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

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ACTS AND RESOLVES 



MASSACHUSETTS. 



1796-97. 



[Published by the Secretary of the Commonwealth, under 
Authority of Chapter 104, Resolves of 1889.] 



ACTS 



AND 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS, 



BOSTON : 

Printed by YOUNG & MINNS, 

Printers to the Honorable the General Court of the Commonwealth, 
AT their Printing Office, State Street. 

M,DCC,XCVI. 



Reprinted by Wright & Poiter Printing Compan\% 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-FIFTH DAY 
OF MAY, ANNO DOMINI, 1796. 



1796. —Chapter 1. 

[May Session, ch. 1.] 

AN ACT FOR GIVING A NEW APPELLATION TO A CORPORATION 
INSTITUTED IN THE YEAR OF OUR LORD ONE THOUSAND 
SEVEN HUNDRED AND NINETY-FIVE, FOR BRINGING FRESH 
WATER INTO BOSTON BY SUBTERRANEOUS PIPES. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, — That the Corporation which was instituted by Name estab- 
an Act of the twenty-seventh day of February in the Year 
of our Lord one thousand seven hundred & ninety five, 
for bringing fresh water into Boston by subterraneous 
Pipes, shall be empower'd to assume the appellation of 
" The Aqueduct Corporation," and by that name to con- 
tract, sue and be sued, receive and grant Estates, accord- 
ing to the original Institution of the same Corporation, 
and by that name only shall be called & known hereafter. 

Approved June 10, 1796. 

1796. — Chapter 3. 

[May Session, ch. 2.] 

AN ACT SETTING OFF LEMUEL RICH AND OTHERS FROM THE 
TOWN OF STANDISH, & ANNEXING THEM TO THE BAPTIST 
SOCIETY IN GORHAM. 

Be it Enacted by the Senate and House of Mepresenta- 
tives in General Court assembled and by the authority of 
the same. That Lemuel Rich, Lemuel Rich junr. Boaz Persons, etc., 
Rich, Isaac Chase, Amos Thomas, Seth L. Hamlen, Jacob ^^'° 
York, Moses Richardson, James Rich, Israel Rich & Wil- 



6 



Acts, 1796. — Chapter 3. 



Ham Harmon of Standish in the County of Cumberland 
with their Polls & Estates be and hereby are set oif from 
the said Town of Standish and annexed to the Antipaedo- 
baptist Society in Gorham in said County ; there to do 
Parish duties, & enjoy Parish privileges. 

Approved June 10, 1796. 



Boundaries, 



Benj. Russell, 
Esq. to issue 
warrant. 



1796. — Chapter 3. 

[May Session, ch. 3.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED SUDBURY- 
CANADA IN THE COUNTY OF YORK INTO A TOWN BY THE 
NAME OF BETHEL AND FOR DIVIDING THE SAME TOWN, 
AND ESTABLISHING THEREIN TWO PARISHES. 

Be it enacted by the Senate and House of Representa- 
tives in General Court Assembled, and by the Authority 
of the same — that the tract of Land called Sudbury- 
canada, Bounded as follows, Viz. Beginning at a beach 
Tree marked S.Y one mile from the North side of Am- 
morascoggin River, and on the Northeast side of Peabody's 
Patent, thence runing South twenty Degrees, East four 
miles and one half on Peobody's patent, and Fryeburg 
Acadamy Land to a hemlock Tree marked fful III, Thence 
East twenty Degrees North nine miles on Oxford and 
States Land to a beach Tree marked 1 n — Thence 
North twenty Degrees west four miles one quarter and 
sixty Rods on New Pennicook to Ammorascoggin River 
— Thence West two Degrees South, three Miles and three 
quarters on Howard's Grant to a beach Tree — Thence 
West thirty four Degrees South on Thomas Town to the 
first mentioned bound, — Together with the inhabitants 
thereon, be and they are hereby Incorporated into a Town 
by the name of Bethel. And the inhabitents of said Town, 
are hereby invested with all the powers, privileges, and 
immunities, which the Inhabitants of Towns within this 
Commonwealth do, or may by Law enjoy. 

And be it further enacted that Benjamin Russell Esqr. 
is hereby Authorized and empowered to issue his warrant, 
directed to some suitable Inhabitant of the said Town of 
Bethel directing him to Notify the Inhabitants of said Town 
quallified to Vote in Town affairs to meet at such time 
and place, as he shall appoint, to choose such Officers as 
other Towns are empowered to choose at their annual 
meetings in the month of March or April Annually. 



Acts, 1796. — Chapter 4. 7 

Be it further enacted by the Authority aforesaid^ that 
the said Town of Bethel, be and the same is hereby divided 
into two distinct parishes to be designated, the East parish 
and West parish — And tlie following shall be the divide- 
ing line between said parishes Vizt : Beginning on the Boundaries of 
South line of the Town at a Tree Marked sixteen, seven- EaBtPadBh. 
teen, standing on the line between the sixteenth & seven- 
teenth ranges of Lots, thence to run on said line between 
the sixteenth and seventeenth ranges to the north line of 
the town ; And all the Lands in said Town, with the In- 
habitants thereon east of said dividing line be and hereby 
are Incorporated into a seperate parish, by the name of the 
East parish in Bethel. And all the lands in said Town BoundarieBof 
with the Inhabitants thereon west of the said dividino; line ^^*'^""*''- 
be, and hereby are Incorporated into a seperate parish by 
the name of the West parish in Bethel. And that each 
of said parishes be and are hereby Invested with all the 
powers, privileges, & immunities, which other parishes 
within this Commonwealth are intitled.to, or do by Law 
enjoy. 

A.7id be it further enacted by the Authority aforesaid^ 
that Benjamin Russell Esqr. be and he is hereby Author- choice of 

i.T !• 1 j_Tjij '1 Parish Officers. 

ized, to Issue his several warrants, directed to some suit- 
able person in each of said parishes, requiring him to notify 
and warn the Inhabitants of the parish wherein he lives 
to meet at the time and place expressed in such warrant, 
for the purpose of choosing such Parish Otficers as may 
be chosen in the Month of March or April Annually, And 
also to transact any other business that may be legally 
transacted in parish Meetings. Approved June 10, 1796. 



