South Hampton, Lemuel Pome- 

roy, Esq. 
Bernardslon ) Mr. Jonathan Bud- 
& Leyden, \ ington, 
Buckland, Samuel Taylor, Esq. 
SouthwicJc, Saul F'owler, Esq. 
Warivick & ) John Goldsbury, 
Orange, \ Esq. 
Blanford, Mr. Reuben Boies, 
Long-Meadow, Gideon Burt, Esq. 
Ashfield, Mr. Ephraim Williams, 

County 0/ Plymouth. 

Plymouth, John Davis, Esq. 
Scituate, Capt. Elijah Turner, 
Duxborotigh, Major Judah Alden, 
Bridgeivater, Mr. Daniel Snow, 
Middleborough, James Sprout, 

Esq. 
Rochester, Nathaniel Spi'ague, 

Esq. 
Pembroke, John Turner, F^sq. 
Kingston, Major Seth Drew, 
Abinglon, Aaron Hobart, Esq 
Hanover, Mr. David Stockbridge, 
Marshfield, Josej^h Briant, Esq. 

County of Barnstable. 

Harwich, Mr. John Dillingham, 
Barnstable, Nathaniel Freeman, 

jun. Esq. 
Eastham, Elijah Knowles, Esq. 
Wellfleet, Samuel Waterman, Esq. 
Falmouth, Capt. David Nye, 
Dennis, Capt. Micajah Sears, 

(vacated.) 
Sandwich, Jeseph Nye, Esq. 



144 



Resolves, 1794. — May Session. 



REPRESENTATIVES— Continued. 



County of Bristol. 

Taunton, Apollos Leonard, Esq. 
Rehoboih, Phanuel Bishop, Esq. 
Swanzey, Christopher Mason, 

Esq. 
Dartmouth, Hon. Holder Slocum, 

Esq. 
Nort07i, Capt. David Clapp, 
Attleborough, Hon. Elisha May, 

Esq. 
Dighton, Thomas Church, Esq. 
Raynham, Josiah Dean, Esq. 
Easton, Col. Abiel Mitchell, 
Berkley, Samuel Tobey, Esq. 
Neio- Bedford, Mr. Seth Spooner, 
Somerset, John Bowers, Esq. 
West2Jort, William Almy, Esq. 



County of York. 

Buxton, Mr. John Woodman, 
York, Nathaniel Barrell, Esq. 
Wells, John Storer, Esq. 
Berwick, Mr. Richard Fox Cutts, 
Lebanon, Mr. Thomas M. Went- 

worth, 
Coxhall, John Lowe, Esq. 
Arundel, Capt. Jacob Wildes, 

(vacated.) 
Fryeburg, Hon. Simon Fry, Esq. 
Kittery, Mv. Mark Adams. 

County of Dukes' County. 

Chilmark, Mr. Matthew Mayhew, 
jun. 

County 0/ Nantucket. 
Sherburne, Mr. Micajah Coffin, 



Sheffield and 
Mount Washington, 



County 0/ Berkshire. 

John Ash- 
ley, jun. 
Esq. 
Oreat Barrington, Mr. David 

Wainright, 
Williamstown, Col. Samuel Sloan, 
Partridgefield, Ebenezer Pierce, 

Esq. 
New Marlborough, Obadiah Ward, 
Esq. 



Lanesborough & ) William Stark- 
New Ashford, \ weather, Esq. 
Pittsfield, Mr. John C. Williams, 
Lenox, William Walker, Esq. 
Stockbridge, Mr. Ephraim Wil- 
liams, 
Egremont, Mr. Nicholas Race, 
Tyringham, Giles Jackson, Esq. 
Sandisfield, Capt. John Picket, 
Adams, Israel Jones, Esq. 
Lee, Ebenezer Jenkins, Esq. 
Cheshire, Jonathan Remington, 

Esq. 
Richmond, Nathaniel Bishop, Esq. 



County of Worcester. 
Worcester, Samuel Flagg, Esq. 
Lancaster, Hon. John Sprague, 

Esq. 
Mcfidon, Benjamin Read, Esq. 
Brookfield, Thomas Hale, jun. 

Esq. 
Oxford, Mr. James Butler, 
Charltoji, Caleb Ammidown, Esq. 
Leicester, Thomas Denny, Esq. 
Hubbardston, IVIaj. William Ma- 

rean, 
New Braintree, Maj. Artemas 

Howe, 
Silencer, Benjamin Di'uiy, Esq. 
Weslborough, Col. Nathan Fisher, 
Northborotigh, Mr. Isaac Davis, 
Shrewsbury, Major Jonah Howe, 
Ltinenburg, Mr. Jacob Welsh, 
Uxbridge, Cajjt. Bezaleel Taft, 
Harvard, Benjamin Kimball, Esq. 
Bolton & ) Hon. Samuel Baker, 
Berlin, \ Esq. 
Sturbridge, Mr. Josiah Walker, 
Hardwick, Martin Kinsley, Esq. 
Douglass, Aaron Marsh, Esq. 
Grafton, Joseph Wood, Esq. 
Royalstoti, Mr. Isaac Gregoiy, 
Tem2)let07i, Silas Cutler, Esq. 
Princeton, Hon. Moses Gill, Esq. 
Winchendon, Mr. Samuel Pren- 
tice, 
Upton, Col. Ezra Wood, 
Dudley, John Chamberlain, Esq. 
Barre, Capt. John Black, 
Milford, Col. Samuel Jones, 
Sterling, Mr. Josiah Kendall, 
Boylston, Mr. Jonas Temj)le, 



Resolves, 1794. — May Session. 



145 



REPRESENTATIVES — Concluded. 



County 0/ Cumberland. 
Falmouth, Joseijh Noyes, Esq. 
Portland, Daniel Davis, Esq. 

]\lr. Daniel Ilsey 
North Yarmouth, Mr. William 
Martin, 

John Lewis, Esq. 
Scarborough,\\xa. Thomson, Esq. 
Brunswick, William Stanwood, 
Esq. 

County 0/ Lincoln. 
Poumalhorough, Mr. Timothy 

Parsons, 
Waldoborough, Waterman 

Thomas, Esq. 

K^?2 ''>'■■ •""■»«"»-'. 

Oeorgetotvn, Mr. Jordan Pai'ker, 
TFbo/wicA, Nathaniel Thwing, Esq. 
Boothbay, William McCobb, Esq. 
Winslow, Josiah Hayden, Esq. 
Bath, Francis Winter, Esq. 

County 0/ Hancock. 
Penobscot, Isaac Parker, Esq. 
Frankfort, Francis L. Goodwin, 

Esq. 



County of Washington. 
Machias, Phineas Bruce, Esq. 

County 0/ Norfolk. 

Roxbury, Ebenr. Seaver, Esq. 

Dorchester, Rev. Moses Evei'ett, 

Milton, Hon. Edwai'd H. Robbins, 
Esq. 

Weymotith, Nathaniel Bayley, 
Esq. 

Dedham, Mr. Nathaniel Kings- 
bury, 
Mr. Isaac Bullard, 

Brookline, William Aspinwall, 
Esq. 

Stoughton, Col. Frederick Pope, 

Dover, \ ^^^^- ^^^^^ Baxter, 

Sharon, Mr. Joseph Hewins, 
Walpole, Capt. Oliver Clap, 
Franklin, Mr. Hezekiah Fisher, 
Bellingham, Ca^it. Joseph Hol- 

brook, 
Qtmtcy, Peter Boylston Adams, 

Esq. 
Raiidolph, Samuel Bass, Esq. 



Chapter 1. 

RESOLVE ADJOURNING COURTS IN COUNTY OF WORCESTER. 

Resolved, That the Courts of Common-pleas and Gen- 
eral Sessions of the peace, to be holden at Worcester 
within and for the Comity of Worcester on the second 
Tuesday of June instant, be and they hereby are ad- 
journed unto the lir.st Tuesday of July next then to be 
holden at Worcester aforesaid within and for the county 
aforesaid. And all writs, precepts processes [es] and 
every other matter or thing returnable to the said Courts 
to be holden on the said second Tuesday of June, shall be 
returnable to the aforesaid courts on the said first Tues- 
day of July, and may have day in the same Courts and be 
prosecuted or determind as they might have been had the 
said courts been holden on the said second Tuesday of 
June. And all suits, Actions, processes, matters & things 
now pending in the said Courts may be carried on prose- 



146 Resolves, 1794. — May Session. 

cuted or determind in the said courts to be holden on the 
said first Tuesday of July in manner as aforesaid. 

June 3, 1794. 

Chapter 2. 

RESOLVE ON THE PETITION OF EBENEZER JENKINS, DIRECTING 
THE SHERIFF FOR THE COUNTY OF BERKSHIRE TO SUSPEND 
THE COLLECTION OF THE MONEY DUE ON THE SAID EXECU- 
TIONS. 

On the Petition of Ebenezer Jenkins esqr. in behalf of 
the inhabatants of the Town of Lee : in the County of 
Berkshire praying : that two Executions issued by the 
Treasurer of this Comonwealth against Peter Willcox : 
a Constable of the said Town of Lee : for a Balance due 
to the Commonwealth on the Tax issued in October one 
thousand seven Hundred & eighty one : & on the new 
Emission Tax so Called — 

Resolved that the prayer of the Petition be so far granted, 
that the Sheriff of the County of Berkshire, be and hereby 
is directed to suspend the Collection of the money due 
on the aforesaid executions for the Term of six months any 
law to the contrary notwithstanding. June 4, 1794. 

Chapter 3. 

RESOLVE DIRECTING THE TRANSFER OF THE DEBT DUE FROM 
THE UNITED STATES. 

Resolved that the Treasurer of this Commonwealth be 
and he hereby is authorised and directed to apply to the 
Treasury of the United States for certificates of the debt 
due to this State, as reported by the Commissioners for 
Settlement of Accounts between the United States and 
individual States ; and of any Interest that is or may be 
allowed on the same debt — And the said Treasurer is 
hereby Authorised and directed to cause the stiid debt and 
Interest to be transferred from the books of the Treasury 
of the United States to the books of the Commissioner of 
loans in this State — And the said Treasurer is further 
authorised to substitute some suitable person to sign the 
necessary receipts and transact the business aforesaid 
where he cannot personally attend the same. 

June 4, 1 794. 



Resolves, 1794. — May Session. 147 



Chapter 4. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE TOWN 
OF LIMERICK, ABATING THE SUM OF £.37 10, AND DIRECT- 
ING THE TREASURER IN THIS CASE. 

On the petition of the Inhabitants of the Town of Lim- 
erick in the County of York, Praying, that, a fine of thirty 
Seven pounds, & ten pence, required of Said Town for a 
Delinquency in not procuring a Soldier in the late war, 
agreably to a Resolve of the General Court, past, March 
1782. 

Resolved, for reasons mentioned in the said petition, 
that the prayer thereof be granted, and that the aforesaid 
Sum of thirty Seven pounds, & ten pence, be, and hereby 
is abated, and that, the Treasurer of the Commonwealth, 
is hereby directed to Govern himself accordingly. 

June 4, 1794. 



ANSWER OF THE HOUSE TO THE GOVERNOR'S SPEECH, AT THE 
OPENING OF THE SESSION. 

The Speech of his Excellency was committed to a joint 
Committee, consisting of Mess'rs. Dane and Bradbury, of 
the Senate — and Mess'rs. tJarvis, Titcomb, Tudor, Mor- 
ton and Mattoon, of the House : The Committee on the 
part of the House reported the following 

Answer : 

May it please your Excellency, 
While the House of Representatives have reason to fe- 
licitate their constituents on the continuance of the invalu- 
able blessings of being governed by men, elected among 
themselves, by their free and annual suffrages, they feel a 
peculiar satisfaction in finding this act of their sovereignty 
so generally exercised in the choice of their present Chief 
Magistrate. It is at once a proof of the love they bear 
their country, and of their attachment to those who have 
devoted themselves to her service : And the repeated suf- 
frages of the people of Massachusetts, in bestowing their 
first places of honor and emolument on those, who early 
adopted and never deserted their cause, must convince 
the world, that ingratitude is not the characteristic of 
Democratic Republics ; while they will serve as an encour- 
agement to men of virtue, ability and integrity, to follow 
the bright example of the American patriots. Under the 



148 Resolves, 1794. — May Session. 

influence of such examples, and in furtherance of our duty, 
We assure your Excellency that we will endeavour faith- 
fully on our part to watch and guard the interests, liber- 
ties and sovereignty of the Commonwealth, that they suffer 
no diminution. 

We consider the present war in Europe, as a war of 
principles, a combination of Kings and Nobles, temporal 
and spiritual, against the equal rights of men, civil and re- 
ligious. However, the existence of Freedom in America, 
in such a critical contest, may be thought to depend on the 
ultimate success of the French arms, and however the pri- 
vate wishes of our citizens may have been felt or ex- 
pressed for the triumph of liberty, yet such has been the 
conduct, both of the Government and people of the United 
States towards the combined powers, that the legitimate 
interests of all and each of them have been sacredly re- 
garded, and equally protected. This ought to have secured 
to us the rights of neutrality. But we have seen, with a 
mixture of regret and indignation, these rights wantonly 
invaded on the part of Great-Britain : She has insulted 
our flag, she has interrupted our lawful commerce, she has 
captured and condemned the property of our Merchants, 
she has impressed our seamen into her service, and in fine, 
she has invaded our territory. To our complaints for these 
injuries, her ministers have answered with indifference, if 
not with contempt. It was a crisis like this, which the 
people of the United States contemplated, Avhen they 
formed their union ; that the liberties, interests, and honor 
of the whole may be preserved and vindicated against 
foreign insult and invasion by the federal arm. On the 
strength of this arm, under divine Providence, we must 
rely. On the wisdom of that government we must con- 
fide. And we hope and trust that their measures have 
been such, as shall procure to our citizens indemnity for 
the injuries they have received, and security for the future 
exercise of the rights of neutrality. For although the 
preservation of peace, on safe and honorable terms, is the 
first wish of our hearts, yet we cannot but highly approve 
of every energetic measure that has been, or may be 
adopted by the government of the United States in vindi- 
cation of our violated rights, and for the immediate de- 
fence of our common count[r]y. That in case the meas- 
ures pursuing under the wisdom of that government for 
the continuance of peace should fail of success, they hope, 



Resolves, 1794. — May Session. 149 

and have a right to expect, we may be prepared for the 
last resort of nations. And we confidently trust, that 
should that unfortunate alternative happen, the people of 
Massachusetts will meet its calamities with that unanimity 
and fortitude which becomes Freemen ; and Avhen called, 
will be found ready, with their lives and fortunes, to sup- 
port the rights, interests and honor of the confederated 
Republics. 

To the several important subjects, referred to in your 
Excellency's communications, the House of Representa- 
tives will pay the earliest and most vigilant attention. 

Read and accepted. June 5, 1794. 

Chapter 5. 

RESOLVE ON THE PETITION OF ELIPHELET THORP, GRANTING 
HIM £.5 19 6. 

On the Petition of Eliphelet Thorp, praying for com- 
pensation for a sum of money he paid Isaih Thomas for 
Advertizing Deserters. 

Resolved that there be allowed and paid out of the 
Treasury of this commonwealth unto Eliphelet Thorp the 
sum of five pounds nrnteen Shillings & Six pence it iDeing 
for five pounds four Shilling & four pence paid to said 
Thomas and fifteen shillings & two pence cost of suit com- 
menced by said Thomas against said Thorp. 

June 5, 1794. 

Chapter 6. 

RESOLVE FOR CHOOSING AN ADDITIONAL NOTARY PUBLIC FOR 
THE COUNTY OF BRISTOL. 

Resolved that there be chosen in future, an additional 
Notary Public, for the County of Bristol, to reside in the 
Town of Dartmouth. June 5, 1794. 



Chapter 7. 

REPORT ON AN ACT OF CONGRESS OF THE 9TH OF MAY, 1794, 
AND A LETTER FROM THE SECRETARY OF WAR, DIRECTING 
A DETACHMENT FROM THE MILITIA OF THE UNITED STATES, 
REQUESTING HIS EXCELLENCY TO CARRY THE SAME INTO 
EXECUTION. 

The Committee of both Houses to whom were referred 
the Act of Congress passed May the Ninth 1794 directing 



150 Resolves, 1794. — May Session. 

a detachment from the militia of the United States, and a 
letter from the Secretary at War on the same subject, 
having attended to the service assigned them, are of 
opinion, that by the laws now in force the Supreme Ex- 
ecutive of this Commonwealth is authorised to cause to be 
made in this State the detachment of militia required by 
the Act of Congress and letter aforesaid — And as no les:- 
islative act on the part of this State appears to be neces- 
sary to effect the object of the said detachment — the 
Committee recommend that the Act of Cono;ress and letter 
aforesaid be referred back to His Excellency the Governor 
in order that the measures therein proposed, as far as they 
relate to this Commonwealth, may be carried into imme- 
diate effect, in such way and manner as he shall think fit 
and proper — with assurances to him that whenever the 
legislative aid of the State shall be found necessary more 
completely to arm, equip, or arrange the militia ; or to 
remedy any defects found in the laws in making detach- 
ments therefrom, the General Court will, at all times, 
afford that aid ; and make it a particular object of atten- 
tion in the present state of public affairs. 

THOS. DAWES, 

per Order. 
Read & accepted & ordered accordingly. 

June 5, 1794. 



Chapter 8. 

RESOLVE DIRECTING THE TREASURER TO CREDIT MR. SIMEON 
MASON, FOR THE SUM OF £.22 2 0. 

Whereas it appears by a Statement made by the treas- 
urer of this Commonwealth, that Simeon Mason, a Collector 
for the Town of Swanzey for the year 1770 paid into the 
treasury in the year 1772, by the hand of Phillip Miller 
the Sum of twenty-two Pounds two Shillings in part of 
his Collection, and by Some Accident Said Mason hath not 
been Credited for the above Said Sum : 

Therefore Hesolved, that, the treasurer of this Common- 
wealth, be, and he is hereby directed, to Credit the Said 
Simeon Mason, for the Sum of twenty two Pounds, two 
Shillings, paid into the treasury as aforesaid. 

June 5, 1794. 



Resolves, 1794. — May Session. 151 



Chapter 9. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF BILLERICA, 
IMPOWERING THEM, ACCORDING TO LAW, TO CHOOSE CON- 
STABLES. 

On the Petition of the Select-men of the Town of Bil- 
lerica praying that the said Town may be impower'd to 
choose a constable or constables &c. 

Resolved, That the said Town of Billerica be and they 
hereby are inipowerd in Town meeting called in due form 
of Law to choose a Constable or Constables in the manner 
they ought to have been choosen in the Month of March or 
April last to serve ye remainder of ye present year and 
the Constable or Constables so Choosen shall be proceeded 
with and shall proceed agreably to the laws respecting 
Constables choosen in the aforesaid months. And the do- 
ings of the Constables of the said Town for the year last 
past, since the Adjournment of their last March meeting 
shall have the same force and effect in law as they would 
have had, if the same Constables had been legally choosen 
in the said March or April meeting & there upon duly 
Sworn. June 6, 1794. 

Chapter 9a.* 

ORDER RELATIVE TO CEDING CASTLE ISLAND TO THE UNITED 
STATES, AND RESPECTING ALTERATIONS AND REPAIRS UPON 
THE FORTIFICATIONS ON THE ISLAND. 

Upon the question whether Castle Island in the harbor 
of Boston being the property of the Commonwealth be 
ceded to the United States it was determined in the nefja- 
tive, and thereupon 

Ordered that Thompson J. Skinner and Thomas Dawes 
esqrs. with such as the honorable House may join, be a 
Committee to enquire and report what alterations and re- 
pairs may be necessary upon the fortifications on Castle 
Island, and an estimate of the expence thereof. 

June 6, 1794. 

Chapter 10. 

RESOLVE ON THE PETITION OF ISAAC SNOW, DIRECTING JOHN 
DEMING, ESQ., TO CERTIFY IN FAVOUR OF JOHN PAIN, A 
LATE SOLDIER IN COL. CRANE'S REGIMENT. 

On the Petition of Isaac Snow administrator on the 
Estate of John Pain Mariner. 

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



152 Resolves, 1794. — Mat Session. 

Resolved that John Deming Esqr. Certify to the Gov- 
ernor and Council the Pay or arrears of Pay due to the 
said John Pain Late a Soldier in Colo. Crane's Regiment 
— and the Treasurer on Receiving a Warrant therefor is 
directed to Issue his Note or Notes to the said Isaac Snow 
administrator as aforesaid in the same way and manner 
as l^as been Practiced in Paying other Soldiers for Simelar 
Services. Juyie 6, 1794. 

ANSWER OF THE SENATE TO THE GOVERNOR'S SPEECH AT THE 
OPENING OF THE SESSION. 

In Senate, June 7th, 1794. 
Ordered, That Benjamin Austin, jun. Samuel Fowler, 
and Theophilus Bradbury, Esquires, be a Committee to 
wait on his Excellency the Governor, with the following 
Answer to his Excellency's Speech, at the opening of the 
Session. 

SAMUEL PHILLIPS, President. 

May it Please your Excellency , 

The Senate participate with you the satisfaction you 
express in the continuance to the citizens of this Common- 
wealth, of that important portion of their sovereignty, the 
right of choosing such persons as they judge best quali- 
fied to administer their public afiairs. In the free exer- 
cise of this right, they have elected you to be Governor 
of this Commonwealth, and thereby given to you and the 
world, new yn'oof of their approbation of your past con- 
duct, and of their contidence in your continued exertions 
for their happiness. On this event we beg your Excel- 
lency to accept our congratulations. 

We join with you in sentiment, that the present period 
is critical. It is a period in the affairs of our country in 
which we cannot but consider the most disinterested union 
and exertions of all her friends peculiarlj^ important. 

While the government of the union have justly consid- 
ered the United States as a neutral power, and while from 
the strict observance of such neutrality, towards the bel- 
ligerant powers, we were entitled to all the rights of a 
neutral nation, it is painful to observe, that our commerce 
has been repeatedly interrupted, our property to a large 
amount seized and condemned, our Flag insulted, and our 
seamen abused by some of the combined powers, espe- 
cially the British nation, in open violation of the laws of 
nations, and without any just provocation whatever. 



Kesolves, 1794. — May Session. 153 

Had the United States retaliated such conduct by imme- 
diate reprisals, such retaliation would have been justifiable 
by the laws and usages of nations ; and the measures they 
have steadily pursued to preserve peace, and to prevent 
the further extention of the calamities of war, will con- 
vince the impartial part of mankind, that peace and good 
neighbourhood, on honourable terms, are the sincere and 
constant wish of America. 

But if the measures adopted to continue the blessings 
of peace shall not prove successful, and the United States 
must have recourse to arms to obtain satisfaction for the 
injuries done them, we have the fullest confidence, that 
the people of this State will heartily unite with their 
brethren of the other States, in a cause so just and im- 
portant. In the mean time we conceive it will be prudent 
and highly expedient to make all necessary preparation for 
such an event. 

The communications your Excellency has made to us 
shall be attended to, and we shall endeavour seasonably to 
lay before you all such matters as by the Constitution 
must receive your approbation, and to render your admin- 
istration easy to yourself, and beneficial to the Common- 
wealth. Jime 7, 1794. 

Chapter 11. 

RESOLVE ON THE PETITION OF JACOB BACON, GRANTING HIM 

£.24 15. 

On the petition of Jacob Bacon who was Surgeon of the 
Armed Ship Sky Rocket in the Service of this State in the 
Penobscot Expedition and in consideration of his services 
and Sufferings on that occasion for which he has had no 
compensation. 

Hesolved, that there be allowed and paid out of the 
Treasury of this Commonwealth to the said Jacol) Bacon 
the sum of Twenty four pounds fifteen shillings in full of 
the said Jacob's Wages & Losses in the service aforesaid. 

June 7, 1794. 

Chapter 11a.* 

ORDER ON THE PETITION OF JONATHAN HOLMES AND OTHERS. 

On the Petition of Jonathan Holmes & others Pray- 
ing for the Repeal of a law of this Commonwelth pased 

* Not printed In previous editions. 



154 Resolves, 1794. — May Session. 

on the Eighth Day of November A. D. 1785 for regulat- 
ing the alewive fishery in a River in the town of Kings- 
ton in the County of plimouth Called Jones River. 

Ordered that the said Jonathan Holmes notify the inhabi- 
tence of the sd. town of Kingston to appear on the second 
Wednesday of the next sitting [o/*] the general Court of this 
Commonwilth by serving the town Clerk of sd. town of 
Kingstown with an attested Coppy of his Petition and this 
order thereon thirty Days at least before the time above 
prefixed to shew Cause if any they have why the Prayer 
thereof should [not^ be granted. June 7, 1794. 

Chapter 11b.* 

ORDER ON THE PETITION OF HENRY HODGE AND OTHERS. 

On the petition of Henry Hodge, Samuel Nichols and 
John McKown, Executors of the last will of Robert 
Hodge deceased, praying for power to convey a small 
peice of marsh and flats, which he in his lifetime bargained 
and contracted to convey to Joseph Carleton of Pownal- 
borough, yeoman. 

Ordered that the petitioners notify the said Joseph and 
the right heirs of the said deceased by serving them four- 
teen days at least before the next session of the General 
Court with a copy of the said petition and of this order, 
that they, or either of them may appear, if they see fit, on 
the second Wednesday of that session, to shew cause, if 
any they have, against the prayer of the said petition. 

June 7, 1794. 

Chapter 13. 

RESOLVE ON THE PETITION OF JOHN C, WILLIAMS, ESQ. IN BE- 
HALF OF DARIUS BUCKLIN, DIRECTING THE TREASURER TO 
ALLOW THE SAID DARIUS, £.10 2 IN SETTLEMENT WITH 
CALEB HYDE. 

On the petition of Darius Bucklin setting forth that he 
paid to Caleb Hyde Esqr, whilst the said Hyde was Sher- 
iff of the County of Berkshire, the sum of ten pounds & 
two pence on an execution in favour of the Common-wealth 
against him as a deficient collector of taxes which sum 
said Hyde neglected to endorse on said execution whereby 
said Bucklin is liable to pay the same again. 

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



Resolves, 1794. — May Session. 155 

liesolved that the Treasurer of this Commonwealth be 
and he hereby is authorized & directed to allow the said 
Darius the said sum of ten pounds & two pence in settle- 
ment with him in the same manner as though the payment 
thereof had been indorsed by said Hyde on said Execu- 
tion. June 9, 1794. 

Chapter 13. 

RESOLVE ON THE PETITION OF EPHRAIM MOWER. 

On the Petition of Ephraim Mower praying to be Li- 
censed to keep a Tavern, in the Town of Worcester, in 
the County of Worcester, 'till the next Licensing Term, 
in said County — for reasons set forth in said Petition. 

liesolved, That any Two Justices of the peace within sd. 
County Quorum Unus, be & they are herby authorized & 
empowered, to License the said Ephraim Mower, to keep 
an Open Tavern in said Town of Worcester, until the 
next Licensing Term in said County ; Provided, that the 
sd. Ephraim, shall fully comply with the Laws in that be- 
half made & provided. June 9, 1794. 

Chapter 14. 

RESOLVE ALLOWING COUNTY TREASURER'S ACCOUNT, FOR THE 
COUNTY OF DUKE'S COUNTY, AND GRANTING A TAX. 

Whereas the Treasurer of the County of Dukes County, 
has laid his Accounts before the Genl. Court in manner 
by law prescribed which Accounts are hereby Alowed — 
And whereas the Clerk of the Court of the General Ses- 
sions of the peace for sd. County has laid before the sd. 
Court an estimate made by the Court of General Ses- 
sions of the Peace, of the necessary Charges which are 
likely to arise in sd. County the year Current amounting 
to One hundred Pounds : 

Resolved that the sum of One hundred Pounds be & 
hereby is granted as a Tax for sd. County of Dukes 
County to be apportioned Assessed, Collected & Applied 
in manner provid[ecZ] by Law. June 9, 1794. 

Chapter 15. 

RESOLVE ON THE PETITION OF CHARLES SHELDON. 

On the Petition of Charles Sheldon the father & Guar- 
dian of Elizabeth Sheldon, Charles Sheldon & Francis 



156 Resolves, 1794. — May Session. 

Sherman Sheldon, praying that he may be authorized to 
make & execute a Deed of certain lands mentioned in said 
Petition to George Hollister & Willm. Covil of Lanes- 
borough in the County of Berkshire. 

Resolved for the reasons set forth in the said Petition 
that the said Guardian be & he hereby is authorized to 
make & execute to the said Hollister & Covil a Deed in fee 
simple of the west second division lot in said Lanesbor- 
ough drawn on Home Lot No. 55 there — containing about 
one hundred acres. Provided the said Guardian shall 
previously give Bond with sufficient sureties to the Judge 
of Probate for the County of Hampshire, conditioned that 
the proceeds of the sale of said land as specified in said 
Petition, shall be put on Interest on good security for the 
Benefit of his said Children. June .9, 1794. 

Chapter 16. 

RESOLVE ON THE PETITION OF THE .SELECTMEN OF THE TOWN 
OF WALDOBOROUGH, DIRECTING THE TREASURER TO CREDIT 
SAID TOWN WITH THE SUM OF £.22 10, FOR NOT SENDING A 
REPRESENTATIVE. 

On the Petition of the Selectmen of the Town of 
Waldoborough in behalf of said Town praying for the 
abatment of a Fine laid on Said Town for not sendino^ a 
Representative to the General Court. 

Resolved for Reasons set forth in said Petition that the 
Prayer therof be granted and that the Treasurer of this 
Commonwealth be and he is herby Directed to Credit the 
Town of Waldoborough the Sum of Twenty Two Pounds 
Ten Shillings which w^as the sum set on them as a fine for 
not sending a Representative to the General Court in the 
year 1793. June 9, 1794. 

Chapter 17. 

RESOLVE ON THE PETITION OF JOHN CLARK, AND OTHERS, 
APPOINTING A COMMITTEE TO VIEW THE PREMISES, AND 
TO APPRAISE THE VALUE THEREOF, AND THE TREASURER 
DIRECTED IN THIS CASE. 

On the Petition of John Clark &. others Praying, that 
a Committee may be appointed to apprise a certain tract 
of land lying in the town of Hubbardstown, now in their 
Possession & which has been Confiscated to the Common- 
wealth, as belonging to the Estate of John Murray Esqr. 
a Conspirator. 



Resolves, 1794. — May Session. 157 

Resolved that John Sprague & Daniel Bigelow Esqr. & 
Capt. John Black be a Committee to view the premises & 
to appraise the value thereof & to make such adjustment 
& settlement with them in behalf of this Commonwealth 
as to them shall appear Just & reasonable, & the Peti- 
tioners shall pay, or give satisfactory security for the pay- 
ment for sd. Land to the Treasr. of the Commonwealth 
— & the Treasurer as aforesd. shall give a Certificate of 
such payment to the Petitioners & the Kegister of deeds 
for the County of Worcester upon Rect. of such Certifi- 
cate shall discharg the Mortguage upon sd. Land given by 
Jona. & John Caroll to the sd. Murry and the Committee 
aforesd. are hereby Authorized & empowered to make & 
execute a good & suificient deed of the sd. Land to the 
Petitioners upon their making the payments as aforesd. 

Jxcne 9, 1794. 

Chapter 18. 

RESOLVE ON THE PETITION OF NICHOLAS RACE, IN BEHALF OF 
THE TOWN OF EGREMONT. 

On the Petition of Nicholas Pace in behalf of the Town 
of Egremont Setting forth that they are deficient in the 
No. 4 Tax, and praying that they may be relieved in the 
payment of said tax. 

Resolved for reasons set forth in said Petition that the 
prayer thereof be so far granted, that the sd. Town of 
Egremont Shall pay into the Treasury of this Common- 
wealth the sum of thirty five pounds Seven Shilling in 
Specie, within nine months from the passing of this Re- 
solve, which Shall be in full discharge of the sd. Tax, and 
the Treasurer is hear by directed to govern him Self Ac- 
cordingly. June 10, 1794. 

Chapter 19. 

RESOLVE ON THE PETITION OF JOHN CHANDLER WILLIAMS, 
IN BEHALF OF THE INHABITANTS OF THE TOWN OF PITTS- 
FIELD, AUTHORIZING THE TREASURER TO DISCHARGE THE 
INHABITANTS FROM THE BALANCE OF THE TAX MENTIONED. 

On the Petition of John Chandler Williams in behalf 
of the inhabitants of the town of Pittsfield praying for 
reasons set forth in the Petition that the ballance due on a 
tax committed to Joseph Wright to collect in the year 
1780 payable in Continental Currency amounting to up- 



158 Kesolves, 1794. — May Sessio:n^. 

wards of three thousand pounds in old continental bills 
may be settled in specie, according to the present value 
of the said bills. 

Resolved, that the prayer of the petition be granted so 
far, that the treasurer be & he hereby is authorized & 
directed to discharge the said inhabitants from the balance 
of the said tax provided they shall pay in to the treasury 
by the first day of February next the ballance aforesaid at 
the rate of one in specie for one hundred in the said bills. 

June 10, 1794. 

Chapter 20. 

RESOLVE EMPOWERING THE TREASURER TO APPLY TO THE 
TREASURY OF THE UNITED STATES, TO PROCURE THE BAL- 
ANCE TO BE FUNDED AGREEABLY TO THE TERMS OF AN ACT 
OF THE UNITED STATES. 

Whereas the Commissioners for settling accounts be- 
tween the United States and the individual States have 
reported a balance of One million, two hundred and forty 
eight thousand, eight hundred and one dollars, due to this 
Commonwealth : 

Resolved, that the Treasurer of the Commonwealth be 
and hereby is authorized and empowered in behalf of this 
state to apply to the Treasury of the United States to 
procure the said balance to be funded, agreeably to the 
terms of an Act of the United States, intituled " an Act 
to provide more eftectually for the settlement of Accounts 
between the United States and individual States " — And 
the said Treasurer is directed to apply to have funded in 
like manner any interest that may be allowed on said bal- 
ance to the last day of December of the present year, by 
an act of the United States, passed in the present Session 
of Congress. 

And be it further resolved. That the Treasurer aforesaid 
be and hereby is authorized, to do the duty assigned to 
him by this resolution, either by himself or by some other 
person, substituted by him for that purpose. 

June 11, 1794. 

Chapter 20a.* 

ORDER ON THE PETITION OF DAVID MOSELEY. 

On the petition of David Moseley praying for leave to 
build a toll Bridge over Westfield river in the County of 
Hampshire. 

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



Resolves, 1794. — Mat Session. 159 

Ordered that the said petitioner notify all persons con- 
cerned to appear on the second Wednesday of the next 
sitting of the General Court, by publishing his petition and 
this order thereon, three weeks successively in the News- 
papers })rinted at Springfield and Northampton, and shew 
cause if any they have, why the prayer of said petition 
should not be granted. June 11, 1794. 



Chapter 21. 

RESOLVE ON THE PETITION OF THE PASTOR AND COMMITTEE 
OF THE FIRST PARISH IN THE TOWN OF BERWICK, AUTHOR- 
ISING JOHN THOMPSON, PASTOR, AND OTHERS, TO MAKE SALE 
OF THE LAND MENTIONED. 

On the petition of the pastor & committee of the first 
parish in the town of Berwick praying that they may be 
authorised & empowered to make sale of about six acres 
of parsonage land in said parish. 

Resolved, that John Thompson pastor and Dominicus 
Goodwin Ichabod Goodwin & John Lord committee of 
the first parish, in the town of Berwick, be, & they are 
hereby authorised and empowered to make sale of about 
six acres of land belonging to said parish and adjoining 
land of Simeon Brock with the appurtenances thereof in 
such way & manner and for such sum or sums of money 
as shall be most for the interest of the said parish and to 
make & execute a deed or deeds in due form of law of 
the same lands, which deed or deeds so executed ac- 
knowledged & recorded shall be sufficient in law to pass 
to the purchaser or purchasers their heirs & assigns for- 
ever all the right title & interest, which said parish & 
pastor have in & to said land provided nevertheless, that 
the money received for the aforesaid land shall be put on 
Interest and remain for the use of the ministry of said 
parish. 

And he it further Resolved that the Treasurer of said 
parish for the time being, be and he is hereby authorised 
to receive said money from time to time as occasion may 
require and to let the same out again on interest to be 
paid annually, taking Sufficient Security in the name of 
said parish for the use of the ministry thereof, in double 
the value of said money, the interest to be appropriated to 
the use of the ministry of said parish in the same manner 
as the improvement of said land originally was appro- 
priated. June 11, 1794. 



160 Kesolves, 1794. — May Session. 



Chapter 33. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF DEDHAM, DIRECTING THE TREASURER TO DISCHARGE SAID 
TOWN OF THE SUM OF £.15. 

On the petition of the Selectmen of the Town of Ded- 
ham setting forth tiiat said town has been called upon by 
the Treasurer of sd. Commonwealth: for the sum of fif- 
teen pounds in specie as a deficiency in the payment of 
a tax committed to Ebenr. Shepard Collector of taxes for 
sd. town for the Year 1778. 

Resolved for reasons set forth in said petition that the 
said town of Dedham be discharged from the said sura of 
fifteen pounds & the treasurer is hereby directed to gov- 
ern himself accordingly. June 11, 1794. 

Chapter 33. 

RESOLVE ON THE PETITION OF SHUBALE PECK, ALLOWING HIM 
£.5 3, FOR HIS TIME AND EXPENCES ATTENDING THE COURT 
OF COMMON PLEAS, AT BOSTON, IN 1782, AND DIRECTING THE 
TREASURER IN THIS CASE. 

On the Petition of Shubale Peck praying to be Diss- 
charged from the Payment of five Pounds & three Pence, 
that appears by the treasurers Books to be Due from him 
to this Commonwealth. 

Resolved for Reasons set fourth in said Petition that the 
Preayr thereof be granted, and that the Sum of five Pounds 
and three Pence be allowed to the Said Shubale Peck, in 
full for his time and Expences attending the Court of 
Common Plese at Boston in the year 1782 and all other 
demands on the Comonwealth, and the Treasurer is Di- 
rected to govern him Self accordingly. June 11, 1794. 

Chapter 34. 

RESOLVE ON THE PETITION OF ELECTA ANDREWS, OF LENOX, 
AUTHORIZING MARY ANDREWS TO SELL THE TRACT OF LAND 
MENTIONED. 

On the Petition of Electa Andrews of Lenox in the 
County of Berkshire, by her Guardian Mary Andrews, 
praying that her said Guardian may be authorized to sell 
a certain tract of land lying in Lenox aforesaid, to Jona- 
than Patten Esqr. of Stockbridge. 

Resolved for the Reasons set forth in the said Petition 



Resolves, 1794. — Mat Session. 161 

that the said Mary Andrews be & she hereby is author- 
ized to sell to the said Jonathan the tract of land afore- 
said, containing about seven acres and one half, being 
land set oif to the said Electa as part of the Estate of 
William Andrews deceasd. her father ; and to make a 
Deed of the said land to the said Jonathan in fee simple 
— Pi'ovided the said Mary shall previously give bond 
with sufficient sureties to the Judge of Probate for the 
said County of Berkshire, conditioned that the proceeds 
of said sale shall be put on interest on good security for 
the Benefit of the said Electa — and provided also that the 
said Judge of Probate shall approve of the sum for which 
the said sale of the land aforesaid shall be made. 

June 11, 1794. 

Chapter 34a.* 

ORDER TO THE ATTORNEY GENERAL TO REPORT CERTAIN 
FACTS TO THE GENERAL COURT. 

Ordered that the Attorney General of this Common- 
wealth make report to the General Court, as soon as may 
be, and so far as he has information, a list or schedule of 
the debts which were due to certain persons commonly 
called consperators on the thirtieth day of April 1779 and 
which by force of an act of that date entitled " an act to 
confiscate the estates of certain notorious consperators 
against the government and liberties of the inhabitants of 
the late province now state of Massachusetts " escheated 
to and become the property of this Commonwealth ex- 
pressing in the said list or schedule the names of the 
debtors the amount of the debts due from each, and the 
name of the consperator to whom due ; and when any 
measures have been adopted as to any of said debts ex- 
pressing the tenor thereof; also stating the [the] nature 
of the evidence and the probability of recovering the same 
debts remaining due. Ju7ie 11, 1794. 

Chapter 35. 

RESOLVE ON THE PETITION OF HANNAH EASTMAN, AUTHOR- 
IZING HER TO SELL SO MUCH OF THE INTESTATE REAL ES- 
TATE, LYING IN AMESBURY, AS WILL AMOUNT TO £.220. 

On the petition of Hannah Eastman of Newtown in the 
County of Rockingham Widow Administratrix upon the 

* Not printed in previous editions. 



162 Eesolves, 1794. — May Session. 

Estate of Isaac Easman late of said Newtown Yeoman 
deceased intestate shewing that, the personal estate of the 
intestate being insufficient to pay his debts by the sum of 
Two hundred & twenty pounds, she had obtained licence 
from the Judge of probate for said County of Rocking- 
ham to sell so much of the real Estate of the intestate as 
would amount to that sum ; That the real Estate of said 
Intestate consists of a farm lying partly to wit thirty- 
five Acres thereof in sd. Newtown in said County of Rock- 
ingham and ye Remainder in about fifty six Acres lying in 
Amesbury in the County of Essex within this Common 
wealth which part lying in said Amesbury can be better 
spared & with less injury to the whole, the buildings & 
improvements being principally in said Newtown, and 
therefore praying that she may be authorised to sell of the 
said real Estate of the intestate lying in said Amesbury 
to the amount aforesd. and for the purpose aforesaid in- 
stead of selling that part thereof lying in said Newtown. 
Resolved that the said Hannah Eastman in her said 
Capacity be and she hereby is authorised & impowerd to 
sell so much of said Intestate's real Estate lying in said 
Amesbury instead of that lying in said Newtown to the 
amount aforesaid for the purpose aforesd., the said Han- 
nah first giving Bond with sufficient surety or sureties be- 
ing inhabitants of this Commonwealth to the Judge of 
Probate in & for the County of Essex & to his acceptance 
that she will account with the Judge of Probate for said 
County of Rockingham for the proceeds of said sale & pay 
the monies thence arising agreeable to his order & de- 
cree, — she the said Hannah observing all the rules & 
directions in the laws of this Common wealth prescribed 
respecting the sale of Estates of intestates by Executors 
& Administrators and she first returning to the Judge of 
probate for the County of Rockingham, the licence she 
has obtained from him as aforesd. and procuring the same 
to be annulled by him or giving him such security as He 
may require that she will make no use of the same. 

June 11, 1794. 

Chapter 35a.* 

ORDER ON THE PETITION OF THE INHABITANTS OF THE TOWNS 
OF CAMBRIDGE, WATERTOWN, WALTHAM AND NEWTON. 

On the Petition of sundary Inhabitants of the Towns of 
Cambridge, Watertown, Waltham, and Newton, praying 

• Not printed in previous editions. 



Resolves, 1794. — Mat Session. 163 

that a draw may be erected in the Bridge over Charles 
River in said Cambridge. 

Ordered, that the Petitioners notify the said Towns of 
Cambridge and Lexington, by leaving an attested Copy 
of their said Petition and this order thereon with the 
Town Clerk, or some one of the Selectmen of the said 
Towns, respectively, thirty days, at least, before the 
second Wednesday of the next session of the General 
Court, to shew cause, if any they have, on the said second 
Wednesday why the prayer of the said Petition should 
not be granted. June 12, 1794. 

Chapter 35b.* 

ORDER ON THE PETITION OF JOSHUA EMERY. 

On the petition of Joshua Emery of Berwick in the 
County of York, and others, praying to be incorporated as 
a religious Society. 

Ordered that the petitioners notify both the Parishes in 
Berwick aforesaid to shew cause, if any can be shewn on 
the second Wednesday of the next setting of the General 
Court, why the prayer of said petition should not be 
granted by serving each of the Clerks of said Parishes 
with an attested copy of said petition, and of this order 
thereon, thirty days at least before the said second Wed- 
nesday of the next sitting of said Court. 

June 12, 1794. 

Chapter 26. 

RESOLVE ON THE PETITION OF WILLIAM FROST, ADMINISTRA- 
TOR ON THE ESTATE OF THE LATE REV. NATHAN HOLT, CON- 
FIRMING THE TITLE OF THE LAND MENTIONED. 

On the Petition of William Frost Administrator of the 
Estate of the late revd. Nathan Holt, who was Minister 
of the South Parish of Danvers in the County of Essex, 
and with the consent of the revd. Samuel Mead present 
Minister there. 

Resolved, that the Parcel of Land part of an half Acre 
of Land anciently granted by the Town of Salem to that 
Parish for the Use of the Ministry, and situate therein, 
viz. four poles on the front and the same width through 
to the North side of said half Acre, on the side next to 
the land now or lately John Upton's, voted granted and 
assigned by the said Parish at a legal meeting of the In- 

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



164 Kesolves, 1794. — Mat Session. 

habitants held on the 5th day of Februaiy 1783, by 
adjournment from the 27th day of January in the same 
year, to the said Nathan Holt then Minister of the said 
Parish and to his heirs and assigns, and which grant since 
the said Holt's decease has been confirmed to his heirs, by 
a Deed made by Nathan Procter in the name of the In- 
habitants of the same Parish and pursuant to their Vote 
and Order at a legal meeting held on the 10th day of 
June 1793, — shall be and the same is hereby confirmed 
and the Title which the said Holt had therein and which 
descended to his heirs is declared to be valid according to 
the Intent of the said Grant of the said Parish and as con- 
firmed by them, any supposed law usage or custom to the 
contrary notwithstanding ; provided that nothing herein, 
shall discharge the said Parcel of Land from the De])ts of 
the said Holt at his decease. June 13, 1794. 

Chapter 27. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF BRIDGETON, 
DIRECTING THE ASSESSORS TO ADD THE SUM OF £.100 TO 
THEIR PROPORTION OF THE STATE TAX WHICH MAY BE 
GRANTED THE PRESENT SESSION, AND TO ASSESS THE SAME. 

On the Petition of the Selectmen of Bridgeton setting; 
forth that by a Resolve of the General Court of the 28th 
of January last the Inhabitants of said town were re- 
quired to pay into the Treasury the sum of one hundred 
pounds by the first day of January 1795, — and praying 
that a rule may be established, whereby the aforesaid sum 
may be legally assessed, and that the time of payment 
may be extended. 

Resolved for reasons set forth in said Petition that the 
Assessors of Bridgeton are hereby directed to add the sum 
of one hundred pounds to their proportion of the State 
Tax which may be granted the present Session of the 
General Court, and assess the same on the Polls and 
Estates within the town of Bridgeton in the same propor- 
tion as the said Polls and Estates pay towards the sum 
set on said town by the Act aforesaid, to be certified to 
the Treasurer of the Commonwealth, levied, collected, 
and payment thereof enforced according to the rules of 
Law for certifying, levying collecting and enforcing State 
Taxes ; and that the same sum of one hundred pounds be 
paid into the Treasury on or before the first day of June 
1795, any thing in the Resolve aforesaid to the contrary 
notwithstanding. June 13, 1 794.' 



Resolves, 1794. — May Session. 165 



Chapter 38. 

RESOLVE ON THE PETITION OF NATHANIEL BISHOP, ESQ. — 
GRANT TO HIM. 

On the Petition of Nathaniel Bishop representing that 
in prosecution of the duty assigned him by a Resolve of 
the Legislature of the 26th of February last he has been 
obliged to expend the sum of Fifty pounds two shillings 
and ten pence in discharging an execution extended by 
Henry Van Schaack Esq. on the farm ceeded to the Com- 
monwealth by Caleb Hyde Esq. and in doing other duties 
relating to said farm over the sum of ninety pounds which 
he has received by virtue of said Resolve and praying 
payment of the said sum. 

Resolved that there be allowed & paid out of the 
Treasury of this Comonwealth, to the said Bishop the 
Sum of Fifty pounds two shillings and ten pence being 
the ballance of his Account. June 14^ 1794. 

Chapter 39. 

RESOLVE ON THE REPRESENTATION OF JOHN HASTINGS, ESQ. 
EMPOWERING HIM TO COMPLETE THE BUSINESS OF HIS FOR- 
MER APPOINTMENT. 

On the representation of John Hastings Esqr. seting 
forth that he togather with Ephm. Wright Esqr. were 
appointed a Committee to make Sale of a tract of Land 
belonging to this Commonwealth lying in the County of 
Hampshire & before they had fully compleatecl said bussi- 
ness the said Ephraim Wright Died. 

Resolved that the said John Hastings Esqr. l)e & he 
liereliy is impowerd & directed to proceed on & com- 
pleat the l)ussiness of his former appointment & to make 
& Execute any Deed or Deeds that may be necessary to 
finish said bussiness & the Money arising from the sale of 
the said Lands to pay into the Treasury of this Common- 
wealth. June 14, 1794. 

Chapter 30. 

RESOLVE ON THE PETITION OF SETH SPOONER, IN BEHALF OF 
JOHN ROUSE, DIRECTING THE TREASURER TO ISSUE HIS 
NOTE. 

On the Petition of Seth Spooner in behalf of John 
Rouse, a Soldier in Colo. Marshalls Regiment iti the late 
Continental Army seting forth that his Wages have been 



166 Eesolves, 1794. — May Session. 

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 John Rouse 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. June 14, 1794. 

Chapter 31. 

RESOLVE ON THE PETITION OF LEONARD STONE, OF TEMPLETON, 
AUTHORISING HIM TO SELL THE LAND MENTIONED. 

On the Petition of Leonard Stone of Templeton in the 
County of Worcester Gardian to Martha Wyman of said 
Templetown insane praying that he may be Authorized to 
make Sale of fifteen Acres of Land lying in the Town of 
Sterling in said County, also Seven Acres of Land with 
one half of a Dwelling House Standing on the Same and 
ten Acres of Woodland in the Town of Lancaster in the 
Same County — for Reasons mentiond in said Petition. 

Resolved that the prayer of said Petition be granted and 
that the said Leonard be and hereby is fully Authorized 
to sell the above mentioned Tracts of Land together with 
one half of said Dwelling House on the best Terms he 
can & to make and execute good and lawful Deed or 
Deeds of Said Tracts of Land and one half of Said Dwell- 
ing House to any Person or Persons who shall purchase 
the Same, and the said Leonard is directed to apj^ly the 
Money arising by said Sale to the best purpose for the 
use and Support of the said Martha AVyman he observing 
in every respect the rules and regulations established by 
law for executors administrators and guardians who obtain 
licence from the Supreme Judicial Court, for the sale of 
real estate. Ju7ie 14, 1794. 

Chapter 33.* 

RESOLVE ON THE PETITION OF WILLIAM SHAW, AUTHORISING 
THE COURT OF COMMON PLEAS, IN AN ACTION COMMENCED 
AGAINST JOHN LANE AND THOMAS ERASER, TO CORRECT AN 
ERROR IN SAID ACTION. 

On the petition of William Shaw praying that certain 
Errors may be corrected which have happened in an action 

* No chapter 32. 



Kesolves, 1794. — Mat Session. 167 

originally commenced by him against John Lane & 
Thomas Fraser, but afterwards prosecuted to final Judg- 
ment in the Court of Common pleas in & for ye County 
of Surtblk against said John Lane only ; and that the 
Record may conform to ye writ as originally purchased. 

Resolved, That the Justices of the said Court of Com- 
mon pleas, on ye application of ye said William therefor, & 
due notice thereof beinir oiven to said Lane & Fraser, 
or their agent or attorney, and on due i)roof that the 
original writ was purchased against said John Lane & 
Thomas Fraser & that their estate in common was duly 
attached on the same writ, be, and they hereby are fully 
authorised & empowered at the Court of Common pleas 
next to be holden in said County, (if they see fit & pro- 
vided the said Frazer or his legal Representative shall 
consent to become a Party thereto) to restore the said 
writ to its original tenor and form, and in such way & 
manner as to them may seem most proper, to cause the 
files, Record, Judgment and execution on the writ so re- 
stored to comport and agree with the same. 

June 16, 1794. 

Chapter 33a.* 

ORDER ON THE PETITION OF JOSEPH NORTH & OTHERS. 

On the petition of Joseph North & others inhabitants 
of the County of Lincoln praying that said County may 
be divided into two separate districts for the purposes 
mentioned in said petition. 

Ordered that the petitioners notify the Inhabitants of 
said County by publishing the substance of said petition 
with this order thereon three weeks in the Newspaper 
called the Eastern Herald printed at Portland by Thos. 
B. Wait and the Gazette of Maine the last publication to 
be thirty days previous to the second Wednesday of the 
next sitting of the Genl. Court, in order that the said in- 
habitants or any of them, may then appear & shew cause 
if any they have why the prayer of said petition shall not 
be granted, & the sd. County of Lincoln divided con- 
formably to the following lines to wit — beginning at An- 
droscoggin river at the Southwesterly corner of the town 
of Green from thence running easterly to the southeast 
corner of sd. town, thence Northerly to the Northwest 

* Not printed in previous editions. 



168 Resolves, 1794. — Mat Session. 



corner of Bowdoin thence easterly on the North line 
of Bowdoin & Bowdoinham to Kennebeck river, thence 
easterly across said river in the Southerly line of Pittston 
to the Southeast corner of Pittston, thence Northerly on 
the east line of said town of Pittston to the southeast 
corner of Hallowell & from thence on a strait line to the 
Southwesterly corner of the County of Hancock. 

June 16, 1794. 

Chapter 34. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF SPRINGFIELD, DISCHARGING THE TOWN OF THE SUM MEN- 
TIONED, UPON PAYING £.11 5 10. 

On the petition of the Selectmen of the town of Spring- 
field setting forth that a tax was assessed on the said town 
for the year 1773 and £37. 14. 9^ part thereof was com- 
mitted to Simeon Dewey then one of the constables of 
the said town to collect — that he collected the said sum 
and remained within the Government till the commence- 
ment of the late war; when he moved into another State, 
not having paid any part of the sum to the Treasurer ; 
that the said Simeon has never returned, & has left no 
estate to answer said Sum, and is unable to pay it — that 
West Springfield, Long Meadow, and Ludlow, have been, 
since said tax was assessed, on the town aforesaid, set 
off from the then town of Springfield — to which towns, 
so set off, it belonged to pay £.26. 8. 11 part of said 
sum — and praying to be discharged of part of said sum. 

Resolved that the said town of S})ringfield be discharged 
of the sum first above mentioned on paying into the Treas- 
ury of the Commonwealth the sum of eleven pounds five 
shillings and ten pence one farthing being their })roportion 
of the first mentioned sum. June 16, 1794. 

Chapter 34a.* 

ORDER RELATIVE TO THE BALANCE SAID TO BE DUE TO THE 
STATE OF NEW YORK. 

Whereas the Governor of the State of New York repre- 
sents that there is a Balance due to that State on account 
of Expenditures attending the adjustment and ascertain- 
ing the jurisdiction line between the said State and this 
Commonwealth : 

* Not printed in previous editions , 



Resolves, 1794. — May Session. 169 

Ordered that the Treasurer of this Commonwealth be 
and he hereby is ordered & directed to lay before this 
Court as soon as may be, a Statement of Facts relative to 
the monies advanced and the account rendered by the 
Commissioners who were appointed on the part of this 
Commonwealth that Justice may be done as to the Prem- 
ises. June 16, 1794. 

Chapter 35. 

RESOLVE ON THE PETITION OF WILLIAM STARKWEATHER, 
DIRECTING THE TREASURER TO CREDIT THE DISTRICT OF 
NEW ASHFORD, THE SUM OF £.64 7 1 ; AS ALSO A FURTHER 
SUM, IN FULL COMPENSATION OF LAND GRANTED TO SAID 
DISTRICT FOR PUBLIC USES. 

On the Petition of William Starkweather. 

Resolved that the Treasurer of this Commonwealth be 
and is hereby directed to Credit the district of New 
Ashford the sum of Sixty four pounds seven shillings and 
one penny being the said district's proportion of the New- 
Emission tax granted May one thousand seven hundred 
and eighty one, also to Credit the said district thirty four 
pounds eight shillings and seven pence which is in full of 
tax No. nine & ten, the said sums to be iu full compen- 
sation for six hundred & eighty acres of Land granted to 
said District for public uses on the 26th June 1786, of the 
benefit of which grant the said district has been deprived. 

Jxinell, 1794. 

Chapter 36. 

RESOLVE DISCHARGING JOHN DEMING, ESQ. AND DIRECTING 
THE SECRETARY AND TREASURER TO RECEIVE THE BOOKS 
IN HIS OFFICE. 

Whereas it is made to appear to this Court that the un- 
claimed ballances due from this Commonwealth to the 
Officers & Soldiers of the late Army, are so regularly 
aranged that it is unnecessary for the Commonwealth to 
be at any further expence of Supporting an Officer for the 
purpose of certifying such Ballances to the Governour and 
Council to enable them to grant Warrants for the pay- 
ment of such ballances : 

Therefore Resolved that on or before the fifteenth day 
of July next John Deming Esqr. be & he hereby is 
directed to deliver over into the custody of the Secretary 



170 Resolves, 1794. — May Session. 

all Army Books — and into the hands of the Treasurer of 
this Commonwealth all other Books and papers now in 
his Office ; and from and after the said Fifteenth Day of 
Jul}^ that the said John Deming be discharged from any 
further duty or attendence on the Bussiness which has 
been committed to him — And the Secretary is hereby 
directed to receive & keep under his particular & special 
charge all the Army Books in the Office of the said Dem- 
ing — And whenever Application shall be made with 
proper Vouchers for any such ballances, the Secj'etary is 
hereby directed to lay the Account of such Ballance be- 
fore the Governour & Council who are hereby authorized 
& impowered, whenever the Legislature shall direct, to 
make out Warrants on the Treasurer for the same in man- 
ner prescribed by Law — And the Treasurer of this Com- 
monwealth is hereby Authorized and directed to take 
charge of all other Books and papers in the Office of the 
said Deming. June 17, 1794. 

Chapter 37. 

RESOLVE AUTHORIZING THE TREASURER TO TAKE MEASURES 
FOR COLLECTING THE MONIES DUE TO THIS COMMONWEALTH, 
ON A NOTE SIGNED BY MICHAEL HILLEGAS, ESQ. 

Hesolved that the Treasurer of this Commonwealth be 
and he hereby is fully authorized & impowered to take 
such measures as he shall think best for collecting the 
monies due to this CommonweaUh on a Note signed by 
Michael Hillegas Esqr. any thing contained in the Resolu- 
tion of the 27th of February last past to the contrary not- 
withstanding. June 17, 1794. 

Chapter 38. 

RESOLVE RELATIVE TO PAYMENT OF WHITNEY, COOLIDGE AND 
WHITNEY, FOR SUPPLIES FURNISHED GARRISON AND CON- 
VICTS ON CASTLE ISLAND. 

Resolved that his Excellency the Governor wnth advice 
of Council be and hereby is requested to draw his War- 
rant on the Treasury quarter yearly for the monies that 
may appear to them to be due to Messrs. Whitney Cool- 
idge and Whitney for provisions & Cloathing that may be 
by them furnished for the Garrison & Convicts on Castle 
Island conformable to an Agreement made with them by 
the Treasurer of the Commonwealth on the 10th Day of 
April last past. June 17, '17 94. 



Resolves, 1794. — May Session. 171 



Chapter 39. 

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE 
GENERAL COURT. 

Resolved, that there be allowed and paid out of the 
Treasury of this Common-wealth, to each Member of the 
Council, Senate, and House of Representatives, nine shil- 
lings for each days attendance the present session, and a 
like sum for every ten miles travel, from their respective 
places of abode — to the place of the sitting of the Gen- 
eral Court. 

And he it further Resolved, that there be paid to the 
President of the Senate, and the Speaker of the House of 
Representatives, six shillings for each day's attendance 
over and above their pay as Members. June 17, 1794. 

Chapter 40. 

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

On the petition of the Select Men of the Town of Sher- 
burn praying for a relinquishment of Sums due on Taxes 
N. 5 and N. 6. 

Resolved, that the prayer of [of] the petition be so far 
granted, that the remaining sum due on the specie part of 
Tax N. 5, being Three Hundred & fifty four pounds One 
shilling & nine pence, be, and is hereby remitted ; and 
that a further time of six Months be given to the Inhabi- 
tants of said Town, to collect & pay into the Treasury of 
the Commonwealth the sum of Four Hundred and Eighty 
I wo pounds twelve shillings & 2 d being the amount of N. 
6 Tax, due from that Town — and the Treasurer is hereljy 
directed to govern himself accordingly. June 18, 1794. 

Chapter 41.* 

RESOLVE ON THE PETITION OF ELISHA PORTER, ESQ. SHERIFF 
OF THE COUNTY OF HAMPSHIRE, DIRECTING THE TREAS- 
URER TO CREDIT HIM WITH A CERTAIN SUM, UPON HIS PAY- 
ING £.153 3 3, WITHIN TWELVE MONTHS. 

On the petition of Elisha Porter esqr. Sheriif of the 
County of Hampshire setting forth that he has sustained 
great losses in the collection of the public executions that 

* Taken from court record. 



172 Kesolves, 1794. — May Sessioi^^. 

have been committed to him for taxes prior to tax No. 
six, by the fidlure of his deputies to whom he was neces- 
sitated to commit them. 

Re^solved for the reasons set forth in his said petition 
that the Treasurer of this Commonwealth be, and he 
hereby is directed to credit the said Elisha Porter in the 
Books of the Treasury, the sum of three liundred and six 
pounds six shillings and six pence three farthings, which 
is a balance due from the said Elisha to the Treasury of 
the Commonwealth, for the avails of executions for taxes, 
prior to tax number six committed to said Porter. I*ro- 
vided he the said Porter shall pay into the Treasury of 
this Commonwealth, the sum of one hundred and fifty 
three pounds, three shillings and three pence, within 
twelve months from the passing of this Resolve. 

June 18, 1794. 

Chapter 43. 

RESOLVE ON THE PETITION OF GEORGE McINTIRE. 

On the Petition of George Mclntire. 

Resolved for reasons Set forth in his Petition that there 
be allowed and paid out of the Treasury of this Common- 
wealth to the said Georo-e Mclntire the sum of Four 
pounds Eleven shillings and nine pence Two Farthings in 
full for so much money by him twice paid, for Taxes Com- 
mitted to him to Collect. June 18, 1794. 

Cliapter 43. 

RESOLVE RESPECTING THE UNORGANIZED MILITIA. 

Whereas it is necessary that the Orders of the Supreme 
Executive of the United States for detatching a part of 
the Militia of this Commonwealth should be carried into 
immediate Effect — & whereas some parts of the Militia 
of this Commonwealth are at present unorganized : 

Resolved, that the Selectmen of any Town where the 
Militia are unorganized, shall, when required by the 
Major Genl. of the Division to which such Town belongs, 
forthwith enroll every person resident in such Town 
liable to do military Duty & make return thereof to the 
Major Genl. & shall detach therefrom the full quota re- 
quired of such Town & make return thereof forthwith to 
the Major Genl. & isuch Detatchments shall be officerd 



Kesolves, 1794. — May Session. 173 

under the direction of the Major Genl. agreably to the 
Constitution & Laws of this Commonwealth — And in 
Case the Selectmen of any Town shall neglect or refuse 
to comply with this Resolve the Town to which such 
Selectmen belong[s] shall forfeit & pay a fine often pounds 
for each & every person liable to be detatched as aforsaid, 
to be recovered by any Person who shall prosecute for 
the same, one moiety thereof to the Prosecutor & the 
other Moiety thereof to the use of the Commonwealth. 

June 19, 1794. 



Chapter 43a.* 

ORDERED ON THE PETITION OF THE SOUTH PRECINCT OF CAM- 
BRIDGE. 

On the petition of the south Precinct of Cambridge. 

Ordered that the petitioners notify Thomas Gardner 
mentioned in said petition by leaving an attested copy of 
said petition and this order thereon with the said Gardner, 
at least ten days before the second Wednesday of the 
next sessions of the General Court ; that said Gardner 
may then appear and shew cause, if any he has, why the 
prayer of said petition may not be granted. 

June 19, 1794. 



Chapter 44. 

RESOLVE ON THE PETITION OF SAMUEL TENNEY, ATTORNEY 
TO THOMAS SILLEY. 

On the petition of Samuel Tenney Attorney to Thomas 
Silley late a Soldier in Colo. Brooks's Regiment. 

Resolved that John Deming Esqr. Certify to the Gov- 
ernor and Council the pay or arrears of Pay due to the 
said Thomas Silly late a Soldier in Colo. Brooks's Regi- 
ment ; and the Treasurer on Receiving a Warrant there- 
for is directed to Issue his note or notes, to the said 
Thomas Silley in the same way and manner as has been 
Practiced in paying other Soldiers for Simelar services. 

June 19, 1794. 

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



174 Kesolves, 1794. — May Session. 



Chapter 45. 

RESOLVE ON THE PETITION OF ROYAL SAYLES, GUARDIAN OF 
OLIVER ALDRICH, EMPOWERING HIM TO SELL THE FARM 
MENTIONED, WITH A PROVISO. 

On the Petition of Royal Sayles Guardian of Oliver 
Aldrich a person non Compos mentis praying to be Im- 
powered to Sell a farm of Said Oliver's, Situate in the 
Town of Doughiss. 

Resolved, that the Said Royal Sayles be & he hereby is 
Impowered to Sell the Said farm mentioned in the Peti- 
tion and to make and execute a good and SuflScient deed 
of the Same to the purchaser and the deed so made &, Ex- 
ecuted Shall Transfer & Convey the Same farm to the 
Purchaser aforesaid in the Same manner as a like deed 
made & Executed by the said Oliver, would have Con- 
veyed the Same when of Sane mind & Sound under- 
standing. Provided alhvays that the Sale be made with 
the free Consent of the wife of the Said Sayles which She 
is to Signify by her name being mentioned in the deed & 
by her Signing and Sealing the Same, and that Previ- 
ous to making & Executing the before mentioned deed he 
give Sufficient Security to the Treasurer of the Town of 
Douglass to Indemnify the said Town from any expence 
respecting the Support or maintenance of the Said Oliver, 
and like Security to the Judge of Probate for the County 
of Worcester, to account for the proceeds of the Sale 
with Lawful Interest from the time of Sale. 

June 19, 1794. 

Chapter 46. 

RESOLVE ON THE PETITION OF EZEKIEL GARDNER, DIRECTING 
THE COMMITTEE FOR METHODISING ACCOUNTS, TO CERTIFY 
THE BALANCE DUE TO HIM. 

On the petition of Ezekiel Gardner, a Non-Commission 
officer in a Regement of Artillery, Commanded by Thomas 
Crafts Esqr. praying for the deprec[^Jation of his wages. 

Resolved, that the Committee for methodizing publick 
Accts. be and they are hereby directed, to make up, and 
certify the balance due to the said Ezekiel Gardner for the 
depreciation of his wages to the time he was discharged ; 
And the Governor, with advice of Council is requested to 
issue a warrant, for the Same, and the Treasurer is hereby 
directed, to issue a Note therefor, in the Same Manner as 



Resolves, 1794. — May Session. 175 

was practiced to other Soldiers in Said Eegiment, any 
Law or resolve to the Contrary, notwithstanding. 

June 19, 1794. 

Chapter 47. 

RESOLVE ON THE PETITION OF DANIEL ILSLEY, EMPOWERING 
THE TREASURER TO SETTLE HIS ACCOUNT. 

On the Petition of Daniel Ilsley, praying that a Com- 
mittee might be appointed to examine & settle his Accts. 
with the Commth. 

Resolved, that the Treasurer be & he hereby is impow- 
ered & directed to settle all Accts. between the Com- 
month. & the said Daniel Ilsley. June 20, 1794. 

Chapter 48. 

RESOLVE ON THE PETITION OF WOODBRIDGE LITTLE AND JOSHUA 
DANFORTH, IN BEHALF OF THE INHABITANTS OF THE TOWN 
OF PITTSFIELD, DIRECTING THE TREASURER TO RECEIVE A 
CERTAIN SUM. 

On the Petition of Woodbridge Little & Joshua Dan- 
forth in behalf of the Inhabitants of the town of Pitlsfield. 

Resolved, for reasons set forth in said petition, that the 
prayer thereof, be so far granted, that the treasurer of this 
Commonwealth be, & he hereby is, authorized & directed, 
to receive of the said Inhabitants the sum of thirty nine 
pounds five shillings & two farthings lawful money, in full 
of the sum due upon the October Tax 1781 from Abijali 
Hinman a deficient collector for the said town of Pittsfield. 

June 19, 1794. 

Chapter 49. 

RESOLVE APPOINTING A COMMITTEE TO RECEIVE FROM ALEX- 
ANDER HODGDON, LATE TREASURER, ALL THE PUBLIC BOOKS 
AND PAPERS IN HIS POSSESSION, AND TO EXAMINE THE 
SAME AND TO REPORT. 

Resolved, That Thomas Edwards Esquire and Mr. 
John Sandersjr.be & hereby are appointed a Committee 
to receive from Alexander Hodgdon late Treasurer of 
this Commonwealth all the public books & papers in his 
possession, to examine the same and state such ballance 
as shall appear therefrom, and to report the result of their 
examination on the first Thursday of the next session of 



176 Resolves, 1794. — May Session. 

the General Court — and the said Committee are hereby 
authorized to employ a Clerk to assist them in the said 
Business at the chari^e of this Commonwealth. 

June 19, 1794. 

Chapter 50. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR 
THE COUNTY OF MIDDLESEX AND GRANTING A TAX. 

Whereas the Treasurer for the County of Middlesex has 
laid his Accounts liefor[e] the General Court in manner 
prescribed by Law, which Accounts are hereby allowed — 
& whereas the Clerk of the Court of General Sessions of 
the Peace for the sd. County has laid before the General 
Court an estimate made l)y the Court of general Sessions 
of the Peace of the necessary charges likely to arise in sd. 
County the Current year amounting to the sum of five 
hundred pounds : 

Resolved that the sum of five hundred pounds, be and 
hereby is granted as a Tax for the sd. County of Middle- 
sex to be apportioned, Assessed, Collected & Applied in 
manner agreeably to Law. Jane 19, 1794. 

Chapter 51. 

RESOLVE, DIRECTING THE TREASURER TO ISSUE HIS WARRANT 
AGAINST THE TOWN OF HOPKINTON, FOR THE ASSESSMENT 
OF £.39 1 3. 

Whereas the Town of Hopkinton stands Charged on the 
old Books of Harinson Gray Esqr. former Treasurer of 
this Commonwealth the sum of one Hundred and two 
pounds eight shillings & eleven pence, and it appears that 
the sum of thirty nine pounds one shilling and three pence 
only is Due : 

thirefore Resolved that the Treasurer be Directed to 
Issue his warrant against the said Town of Hopkinton 
Directing the Assessors of said Town to asses the said 
Town the Sum of thirty nine pounds one shilling & three 
pence and pay the same into the Treasury of this Com- 
monwealth with the next State Tax and that the said Town 
of Hopkinton be Discharged from the remainder of the 
Said Sum. June 20, 1794. 



Resolves, 1794. — May SEssioisr. 177 

Chapter 52. 

RESOLVE ON THE PETITION OF WILLIAM BILLINGS, IN BEHALF 
OF MOSES. HAYDEN, DIRECTING THE TREASURER TO RE- 
CEIVE £.140, IN SPECIE, WITH A PROVISO. 

On the Petition of Willm. Billings in behalf of Moses 
Hay den of Conway in the County of Hampshire. 

Resolved for Reasons Set forth in Said Petition that the 
prayer thereof be so far granted that the Treasurer of the 
Con)mon wealth be and he is hereby directed to Receive of 
Said Moses Hayden the Sum of one hundred and forty 
pounds in Specie in full for the Sum of two hundred and 
Ninety three pounds Seventeen Shillings & Six pence due 
from said Town of Conway on Taxes Number four and 
Number five payable in Army Notes and Indents Com- 
mitted to Tertius French Collector in Said Town, provided 
Said Sum is paid within Six Months from the Date of this 
Resolve. June 20, 1794. 

Chapter 53a.* 

ORDER ON THE PETITION OF THE TOWN OF WILLIAMSBURGH. 

On the petition of the town of Williamsburgh, praying, 
that the boundary line between said town, and the towns 
of Chesterfield and Goshen, may be settled and confirmed. 

Ordered that Thompson J. Skinner, Timothy Robinson 
and Warham Parks Esqrs., be a Committee to repair to 
said towns for the purpose of viewing and making inquiry 
into their several locations & boundaries aforesaid. And 
said Committee if they should judge it necessary may em- 
ploy some suitable surveyor and chain barers, the whole 
expence attending such view and enquiry to be paid by 
said town of Williamsburgh, or by all of said towns, 
in such proportion as said Committee shall determine. 
And said Committee are directed to give notice to the 
towns aforesaid of this appointment, and of the time and 
place they shall appoint for commencing said view and 
enquiry by causing a copy of this order, and a written 
notification of the time and place they shall appoint as 
aforesaid, to be left with the respective town Clerks of 
the several towns aforesaid, thirty days at least before 
the time they shall so appoint, and to make report to 
the General Court of their doings and opinion respecting 
said boundary lines as soon as may be. Jime 20, 1794. 

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



178 Resolves, 1794. — May Session. 



Chapter 53. 

RESOLVE ON THE PETITION OF THE TOWN OF HAWLEY. 

On the Petition of the Selectmen of the Town of Haw- 
ley praying for ye Abatement of their Taxes amounting in 
specie to Sixty pounds two Sliillings being assesd. on the 
Inhabitants of said Town previous to their Incorporation. 

Resolved that the Assessors of the Town of Hawley be 
and hereby are directed with out Delay to assess upon the 
Inhabitants thereof according to Law if not already as- 
sessed, and make Return of said Assesment to the Treas- 
urer of this Commonwealth the Sum of twenty Seven 
pounds twelve Shillings & three pence being the Sum Set 
on Said luhaljitants in Tax Number Six, also the further 
Sum of twelve pounds fourteen Shilliogs and three pence 
Set on Said Inhabitants in Tax Number Seven, also the 
further Sum of Nine pounds Seventeen Shillings and nine 
pence Set on Said Inhabitants in Tax Number Eight, also 
the further Sum of Nine pounds Seventeen Shillings and 
nine pence Set on Said Inhabitants in Tax Number Nine. 

And be it further Resolved that the Said Town may dis- 
charge themselves of the aforesd. Sums by applying the 
whole amount thereof to the purpose of makeing and re- 
pairing the most publick and extensive Road or Roads lead- 
ing through the ^auie, provided that the Said Town Shall 
in one year from the Date of this Resolve produce to the 
Treasurer of this Commonwealth a Certificate under the 
hands of the Assessors or Clerk of Said Town Shewing 
that Said Town hath Complied with the true Intent &, 
Meaning of the aforesfoing Resolve. And the said Treas- 
urer is hereby directed on Receiving the aforesd. Certifi- 
cate to Discharo;e the Town from the Sums mentiond in 
the Resolve aforesd. but in Default thereof the Said Town 
Shall be held to pay the whole of the aforesd. Sums into 
the Treasury and the Treasurer is hereby directed to gov- 
ern himself accordingly. June 20, 1794. 

Chapter 54. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR 
THE COUNTY OF PLYMOUTH AND GRANTING A TAX. 

Whereas the Treasurer for the County of Plymouth, has 
laid his Accounts befor[e] the General Court in manner 
by Law prescribed which Accounts are hereby alowed : & 



Eesolves, 1794. —^ May Session. 179 

whereas the Clerk of the Court of General Sessions of 
the Peace for the sd. 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 in 
sd. County the Current year amounting to the sum of 
three hundred & thirty pounds : 

. Resolved, that the sum of three hundred & thirty 
pounds be & is hereby granted as a tax for the sd. County 
of Plymouth, to be apportioned assessed. Collected & 
Applied in manner agreable to Law. June 20, 1794. 

Chapter 55. 

RESOLVE DIRECTING THE TR^IASURER TO STAY EXECUTION 
AGAINST THE ESTATE OF SAMUEL McCOBB, UNTIL. 

Resolved, that the Treasurer of this Commonwealth be 
and he hereby is directed to stay Execution against the 
Estate of Samuel McCobb Esq. late of George Town, de- 
ceased, for any sum of money, which may be due from 
said Estate to the Commonwealth, untill the End of the 
next Session of the General Court. June 20, 1794. 

Chapter 56. 

RESOLVE ON THE PETITION OF THE TOWN OF SUNDERLAND. 

On the petition of the Town of Sunderland in the County 
of Hampshire & for the reasons therein mentioned. 

Resolved, that the Treasurer of this Commonwealth be 
and he hereby is directed to pay to & for the use of said 
Town of Sunderland the sum of One hundred pounds 
.being the fortieture of two recognizances entered into by 
Asa Lyon as principal and Daniel Whittemore Esq. as 
surety, for said Asa's appearance at the Court of General 
Sessions of the peace held at Springfield in & for said 
County of Hampshire on the third Tuesday of January 
last, as soon as the same shall be recoverd in due Course 
of law and paid into the Treasury deducting the amount 
of such Costs as have attended the prosecutions on which 
said Recognizances were enterd into, as they shall be 
taxed by said Court, provided hoiuever and it is further 
resolved that if the said Daniel Whittemore shall convey 
in fee simple to the said Town of Sunderland to their 
acceptance, the lands which they granted & conveyed to 
said Asa. Lyon as a Consideration of his settlement with 
them in the work of the Ministry, & which the said Asa 



180 Resolves, 1794. — May Sessioi^^. 

has convey'd to said Whittemore & thereupon said Town 
shall pay all Costs that have legally arisen upon the prose- 
cutions aforesd., and of any further proceedings upon said 
forfieted recognizances, then & in such case no further 
proceedings be had against said Whittemore upon said 
Recognizances, and that the said forfietures thereof be 
Remitted to the said Whittemore. June 20, 1794. . 

Chapter 57. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR 
THE COUNTY OF LINCOLN AND GRANTING A TAX OF £.1197 3 7^. 

Whereas the Treasurer for the County of Lincoln has 
laid his Accounts before the General Court Avhich Ac- 
counts are hereby allowed — And whereas the Clerk of 
the Court of General Sessions of the peace for the sd. 
County, has laid before the General Court an Estimate 
made by the sd. Court of Sessions, of the necessary 
charges which will be likely to arise in the sd. County 
the Current year amounting to the sum of Eleven hundred 
& ninety seven pounds three shillings & seven pence |d : 

Resolved that the sd. Sum of Eleven hundred & nin[e]ty 
seven pounds three shillings & seven pence |d. be & 
hereby is granted as a Tax for the sd. County of Lincoln 
to be apportioned. Assessed, colle[c]ted & Applied in 
manner provid[e(^] by Law. June 20, 1794. 

Chapter 58. 

RESOLVE ON THE PETITION OF JOHN READ AND JOSIAH 
QUINCY. GRANT TO. 

On the Petition of John Read & Josiah Quincy, praying" 
to be reimbursed certain expences, arising in the defence 
of a suit in error commencd, by the Heirs of Eliakim 
Hutchinson, deceased, against the Tenants in possession 
of certain Lands formerly the property of said Hutchin- 
son, & confiscated to the Commonwealth — the same lands 
being conveyed to said Tenants, by the Commonwealth 
with Warranty. 

Resolved for Reasons set forth in said Petition, that 
there be paid out of the Treasury of this Commonwealth 
to the said Read & Quincy the sum of sixteen pounds ten 
shillings in full, for their expences, in defending the suit 
aforesd. ; & that the Treasurer of this Commonwealth, is 
hereby directed to govern himself accordingly. 

June 20, 1794. 



Eesolves, 1794. — Mat Sessioi^-. 181 



Chapter 59. 

RESOLVE ON THE PETITION OF JAMES SPROUT, ADMINISTRA- 
TOR ON THE ESTATES OF SAMPSON DAVID AND CHARLES 
ANTHONY, DIRECTING JOHN DEMING, ESQUIRE, TO CERTIFY 
THE BALANCE DUE TO THEM. 

On the Petition of James Sprout, administrator on the 
Estates of Sampson David and Charles Anthony late pri- 
vate Soldiers in the Continental Army in Colo. Bradford's 
Regiment. 

Resolved that John Deming Esqr. Certify to the Gov- 
ernor and Council the Pay or arrears of pay due to the 
said Sampson David and Charles Anthony late private 
Soldiers in Colo. Bradford's Regiment ; and the Treasurer 
on receiving a Warrant therefor is directed to Issue his 
note or notes to the said James Sprout administrator as 
aforesaid in the same way and manner as has been prac- 
ticed in Paying other Soldiers for Simelar Services. 

June 20, 1794. 

Chapter 60. 

RESOLVE ON THE PETITION OF GIDEON TENNEY, ADMINISTRA- 
TOR ON THE ESTATE OF JOHN TENNY, DIRECTING JOHN 
DEMING, ESQ. TO CERTIFY THE BALANCE DUE TO HIM. 

On the Petition of Gideon Tenney administrator on the 
Estate of John Tenny late a Sergeant in the Continental 
Army, in Colo. Bigelows Regiment. 