1796. — Chapter 4. 

[May Session, ch. 5.] 

AN ACT TO AMEND THE ACT "DIRECTING THE MANNER IN 
WHICH INQUESTS OF OFFICE SHALL BE TAKEN, TO REVEST 
REAL ESTATE IN THE COMMONWEALTH OR TO ENTITLE THE 
COMMONWEALTH THERETO." 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that in all cases wherein the Legislature hath Attomey- 
already directed, or shall direct the Attorney General to ITsi'sdJu 
institute an Inquest of Office in order to revest the title suc'h breaches 
and possession of any Real Estate in the said Common- p^o'^'gj.*^'"''^ 



8 



Acts, 1796. — Chapter 5. 



wealth for the breach or breaches of any of the conditions 
of the leases, grants or other conveyances thereof, it shall 
be the duty of the said Attorney General, to assign such 
breach or breaches of conditions, in the information he 
shall file, as to him shall appear proper ; though there 



shall be no Act of the Legislature directing or 

ing the same 

notwithstanding 



designat- 



any thing in the said Act to the contrary. 
Approved June 11, 1796. 



Preamble. 



Persons 
iucorporated. 



1796. — Chapter 5. 

[May Session, ch. 4.] 

AN ACT FOR ESTABLISHING A TURNPIKE GATE ON SUCH ROAD 
AS SHALL BE MADE AT THE PLACE AND ACCORDING TO THE 
PROVISIONS OF THIS ACT. 

Whei^eas the highway leading through the toivns of 
Palmer & Western, is circuitous rocky arid inountainous 
and there is much travelling over the same, & the expence 
of st7'aitening , making and repairing an highivay through 
those towns so as that the same may be safe <& convenient 
for travellers ivith horses <& carriages, ivoidd he much 
greater than ought to he required of the said towns under 
their present circumstances ; 

Be it therefore Enacted hy the Senate & House of Rep- 
resentatives in General Court assembled and by the author- 
ity of the same, that Levi Pease, Ephraim Mower, Nathaniel 
Gorham, Moses Bliss, Thomas Dwight, Jonathan Dwight, 
Dwight Foster, John Hastings, David Sexton, Samuel 
Fowler, Daniel Goulding, Ebenezer Hunt, Samuel Hen- 
shaw, John Hooker, Erastus Lyman, Joseph Lyman, 
Levi Lincoln, Pliny Merrick, Ebenezer Mattoon junr. 
Charles Phelps, Nathaniel Paine, Warham Parks, Ben- 
jamin Prescott, William Shepard, Levi Shepard, Simeon 
Strong, Phinehas Upham, Samuel Ward, John Williams, 
Samuel Flagg, Salem Town, and all such persons as shall 
be associated with them and their Successors, shall be a 
Corporation by the name of "The First Massachusetts 
Turnpike Corporation," and shall by that name sue & be 
sued, & shall have a common Seal and enjoy all the })rivi- 
leges & powers, which are b}' law incident to Corporations, 
for the purpose of laying out and making a Turnpike Road 
from Western Bridge, near the Upper Mills so called in 
Western in the County of Worcester, to the County-Road, 
near the house lately called Scott's tavern in Palmer in 



Acts, 1796. — Chapter 5. 9 

the County of Hampshire, and for keeping the same in 
repair in such place or places as the said Corporation shall 
choose for the same ; which road shall not be less than 
thirty feet in width in any place. And that when said Rateoftoii. 
Turnpike road shall be sufficiently made, and shall be so 
allowed and approved by the Justices of the Supreme 
Judicial Court, at any term thereof, in any County of this 
Commonwealth, then the said Corporation shall be author- 
ized to erect a Turnpike Gate on the same, in such manner 
as shall be necessary and convenient and shall be entitled 
to receive from each Traveller and Passenger the follow- 
ing rate of Toll, to wit, for every Coach, Phaa?ton, Chariot, 
or other four wheel Carriage drawn by two horses, twenty 
five Cents ; and if drawn by more than two horses an addi- 
tional sum of four cents for each horse ; for every cart, 
waggon or sled drawn by two oxen or horses, ten Cents, 
and if by more than two, an additional sum of three cents 
for every such ox or horse ; for every Curricle, nine Cents ; 
for every Sleigh drawn by two horses, nine Cents ; and if 
drawn by more than two, an additional sum of three cents 
for each horse ; for every Chaise, Chair or other Carriage 
drawn by one horse, nine Cents ; for every man & horse 
five Cents ; for all oxen, horses & neet Cattle led or driven, 
besides those in Teams and Carriages, three Cents each ; 
for all sheep & swine three Cents by the dozen, and in the 
same proportion for a greater or less number. 

And be it further Enacted that the said Corporation corporation 
may purchase & hold any Land over which they may purcha8\''or° 
make said Road ; and the Justices of the Court of General lheVur°pl3'8i°s'^ 
Sessions of the Peace, in such County, are hereby author- of the Road. 
ized on application from said Corporation, to lay out such 
road or any part thereof, within their respective Jurisdic- 
tions, as, with the consent of said Corporation, they may 
deem proper ; & the said Corporation shall be holden to 
pay all damages which shall arise to any person by taking 
his land for such road, where it cannot be obtained by 
voluntary agreement, to be estimated by a Committee 
appointed hy the Court of General Sessions of the Peace 
in the County in which such damage shall arise ; saving to 
either party the right of trial by Jury, according to the law 
which makes provision for the recovery of damages happen- 
ing by laying out publick highways. 

And he it further Enacted that if said Corporation, their Penalty for 
toll gatherers and others in their employ, shall unreason- eltonk^n. 
ably delay or hinder any traveller or passenger at said 



10 



Acts, 1796. — Chapter 5. 



Fine for 
injuring the 
Turnpike gate. 



Proviso. 