Resolved that John Deming Esqr. Certify to the Gov- 
ernor and Council the pay or arrears of Pay due to John 
Tenny, late a Sergeant in Colo. Bigalow's Regiment and 
the Treasurer on receiving a Warrant therefor is directed 
to Issue his note or notes to the said Gideon Tenny Ad- 
ministrator as aforesaid in the same way and manner as 
has been practiced in paying other Soldiers for Simelar 
Services. June 20, 1794. 

Chapter 61. 

RESOLVE ON THE PETITION OF WILLIAM JEFFORDS, DIRECTING 
THE TREASURER TO DELAY EXECUTION UNTIL NEXT SES- 
SION OF THE GENERAL COURT. 

On the petition of William Jeflords former Constable 
and Collector for the Town of Wells praying to be dis- 
chargd from the demand of the Treasurer relative to a 
Class Tax, amomiting to seventy four pounds one shilling 



182 Resolves, 1794. — May Session. 

and eight pence committed to him to collect in the year 
1782. 

Resolved that this Petition be so far granted that the 
Treasurer be directed to delay Execution till the next 
session of the General Court. June 20, 1794. 

Chapter 63. 

RESOLVE REMITTING FINES TO SEVERAL TOWNS FOR NOT 
SENDING REPRESENTATIVES. 

Whereas the towns hereafter ennumerated were fined in 
the several sums annexed to their respective names for 
not sending a Representative to the General Court, the 
last year that is to say 
The town of Methuen Twenty seven pounds ten shillings. 

South Hadley seventeen pounds ten shillings. 

Brookline twenty five pounds. 

Hardvvick thirty five pounds. 

Chelsea Twenty pounds. 

Bath Twenty Pounds. 

Milford Twenty Pounds. 

Falmouth Twenty two pound ten shillings. 

Chilmark twenty five Pounds. 

Duxborough twenty five Pounds. 

Hanover twenty Pounds. 

Hubbardston Seventeen pounds ten shillings. 

Dighton Twenty seven pounds ten shillings. 

South brimfield twenty Pounds. 

Royalston Seventeen pounds ten shillings. 

New Bedford Sixty pounds. 

Taunton Sixty pounds. 

Winchendon Twenty Pounds. 

Douglas Seventeen pound ten shillings. 

Leicester Twenty five Pounds. 

Woolwich Twenty Pounds. 
Resolved for reasons set forth by representations from 
the aforesd. towns respectively, that the sd. fines be re- 
mitted, & the towns aforesd. are hereby respectively dis- 
charged from paying the same ; any law or Resolve to the 
Contrary notwithstanding. June 20, 1794. 



Resolves, 1794 — May Session. 183 



Chapter 63. 

RESOLVE GRANTING A TAX TO BE ASSESSED ON THE INHABI- 
TANTS IN THE COUNTY OF NORFOLK. 

Whereas the Clerk of the Court of General Sessions of 
the Peace for the County of Norfolk, has laid before the 
General Court, an estimate made by the Court of General 
Sessions of the Peace of said County, of the Cost of build- 
ing a Court house. Jail and of other necessary charges, 
which are likely to arise in said County the present year, 
amounting to eleven hundred & forty eight pounds twelve 
shillings : 

Hesolved that the sum of eleven hundred and forty eight 
pounds twelve shillings be, and hereby is granted, as a 
Tax for said County of Norfolk, to be assessed, collected, 
and applied for the purposes aforesaid, in manner pre- 
scribed by law. June 20, 1794. 



Chapter 64. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR 
THE COUNTY OF BERKSHIRE AND GRANTING A TAX OF £.600. 

Whereas the Treasurer of the County of Berkshire has 
laid his Accounts before the General Court in manner by 
law prescribed, which Accounts are hereby alowed : & 
whereas the Clerk of the Court of General Sessions of the 
peace for the sd. 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 in sd. 
County the Current year, amounting to the sum of six 
hundred pounds : 

Resolved that the sum of six hundred pounds be & 
hereby is granted as a Tax for the sd. County of Berk- 
shire to be apportioned, assessed Collected & Applied in 
manner agreably to Law. June 20, 1794. 

Chapter 65. 

RESOLVE ON THE PETITION OF EZRA KELLOGG. 

On the Petition of Ezra Kellogg a Deputy Sherrift' for 
the County of Berkshire praying for reasons Set forth in 
Said Petition that he may be exempted from Prossecution 
for the Escape of Amos Richards a Prisoner at Lenox, dur- 



184 Resolves, 1794. — May Session. 

ing the sitting of the Supreme Judicial Court in that place 
in September term 1792. 

Resolved, that the Prayer of the Said Petition be Granted, 
and that the Said Ezra be, and he is hereby exempted 
from all legal Prossecution against him on Account of Said 
Escape, and the Attorney General and all other persons 
concerned are hereby directed to conduct themselves ac- 
cordingly. June 20, 1794. 

Chapter 66. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR 
THE COUNTY OF BRISTOL AND GRANTING A TAX. 

Whereas the Treasurer for the County of Bristol has 
laid his Accounts 1)efore the General Court in manner by 
Law prescribed which Accounts are hereby alowed : & 
whereas the Clerk of the Court [of the Court] of General 
Sessions of the peace for the sd. County, has laid before 
the General Court an estimate made by the Court of Gen- 
eral Sessions of the peace of the necessary charges likely 
to arise in sd. County the Current year amounting to the 
sum of five hundred pounds : 

Resolved, that the sum of five hundred pounds, be & 
hereby is granted as a Tax for the sd. County of Bristol, 
to be apportioned. Assessed, Collected & Applied in 
manner agreable to Law. June 20, 1794. 

Chapter 67. 

RESOLVE GRANTING JACOB ABBOT 4000 ACRES OF LAND ON HIS 
COMPLEATING A ROAD. 

On the petition of Jacob Abbot setting forth that he has 
been & still is attempting to open a road from Kennebeck 
river to the upper Cohoas on Connecticut River & that he 
has already expended a considerable sum of money in this 
business which if compleated will be of importance to the 
community at large & particularly to this State as the 
said road will run about twenty five miles through lands 
belonging to the Commonwealth including a tract of land 
contracted to be sold to Messrs. Fry Barlow & others 
& praying for assistance to compleat this his design. 

Resolved that there be & hereby is granted to the said 
Jacob Abbot his heirs and assigns, four thousand acres of 
land to be laid out in one tract in township No. six adjoin- 



Resolves, 1794. — May Session. 185 

ing one of the side lines of said township, which township 
was surveyed, by Saml. Titcomb in the year 1793 & lying 
near "Webb's pond so called — Pi'ovuled that the said 
Abbot shall open & compleat or cause to be compleated 
a good & passable road at all seasons of the year for trav- 
ellers & teamsters with their horses teams & carriages at 
least twenty feet wide with the necessary causeways & 
l)ridges to extend from Farmington or Tyngstown North 
of said Webb's pond to the line of New Hampshire towards 
the upper Cohoas, to be compleated within eighteen 
months from the passing this Resolve — And the Com- 
mittee for sale of Eastern lands or the major part of them 
are hereby directed upon receiving satisfactory evidence 
of the said road lieing opened & compleated in manner, & 
within the time limited aforesaid to execute a deed to the 
said Abbot his heirs or assigns of the tract of land men- 
tioned aforesaid in manner as prescribed in this Resolve. 

June 20, 1794. 



Chapter 68. 

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

On the Petition of the Select Men of the Town of 
Montgomery in the County of Hampshire in behalf of the 
Inhabitants of said Town, praying for an abatement of 
certain Taxes which were laid upon the Town of Westfield 
in the year 1780, at which Time Montgomery was a part 
of said Town of Westfield, and which Taxes have thro' the 
deficiency of Reuben Williams then Constable & Collector 
of said Town of Westfield been again assessed upon said 
Westfield. 

Resolved, that the Treasurer of this Commonwealth be 
and he hereby is directed to credit the said Town of 
Westfield in the Books of the Treasury, in part satisfaction 
of said Tax, the sum of eleven pounds & eleven shillings, 
being the proportion of the said loss occasioned by said 
deficiency, which would fall upon the said Town of Mont- 
gomery — Provided, that the Inhabitants of said Mont- 
gomery expend and lay out that sum in amending & 
repairing such of the public roads in the same Town as 
stand most in need of Repair — and provided also that the 
Select Men of Montgomery certify the same to the Treas- 
urer aforesd. on or before the first day of February next. 

June 20, 1794. 



186 Kesolvbs, 1794. — Mat Session. 



Chapter 69. 

RESOLVE ON THE PETITION OF THE COMMITTEE OF THE FIRST 
PARISH IN ROXBURY, EMPOWERING THEM TO CALL A MEET- 
ING FOR THE PURPOSES MENTIONED. 

On the Petition of Joseph Euggles & Neheh. Munroe, 
the Committee for the first Precinct in the Town of Rox- 
bury, prayino- for liberty to call a Precin[c]t meeting hav- 
ing neglected the same at the proper time, as sett forth 
in their petition. 

Resolved that the Committee aforsd. are hereby im- 
powered to call a meeting of the Inhabitants of the first 
Precin[c]t in Roxbury aforsd. on or before the tenth day 
of July next, to transact the bussiness of the Precin[c]t 
or Parish aforsd. in as full and ample a manner as if it had 
been done in the month of March or April, as by Law 
directed. June 20, 1794. 

Chapter 70. 

RESOLVE ON THE PETITION OF AARON RICE AND JOSIAH WHITE, 
DIRECTING THE COMMITTEE FOR THE SALE OF CERTAIN 
LANDS IN THE COUNTY OF HAMPSHIRE, TO RECEIVE 6s 8rf IN 
THE POUND, WITH INTEREST FOR TWO NOTES GIVEN THEM. 

On the petition of Aaron Rice and Josiah White. 

resolved for reasons set forth in said petition that David 
Smead and Hugh McClellan Esqrs. who were a committee 
for the sale of certain lands the property of this Common- 
wealth be and they hereby are directed to receive of the 
said Rice and White the sum of six shillino-s and eio^ht 
pence with the Interest thereof for every twenty shillings 
originally due on two notes given by them respectively to 
Jonathan Hastings both amounting to nearly one hundred 
and forty pounds payable in consolidated notes of said 
Commonwealth and which said notes were transferred by 
said Hastings to said committee in payment for certain 
lands by them sold to him. June 21, 1794. 

Chapter 70a.* 

ORDER ON THE PETITION OF WILLIAM LUSK AND OTHERS. 

On the petition of William Lusk, Samuel Wright & 
others. 

Order'ed That the petitioners notify the Town of Stock- 

* Not printed in previous editions. 



Resolves, 1794. — Mat Session. 187 

bridge by leaving an attested Copy of their petition, with 
this order thereon with the Town Clerk of said Town, 
Thirty Days at least before the second Wednesday of the 
next session of the General Court, then to appear & shew 
cause if any they have why the prayer of the petitioners 
sh'd not be granted. June 21, 1794. 

Chapter 71. 

RESOLVE ON THE PETITION OF THOMPSON BAXTER, ATTORNEY 
TO JOSEPH LEONARD, DIRECTING THE TREASURER TO PAY 
THE SUM ALLOWED HIM BY THE COMMISSIONERS ON THE 
ESTATE OF PETER OLIVER AND SON. 

On the petition of Thompson Baxter Attorny to 
Joseph Leonard, praying that the Treasurer of this Com- 
monwealth may be directed to pay the claims of the Sd. 
Joseph against the estates of Peter Oliver senior & Peter 
Oliver Junr. Esqrs. Absentees. 

Resolved that the prayer of the Sd. petition be granted 
& the Treasurer is hereby impowered & directed to pay 
out of the public Treasury of this Commonwealth to 
the Sd. Joseph Leonard or order the sums allowed to 
him (by the Commissioners on the Estates of the Sd. Peter 
Oliver senior & Peter Oliver Junr.) against the estate of 
the Sd. Peter Oliver senior & Peter Oliver Junr. in 
company, in the same way & manner that other Claimants 
against Sd. Estates have been paid — (excepting certain 
claimants who petitioned the General Court that the 
agents to Sd. estates might l)e permitted to pay into the 
Treasury the amount of sale of those estates in })aper 
money) — any Law or resolve to the contrary notwith- 
standing. June 21, 1794. 

Chapter 71a.* 

ORDER ON THE PETITION OF SAMUEL THURSTON. 

On the petition of Samuel Thurston. 

Ordered That the petitioner notify the Town of Lan- 
caster by leaving an attested Copy of his petition with 
this order thereon with the Town Clerk of said Town, 
thirty Days at least before the second Wednesday of the 
next session of the general Court, then to appear & shew 
cause if any they have why the prayer of the petition shd. 
not be granted. June 21, 1794. 

* Not printed in previous editions. 



188 Kesolves, 1794. — May Session. 



Chapter 73. 

RESOLVE ON THE PETITION OF JOHN BACON, IN BEHALF OF 
ELIJAH BROWN, OF STOCKBRIDGE. 

On the Petition of John Bacon in behalf of Elijah 
Brown of Stockbridge Esqr. praying for Compensation 
for the loss of about thirty Acres of land by means of 
running the line between this Commonwealth & the State 
of New York, which was originally granted him by this 
Commonwealth. 

Resolved for Reasons set forth in said Petition, that all 
the right & tittle of this Commonwealth in & to a certain 
tract of land lying between the Original line of West- 
Stockbridge & the line of New York beginniog at a Mon- 
ument made by the Commissioners who assertained said 
line between this Commonwealth & the State of New York, 
marked " 19 miles" upon a mountain called Indian moun- 
tain and running due East to the Orio^inal line of West- 
Stockbridge and from thence Northerly so far as to 
include Thirty Acres, be & hereby is granted to the said 
Elijah Brown his heirs & assigns for ever — in full com- 
pensation for his loss aforesaid. June 21, 1794. 

Chapter 73. 

RESOLVE ON THE PETITION OF JOHN CHANDLER WILLIAMS, IN 
BEHALF OF AM ASA ROCKWELL, EMPOWERING THE ADMINIS- 
TRATOR TO MAKE AND EXECUTE A GOOD DEED OF THE LOT 
OF LAND MENTIONED. 

On the petition of John Chandler Williams in behalf of 
Amasa Rockwell, praying that the Administrator on the 
Estate of Elisha Jones late of Weston Esq. an Absentee, 
may be authorized to give to the said Amasa a Title to 
lot Number fifty in the Town of Partridgefield. 

Resolved, for reasons set forth in said Petition, that the 
prayer thereof be so far granted, that the said Administra- 
tor be, and he is hereby, authorized and impowered to 
make and execute to the said Amasa a good and lawful 
Deed of the said lot. Number fifty, on his paying to the 
said Administrator such sum as now remains due of the 
price originally stipulated to be paid to the said Elisha 
for the said lot, together with the interest on such sum, 
agreable to the terms of the original contract. 

June 21, 1794. 



Resolves, 1794. — May Session. 189 



Chapter 74. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR 
THE COUNTY OF SUFFOLK AND GRANTING A TAX OF £2966. 

Whereas the Treasurer for the County of Suifolk has 
laid his Accounts before the General Court in manner by 
law prescribed ; which Accounts are hereby allowed : & 
whereas the Clerk of the Court of the General Sessions of 
the peace for the sd. 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 in the 
sd. County the Current year amounting to the sum of 
Three Thousand Pounds, deducting therefrom the sum of 
thirty five pounds charged for Wood & Coal for the 
Clerks & other Offices : 

Resolved that the sum of Two thousand Nine hundred 
& Sixty five pounds be & hereby is granted as a Tax for 
the sd. County of Suffolk, to be apportioned, assessed, 
Collected & applyed in manner agreably to Law. 

June 21, 1794. 

Chapter 75. 

RESOLVE ON THE PETITION OF ASA FISK. GRANT TO. 

On the Petition of Asa Fisk praying for compensation 
for money paid by him for costs in prosecuting several 
delinquent Soldiers of his Company. 

Resolved, that the pray[er] of the said petition be 
granted, and that there be paid out of the Treasury of this 
Commonwealth to the said Asa Fisk, the sum of twelve 
pounds four shillings in full for the money expended by 
him in the said Prosecutions. Jime 21, 1794. 

Chapter 75a.* 

ORDER ON THE PETITION OF GEORGE THORLA. 

On the petition of George Thorla. 

Ordered that the petitioner notify the first parish in 
Newbury & the parish of Byfield, by leaving an attested 
Copy of his petition & this order thereon with the respec- 
tive Clerks of those parishes thirty Days at least before 
the second Wednesday of the next sitting of the General 

* Not printed in previous editions. 



190 Resolves, 1794. — Mat Session. 

Court, then to appear and shew Cause if any they have 
why the prayer thereof shd. not be granted. 

June 21, 1794. 

Chapter 76. 

RESOLVE ON THE PETITION OF STEPHEN SMITH. GRANT TO. 

Upon the Petition of Stephen Smith of Machias in the 
County of Washington stating that on the settlement of 
his account as Truck Master in tlie Eastern Department 
with the Commonwealth he was charged with eight hun- 
dred & fifty Pounds paid to Francis Shaw Esqr. , when in 
fact he reed, of said Shaw only five hundred pounds 
nineteen shillings & five pence half penny and praying 
an allowance for said deficiency — being the sum of two 
hundred & Sixty two pounds & six pence ha[?Jf penny : 

Resolved that there be paid out of the Treasury of said 
Commonwealth to said Stephen Smith the sum of two 
hundred & twenty two Pounds, nineteen shillings and nine 
pence half Penny, in full discharge of said Smith's demand 
against said Commonwealth, the sum of Thirty nine pounds 
& nine pence being deducted from said sum of two hun- 
dred & sixty two pounds & six pence half penny, for 
stores left in the hands of said Smith belonijins; to said 
Commonwealth — and the Governor and Council are 
hereby requested to issue a Warrant to the Treasurer for 
the payment of said sum accordingly. June 21, 1794. 

Chapter 77. 

RESOLVE ON THE PETITION OF ZERUIAH DIMMICK, GRANTING 
HER £.3 6 10. 

On the petition of Zeruiah Dimmick praying for an 
allowance from Government for certain expences she was 
• at for her son Ephraim Dimmick while a Sailer in the ser- 
vice of this State. 

Resolved for reasons set forth in her petition that the 
prayer thereof be so far granted as that there be paid her 
the sum of Three Pounds six shillings and ten pence out 
of the Treasury of this Commonwealth in full satisfaction 
for that sum paid by her to a Physician for medicines for, 
and attendance on, her son while in said service — any 
law to the contrary notwithstanding. June 23, 1794. 



Resolves, 1794. — May Session. 191 



Chapter 78. 

COMMISSIONERS TO ESTABLISH THE LINE BETWEEN CONNECTI- 
CUT AND MASSACHUSETTS. 

In the House of Representatives, June 23, 1794. 

The House proceeded by ballot to the choice of a Com- 
missioner to establish the line between the State of Con- 
necticut & this Commonwealth, in the room of the Hon. 
John Wortliington & the votes being taken it appeared 
that the Hon. Caleb Strong Esqr. was chosen. 

Read and concurred. June 24, 1794. 

Chapter 79. 

RESOLVE ON THE PETITION OF MATHEW CLARK, GRANTING HIM 

£. 240. 

On the petition of Mathew Clark praying for a Con- 
sideration for the loss he has sustained in supporting the 
Convicts on Castle Island. 

Resolved for reasons set forth in said petition that the 
Treasurer of this Commonwealth be and he hereby is 
directed to allow & pay to the said Mathew Clark the 
Sum of two Hundred and Forty Pounds as a full consider- 
ation for the loss he has sustained in supporting said Con- 
victs. June 24, 1794. 

Chapter 80. 

RESOLVE ON THE PETITION OF HENRY KNOX, REMITTING THE 
SUM OF £. 193 5 7 TO THE WALDO HEIRS. 

On the Petition of Henry Knox and others, heirs and 
representatives of heirs of Brigadier Waldo deed., settino- 
forth that they stand charged with a deficiency of taxes to 
the amount of five hundred and seventy nine pounds six- 
teen shillings and ten pence, which have been laid by the 
General Court on the Muscongus or Waldo patent, since 
the year 1786 — that the said patent is held in three prin- 
cipal divisions, to wit, the Lincolnshire company, or 
twenty associates, so called ; the company of the Ten 
original Proprietors, and the Heirs of said Waldo, on 
whom there are many subordinate claims, — and that the 
Taxes designed to have been laid on the whole patent are 
assessed on the said Heirs ; and praying that the said 
deficiency of taxes may be remitted to them. 



192 Resolves, 1794. — May Session. 

Whereas it appears to this Court that in the several 
Acts authorizing the said taxes, all the lands claimed and 
held by the said Lincolnshire company, the Ten proprie- 
tors, and the Heirs, and those holding under Heirs of the 
said Waldo, amounting in the whole to nearly Six hundred 
thousand Acres, were considered by the Legislature, at 
the time of passing said Acts, as being comprized in the 
Waldo patent. And whereas it now appears that these, 
foi near thirty years last past, have all been distinct and 
independent companies, holding in severalty, without any 
connexion with each other — the Lincolnshire company 
holding One hundred thousand Acres, the Ten Proprietors 
about Fifty thousand Acres, and the Heirs and those hold- 
ing and claiming under the Heirs and Representatives 
of Heirs of the said Waldo holding and claiming the re- 
mainder of the said territory : 

Resolved, that the sum of One hundred ninety three 
pounds five shillings and seven pence of the said taxes be, 
and hereby is remitted to the said Heirs ; & the Treasurer 
is hereby directed to govern himself accordingly. 

June 24, 1794. 

Chapter 81. 

RESOLVE ON THE PETITION OF THE TOWN OF WESTFIELD, 
DIRECTING THE TREASURER TO CREDIT SAID TOWN WITH 
£.17 8 11, AND GRANTING THEM FURTHER TIME TO PAY THE 
RESIDUE OF THEIR TAX. 

On the petition of the town of Westfield praying for 
abatem't of a tax granted in the year 1780. 

Resolved for Reasons set forth in said petition that the 
Treasurer of this Commonwealth be, and he hereby is 
directed, to credit the said town of Westfield the sum of 
seventeen pounds eight shills. and eleven pence, being the 
Sum which the towns of Russell and Southwick are by 
law chargeable with as their part of the said tax — And 
the Treasurer is also directed to suspend his execution 
against said town of Westfield for the residue of said Tax 
until the first day of February next. June 24, 1794. 

Chapter 83. 

RESOLVE ON THE PETITION OF ASA ALLEN. GRANT TO. 

On the petition of Asa Allen, praying for compensation 
for his expence in prosecuting an indictment against one 



Resolves, 1794. — May Session. 193 

Josiah Abbot Junr. who was convicted of forgery ; before 
the Supreme Judicial Court of this Commonwealth ; at 
their session at Ipswich within & for the County of 
Essex on the tliird Tuesday ot June 1793. 

Resolved that there be allowed & paid out of the public 
Treasury of this Commonwealth to the said Asa Allen 
Seven Pounds sixteen shillings & two pence in full com- 
pensation for his expence aforesaid. Jxme 24, 1794. 

Chapter 83. 

RESOLVE ON THE PETITION OF THOMAS CRANE. GRANT TO. 

On the Petition of Thorns. Crane praying for Allowance 
for building a Powder Mill in Stoughton in the year 1776, 
and also commissions for purchasing a sertain Quantity 
of Salt Petre and p[?']aying therefor, the sum of £7624. 
4. 6 — and for other Services in said Petition mention'd. 

Resolved the prayer of said Petition be so far granted, 
that the Treasurer of this Commonwealth be and he hereby 
is directed to pay to tlie sd. Thorns. Crane the sum of 
Nin[e]ty pounds seventeen Shillings & seven pence, in 
Addition to the sum of Forty Seven pounds Two Shil- 
lings, the ballance of his Account heretofore Exhibited, 
and allowd. as appears by the Books of the Treasurer, 
& the Governor is hereby requested to Issue his Warrant 
to the Treasurer of said Commonwealth, to pay the said 
Thoms. Crane the aforesaid sums. June 24, 1794. 

Chapter 84. 

RESOLVE ON THE PETITION OF ELIJAH DREW, GUARDIAN TO 
PAUL McDANIEL. GRANT TO. 

On the Petition of Elijah Drew Guardian to Paul 
McDaniel an Insane person praying for alowance for his 
support from Jany. 1792 to May 1794. 

Resolved that there be alowed & payed out of the Treas- 
ury of this Commonwealth to sd. Gardian the sum of forty 
two pounds three shillings in full for the victualing & 
cloatliing of the sd. McDaniel during the term afoiesd. 
any Law or Resolve to the Contrary notwithstanding 
Rrovid^ed^ however that the sd. sum shall be in full 
discharge of all demands of sd. Guardian against the Com- 
monwealth, on account of sd. McDaniel. 

And it is further Resolved that the sd. Elijah Drew be 
& he hereby is discharged from having any Agency as 



194 Kesolves, 1794. — May Session. 

Guardian over the sd. McDaniel, — his havinir a Letter of 
Guardiansliip from the Judge of Probate for the County 
of York notwithstanding. June 24^ 1794. 

Chapter S5. 

RESOLVE ON THE PETITION OF MARY DWIGHT, EXECUTRIX ON 
THE ESTATE OF TIMOTHY DWIGHT, AUTHORIZING HER TO 
ENTER THE ACTION MENTIONED. 

On the Petition of Mary D wight one of the Executors 
of Timothy Dwight late of Northampton in the County of 
Hampshire Esqr. deceased praying that the said Execu- 
tors may have lil^erty to enter an Action at the next term 
of the Supreme Judicial Court to be holden at Lenox in 
& for the County of Berkshire on the first Tuesday of 
October next, for trial ; in which Action Moses Graves 
of Pittstield recovered Judgment against the Estate of 
said Timothy, at the Court of Common Pleas held at 
Lenox in & for the said County of Berkshire on the third 
Tuesday of April last, and has since levied his Execution 
■which issued upon said Judgment on the Real Estate of 
the said Timothy in Northampton aforesaid. 

Resolved for Reasons set forth in said Petition that the 
said Executors be & they hereby are authorized to enter 
the said Action at the said Supreme Judicial Court — for 
trial, they giving to the said Moses twenty days previous 
notice thereof, &, of this Resolve — 

And be it further Resolved, that the filing of a Copy of 
this Resolve attested by the Secretary, in the Office of the 
Registry of Deeds in said Northampton, shall from the 
time of such filing be deemed sufficient Caution to all 
persons against purchasing or extending Execution on the 
Estate aforesd. upon which the said Execution was levied. 

June 24, 1794. 

Chapter SQ, 

RESOLVE ON THE PETITION OF ELIJAH DREW, IN BEHALF OF 
THE TOWN OF NEWFIELD, THAT UPON PAYMENT OF THE SUM 
OF £.8 11 6, ON OR BEFORE THE FIRST OF JANUARY NEXT, THE 
SAID TOWN SHALL BE ENTITLED TO THE BENEFITS OF A RE- 
SOLVE OF THE 14TH FEBRUARY, 1791. 

Upon the Petition of Elijah Drew in behalf of the Town 
of Newfield in the County of York praying that the said 
Town may have the priviledge of paying into the Treas- 



Eesolves, 1794. — May Session. 195 

ury the sum of eight pounds eleven Shillings & six pence 
in full of Tax No. 8 and agreeable to the provisions of a 
Resolve passed on the 14th Day of February AD 17i)l. 

Resolved that the prayer of said Petition be so far 
granted that upon payment of the aforesd. sum of eight 
Founds eleven Shillings & six pence into the Treasury of 
this Commonwealth on or before the first Day of January 
next the said Town shall be intitled to all the benefits of 
the aforesaid Resolve any thing therein contained to the 
contrary notwithstanding. June 24, 1794. 

Chapter 87. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR 
THE COUNTY OF AVASHINGTON AND GRANTING A TAX. 

Whereas the Treasurer for the County of Washington 
has laid his Accounts before the general Court in manner 
prescribed by Law which Accounts are hereby allowed — 
& whereas the Clerk of the Court of the General Sessions 
of the Peace for the sd. County, has laid before the Gen- 
eral Court an estimate Made by the Court of General 
Sessions of the Peace of the necessary charges likely to 
arise in the sd. County the current year, amounting to 
the sum of two hundred & ten pounds six shillings & ten 
pence : 

Resolved, that the sum of two hundred & ten pounds 
six shillings & ten pence be & hereby is granted as a Tax 
for the sd. County of Washington to be apportioned. 
Assessed Collected & applied in manner agrealsle to Law. 

Juyie24,1794. 

Chcipter 88. 

RESOLVE ON THE PETITION OF THE PLANTATION ON THE WEST 
SIDE OF PENOBSCOTT RIVER ABOVE BANGOR, ABATING THEIR 
TAXES. 

On the Petition of the Plantation on the West Side of 
Penobscott River above the plantation of Bangor praying 
for the Abat[e]ment of their Taxes. 

Resolved that the prayer therof be granted and that the 
said plantation be and they herfejb}^ are abated the Sum 
of Five Pounds Nin[e]teen Shillings & Seven pence being 
the Amount of the Tax laid on them in Tax Number Ten 
and the Treasurer is her [e] by directed to Credit Said plan- 
tation the afor[e]said sum Accordingly. June 25, 1794. 



196 Resolves, 1794. — Mat Session. 



Chapter 89. 

RESOLVE DISCHARGING THE COMMITTEE FOR THE SALE OF 
EASTERN LANDS, FROM THE SUM OF £.104,994 2 7^ AND DIRECT- 
ING THE SECRETARY TO PROCURE AN ACCOUNT BOOK, FOR 
THE PURPOSE OF INSERTING THE ACCOUNT EXHIBITED BY 
THE SAID COMMITTEE. 

Resolved that the Committee for the sale of Eastern 
Lands be, and they are hereby discharged from the sum 
of One hundred and four thousand nine hund. and ninety 
four pounds two shills. and seven pence half penny — of 
which it appears that One hundred and One thousand six 
hundred and sixty nine pounds five shills. and four pence 
half penny has been paid into the treasury in Bonds Obli- 
gations and Specie — and twelve hundred & twenty five 
pounds & seven pence has been expended in surveying, 
making plans exploring lands lor Masts & other incidental 
expences — and two thousd. and ninety nine pounds six- 
teen shills, & eight pence their commissn. of two pr. cent 
on the above sum of One hundred & four thousand nine 
hundred & ninety four pounds two shillings & seven 
pence & half penny. 

And it is further Resolved that the Secretary be, and 
he is hereby directed to procure an account Book for the 
purpose of inserting the accounts to which this Resolve 
relates, togeather with all other accounts which have been, 
or may be exhibited by the Committee for the sale of 
Eastern Lands and passed and approved by the General 
Court. June 25, 1794. 



Chapter 90. 

HONOURABLE THOMAS DAWES AND JONATHAN MASON, ESQRS. 
APPOINTED TO EXAMINE AND ADJUST MR. TREASURER 
DAVIS'S ACCOUNT AND TO DEFACE CERTAIN BILLS. 

Ordered that Thomas Dawes & Jonathan Mason Esqrs. 
be a Committee, with authority to examine & adjust the 
Accounts of Thomas Davis Esqr. Treasurer of the Com- 
monwealth and to deface the bills in his ofiice that are 
discharged, & report their doings thereon at the next ses- 
sion of the Genl. Court agreeable to his request. 

June 25, 1794. 



Resolves, 1794. — Mat Session. 197 



Chapter 91. 

RESOLVE ON THE PETITION OF DANIEL ILSLEY, ESQ. ALLOWING 
HIM £.11. 18. 6, AND DISCHARGING HIM FROM ANY SUMS 
STANDING AGAINST HIM ON THE BOOKS OF MR. DEMING, AND 
AUTHORIZING HIS ACCOUNT TO BE CLOSED. 

Upon the petition of Daniel Ilsley Esqr. praying an 
adjustment of his Accounts with the Commonwealth. 

Resolved, that there be allowed and paid to the said 
Ilsley out of the Treasury of this Commonwealth, the 
sum of Eleven pounds, eighteen shillings and six pence in 
full of the balance of his account with the Commonwealth, 
and that the said Ilsley be and hereby is discharged from 
any Sum or sums standing against him on the books of 
the Commonwealth, in the hands of John Deming Esq. 
and that said Deming be and hereby is authorized and 
directed to close the account of the said Ilsley with the 
Commonwealth conformably to the above mentioned 
balance. June 25^ 1794. 

Chapter 92. 

RESOLVE APPOINTING ALEXANDER CAMPBELL, JOHN ALLEN. 
AND GEORGE STILLMAN, ESQS. A COMMITTEE TO NEGOTIATE 
AND SETTLE ANY MISUNDERSTANDING AND DISPUTES BE- 
TWEEN THIS COMMONWEALTH AND THE PASSAMAQUODY 
TRIBE OF INDIANS. 

Resolved Alexr. Campbell, John Allen & George Still- 
man Esqrs. be a Committee to Negotiate & settle any 
Misunderstanding Disputes or Deiferances Which may 
subsist Between this Common Wealth, and the passama- 
quodia Indians and those of other Tribes connected With 
them. With full powers and Authority to I^ay out and 
Assign to the Said Indians any Tract of unlocated Land, 
belonging to this Common Wealth in the county of Wash- 
ington, not Exceeding ten thousand Acres and also to 
purchase Any Perticular spot of Ground, or Tract of 
Land for the use and Convenience of Said Indians pro- 
vided however, that Such Purchase shall not Exceed the 
sum of five Hundred pounds. June 26, 1794. 

Chapter 93a.* 

ORDER ON THE PETITION OF JEDUTHAN WELLINGTON, 

On the petition of Jeduthan Wellington in behalf of 
the towns of Cambridge and Lexington, praying that a 

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



198 Resolves, 1794. — May Session. 

certain law passed in 1781, discharging the town of New- 
ton from any further expence towards repairing the 
great Bridge in the town of Cambridge, may be repealed. 
Ordered that the petitioner notify the inhabitants of the 
town of Newton by serving the town Clerk of said town 
thirty days before the second Wednesday of the next 
session of the General Court, with an attested copy of 
said petition, and this order thereon, that they may then 
appear, and shew cause, if any they have, why the prayer 
of said petition should not be granted. June 26, 1794. 

Chapter 93. 

RESOLVE ON THE PETITION OF JOHN CHACE, ADMINISTRATOR ON 
THE ESTATE OF JOSHUA CHACE, AUTHORIZING HIM TO MAKE 
SALE OF A SMALL TENEMENT [IN THE TOWN OF BOSTON. 

On the Petition of John Chace, Administrator on the 
estate of Joshua Chace, deceased and Guardian of One of 
the Children of the said Joshua and of Stephen Chace 
Guardian of the other of said Joshua's Children, praying 
for Liberty to sell a certain Tenement. 

Resolved that the said John & Stephen be and they 
are hereby authorised to make sale of One End of a Small 
Tenement Situated in the Northerly part of the Town of 
Boston, whereof the said Joshua died seized, for the most 
it will fetch, (except the widow's right of Dower in the 
same) and to make & execute a good & sufficient Deed 
thereof conveying the same in fee to the purchaser ; They 
the said John & Stephen first giving Bond to the Judge 
of Probate for the County of Suliblk with Sufficient 
Sureties to account for the proceeds of the sale agreeable 
to Law. June 26^1794. 

Chapter 94. 

RESOLVE APPOINTING ISRAEL JONES, ESQ. TO TAKE POSSESSION 
OF A CERTAIN PIECE OF LAND IN THE STATE OF VERMONT 
AND TO SELL THE SAME FOR THE BENEFIT OF THIS COMMON- 
WEALTH. 

Resolved that Israel Jones Esq. of Adams be and he 
hereby is appointed an agent fully authorized and em- 
powered on the part of this Commonwealth to take posses- 
sion of certain land in the town of Charlotte in the State 
of Vermont, the same being a right of land in said town 
Avhich was mortgaged by Daniel Horseford late a deputy 



Resolves, 1794. — Mat Session. 199 

Sheriff under Caleb Hyde Esq. late Sheriff of the County 
of Berkshire to said Hyde and by assignment from said 
Hyde conveyed to this Commonwealth. And the said 
Jones is authorized and directed to pay and discharge all 
taxes that may have been assessed or imposed on said 
right And then to make sale thereof upon the most ad- 
vantageous terms for this Commonwealth and make and 
execute good and sufficient deed or deeds thereof and the 
proceeds thereof to pay to the Treasurer of this Common- 
wealth. June 26, 1794. 

Chapter 94a.* 

ORDER ON THE PETITION OF FRANCIS TRAYNER. 

On the Petition of Francis Trayner. 

Ordered that the Petitioner notify the adverse Party by 
Serving them with an Attested Copy of his Petition and 
this order thereon four weeks at Least before the third 
Wednesday of the next Session of the General Court to 
appear on the Said Day & Shew cause if any they have 
why the prayer of the Said Petition should not be Granted. 

June 26, 1794. 

Chapter 95. 

RESOLVE GRANTING THE CLERKS OF THE TWO HOUSES £.40 

EACH. 

Resolved that there be allowed & paid out of the public 
Treasury to Samuel Cooper Esq. Clerk of the Senate 
Forty Pounds & to Henry Warren Esq. Clerk of the 
House of Kepresentatives Forty Pounds, on account of 
their services as Clerks aforesaid, for the present year ; 
they to be accountable for the same respectively ; & the 
Governor, with the advice of Council is requested to draw 
his warrant on the Treasurer therefor. June 26, 1794. 

Chapter 96. 

RESOLVE GRANTING £. 30 TO JACOB KUHN, MESSENGER OF THE 
GENERAL COURT. 

Resolved that there be allowed & paid out of the Treas- 
ury of the Commonwealth to Jacob Kuhn Messenger of 

* Not printed in preyious editions. 



200 Resolves, 1794. — May Session. 

the Genl. Court, the sum of thirty pounds to enable him 
to purchase fuel &c. for the use of said Court ; he to be 
accountable for the expenditure of the same. 

June 26, 1794. 

Chapter 97. 

RESOLVE GRANTING PAY TO THE COMMITTEE APPOINTED TO 
EXAMINE AND PASS ON PUBLIC ACCOUNTS. 

Resolved, That there be allowed and paid out of the 
Treasury of this Common-wealth, to the Committee ap- 
pointed to examine and pass on public Accounts, for their 
service on that Committee, the present Session, in addi- 
tion to their pay as Members of the Legislature ; vizt. to 
the hon. Josiah Stearns Esqr. for nineteen days attend- 
ance — One Pound Eighteen shillings to the hon. Wil- 
liam Jernigan Esqr. for twenty days attendance Two 
Pound ; to Benjamin Read Esqr. for twenty one days 
attendance, including four days short allowance last ses- 
sion Two Pound, two shilling, to Samuel Flagg Esqr. for 
twenty days attendance Two pounds — and to John 
Saunders Jr. Esqr. for twenty days attendance Two 
pounds — which sums shall be in full for their services as 
aforesaid. June 26, 1794. 

Chapter 98. 

RESOLVE DIRECTING THE SECRETARY, TREASURER AND CLERKS 
OF BOTH HOUSES, TO CONTRACT FOR PRINTING OF THE COM- 
MONWEALTH. 

Resolved, that, the Secretary & Treasurer of this Com- 
monwealth, and the Clerk of the Senate, and Clerk of the 
House of Representatives, be a Committee with full Power 
and authority to Contract for the printing business of this 
Commonwealth the present year, not to exceed the terms 
given last year. And that they give public notice of the 
time, proposals will be Reed. — And that the Contract be 
made with such printer, or printers in the Town of Boston 
as shall offer the most advantageous terms to Government, 
upon their giving Satisfactory evidence of their being Able 
to Accomplish the business agreable to Such Contract. 

June 26, 1794. 



Resolves, 1794. — May Session. 201 

Chapter 98a.* 

ORDER ON THE PETITION OF LUTHER EA.MES AND OTHERS. 

On the petition of Luther Eames, William Page, Nathan 
Bond and Benjamin Dana, to be incorporated with others 
for the purpose of supplying the town of Boston with fresh 
water from Jamaica Pond in Roxbury by means of sub- 
terraneous pipes. 

Ordered that the petitioners notify the inhabitants of 
the town of Roxbury, 1)y serving the town Clerk of said 
town, with an attested copy of their petition, and this 
order thereon, thirty days before the second Wednesday 
of the next session of the General Court, that they, and 
all whom it may concern may then appearand shew cause, 
if any they have, why the prayer of said petition should 
not be granted. June 26, 1794. 

Chapter 99. 

RESOLVE GRANTING THE LIEUT. GOVERNOR, £.160— SECRETARY 
£.204 13 — TREASURER £.350. 

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 pro- 
portionable sum for a less time, in full for his services as 
Lieutenant-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 the Commonwealth to John Avery junr. 
Esqr. Secretary of this Commonwealth, the sum of Two 
hundred & four pounds, thirteen shillings which with one 
hundred & twenty pounds, seven shillings, he has received 
in fees to the thirty first of May last shall be in full for 
his services as Secretary aforesaid from the first day of 
June 1794 to the first day of June 1795, 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 
Three hundred and fifty pounds, for the pay of the Treas- 
urer the present year, to be paid in quarterly payments, 
as the same shall become due. June 26, 1794. 

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



202 Kesolves, 1794. — May Session. 



Chapter 100. 

RESOLVE GRANTING ADDITIONAL PAY TO JOHN DEVOTION AND 
ISAAC PEIRCE. 

On the Petition of John Devotion, a Clerk in the Secre- 
tary's Office, and Isaac Peirce, Messinger to the Gover- 
nour and Council. 

Resolved, That there be allowed, and paid, out of the 
Treasury of this Commonwealth, unto John Devotion, 
beginning the 21st Day of March, 1794, and to Isaac 
Peirce, beginning the 28tli Day of May, the same Year, 
at the rate of Nine shillings per Day, to each of them, 
while employed. June 26, 1794. 

Chapter 100a.* 

ORDER ON THE PETITION OF BENJAMIN GILL AND OTHERS. 

On the petition of Benja. Gill and others praying for 
an alteration in the law for refirulatino- the takino^ of fish in 
Neponsit river. 

Ordered that the petitioners notify all interested by 
posting up a copy of said petition with this order thereon 
in some public place in the town of Milton, of which post- 
ing they shall also give notice to Hugh McLane or either 
of the subscribers to a petition prefered to the General 
Court this session relating to the same subject, thirty days 
at least before the second Wednesday of the next sitting 
of the General Court that they may then appear and shew 
cause why the prayer of said petition should not be 
granted. June 26, 1794. 

Chapter 101. 

RESOLVE REQUIRING THE INHABITANTS OF THE SEVERAL 
TOWNS AND DISTRICTS IN THE COMMONWEALTH, TO CAUSE 
TO BE TAKEN BY THEIR SELECTMEN, OR SOME OTHER SUIT- 
ABLE PERSONS, ACCURATE PLANS OF THEIR RESPECTIVE 
TOWNS, AND TO LODGE THE SAME IN THE SECRETARY'S 
OFFICE. 

Whereas an accurate Map of this Commonwealth will 
tend to facilitate & promote such information and im- 
provements as will be favourable to its growth and pros- 
perity, and will otherwise be highly useful and important 

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



Kesolves, 1794. — May Sessio:n^. 203 

on many public and private occasions : — For the procure- 
ment of the materials necessary for the accomplishment of 
an object so desirable, & by which the reputation & inter- 
est of the Commonwealth will be advanced : — 

Resolved, that the Inhabitants of the several Towns and 
Districts in the Commonwealth be and they hereby are 
required to take or cause to l)e taken by their Selectmen 
or some other suitable person or persons appointed for 
that purpose accurate plans of their respective Towns or 
Districts, upon a scale of two hundred rods to an Inch, and 
upon a survey hereafter actually to be made or that has 
actually been made within seven years next preceeding 
this time — and the same plans to lodge in the Secretary's 
Office, free of expence to the Commonwealth, on or be- 
fore the first day of June in the year 1795. 

And be it further resolved, that on each of said plans 
the place where any other Town or District line meets or 
joins the line of any Town or District res})ectively, the 
names and course of liivers, the Bridges over rivers, the 
course of County Eoads, the situation of Houses for 
Public Worship, Court Houses, the reputed or actually 
known and admeasured distance of the centre of the Town 
or District from the shire-town of the County, and from 
the Metropolis of the Commonwealth, in the several Koads 
usually travelled the length, and the course by the mag- 
netic needle of the boundary lines of the Town or District, 
the scale on which such plans shall be taken, & the time 
when the actual survey was or shall have been made, 
shall be inserted, specified, delineated or described : And 
any lands belonging to the Commonwealth within the 
limits of any Town or District or adjoining thereto in 
any place imincorperated shall be particularly noted ; and 
the reputed or known quantity of such land specified. 

And to prevent as much as may be any errors which 
might arise by having the lines between Towns run 
at difierent Times by Surveyors of ditferent adjoining 
Tow^ns — 

Be it further resolved that it shall be the duty of the 
person or persons appointed for the purposes aforesaid by 
the most ancient Town or District adjoining to any other 
Town or District to give notice in writing unto the Select- 
Men of such adjoining Town or District of the time and 
place of meeting for running such line or lines ten days 
beforehand ; and it shall be the duty of the Town or Dis- 



204 Resolves, 1794. — May Session. 

trict whose Selectmen shall be so notified to appoint & 
require some suitable person or persons to attend on the 
behalf of such Town or District, with the person or per- 
sons so notifying, for the purpose of running such line or 
lines — And where the line or lines between adjoining 
Towns or between adjoining Towns & Districts, is or are 
unsettled & in dispute, in such Cases, there shall be speci- 
fied on the respective plans of such Towns & Districts the 
several lines in contest, stating accurately & particularly 
the difference of such claimed lines of boundary & division, 
in their distance course & bearing from each other. 

And be it /wither resolved that the Inhabitants of any 
of the Towns or Districts aforesaid who shall neglect to 
take & lodge in the Secretary's Oflice the plans required 
as aforesaid within the time above limited therefor, shall 
forfeit and pay to the use of the Commonwealth the sum 
of forty pounds ; which sum shall be added to such delin- 
quent Town's or District's proportion of the State Tax 
which may be granted next after the first day of June in 
the year 1795 aforesaid — 

And it is further resolved that the Committee for the 
sale of the eastern lands be and hereby are directed to 
procure and furnish plans of Townships not incorporated 
& such other documents as may be necessary to form and 
complete a Map of the five eastern Counties commonly 
called the District of Maine ; And the said Committee are 
hereby also authorized and directed to require of the 
Grantees & Claimants of any tracts of land in the same 
District to exhibit to them plans of their respective grants 
and claims for the purpose afoiesaid. 

And be it further resolved, that there be inserted delin- 
eated described or specified in the several plans aforesaid 
the breadth of rivers, the number and reputed magnitude 
of ponds, the falls of water, mountains, manufactories, 
Mills Mines and Minerals & of what sort. Iron works & 
Furnaces situated in the said several Towns & Districts 
respectively. 

And the Secretary of this Commonwealth is hereby 
directed to cause Copies of this Resolution to be forwarded 
as soon as may be to the Selectmen of the several Towns 
and Districts from which the plans aforesaid are above re- 
quired and also to cause the same to be published in the 
several Newspapers in this Commonwealth — 

And the Selectmen of such Towns & Districts respec- 
tively are hereby required immediately after the receipt 



Kesolves, 1794. — Mat Session. 205 

of such Copies, to cause the Inhabitants of their several 
Towns & Districts to assemble & meet for the purpose 
of carrying into effect the foregoing Resolution. 

June 26, 1794. 

Chapter 101a.* 

ORDER ON THE PETITION OF THE INHABITANTS OF THE PLAN- 
TATION OF LEWISTOWN. 

On the petition of the inhabitants of the plantation 
called Lewistown in the County of Lincoln together with 
the inhabitants of a gore of land adjoining thereto, pray- 
ing to be incorporated into a town by the name of Lee. 

Ordered that the petitioners cause an attested copy of 
their said petition, with this order thereon, to be pub- 
lished in the independent Chronicle printed in the town 
of Boston, three weeks successively, sixty days at least 
before ye second Tuesday of the next sitting of the Gen- 
eral Court, that all persons concerned may then appear 
and shew cause, if any they have, why the prayer of the 
said petition should not be granted. June 26, 1794. 

Chapter 103. 

RESOLVE ON THE PETITION OF ABIJAH HURLBURT, IN BEHALF 
OF BENJAMIN STILLWELL. 

Ordered that John Deming Esq. be directed to Certify 
to the Governour & Council the Sum due to the lieirs of 
Benjamin Stillwell late Sergeant in Capt. Job Atwoods 
Company and Colo. Wm. Shephards Regiment deceased, 
in order that the same may be paid to the said Abijah 
Hurlbert for the use of the heirs to the said Benja. Still- 
well who has taken a letter of Administration for the sd. 
purpose which appears by a Certificate from the Honbl. 
Jah. Woodbridge Judge of Probate in the County of 
Berkshire. June 26, 1794. 

Chapter 103. 

RESOLVE GRANTING A TOWNSHIP OF EASTERN LANDS TO THE 
TOWN OF BOSTON, TO BUILD A PUBLIC HOSPITAL. 

On the petition of the Select Men of the Town of 
Boston praying for a grant of a Township of Eastern 
Lands to enable the said Town to rebuild a public hos- 
pital in lieu of one situated at West Boston which has 

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



206 Resolves, 1794. — May Session. 

been sold by order of the General Court, and the monies 
arising from the same have been paid into the public 
Treasury. 

Resolved that there be & hereby is granted a Township 
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 unappropriated Lands belonging 
to this Commonwealth, between the rivers Kennebeck & 
Penobscot — and said Township shall be vested in the 
Selectmen of the Town of Boston and their successors for- 
ever, for the use of building & erecting an Hos[)ital in the 
Town of Boston, to be by them holden in their corporate 
capacity, with full power and authority to settle, divide 
& manage said Township, or to sell, convey & dispose of 
the same, in such way & manner as shall best promote the 
erection & establishment of said Hospital. 

Provided nevertheless that there be & hereby is reserved 
one lot of three hundred & twenty acres, for the first set- 
tled minister, one lot of three hundred & twenty acres for 
the use of the ministry, and one lot of three hundred & 
twenty acres for the support of schools in said town, and 
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 
nine. June 26, 1794. 

Chapter 104. 

RESOLVE APPOINTING HON. EDWARD H. ROBBINS, ONE OF THE 
COMMITTEE TO SETTLE THE ACCOUNTS OF THE LATE TREAS- 
URER HODGDON, IN THE ROOM OF MR. JOHN SAUNDERS, JUN. 

Resolved that the Honble. Edward H. Robbins Be, and 
he hereby is Appointed one of the Committee to Settle 
the Accounts of the Late Treasurer Hodgdon in the Room 
of Mr. John Saunders Jr., who has Declined an Accept- 
ance of Said Trust. June 26, 1794. 



Chapter 104 a.* 

ORDER ON THE PETITION OF HUGH McLANE AND OTHERS. 

On the petition of Hugh McLane and others praying 
for an alteration in the law respecting fish ways in Nepon- 
sit River. 

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



Resolves, 1794. — May Session. 207 

Ordei'ed that the petitioners notify all interested by 
posting up a copy of said petition, and this order thereon 
in some })ublic place in the town of Stoughton, of which 
posting they shall also give notice to Benjamin Gill, or 
either of the subscribers to a petition preferred to the 
General Court this session, relating to the same subject, 
thirty days at least before the second Wednesday of the 
next sitting of the General Court, that they may then ap- 
pear and shew cause, if any they have, why the prayer of 
said petition should not be granted. June 26, 1794. 



Chapter 105. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF QUINCY, 
DIRECTING THE TREASURER TO CREDIT SAID TOWN WITH 
THE SUM OF £.27. 

On the Petition of the Selectmen of Quincey in behalf 
of Said Town praying for the abatement of a fine. 

Resolved for Reasons set fort[/(!] in Said Petition that 
the Treasurer of this Commonwealth be and he is her [e] by 
directed to Credit the said Town of Quincey the Sum of 
Twenty Seven Pounds which was set on them as a fine for 
not sending a Representative to the General Court in the 
Year 1793. June 26, 1794. 



Chapter 106. 

RESOLVE EMPOWERING THE TREASURER TO IMPROVE THE 
HOUSE AND APPURTENANCES, FORMERLY CALLED THE PROV- 
INCE-HOUSE, TOGETHER WITH THE STABLES AND GARDENS, 
UNTIL FURTHER ORDER. 

Resolved — that the Treasurer of this Commonwealth 
for the time being, be, and he hereby is impowercd to 
use and improve such parts of the house & Appurtenances, 
formerly called the Province-House, together with the 
Garden and Stables belonging thereto, as have been here- 
tofore used & improved by former Treasurers, and to let 
the same to such persons, as he shall think fit, and receive 
the Rents thereof to his own use, untill the further Order 
of the General Court. June 26, 1794. 



208 Kesolves, 1794. — May Session. 



Chapter 107. 

RESOLVE ON THE PETITION OF WILLIAM LAWRENCE, SUSPEND- 
ING THE EXECUTION ISSUED BY THE TREASURER, UNTIL. 

On the petition of William Lawrence. 

Resolved that the prayer of said Petition be so far 
granted that the execution issued by the treasurer of the 
Common wealth against said Lawrence shall be suspended 
untill the fourth Wednesday of the next session of the 
General Court ; & the treasurer & the Sheriff of the 
County of Middlesex are hereby respectively directed to 
conduct themselves accordingly. June 26, 1794. 



Chapter 107a.* 

ORDER ON THE PETITION OF VALENTINE RATHBURN AND 

OTHERS. 

On the petition of Valentine Rathburn & others of 
Pittsfield. 

Ordered that the petitioners notify the town of Pitts- 
field by leaving an attested copy of their petition and this 
order thereon, with the town Clerk of said town thirty 
days at least before the second Wednesday of the next 
session of the General Court, that they may then appear 
and shew cause, if any they have, why the prayer of said 
petition should not be granted. June 26, 1794. 



Chapter 108. 

RESOLVE ON THE PETITION OF ZEBULON GOSS. 

On the petition of Zebulon Goss & others praying to be 
set off from the Town of Upton & annexed to the Town 
of Mendon. 

Ordered That the Hon. Stephen Metcalf, Capt. Bezal. 
Taft, & John Stone Esqr. be & hereby are appointed a 
Committee to explore the premises & make report to the 
general Court at their next session — provided the said 
Towns of Upton & Mendon or either of them shall stipu- 
late with the said Committee the payment of the charges 
that shall be hereby incurred. June 27, 1794. 

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



Resolves, 1794. — May Session. 209 



Chapter 108a.* 

ORDER ON THE PETITION OF RICHARD COOK AND NEHEMIAH 

TURNER. 

On the petition of Richard Cook & Nehemiah Turner. 

Ordered that the petitioners notify the town of New- 
Castle by leaving an attested copy of their petition and 
this order thereon with the Clerk of the said town thirty 
days at least before the second Tuesday of the next sitting 
of the General Court, that they may appear on said day 
and shew cause, if any they have, why the prayer thereof 
should not be granted. June 26, 1794. 



Chapter 109. 

RESOLVE ON THE PETITION OF PETER TWITCHEL, GRANTING 

HIM £.3. 

On the Petition of Peter Twitchel Administrator to the 
Estate of Joseph Twitchel who was Guardian to Nattick 
Indians, Praying for an Alowance for Upwards of Twenty 
days which he Spent in Adjusting and Aranging the 
Papers and accounts of Said decad., which related to the 
Property of Said Indians in order to Settle with Jonathan 
Maynard Esqr. who was Appointed Guardian to Said 
Indians in Koom of said Decasd. 

Resolved that the Prayer of Said Petition be So far 
Granted that the Petitioner be Alowd. and paid out of 
the Treasury of this Commonwealth the Sum of three 
Pounds in full for his Trouble and Expence in Arranging 
the papers of Said decsd. and Settleing with the New 
Guardian Aforesaid. June 27, 1794. 

Chapter llO.f 

RESOLVE GRANTING £.250, TO THOMAS CRAFTS, ESQ. TREASURER 
OF THE COUNTY OF SUFFOLK. 

Resolved that there be paid out of the Treasury of this 
Commonwealth the sum of two hundred and fifty pounds 
to Thomas Crafts esqr. , County Treasurer for the County 
of Suffolk on account of support and maintenance of 
prisoners committed from the Counties of Suflblk and 

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



210 Resolves, 1794. — May Session. 

Norfolk, for crimes and offences against the Common- 
wealth, he to be accountable for the expenditure of the 
same to the General Court. June 27, 1794. 

Chapter 111. 

RESOLVE DIRECTING THE QUARTERMASTER GENERAL TO 
FURNISH EACH BATTALION WITH UNIFORM COLORS, &c. 

Resolved that the quarter Master General of this Com- 
monwealth be and he hereby is Authorised and directed 
to furnish each Battallion of the Militia with uniform 
Colours upon which on one side shall be a device the 
Arms of the United States ; reversed with the Arms of 
this Commonwealth together with the Number of the rege- 
raent, brigade, and Division, at the expence of the Com- 
monwealth, not exceeding fifteen dollars each, and the 
commanding officer of the battallion who shall receive 
Colours shall give duplicate receipts for the same, one to 
be lodged with the quarter Master General and the other 
with the Major General of the Division, to which the said 
commanding officer may belong. June 27, 1794. 

Chapter 11!3. 

RESOLVE RESPECTING THE PUBLICATION OF ACTS AND RE- 
SOLVES IN THE SEVERAL NEWSPAPERS. 

Resolved, that there shall be allowed and paid out of the 
Treasury of this Commonwealth, the sum of five pounds 
annually to every publisher of a News-paper in this Com- 
■ monwealth who shall re-publish in their several News- 
papers, all such acts, resolves proclamations and orders 
of Government as respect the Commonwealth in general, 
and which shall be caused by the Secretary to be published 
in the News-paper published at Boston by the Printer for 
the General Court for the time being. Provided, that 
such republication shall be made within twenty one days 
after the publication of the same by the Printer for the 
General Court as aforesaid, and that one copy of the 
papers in which said republication shall be made shall 
be exhibited to the Committee on public Accounts, as 
evidence of said republication. 

And be it farther resolved, that all such acts, resolves 
and doings of the General Court as respect the Inhabitants 
of any particular County only shall be published in the 



Resolves, 1794. — Mat Session. 211 

several News-papers printed in such County. And all such 
Acts resolves and doings of the General Court as particu- 
larly respect the Inhabitants of any County or Counties 
wherein no news-paper is printed shall be published in 
such Newspaper as the Secretary shall direct, in all which 
cases the several printers shall note at the bottom 
" printed by order of the Secretary." 

And be it further resolved, that all such advertizements 
for the sale of non resident proprietors lands for the pay- 
ment of Taxes as are by Law required to be inserted in 
any Boston News-paper, shall in future be also published 
in such one of the other News papers aforesaid as is 
printed in the County where the said lands so to be sold 
are situated, and all such advertizements for the sale of 
any lands as aforesaid which lie within the district of 
Maine, shall be published in one of the Newspapers 
printed in Portland. 

And he it further resolved, that the resolve passed Feb- 
ruary 20, 1787, providing for the publication of the 
matters and things aforesaid in the Portland and North- 
hampton papers be and hereby is repealed. 

June 27, 1794. 

Chapter 113. 

RESOLVE GRANTING £.13 10, TO THOMAS GREENE. 

Resolved, that there be allowed & paid out of the 
public Treasury of this Commonwealth to Thomas Greene, 
the sum of thirteen Pounds ten shillings in full for his 
services as assistant Clerk to the Senate, the present ses- 
sion of the General Court. June 27, 1794. 

Chapter 114. 

RESOLVE AUTHORISING THE TREASURER TO BORROW $.30,000 
DOLLARS OF THE UNION BANK. 

Whereas it will tend to facilitate the operations of the 
legal appropriations of the monies now due to the Com- 
monwealth to authorise the Treasurer to borrow a sum of 
the Union Bank : 

Therefore Hesolved that the Treasurer of this Common- 
wealth be and hereby is authorised and empowered to 
borrow of the Union Bank a sum not exceeding thirty 
thousand Dollars to be by him appropriated and applied 



212 Eesolves, 1794. — May Session. 

to any of the uses for which money now due to the Com- 
monwealth is appropriated, and he is hereby directed to 
repay the same from the first money which shall come 
into the Treasury from the appropriations made by law 
for the uses to which the monies so borrowed shall be 
applied. June 27, 1794. 

Chapter 114a.* 

ORDER ON THE PETITION OF WYMAN B. SEVEY AND OTHERS. 

Upon the petition of Wyman B. Sevey in behalf of 
himself and other inhabitants of Wiscassett point praying 
that the Plymouth Company may be enjoined to fulfill a 
certain agreement made in the year 1789, between the 
said Company and this Commonwealth, respecting the 
said Company's releasing to the settlers on Wiscassett 
point, all their the said Company's right to the land of 
said point. 

Ordered that the petitioner notify the said Plymouth or 
Kennebec Company, as also the Wiscassett Company, by 
leaving an attested copy of the said petition with the 
respective Clerks of each of said Companies, thirty days 
previous to the second Wednesday of the next session of 
this Court, together with a copy of this order, that the 
said Companies may then appear and shew cause, if they 
think proper, why the prayer of the same should not be 
granted. June 27, 1794. 

Chapter 115. 

RESOLVE APPOINTING ISAIAH LEWIS GREENE, COLLECTOR FOR 
BARNSTABLE COUNTY, AND CONTINUING SAMUEL FOSTER, 
FOR SUFFOLK AND NORFOLK. 

Resolved that Mr. Isaiah Lewis Greene be and hereby 
is appointed Collector of Excise for the County of Barn- 
stable and that the said Isaiah Lewis Greene with Samuel 
Foster Collector of Excise for the Counties of Suffolk and 
Norfolk be and hereby are continued in said Office, with 
full power and authority to do and perform all the duties 
by Law required of Collectors of Excise untill the further 
order of the General Court. 

And he it further resolved that the Register of Deeds 
and the Clerk of the Court of Common pleas and Gen- 

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



Resolves, 1794. — May Session. 213 

eral Sessions of the Peace for the County of Hancock be 
and they hereby are directed and required to account with 
the Treasurer of this Commonwealth for the Monies by 
them respectively received for Licences granted to Inn- 
holders and retailers, admission of Attornies and duties 
payable on deeds. Provided that the said Greene and 
Foster give sufficient Bonds in manner prescribed by Law 
for the faithful performance of the duties of said Office. 

June 27, 1794. 

Chapter 116. 

RESOLVE ON THE PETITION OF JOEL ADAMS, COLLECTOR FOR 
THE TOWN OF UNION. 

On the Petition of Joel Adams, a Collector of the Tax 
No. 5, in the Town of Union, for the year 1786, praying for 
relief respecting said Tax, which amounted to the sum of 
Sixty five Pounds, One third part of which he has paid 
into the Treasury, and Execution is now in the hands of 
the Sheriff of the County of Lincoln, for the remainder. 

Resolved for Reasons set forth in said Petition that the 
Prayer thereof be so far granted, that the sum of Twenty 
pounds part of the ballc. now due from the said Joel Adams 
to this Commonwealth be laid out in repairing the pub- 
lick roads & Bridges in said Town of Union, and upon a 
Certificate of the Selectmen of the said Town of Union 
being returnd into the Treasury Office of this Common- 
wealth within nine months from the passing this Resolve 
that the said Sum has been so expended the Treasurer 
thereof is hereby order'd & directed to pass to the Credit 
of the said Town of Union the bailee, due from the said 
Joel Adams as Collector for the said Town of Union, & 
the Sheriff of the said County of Lincoln is hereby Ordered 
& directed not to Levy the sd. Execution on the said Joel 
Adams for the bailee, aforesaid untill the expiration of 
twelve months from the date hereof. June 27^ 1794. 

Chapter 117. 

RESOLVE ON THE PETITION OF RICHARD WARD, GRANTING A 
FURTHER TIME FOR THE PAYMENT OF A BOND. 

On the Petition of Richard Ward praying a further 
Day for the payment of a certain Bond given by said 
Ward to the Treasurer of said Commonwealth conditioned 



214 Resolves, 1794. — May Session. 

for the payment of six hundred and sixty three pounds 
seventeen shillings & four pence with Interest, on the 22d 
day of December last past. 

Resolved that for reasons set forth in said petition there 
be and hereby is allowed a further term of six months 
from & after the passing this resolve to the said AVard for 
the payment of the aforesaid Sum & Interest and the 
Treasurer is hereliy directed to govern himself accord- 
ingly. June 27, 1794. 

Chapter 118. 

RESOLVE FOR THE COLLECTION OF DEBTS DUE TO ESTATES OF 
CONSPIRATORS. 

Resolved that the Attorney General of this Common- 
wealth immediately take measures by suit or otherwise to 
recover all sums of monies due to the said Commonwealth 
by virtue of an Act passed on the thirtieth day of April 
AD. 1779 entitled "An Act to confiscate the estates of 
certain notorious conspirators against the Government and 
liberties of the inhabitants of the late province now State 
of Massachusetts." 

Resolved that where any person or persons from whom 
such debts may be due, founded on Judgments, Mort- 
gages, or other contracts, shall offer security for the same 
to the satisfaction of the said Attorney General and the 
Treasurer of this Commonwealth, they are hereby author- 
ised to receive such security, and give discharges accord- 
ingly ; and where the debt bears Interest to deduct and 
allow the debtor eight years Interest — And in every case 
wherein the said Attorney General and Treasurer shall be 
of opinion that more than eight years interest ought, under 
all the circumstances of the case to be deducted and 
allowed, they shall state the special circumstances thereof 
to the General Court for their consideration. 

Resolved that in all cases wherein it shall appear to the 
said Attorney General and Treasurer, or to the Court 
wherein process may be instituted in virtue of the fore- 
going Act and Resolutions, that any of the debts before 
named or referred to, have been paid or settled bona fide 
to or with the original creditor or his assigns prior to the 
twelvth day of September A. D. 1786, in all such cases 
report shall be made to the General Court, and no further 
proceedings shall be had until the further order thereof. 



Resolves, 1794. — May Session. 215 

Resolved that the said Attorney General and Treasurer 
shall report to the General Court at each Session thereof 
an account of all debts which shall be by them or either 
of them collected or secured in pursuance of these Reso- 
lutions with the evidence thereof, or an abstract of the 
same. 

Resolved that all monies which shall be collected and 
paid into the Treasury of this Commonwealth in pursu- 
ance of these resolves shall there remain to be disposed 
of hereafter by the General Court to satisfy the Just 
demands of the creditors to the said Conspirators respec- 
tively, or otherwise as the Justice and equity of each case 
may require. 

Resolved that the said Attorney General and Treasurer 
shall be allowed a reasonable compensation for their 
services &, expences in carrying the foregoing resolutions 
into effect. June 27^ 1794. 

Chapter 119. 

RESOLVE ON THE PETITION OF CALEB WHITING, IN BEHALF OF 
HIMSELF, AS CAPTAIN, AND WILLIAM FOSTER, AS LIEUTEN- 
ANT. GRANT TO, 

On the petition of Caleb Whiting in l)ehalf of himself 
as Capt. and William Foster as Lieut, in a Regiment 
Commanded by Colo. Benjamin Haws in the Expedition 
against the Island of Rhode Island in the year 1778, for 
the Term of Six weeks, praying for their extra pay in said 
service. 

Resolved for reasons set forth in said petition that there 
be paid to the said Caleb Whiting Out of the Trea'^ury of 
this Commonwealth, the sum of Twenty one Shillings & 
six pence and to said William Foster the sum of Fifteen 
Shillings it being the specie Value of the extra pay for the 
aforesd. service as Granted by a Resolve of the Genl. 
Court pased in ye year 1779. June 28, 1794. 

Chapter 120. 

RESOLVE ON THE PETITION OF EPHRAIM WILLIAMS AND JOSIAH 
DWIGHT, ADMINISTRATORS OF THE ESTATE OF MOSES ASH- 
LEY, ESQ. DECEASED, JAMES GARDNER, JARED INGERSOL» 
JOHN PITTS, SAMUEL PITTS, AND JONATHAN WARNER. 

On the Petition of Ephraim Williams & Josiah Dwight, 
Admrs. of the Estate of Moses Ashley Esqr. deceasd. — 



216 Resolves, 1794. — May Session. 

James Gardner, Jared Ingersoll, John Pitts, Samuel 
Pitts and Jonathan Warner. 

Resolved for the reasons set forth in said Petition that 
the said John Pitts, Samuel Pitts and Jonathan Warner 
be and they hereby are authorized & empowered to mal?;e 
and execute a Deed or Deeds to Silas Pepoon and Silas 
Whitney in their Capacity of Administrators of the Estate 
of Isaac Marsh late of Tyringham Esqr. deceased, of all 
the Lands described in the Condition of the Bond in the 
said Petition mentioned ; which Deed or Deeds when 
executed as aforesaid, and when the same shall be duly 
acknowledged and recorded in the Kegistry of Deeds in 
the County where such lands lie shall be good and valid 
to the said Administrators of said Marsh in their said 
Capacity, who shall stand seized and possessed of the same 
to the Use of the Creditors and Heirs at Law of said 
Marsh, with authority to sell the same in manner here- 
after described — And the said Administrators of said 
Marsh are hereby authorized & impowered to make pay- 
ment to the said John Pitts, Samuel Pitts & Jonathan 
Warner for said Lands agreeable to the contract of their 
said Intestate out of Assets in their Hands, and the same 
shall be allowed to them by the Judge of Probate for the 
said County of Berkshire in the Settlement of their Ad- 
ministration Account — And the said Administrators of 
said Marsh are herebj'^ further authorized and impowered 
to make and execute a Deed to the said James Gardner, 
of that part of the said lands which is described as fol- 
lows, viz. — beginning at Hopbrook (so called) on or 
near Tyringham line thence running on said Brook westerly 
to land of William Ingersoll, including an Island in said 
Brook, thence northerly to land of Reuben Pixley, thence 
easterly on said Pixley's land to the said Gardner's land, 
and thence southerly to the first bounds, containing fifty 
acres and three quarters of an acre — and lying in the 
Town of Lee — he the said James Gardner paying the 
same Administrators therefor the sum of one hundred &, 
one pounds & ten shillings wnth the Interest thereof from 
the twenty sixth day of May in the year 1791, which 
Deed when executed as aforesaid, and when the same 
shall be duly acknowledged and recorded in the Registry 
of Deeds for the County where the same land lies shall be 
good & valid to the said James Gardner his Heirs and 
assigns forever. 



Resolves, 1794. — Mat Session. 217 

And the same Administrators, are hereby further au- 
thorized and impowered to make and execute a Deed to 
the said Jared Ingersoll of thirty acres of the lands afore- 
said, lying in Lee aforesaid, known by the name of the 
Tilly Lot ; he the said Jared paying the same Adminis- 
trators therefor the sum of eight pounds & ten shillings 
with the Interest thereof from the twenty ninth day of 
May in the year 1791, which Deed when executed as 
aforesaid, & when the same shall be duly acknowledged 
and recorded in the Eegistry of Deeds for the County 
where the same land lies, shall be good and valid to the 
said Jared his Heirs and Assigns forever — And the 
monies or consideration paid by the said James Gardner 
& Jared Ingersoll or either of them to the same Adminis- 
trators shall be Assets in their Hands, and shall be ap- 
propriated to the payment of the just Debts of the said 
Marsh, and the surplusage, if any, shall be apportioned 
among the Representatives of said Marsh as other personal 
Estate — Provided hov;ever that the same Administrators 
in their settlement with said Gardner and Ingersoll, shall 
not off-set any part of the Debts due from their Intestate's 
Estate to the said Gardner or Ingersoll in receiving pay- 
ment for said lands — but said Gardner & Ingersoll shall 
be left to seek their remedy for any such demands against 
the estate of said Marsh, in manner as all other Creditors 
are by Law compelled to do. 

And the same Admrs. may and shall dispose of the res- 
idue of the said lands in manner by law prescribed for 
the sale of Real Estates by Executors and Administrators, 
and the proceeds thereof shall be Assets in their Hands & 
appropriated to the Uses aforesaid. 

And the said James Gardner & Jared Ingersoll are 
hereby authorized to exhibit to the Commissioners on 
the estate of said Marsh any demands which they or either 
of them have against the same estate, for examination and 
allowance, & the said Commissioners are hereby required 
to receive and examine the same, and make Report thereon 
to the Judge of Probate aforesaid, and the said Judge is 
hereby required to receive such report and conduct thereon 
in the same manner as tho' such claims and demands had 
been laid before the Commissioners aforesaid, and returned 
in their former report. 

And he it further resolved, that if the said Gardner & 
Ingersoll shall neglect or refuse for the space of three 



218 Resolves, 1794. — May Session. 

months from the time of passing this resolve to pay or 
secure to be paid as aforesd. to the same Admrs. the 
several sums aforesaid, then the same Administrators are 
hereby authorized to sell the several parcels of land they 
are above empowered to convey to said Gardner & 
IngersoU or either of them, in the same manner and for 
the same purposes as is before provided for the sale of the 
residue of the said lands above mentioned. 

June 30, 1794. 



Chapter 131. 

(ROLL, No. 30.) 

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 Names respectively, which if allowed & paid, will be 
in full discharge of said Accounts to the dates therein 
mentioned. 

JosiAH Stearns Per Order. 



To the Town of Alford for supporting AVilliam Maxfield £. s. d. 
from Jany. 5, 1793 to May 8, 1794 . . . . 17 15 2 

To Nathl. Ames for Medicine & Attendance on David 

Hooper July 31st 1792 1 16 

To the Town of Abington for supporting sundry pau- 
pers from Jany. 1, 1793 to June 6th, 1791 . . . 40 18 9 

To the Town of Acton for supporting sundry paupers 
in full to Feby. 11, 1794 13 

To the Town of Almsbury for supporting Anthony 
Daniels from Novr. 1793 to May 15, 1794 including 
Doer's Bill 14 3 

To the Town of Boston for supporting sundry paupei's 

from 1st Deer. 1793 to 1st June 1794 . . . . 508 19 9 

To the Town of Brimfield for supporting sundry pau- 
pers from Sepr. 1793 to May 1794 . . . . 17 3 3 

To Hermon Briggs (of Cheshire) for supporting Alex- 
ander Richie from 28th Novr. 1793 to 8th March 1794 4 10 

To the Town of Belchertown for supporting Rachael 
Smith from Apl. 10, 1793 to Jany. 15, 1794 including 
Doer. Bill . . 6 11 

To the Town of Brunswick for supporting sundry pau- 
pers in full to May 31st 1794 15 9 

To John Bartlet for Medicine & Attendence on sundry 

paupers from Apl. 27, 1793 to feby. 27, 1794 . . 5 9 2 

To Richd. Briggs for Medicine & Attendance on sundry 
paupers in the Town of Abington from July 5, 1792 
to May 22d 94 9 4 1 

To John Bullard for supporting a Child from Deer. 5, 

1792 to March 5, 1794 9 6 6 



Resolves, 1794. — May Session. 219 

To Maiy Cutter for supporting a Child from Deer. 1, £. s. d. 

1793 to Marcli 1st 1794 3 18 

To the Town of Concord for supporting William Shaw 
from Jany. 6th to June 7, 1794 7 9 

To the Town of Chelsea for suppoi-ting John Goodwin 

from feby. 21, 1793, to feby. 13, 1794 . . . . 10 18 8 

To the Town of Dracut for supjjorting John Hancock 

from feby. 3, 1794 to, Tune 9, 1794 .... 676 

To Eliphalet Downer for Medicine & Attendance on 

William Spear from Octo. 6, 1793 to Nov. 27, 1793 . 27 14 

To John Davis for supporting James Johnson in the 

Town of Oxford from Oct. 12th 1792 to Apl. 12th 1793 8 18 

To Jonathan Davis for Medicine & Attendence on sun- 
dry paupers in Roxbury to June 1st 1794 . . . 9 6 10 

To Moses Draper for supi^orting David Hooper from 

July 1st 1792 to Sepr. 1, 1792 4 10 

To the Town of Eastown for supporting Abigail Honey- 
brooks from Jany. 16, to May 29, 1794 ... 638 

To the Town of Franklin for suj^porting Alexr. Reed 

from Jany. 7, 1793 to May 27, 1794 . . . , 34 6 2 

To the Town of Greenfield for supporting sundry pau- 
pers from Augt. 1793 to feby. 1794 . . . . 40 5 10 

To the Town of Gorham (by Order of both Houses) 

short allowance for support of pauj^ers in Roll No. 29 7 11 6 

To the Town of Gloucester for supporting sundry pau- 
pers from Jany. 1st to May 1st 1794 .... 5015 6 

To the Town of Hardwick for supporting John Veal & 

Wife from May 10, 1793 to May 20, 1794 . . . 12 2 7 

To the Town of Ipswich for supporting sundry paupers 
from March 1, 1792 to March 7, 1794 by order of both 
Houses 106 17 6 

To William Jackson for Medicine & Attendance on the 
States Poor in Boston Alms House from May 15, 1793 
to May 15, 1794 as pr. Resolve of Court . . . 120 

To the Town of Lenox for supporting Martha St. John 
from 1st March 1793 to 1st March 1794, & Christia 
Crow from 1 Novr. 1793 to 1 May 1794 . . . 22 15 

To the Town of Lunenburg for supporting sundry pan- 

pers from May 28, 1793 to May 15, 1794 . . . 24 10 1 

To the Town of Lincoln for supporting William Oar 

from Novr. 2d 1792 to June 10th 1794 . . . 15 4 11 

To Nehemiah May for supporting William Lewis (in 

the Town of Goshen) in full to Gth feby. 1793 . . 3 19 

To the Town of Mendon for supporting sundry paupers, 
including Doctr. Bill from 4 Sepr. 1793 to May 15, 
1794 15 1 1 

To the ToAvn of Marshfield for supporting two Indian 
Children (by order Genl. Court) from May 15th 1793 
to May 5, 1794 8 10 

To the Town of Middleboro for supporting Catharine 

Moore from Jany. 6, to May 7, 1794 . . . . 3 14 6 

To the Town of Marlborough for supporting Joseph 

Waters & family from Jany. 1st 1793 to Jany. 1st 1794 4 10 

To the Town of INIachias for supporting sundry paupers 

from Augt 26, 1791 to May 19, 1794 . . . . 78 12 5 

To the Town of Methuen for supplying Thoms. Pease 

from Novr. 6th 1792 to March 1st 1794 . . . o 18 9 



220 Kesolves, 1794. — Mat Session. 

To the Town of New brantree for supporting Michael £. s. d. 
Lincoln from feby. 26th, 1793 to May 21, 1794 . . 3 2 10 

To the Town of Northampton for supporting Samuel 

Green from Feby. 6, 1793 to May 26, 1794 . . . 11 3 6 

To the Town of Northborough for supporting Michael 
Conners from Jany. 22 to June 14, 1794 including 
Doctr. Bill 290 

To the Town of Plymouth for supporting sundry pau- 
pers fi'om 1st feby. to 6th June 1794 , . . . 12 13 5 

To the Town of Portland for supporting sundry pau- 
pers in full to 16th May 1794 including Doer. Bill . 39 5 10 

To the Town of Rowley for supporting John JeoflSres & 
Wife from 11th April 1793 to 27th Sepr. 1793 includ- 
ing Doctr. Bill & funeral Charges . . . . 23 1 1 

To the Town of Richmond for supporting Phebe Pameli 

& Child from 4th Deer. 1793 to 7th Apl. 1794 . . 5 9 3 

To the Town of Shelburne for supporting the Widow 
Bates & three Children from 12 Se^jr. 93 to June 6, 
1794 ... 23 13 3 

To the Town of Shrewsbury for supporting the Wife 
of George Philmore & Child from March 1, 1793 to 
March 1, 1794 including Doctr. Bill . . . , 19 

To the Town of Stockbridge for supporting sundry j^au- 
pers from Jany. 1786 to 2 June 1794 including Doctr. 
Bill — reed, by Order of both Houses . . 113 15 3 

To the Town of Situate for supporting sundry Paupers 

in full to 7th. Apl. 1794 including Doer. Bill . . 29 15 9 

To the Town of Spencer for supijorting Robert Giffin 
from feby. 18, 1792 to 12 Sepr. 1793 including Doer. 
Bill received by order of both Houses . . . . 26 8 1 

To the Town of Uxbrige for Supporting Betsey Triffle 

from 17 Jany. 1794 to 19 May 1794 .... 8 14 6 

To the Town of Western for supporting John Kean from 

Deer 7, 1793 to May 14, 1794 6 5 

To the Town of West Spx'ingfield for sujoporting Lucy 

Kent & Child from 1st Jany. to 23 May 1794 . 8 15 6 

To the Town of Wesborough for supporting John Scud- 
more from 13 Feb}^ to 12 June 1794 . . . . 6 15 6 

To the Town of VVatertown for supporting William 

Blaver, in Sickness, Eight Weeks to lUth Jany 1794 . 4 16 

To the Town of Waldoborough for Doctering, nursing 
& burying sundry paupers in full to 5th May 1794 
reed, by Order of both Houses . . . . . 26 11 

To Thoms. Welch for Medicine & Attendance on sun- 
dry paupers at the Pest House in Boston from Octo. 26, 
to Deer. 20, 1792 20 17 3 

To the Town of York for supporting sundry paupers in 

full to 22d May 1794 ...... 30 9 

To the Town of Willianistown for supporting sundry 
paupers from feby. 1st to May 16, 1794 & funeral 
Charges 15 5 

To Samuel Whitewell for his Sei'vices as Overseer of 
the State pauj^ers in Boston Almshouse from Deer. 
1, 1793 to June 1st 1794 37 19 6 

To the Town of Watertown for supporting Samuel 

McCobb from feby. 19, to 18th June 1794 . . . 7 13 

£.1775 17 11 



Resolves, 1794. — May Session^. 221 



Exigences of the Militia. 