Gate, or shall demand or receive more toll than is by this 
Act established, the Corporation shall forfeit & pay a sum 
not exceeding ten dollars nor less than one dollar, to be 
recovered before any Justice of the Peace in either of the 
Counties aforesaid, where the offence shall 1)6 comitted, 
by any person injured, delayed or defrauded, in a special 
action on the case ; the writ in which, shall be served on 
the said Corporation, by leaving a copy of the same with 
the Treasurer or with some individual member of the said 
Corporation, living within the County where the offence 
shall be committed, or reading the contents thereof to said 
Treasurer or individual member, at least seven days before 
the day of trial ; and the treasurer of said corporation or 
individual member, shall be allowed to defend the same 
suit in behalf of the Corporation ; and the Corporation 
shall be liable to pay all damages which shall hap})en to 
any person from whom toll is by this act demandable for 
any damages which shall arise from defect of Bridges or 
want of repairs within the same way ; and shall be also 
liable to a fine on presentment of the Grand Jury for not 
keeping the same way or the Bridges thereon in good 
repair. 

And be it further enacted that if any person shall cut, 
break down, or destroy the said turnpike gate, or shall 
forceably pass, or attempt by force to pass the same with- 
out having first paid the legal toll at such gate, such per- 
son shall forfeit and pay a sum not exceeding forty dollars, 
nor less than two dollars to be recovered by the Treasurer 
of the said corporation to their use in an action of trespass 
before any court proper to try, the same. And if any 
person shall with his carriage. Team, Cattle, or horse, 
turn out of the said road to pass the said turn-pike-gate 
on ground adjacent thereto, with intent to avoid the pay- 
ment of the toll due by virtue of this Act, such person 
shall forfeit and pay three times so much as the legal toll 
would have been, to be recovered by the Treasurer of the 
said Corporation to the Use thereof in an action of debt 
on the case ; Provided that nothing in this Act shall ex- 
tend to intitle the said Corporation to demand toll of any 
person, who shall be passing with bis horse or carriage, 
to or from public Worship, or with his horse, team, or 
cattle, or on foot, to or from his common labour on his 
farm, or to or from any mill, or on the common and ordi- 
nary business of Family concerns within the same town : 



Acts, 1796. — Chapter 5. 11 

And provided also that the said Corporation shall not de- 
mand any toll, for said turnpike-road where the same shall 
be made on the public highway now existing, nor erect 
any gates thereon, untill the court of General Sessions of 
the peace shall discontinue the same. 

And be it further enacted^ that the shares in the same shares to be 
turnpike road shall be taken, deemed, and considered, to lTrTona\^ estate. 
be personal estate to all intents and purposes. 

And be it further enacted, that there shall be a meeting Meeting of the 
of the said corporation held at the house of Simeon Dwight, ^°''p°'^''''°°- 
Inn holder in Western, in the County of Worcester, on the 
second Monday of September next, for the purpose of 
choosing a clerk, and such other Officers, as may then 
and there, be agreed upon by the said Corporation, for 
regulating the concerns thereof, and that the said Corpo- 
ration, may then and there, agree upon such method, of 
calling meetings in future as they may judge proper. 

And be it further Enacted that the books of the said Bookstobe 

•^ , , subject to 

Corporation shall at all times be subject to be inspected inspection. 
and examined by a Committee to be appointed by the 
General Court. 

And be it further Enacted that the said Corporation at f '1° "/^ec^ted^ 
the place or places where the Toll shall be collected, shall 
erect & keep constantly exposed to view, a Sign or board 
with the rates of Toll of all the tollable articles fairly & 
legibly written thereon, in large or capital letters. 

And be it further enacted that the General Court, may corporation 
dissolve the said Corporation, whenever it shall appear to dTsso^ived after 
their satisfaction, that the income, arising from the said compeMafed. 
toll, shall have fully compensated the said Corporatioo, 
for all monies they may have expended, in purchasing, 
making, repairing, and taking care of, the said Road to- 
gether with an interest thereon, at the rate of twelve per 
Centum by the year ; and thereupon the property of the 
said road, shall be vested in this Commonwealth, and be 
at their disposal. Provided that if the said Corporation, Proviso. 
shall neglect to compleat the said turnpike road, for the 
space of five years, from the passing this Act, the same 
shall become void & of none effect. 

And be it further enacted that the said corporation, shall Account of 

, , ^ . . 1 ' . expence to be 

withm six months after said road is compleated, lodge in lodged in the 
the Secretary's Office, an account of the expence thereof office. 
— and that the said Corporation shall annually exhibit to 
the Governor and Council, a true account of the income, 



12 Acts, 1796. — Chapter 6. 

or devidend arising from the said toll, with their necessary 
annual disbursments on said road, — and their books shall 
at all times be subject to the inspection of the Governor 
and Council when called for. Approved June 11, 1796. 



1796. — Chapter 6.* 

[May Session.] 

AN ACT FOE, APPORTIONING AND ASSESSING A TAX OF ONE 
HUNDRED & THIRTY-THREE THOUSAND, THREE HUNDRED 
AND NINETY FOUR DOLLARS & EIGHTY SIX CENTS, AND PRO- 
VIDING FOR THE REIMBURSEMENT OF TWENTY THOUSAND, 
EIGHT HUNDRED AND NINETY NINE DOLLARS AND FIFTY 
CENTS PAID OUT OF THE PUBLIC TREASURY TO THE MEM- 
BERS OF THE HOUSE OF REPRESENTATIVES, FOR THEIR AT- 
TENDANCE THE TWO LAST SESSIONS OF THE GENERAL COURT. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority 
of the same, that each Town, District, Plantation and 
other place hereinafter named, within this Commonwealth, 
shall be assessed and pay the several sums with which 
they stand respectively charged in the following Schedule 
— vizt. 

* Not printed in session pamphlet. 



Acts, 1796. — Chapter 6. 



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Acts, 1796. — Chapter 6. 31 

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 wnthin this Commonwealth, the 
Inhabitants w^hereof are taxed as aforesaid, requiring such 
Selectmen or Assessors, respectively to assess in dollars 
& Cents the sum hereb}'^ set upon such town, district, plan- 
tation 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 
respectively 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 tjie 
sums Assessed on the polls as aforesaid) to assess on the 
inhabitants of such town, district, plantation or other 
place as aforesaid, according to the just value of the real 
Estate of each Inhabitant of such Town, district planta- 
tion, 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 right of others, lying within the said Town, 
district, plantation or other place, improved or not im- 
proved ; and on the nonresident proprietors of Real Es- 
tate, l3nng wnthin such town, district, plantation or other 
place, in their own, or the right of others, improved or 
unimproved, saving all agreements between land-lords 
& tenants ; & where no agreement is, the landlord to re- 
imburse such Tenant one half of such Tax ; & also on the 
Inhabitants of such Town, district, plantation, or other 
place, 8c 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, altho' the 
same be secured by an absolute conveyance of real estate, 
if a Bond of defeasance or promise of conveyance has been 
given, and all other debts due more than they are indebted 
for, monies of all kind on hand, Public securities of all 
kinds & Bank stock held in any Bank, according to the 
just value thereof, & also the just amount of the Value 
of all goods, Wares & merchandize, Stock in Trade, 



32 Acts, 1796. — Chapter 6. 

Vessells of all sorts at home and abroad, with all their 
stores & appurtenances, Mules, horses, & neat cattle, 
each of one year Old & upwards, & swine of Six months 
Old and upwards, & all other property of the several kinds, 
returned in the last valuation (excepting Sheep, house- 
hold furniture, wearing apparrel, farming utensils, and 
Tools of mechanicks) on the said first day of May — And 
the Assessors of the respective Towns, districts, planta- 
tions, & 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 (except- 
ing unimproved lands which shall be estimated at Two 
per centum^ where they are situated) & on the Amount of 
the incomes of the Inhabitants, within their respective pre- 
cincts as aforesaid, from any profession, Handicraft trade 
or imployment, 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 coUumns against 
each persons name, how much he or she is Assessed for 
Polls, how much for real Estates & how much for personal 
Estate & income as aforesaid ; & if as gaurdian, or for 
any Estate in his or her possession, in trust to be dis- 
tinctly expressed ; & also to insert in their rate Bills, the 
number of Acres of unimproved Land, which they have 
Taxed to each of the nonresident proprietors of lands 
within their respective Towns, districts, plantations or 
other places & also the real value at which they have 
estimated the same ; & the list or lists, so compleated & 
signed by them in manner as aforesaid, or by the [the] 
major part of them to commit to the Collector or Collec- 
tors constable or constables of such Town, district Plan- 
tation, or other place respectively, with a Warrant, or 
Warrants, in due form of Law for collecting & paying the 
same to the Treasurer of this Commonwealth, on or before 
the first day of April next ; & also to return a Certificate 
of the name or names of such Collector or Collectors, 
Constable or Constables, with the Sum total committed to 
them respectively to collect, to the said Treasurer, some 
time before the first day of Deer. next. 

And Whereas there are many persons within this Com- 
monwealth who are engaged in trade, & who almost en- 
tirely negotiate their business &, hire shops, stores cfe 
wharves in other towns than where they dwell or reside. 



Acts, 1796. — Chapter 6. 33 

& whose property & ability in this regard cannot be so 
well known to the Assessors of the several towns, dis- 
tricts 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, & pay Taxes for such of their goods, wares & 
merchandize, stock in trade, Ships & Vessels as are sold, 
used & improved in such Towns other than where they 
reside, & not in the Towns where such persons dwell or 
reside ; & they shall accordingly give in on Oath, if re- 
quired, a list of their whole Estates respectively 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 of 
such Towns or places where they respectively reside or 
have their home : Provided cdicays 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 he 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 Min- 
isters of the Gospel, & 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 im- 
provement of the Estates, of Harvard College, Williams 
College and Bowdoin College in this Commonwealth, are 
not to be assessed for the same ; nor Indians for their 
Polls & Estates ; and if there be any others who by reason 
of age, infirmity or poverty, are miable to pay towards 
the public Charges, and in the judgement of the Assessors 
ought to be releived in their taxes, in any such case, the 
Assessors respectively may exempt the Polls & Estates of 
such persons, or abate any part of what they are set at as 
they on their Oaths, shall deem just & equitable. 

And be it further Enacted, That the Justices of the Peace 
at their several sessions in their respective Counties, when 
duly authorized for the assessment of a County Tax, shall 



34 Acts, 1796. — Chapter 6. 

apportion the same on the several Towns, Districts, plan- 
tations, & other places in there 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, 
Parish or Society Taxes, shall govern themselves by the 
same rules, & assess the Polls in their respective Towns, 
Parishes or Societies, 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 ahvays that it shall & may be lawful for any 
Town, district or plantation to levy, make & collect any 
County, Town, parish or Society 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 pur- 
pose. And the assessors of the several Towns which by 
this Act are charged with the pay of Representatives, shall 
assess such additional sum on the Polls & Estates as afore- 
said, within their respective Towns & shall apportion the 
same in the same proportion at which such Polls & Estates 
shall be respectively set for raising the sum of one hun- 
dred & thirty three thousand three hundred & ninety four 
Dollars & eighty six cents. 

And he it further 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 Plimouth 
Company, so called, & 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 & Assigns 
of the late Brigadier Waldo of the Lincolnshire company 
or Twenty associates, & of the ten original proprietors, 
so called ; all which sums are to be collected in the same 
manner as Collectors or Constables are authorized & 
directed to proceed in collecting the Taxes laid on Non- 
resident Proprietors of unimproved lands & 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 



Acts, 1796. — Chapters 7, 8. 35 

by the Treasurer of this Commonwealth on any Constable 
or Collector of this Tax for any part of the same. 

And be it further Unacted that Twenty five thousand 
Dollars of the sum ordered to be assessed & paid by this 
Act, be & hereby is appropriated towards paying the 
Interest on the Public Debt, & the residue for defreying 
the expences of Government. Approved June 13, 1796. 



1796. — Chapter 7. 

[May Session, ch. 6.] 

AN ACT TO CHANGE THE NAME OF EPHRAIM FARRAR TO THE 
NAME OF JOHN FARRAR. 