To Amos Ames for his Services as Adjutant from Sepr. £. s. d. 
1792 to Sepr. 1793 6 2 6 

To Samuel Bradley his accot. of Powder expended for 
the use of the Artilly. in Boston from Nov. 1792 to 
Feby. 1794 6 18 

To Bethevvell Boyd for his Services as Adjutant from 

Jany. 1st 1793 to 28th May 1794 6 2 11 

To Isaac Bartlet his Services as Dy. Adjt. Genl. from 21 

Apl. to 31 May 1794 2 9 

To Medad Dickinson for his Services as Adjutant from 
feby. 6, 1792 to May 23d 1794 9 15 4 

To Nathl. Freeman Junr. Brigade Major for short Al- 
lowance in his Accot. in Roll No. 29 . . . . 3 12 

To William Fisk for his Services as Brigade Majr. from 

Sepr. 1793 to Apl. 1794 3 

To John Gleason Jr. for his Services as Adjutant from 

May 1, 1792, to June 1, 1794 7 G 6 

To Aaron Haynes for his Seiwices as Adjutant from 

Augt. 8, 1793 to June 10, 1794 4 12 8 

To Jacob Man for his Services as Brigade Majr. from 

feby. 1, 1793 to May 10, 1794 13 4 8 

To John Meacham Adjutant for short allowance in his 

accot. exhibited as pr. Roll No. 29 . . . . 3 12 6 

To Jonathan McGee for his Services as Adjutant from 

1st May 1793 to 18 Jany. 1794 7 

To Silas Pepoon President of a Court Mai'tial held by 
order of Genl. Ashley on the 30th & 31st July 1793 
for himself & members of sd Court in full . . 6 19 11 

To Silas Pepoon for himself & Members of a Court of 
Enquiry by Order of Genl. Ashley on the 4th & 5th 
June 1793 1 15 4 

To Silas Pepoon for his Services as Brigade Majr. from 
14 July 1789, to 16 June 1790 reed, by order of both 
Houses 13 12 

To Hemy Sewall for performing the Duty of Brigade 
Major in the 8th Div. from 17th Jany. 1793 to June 
1794 26 12 

To John Saunders Jr. for his Services as Brigade Major 

from Octo. 9, 1793 to May 1st. 1794 .... 9 17 8 

To John Spooner for his Services as Adjutant from 4th 

March to 15 May 1794 5 10 

To Benjamin Wan-en for his Services as Brigade Major 

from 10 June 1793 to 10 June 1794 . . . . 13 18 8 

To John S. Tyler for his Services as Depy. Adt. Genl. 
from Octo. 1793 to June 1794 including short Allow- 
ance in his last Acct 17 2 6 

To James Avery his Accot. for Services as Brigade 

Major from 31 Deer. 1793 to 31st. May 1794 . . 10 6 8 

£.179 10 10 



222 Resolves, 1794. — May Session. 



Sheriffs & Coroners Accounts. 

To Zepheniah Leonai'd Esqr. for his Services as Sher[t]ff 

from March 1792 to May 1794, reed, by Order of both £. s. d. 
Houses 15 16 

To William Case for his Expences of Inquisitions on the 
Bodies of sundry Foreigners from June 1793 to March 
1794 in Dukes County 12 12 6 

To Jeremiah Parsons for taking an Inquisition on the 
bodies of two Strangers in Newbury Port, in July 
1790, reed, by Order of both Houses .... 2 18 6 



£.31 7 





£. s. 
1 13 


d. 




Miscellmieous Accounts. 

To John Ballai'd his Accot. of Horse hire feby. 17th 94 

To Josejjh Blake his Accot. for Whitewashing & repairs 

on the State House May 1794 8 9 6 

To Capt. Daniel Cadwell his Accot. of Powder ex- 
pended for the Use of the Artillery in the County of 
Berkshire from Sepr. 1788 to Sepr. 1793 reed, by 
Order of Court 11 10 3 

To Thorns. Davis Ti'easurer, his Accot. from May 28, 

1793 to June 15, 1794 43 17 1 

To Jacob Kuhn Ballance of his Account for sundry Suj)- 

plies in full to June 23, 1793 6 12 

To Abraham Foster his accot. of Glazing at the Prov- 
ince House in full to May 25, 1794 . . . . 4 4 q 

To Thoms. Hodgedon for Supplies to the Troops in 

1781 pr. Order of Col. Saml. McCobb, reed, by Order 

Court 54 17 

To Joseph Laughton for his Services as first Clerk in 

the Treasury from 22 Feby. 1794 to 21 June 1794 . 56 2 

To the Town of Medford for Supplies in the late Insur- 
rection in full, reed, by Order of Court . . . 45 3 

To Solomon Phelps his accots for Supplies to Artillery 

at Westfield 21st Sepr. 1793 14 

To Capt. David Powell his Accot. of Powder supplied 
the Artillery in the County of Berkshire in full to June 
1794 6 10 

To Bartho. Trow his Accot. for riding Express to re- 
quest the Attendanc[e] of a Councellor 24 March 1794 1 19 

To Henry Warren his Accot. of Sundries by Order of 

the House of Representatives 19 10 

To David West his Accot. of Stationary from Augt. 1793 

to May 27, 1794 16 5 5 

To Henry W^. Dwight his Accot. of Fees as Clerk of the 
Common pleas in the County of Berkshire from Febv. 

1782 to feby. 1793 reed, by Order of both Houses " . 13 6 8 
To Thoms. Walcott for making Schedules for Tax Bills 

& pay Rolls June 1794 1 10 

£.274 



Resolves, 1794. — May Session. 



223 



Printers Accoujits. 

To John Spooner for printing by Order of the Secretary 
March 24, 1794 

To Edwd. Gray for printing Sundry Acts & Resolves to 
May 1794 

To James Reed Hutehins for printing sundry Acts & 
Resolves to May 1794 

To Benjamin Titcomb for printing sundiy Acts & Re- 
solves to May 1794 



Expences for Support of Paupers 
Expences of the Militia . 
Expences of Sheriffs & Coroners 
Expences for Printing 
Expences Miscellaneou.s . 



£. s. 

12 

4 10 
11 6 
10 13 
1 



£.27 



Amot. of Roll No. 30, passed June 1794. 



£. 


s. 


d. 


\llb 


17 


11 


179 


10 


10 


31 


7 





27 


1 





274 









£.2287 16 9 



Read and accepted, & thereupon Resolved, that there 
be allowed and paid out of the public Treasury, to the 
several Corporations & persons mentioned on this Roll, 
the sum set against such Corporations & persons respec- 
tively, amounting in the whole to the sum of Two 
thousand two hundred & eighty seven pounds, sixteen 
shillings & nine pence. June 25, 1794. 



RESOLVES 



GENEKAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS: 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY-EIGHTH DAY OF 
MAY, A. D. 1794; AND FROM THENCE CONTINUED BY 
ADJOURNMENT, TO WEDNESDAY, THE 14th DAY OF 
JANUABY, 1795. 



1794. — January Session. 
Chapter 1. 

RESOLVE GRANTING £15 TO JACOB KUHN, MESSENGER OF THE 
HOUSE OF REPRESENTATIVES, TO PURCHASE FUEL. 

Resolved that there be allowed & paid out of the Treas- 
ury of this Commonwealth, to Jacob Kuhn, Messenger 
of the Genl. Court, the sum of fifteen pounds, to enable 
him to purchase fuel &c. for the use of said Court ; he to 
be accountable for the expenditure of the same. 

January 17, 1795. 

Chapter 3. 

RESOLVE ON THE PETITION OF MICAH RALPH, EMPOWERING 
HIM TO SELL THE LAND MENTIONED, WITH THE CONSENT 
OF THE SELECTMEN OF THE TOWN OF EASTHAM. 

On the Petition of Micah Ralph Indian man Praying 
for liberty to Sell the land hereafter Discribed. 

Resolved that the Said Micah (with the Consent of the 
Selectmen of the Town of Eastham) be and he hereby is 
empowered to Sell a Piece of land Containing about 



226 Kesolves, 1794. — January Session. 

Twenty acres belonging to the Indians Called the Poto- 
numcut Tribe lying in the Town of Eastham aforesaid, 
Bounded Westerly by Chatham Road So Called, Southerly 
by a way that leads from Said Road to Joshua Rogers 
Dwelling House ; Easterly by the land of the widow 
Elizalieth Rogers and others ; and on the northerly Part 
by the land of Sarah Rogers ; and the Said Micah is 
hereby Authorized and empowered to make and Execute 
a lawfull Deed or Deeds of the aforesaid land to the Pur- 
chaser or Purchasers thereof; the money arising by Such 
Sale to be Paid by the purchasers into the hands of the 
Selectmen aforesaid who are hereby empowered and Di- 
rected to Pay unto the said Micah five Pounds four Shil- 
lings & ten Pence to Satisfy his account Exhibited for his 
Services done for the Tribe aforesaid and also to Pay him 
his Reasonable Expence for Selling Said land ; the over- 
plus if any, the Selectmen aforesaid are hereby Directed 
to Pay into the Treasury of the Said Town ; to be applied 
Solely to the Support of Such Poor Indian or Indians 
belono-ino; to the Said Tribe, as Said Selectmen for the 
time Being Shall think Stand in need thereof. 

January 20, 1795. 

Chapter 3. 

RESOLVE ON THE PETITION OF SAMUEL HOUSE, EMPOWERING 
THE COMMITTEE ON ACCOUNTS TO EXAMINE HIS ACCOUNT. 

On the Petition of Samuel House of pembrook, praying 
that he may be allowed some Compensation for the Suport 
of an Indian Child. 

Resolved, that the prayer of Said petition be So far 
Granted, that the Committee on Accounts be, and the}'^ 
are hereby impowered and Directed, to Examine said 
Samuels Accounts, and allow him What may Appear to 
them Reasonable and Just thereon. January 20, 1795. 

ANSWER OF THE SENATE TO THE GOVERNOR'S SPEECH OF JAN- 
UARY 16th, 1795.* 

Ordered that Solomon Freeman, Nathaniel Wells and 
Thomas Dawes Esqrs. be a Committee to wait on his 
Excellency with the following answer to His Excellency's 
speech at the opening of the session. 

* Not printed in previous editions. 



Kesolves, 1794. — January Session. 227 

May it please yr. Excellency, 

It is with real satisfaction that the Senate receives your 
communications ; & we think with you that the opinion 
expressed by the people, that the legishxture ought fre- 
quently to assemble for redress of grievances & for correct- 
ing & amending the laws is just & well founded — 

As we esteem it the peculiar right of a free & enlight- 
ened people to form their constitutions as they shall think 
best & at all times to revise & make them conform to the 
State of their society ; so we esteem it the particular duty 
of their legislators at all times, dispassionately to examine 
the existing laws & to render them in the highest degree 
promotive of the public good — 

In a Country like this where the people at large not 
only make & execute their laws by their representatives 
or agents freely elected ; but also even form & amend 
their constitutions in most cases in the same manner, we 
are in sentiment with your Excellency that the elections 
must be guarded and regulated with the utmost care ; 
otherwise our liberties constitutions, & laws highly valued 
by our own & much esteemed by other nations, cannot be 
of long continuance — to preserve therefore the elections 
of public men pure & free from abuses, we hope & believe 
that neither the attention of the people themselves, or of 
those deputed more immediately to manage their public 
affairs will, at any time be wanting — 

The Constitution of the United States & of each State 
we view as essential parts of the same system ; under 
which the American people enjoy their present advantages 
& peculiar privileges ; no part of which can be violated, or 
receive a false interpretation, without injuring the whole 
— & the sentiment you express, we have long adopted — 
that to continue a happy people, they must make & en- 
force wise laws, & carry into full effect a system of educa- 
tion dictated by the peculiar situation of United America. 

We recollect with pleasure the great success the forces 
of the Union have had against the hostile Indians ; & most 
sincerely wish they may be disposed to accept just & 
equitable terms of peace & in future, experience the bless- 
ings of a friendly intercours with the United States — 

The late unjustifiable insurrection, you mention is truly 
a matter of serious resfret as amons; other disao-reeable 
considerations it exhibits a small part of the American 
people taking arms against the constitutional laws of the 



228 Kesolves, 1794. — January Session. 

whole — in the suppression of it however we discern the 
mildness & wisdom of the government, & the good sense, 
virtue & energy of the great body of the people in sup- 
port of those laws — & may they on every occasion, as on 
this, prove to the world how well they distinguish between 
licentiousness & true liberty ; between the coercive force 
of tlieir own laws & arbitrary power ; & as well disappoint 
the licencious ; as those who rashly pronounce that men 
will not long support or be controuled by a free represent- 
ative government — 

When we recollect how many of the last twenty years 
these States have severely felt the calamities of war, & how 
necessary peace is to their prosperity & happiness ; as 
among other advantages, it affords them a favourable op- 
portunity to render their laws & public arrangements 
more perfect, we cannot but esteem it as a peculiar bless- 
ing that they have not been involved in the war that now 
desolates some of the fairest countries of the old world — 
and we cannot but rejoice that the course of events have 
been such, as to afford us a reasonable prospect of a con- 
tinuance of peace, & of compensation, without resorting 
to arms, for the late most unjustifiable depredations com- 
mitted on the property of our Citizens — 

From the present progress of liberty and diffusion of 
knowledge, & especially respecting the rights of men, we 
hope that the right each nation has to regulate its internal 
government, undisturbed by others will very soon be 
more generally recognized, &, therefore, that liberty & 
peace so dear to Americans, will be more universally 
cultivated by mankind — 

Your Excellency's observations respect'g lands pur- 
chased by the United States by consent of the State legis 
lature for forts magazines &c. are in our opinion well 
founded, & we assure you that this & every other matter 
you have laid before the legislature, shall receive our 
early attention, & that we will endeavour, seasonably to 
have laid before you the public acts & resolves for yr. 
approbation, doubting not that whatever measure shall 
appear to be calculated for the public good will receive yr. 
ready assent. January 21, 1795. 



Resolves, 1794. — January Session. 229 



Chapter 4. 

RESOLVE ON THE PETITION OF THE GUARDIANS TO THE HEIRS 
OF WILLIAM LEAVERITT, EMPOWERING.THE ADMINISTRATORS 
TO SELL AND CONVEY THE REAL ESTATE MENTIONED; THEY 
GIVING BONDS AGREEABLE TO LAW. 

On the Petition of the Guardians to the Heirs of Wil- 
liam Leaveritt late of Needham in the County of Norfolk 
deed, praying for Liberty to be granted to the Adminis- 
trators on sd. Estate to sell and convey the Minors share 
of the Real Estate of said deed, lying in sd. Needham. 

Resolved for Reasons set forth in sd. Petition that the 
Administrators of sd. Estate be and hereby are empowered 
to sell and Convey sd. Real Estate they first giving Bonds 
to the Judge of Probate for sd. County for the faithfull 
performance of their Trust, agreably to the Law in such 
cases made and provided. January 22, 1795. 

Chapter 5. 

RESOLVE DIRECTING AN ENTRY ON THE RECORDS OF THE 
COMMONWEALTH, OF THE REPORT OF THE HON. GEORGE 
PARTRIDGE, ISAAC THOMSON AND NATHANIEL HAMMOND, A 
COMMITTEE APPOINTED TO PERAMBULATE AND SETTLE A 
BOUNDARY-LINE BETWEEN THE LANDS OF THE MARSHPEE 
TRIBE OF INDIANS, AND THE PROPRIETORS AND TOWN OF 
BARNSTABLE. 

To the Honbl. General Court of the Gommonivealth of 
Massachusetts. 

We the subscribers being appointed & commissioned by 
a Resolve of the 22nd of March A. D. 1793 & by another 
Resolve of Jany. 21 A. D. 1794 to perambulate and settle 
a boundary Line between the lands of the Mashpee Tribe 
of Indians and the proprietors and Town of Barnstable, 
having notified and fully heard all persons and parties 
Interested in the settlement, have fixed and determined 
the said lines and bounds to be as followeth viz. — Begin- 
ning at a stake well known l)y the name of the five mile 
stake which is a corner bound betwixt the Towns of Sand- 
wich and Barnstable — said stake stands about five Rods 
south east of a deep miry bottom, thence Runing south 
thirty two degrees and three quarters East one hundred 
and eighty rods to the middle of a small bushe swamp 
lying by chopchase field (so called) thence south twenty 



230 Resolves, 1794. — January Session. 

one degrees east one hundred and ninety one Rods to a 
stake and stones by the side of an hill about two Rods 
south west of a miry swamp — thence south thirty three 
degrees west one hundred and ninety four Rods — to a 
stake by the side of a fence — thence West twenty nine 
degrees south thirty Rods to a brook or River called 
Somtuite alias Contuite River, a little below a pond 
called Somtuite alias Contuite pond — thence down stream 
by the middle of said River to paupanesset bay — thence 
by said Bay to the sea — leaving two Islands of salt marsh 
or flats called Thatch Islands lying in said bay to apper- 
tain and belong to the district of Mashpee. 

Witness our hands the seventh day of October A. D. 
1794. 

GEO. PARTRIDGE, 
ISAAC THOMSON, 
NATHL. HAMMOND. 

In Senate Jany. 21, 1795. — Read & accepted & 
Ordered that the same be entered on the Records of the 
Commonwealth. Sent down for concurrence, 

SAML. PHILLIPS, Presdt. 

In the House of Represents. Jany. 22d, 1795. — Read 
and Concurred, EDWD. H. ROBBINS, 8pkr. 

Jany. 22, 1795, Approved, SAMUEL ADAMS. 



Chapter 6. 

RESOLVE ON THE PETITION OF JOHN NEPTUNE, AN INDIAN 
OF THE PENOBSCOT TRIBE, AUTHORIZING THE QUARTER 
MASTER GENERAL TO FURNISH HIM WITH ARTICLES OF 
CLOATHING AND PROVISIONS, AND GRANTING HIM £.10 FOR 
THIS PURPOSE. 

On the petition of John Neptune an Indian of the 
Penobscot tribe praying for some relief in his distressed 
circumstances. 

Resolved that the prayer of said petition be so far 
granted that Amasa Davis Esqr. Quarter Master Genl. 
be & hereby is authorized to furnish the said John Nep- 
tune with such articles of cloathing & provision as he may 
immediately be in want of not exceeding seven pounds 
also three pounds in money to enable him to return to his 
Ikmily, & that the aforesaid sum often pounds be allowed 



Eesolves, 1794. — January Session. 231 

& paid out of the public Treasury of this Comonwealth 
to the said Davis for the purposes aforesaid. 

January 22, 1 795. 

Chapter 7. 

RESOLVE ALLOWING AND CREDITING £.39 9 11 AS A BALANCE 
DUE TO THE GUARDIANS OF THE DUDLEY INDIANS. 

Whereas it appears by Examining the accounts pre- 
sented by the Guardians of the Dudley Indians from 
February 25th 1793 that there is a bahmee in favour of 
sd. Guardians including a balance due to them in a settle- 
ment made February 25th, 1793 of the sum of Thirty nine 
Pounds nine shillings and Eleven Pence for articles fur- 
nished sd. Indians being in full of their Accounts to the 
8th Day of January 1795 : 

Resolved that the aforesaid sum of thirty Nine Pounds 
nine shillings & Eleven pence be Allowed and Credited as 
a ballance Due to sd. Guardians Accordingly. 

January 23, 1795. 

Chapter 7a.* 

ORDER ON THE PETITION OF JOSEPH BRIANT AND OTHERS. 

On the petition of Joseph Briant and others. 

Ordered that the petitioners notify the towns of Stone- 
ham and Reading, by leaving an attested copy of their 
petition and this order thereon, with the respective Clerks 
of the said towns, at least thirty days before the second 
Wednesday of the first session of the next General Court, 
that they may appear on said day, and shew cause, if any 
they have, why the prayer of the said petition should not 
be granted. January 23, 1795. 

Chai)ter 8. 

RESOLVE GRANTING A TAX TO THE COUNTY OF CUMBERLAND. 

Whereas the Treasurer for the County of Cumberland, 
has laid his Accounts before the General Court, in manner 
by Law prescribed, which Accounts are hereby alowed ; 
& whereas the Clerk of the Court of the General Sessions 
of the peace for the sd. County has laid before the sd. 

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



232 Kesolves, 1794. — January Session. 

Court an estimate made by the Court of General Sessions 
of the Peace for the sd. County of the necessary Charges 
likely to arise within the sd. County the Current year, 
amounting to the sum of Seven hundred & thirty five 
Pounds : 

Resolved that the sum of seven hundred & thirty five 
pounds, be & hereby is granted as a tax for the sd. County 
of Cumberland to be apportioned, Assessed, Collectd & 
Applied in manner agreable to Law. 

January 23, 1795. 



Chapter 9. 

RESOLVE ON THE PETITION OF LUKE NASH, DIRECTING THE Q. 
M. GENERAL TO FURNISH HIM WITH 50 LBS. OF POWDER. 

On the petition of Luke Nash praying to be reimbursed 
for fifty pounds of powder expended in reviewing the 
Militia. 

Resolved that the Quarter Master General furnish the 
said Luke Nash with fifty pounds of powder from the 
public stores, taking his receipt therefor. 

January 23, 1 795. 



Chapter 9a.* 

ORDER ON THE PETITION OF JONATHAN WEBB. 

On the Petition of Jonathan Webb praying that some 
person may be appointed to convey to him the right which 
the Comonwealth have in a certain Mill privilidge in the 
Town of Falmouth in the County of Cumberland. 

Orderd that the Petitioner notify all persons concerned 
in sd. mill privilidge to shew cause (if any they have) on 
the Second Wednesday of the first Session of the next 
General Court why the prayer thereof should not be 
granted by publishing in one of the Portland news papers 
an attested copy of said Petition & this Order thereon, four 
weeks successively previous, to the second Wednesday of 
the first Session of the next general Court aforesd. 

January 23, 1795. 

* Not printed in previous editions. 



Kesolves, 1794. — January Session. 233 



Chapter 10. 

RESOLVE ON THE PETITION OF JOHN CLARK AND OTHERS, AU- 
THORIZING THE COMMITTEE TO QUIET THE PRESENT POS- 
SESSORS OF THE LAND, OBSERVING THE CONDITIONS OF JUNE 
9TH, 1794. 

Whereas on the pe[^i]tion of John Clark and others a 
Kesolve was past in the Jast session of the General Court 
among other things impowering a Committee on the Con- 
ditions and in the way and manner therein expressed to 
convey the lands therein mentiond to the Petitioners. 

And whereas the Reasonableness of the prayer of the 
petition extends to some citizens who were not Petitioners 
and one of the Petitioners has transfered his Possession 
and moved out of the Commonwealth ; whereby the Re- 
solve cannot in its present form answer the designs of the 
Petitions or the intention of the Legislature, and whereas 
also the said John Clark, with Isaac Clark Jno. Clark 
junr. Nathan Holden, William Nightingale, Joseph Clark 
and Howard Hinds the present possessors of the said 
lands have this present session made their Application 
to the General court praying that each tenent on the 
said Lands may be quieted in his respective pos- 
session : 

Resolved, that the said Committee insted of Conveying 
the said lands to the Petitioners as expressed in said Ke- 
solve are hereby Authorized & impower'd to convey the 
same to the above named possessors, or to such of them 
as shall comply with the terms & requisitions of the afore- 
sd. Resolve the Committee observing all the conditions 
rules regulations and directions in the aforesaid Resolve 
passed June 9th 1794. January 24, 1795. 

Chapter 11. 

RESOLVE ON THE PETITION OF SAMUEL CUTLER, ADMINISTRA- 
TOR OF THE ESTATE OF MARTHA LEE, DECEASED. 

On the Petition of Samuel Cutler Administrator of the 
Estate of Martha Lee deceased, with her Will annexed. 

Resolved, that the said Cutler in his said Capacity, shall 
have authority, and he is hereby fully authorised and im- 
powered, to bargain sell and convey all the real Estate 
which the said Martha had at her decease, for the most 
the same -will fetch, and in such Parcels as shall be 



234 Resolves, 1794. — Jais^uary Session. 

thought best, in like manner and to the same effect and 
purpose, as the persons named Executors of the said Will 
were there])y authorised and impowered. And the said 
Cutler as Administrator shall have the like authority, and 
he is hereby authorised and impowered, to sell and convey 
in like manner, any parcels of real Estate, which have 
been or which shall be taken in Execution by him in that 
Capacity, any law or custom to the contrary notwithstand- 
ing : Provided that said Cutler before any sale shall 
be made as aforesaid, shall give Bond with sufficient 
Surety to the Judge of Probate of the County of Essex, 
for the faithful discharge of this Trust, and the application 
and disposal of the proceeds of the Sales which shall be 
made by virtue hereof, according to the true intent of the 
said Martha's Will, and to render a just account to the 
said Judge of Probate accordingly. 

January 24, 1795. 



Chapter 12, 

RESOLVE ON THE PETITION OF THE TOWN OF GROTON, RESPECT- 
ING A CERTAIN CLASS WHO WERE DEFICIENT IN FURNISHING 
A MAN FOR THE CONTINENTAL ARMY. 

On the petition of the town of Groton setting forth that 
a certain class in said town were deficient in furnishing a 
man for the Continental army pursuant to a resolution of 
the Legislature passed March 7, 1782; that in conse- 
quence thereof said class were assessed with the average 
price of hiring a soldier with the addition of twenty two 
per cent, which assessment was committed to a collector 
to collect, but the said collector soon after absconded 
never having perfected his collection. 

Itemlved That the present assessors of the said town of 
Groton be and they are hereby authorized and required 
to make out a list of the names of such of said class as 
never paid their said assessment together with the sums at 
which they were severally assessed as aforesaid and deliver 
the same to some constable or collector of said town now 
being with a warrant in common form to collect and pay 
the same into the hands of the Treasurer of the Common- 
wealth and the said collector or constable on receiving 
said list and warrant shall have the like power and author- 
ity to collect said sums by distress and sale of the goods 
of the said persons or otherwise as collectors and consta- 



Resolves, 1794. — January Session. 235 

bles have in collecting State taxes, and shall be alike 
subject to the Execution of the said Treasurer for delin- 
quency in collecting and paying into his hands said sums 
within four months from the passing this resolve. And 
the said treasurer on a receipt of a certificate from said 
a!?sessors informing him of said commitment and the name 
of such constable or collector is directed to stay execution 
against said town of Groton on account of said Tax to 
wit for the sum of seventy four pounds one shilling & 
eight pence until after the return of the execution which 
he may issue against said constable or collector. And 
the said treasurer is further directed on the receipt of any 
such money from said constable or collector to credit said 
town therefor so far as the same will extend. 

January 26, 1795. 

Chapter 13a.* 

ORDER ON THE PETITION OF JEREMIAH HUBBARD & OTHERS. 

On the j)etition of Jereh. Hubbard & others inhabi- 
tants of the first Parish in Wells praying to be incor- 
porated into a separate parish. 

Ordered that the petitioners notify the inhabitants of 
sd. first Parish of Wells by leaving an attested copy of 
this petition & order thereon with the Clerk of sd. 
parish thirty days at least before the second Wednesday 
of the first session of the next Genl. Court that they may 
then appear & shew cause if any they have why the prayer 
of sd. petition should not be granted. January 26, 1795. 

Chapter 13b. t 

ORDER ON THE PETITION OF CERTAIN INHABITANTS OF THE 
TOWNS OF BOYLSTON, STERLING, HOLDEN AND WORCESTER. 

On the petition of the inhabitants of the westerly part 
of Boylston, the southerly part of Sterling, the easterly 
part of Holden, and the northerly part of Worcester. 

Ordered that the petitioners notify the towns mentioned 
in their petition, by leaving an attested copy of their 
petition, and this order thereon, with the respective 
Clerks of the said towns, thirty days at least before the 
third Wednesday of the first session, of the next General 

• Not printed in previous editions. 

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



236 Eesolves, 1794. — January Session. 

Court, that they may appear on said day, and shew cause 
if any they have, why the prayer of the said petition 
should not be granted. January 26, 1795. 

Chapter 13 c.* 

ORDER ON THE PETITION OF JOHN WILLIAMS. 

On the petition of John Williams of Deerfield, praying 
for liberty to build a Bridge over Deerfield river. 

Ordered that the petitioner notify the inhabitants of the 
towns of Deerfield and Greenfield, by leaving an attested 
copy of his petition and this order thereon with the town 
Clerks of said towns, thirty days at least before second 
Wednesday of the first session of the next General Court, 
that they may then appear and shew cause, if any they 
have, why the prayer of said petition should not be 
granted. January 26, 1795. 

Chapter 13. 

RESOLVE ON THE PETITION OF JOHN SNOW, ADMINISTRATOR 
DE BOyiS NON, ON THE ESTATE OF EZEKIEL SAWYER, DE- 
CEASED, AUTHORIZING HIM TO EXECUTE A GOOD DEED OF 
THE LAND MENTIONED. 

On the Petition of John Snow Adminr. de bonis non, 
on the Estate of Ezekiel Sawyer deed, praying that he may 
be empower'd to Execute a Deed of a certain Lot of 
Land in Portland lately belonging to the Estate of said 
Sawyer, deed, to one Barnabas Sherman. 

Resolved for Reasons set forth in said Petition That the 
Petitioner have leave & he is hereby Authorized & em- 
powered to execute a good and Sufficient deed of said Lott 
of Land to the said Barnabas Sherman ; the said John 
Snow to Account with the Judge of Probate of Wills &c. 
for the County of Cumberland, for the Proceeds of the 
same. January 27, 1795. 

Chapter 14. 

RESOLVE ON THE PETITION OF WILLIAM PARIS, AUTHORIZING 
HIM TO SELL AND CONVEY ALL THE RIGHT. &c. OF AND IN 
THE REVERSION OF THE REAL ESTATE MENTIONED ; WITH A 
PROVISO. 

Upon the Petition of William Paris father of Margarctt 
Faris a minor of the age of seven years, praying that he 

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



Resolves, 1794. — January Session. 237 

may have authority to sell and convey her right and share 
of a Reversion of certain real Estate, and for that purpose 
may join with the other Owners of said Estate, and 
because such authority cannot be conveniently obtained 
or executed by the ordinary process of law. 

Resolved, that the said William Faris shall have author- 
ity and he is hereby fully authorised and impowered to 
sell and convey all the right share and interest of his said 
dauohter Mara;arett Faris of and in the reversion of the 
real Estate of James Griffen late of Boston Merchant de- 
ceased, expectant upon the death of Sarah Badger — and 
said William may join for this purpose in the sale which 
shall be agreed on by the other Owners of said Estate. 
Provided that the said William before he exercises the 
authority hereby granted shall give bond with sufficient 
Surety to the Judge of Probate in the County of Essex, 
that the proceeds of the sale to be made by virtue hereof, 
shall be applied to the sole Use and Benefit of the said 
Minor, and shall be accounted for to the said Judge of 
Probate or his successor accordingly. January 27, 1795. 

Chapter 15. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE DIS- 
TRICT OF BETHLEHEM, AUTHORIZING THE TREASURER TO 
CREDIT SAID DISTRICT THE SUM OF £.1 19 0. 

Upon the petition of the Select Men of the District of 
Bethlehem praying that they may be discharged in tax 
No. 11, a sum set against said district for Representatives' 
pay, they being annexed to no Town and having no right 
to vote for a Representative. 

Resolved for reasons set forth in said Petitions, that the 
Treasurer of this Commonwealth, is hereby Authorized & 
directed to credit said district the sum of one pound, nine- 
teen shillings, in tax No. 11, it being the sum set against 
said district for Representatives' pay, the same to be added 
to the next tax, of the Town of Sandisfield, as part of 
their Representatives' pay. January 27, 1795. 

Chapter 16. 

RESOLVE ON THE PETITION OF DEBORAH COMOCHO, AN INDIAN 
WOMAN, EMPOWERING THE GUARDIAN OF NATICK INDIANS 
TO SELL PART OF THE REAL ESTATE MENTIONED. 

On the Petition of Deborah Comocho an Indian Woman, 
and a Creditor to the Estate of John Ephraim late of 



238 Resolves, 1794. — Januaky Session. 



Natick Deceased — praying that so much of said Ephraims 
real Estate may be sold, as will discharge the just Debts 
thereon. 

Resolved — that the Guardian of Natick Indians, be, 
and he is hereby empowered, to sell so much of said real 
Estate, by vendue or private sale, (as he shall think best,) 
as he may Judge Necessary to discharge said Debts and 
to make & execute a Good Deed or deeds to the purchaser 
or purchasers thereof. And that the said Guardian 
Account to the General Courts Committee for the expen- 
diture of the moneys arising from such sale in the same 
way and manner, as he accounts for all other moneys, 
with which he stands Chargeable as Guardian to said 
Natick Indians. January 28, 1795. 

Chapter 17. 

RESOLVE ALLOWING MIDDLESEX COUNTY TREASURER'S AC- 
COUNT AND GRANTING A TAX OF £.1720. 

Whereas the Treasurer for the County of Middlesex has 
laid his Accounts before the General Court, in manner 
prescribed by law, which Accounts are hereby allowed, 
and the Clerk of the Court of General Sessions of the 
Peace for said County, has laid before the General Court, 
an estimate made by the Court of General Sessions of the 
Peace, of the necessary charges likely to arise in said 
County the present year, amountg., to the sum of one 
thousand pounds, also that another sum of two hundred & 
twenty pounds is wanted to discharge the Accounts for 
building the Goal at Concord, also that a further sum of 
Five hundred pounds, will be necessary towards com- 
pleting the new Court house, now building at Concord : 

Hesolved {hat the sum of seventeen hundred and twenty 
pounds, be, and hereby is granted, as a tax for the said 
County of Middlesex, to be apportioned assessed, collected 
and applied in manner agreeable to law. 

January 28, 1795. 

Chapter 18. 

RESOLVE ON THE PETITION OF JEREMIAH ALLEN, SHERIFF 
OF THE COUNTY OF SUFFOLK, AUTHORIZING THE COURT 
OF GENERAL SESSIONS OF THE PEACE TO GRANT HIM 
COMPENSATION FOR HIS SERVICES. 

On the petition of Jeremiah Allen Esqr. Sheriff of the 
County of Suffolk. 



Resolves, 1794. — January Session. 239 

Resolved, that the Court of General Sessions of the peace 
in & for the County of Suffolk, be & are hereby authorised 
from time to time to grant such sums of money to the said 
Sheriff, payable out of the Treasury of the said County as 
in the discretion of the Court shall be judged reasonable 
& adequate to the services incident to that Office & peculiar 
to the County of Suffolk & for which no compensation is 
provided by law. January 28, 1795. 



Chapter 19. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT 
FOR THE COUNTY OF YORK AND GRANTING A TAX OF 
£.491 0. 

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 
the Clerk of the Court of General Sessions of the peace 
for said County, has laid before the General Court an 
estimate made by the Court of General Sessions of the 
Peace, of the necessary charges likely to arise in said 
County the present year, amounting to the sum of four 
hundred and Ninety one pounds : 

Resolved that the sum of four hundred and ninety one 
pounds, be and hereby is granted as a tax for the said 
County of York, to be apportioned, assessed, collected, 
and applied in manner, agreeable to Law. 

January 28, 1795. 



Chapter SO. 

RESOLVE REMITTING A FINE LAID ON THE TOWN OF TEWKS- 
BURY FOR NOT SENDING A REPRESENTATIVE THE LAST 
YEAR. 

Whereas the town of Tewksbury was fined in the sum of 
seventeen pounds and ten shillings for not sending a 
Representative to the General Court the last year : 

Resolved for reasons set forth in the petition of William 
Brown their agent on behalf of said town that the said fine 
be remitted ; and the town is hereby discharged from pay- 
ing the same any law or resolve to the contrary notwith- 
standing. January 28, 1795. 



240 Eesolves, 1794. — January Session. 



ANSWER OF THE HOUSE TO THE GOVERNOR'S SPEECH OF 
JANUARY 16, 1795.* 

Ordered that Mr. Sprague, Mr. Morton, Doer. Jarvis, 
Mr. Davis, and Mr. Tudor, be a Committee to wait on 
His Excellency with the following answer to his speech. 

May it please your Excellency, 

The interesting objects, which led the people of this 
Commonwealth to require the frequent assembling of the 
Legislature, will ever command our careful attention ; 
and the House of Kepresentatives in this, and every in- 
stance of their obedience to this principle of the Constitu- 
tion, are happy to listen to the addresses of their chief 
magistrate, and to attend to your Excellencys communi- 
cations. 

Convinced that the wisest civil and political institutions, 
like every other work of man, are liable to error, and to 
imperfection, it shall be our steady purpose to correct, 
strengthen, and confirm the laws, and to make such new 
provisions as the common good may require. Having no 
interest to mislead, we shall aim at perspicuity and pre- 
cision in the enacting of laws ; and while the ordinary 
business of Legislation arrests our attention, we shall 
never be unmindful of the careful education of youth, or 
the cultivation of those principles and habits civil and 
religious, which form the only sure basis of individual 
and political happiness. 

That our seperate solemn engagements to support the 
Constitution of the United States, and the Constitution 
of this Commonwealth are clearly reconcileable, we pre- 
sume no reasonable man will deny. The rights and duties 
resultinof from those engagements it is our interest to 
dis[c]ern, and our happiness to persue. 

The organization of both Governments is but a partition 
of sovereignty derived from the people, the more effect- 
ually to promote and to secure their political welfare, and 
we are persuaded that both may long continue to move 
with harmony in the exercise of that moderation and sound 
discretion which are amons: the o;enuine traits of the re- 
publican character. 

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



Kesolves, 1794. — January Session. 241 

In a representative Republic nothing can be more inter- 
esting than the purity and freedom of elections. l[f] any 
additional provisions liave become necessary to cherisli, 
protect or preserve that purity or freedom, your Excel- 
Jency may be assured, that to that object we shall direct 
our serious deliberations. 

While led by your Excellency to contemplate the deso- 
lating contest by which Europe is bathed in blood, we 
are happy that we have been preserved in peace ; and 
rejoice in those events, by which the arm of violence has 
been restrained, and the combinations formed against the 
rights of Nations and of men have been baffled & disgraced. 

We are pleased with the assurance, that the business of 
fortifying certain harbors in this Commonwealth, is not so 
immediately interesting as it formerly appeared. We 
shall consider your Excellency's observations upon that 
subject, and shall be ready to concur in any measure in 
which our interference shall appear to us to be necessary. 

The vigilance and firmness of the American people, we 
confidently hope will ever enable them to defeat any at- 
tempts against their general or local Constitutions. In 
this hope we are confirmed by the success which has 
attended the exertions of Government, against the wanton 
and daring insurrection in a sister State, upon which your 
Excellency has so justly animadverted. This outrage 
against the laws is the second, and we trust in God, will 
be the last which we shall ever have reason to lament. 
It indeed could only have arisen from a confusion of ideas 
respecting the nature of that liberty which is founded on 
a perfect equality of our rights, whether natural or social, 
that any individuals should resort to force as a remedy for 
a political grievance which alone in a free Country, can, 
or ought to be redressed by the will & reason of [of] all. 

With the sincerest satisfaction we meet your Excel- 
lency's congratulations upon the success which has at- 
tended the arms of the United States against the hostile 
Indians — and we indulge a hope, that this event may 
produce a more favorable attention to those humane and 
friendly principles, by which we are persuaded the United 
States are disposed to be governed. 

In determining relative to the issuing of precepts for 
collecting the sentiments of the people, concerning the 
revision of the Constitution of this Commonwealth we shall 
examine that article which provides for the proposed revi- 



242 Resolves, 1794. — January Session, 

sion, with all that carefuhiess which constitutional question 
demands. 

To any communications which your Excellency may be 
pleased to make, we shall duly attend ; and are persuaded 
of your Excellency's careful revision, and ready approba- 
tion of such bills and resolves as may be calculated for the 
public good. January 29, 1795. 



Chapter 21. 

RESOLVE REMITTING THE TOWN OF ROWE, £.29 4— BEING THE 
SILVER MONEY TAX, GRANTED IN 1780, AND ONE OTHER TAX, 
GRANTED IN 1782, THE SUM OF £.105 16. 

Whereas Archibald Thomas and others a Committee of 
the Town of Rowe, have })etitioned this Court for an 
abatement of the silver money Tax granted in the year 
1780 — and one other Tax granted in 1782 for the reasons 
set forth in their petition : 

Resolved, That the Treasurer of this Commonwealth be, 
and he is hereby impowed. & directed to remit the said 
Town of Rowe the sum of Twent}^ nine pounds four shil- 
lings being the silver money Tax (so called) set upon the 
Plantation of Merryfeild in the year of our Lord one 
Thousand seven hundred and eighty ; and also the sum 
of One hundred and five pounds sixteen shillings and 
eight pence, being the amount of a Tax set upon said 
Plantation, in the year of our Lord one thousand seven 
hundred and eighty two in full of sd. Taxes. 

January 29, 1795. 



Chapter 23. 

RESOLVE ON THE PETITION OF ALEXANDER HODGSDON, LATE 
TREASURER, GRANTING HIM £.700, FOR THE YEARS 1787 AND 
1789. 

On the Petition of Alexander Hodgsdon Esq. late Treas- 
urer of this Commonwealth. 

Resolved that there be granted & allow'd the said Alexr. 
Hodgsdon in the Settlement of his Account the Sum of 
Seven Hundred Pounds in full satisfaction for his Salary 
and Services for two years from the 27th Day of April 
1787 to ye 27th of April 1789 he having never before had 
any Grant or Allowance therefor. January 29, 1 795. 



Resolves, 1794. — January Session. 243 



Chapter 23. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR 
THE COUNTY OF WORCESTER AND GRANTING A TAX OF 
£.787 10. 

Whereas the Treasurer for the County of Worcester, 
has hiid his Accounts before the General Court, in manner 
prescribed by law, which Accounts are hereby allowed — 
and the Clerk of the Court of General Sessions of the 
peace for said County, has laid before the General Court ; 
an estimate made by the Court of General Sessions of 
the peace, of the necessary charges likely to arise in said 
County the present year, amounting to the sum of Seven 
hundred and eighty seven pounds ten shillings : 

Resolved, that the sum of Seven hundred and eighty 
seven pounds ten shillings, be, and hereby is granted, as 
a tax for the said County of Worcester, to be apportioned, 
assessed, collected and applied in manner agreeable to 
Law. January 29, 1795. 

Chapter 34. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR 
THE COUNTY OF ESSEX AND GRANTING A TAX OF £.1000. 

Whereas the Treasurer for the County of Essex, has 
laid his Accounts before the General Court, in manner 
prescribed by law, which accounts are hereby allowed ; 
and the Clerk of the Court of General Sessions of the 
peace for said County, has laid before the General Court ; 
an estimate made by the Court of General Sessions of the 
Peace, of the necessary charges likely to arise in said 
County the present year amounting to the sum of one 
thousand pounds : 

Resolved that the sum of One thousand pounds, be, and 
hereby is granted, as a tax for the said County of Essex, 
to be apportioned, assessed, collected and applied, in 
manner agreeable to Law. January 29, 1795. 

Chapter 25. 

RESOLVE ON THE PETITION OF LEVI SHEPHARD, DIRECTING 
THE TREASURER TO ISSUE A NEW NOTE IN LIEU OF ONE 
FOUND TO BE ALTERED. 

On the Petition of Levi Shephard praying that the Treas- 
urer may be Directed to Issue a new Note in his favour in 



244 Resolves, 1794. — January Session. 

lieu of one that he purchased of one William Negers 
which being presented to the Treasurer for payment of 
the Interest was found to be altered. 

Resolved that the Prayer of Said Petition be so far 
granted that the Treasurer of this Commonwealth be and 
is hereby Directed to Issue a new Note in favour of Said 
Shephard for the Sum of Nineteen Pounds Eighteen Shil- 
lings and five pence payable with Interest from the first 
Day of January 1784. January 29, 1795. 

Chapter 36. 

RESOLVE ON PETITION OF CAPT. EBENEZER KENT, GRANTING 

HIM £.15. 

On the Petition of Ebenezer Kent praying he may be 
paid his expences in Building a Gun House in the Town 
of Watertown. 

Resolved that the prayer of the Petition be granted 
that there be paid out of the Treasurey of this Common- 
wealth to Ebenezer Kent the sum of fifteen pounds in full 
for his Expences in building said House. 

January 30, 1795. 

Chapter 37. 

RESOLVE ON THE PETITION OF THE HON. FRANCIS DANA, ESQ. 
EXECUTOR TO THE LATE HON. EDMUND TROWBRIDGE, ESQ. 
GRANTING HIM £.312 10. 

On the Petition of the Honble. Francis Dana Esqr. 
Executor of the last Will and Testament of the late 
Honble. Edmund Trowbridge Esqr. deceas'd praying for 
the Allowance and Payment of one Year and one Quarter 
of a Years Salary Due to the deceas'd for his service as 
one of the Judges of the late Superior Court of Judicature 
&c. in this Commonwealth. 

Resolved that the Prayer of said Petition be Granted 
and that there be Allowed and Paid out of the Treasury 
of this Commonwealth to the said Francis Dana Executor 
as aforesaid the sum of three Hundred & twelve Pounds 
ten shillings in full for the Servises of the said late Edmund 
Trowbridge deceas'd as Judge as aforesaid for the space 
of one Year and a quarter of a Year from the first day of 
January in the Year of our Lord One Thousand Seven 
Hundred and Seventy four to the first day of April in the 
year one thousand seven hundred and seventy five. 

January 30, 1 795. 



Resolves, 1794. — January Session. 245 



Chapter 28. 

RESOLVE ON THE PETITION Ob' HENRY HODGE, SAMUEL 
NICHOLS AND JOHN McCOWN, EXECUTORS TO THE LAST 
WILL OF ROBERT HODGE, LATE OF NEWCASTLE, IN THE 
COUNTY OF LINCOLN, DECEASED, AUTHORIZING HENRY 
HODGE TO GIVE A GOOD DEED OF THE SALT MARSH MEN- 
TIONED. 

On the Petition of Henry Hodge Samuel Nichols & John 
McCown executors to the last will & testament of Robert 
Hodge late of New Castle in the County of Lincoln deceased 
praying to be impowered to convey by deed between three 
& four acres of salt marsh & flats, to Joseph Carlton of 
Pownalborough in said County, which sd. deceased while 
in full life sold to the said Joseph Carlton for the sum of 
fifteen pounds -— & gave him the possession thereof, but 
neglected giving him a deed or any other conveyance 
under his hand & seal of the same. 

Resolved for reasons set forth in said petition that Henry 
Hodge one of the Executors on the last will & testament 
of Robert Hodge late of Newcastle in the County of Lin- 
coln deed, be and he hereby is fully authorized & im- 
powered to give and execute a good & sufficient deed to 
Joseph Carlton of Pownalboro in said County of about 
three or four acres of salt marsh & flats that said Robert 
while in full life sold to the said Joseph & gave him posses- 
sion of but neglected giving him a deed or any other con- 
veyance of the same before his decease. 

January 30, 1795. 

Chapter 39. 

RESOLVE ON THE PETITION OF TIMOTHY BROOKS, DIRECTING 
THE TREASURER TO RECEIVE THE SUM MENTIONED ON THE 
NEW LOAN. 

On the Petition of Timothy Brooks praying to be in- 
demnified against the Defect of a State Note which he 
received of the late Treasurer Ivers & which was issued 
by said Treasurer without his Signature. 

Resolved, That the Treasurer of this Commonwealth be 
authorized & directed to receive of said Brooks the above 
mentioned Note amounting to the Sum of Six Pounds 
seventeen shillings, on the new Loan agreable to the Act 
providing for the Debt of this Commonwealth any Defect 
in said Note, to the contrary notwithstanding. 

Jamiary 31, 1795. 



246 Kesolves, 1794. — January Session. 



Chapter 30. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNT FOR 
THE COUNTY OF HAMPSHIRE AND GRANTING A TAX OF 

£.700. 

Whereas the Treasurer of the County of Hampshire, 
has laid liis Accounts before the General Court, which 
are hereby allowed — and the Clerk of the Court of Gen- 
eral Sessions of the peace for said County, has laid before 
the General Court, an estimate made by said Court of 
General Sessions of the Peace, of the necessary charges 
likely to arise in said County, the present year, amount- 
ing to the sum of Seven hundred pounds : 

Resolved, that the sum of Seven hundred pounds be, 
and hereby is granted as a tax for said County of Hamp- 
shire, to be apportioned, assessed collected and applied in 
manner agreeable to Law. January 31, 1795. 

Chapter 30a.* 

ORDER ON THE PETITION [OF THE INHABITANTS OF THE TOWN 
OF WILBRAHAM. 

On the Petition of a number of the Inhabitants of the 
Town of Wilbraham praying to be Incorporated into a 
Separate parish by the name of the Methodist parish in 
Wilbraham. 

Ordered that the petitioners notify the Inhabitants of 
the Several parishes in said Town, by leaving an attested 
Copy of their petition with this Order thereon with their 
respective Parish Clerks, Thirty Days at least before the 
second Wednesday of the first Session of the next General 
Court, that they may then appear and shew cause if any 
they have why the prayer of said Petition should not be 
granted. Jayiuary 31, 1795. 

Chapter 31. 

RESOLVE ON THE PETITION OF EBENEZAR HEARD AND JOHN 
SCATES, JUN. DIRECTING THE DEPUTY SHERIFF FOR THE 
COUNTY OF YORK TO DISCHARGE THE SAID PETITIONERS ; 
WITH A PROVISO, 

On the petition of Ebenezar Heard & John Scates Junr. 
praying for a remission of the penalties which have ac- 

* Not printed la previous editions. 



Resolves, 1794. — January Session. 247 

crued upon the forfeiture of several recognizances as set 
forth in their petition. 

Resolved that the prayer of the petition of Ebenezar 
Heard and John Scates Junr. be so far granted, as that Mark 
Lord a Deputy Sherifi* for the County of York to whom 
were committed the several executions which have issued 
on the Judgments that have been rendered upon the sev- 
eral Writs oi scire facias mentioned in the said petition be 
& hereby is ordered and directed to discharge the said })eti- 
tioners from said executions, provided the said petitioners 
give their joint bond for the several penalties therein men- 
tioned to the Treasurer of the Commonwealth payable in 
one year, and pay all the legal Costs which have arisen in 
the actions upon the said Writs oi scire facias, which have 
been prosecuted for the recovery of the said forfeitures. 

February 2, 1795. 

Chapter 33. 

RESOLVE ON THE PETITION OF PELEG WILLARD, DIRECTING 
THE iTREASURER TO ISSUE NEW NOTES IN LIEU OF THOSE 
FORGED. 

On the petition of Peleg Willard a soldier in the late 
CJolo. Vose's Regiment. 

Resolved that the prayer thereof be granted and the 
Treasurer is hereby directed to Issue his note or notes to 
the said Peleg Willard in the same way and manner as has 
been practised in paying other soldiers for similar ser- 
vices — his wages having been drawn by a forged order 
notwithstanding. Fehrxiary 2, 1795. 

Chapter 32a.* 

ORDER ON THE PETITION OF SIMON ELLIOT AND OTHERS. 

On the petition of Simon Elliot and others. 

Ordered that the petitioners notify the inhabitants of 
the town of Dedham to appear on the second Wednesday 
of the first session of the next General Court, to make 
answer to said petition, by causing an attested copy of 
said petition & this order thereon to be left with the 
town Clerk or one of the Selectmen of said town, thirty 
■days at least previous to said day. February 2, 1795. 

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



248 Resolves, 1794. — January Session. 



Chapter 33. 

RESOLVE GRANTING £.18 TO ISAAC PEIRCE, MESSENGER TO THE 
GOVERNOR AND COUNCIL, TO PURCHASE FUEL AND OTHER 
NECESSARIES. 

Resolved, that there be allowed & paid out of the Treas- 
ury of this Commonwealth to Isaac Peirce Messenger to 
the Governor and Council, the sura of Eighteen pounds, 
to enable him to purchase fuel & other necessary articles 
for the Council Chamber & Secretary's Office — he to be 
accountable for the same. February 2, 1795. 



Chapter 34. 

RESOLVE ON THE PETITION OF SALMON HOUGHTON, EMPOWER- 
ING THE JUDGE OF PROBATE OF WORCESTER CO. TO ALLOW 
FURTHER TIME FOR EXAMINING THE CLAIMS OF THE ES- 
TATE OF EZRA HOUGHTON, DECEASED. 

On the Petition of Salmon Houghton Administrator 
on the Estate of Ezra Hous^hton late of Sterlins; in the 
County of Worcester deceased. 

Resolved that the Judge of Probate for the County of 
Worcester be & he hereby is impowerd (if he shall think 
it Necessary for the furtherance of Justice) to allow three 
Months further time for examining the Claims on the said 
estate, and on his so doing, the former proceedings of the 
Commissioners are to be considerd as open to the correc- 
tion of any Errors. February 5, 1795. 

Chapter 35. 

RESOLVE ON THE PETITION OF GILES JACKSON, AGENT FOR THE 
TOWN OF TYRINGHAM, REMITTING A FINE LAID ON SAID 
TOWN FOR NOT SENDING A REPRESENTATIVE IN THE YEAR 

1793. 

On the Petition of Giles Jackson agent for the Town 
of Tyringham Pra3ang for the abatement of a fine. 

Resolved for reasons Set forth in Said Petition that the 
said fine be and hereby is remitted and abated and that 
the Treasurer of this Commonwealth be and he is hereby 
directed to credit the Said Town of Tyringham the Sum 
of twenty five Pounds which was Set on them as a fine for 
not Sending a Representative to the Generall Court in the 
year 1793. February 3, 1795. 



Resolves, 1794. — January Session. 249 



Chapter 36. 

RESOLVE ON THE PETITION OF EBENEZAR WIGHT, DIRECTING 
THE TREASURER TO RECEIVE A NOTE ISSUED TO WILLIAM 
GLEASON. 

On the petition of Ebenezar Wight praying that he 
may receive the benefit of a note issued from the Treasury 
of this Commonwealth, without the signature of the 
Treasurer. 

Resolved that the Treasurer of this Commonwealth be 
directed to receive a note issued to William Gleason for 
the sum of Four Pounds, six shillings, (which note is 
without the signature of the Treasurer) in the loan opened 
by an act for providing for the debt of this Common- 
wealth, the said defect to the contrary notwithstanding. 

February 3, 1795. 

Chapter 37. 

RESOLVE ON THE PETITION OF ICHABOD BUTLER. 

On the Petition of Ichabod Butler. 

For Reasons set forth in sd. Petition. Resolved that 
the Treasurer of the Commonwealth be, and he hereby is 
directed to Credit the sd. Ichabod Butler on Tax No. 5 
the amount of the payments of seventeen pounds two 
Shillings in Specie Eighteen pounds four Shillings in 
Army Notes and thirteen pounds four Shillings in indents 
on his delivering Johnson Moulton Esqr's. (late Sheriff 
of the County of York) Receipt, for the sums aforesaid 
and the Treasurer is directed thereupon to charge the said 
Sheriff for the payment aforesd. February 3, 1795. 

Chapter 37a.* 

ORDER ON THE PETITION OF GEORGE SHEPARD AND OTHERS. 

On the petition of George Shepard & others. 

Ordered that the petition [ers] notify the towns men- 
tioned in their petition, by leaving an attested copy thereof, 
and this order thereon, with the respective Clerks of said 
towns, thirty days previous to the third Wednesday of 
the first session of the next 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. 

February 4, 1795. 

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



250 Resolves, 1794. — January Session. 



Chapter 39.* 

RESOLVE ON THE PETITION OF JOSEPH LAUGHTON, GRANTING 
Is. PER DAY, IN ADDITION, FROM 2d OF JULY, 1792. 

On the Petition of Joseph Laughton, first Clerk in the 
Treasurer's Office, praying for an extra allowance. 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth, to the said Joseph 
Laughton, one Shilling per Day, in addition to his pres- 
ent pay, from the second day of July 1792 making twelve 
pr. day from the period last mentioned. 

February 5, 1795. 

Chapter 39A.t 

ORDER ON THE PETITION OF JOHN MOLLOY AND OTHERS. 

On the petition of John Molloy & others. 

Ordered that John INIolloy notify all whom it may con- 
cern, by advertising in the Eastern Star an attested copy 
of his petition, wdth this order thereon, three weeks suc- 
cessively within the month of April next, to shew cause, 
if any they have, on the second Wednesday of the first 
Session of the next General Court, why the prayer of his 
petition should not be granted. February 5, 1795. 

Chapter 40, 

RESOLVE ON THE PETITION OF CYREL WHITAKER, DIRECTING 
THE SECRETARY TO CERTIFY THE BALANCE DUE, 

On the petition of Cyrel Whitaker Administrator on the 
Estate of Joseph Whitaker. 

Resolved, that John Avery junr. Secretary of the Com- 
monwealth Certify to the Governour & Council the pay or 
arrears of pay due to the said Joseph Whitaker, late a 
Bombadier in Colo. Crane's Regiment of Artillery. And 
the Treasurer on recieving a warrant therefor, is directed 
to issue his note or notes to the said Cyrel Whitaker Ad- 
ministrator as aforesaid in the .same wa}^ & manner as has 
been practised in paying other Soldiers for similar services. 

February 5, 1 795. 

* No chapter 38, 

t Not printed in previous editions, Talien from court record. 



Kesolves, 1794. — January Session. 251 



Chapter 41. 

RESOLVE ON THE PETITION OF WILLIAM LITTLE, IN BEHALF 
OF SAMUEL DELING AND BENJAMIN TUCKER, DIRECTING THE 
SECRETARY TO CERTIFY THE BALANCE. 

On the petition of William Little of Boston in behalf 
of Saamel Deling and Benjamin Tucker as their Attor- 
ney. 

liesolved, That John Avery junr. Esq. Secretary of the 
Commonwealth Certify to the Governoiir & Council the 
pay or arrears of pay due to the said Samuel Deling and 
Benjamin Tucker Soldiers in the (formerly Brewer's) 
afterward Colo. Sprouts Regiment. And the Treasurer 
on recieving a warrant therefor is directed to issue his 
note or notes to the said Samuel Deling and Benjamin 
Tucker in the same way & manner as has been practiced 
in paying Soldiers for Similar Services. 

February 5, 1795. 

Chapter 43. 

RESOLVE ON THE PETITION OF RALPH WHEELOCK AND OTHERS, 
INHABITANTS OF THE TOWNS OF PARTRIDGEFIELD AND 
DALTON. 

On the Petition of Ralph Wheelock and others Inhab- 
itants of the Towns of Patridgefield & Dalton praying 
for a Committee at the Expence of the Petitioners to re- 
pair to the said Towns and View their Situation and 
Report whether it would be for the Benefit of the Peti- 
tioners and all Concerned to be Incorporated into a Town 
or Parish. 

liesolved for Reasons set forth In said Petition that 
John Bacon Nathl. Bishop & Saml. Taylor Esqrs. be a 
Committee to Repair to the said Towns of Patridgefield & 
Dalton for the purposes above mentioned, who are di- 
rected to cause the Selectmen or Clerk of the said Towns 
respectively to be served with an attested Copy of this 
Resolve & the petition to which it refers, & also with 
notice of the time c^ place of their meeting, twenty days 
at least before the time of such meeting, and make report 
at the first Session of the Next General Court. 

February 5, 1795. 



252 Resolves, 1794. — January Session. 



Chapter 43. 

RESOLVE ON THE PETITION OF DAVID POOR, DIRECTING THE 
SECRETARY TO CERTIFY THE BALANCE. 

On the petition of David Poor. 

Resolved, That John Avery junr. Esq. Secretary of the 
Commonwealth Certify to the Governour & Council the 
pay or arrears of pay due to the said David Poor late 
lieut. in Colo. Hutchinsons Regiment. And the Treas- 
urer on receiving a warrant therefor is directed to issue 
his note or notes to the said David Poor in the same way 
and manner as have been practiced in paying other 
Officers for similar services. February 5, 1795. 

Chapter 44. 

RESOLVE ON THE PETITION OF SAMUEL BUCK, DIRECTING THE 
SECRETARY TO CERTIFY THE BALANCE. 

On the petition of Samuel Buck. 

Resolved, That John Avery junr. Esqr. Secretary of 
the Commonwealth Certify to the Governour & Council 
the pay or arrears of pay due to the said Samuel Buck 
late a drummer in Colo. Wessons Regt. and the Treasurer 
on receiving a Warrant therefor is directed to issue his 
note or notes to the said Samuel Buck in the same way 
and manner as have been practiced in paying other 
Soldiers for similar services. February 5, 1793. 

Chapter 45. 

RESOLVE ON THE PETITION OF BENJAMIN HEYWOOD, SAMUEL 
ARMSTRONG AND NATHANIEL COIT ALLEN, LATE AGENTS OF 
THE 6TH, 8TH AND lOTH REGIMENTS, GRANTING THEM £.80 TO 
EACH, FOR THEIR SERVICES. 

On the Petition of Benjamin Heywood late Agent of 
the Sixth Massachusetts Regiment, Samuel Armstrong 
late Agent of the Eiohth Massachusetts Regiment, Nathan- 
iel Coit Allen late Agent of the Tenth Massachusetts Regi- 
ment all of the late Continental Army, praying for a 
further compensation for Services as Agents. 

Resolved, for Reasons set forth in their respective 
Petitions that there be Allowed and paid out of the 
Treasurry of this Commonwealth, to Benjamin Heywood, 
Samuel Armstrong and Nathaniel Coit Allen, (to each of 



Resolves, 1794. — January Session. 253 

them) the Sum of eighty Pounds Lawful Money which with 
the Sum of one hundred and twenty pounds, heretofore 
Severally Received by the Said Petitioners shall be con- 
sidered as a full compensation for their Respective 
Services as Agents aforesaid. February 5, 1795. 

Chapter 46. 

RESOLVE ON THE PETITION OF THOMAS HOSLEY AND JONATHAN 

HOSLEY. 

On the petition of Thos. Hosley & Jonathan Hosley. 

Besolved that the prayer of said petition be so far 
granted, that the said petitioners be, & they hereby are 
discharged from the sum due on the execution issued 
against them in consequence of the forfeiture of their 
recognizance, for the appearance of Isaiah Hosley at the 
Supreme Court holden at Northampton in the County of 
Hampshire in April 1789 on their the said Thos. & Jona. 
paying all costs that have arisen in consequence of the 
forfeiture aforesaid ; And the Sheriff of said County is 
directed to govern himself accordingly. 

February 5, 1795. 

Chapter 47. 

RESOLVE ON THE REPORT OF JOHN DEMING, ESQ. ON THE AC- 
COUNTS OF WILLIAM SALISBURY, THAT THERE APPEARS 
NOTHING DUE TO HIM. 

On the report of John Deming Esq. upon the accounts 
of William Salisbury respecting supplies at Castle Island. 

Resolved^ that it doth not appear that anything is now 
due, either from the Commonwealth to the said Salisbury, 
or from the said Salisbury to the Commonwealth, on ac- 
count of said supplies. February 6, 1795. 

Chapter 48. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF HANOVER, AUTHORIZING THE COMMITTEE TO EXAMINE 
THE ACCOUNT FOR THE SUPPORT OF SAMUEL 3IING0. 

On the petition of the Selectmen of the Town of 
Hanover, praying compensation for the support of Samuel 
Mingo. 

Resolved, that the Committee on public accts. be and 
hereby are authorized and empowered to examine the 



254 Resolves, 1794. — Januaky Session. 

Account for the support of said Mingo, and to allow the 
whole or such part thereof as shall appear to them just 
and reasonable. February 6, 1795. 

Chapter 49. 

RESOLVE ON THE PETITION OF HANNAH BURTON, ADMINISTRA- 
TRIX ON THE ESTATE OF CALEB BURTON, LATE OF CHESHIRE, 
AND GUARDIAN TO HIS CHILDREN, EMPOWERING HER TO 
SELL THE RIGHT MENTIONED. 

On the Petition of Hannah Burton Administratrix on the 
Estate of Caleb Burton late of Cheshire in the County of 
Berkshire & Guardian of his children praying for leave to 
sell & dispose of the right which the said children as his 
heirs have in the Reversion of a real estate lying in said 
Cheshire of which said Caleb died seized. 

Resolved that the prayer of the said Petition be granted 
& that the said Hannah be & she hereby is authorized 
and impowered to sell & dispose of the Right which the 
Children of the sd. Caleb have in said Estate consisting of 
an old house & lot of land containing about sixteen acres, 
She giving Bonds to the Judge of Probate for sd. County 
with sufficient sureties to apply the proceeds arising there- 
from, to the use of said Heirs, as Guardians are required 
by Law to do, respecting the sale of real Estates of de- 
ceased persons. February 6, 1795. 

Chapter 50. 

RESOLVE ON THE PETITION OF DANIEL SMALL, DIRECTING THE 
TREASURER TO ISSUE A NOTE TO THE VALUE OF THE SUM 
MENTIONED; AND THE ATTORNEY GENERAL DIRECTED IN 
THIS CASE. 

On the petition of Daniel Small of Limington praying 
that he may be allowed and paid the sum of six pounds 
thirteen shillings and four pence — which sum having been 
drawn out of the Treasury by Capt. Joseph McLellan by 
an order given him by Daniel Small of Gray, who it ap- 
pears had no wages due. 

Resolved that the Treasurer of this Commonwealth be 
and he hereby is directed to Issue to the said Daniel Small 
of Limington a note to the Value of six pounds thirteen 
shillings and four pence with Interest in lieu of his wages, 
drawn as aforesaid — and the attorney General is hereby 
directed to call on the said Joseph McLellan to })ay the 
sum so drawn into the Treasury of this Commonwealth. 

February 6, 1795. 



Resolves, 1794. — Jan^uart Session. 255 

Chapter 50a.* 

ORDER ON THE PETITION OF ASHER RICE. 

On the petition of Asher Rice praying for a rehearing 
of an action brought against him by the widow Hannah 
Gilbert, and Daniel Gilbert Administrators on the estate 
of Joseph Gilbert of Brookfield deceased. 

Ordered for reasons set forth in said petition, that the 
petitioner serve the said Hannah Gilbert and Daniel Gil- 
bert wnth an attested copy of his said petition and this 
order thereon, thirty days previous to the second Wednes- 
day of the first session of the next 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 6, 1795. 

Chapter 51. 

RESOLVE ON THE PETITION OF SILAS WILD, DIRECTING THE 
TREASURER TO ISSUE A NOTE TO HIM TO THE AMOUNT OF 
THE NOTE LOST; SAID WILD GIVING BONDS TO INDEMNIFY 
THE COMMONWEALTH AGAINST THE NOTE SAID TO BE LOST. 

On the Petition of Silas Wild seting forth that he was 
in possession of a State Note signed by the Treasurer of 
this Commonwealth for the sum of Sixteen pounds five 
shillings & seven pence, being No. 9722 dated August 
1782, and that he lost the same on his passage by water 
from Braintree to Hull, and praying for relief. 

Resolved that the Treasurer of the Commonwealth be 
and hereby is directed to Issue a Note to the said Silas 
W^ild, conformable to the Act providing for the public 
debt, for the amount of the Note said to be lost & for 
the Interest due thereon to the first day of July last, the 
said Wild first giving Bonds with sureties sufficient in 
the opinion of the Treasurer to indemnify the Common- 
wealth against the Note said to be lost. February 6, 1795. 

Chapter 53. 

RESOLVE ON THE REPORT OF ALEXANDER CAMPBELL AND 
OTHERS, A COMMITTEE IN BEHALF OF THIS COMMONWEALTH, 
TO NEGOCIATE AND SETTLE ANY MISUNDERSTANDING OR 
DIFFERENCES WITH THE PASSAMAQUADY INDIANS AND 
THOSE OF THE OTHER TRIBES CONNECTED WITH THEM. 

Whereas by a resolve of the General Court passed on 
the twenty sixth day of June last, Alexander Campbell, 

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



256 Resolves, 1794. — January Session. 

John Allen and George Stillman, were appointed a Com- 
mittee in behalf of this Commonwealth to negociate and 
settle any misunderstanding, dispute, or differences which 
may subsist between this Commonwealth and the Passa- 
maquady Indians, and those of other Tribes connected with 
them ; with full powers and authority to lay out and assign 
to the said Indians any tract of unlocated land belonging 
to this Commonwealth in the County of Washington, not 
exceeding Ten thousand acres ; and also to purchase any 
particular spot of Ground or tract of land for the use and 
convenience of said Indians ; provided however^ that such 
purchase shall not exceed the sum of five hundred pounds. 
And whereas the said Committee have exhibited to the 
General Court in their present Session, an agreement made 
and signed on the twenty ninth day of September last, by 
and between them in behalf of this Commonwealth and 
the Chiefs of the Passamaquady Tribe of Indians, and 
others connected with them ; which agreement is in the 
words following, to wit : 

To all People to ivliom this Present agreement Shall he 
made known, 

we Alexander Campbell, John Allan, & George 
Stillman Esquires a Committee appointed and Authorised 
by the General Court of the Commonwealth of Massachu- 
setts, To Treat with and assign Certain lands to the Pas- 
samaquaddy Indians and Others Connected with them 
agreeable to a Resolve of Said General Court of ye 
Twenty sixth of June in the year of our Lord one thou- 
sand Seven hundred & ninety four of the one part and the 
Subscribing Chiefs & Others For Themselves and in be- 
half of the said Passamaquady Tribe & Others Connected 
with them of the Other part, ^vitnesseth, that the said 
Committee In behalf of the Commonwealth aforesaid and 
In Consideration of the said Indians Relinquishing all 
their Right Title Interest Claim or demand of any land or 
Lands lying and being within the said Commonwealth of 
Massachusetts and also engageing to be Peaceable & 
Quiet Inhabitants of Said Commonwealth without Mollest- 
ing any Other of the settlers of the Commonwealth afore- 
said in any way or means whatever. In Consideration of 
all which, the Committee aforesaid for and in behalf of 
the Comm : — wealth aforesaid do hereby assign [s] and Set 



Resolves, 1794. — January Session. 257 

of [y] to the aforesaid Indians the Following Tracts or 
Parcels of land lying & being within the Commonwealth 
of Massachusetts Vizt. all those Islands lying and being in 
Schoodic River between The foils at the head of the Tide 
and the falls below the Forks of said Eiver where the 
north Branch and West Branch parts being fifteen in 
number Containing one hundred Acres more or less, also 
Township No. two in the first Kange Surveyed by Mr. 
Samuel Titcomb in the year of our Lord one thousand 
seven hundred & ninety four Containing about twenty 
three thousand Acres more or less being bounded as fol- 
lows Easterly by Tomers River & Township No. one First 
Range Northerly by Township No. two Second Range 
Westerly by township No. three first Range, Southerly by 
the West Branch of Schoodic River & Lake, also Lues 
Island lying in Front of said Township Containing Ten 
Acres more or less Together with one hundred Acres of 
land lying on Nemcass point adjoining the West side of 
Said Township also Pine Island lying to the westward 
of said Nemcass Point Containing one hundred & fifty 
acres more or less also assign & Set of [/"] to John Baptist 
Lacote a French Gentleman Now Settled among the said 
Indians one hundred Acres of Land as a Settler in Town- 
ship No. one first Range lying at the falls at the Carrying 
Place on the North Branch of Schoodic River to be Intitled 
to have said land laid out to him in the same manner as 
Settlers in New Townships are Intitled, also assign to said 
Indians the privilege of Fishing on Both Branches of the 
River Schoodic without Hindrance or Molestation and the 
privilege of passing the said River over the deferent 
Carrying places theron all which Islands, Township, 
Tracts or parcels of Land and privileges being marked 
with a Cross Thus ><| on the Plan taken by Mr. Samuel 
Titcomb with the Reservation of all Pine Trees fit for 
Masts on said Tracts of land to Government they making 
said Indians a Reasonable Compensation therefor also 
assign & Set of {/] to the Said Indians Ten Acres of land 
more or less at Pleasant point purchased by said Commit- 
tee In behalf of said Commonwea[?]th of John Frost being- 
bounded as follows Vizi, begining at a stake to the east- 
ward of the dwelling house & Runing North twenty five 
degrees west fifty four Rods from thence Runing North 
fifty six degrees Eiist thirty eight Rods to the Bay from 
thence by the shore to the first Bounds also a Privilege 



258 Eesolves, 1794. — January Session. 

of Sitting down at the Carrying Place at West Passama- 
quady between the Bay of West Quady and the Bay of 
Fundy to Contain fifty acres the Said Islands Tracts of 
land, & Privileges to be Confirmed by the Commonwealth 
of Massachusetts to the said Indians & their Heirs Forever. 
In Testimony of all which we the Said Alexander 
Campbell John Allan and George Stillman the Com- 
mittee aforesaid and In behalf of the Commonwealth 
aforesaid, and the Chiefs & Other Indians aforesaid In 
behalf of themselves and those Connected with them as 
aforesaid Have hereunto Set our hands and Seals at Pas- 
samaquady the Twenty Ninth Day of September in the 
Year of our Lord one thousand seven Hundred & Ninety 
Four. 

ALEX. CAMPBELL, 

J. ALLAN, 

GEORGE STILLMAN. 

Signed Sealed ) Samuel Titcomb, 
in Presence of 5 Jno. Frost, Junr. 

his 

FEANCIS JOSEPH M NEPTUNE, (l. s. 

mark, 
his 

JOHN ><! NEPTUNE, (l. s. 

7nark. 
his 

PIER ><! NEPTUNE, (l. s. 

7nark. 
his 

JOSEPH M NEPTUNE, (l. s. 

mark, 
his 

PIER M DENNY, (l. s. 

mark, 
his 

JONALE y, DENNY, (l. s. 

mark, 
his 

JOSEPH M TOMAS, (l. s. 

tnark. 

Be it therefore Resolved, That the said Agreement be, 
and it hereby is, ratified and confirmed on the part of this 
Commonwealth ; And that there be allowed and paid out 
of the Treasury of this Commonwealth, to the said Com- 
mittee, the sum of Two hundred pounds, being the con- 



Resolves, 1794. — Januauy Session. 259 



sideration paid to the above named John Frost for a Tract 
of land on Pleasant Point, purchased by the said Com- 
mittee, ten acres of which, more or less as described in 
the before recited agreement is hereby appropriated for 
the accomodation of the said Indians, said sum to be 
paid to the said Committee on their depositing in the 
Secretary's office a deed from the said John Frost, of the 
said Tract of land on Pleasant Point, duly executed, and 
acknowledged. 

And whereas there now remains for the disposition of 
Government, ninety acres, more or less, of the above- 
mentioned lot of land on Pleasant point, 

Resolved, that the Treasurer of this Commonwealth be, 
and he is hereby authorized and impowered to lease the 
said remaining ninety acres for one year, or for a term of 
years, in such manner, and on such considerations as he 
may judge will be most for the advantage of the Com- 
monwealth. February 10, 1795. 

Chapter 53a.* 

RESOLVE ON THE PETITION OF EBENEZER BANCROFT. 

On the petition of Ebenezer Bancroft. 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth to the Proprietors of the 
Plantation of Butterfield Seventeen pounds for State taxes 
that have been Collected of them. And the Costs arising 
on the Said Collection, it appearing that the Said Planta- 
tion was exempt by Law from State and Continental taxes 
untill Novr. in the year of our Lord 1797 — And that the 
Treasurer be Directed to Suspend the Sending any war- 
rants for more taxes to the Said Plantation — untill that 
Period. February 10, 1795. 

Chapter 53. 

RESOLVE ON THE PETITION OF DANIEL OLIVER, DIRECTING THE 
TREASURER TO ISSUE A CERTIFICATE FOR THE AMOUNT OF 
THE SUM MENTIONED. 

On the petition of Daniel Oliver, praying to have re- 
newed, a Soldiers State note for ten pounds, now in his 
possession, given by the late Treasurer Gardner, a part 
of which has been torn off, and lost. 

* Not printed in previous editions. 



260 Resolves, 1794. — Jan^uary Session-. 

Resolved that the Treasurer of this Common-wealth, be, 
and hereby is directed, to receive of Daniel Oliver into 
the Treasury, that part of said Note for ten pounds, which 
remains, and to ascertain the value thereof and allow the 
Interest due thereon, and to issue a Certiticate for the 
amount, agreable to the Act providing for the debt of 
this Common wealth. February 10, 1795. 

Chapter 54. 

RESOLVE ON THE PETITION OF CHARLES GOODRICH, ESQ. 

On the Petition of Charles Goodrich Esqr. praying for 
a grant of certain land therein described. 

Resolved that the Committee for the Sale of unappro- 
priated lands in the County of Berkshire be and hereby 
are authorized in the Name & Behalf of the Common- 
wealth to make a Deed of Release & Quit Claim to the 
said Charles Goodrich of all the riojht title and interest of 
the Commonwealth in and to lot number one hundred and 
twenty seven lying in the Town of Partridgefield in said 
County of Berkshire containing two hundred acres, the 
said Charles paying to the said Committee therefor to the 
use of the Commonwealth the sum of four hundred Dollars 
upon receiving such Deed, or securing the same sum to be 
paid with the Interest thereof from the time of his receiv- 
ing such Deed, within six months next thereafter. 

February 11, 1795. 

Chapter 55, 

RESOLVE ON THE PETITION OF NATHANIEL ROGERS. 

On the petition of Nathaniel Rogers Junior, praying 
that he may be authorized to make sale of six Acres of 
salt marsh belonging to his four children, who are minors 
and only heirs of Hannah his late wife ; for the reasons 
set forth in said petition. 

Resolved, that the petitioner be and hereby is author- 
ized to make sale of the said six Acres of salt marsh men- 
tioned in his petition at public or private sale as he shall 
judge most for the benefit of said children, and to execute 
any sufficient deed or deeds of the same. Provided that 
the petitioner give bond with sufficient sureties to the 
Judge of Probate for the County of Pl^^mouth, in double 
the value of said Estate, to observe the rules and direc- 



Resolves, 1794. — January Session. 261 

tions of the law which respects the sale of real Estate be- 
longing to minors by Guardians and Administrators, & 
faithfully to discharge the trust reposed in him ; and pro- 
vided that with the proceeds of said sale, other real Estate 
in the Town of Marshfield, shall be purchased by said 
Nathaniel and the deed or deeds thereof taken to the said 
Minors, in which case the said Nathaniel shall have equal 
interest in the real Estate so purchased as he now has as 
Tenant by the Curtesy in the six Acres of Marsh aforesaid. 

February 11, 1795. 



Chapter 55a.* 

ORDER ON THE PETITION OF OZIAS BLANCHARD AND OTHERS. 

On the petition of Ozias Blanchard and others. 

Ordered that the petitioners notify the inhabitants of 
the first parish in North Yarmouth by leaving an attested 
copy of their petition, with this order thereon with the 
Clerk of said parish, thirty dnys at least before the second 
Wednesday of the fii"st session of the next General Court, 
that they may then appear and shew cause, if any they 
have, why the prayer of said petition should not be 
granted. February 11, 1795. 

Chapter 56. 

RESOLVE ON THE PETITION OF WHITNEY COOLIDGE & WHITNEY. 

On the Petition of Whitney, Coolidge & Whitney con- 
tractors for Supplying the Garrison & Convicts on Castle 
Island. 

Resolved that There be allowed & paid out of the Treas- 
ury of this Commonwealth, to Whitney, Coolidge, & 
Whitney, the sum of six pence half penny pr. Day for 
the provisions & Cloathing for each of the Convicts on 
Castle Island, from the 26th day of June 1794 to the first 
day of April 1795, as specified in a Contract made by the 
Treasurer & the Petitioners, for supplying said Convicts. 

February 16, 1795. 

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



262 Resolves, 1794. — Jai^uart Session. 



Chapter 57. 

RESOLVE ON THE PETITION OF JOSEPH LOPEZ, ADMINISTRATOR 
ON THE ESTATE OF AARON LOPEZ, AUTHORIZING TEIE JUDGE 
OF PROBATE FOR THE COUNTY OF WORCESTER, TO EXTEND 
THE COMMISSION FOR EXAMINING CLAIMS ON SAID ESTATE. 

On the petition of Joseph Lopez Admin, on the Estate 
of Aaron Lopez hite of Leicester in the county of Worces- 
ter deceased intestate. 

Resolved, That the prayer of the petition be granted & 
that the Judge of Probate for the county of Worcester be 
& hereby is authorized & impowerd to renew & extend 
the Commission for examining claims on the estate of said 
Aaron Lopez for a term not exceeding twelve months from 
the twenty seventh day of June last past. 

February 11, 1795. 

Chapter 58, 

RESOLVE'ON THE PETITION OF JOHN AVERY, JUN. GRANTING 
HIM £.50 FOR HIS SERVICES AS SECRETARY, TO THE 1ST OF 
JUNE NEXT. 

On the petition of John Avery Junior Esqr. Secretary 
of this Commonwealth, stating the insufficiency of his 
salary for his comfortable maintenance. 

Resolved, That there be allowed and paid to the said 
John Avery Junior Esqr. out of the Treasury of this 
Commonwealth the sum of iifty pounds in addition to the 
Sum granted to him by a resolution passed on the 26th 
day of June last, and in full for his Services as Secretary 
of the Commonwealth to the first day of June next. 