Be it Unacted 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, Name changed. 
Ephraim Farrar of Worcester in the County of Worces- 
ter, Son of John Farrar late of Shewsbury in the County 
of Worcester deceased be and he hereby is authorized and 
allowed to take, use, and bear the Name of John Farrar, 
and by that Name to be forever hereafter known and called 
in all precepts and records whatsoever. 

Approved June 13, 1796. 



1796. — Chapter 8. 

[May Session, ch. 7.] 

AN ACT TO INCORPORATE JOHN CLEAVES AND OTHERS FOR 
THE PURPOSE OF BUILDING A SLUICE-WAY FROM A PLACE 
CALLED DENNETT'S LANDING ON SACO RIVER TO PEPPER- 
ELL'S WHARF. 

Be it Unacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that John Cleaves, Joseph Libbey, David Lib- i^conKfrated. 
bey and Daniel Libbey and all such persons as shall be 
associated with them and their Successors shall be a Cor- 
poration by the name of the Proprietors of the sluice way 
on Saco River for the purpose of building a sluice-way 
from a place called Dennett's landing on Saco River to 
Pepperell's Wharf. 

And be it further Enacted, that the said Proprietors First Meeting 
shall hold their first meeting on the last Monday of July ° ^ '° " ^' 
next, at the house of said John Cleaves in said Pepperell- 



36 Acts, 1796. — Chapter 8. 

borough, who is hereb}^ directed to give notice thereof to 
all the other Proprietors. 
Toll And be it further Enacted, that for the purpose of reim- 

bursing the said Proprietors the Money to be expended in 
building, supporting and keeping in repair said Sluice- 
way a Toll be and hereby is granted and established for 
the sole benefit of said Corporation, according to the 
Eates following ; to wit, for every thousand feet of boards, 
or plank, or joist, twenty Cents ; for every thousand of 
Shingles, four Cents ; for every thousand of Clap-boards, 
twenty Cents ; for every Ton of Timber, eight Cents ; for 
every hundred feet of ranging timber, eight Cents ; for 
every thousand of Staves, thirty Cents ; for every mast, 
forty Cents; for all Mill logs, three Cents each; for all 
oar rafters, twenty Cents, for each thousand feet ; for all 
Spars, twenty Cents, for every hundred Inches, and in that 
proportion for a greater or less number of any of the said 
Articles. 

And be it further Enacted, that the Shares in the same 

sluice way shall be taken, deemed and considered to be 

personal Estate to all intents and purposes. 

SatJdVthe -^'*^ *^ if further Enacted, that the General Court shall 

General Court havc a right to rcgulate the toll aforesaid after the term 

years. of twclvc years from the first day of January next ; and 

if the said Corporation shall neglect or refuse for the space 

of two Years from the said first day of January next to 

build and compleat the said sluice-way, then this Act shall 

be void, and of no eflect. 

Proprietors j^iid jg {( further Euttcted, that if it shall be necessary 

empowered to ' -, tK - ji •ii- ji 

take lands for for the said Proprictors to run the said sluice wa}" over the 

the purposes of iij> i ±. ^ •^\• ^ 

the Biuice-way. lauds of any pcrsou or persons, who may not be willing to 
dispose of his or their right therein by an agreement with 
the said Proprietors, they are hereby authorized to take 
and hold as much of the said Land as may be necessary 
for the purpose of said sluice-way, making allowance there- 
for to the owners of such Land, according to the Mode pre- 
scribed in the Act incorporating the proprietors of the 
Middlesex Canal. — And the said proprietors at the same 
or any subsequent meeting may enjoin and order fines and 
penalties for the breach of any bye Law of such corpora- 
tion, not exceeding fourteen dollars. 

Approved June 14, 1796. 



Acts, 1796. — Chapters 9, 10. 37 

1796. — Chapter 9. 

[Maj- Session, ch. 8.] 

AN ACT ALTERING THE NAME OF THOMAS AMORY TO THE 
NAME OF THOMAS C. AMORY. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, & hy the authority of 
the same, That from and after the passing of this Act, Name altered. 
Thomas Amory of Boston, in the County of Suffolk, 
Merchant, son of the late Thomas Amory deceased, shall 
be, & hereby, is authorized, & empowered, to take, bear, 
& use, the Name of Thomas C. Amory, and shall be called 
& known by that Name at all times hereafter. 

A^jproved Jxme 14, 1796. 

1796. — Chapter 10. 

[May Session, ch. 9.] 

AN ACT TO INCORPORATE CERTAIN LANDS IN THE TOWNS OF 
BOYLSTON, STERLING, AND HOLDEN INTO A PRECINCT. 

Be it enacted by the Senate and house of Representa- 
tives in General Court assembled, and by the Authority 
of the same, that the lands herein described and bounded Boundaries, 
as follows, namely, beginning at a stake and stones the 
south east corner of Danforth farm, thence runing north 
five degrees West one hundred and Ninety three Rods, to 
a bunch of Elms, a corner between Ephraim Beaman's 
and Matthew Devenport's lands ; thence north twenty five 
degrees east three hundred and eighty Rods to a heap of 
stones, the North east corner of Israel Moor's land, which 
corner is on the Northerly line of Boylston ; thence run- 
ning with the line that divides Boylston from Sterling 
easterly about two hundred rods, to a crotched oak and 
stones, a bound between the said Towns ; thence north 
seven degrees east one hundred and thirty rods, to a heap 
of stones : thence North fifty eight degrees west four hun- 
dred and twenty five rods to a chesnut tree, and stones by 
it on land of Jabez Fairbank ; thence north eighty three 
degrees and a half west two hundred and thirty three rods 
to a heap of stones hy a County road a bound of the lands 
of Oliver Moor and Al)igial Sawyer : thence south eighty 
four degrees west one hundred and forty six rods to a white 
pine and stones, on the bank of still water river, thence 
north seventy two degrees west five hundred and fourteen 



38 



Acts, 1796. — Chapter 10. 



Precinct 
incorporated. 



John Sprague, 
Esq., to issue 
warrant. 



Persons may 
continue of the 
First Precinct. 