February 12, 1795. 

Chapter 58a.* 

ORDER ON THE PETITION OF JOHN THAYER AND OTHERS. 

On the petition of John Thayer & others. 

Ordered that the petitioners notify the towns of Belch- 
ertown and Amherst mentioned in their petition, by leav- 
ing an attested copy of their petition and this order 
thereon, Avith the res[)ective Clerks of the said towns 
thirty days at least l)efore the third Wednesday of the 
first Session of the next General Court, that they may 

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



Resolves, 1794. — January Session. 263 

appear on said day, and shew cause, if any they have, 
why the prayer of the said petition should not be granted. 

February 12, 1795. 

Chapter 59. 

RESOLVE ON THE PETITION OF ELIJAH GOODENOW, AUTHOR- 
IZING THE SALE OF INDIAN LAND IN NATICK. 

On the Petition of Elijah Goodenow and others Pray- 
ing that certain Strips of Common lands in Natick belong- 
ing to the Indians may be Sold for the Benefit of Said 
Indians. 

Resolved that Jonathan Maynard Esqr. Guardian of the 
Natick Indians be and is hereby impowered to Sell at 
Publick Vendue any Common lands belonging to the Said 
Natick Indians and to make and execute a good and Law- 
full Deed or Deeds to the Purchaser or Purchasers, first 
giving Publick notice of the time & place of such sale by 
Posting up Notifications thereof in Some Publick Place or 
Places in the Town of Natick thirty days prior to Such 
Sale the Said Guardian to be accountable for the Money 
arising therefrom in the Same way and manner as he is 
for all other monies now belono-ino: to Said Indians. 

February 13, 1795. 

Chapter 60. 

RESOLVE ON THE PETITION OF NATHANIEL WELLS AND JOHN 
STORER, IN BEHALF OF THE FIRST PARISH IN WELLS. 

On the petition of Nathl. Wells and John Storer Esqrs. 
a Committee of the first parish in the town of Wells & 
the Kevd. Dr. Moses Hemmenway minister of said parish 
praying that they may be empowered to make sale of part 
of the parsonage land in said parish. 

Resolved that the sd. Committee & the said Moses be & 
they are hereby authorised & empowered to make sale of 
the Westerly and Northwesterly parts of the parsonage 
land in said parish which are separated from the residue 
thereof either by a highway or a town- way leading to a 
place called Merriland in said parish containing about one 
hundred acres (be the same more or less) for such sum or 
sums of monty as they shall judge reasonable & to make 
& execute a deed or deeds of the same lands in due form 
of law which deed or deeds so executed acknowledged & 



264 Resolves, 1794. — January Session. 

recorded shall be sufficient in law to pass to the purchaser 
or purchasers their heirs & assigns forever all the right 
title & interest which the said parish & Minister have in 
& to the land before described. 

Jiiid it is further resolved that the Treasurer of the said 
parish for the time being be & he hereby is authorised to 
receive said money & let the same out on interest taking 
sufficient security for the repayment thereof the interest 
to be appropriated to the use of the ministry in said par- 
ish until the said parish with consent of the minister thereof 
for the time being shall apply the said money in purchas- 
ing other real estate for the use of the ministry in said 
parish wdaich they are hereby empowered to do whenever 
they may judge it expedient. February 13, 1795. 

Chapter 61. 

RESOLVE DISCHARGING BENJAMIN CHADBOURN AND OTHERS, 
COMMITTEE FOR SELLING SIR WILLIAM TEPPERELL'S LANDS, 
OF MONEY BY THEM PAID. 

Whereas it appears that the Accounts exhibited by 
Benja. Chadbourn, David Sewall and Nathl. Wells Esqrs. 
appointed a Committee by the Legislature for selling the 
confiscated unimproved land, which formerly belonged to 
Sir Wm. Pepperell now of London Baronet, amounting 
to one thousand three hundred & thirty nine pounds four 
shillgs. & five pence half penny are well vouched & right 
cast, therefore, 

Resolved that the said Account be accepted & that the 
sd. Committee be & hereby are discharged of said sum l)y 
them paid into the Treasury of this Commonwealth & for 
rebuilding York Bridge, pursuant to a Resolve of Court, 
including the expences of said Committee for executing 
the business aforesaid. February 13, 1795. 

Chapter 63. 

RESOLVE FOR TAKING THE SENSE OF THE PEOPLE ON THE 
REVISION OF THE CONSTITUTION. 

In pursuance of the tenth article of the sixth chapter of 
the Constitution, or Frame of Government, it is hereby 
Ordered, That precepts shall forthwith issue from this Gen- 
eral Court, to the Selectmen of the several Towns and 
Districts, and to the Assessors of the unincorporated Plan- 
tations, requiring them, in manner as the law directs for 



Resolves, 1794. — January Session. 265 

calling Town meetings, to convene the qualified voters of 
their respective Towns, Districts, and Plantations, on 
Wednesday the sixth day of May next, for the purpose 
mentioned in the said Article ; Each of which Precepts shall 
be signed by the President of the Senate, and the Speaker 
of the House of Representatives, and be made returnable 
to the Secretary of the Commonwealth, on or before the 
second Wednesday of June next, and shall run in the form 
following, viz. 

Commonwealth of Massachusetts. 

To the Selectmen of the Town (or District) of 
(or to the Assessors of the Plantation called 
as the case may be) 

Whereas, by the tenth article of the sixth chapter of 
the Constitution or Frame of Government for the Com- 
monwealth of Massachusetts, it is provided that, In order 
the more effectually to adhere to the principles of the Con- 
stitution, and to correct those violations which, by any 
means may be made therein, as well as to form such alter- 
ations, as from experience shall be found necessary, the 
General Court which shall be in the Year of our Lord 
One thousand seven hundred and ninety five, shall issue 
precepts to the Selectmen of the several Towns, and to the 
Assessors of the unincorporated Plantations, directing 
them to convene the qualified voters of their respective 
Towns and Plantations, for the purpose of collecting their 
sentiments on the necessity or ex})ediency of revising the 
Constitutio2i, in order to amendments. 

You are therefore, in the name of the Commonwealth 
of Massachusetts, hereby required to convene the qualified 
voters of the Town of (or District, or Plan- 

tation of as the case may be) on Wednes- 

day the sixth day of May next, for the purpo-e of collecting 
their sentiments on the necessity or expediency of revising 
the Constitution, in order to amendments. Hereof fail 
not and make return of this precept, with the number of 
votes for, and against, the revision aforesaid, to the next 
General Court, ))y causing the same to be lodged in the 
Secretary's office in Boston, on or before the second 
Wednesday in June next. 

Given under our hands and seal at Boston the 
day of in the Year of our Lord one thousand 



266 Resolves, 1794. — January Session. 

seven hundred and ninety five, And in the nineteenth 
year of the Independence of the United States of America. 

S. P. President of the Senate. 

E. H. R. Speaker of the House of Representatives. 



Whereas the General Court, at their present Session, 
have ordered precepts to issue to the Selectmen of the 
several Towns, & Districts and to the Assessors of the 
unincorporated Phmtations within this Commonwealth, 
requiring them to convene the qualified voters of their 
respective Towns Districts and Plantations, on Wednes- 
day the sixth day of May next, for the purpose of collect- 
ing their sentiments on the necessity or expediency of 
revising the Constitution in order to amendments, agree- 
ably to the provision therein made. And whereas an act 
of Government is necessary for carrying the said Precepts 
into efiect : 

It is therefore Resolved, that the Selectmen of the sev- 
eral Towns and Districts, and the Assessors of the unin- 
corporated Plantations (as the case may be) shall preside 
at those meetings which shall be called pursuant to the 
precepts aforesaid, and shall count the votes for, and 
against the said revision of the Constitution, and shall, in 
open meeting, declare, certify, and seal up, the number 
of votes for, and the number of votes against the revision 
aforesaid, and transmit the same to the Oflice of the Sec- 
retary of the Commonwealth, on or before the second 
Wednesday of June next. 

And be it {nrther Hesohed, that if the Selectmen of any 
Town or District, or Assessors of any unincorporated 
Plantation, shall neglect or refuse to make and transmit 
such certificate, in manner aforesaid, or to comply with 
any of the duties required of them by the said precepts, 
each of said Selectmen and Assessors (as the case may 
be) so neglecting, shall forfeit and pay to the use of the 
Commonwealth, the sum of ten pounds. Provided, that 
if the said Selectmen and Assessors (as the case may be) 
shall transmit the said votes to the Sheriff of the County 
in which such Town, District or Plantation may lie, on or 
before the twentieth day of May next, in that case, the 
said Selectmen and Assessors respectively, shall be ex- 
cused and exempted from the said penalty. 

And it is further Resolved, that the Secretary be and 
he is hereby directed, as soon as may be, to cause the said 



Resolves, 1794. — January Session. 267 

Precepts and these Resolutions to be printed, and to trans- 
mit the same to the Sheriffs of the several Counties, who 
are, in like manner, directed seasonably to transmit the 
said Precepts and llesolutions to the Selectmen of the 
several Towns and Districts, and to the Assessors of 
the unincorporated Plantations within this Commonwealth. 
And be it further Resolved, that it shall be the duty of 
the Sheriffs of the several Counties in the Commonwealth 
to transmit the votes by them respectively received from 
the said Selectmen and Assessors to the Secretary of the 
Commonwealth, on or before the second Wednesday of 
June next, And any Sheriff who shall neglect seasonably 
to transmit, the Precepts & Resolutions by him received 
to the several Selectmen & Assessors within his County 
& also to return the votes by him received as aforesaid, 
within the time aforesaid, shall forfeit and pay for the use 
of the Commonwealth, for every such neglect, the sum of 
thirty pounds. And every Sherif shall be allowed and 
paid out of the Treasury of this Commonwealth the sum 
of six pence per mile from his Dwelling house to the Sec- 
retary's office. February 14, 1795. 

Chapter 63. 

RESOLVE GRANTING A TAX ON THE COUNTY OF BARNSTABLE. 

Whereas the Treasurer of the County of Barnstable has 
laid his accounts before the General Court in manner pre- 
scribed by law, which accounts are hereby approved, and 
whereas the Clerk of the Court of General Sessions of the 
peace for said County, has laid before the General Court 
an Estimate made by the said Court of the Necessary 
charges likely to Arise within said County for the present 
year Amounting to one hundred and forty pounds : 

Resolved — That the sum of one hundred and forty 
pounds, be and hereby is granted as a tax for said County 
of Barnstable; to be apportioned. Assessed collected and 
applied in manner Agreeable to law. 

February 16, 1795. 

Chapter 64. 

RESOLVE ON THE PETITION OF WILLIAM PYNCHON, ESQ. 
GRANTING HIM £.1 11. 

On the Petition of William Pynchon Esqr. one of the 
Comtee. appointed to receive specifick Articles for Taxes. 



268 Resolves, 1794. — January Session. 

Resolved that there be allowd. and paid to said William 
Pynchon out of the Treasury of this Commonwealth the 
Sum of Thirty one shillings l^y him paid for the use of the 
Commonwealth more than he had receivd. as appears by 
the Treasurers Certificate, in full Satisfaction therefor. 

Febniary 16, 1795. 

Chapter 65. 

RESOLVE ON THE PETITION OF SAMUEL TAYLOR AND OTHERS, 
INHABITANTS OF THE TOWN OF BUCKLAND. 

On the Petition of Samuel Taylor and others, Inhabi- 
tants of the Town of Buckland, Praying that a line may 
run in such a direction as would do Justice to the several 
persons that have Purchased of the Proprietors of the Land, 
called Wards Grant, and those Avho Purchased the Western 
half of Cobbets Grant, for reasons set forth in said Peti- 
tion. 

Resolved, that the Prayer of the Petition be so far 
granted that a line to run as foUoweth, Viz., beginning at 
an Angle in Othniel Taylor's Grant so called, from thence 
I'uning on said Grant South forty five Degrees West, about 
one Hundred and Eighty four rods to a stake and stones 
being the South east Corner of said Grant, thence West 
Fort}' five Degrees North, One Hundred and forty four 
rods and an half, to the South West Corner of said Ta}^- 
lor's Grant, thence turning and runing south Forty De- 
grees West on the East line of said Ward's Grant about 
Fifty rods to a Beach Tree Marked, thus, H W, I W, 
I W, thence Continuing the same Course about Three 
Hundred and Ninety five rods to the South east Corner 
of said Ward's Grant and to Ashfield Former Line, be, 
and hereby are Established as the Dividing lines between 
said Taylor's and Cobbett's, and between said Cobbett's 
and Ward's Grants ; any thing in the former Grants to 
the Contrary Notwithstanding. 

And, Whereas it appears by Establishing the line afore- 
said, there is about sixteen Acres of Land in the Cobbet's 
Grant more than its Original Contents, which appears to 
be the Property of the Commonwealth : 

Resolved, that, the said sixteen acres be, and hereby are, 
granted and Confirmed to the said Samuel Taylor Esqr. 
his heirs and Assigns forever he or they paying or causing 
to be paid to the Treasurer of this Commonwealth the sum 



Resolves, 1794. — January Session. 269 

of Fifteen Pounds I. awful Money in full for the aforesaid 
Land or giving security for the al\)resaid sum payable in 
one year with interest. February 16, 1795. 

Chapter 66. 

RESOLVE FOR BUILDING A NEW STATE HOUSE. 

Resolved that Edward H Robbing Esq. Thomas Dawes 
Esqr. & Mr. Charles Bullfinch l)e and they are hereby 
appointed Agents on the part of the Common wealth and 
they or the major part of them are hereby fully authorised 
and impowerd to erect build & finish a new State house 
for the Accommodation of all the legislative and Executive 
branches of Government on a Spot of ground in Boston 
commonly called the Governors pasture containing about 
two Acres more or less, adjoining the late Governor 
Hancocks Garden, & belonging to the heirs of said Gov- 
ernor liHwiwo^ik, provided the Town of Boston will at their 
expense purchase & cause the same to be convey'd in fee 
simple to the Commonwealth; that appearing to be the 
most preferable Spot for that purpose ; on such plan and 
model as said Agents with the approbation ot the Commit- 
tee herein after named or the Major part of them shall 
adopt. 

And further Resolved that the sum of eight Thousand 
pounds be and the same hereby is granted to be paid out 
of the Treasury of the Commonwealth to said Agents by 
Warrant from the Governor by and with the advice of 
Council for the purpose aforesaid, they to be accountable 
to the Commonwealth for the same on the Settlement of 
their Accounts for the Expenditures on said building, or 
at any other time, when called upon by the general Court. 

Resolved further \\\Qi if the Lot of land aforesd. cannot 
be procured on reasonal)le terms in the Judgment of Saml. 
Phillips, Loammi Baldwin, John Davis, Richard Devens 
& John Saunders Junr. Esqrs. who are hereby appointed 
a Committee for that purpose then the Agents aforesd. with 
the Consent and approbation of the Committee aforesd. 
may take a deed from the Town of Boston of an equal 
quantity of land at the Northeasterly Corner of the Com- 
mon opposite to the alms house to be located in such 
manner as they shall judge most suitable for the purpose, 
to the Commonwealth in fee simple, and erect the build- 
ing aforesaid thereon. 



270 Resolves, 1794. — Januaky Session. 

And said Agents or any two of them are hereby further 
authorised & fully iinpowered to sell & dispose of at 
public Auction or private Sale as to said Agents or the 
Major part of them shall appear most for the Interest of 
the Common wealth all that piece of land buildings & Ap- 
purtenances situate in Marlborough Street in said Boston 
known by the name of the province house & the piece of 
land & buildings lying west of the same together with all 
the right title & Estate of the Commonwealth in & to the 
present State house in said Boston. And are further 
authorised to make & Execute good and sufficient deed 
or deeds of the same in the name of the Commonwealth 
to the purchaser or purchasers in fee simple. Reserving 
however to the Commonwealth the right of using & im- 
proving the same Estates untill the New State house afore- 
said shall be erected & fit for use. And upon Receipt of 
the monies arising from said sales the said Agents are 
directed to pay the same over to the Treasurer of the 
Commonwealth taking duplicate receipts for the same, one 
of which shall be lodged with the Secretary of the Com- 
monwealth. February 16, 1795. 

Chapter 66a.* 

ORDER ON THE PETITION OF JOSEPH HAYWARD AND OTHERS. 

On the petition of Joseph Hay ward and others. 

Ordered that the petitioners notify the inhabitants of 
the several towns of Concord, Sudbury and Acton, by 
leaving an attested copy of their petition with this order 
thereon, with the respective Clerks of said towns, thirty 
days at least 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 pjetition should not 
be granted. February 16, 1795. 

Chapter 67. 

RESOLVE ON THE PETITION OF THE TOWN OF MANCHESTER, 
DIRECTING THE TREASURER TO DISCHARGE SAID TOWN OF 
THE TAX, NO. 11, THE SUM OF £.54 6 8. 

On the Petition of the Town of Manchester Praying for 
an Abatment of Tax N[o.] 11 on Account of the peculiar 

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



Resolves, 1794. — January Session. 271 

circumstances of Said Town by reason of their having 
been grievously visited with a very Distressing & Mortal 
Sickness. 

Resolved that the Prayer thereof be Granted and that 
the Said Town of Manchester be Abated and Discharged 
from Said Tax Nfo.] 11 which was proportioned on Said 
Town the Sum of Fifty-four Pounds Six shillings & eight 
pence, and the Treasurer is hearby directed to govern him 
Selfe Accordingly. February 16, 1795. 



Chapter 68. 

RESOLVE ON THE MEMORIAL OF THE INHABITANTS OF THE 
TOWN OF SANDFORD AND THE DISTRICT OF ALFORD, RE- 
MITTING A FINE LAID ON SAID TOWN AND DISTRICT FOR 
NOT SENDING A REPRESENTATIVE. 

On the Memorial of the Inhabitants of the Town of 
Sanford and the destrict of Alford praying that a fine laid 
on them for not sending a Kepresentative to Kepresent 
them in the General Court the last Year may be remitted 
for reasons set forth in said memorial. 

Resolved that the prayer thereof be granted and that 
said fine being the sum of Twenty two pounds ten shillings 
be and hereby is remitted and that the Treasurer of the 
Commonwealth be and he is hereby directed to Govern 
himself accordingly, iwovided the said Town of Sanford & 
Destrict of Alford shall l)e holden to pay any legal Cost 
which may have arisen or accrued in the prosecution for 
said fine the Resolve aforesaid notwithstandins;. 

February 16, 1795. 

Chapter 69. 

REPORT ON ACCOUNTS OF TREASURER DAVIS FROM IsT JUNE, 
1793, TO 1st JULY, 1794. 

Resolved that the report made December the 24th 1794 
by Thomas Dawes and Jonathan Mason Esqrs. a Com- 
mittee appointed by a resolve passed the 25th of June 
1794 to examine and adjust the accounts of Thomas Davis 
Esqr. Treasurer of this Commonwealth from June 1, 1793 
to July 1, 1794 be, and the same is hereby accepted and 
the said Treasurer shall stand charged and credited in his 
new account accordingly. February 17, 1795. 



272 Kesolves, 1794. — January Session. 



Chapter 70. 

RESOLVE ON THE PETITION OF JERUSHA CRISSEY, DIRECTING 
THE SECRETARY TO CERTIFY WAGES DUE. 

On the Petition of Jerusha Crissey Administratrix on 
the Estate of Aaron Crissey. 

Resolved that John Avery Esqr. Secretary of this Com- 
monwealth Certify to the Govr. and Councel the Pay or 
arrears of Pay due to the said Aaron Cressey Late a Cor- 
poral in Colo. lShe[)ards Regiment and the Treasurer on 
receiving a AVarrant therefor is Directed to Issue his note 
or notes to Jerusha Cressey Administratrix on the Estate 
of Aaron Cressey in the same way and manner as has been 
Practiced in Paying other Soldiers for Simelar Services. 

February 18, 1795. 

Chapter 71. 

RESOLVE ON THE PETITION OF AARON ALLIS, DIRECTING THE 
SECRETARY TO CERTIFY THE BALANCE. 

On the Petition of Aaron Allis late a Soldier in Colo. 
Wessons Regiment. 

Resolved that John Avery Esqr. Secretary of this Com- 
monwealth be and he is hereby directed to Certify to the 
Governor and Councel the pay or arrears of Pay due to 
the said Aaron Allis late a Soldier in Colo. Wessons Regi- 
ment — and the Treasurer, on Receiving a Warrant there- 
for is directed to Issue his note or notes to the said Aaron 
Allis in the same way and manner as has been Practiced 
in Paying Other Soldiers for Simelar Services. 

February 23, 1795. 

Chapter 73. 

RESOLVE ON THE PETITION OF HOLDER SLOCUM, IN BEHALF 
OF THE TOWN OF DARTMOUTH, DIRECTING THE TREASURER 
TO SUSPEND ISSUING HIS EXECUTION FOR THE TERM OF 
TWELVE MONTHS. 

On the Petition of Holder Slocuni In behalf of the Town 
of Dartmouth. 

Resolved for Reasons set forth in said Petition, that the 
Treasurer of this Commonwealth be and he hereby is 
directed, to suspend Issuing his Execution against said 
Town of Dartmouth for Taxes Number five and Number 



Resolves, 1794. — January Session. 273 

seven committed to Benja. Howland Collector of said 
Town of Dartmouth, and New Emision Tax and Class 
Tax, committed to Christopher Almy another collector of 
said Town of Dartmouth, for the term of twelve months — 
Any Act or Resolve to the Contrary notwithstanding. 

February 23, 1795. 



Chapter 73. 

RESOLVE ON THE PETITION OF WILLIAM LAAVRENCE, DIRECT- 
ING THE TREASURER TO RECALL ANY EXECUTION WHICH 
HAS BEEN ISSUED, AND DISCHARGING HIM, HE PAYING 
COSTS. 

On the petition of William Lawrence praying for relief 
from an execution issued by Thomas Davis Esqr. treasurer 
of this Commonwealth iagainst him. 

Resolved that the prayer of said petition be granted ; 
and that the treasurer be directed to recal any execution 
which he has issued against said Lawrence and to dis- 
charge said Lawrence on the treasury books for the sum 
of eighteen pounds lawful money for which said execution 
issued — said Lawrence paying all costs that may have 
arisen on said Execution. February 23, 1795. 



Chapter 74. 

RESOLVE MAKING ESTABLISHMENT FOR THE MEMBERS OF 
THE GENERAL COURT. 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth to each member of the 
Council, Senate & House of Representatives One dollar 
& seventy five Cents per day, for each days attendance 
the present Session, and a like sum for every ten miles 
distance from their respective places of abode, to the place 
of the sitting of the General Court — 

And be it further Resolved that there be paid to the 
President of the Senate, and the Speaker of the House of 
Representatives each one dollar per day, for each days 
attendance, over & above their pay as Members. 

February 23, 1795. 



274 Eesolves, 1794. — January Session. 



Chapter 75. 

RESOLVE ON THE PETITION OF THE PROPRIETORS OF THE 
TOWN OF BUXTON, GRANTING THEM 5,000 ACRES OF LAND, 
UNDER THE DIRECTION OF THE COMMITTEE FOR THE SALE 
OF EASTERN LANDS. 

On the petition of the Proprietors of the Town of Bux- 
ton, Praying compensation for a Goar of twelve Hundred 
& forty one Acres of Land, laid out to them by a Com- 
mittee of the late Province of the Massachusetts-Bay as a 
part of that Town, in the year 1762 — Claimed and held 
by the Town of Scarborough. 

Resolved, that there be granted and laid out at the Ex- 
pence of said proprietors five thousand acres of the unap- 
propriated lands in the District of Main under the direction 
of the Committee for the sale of Eastern Lands to those 
proprietors of Buxton to whom said Gore of land was 
allotted by draught by the proprietors of Buxton, as their 
share of lands in the third division of lands in said Buxton, 
or in cases where they are dead or have assigned their said 
Lots to the heirs of such deceased proprietors, or their 
Assigns, now claiming under them respectively, in fee ; in 
the same shares & proportions as they owned & held in 
said allotments, in full for all claims upon the Common- 
wealth for the loss of their lands in said Gore ; they also 
to release to said proprietors of Buxton all right or claim 
to any compensation in lands or otherwise for the loss of 
said Lands — and to return an accurate plan of said five 
thousand acres into the Secretary's OflSce as soon as the 
survey & plan thereof are compleated. 

February 23,1795. 

Chapter 76. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE TOWN 
OF BARNSTABLE, EXTENDING A RESOLVE PASSED THE 25th 
OF FEB. LAST, TO THE 1st DAY OF DEC. NEXT. 

On the petition of the Inhabitants of the Town of 
Barnstable. 

Resolved, that the prayer, of said petition be so far 
granted, that the time limited by a resolution passed the 
25th Day of February last directing the Treasurer to re- 
ceive of said Town the Sum of One thousand and forty one 
pounds, eight shillings and eight pence, in consolidated 



Resolves, 1794. — Januakt Session. 275 

Notes, be and hereby is extended to the first day of 
December next. February 23, 1795. 



Chapter 77. 

RESOLVE FOR SUPPLYING THE GARRISON AND CONVICTS AT 
CASTLE ISLAND AND DIRECTING THE TREASURER TO CON- 
TRACT FOR THE SAME. 

Resolved, That the Treasurer of this Commonwealth 
be, and hereby is authorized and directed to contract for 
supplying the Garrison & Convicts on Castle Island, with 
provission & Cloathing for the term of one year, com- 
mencing the first day of April 1795, on terms most advan- 
tageous to government ; and that he cause public notice 
thereof to be given in the Independent Chronicle three 
weeks successively before his entering into such con- 
tract, that he shall recieve 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 Contractor or Contractors, 
for the faithful discharge of their duty ; and the said 
Contracts shall allow the same articles of provission & 
cloathing to the Garrison and Convicts as are specified in 
the Contracts made in the year 1792 and also two pr. 
Centum on the provissions issued to make good the wast- 
age necessarily arising in dividing and weighing out the 
said provissions. February 23, 1795. 



Chapter 78. 

RESOLVE ON THE PETITION OF ANDREW FOSTER, DIRECTING 
THE SECRETARY TO CERTIFY THE BALANCE. 

On the Petition of Andrew Foster late a Soldier in 
Colo. Greaton's Regiment. 

Resolved that John Avery Esqr. Secretary of this Com- 
monwealth Certify to the Governor and Council the pay 
or Arrears of Pay due to the said Andrew Foster late a 
Soldier in Colo. Greaton's Regiment and the Treasurer 
on receiving a»Warrant therefor is directed to Issue his 
note or notes to the said Andrew Foster in the same way 
and manner as has been Practiced in paying Other Soldiers 
for Simelar Services. February 23, 1795. 



276 Resolves, 1794. — January Session. 



Chapter 79. 

RESOLVE ON THE PETITION OF SAMUEL FOWLER AND OTHERS, 
GRANTING £.450, FOR MAKING AND REPAIRING THE ROADS 
LEADING FROM THE COUNTY OF HAMPSHIRE TO THE COUNTY 
OF BERKSHIRE. 

On the Petition of Samuel Fowler and others, praying 
for a grant of money to make and repair certain roads 
leading from the County of Hampshire to the County of 
Berkshire. 

Resolved that the sum of Four Hundred & fifty Pounds 
be granted for the purpose of 'making and repairing the 
aforesaid Roads, to be paid out of any monies in the 
Hands of the Committee for the sale of unappropriated 
lands in said County of Berkshire or monies which may 
be due on any contracts made by said Committee if 
such Monies shall amount to that sum And that Salem 
Town, William Eustis & James Bancroft Esqrs. be a 
Committee to determine on which of the said roads the 
monies hereby granted shall be laid out & what pro- 
portion of the same shall be expended on either of said 
Roads — and the same Committee are also authorised to 
nominate and appoint one or more suitable person or 
persons to superintend & direct the laying out the Monies 
hereby granted on said Roads, into Avhose hands the said 
Committee for the sale of unappropriated lands, shall pay 
the same in the several proportions which may be appro- 
priated and established as aforesaid taking duplacate re- 
ceipts therefor one of which to be lodged in the OflSce 
of the Treasurer of the Commonwealth and the said Com- 
mittee shall also lodge in the Secretary's Office a certifi- 
cate of their doings. February 23, 1795. 

Chapter 80. 

RESOLVE ON THE PETITION OF WILLIAM McINTOSH AND 
OTHERS, A COMMITTEE IN BEHALF OF THE FIRST PARISH 
IN THE TOWN OF NEEDHAM. 

On the petition of Wm. Mcintosh, Jlobt. Fuller & 
Amos Fuller a Committee in behalf of the first parish in 
the town of Needham praying for liberty to sell & convey 
part of the lands appropriated for the use of the ministry 
in the said town of Needham & the proceeds arising by 
the sale of said lands to be put on interest & that said 



Resolves, 1794. — January Session. 277 

interest may be appropriated for the same purpose for 
which said lands were granted. 

Resolved that the prayer of the petition be so far 
granted as that the said first parish in Needham with the 
consent of the Revd. Stephen Palmer their present pastor 
be & they hereby are fully authorized & empowered to 
make sale of such part of said lands as they shall think 
proper (not to exceed sixty acres) for the most the same 
will fetch either at private sale or at public vendue the 
neat proceeds arising by said sale to be put on interest 
& appropriated for the sole purpose of supporting the 
gospel ministry agreeable to the desire of the original 
donors ; & the said parish are further empowered in such 
w^ay & manner as they shall think proper to give & 
execute a good and suflicient deed or deeds of the same 
which deed or deeds shall when executed agreeable to law 
be considered good & valid — Provided nevertheless that 
nothing in this Resolve shall be considered to deprive the 
second parish of Needham of any legal right that they may 
have in said property. February 24, 1795. 

Chapter 81. 

RESOLVE ON THE PETITION OF JAMES AND PATIENCE COOK, 
AUTHORIZING THE TRUSTEES OF THE GRAFTON INDIANS TO 
DISPOSE OF 23 ACRES OF LAND. 

On the Petition of James and Patience Cook, two old 
and infirm Indians, natives of the Town of Grafton in ye 
County of Worcester, praying for Liberty- to Sell a Cer- 
tain piece of Land situate in said Grafton and Jointly 
owned by the said Patience and her Sister Deborah 
Deceased, for the purpose of paying the debts of the said 
James and Patience and the said Deborah, and for Sup- 
porting the said James and Patience, which piece of land 
is Bounded and described as follows vizi. Southwardly 
on ye land of Benja. Thirstin, Eastwardly on ye Town 
line Northwardly on land of Jona. Furbush & West- 
wardly on a Town Road, as set forth in said Petition. 

Resolved, for reasons set forth in sd. Petition, That the 
prayer thereof be granted, and that ye Trustees of the 
said Grafton Indians, be, and they hereby are, authorised 
& impowered to sell the said Twenty three acres of Land, 
at publick or private sale, for ye most the same will fetch, 
and to make & execute a good deed or deeds to the pur- 



278 Resolves, 1794. — Jai^tjary Session-. 

chaser or purchasers to pass the Same, and after paying 
and discharging all the debts, by Law chargable against 
said Land, out of ye Monies arrising frora said Sale, to put 
the Remainder out on Interest cm good Security and yearly 
and every year, to exi)end in a prudent way & Manner, 
such sum or sums thereof towards the support of ye sd. 
James & Patience, during the natural life of ye sd. 
Patience, as ye said Trustees shall find necessary and 
render an account of their proceedings to government, 
any Law or Resolve to ye Contrary Notwithstanding. 

February 24, 1795. 

Chapter 83. 

RESOLVE ON THE PETITION OF SETH RICHMOND, DIRECTING 
THE TREASURER TO ISSUE A CERTIFICATE FOR THE SUM 
MENTIONED. 

On the Petition of Seth Richmond praying for an allow- 
ance for wages due to him from this Commonwealth, which 
have been drawn by a forged Order. 

Resolved, for reason set forth in said petition, that the 
prayer thereof be granted, and that the Treasurer of this 
Commonwealth be and he hereby is directed to Issue a 
certificate payable to the said Seth Richmond or bearer 
for the sum of Twenty Pounds & Nineteen shillings, with 
Interest from the date of the Note said to be drawn by a 
forged Order, agreeably to the Act making provision for 
reloaning the debt of this Commonwealth. 

February 25, 1795. 



Chapter 83a.* 

ORDER ON THE PETITION OF ELI BULLARD. 

On the petition of Eli Bullard in behalf of Thomas 
Coolidge. 

Ordered that the petitioner notify Jonathan Bryant by 
serving him with an attested copy of his petition with this 
order thereon, twenty days at least before the second 
Wednesday of the first Session of the next General Court, 
to appear, and shew cause, if any he hath, why the prayer 
of the said petition should not be granted. 

February 25, 1795. 

I , — _ 

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



Resolves, 1794. — jANtiART Sessioit. 279 



Chapter 83. 

RESOLVE ON THE PETITION OF CALEB ROGERS AND OTHERS, 
AUTHORIZING THE GOVERNOR WITH THE ADVICE OF THE 
COUNCIL, TO RAISE A TROOP OF CAVALRY IN THE 1st REGI- 
MENT, 2d BRIGADE AND SECOND} DIVISION OF THE MILITIA, 
TO BE UNDER THE COMMAND OFTHE COMMANDING OFFICER 
OF THE REGIMENT. 

On the Petition of Caleb Rogers & others. 
Resolved, that the Governor with Consent of Council, 
be, & he is hereby authorized and impowered, to raise a 
Troop of Cavalry, in the first Regiment of the Second 
Brigade, in the Second Division of the Militia of this 
Commonwealth, to be Officered, & governed in the same 
manner as is, or may by Law, be provided for the Gov- 
ernment of Similar Corps ; which Troop shall be annexed 
to, & be under the Command of, the Commanding OflBcer 
• of the Regiment in which it shall be raised. 

February 25, 1 795. 

Chapter 84. 

RESOLVE ON THE PETITION OF WILLIAM JONES, AUTHORIZING 
THE GOVERNOR, WITH THE ADVICE OF THE COUNCIL, TO 
RAISE A TROOP OF CAVALRY IN THE 3d REGIMENT, 1st 
BRIGADE AND 3d DIVISION OF THE MILITIA, TO BE UNDER 
THE COMMAND OF THE COMMANDING OFFICER OF THE 
REGIMENT. 

On the petition of William Jones and others. 

Resolved, that the Governor with consent of the Coun- 
cil, be, & he is hereby authorized and impowered, to raise 
a troop of Cavalry, in the third Regiment, first Brigade & 
third division of the Militia of this Commonwealth, to be 
Officered, & governed in the same manner as is, or may 
by law, be provided for the government of similar Corps ; 
& shall be annexed to, & be under the command of, the 
commandioo; officer of the Regiment in which it shall be 
raised. February 25, 1795. 

Chapter 85. 

RESOLVE ON THE PETITION OF ELIJAH DREW, IN BEHALF OF 
THE TOWN OF NEWFIELD, DIRECTING THE TREASURER TO 
DISCHARGE THEM OF TAXES, NO. 5, NO. 6 AND NO. 7. 

On the petition of Elijah Drew in behalf of the Town 
of Newfield praying to be discharg'd of Tax No. 5, 6 and 
No. 7. 



280 Resolves, 1794. — Jaxuaky Session. 

Resolved that the prayer thereof be granted and the 
Treasurer is hereby directed to govern himself accord- 
ingly. February 25, 1795. 



Chapter 86. 

RESOLVE DIRECTING THE SECRETARY TO DISTRIBUTE THE 
PERPETUAL LAWS. 

Ordered that the Secretary of this Commonwealth be 
and he is hereby directed to deliver to those towns dis- 
tricts and plantations that have not received them one set 
in Sheets of the perpetual laws of the Commonwealth 
which he has now in his possession — and also to each 
Member of the Honble. Council Senate and house of Rep- 
resentatives who has never received them one Sett of the 
said laws in Sheets — And to each incorporated Colledge, 
Accademy, library Society, & other incorporated literary 
Association one Sett — 

and if any remain after the above destribution he is 
directed to deliver the same to each town entitled to send 
more than One Representative to the General Court & 
having more than one Parish in proportion to such num- 
ber of Parishes &c. February 25, 1795. 



Chapter 87. 

RESOLVE ON THE PETITION OF WILLIAM MAREAN, DISCHARG- 
ING HIM FROM BOND MADE TO JOHN MURRAY, A CONSPIR- 
ATOR, HE PAYING THE SUM OF FIFTEEN POUNDS ON THE 
1st DAY OF MAY NEXT. 

On the Petition of Willm. Marean praying to be Dis- 
charged from a Bond made to John Murray a Conspirator 
Dated March 5th 1773. 

Besolved for reasons Set forth in said Petition that the 
prayer thereof be so far granted that the Treasurer of this 
Commonwealth be & hereby is directed to discharge the 
said Wm. Marean from said Bond he paying the Sum of 
fifteen pounds On or before the first Day of May next. 
And he the Said Wm. Marean Dischargeing Joseph Slar- 
row his heirs & assigns from any Security or obligation 
he may have Reed, for his Security — for being Surety 
to the Said John Murray in the above said Bond. 

February 25, 1795. 



Resolves, 1794. — January Session. 281 



Chapter 87a.* 

ORDER ON THE PETITION OF NATHAN WOOLSON AND OTHERS. 

On the Petition of Nathan Woolson and others. 

Ordered that the Petitioners notify Asa Bigelow By- 
Serving him with an attested Copy of their Petition and 
this order thereon thirty Days at Least before the third 
Wednesday of the first Sessions of the next General 
Court, to appear on that Day and Shew Cause if any he 
hath why the Prayer of the Said Petition should not be 
granted. February 25, 1795. 

Chapter 88. 

RESOLVE ON THE PETITION OF AARON BUSH, ADMINISTRATOR 
ON THE ESTATE OF FRANCIS SISCHO, DIRECTING THE SEC- 
RETARY TO CERTIFY THE BALANCE DUE TO HIM. 

On the Petition of Aaron Bush Admi[?izJstrator on the 
Estate of Francis Sischo late a Soldier in Colo. Shep- 
ard's Regiment. 

Resolved that John Avery Esqr. Secretary of this Com- 
monwealth Certify to the Governor and Council the pay 
or [or] arrears of Pay due to Francis Sischo late a Soldier 
in Colo. Shepard's Regiment and the Treasurer on Receiv- 
ing a Warrant therefor is directed to Issue his note or 
notes to the said Aaron Bush Administrator on the Estate 
of the said Francis Sischo, in the same way and Manner 
as has been Practiced in paying Other Soldiers for Similar 
Services. February 25, 1795. 

Chapter 89. 

RESOLVE ON THE PETITION OF WILLIAM PRENTICE, DIRECT- 
ING THE TREASURER TO MAKE OUT A CERTIFICATE FOR 

£.46 2 8. 

On the Petition of William Prentice praying for the 
Allowance of his wages as a Soldier in the hite Conti- 
nental Army, which have been drawn by a forged order. 

Resolved for Reasons set forth in Said Petition that the 
Treasurer of this Commonwealth be and he is hereby 
Directed to make out a Certificate payable to the Said 
William Prentice or Bearer for the Sum of Forty Six 

* Not printed in previous editions. 



282 Resolves, 1794. — January Session. 

pounds two Shillings & Eight pence in the Same way and 
manner as is prescribed in the act for funding the Debt of 
this Commonwealth computing the Interest of the afore 
Said Sum from February 15th 1782. 

February 25, 1795. 

Chapter 90. 

RESOLVE ON THE PETITION OF THE TOWN OF BERWICK. 

On the Petition of the Town of Berwick — For Reasons 
set forth in sd. Petition. 

Resolved that the Treasurer of this Comonwealth be 
& hereby is Authorized to recieve of the Inhabitants of 
Berwick the Sum of thirty Pounds ten Shillings & seven 
pence in Silver for Sixty five Pounds two Shillings & 
Eight pence paper new Emission the Ballance due from 
Jacob Whittier Collector for the year 1781. Also the 
Sum of fourteen Pounds Seventeen Shillings & ten pence 
in Silver for twenty two Pound one Shilling & three pence 
Army Notes & Indents being the Ballance due from 
Samuel Clement Coir, of No. 5 Tax. Also the Sum of 
twelve Pounds nine Shillings & nine pence in Silver for 
Eighteen Pounds Nine Shillings and two pence in full of 
No. 5 Tax whereof Ichabod Warren was Coir. — Provided 
the aforesd. Sums are all paid into the Treasury before 
the first Day of June next. February 25, 1795. 

Chapter 91. 

RESOLVE ON THE PETITION OF DANIEL SEWALL, JOSEPH 
TUCKER AND JOSEPH BRAGDON, DIRECTING THE TREAS- 
URER TO DISCHARGE THEM FROM THE BOND GIVEN IN 1792. 

The Comte. of both Houses on the Petition of David 
Sewall Joseph Tucker & Joseph Bragdon praying to be 
discharged from a Bond given by them to the Treasurer 
of the Comonwealth in the year 1792, & also for a Com- 
pensation to Samuel Sewall Esqr. for his great Care & 
Attention in rebuilding York Bridge as set forth in sd. 
Petition, beg leave to Report the following Resolve. 

LOAMMI BALDWIN pr. order. 

Whei'eas it appears that David Sewall, Joseph Tucker, 
& Joseph Bragdon Esqrs. have fulfilld. every part of the 



Kesolves, 1794. — January Sessioi^. 283 

Condition of a Bond given by them to the Treasurer of 
this Comonwealth in the year 1792 for the Sum of Six 
Hundred Pounds : Therefore 

Ilesolvd. that the Treasurer of this Comonwealth be & 
hereby is directed to discharge the sd. David Sewall, 
Josepii Tucker, & Joseph Bragdon Esqrs. from the Bond 
aforesd. February 25, 1795. 



Chapter 93. 

RESOLVE ON THE PETITION OF JOHN SPRAGUE AND OTHERS, 
REPRESENTATIVES OF THE HEIRS AND DEVISEES OF THOMAS 
IVERS, ESQ. LATE TREASURER. 

On the petition of John Sprague & others, representa- 
tives of the heirs & devisees of Thomas Ivers Esqr. late 
treasurer of this Commonwealth. 

Hesolved for I'easons set forth in said petition that the 
tren surer be & he is hereby directed to receive of the Ex- 
ecutor of the last will & testament of said Ivers, in part 
for the balance due on judgment against said executor to 
the Commonwealth four State-notes taken out in the name 
of said Ivers, at their nominal sum principal and interest, 
the interest whereof to be cast by the treasurer, the prin- 
cipal of said four state notes amounting to four hundred 
& thirty eight pounds, eight shillings & four pence ; and 
upon the receipt of said state notes the treasurer is hereby 
directed to credit & discharge said executor from so much 
of said Judgment us the nominal sum of the principal & 
interest of said four state notes shall amount to — 

and be it fur f her resolved that for the balance of said 
Judgment execution shall be & hereby is stayed for the 
term of Six months from the passing this resolve. 

February 25, 1795. 



Chapter 93. 

RESOLVE ON THE PETITION OF REUBEN TAYLOR, DIRECTING 
THE SECRETARY TO CERTIFY THE BALANCE. 

On the Petition of Reuben Taylor Administrator on the 
Estate of John Taylor. 

Resolved that John Avery jr. Esqr. Secretary of this 
Commonwealth be and he is hereby directed to Certify to 
the Governor and Councel the pay or arrears of Pay due 



284 Resolves, 1794. — January Session. 

to John Taylor late a Soldier in Colo. Shepard's Rege- 
ment and the Treasurer on Receiving a warrant therefor 
is directed to Issue his note or Notes to the said Reuben 
Taylor Administrator on the Estate of the said John Tay- 
lor in the same way and manner as has been practiced in 
paying Other Soldiers for Simelar Services. 

February 25, 1795. 

Chapter 93a.* 

ORDER ON THE PETITION OF LYDIA CHURCHILL AND OTHERS. 

On the petition of Lydia Churchill and others, praying 
that a re-examination may be directed of certain accounts 
of Administration on the Estate of Cornelius Bramhall 
deceased settled with the Judge of Probate of the County 
of Cumberland by Joseph Bramhall Administrator de bonis 
non on said Estate. 

Oi'dered that the petitioners serve the said Joseph with 
an attested Copy of their said petition and of this Order 
thereon, at least forty days before the second Wednesday 
of the next sitting of the General Court, that he may then 
appear and shew cause (if any he may have) on the said 
day, why the prayer of the said petition should not be 
granted. February 25, 1795. 

Chapter 94. 

RESOLVE ON THE PETITION OF STEPHEN HALL, FOR LICENCE 
TO SELL CERTAIN REAL ESTATE. 

On the petition of Stephen Hall legal Guardian of Sarah 
McNeil, Catharine McNeil, Margaret McNeil, Robert Mc- 
Neil, Nancy McNeil, and Caroline McNeil, children of 
Robert McNeil late of Boston deed, praying for licence, 
in his said Capacity, to sell & convey certain real estate 
belono:ino; to sd. minors — for reasons set forth in said 
petition. 

Resolved, that the prayer of said petition be granted — 
and that said Stephen Hall in his said Capacity, be and he 
is hereby authorized & empowered to sell & convey the 
whole of said real estate at public Auction, and good & 
sufficient Deed or Deeds of conveyance thereof to make 
& execute in his said capacity, which Deeds when duly 

• Not printed in previous editions. 



Resolves, 1794. — January Session. 285 

acknowledged & recorded shall make a legal title to the 
purchaser or purchasers thereof — provided, that said 
Stephen Hall first give Bond with sufiicient sureties to the 
Judge of Probate who granted said Letters of Guardian- 
ship, to observe the rules & directioDs of Law for the sale 
of real estate by Executors or administrators, and that the 
proceeds of the said sale, after payment of Just debts for 
the support of said minors and other legal expences and 
incidental charges, shall be put on interest on good 
security, and that the same shall be disposed of agreably 
to the rules of Law — for the Use and Ben [ej fit of the 
said Minors. * February 25, 1795. 

Chapter 95. 

RESOLVE ON THE PETITION OF JUSTIN STEELE, DIRECTING THE 
SECRETARY TO CERTIFY THE BALANCE DUE TO SOLOMON 
STEELE, DECEASED. 

On the Petition of Justin Steele Administrator on the 
Estate of Solomon Steele. 

Resolved that John Avery junr. Esqr. Secretary of this 
Commonwealth Certify to the Governor and Councel the 
Pay or arrears of Pay due to the said Solomon Steele Late 
a Soldier in Colo. Alden's Regiment ; and the Treasurer 
on Receiving a Warrant therefor is Directed to Issue his 
note or Notes to the said Justin Steele Administrator on 
the Estate of Solomon Steele in the same way and man- 
ner as has been Practiced in Paying other Soldiers for 
Similar Services. February 25, 1795. 

Chapter 96. 

ORDER ON THE PETITION OF THE INHABITANTS OF THE 
PLANTATION OF HANCOCK, DIRECTING THEM TO NOTIFY THE 
TOM^N OF FAIRFIELD, TO SHEW CAUSE. 

On the petition of the inhabitants of the Plantation of 
Hancock, in the County of Lincoln, praying that part of 
the taxes ordered to be assessed on said Plantation, by 
Tax, No. 6, may be abated to the said plantation, and 
charged to the town of Fairfield, by reason of said town's 
being set ofi" from the said Plantation, since the said tax 
was granted. 

Ordered, That the petitioners notify the town of Fair- 
field, by leaving with the Town-Clerk of said Fairfield an 



286 Besolves, 1794. — January Session. 

attested copy of their petition, with this Order thereon, 
thirty days at least before the second Wednesday of the 
first session of the next General Court, that they may then 
appear and shew cause, if any they have, why the prayer 
of said petition should not be granted ; and also why said 
town of Fairfield shall not pay their proportion of Tax, 
No. 5, laid on said plantation prior to the incorporation 
of said town ; and the Treasurer of this Commonwealth 
is directed to suspend execution for said taxes in the mean 
time. February 25, 1795. 



Chapter 97. 

RESOLVE ALLOWING THE ACCOUNTS OF AM ASA DAVIS, ESQ. 
QUARTERMASTER GENERAL. 

Agreeably to an Order of both Houses, the Committee 
on Accounts, have examined the i\.ccounts of Amasa Davis 
Esqr. Quarter Master General, for his time and every ex- 
penditure in that office, from 17 March 1793 to 17 Jan- 
uary 1795, and find the same to amount to £.3782 10 1 
from which is to be deducted the balance due from him 

on his last Account settled 17 May, 1793, . . £25110 7 
also for what he I'ecd. by two Warrants on the 
Treasury, one June 16, 1793 for £.600, and the 
other February 27, 1794 for £ 2000 . . . 2600 
and amount of Nails, and other Labour of the Con- 
victs at the Castle for the last year, . . . 679 3 11 



£.3530 14 6 



which leaves a balance due to said Davis of . . £.251 15 7 
— which is submitted. ^^i^^^^iiiiiiii^^^ 

JOSIAH STEARNS pr. order. 

therefore Resolved, that there be allowed and paid out 
of the Treasury of this Commonwealth, to said Amasa 
Davis, the sum of Two hundred and fifty one pounds 
fifteen shillings and seven pence, in full for the balance 
due to him, for his time and every expenditure in the 
Office of Quarter Master General from the seventeenth 
of March seventeen hundred and ninety three, to the 
seventeenth of January seventeen hundred and ninety 
five. February 26,1795. 



Kesolves, 1794. — January Session. 287 



Chapter 98. 

RESOLVE ON THE PETITION OF MOSES ELLIS, GUARDIAN TO 
HANNAH ELLIS, A MINOR. 

On the petition of Moses Ellis Guardian of Hannah 
Ellis a Minor. 

Resolved for the reasons set forth in said petition, that 
the said Moses Guardian as aforesaid, be and he hereby 
is authorized and empowered, to join with Caleb Ellis 
and Julitta Ellis joint devisees Avith said Hannah of One 
hundred and ten Acres of land with the buildings thereon 
situate in Waipole and three Acres and a half of Meadow 
in Dedham, in making sale of the said premises and with 
the said Caleb and Julitta to make and execute in behalf 
of said Hannah a good and sufficient deed or deeds thereof 
in fee to any purchaser or purchasers of the same. Pro- 
vided that the said Moses first give bond to the Judge of 
Probate for the County of Norfolk, with sufficient surety 
in a Sum equivalent to the value of Two thirds of the 
premises in the estimation of said Judge conditioned, 
that the said Moses shall put out on interest said Hannah's 
proportion of the proceeds of said sale on good security 
and shall account with said Minor therefor when of full 
age or married or at such other time as the said Judo;e 
shall direct. February 26, 1795. 



Chapter 99. 

RESOLVE ON THE PETITION OF ISAAC STERNS, GUARDIAN 
OF JOHN CLARK, A MINOR. 

On the Petition of Isaac Sterns Gardian of John Clark 
a minor Shewing that great inconvenience exists by rea- 
son of the present boundaries of a Lot of Salt marsh 
owned by the sd. minor adjoining Salt ma[r]sh of Francis 
Dana Esqr. 

Resolved that the Said Sterns Gardian as aforesaid be 
and he is hereby Authorised to alter the present Bounda- 
ries and agree to a new line between the Said minor's 
marsh and the Said Dana's and may take a release from 
the Said Dana to the Said Clark and Execute a Release 
as Gardian aforesaid of the Said minors Salt ma[r]8h to the 
said Dana so as to accommodate a Division line between 
the parties in the most convenient manner; provided 



288 Resolves, 1794. — January Session. 

' always that no Alteration of the present Boundaries shall 
be Valid till Approved of by the Judge of Probate for the 
County of Middlesex and all deeds of Release or grants 
Relative to Such alterations Shall be duly Executed and 
Recorded, which shall vest the fee of the lands so ex- 
changed in each party. February 26, 1795. 

Chapter 100. 

RESOLVE ON THE PETITION OF HANNAH PARISH, EMPOWER- 
ING HER TO SELL A MANSION HOUSE IN THE TOWN OF 
MANCHESTER, FOR THE BENEFIT OF A MINOR. 

On the Petition of Hannah Parish setting forth, that 
she has Administred on the estate of her late husband 
Rev'd Ariel Parish, which consists principally of a man- 
sion house situate in the town of Manchester, in the 
County of Essex, and that it will be beneficial to the heir 
of sd. estate, that it be sold, & the proceeds thereof, put 
out & secured to the heir on interest. 

Resolv'd That the said Hannah Parish be, and hereby is 
authorized, to sell, make & execute, under her hand & 
seal, sufficient deed or deeds of the aforesaid real estate, 
of the aforesaid Ariel Parish deceased, situate in the town 
of Manchester aforesaid, ^jrov/cZecZ the said Hannah Parish, 
first give bond, with sufficient sureties, to the Judge of 
Probate, for the County of Essex, to observe the rules & 
directions of the law, in the sale of real estates, by Execu- 
tors & Administrators, and to account for & make pay- 
ment, of the proceeds of the said sale, agreable to the 
rules of the law. February 26, 1795. 

Chapter 101. 

RESOLVE ON THE PETITION OF DAVID GRAY, GUARDIAN TO 
STEPHEN HOLT, A MINOR, EMPOWERING HIM TO MAKE 
SALE OF SAID STEPHEN'S INTEREST. 

On the Petition of David Gray (Guardian to Stephen 
Holt a Minor,) and others joining in the same Petition, 
and praying that the said David may be impowerd to sell 
the said Stephens Interest in the real estate of his late 
father Asa Holt, deceased situate in Andover in ye County 
of Essex. 

Resolved That the said David Gray be and he is hereby 
impowerd to make sale of the said Stephen's Interest and 



Kesolyes, 1794. — January Session. 289 

share in and of the real estate aforesaid and also to make 
and Execute a deed of the same to the purchaser, which 
deed shall have the same eifect and Operation in law which 
a deed of the same Interest and share would have if made 
and executed by the said Stephen when of twenty one 
years of age he the said David Gray guardian as aforesaid 
giving sufficient security to the Judge of Probate of the 
aforesaid County to account for the proceeds of the sale 
of the said Interest and share agreably to law relative to 
the personal estates of Minors. February 26, 1795. 



Chapter 101a.* 

ORDER ON THE PETITION OF TIMOTHY BAKER. 

On the Petition of Timothy Baker. 

Ordered that the Petitioner notify Roger West by Serv- 
ing him with an attested Copy of his Petition and this 
order thereon thirty Days at Least before the Second 
Wednesday of the first Session of the next General Court, 
to Appear on that Day, and Shew Cause if any he hath 
why the prayer of the Said Petition should not be granted. 

February 26, 1795. 

Chapter 103. 

RESOLVE ON THE PETITION OF JEFFRY RICHARDSON, AUTHOR- 
IZING THE TREASURER TO EXECUTE A DEED OF CONFIR- 
MATION OF THE LAND SOLD HIM BY A RESOLVE OF 25th 
MARCH, 1793. 

Whereas the Legislature of this Commonwealth by a 
Resolve passed the 25th day of March 1793 did empower 
Thomas Davis Esqr. to make sale of a certain peice of 
land in said Resolve described & to make and execute a 
good & sufficient deed thereof to Jetiry Richardson for the 
consideration of four hundred pounds — And whereas the 
said Thomas Davis did not consider himself authorized by 
said Resolve to execute a Deed to the said Jeffry of the" 
said Land in fee : 

Resolved That the said Thomas Davis be & he hereby 
is authorized empowered & directed to make and execute 
to the said Jetiry a deed of confirmation to the said Jeftry 
of thf same Land io said Resolve described to have & to 

* Not printed in previous editions. 



290 Resolves, 1794. — January Session. 

hold the same to him the said Jeffry his Heirs and Assigns 
forever without any other or further consideration than 
the said sum of four hundred pounds heretofore paid by 
the said Jeffry therefor. February 26, 1795. 



Chapter 103. 

RESOLVE ESTABLISHING THE PAY OF THE COMMITTEE ON 

ACCOUNTS. 

Resolved, that there be allowed & paid out of the Treas- 
ury of this Commonwealth to the Committee appointed to 
examine & pass on publick Accounts, for their service on 
that Committee, the present Session, in addition to their 
pay as members of the Legislature, viz., to the Hon. 
Josiah Stearns Esqr. for thirty four days attendence the 
sum of Eleven Dolhirs & Ninety Cents to the Honble. 
Wm. Jernigan Esqr. for thirty four days attendence the 
sum of Eleven Dollars & Ninety Cents to John Saunders 
Esqr. for twenty four days attendence the sum of Eight 
Dollars to Thos. Hale Jun. Esqr. for thirty days attend- 
ence the sum of ten dollars & fifty Cents And to Enoch 
Titcomb Esq. for thirty days attendence the sum of ten 
dollars & fifty Cents Which sums shall be in full for their 
servic[e js as aforesaid. February 26, 1795. 



Chapter 104. 

RESOLVE ON THE PETITION OF DANIEL SARGENT, GUARDIAN 
OF MARGARET M'CARTY AND SARAH M'CARTY, MINORS. 

On the petition of Daniel Sargent of Boston, Guardian 
of Margarett McCarty, and Sarah McCarty, minors. 

Resolved That the said Daniel Sargent be & He is 
hereby empowered to sell the undivided half part of the 
dwelling House & land mentioned in his petition for the 
most the same will fetch at public or private sale & to 
make & execute a good & sufficient Deed thereof to the 
purchaser — He the said Daniel Sargent giving good Secu- 
rity to the Judge of Probate for the County of Suffolk to 
account according to law for the proceeds of the sale with 
lawful Interest thereon from the time of sale. 

February 26, 1795. 



Resolves, 1794. — January Session. 291 



Chapter 105. 

RESOLVE AUTHORIZING THE SHERIFF OF THE COUNTY OF 
NORFOLK, TO REMOVE PRISONERS FROM BOSTON GOAL. 

Whereas according to a Provision of Law in that case 
made & provided there are at present confined in the Goal 
of the County of Suffolk certain Prisoners committed upon 
precepts directed to & executed by the Sherifi" and other 
Officers of the County of Norfolk on Account of there hav- 
ing been no Goal then erected in the said County of Nor- 
folk & whereas there is now erected a Goal in the said 
County of Norfolk : 

Resolved that the Sheriff of the said County of Norfolk 
be and he hereby is authorized & empowered to take into 
his Custody all such Prisoners & remove them & commit 
them to the Goal in the County of Norfolk there to remain 
in the same manner & circumstances as they would have 
done had they originally have been committed to the same 
Goal or as they otherwise would have been held in the 
Goal of the said County of Suffolk. 

February 27, 1795. 

Chapter 106. 

RESOLVE ON THE PETITION OF DR. JOHN WINGATE. GRANT TO 

On the Petition of John Wingate Praying that he may 
be Allowed for a mistake made in Settleing; his Clothing; 
Accounts with the Board of War. 

Resolved that there be Allowed & paid out of the Treas- 
ury of this Commonwealth the sum of Four pounds Six- 
teen Shillings in full for the Sum which was over Charged 
in Setling his Accounts as aforsaid. 

February 27, 1795. 



Chapter 107. 

RESOLVE ON THE PETITION OF THOMAS ADAMS. GRANT TO. 

On the Petition of Thomas Adams praying for an Alow- 
ance for the loss of time & Expence in Curing a wound 
received by the explosion of a Gun while under Arms by 
Command of his superior Officer. 

Resolved for reasons set forth in sd. Petition that there 
be alowed & paid to the said Thomas Adams out of the 



292 Resolves, 1794. — January Session. 

Treasury of this Commonwealth the sum of sixteen pounds 
five shillings in full for the loss & expence as aforesd. 

February 27, 1795. 

Chapter 108. 

RESOLVE APPOINTING A COMMITTEE TO ADJUST THE ACCOUNTS 
OF ALEXANDER HODGDON, ESQ. LATE TREASURER. 

On the Memorial, & Statements of Alexander Hodgdon 
Esqr. late Treasurer of the Commonwealth. 

Resolved, That Nathan Dane, Thomas Edwards & Enoch 
Titcomb Junr. Esqrs. be a Committee with full power 
to adjust, and finally settle all Matters of account, 
or dispute between this Commonwealth, and Alexander 
Hodgdon late Treasurer thereof, and that the said Comtee. 
be & they are hereby authorized and required to discharge 
the said Hodgdon, and his Bondsmen from all Debts, dues, 
and demands, on his paying into ye public Treasury such 
Balance as the said Comtee. may apprehend to be justly 
due to this Commonwealth. 

And in case ye said Comtee. cannot agree with ye said 
Hodgdon in the adjustment of his accounts with this Com- 
monwealth. 

Be it further resolved, that ye said Comtee. be, and they 
are hereby empowered & directed to have all Disputes & 
Demands between the Commonwealth, and ye said Hodg- 
don determined byReferrees agreable to ye Law entitled, 
"An Act for rendering ye Decision of civil Causes as 
speedy, and as little Expensive as possible." 

And be it further resolved. That ye said Comtee. shall 
be, and they are hereby authorized to agree with ye said 
Hodgdon, on judicious, and suitable Persons to hear and 
determine on ye Demands aforesaid, and that ye award 
of ye said Referrees when made, agreable to said Law, 
shall be conclusive and binding on ye Commonwealth. 
And upon ye Payment of such balances as may be found 
due to ye Commonwealth shall give a full discharge in ye 
behalf of ye Commonwealth, to the said Hodgdon & his 
Bondsmen, he paying the same as aforesaid. 

And be it further Resolved, That ye Treasurer of ye 
Commonwealth be, & he is hereby authorized and directed 
to lay before ye Referrees, to be appointed as aforesaid 
all such Books accounts, & Papers as may be necessary 
for their Inspection, in ye Bussiness aforesaid. 

February 27, 1795. 



Resolves, 1794. — Januakt Session. 293 



Chapter 109.* 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE 
TOWN OF FRANKFORT, AUTHORIZING THE TREASURER TO 
DISCHARGE SAID TOWN OF FRANKFORT, OF CERTAIN TAXES. 

On the Petition of the inhabatants of the town of 
Frankfort. 

Resolved for reasons set forth in said Petition that the 
Treasurer of this Commonwealth, be & he hereby is author- 
ized & Directed to Discharge said Town of Franl?;fort 
of one Hundred & fifty eight pounds fifteen shillings being 
said Town's proportion of Tax No. five : and that the sum 
of seventy six pounds Seven shillings & five pence, being 
the amount of Taxes : No. six : No. seven. No. eight & 
No. nine, be levied & Collected, from the polls & estates 
in the Towns of Frankfort, Prospect, & that part of 
Hampden, which was taken from said Town of Frankfort, 
in the same proportion as the Polls & estates fall within 
the respective Towns aforesaid, & the Treasurer is hereby 
Directed to stay Execution for the term of Twelve months 
for the sum last mentioned. February 27, 1795. 

Chapter 110. 

RESOLVE AUTHORIZING THE TREASURER TO SETTLE ALL 
ACCOUNTS WITH JOHN LOWELL, ESQ. 

On the petition of John Lowell Esq. Resolved that the 
Treasurer of this Commonwealth be authorized to settle 
all accounts subsisting between said Lowell & this Com- 
monwealth. February 27, 1795. 

Chapter 111. 

RESOLVE ON THE PETITION OF THOMAS M. WENTWORTH, IN 
BEHALF OF THE TOWN OF LEBANON. 

On the Petition of Thomas M. Wentworth in behalf of 
the Town of Lebanon praying that a bond given by the 
Selectmen of Said Town to the Treasurer of this Common- 
wealth for part of Said Towns proportion of No. five tax 
may be Cancelled. 

Resolved that the Treasurer of this Commonwealth be 

* Resolve printed in pamphlet editions incorrect, being text of a non-concurred 
resolve. The one here given is the resolve in a new draft, which passed both 
houses in concurrence. 



294 Resolves, 1794. — January Session. 

jind he hereby is empowered and Directed to Discharge 
the Bond in the Treasury office given by the Selectmen 
of the Town of Lebanon for part of the Said Towns pro- 
portion of Number five tax — Amounting to two hundred 
Seventy three pounds Seven shillings and Six pence — 
provided the Selectmen of the Said Town shall within 
eight months from the time of passing this Resolve pay 
into the Treasury of this Commonwealth in Discharge of 
Said Bond one hundred thirty Six pounds thirteen shil- 
lings and nine pence in Specie. February 27, 1795. 



Chapter 113. 

RESOLVE ON THE GOVERNOR'S MESSAGE RESPECTING THE 
CASTLE AND MAKING AN ESTABLISHMENT FOR THE OFFI- 
CERS AND PRIVATES OF SAID GARRISON. 

Whereas the establishment made for garrisoning Castle 
Island in the Harbour of Boston on the Eighth day of 
March 1792 expires on the Twenty first day of March 
next — and it is necessary that the said Castle should 
continue to be garrisoned : 

Therefore Resolved, that there be appointed and com- 
missioned for the purpose aforesaid One Capt. Lieutenant, 
One first Lieutenant One Gunner to be Commissioned as 
Second Lieutenant — One Chaplain — One Overseer of the 
Convicts, Four Serjeants, Four Corporals, One Drummer, 
One Fifer, and Fifty Privates to be properly formed into 
one Company : the non-commissioned Officers and Mat- 
rosses, to be enlisted for the term of three years, unless 
sooner discharged ; to do garrison and fatigue duty on said 
Fort, and not to be called off for any other purpose. 

And it is further resolved that the Officers & JNlatrosses 
who shall compose the said Company shall be allowed the 
following sums ^ month 

Captn. Lieutt. Thirty five Dollars. 

First Lieutt. nineteen dollars. 

Second Lieut, nineteen dollars. 

Chaplain twenty two dollars. 

Overseer of the Convicts Sixteen Dollars. 

each Serjeant eight dollars. 

each Corporal Seven Dollars & one third of a Dollar. 

each Drummer &> Fifer Seven Dollars & one third of a 
Dollar. 

Each Matross Six Dollars & two thirds of a Dollar. 



Resolves, 1794. — January Session. 295 

And each non commissioned oflScer and private in the 
said Com})any, shall receive one suit of cloaths a year, for 
each and every year they shall continue in said Service. 
And the pay of the said Officers and Matrosses shall be 
made to them quarter yearly, during the term aforesaid. 
And the said Officers & Soldiers shall be exempted from 
a poll Tax. 

And be it further liesolved, that the Chaplain who is or 
may be appointed to officiate on said Island, shall con- 
stantly reside thereon, and shall be provided with such 
Accomodations as are suitable to his character & station, 
and shall perform divine service by preaching to and pray- 
ing with the said Garrison, and such others as reside on 
the said Island every Lords Day, and also by praying 
with them every morning and evening, at proper and 
stated hours, unless necessarily prevented, or the Com- 
manding Officer shall Judge necessary to dispense with 
such attendance ; and to perform all other duties of re- 
ligion and piety that may best tend to promote Virtue and 
morality in the said Garrison. February 27, 1795. 

Chapter 114.* 

ORDER ON THE PETITION OF JAMES GINN, TO NOTIFY THE 
PROPRIETORS OF THE PLANTATION No. 2, EAST OF PENOB- 
SCOT RIVER, TO SHEW CAUSE, &c. 

On the petition of James Ginn praying that he may be 
impowered to construct Locks & Canals in the Branch of 
Penobscot river called Eastern river. 

Ordered that the petitioner notify the proprietors of 
})lantation Number two east of Penobscot River, by leav- 
ing an attested Copy of his jietition & this order thereon, 
with the Clerk of said proprietors forty days before the 
second Wednesday of the first session of the next Gen- 
eral Court — that they may appear & shew cause if any 
they have why the pra3^er of said })etition should not be 
granted. February 27, 1795. 

Chapter 115. 

RESOLVE ON THE PETITION OF JOHN FROST. GRANT TO. 

On the Petition of John Frost of plea^^ant-point, pray- 
ing for a Compensation in consequence of losses sustained 
by the Passamaquoddy Tribes of Indians. 

* No chapter 113. 



296 Resolves, 1794. — January Session. 

Resolved, for Reasons set forth in said Petition, That 
there be allowed & paid out of the Treasury of this Com- 
monwealth to John Frost the Sum of fifteen pounds in full 
compensation for the losses aforesaid : And the Governor 
with Advice of Council, is hereby requested to issue his 
Warrant upon the Treasurer for the aforesaid sum. 

February 28, 1795. 

Chapter 115a.* 

ORDER ON THE PETITION OF CHINA. SMITH & OTHERS, 

On the petition of China Smith & others praying that 
they may be exempted from the Laws respecting the fish 
calld. Alewives in Sheepscot River in the County of 
Lincoln. 

Ordered, That the Petitioners notify the Inhabitants 
living adjacent to said River by publishing their petition & 
this Order thereon in the [the ] publick newspapers called 
the Eastern herald & Eastern Star three weeks successively 
the last publication to be four weeks before the third 
Wednesday of the first session of the next General Court, 
that they may appear on sd. Wednesday & shew cause if 
any they have, why the prayer of said petition should not 
be Granted. February 28, 1795. 

Chapter 116. t 

RESOLVE ON THE PETITION OF JONATHAN MAYNARD, GUAR- 
DIAN OF NATICK INDIANS, CHARGING HIM WITH A BALANCE 
OF 486 DOLLARS, 57 CENTS. 

The Committee on Accounts, to whom was committed 
the petition of Jonathan Maynard, Guardian of the Natick 
Indians, praying that his accounts, in his said capacity, 
might be liquidated and settled, have attended that ser- 
vice — and report, that on settlement, they find that the 
said Guardian, hath in his possession, of the Estates of 
the followino; Indians, the sums followinor vizt. 

Dollars Cents. 

of the Estate of Hannah Brown one State Note of 

27 June 1794 for 241 79 

six months Interest reced. thereon Feby. 1795 . . 5 98 

Peter Twitchel's Note of 20 Decemr. 1793 . . . 17 87 



making, 265 64 



* Not printed in previous editions. 

t Erroneously chaptered No. 106 in Session Pamplilet. 



Resolves, 1794. — January Session. 



297 



of the Estate of Hannah Thomas Daniel Travis & 
Daniel Travis Junr's Note of 11 July 1791 for 

Ephraim Bacon's Note of 7 June 1785 for . 

and another Note of said Bacon's of 17 Fabry. 1783 
for 

Peter Twitchel's Note of 20 Decemr. 1773 for . 



Dollars Cents 



61 

72 



44 44 
9 35 



making, 186 



of the Estate of Lydia Speen's heirs Peter Twitchel's 
Note of 20 Decemr. 1793 



of the Estate of the heirs of Nathaniel Hill Samuel 
Abraham, & Elizabeth Tray, one State Note of 27 
June 1794 

Six months Interest reced. thereon Feby. 1795 . 

Peter Twitchel's Note of 20 Decemr. 1793 . 



. 186 


79 


Dollars 


1 Cents. 


! 6 


17 


Dollars, 


, Cents. 


40 


19 


1 


22 


6 


56 


47 


97 



of the Estate of the heirs of Mary Obscow Asa Drury's 
Note of November 1793 



20 



Making in the whole, the sum of 



Dollars Cents 

526 57 



and the Committee find that said Guardian has paid 
over to Hannah Brown in Cash & Cloathing . 

And he is hereby allowed fifteen Dollars in full for 
his time & expences in settling with the Adminis- 
trator on the Estate of Joseph Twitchel late Guar- 
dian, and all other services in his said Capacity, as 
Guardian to said Indians ...... 



25 



15 



40 



Which leaves a balance in said Guardians hands, be- 
longing to the several Indians, of four hundred 
eighty six Dollars & fifty seven Cents 



486 57 



which is submitted, 



JOSIAH STEARNS PR. order. 



Read & accepted — Thereupon Resolved that said 
Jonathan Maynard Guardian as aforesaid, be and hereby 
is charged with the aforesaid sum of four hundred and 
eighty six Dollars & fifty seven Cents, which he is to be 
accountable for. February 28, 1795. 



298 Kesolves, 1794. — January Session. 



Chapter 116a.* 

RESOLVE ESTABLISHING THE PAY OF THE CHAPLAIN AND 
CLERKS OF BOTH HOUSES. 

Resolved that there be allowed & paid out of the Treas- 
ury of this Commonwealth to the Revd. Peter Thachcr 
Chaplain of the Senate — Forty Dollars — and to the Revd. 
Saml. Stillman Chaplain to the House of Representatives 
Forty Dollars and to Samuel Cooper Esqr. Clerk of the 
Senate Two hundred & fifty dollars & to Henry Warren 
Esq. Clerk of the House of Representatives Two hundred 
& fifty Dollars in full for their services respectively for 
the present year — & that the Treasurer be & he is hereby 
directed on recieving a warrant therefor to pay the same 
out of the same funds & in the same manner as the Mem- 
bers of the Genl. Court are paid for their services the 
present session. February 28, 1795. 



Chapter llT.f 

RESOLVE ON THE PETITION OF DANIEL HORSFORD, AUTHOR- 
IZING ISRAEL JONES, ESQ. TO MAKE INQUIRY INTO THE 
TITLE WHICH THE SAID DANIEL HAS TO SAID LAND MEN- 
TIONED. 

On the Petition of Daniel Horsford praying that he may 
be })ermitted to pay the debt due to this Commonwealth 
on the Bond assigned by Caleb Hyde Esquire in other 
Lands than those Mortgaged by said Daniel to said Hyde 
& by him assigned to the Commonwealth. 

Resolved that Israel Jones Esquire who has been ap- 
pointed to collect said Debt of said Daniel, be & he hereby 
is authorized & impowered to make inquiry into the title 
which the said Daniel has to said land, &, if it shall appear 
that the said Daniel has not in fact a good title to the same 
to receive from him other sufficient security for said Debt, 
or to pursue such other methods for securing & collecting 
the said Debt as the said Jones may deem most for the 
interest of this Commonwealth. February 2S, 1795. 

* Erroneous)}' chaptered No. 106 in Session Pamphlet, 
t Erroneously chaptered No. 107 in Session Pamphlet. 



Resolves, 1794. — January Session. 299 

Cliapter 118.* 

RESOLVE ON THE PETITION OF JOSEPH CORDIS. 

Ui)on the Petition of Joseph Cordis Administrator on 
the Estate of William Wignall Stevens late of Charles- 
town deceased, praying for Authority to sell or exchange 
a certain Lot of Land belonging to the Estate of said 
Stevens, for the Benefit of the Widow & Children of the 
said Intestate. 

Resolved that the Prayer of said Petition be granted & 
that said Joseph Cordis in his said Capacity be & hereby 
is authorised & impowered to make Sale of the Land men- 
tioned in his said Petition & from the money arising from 
the same to purchase other real Property for the Benefit 
of the Widow & Children of the said Intestate, or to ex- 
change the same : The said Cordis complying with the 
Laws relating to the Sale of real Estates by Administra- 
tors & giving Bond previous to such Sale or Exchange to 
the Judge of Probate of the County of Middlesex for the 
faithful Discharge of his Duty in the Premises, & the due 
appropriation of the Proceeds thereof according to Law. 

Februartj28, 1795. 

Chapter llSA.f 

ORDER ON THE PETITION OF THE INHABITANTS OF THE TOWN 
OF MONTGOMERY. 

On the Petition of the Inhabitants of the Town of Mont- 
gomery setting forth that there stands charged against the 
said Town in the Treasury Books twenty two pounds & 
ten shillings called the New Emission tax granted in the 
year 1781, which tax was partly assessed on the Inhab- 
itants of the Town of Montgomery by the Assessors of 
the town of Norwich & that no seperate tax bill Avas ever 
sent to the Town of Montgomerv but that the towns of 
Norwich & Montgomery were chargeal)Ie equally & in 
Common with the payment of sd. Tax to be assessed by 
the Assessors of the Town of Norwich. 

Ordered that the Inhabitants of the Town of Mont- 
gomery notify the Inhabitants of the Town of Norwich to 

* Erroneously chaptered No. 108 in Session Pamphlet, 
t Not printed in previous editions. 



300 Resolves, 1794. — January Session. 

appear on the second Wednesday of the first session of 
the next General Court by leaving an Attested Copy of 
their Petition & this Order thereon with the Town Clerk 
of said Norwich thirty Days at least before the time herein 
prefix'd & shew Cause if any they have why they should 
not pay the Amount of the Ballance due which stands 
charged to the Town of Montgomery or their proportion 
of the said Ballance. February 28, 1795. 



Chapter 119.* 

RESOLVE ON THE PETITION OF WILLIAM SYMMS, GRANTING 
HIM £.16, FOR HIS SERVICES, AS MENTIONED. 

On the Petition of William Symms. Resolved that 
there be alloud, & paid out of the Treasury of this Com- 
monwealth, to William Symms the sum of sixteen pounds 
in full for his services and attendence as an attorney in 
behalf of the Commonwealth, in an Inquest of Office 
against Josiah Little for the Recovery of certain Lands 
in the County of Lincoln. February 28, 1795. 



Chapter IIOa.I 

ORDER ON THE PETITION OF ASAPH WHITE. 

On the Petition of Asaph White praying that a Tax may 
be laid on the Lands upon Hoosook Mountain for the pur- 
pose of makeing a publick Road over the Same. 

Ordered that the Proprietors of the unincorporated 
Land Calld. Bullocks Grant and Willards Grant lying 
in the County of Berkeshire, be Notifyed to Shew Cause 
(if any they have) on the third Wednesday of the next 
Session of the General Court why said Grants should not 
be taxed for the purpose of makeing publick Roads through 
the same, and that the Secretary be and is hereby directed 
to publish this Order in the Boston independent Chronicle, 
and Greenfield Gazette three Weeks successively previous 
to the third Wednesday of the next Session of the General 
Court. February 28, 1795. 

* Erroneously chaptered No. 109 io Session Pamphlet, 
t Not printed in previous editions. 



Resolves, 1794. — January Session. 301 



Chapter 120.* 

RESOLVE ON THE PETITION OF JOSIAH KENDAL, DIRECTING 
THE SECRETARY TO DELIVER ONE SET OF THE PERPETUAL 
LAWS IN SHEETS, AND ADAMS AND LARKIN'S LAWS AND 
RESOLVES, FOR THE USE OF THE TOWN OF STERLING. 

On the Petition of Josiah Kendal representing, that the 
town of Sterling have lost their Laws & Resolves by fire. 

Resolved that tiae Secretary of this Commonwealth be, 
& hereby is directed to furnish said town of Sterhng, by 
delivering them to the Representative thereof one volume 
in sheets of the perpetual Laws of this Commonwealth 
printed by Adams & Nourse. 

And be it further Resolved that the Printers Adams & 
Larkin be directed to deliver to the Representative of the 
aforesaid town of Sterling, for the benefit of said town, one 
sett of all other such Laws & Resolves which said printers 
may have in their possession being the property of this 
Commonwealth. February 28, 1795. 

Chapter ISl.t 

RESOLVE ON THE PETITION OF WATTS TURNER AND WILLIAM 
GOWEN, REFERRING THE CONSIDERATION OF THEIR PETI- 
TION TILL THE NEXT SITTING OF THE COURT AND STAY- 
ING EXECUTION IN THE MEAN TIME. 

On the petition of Watts Turner and William Gowen. 

Resolved that the prayer thereof be so far granted, that 
the further consideration thereof be refered to the next 
General Court, and that execution against them be stayed 
in the mean time ; and the Treasurer is hereby dii'ected to 
govern himself accordingly. February 28, 1795. 

Chapter 1334 

RESOLVE DIRECTING THE TREASURER TO SETTLE WITH THE 
MANAGERS OF THE STATE LOTTERY. 

Resolved that the Treasurer of this Commonwealth be 
& hereby is authorized to settle the accounts of the Man- 
agers of the late State Lottery, and upon their paying 

* Erroneously chaptered No. 110 in Session Pamphlet. 

t Erroneously chaptered No. Ill in Session Pamphlet. Taken from court 
record. 
X Erroneously chaptered No. 112 in Session Pamphlet. 



302 Kesolves, 1794. — January Session. 

into the Treasury such sum or suras of money as shall be 
respectively due from them or either of them as Managers 
of said Lottery to give them & their bondsmen a discharge. 

February 28, 1795. 

Chapter 123.* 

RESOLVE REQUIRING REGISTER OF DEEDS AND CLERK OF 
COURT OF COMMON PLEAS OF WASHINGTON CO. TO ACCOUNT 
WITH TREASURER. 

Resolved, that the Register of Deeds and the Clerk of 
the Court of Common Pleas, and Genl. Sessions of the 
peace for the County of Washington, be and they hereby 
are directed and required to account with the Treasurer of 
this Commonwealth, for the Monies ])y them respectively 
received for licences, granted to Innholders & Retailers, 
Admission of Attornies, and Duties payable on Deeds. 

February 28, 1795. 

Chapter ISSA.f 

ORDER ON THE PETITION OF AMOS WOOD. 

On the Petition of Amos Wood. 

Ordered that the Petitioner notify the Inhabitants of 
the Town of Concord by Leaving an attested copy of his 
Petition and this order ther[e]on with the Town Clerk of 
Said Town forty Days at Least before the third Wednes- 
day of the first Session of the next General Court — To 
appear by their Agents on the Said Day to Shew cause 
if any they have why the Prayer of the Said Petition 
should not be granted. February 28, 1795. 

Chapter 1344 

RESOLVE GRANTING 71 DOLLARS AND 75 CENTS TO THOMAS 
GREENE, FOR HIS SERVICES AS ASSISTANT CLERK IN THE 
SENATE. 

Mesolved That there be allowed & paid out of the public 
Treasury unto Thomas Greene assistant Clerk in the Senate 
Seventy one dollars & seventy five cents — in full for his 
services the present Session of the General Court. 

February 28, 1795. 

* Erroneously chaptered No. 113 in Session Pamphlet. 

t Not printed in previous editions. 

+ Erroneously chaptered No. 114 in Session Pamphlet. 



Resolves, 1794. — January Session. 303 



Chapter 135.* 

RESOLVE ON THE PETITION OF TIMOTHY ATKINS, AUTHOR- 
IZING THE TREASURER TO DISCHARGE THE WARRANT AND 
ANY OTHER WARRANT WHICH HAS BEEN OR MAY BE 
DRAWN FOR CLAIMS ON ABSENTEES' ESTATES, WITH A 
PROVISO. 

On the Petition of Tirao. Atkins praying for payment 
of a claim on the Estate of Benjamin Hallowell an absentee 
for which a warrant has been drawn on the Treasury. 

Hesolued that the treasurer be and he hereby is author- 
ised & impowered to discharge the said Warrant & any 
other warrant which has been or may be drawn on him 
for claims on absentees estates previous to the next Ses- 
sion of the General Court out of any unappropriated 
monies that he may have in the Treasury — pi'ovided that 
in no case the payments shall exceed the ballance remain- 
ing from the sale of the estate of the person against whom 
the claims were allowed. February 28^ 1795. 



Chapter ISG.f 

ORDER DIRECTING THE SECRETARY TO TRANSMIT PRINTED 
COPIES OF ACTS TO THE CLERKS OF THE COMMON PLEAS 
AND TREASURERS IN THE SEVERAL COUNTIES. 

Ordered, that the Secretary of the Commonwealth cause 
to be printed, & transmitted as soon as may be to the 
Clerks of the several Courts of General Sessions of the 
peace & to each County Treasurer within this Common- 
wealth a copy of an Act entitled " An Act in addition to 
an Act entitled ' An Act providing for the payment of 
costs in criminal prosecutions & for preventing unneces- 
sary costs therein,' " passed the present session — and that 
he also cause to be printed and transmitted as soon as 
may be to the Clerks of the several Courts of Common 
pleas a Copy of an act intitled ' ' An Act in addition to an 
Act defining the General powers & duties & regulating the 
office of Sherifl's " passed the present sessions. 

February 28, 1795. 

* Erroneously chaptered No. 115 in Session Pamphlet. 
t Erroneously chaptered No. 116 in Session Pamphlet. 



B04 Resolves, 1794. — January Session. 



Chapter 127.* 

RESOLVE ON THE PETITION OF JOSHUA HOLT, IN BEHALF OF 
THE TOWN OF ANDOVER, DIRECTING THE SECRETARY TO 
CORRECT A MISTAKE IN THE VALUATION AND GRANTING 
£.9 17 6 TO SAID TOWN. 

On the petition of Joshua Holt in behalf of the town of 
Andover, praying abatement upon taxes No. ten & eleven 
levied upon that town, in an undue proportion in conse- 
quence of a clerical mistake of seventy nine polls, in the 
last valuation. 

Be it therefore resolved, that the prayer of sd. petition 
be granted & that there be allowed & paid out of the pub- 
lic Treasury the sum of nine Pounds seventeen shillings & 
six pence to the Town of Andover, & that the Secretary 
be &, he is hereby directed to correct the mistake in sd. 
valuation, by deducting seventy nine polls set to said 
town in the books of the valuation and the sum of three 
shillings & three pence half penny from the sd. town's pro- 
portion on the thousand pounds in the last valuation. 

February 23, 1795. 



Chapter 138.t 

RESOLVE ON THE MEMORIAL OF MARTIN KINSLEY. 

On the Memorial of Martin Kinsley Agent on the Estate 
of Timo. Ruggles late of Hard wick a Conspirator praying 
that he may be ennabled to compell Certain Creditors to 
the sd. Ruggles's Estate to reimburse Monies in th[e]ir 
hands belonging to the Creditors of sd. Estate. 

Resolved That Daniel Bigelow Esqr. be joint Agent, 
with Martin Kingsley Esqr. on the above Estate and that 
in any case where it shall appear evident to the sd. 
Agents, that any individual Creditor shall have Reed, 
more than his equal dividend of sd. Estate, & is holden 
by any Law or Resolve of this Commonwealth, or by his 
own personal bond, to refund such overplus for the benefit 
of the other Creditors, & shall refuse so to refund the same, 
The sd. Agents shall be & they hereby are fully Author- 
ized to sue for & recover the same & shall pay it over, 
together with any other Money in their hands, (after 

* Erroneously chaptered No. 117 in Session Pamphlet, 
t Erroneously chaptered No. 118 in Session Pamphlet. 



Kesolves, 1794. — January Session. 305 

deducting the Expences of settling- sd. Estate) into the 
Treasury Office for the benefit of the sd. Creditors ; & 
shall make out an Accurate schedule of the ballance due 
to each Creditor, & lodge the same in the Office of the 
Secretary of this Commonwealth. February 28, 1795. 



Chapter 139.* 

GRANT OF £.50 TO THE JUDGES OF THE SUPREME JUDICIAL 

COURT. 

Resolved, That there be allowed & paid out of the pub- 
lic Treasury of this Commonwealth to each of the Justices 
of the Supreme Judicial Court, the sum of fifty pounds in 
addition to their salary for the Current year. 

February 28,1795. 



Chapter 139A.t 

ORDER ON THE PETITION OF JONATHAN. KNOWLTON. 

On the petition of Jonathan Knowlton in behalf of him- 
self and others, setting forth that he was a tenant in com- 
mon with Ebenezer Smith late of Edgarton in the County 
of Dukes County deceased to a certain tract of land on 
Sandy river, so called in the County of Lincoln, praying 
to be impowered to execute sufficient deeds of said lands 
to sundry persons who have a right to the same, notwith- 
standing the death of the said Ebenezer Smith ; also pray- 
ing that the heirs of the said Ebenr. might be prohibited 
from taking more of said lands, than according to the pro- 
portion of the purchase money paid by their father in his 
life time. 

Ordered that the said Jonathan Knowlton serve the 
heirs of the said Ebenezer Smith with an attested copy of 
his petition above mentioned with this order thereon three 
weeks at least before the third Wednesday of the first Ses- 
sion of the next General Court, that they may appear at 
that time and shew cause, if any they have, why the i)rayer 
of the said petition should not be granted. 

February 28, 1795. 

* Erroneously chaptered No. 119 in Session Pamphlet. 

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



306 Resolves, 1794. — January Session. 



Chapter 130.* 

RESOLVE ON THE MEMORIAL OF THE QUARTER MASTER GEN- 
ERAL, DIRECTING HIM TO PROCURE FIVE PAIR BRASS 
FIELD-PIECES. 

The Committee of Both houses appointed on the Rep- 
resentations of Amasa Davis Esqr. Quarter Master Gen- 
erall have attended tliat service and beg leave to Report 
by way of Resolve which is Submitted. 

JONA. WARNER ^ order. 

Resolved that the quartr. Mastr. Genl. be direckted to 
procure five pair of Brass three pound Feild pieces Car- 
rages and apperatus compleat for the Feild. 

Resolved that the Quartr. M. Genl. pay to the Com- 
manding officers of the Artilery Companies their accounts 
for money they have paid for Powder expended in Obe- 
dianc to Orders, pursuant to the Act for regulating the 
Militia of this Comonwealth passed in June 1793, in case 
the quantity Expended does not Exceed fifty pounds for 
one year for a Company. 

Resolved that there be paid out of the Treasury of this 
Common Wealth seven thousand five hundred dollars to 
Amasa Davis Esqr. Quarter Master Generall to Enable 
him to Carry the Orders of Government into execution 
he to be accountable for the Expenditure of the same. 

Read & accepted & resolved accordingly. 

February 28, 1795. 

Chapter ISl.f 

RESOLVE CONTAINING DIRECTIONS TO THE COMMITTEE FOR 
THE SALE OF EASTERN LANDS. 

Whereas an order passed the two houses of the legis- 
lature the 2d of Feby. instant directing the Committee on 
the sale of Eastern lands to suspend further sales thereof 
and it appearing that previous to said day said committee 
had entered into various negotiations with sundry persons 
for the sale of several parcels of said lands — the particular 
terms stipulations and conditions of some of which were 
fully concluded and agreed upon by both parties before that 

• Erroneously chaptered No. 120 in Session Pamphlet, 
t Erroneously chaptered No. 121 in Session Pamphlet. 



Resolves, 1794. — January Session. 307 

time and of others the same then remained undecided 
upon : therefore 

Resolved that said Committee be and hereby are directed 
to suspend all further sales of said lands and they are 
hereby directed to proceed no further in treating negoti- 
ating or agreeing with any party whatever respecting any 
sale the terms of which were undecided as aforesaid — 
until! the further order of the General Court. And as to 
all bargains definitively concluded and agreed upon as 
aforesaid between said Committee and any applicant pre- 
vious to said 2d of Feby. said Committee are hereby 
directed on their part to fullfill and perform the same 
and to make and execute the necessary conveyances any 
thing in these resolves contained to the contrary notwith- 
standing. 

And It is further Resolved that said Committee be and 
hereby are directed to form and Compleat a report of all 
their doings and proceedings as a Committee from the 
first of their appointment to the time of making said 
report and in such manner as to exhibit to view the whole 
quantity of land sold to whom sold & conditions upon 
which sold money or other consideration received or due, 
and when payable for the same and disbursements of every 
kind respecting the same — the situation and probable 
quantity of all the land in the District of Maine belonging 
to the Commonwealth accompanied with an explanatory 
plan and all other circumstances relative thereto which 
they shall think of sufficient importance to note and lay 
the same before the next general Court on the second 
Wednesday of the first session thereof. March 2, 1795. 

Chapter 133.* 

(ROLL NO. 3L) 

The Committee on Accounts having examined the Ac- 
counts they now present — Report, that their is due to 
the Towns and persons hereafter mentioned, the sums set 
to their names respectively, which if allowed and paid, 
will be in full discharge of said Accounts to the dates 
therein mentioned. 

JOSIAH STEARNS ^ Order. 

» Erroneously chaptered No. 122 in Session Pamphlet. 



308 Resolves, 1794. — Jaitoary Session. 



Expellees of maintaining the Poor of the Gommon-ivealth. 

To the Town of Abbington for supporting Edmund 
Broughton & John Henry Binner to the 1 January 1795 
including Doctors Bills £.14 12 4 — also for short £. s. d. 
cast on their last Acct. in Roll No. 80 £.10. . . . 24 12 4 

To the Town of Attleborough for supporting sundry 
paupers from 12 Jany. 1794 tol2 Janry. 1795 — includ- 
ing Doctors Bills 65 13 8 

To the Town of Adams for supporting sundry pauj^ers 

to the 17 Jany. 1795 including Doctors Bill . . . 5 10 2 

To the Town of Andover for sup]3orting sundry j^aupers 
from 1 March 1794 to 7 Febry. 1795 including Doctors 
Bills 58 10 5 

To the Town of Acton for supporting Cezar Thompson 

to 30 Jany. 1795 3 16 8 

To the Town of Brookfield for supporting Michael 

Conner & William Anthony to 1 Jany. 1795 . . 4 12 

To the Town of Bridgewater for supporting John Jess 

fi-om 1 Feby. 1794 to 1 Febry. 1795 .... 9 11 

To the Town of Berwick for Expences of George Mont- 
gomery in 1794 14 

To the 'I 'own of Beverly for supporting Moi-ris Nash & 

others from 1 Feby. 1794 to the 1 Jany. 1795 . . 43 13 8 

To the Town of Blandford for supporting James Carter 

to 22 December 1794 22 19 2 

To the Town of Boxborough for supporting John Ken- 
nedy from 2 Jany. 1794, to 2 Janry. 1795 . . . 19 10 

To the Town of Belchertown for Doctr. Estes Howe's 

bill for James & Maiy Berry to IMarch 1794 . . 1 15 7 

To fne Town of Chilmark for supporting Timothy 

Greens family Jany. to 4 October 1794 . . . 23 17 6 

To the Town of Barre for suppoi'ting sundry paupers 
to 1 Janry. 1795 31 19 8 

To the Town of Boston for supporting sundry paupers 
from 1 June 1794 to 1 December 1794, W two Ac- 
counts £.222 13 3 «& £.252. 2 474 13 5 

To Samuel Whitwell for his care of the State paupers 
in the Alms house in Boston fi'om 1 June to 1 Decem- 
ber 1794, W two Accts 34 19 

To the Town of Boylston for supporting Susannah Green 

and Topsail, a black man to 4 Feby. 1795 . . . 18 17 

To the Town of Chelmsford for supporting Thomas 

Grant & wife from 31 Deer. 1793 to 8 Octr. 1794 . 13 3 

To Mary Cutter for supporting a Child from 1 March 

1794 to 6 Jany. 1795 6 12 

To the Town of Concord for supporting VVillm. Shaw 
& others from Deer. 1793 to 31 Jany. 1795, including 
DoctorsBills — 18 3 5 &8 5 1 26 8 6 

To the Town of Colerain for sundry paupers to Janu- 
ary 1795 including Doctor's Bills 7119 11 

To the Town of Dedham for sujiporting svmdry jjauijers 

from 1 Jany. 1794 to 1 January 1795 . . . . 52 19 6 



Resolves, 1794. — January Session. 309 

To the ToAvn of Dighton for Doctoring John Willson 
from 28 Octr. 1794 to 2 Jany. 1795 — ^ Doctr. Willm. £. s. d. 
Baylies acct 1 15 6 

To the Town of Dudley for supporting Naomi Cady to 
24 Jany. 1795 3 6 & Susanna Smith to 12 Feby. 
1795 1 16 5 2 

To the Town of Duxbury for supporting Edward 

Broughton from 16 Octr. to 28 December 1794 . . 3 18 6 

To the Town of Dorchester for supporting Scipio from 

21 Feby. 1794 to 3 Jany. 1795 15 

To the Town of Dracut for supporting John Hancock 
from 9 June 1794 to 7 Jany. 1795 including Doctors 
Bill 13 4 

To the Town of Egremont for supporting Widow Day- 
ley from 7 Nov. 1793 to 2 Jany. 1795 . . . . 33 8 6 

To the Town of Easthampton for supporting Rebecca 

Gardner from 20 May 1793 to 1 Jany. 1795 . . . 16 12 

To the Town of Franklin for supporting William Free- 
man to 14 Jany. 1795 4 9 

To the Town of Freeport for supporting sundry jiau- 
pers to 1 Jany 1795 32 1 6 

To the Town of George Town for supporting sundry 
paupers from 19 Janry. 1794 to 19 Jany. 1795 . . 69 17 4 

To the Town of Green for supporting John Chandler 

from 1 Jany. 1794 to 1 Jany. 1795 . . . . 14 10 

To the Town of Greenfield for supporting John McHard 

from 1 March 1794 to 1 Novr. 1794 . . . . 8 15 

To the Town of Gloucester for supporting sundry pau- 
pers from 1 May 1794 to 1 Jany. 1795 . . . . 126 

To the Town of Great Barrington for supporting Abbis 
O'Conner and Negroe Tom from 1 Feby. 1793 to 16 
Jany. 1795 22 2 

To the Town of Groton for supporting sundry paupers 
to 10 Janry. 1 795 71 10 4 

To the Town of Hardwick for supporting Thomas Oakes 

from 1 Nov. 1794 to 1 Jany. 1795 .... 239 

To the Town of Hallovf el for supporting Rachael Cum- 

mings from 8 May 1794 to 1 Jany. 1795 . . . 17 1 

To the Town of Hadley for supporting Mary Battis from 

1 Jany. 1794, to 1 Jany. 1795 7 16 

To the Town of Holliston for supjiorting Elizabeth 
Taylor & Daughter from 17 Octr. 1792 to 16 April 
1794 25 7 

To the Town of Hannover for supporting Manuel Free- 
man's family from 30 July to 30 Deer. 1793 including 
Doctors Bill .' , . 1 1 17 6 

To the Town of Hopkinton for supporting Patience 
Bondily & Anna Fanning from 1 Feby. 1794 to 1 Feby. 
1795 13 2 

To the Town of Lancaster for supporting Richard Fatten 

from 7 Jany. 1794 to 10 Feby. 1795 . . . . 23 8 

To the Town of Lincoln for supporting Wm. Oar, from 
23 March to 27 Octr. 1788, £.2 12 6. also for Doct. 
Richard Russels two Accts for Doctoring Thankful 
Kennedy & Thos. Focock — 4 3 7, from 1784 to 1790 
#' order of Court 6 16 1 



310 Kesolves, 1794. — January Session. 

To the Town of Medfield for supporting George Turner £. s. d. 

up to 1 Jany. 1795 1 10 

To the Town of Machias for supporting Andrew Moran 
from 18 March 1794 to 15 Jany. 1795 including Doct. 

Wm. Albees Bill 27 14 

To the Town of Medway for supporting Elisha Ellis 

from 7 Sep. 1793 to 5 Jany. 1795 21 17 2 

To the Town of Maiden for supporting William Barton 

& Family from Feby. 14, 1794 to the 1 November, 1794 9 5 

To the Town of Milton for supporting Hannah Green to 

27 Jany. 1795 including Doctor's Bill .... 9 18 

To the Town of Monson for supporting James Johnson 

from 22 March 1794 to 12 Jany. 1795 .... 3 12 

To the Town of Mansfield for supporting Hugh McPher- 

sons family to 11 Feby. 1794 3 16 2 

To Joseph Manning for Medicine & Attendance on Peter 

Lowe & Wife to 5 June 1794 1 19 10 

To the Town of Norton for supporting Joseph Pratt 
from 14 Octr. 1793 to 14 Octr. 1794, including Doctor's 

Bill . 15 15 6 

To the Town of Newbury Port for supporting sundry 
Paupers from 1 Jany. 1794 to 1 Jany. 1795 including 

Doctors Bills 352 17 7 

To the Town of New Salem for supporting Jesse Obe- 

dient's family to 26 Janry. 1795 10 4 

To the Town of Northampton for supporting sundry 

paupers from the year 1794 — to 1 Jany. 1795 . . 31 14 6 
To the Town of Newbury for supporting sundry paupers 

from 1 Janry. 1793 to 1 Jany. 1795 . . . . 141 18 4 
To the Town of New Bedford for supporting Phillip 

Mason to 1 Jany 1795 11 19 2 

To the Town of Oxford for supporting a Campbell 

family in 1793 1 18 6 

To the Town of Oakham for Doctr. Spencer Field's bill 

for Doctoring Robert Thompson & family to Sep. 1793 6 3 
To the Town of Pembroke for supporting sundry pau- 
pers to 1 Janry. 1795 41 14 2 

To the Town of Plympton for supporting Simon Brow 

& Hannah Mitchel from March 1793 to March 1794 . 15 13 2 
To the Town of Pepperel for supporting John Waters's 
family from 9 June to 18 Octr. 1794 including Doctor 

Lawrence's bill . 13 16 

To the Town of Pittsfield for supporting George Walker 

to 12 Deer. 1794 11 6 11 

To the Town of Portland for supporting sundiy paupers 
to 9 Jany. 1796 including Doctr. Thomas & Doctr. 

Ervings bills 43 18 4 

To the Town of Patridge field for supporting Mary Lace 

from 24 Feby. 1794 to 16 Feby. 1795 . . . . 17 17 
To the Town of Plymouth for supporting sundry paupers 

to 1 Febry. 1795 27 19 3 

To the Town of Readfield for supporting Rebecca Clark 

from 6 May to 11 July 1794 4 2 

To the Town of Rehoboth for supporting Richard Bol- 
ton & family from 1 Jany. 1794 to 1 Jany. 1795 . . 5 12 
To the Town of Roxbury for suppoi'ting sundry paupers 

from 1 Jany. 1794 to 1 Jany. 1795 . . . . 51 12 



Resolves, 1794. — January Session. 311 

To the Town of Raynham foi- supporting Alexander £. s. d. 
Larow from 1 Jany. 1794 to 1 Jany. 1795 . . . 2 18 6 

To the Town of Reading for supporting Joseph Pervoo 
to 12 June 1794 & Samuel Bancroft to 25 Jany. 1795 
& Thos. Grant to 1 Feby. 1795 including Doct. Harts 
Bill 38 5 7 

To the Town of Somerset for supporting Esther Church 

& Israel Waterman from 25 Jany. 1794 to 1 Jany. 1795 12 4 8 

To the Town of Swansey for supporting Penelope War- 
shanks & Deborah to 1 Janry. 1795 .... 769 

To the Town of Salem for supjoorting sundiy j)aupers 
from 1 Jany. 1794 to 1 Janry. 1795 . . . . 485 16 4 

To the Town of Spencer for supporting David Chamber- 
lain from 6 April 1794 to 1 Jany. 1795 . . . 12 7 4 

To the Town of Stoughton for supporting sundry j)au- 

pers from 6 Feby. 1793 to 9 Feby. 1795 . . . 48 5 

To the Town of Shelburne for suj^porting Selah Bates 

family to 16 Jany. 1795 12 12 8 

To the Town of Southwick for supporting George Reed 

to 27 Jany. 1795 16 18 

To the Town of Shirley for supj)orting John Kelly to 

12 Jany. 1795 10 10 2 

To the Town of Stockbridge for sujjporting sundry pau- 
pers to 1 Jany. 1795 . 19 7 8 

To the Town of Sturbridge for supporting Sarah Dun- 
ham from 24 Feby. to 25 April 1794 including Doctors 
Bill 8 11 4 

To the Town of Springfield for supporting sundry pau- 
pers to 22 Jany. 1795 including Doctors Bills . . 15 7 7 

To the Town of Situate for supporting sundry Pauijers 

to 2 Feby. 1795 including Doctor Otis Bill . . . 35 8 5 

To the town of Tukesbury for supporting Patrick Flem- 
ming from 6 Novr. 1793 to 7 May 1794 including Doctr. 
Kitteridges Bill 17 6 4 

To the Town of Uxbi'idge for Supporting Betty Trifle 

from inth of May 1794 to the 5 January 1795 . . 16 10 

To the Town of Woburn for supjjorting John Cook from 

19th Aug. 1794 to 10 Octr. 1794 5 5 8 

To the Town of Watertown for supporting Samuel 

Copps till he died in June 1794 1 13 10 

To the Town of Williamstown for sui^ijorting Rachel 
Galasha & John Hamsley to 16 Jany. 1795 including 
Doctors Bills 51 3 2 

To the Town of Westborough for supporting John Scud- 
more from 12 June 1794 to 12 Feby. 1795 . . . 14 5 6 

To the Town of Worcester for supporting sundry pau- 
pers to 27 Jany. 1795 — including Doctoi's Bills . . 37 7 8 

To the Town of Westhampton for supporting Chariot 

Brewer's Child to 1 Jany. 1795 8 18 5 

To the Town of West Springfield for supporting sundry 

paupers to 1 Jany. 1795 18 3 6 

To the Town of Westfield for supporting William Davis 
from 1 Jany. 1794 to 1 Jany. 1795 . . . . 18 2 

To the Town of Warwick for supporting Philip Boyles 

family from 19 Jany. 1794 to 19 Jany. 1795 . . 16 4 

To the Town of Walpole for suppoiting Patrick Han- 
cock & Sal Davis to Janry. 1795 21 7 



312 Resolves, 1794. — January Session. 

To Nathaniel Wade, keeper of the house of Correction 

in the County of Essex for supporting sundry paupers £. s. d. 

Insane &c. to 1 Febry. 1795 55 14 9 

To the Town of West-tern, for supporting John Keen to 

1 Jany. 1795 700 

£3452 5 10 

Doctor s Bills for innoculaling sundry Persons with, the Small Pox 
in the Toivn oj Boston in 1792 allowed by Order of Ooverment. 

. £.10 7 

3 12 

3 3 

18 

8 11 

9 9 
17 11 

17 

9 

6 18 6 

7 13 

1 16 
17 2 
11 14 
21 3 
11 14 



To Nathl. W. Api^leton for medicine & attendance 

To Abijah Cheever for Do. Do. 

To Samuel Danforth 

To John Fleet 

To Samuel Haywood " " 

To Doctor Insley " " 

To Thorns. Kast 

To James Pearson " " 

To Isaac Rand " 

To Isaac Rand Junr. " " 

To Robert Rogerson " " 

To William Stimpson " " 

To William Spooner " " 

To Thorns. Welsh 

To John Warren " " 

To John Romans " " 



^.3602 15 4 
Miscellaneous Accounts. 

To John Allan for his time & Expences of attending a 
treaty with the Passamaquady Indians and other 
Tribes connected with them in 1794 — ^ acct . . £.100 4 

To Alexander Campbell for his time & Expences on the 

same business in 1794 . . . . . . . 69 3 6 

To George Stillman for his time and Expences on the 

same business in 1794 . . . . . . . 13 1 1 

To Seth Caldwell for expences of taking a Deed of a 
piece of Land to the Commonwealth for a Gun house 
in the Town of Barre 10 8 

To Adam Cotton for distributing State Warrants issued 
by Wm. Wedgery Esqr. by order of the Treasurer of 
the Common wealth . . . . . . 3 15 

To James Claj^p for repairing the hospital at Rainsford 

Island in 1794 3 5 

To Thomas Clark for his time & Expences attending as 

an Evidence in the Trial of Wm. Hunt Esqr. . . 1 16 

To William Fisk for his time & Expences attending as 

an Evidence in the same trial 116 

To Stephen Hall for his time & Expences attending as 

an Evidence in the same trial 2 5 

To Thomas Dawes & Jonathan Mason a Committee 
to examine & adjust the Accounts of Thomas Davis 
Treasurer of the Common wealth, and defacing Bills, 
p Resolve of Court passed 25 June 1794 each £.10 . 20 



Resolves, 1794. — January Session. 313 

To John Fessendens heirs for surveying Roads from £. s. d. 
Roxbury to Worcester in 1792 2 5 

To Abraham Foster for repairs on the State liouse in 

1794 7 11 6 

To Azov G. Archbald for his time & Exigences of attend- 
ing the settling of Alexander Hodgdon Accounts late 
Treasui'er of the Common-wealth from 4 August 1794 
to 14 January 1795 115 10 3 

To Thomas Edwards for his Time on the same business 
as one of the Committee api^ointed by the General 
Court 84 15 4 

To Jonathan Hastings for Postage of Letter's from IG 

March 1793 to 22 January 1795 68 2 4 

To Samuel Laha for his salary for keeping the Hospital 
on Rainsfords Island from 25 Jany. 1794 to 25 Jany. 
1795 & other Expences 24 17 5 

To Isaac Peirce for his Account of Fewel & other sup- 
plies for the Secratary's Office & Council Chamber 
from Sep. 1793 to 19 Jany. 1795, amounting to £.29 6 
— deducting £ 18 — he received out of the Treasury 
in September 1793 11 6 

To Joseph Prime for taking Inquisition on the body of 
George Montgomery in the County of York in Mai'ch 
1794 3 10 

To Thomas Patten for repairs in the Senate Chamber to 

Aug. 1794 117 

To John Stutson for repairs on the State House to 10 

Jany. 1795 35 8 3 

To Jeduthun Willington for taking Inquisition on the 

body of John Mc Fitch in Febry, 1794 . ... 406 

To William Widgery for Issuing Warrants to several 
Towns & plantations in the County of Cumberland in 
August 1794, by order of Treasurer Davis . . . 2 8 

To Mason & Winslow for Nails &c for the State house 

in Aug. 1794 173 

To Thomas Wallcut for making out Copies of the pay 

Roll this Session 14 

To Henry Coolidge for his Travel & Attendance, as an 
Evidence on the Trial of Wm. Hunt Esqr. by order of 
Goverment Feby. 1794 18 

To Samuel Fisk for his travel & attendance as an Evi- 
dence on the same Trial . . . . . . 18 

To Eli Jones his travel & attendance as a Witness in the 

same trial ......... 2 16 

To Josei^h Russell for his Travel & Attendence as a 

Witness on the same trial . . . . . . 2 16 

To Bradley Robinson for his Travel & attendence as a 

Witness on same Trial 18 

To John Wyman for his Travel & Attendance as a Wit- 
ness on said Trial . . . , . . . . 1 16 

To James White his Accot. of Stationary from Feby. 

1794 in full to 21st Feby. 1795 27 1 

To Daniel Cowing for his attendance on the General 
Court from the 12 Janry. to the 23d Feby. 1795—37 
days a 7/6, 13 17 6 

To William Cutter for his attendance as a Witness on 
the trial of Wm. Hunt Esqr 116 



314 



Kesolves, 1794. — January Session. 



To Elias Richardson for taking care of the Magazine Ǥ; 

public Stores in Cambrige from 1 Feby. 1794 to 1 £. s. d. 
Febry. 1795 800 



£.630 14 



Expences of the Militia. 

To James Avery for his Services as Brigade Major & 

Inspector in full to Jany. 1795 .... 
To James Ayer for his Services as Adjutant in full to 

Jany. 1795 

To Zacheus Bai-tlet (Adjutant) March 1st to May 1st 

1794 

To Joseph Brigham (Adjutant) in full to Jany. 1795 
To William Bull (Adjutant) in full to Jany 1795 . 
To William Bannister (Adjutant) in full to Jany. 1794 
To Jonathan Church (Adjutant) in full to Jany. 1795 
To Seth Catlin (Brigade Major & Inspector) from Jany 

1793 to Jany. 1795 

To Simeon Deming (Adjutant) in full to Jany, 1795 
To Stephen Dewey Jr. (Adjutant) in full to Jany. 1795 
To Russel Dewey (Adjutant) 1st March to 14 Novr, 

1794 

To Jesse Devenport (Adjutant) in full to Jany. 1795 
To William Fisk (Bi-igade Major &c.) in full to Jany 

1795 

To John Francis (Adjutant) in full to Jany. 1795 . 
To Josiah Gould (Adjutant) in full to Jany. 1795 . 
To Epaphras Hoyt (Adjutant) in full to Jany. 1795 
To Daniel Hartwell (Adjutant) in full to Jany. 1795 
To Cyrus Hosmer (Adjutant) in full to Jany. 1795 
To Timothy Jackson (Brigade Major &c.) in full to 

Jany. 1795 

To Cyrus Keith (Adjutant) in full to Jany. 1795 . 
To Jonathan Learned (Adjutant) in full to Octo. 1793 
To David Manning (Brigade Major &c.) in full to Jany 

1795 

To John Meacham (Adjutant) 1st March to Octo. 1794 
To Darius Munzer (Adjutant) in full to Jany. 1795 
To Volentine Martin (Adjutant) in full to Jany. 1795 
To Elijah Northrup, William Mellen, & Timo Whitney 

for their Attendance on a Court of Enquiry Sepr. 25, 

1794 as pr Roll 

To Jared Bradley, Ezekiel Stone, & Nathan Dillingham 

for their Attendance on a Court of Enquiry Novr. 7, & 

8, 1794 as pr. Roll 

To Joseph Pai'ker Junr. (Adjutant) Apl. 1794 to Octo 

1794 . . . . ' 

To Le-vi Parker (Adjutant) in full to Jany. 1795 . 
To John Punchard (Adjutant) in full to Jany. 1795 
To Asa Redington (Adjutant) in full to Jany. 1795 
To Ephraham Raymand (Adjutant) in full to Jany. 1793 
To John G. Rogers (Adjutant) in full to June 1794 
To Azariah Root (Adjutant) in full to Jany. 1795 . 
To Merrick Rice (Brigade Major &c.) in full to Jany 

1795 



£. s. 
13 19 


d. 



4 10 





3 13 
7 14 

5 11 

6 18 

7 6 


4 
6 


6 


30 17 
6 
5 12 


6 

6 


8 4 
13 8 


4 
6 


13 13 

3 17 

4 15 

5 12 

4 7 

6 10 





6 
6 



22 10 
7 18 
3 16 




8 



13 7 

6 12 

7 4 
3 12 





8 



2 5 4 



2 18 10 



16 
12 

4 
4 
9 



9 16 
16 15 



Resolves, 1794. — January Session. 315 

To Joel Reed, Nathl. Robinson & Ebenezer Bacon for 

their Attendence on a Court of Enquiry Novr. 11, 1793 £. s. d. 

as pr. Roll 1 12 

To Thorns. Simon, John Hervey, & Gilbert Leonard for 

their Attendance on a Court of Enquiry June 2, 1794 

as pr. Roll 1 10 

To O. Leonard, James Dean, & Job Godfry for their 

Attendance on a Court of Enquiry June 28, 1794 as 

pr. Roll 340 

To William Seaver (Brigade Major &c.) in full to Jany. 

1795 25 2 6 

To Henry Sewall (Dy. Adjutant Genl.) in full to Jany. 

1795 12 1 6 

To John Sarjent (Adjutant) June 1793 to Octo. 1794 . 4 16 

To John Smith (Brigade Major &c.) in full to Jany. 

1795 25 9 

To John Saunders (Brigade Maior &c.) in full to Jany. 

1795 . ... ... . . . 15 12 

To John Hathorne Esqr. & Others Members of Coiu't 

Martial held Deer. 1793 pr. Order Genl. Fisk Major 

Genl. 2 Div. as pr. Roll 6 

To William Stone (Adjutant) in full to Jany. 1795 . 7 

To Samuel M. Thayer (Brigade Major &c.) in full to 

Jany. 1795 20 

To Quincy Thaxter (Adjutant) in full to Jany. 1795 . 5 

To Eli Wheelock (Adjutant) in full to Jany. 1795 . . 4 

To Sampson Wood (Brigade Major &c.) in full to Jany. 

1795 15 

To John Whiting for Stationary supplied by Order Adjt. 

Genl. 1795 20 

To Asa Williams (Adjutant) in full to Jany. 1795 . . 6 

To William Wedgery (Adjutant) in full to Jany. 1795 . 16 
To James Williams Jr. (Adjutant) in full to Jany. 1795 4 

To Benjamin Warren (Brigade Major &c.) in full to 

Jany.'l795 13 5 

To Noah Hall & others for their Attendance on a Court 

Martial August 19, 1794, by Order Major Genl. 5th 

Div. exhibited by Benjamin Warren Brigade Major . 20 12 4 
To William Donnison Esqr. for his Services as Adjutant 

Genl. including Office Rent & every other Charge for 

the year 1794 160 

To Nathl. Freeman (Brigade Major &c.) in full to Jany. 

1795 

To Mulford Howes (Adjutant) in full to Jany. 1795 
To William Mansfield (Adjutant) in full to Jany. 1795 
To Henry Sweet Junr. (Adjutant) in full to Jany. 1795 . 



19 


11 


6 





10 





2 


9 








10 














5 


4 





1 


9 



Sheriffs Accounts. 

To Edmund Bildge, for his Services as Sherriflf, in dis- 
persing Precei^ts & retm-ning Votes for the Choice of 
Federal Representative Novr. 1794 & Jany. 1795 

To John Cooper (Sheriff) for dispersing Precepts & re- 
turning Votes for the Choice of federal Representative 
Novr. 1794 18 8 



13 4 

11 8 

5 3 

4 17 




8 



£.703 3 


7 


f £. s. 
19 13 


d. 




316 



Resolves, 1794. — January Session. 



To Joseph Dimmick (Sheriff) for returning Votes for £. s. d. 
the Choice of federal Representative Septr. 15, 1794 . 4 

To Joseph Hosmer (SheriJf) for dispersing destricting 
Acts, Precepts & making Returns of the Choice of fed- 
eral Representative Augt. to Jany. 1795 . . . 3 17 1 

To Richard Hunnewall (Sheriff) for disi^ersing Precepts 
& returning Votes for the Choice of federal Represent- 
ative Deer. 1794 13 12 

To Elisha Porter (Sheriff) for distributing Acts & re- 
turning Votes for the Clioice of Federal Representa- 
tives 1794 5 11 

To Benjamin Smith (Sheriff') for distributing Acts & re- 
turning Votes for the Clioice of federal RepresentaMve 
Novr. 1794 5 11 7 

To John Wait (Sheriff") for dispersing Acts & returning 
Votes for the Choice of federal Representative Augt. 
1794 to Jany. 1795 14 4 

To Simon Larned (Sheriff) for disiiersing Precepts & re- 
turning Votes for the Choice of federal Representative 
1794 7 19 



£.92 


15 


8 


£. 
476 


s. 
16 


d. 
6 



Priiiters Accounts. 

To Adams & Larkin for paper & printing from the 16th 
June 1793 to the 1st of July 1794 .... 

To William Butler for printing sundry Acts & Resolves 

in full to the 1st July 1794 19 2 

To Thoms. C. Gushing for printing sundry Acts & Re- 
solves in, full to July 1st 1794 2 12 6 

To Benjamin Titcomb for printing sundry Acts & Re- 
solve's in full to 1st July 1794 2 3 



For support of Paupers . 
Expences of Militia . 
Exigences of Sheriffs . 
Expences of printing. 
Expences Miscellaneous 

sum total 



£.500 14 





passed Fehy. 1795. 




£. s. 


d. 


3602 15 


4 


703 3 


7 


92 15 


8 


500 14 





630 14 


8 


£.5530 3 


3 



Read & accepted, & thereupon Resolved that His Ex- 
cellency the Governour with the advice of Council, be & 
he hereby is requested to issue his Warrant upon the 
Treasury, for the payment of the several Corporations & 
Persons borne on this Roll the sums set against such Cor- 
porations & Persons respectively amounting in the whole 
to five thousand five hundred & thirty Pounds three shil- 
lings & three pence February 26, 1795. 



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-SEVENTH 

DAY OF MAY, ANNO DOMINI, 1795. 



BOSTON : 

Printed at the State Press, by Adams & Larkin, 

Printers to the COMMONWEALTH. 

M,DCC,XCV. 



Reprinted by Wright & Poiter Printing Company, State Printers. 

1896. 



ACTS AND LAWS 

PASSED BY THE GENERAL COURT OF MASSACHUSETTS: 
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY, THE TWENTY-SEVENTH 
DAY OF MAY, ANNO DOBIINI, 1795. 



1795.— Chapter 1. 

[May Session, ch. 1.] 

AN ACT FOR EXTENDING THE TIME FOR RECEIVING ON LOAN 
THE DEBT OF THIS COMMONWEALTH. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same, that the Term for receiving on Loan the Dei3t Term extended. 
of this Commonwealth which hatli not been subscribed in 
pursuance of and conformable to an Act entitled, "An 
Act to provide for the Debt of this Commonwealth ; " and 
one other Act entitled, " An Act for appropriating Twelve 
Thousand pounds, part of Tax No. 11, to the payment of 
Interest on the funded & consolidated Debt of this Com- 
monwealth and for other purposes ; " be and hereby is 
extended to the first day of February next : and the Treasurer 
Treasurer of this Commonwealth hereby is authorized and •^^'^ected. 
directed to receive and admit subscriptions to the said 
Loan, of all such species of the said Debt as are in the 
said two Acts described, untill the said first day of Febru- 
ary next, in the same manner and on the same Terms as 
are in the said Two Acts provided & established. 

Approved June 3, 1795. 

1795. — Chapter 2. 

[May Session, ch. 2.] 
AN ACT TO CHANGE THE NAME OF WILLIAM SHELDEN OF HAD- 
LEY IN THE COUNTY OF HAMPSHIRE, TO THE NAME OF GILES 
CROUCH KELLOGG. 

Whereas JSnos Smith of Hadley in the County of Preamble. 
Hanvpshire, guardian to William Shelden of said Had- 



320 



Acts, 1795. — Chapter 3. 



ley, a minor, hath petitioned this Court, that the name of 
the said William IShelden may be changed, and altered to 
the name of Giles Crouch Kellogg, and the said William 
Shelden hath desired the same. 

Therefore he it Enacted by the Senate and House of 
Rejiresentatives, in General Court assembled, (£• by the 
Name changed, authority of the Same, that from and after the passing of 
this Act, the said William Shelden shall be, and hereby is 
authorized & impowered to take use, and bear the name 
of Giles Crouch Kellogg, instead of the name of William 
Shelden, and to be called & known by that name forever 
hereafter. Approved June 4, 1795. 



Preamble. 



1795. — Chapter 3. 

[May Session, ch. 3.] 

AN ACT, IN ADDITION TO AN ACT ENTITLED, "AN ACT TO PRE- 
VENT DAMAGE BEING DONE ON THE SALT MARSHES IN THE 
TOWN OF ARUNDELL IN THE COUNTY OF YORK, BY HORSES, 
SHEEP & CATTLE BEING SUFFERED TO RUN AT LARGE ON 
CERTAIN BEACHES, FLATS, AND NECKS OF LAND ADJOINING 
SAID MARSHES, FROM THE FIRST DAY OF APRIL TO THE 
LAST DAY OF NOVEMBER ANNUALLY "—: PASSED IN THE 
YEAR OF OUR LORD, ONE THOUSAND, SEVEN HUNDRED AND 
EIGHTY NINE. 



Whereas it appears that said Act is insufficient to anstver 
all the 2)urposes intended by it, as it is found by experience 
to be very detrimental for Sheep, Cattle & Horse kind to 
feed or run at large on said p)remises, not only from April 
to November annually, as is expressed in said Act, but at 
all Seasons of the Year : 

Be it therefore Enacted by the Senate dc House of Rep- 
reseiitatives in General Court assembled and by the 
Cattle, etc., not authority of the same, that from and after passing this 
to run at°ilrge. Act, it shall Hot be lawful for any of the Inhabitants of 
the Town of Arundell, or any other person or persons 
whomsoever, to turn out to feed, or let run at large any 
neat Cattle, Sheep or Horse kind on the Neck of Land 
called the Pines, or the Beach and Salt Marsh adjoining 
thereto, lying on the Northern & Eastern side of Batson's 
River so called, in said Town of Arundell, at any Season 
of the Year ; upon the same Penalties to be recovered, 
and the same proceedings had in manner and Form as is 
provided by the Act to which this is in addition. 

Approved June 8, 1795. 



Acts, 1795. — Chapters 4, 5. 321 

1795. — Chapter 4. 

[May Session, ch. 4.] 

AN ACT TO CHANGE THE NAME OF THE TOWN OF SHERBORN 
IN THE COUNTY OF NANTUCKET. 

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 Sherborn in the County of 
Nantucket, from and after passing this Act, shall be called Jhalged"'""^ 
and known by the name of Nantucket ; and the inhabi- 
tants of said town of Nantucket shall be bound to perform 
all duties, and also shall enjoy all the rights, priviledges 
and immunities, which they would have been held to per- 
form, or might have enjoyed, had not the name of said 
town been chanoed from the name of Sherborn. And all 
Officers in the said town shall hold and exercise their 
offices respectively, in the same manner they would have 
done, had not the name of the said town been altered. 

Approved June 8, 1795. 

1795. — Chapter 5. 

[May Session, ch. 5.] 

AN ACT TO INCORPORATE THE OWNERS OF CERTAIN LANDS 
IN STOUGHTON, IN THE COUNTY OF NORFOLK, FOR THE 
PURPOSE OF MANAGING THE SAME AS A COMMON AND 
GENERAL FIELD. 

Be it Enacted by the Senate and House of Representa- 
tives in Ge7ieral Court assembled, and by the authority of 
the same, that all that tract of meadow land lying in said Boundaries. 
Stoughton, included within the bounds following viz. ; 
beginning at Mashapog river, so called, in the line of the 
land of John Hartwell, from thence running westerly in 
the line of said Hartwell's land to the upland, from thence 
northwesterly, in the line of lands belonging to Joseph 
Cummins and Jonathan Hawes, to the line of the town of 
Sharon, from thence running northerly in the line of the 
said town of Sharon, to Neponset river ; from thence 
northeasterly by said Neponset river to the confluance 
thereof with the said Mashapog river, and from thence 
bounded by the said Mashapog river to the bound first 
mentioned, shall be considered as a common & general 
field ; and that the proprietors of the said meadow lands, 



322 



Acts, 1795. — Chapter 6. 



their heirs and successors be, and they hereby are incor- 
porated, and vested with all the powers and priviledges, 
which the proprietors of common and general Jfields by 
law are vested with. Approved June 15, 1795. 



Preamble. 



Names of own- 
ers. 



Common field. 



1795. — Chapter 6. 

[May Session, ch. 6.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS IN THE TOWN 
OF GRANBY FOR THE PURPOSE OF MANAGING A COMMON 
FIELD IN SAID TOWN. 

Whereas John Moody and others oiuners of land herein 
after described, have petitioned this Court to be incorpo- 
rated for the purpose of managing the concerns thereof; 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, that John Moody, Aaron Moody, Simeon Moody, 
Levi Taylor, Charles Ferry Junr., Asaph Stebbins, Noah 
Ferry junr., Eleazer Ayres, Aaron Ayres, Samuel Tol- 
man, David Abbee, Noah Clark, John Preston Junr., Jabez 
Preston, Abiather Vinton, Daniel Lathrop, John Birch- 
ard, Moses Preston, Josiah Montague, Elijah Smith, David 
Partrick, James Smith, and the heirs of Thomas Moody 
and John Stebbins, owners of the following lots of land 
in the town of Granby (viz.) The five first lots in the 
first crank division, so called, together with twenty four 
acres on the north side of, and adjoining to said lots 
owned by the persons before named, be & they hereby 
are incorporated for the purpose of managing said lands 
in a common field, and the proprietors and the owners of 
the lands aforesaid, are hereb}^ invested with all the 
powers and priviledges, which the proprietors of lands in 
general fields are by law invested with. 

Be it further Enacted, that each and every of the pro- 
prietors aforesaid, their heirs and assigns, shall be at full 
li])erty at any and at all times hereafter, to inclose and 
improve by themselves, any of their lands lying within 
the limits of the tract of land before described, in the 
same manner as if this act had not been made, they main- 
taining their respective proportions of the general fence 
around the same. Approved June 15, 1795. 



Acts, 1795. — Chapters 7, 8. 323 

179r>. — Chapter 7. 

[May SesBion, ch. 7.] 

AN ACT REPEALING A CERTAIN CLAUSE OF AN ACT INTITLED 
"AN ACT FOR THE ORDERLY SOLEMNIZATION OF MAR- 
RIAGES." 

Whereas in and by the Act intitled as aforesaid, among Preamble. 
other things the folloioing clause is enacted, viz, " And if 
it shall so happen, that any one or more of the said Jus- 
tices or Ministers shall not have johied together in ynarriage, 
any person dui'ing the course of the year then last past, it 
shall be the duty of such Justice or Minister, also to certify 
to the said Town Clerk, in ivriting under his hand, that 
he has not joined any persons in marriage within the 
course of the said year;" and a comjjliance 2vith the said 
clause is found inconvenient : 

Be it therefore Enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, that the before recited clause be, ciauBe re- 
and it is hereby repealed. Approved June 15, 1795. ^^^^ 

1795. — Chapter 8. 

[May Session, ch. 8.] 

AN ACT TO REGULATE THE SALE OF GOODS AT PUBLIC VENDUE, 
AND TO REPEAL ALL LAWS HERETOFORE MADE FOR THAT 
PURPOSE. 

Be it Enacted by the Senate <& house of Representa- 
tives in General Court assembled and by the Authority 
of the same, that from and after the first day of July next, Licence to be 
no person, unless he be licensed by the Major part of the 
Selectmen of the Town to which he belongs, shall sell at 
Public Vendue or Outcry, any goods or chattels whatso- 
ever ; And if any Person, without such license, shall sell 
any goods or chattels at Public Vendue or Outcry, he shall 
forfeit and pay a sum not exceeding six hundred dollars Penalty, 
for each Oifence ; and the Selectmen, or the major part 
of them, at a Meeting had for that purpose, are hereby 
empowered by a Writing under their hands, to license any 
suitable person or persons to make sale of Goods or 
Chattels in manner aforesaid ; for which license, the Per- 
son or Persons receiving the same, shall pay to the Select- 
men granting it for their use, the sum of Two dollars ; and 



324 



Acts, 1795. — Chapter 8. 



Penalty for 
Belling unlaw- 
fuUy. 



Auctioneers 
to keep account 
of sales. 



Penalties how 
recovered. 



Former laws 
repealed. 



Proviso. 



the Selectmen are hereby directed to record every Licence 
they may so grant, in a book to l)e by them kept for that 
purpose. 

And be it further Enacted, that if any Person or Per- 
sons thus licensed, shall receive any Goods for sale at 
Public Vendue or Outcry, of any Servant or Minor, know- 
ing such person to be a Servant or Minor, or shall sell 
any of his own Goods before Sun-rise or after Sun-set, at 
public Vendue or Outcry ; he shall forfeit and pay a sum 
not less than Fifty dollars, nor more than One hundred 
and Seventy dollars for each Offence : And every Person 
thus licensed, shall keep a fair and particular account 
of all Goods and Chattels sold by him as aforesaid, of 
whom the same were received, and of the names of the 
persons to whom the same shall have been sold. Pro- 
vided, that nothing in this Act shall extend to sales made 
by Sheriff's, Deputy-Sheriffs, Coroners, Constables, Col- 
lectors of Taxes, Executors or Administrators, or any 
other Person who already is, or hereafter may be author- 
ized or required by Law to sell Goods, Chattels or Lands 
at Vendue or Outcry. 

And he it further Enacted, that no Licence granted as 
aforesaid, shall be of any eft'ect to exempt any Person or 
Persons from the penalties incurred by any breach of this 
Act, unless such Licence shall have been made & granted 
within one Year next preceeding such sale. 

And he it further Enacted, that any penalty incurred as 
aforesaid, may be recovered by an Action of Debt in any 
Court of Eecord proper to try the same, and appropriated 
to the use of him, who shall first sue for the same. 

And, he it further Enacted, that all Laws heretofore 
made for regulating the sale of Goods & chattels at Public 
Vendue or Out-cry, excepting as before excepted, be and 
they hereby are repealed : Provided, that all Forfeitures 
& Penalties that may have been incurred by any breach of 
said Laws, shall & may be recovered in the same manner 
as though this Act had not been made. 

Approved June 16, 1795. 



estates set off. 



Acts, 1795. — Chapters 9, 10. 325 



1795. — Chapter 9. 

[May Session, ch. 9.] 

AN ACT TO SET OFF EBER SHELDON & SILAS FREEMAN JUNR. 
WITH THEIR ESTATES, FROM THE TOWN OF SHEFFIELD IN 
THE COUNTY OF BERKSHIRE, AND ANNEX THEM & THEIR 
ESTATES TO THE TOWN OF NEW-MARLBOROUGH IN THE SAME 
COUNTY. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority 
of the same, that Eber Sheldon and Silas Freeman junr. Boundaries of 
with their Estates, bounded as follows, — Beginning at a 
Stake and Stones in New Marlborough west line, it being 
the north-east corner of said Eber's land ; then running 
West, twelve degrees fourteen minutes North, one hun- 
dred rods to a stake and stones ; then west, four degrees ' 
forty minutes north, sixty-three rods to a stake & stones ; 
then running south, two degrees east, parallel with said 
Town-line, one Mile, one hundred & Sixty rods to a Ches- 
nut staddle with stones about it ; then east two degrees 
north, one hundred & sixty rods to a stake & stones in 
the east line of said Sheffield, it being the south east 
Corner of said Silas Freeman's land ; then Northerly on 
said Town line, one mile, one hundred & thirty rods to a 
Stake & stones, the northeast corner of said Eber Shel- 
don's land, be and they hereby are set off from the Town 
of Sheffield in the County of Berkshire, and annexed to 
the Town of New-Marlborough in the same County. 

Approved June 19, 1795. 



1795. — Chapter 10. 

[May Session, ch. 10.] 

AN ACT TO PROHIBIT, DURING THE MONTHS OF DECEMBER, 
JANUARY AND FEBRUARY, THE TAKING OF SALMON IN MER- 
RIMACK RIVER AND IN THE WATERS RUNNING INTO THE 
SAME. 

Be it enacted, by the Senate and House of Representa- 
tives, in General Court assembled and by the Authority 
of the same, that from and after the passing of this Act, 
no person, shall be allowed to catch any Salmon in Merri- 
mack River, or in the waters running into the same, dur- 
ing the Months of December, January and February ; and 



326 Acts, 1795. — Chapter 11. 

any person who shall offend herein, or who shall be found, 
during those Months, with any Salmon, which shall have 
been caught, contrary to the intent of this Act, shall for- 
feit and pay a sum, not exceeding twenty dollars, nor less 
than three dollars, to be recovered by Action of Debt, to 
the use of any person, who will sue for the same — or by 
indictment to the use of the County, in which the oflence 
shall be committed. Approved June 20, 1795. 

1795. — Chapter 11.* 

[May Session.] 
AN ACT FOR APPORTIONING AND ASSESSING THE SUM OF ONE 
HUNDRED AND FORTY NINE THOUSAND, SEVEN HUNDRED 
AND FIFTY NINE DOLLARS AND SEVENTY THREE CENTS. 

Whereas it is necessary to answer the exigences of Gov- 
ernment, that the Treasury of this Commomvealth should 
be supplied with the sum of One hundred and forty nine 
thousand, seven hundred and fifty nine Dollars, and 
seventy three Cents to he appropriated for the following 
purposes Viz. Twenty seven thousand Dollars to make up 
the deficiency in ap)p)ropriations already made for pay- 
ment of the interest of the public debt — One hundred six 
thousand four hundred and seventy Dollars arid fifty six 
Cents to defrey the common exigences of Government; 
and sixteen thousand two hundred and eighty nine Dol- 
lars, and seventeen Cents, to replace that sum drawn 
out of the Treasury, for payment of the Members of the 
House of Representatives for their attendance the two last 
sessions of the General Court. 

Be it therefore Enacted by the Senate, and House of 
Representatives in General Court assembled, <& by the 
authority of the same, that each Town, District, Planta- 
tion and other place herein after named, within this Com- 
monwealth, shall be assessed, and pay the several sums 
with which they stand respectively charged in the follow- 
ing schedule, which are hereby appropriated for the pur- 
poses mentioned in the preamble of this Act, Viz. 

* Not printed in session pamphlet. 



Acts, 1795. — Chapter 11. 



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Washington . 
Loudon 

Eleven thousand Acres 
Sandisfield 



Acts, 1795. — Chapter 11, 



335 



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336 



Acts, 1795. — Chapter 11. 





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Acts, 1795. — Chapter 11. 



337 





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338 



Acts, 1795. — Chapter 11. 



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Acts, 1795. — Chapter 11. 



339 



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340 



Acts, 1795. — Chapter 11. 



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Acts, 1795. — Chapter 11. 



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Worcester 

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Lincoln 

Hancock 

Washingto 

Norfolk 





344: Acts, 1795. — Chapter 11. 

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 within this Commonwealth, the 
Inhabitants whereof are taxed as aforesaid, requiring such 
Selectmen or Assessors respectively, to assess in Dollars 
& Cents the sum hereby set upon such town, district, 
plantation or other place, in manner following ; that is to 
say ; — All the Male Polls above the age of sixteen years, 
within their respective Towns, Districts, Plantations or 
other places adjoining them, belonging to no other town, 
district or plantation {provided such places were returned 
in the last valuation) all the Polls aforesaid, being Minors, 
Apprentices or Servants under the government of a master, 
or mistress, to be taxed to such master or mistress respec- 
tively at twenty eight Cents each ; and the remainder of 
such sum so set to each town, district, plantation or other 
place respectively as aforesaid, (after deducting the sums 
assessed on the polls as aforesaid) to assess on the Inhabi- 
tants of such town, district, plantation or other place as 
aforesaid, accordi'ng to the just value of the real Estate of 
each inhabitant of such town, district, plantation or other 
place respectively, by him, her or them possessed on the first 
day of May last, in his, her or their own right, or in right 
of others, lying within the said town, district, plantation 
or other place improved or not improved ; and on the non 
resident possessors of Real Estate lying within such Town, 
District, Plantation or other place in their own or the 
right of others, improved or unimproved, saving all agree- 
ments between Landlords & Tenants ; and where no 
agreement is, the Landlord to reimburse to such Tenant 
one half of such tax ; and also on the inhabitants of such 
Town, District, Plantation or othe[?'] place, and all other 
persons possessing estates within the same, according to 
the proportion of the amount of the just Value of their 
respective personal estates, including monies at interest 
more than they pay interest for, although the same be 
secured by an absolute Conveyance of Keal Estate, if a 
Bond of defeazance or promise of reconveyance has been 
given, and all other debts due more than they are in- 
debted for, monies of all kind on hand, public securities 
of all kinds, and bank stock held in any bank, according 
to the just value thereof, and also the just amount of the 
value of all goods, wares and merchandize, stock in trade, 



Acts, 1795. — Chapter 11. 345 

vessels of all sorts at home or abroad, with all their stores 
& appurtenances, mules, horses & neat Cattle, each of 
one year old & upwards, and swine of six months old & 
upwards, and all other property of the several kinds re- 
turned in the last valuation, (excepting Sheep, hous[e]hold 
furniture, wearing apparrel, farming utensils and tools of 
Mechanicks) on the said first day of May. And the As- 
sessors of the respective Towns, Districts, plantations and 
other places as aforesaid, shall estimate all the before 
enumerated articles at six per centum upon the real value 
thereof in the places where they are (excepting unim- 
proved Lands which shall be estimated at two per Centum 
where they are situated) and on the amount of the incomes 
of the Inhabitants within their respective precincts as 
aforesaid, from any profession, handicraft, trade or em- 
ployment, or gained by trading on 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, setting forth in distinct Columns against 
each person's name, how much he or she is assessed for 
Polls, how much for real estate, and how much for per- 
sonal Estate and income as aforesaid ; and if as Guardian 
or for any estate in his or her possession in trust to be 
distinctly expressed ; and also to insert in their Bate Bills 
the number of acres of unimproved Land, which they have 
taxed to each of the Non Resident Proprietors of Lands 
within their respective towns, districts, plantations or 
other places, and also the real value at which they have 
estimated the same ; and the list or lists so completed 
and signed by them in manner as aforesaid, or by the 
major part of them, to commit to the Collector, or Col- 
lectors, Constable or Constables of such town, district, 
plantation or other place respectively, with a warrant or 
warrants in due form of Law for collecting and paying the 
same to the Treasurer of this Commonwealth, on or before 
the first day of April next ; and also to return a Certificate 
of the Name or Names of such Collector or Collectors, 
Constal)le or Constables, with the sum total comm[m]itted 
to them respectively to collect, to the said Treasurer, some 
time before the first day of December next. 

And whereas there are many persons within this Com- 
monwealth, who are engaged in trade, and who almost 
entirely negociate their business, and hire shops, stores 
and wharves in other towns than where they dwell or re- 



346 Acts, 1795. — Chapter 11. 

side, and whose property & ability in this regard cannot 
be so well known to the Assessors of the several towns, 
districts, or plantations wherein such persons dwell, or 
reside, as to the Assessors of the several towns wherein 
their business is transacted as aforesaid : 

Be it therefore Enacted, that all such persons within the 
description aforesaid, shall be assessed by the Assessors 
thereof, and pay taxes for such of their goods, wares and 
merchandize, stock in trade, ships & vessels as are sold, 
used & improved in such Towns other than where they 
reside, 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 Estates respectively, to the 
Assessors of their respective Towns or places of Resi- 
dence, distinguishing what part thereof is rateable in other 
Towns ; and in default thereof, shall be doomed by the 
Assessors of such Towns or places where they respectively 
reside, or have their home. 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 other town was charged in the last 
valuation : 

Provided nevertheless, and Be it further Enacted, that 
the following persons, vizt. the President, Professors, 
Tutors, Librarian & Students of Harvard, Williams' & 
Bowdoin Colleges who have their usual residence there, 
and who enjoy no other pecuniary office or employment ; 
also Ministers of the Gospel, and Latin Grammar School- 
masters are not to be assessed for their polls and estates 
under their own actual management or improvement, lying 
in the Towns, Districts or Parishes where they are settled ; 
and also all persons who have the management or improve- 
ment of the Estates of Harvard College, Williams' Col- 
lege &. Bowdoin College in this Commonwealth, are not 
to be assessed for the same, nor Indians for their polls or 
Estates ; and if there be any others, who by reason of 
age, infirmity or poverty, are so far unable to pay as others 
towards the public charges, as that, in the Judgement of 
the Assessors they ought to be relieved in their Taxes, in 
any such case, the Assessors respectively may exem})t the 
Polls & Estates of such persons, or abate any i)art of 
what they are set at, as they on their Oaths, shall deem 
just & equitable. 

And be it further Enacted, that the Justices of the 
Peace at their several Sessions, in their respective Coun- 



Acts, 1795. — Chapter 11. 347 

ties, when duly authorized for the Assessment of a County- 
Tax, shall apportion the sanie on the several Towns, 
Districts, Plantations & other places in their respective 
Counties as aforesaid, in the respective proportions of 
this tax ; and the Assessors of each Town, parish, district 
or other place within this Commonwealth, in making- 
County, Town or Parish Taxes, shall govern themselves 
by the same rule, and assess the Polls in their respective 
towns or parishes, in the same proportions as the 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 
property as may happen within the same, subsequent to 
the assessing the Tax laid by this Act : Provided altvays 
that it shall & may be lawful for any Town, District or 
Plantation, to levy make and collect any County, Town 
or Parish tax, & for that purpose to cause a valuation to 
be taken at any time of the year, which the said Town or 
other place shall determine to be expedient at a legal 
town-meeting warned for that purpose : 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 & estates as aforesaid, within their 
respective Towns, and shall apportion the same in the 
same proportions at which such polls & estates shall be 
respectively set, for raising the sum of one hundred &, 
thirty three thousand, four hundred & seventy dollars & 
fift^^-six Cents. 

And be it further Enacted, that the Treasurer of this 
Commonwealth shall send his Warrant to the Sherritf of 
the County of Lincoln, requiring him to collect the sum 
by this Act assessed on the lands belonging to the Ply- 
mouth Company so called ; and shall issue his ^yarrant to 
the Sheriff of the County of Hancock, requiring him to col- 
lect the sums which by this Act are directed to be assessed 
on the Lands lying within the Claims of the heirs & assigns 
of the late Brigadier Waldo, of the Lincolnshire Com- 
pany or Twenty Associates, and of the Ten original Pro- 
prietors so called ; all which sums are to be collected in 
the same manner as Collectors or Constables ai'e author- 
ized & directed to proceed in collecting the taxes laid on 
non-resident Proprietors of unimproved 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 



348 



Acts, 1795. — Chapters 12, 13. 



by the Treasurer of this Commonwealth, on any Constable 
or Collector of this Tax for any part of the same. 

Approved June 22, 1795. 



Preamble. 



Committee em- 
powered. 



1795. — Chapter 13. 

[May Session, ch. 11.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT MORE 
EFFECTUALLY TO PREVENT THE DESTRUCTION OF THE FISH 
CALLED SHAD AND ALEWIVES, IN THE RIVERS AND STREAMS 
WITHIN THE TOWNS OF LYNN, READING AND LYNNFEILD" 
PASSED FEBRUARY TWENTY FOURTH IN THE YEAR OF OUR 
LORD ONE THOUSAND SEVEN HUNDRED AND NINETY FIVE. 

Whei^eas it is found necessary, that further provision 
should be made to answer the intended jjurposes, relative to 
the jpreservation of the Fish called Shad and Aleiuives in 
the Rivers and Streams aforesaid — 

Be it therefore enacted, by the Senate, and House of 
Hepresentatives in General Court assembled, and by the 
Authority of the same, that the Committees which may 
be appointed pursuant to the Act aforesaid, shall have 
their powers so far enlarged, as that they may remove, or 
cause to be removed all obstacles in the way of the return 
of said fish, from the Ponds which are the source of the 
rivers and streams aforesaid to the Sea, in the same man- 
ner that they may remove them in their way up to said 
Ponds. Approved June 23, 1795. 



Preamble. 



Boundaries. 



1795. — Chapter 13. 

[May Session, ch. 12.] 

AN ACT FOR INCORPORATING THE PROPRIETORS OF CERTAIN 
LANDS IN THE TOWN OF WILBRAHAM IN THE COUNTY OF 
HAMPSHIRE, FOR THE PURPOSE OF CONDUCTING THE CON- 
CERNS THEREOF AS A COMMON FEILD. 

Whereas Gideon Burt and others have petitioned this 
Court that the projirietors of the following described Lands 
may be incorporated for the purpose of conducting the con- 
cerns thereof as a common and general feild bounded as fol- 
loivs, beginning at the south side of the Boad leading from 
John Adams's divelling house to Springfeild on tlie west 
side of Cedar Sivamp (.so called) from thence hounding on 
the West side of said Swamp) and running southerly to the 
North line of Elisha Woodioard's Land, from thence ivest- 
erly on said Elisha Woodu-ard's JVbrth line Seventy tivo 
Bods, from thence South about one hundred Bods to the 



Acts, 1795. — Chapter 14. 349 

South line of said Gideon Burt's land, from thence West- 
erly on said. Gideon BurCs South line to the County Road 
nmning near the line of the outward and inward commons 
(so called) from thence on the Bast side of said County 
Road to the Road aforesaid leading from John Adams's 
dwelling house to Spring field from thence on the South side 
of the same Road to the first ^nentioned bounds. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the saine, that the proprietors of all the lands included 
within the lines aforesaid be, and they hereby are incor- Incorporated 
porated for the purpose of conducting the concerns thereof 
as a General and Common feild ; and the proprietors and 
owners of said Lands are hereby invested with all the 
powers and priveledges with which the proprietors of 
Lands in General fields by Law are invested. 

Approved June 23, 1795. 

1795.— Chapter 14. 

[May Session, ch. 13.] 

AN ACT FOR INCORPOTIATING A PART OF THE INHABITANTS OF 
THE TOWNS OF PARTRIDG[Jg] FEILD AND DALTON IN THE 
COUNTY OF BERKSHIRE, INTO A PARISH, AND FOR CONFIRM- 
ING THE SALE OF A CERTAIN LOT OF LAND THEREIN MEN- 
TIONED. 

Be it enacted by the Senate, and House of Represent- 
atives in General Court assembled, and by the authority 
of the same, that a certain tract of Land lying partly in Boundaries, 
the Town of Partridg[e] feild and partly in the Town of 
Dalton in the County of Berkshire bounded as follows, vizt. 
beginning at the South east corner of lot No. one hundred 
twenty one in the south line of Partridg[e] feild ; thence run- 
ning northerly in a direct line to the North east corner of 
Lot No. Seventy five in the North line of Partridg[e] feild ; 
thence westerly in the said north line of Partridg[e] feild 
to the North West corner of Lot No. seventy two in the 
north east corner of the Town of Dalton ; thence southerly 
in the east line in the said Town of Dalton to the south 
east corner of Lot No. Eight in the said Town of Dalton ; 
thence Westerly in the North line of Lot No. Nine and 
Lot No. thirty two to the Northwest corner of said Lot 
No. thirty two in the said Town of Dalton ; thence south- 
erly in a direct Line to the south east corner of Lot No. 
Sixty in the said Town of Dalton, thence easterly in the 



350 



Acts, 1795. — Chapter 15. 



Former sale 
confirmed. 



E. Pierce Esq. 
to issue war- 
rant. 



south line of said Dalton to the south east corner thereof; 
thence southerly in the West Line of Partridg[e]feild to the 
south west corner thereof; thence easterly in the south 
line of said Partridg[6]feild to the bounds begun at with the 
inhabitants thereon be and hereby is incorporated into a 
Parish by the name of the West Parish in Partridgefeild ; 
and shall be entitled to such immunities, and subjected to 
such duties as other Parishes in this Commonwealth are by 
Law entitled and subjected to. 

And be it enacted hy the Authority aforesaid, that the 
Sale heretofore made by the said Town of Partridg[e]feild 
of Lot No. three, and the appropriation of the proceeds 
thereof to the building of a meeting House in said Town, 
be and hereby are ratified and confirmed. 

And be it further enacted, that Ebenezer Pierce Esq. 
be, and he hereby is authorized to issue his warrant, 
directed to some principal Inhabitant in the said Parish, 
requiring him to warn the Inhabitants thereof, qualified by 
Law, to vote in Parish meetings, to assemble at some suit- 
able time and place in said Parish to choose such officers 
as Parishes are by Law, authorized to choose, in the Month 
of March, or April annually ; and to transact all matters 
and things necessary and lawfull to be done in said Parish 
as aforesaid. Ap2:)roved June 23, 1795. 



1795. — Chapter 15. 

[May Session, ch. 14.] 

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT TO INCOR- 
PORATE CERTAIN PERSONS BY THE NAME OF THE NORTH 
WEST CONGREGATIONAL SOCIETY IN NORTH YARMOUTH." 

WJiereas an Act passed June the tiventy sixth seventeen 
hundred (& ninety four intitJed '■'■An Act to incorporate 
certain persons by the name of the jVorth-irest Congrega- 
tional Society in JVbrth Yarmouth:" And whereas the 
second clause in said Act sets forth in the folloiving words 
vizt. That all those who shall be desirous of becoming 
members of said Society, being inhabitants of said toum 
of North Yarmouth, and shall signify the same in tcriiing 
to the respective Clei'hs of each parish, thirty days at least, 
previous to the annual meeting in March or April next, 
shall be considered in law as members of said Society, but 
shall be held to j^ay their proportion of such money as shall 
have been previously granted by the Society or parish they 



Acts, 1795. — Chapter 15. 351 

shall have seperated from : And ivhereas said clause is 
incompetent to the purposes designed: 

Be it Enacted hy the Senate and House of Representa- 
tives in General Court assembled and by the authority 
of the same, that the above said clause be, and hereby is ciause re- 
repealed. P^^'^''- 

And be it further Enacted by the authority aforesaid that Persons desir- 
if any person or persons, who do now belong to the first one'society and 
parish n\ said town shall give notice in writing to the J°»° ''°°'^«''- 
Clerk of said Parish, of their desire to belong to the north 
west parish or Society in said town on or before the first 
day of March in any future year, said Clerk shall make 
a fair record of such request, and shall transmit a list of 
such name or names to the Clerk of the north west Society 
in said town, of such request ; and such person or persons 
shall thereupon be dismissed accordingly : and all such 
persons shall be considered and taken to belong to said 
North west Society with their polls and estates, but shall 
be liable and held to pay their proportion of such money 
as shall have been previously voted to be raised by the 
said first Society or parish in tjaid North Yarmouth. 

And be it further Enacted by the autliority aforesaid, 
that all young persons when arrived at the age of twenty Method to be 
one years, in said town, and all persons that shall here- comeMembers 
after come to settle in said town, shall be at liberty to soc?e°ty'!^ '^^*' 
give notice on or before the first day of March in any 
future year, to the Clerk of said north west Society of 
their wish and intention to become members thereof; and 
said Clerk shall make a fair record of such request, and 
shall transmit a list of the name or names of such person 
or persons to the Clerk of the first parish in said town ; 
and such person or persons shall thereupon be considered 
and taken with their polls and estates to belong to the said 
North-west Society, and be intitled with those already in- 
corporated, to all priviledges, powers and immunities 
which other parishes in this Commonwealth are intitled 
to by law. 

And be it further Enacted by the autliority aforesaid, 
that if any person or persons who do now belong to the Method of 
northwest Society or Parish in said town, shall give notice ^''^'^'■^^"^g- 
in writing to the Clerk of said Parish, of their desire to 
belong to the first parish in said town on or before the 
first day of March in any future year, said Clerk shall 
make a fair record of such request, and shall transmit a 



352 



Acts, 1795. — Chapter 16. 



list of such name or names to the Clerk of the first Parish 
in said town of such request, and such person or persons 
shall thereu})on be dismissed accordingly, & shall l)e con- 
sidered and taken to belong to said first parish, with their 
polls and estates, but shall be liable and held to pay the 
proportion of such money as shall have been previously 
voted to be raised by the said northwest Society or parish 
in said North-Yarmouth. Approved June 23, 1795. 



Parish author- 
ized to sell 
Lands. 



Appropriations 
of the sale to 
a limited time. 



1795. -Chapter 16. 

[May Session, ch. 15.] 

AN ACT TO AUTHORIZE A SALE, BY THE FIRST PARISH IN CAM- 
BRIDGE IN THE COUNTY OF MIDDLESEX, OF CERTAIN LANDS 
GIVEN FOR THE USE OF THE MINISTRY THERE, & TO SECURE 
THE PROCEEDS THEREOF, AND OF A FORMER SALE OF LANDS 
BY THE SAID PARISH, TO THE SAME USE. 

Be it Enacted by the Senate & House of Repr^esenta- 
tives in General Court assembled and by the authority 
of the same, that the said first Parish in Cambridge are 
hereby authorized to sell & convey with the consent of 
their Minister for the time being, by their Committee ap- 
pointed for this purpose, on the thirteenth day of April 
last, or otherwise, those two Tract«i of Land called the 
Bear-hill-Pasture & the High- way-Marsh, holden by the 
said parish for the use of the jMinistr}', by the Grant & 
Assignment of the original Proprietors of Cambridge afore- 
said, and there situate : And the sale & conveyance of the 
said two Tracts of Land and of each of them, which shall 
be made pursuant to any Vote or Order of the said Par- 
ish, and with the consent of their Minister for the time 
being, shall be valid and eflectual to any Purchaser or 
Purchasers. 

And be it further Enacted, that the proceeds of the sale 
or sales which shall be made as aforesaid, shall be and 
hereby are appropriated to the use of the Mini-try in said 
first Parish in Cambridge, and shall be managed, secured 
and improved by them & their Successors ; and until the 
year One thousand, eight hundred & fifty, the one half of 
the annual Income arising therefrom, shall be paid annually 
to the Minister of the Congregational Society in said Parish 
for the time being, towards his support, and the other half 
of such annual Income shall be appropriated, secured & 
managed by the said Parish, to form an increasing Capital 
Fund. 



Acts, 1795. — Chapters 17, 18. 353 

And he it further Enacted ih'At the monies and demands, Appropriation 
called the Lexington-Farm-Fund, of the said Parish and belonging to 
which have accrued to them from the Sale, anciently made, ^•^^p''"^'^- 
of certain other Lands, which were given to the said Parish 
for the use of the Ministry, shall be holden managed and 
improved by them and their successors : and the annual 
Income thereof shall be paid & applied, in the manner 
which has been agreed between them and their present 
Minister, until his death or other removal, and afterwards, 
shall be appropriated, the one half thereof, to the support 
of their Minister for the time being, and the other half 
thereof to the same encreasing Capital Fund of the said 
Parish. 

And be it further Enacted, that from the said year One Appropriations 
thousand eight hundred and fifty, the Income of the Funds uofe. 
of the said Parish, hereby ap[)ropriated and provided, shall 
be paid, applied & appropriated in any other manner which 
shall be then agreed & ordered ; Provided that no part 
thereof shall be disposed or used to any other purpose 
than the support of a Congregational Minister within the 
said Parish. Approved June 23, 1795. 

1795. — Chapter 17. 

[May Session, ch. 16.] 

AN ACT GIVING THE SURNAME OF DARLING TO LEONARD 
WARFIELD OF MENDON. 

Ee it Enacted by the Senate i& House of Representa- 
tives in General Court assembled and by the Authorty of 
the same, that from and after the passing of this Act, the Additional 
said Leonard Warfield of Mendon shall be and hereby is Leonafd^wa?- 
authorizcd & impowered to take, bear and use the sur- ''®''^- 
name of Darling ; and shall be called & known by the 
name of Leonard Warfield Darling:. 

Approved June 23, 1795. 

1795. — Chapter 18. 

[May Session, ch. 17.] 

AN ACT FOR GRANTING TO THE UNITED STATES OF AMERICA 
THE LIGHT HOUSE SITUATE AT THE ENTRANCE OF THE 
HARBOUR OF NANTUCKET. 

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



354 



Acts, 1795. — Chapter 19. 



Light house 
granted the 
United States. 



Provisos. 



the same, that there be and hereby is granted unto the 
United States of America, the Light House situate on 
Brant Point at the entrance of the Harbour of Nantucket, 
together with the Lands and Tenements thereunto belong- 
ing the property of this Commonwealth, with the juris- 
diction of the same ; and the Light House aforesaid 
together with the Lands, and tenements thereto belong- 
ing the Property of this Commonwealth with the Juris- 
diction of the same are hereby ceeded to, and vested in the 
United States of America. 

Provided nevertheless, and he it further enacted, that if 
the United States shall at any time hereafter neglect to 
keep lighted and in repair the Light House aforesaid, then 
the grant herein made shall be void and of no eifect. Pro- 
vided also, that all civil and criminal processes issued 
under the authority of this Commonwealth or any officers 
thereof may be executed on said Lands, or in any of the 
buildings aforesaid, in the same way, and manner, as if 
the fJurisdiction had not been ceded as afol-esaid. 

Approved June 23, 1 795. ■ 



Preamble. 



Persons incor- 
po rated. 



1795. — Chapter 19. 

[May Session, ch. 18.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THE FIRST PRECINCT IN ATTLEBOROUGH IN THE COUNTY 
OF BRISTOL, INTO A SOCIETY BY THE NAME OF THE CON- 
GREGATIONAL SOCIETY OF THE FIRST PRECINCT IN ATTLE- 
BOROUGH. 

Whereas a number of the Inhabitants of the first Precinct 
in Attleborough aforesaid, have petitioned this Court, set- 
ting forth that they have raised by Subscriptions, the sum 
of Twelve 1 hundred and fifty pounds, for the purpose of 
establishing a find, the annual interest of which to be 
appropriated for the support of a congregational Minister 
for tJie benefit of the Church and Congregation of said 
first Precinct in Attleborough, ivhereof the Reverend John 
Wilder is their present Pastor, and praying to be incor- 
porated for the pwpose of holding & managing said Fund : 

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 said Petitioners, namely, Samuel 
Atherton, Stephen Draper, Jacob Cushman, Ichabod Ide, 
Daniel Read, Asa Dean, Ephraim Dean, Nathaniel Ide 
Junr. Noah Morse, Samuel Holmes, John Ide, Samuel 



Acts, 1795. — Chapter 19. 355 

Tingley, Thomas Tingley junr. Elisha May, Ebenezer 
Tyler, William Stanley, Stephen Fuller, Amos Ide jmir., 
Walter Tyler, Samuel Robinson, Levi Eead, Daniel Lane, 
Jacob Ide, William Read, Isaac Draper, Ebenezer Tiffany 
junr., David Bolcom, Ezekiel Robbins, Eliphaz Day, 
Joseph Tiffany, Caleb Fuller, Ezekiel Robinson, Timothy 
Tingley, Ebenezer Draper, junr., Williams Barrows, Ezra 
Barrows, Joseph W. Hunt, Aaron Barrows, Phillbrook 
Barrows, Levi Jillson, Joseph A. Richards, Jonathan 
Harding, Joel Robinson, Eunice Newell, Richard Bul- 
lock, Elijah Robinson, Margaret Blackington, James 
Pullen, Stephen Stanley, Artemas Stanley, Enoch Rob- 
inson, Jacob Perry, Phineas Claften, Hannah Stearns, 
Lemuel Stratton, Benjamin Allen, Josiah Allen, Samuel 
Titus, Joseph Cushman, Samuel Cushman, Jesse Robin- 
son, Jabez Gay, Caty Gay, Loammi Day, Ebenezer Swan, 
Robert Swan, Edward Richards junr. Lewis Draper, Jabez 
Ellis, junr. Joel Ellis, Richard Ellis, Calvin Richards, 
Nathan Richards junr. Avery Richards, David Richards, 
Edward Richards, Jesse Richards, Luther Richards, Darius 
Fuller, Newton Mann, Ebenezer Draper & James Orne, 
together with such other persons as they may hereafter 
admit, be, and they hereby are incorporated into a Society 
by the Name of the Congregational Society of the first 
Precinct in Attlebo rough. 

And Be it further Enacted hy the Authority aforesaid, 
that said Society at any legal Meeting thereof, shall have Persons may 
power to admit any Person or Persons, inhabitants of Members. ' 
said first Precinct in Attleborough, Members of said 
Society ; whereupon such person or persons so admitted, 
shall become incorporated with said Society, and be en- 
titled to all the Privileges that the Persons herein before- 
named, are entitled to by Virtue of this Act. 

And be it further Enacted hy the Authority aforesaid, 
that the income or annual interest of the Sum already interest of the 
subscribed, or that may hereafter be subscribed to the p^iLted.^^*^"' 
said Fund, or so much thereof as may be necessary, shall 
be appropriated to the support of a Gospel Minister for 
the benefit of the Church & Congregation of said first 
Precinct in Attleborough. 

And be it further Enacted by the Authority aforesaid, 
that Elisha May Esqr. Samuel Atherton, Samuel Robin- J'""^*°®g^,_ 
son, Josiah Draper, Ebenezer Tyler, Joel Read & Wil- 
liam Stanley be, and hereby are nominated & appointed 



356 



Acts, 1795. — Chapter 20. 