First Meeting. 



rods to Holden line, then keeping the same course, one 
hundred Rods to a heap of stones ; thence south, six degrees 
east one thousand six hundred and twenty six rods to an 
Apple Tree standing in Artemas Bartlett's land, near the 
line dividing Holden and Worcester, then on the same 
dividing line easterly three hundred & twenty eight Rods 
to a swamp white Oak tree the corner of Worcester and 
Holden on the Westerly Line of Boylston, thence east 
about three hundred and twenty Rods to a heap of stones 
by a black Oak tree, at the northerly end of the dividing 
line of Maiden farm ; thence North two degrees West 
seventy rods to a stake and Stones on the line between 
John Temple & Rueben Duntun's land, thence north 
twenty five degrees East two hundred and thirty one 
Rods to the first mentioned bounds, — Together with the 
inhabitants thereon, be and they are hereby incorporated 
into a precin[c]t by the name of the second precin[c]t in 
Boylston, Sterling and Holden, and the same is hereby 
invested with all the powers, privileges and immunities 
which other precincts in this Commonwealth do or may 
by law enjoy ; and John Sprague Esquire is hereby em- 
powerd to issue his warrant directed to some suitable in- 
habitant of the said second precinct, requiring him to warn 
the inhabitants thereof to meet at some convenient time 
and place in the said precinct to chuse all such Officers as 
Precincts are by Law annually to choose. 

And be it further enacted by the Authority aforesaid^ 
that any person, with his family & Estate included within 
the limits of the said second precinct who did not pitition 
therefor and who shall choose to belong to the first pre- 
cinct in the town to which such person now belongs and 
shall certify his choice in writing to the clerk of the said 
second precinct within Six months after passing this Act, 
shall thereafter belong to such first precinct of the respec- 
tive town agreeably to his choice. 

And be it further enacted by the Authority aforesaid 
that the Selectmen of the respective towns of Boylston 
Sterling & Holden be and they hereby are empowered to 
issue Warrants for calling the first meeting of the inhab- 
itants of the several first precincts in the Towns to which 
such Selectmen belong to choose such Officers as precincts- 
are by law annually to choose. 

Approved June 14^ 1796. 



Acts, 1796. — Chapter 11. 39 

1796. — Chapter 11. 

[May Session, ch. 10.] 

AN ACT TO INCORPORATE THEODORE SEDGEWICK ESQR. & 
OTHERS FOR CERTAIN PURPOSES THEREIN MENTIONED. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, That Theodore Sedgewick, Jahleel Woodbridge, Persons 
Stephen Nash, Jonathan Ingersoll, James Francis, Joseph °'^**'^p'*'^'^ ^ 
Barton, Henry Williams Dwight, Silas Whitney, Ira 
Seymour, Phineas Ashmun, Josiah Dwight and Silas 
Pipoon all of Stockbridge in the County of Berkshire, and 
such other persons as are or may be associated with them, 
be, and they and their successors hereb}^ are constituted a 
Corporation, by the name of "The Proprietors of the 
Aqueduct in Stockbridge " for the purpose of conveying 
water by pipes into such parts of the said Town of 
Stockbridge as they may judge expedient ; provided how- 
ever that nothing in this Act contained, shall authorize 
said Corporation to enter upon or use for that purpose, 
the land of any person, without licence therefor first had 
of the proprietor of such land. 

Be it further Enacted, that any three of the Persons Three members 
above named may by notifications to be posted at the re- Seeting.^ 
spective Dwelling Houses of Ira Seymour and Samuel 
Sprague in said Stockbridge, call a meeting of the said 
Proprietors to be holden in said Stockbridge on any suit- 
able time, seven days at least after posting such Notifica- 
tions. And the said Proprietors, by a major Vote of 
those present or represented, as is hereinafter provided at 
said Meeting, accounting one Vote to each share, shall 
choose a Clerk, agree upon the mode of calling future 
meetings of the said Proprietors, and may also elect any 
other OflBcers which to them may seem necessary for 
carrying into efiect the object of their incorporation. And 
the said Proprietors at the same or any subsequent meet- 
ing of the Corporation, may enjoin & order fines and 
penalties for the breach of any of their Rules and bye laws 
not exceeding Thirteen Dollars for any one breach. And 
all persons appearing at any of said meetings to represent 
any of the said proprietors, shall have therefor an appoint- 
ment in writing, signed by the person to be so represented, 



40 



Acts, 1796. — Chapter 11. 



Authorized to 
dig up high- 
ways, &c. 



Mode of 

traneferring 

shares. 



Penalty for 

injuring 

Aqueduct. 



which shall be filed with or recorded by the Clerk of the 
Corporation ; whose duty it shall be fairly & truly to enter 
and record in a book or books to be for that purpose pro- 
vided and kept, this Act, and all the rules, bye laws, votes 
and proceedings of the said Corporation — which book &■ 
books shall at all times be subject to the inspection of 
any person or persons for that purpose appointed by the 
Legislature. And the Clerks of said Corporation shall be 
sworn by a Justice of the Peace of the said County of 
Berkshire to the faithful discharge of the duties of their 
office. 

jBe it further Enacted that the said Proprietors be and 
they hereby are authorized to enter on and dig up any 
highway or town-road for the purpose of placing such 
pipes as may be necessary to complete said Aqueduct, or 
of repairing the same when requisite ; provided they in no 
case obstruct the passing of such persons as may have 
occasion to use such road or high- way. 

Be it further Enacted^ That the mode of transferring 
shares in said Corporate property, shall be by Deed, ac- 
knowledged before a Justice of the Peace and recorded by 
the Clerk of said proprietors in a book to be kept for that 
purpose ; and when any share or shares in said property 
shall be attached on mesne process, an attested copy of 
such process, shall at the time of the attachment be left 
with the Proprietors' Clerk ; otherwise such attachment 
shall be void. And such shares may be sold on Execution, 
in the same manner as is or may be by law provided for 
the sale of personal property by execution ; the Officer 
making the sale leaving a copy of the Execution & of his 
return on the same, with the Clerk of the Proprietors 
within ten days after such sale. 