Validity of 
bonds and other 



Trustees of said Society ; and they & their Successors in 
the said Trust, be and hereby are invested with sufficient 
power to receive all such Subscriptions, Donations, Secu- 
rities, & Monies now in the hands of said Society, and 
also all such Grants, Appropriations, and Donations either 
real or personal that have been made or that shall here- 
after be made for the purpose aforesaid ; — Provided that 
the whole sum do not exceed the sum of Seven Thousand 
Dollars : And the said Trustees or their Successors in the 
said Trust, are hereby authorized & directed to put the same 
on Interest, on good Securities for the purpose aforesaid. 
And he it further Enacted by the Authority aforesaid, 
that all Bonds, Mortgages, or other lawful Securities made 
legal securities, to the Said Trustccs aud their Successors in said Trust, 
are hereby declared to be good and valid, and the said 
Trustees and their Successors or the major Part of them, 
by themselves or by their Agents or Attornies, may 
appear, plead, sue and defend in any Court within this 
Commonwealth. 

And be it further Enacted by the authority aforesaid, 
that the Trustees aforesaid & their Successors in that 
office be and they are hereby impowered and directed to 
call a meeting of said Society annually forever in the 
Month of March or April, to choose Trustees and such 
other Officers & Agents, and to make and establish such 
rules & orders, not repugnant to the Constitution & Laws 
of this Commonwealth as they shall judge to be necessary 
and convenient for the orderly and beneficial management 
of the Aflairs of said Society, according to the various 
occasions and circumstances thereof: and said Trustees 
are hereby also impowered to call Meetings of said Society 
at any other times besides the annual Meetings when 
there shall be occasion therefor. 

Approved June 23, 1795. 



Annual meet- 
ings established 



1795. -Chapter 20. 

[May Session, eh. 19.] 

AN ACT ESTABLISHING THE BOUNDARY LINE BETWEEN THE 
TOWN OF WILLIAMSBURG AND THE TOWNS OF CHESTER- 
FIELD. AND GOSHEN. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
Boundary line, fke same: That the North West Corner of the Town of 
Williamsburgh shall be at a Beach Tree marked H F 



Acts, 1795. — Chapter 21. 357 

and G F standing about fifteen rods south of Samuel 
Mott's House in the Town of Goshen : And that the divid- 
ing Line between said Town of VVilliani>burgh and the 
Towns of Goshen and Chesterfield shall be a Line run- 
ning south Nine Degrees west from the aforesaid Corner 
untill it strikes the North Line of the Town of North- 
ampton. Approved June 24, 1795. 



1795.— Chapter 31. 

[May Session, ch. 23 ] 

AN ACT FOR INCORPORATING WOODBURY STORER AND OTHERS 
BY THE NAME AND STILE OF THE TROPRIETORS OF THE 
CUMBERLAND CANAL. 

Whereas Woodbury 8torer, and others have petitioned Preamble. 
to he incorporated for the purpose of cutting a Canal from 
the waters of Sabago Pond thro' the Towns of Standish 
and Gorham to Presumpscot River — 

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 Woodbury Storer, Persons incor- 
Joseph Coffin Boyd, Robert Boyd Ebenezer Storer, Wil- p""""'""- 
liam Symms, Joseph Jewett, Joseph Noyes, Ralph Cross, 
Nathaniel Deering, William Martyn, Daniel llsley, and 
Samuel Freeman, with their associates and Successors, 
are hereby incorporated and shall l)e a Cor[)()ration for- 
ever, under the Name of the Proprietors of the Cumber- 
land Canal, and by that Name may sue and prosecute, 
and be sued and prosecuted to final Judgment and Execu- 
tion ; and shall be, and hereby are vested with all the 
powers and Priviledges which are by Law incident to cor- 
porations of a similar Nature. — 

u4?i[d] be it further Enacted by the authority aforesaid, 
that the said proprietors, or any three of them may make Justice of the 
their application to any Justice of the Peace, for the ere'd^o^cair"^' 
County of Cumberland, requesting him to call a meeting "^^^ting. 
of the said Proprietors, to be holden at some convenient 
place within the Town of Portland in the same County ; 
whereupon such Justice is hereby empowered to i<sue his 
warrant to one of said proprietors, directing him to warn 
and notify said proprietors, to meet at such time and 
place in said town of Portland, 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 



358 



Acts, 1795. — Chapter 21. 



Proprietors 
empowered. 



Right to vote, 
etc. 



Provisos. 



Method of 
obtaining satis- 
faction, in case. 



to do and transact such matters and things relating to the 
said Propriety, as shall be expressed in the warrant. And 
the proprietor to whom such warrant shall be directed, 
shall give notice to said Proprietors, by causing the same, 
or the substance thereof to be published in one of the 
Portland News Papers fourteen days before the holding of 
said meeting, & make return thereof under his hand to 
the same meetino-, to be lodg-ed with the Clerk that shall 
be then & there chosen. And the said Proprietors may 
at the same, or any other legal meeting choose a Clerk, 
Treasurer & other officer or officers of the Corporation, 
that they may deem necessary, & also may choose a Com- 
mittee for ordering & regulating the business & affairs of 
the said Corporation ; & every Proprietor shall have a 
i"ight to vote in the Proprietary meetings, according to 
his share & interest, in person or by representation ; pi^o- 
vided, no one proprietor shall have more than ten votes, 
& all representations shall be proved in writing, signed 
by the person making the same by special ap})ointment, 
which shall be filed with & recorded by the Clerk ; & this 
Act & all rules, regulations & votes of the said Corpora- 
tion shall be fairly & truly recorded by the said Clerk in 
a book or books for that purpose to be provided & kept. 
Provided that whereas it may be necessary in the prosecu- 
tion of the foregoing business, that the property of private 
persons may, as in the case of highways, be appropriated 
for the public use, And in order that no person may be 
damaged by the digging & cutting Canals thro' his land, 
by removing Mills, or Mill-dams, diverting water courses, 
or flowing his land by the proprietors aforesaid, without 
receiving full & adequate compensation therefor : 

Be it enacted by the Authority aforesaid^ that in all 
cases where any person shall be damaged in his property 
by the said proprietors for the purposes aforesaid, in man- 
ner as is above expressed, or in any other way, & the Pro- 
prietors aforesaid do not within twenty days after being 
requested thereto, make or tender reasonable satisfaction 
to the acceptance of the person damaged by them as afore- 
said, the person so damaged may apply to the Court of 
the General Sessions of the Peace for the County in which 
the damage shall have been sustained to have a Committee 
appointed by said Court to estimate the damage so done, 
and the said Court are hereby authorized and empowered 
by Warrant under the seal thereof upon such application 



Acts, 1795. — Chapter 21. 359 

made, if within one year from the time of the damage 
done as aforesaid, to appoint a Committee of five disin- 
terested freeholders in the same County to estimate the 
damages, which Committee shall give seasonable notice to 
the person interested, and to the Clerk of the proprietors 
aforesaid 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 
impowered 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, 
for the sum so adjudged in damages ; j^f'ovided 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, pro- 
vided 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 mutandis, 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 by the doings of said Committee in 
estimating damages, he may apply to the said Court of 
General Sessions of the peace, provided such application 
be made to the same Court within one year after the ac- 
ceptance of such return ; and said Court is impowered to 
hear, and finally determine the same by a Jury under oath, 
to be summoned by the Sherift' or his Deputy for that pur- 
pose, if the person complaining desire the same, or by a 
Committee, if the person complaining and the proprietors 
can agree thereon. And if the Jury or Committee agreed 



360 



Acts, 1795. — Chapter 21. 



Committee to 
determine 
respecting 
Bridges. 



No mills to be 
obstrucled nor 
any dwelling 
house removed, 
without leave. 



Forfeitures for 
trespasses com- 
niitled. 



on as aforesaid (who are to be under oath) shall not en- 
crease 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 encrease 
of damages shall be paid by the proprietors, & 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 aforesaid, and how the same shall be con- 
structed, and what damages shall be paid by the proprie- 
tors 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 & re- 
corded, shall be a sufficient 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 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 as often as 
the same is demandable. Provided that no part of the 
waters of Sabago pond shall be diverted from their natural 
course for the purpose aforesaid, so as to injure any mill 
or mills already built, or that may be built hereafter on 
Presumpscot river ; and provided also, that no dwelling 
house shall be removed, or water course turned or altered, 
whereon any mill is erected, so as to injure such mill with- 
out 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 Sessions on application 
made to them by the said proprietors shall observe the 
same rules as are prescribed by law, when application is 
made to them for granting a public high way : provided 
also that none of the waters of the said river, or of the 
ponds or streams emptying into the said river, shall be 
drawn off by said Canal so as to injure the mills thereon, 
or the water carriage in the same river. 

And be it further enacted that if any person or persons, 
shall wilfully, maliciously and contrary to law, take up, 



Acts, 1795. — Chapter 21. 361 

remove, 1)eat down, dig under, or otherwise damnify any 
dam, canal or lock, or any part thereof, designed for the 
purposes aforesaid, or shall 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 tres- 
passes aforesaid, he shall for every such oflence forfeit and 
pay to the proprietors aforesaid treble such damages as the 
said proprietors shall make appear to the Justice, or Court 
& Jury, before whom the trial shall be, that they the said 
proprietors have sustained by means of the same tres- 
passes, to be sued for and recovered in any Couit proper 
to try the same ; and such offender or oflenders shall 
be liable to presentment by the Grand Inquest for said 
County of Cumberland for any offence or offences against 
this law, and 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 sixty Dollars, nor less than fifteen Dollars, 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 conviction shall be. 

Ayid be it enacted by the authority aforesaid that the Proprietora 
proprietors aforesaid be, and they hereby are authorized purcba^and 
and impowered to purchase and 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 Twenty thousand Dollars. 

And be it further enacted by the authority aforesaid, 
that for the purposes of reimbursing the said proprietors 
the money by 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 usheli. "^'"'^ 
be, and hereby is granted and established for the sole ben- 
efit of the proprietors, according to the rates following viz. 
For every ton w^eight that shall be transported in Boats or 
other vessels through the said Canal, the sum of six cents 
for each mile, for all masts, timber and lumber floated on 
said raft, or otherwise through the same Canal, the sum 
of six cents a ton for each mile. 

And be it further Enacted by the authority aforesaid, 
that there shall be toll gatherers and others, to attend all 
locks on said Canal in the day time, and on the same 



362 Acts, 1795. — Chapter 22. 

Canal at other suitable places, who shall give constant 
attendance at their respective stations during the whole 
of the season, for boats and rafts to pass ; and on the toll 
being paid shall immediately permit passengers with their 
property to pass the said locks & canal. And the said 
toll shall commence on said Canal as soon as the same, or 
any part thereof shall be compleated, and shall continue 
forever : provided that when forty years from the first 
opening thereof are expired, the General Court from 
thence forward may regulate the rate of toll, and the 
same shall be collected in such manner as shall be pre- 
scribed to the said Corporation. 

And be it further Enacted by the authority aforesaid^ 
that if the proprietors aforesaid shall refuse or neglect for 
the space of ten years after the passing this Act to build 
and complete such Canal, so as to be passable in manner 
aforesaid, then this act so far as it respects the same, shall 
be void and of none effect. Approved June 25, 1795. 



1795. — Chapter 33. 

[May Session, ch. 20.] 

AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME OF 
"THE MASSACHUSETTS FIRE INSURANCE COMPANY" 

Be it enacted by the Senate, & House of Representative.'^ 
in Genercd Court assembled, & by the authority of the 

Persons incor- Same; That John Andrews, John Winthrop, William 
Wetmore, Jesse Putnam, William Shattuck, William 
Brown, Jona. Harris & Samuel Salisbury, so long as they 
shall continue proprietors, and such others, as hereafter 
may become proprietors, in said company, be & they 
hereby are incorporated, by the name of "the ]Massachu- 
setts Fire Insurance Company," & by that name shall be 
capable in law to sue, plead & prosecute, & he sued im- 
pleaded & prosecuted in all Courts of record, or any other 
Courts or places whatsoever, & do '& suiier all other acts 
& things, which bodies politic may, and otight to do & 
suffer. And said Corporation shall have full power, & 
authority, to make, use & have a common seal, & the 
same, at pleasure, to break, alter & renew. 

Amount which ^^^ jg {( fuvthev enacted, that the stock or ca})it:il of 

the capital shall -^ -ii • i i • 

consist^ of, and said corporatiou, & untill it be augmented, in manner 
herein after authorized, shall consist of three hundred 



porated. 



each share. 



Acts, 1795. — Chapter 22. 363 

thousand dollars, which shall be divided into three thou- 
sand shares, each share consistinor of one hundred dollars. 
The said sum to be paid by installments in manner follow- 
ing viz, on or before the first day of September next, & 
})revious to any insurance made ten dollars on each share. 
The remainder of said capital to be completed at the 
expiration of nine years, from the first day of said Sep- 
tember, by annual payments often dollars, on each share. 

And be it fwther enacted^ that said proprietors may, stock may be 
and they hereby are authorized, to augment, at any future '*"^™®" ® 
period, at their discretion, their capital to any sum, which 
shall not exceed six hundred thousand dollars, to be ap- 
propriated to the same purposes, & invested in the same 
stock & funds, as is herein after mentioned. 

And he it further enacted, that if at any time previous to Losses to be 

,, • .• i? • 1 • xi 1 i -J equally appor- 

the expiration ot said nine years, the losses oi said com- tionedonaii 
pany shall exceed the amount of stock on hand, in such 
case said corporation shall equally apportion, the amount 
of all demands, upon said company, on all the shares ; 
and make an assessment of the amount of such apportion- 
ment, & of ten additional dollars on each share,, which 
assessment shall be payable, in sixty days after public notice 
shall be given thereof, b}'' an advertizement in any Boston 
uews-]iaper. Provided always, that no proprietor shall 
be liable or his estate real or personal answerable, for 
any sum, exceeding one hundred dollars, on each share, 
he holds. 

Ayid be it further enacted^ that if any proprietor shall ^mpow'2r'e°"to 
fail to make payment of said assessment last mentioned, in ca''8e''of'noT 
after said notice, on or before the expiration of said sixty payment of 
days, the said corporation are hereby authorized & em- annual instai'i- 
powered to sue for, and recover said assessment, any law ""^^ *" 
usage or custom to the contrary notwithstanding. — And 
if any proprietor shall fail to pay his annual installment, 
or any assessment lawfully made by said corporation on 
such proprietor, on or before the day appointed for pay- 
ment of the same, the said corporation are hereby author- 
ized and impowered to sue for & recover the same in 
manner aforesaid ; and such delinquent proprietor shall 
forfeit his right & title to all interests, premiums, & profits 
then due, & that shall become due, prior to his actual pay- 
ment of such installment or assessment, & the same shall 
enure and accrue to the use & benefit of said corpora- 
tion. 



364 



Acts, 1795. — Chapter 22. 



Capital to be 
invested in a 
secure place. 



Interest to be an- 
nually divided. 



Corporation 
empowered to 
insure against 
tire. 



Debarred the 
possession of 
real estate, 
except, &c. 



Property of 
individual mem- 
bers liable to 
attachments for 
their just debts, 



A7id be it further enacted, that the capital of said cor- 
poration, after being collected at each installment, shall 
within sixty days, be invested, either in the funded debt 
of the United States, or of this Commonwealth, or in the 
stock of the United States Bank, or of any incorporated 
Bank, in this Commonwealth, at the discretion of the 
President & Directors of said company, or of other officers 
which the proprietors shall for such purpose appoint, — 
And that the interest arising from said stock, & the pre- 
miums received, shall be annually divided among the 
proprietors. — Provided always, that if any loss or losses 
shall at any time diminish the capital, at such time col- 
lected, in such case no dividend shall be made, until such 
loss or losses, be completely restored. 

And be it further enacted, that said corporation may & 
they hereby are authorized & empowered to make insur- 
ance against fire, on dwelling houses & all other buildings 
whatsoever, & on all goods, wares & merchandizes on 
land, to any amount not exceeding three fourths of the 
value of the buildings or other property insured. 

And be it further enacted, that nothing in this act shall 
be deemed, or construed to extend to authorize, or im- 
})ower said corporation to be seized, or possessed of any 
real estate, except such as shall be occupied by said cor- 
}>oration for transaction of the business of the company. 

Be it further enacted, that the property of every indi- 
vidual member of said corporation vested in said corpor ite 
funds, shall be liable to attachments, & to the payment 
& satisfaction of his just debts, to any of his bona fide 
creditors, in manner following viz — In addition to the 
summons by law prescribed to be left with the debtor, a 
like summons shall be left with the office keeper of said 
company, & the debtor's shares in said corporate funds, 
shall be held to respond said suit, according to law. — 
And all transfers of the debtor's shares, not noted in the 
company's books, previous to the delivery of such sum- 
mons, shall be barred thereby ; and execution may be 
levied upon the property of any proprietor in said com- 
pany and his shares therein exposed to sale, in the s:ime 
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 atte-ted copy 
thereof with his doings thereon, with the office keeper of 
said company ; & the purchaser shall thereupon be en- 
titled to the reception of all dividends, & stock, & to the 



Acts, 1795. — Chapter 23. 365 

same privileges as a member of said corporation, tliat the 
debtor was previously entitled to ; and upon any attach- 
ment being mfid'e, or execution levied, upon any shares in 
said funds, it shall be the duty of said office keeper and 
the keeper of said company's books, to expose the books 
of said corporation to the officer ; and to furnish him with 
a certificate under his or their hand in his or their official 
capacity, ascertaining the number of shares the debtor 
holds, & the amount of dividends due thereon. 

And be it further enacted, that for the well governing & ^^^'f^^J^^'^fjij 
regulating the aflairs of said corporation, they shall have suitable powers, 
such officers, as they shall hereafter appoint ; and shall 
grant them suitable compensation for their services ; and 
such officers shall be capable of exercising such powers, 
as shall be designated, and annexed to their office, by the 
laws & regulations of said corporation, for the well govern- 
ing of the same ; and for that purpose of calling such 
occasional meetings, as shall be fixed and determined by 
said laws and regulations. 

And be it further enacted, that at all meetino;s of said Majority of 

' T . 1 T 1 1 . voters present 

corporation every matter shall be decided, by the maior todecideon aii 

. c ,1 • .^ , matters. 

votes ot persons present, who are proprietors, or who 
represent proprietors. The number of votes to be deter- 
mined by the number of shares each voter holds or repre- 
sents ; Provided no proprietor or voter shall be entitled to 
more than ten votes. 

A7id be it further enacted, that John Andrews, John Persons em- 
Winthrop & Jesse Putnam or any two of them be em- melt^iu^g! ""'" ' 
powered to call a meeting of said proprietors at such time 
& place as they may think convenient, by advertising the 
same in any Boston news paper seven days before the time 
of holding such meetins;. 

Ajid be it further enacted that this Act shall remain in Act limited, 
force for the term of twelve years & no longer. 

Approved June 25, 1795. 

1795. — Chapter 23. 

[May Session, ch. 24.] 

AN ACT FOR INCORPORATING JOSEPH NOYES AND OTHERS BY 
THE NAME AND STILE OF THE PROPRIETORS OF THE FAL- 
MOUTH CANAL. 

Whereas Joseph Noyes and others have petitioned to be Preamble. 
incorporated for the purpose of cutting a Canal from the 
Waters of Fore River to the Waters of Presumpscut River 



366 



Acts, 1795. — Chapter 23. 



Persons incor- 
porated. 



Justice of the 
Peace empow- 
ered to call 
meeting. 



Proprietors em. 
powered. 



Right to vote, 
etc. 



above Saccarappy falls in Falmouth and whereas it is 
represented that sundry persons are ready to raise funds 
sufficient for the purpose of opening the ^ame Canal — 

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 Joseph Noyes, Nath- 
aniel Dearing, Joseph Jewett, John Wait, James Fosdick, 
John Bagley, Woodbury Storer, John Mussey, Samuel 
Butts, Isaac Gage, Caleb Rea, Samuel Waldo, William 
Haskill and Andrew Pepperel Frost their associates and 
Successors are hereby incorporated and shall be a Cor- 
poration forever, under the name of the Proprietors of 
the Falmouth Canal, and by that name may sue and pros- 
ecute, and be sued and prosecuted, to final Judgment 
and execution ; and shall be, and hereby are vested with 
all the powers and priveledges 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 Cumberland requesting him to call a meeting 
of the said Proprietors, to be holden at some convenient 
place within the Town of Portland in the same County ; 
whereupon such justice is hereby empowered to issue his 
warrant to one of said Proprietors, directing him to warn 
and notify said Proprietors to meet at such time and place 
in said Town of Portland as he shall therein direct, to 
agree on such Method as may be thought proper for call- 
ing meetings of said Proprietors for the future, and to do 
and transact such matters and thino;s relatino; to the said 
propriety, as shall be expressed in the Warrant. And the 
Proprietor to whom such warrant shall be directed, shall 
give notice to said Proprietors, by causing the same, or 
the Substance thereof, to be published in one of the Port- 
land Newspapers, fourteen days before the holding of said 
meeting, 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 same or any other legal meeting, choose a Clerk, 
Treasurer, and other officer or officers of the Corporation, 
that they may deem necessary ; and also may choose a 
Committee for orderino; and reo:ulatino; the Business and 
affairs of the said Corporation ; and every Proprietor shall 
have a right to vote in the proprietary meetings, accord- 



Acts, 1795. — Chapter 23. 367 

ing to his share and interest, in person or by Representa- 
tion, provided no one Proprietor shall have more than proviBos. 
twenty A'^otes ; all representations to l)e proved in writing, 
signed by the person making the same, by special appoint- 
ment, 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 
said Clerk, in a Book or Books for that purpose to be 
provided and kept. Provided, that whereas it may be 
necessary in the prosecution of the foregoing Business, 
that the property of private persons may (as in the case 
of highways) be appropriated for the public use ; in order 
that no person may be damaged by the digging and cut- 
ting Canals through his land, by removing Mills, or Mill- 
dams, diverting water Courses, or flowing his Land, by 
the Proprietors aforesaid, without receiving full and ade- 
quate compensation therefor : — 

Be it Enacted by the authority aforesaid. That in all Method of ob. 

^ 1 1 1 1 1 1 • 1 • -r» i. taming satisfac- 

cases where any person shall be damagep ni nis Property tion, incase. 
by the said Proprietors, for the purposes aforesaid, in 
manner as is above expressed, or in any other way, and 
the proprietors aforesaid do not within twenty days after 
being requested thereto, make or tender reasonable satis- 
faction to the acceptance of the person damaged by them 
as aforesaid, the person so damaged may a})ply to the 
Court of the General Sessions of the Peace, for the County 
in which the damage shall have been sustained, to have a 
Committee appointed by said Court to estimate the dam- 
age so done ; & the said Court are hereby authorized & 
impowered by warrant, under the seal thereof, upon such 
application made, if within one year from the time of the 
damage done as aforesaid, to appoint a committee of five 
disinterested freeholders in the same County, to estimate 
the damages ; which committee shall give seasonable notice 
to the person interested, & to the Clerk of the Proprie- 
tors aforesaid, of the time &, place of their meeting ; & 
they shall be under oath to perform said service, accord- 
ing to their best skill & judgment ; w-hich having done, 
they, or the major part of them, shall make return thereof, 
under their hands & seals, to the next Court of General 
Sessions of the Peace to be holden in said County 
after the same service is performed ; to the end that 
the same may be accepted, allowed & recorded ; & the 
committee so impowered, are required to estimate the 



368 Acts, 1795. — Chapter 23. 

said damage & make return thereof as aforesaid ; & if 
the estimate of the Committee be accepted by the Court, 
the Clerk of the Court is hereby authorized & directed on 
application therefor, to issue an execution against the 
property only of the Corporation, or of any individual 
belonging thereto, for the sum so adjudged in damages ; 
provided the same is not paid within twenty days after the 
acceptance of said report, &, likewise for the cost of the 
said Committee & 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 per- 
son complaining, before the complaint was exhibited, a 
sum as great as that allowed by the Court in damages, 
then nothing to be included 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 
mutandis, & returnable in the same time as though judg- 
ment had been jendered against said Corporation, for a 
like sum, in damages on process in the Court of Common 
Pleas ; & if any person find himself aggrieved by the do- 
ings of the said Committee in estimating damages, he 
may apply to said Court of General Sessions of the peace ; 
provided such application be made to the same Court, at 
the next session thereof, in the same county, after the 
acceptance of such return ; & said Court is impowered to 
hear & finally determine the same by a Jury, under oath, 
to be summoned by the Sheriff or his Deputy for that pur- 
pose, if the person complaining desire the same, or by a 
Committee, if the person complaining & 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 & increase of dam- 
ages shall be paid by the Proprietors & 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, & reasonable notice given to all persons interested 
Committee to to determine where & how many Bridges shall be made 
respecting & maintained bj^ said Proprietors over the Canal afore- 
Bndgcs. said, & how the same shall be constructed, & what dam- 

ages shall be paid by the Proprietors for neglecting to 
make & maintain such Bridges ; & the report of such Com- 



Acts, 1795. — Chapter 23. 369 

mittee or verdict of such Jury being returned into the 
same Court, & being allowed & recorded, shall be a suffi- 
cient bar against any action brought for damages afore- 
said, 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 l)e 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, 
& also for the recovery of the damages for neglecting to 
make & maintain the Bridges, as often as the same is de- 
mandable : Provided that no part of the waters of Pre- 
sumpscut-river shall be diverted from their natural course 
for the purpose aforesaid ; & that no Dwelling House shall ^bst^ucted nor 
be removed, or water course turned or altered, whereon ^"yj^g^^l'^'ofg^i 
any mill is erected, so as to injure such mill without without leave. 
licence therefor, first had & 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 Sessions on application 
made to them by the said Proprietors shall observe the 
same rules as are prescribed by law, when application is 
made to them for granting a public highway. Provided 
also, that the waters of Presumpscut river shall not be so 
diverted from their natural course as to impede, or any 
way interrupt the water carriage down the Presumpscut 
River to the mouth thereof ; & that neither the waters of 
Prescumpscut river, nor the ponds & streams emptying 
into the same shall be so drawn off from their natural 
course as to injure the Mills standing on said River, or 
the passing of Lumber therein. 

And be it further enacted, that if any person or persons Forfeitures for 
shall wilfully, maliciously & contrary to Law, take up, mitted. 
remove, beat down, dig under, or otherwise damnify any 
Dam, Canal or Lock, or part thereof, designed for the 
purposes aforesaid, or shall 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 aforesaid, he shall, for every such offence forfeit 
and pay to the proprietors aforesaid, treble such damages as 
the said proprietors shall, to the justice or Court and Jury 
before whom the trial shall be, make appear that they have 
sustained by means of the same trespasses, to be sued for 



370 



Acts, 1795. — Chapter 23. 



ProprietorB 
authorized to 
purchase and 
hold real estate. 



A toll estab- 
lished. 



and 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 Cumberland for 
any offence or offences against this Law ; and on Convic- 
tion 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 line to 
the use of the Commonwealth, of not more than Sixty 
dollars nor less than fifteen dollars 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 
conviction shall be. 

And be it Enacted hy the Authority aforesaid, That the 
Proprietors aforesaid be, and they hereby are authorized 
and empowered to purchase and hold to them, and their 
successors forever, so much land and real Estate as may 
be necessary for the purposes aforesaid, not exceeding the 
value of twenty thousand dollars. 

And he it further Enacted by the authority aforesaid, 
That for the purposes of reimbursing the said Proprietors 
the Money by them expended or to be expended in build- 
ing and supporting the dams, canals, and locks, and 
clearing the passages necessary for the purposes aforesaid, 
a toll be and hereby is granted and established for the sole 
benefit of the Proprietors, according to the Rates follow- 
ing viz. For every Ton weight that shall be transported 
in boats or other Vessels through the said Canal the Sum 
of Six Cents for each mile ; for all masts, timber and lum- 
ber floated on Raft or otherwise through the same Canal, 
the Sum of Six Cents a Ton for each mile. 

And be it further Enacted by the authority aforesaid, 
That there shall be Toll gatherers and others to attend all 
Locks on said Canal, in the day time, and on the same 
Canal at suitable places, who shall give constant attendance 
at their respective stations during the whole of the Season 
for boats and rafts to pass, and 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 and shall continue forever : 
Provided, that when forty Years from the first opening 
thereof are expired, the General Court from thence for- 
ward may regulate the rate of Toll, and the same shall be 
collected in such manner as shall be prescribed to the said- 
Corporation. 



Acts, 1795. — Chapter 24. 371 

And be it farther Enacted by the authority aforesaid. 
That if the Proprietors aforesaid shall refuse or neglect, 
for the space of ten years after the passing this Act, to 
build and compleat such Canal, so as to be passable, in 
manner aforesaid, then this Act so far as it respects the 
same, shall be void and of none eflect. 

Approved June 25, 1795. 

1795. — Chapter 24. 

[May Session, ch. 21.] 

AN ACT TO INCORPORATE CERTAIN PERSONS WHO HAVE 
FORMED A SOCIETY FOR THE INFORMATION AND AID OF 
FOREIGNERS IN THEIR MIGRATION AND SETTLEMENT, BY 
THE NAME OF THE MASSACHUSETTS SOCIETY FOR THE AID 
OF IMMIGRANTS. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same that John Andrews, Joseph Blake, Martin Persons incor- 
Brimmer, William Brown, Samuel Brown, Charles Bui- ^"""^ ' 
finch, Benjamin Clarke, Thomas Clark, John Codman, 
Eobert Davis, Richard Devens, Aaron Dexter, Joseph 
Eckley, Edward Edes, Frederick William Geyer, Nathan- 
iel Gorham, Stephen Gorham, Henry Hill, Joseph Howard, 
William Lambert, Benjamin Lincoln, William Little, John 
Lowell, John Lucas, Theodore Lyman, Mungo Mackay, 
Joseph May, Jedediah Morse, Samuel Parkman, Aaron 
Putnam, Thomas H. Perkins, Thomas Robinson, Thomas 
Russell, Joseph Russell, Samuel Sewall, William Sher- 
burne, Elisha Sigourney, Samuel Smith, Oliver Smith, 
William Smith, Russell Sturgis, Peter Thacher, Edward 
Tuckcrman, Charles Vaughan, Ebenezer Wales and Josiah 
Waters, with all others, who, being citizens of this Com- 
monwealth, are, or shall become their Associates be, and 
they hereby are constituted & made a Corporation by the 
name of the Massachusetts Society for the aid of Immi- 
grants ; and shall be capable of taking and holding by Amountofprop- 
virtue of any purchase gift or devise any real or other hoid.'^"^ ™*^ 
estate not exceeding in the whole amount, the sum of 
Twenty thousand Dollars. And the said Corporation shall 
hold meeting's for the choice of its Officers on the first 
Tuesday of June annually. 

And be it farther Enacted by the authority aforesaid, 
that it shall be the more especial care of the said Society Duty and care 
to render to all Foreigners, not of ill fame, who shall 
arrive within this Commonwealth, and shall make suitable 



372 



Acts, 1795. — Chapter 25. 



Convicts and 
persons of ill- 
fame not to be 
brought into the 
Commonwealth. 



Selectmen em- 
powered to 
attend to appli- 
cations of 
immigrants. 



application to the said Society their Officers or Agents, 
the most needful information and advice to promote the 
advantageous settlement & employment of such Immi- 
grants. And the said Society shall provide for the mak- 
ing and preserving accurate lists & memorials, as far as 
may be, of the names, nation, age, sex, condition, handi- 
craft, employment and settlement of all Immigrants which 
shall come to their knowledge, and such lists or memorials, 
and all other doings of the said Society, shall be open to 
the inspection of the Supreme Executive, and of the Legis- 
lature of this Commonwealth, upon their requisition. 

And be it further Enacted, that the said Society shall 
take especial care to prevent Convicts, and persons of noto- 
rious ill fame from being brought into this Commonwealth 
by any master, or other person having charge of any ves- 
sel, and the penalty and forfeiture established against such 
offence, by the Act for the relief, employment and removal 
of the poor, and for repealing all former laws made for 
those purposes passed February the twenty sixth seventeen 
hundred & ninety four, may be prosecuted for by the said 
Society their Officers or Agents, and when recovered on 
such prosecution, shall enure wholly to the said Society 
& shall be appropriated under their direction to promote 
the design of this Incorporation. 

And be it further Enacted, that in order to render the 
beneficial purposes of the aforementioned Institution as 
extensive as possible, the Selectmen of the several towns 
of this Commonwealth are hereby directed and impowered 
to pay suitable attention to the applications of Immigrants, 
and to give to all persons of good character such advice 
and information, as will enable them to obtain the earliest 
employment in their respective occupations. 

Approved June 25, 1795. 



Preamble. 



1795. — Chapter 25. 

[May Session, eh. 22.] 

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

Whereas William Bartlet and others have by their iieti- 
tion to this Court set forth that they have subscribed to a 
Fund for the establishment of a Bank in the 2own of 



Acts, 1795. — Chapter 25. 373 

JSfeivbury Port and Jiave prmjed to be incorporated for that 
purpose. 

Be it therefore enacted by the Senate & House of 
Rejwesentatives in General Court assembled, and by the 
authority of the same, that William Bartlet, Moses Brown, Persons incor- 
Tristram Coffin, William Coombs, Nicholas Johnson, limited time. 
George Searle and Ebenezer Stocker, their Associates, 
Successors & assigns, shall be and hereby are created and 
made a corporation by the name of the President and 
Directors of the Merrimack Bank ; and shall so continue 
from the first day of July next, until the expiration of ten 
years next following : and by that name shall be and 
hereby are made capable in Law, to sue and be sued, 
plead and be impleaded, defend & be defended in any 
Courts of Record or any other place whatever ; and also Legally to act 
to make have and use a common Seal, and the same again upon. 
at Pleasure to break, alter, and renew ; and also to ordain, 
establish & put in execution, such Bye Laws, Ordinances 
and Regulations as to them shall appear necessary & con- 
venient for the Government of said Corporation and the 
prudent management of their affairs ; Provided such By- Proviso. 
Laws, Ordinances & Regulations shall be in no wise con- 
trary to the Laws & Constitution of this Commonwealth : 
and the said Corporation shall be always subject to the 
rules, restrictions, limitations & provisions herein pre- 
scribed. 

And be it further Enacted, that the Capital Stock of ^^?j"^fg°^gt 
said Corporation shall consist of a Sum not less than 
Seventy thousand Dollars, nor more than One hundred 
and Fifty thousand Dollars in Specie ; and shall be divided 
into Shares of One hundred Dollars each ; And the Stock- ^^?^^^?^f '^ ^° 
holders at their first meetino- shall by a majority of votes respecting pay- 
determine the amount of the payments to be made on 
each Share, and the times when each payment shall be 
made ; also the mode of transferring and disposing of the 
Stock and profits thereof; which being entered on the 
books of said Corporation, shall be binding on the Stock- 
holders, their Successors & Assigns : Provided that no Proviso. 
Stockholder shall be allowed to borrow at said Bank, until 
he shall have paid in his full proportion of the Seventy 
Thousand Dollars aforesaid. And said corporation are corporation 

, 1 1 ii'x J.I 111 1 entitled to hold 

hereby made capable m Law, to have, hold, purchase, re- real estate, etc. 
ceive, possess, enjoy and retain to them, their Successors 
& Assigns, lands, rents, tenements and hereditaments, to 



374 Acts, 1795. — Chapter 25. 

the amount of Ten Thousand Dollars, and no more at any 
one time ; with power to bargain sell and dispose of the 
same Lands, Tenements & Hereditaments, and to loan 
and negociate their monies and eftects by discounting on 
banking Principles on such security as they shall think 
adviseable. 
Fundamental And be it further Enacted that the fol lowing; rules, limi- 

firticles of tho • • . o ' 

Corporation. tations and provisions shall form and be the fundamental 
articles of said Corporation. — 

First, that the said Corporation shall not owe at any one 
time, more than twice the amount of their capital Stock 
in addition to the simple amount of all monies actually 
deposited in said Bank for safe keeping ; and in case of 
any excess, the Directors under whose administration it 
shall happen, shall be liable for the same in their private 
Capacity ; but this shall not be construed to exempt 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. — Secondly, that 
the said Corporation shall not vest, use, or improve any 
of their monies, goods, chattels or eflects in trade or com- 
merce, 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. — Third, that the Lands, 
Tenements & Hereditaments, which said Corporation may 
hold, shall be only such as shall be requisite for the con- 
venient transaction of its business. — Fourth, none but a 
Member of said Corporation, being a Citizen of this Com- 
monwealth and resident therein, shall he eligible for a 
Director or Cashier ; and the Directors shall chuse one of 
their own number to act as President : And the Cashier, 
before he enters on the duties of his Office, shall give 
bond, with two sureties, to the satisfaction of the board 
of Directors, in a sum not less than Ten Thousand Dollars, 
with condition for the faithful discharge of the duties of 
his office. — Fifth, No Director of any other Bank shall 
be eligible to the Office of a Director of this Bank, although 
he may be a Stockholder herein ; and any Director accept- 
ing an Office in any other Bank, shall he deemed to have 
vacated his place in this Bank. — Sixth, That for the well 
ordering of the affiiirs of said Corporation, a meeting of 
the Stockholders shall be held at such place as they shall 
direct, on the first Monday in January annually, and at 
any other time, during the continuance of said Corpora- 



Acts, 1795. — Chapter 25. 375 

tion, at such place as shall be appointed by the President 
and Directors for the time being, by public notification 
being given one Week previous ; at which annual Meet- 
ing, there shall be chosen by ballot, Seven Directors, to 
continue in Office the year ensuing their election : and 
the number of Votes to which each Stockholder shall be 
entitled, shall be according to the number of shares he 
shall hold, in the following proportions ; that is to say, — 
for one share, one Vote, and every two Shares above one, 
shall give a right to one vote more, provided no one mem- 
ber shall have more than Ten Votes ; and absent Members 
may vote by Proxy, authorized in Writing. — Seventh, 
No Director shall be entitled to any Emolument for his 
services — but the Stockholders may make the President 
such Compensation as to them shall appear reasonable. — 
Eighth, Not less than four Directors shall constitute a 
Board for the transaction of business ; of whom the Presi- 
dent shall always be one except in case of Sickness or 
necessary absence, in which case the Directors present, 
may choose a Chairman for the time being in his stead. — 
Ninth, 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 Two Dollars. — Tenth, The Direc- 
tors shall make half-yearly Dividends of all the profits, 
Rents premiums, and interests of the Bank aforesaid. — 
Eleventh, The Directors shall have power to appoint a 
Cashier, Clerks, and such Officers for carrying on the busi- 
ness of the Bank, with such Salaries as to them shall seem 
meet. — 

And he it further Enacted, that the said Bank shall be Bankestab- 
kept and established in the Town of Newbury-port afore- burypoTt.^^"^' 
said. — 

And whereas it is repugnant to the jyrinciples of a free 
Government, that the property of any of its Citizens shall 
he placed out of the reach of their just Creditors, — 

Be it further Enacted, that the property of every Indi- Prop?':typf 
vidual Member of said Corporation, vested in said cor- uabie to attach- 
porate Funds, shall be liable to attachment, and to the "ebts.""^^"*' 
payment and satisfaction of his just debts to any of his 
hona fide Creditors, in manner following — namely ; in 
addition to the summons by law prescribed, to be left with 
the Debtor, a like summons shall be left with the Cashier 
of said Bank ; and the Debtor's share or shares in said 



376 Acts, 1795. — Chapter 25. 

Corporate Funds, together with the Interest Rents & 
protits due or growing due thereon, shall thereby be held 
to respond said suit according to law ; and all transfers 
of the Debtors shares in the said Corporate funds, not 
noted in the Bank books, previous to the delivery of such 
summons, shall be barred thereby ; and execution may be 
levied on the property of any Stockholder in said Bank, 
and his shares therein exposed to sale in the same manner 
as is by Law provided, where personal Estate is taken by 
Execution ; and it shall be the duty of the Officer who ex- 
tends such Execution, to leave an attested copy thereof, 
with his doings thereon, with the Cashier of said Bank 
— and the purchaser shall thereon be entitled to the re- 
ception of all Dividends & Stock, and to the same priv- 
ileges as a member of said Corporation, that the Debtor 
was previously entitled to ; and upon any attachment be- 
ing made, or execution being levied on any share in said 
Bank, it shall be the duty of the Cashier of said Bank, to 
expose the books of said Corporation to the Officer, so far 
as respects the number of Shares said Debtor may own ; 
and to furnish him with a certificate under his hand, in 
his oflBcial capacity, ascertaining the number of shares the 
Debtor holds in said Bank, and the amount of the divi- 
dend thereon due. 
Bpeciaicom- And be it farther Enacted, that any Committee specially 

^e/tVexamTne appointed by the Legislature for the purpose, shall have a 
theCo!pora*tion. right to examine into the doings of said Corporation, and 
shall have free access to all their books, and if upon such 
examination, it shall be found, and after a full hearing of 
said corporation thereon, be determined by the Legislat- 
ure, that said Corporation have exceeded the powers 
herein granted them, or failed to comply with any of the 
rules, restrictions and conditions in this Act provided, 
their incorporation shall thereupon be declared forfeited 
and void. 
Persons author- And he it further Enacted, that the persons herein before- 
meeting, named, or any three of them, are authorized to call a 
Meeting of the members and Stockholders of said Cor- 
poration as soon as may be, at such time and place as they 
may see fit, in Newbury -Port, by advertizing the same 
for three weeks successively in the "Impartial Herald," 
printed there, for the purpose of making, ordaining and 
establishing such By-Laws, Ordinances, & Regulations for 
the orderly conducting of the Affairs of said Corporation, 



Acts, 1795. — Chapteks 26, 27. 377 

as the said Stockholders shall deem necessary, and for the 
choice of the first Board of Directors, and such other 
Officers as they shall see fit to choose. 

And be it further Enacted by the authority aforesaid, 
that it shall be the duty of the Directors of the said Bank, ^^Tto'biat 
to transmit to the Governor & Council of this Common- ftated times 

. "T-nT 1 1 j_ trausraitted to 

wealth for the tmie bemg. Once in dix Months, at least, Governor, &c. 
and as much oftener as they may require, accurate & just 
statements of the amount of the Capital Stock of said 
Corporation, and of Debts due to the same, of the monies 
deposited therein, of the Notes in circulation and of the 
Cash on hand ; which statements shall be signed by the 
Directors and attested by the Cashier. 

Apjjroved June 25, 1795. 

1795. — Chapter 36. 

[January Session, ch. 2.] 

AN ACT TO ALTER THE NAME OF JOHN WILLIAMS TO THE 
NAME OF JOHN DAVIS WILLIAMS. 

Be it Enacted by the Senate & House of Representatives 
in General Court assembled, & by the Authority of the 
same, — That John Williams of Boston in the County of Name altered. 
Sufiblk, Son to John Davis Williams of Roxbury, in the 
County of Norfolk, be and he hereby is allowed to take 
the Christian Name of John Davis, and on every occasion 
hereafter, to make the Name of John Davis Williams his 
proper Christian and Surname ; and by that Name he shall 
be known and called in all Processes and Records what- 
ever. Approved January 20, 1796. 

1795.— Chapter 37. 

[January Session, ch. 3.] 

AN ACT GRANTING TO THE PROPRIETORS OF THE LOCKS AND 
CANALS ON MERRIMACK RIVER A FURTHER TIME TO COM- 
PLETE THE CANAL AND LOCKS BY PATUCKET FALLS. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that the term of three years, from and after the Time allowed to 
passing of this Act, be, and hereby is allowed them to andLocLexf 
complete the Canal and Locks by the Great Falls of 'ended. 
Patucket ; and that all the rights and authorities vested 
in the said proprietors by the Act incorporating them, 



378 



Acts, 1795. — Chapter 28. 



intitled, "An Act incorporating Dudley Atkins Tyng 
Esqr. and others for the purpose of rendering Merrimack 
River passable with Boats, Rafts and Masts, from the divi- 
sional line of New Hampshire & Massachusetts to the tide 
waters of said River, by the name of The Proprietors of 
the Locks and Canals on Merrimack River " — or which 
would by the said Act be vested in them, if the said Canal 
and Locks should be completed by the time in the said 
Act limited, shall vest in and appertain to them, in as full 
and ample manner, as if the said additional term hereby 
granted, had been limited and granted in and by the said 
Act, any thing in the same to the contrary notwithstand- 
ing. Approved January 22, 1796. 



Sum to be 
raised. 



1795. — Chapter 2S. 

[January Session, ch. 9.] 

AN ACT FOR GRANTING A LOTTERY FOR THE PURPOSE OF 
ALTERING, MAKING AND REPAIRING CERTAIN ROADS IN 
THE TOWN OF GLOUCESTER IN THE COUNTY OF ESSEX. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that there be and hereby is granted a lottery or 
lotteries consisting of one or more class or classes, for 
raising the sum of two thousand Dollars, which shall be 
applied for the purpose of altering, making and repairing 
the public roads in the said town of Gloucester leading to 
Salem and Ipswich. 
Managers to be And be it further enacted that Daniel Rogers esqr. Wil- 
liam Pierson, Samuel Whittemore, James Hayes and John 
Rogers, or any three of them be, and they hereby are ap- 
pointed Managers of the said lottery or lotteries, whose 
business and duty it shall be to concert and publish a 
scheme or schemes of such lottery or lotteries, and to 
advertize in some one of the News papers printed in Bos- 
ton, a correct list of all prizes which may be drawn in any 
Class of such lottery or lotteries, within twenty days after 
the drawing thereof; — and they shall pay to each pos- 
sessor of a prize ticket the full sum of such prize, within 
twenty days after such list is published, if demanded by 
the possessor ; & if any such prize shall not be demanded 
within twelve months next after the publication of such 
list, it shall be deemed as generously given for the pur- 
poses aforesaid, and applied accordingly. 



appointed. 



Their duty. 



Acts, 1795. — Chapter 29. 379 

And he it further enacted that the said Managers shall, To give bonds. 
before they enter on the business of their a[)pointment, be 
sworn before some Magistrate, faithfully and impartially 
to execute the same ; and shall severally become bound 
with sufficient surety or sureties to the Treasurer of this 
Commonwealth, in the penal sum of two thousand Dol- 
lars, conditioned for the faithful discharge of their said 
trust. 

And be it further Enacted that the said Manas^ers be, Managers to be 
and they hereby are appointed Trustees for the due ap- 
propriation of the proceeds of such lottery or lotteries, 
according to the purpose of this Act — And the said Man- 
agers & Trustees shall render to the Treasurer of the 
Commonwealth a true account of their receipts and dis- To render an 
bursements in the execution of their said trust. 

And he it farther Enacted that this Act, so far as it re- 
spects the continuance of the said lottery or lotteries, shall 
be in force for the term of two years and no longer. 

Approved January 26, 1796. 



1795. — Chapter 29. 

[January Session, ch. 20.] 

AN ACT TO SET OF NATHANIEL LAWRENCE WITH HIS ESTATE 
FROM THE TOWN OF GROTON AND ANNEX THEM TO THE 
TOWN OF DUNSTABLE. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court Assembled & by the Authority of 
the same, That Nathaniel Lawrence of Groton in the County Nathaniel Law- 
of Middlesex, together with his Estate, which he now owns 
in that Town, be and hereby is set off from said Town of 
Groton and annexed to the Town of Dunstable in the same 
County ; and shall hereafter be considered as part of the 
same ; there to do duty and receive privileges as the other 
Inhabitants of the said Town of Dunstable : Provided never- 
theless, that the said Nathaniel Lawrence shall l)e holden 
to pay all Taxes that have lieen legally assessed on him by 
said Town of Groton in the same manner as if this Act had 
not been passed. Approved January 26, 1796. 



380 



Acts, 1795. — Chapters 30, 31. 



Preamble. 



Title to land. 



Treasurer 
authorized to 
recover dam- 
ages for injury 
to monument. 



1795.— Chapter 30. 

[January Session, cti. 4.] 

AN ACT FOR THE PRESERVATION OF A MONUMENT ERECTED 
ON THE HEIGHTS OF CHARLESTOWN. 

Whei^eas the Society of Free Masons, in Charlestoion, 
in the County of Middlesex, designated by the name of 
King Solomon's Lodge, have erected a Monument in 
Memory of Major General Joseph Warren, & his Asso- 
ciates, who were slain on the heights of said Charlestown, 
on the Seventeenth of June, One thousand seven hundred 
(& seventy-five, and have been presented by the Honble. 
James Russell ivith a j^iece of Land for that purpose: — 

Be it Enacted by the Senate and House of Rejyresenta- 
tives in General Court assembled & by the Authority of 
the same, That any legal Deed or Conveyance of the said 
Land, duly recorded, shall enable the said King-Solo- 
mon's Lodge of Free Masons, to hold the same in fee 
simple, for the purposes aforesaid, forever. 

And be it farther Enacted by the Authority aforesaid^ 
That the Master or Treasurer of the said Lodge for the time 
being, shall have power & authority to sue for and recover 
Damages in any Court of Law suitable to try the same, 
from any Person or Persons, who shall be convicted of 
defacing, injuring or destroying the said Monument; 
and the person or persons, thus convicted, shall, in addi- 
tion to such damages as may be legally awarded, pay to 
the Master or Treasurer of said Lodge, a Fine not exceed- 
ing Twenty Dollars, nor less than Two Dollars at the 
Discretion of the Court, before whom the action for Dam- 
ages shall be finally tried ; which Fines shall be appro- 
priated for the necessary repairs of the said Monument. 

Approved February 3, 1796. 



Boundaries. 



1795. — Chapter 31. 

[January Session, ch. 21.] 

AN ACT TO INCORPORATE THE PLANTATION OF WASHINGTON, 
LYING WEST OF SYDNEY IN THE COUNTY OF LINCOLN INTO 
A TOWN BY THE NAME OF BELGRADE. 

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, lying 
west of Sydney in the County of Lincoln, viz. Begining 



Acts, 1795. — Chapter 32. 381 

at the northwest corner of Sydney, from thence running 
west northwest about one mile and a half to the great pond 
so called, thence westerly across the said Great pond about 
three miles to the outlet thereof, on the northerly side of 
the outlet, thence westerly on the northerly side of the 
mile and half stream, about half a mile to the long pond 
so called, thence southerly through the middle of said long 
pond, about one mile to the north east corner of Mount 
Vernon, thence southerly and easterly by Mount Vernon 
line, about seven miles to the north line of the town of 
Readlield, thence easterly on said Readfield line, about 
three miles to the south west corner of Sydney aforesaid ; 
thence northerly on the west line of Sydney about nine 
miles to the first mentioned bound ; together with the in- 
habitants thereon be, & they hereby are incorporated into 
a town by the name of Belgrade ; and the said town is 
hereby invested with all the powers, priviledges and im- 
munities, which other towns in this Commonwealth do, or 
may enjoy by law. 

Aiid he it further Enacted by the authority aforesaid, 
that William Brooks Esqr. be, and he is hereby empow- ^"''^"j. 
ered to issue his Warrant, directed to some suitable issue wanaut. 
inhabitant of said town, requiring him to warn the in- 
habitants 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 months of March or April annually. 

Approved February 5, 1796. 

1795. — Chapter 33. 

[January Seseion, ch. 22.] 

AN ACT FOR ALTERING THE NAME OF THE BANK, INCORPO- 
RATED BY AN ACT MADE & PASSED IN THE YEAR ONE 
THOUSAND SEVEN HUNDRED AND NINETY FIVE INTITLED 
"AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME 
OF THE PRESIDENT & DIRECTORS OF THE MERRIMACK 
BANK." 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that the name of said Corporation shall be Name altered. 
altered, from the name of the President & Directors of 
the Merrimack Bank, and shall be the President, Direc- 
tors and Company of the Merrimack Bank, & by that 
name the said Corporation shall be capable and liable in 
law, and shall have the same powers and rights, & shall 



382 



Acts, 1795. — Chapters 33, 34. 



Proviso. 



be subject to all the restrictions and duties which are by 
the said incorporating Act given, required and established. 
Provided that all and every Note and obligation, and all 
contracts ab-eady made & entered into by or with the said 
Corporation, by the name of the President Directors and 
Company of the Merrimack Bank, or by the name of the 
President and Directors of the Merrimack Bank, shall be 
in full force and effect to all intents and purposes for and 
against the said Corporation, any thing to the contrary in 
the said incorporating Act, or in this Act notwithstanding. 

Approved February 3, 1796. 



Inhabitants in 
town meeting 
to determine 
respecting tlie 
tailing of fish. 



1795. — Chapter 33. 

[January Session, ch. 5.] 

AN ACT TO ENABLE THE TOWN OF NATICK TO REGULATE AND 
ORDER THE TAKING OF THE FISH CALLED SHAD AND ALE- 
WIVES WITHIN THE LIMITS OF SAID TOWN. 

Be it enacted by the Senate and House of Representa- 
tives 171 General Court assembled, and by the authority of 
the same, that from & after the publication of this Act, it 
shall & may be lawful for the inhabitants of said town of 
Natick, at their annual meeting in March or April, during 
the continuance of this Act, to determine and order in 
what manner, and by whom the said fish called Shad and 
Alewives may be taken within the limits of said town ; 
and the said inhabitants shall cause a copy of such order, 
attested by the town Clerk, to be posted up in some public 
place in said town, whereunto all persons shall conform 
witli respect to the taking said fish called Shad & Alewives 
within said town of Natick, on penalty that each and every 
offender against the same, shall forfeit and pay the sum 
of three Dollars and thirty three Cents, to be sued for 
and recovered before any Court proper to try the same, 
one moiety to the Informer, and the other moiety to the 
poor of said town of Natick. Approved February 5, 1796. 



1795. — Chapter 34. 

[January Session, ch. 6.] 

AN ACT TO ALTER THE TIMES OF HOLDING THE COURTS OF 
GENERAL SESSIONS OF THE PEA.CE, AND COURTS OF COM- 
MON PLEAS IN THE COUNTIES OF MIDDLESEX, HAMPSHIRE, 
BRISTOL, WORCESTER AND BERKSHIRE. 

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



Acts, 1795. —■ Chapter 35. 883 

the same, that from and after the first day of September Times of hoid- 
next, the several Courts of General Sessions of the Peace, altered in sev. 
and Courts of Common Pleas, by law to be holden within ^''"' "^o""**®^- 
& for the Counties of Middlesex, Hampshire, Bristol, 
Worcester and Berkshire in this Commonwealth, shall be 
respectively holden and commenced on Monday next pre- 
ceding the Tuesday on which said Courts are now^ by law 
required to be holden ; and all writs and processes for the 
said Courts, shall be made returnable, and shall be taken 
and have day by continuance and otherwise in said Courts 
accordingly — And the grand and petit Jurors by law to 
be summoned to the said Courts, shall be summoned and 
holden to appear on the Tuesday or second day of each 
term respectively, under the same penalties as are now 
established, any law to the contrary nothwithstanding. 

Ajyj^roved February 6, 1796. 

1795. — Chapter 35. 

[January Session, ch. 7.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED JONES 
PLANTATION IN THE COUNTY OF LINCOLN INTO A TOWN BY 
THE NAME OF HARLEM. 

£e it Enacted hy 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 lying Boundaries of 
East of Vassalborough in the County of Lincoln and 
bounded as follows beginning at the Northeasterly Corner 
of Vassalborough, from thence running South Sixty eight 
degrees East Six Miles, thence South twenty nine degrees 
west eight miles and one hundred and eighty rods ; thence 
North Sixty eight degrees west about Six miles to the 
South easterly corner of Vassalborough aforesaid ; thence 
North twenty nine degrees east and bounded by the East- 
erly line of said Vassalborough, about Eight Miles and 
one hundred and eighty Rods to the bound first mentioned 
together with the Inhabitants thereon be and the same 
hereby are incorporated into a Town by the name of 
Harlem and the said Town is hereby vested with all 
the powers, priviledges, and immunities which othey 
Towns within this Commonwealth do or may by Law 
enjoy. 

And be it further Enacted by the authority aforesaid 
that Ebenezer Farewell esquire be and he is hereby author- Ebenezer Fnre- 
ized to issue his warrant directed to some suitable inhabi- i^gue wa'^ram. 



384 



Acts, 1795. — Chapter 36. 



tant of said town, requiring him to warn the inhabitants 
thereof to meet at such time & place as shall be expressed 
in said warrant for the purpose of choosing all such Town 
Officers, as other Towns within this Commonwealth are 
required to choose within the months of March or April 
annually. Approved February 8^ 1796. 



Preamble. 



Proprietors 
incorporated. 



Common seal. 



To warn a 
meeting. 



1795. — Chapter 36. 

[January Session, ch. 10.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE 
PURPOSE OF BUILDING A BRIDGE OVER KENNEBECK RIVER 
AT FORT WESTERN IN THE TOWN OF HALLOWELL. 

Whereas the erecting a Bridge over Kennebeck River at 
Fort Western loould be of great public utility, and Samuel 
Howard <& others have i^etitioned this Court for an Act 
of Incorporation to empower them to build said Bridge: 

Be it therefore Enacted by the Senate & House of Repre- 
sentatives in General Court Assembled & by the Authority 
of the same, That Samuel Howard, William Howard, Joseph 
North, Daniel Cony, Jedediah Jewett, Samuel Dutton, 
"William Brooks, Matthew Hayward and James Bridge 
Esqrs. with all those who have associated for the purpose, 
together with all those who shall hereafter become pro- 
prietors in said Bridge shall be a Corporation and body 
politic, under the name of the proprietors of the Kenne- 
beck Bridge ; and by that name mny sue and prosecute 
and be sued and prosecuted to final Judgement & Execu- 
tion and do and suffer all other acts & things, which bodies 
politic may and ought to do & suffer ; and that said Cor- 
poration shall have full power & authority to make, have 
and use a Common Seal and the same to break, alter and 
renew at pleasure. 

And be it further Enacted that the said William Howard 
and Joseph North may by advertisement in one of the 
Newspapers printed in Hallowell, warn and call a meeting 
of the aforesaid proprietors to be holden in Hallowell 
aforesaid, at any suitable time after fourteen days from the 
publication of such advertisement ; and the said proprietors 
by a Vote of a Majority of those present, accounting and 
allowing one Vote to each share (provided no person 
shall be entitled to more than Ten votes) shall choose a 
Clerk, who shall be sworn to the faithful discharge of his 
Office ; also may at the same or any subsequent Meeting, 



Acts, 1795. — Chapter 36. 385 

choose such other officers as may be found necessary for 
managing the Business of the said Corporation, and sliall 
agree on a method for calling future meetings ; and at the 
same or any subsequent Meeting, may make and establish 
such Rules and Regulations, as shall be deemed convenient 
or necessary for regulating the said Corporation, effecting, 
compleating & executing the purposes aforesaid ; and for 
collecting the Toll herein granted ; and the same Rules 
and Regulations may cause to be kept & executed, and for 
the breach of any of them, may order and enjoin Fines 
and penalties not exceeding Four pounds ; provided that 
said Rules & Regulations be not repugnant to the Consti- 
tution or Laws of this Commonwealth. 

And be it further' Enacted by the Authority aforesaid, 
that said Bridge shall be erected at Fort Western, between piace where 
the Ferry calted Pollard's Ferry and the Mill Stream so ^''"'• 
called, which empties into Kennebeck River, about one hun- 
dred rods North of said Ferry ; and shall be built of good 
and sufficient materials, not less than Thirty feet wide, 
and well covered with plank or timber suitable for such 
a Bridge with sufficient rails on each side for the safety 
of Passengers. And the Sills or String-pieces of said Materials. 
Brido;e shall be laid at least sixteen feet above the surface 
of the water in the River at Common High Water, in the 
Summer Season ; so as to preserve without interruption 
the privilege of Transportation in Boats & other water 
Craft & of Rafts under said Bridge : — And the said Bridge 
shall be so constructed as to leave a passage between the 
Piers, which shall or may be erected for the support of 
said Bridge, the width of One Hundred Feet at least ; & 
not less than that width shall be preserved in each & every 
passage way between the piers under said Bridge. 

And be it further Enacted by the Authority aforesaid, 
that for the purpose of reimbursing the said Proprietors Toiiestab- 
of Kennebeck Bridge the money expended & to be ex- 
pended, in building, supporting & keeping in repair the 
said Bridge, & for indemnifying them for their risque ; 
a Toll be, and hereby is granted & established for the sole 
benefit of said Corporation, according to the rates follow- 
ing ; — vizt. — For each Foot passenger, or one person Rates of. 
passing said Bridge, Two Cents ; One person and horse 
Six Cents & one quarter of a Cent ; single Horse-Cart, Sled 
or Sleigh, Ten Cents ; each Wheel-Barrow, Hand-Cart & 
every other Vehicle capable of carrying a like weight, Four 



Proviso. 



386 Acts, 1795. — Chapter 37. 

Cents ; each Team, including Cart, Sled, or Sleigh, drawn 
by more than one Beast, not exceeding four, Twelve Cents 
& an half Cent ; & for every additional Beast above four, 
Two Cents each ; Each single horse & chaise, Chair or 
Sulkey, Sixteen Cents & three quarters of a Cent ; each 
Coach, Chariot, Phwton & Curricle, Thirty five Cents ; 
Neat Cattle or Horses, exclusive of those rode on or in 
Carriages, or in Teams, Two Cents; Sheep & Swine, for 
each dozen, Six Cents ; and at the same rate for a greater 
or less number. And in all cases the same Toll shall be 
paid for all Carriages passing said Bridge, whether the 
same be loaded or not loaded ; and to each Team one man 
& no more, shall be allowed as a driver to pass free from 
payment of Toll. And the said Toll shall commence at 
the Day of the first opening of the said Bridge for pas- 
sengers, and shall continue for and during the term of 
Seventy-five Years from the said Day, and be collected as 
shall be prescribed by the said Corporation : provided the 
said Proprietors shall at all times keep the said Bridge in 
good & passable repair ; and provided also that any of the 
Inhabitants of the said Town of Hallowell, going to, or re- 
turning from Pul)lic Worship, on the LORD'S DAY, or at 
the annual Meetings in said Town, in the months of March, 
April or May forever hereafter, shall have Liberty to pass 
& repass the said Bridge free from Toll. 

And be it further Enacted, that if the said Corporation 
shall neglect or refuse for the space of seven years from 
the passing this Act, to build & complete the said Bridge, 
then this Act shall be void & of none etfect. 

Approved February 5, 1796. 

1795. — Chapter 37. 

[January Session, ch. 11.] 

AN ACT, IN ADDITION TO AN ACT PASSED IN THE YEAR OF 
OUR LORD, ONE THOUSAND, SEVEN HUNDRED AND EIGHTY- 
THREE, INCORPORATING THE EAST PARISH OF SOUTH BRIM- 
FIELD INTO A DISTRICT BY THE NAME OF HOLLAND. 

Preamble. Wliereas difficulties have arisen respecting supporting the 

public Road lohich is by said Act the dividing Line betwixt 
South Brimfield <& the District of Holland; — for the rem- 
edy of which 

Be it Enacted by the Senate and House of Representatives 
in General Court assembled <& by the authority of the same. 



Acts, 1795. — Chapter 38. 387 

— That from & after the passing this Act, one mile, two 
hundred and ten rods of the beforementioned Road, be- 
ginning at Brimfield South line and running Southerly, 
shall forever hereafter belong to and become a part of 
the District of Holland. Approved February S, 1796. 

1795.— Chapter 38. 

[January Session, ch. 12.] 

AN ACT TO INCORPORATE THE PLANTATIONS, NUMBER TWELVE 
& THIRTEEN, WEST OF MACHIAS IN THE COUNTY OF WASH- 
INGTON INTO A TOWN BY THE NAME OF COLUMBIA. 

Be it Enacted by the Senate & House of Representatives 
in General Court Assembled, and by the Authority of the 
same, that the Plantations number Twelve & Thirteen, Boundaries. 
west of Machias in the County of Washington bounded as 
follows to wit ; Beginning at the South East Corner of 
Plantation number Thirteen, on the head line of Planta- 
tion number Six ; thence running West ten miles and a 
quarter on said head line of number Six and number Five 
to a Corner, bounded on the Easterly side of number 
Eleven ; thence running North five miles & three quarters 
to a Corner which terminates in a Pond ; thence East on 
the Southerly bounds of Townships number Eighteen & 
Nineteen, Ten miles and a quarter to a Corner; thence 
South, five miles and two hundred and nine rods on 
the Westerly line of Township number Twenty-two to 
the first mentioned bounds together with all the inhabi- 
tants thereon be and they hereby are incorporated into Columbia incor- 
a Town by the name of Columbia. And said Town is p'"''*'^''- 
hereby vested with all the powers, privileges and immu- 
nities which other Towns in this Commonwealth do or 
may by law enjoy. 

And be it further Enacted, that Alexander Campbell Esq^'to is^ue""' 
Esqr. be and he hereby is empowered to issue his War- warrant. 
rant directed to some suitable Inhabitant of said Town, 
requiring him to warn a meeting of the Inhabitants of said 
Town, at such time and place as shall be expressed in such 
Warrant, for the purpose of choosing such Town Officers 
as other Towns are empowered to cho[o]se in the month 
of Marcher April annually. Approved February 8, 1796. 



388 Acts, 1795. — Chapter 39. 



1795. — Chapter 39. 

[January Session, ch. 17.] 

AN ACT TO DIVIDE THE TOWN OF PENOBSCOT INTO TWO DIS- 
TINCT TOWNS; AND TO INCORPORATE THE SOUTHERLY PART 
THEREOF INTO A TOWN BY THE NAME OF CASTINE. 

Be it Enacted by tJie Senate & House of Representa- 
tives in General Court assembled, and by the authority 
of the same, that the town of Penobscot in the County of 
Hancock, be, and hereby is divided into two seperate and 
distinct Towns, and that the southerly part thereof bounded 

Boundaries. as foUows, Viz. beginnino" at the north west corner of 
Andrew Steele's lot of land on Penobscot Bay, or River 
so called, thence running on said Steele's northerly line, 
till it strikes the center line, so called, dividing the lots 
on each side of the neck of land, thence down said center 
line a southwesterly course, till it comes to the dividing 
line between Oliver Parker esqr. and Peter Mograge ; 
thence by said dividing line, a southerly course to Moore's 
Cove so called, from thence over the Waters of Majabigua- 
duce river so called, including the whole of the peninsula, 
to the northerly line of land belonging to John Condon, 
in the Cove opposite the peninsula ; thence running south 
seventy eight & three quarters of a degree east, to the line 
dividing Penobscott from Sedgwick ; thence southwesterly 
adjoining the town of Sedgwick, to Bucks harbour so 
called ; thence following the course of the Bay round Cape 
Rosia, to the south-western extremity of the peninsula of 
Penobscot ; thence round the Bay called Penobscot Bay 
or River, to the northwesterly corner of Andrew Steele's 
lot aforesaid, together with all Islands included within said 
lines, and the inhabitants within the same be, and they 
hereby are incorporated into a town by the name of Cas- 
tine, with all the powders, priviledges and authority of 
other towns in this Commonwealth. 

And whereas the Court of Common pleas, and Court of 
General Sessions of the peace for the County of Hancock, 
have been heretofore liolden in that part of the town of 
Penobscot now hereby incorporated : 

Shire town. J^e it fur tiler Enacted by the authority aforesaid, that the 

said Courts shall continue to be holden in said town of 
Castine, and the said town of Castine shall be, & hereby 
is constituted the shire town of said County of Hancock ; 



Acts, 1795. — Chapter 39. 389 

& all Writs, Precepts & Judicial proceedings whatever, 
which are or may be returnable to either of the Courts 
aforesaid, shall be accepted, adjudged, and considered by 
the said Courts in the said town of Castine, any Law to 
the contrary notwithstanding. 

A7id be it further Enacted by the authority aforesaid, 
that the County roads now laid out within the said towns Roads and ex- 
of Penobscot and Castine, shall be divided into two equal dfvidedl^Jtween 
parts; and each of said towns shall at their own expence casune!"' ^"'^ 
open, clear out, bridge, causeway, and put in good pass- 
able repair for Teams and Carriages, one half of the said 
roads, within three years from the passing of this Act ; & 
in case of any disagreement between the said towns, with 
respect to the division of the said roads, the Court of Gen- 
eral Sessions of the peace for the County of Hancock may, 
on application from either party, make or order such divi- 
sion : Provided however, that when the said roads shall be 
put in repair as aforesaid, each town shall maintain & keep 
in repair the roads lying within the same. 

And he it further Enacted by the authority aforesaid, 
that untill a new general Valuation is taken, the State taxes Proportion of 
which may be called for from the aforesaid towns, shall be ^^^^ ^^"^'' 
levied in the following proportion. Viz. Three fifths of the 
whole sum on the town of Castine, and two fifths thereof 
on the town of Penobscot, and each of the aforesaid towns 
shall be holden to pay such proportion accordingly. 

And be it further Enacted by the authority aforesaid, 
that Oliver Parker Esqr. be, and hereby is authorized and Elq.^Vissur' 
directed to issue his Warrant to some principal inhabitant warrant. 
of the said town of Castine, requiring him to notify the 
inhabitants of said town, qualified as the law directs, to 
assemble at the time & place by him appointed, to elect 
such Ofiicers as towns are by law empowered to elect in 
the months of March or April annually : Provided how- 
ever, that nothing in this Act contained, shall be construed 
as a relincjuishment of any property, which either of the 
towns aforesaid may claim as belonging to Township num- 
ber three, before its incorporation. 

ApjJroved February 10, 1796. 



390 



Acts, 1795. — Chapter 40. 



Boundaries. 



Oliver Parker, 
Esq. to iBsue 
warrant. 



1795. — Chapter 40. 

[January Session, ch. 18.] 

AN ACT TO INCORPORATE THE NORTHERLY PART OF THE 
PLANTATION CALLED DUCK TRAP IN THE COUNTY OF HAN- 
COCK INTO A TOWN BY THE NAME OF NORTHPORT. 

Be it enacted hy the Senate & House of Representatives 
in General Court Assembled, & by the Authority of the 
same, that the Northerly part of the Plantation called Duck 
trap in the County of Hancock contained within the fol- 
lowing description to wit, beginning at Little River, so 
called, on the line of the town of Belfast, thence running 
a Southwesterly course round the shore of the Bay called 
Penobscot Bay & round Duck Trap point, so called, to the 
line dividing Joshua Adams's land from land belonging to 
John Wade, thence upon said line North West by North 
or 'till it strikes the head of a pond about a mile from the 
shore, from thence across said Pond the same course 'till 
it strikes the line dividing Henry Pendleton's land from 
land of George Pitcher, thence North West by North so 
far as to make six miles from the shore, thence North east 
by East three miles & one sixteenth, thence South twenty 
two degrees East ninety rods to the Southwesterly line of 
Belfast, thence North sixty eight degrees East upon Bel- 
fast line three miles & eighty nine rods to the first men- 
tioned boundary, together with the inhabitants within said 
District be & they hereby are incorporated into a town by 
the name of Northport with all the powers, privileges & 
immunities of other towns in this Commonwealth. 

And be it further enacted by the authority aforesaid 
that Oliver Parker esqr. be & he hereby is authorized & 
directed to issue his warrant to some principal inhabitant 
of the said Town of Northport requiring him to warn the 
inhabitants of said town to meet at such time & place as 
shall be appointed in said warrant to elect such officers as 
Towns are by Law impowered to elect in the month of 
March or April, annually. Provided nevertheless, that the 
inhabitants hereby incorporated shall be holden to pay 
their proportion of all Taxes heretofore assessed upon the 
Plantation of Duck Trap, & all other demands thereon. 

Approved February 13, 1796. 



Acts, 1795. — Chapter 41. 391 



1795. — Chapter 41. 

[January Session, ch. 1.] 

AN ACT ESTABLISHING & REGULATING THE FEES OF THE SEV- 
ERAL OFFICERS & OTHER PERSONS HEREAFTER MENTIONED. 
& FOR REPEALING THE LAWS HERETOFORE MADE FOR THAT 
PURPOSE. 

Be it Enacted hy the Senate and House of Representa- 
tives in General Court assembled, & by the autliority of the 
same. That from and after the first day of April next, 
the fees of the several persons hereafter mentioned, for 
the services respectfully annexed to their names shall be 
as follows, vizt. 

Justices Fees. 

For every blank writ of attachment & summons thereon, Justices' Fees. 
or original summons, seventeen cents. 

For the declaration in each writ of attachment & sum- 
mons thereon, or original summons triable before a Jus- 
tice, forty cents. 

Every subpoena, for one or more witnesses, Ten Cents. 

For the entry of an action, or filing a complaint in civil 
causes, including filiog of papers, examining, allowing & 
taxing the bill of costs, & entering up the Judgements 
and recording the same. Sixty one cents. The trial of an 
issue, fifty cents. 

Copy of every Evidence, original paper or record, if 
under a page, ten cents ; if upwards of a page, at the rate 
of twelve cents per page. Writ of Execution, twenty 
five cents. 

A Recognizance to prosecute an appeal, including prin- 
cipal & surety, twenty cents. 

Taking Affidavits out of Court to be used in the trial 
of any cause actually dejjending, twenty cents ; for the 
Ju-«tices travel therefor, both going out & returning home, 
at the rate of Fifty cents for every ten miles ; for writing 
the deposition, caption & notification at the rate of twelve 
cents per page : And the Justice who shall take any Dep- 
osition, shall certify his own and the deponents fees. 

Taking Affidavits in perpetual remembrance of the thing, 
to each Justice, twenty cents ; and for his travel and the 
writing, the same as in the case last mentioned. 

Administering an oath to persons appointed to appraise 



392 Acts, 1795. — Chapter 41. 

estates, or to appraise & divide real estates, together with 
Certificates of the same, twenty cents. 

Administering an oath to one or more witnesses at the 
same time, before Referees or Arbitrators, twenty cents; 
and for travel for that purpose the same as in the case of 
taking affidavits. 

Taking the acknowledgement of a deed with one or 
more seals, provided it be at one and the same time and 
certifying the same, seventeen cents. 

Granting a Warrant, swearing appraisers relating to 
strays, and entering the same, Thirty two Cents. 

Administering oaths in all other cases, with certificates, 
except oaths to town, district or parish Officers, twenty 
cents. 

Receiving a complaint & issuing a warrant in criminal 
cases, fifty cents. 

Entering a complaint in criminal prosecutions, render- 
ing Judgement and recording the same, examining, allow- 
ing & taxing the costs & filing the papers, seventy-five 
cents. 

Recognizing persons charged with crimes, for their ap- 
pearance at the Court of General Sessions of the Peace, 
or at the Supreme Judicial Court, and for certifying and 
returning the same with or without Sureties, twenty-five 
cents, to be paid by the person so recognizing. 

For a mittimus for the commitment of any person on a 
criminal accusation, twenty five cents. 

Coroners Fees. 

Coroners' Fees. YoY scrviug a Writ, summous or execution, & for col- 
lecting the monies due thereon, and for travel in return- 
ing precepts & inquisitions, the same allowance as is by 
this Act allowed to Sheriffs for similar services. For a 
Bail-bond, twenty-five cents. 

Every trial where the Sheriff is concerned, twenty five 
cents ; and the same for attending the Jury therein. 

Granting a Warrant & taking an inquisition on a Dead 
body, One dollar, if more than one at the same time, and 
who came to their death by the same means, twenty cents 
for each one after the first. 

Travel and expence for taking an inquisition, one dollar 
a day. To each of the .lurymen for their travel, if above 
four miles out, three cents a mile each way, & for their 



Acts, 1795. — Chapter 41. 393 

services seventy five cents per day, including time & 
expences. 

The Constable for his attendence & expences in sum- 
moning a Jury, ninety cents a day. 

And all the aforesaid charges of the inquisition, shall 
be paid out of the County Treasury, except such as are 
taken upon bodies of Strangers, not belonging to this 
Commonwealth ; and in such cases, the expences shall be 
paid out of the Treasury of this Commonwealth, an ac- 
count of such expences being first examined & allowed by 
the Court of General Sessions of the peace, in the County 
in which such inquisition shall be taken. 



J^ees of Judges of Probate. 

For granting administration where there is no litigation. Probate Fees. 
fifty cents ; and in other cases, One dollar. 

Appointing or allowing Guardians to minors, forty cents 
in each case, except in cases where one Guardian is ap- 
pointed for more than one minor ; when the Judge shall 
he intitled to five Cents each for all more than one minor. 

A decree respecting the probate of a Will or Codicil, 
where the same is not contested, fifty cents ; and in all 
other cases. One dollar. 

Examining & allowing an Inventory, swearing the 
executor or executors, administrator or administrators, 
twenty cents. 

Swearing apprisers of an estate, fifteen cents. 

Examining & allowing accounts not exceeding two 
pages, forty cents, and for all above two pages, at the 
rate of fifteen cents, each page. A decree for settling an 
intestate estate, forty cents. 

A Citation, fifteen cents. 

A summons for one or more witnesses, ten cents. 

A quietus, twenty cents. 

A warrant to appraise or divide estates, thirty cents. 

Issuing a commission to receive & examine the claims 
of Creditors, when an estate is represented insolvent, 
twenty cents. 

An order of distribution, twenty cents. 

Granting an appeal to the Supreme Court, twenty cents. 



394: 



Acts, 1795. — Chapter 41. 



Probate Fees. 



Register of Probate's Fees. 

For writing a bond & letter of administration, forty 
cents. 

Writing a bond & letter of Guardianship & making 
record thereof, for one Minor sixty cents, & if for more 
than one Minor for whom the same Guardian is appointed 
at the same time, ten cents for each minor more than one. 

Drawing a decree respecting the probate of a will or 
codicil, forty cents. Writing a bond for the Executor, 
twenty cents. 

Writing a warrant to appraise the estate of a person 
deceased, twenty cents. 

A warrant to divide an intestate estate among the heirs ; 
writing a warrant to set oft' a Widow's dower, or a warrant 
to receive & examine the claims on an insolvent estate, 
twenty cents. 

Entering the account of an executor, administrator or 
guardian, and an allowance thereof, or for entering on an 
inventory the oath of an executor or administrator, fifteen 
cents. 

Drawing up a decree on the settlement or partition of 
an estate, twenty cents. For drawing an order of distri- 
bution, twenty cents. 

A quietus, twenty cents. A Citation fifteen cents. 

A summons for a witness or witnesses, ten cents. 

Proportioning an insolvent estate among the creditors 
thereto, at the rate of fifty cents for every twelve credit- 
ors, every creditor's proportion being distinguished. 

Recording any matter at the rate of twelve cents each 
page, and the same for a copy of any paper. 

A bond of appeal, twenty cents. 

And no Fee shall be demanded by the Register of 
Prol)ate, for taking from the files in his oflSce, or trans- 
porting to the place of the sitting of the Probate Court, 
such papers as are necessary in the settlement of any 
estate or account in the said Court. 



In the Court of Com3ion Pleas : 
Justices Fees. 
juBtices- Fees YoY the cutrv of au action including the taxing of the 

in the Court of o o 

Common Pleas, bill of COStS, eighty CCUts. 

And in every action where an issue in Law or Fact is 
joined. One dollar, in addition to the Fee for entry. 



Acts, 1795. ~ Chapter 41. 395 

Granting an appeal and taking a recognizance of the 
Principal and Surety or Sureties, twenty cents. Proving 
a deed, twenty cents. 

Surrender of a principal into Court, by his bail, twenty 
cents. 

Granting a writ of protection, twenty five cents. 

Entering a petition & making an order thereon for the 
sale or })artition of a real estate, seventy cents. 

Accepting partition of Real estate, forty cents. 

Accepting a Report of Referees, where the acceptance 
thereof is contested, sixty cents, otherwise thirty cents. 

J^ees of the Clerk of the Court of Common Pleas, 

For the entry of an Action including the taxing of the Fees of the 
bill of costs & filing the papers, fifty cents. clfur't of com- 

Entering & recording a Verdict or report of Referees, ™"° ^'®'**' 
twelve cents. Every action withdrawn or nonsuit, eight 
cents. 

Confessing judgement, or default, or joinder in demur- 
rer, ten cents. 

Entering up judgement & recording the same at large 
when no issue is joined, twenty cents ; and where an issue 
in Law or Fact is joined, forty cents. 

Acknowledging satisfaction of a Judgement on the 
record, eight cents. 

Entering an appeal & recognizing principal & sureties, 
fifteen cents. 

Continuing each cause to the next term, twelve cents. 

Entering the surrender of a principal into Court, and 
making a record thereof, fifteen cents. 

For entering a petition and order thereon for the parti- 
tion or sale of real estate, twenty cents ; & for recording 
such petition & order, at the rate of twelve cents a page. 

Entry of a rule of Court, upon the parties submitting a 
cause to Referees, fifteen cents. 

Proving a deed in Court & certifying the same, twenty 
cents. 

Every blank writ of attachment, with summons thereon, 
fifteen cents. 

Every blank writ of scire facias^ or original summons, 
fifteen cents. 

An original or alias writ of execution in personal mat- 
ters, & filing the same, when returned, twenty five cents. 

A writ of possession in real actions, forty cents. 



396 Acts, 1795. — Chapter 41, 

A writ of protection or habeas corpus twenty-five cents. 

A subpoena for one or more witnesses, ten cents. 

A duces tecum, twenty five cents. 

Each venire facias for jurymen to be paid out of the 
County Treasury, five cents. Opening & filing a deposi- 
tion, eight cents. 

In the Court oj General Sessions of the Peace. 

onhe^sfssi'onr "^^^ ^^^^^ Justicc for each day's constant attendance in 
Court, one doUar. 

And no Justice shall be allowed pay for more than two 
days attendance at any one term. 

To each Justice who shall travel more than ten miles to 
the Court-house or place where the Court sits, at the rate 
of One dollar for every twenty miles travel, computing 
out & home : the travel & attendance to be paid out of 
the County Treasury ; except such Justices as are sworn 
Attornies at law, or Clerks of the several Courts of Ses- 
sions, who shall not be allowed for travel or attendence ; 
the Clerk of said Court shall keep an account of their 
attendance as aforesaid : And all fines that shall be assessed 
by said Court & are not otherwise appropriated by law, 
shall be paid into the County Treasury, for the use of the 
County. 

Fees of the Clerk of the Court of General Sessions of the 

Peace. 

I{Qe^ne?li'BeB- Entering an indictment, presentment, complaint or in- 
nl"!**^ ^^^ formation, including the recording of the Judgement of the 
Court therein, examining and casting the bill of costs, and 
filing the papers, sixty five cents. Discharging a recogni- 
zance, ten cents. 

Each warrant for a criminal, twenty cents. 

Each Subpoena for witness or witnesses, ten cents. 

Each recognizance for an innholder or retailer, includ- 
ing principal & sureties & for transmitting the name of 
the licensed person to the Selectmen, & recording the 
license, fifteen cents. 

A warrant for County Tax, twenty cents. 

Warrant to lay out or alter a road, twenty cents. 

Examining and casting the grand Juror's account yearly, 
& the order thereon, thirty cents. 



Peace 



Acts, 1795. — Chapter 41. 397 

Examining any other account, eight cents. 

Recording the reports of highways and other matters by 
order of Court, twelve cents a page. 

Copies of all papers or records, twelve cents a page. 

Entering an appeal, and recognizing principal and sure- 
ties, twenty cents. 

Keeping an account of the attendance of the Justices of 
the Court of General Sessions each term, to be paid out 
of the County Treasury, seventy-five cents. 



In the Supreme Judicial Court. 
Justices Fees. 

Entering an action or complaint, including the taxing judges' Fees. 
of a bill of costs, one dollar & twenty cents. 

Taking special bail, forty cents. 

Allowing a writ of error, granting certiorari, habeas 
corpus or other Avrit, on motion, forty cents. 

Granting a writ of protection, thirty cents. 

Proving a deed, twenty cents. 

Entering a petition & making order thereon, for the 
sale or partition of real estate, one dollar. 

Accepting a partition of real Estate, forty-cents : 

The foregoing Fees to be paid to the Clerk of said Court ; 
who shall some time in the month of December annually, 
certify to the Governor and Council the sums by him so 
taken and received and paid over to the said Justices, 
that the same may be deducted from the said Justices' 
Salary ; and the Governor & Council are hereby em- 
powered to deduct the same accordingly. 

Fees of the Clerk in the Supreme Judicial Court. 

Enterino- each action for Trial, seventy cents. Fees of the 

o ^ *j Clerk of the 8u- 

Entering each complaint, thirty five cents. preme Judicial 

Receiving & recording a Verdict, forty cents. 

A writ of review, seventy cents. 

A writ of scire facias, forty cents. 

An original writ of execution, including the taxing of 
the Costs and filing of the papers, sixty five cents. 

An original writ of habere facias possessionem, includ- 
ing the taxing of the costs & filing of the papers, eighty 
cents. 



398 Acts, 1795. — Chapter 41. 

An alias writ of execution, thirty five cents. 

An alias writ oi facias habere possessionem, fifty cents. 

A writ of habeas corpus, forty cents. 

Copies of all papers containing less than one page, ten 
cents each ; of all papers containing more than a page, at 
the rate of twelve cents a page. Entering a rule of Court, 
fifteen cents. 

Confessing judgement or default, twenty cents. 

Every action withdrawn or nonsuit, twenty cents. 

Entering an appearance, ten cents. 

Acknowledging satisfaction of a judgement on Record, 
twelve cents. 

Continuing each cause & entering the same next term, 
twenty cents. 

Proving a deed in Court, & certifying the same, twenty 
cents. 

Entering up a Judgement & recording the same at 
large in cases where judgement is rendered, on verdict, 
demurrer or state of facts, sixty cents, and in all other 
causes, thirty cents. 

For each venire facias for jurymen, to be paid out of the 
County Treasuries respectively on the Justice's Certificate, 
six cents. 

Every writ & seal, other than before mentioned, forty 
cents. 

Every Subpoena, for one or[e] more witnesses[s], ten 
cents. 

Each recognizance, including principal & sureties, 
twenty cents. 

Recording Judgement in every criminal cause, forty- 
cents. 

A writ of protection, twenty cents. 

Entering a discharge of a recognizance by proclamation, 
fifteen cents. For opening & filing a deposition, ten cents. 

Allowance to Parties <& Witnesses. 
Fees to Parties ^q parties recovcring costs for an Attorney in all causes 
where an issue in law, or fact is joined in the Supreme 
Judicial Court, Two Dollars fifty Cents, & in all other 
causes in said Court, One Dollar twenty five Cents. 

And in all causes in the Court of Common pleas, and 
Court of General Sessions of the Peace, where an issue 
in law or fact is joined, One Dollar & fifty Cents, and in 
all other causes in said Court One Dollar, for the decla- 
ration in each Writ fifty Cents. 



Acts, 1795. — Chapter 41. 399 

For parties recovering costs, whether in the Supreme 
Judicial Court, Court of Common pleas, General Ses- 
sions of the peace, or before a Justice of the peace thirty 
three Cents for each days attendance and travel, ten miles 
to be accounted as one day ; no allowance shall be made 
for travel to or from the Clerks Office to take out a Writ 
or Summons, or carry the same to an Ofiicer ; & no plain- 
tiff shall be allowed for more than three days attendance 
when the Defendant is defaulted, unless the Defendant ap- 
pears in Court and makes answer to the plaintiff's suit, in 
which case if the Defendant is defaulted after the expira- 
tion of three days, no attendance shall be taxed for the 
plaintiff after the day when the default shall happen : 

Provided nevertheless, that when the party recovering 
costs in any Court shall live more than forty miles from 
the place of holding such Court, and such party shall not 
actually travel to attend the same Court in such cause, 
there shall not be allowed for travel in taxing the bill of 
costs, more than forty miles distance, unless such party 
shall employ some Agent or Attorney, who shall in fact 
travel more than forty miles for the special purpose of 
attending such Court in such cause. 

In a criminal cause, where one or more Defendants are 
tried by the Jury at the same time in the Supreme Judi- 
cial Court, or where the cause is determined by an issue 
in law, for the Attorney General, or person attending for 
the Commonwealth, Two Dollars & fifty Cents : And if 
there be no trial by the eJury, and the cause be not deter- 
mined by an issue in law. One Dollar twenty five Cents ; 
& in all causes in the Court of General Sessions of the 
peace. One Dollar & twenty five Cents. 

Drawing an Indictment in the Supreme Judicial Court, 
One Dollar & twenty five Cents ; & in the Court of Gen- 
eral Sessions of the peace sixty five cents. 

Witnesses in civil or criminal causes whether in the 
Supreme Judicial Court, Court of Common pleas or Gen- 
eral Sessions of the peace Seventy five Cents for each 
day's attendance, & four Cents for each mile's travel going 
out & returning home : And before a Justice of the peace. 
Referees or Arbitrators, thirty three Cents per day, & for 
their travel the same as at other Courts ; provided such 
Witnesses do personally attend said Courts respectively, 
and certify in writing their time & travel. 



400 Acts, 1795. — Chapter 41. 

Sheriff's & Constables Fees. 
Fees of Sheriffs, -pox the servicG of ail original summons or scii^e facias*, 
either by reading the same, or by copy, on one Defendant, 
thirty Cents ; if on more than one Defendant, then for 
each other Defendant so served, thirty Cents. 

For the service of a capias or attachment on one Defend- 
ant with summons, thirty Cents ; if served on more than 
one Defendant, then thirty Cents for each Defendant so 
served : And if the Officer by the written direction of the 
plaintiff or plaintiffs his or their Agent or Attorney shall 
make a special service of any such Writ, either by attach- 
ing property or taking the body therefor, such special 
service on each Defendant on whom such Writ shall be so 
served, the Sheriff shall be allowed fifty Cents. 

And where the Officer is by law directed to leave a 
copy in order to compleat the service, or shall give a 
copy of any precept upon demand thereof, he may charge 
at the rate of twelve Cents a page. 

P'or a bail bond and writing the same including princi- 
pal and sureties to be paid by the person admitted to bail, 
and taxed for him if he shall prevail, twenty Cents. 

Serving a Writ of possession exclusive of fees for col- 
lecting on the costs One Dollar & ten Cents ; if on more 
than one peice of land, seventy five Cents for each peice 
of land after the first. 

The fees for collecting the costs on a Writ of possession, 
the same as on executions in personal actions. 

Serving a Warrant, thirty Cents. 

Sheriff's aid in criminal cases, to each person for every 
twelve hours attendance, including expences, One Dollar, 
& so in proportion for a greater or less time & four Cents 
for each mile's travel going out & returning home. 

Summoning Witnesses in criminal cases, ten Cents for 
each Witness, and travel as in civil causes, unless in special 
cases when the Court may increase the fee to what they • 
may judge reasonable. 

For the Sheriffs or Constables attending the Court, and 
keeping the prisoner in criminal cases, seventy five Cents 
for every twelve hours ; and so in proportion for a greater 
or less time. 

Levying Executions in personal actions, for the first 
One hundred Dollars four Cents ; for every Dollar above 
that, and not exceeding two hundred Dollars, two Cents 



Acts, 1795. — Chapter 41. 401 

for every Dollar, and for all above two hundred Dollars, 
one Cent for every Dollar ; travel for the service of such 
executions, and also of mean processes or Warrants to 
him directed, four Cents a mile, the travel to be computed 
from the place of service to the Court or place of return 
by the usual way, only one travel shall be allowed for one 
Writ, Execution or Warrant ; and if the same be served 
on more than one person, then the travel shall be com- 
puted from that place of service w hich may be most remote 
from the place of return, with all further necessary travel 
in serving such Execution, Writ or Warrant: But if the 
travel from the place of service to the place of return be 
more than fifty miles then only one Cent a mile shall be 
allowed for all travel exceeding that distance. 

The travelling fees & fees of service shall be endorsed 
by the Officer serving the same, otherwise they shall not 
be allowed. 

Serving an Execution upon a Judgment of Court for 
partition of real estate, or assigning of Dower, One Dol- 
lar a day, & four Cents a mile out from the place of his 
abode. 

And no Sheriff shall demand or receive from any of his 
Deputies, more than at the rate of twenty five per cent on 
the amount of fees for travel and service. Every trial in 
a Court of record, fifteen Cents. Every default eight Cents. 

For returning the Certificates of Votes of the several 
towns for a Governor, Lieutenant Governor, Counsellors 
and Senators to the Secretary's Ofiice, eight Cents a mile, 
computing from the place of his abode to the Secretary's 
Office, to be paid out of the Treasury of the Common- 
wealth, and but one travel shall be allowed for the whole. 

To the Officer attending the Grand-jury, for each day's 
attendance seventy five Cents. 

The Officer attending the petit jury, for every cause, to 
be paid with the Jury fees, twenty five Cents. 
• For dispersing venires for Jurymen, Treasurer's War- 
rants, & Proclamations of all kinds, eight Cents each. 

To each appraiser of real estate, for extending Execu- 
tion or assigning Dower, one Dollar a day, and travel at 
the rate of four Cents a mile going out & returning home. 

For every Deputy Sheriif or Constable who shall attend 
the Supreme Judicial Court, or Court of General Sessions 
of the peace or Common pleas by their order, seventy 
five Cents a day, to be paid out of the County Treasury. 



402 Acts, 1795. — Chapter 41. 

And for the encouragement of the Sheriff in each County 
to take & use all possible care and diligence for the safe 
keeping of prisoners committed to his custody, he shall 
have such salary allowed him, as the Justices of the Court 
of General Sessions of the peace within the same County 
shall order, not exceeding forty Dollars a year for the 
County of Suffolk, and not exceeding twenty five Dollars 
a year for any of the other Counties within the Common- 
wealth, to be paid out of the Treasury of such County. 

To Constables for the service of ventres, twenty five 
Cents, and four Cents a mile for travel to the Clerk's 
Office to be paid out of the County Treasury. 



Crier's Fees. 



Criers Fees. 

Calling a Jury eight Cents, to be paid with the Jury 
fees. 

A default or nonsuit, a judgment affirmed on complaint, 
a verdict or demurrer, fifteen Cents each. 

Discharging a recognizance by proclamation eight Cents ; 

Said fees to be paid to the Clerk for the use of the Crier. 



Goaler's Fees. 



Godlers Fees, 

Turning the Key for each prisoner committed or dis- 
charged, twenty Cents. 

Dieting each prisoner, such sum weekly as the Court 
of Sessions shall from time to time judge reasonable. 



Fees for Mar- 
riages. 



For Marriages. 

To the town Clerk for publishing the banns of matri- 
mony, recording the same, giving a certificate of the 
publishment, and recording the marriage upon receiving 
the Justice's or Ministers certificate thereof, fifty Cents to 
be paid by the man published on receiving a certificate of 
the publishment. 

And the town Clerk shall not in future be holden to 
return certificates of marriages to the Clerks of the Courts 
of General Sessions of the peace, nor Clerks last men- 
tioned to record the same. 

To every Minister or Justice of the Peace who shall 
lawfully solemnize a marriage & certify the same, One 
Dollar & twenty five Cents. 



Acts, 1795. — Chapter 41. 403 

To the Town Clerk for recording births & deaths, 
eight Cents each. For a certificate of a birth or death, 
ten Cents. 

For a subpoena for one or more witnesses, ten Cents. 



Fees in the Secretary's Office. 
For a Certificate under the Seal of the Commonwealth Fees in the sec- 

f./. .1 /^-nvn retary'a omce. 

for the benefit of particular persons. One Dollar. 

For every order of notice from the General Court upon 
petition forty Cents. Every other order forty Cents. 

For all copies for the benefit of particular persons, at 
the rate of twelve Cents a page. 

The Secretary shall keep an account of all fees by him 
received by virtue of this Act, that the General Court 
may once a year know the amount thereof, and take the 
same into consideration at the time of making a grant to 
him for his services. 

And it is to be understood that a page as mentioned in 
this Act should contain two hundred & twenty four words. 

Messenger of the General Court. 
Serving every Warrant which the General Court or Fees for the 

.,, TT • /• • • • j^i" 'A Messenger of 

either House may issue tor imprisoning or taking into the General 
custody any person forty Cents. For travel therefor each *^°"'''^* 
mile out and in, six Cents. 

Keeping & providing food for such person forty Cents 
a day. 

For the discharge or dismission of such person, forty 
Cents. 

County Register's Fees. 

For entering & recording a Deed or other paper of the county Regis- 
length of one page or under, twelve Cents ; and for certi- 
fying on the original the time when, and the book & 
page where the same may be recorded, five Cents. 

If the Instrument recorded exceed the length of a page, 
at the rate of fourteen Cents a page, the fees to be paid 
at the ofiering of the instrument. 

For all copies at the rate of fourteen Cents a page. 

For entering in the margin a discharge of a Mortgage, 
to be signed by the person discharging the same, twelve 
Cents. 



404 



Acts, 1795. — Chapter 41. 



Jurors' Fees. 



Constables 
authorized. 



List of Fees to 
hang up ia 
several offices. 



Fees to be speci. 
fied.if required, 



Alloicance to Jurors. 

And be it further Enacted hy the autJiority aforesaid^ 
that the Grand-jurors attending at the Supreme Judicial 
Court, and Court of General Sessions of the peace, & 
the Jurors for trials attending either of said Courts or the 
Court of Common pleas shall each be allowed ninety 
Cents a day for their attendance, and four Cents a mile 
for their travel out and home, to be paid out of the 
County Treasury : And there shall be paid to the Clerk 
of the Supreme Judicial Court, and to the Clerk of the 
Court of Common pleas, & the Clerk of the Court of 
General Sessions of the peace respectively, by the plain- 
tiff or Appellant, the sum of six Df)llars for the trial of 
each civil action, for the use of the County ; and the said 
Clerks respectively shall forthwith pay over the same to 
the County Treasurer. 

And he it further Enacted hy the authority aforesaid, 
that any Constable in any town or district within this 
Commonwealth, be, & he hereby is authorized & empow- 
ered to serve upon any person or persons in the town or 
district to which he may belong, any Writ, Summons or 
Execution in any personal action, where the damage sued 
for or recovered shall not exceed seventy Dollars, & return 
thereof to make to the Court to which the same may be 
returnable. 

And he it further Enacted hy the authority aforesaid 
that the Clerks of the several Courts, & other persons 
keeping pul^lic Offices shall constantly have a list of the 
fees by this Act prescribed, so far as it relates to them 
respectively, printed or wrote out in legible characters, 
and hung in some convenient & conspicuous place in their 
respective Offices. And the Register of Probate shall put 
& keep up in some conspicuous part of the room a list of 
fees for Judge & Register, in every other place besides 
his Office as aforesaid, where a Probate Court may be 
holden, during the holding of the said Court in such place. 

And he it further Enacted that every Officer or other 
person upon receiving any such fees as are stated in this 
Act, shall, if required by the person paying the same, 
make out a particular account of such fees in writing, 
specifying for what they accrued, upon pain of forfeiting 
to the party paying such fees, treble the sum by him or 
them so paid, to be recovered with costs by an action of 
debt in any Court proper to try the same. 



Acts, 1795. — Chaptek 42. 405 

Aiid be it further Enacted hy the authority aforesaid, 
that if any person shall willfully & corruptly demand and fece^t^n"g"ex°ce8- 
receive any greater fee or fees for any of the services sivefees. 
aforesaid, than are by this Act allowed & provided, he 
shall forfeit & pay the sum of thirty Dollars for every 
offence, to be recovered with costs, either by presentment 
in the Supreme Judicial Court, or Court of General Ses- 
sions of the peace, in which case the forfeiture shall accrue 
to the Commonwealth ; or by action of debt, in the Court 
of Common pleas, in which case the forfeiture shall be for 
the use of any person who may sue for the same : But no 
such presentment or action shall be sustained, unless made 
or commenced within one year next after the time when 
the offence may be committed. 

And be it further Enacted that all Laws heretofore made Former lawa 
for regulating and establishing fees for the services herein 
mentioned, shall from & after the first day of April next 
be, & they hereby are repealed, except so far as respects 
any prosecution for an ofience that is or may be committed 
against said Act before the said first day of April. 

And be it further Enacted, that this Act shall continue f^^s a'cT"''^ "^ 
& be in force for the term of two years from & after the 
first day of April next, & untill the end of the then next 
session of the General Court. 

Approved February 13, 1796. 

1795. — Chapter 43. 

[January Session, ch. 13.] 

AN ACT TO ANNEX ALLEN DRYER AND OTHERS IN THE TOWN 
OF WEST STOCKBRIDGE IN THE COUNTY OF BERKSHIRE, TO 
THE FIRST BAPTIST RELIGIOUS SOCIETY IN SAID TOWN. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled dJ by the authority of 
the same, that Allen Dryer, Nathaniel Willson junr., Rus- Names. 
sell Gilbert, Sylvanus Parmele, Edmund Hull, Simeon 
Hooker, Hubbell Stevens, Lewis Wilson, Christopher 
French, John Cherrytree, Asa Corban, Thomas Benedict, 
Calvin Hooper, Elisha Hooper, John Lane, Hanniel 
Warner, Lombard Hart, Chester Goodale, Sarah Jacobs, 
John Newell junr., James Murray, Luther Hooper, John 
Fisher, & Jonas Allen, all of the town of West Stock- 
bridge in the County of Berkshire, with their Estates real 
and personal, be & they hereby are annexed to the said 
religious Society. Ap})roved February 13, 1796. 



406 



Acts, 1795. — Chapters 43, 44. 



Boundaries. 



1795. — Chapter 43. 

[January Session, ch. 19.] 

AN ACT FOR INCORPORATING THE INHABITANTS OF THE EAST- 
ERLY PART OF TISBURY IN THE COUNTY OF DUKES COUNTY, 
INTO A SEPERATE PRECINCT. 

Be it Enacted by the Senate & House of Representa- 
tives in General Court assembled and by the authority of 
the same, that the inhabitants within the lines herein 
described, beginning at the Vineyard sound at Savage's 
line so called, running southerly by said line untill it 
meets Holmes-hole road, thence running south east untill 
it meets Edgartovvn line, thence by said line untill it 
strikes the Lagoon pond, from thence to the head of 
Holmes hole harbour, thence running by said harbour to 
the Sound, thence by the Sound to the first mentioned 
bound which is called Savage's line, with their families, 
together with their lands and estates be, & they are hereby 
incorporated into a seperate Precinct by the name of the 
Easterly Precinct in the town of Tisbury, with all the pow- 
ers, priviledges and immunities which other Precin[c]ts 
or Parishes in this Commonwealth are intitled to by law. 

Be it Enacted that Samuel Look be, and he is hereby 
authorized to issue his Warrant directed to some principal 
Inhabitant within the said easterly Precinct, requiring him 
to warn the inhabitants thereof qualified by law to vote in 
Precinct or Parish meetings to assemble at some suitable 
time and place in said precinct to choose such Officers as 
Precincts or Parishes are irapowered to choose in the 
month of March or April annually, and to transact all 
matters & things necessary and lawful to be done in the 
said Precinct. Approved February 13, 1796. 

1795. — Chapter 44. 

[January Session, ch. 8.] 

AN ACT IN ADDITION TO AN ACT INCORPORATING CERTAIN 
PERSONS FOR ERECTING A BRIDGE OVER DAMARISCOTTA 
RIVER IN THE COUNTY OF LINCOLN, PASSED FEBRUARY 
THE ELEVENTH, ONE THOUSAND SEVEN HUNDRED & NINETY 
FIVE. 

Be it enacted by the Senate S House of Representatives 
in General Court Assembled, & by the Authority of the 
Additional toll same, that there be & hereby is ""ranted to the existino- 
Proprietors of said Bridge a toll for each foot passenger 



Samuel Look, 
Esq. to issue 
warrant. 



granted. 



Acts, 1795. — Chapter 45. 407 

crossing said Bridge of three cents instead of the toll 
granted said Proprietors for foot passengers in & by said 
act to which this is in addition ; provided nevertheless,, that 
from & after the expiration of Ten years from the passing 
this Act it shall be in the power of the Court of General 
Sessions of the Peace within & for the County of Lincoln 
to determine the rates of Toll or fsire for all modes of pass- 
ing said Bridge any thing herein, or in the act to which 
this is in addition to the contrary notwithstanding. 

And he it further enacted that said Proprietors shall erect Proprietors to 

• TT-»'i/> ir- • r, • i'i 1 j^i provide a draw. 

said Bridge ot sumcient & convenient height above the 
Water for a Draw & shall provide a suitable Draw, or 
opening through the same for vessels with masts to pass, 
& shall make such draw or opening in said Bridge when 
they shall erect the same, any thing in said Act to which 
this is in addition to the contrary notwithstanding. 

Approved February 13, 1796. 

1795. — Chapter 45. 

[January Session, ch. 14.] 

AN ACT RELATING TO THE PLACE OF TRIAL, STANDING MUTE 
& CHALLENGES IN CERTAIN CAPITAL CASES. 

Sect. 1. — Be it Enacted by the Senate and House of 
Representatives in General Court Assembled and by the 
authority of the same, that where any Person hereafter indictment may 
shall be feloniously stricken, poisoned or injured in one dea^th^happens^ 
County in this Commonwealth, and die of the same be°in^anothe*r"*^ 
stroke, poisoning or injury in another County thereof, county — 
that then an Indictment thereof found by the Grand Ju- 
rors of the County where the death shall happen, before 
the Justices of the Supreme Judicial Court, there held, 
shall be as good and effectual in law, as if the stroke 
had been given, or poisoning or injury done in the same 
County where the party shall die, or where the said 
Indictment shall be found. 

Sect. 2. — Be it further Enacted, That where any Per- —or on the 
son hereafter, shall be feloniously stricken poisoned or '^'s'*^^*^- 
injured on the high seas and without the limits of this 
Commonwealth, and die of the same stroke, poisoning or 
injury in any County thereof, that then an Indictment 
thereof, found by the Grand Jurors of the County where 
the death shall happen before the Justices of the Supreme 
Judicial Court there held, shall be as good and effectual 



408 



Acts, 1795. — Chapters 46, 47. 



To proceed to 
trial in case of 
BtandiDg mute. 



Peremptory 

challenges 

limited. 



in law as if the stroke had been given, or poisoning or 
injury done in the same County where the party shall die. 
Sect. 3. — Be it further Enacted, That if any Person 
shall be indicted of any Offence except Treason against 
this Commonwealth, for which the punishment is or shall 
be declared to be death, and shall stand mute or refuse to 
plead ; the Court shall proceed to the trial of the Person 
so standing mute, in the same manner as if he or she had 
pleaded not guilty, and render Judgement accordingly. 
And no person who shall be indicted of any such offence 
shall be allowed to challenge peremptorily above the 
number of twenty persons of the Jury. 

Approved February 15, 1796. 



1795. — Chapter 46. 

[January Session, ch. 15.] 

AN ACT ALTERING THE CHRISTIAN NAME OF SAMUEL GARD- 
NER. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court Assembled and by the Authority 
Name changed, of the Same, that from and after the passing of this Act, 
Samuel Gardner formerly of Salem, now of Boston in the 
County of Suffolk, Merchant, shall be and he hereby is 
authorized and empowered to take, bear and use the name 
of Samuel Pickering Gardner ; and shall be called and 
known by that name at all times hereafter. 

Approved February 15, 1796. 



1795. — Chapter 47. 

[January Session, ch. 16.] 

AN ACT TO CHANGE THE NAME OF MOSES PORTER PHELPS 
TO THE NAME OF CHARLES PORTER PHELPS. 

Be it Enacted by the Senate and House of Bejpresenta- 
tives in General Court Assembled and by the Authority 
Name changed, of the Same, — That from and after the passing this Act, 
Moses Porter Phelps resident in Boston in the County 
of Suffolk, son of Charles Phelps of Hadley in the County 
of Hampshire, be, and he herel)y is authorized and allowed 
to take, use and bear the name of Charles Porter Phelps, 
instead of the name of Moses Porter Phelps, and by that 
name to be forever hereafter known and called in all proc- 
esses & records whatsoever. 

Approved February 15, 1796. 



Acts, 1795. — Chapter 48. 409 



1795. — Chapter 48. 

[January Session, ch. 23.] 

AN ACT MORE EFFECTUALLY TO PRESERVE THE GROWTH OF 
WOOD IN THE PLANTATION CALLED MARSHPEE IN THE 
COUNTY OF BARNSTABLE. 

Sect. 1. — Be it Enacted hy the Senate & House of 
Representatives in General Court assembled and by the 
authority of the so,me. That if any person after the first Penalty for per- 

f 11 T -r < ^ • f ^ • i ^ • sons, not inhab- 

day or May next, not an Inhabitant oi the said plantation uants, destroy- 
or concerned in the Government thereof shall without a '°^ ^^^^' 
written permit, cut down, fall or destroy, any tree stand- 
ing or growing in the said plantation, or shall consent or 
direct that the same be cut down, fell or destroyed, or 
shall carry away, or cause to be carried away any wood 
or timber from the said plantation or any part thereof, the 
Person so oflending, shall forfeit and pay for every tree 
so cut fell or destroyed, and for every parcel of wood or 
timber so carried away, three times the value thereof; one How applied. 
third part thereof to the use of said plantation, and the 
other two thirds to the use of him or them who shall inform 
and produce proof of the same offence. 

Sect. 2. — And be it further Enacted, that if any In- Penalty for in- 
habitant of the said plantation after the said first day of stroying treses 
May next, without a written permit, shall cut down fall °aVdf""°"*° 
or destroy any tree standing or growing on the common 
and undivided lands of the said plantation, or shall con- 
sent or direct that the same be cut down fell or destroyed, 
or shall carry away or cause to be carried away any wood 
or timber from the said common lands, or any part thereof 
for any purpose whatever except for his or her fire-wood, 
or for erecting, making or repairing his or her buildings, 
fences or tools of his or her occupation ; the person so 
oflending shall forfeit and pay for every tree so cut, fell or 
destroyed and for every parcel of wood or timber so carried 
away, twice the value thereof, one half thereof to the use How applied. 
of the said Plantation, and the other half to the use of him 
or them who shall inform and produce proof of the same 
ofifence. 

Sect. ^. — And be it further Enacted, that the said ^"^ '■'''°^''""''- 
forfeitures in either case, with full legal costs, shall be 
recovered in an Action of Trespass to be brought by the 
Treasurer for the time being of the said plantation, and 



410 



Acts, 1795. — Chapter 49. 



Permits to be in 
writing, &c. 



if need be, pursued by his Successor in that office in the 
Court of Common pleas of the same County ; and no In- 
habitant of the said plantation, officer or person concerned 
in the Government thereof, shall be disqualified to be a 
Witness in such actions on account of his or her interest, 
share, estate or office in the said plantation or forfeitures 
aforesaid. 

Sect. 4. — And be it further Enacted, that all permits 
which, after the said first day of May next shall be given 
to Any person not an Inhabitant of the said plantation, to 
cut & take any wood and timber on the same, or to any 
inhabitant of the said plantation to cut and take any wood 
and timber on said common lands, shall be in writing ; 
signed by the Guardians, and approved by two at least 
of the overseers of the said plantation, and express the 
quantities of wood or timlier to be cut and taken, at what 
times and for what purposes ; and be shewn to the said 
Treasurer & recorded by him, before any wood or timber 
shall be cut, or taken by virtue thereof, otherwise the said 
permit shall be void. Approved February 22, 1796. 



Preamble. 



Former clause 
repealed. 



Kates of toll. 



1795. — Chapter 49. 

[January Session, ch. 24.] 

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, & FOR SUPPORTING THE SAME," 
PASSED FEBRUARY ONE THOUSAND SEVEN HUNDRED & 
NINETY TWO. 

W/iei^eas the proprietors of Essex Merrimack. Bridge 
have represented to this Court the great cost of building 
said Bridge <& the inadequate compensation they derive 
from the p)resent toll, & praying for further provision to 
be made for them. 

Be it Enacted by the Senate and House of Bepresenta- 
tives in General Court assembled, and by the authority of 
the same, that the clause in the Act to which this is in 
addition, establishing the rates of toll, be and hereby is 
repealed ; and that the following rates of toll be, & hereby 
are established for the benefit of the said proprietors Viz. 
For each foot passenger one Cent, — for each horse and 
rider four Cents and five Mills, and for each additional rider 
one Cent, for each horse & chaise, chair or sulkey twelve 
Cents & five Milles — for each cart, sled or other carriage 



Acts, 1795. — Chapter 50. 411 

of burthen, or riding sleigli drawn by one beast, ten Cents 
— for each waggon, cart, sled or other carriage of burthen 
drawn by two beasts, & not exceeding four, twelve Cents 
and five Milles, & for each additional beast above four 
three Cents, — for each riding sleigh drawn by two beasts 
fifteen Cents, & three Cents more for each additional beast, 
for each coach, chariot, pha?ton or other four wheel car- 
riage for passengers, twenty five Cents, — for each curri- 
cle seventeen Cents, — for each horse or neat cattle, 
exclusive of those rode or in carriages three Cents, — for 
sheep or swine one Cent each, and to each team one per- 
son and no more shall be allowed as a driver to pass free 
of toll, — for each wheelbarrow or hand cart with one per- 
son three Cents, and at all times when the toll gatherer 
shall not attend his duty, the gate or gates shall be left 
open. 

Provided nevertheless that after fifty years from the pass- Proviso. 
ing the act to which this is in addition, the rates of toll 
shall be subject to the regulation of the Legislature of 
this Commonwealth ; any thing in any former act to the 
contrary notwithstanding. Approved February 23, 1796. 

1795. — Chapter 50. 

[January Session, ch. 25.] 

•AN ACT FOE, REPEALING PART OF AN ACT, PASSED THE 
TWENTY EIGHTH DAY OF FEBRUARY, ANNO DOMINI ONE 
THOUSAND SEVEN HUNDRED AND NINETY FIVE, ENTITLED, 
"AN ACT TO SET OFF A PART OF THE TOWN OF WINDSOR 
IN THE COUNTY OF BERKSHIRE AND TO ANNEX THE SAME 
TO THE TOWN OF DALTON." 

Whereas in the last enacting paragraph of the said Act 
the following words are inserted, vizt. " And that the said 
Inhabitants shall be entitled to receive their pj'oportion of 
all monies, lands and other estates real and persoiial, now 
the property of the said Town of Windsor, agreeable arid 
in proportion to the last valuation;" And whereas it ap- 
pears to this Court, that the above recited words were in- 
serted thro' mistake or misapprehension; 

Be it Enacted by the Senate and House of Representa- 
tives in General Court Assembled and by the authority of 
the same. That so much of the said last Enacting paragraph 
of the said Act as is comprized in the above-recited words 
of the same, be and hereby is repealed. 

Approved February 23, 1796. 



Preamble. 



412 



Acts, 1795. — Chapter 51. 



Licences to be 
granted. 



Coaches to be 
numbered and 
registered. 



Penalty. 



Owners liable. 



1795. — Chapter 51. 

[January Session, ch. 26.] 

AN ACT FOR REGULATING HACKNEY CARRIAGES IN THE TOWN 
OF BOSTON. . 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same, that after the last day of April next, no per- 
son shall be permitted to set up or employ any Hackney 
Carriage in the town of Boston for the purpose of con- 
veying persons for hire, untill the owner thereof shall 
obtain a licence in writing from the major part of the 
Selectmen of the said town, which licence shall continue 
in force for the term of one year : And the said Select- 
men are hereby authorized to grant licences for such a 
number of Hackney Carriages as they may think proper, 
and so to regulate the standing of such Carriages as to 
prevent obstructions in passing or repassing the streets in 
the said town. 

And be it further Enacted that the said Selectmen be, 
and they hereby are authorized and directed to cause all 
such Hackney Carriages to be numbered, and registered 
in a Book to be kept by the Clerk of said town for that 
purpose, at the proper expence of the owners of such 
Carriages. And the number of each Hackney Carriage 
shall be fixed upon the same, in such conspicuous place or 
places as the Selectmen of the said town shall direct. 

And be it further Enacted, that any person who shall 
set up or use any Hackney Carriage for the purpose 
aforesaid, without having first obtained a licence from the 
said Selectmen, shall forfeit & pay for every time such 
Carriage shall be used, a sum not exceeding two Dollars ; 
& every such Hackney Carriage that shall be found ply- 
ing in any street or highway in the said town without its 
number painted on it as aforesaid, shall be considered as 
an unlicenced Carriage, and the owner of the same shall 
be subjected to the like forfeiture as in the case of an 
unlicenced Carriage ; & all the forfeitures aforesaid shall 
be recovered in an action of the case before any Justice 
of the y)eace of the County of Suffolk, to the use of the 
Complainant. 

And be it further Enacted, that the owner of every 
Hackney Carriage shall be liable to make good to the per- 



Acts, 1795. — Chapter 52. 413 

son or persons injured, all damages occasioned by the 
unskilfulness, carelessness or default of the driver who 
shall be employed by such owner. 

Approved February 23, 1796. 

1795. — Chapter 53. 

[January Session, ch. 27.] 

AN ACT DIVIDING THE TOWN OF MOUNT DESERT IN THE 
COUNTY OF HANCOCK INTO TWO DISTINCT TOWNS, AND FOR 
INCORPORATING THE NORTHERLY PART OF SAID TOWN 
INTO A SEPERATE TOWN BY THE NAME OF EDEN. 

Be it Enacted hy the Senate & House of Representa- 
tives in General Court assembled and hy the authority of 
the sa7ne, that the Town of Mount Desert in the County Boundaries, 
of Hancock, be divided into two Towns, and the north- 
erly part of said Town, bounded Southerly by a line 
beginning at the point north of Goose-marsh Falls, so 
called ; thence running an easterly course to the top of 
the tide, at the head of the sound ; and thence easterly a 
straight course to the top of the Tide at Otter Creek, so 
called, being the easterly bounds of said Town, and con- 
taining all that part of the Town of Mount Desert, north 
of the line aforesaid, together with the Inhabitants thereon 
be and hereby are incorporated into a seperate Town by 
the name of Eden. And the said Town of Eden is hereby 
invested with all the powers, privileges & immunities 
which other Towns in this Commonwealth do or may 
enjoy by law. 

And be it further Enacted by the authority aforesaid, 
that the Inhabitants of the said Town of Eden, shall pay subject to pay 

1,,, /.. I'll 1 1 arrears of taxes. 

all the arrears oi taxes which have been assessed upon 
them by the town of Mount Desert : And the Inhabitants 
of the said town of Eden shall pay their proportion of 
all debts now due from the Town of Mount Desert, and 
shall be entitled to receive their proportion of all debts & 
monies now due to the said Town of Mount Desert, and 
also their proportionable part of all other property of the 
said Town of Mount Desert of what kind or description 
soever. 

And be it further Enacted by the Authority aforesaid, 
that Paul Dudley Sargeant Esqr. be and he hereby is f^^'g^^'Ugy 
authorized to issue his warrant directed to some principal issue warrant. 
Inhabitant of the said Town of Eden, requiring him to 



414 Acts, 1795. — Chapters 53, 54. 

warn and give notice to the Inhabitants of the said Town, 
to meet at some suitable time & place in the said Town of 
Eden, to choose all such Officers as Towns are required 
by Law to choose at their annual town meetings in the 
Month of March or April annually. 

Approved February 23, 1796. 

1795. — Chapter 53. 

[January Session, ch. 31.] 

AN ACT DIRECTING THAT PEWS AND RIGHTS IN HOUSES OF 
PUBLIC WORSHIP, SHALL BE CONSIDERED AS REAL ESTATE 
AND FOR REGISTERING THE SAME. 

Whereas doubts have arisen whether 'pews and rights in 
houses of public worship, are real or personal estate: 
Therefore 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
^tZU^'^'^^^'^ ^^^^ ^^'>^'^^r that all pews & rights in houses of public wor- 
ship, shall be hereafter considered and deemed in Law 
to be real estate ; but nothing in this Act, shall be con- 
strued to affect in any manner the Titles to any such pews 
and rights heretofore considered or acquired as of personal 
Estate. 
Sly*bV?eYor°ded ^'^^ ^^ it further Enacted, that all Deeds and Convey- 
by town clerk, auccs of, and Exccutious extended on such pews and 
rights, may be recorded by the Clerk of the Town, Dis- 
trict or Plantation wherein the same are situated ; and 
being so recorded, shall have the same effect in law, as if 
the same had been recorded in the Registry of deeds ; and 
such Clerk shall be entitled to the same fees as are or may 
be allowed to Registers of Deeds for similar services. 

Approved February 23, 1796. 

1795. — Chapter 54. 

[January Session, ch. 28.] 

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT FOR 
REGULATING & GOVERNING THE MILITIA OF THE COMMON- 
WEALTH OF MASSACHUSETTS, & FOR REPEALING ALL LAWS 
HERETOFORE MADE FOR THAT PURPOSE; EXCEPTING AN 
ACT INTITLED 'AN ACT FOR ESTABLISHING RULES & AR- 
TICLES FOR GOVERNING THE TROOPS STATIONED IN FORTS 
AND GARRISONS WITHIN THIS COMMONWEALTH; AND ALSO 
THE MILITIA WHEN CALLED INTO ACTUAL SERVICE.' " 

Be it Enacted by the Senate S House of Representa- 
tives in General Court assembled <& by the authority of 



Acts, 1795. — Chapter 55. 415 

the same, that from & after the passing of this Act, no Exemption 
noncommissioned officer or private soldier, belonging to d'inyt™!be*'^^ 
any Company of Militia in this Commonwealth, shall be a'iuT|eonWr- 
exempted from military duty on account of bodily infirm- ij)fl*;m1u '""'"'^ 
ity unless he shall obtain a Certificate from the Surgeon, 
or Surgeon's mate of the Regiment to which he belongs, 
if either of those officers are authorized in said Regiment, 
if not, from a reputable Surgeon or physician living 
within the limits of the same, that he is unable to do 
military duty by reason of bodily infirmity, the cause of 
which is to be described in said Certificate ; & the Officer 
commanding said Company may upon the back of said 
Certificate, discharge the person named therein from doing 
military duty in said Company for such term of time as 
he shall judge reasonable; which Certificate if approved 
& countersigned by the Officer commanding the Regi- 
ment, Battalion or Squadron to which said disabled per- 
son belongs, shall intitle him to a full exemption from 
military duty for the term therein specified. 

And be it further Enacted by the Authority aforesaid, 
that from & after the passing of this Act no appeal shall ^°o^P'd'frora 
be allowed to either party from the Judgment of a Justice judgments in 

r j-i T) i ^ 1 • i 1 u^ cases brou gilt 

or the l^eace, upon any prosecution or complaint brought under Miiitia 
by any Clerk of a Company of Infantry, Artillery or ^'*^" 
Cavalry within this Commonwealth which the Militia Law 
of this Commonwealth requires to be made and prosecuted 
by said Clerks. 

And be it further Enacted by the authority aforesaid 
that in each Squadron of Cavalry within this Common- officers to be 
wealth there shall be one Adjutant & one Quarter Master, «PP°'°t«'i- 
to be appointed and commissioned in manner as such 
Officers are appointed & commissioned in Battallions of 
Cavalry. Approved February 24, 1796. 

1795. — Chapter 55. 

[January Session, oh. 29.] 
AN ACT FOR REGULATING ELECTIONS. 

Sect 1. Be it Enacted by the Senate & House of 
Representatives in General Court Assembled and by the 
Authority of the same, That the Inhabitants of every cor- Time of meet- 
porate Town having a right to choose a Representative or ^r^^lZm^ii^esl 
Representatives in the Legislature of this Commonwealth, 
shall be convened for that purpose annually, in the Month 
of May, ten days at least before the last Wednesday of the 



416 



Acts, 1795. — Chapter 55. 



Duty of select- 
men. 



Certificate of 
return. 



same month, by the Selectmen of such Town, or the major 
part of them; and it shall be the duty of such Selectmen, 
to summon and notify such meeting, in the manner there 
legally established for calling other townmeetings ; and 
the Selectmen present shall preside in such meeting, and 
shall regulate the same, and shall openly receive, sort 
& count the written votes which shall there be given by 
the Inhabitants present, qualified to vote for Representa- 
tives ; and shall forthwith publicly declare who is or are 
the person or persons elected, and shall cause the elec- 
tion to be recorded in the Town records, together with 
the whole number of votes given in, and for whom they 
were given ; and shall cause the person or persons so 
elected, to be notified thereof, by a Constable of the 
Town, or any other person specially authorized for that 
purpose by the Selectmen within three days next after- 
wards ; and the Selectmen present, or the major part of 
them, shall make and sign a certificate and return of such 
election, and shall cause the same to be delivered into the 
Office of the Secretary of the Commonwealth on or before 
the last Wednesday of the same Month ; or such election 
shall be certified to the House of Representatives to their 
acceptance ; and such Certificate may be in the form fol- 
lowing, viz. 

Commonwealth of Massachusetts. 
County of : Pursuant to a Law of this Common- 

wealth, the freeholders and other inhabitants of the Town 
of , qualified according to the Constitution, having 

been duly convened in Town meeting, on the day 

of May current, for the choice of Representatives in the 
Legislature of this Commonwealth, did then and there 
elect A. B. being an Inhabitant of said Town, to repre- 
sent them in the General Court, to l)e convened & holden 
on the last Wednesday of the same month : Dated at 
, the day of , in the year of our 

Lord, 179 , and in the year of the Independence 

of the United States. 



Penalty. 



5 Selectmen of 

The person chosen as aforesaid, was notified thereof 
and summoned to attend by me , 

Constable of 

And where the Selectmen of any Town entitled to choose 
a Representative as aforesaid, shall neglect to notify a 



Acts, 1795. — Chapter 55. 417 

meeting, or to preside or proceed therein as by this Act 
is required ; and where any Town-Clerk shall refuse or 
neglect his duty therein to the prejudice of the Rights of 
the Electors, each and every Selectman & the Town 
Clerk so offending therein, shall respectively forfeit a sum 
not exceeding Eighty dollars, nor less than Forty dollars, 
according to the aggravation of the Offence, upon convic- 
tion thereof. 

Sect. 2. — And be it further Enacted, That the Select- Penalty for 
men of any corporate Town or District, and the Assessors lecrtoTau^or^^' 
of any unincorporated Plantation in the several Counties fJIs.'ltc^' ""'*'*' 
of this Commonwealth, who shall neglect to [to] call meet- 
ings of the inhabitants and others privileged there to vote 
for the election of Governor, Lieutenant Governor, Coun- 
sellors and Senators ; and to give due warning of the time 
& place of such meetings as required by the Constitution 
of this Commonwealth, or who shall refuse or neglect to 
preside in any such meetings, or to receive the votes of 
the qualified Electors present, or who shall neglect to 
ascertain, declare & certify the number of votes, or who 
shall wilfully make any false declaration or certificate 
thereof, to the prejudice of the rights of the Electors, 
shall forfeit a sum not exceeding Eighty dollars, nor less 
than Forty dollars, to be recovered from each Selectman 
or Assessor who shall offend in the premises, according to 
the aggravation of each offence. And every Town Clerk, Penalty for 
& the Clerk or Assessors of any unincorporated plantation, to^eMrd^a^nd*^ 
present at any such meeting, who shall neglect or refuse '^®'"''" ^°'''*' 
to make a fair record of the votes, or a fair copy of such 
record, or to attest the same, or who shall refuse or neg- 
lect to make due & seasonable return thereof to the Sheriff 
of the County, or into the Secretary's Office as required 
by the Constitution of this Commonwealth, shall forfeit a 
sum not exceeding eighty dollars, nor less than forty 
dollars for each Offence. 

Sect. 3. — And be it further Enacted, That the Select- Powers of sc- 

i-iD ' 1 •!• lectmen and 

men & Assessors, authorized & required to preside in any aeseBsore pre- 
meetins: of a Town or Plantation which shall be convened *' '°^" 
for the Election of Governor, Lieutenant Governor, Coun- 
sellors and Senators, Electors of the President of the 
United States, Representatives in Congress, or Represent- 
atives in the Legislature of this Commonwealth, shall 
have all the powers which are legally vested in the Mod- 
erator of Town-Meetings for the regulation thereof. And 



418 



Acts, 1795. — Chapter 55. 



Penalty for 
voting more 
than once, and 
for being dis- 
orderly. 



Sheriff's forfeit- 
ure for not re- 
turning voles. 



Forfeitures, 
how to lie re- 
covered. 



Acts repealed. 



Proviso. 



in such meetings, the Selectmen or Assessors presiding 
shall have power, and it shall be their duty to prevent & 
refuse the vote of any person not qualified to be an Elec- 
tor ; whose qualifications shall be determined according to 
the Constitution of this Commonwealth or the Constitu- 
tion of the United States as the case may be. 

Sect. 4. — And be it further Enacted, That any Elec- 
tor who shall give in more than one vote in any one 
Election, and any person who shall be disorderly in any 
such fneeting shall forfeit a sum not exceeding Twenty 
Dollars, nor less than Ten Dollars, according to the dif- 
ference and agora vation of each oiSence. 

Sect. 5. — And be it further Enacted, That if any 
Sherifi", when required by law to make return to the 
Secretary's ofiice, of the votes of the Towns & Planta- 
tions, or Districts, in their several precincts for any Elec- 
tion as aforesaid, shall neglect to make such return within 
the time prescribed, he shall forfeit and pay a sum not 
exceeding Five Hundred Dollars nor less than Fifty Dol- 
lars for each ofience. 

Sect. 6. — And be it further Enacted, That all for- 
feitures incurred by any breach of this Act, may be re- 
coverd by indictment or by action of debt, in the name 
and to the use of the Commonwealth, to be found or 
brought in any Court proper to try the same. 

Sect. 7. — And be it further Enacted, That an Act 
passed in April in the year of our Lord, one thousand, 
seven hundred & eighty-one, entitled, " An Act empower- 
ing the Selectmen to call Town Meetings for the choice 
of Representatives ; " and an Act, passed March eighteenth, 
one thousand, seven hundred & eighty eight, entitled, " An 
Act to prevent neglect in Sherifis, Selectmen & Town 
Clerks respectively, in not calling & presiding at Town 
Meetings, receiving and returning the Votes for Governor, 
Lieutenant Governor, Senators & Counsellors as is pointed 
out by the Constitution of this Commonwealth," be and 
the same are hereby repealed : Provided however that the 
said Acts shall continue and be in force for the recovery 
of any penalties or forfeitures already incurred by any 
person for the breach thereof. 

Approved February 24, 1796. 



Acts, 1795. — Chaptees 56, 57. 419 

1795. — Chapter 56. 

[January Session, ch. 30.] 

AN ACT FOR EXTENDING THE TIME FOR RECEIVING ON LOAN 
THE DEBT OF THIS COMMONWEALTH. 

Be it enacted hy the Senate & House of Representatives 
in General Court assembled & by the authority of the same, 
that the term for receiving on loan the Debt of this Com- Term extended. 
mon wealth which hath not been suljscribed in pursuance 
of and conformable to an Act intitled " An Act to pro- 
vide for the Debt of this Commonwealth," & one other 
Act intitled " An Act for appropriating Twelve thousand 
pounds, part of Tax Number Eleven to the payment of 
interest on the funded and consolidated Debt of this 
Commonwealth & for other purposes " be & hereby is 
extended to the first day of February next. And the Treasurer ai- 
Treasurer of this Commonwealth is hereby authorized and '■®'''^'*' 
directed to receive and admit subscriptions to the said 
loan of all such species of the said Debt as are in the said 
two Acts described, untill the said first day of February 
in the same manner and on the same terms as are in the 
said two Acts provided & established. 

Approved February 24, 1796. 

1795. — Chapter 57. 

[January Session, ch. 32.] 

AN ACT TO SET OFF THOMAS GARDNER OF CAMBRIDGE IN 
THE COUNTY OF MIDDLESEX, FROM THE SOUTH PARISH OF 
CAMBRIDGE, AND ANNEX HIM AND HIS ESTATE TO THE 
FIRST PARISH IN SAID TOWN. 

Be it Enacted by the Senate and House of Represent- 
atives in General Court assembled and by the authority 
of the same, That Thomas Gardner of Cambridge in the Thomas Gard 
County of Middlesex, with his polls, and the estate now °^'"*®'° • 
in his possession, of which his late Father was seized at 
the time of the incorporation of the South Parish of the 
town of Cambridge, lying and being in the said South 
Parish, be, and hereby is set off from the said South 
Parish and annexed to the first Parish in said Town : 
Provided that the said Gardner shall pay the taxes which 
are now assessed upon him by the South Parish aforesaid. 

Approved February 25, 1796. 



420 



Acts, 1795. — Chapter 58. 



Proprietora in- 
corporated. 



To meet and 
establish bye 
laws, etc. 



Property liable 
in Law. 



1795. — Chapter 58, 

[January Session, ch. 33.] 

AN ACT TO INCORPORATE HENRY PRENTISS AND OTHERS 
HEREIN AFTER NAMED. WITH THEIR ASSOCIATES BY THE 
NAME OF THE PROPRIETORS OF THE CALICO PRINTING MAN- 
UFACTURE. 

Be it Enacted by the Senate <& House of Hejjresenta- 
tives in General Court assembled & by the Authority of 
the same, that Henry Prentiss, William Shattuck, James 
Lloyd, Thomas Clark and Lewis Hayt, with their Asso- 
ciates, who are or who shall become proprietors in the 
Calico Printing Manufacture, shall be and they hereby are 
incorporated by the name of the proprietors of the Calico 
Printing Manufacture, and by that name may have, pur- 
chase, & hold real & personal estate, not exceeding in the 
whole amount Ten thousand Dollars, exclusive of their 
manufacturing Stock. And all votes in any meeting of 
the Proprietors, shall be taken according to the majority 
of shares or interest in the estate of said Corporation, 
present or represented thereat. 

Ayid be it further Enacted, that the said Proprietors 
shall hold their first meeting on the first monday of March 
next ; and thereat or at some adjournment thereof, as shall 
be agreed by a majority of the votes present, shall agree 
upon & establish such bye Laws, & Regulations not re- 
pugnant to the Laws of this Commonwealth, and such 
Officers & proceedings as shall be thought necessary for 
the management of the Estate, & prosecution of the afiairs 
of the said Corporation ; and which bye laws & regula- 
tions they may repeal or alter at any future meeting of 
the said Proprietors, to be called, notified & held as shall 
be then agreed. 

And be it further Enacted, that the property of any 
Proprietor vested in said corporate funds, shall be liable 
to attachment for the payment of his just debts to any of 
his bona fide Creditors, in manner following, viz. In addi- 
tion to the summons by law prescribed to be left with the 
Debtor, a like summons shall be left with the Treasurer 
or Agent for said Corporation, and the Debtor's shares in 
the said corporate funds together with the interests, rents 
and profits due and growing thereon, shall thereby be 
held to respond said suit, according to law ; and all trans- 
fers of the Debtor's shares, not noted in the books of the 



Acts, 1795. — Chapter 59. 421 

said Corporation, previous to the delivery of such sum- 
mons, shall be thereby barred ; and execution may be 
levied upon the property of such Proprietor, and his 
shares therein shall 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 ex- 
tends such execution, to leave an attested Copy thereof, 
with his doings thereon, with the Treasurer or Agent of 
said Corporation ; and the purchaser shall thereupon be 
entitled to the shares sold, and to receive all dividends 
due or growing due thereon, and to all other privileges as 
a member of said Corporation. And upon any attach- 
ment's being made, or execution levied as aforesaid, it 
shall be the duty of the Treasurer or Agent of the said 
Corporation, 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 Corporate funds & the 
amount of the dividends thereon due, if any. 

Approved February 25, 1796. 

1795.- Chapter 59. 

[January Session, ch. 34.] 
AN ACT TO INCORPORATE A NUMBER OF INHABITANTS OF THE 
TOWNS OF BERWICK & YORK, IN THE COUNTY OF YORK INTO 
A DISTINCT RELIGIOUS SOCIETY. 

£e it Unacted by the Senate <& House of Rejiresentatives 
in General Court assembled & by the authority of the same, 
that Jonathan Colcord, William Joy, John Hearl, Jona- Persons incor- 
than Walker, Darling Huntress, Ichal)od Dixson, John p"'"'""'^- 
Brown, George Brown, Samuel Joy, Jacob Thewrell, 
James Thewrell, James Gray junr., James Gray, Joseph 
Elwell, John Stevens, Jonathan Stevens, Jedediah Blais- 
dell, John Stevens Junr., JethroBragdon, Edmond Webber, 
Samuel Webber, Elijah Blaisdel, Daniel Blaisdell, Jona- 
than Gray, Ebenezer Dennett, Edward Walker, James 
Harty, Jesse Thompson, Joshua Emery junr., George 
Huntress, John Thewrill, Moses Warren, Sheni Emery, 
John Emery, Stephen Tobey junr. John Dennett, Nathaniel 
Walker, John Clarke, Peletiah Stevens, Reuben Biclvcr, 
Samuel Stanley, William Mars, Jedediah Goodwin, Joseph 
Spencer, Moses Bennett, Elisha Bennett, Jotham Warren, 
Elisha Hearl junr., William Hearl, Gilbert Warren, Wil- 



422 



Acts, 1795. — Chapter 59. 



Method of 
admitting Mem- 
bers. 



Mettiod of 
leaving the 
Society. 



John Hill, Esq. 
to issue war- 
rant. 



liam Hearl junr. John Wadlia, Silas Goodwin, Daniel 
Cooper, Amos Goodwin, James Emery, James Jiloson, 
James Stanley, Timothy Burdeen, John Knight, Solomon 
Hamilton & Benjamin Knight, members of the said relig- ^ 
ious Society, together with their polls and estates be, and 
they are hereby incorporated by the name of the Baptist 
Society in Berwick, with all the priviledges, powers & 
immunities, which any parish in this Commonwealth is by 
law intitled to. 

And be it further Enacted by the authority aforesaid, 
that any & every person in the aforesaid towns of Ber- 
wick & York, in the County of York, being of the Baptist 
denomination, who may at any time hereafter actually be- 
come a member of, & unite in religious worship with said 
Society in said Berwick, & 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 has actually become a member of and united 
with said Baptist religious Society in Berwick fourteen 
days previous to the parish meeting therein to be held in 
the month of March or April annually, shall from & after 
giving such certificate wath his or her polls and estates be 
considered as a member of said Society. Pi'ovided how- 
ever that such person shall be held to pay his or her pro- 
portion of all monies assessed or voted in the parish to 
which he or she belonged previous to that time. 

And be it farther Enacted by the authority aforesaid, 
that when any member of said Society having renounced 
the Baptist principles, shall see cause to leave the same, 
and unite in religious worship with any other religious 
Society in the town or parish in w^hich he or she may live, 
& shall give in his or her name to the Clerk of said Bap- 
tist religious Society, with a certificate signed by the 
Minister or Clerk of the parish or other incorporate relig- 
ious Society, with which he or she may unite, that he or 
she hath actually l)ecome a member of, and united in 
religious worship with such other parish, or other incor- 
porate religious Society, fourteen days previous to their 
meeting in March or April, & shall pay his or her propor- 
tion of all monies voted in said Society, to be raised pre- 
vious thereto shall from and after giving such certificate, 
with his or her polls and estates be considered as members 
of the Society to which he or she has so united. 

Be it further Enacted by the authority aforesaid that 
John Hill Esqr. be, & he hereby is authorized to issue 



Acts, 1795. — Chapter 60. 423 

his Warrant, directed to some principal member of the 
said Society, requiring him to warn the members of the 
said Society qualified to vote in parish affairs, to assemble 
at some suitable time & place in said town of Berwick, to 
chuse such parish officers as are by law required to be 
chosen in the month of March or April annually, & to 
transact all matters & things necessary to be done in said 
Society. Approved February 25, 1796. 

1795. — Chapter 60. 

[January Session, ch. 37.] 

AN ACT IN ADDITION TO AN ACT ENTITLED, "AN ACT FOR 
INCORPORATING CERTAIN PERSONS FOR THE PURPOSE OF 
BUILDING A BRIDGE OVER MERRIMACK RIVER AT PATUCKET 
FALLS, BETWEEN THE TOWNS OF CHELMSFORD & DRACUT 
IN THE COUNTY OF MIDDLESEX, & FOR SUPPORTING THE 
SAME." 

Whereas the Proprietors of Middlesex Merrimack-Itiver- 
Bridge have represented to the General Court the inadequate 
compensation they derive from the present Toll, and pray- 
ing for an enlargement of the Toll over the said Bridge. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court Assembled and by the authority of 
the same. That the clause in the Act to which this is in clause repealed. 
addition, establishing the rates of Toll, be, and hereby is 
repealed ; and that the following Rates of Toll be & hereby Ton established. 
are established for the benefit of the said Proprietors ; that 
is to say, for each foot passenger one cent & five mills ; for 
each horse with one rider four cents & five mills, and for 
each additional rider, one cent ; for each horse and chaise, 
chair or sulkey twelve cents & five mills ; for each cart, 
sled or other carriage of burthen, or riding sleigh, drawn 
by one beast ten cents ; for each waggon, cart, sled or 
other carriage of burthen, drawn by two beasts and not 
more than four, twelve cents and five mills ; and for each 
additional beast, above four, three cents ; for each riding 
sleigh drawn by two beasts, fifteen cents, and three cents 
more for each additional beast. For each Coach, chariot. 
Phaeton or other four wheel carriage for passengers, tw^enty 
five cents ; for each Curricle, seventeen cents ; for neat 
cattle & horses, exclusive of those rode, or in carriages, 
three cents each ; for sheep and swine, one cent each ; and 
to each Team, one person and no more shall be allowed as 
a Driver to pass free of Toll : For each Wheel-Barrow, 
or Hand-Cart, with one person, three cents. And at all 



424 Acts, 1795. — Chapter 61. 

times when the Toll-Gatherer shall not attend his duty, 
the Gate or Gates shall be left open. 

Approved February 25, 1 796. 

1795. — Chapter 61. 

[January Session, ch. 35.] 

AN ACT DIRECTING THE PROCEEDINGS IN ACTIONS OF DEBT 
ON JUDGMENTS. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
Action of debt the Same, that upon the Judgment, for debt, damages, or 
judgment may costs, which has been, or which shall be, rendered and 
the^sTmf oVany recorded, by any court of Record, or any justice of the 
record'l""'^' °^ peacc, of this Commonwealth, and remaining in force, 
and unsatisfied, an action of debt may be brought in the 
same court, or before the same justice, where such record 
remains, or in any Court of Record, or before any justice 
of the Peace, holding pleas for the County in which either 
of the Parties to such judgment, their Executors, or Ad- 
ministrators, shall dwell and reside at the time of bringing 
such action, and proper to try the same. — And such judg- 
ment may be certified by a true copy of the Record thereof, 
attested by the Clerk for the time being of the court, or 
by the justice of the peace as the case may be, where, or 
with whom such Record remains, 
Km°e"nt^8°'&r ^^"^ ^'^ it further Enacted, that upon the Judgment, 
maybe brought for debt, damagcs or costs, which has been, or which shall 
county where bc rendered and recorded by a Court of Record in any 
parttea^iives. otlicr of the United States, or by a Court of Record of 
the United States, and remaining in force, and unsatisfied, 
an Action of del)t may be brought in any Court of Record 
of this Commonwealth holden for the County, in which 
either of the parties to such Judgment, their Executors 
or Administrators, shall dwell and reside, or in which any 
valuable goods, credits, ov estate of any debtor in such 
Judgment shall be found, at the time of bringing such 
Action : Provided that such Judgment shall be certified 
in the form, and to the efiect, which is, or shall be, pre- 
scribed, l)y any general Law of the Congress of the United 
States. 
Interest to be j^^fi Jjq h farther Enacted, that in the action of debt 

allowed on costs i-iiniii . . -, xt 

as well as debt, which Shall DC duly uiaintamed upon any Judgment as 
aforesaid, lawfull Interest shall be allowed as well upon 



Acts, 1795. — Chapter 62. 425 

the costs as upon the debt or damages, or the Balance 
thereof, due and recoverable, and Judgment in such action 
shall be rendered accordingly. — Any Law or Custom to 
the contrary hereof notwithstanding. 

And be it further Enacted, that this act shall take effect i^k^eTeffe^cu*" 
and be in force on and after the first day of July next, and 
that all acts passed before the first day of November one 
thousand seven hundred and eighty the subject matter 
whereof is included in this Act, as also a clause of an Act 
authorizing an Action of Debt on the Judgment of a Jus- Acts repealed. 
tice of the Peace in another state, be and the same shall 
be repealed on and after the said first day of July next as 
to all actions to be brought after that Day. 

Approved February 26, 1796. 



1795. -Chapter 62. 

[January Session, eh. 38.] 

AN ACT FOR APPOINTING COMMISSIONERS OF SEWERS AND 
MAKING PROVISION FOR THE BETTER IMPROVEMENT OF 
LOW LANDS IN CERTAIN CASES. 

Whereas many tracts of meadow, low, or swamp lands Preamble. 
belonging to several proprietors in several Imvns in this 
Commomvealth, are often damaged or spoiled by being 
floived, & stagnant waters remaining thereon; to remove 
luhich, and the better to improve such lands, it is found 
necessary to remove obstructions in rivers, brooks & sfreatns 
leading therefrom, as also at certain seasons of the year, 
to erect dams to floio the same: 

Sect. 1. Be it Enacted by the Senate <& House of 
Representatives in General Court assembled c6 by the 
authority of the same. That when the major part, in to what courts 
interest, of the proprietors of any such lands shall find ghaR'appiy, and 
it necessary to flow or drain the same, they may apply to plfiaueu.^*' '° ^^ 
the Court of Common pleas of the County wherein such 
lands, dams & obstructions may be ; and when such lands, 
rivers, brooks & streams shall be situated in different 
Counties, then to the Supreme Judicial Court to be hoi den 
in either; and on such application, the said Court shall 
notify the proprietors concerned in the said Lands, to 
appear at the same Court at the same or the next term 
thereof, in such manner & form as the said Court shall 
judge proper : and if on hearing the said proprietors, it 
shall be deemed for their general benefit, by the said 



426 Acts, 1795. — Chapter 62. 

Court, to have such dams erected, or such obstructions 
removed ; the said Court shall appoint & Commission not 
less than three, nor more than seven discreet Freeholders, 
Commissioners to view the premises, to notify & hear all 
commisBioners' conccmed therein ; which Commissioners shall be sworn 

P0W6r8. 

to a faithful discharge of their duties, & shall have power 
from time to time to meet & determine when, where & in 
what manner such dams shall be erected, or such obstruc- 
tions shall be removed ; and to employ workmen to effect 
the same, for such reasonable wao:es as the said Commis- 
sioners shall agree to give ; Unless the said proprietors 
themselves shall do the same in such time and manner as 
the said Commissioners shall direct. 
^rie°toTr&c!'''°' Sect. 2. A7id be it further Enacted, that the said 
Commissioners, from time to time, shall have power to 
Assess the several proprietors of such lands, their respec- 
tive proportions of the charges of erecting & continuing 
such dams, and of removing such obstructions, having 
regard to the quality, situation & quantity of each pro- 
prietor's part of such lands, & the benefit he or she will 

-to appoint receive; & also to appoint & swear a Collector or Col- 
ana swear coi- , ly 11. 1 • t rr\ !• ^ 

lectors, and Icctors, lor Collecting the said iaxes or the said proprie- 

coramit lists to , ■, , ,,'-' . . j_i'j 

them. tors, auQ to pay the same to such person as the said 

Commissioners shall appoint to receive them. And the 
said Collector or Collectors shall receive from the said 
Commissioners a list or lists of the said assessments, with 

powers"" their warrant or warrants for collecting the same ; and 

thereon such Collector or Collectors shall have the same 
powers to collect the said Taxes, & to destrain therefor, 
as Collectors have by law, in the collection of Town taxes. 

to°caUco^i\ec|orB And the Said Commissioners shall have power to call 

to an account. |jefore them the said Collector or Collectors, to render an 
account of the monies he or they shall collect as aforesaid ; 
and on his or their neglect to render such account for the 
space of twenty days, he or they shall be liable to pay 
the whole amount of his or their list, to be recovered by 
the said Commissioners in an action of debt, in any Court 
proper to try the same. 

ForservTces"" Sect. 3. ' ^7icZ he it further Enacted, that the said 
Commissioners shall be allowed out of the said assess- 
ments, for their services, so much as the Court appoint- 
ing them, shall think reasonable ; to which Court the said 
Commissioners shall be liable to render an account of all 
monies so assessed, & collected, whenever thereto re- 



Acts, 1795. — Chapter 62. 427 

quired; and the said Collector or Collectors shall have 
such a commission on the monies he or they shall so col- 
lect and pay over, as the said Commissioners shall allow. 

Sect. 4. And be it further Unacted, that every Ten- whatconsti- 
ant for years, in dower, by the curtesy, for life, Mort- etor. 
sagor or Mortgagee, in possession, shall be deemed a 
Proprietor to all the pui poses of this act. 

Sect. 5. And be it further Enacted, that when the said S°^^^„''p°ar 
Commissioners in order to form a just view of such lands, sages, &c. 
shall think it expedient to open the flood-gates of any mill, 
or to make other needful passages thro' or round the dam 
thereof, or to erect any dam on the land of any person, 
the more expeditiously to remove such obstructions, they 
shall have power to do the same, and for such time as they 
shall find necessary to reduce or raise the said waters for 
the purpose of forming such view or for removing such 
obstructions : And if the owner or occupant of any such ^^"pJ^^^''^^" 
Mill, Mill-dam or land shall thereby sustain damages, he ^"^ 
shall be reimbursed therefor by the said proprietors ; and 
seasonably to make such reimbursement, the said Commis- 
sioners shall assess the said Proprietors their respective 
proportions thereof, in manner aforesaid to be collected, 
paid & accounted for, as aforesaid. 

Sect. 6. And be it further Unacted, that if any such ^f/'^^^^^^; 
Proprietor or other person, shall find him or herself ag- appeal.' 
grieved by the doings of the said Commissioners, or any 
other persons in pursuance of this Act, he or she shall 
have a right to appeal to the Court which appointed the 
said Commissioners ; and where any issue of fact shall be 
joined in either of the said Courts, it shall be tried by a 
Jui-y ; and if any party shall be dissatisfied with the deci- 
sion made by any such Court of Common Pleas, of any 
question of Law, the said party shall so state the facts on 
the lecord thereof, by a special plea, or otherwise, as to 
bring the same question of law into view ; and shall 
thereon be entitled to a Writ of error out of the Supreme 
Judicial Court. 

Sect. 7. And be it further Enacted, that this Act Acts repealed. 
shall take effect & be in force from and after the first day 
of July next ; and an Act passed in the first year of the 
reign of Queen Ann, entitled " An Act for the appointing 
Commissioners of Sewers," and also an Act pass'd A. D. 
one thousand seven hundred & forty-four in addition 
thereto, shall on & after that day, be repealed ; except so 



428 



Acts, 1795. — Chapter 63. 



far as they shall respect any Commission of Sewers issued 
or which shall be issued, before that time. 

Approved February 26, 1796. 



Persons incor- 
porated. 



Subject to proc- 
ess iu law. 



Authorized to 
call meetings. 



1795. — Chapter 63. 

[January Session, ch. 36.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR BUILD- 
ING A BRIDGE OVER ANDROSCOGGIN RIVER BETWEEN 
BRUNSWICK AND TOPSHAM, & FOR SUPPORTING THE SAME. 

Whei'eas the erectinf/ a Bridge over the river between 
Brunsivick and Topsham vnll be of public utility, & Wil- 
liam King & others have petitioned this Court for an in- 
corj)oration for that purpose. 

Be it therefore Enacted by the Senate and House of 
Representatives in General Court assembled & by the 
authority of the same that William King, Benjamin J. 
Porter, John Dunlap, William Stanwood tert. Cutting 
Noyes, Amos Lunt, James Stone, John Merrill junr., 
James Wilson, Daniel Clark, Joseph Langdon, Ebenezer 
Emerson, Isaac Johnson, John Blanchard, John Merrill, 
Peletiah Haly, Acter Patten, Benjamin Hasey, William 
Owen & Theodore Symmes be, and they are hereby con- 
stituted a Corporation and Body Politick for the purpose 
of building and supporting a Bridge over Androscoggin 
river between Brunswick & Topsham, so long as they shall 
continue to be proprietors in the fund to be raised for that 
purpose, together with all those who are or shall hereafter 
become proprietors of the said fund under the name of 
The proprietors of Androscoggin Bridge, subject never- 
theless to be accountable to the proprietors of the Mills 
called Thompson's Mills situated on the Island Rock for 
any injury that may be by them sustained in consequence 
of building said Bridge, and by that name may sue & 
prosecute, & be sued or prosecuted to final Judgment & 
execution & do and suffer all other matters and things 
which bodies politic may and ought to do & suffer ; and 
that said Corporation shall & may have full power & au- 
thority to make have and use a common Seal, and the same 
to break and alter at pleasure. 

And be it further Enacted that William King, Benja- 
min J. Porter, John Dunlap or any two of them may, by 
posting up advertisements in the towns of Brunswick and 
Topsham in some public places, call a meeting of the said 



Acts, 1795. — Chapter 63. 429 

proprietors to be holden at any proper place after fifteen 
days from the posting up of said advertisements, and the 
proprietors by a vote of tlie majority of those present or 
represented at the said meeting, shall have power to trans- 
act any business for the benefit of said Corporation, pro- 
vided it be not repugnant to the Constitution or Laws of 
this Commonwealth. 

And this Act and all rules, regulations & votes of said J^^^^^p '■^''" 
Corporation shall be fairly and truly recorded by the Clerk 
in a Book or Books for that purpose. 

And he it further Enacted that for the purpose of reim- Toiiestab- 
bursing said proprietors the monies by them expended or 
that may hereafter be expended in building and support- 
ing said Bridge, a toll be, and is hereby granted and estab- 
lished for the sole benefit of said proprietors according to 
the rates following, that is to say. For each foot passenger 
two Cents — for each person and horse six Cents, for each 
Chaise or Sulkey drawn by one horse ten Cents ; for each 
Sley drawn by one horse six Cents ; for each Sley drawn 
by two horses seven Cents ; for each Coach, Pha?ton or 
Curricle twenty Cents ; lor each Cart or Waggon, Sled or 
other carriage of burthen drawn by one or two beasts, 
seven Cents ; & for each additional beast in the same team, 
one Cent ; and for each wheelbarrow, hand Cart or other 
vehicle capable of carrying a like weight, with one person 
three Cents ; for neat Cattle or Horses other than those 
rode on or in carriages or teams, one Cent each ; for Sheep 
and Swine at the rate of six Cents the dozen ; and to each 
team one person & no more shall be allowed as a driver 
for the toll as established for teams. 

And at all times when the toll gatherer shall not attend fh°e^^onfo?aUon. 
his duty the gate or gates shall be left open, and the said 
toll shall commence on the day of the opening said Bridge 
for passengers, and shall continue for the benefit of the 
said Corporation forever ; provided that after the term of 
thirty years, the rate of toll shall be sul)ject to the regu- 
lations of Government. 

And be it further Enacted, that said Brido:e shall be p^dgetobe 

1 • I /• • 1 p 1 f) 'i. built of suitable 

well built, at least twenty eight leet wide, ot good <& suit- materials. 
able materials and be well covered with plank or timber 
suitable for such a Bridge, with sufficient rails on each 
side for the safety of passengers, and the same shall be 
kept in good, safe, and passable repair — And the proprie- signboard. 
tors at the place or places where the toll shall be received, 



430 



Acts, 1795. — Chapter 64. 



Place where. 



Time limited. 



shall erect and keep constantly exposed to view, a sign or 
board with rates of toll of all the tollable articles fairly 
and legibly written thereon in large or capital letters. 

And be it further Enacted that the place where the 
Bridge shall be built shall be from the Mill called Nye's 
Mill in said Brunswick to the middle rock so called, & 
from said rock to the rocks below the great mill, so called 
in Topsham. 

And he it further Enacted that if the said proprietors 
shall neglect for the space of six years from the passing 
this Act to build and erect said Bridge, then this Act shall 
be void & of no effect. Ajiproved February 26, 1796. 



Clause repealed 



Toll estab- 
lished. 



1795. — Chapter 64. 

[January Session, oh. 39.] 

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 & NEWBURY IN THE COUNTY 
OF ESSEX, AND FOR SUPPORTING THE SAME." 

Be it Enacted by the senate & House of Representatives 
in General Court Assembled (& by the authority of the 
same, That the Clause in the Act to which this is in addi- 
tion, establishing the rates of Toll, be and hereby is re- 
pealed : And that the following rates of Toll be and hereby 
are established for the benefit of the said Proprietors, their 
Heirs and Assigns, viz. — For each foot-Passenger, one 
Cent ; for each Horse & Rider four Cents and five milles ; 
for each additional Rider, one Cent ; for each Horse & 
Chaise, Chair or Sulkey, twelve Cents, five Milles ; for 
each Cart, Sled or other Carriage of Burthen, or riding 
Sleigh, drawn by one Beast, ten Cents ; for each Waggon, 
Cart, Sled or Sleigh, or other Carriage of burthen drawn 
by two Beasts, and not exceeding four, twelve Cents & 
five milles ; and for each additional Beast above four, three 
Cents ; for each riding Sleigh, drawn by two Bea[s]ts fif- 
teen Cents, and three Cents for each additional Beast ; 
for each Coach, Chariot, Phaeton or other four wheel Car- 
riage for Passengers twenty' five Cents ; for each Curricle, 
seventeen Cents ; for each Horse or neat Cattle exclusive 
of those rode or in Carriages, three Cents ; for Sheep or 
Swine, one Cent each ; and to each Team one person and 
no more, shall be allowed as a Driver to pass free of Toll ; 
for each Wheel-Barrow or Hand-Cart, with one person, 



Acts, 1795. — Chapter 65. 431 

three Cents ; and at all times when the Toll-Gatherer shall 
not attend his duty, the gate or gates shall be left open : 
Provided nevertJieless, that after fifty years from the pass- Proviso, 
ing the Act to which this is in addition the rates of Toll 
shall be subject to the regulation of the Legislature of 
this Commonwealth for the benefit of said proprietors, 
their heirs & assigns forever. 

Approved February 26, 1796. 

1795. —Chapter 65. 

[January Session, ch. 41.] 

AN ACT FOR INCORPOIIATING CERTAIN PERSONS FOR THE PUR- 
POSE OF OPENING A CANAL FROM THE HARBOR OF BOSTON 
TO ROXBURY. 

Whereas the opening a communication by water vj)on Preamble. 
the Easterly side of the Town of Boston, to extend into 
Roxbury 2viU be of great public Utility ; and John Lowell 
Esqr. and others have petitioned this Court for an Act of 
incorporation to enable them to carry the same into effect 
and mayiy persons under the expectation of such an Act 
have subscribed to a fund for that pujpose, and have pur- 
chased a considerable real Estate thro' which they have 
already opened a Canal. 

Be it therefore Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authoritij of the same. That John Lowell Esqr. Increase Proprietors in- 

corporsitpd. 

Sumner Esqr. Thomas Williams Physician, John Read 
Esqr. and Mr. Thomas Williams junr. so long as they 
shall continue to be Proprietors in the said fund and pro- 
priety, together with all those who are or shall hereafter 
become Proprietors to the said fund and propriety, shall 
be a Body Politic, by the name of the Proprietors of the 
Roxbury Canal, and by that name may sue and prosecute, 
and be sued and prosecuted to final Judgment and Exe- 
cution ; and do and suffer all matters and things which 
bodies Politic may, or ought, to do, and to suffer ; and 
that the said Corporation shall and may have full power 
and authority to have, make and use a Common Seal, and 
the same to break and alter at pleasure. 

And be it fart her Enacted, That the said John Lowell llZllT^'"'- 
Esqr. Increase Sumner Esqr. Thomas Williams Physician, meetings. 
John Reed Esq. and Mr. Thomas Williams junior or any 
three of them, may by advertizement in any public News 



432 



Acts, 1795. — Chapter 65. 



Proprietors to 
choose o0icers, 
&c. 



Real fistate to 
be vested In the 
corporatiou. 



Power to sell 

delinquent 

Hhitres. 



paper, printed in Boston, warn or call a meeting of the 
said Proprietors, to be holden at any suitable time and 
place, after six days from such notice : And the said Pro- 
prietors, by a majority of those present at the said meet- 
ing (allowing and accounting one Vote to every single 
share, of which there shall be two hundred and no more 
in the whole, not exceeding ten Votes to any one person, 
excepting to Jonathan Davies, who shall be allowed twenty 
five Votes, so long as he shall retain, in his own right, fifty 
shares in said fund or Propriety) shall choose a Clerk, and 
such other officers as they shall deem necessary and con- 
venient, and the same mode of voting shall be observed 
at every future meeting of said Proprietors, who are 
authorized from time to time to choose all necessary offi- 
cers for managing the affiiirs of said Propriety. And the 
Clerk shall l)e duly sworn to the faithfull discharge of his 
office, and shall also agree upon a method for calling 
future meetings, and at the same or any subsequent meet- 
ing, may make and establish any Rules and Regulations 
that shall be necessary and convenient for regulating the 
said Corporation for efiecting, compleating and executing 
the purposes aforesaid ; and the same rules and regula- 
tions may cause to be kept and executed, or for the breach 
thereof may order fines and penalties, not exceeding thir- 
teen dollars — Provided the Rules and Regulations are 
not repugnant to the Laws of this Commonwealth. 

And be it further Enacted, That the real Estate com- 
monly called Limbs Dam farm, and a piece of Marsh ad- 
joining thereto, granted and conveyed by the deeds of 
Doctr. Jonathan Davies, and of Mr. Aaron White, to 
Trustees, to have and to hold the same to and for the use 
of the Proprietors of the Roxbury Canal, shall be con- 
strued to vest the fee simple thereof in the said Corpora- 
tion, and shall be at their disposal by a major Vote of the 
Proprietors present at any legal meeting, provided that no 
such disposal or sale shall be made, unless such intention 
shall be inserted in the Notification of such meeting. And 
the said Proprietors shall have power to determine and 
appoint an Agent or agents for executing deeds in behalf 
of said Proprietors. 

And be it further Enacted, That the said Corporation 
shall have full Power and Authority to sell and dispose of 
the share or shares of any Proprietor, who shall, accord- 
ing to the Rules and Regulations to be made by said Cor- 



Acts, 1795. — Chapter 66. 433 

poration, be delinquent in the payment of any assessment 
that may be made on said share or shares, according to 
such Rules as shall be established by said Corporation for 
the sale of Shares of delinquents. 

And be it furtlier Enacted. That the said Corporation —to purchase & 

hold ro&I ^Bt&tc 

may have full power to purchase and hold any other real 
Estate necessary to carry their design into Effect, "provided 
that such additional purchase shall not exceed fifty Acres 
of Land, nor any Land to a greater amount than twenty 
thousand dollars including the buildings which may be 
thereon at the time of the purchase. 

And he it further Enacted by the Authority aforesaid, 
that no Toll shall ever be demanded for passing and re- Veeeeia to pass 
passing said Canal in any fiote, vessel, or otherwise ; or 
for transportation of any Articles through the same Canal. 
And the said Proprietors shall, at all times, be held to 
keep the said Canal in good order and proper repair. 