Be it further Enacted, that any person injuring said 
Aqueduct, shall be subject to the same penalties as are 
provided in the second section of the Act entitled, "An 
Act for the more effectually preventing of Trespasses in 
divers cases," passed the twenty third day of November in 
the year of our Lord one thousand, seven hundred and 
eighty five ; and shall also be'liable to make good all dam- 
ages so done, to the said Proprietors. 

Approved June 15, 1796. 



Acts, 1796. — Chapter 12. 41 

1796. — Chapter 13. 

[May Session, ch. 11.] 

AN ACT AUTHORIZING CALVIN WHITING TO CONDUCT WATER 
IN SUBTERRANEOUS PIPES WITHIN THE TOWN OF DEDHAM 
FOR THE ACCOMODATION OF CERTAIN INHABITANTS WITHIN 
SAID TOWN. 

Be it enacted by the Senate and House of Representa- 
tives in General Gourt Assembled, and by the Authority 
of the same that Calvin Whitino; of Dedham, in the County Caivin wwting 

suthoflzBd to 

of Norfolk, and his heirs and Assigns be, and they are Binksubter- 
hereby authorized and impowered to sink place, renew, '""^"^^ p'p^** 
alter and repair from time to time as he or they shall think 
necessary pipes, or conduits of water, under any highways 
or public land in said town for domestic use or other 
benefit of any Inhabitants thereof; and as well on or 
under any other land or place where the proprietors, and 
possessor thereof shall have granted said Whiting his 
heirs or assigns the privilege of so conducting water, as 
on or under said highways and public land, such pipes, 
conduits, water and works necessary thereto, shall be con- 
sidered under the protection of Law. And if any person 
or persons shall destroy displace, injure, or remove said 
water works, or any part thereof, or stop divert, draw, 
disturb or soil the water running to, through, or issuing 
from any part of said waterworks, without licence from 
said Whiting, his heirs, or assigns, or be found guilty of 
any trespass thereon, he or they shall be liable, upon 
conviction thereof to pay to the said Whiting his heirs or 
assigns, treble damages, to be recovered in an action of Penalty for 

4. • (^ P J J J. 4 i.1 injury to water 

trespass in any Court oi record proper to try the same, works. 

Provided nevertheless, that the selectmen of said town, 
where they judge expedient and likely to afford the best 
security against calamitous destruction by fire, may place 
conductors to any part of said pipes, or conduits, under 
any further reasonable restrictions to afford water on such 
occasions only, as well as the protection aforesaid which 
is hereby declared to be extended against drawing water 
by any such conductor, when the same drawing cannot 
afterwards be justified by a certificate under the hand of 
one of the Selectmen or a fireward of said town, of the 
probibility there was in his opinion of thereby preventing 
or lessening such calamitous destruction by fire. 



42 



Acts, 1796. — Chapters 13, 14. 



Proviso. 



And it is further' provided, that nothing in this Act shall 
avail the party pleading the same against evidence of un- 
necessary exposure to damage delay, disturbance or in- 
convenience to passengers their cattle or carriages, over 
any of said highways, or public land, but the same shall 
be considered a nuisance, or other transgression, ab 
initio, as much as if this Act had never been made. 

Approved June 15, 1796. 



1796. — Chapter 13.* 



[November Session, ch. 1.] 

AN ACT IN FURTHER ADDITION TO AN ACT ENTITLED, 
ACT CONCERNING GENERAL & COMMON FIELDS." 



AN 



£e it eriacted by the Senate & House of Beirresenta- 

tives in Geyieral Court Assembled & by the authority of 

fdghttoi'nctMe ^^^^ Same, That any person now owning or who may here- 

their parts of a after ow^ any Lands lyinjr within the limits of any general 

common ueld. .^ J ^ •' ~ 

& common field within this Commonwealth shall have the 
right to enclose his own Land at his own expence, & at 
all seasons of the year to have the exclusive & separate 
right of using & improving his own Lands so enclosed 
with a good & sufiicient Fence — provided that such Pro- 
prietor shall be held to maintain his proportion of the gen- 
eral fence around said Field. Approved June 15, 1796. 



Proviso. 



Preamble. 



1796. — Chapter 14. 

[May Session, ch. 12.] 

AN ACT IN ADDITION TO, AND IN EXPLANATION OF AN ACT 
PASSED JANUARY THE TWENTY-SIXTH, ONE THOUSAND 
SEVEN HUNDRED AND EIGHTY-NINE, ENTITLED "AN ACT 
TO SET OFF TO THE PATENTEES AND OTHER PURCHASERS, 
CERTAIN LANDS IN THE ISLAND OF CHAPEQUIDICK IN THE 
COUNTY OF DUKES COUNTY, AND FINALLY TO ADJUST AND 
DETERMINE ALL DISPUTES BETWEEN THE SAID PATENTEES 
AND OTHER PURCHASERS, AND THE INDIANS ON THE SAID 
ISLAND, AND TO PREVENT CATTLE, HORSES, SHEEP, GOATS 
AND SWINE FROM GOING AT LARGE ON THE SAID ISLAND 
AT CERTAIN SEASONS OF THE YEAR." 

Whereas, amongst other things in said Act, it is En- 
acted that the Indians shall never be held to make any 
Fence in the Divisional Line between them, and the 
Patentees or Purchasers oji said Island: but that the 



* Printed in November session pamphlet with this note : " The following Act 
was accidentally omitted in publishing the Acts of the last Sessions of the 
General Court." 



Acts, 1796. — Chapter 15. 43 

Patentees and Purchasers shall be at the sole expence in 
erecting and maintaining the Divisional Fence; But it is 
not declared in said Act in luhat manner or proportion the 
same ought to be 7nade and maintained, which has and 
may hereafter cause disputes to arise amongst the said 
Patentees and Pui'chasers — to prevent ivhich. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court Assembled and by [by"] the author- 
ity of the same, that those Patentees & Purchasers whose Divisional 

• T • F6DC68 ' IIOW 

lands are or may hereafter be enclosed and improved m to be erected, 
severalty and bounded by Divisional Lines as aforesaid, 
shall be held and obliged to make & maintain the one half 
of the Divisional Fence between their respective inclosures 
and the Lands assigned to the Indians, in the same manner 
as the Law provides shall be done between Neighbours 
whose Lands are under a seperate improvement ; and that 
the other half of the said Divisional Fence shall be made 
and maintained by the several Patentees and Purchasers 
agreeable to the Laws made for the regulation of common 
& General Fields & general Fences ; and that the Act, of 
which this is in Explanation, be so construed and under- 
stood. Approved June 16, 1796. 