Approved February 26, 1796. 

1795. -Chapter 66. 

[January Session, ch. 42.] 
AN ACT TO INCORPORATE JOHN THORLO AND OTHERS INTO A 
SOCIETY BY THE NAME OF THE PORTLAND MARINE SOCIETY. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority 
of the same, that John Thorlo, Samuel Robinson, Lemuel porlted.'^'^'"^" 
Moody, William Lowell, Collin Campbell, Stephen Ham, 
John McLellan, Joshua Wait, George Wait, and David 
Alden, together with all others who shall become members 
thereof, be and they are hereby erected into and made a 
body politic and corporate forever by the name of the 
Portland Marine Society. 

Be it Enacted by the authority aforesaid, that said Cor- ^^J^V^"^^^^. 

y 1 , 11 1 11- T *'"^ '^*'''* estate. 

poration are hereby declared, and made capable in Law 
of having, purchasing and holding in fee simple, or any 
less estate by gift, grant, device, or otherwise any Lands, 
tenements or other estate real or personal, pi^ovided that 
the annual income of the same shall not exceed the Sum 
of Six thousand dollars — And also to sell alien or dispose 
of the same. 

And be it further Enacted by the Authority aforesaid, 
that the said Corporation shall have full power and au- Their legai 
thority to make, have, & use a common seal, and the same p"^'®""*" 



434 



Acts, 1795. — Chapter 67. 



Corporation 
may make regu- 
lations and elect 
officers. 



Purpose of ttie 
Society. 



John Thorlo 
autliorized to 
call a meeting. 



to break, alter and renew at pleasure ; That it shall be 
capable in Law to sue and be sued, plead and be im- 
pleaded, answer and be answered unto, defend, and be 
defended in all courts and places whatsoever, in all actions 
real, personal, and mixed and to do and execute all and 
singular other matters and things, that to them shall and 
may appertain to do. 

And be it further Enacted by the Authority aforesaid^ 
that said corporation may make establish and put in Exe- 
cution such laws and regulations as may be necessary for 
the Government of said Corporation ; provided that in no 
case the same shall be repugnant to the Laws and consti- 
tution of the Conmion wealth — And for the well govern- 
ing of said corporation, they shall have power to elect 
such officers as they shall hereafter think proper. 

And be it farther Enacted by the authority aforesaid, 
that the end and design of the institution of said Society 
is the promotion of the knowledge of navigation and 
seaman-ship, the relief of decayed and disabled seamen 
and the poor widows and orphans of deceased seamen. 

And be it further enacted by the authority aforesaid, 
that John Thorlo, be and he is hereby authorized to fix the 
time and place at which the first meeting of said society 
shall be held and to notify the same to the members of said 
Society, by publishing the same in either of the Portland 
News papers fourteen days before the time fixed upon for 
holding the said meeting. Approved February 26, 1796. 



1T95. — Chapter 67. 

[January Session, ch. 44.] 

AN ACT TO MAKE FURTHER ALLOWANCE TO THE JUDGE OF 
PROBATE FOR THE COUNTY OF SUFFOLK FOR HIS SERVICES. 

Whei^eas the fees of the Judge of Probate for the County 
of /Suffolk as by law established, may not be an adequate 
compensation for his services in that office. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, & by the authority of the 
Courts of Gen- same, that the Court of General Sessions of the Peace in 
the Peace for said Couuty bc, and hereby are authorized & impowered an- 
authorized! uually to grant out of the Treasury of the said County, unto 
the said Judge for the time being, such sum of money, in 
addition to the legal fees he may receive for his services, 
as to the said Court shall appear just and reasonable ; 



Acts, 1795. — Chapter 68. 435 

Provided the sum so to be granted, together with the said 
fees, shall not exceed the sum of five hundred Dollars per 
annum. And the said Judge of Probate shall keep an Judgeof Pro- 

„,,, „ - i.,i •!• • 1 r\tv 1 ^*^6 of Suffolk 

account ot all the tees by him taken m his said Uiiiee, and uo.to keep and 
shall lay such account attested by the Register of Proljate of'fees."'"^*'"" 
before the said Court of Sessions annually, for their in- 
formation, previous to their making him any grant by 
virtue of this Act, Approved February 26, 1796. 

1795. — Chapter 68. 

[January Sesaion, ch. 40.] 

AN ACT TO ENABLE SHERIFFS, DEPUTY SHERIFFS, & CON- 
STABLES, TO REQUIRE AID IN THE EXECUTION OF THEIR 
RESPECTIVE OFFICES IN CRIMINAL CASES. 

Sect. 1. Be it Enacted by the Senate & House of 
Representatives in General Court assembled, and by the 
authority of the same, that any Sherifl', Deputy Sherifl", ^ay °e^iufre aid 
or Constable, beino; in the execution of his office, for the in discharge of 

' _ , ~ p IT tiieir duty in 

preservation of the peace, or tor the apprehending or criminal cases. 
securing any person or persons for breach of the same, or 
for any other criminal cause, shall have lawful authority 
to require suitable aid & assistance therein. And if any Penalty for re- 
person, being required by any Sheriff, Deputy Sheriff, or 
Constable in the name of the Commonwealth of Massa- 
chusetts, to aid & assist him in the execution of his 
office, as aforesaid, shall neglect or refuse so to do & be 
thereof convicted before any Court proper to try the same, 
such ofiender shall be fined to the use of the County where 
the offence shall be committed, not less than three Dollars, 
nor more than fifty dollars according to the circumstances 
of the case ; & if any such oflender shall be unable or shall 
not forthwith pay the said fine, such Court may punish him 
by imprisonment not exceeding thirty days. 

Sect. 2. Be it further Enacted, that if any person, not Persons pre. 
being really & bona fide a Sheriff, Deputy Sherifl", or Con- omcers and act- 
stable, shall pretend himself to be either of the said Offi- jeftTo^penalty." 
cers, and take upon himself to act as such, or to require 
any person or persons to aid or assist him in any matter 
appertaining to the dut}' of Sheriff', Deputy Sheriff' or 
Constable, he shall be fined not exceeding four hundred 
dollars, according to the circumstances of his offence ; one 
moiety thereof to the use of the Commonwealth, and the 
other moiety to him or them who shall prosecute therefor. 



436 



Acts, 1795. — Chapter 69. 



Justices author- 
ized upon view 
of breach of 
peace, ^Vc to re 
quire the arrest 
of offenders. 



Penally for 
disobejing 
Justice's order. 



Constables 
authorized to 
convey prison- 
ers beyond ihe 
limits of their 
own town or 
district. 



Acts repealed. 



Sect. 3. Be it farther Enacted^ that any Justice of the 
Peace, for the preservation thereof, or upon view of the 
breach thereof, or upon view of any other transgression 
of Law, proper to his Cognizance, done or committed by 
any person or persons whatever, shall have authority, (in 
the absence of the Sheriif, Deputy Sheriif, or Constable) 
to require any person or persons to apprehend & bring 
before him such offender or offenders : And every person 
so required who shall refuse or neglect to obey the said 
Justice, shall be punished in the same manner as for re- 
fusing or neglecting to assist any Sheriff, Deputy Sheriff, 
or Constable in the execution of his office as aforesaid. 
And no person who shall refuse or neglect to obey such 
Justice, to whom he shall be known, or declare himself to 
be a Justice of the peace shall be admitted to plead excuse 
on any pretence of ignorance of his office. 

Sect. 4. Whereas doubts have arisen whether a Con- 
stable, unless empowered by Statute, can lawfully convey 
any person by him apprehended, or things taken by writ 
or warrant to him directed any farther than thro' his Town 
or District ; Be it further Enacted^ that any Constable of 
any Town or District within this Commonwealth, shall 
have authority in the execution of the warrant or writ to 
him directed by lawful authority, to convey as well any 
Prisoner or Prisoners, as things that they may have taken 
into their Custody, either to the Justice issuing such war- 
rant or writ or to the Common Goal or house of Correction 
of the County where such Constable is an Inhabitant, 
according as in the writ or warrant may be directed. 

Sect. 5. Be it further Enacted^ that all laws enacted 
in this Commonwealth, before the first of November, 
A. D. seventeen hundred & eighty, the subject matter 
whereof is included in this Act, be and the same are hereby 
repealed. Approved February 26, 1796. 



1795. — Chapter 69. 

[January Session, ch. 43.] 

AN ACT FOR RECORDING BIRTHS AND DEATHS BY THE CLERKS 
OF TOWNS & DISTRICTS. 

Be it Enacted by the Senate and Houae of Representa- 
tives in General Court assembled and by the authority 
cierksof Towns of the sttnie, that it shall be the duty of every Town Clerk, 
Record' all 'birtht and evcry District Clerk, within this Commonwealth, to 

and deaths. 



Acts, 1795. — Chapter 70. 437 

record all Births & Deaths which shall happen within his 
Town or District and come to his knowlege, together with 
the time of such birth or death, and the names of his or 
her parents, if known, for the fees allowed by law, to be 
paid by his Town or District. 

Arid be it farther Enacted, that it shall be the duty of |*''*°''^ ''"'y* 
Parents to give notice to the Clerk of the Town or Dis- 
trict in which they dwell of all the births & deaths of their 
Children ; and it shall be the duty of every Householder, 
to give notice of every birth & death which may happen 
in his house ; and of the eldest person next of kin to give 
such notice of the death of his kindred ; and it shall be 
the duty of the Master or keeper of any Alms-house 
Work-house or Prison, and of the Master or Commander 
of any Ship or Vessel, to give notice of every Birth and 
Death which may happen in the house or vessel under his 
care or charge to the Clerk of the Town or District in 
which such event shall happen : And in case any person, Fine, in case of 
whose duty it shall be by virtue of this act, to give notice °®^'®'"'- 
as aforesaid, shall neglect to perform the same, for the space 
of six months after the birth or death shall happen, the 
person so neglecting shall pay a fine of one dollar, to be 
recovered with costs of suit, on complaint, before any 
Justice of the peace for the same County, to the use of 
any Inhabitant of the same Town, who shall prosecute for 
the same ; from which Judgement, there shall be no appeal. 

And be itfurtlier Enacted, that this act shall be in force. Act repealed. 
on and after the first day of September next ; and that an 
Act passed Anno Domini one thousand six hundred & 
ninety two, for registering births & deaths, shall be, and 
hereby is repealed on and after that day. 

Approved February 26, 1796. 

1795. — Chapter 70. 

[January Session, ch. 61.] 

AN ACT TO INCORPORATE LEMUEL STEWART & OTHERS FOR 
THE PURPOSE OF CONVEYING WATER BY PIPES INTO THE 
TOWN STREET NEAR THE COLLEGE IN WILLIAMSTOWN, BY 
THE NAME OF THE PROPRIETORS OF THE WATER WORKS 
IN THE TOWN STREET IN WILLIAMSTOWN. 

Be it enacted by the Senate <& House of Representatives 
in General Court Assembled, & by the authority of the 
same, that Lemuel Stewart, Oliver D. Cook, William Persons incor- 
Starkweather, Tompson J. Skinner, Benjamin Skinner, p°''**^'^- 



438 



Acts, 1795. — Chapter 70. 



Meeting author- 
ized. 



To establish 
rules, &c. 



And appoint 
officers. 



Shares transfer- 
able. 



Lewis Stebbins, Elias Mather, Lemuel S. Stewart, John 
Foot, Joseph Balch, Timothy Balch, Ezra Baker, Lemuel 
Higgens, Thomas Malady, David Hay den & the President 
& Trustees of Williams College for the time being, with 
such other persons as may become Proprietors in the said 
Water works be & they hereby are constituted a corpora- 
tion & body politic for the purpose of conveying water by 
pipes into the Town Street in Williamstown by the name 
of the Proprietors of the water works in the town street 
in Williamstown, & by that name may sue, & be sued, to 
final judgment & execution, & do & suffer all matters, acts 
& things which bodies Politic may or ought to do or suffer, 
& the said Corporation shall & may have & use a common 
seal & the same may alter & break. 

And be it further enacted that the said Lemuel Stewart 
may by advertizement posted up at the houses of William 
Starkweather & Benjamin Skinner in said Williamstown 
warn or call a meeting of the said Proprietors to be held 
at said Williamstown at any suitable time after seven days 
from the posting up such advertizement — And the said 
proprietors by a vote of a majority of those present at said 
meetino- accounting & allowing a vote to each share in all 
cases shall choose a Clerk who shall be sworn to a faithful 
discharge of his office, & also agree on a method for call- 
ing future meetings, & at the same time, or any subsequent 
meeting may make & establish any rules & regulations 
that shall be convenient or necessary for regulating the 
said Corporation, eflecting, compleating & executing the 
purpose aforesaid & the same rules & regulations may 
cause to be kept & executed, & for the breach of any of 
them may order & enjoin fines & penalties, not exceeding 
four pounds ; provided that said rules & regulations be not 
repugnant to the Constitution or Laws of the Common- 
wealth. And the said Proprietors may also choose & ap- 
point any officer or officers of the Corporation — & this 
act & all rules, regulations & votes of said Corporation 
shall be fairly & truly recorded by their said Clerk in a 
book or books for that purpose, — provided & kept — 
which book or books shall l)e subject to the inspection of 
any person or persons for that purpose appointed by the 
Legislature. 

And be it further enacted that any Proprietors share or 
shares in such water works may be transferred by deed 
acknowledged & recorded by the Clerk of said Corpora- 



Acts, 1795. — Chapter 71. 439 

tion in a book to be kept for that purpose — & when any 
share or shares in said water works shall be attached on 
iuesne process an attested copy of such process shall be 
left with said Proprietors Clerk at the time of such attach- 
ment otherwise the same shall be void. 

A7id be it further enacted that if any person shall injure Penalties. 
& destroy any of the said Pipes or Works, he shall be 
subjected to the same pains & penalties as are provided 
in the second Section of the Act, entitled, "An Act for 
the more eftectually preventino^ of trespasses in divers 
cases," passed the twenty third day of November, one 
thousand seven hundred & eighty tive & shall also be 
liable to make good all damages so done to the said Pro- 
prietors. A'pproved February 26, 1796. 

1795. — Chapter 71. 

[January Session, ch. 52.] 

AN ACT TO PREVENT THE DESTRUCTION OF OYSTERS & OTHER 
SHELL FISH IN THIS COMMONWEALTH, 

Whereas Oysters tC other Shell Fish have long been con- Preamble. 
sidered the property of the towns wJierein their beds are 
situated respectively ; & whereas for the due regulation 
thereof and p)reservation of the same, <& especially to pre- 
vent the destruction thereof by strarigers, and by those icho 
encroach too far on such common property some special 
provision is found necessary — 
Therefore 

Sectn. 1st. Be it Enacted by the Senate and House 
of Representatives in General Court assembled and by 
authoritu of the same, that from and after the first day of Forfeiture for 

•^ •^, *^ destroyiDg 

May next, it shall not be lawful for any person to take oysters. 
any Oysters from their beds, destroy them or willfully 
obstruct their growth therein in any part of this Com- 
monwealth, except as is hereinafter excepted ; and every 
person who shall so take, destroy or obstruct the same, 
shall forfeit & pay for every bushell of Oysters, including 
the Shells, so taken or destroyed the sum of Two Dollars ; 
provided however, and it shall at all times be lawfull for Provisos. 
the major part of the Selectmen for the time being of any 
town, wherein Oyster beds shall be, to give permits in 
writing to any person to take Oysters from their beds, at 
such times, in such quantities, and for such uses as they 
shall think reasonable, and express in their permit ; pro- 



440 



Acts, 1795. — Chapter 71. 



Towns in which 
this Act oper- 
ates. 



Forfeitures. 



vided further and it shall also be lawful for every inhab- 
itant of any such town without such permit to take 03^ster8 
from their beds therein for the use of his or her family 
from the first day of September to the first day of June 
annually. 

Sect. 2d. Be it further Enacted that if any person 
from and after the first day of May next, shall take any 
other shell fish from their beds, destroy them, or wilfully 
obstruct their growth therein in any of the towns of 
Maiden, Medford or Charlestown in the County of Mid- 
dlesex, Kochester or Wareham in the County of Plymouth ; 
Sandwich, Barnstable, Yarmouth, Eastham or Dennis in 
the County of Barnstable ; Nantucket in the County of 
Nantucket ; Edgartown or Tisbury in the County of 
Dukes County; Dartmouth, Westport, Freetown, Swan- 
zey. New Bedford or Sommerset in the County of Bristol ; 
or Wells or Arundell in the County of York ; or Portland, 
Falmouth, North Yarmouth, Harps well, Freeport, Scar- 
boro[ro]u2h or Cape Elizabeth in the County of Cumber- 
land ; or Hingham in the County of Suflfolk ; or Brookline 
or Weymouth in the County of Norfolk ; except as is here- 
inafter excepted ; the person so offending shall forfeit & 
pay for every bushel of such other shell fish, including the 
shells, so taken or destroyed, the sum of One Dollar : 
Provisos. Provided nevertheless, that the major part of the Select- 

men for the time being of each of the said towns, shall at 
all times have power to give permits in writing to any 
person, to take such other shell fish from their beds in 
their said towns, at such times, in such quantities and for 
such uses, as they shall deem reasonable, & express in 
their permit. Provided also, thnt every inhabitant of 
each of the said towns without such permit shall have a 
right to take such other shell fish from their beds therein 
for the use of his or her family. 
Persons^ autjiof- Sect. 3d. And bc it furthcr Euttcted, that if SLuy Yes- 
yesseis trespass- sel, Boat or Craft shall be found within the limits of any 
town, and not owned therein, with any Oysters on board 
taken in such town, without such permit, or within the 
limits of any one of the said specified towns, & not owned 
therein, with other shell fish on board, taken in such town 
without such permit, it shall be lawful for any inhabitant 
or inhabitants of any town wherein such Vessel boat or 
craft shall so be found trespassing, to seize & detain the 
same, not exceeding forty eight hours, in order that the 
same, if need be, may be attached or arrested by due 



ing 



Acts, 1795. — Chapter 72. 441 

process of law in that time to answer the said fines & for- 
feitures witli costs of suit. Provided ho>vever, that as Proviso. 
soon as the owner or master of any such vessel, boat, or 
craft shall pay said fines and forfeitures and before sued, 
to the Treasurer of the town to the use thereof, wherein 
the same shall be incurred, 8uch vessel, boat or craft shall 
be discharged with the effects therein. 

Sect. 4th. A)id be it further Enacted, that all fines & of^fin''ei'*'&c"°° 
forfeitures which shall be incurred by virtue of this act 
& shall be sued for shall be one half thereof to the use of 
the town wherein the offence shall be committed, and the 
other half to him or them who shall sue for the same ; and 
the same shall be recovered with legal costs of suit, in an 
action of debt before any Justice of the peace (not inter- 
ested) in the County wherein the offence shall be com- 
mitted, in case the forfeitures so recovered in such action 
shall not exceed four pounds, and if above that sum, then 
in the Court of Common pleas of the same County. 

Sect. 5th. Aiid be it further Enacted, that this act ^°'8'"«peaied. 
shall take effect & be in force on and after the first day of 
May next ; and that an Act passed A. D. 17 65 intitled 
'•An Act to prevent the destruction of Oysters in the 
several bays and rivers hereinafter mentioned, within this 
province ; " and also the several acts heretofore made rela- 
tive to Oysters and other shell fish in the several specified 
towns aforesaid shall on and after that day be repealed, 
so far as they shall respect all offences which shall be com- 
mitted, actions commenced therefor, and permits given 
after that day : Provided that nothing in this act shall Proviso. 
extend to deprive any native Indians of the priviledge of 
digging shell fish for their own consumption, or to prevent 
any fisherman from taking any quantity of Shell Fish 
which he may want for bait, so that it do not exceed 
seven bushels including their shells at any one time. 

Approved February 26, 1796. 

1795. — Chapter 72. 

[January Session, ch. 55.] 

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT TO ES- 
TABLISH A COLLEGE IN THE COUNTY OF BERKSHIRE 
WITHIN THIS COMMONWEALTH BY THE NAME OF WILLIAMS 
COLLEGE." 

Whereas doubts have arisen whether the rights and Preamble. 
credits ivhich previous to passing the Act aforesaid, were 
vested in and belonging to The Trustees of the donation 



442 



Acts, 1795. — Chapter 73. 



Rights and 
credits trans- 
ferred. 



of Ej)hraim Williams Esqr. for maintaining a Free 
School in Williamsio7vn , are by virtue of the same Act 
transfered to S vested in the Corporation of the President 
and Trustees of Williams College. 

Be it therefore Enacted by the Senate <& House of 
Representatives in General Court assembled & by the 
authority of the same, that the said rights and credits be, 
and hereby are transfered to, and vested in the said Cor- 
poration of the President & Trustees of Williams College, 
who are hereby authorized to commence and prosecute to 
final judgment and execution any suit or action in law or 
equity which the said Trustees of the donation of Ephraim 
Williams Esqr. for maintaining a Free School in Williams- 
town might heretofore have commenced or prosecuted. 

Approved February 26, 1796. 



Noah Wiswall, 
set off. 



1795. — Chapter 73. 

[January Session, ch. 49.] 

AN ACT FOR SETTING OFF NOAH WISWALL AND HIS ESTATE 
FROM THE TOWN OF FITCHBURG TO THE TOWN OF WEST- 
MINSTER. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled & by the authority of 
the same, That Noah Wiswall of Fitchburg in the County 
of Worcester, with his Estates, be, and hereby are set 
off from the said Town of Fitchburg and annexed to the 
Town of Westminster in said County ; there to enjoy 
Town privileges, and to pay town charges that may arise 
therein. 

Provided nevertheless, and be it further Enacted, that 
the said Noah shall be holden to pay his just proportion 
of all Taxes now due from said Town of Fitchburg, and 
shall also continue to pay such proportion of the State & 
County taxes to the said Town of Fitchburg as hereto- 
fore, until a new valuation shall be taken of the rateable 
property of this Commonwealth, & no longer ; and until 
such valuation be taken, shall be assessed for State & 
County Taxes in said Town of Fitchburg, and not in said 
Town of Westminster. Approved February 27, 1796. 



Acts, 1795. — Chapter 74. 443 



1795. — Chapter 74. 

[January Session, ch. 50.] 
AN ACT FOR THE SUPPORT AND REGULATION OF MILLS. 

Whereas the erection and support of Mills to accommo- preamble. 
date the Inhabitants of the several pai'ts of the 8tate ought 
not to be discouraged by many doubts and disputes; and 
some special Provisions are found necessary relative to 
flowing adjacent lands and mills held by several pro- 
prietors — Therefore — 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled and by the 
Authority of the same, that where any person hath already Owners of miUs 

J T 1 11 / J -HT'11 1 • 1 1 ™^y raise and 

erected, or shall erect any water Mill on his own land, or continue suffi- 
on the land of any other person by his consent legally "^'^'^*''"■• 
obtained, and to the working of such mill, it shall be found 
necessary to raise a suita1)le head of water, and in so doing 
any lands shall be flowed not belonging to the owner of 
such mill, it shall be lawfull for the owner or occupant of 
such mill to continue the same head of water to his best 
advantage in the manner and on the terms herein after 
mentioned. 

Sec. 2d. And be it further enacted, that if any person Damages to be 
shall sustain damages in his lands by their being flowed as ve?dicto"uury. 
aforesaid, he may complain to the Court of common pleas 
of the County wherein the lands so flowed shall be situated 
and the said Court shall issue a warrant to the Sherrif of the 
same County ; and if the Sherrif shall be interested, then 
to some Coroner of the same County not interested, such 
Sherrif, or Coroner to be named by the Court, directing 
him to summon and impanel a jury of twelve good and 
lawfull men ; which jury shall be sworn to make a true 
and faithfull appraisement of the yearly damages done to 
the complainant by so flowing his lands, and how far the 
same may be necessary. And said jury shall try the cause, 
and their verdict being returned by the officer to the 
same Court and there allowed and recorded shall be a 
sufficient l)ar to any action to be brought for any such 
damages — And it shall be in the power of said Court to 
assess such sum to the officer for his services as they may 
judge reasonable. 

Sec. 3d. And be it further enacted, that such verdict such verdict to 
and judgment thereon so recorded shall be the measure yearly damages, 
of the yearly damages, untill the owner or occupant of decre°a"e'd o*ifa°'^ 

new complaint. 



44:4 Acts, 1795. — Chapter 74. 

such mill or the owner or occupant of such lands so flowed 
shall, on a new complaint to the said Court of the County, 
and by the form of process before prescribed obtain an 
increase or decrease of the said damages — And the party 
intitled to any such yearly damages, whether the party to 
the record his heirs, executors, administrators or assigns 
may have an action of debt grounded on such record to 
recover the same — And the party prevailing in any com- 
plaint or action aforesaid shall be allowed his full legal 
costs, though the damages so assessed or debt recovered, 
shall not amount to the sum of four pounds. 
^ve'^J^Srityfor ^EC. 4th. And be it fui'tkev encicted, that if any persou 
payment of whosc kuds shall bc flowcd as aforcsaid, shall, on his filing 

damages, if de- i • ^ /• > • • • • i • i ^ 

sired, or to have his complumt tor asccrtammg or mcreasing his damages, 

no benefit of , . . , . , . i> i i ^ n '^ • -\ ji 

this Act. or on bringing his action oi debt as aioresaid, move the 

said court to direct the owner or occupant of such mill to 
give security for the payment of the said damages from 
time to time, as they shall become due, and in that case 
the said owner or occupant of such mill shall neglect or 
refuse to give such reasonable security as the said court 
shall order, he shall have no benefit of this act, but shall 
be liable to be sued for so flowing the lands of the com- 
plainant or plaintifi" in the same manner as though this act 
wha^ *porUon of ^^^^ uot bccu passcd. And when the said jury shall so 
ou^ hf nou'Jfbe i'^fl^ii^'G of the Said yearly damages they shall also inquire 
flowed. and make return in their said verdict what portion of 

the year, the said lands ought not to be so flowed and 
during such portion of the year as the said jury shall cer- 
tify in their verdict that the public convenience and the 
circumstances of the case do not justify such flowing and 
the said verdict being accepted by the Court this act shall, 
in no manner, authorize the said owner or occupant of 
such mill so to flow the said lands of others. 
miiisauihodzed Sec. 5th. And be itfur'ther enacted, that when an}' mill 
in "^"to consult 'forked by wind or water, the under works or appurte- 
abo'ut repairing, Banccs thereof sliall waut repairs or to be rebuilt in whole 
or in part, in the opinion of the major part in interest of 
the proprietors, it shall be lawful I for any one or more 
of the proprietors thereof, to call a meeting of the whole 
at said mill to consult and agree about repairing or re- 
building the same in whole or in part — which notice to 
the said proprietors may be in substance as follows to 
wit — 



Acts, 1795. — Chapter 74. 445 

To A. B. of in the County of addition Form of notice. 

greeting 

You are hereby notified that our mill in wants 

repairs, or to be rebuilt in order that the same may be of 
use to the concerned, and a meeting of the proprietors 
thereof will be held at the same mill on the day 

of at O'clock in the noon when and 

where your attendance is requested — dated at 
on 
which notification signed by one or more of the proprietors serTice of 

notice 

or a tiue copy thereof, given to any other proprietor or 
left at his place of last or usual abode, not more than 
thirty, nor less than ten days before the day of the said 
meeting shall be deemed sufficient notice & may be proved 
by the testimony of any disinterested witness who gave 
or left the same or saw it done. 

Sec. 6. And be it further enacted that if any pro- Proprietors neg- 
prietor so notified shall neglect to attend the said meeting, ing\o^meet*'or" 
or being met shall neglect or refuse to agree with the bfTue'dforThVi? 
major part in Interest of the proprietors of such mill for proportions, 
repairing or rebuilding the same, in whole or part, so as 
to make the same serviceable, to pay his part of the 
charges of doing the same, the rest of the proprietors, 
being the major part in interest, may cause the same to be 
done, and shall be reimbursed and paid such sum or sums 
as they, or any of them, shall advance thereon beyond 
their respective proportions, with Interest for the same in 
the mean time, out of the said Mill or the profitts thereof, 
and to recover the same, it shall be lawfuU for those who 
shall so advance beyond their respective proportions jointly 
or severally, to have their actions against each one who 
shall be deficient ; provided that nothing in this Act con- Proviso, 
tained shall be construed to make void any particular 
contract made or to be made for the repairing or rebuild- 
ing any Mill or Mills — 

Sec. 7th. And be it further enactedy that where any ^^^^^^1^°^^ °^ 
part or parts of such mill shall at the time of such notice ests, to be noti- 
and meeting be held and possessed by any minors, /erne '^ ' 
covert, tenant for years, in dower, by curtesy, for Life, in 
tail, mortgagor or mortgagee, then the guardians of such 
minors legally appointed, husband of such feme covert in 
her right, such tenant, mortgagor or mortgagee in posses- 
sion shall be deemed, for all the purposes of this act in so 
repairing or rebuilding such mill, the proprietor or pro- 



446 



Acts, 1795. — Chapter 75. 



Millers to have 
Bcales and 



prietors thereof and such guardians, husbands and persons 
having in possession such limited estates therein, shall be 
notified, vote and contribute accordingly ; and all advances 
so made by them respectively, for and on Account of such 
minors, heirs of such married Woman ; those in remainder 
or reversion, or the other party in the mortgage if not 
adjusted and paid by agreement, shall be recoverable in a 
special action on the case with Interest. 

Sec. 8. A7id be it further enacted, that every miller 
weights, and to shall be providcd with seals and weights to weigh corn, 
required. ' gTalu and mcal to and from the mill, if required, and if he 
shall neglect to keep such scales & weights or refuse so to 
weigh corn, grain, and meal, when required, he shall be 
fined for each neglect or refusal, not exceeding five dollars ; 
to be recovered with costs by action of debt by the party 
suing, to his use, before any justice of the peace of the 
County wherein the offence shall be committed. 

Sec. 9. And be it further enacted, that the Toll for 
grinding all sorts of grain shall not exceed one sixteenth 
part thereof. 

Sec. 10. And be it further enacted, that this act shall 
take effect and be in force, on and after the first day of 
Acts repealed. July next, and that an Act passed A D 1706 for the 
upholding and regulating mills, and an Act made in addi- 
tion thereto AD 1713 (and a third act made in further 
addition thereto A D 1728) shall on, and after that day, 
be repealed, except so far as they shall respect any com- 
• plaints, actions or meetings then pending by force thereof. 

Approved February 27, 1796. 



Toll 



Act to take 
effect. 



1795. — Chapter 75. 

[January Session, ch. 45.] 

AN ACT RELATING TO ACTIONS OF EJECTMENT AND DIS- 
CLAIMER & FOR PREVENTING STRIP & WASTE, PENDING 
SUCH ACTIONS. 

Sect. 1st. Be it Enacted by the Senate & House of 

Representatives in General Court assembled and by the 

Bond required authority of the Same, that when any person shall be 

in case of arrest. j^ppgg^g(^ {^i trespass and cjcctment or other real action, 

the defendant's own bond, & no other shall be required 

for his appearance to answer the same. 

Sect. 2d. Be it Enacted by the authority aforesaid. 
Persons sued in t,hat whcn auv Dcrsou or persons, shall be sued in eiect- 

real actions, ii • n inx ^ 

answerable for mcut OF othcF icai actiou lor any lands, tenements or 
thenhoidT ^^ hereditaments, they shall be holden to answer for so 



Acts, 1795. — Chapter 76. 447 

much or such part of the premises demanded as they then 
hold, or are in possession of, which they shall distinguish 
& set forth by their plea, and disclaim in the rest ; & if 
any of them disclaims in the whole, & the plaintiff can- 
not prove his the defendant's possession of the premises 
or any part thereof, he shall recover his costs. 

Sect. 3d. Be it Enacted by the authority aforesaid, 
that if any person or persons shall commence & prosecute Penalty for 

coniniittiDfiT 

any action of ejectment or other real action for recover- waste during 
ing possession of any lands and real estate, unjustly with- suu t™reco°ver 
held from him or them by any person, and such person in possession. 
possession, or any other persons pending such action, and 
after the service of the Writ therein shall make strip or 
waste by cutting, felling or destroying tiie wood, timber, 
trees or poles standing or growing on such land sued for, 
he or they making such strip or waste shall for every such 
offence forfeit and pay to the party aggrieved, treble dam- 
ages to be recovered by action in any Court proper to try 
the same, after the plaintifi' or defendant has recovered 
his title and possession of such estate sued for. 

Sect. 4th. Be it Enacted by the authority aforesaid, 
that two Acts, one passed A. D. 1727 for the more safe Acts repealed. 
& easy prosecuting Writs of trespass and ejectment, & the 
other passed A. D. 1740 to prevent strip and waste on 
lands while suits are depending in the law for the same, 
be, and the same are hereby repealed so far as they 
respect actions hereafter to be commenced. 

Ajyproved February 27, 1796. 

1795. — Chapter 76. 

[January Session, ch. 46.] 

AN ACT TO ALTER THE APPROPRIATION OF THE SUM OF TWO 
HUNDRED POUNDS, PAYABLE ANNUALLY BY THE PROPRIE- 
TORS OF WEST BOSTON BRIDGE TO THE UNIVERSITY OF 
HARVARD COLLEGE. 

Be it Enacted by the Senate & House of Representa- 
tives in General Court Assembled and by the Authority 
of the same. That from and after the first day of April ^iP//edr''*"°"' 
next, the said sum of two hundred pounds, to be paid annu- 
ally by the said Proprietors of West Boston Bridge to the 
Treasurer of Harvard College or University, shall be ap- 
propriated & disposed of by the President & Fellows of 
Harvard College, to establish in the said University, two 
Tutors for life, or during good behaviour ; in such form & 
with such duties & stipends, as the said President & Fel- 



448 



Acts, 1795. — Chapters 77, 78. 



lows, with the approbation of the Overseers of the said 
College, shall order & appoint; any thing in the act for 
incorporating said proprietors, or in the Act additional 
thereto, to the contrary, notwithstanding. 

Approved February 27 ^ 1796. 



1795. — Chapter 77. 

[January Session, ch. 47.] 

AN ACT IN FURTHER ADDITION TO AN ACT, ENTITLED, "AN 
ACT FOR THE REGULATING THE MANUFACTURE OF NAILS 
WITHIN THIS COMMONWEALTH" MADE & PASSED THE TENTH 
DAY OF MARCH ANNO DOMINI, ONE THOUSAND SEVEN HUN- 
DRED & NINETY ONE. 

Sec 1st. Be' it enacted by the 8enate & House of 

Representatives in General Court Assembled & by the 

Assize & weight authoritu of the same, that every thousand of twelve 

of Nails 'J J ' ^ */ 

penny Nails shall weigh sixteen pounds & measure not 
less than two inches & three quarters in length & shall be 
examined & marked by the Inspector of Nails in the same 
manner & under the same restrictions as is by said Act 
& by one other act in addition thereto, made & passed 
the twenty seventh day of February, one thousand seven 
hundred & ninety five, provided for Nails in the afore- 
mentioned acts particularly specified. 

Sec. 2d. Be it further enacted that those clauses in 
the Acts aforementioned which prohibit the exportation 
of Nails excepting the Assizes therein particularly speci- 
fied & such Nails as are- marked the first sort, be so far 
repealed that twelve penny Nails & other Nails marked 
by the Inspector, the second sort, may be lawfully ex- 
ported ; provided all Nails marked the second sort do not 
fall short more than ten per centum in Assize workman- 
ship or quality of Nails marked the first sort. 

Approved February 27, 1796. 



Clauses of acts 
repealed. 



Preamble. 



1795. — Chapter 78. 

[January Session, ch. 48.] 

AN ACT IN ADDITION TO AN ACT ENTITLED, "AN ACT FOR 
RENDERING PROCESSES IN LAW LESS EXPENSIVE." 

Whereas in the said Act it is provided, that on the 
removal or death of any Justice of the Peace, the records 
of the said Justice, which by that act he is obliged to keep, 
shall be lodged in the Office of the Clerk of the Court of 



Acts, 1795. — Chapter 79. 449 

Common pleas for the same County, together with all the 
papers on his files relating to any Action brought before 
him under that Act. 

Be it Enacted by the Senate <& House of Representa- 
tives in General Court assembled and by the authority of 
the same, that from & after the passing of this act, it shall J^f'counfoT''^ 
be the duty of the Clerks of the several Courts of Common common pieas. 
pleas in their respective Counties on the death of any 
Justice of the peace, where there shall be any Executor 
or Administrator appointed on his Estate, to call on such 
Executor or Administrator, and receive from him all the 
records of such Justice, with all the papers relating to 
any action brought before him under that act ; and where 
there shall have been no Executor or Administrator ap- 
pointed on the Estate of such Justice, within three months 
after his decease, and also in case of the removal of any 
Justice of the Peace from this Commonwealth, or ceasing 
to execute his said office, the said Clerks of said Courts, 
in their respective Counties, shall call on any person or 
persons, who may have said Kecords & papers in his or 
their possession, and receive them into their custody ; and 
the said Clerks shall be the proper persons to keep, and 
under the direction of the Court, to certify the same. 

Approved February 27, 1796. 

1795. — Chapter 79. 

[January Session, ch. 54 ] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "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 AN- 
DOVER AND METHUEN, AND FOR SUPPORTING THE SAME," 
PASSED IN THE YEAR OF OUR LORD, ONE THOUSAND SEVEN 
HUNDRED AND NINETY THREE. 

Whereas the Proprietors of Andover Bridge, have rep- Preamble. 
resented to this Court, the inadequate comjpensation they 
derive from the present Toll, and pray for an enlargement 
of the rates of Toll for passing said Bridge; also to hold 
the right of said Bridge and the Toll thereof forever. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, That the clause in the Act to which this is in clause repealed. 
addition, establishing the rates of Toll, be and hereby is 
repealed : And that the following rates of Toll be, and ^^''^1^^"'*''" 



450 Acts, 1795. — Chapter 80. 

hereby are established for the benefit of the said Proprie- 
tors, viz. For each Foot passenger, one Cent ; for each 
Horse & one rider, four cents, and for each additional 
rider, one cent ; for each Horse & Chaise, Chair or Sulkey, 
twelve cents & five milles ; for each Cart, Sled, or other 
Carriage of burthen, or riding Sleigh drawn by one beast, 
ten cents ; for each Waggon, Cart, Sled or other Carriage 
of burthen, drawn by two beasts and not exceeding four 
beasts, twelve cents & five milles ; and for each additional 
beast, above four, three cents ; for each riding Sleigh, 
drawn by two beasts, fifteen cents, and three cents more 
for each additional beast ; for each Coach, Chariot, Phieton 
or other four wheel Carriage for passengers, twenty five 
cents ; for each Curricle, seventeen cents ; for each Horse 
or neat Cattle, exclusive of those rode or in Carriages, 
three cents ; for sheep or swine, one cent each. And to 
each Team, one person and no more, shall be allowed as a 
Driver, to pass tree of Toll. For each Wheel-barrow or 
Hand-Cart, with one person, three cents ; and at all times, 
when the Toll Gatherer shall not attend his duty, the Gate 

Proviso. or Gates, shall be left open : Provided nevertheless^ that 

after the expiration of Fifty years from the passing the act 
to which this is in addition, the rates of Toll shall be sub- 
ject to the regulations of the Legislature of this Common- 
wealth ; any thing in any former Act to the contrary, 
notwithstanding. 

Toll vested in j^y^d i,q {f further Enacted, that the said Bridge & the 

the proprietors. , . , "^ . "^ . 

lawful Toll thereof, be and hereby are vested in said Pro- 
prietors for the term of seventy Years from the building 
said Bridge, any Law to the contrary notwithstanding. 

Approved February 27, 1796. 

1795. — Chapter 80. 

[January Session, ch. 53.] 

AN ACT TO REPEAL ALL THE EXISTING EXCISE ACTS, & TO 
rROVIDE FOR THE EXPENCES OP^ JUSTICE IN THE SEVERAL 
COUNTIES. 

Whereas several acts heretofore made still require the fol- 
lowing excise duties to he collected & paid into the Treasury 
of the Commonwealth, or to the Secretary thereof to wit. 
For every licence granted to an Innholder , four Dollars; 
for every deed recorded one shilling ; for the Commission 
of a Sheriff forty dollars in certain cases, i& twenty dollars 



Preamble. 



Acts, 1795. — Chapter 80. 451 

in others ; on the appointment of a Clerk of the Supreme 
Judicial Court, forty dollars; on the appointment of a 
Clerk of the Court of Common pleas forty dollars in cer- 
tain Comities and twenty dollars in others ; on the appoint- 
ment of every Re(jister of deeds twenty shillings; on the 
Commission of each Judge of the Court of Co7nmon pleas. 
Judge & Register of Probate twenty shillings each, and of 
a Justice of the peace 7iine shillings ; and for the admission 
of every Attorney to practice in the Court of Common pleas, 
twenty dollars, and in the Supreme Judicial Court thirty 
dollars; and for the admission of every person in the degree 
of Barrister at law, forty dollars; and it being no longer 
necessary to continue the same for the purposes aforesaid; 

Sect. Ist. Be it Enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, that the said several acts be, and Acts repealed. 
the same, so far as they respect the aforesaid duties are 
hereby repealed, except however, that the same shall re- 
main in force, so far as shall be necessary to enforce & 
complete the collection of all the said duties which have 
already become due & payable by virtue of the said acts. 

Sec. 2. And be it further Enacted, that every per- Duty on 
son who shall hereafter be licenced to be an Innholder, 
shall on such licence being granted, pay to the Clerk of 
the Court of General Sessions of the peace, the sum of 
four dollars; and each Clerk aforesaid shall before the cierksofses- 
first day of May next give bond with sufficient sureties in bond. ^'^*' 
the penal sum of one thousand dollars to the Treasurer 
of the County and his Successor in that office to account 
for on oath, and pay to him from time to time the sum of 
four dollars for each Innholder in the County who shall 
be so licenced, within one month after he the said Clerk 
shall receive the same ; and if any Clerk shall neglect to 
give such bond he shall forfeit & pay a sum not exceediog 
five hundred dollars, to be recovered by the County Treas- 
urer to the use of the County in an action of debt, in any 
Court proper to try the same. And such Clerk shall be cierk's commis- 
allowed tor so receiving & paying over to the County "°°^' 
Treasurer, a commission of one per cent, thereon : & all 
such licences shall be granted on condition that the Inn- 
holder so pay said four dollars before he or she shall recog- 
nize as by law required. 

Sec. 3d. And be it further Enacted that from and fe^jftoVemand 
after the passinor of this act every Register of deeds in n cents duty 

JT o ./ o on deeds. 



452 



Acts, 1795. — Chapter 80. 



— to give bond 
to account for 
duties received 
by him. 



Provleo. 



Persons receiv- 
ing commis- 
sions, to pay 
certain sums an- 
nexed to the 
ofiBce. 



this Commonwealth, for each deed or Instrument made 
for the conveyance of land or any title therein brought 
to his office to be recorded shall before he record the same 
demand and receive of the person bringing the same, 
seventeen cents ; and on or before the tirst day of April 
annually shall account for and pay to the Treasurer of the 
same County, all the duties that shall be so received. 
And each Register of deeds shall on or before the first 
day of June next give bond with sufficient sureties to the 
Treasurer of the County in the penal sum of five hundred 
Dollars to account on oath for the monies or duties he 
shall so receive, and to pay the same as aforesaid ; & each 
Register of deeds shall be allowed tor so receiving & pay- 
ing over the said monies or duties, at the rate of two per 
cent, thereon, pi-ovided however yvheve the said Register 
of any County shall also be Treasurer thereof, the said 
bond shall be made to such person & in such form as the 
Court of General Sessions of the peace of the same County 
shall direct. 

Sec. 4th. Arid be it further Enacted, that no person, 
who from & after the passing of this Act shall receive a 
Commission appointing him to any of the Offices follow- 
ing, in any County, shall receive any of the fees or profits 
thereof, untill he shall pay to the Treasurer of the County, 
the sum herein after annexed to his office, and produce to, 
and lodge with the Secretary of the Commonwealth the 
County Treasurer's certificate therefor, to wit ; each per- 
son who shall receive a Commission appointing him Sherifl' 
of the Counties of Sufiblk, Essex, Middlesex, Hampshire 
or Worcester, forty dollars, & of every other County 
twenty dollars, or appointing him a Clerk of the Court of 
Common pleas in the Counties of Sufiblk, Essex, Middle- 
sex, Hampshire or Worcester forty dollars, & in any other 
County, twenty dollars or appointing him Judge of Pro- 
bate, Register of Probate or Judge of the said Court of 
Common pleas four dollars, or appointing him a Justice 
of the peace, two dollars ; and each person who shall be 
elected and appoioted Register of deeds in any County 
four dollars ; nor shall any person, who after the passing 
of this Act shall be proposed to be admited as an attorney 
in the Court of Common pleas in any County have the 
oaths administered to him, untill he shall produce the cer- 
tificate of the Treasurer of the County, that he hath paid 
to him twenty dollars — nor in the Supreme Judicial Court, 



Acts, 1795. — Chapter 81. 453 

untill he shall produce a like Certifi[c]ate of the payment 
of thirty dollars, nor be admitted to the degree of Barrister 
of law, untill he shall produce a like certificate of the pay- 
ment of forty dollars. 

And all the monies which shall be received by the re- AppropmtionB. 
spective County Treasurers by virtue of this act, shall be 
appropriated to pay the travel and services of Grand and 
petit Jurors. Approved February 27, 1796. 

1795.— Chapter 81. 

[January Session, ch. 56.] 
AN ACT FOR GIVING TO THE SUPREME JUDICIAL COURT, HOLDEN 
AT BOSTON WITHIN AND FOR THE COUNTY OF SUFFOLK, ORIG- 
INAL JURISDICTION OF CERTAIN CRIMES COMMITTED WITHIN 
THE COUNTY OF NANTUCKET. 

Be it Unacted by the Senate c6 House of Representa- 
tives, in General Court assembled and by the authority of 
the same, that the Supreme Judicial Court, which shall at ^71™*,^^°^;^. 
any time within the month of August, be holden at Bos- tucket cogniz- 
ton within & for the County of Suffolk, shall have original judidai court"^ 
Jurisdiction & cognizance of all crimes which have been '° ^°^^°^- 
committed, or which shall be hereafter committed within 
the body of the County of Nantucket, and which shall not 
be cognizable by the Court of General Sessions of the 
peace there, in the same, and in as full and ample a man- 
ner, as if the same Supreme Judicial C[o]urt should be 
holden within & for the same County of Nantucket : and 
shall have power to try the same & to give Sentence and 
Judgement therein, as fully to all intents & purposes, as if 
the same Court should be holden within and for the same 
County by legal establishment. Provided always, that Proviso, 
when any person who is an inhabitant or resident of the 
County of Nantucket shall be arraigned upon any charge, 
whereof, if he shall be convicted, he may suffer the pain 
of death, and such person shall, as soon as he shall have 
pleaded to such Indictment, request the Court to issue a 
venire facias for Jurors from the County of Nantucket, 
that then the Court shall issue a venire for at least six per- 
sons from said County, who shall with others be impan- 
nelled to try the same cause, subject however to challenge 
in the same manner as other Jurors ; but the Court shall 
not be obliged to issue more than one such venire in the 
same cause ; but shall proceed to Trial with such as shall 
not be challenged, & others of the County of Suffolk 



454 



Acts, 1795. — Chapter 81. 



Prisoners may 
be committed in 
the county of 
Suffolk. 



Clause of an 
Act repealed. 



according to law : or if the whole shall be challenged by 
the Defendant, shall proceed with a Jury from the County 
of Suffolk. 

And be it further Enacted, that all recognizances of any 
persons charged with any offence, hereby made cognizable 
in the Supreme Judicial Court to be holden for the County 
of Suffolk as aforesaid, shall be ordered & taken for ap- 
pearance at that Court, & any order of imprisonment upon 
such charge may be, to the Goal of the County of Suffolk ; 
and the Sheriff of the said County of Nantucket & his 
Deputy ; and any Constable of the town of Nantucket in 
that County, shall have full power & authority by virtue 
of the Warrant of any Justice of the peace of that County, 
to bring any person charged & to be committed for trial 
as aforesaid, to the said Goal in the County of Suffolk. 

And be it further Enacted by the authority aforesaid^ 
that the third Section of an Act passed in the year of our 
Lord One thousand six hundred & ninety nine, entitled 
" An Act for establishing a Superior Court of Judicature, 
Court of assize & General Goal Delivery within this Prov- 
ince," by which clause provision is made for holding such 
Court occasionally within & for the County of Nantucket, 
shall be, & hereby is repealed. 

Approved February 27 ^ 1 796. 



RESOLVES 



MASSACHUSETTS. 



1795. 



RESOLVES 



GENERAL COURT 



Commonwealth of Massachusetts, 



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

ON WEDNESDAY, THE TWENTY-SEVENTH DAY OF 

MAY, ANNO DOMINI, 1795. 



BOSTON (MASSACHUSETTS :) 

PRINTED AT THE STATE PRESS, BY ADAMS AND LARKIN, 
Printers to the Conimo7iwealth. 

M.DCC.XCV. 



Reprinted by Wright & Potter Printing Compant, State Printers. 



RESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS, 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY-SEVENTH DAY 
OF MAY, ANNO DOMINI, 1795. 

His Excellency, SAMUEL ADAMS, Esq. 
Governor. 

His Honor, MOSES GILL, Esq. 
Lieutenant-Governor. 

COUNCELLORS. 

Honourable Samuel Holten, Honourable Stephen Metcalf, 
Azor Orne, Eleazer Brooks, 

Thomas Durfee, Jonathan Warner, 

Oliver Wendell, and John Read, Esqrs. 

William Shepard, 

Thejollowing are the Names of the Gentlemen who compose the two 
Branches of the GENERAL COURT, viz. 

SENATORS. 

Hon. SAMUEL PHH^LIPS, Esq. President. 

For the County of Suffolk. County 0/ Essex. 

Honourable Oliver Wendell, Honourable Samuel Holten, 

Thomas Dawes, Azor Orne, 

John C. Jones, and Stephen Choate, 

Theophilus Gushing, Samuel Phillips, and 

Esqrs, Nathan Dane, Esqrs. 



460 



Resolves, 1795. — May Session. 



SENATORS— Concluded 



County of Middlesex. 
Honourable Eleazar Brooks, 

Joseph B. Varnum, 
Loammi Baldwin, 
Ebenezer Bridge, 
and Daniel Whitney, 
Esqrs. 

County of York. 
Honourable Nathaniel Wells, and 
Simeon Frye, Esqrs. 

County of Hampshire. 
Honourable William Shepard, 
John Hastings, 
Samuel Fowler, 
David Sexton, and 
Eben. Mattoon, jun. 
Esq. 

Counties of Plymouth, Dukes 

County and Nantucket. 
Honourable Pel eg Coffin, 

John Davis, and 
Isaac Thompson, 
Esqrs. 

County of Bristol. 
Honourable Thomas Durfee, and 
Elisha May, Esqrs. 



County of Barnstable. 
Honourable Solomon Freeman, 

Esq. 

County of Worcester. 
Honourable Jonathan Warner, 
Josiah Stearns, 
Daniel Bigelow, 
Salem Towne, and 
Benjamin Reed, 
Esqrs. 

County of Cumberland. 
Honourable Stephen Longfellow, 
and David Mitchell, 

Esqrs. 

Counties of Lincoln, Hancock 

and Washington. 
Honoui'able Alexander Campbell, 
and Daniel Coney, Esqrs. 

County of Berkshire. 
Honourable John Bacon and 

Thompson J. Skin- 
ner, Esqrs. 

County of Norfolk. 

Honourable Stephen Metcalf, 
Ebenezer Thayer, 
and Seth Bullard, Esqrs. 



MEMBERS OF THE HOUSE OF REPRESENTATIVES. 
EDWARD HUTCHINSON ROBBINS, Esq. Speaker. 



County of Suffolk. 

f William Tudor, 
j> Charles Jarvis, 
O I William Eustis, 
^ { Thomas Edwards, 
Q) I Jonathan Mason, 
pq 1 Stephen Gorham, and 

1^ William Little, Esqrs. 
Eingham, Samuel Norton, Esq. 

County of Essex. 
Salem, Elias H. Derby, jun. Esq. 

Mr. John Norris, 
Ipsivich, Col. Nathaniel Wade, 
Newbury, Mr. Nathaniel Emery, 
Newbury-jwrt, Enoch Titcomb, 

jun. Esq. 



Lynn and Lynnfield, John 
Carnes, Esq. 

Gloucester, John Low, Esq. 

Rowley, Mr. Asa Nelson, 

Salisbury, Mr. Joshua Follinsbe, 

Andover, Joshua Holt, Esq. 

Marblehead, Samuel Sewall, Esq. 

Methuen, Mr. Wm. Russ, 

Ameshury, Christopher Sargent, 
Esq. 

Bradford, Mr. Nathaniel Thurs- 
ton, 

Boxford, Thomas Perley, jun. 
Esq. 

Danvers, Col. Israel Hutchinson, 

Beverly, Mr. Joseph Wood, 

Haverhill, Mr. Francis Carr, 



Eesolves, 1795. — Mat Session. 



461 



REPRESENTATIVES — Continued. 



County of Middlesex. 
Charlesiown, Richard Devens, 

Esq. 
Wateriow7i, Amos Bond, Esq. 
Medford, Mr. Ebenezer Hall, 
Cambridge, Di*. Aaron Hill, Esq. 
Concord, Jonathan Fay, Esq. 
Woburn, Col. John Walker. 
Reading, Mr. Henry Putnam, 
Oroton, Timothy Bigelow, Esq. 
Billerica, Mr. Jonathan Bowers. 
Chelmsford, Major John Minot, 
Marlborough, Col. Edward 

Barnes, Esq. 
Sherburne, Col. Seth Catlin, 
Newton, Nathan Fuller, Esq. 
Framingham, Jonathan Hale, 
Dracut, William Hildreth, Esq. 
Lexington, Mr. Joseph Simonds, 
Hopkinton, Mr. Gilbert Dench, 
Holliston, Mr. James Mellen, 
Acton & Carlisle, Mr. Jonas 

Brooks, 
WaUham, Abner Sanderson, Esq. 
Pe2)perell, Joseph Heald, Esq. 
Lincolti, Samuel Hoar, Esq. 
East- Sudbury, Mr.Thomas Heard. 

County of Hampshire. 
Springfield, Thomas Dwight, and 

Moses Bliss, Esq'rs. 
Hadlcy, Charles Phelps, Esq 
Westfield, Joseph Lyman, Esq. 
Deerfield, Mr. Seth Catlin, 
Northampton & ^ Sam. Henshaw, 

Easthamplon, \ Esq. 
Pelham, Adam Clark, Esq. 
South Hadley, Noah Goodman, 

Esq. ■ 
Greenfield & Gill, Mr. Wm. Cole- 
man, 
Greenwich, James Fiske, Esq. 
Belcherton, Mr. Park Holland, 
Colerain, Hugh McLellan, Esq. 
Ashfield, Mr. Ephraim Williams, 
Palmer, Mr. David Spear, 
Charlemont, Abel Wilder, Esq. 
Blandford, Mr. Jedediah Smith, 
Eawley, Edmund Longley, Esq. 
^ .„ S Mr. David Robinson, 

Granville, J j^^ ^^^us Fowler, 

Southwick, Saul Fowler, Esq. 
Williamsburg, Wm. Bodman, 
Esq. 



Amherst, Simeon Strong, Esq. 

TFare, Mr. Isaac Pepper, 

Bernardston & Leyden, Mr. Caleb 
Alvord, 

5nm7?eW, Joseph Browning, Esq. 

South- Brimfield & Holland, Mr. 
D. Munger, 

Wilbraham, John Bliss, Esq. 

Conway, Mr. Oliver Root, 

Granby, Major Elijah Kent, 

Shelburne, Mr. Moses Hawkes, 

Worthington, Mr. Jonathan Brew- 
ster, 

Ludloiv, Mr. John Jennings, 

West-Sjiringfield, Justin Ely, Esq. 
Mr. Jona. Smith, jun. 

Long-Meadow, Gideon Burt, Esq. 

Orange & Warwick, John Golds- 
bury, Esq. 

County 0/ Plymouth. 

Plymouth, Nathaniel Goodwin, 
Esq. 

Scituate, Elijah Turner, Esq. 

Duxboro\ Major Judah Alden, 

Marshfield, Joseph Briant, Esq. 

Bridgewaler, Beza Hay ward, Esq. 

Middleboro\ Mr. Nathaniel Wil- 
der, 

Abington, Aaron Hobart, Esq. 

Kingston, Major Seth Drew, 

Hanover, Dea. Benjamin Bass, 

Pembroke, John Tui'ner, Esq. 

Rochester, Nathaniel Sprague, 
Esq. 

County of Barnstable. 
Barnstable, Ebenezer Crocker, 

Esq. 
Sandwich, Joseph Nye, Esq. 
Yarmouth, David Thacher, Esq. 
Eastham, Elijah Knowles, Esq. 
Harwich, Mr! John Dillingham, 
Wellfleet, Samuel Waterman, Esq. 
Dennis, Capt. Micajah Sears, 
Falmouth, Mr. David Nye. 

County 0/ Bristol. 
Taunton, Nicholas Tillinghast, 

jun. Esq. 
Freetown, Mr. Ephraim Winslow, 
Rehoboth, Stephen Bullock, Esq. 
Westport, Wm. Almy, Esq. 



462 



Resolves, 1795. — May Session". 



REPRESENTATIVES— Continued. 



County of Bristol — Con. 
Dartmouth, Hon. Holder Slocum, 

Esq. 
Swansey, Christopher Mason, 

Esq. 
Norton, Mr. Seth Smith, jun. Esq. 
Raynham, Mr. Seth Washburn, 
New- Bedford, Seth Spooner, Esq. 
Somerset, John Bowei-s, Esq. 
Easton, Col. Abiel Mitchell. 

County of Dukes County. 
Chilmark, Matthew Mayhew, jun. 

Esq. 
Edgartow7i, Hon. William Jerni- 

gan, Esq. 

County of Nantucket. 
Nantucket, Mr. Micajah Coffin. 

County 0/ Worcester. 
Worcester, Samuel Flagg, Esq. 
Dudley, John Chamberlain, Esq. 
Harvard, Mr. Benjamin Kimball, 
Orafton, Mr. William Brigham, 
Eardwick, Martin Kingsley, Esq. 
Bolton & Berlin, Mr. Silas Hol- 

man, 
Holde7i, John Dodds, Esq. 
Leominster, Capt. Thomas Le- 
gate, 
Western, Reuben Read, Esq. 
Westboro\ Col. Nathan Fisher, 
Southboro\ Mr. Elijah Brigham, 
Templelo7i, Mr. Leonard Stone, 
Sturbridge, Mr. Josiah Walker, 
Rutland, Moses White, Esq. 
Athol, Capt. Josiah Goddard, 
Fitchbiirg, Capt. William Brown, 
Whichejidon, Mr. Moses Hale, 
Westminister, Mr. Ebenezer Jones, 
Sterling, Edward Raymond, Esq. 
Boylston, Mr. Jonas Temple, 
Lancaster, John Sprague, Esq. 
Royalston, Mr. Isaac Gregory, 
Barre, Mr. Ebenezer Rice, 
Spencer, Mr. Benjamin Drury, 

Esq. 
Uxbridge, Bezaleel Taft, 
Shrewsbury, Major Jonah Howe, 
Brookfield, Thomas Hale, jun. 

Esq. 
Oxford, Mr. James Butler, 
Sutto7i, Dr. James Freeland. 



County 0/ Berkshire. 
Sheffield & ) Mr. John 

Mount-Washington, \ Hubbai'd, 
Stockbridge, Ephraim Williams, 

Esq. 
Egremont, Mr. Nicholas Race, 
Pittsfield, John C. Williams, 

Esq. 
Oreat-Barrington, Thomas Ives, 

Esq. 
Sandisfield, Mr. John Picket, 
Tyringham, Mr. Adonijah Bid- 
well, 
Williamstown, William Young, 

Esq. 
Windsor, Joshua Beals, Esq. 
West- Stockbridge, Thomas Lusk, 

Esq. 
Richmond, Nathaniel Bishop, 

Esq. 
Adams, Israel Jones, Esq. 
Cheshire, Jonathan Remington, 

Esq. 
New-Mar Iborough, Mr. Obadiah 

Ward, 
Lenox, Mr. William Walker. 



County of York. 
York, Joseph Bragdon, Esq. 
Kittery, Mr. Mark Adams, 
Wells, John Storer, Esq 
Berwick, Mr. Richard F. Cutts, 
Arundell, Mr. Jacob Wildes, 
Pepperelboro\ Dr. Thomas G. 

Thornton, 
Lebanon, Mr. Thomas M. Went- 

worth. 



County q/" Cumberland. 
North-Yarmouth, Wm. Martin, 

Esq. 
Earpswell, Mr. Samuel Snow, 
New- Gloucester, William Wed- 

gery, Esq. 
Portland, Daniel Davis, Esq. 
]\Ir. Samuel Waldo, 
Falmouth, Mr. Joseph Noyes, 
Oorham, Hon. Josiah Thacher, 

Esq. 

Brunswick, Mr. William Stan- 
wood. 



Kesolves, 1795. — Mat Session^. 463 



REPRESENTA TIVES — Concluded. 

County of Lincoln. County of Norfolk. 

Tojisham, JNIr. William King, Roxbury, Mr. Ebenezer Seaver, 

Waldoboro\ Jacob Liulwig, Esq. Dorchester, Moses Everett, Esq. 

Winslow, Arthur Lithgow Esq. Weymouth, Col. Asa White, 

Geoi-getoion, Mr. Jordan Parker, Dedham, Mr. Isaac BuUard, 

Poumalboro\ Mr. Timothy Par- Medjield & Dover, Mr. John Bax- 

sons, ter, 

Eallowell, James Bridge, Esq. Milton, Hon. Edward H. Robbins, 
Winthrop & Readfield, Mr. Jede. Esq. 

Prescot. Brookline, Dr. William Aspinwall, 

Woolivich, ]\Ir. Samuel Harnden, Medway, Major Eliakim Adams, 

Pittston, Mr. Jedediah Jewett. Walpole, Capt. Oliver Clap, 

Stoughton, Mr. Elijah Crane, 

County o/" Hancock. Sharon, Mr. Benjamin Randall, 

Penobscot, Mr. Isaac Parker, Cohasset, Thomas Lothrop, Esq. 

Frankfort, xMr. Francis L. B. Good- Franklin, Mr. Hezekiah Fisher, 

^yj„_ Quincy, Benjamin Beale, Esq. 

Wrentham, Mr. Nathan Comstock. 
County of Washington. 
Machias, Phineas Bruce, Esq. 



Chapter 1. 

RESOLVE FOR ADJOURNING THE COURTS OF COMMON" TLEAS 
AND GENERAL SESSIONS OF THE PEACE APPOINTED BY LAW 
TO BE HOLDEN AT WORCESTER, WITHIN AND FOR THE COUNTY 
OF WORCESTER, ON THE SECOND TUESDAY OF JUNE NEXT. 

Whereas several vacancies in the offices of the Justices 
of the Court of Common Pleas, within and for the County 
of Worcester, have lately happened, which with some 
other causes that have also taken place, render the meet- 
ing of the Court on the second Tuesday of June next, 
very uncertain, and also the holding of the Court of Gen- 
eral Sessions in and for the said County at that time may 
be attended with inconvenience : Therefore 

Resolved, that the Courts of Common Pleas, and Gen- 
eral Sessions of the Peace, appointed by law to be holden 
at Worcester within and for the County of Worcester on 
the second Tuesday of June next, be and they are hereby 
adjourned without day, aod all writs, precepts, processes, 
and every other matter or thing returnable to the said 
Courts to be holden on the said second Tuesday of June, 
shall be returnable to the Courts of Common Pleas, and 
General Sessions of the Peace, by Law to be holden in and 
for the said County, on the last Tuesday of August next, 
and shall have day to the same Courts, and be prosecuted 



464 Eesolves, 1795. — Mat Session. 

or determined, as they might have been, had the said 
Courts adjourned as aforesaid, been holden on the said 
second Tuesday of June, and all suits, actions, processes, 
matters and things now pending or continued to the said 
Courts adjourned as aforesaid are hereby continued to and 
may be carried on, prosecuted or determined in the said 
Courts to be holden on the said last Tuesday of August 
next in manner aforesaid, and the Secratary is directed to 
transmit a Copy of this Resolve to the Sheriff of the 
County of Worcester, as soon as may be, and also to 
cause the same to be published in the Independant Chron- 
icle, and the Sheriff of the County of Worcester is directed 
to cause the same to be published in Thomas's Massachu- 
setts Spy, and to give notice to the Inhabitants of the 
County in such other way as he may think necessary. 

June i, 1795. 



Chapter 3. 

RESOLVE ON THE PETITION OF JAMES MELLEN, IN BEHALF OF 
THE TOWN OF HOLLISTON, REMITTING A FINE LAID ON SAID 
TOWN, FOR NOT SENDING A REPRESENTATIVE. 

On the petition of James Mellen in behalf of the Inhab- 
itants of the town of Holliston. 

Resolved for reasons set forth in said petition that a fine 
of twenty five pounds laid upon said town for their neglect- 
ing to send a representative to represent them in the Great 
& General Court for the year 1793 be & hereby is remitted 
to said Inhabitants and the treasurer of the Common wealth 
is hereby directed to conduct himself accordingly. 

June 2, 1793. 



Chapter 3. 

RESOLVE ON THE PETITION OF RICHARD PERKINS, THE FATHER 
AND GUARDIAN OF FOSTER PERKINS AND OTHER CHILDREN, 
EMPOWERING HIM TO EXECUTE A GOOD DEED TO THE IN- 
HABITANTS OF THE TOWN OF BOSTON, OF A CERTAIN PIECE 
OF LAND. 

On the Petition of Richard Perkins, the Father and 
Guardian of Foster Perkins, Lucy Perkins & George 
Washington Perkins praying that he may be authorised 
to make & execute a Deed in fee of all the Right & 
Estate of said Minors in & to a certain Parcel of Land 



Resolves, 1795. — May Session. 465 

situate in the Town of Boston, to the Inhabitants of said 
Town. 

Resolved for the Reasons set forth in said Petition that 
the said guardian be & he hereby is authorised & irapow- 
ered to malve & execute to the Inhabitants of the said 
Town of Boston a good & sufficient Deed & Conveyance 
of all the Right, Share & Estate of said Minors & of each 
of them, in fee simple, in & to a certain Peice of Land 
lying in Boston aforesaid commonly called the Governor's 
Pasture, the same being part of the Estate descending to 
said Minors as three of the Heirs at Law of his late Ex- 
cellency John Hancock Esq, deceased, at & after the same 
Rate, which the same Land was sold to the said Inhab- 
itants by the other Heirs : Provided the said Guardian 
shall previously give Bond, with sufficient Sureties to the 
Judge of Probate for the County of Plymouth conditioned, 
that the Proceeds arising from the sale of the said Land, 
shall be put on Interest on good Security, for the Benefit 
of his said Children. June 2, 1795. 

Chapter 3a.* 

ORDER ON THE PETITION OF THE TOWN OF DUNSTABLE, 

On the petition of the Inhabitants of the town of Dun- 
stable by their Agents, praying that a certain and deter- 
minate line may be fixed and made betw^een the said town 
of Dunstable and the District of Tyngsborough, to prevent 
disputes in future. 

Ordered that the inhabitants of Dunstable, notify the 
inhabitants of Tyngsborough thirty days at least before 
the first Tuesday ot the next session of the General Court, 
then to appear, and shew cause, if any they have, where- 
fore the prayer of said petition should not be granted, hj 
serving the Clerk of said District of Tyngsborough with 
an attested copy of said petition and of this order thereon. 

June 2, 1795. 

Chapter 4. 

RESOLVE ON THE PETITION OF THOMAS LOTHROP, REMITTING 
A FINE LAID ON THE TOWN OF COHASSET, FOR NOT SENDING 
A REPRESENTATIVE. 

On the Petition of Thomas Lothrop Representative for 
the Town of Cohasset Praying that a fine of Twenty 

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



466 Resolves, 1795. — Mat Session. 

Pounds that was lade on Said Town for not Sending a 
Representative to the General Court in the year 1793 [be 
remitted. '\ 

Resolved that Said fine of Twenty Pounds be Remitted 
and the Said Town are hereby Discharged from Paying 
the Same and the Treasurer of the Commonwealth is 
hereby Directed to Govern him self accordingly. 

June 3, 1795. 

Chapter 5. 

RESOLVE ON THE PETITION OF ZERVIAH UMPANY, AN INDIAN 
WOMAN, OF TISBURY, AUTHORIZING REV. ZECHARIAH MAY- 
HEW, TO PAY THE DEBTS OF HER LATE HUSBAND, WITH A 
PROVISO. 

On the Petition of Zerviah Umpany Indian Woman of 
Tisbury in the County of Dukes County, Praying that the 
Revd. Zechariah Mayhew may be impowered to Pay her 
late Husbands Samuel Umpany Just Debts out of the 
money he has in his hands Belonging to the Estate of the 
Said Samuel, and the Remainder to Pay from time to time 
for the Support of the Petitioner. 

Resolved, for Reasons Set forth in Said Petition, that 
the Said Revd. Zechariah Mayhew ))e and he is hereby 
authorized and impowered to Pay the lawfuU Debts of the 
Said Samuel out of the money he has in his hands as 
aforesaid ; Prov\o']ided all Such Debts be first Examined 
and allowed by the Court of Sessions of Said County and 
the overplus (if any) to Pay from time to time unto the 
Said Zerviah for her Support, the Said Mayhew to be 
accountable to the Judge of Probait of said County for 
the Expendituers of Said monies. June 3, 1795. 

Chapter 6. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE TOWN 
OF WESTERN, REMITTING A FINE LAID ON SAID TOWN, FOR 
NOT SENDING A REPRESENTATIVE. 

On the Petition of the Inhabitants of the town of 
Western, Praying that a fine imposed upon them for 
neglecting to send a Representative in the Year 1793 may 
be remitted. 

Resolved for reasons set forth in sd. Petition that the 
fine afore said being the sum of twenty two pounds be 
remitted to the sd. Inhabitants of the town of Western, 
& the Treasurer is directed to govern himself accordingly. 

Junes, 1795. 



Resolves, 1795. — May Session. 467 



Chapter 7. 

RESOLVE ON THE PETITION OF DANIEL WHITNEY, IN BEHALF 
OF THE TOWN OF SHERBURNE, REMITTING A FINE LAID ON 
SAID TOWN. 

On the Petition of Daniel Whitney in behalf of the 
Town of Sherburn, praying for the remittance of a fine 
for not sending a Representative to the General Court in 
the year of our Lord seventeen hundred and Ninety three 
— for reasons set forth in said petition. 

Resolved that the Sum of Twenty pounds set on said 
Town as a fine as aforesaid, be and the same is hereby 
remitted to the said Town of Sherl)urn, and the Treasurer 
of this Commonwealth is directed to govern himself 
accordingly. June 5, 1795. 

Chapter 8. 

RESOLVE ON THE PETITION OF SOLOMON DODGE, IN BEHALF 
OF THE TOWN OF TOPSFIELD. 

On the Petition of Solomon Dodge praying that thir- 
teen pounds may be paid to the town of Topsfield, for the 
like sum which the Treasurer was by a Resolve past March 
28th 1793, directed to credit said Town as an abatement 
of a Fine for not sending a Representative in 1790, but 
which by the arrangements of the treasury was not cred- 
ited to said Town. 

Resolved that there be allowed and paid out of the Pub- 
lic treasury the sum of thirteen pounds to the said Town 
of Topsfield, in full for the benefit intended by the afore- 
said resolve. June 5, 1795. 

Chapter 9. 

RESOLVE ON THE PETITION OF EDWARD LYDE, GIVING CON- 
SENT FOR HIS NATURALIZATION IN NEW YORK. 

On the petition of Edward Lyde shewing that by reason 
of departing this once province in the begining of the year 
1775 he was afterwards proscribed as an absentee, but has 
nevertheless resided in the State of New York ever since 
the year 1777 & is now about to procure his naturaliza- 
tion there, for which purpose the consent of this Legis- 
lature is made necessary by an Act of Congress of 29th 
Jany. last. Therefore 



468 Resolves, 1795. — Mat Session. 

Resolved for reasons set forth in said petition that the 
prayer thereof be granted ; and the said Edward Lyde 
hath hereby the consent of the Legislature of this Com- 
monwealth to procure his naturalization and right of Citi- 
zenship in the manner prescribed by law. 

June 5, 1795. 



Chapter 10. 

RESOLVE ADJOURNING COURTS IN THE COUNTY OF ESSEX, 
AND FOR OTHER PURPOSES. 

Resolved, that the Courts of Common Pleas & General 
Sessions of the peace to be holden at Salem, within & for 
the County of Essex, on the second Tuesday of July next, 
be & they are hereby adjourned to the third tuesday of 
July next, then to be holden at sd. Salem, within & for 
the County aforesaid — And all Writs precepts, processes 
& every other matter returnable to the said Courts, to be 
holden on the said second Tuesday of July shall l)e re- 
turnal)le to the aforesaid Courts on the said third tuesday 
of July, & may have day in the same Courts & may be 
prosecuted or determined as they might have been, had 
the said Courts been holden on the said second Tuesday 
of July — and all actions processes, matters & things now 
pending in the said Courts, may be carried on, prosecuted 
& determined in the said Courts to be holden on the said 
third Tuesday of July in manner as aforesaid. 

And whereas in March last several towns in the said 
County of Essex by mistake elected their grand jurors by 
ballot to serve in the Court of general sessions of the peace 
to be holden within & for the said County the year then 
following; by reason whereof the grand jurors returned 
to serve as aforesaid in said Court & who by law should 
have been sworn at the last April term thereof were dis- 
charged ; therefore 

Resolved that the Clerk of the said Court of general ses- 
sions of the peace be & he is hereby authorised & directed 
thirty days at least before the said third Tuesday of July 
next to make out his warrant to the Constables of such 
towns in said County as were directed to return grand 
jurors at said April term, requiring them severally to as- 
semble ten days before the same third Tuesday, the free- 
holders & inhabitants of their respective towns qualified 



Resolves, 1795. — May Session. 469 

to vote for a representative, to appoint, in the manner 
prescribed in an act passed in February A D 1794 entitled, 
"An Act in addition to & amendment of an act entitled 
an act regulating the appointment & services of grand 
jurors," so many good & lawful men, as they were re- 
spectively required to appoint in March last, to appear on 
the third tuesday of July next, at ten of the clock in the 
forenoon, at the said Court of general sessions of the peace 
to be holden at Salem aforesaid within & for the said 
County, on the said third tuesday of July next, & then 
to serve on the grand jury at every Court of general ses- 
sions of the peace untill the April term thereof included, 
which will be in the year of our Lord one thousand seven 
hundred and ninety six & untill another grand jury shall 
be appointed impannelled & sworn in their room. And 
the Constables shall notify the persons that shall be chosen 
as before directed, four days before the said third tuesday 
of July next. And if any Constable, town or grand juror 
in this case, shall neglect to perform the duty therein re- 
quired, such Constable, town or grand juror shall incur 
the penalty in such case by law provided in an act passed 
in June 1784 entitled "An Act regulating the appoint- 
ment and services of grand jurors." 

And the Secretary is directed to cause the first of the 
foregoing Resolves to be seasonably publis[A]ed in the 
Salem Gazette, & impartial Herald printed in Newbury 
Port three weeks successively. June 5, 1795. 



ANSWER OF THE SENATE TO THE GOVERNOR'S SPEECH AT THE 
OPENING OF THE SESSION. 

Ordered — That John Bacon, Nathaniel Wells, Daniel 
Cony, Nathan Dane, and John Davis, Esqrs. be a Com- 
mittee to wait on his Excellency the Governor, with the 
following Answer to his Excellency's Speech, at the open- 
ing of the present session of the General Court. 

SAMUEL PHILLIPS, President. 

May it please your Excellency — 
The Senate cannot but express their sincere satisfaction 
at the renewed testimony of public confidence, which ex- 
cites the just and grateful sentiments, expressed in your 
Excellency s communications. 



470 Resolves, 1795. — May Session. 

The harmony and good humour so essential to the bene- 
ficial operation of the well organized Government, with 
which this Commonwealth is favored, it shall be our study 
to cultivate and improve : and by free communications 
and an explicit avowal of principles and intentions to con- 
form to the Genius of our Constitution and to the character 
of the people by whom it is enjoyed. 

A recurrence to the principles and events, which dis- 
tinguished the early settlement of our Country, to which 
your excellency has drawn our attention, will ever be 
peculiarly gratifying to thoughtfull and patriotic minds. 
To Eulogys upon our illustrious Ancesters, every American 
heart is in constant unison. Poverty and distress, persecu- 
tion and contempt were plentifully poured into their Cup. 
But the Sun of Glory will ever shine upon their Tombs. 
The affectionate reverence of their descendants will em- 
balm their memory, and a respectful regard to those prin- 
ciples and institutions which have been attended with 
unexampled prosperity, will form the glorious reward, 
which they contemplated and in the anticipation of which 
all their sufferings were softened. 

The diffusion of equal liberty and the voluntary adop- 
tion of those principles of rational freedom, which form 
the basis of the American Constitutions, by any of the 
nations of Europe, are circumstances which afford us 
sensible satisfaction. On the Supreme disposer of Events 
, we rely to give the contending nations peace, when the 

great purposes of the present commotions shall be accom- 
lished. At the same time we cannot but express our 
gratitude that he has blessed us with a government which 
has preserved us in prosperous tranquility amidst the 
sanguinary conflicts which have afflicted the European 
world. 

Your Excellency's attention to the establishment and 
operation of literary institutions is justified by the im- 
portance of the Subject. Academies have been considered 
as useful institutions to aflbrd the means of instruction in 
several branches of science of general and obvious utility, 
for which Grammar Schools are not well calculated. Con- 
sidering the various literary institutions in the Common- 
wealth as highly necessary and usefiil for extending the 
several branches of learning and science for the promotion 
of which they were respectively established, it shall be our 



Kesolves, 1795. — May Session. 471 

special Care, at all times, to patronise them in such a man- 
ner as to encourage and eftectually protect the whole — 
and as time and experience shall evince that any of these 
institutions shall stand in need of the special assistance 
and patronage of the Government we flatter ourselves that 
the Senate of Massachusetts will never withhold such 
assistance or patronage. 

We sensibly feel with your Excellency real satisfaction 
when we contemplate the cool, deliberate and enlightened 
manner in which the Citizens of this State have lately ex- 
amined their Constitution in order to revise it or pre- 
serve it in its present form. This deliberate character and 
this dignified manner of examining the principles and forms 
of their Government must be attributed in no small degree 
to the excellent literary institutions established by them 
and their venerable Ancestors. 

As perfect and permanent a System of Jurisprudence, 
as is attainable by men, will unquestionably be the object 
of the enlightened Citizens of this Commonwealth. If in 
examining the Machinery of the Government in this impor- 
tant branch of it, any improvement should come under 
consideration, it will surely be contemplated with all proper 
deference and res})ect for those modes and systems which 
time has rendered venerable and long habit has familiar- 
ized or endeared. 

The honorable and permanent provision which the Con- 
stitution requires to be made for certain important officers 
is founded on such solid and approved principles, that any 
existing inadequacy will engage our careful attention ; 
and the ol)vious policy and justice of making equitable 
and adequate rewards to all the Officers of Government, 
will lead us carefully to consider any circumstances which 
may have diminished the compensation to which their 
services are entituled. 

The adequate i)rovision which has been made for the 
payment of the Interest on the debt of the Commonwealth 
and the favorable operation of the Sj^stem, adopted for its 
gradual reduction, atford us much satisfaction ; and we are 
happy in the reflection, that the accomplishment of those 
interesting objects will be materially aided by resources 
independent of a Tax upon the Citizens. 

We are convinced of your Excellencys readiness to co- 
operate with us in the dispatch of public business : and 



472 Resolves, 1795. — May Session. 



shall endeavour to give your Excellency suitable oppor- 
tunity for the revision of those bills and resolves which 
may be passed in the present session. June 6, 1795. 



ANSWER OF THE HOUSE TO THE GOVERNOR'S SPEECH AT THE 
OPENING OF THE SESSION. 

[Presented by Br. Jarvis, Dr. Eustis, Mess'rs Mason, (Boston) Strong, and Waldo.] 

Sir, It is with real satisfaction that the House of Rep- 
resentatives embrace the present opportunity of renewing 
their congratulations on your re-election to the first office 
of this Government. The unanimity with which this 
agreeable event has been distinguished, is a new proof of 
the confidence reposed by your fellow citizens in your real 
patriotism & integrity. 

It is with pleasure we recognize with your Excellency 
the truth of a principle no less beautiful in theory than it 
is just and incontestible in practice. In this, as in every 
State where the sovereignty is retained by the whole 
people as their unalienable right, the exercise of every 
power which must emanate from their authority, will natu- 
rally be directed to promote their real interest. It is to 
this source we may trace the uninterrupted harmony in 
the respective departments of our present Government, 
which has so happily prevailed from the first moment of 
its existence to the present p