1796. — Chapter 15. 

[May Session, ch. 13.] 

AN ACT IN ADDITION TO AN ACT ENTITLED, "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.' 

Be it Enacted by the Senate <& House of Representatives 
in General Court assembled and by the authority of the 
same, that whenever any vacancies happen in the repre- Vacancies in 
sentation of this Commonwealth in the Congress of the how^suppiied. 
United States, the Governor be and hereby is requested 
to cause precepts to issue to the Selectmen of the several 
Towns & Districts in which such vacancy shall happen, 
directing & requiring them to cause the [the] Inhabitants 
of their respective Towns, & Districts to assemble on a 
day in such precept to be appointed, to give in their Votes 
for a Representative to supply such vacancy ; And the like • 

proceedings in all respects shall be had, & the same 
penalties for any neglect of duty incurred as are provided 
in the Act to which this is an addition. 

Approved June 16, 1796. 



u 



Acts, 1796. — Chapteks 16, 17. 



Lime Hogs- 
heads — of what 
to be made. 



Penalty. 



1796 —Chapter 16. 

[May Session, ch. 14.] 

AN ACT IN ADDITION TO THE ACT ASCERTAINING THE QUALITY 
OF STONE LIME AND THE SIZE OF LIME CASKS, AND FOR 
REPEALING ALL LAWS HERETOFORE MADE RELATIVE 
THERETO, PASSED FEBRUARY TWENTY SIXTH, ONE THOU- 
SAND, SEVEN HUNDRED AND NINETY FOUR. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the Authority of 
the same, That the Staves of Lime Hogsheads or Half 
Hogsheads may be made of well seasoned Beech wood, 
and that the half Hogsheads mentioned in said Act, shall 
be deemed and taken to be sufficiently secured, when 
made with eight hoops, well driven & fastened with 
nails or pins : any thing in the said Act to the contrary, 
notwithstanding. 

And be it further Enacted, That from & after the first 
day of July next, all Lime Hogsheads and Half-Hogs- 
heads shall be made with well seasoned heads ; and if any 
Manufacturer or Owner of any stone-lime shall presume 
to sell or expose to sale or ship any lime in Casks made 
with unseasoned heads, he shall be liable to the penalty 
of two Dollars for each of such Casks, to be recovered 
and appropriated as in said Act is provided. 

Approved June 16, 1796. 



Lands to be 
considered as 
common Field. 



1796. -Chapter 17. 

[May Session, ch. 15.] 

AN ACT TO INCORPORATE THE OWNERS OF CERTAIN LANDS IN 
SOUTHWICK IN THE COUNTY OF HAMPSHIRE, BORDERING 
ON THE LINE OF THE STATE OF CONNECTICUT, FOR THE 
PURPOSE OF MANAGING THE SAME AS A COMMON FIELD. 

Be it Enacted by the Senate & House of Representa- 
tives in General Court Assembled and by the authority of 
the same, That all that Tract of Land lying in the said Town 
of Southwick & beginning at Connecticut Line on the 
East side of Congomonck Pond ; then runing Northerly 
by said pond to a Pitch Pine Tree, near the North Line 
of the little pond so called ; thence an Easterly Course 
about Thirty rods to the North side of the Road that leads 
to Stephen Sexton's ; thence on the Southerly side of said 
road as it now runs to Tahan Noble's land ; thence to 



Acts, 1796. — Chapter 18. 45 

Thomas Hanchett's & Heman Hastings', & thence in the 
line of said Road, untill it intersects Connecticut Line, 
shall be considered as a Common Field ; and that the 
Proprietors and Owners of the Lands aforesaid, are hereby 
invested with all the powers and privileges which the Pro- 
prietors of Lands in General Fields are by Law invested 
with. Approved June 17^ 1796. 

1796. — Chapter 18. 

[May Session, ch, 16.] 

AN ACT AUTHORISING THE FIRST PARISH IN NEWBURY TO 
DISCHARGE FROM TAXATION FOR THE SUPPORT OF PUBLIC 
WORSHIP IN SAID PARISH, SUCH PERSONS WITHIN THE LIMITS 
OF SAID PARISH, AS ATTEND PUBLIC WORSHIP IN ANY OTHER 
RELIGIOUS SOCIETY, & ARE WILLING TO BE SUBJECT TO 
TAXATION IN SUCH SOCIETY. 

Whereas a number of persons within the limits of the Preamble. 
first parish in Neivbury, usually attending public Worship 
in some of the Religious Societies in JSTewbury-Port, were 
heretofore exempt from Taxation in said first Parish; but 
doubts have lately arisen as to said Exemptions ; 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that the first Parish in Newbury be, and they First Parish 
hereljy are authorized to exempt from Taxation for the ftom^talTtfon 
support of Public Worship in said Parish, all those per- ™h?r^^e7ig°iou8 
sons within the limits of said parish who have heretofore ^°"^'i®^- 
been exempted upon their producing a Certificate from 
any Religious incorporate Society, that they have entered 
their names as members of such Society & are willing to 
be subject to Taxation therein. 

And be it further Enacted that the Society to which such other 
such persons are admitted, as Members, be & they hereby such persons. 
are authorized to tax their Polls & Estates for the support 
of public Worship, in the same proportion as they do 
their other members ; their living within the limits of the 
first parish in Newbury, notwithstanding. 

And be it further Enacted that the said first Parish in Further 
Newbury be and they hereby are authorized and empow- exenl'ptftom 
ered at any time hereafter to exempt from Taxation for taxation, 
the support of Public Worship in said Parish, the Polls & 
Estates of any other persons within the limits of said 
parish, who will produce a certificate from any Religious 
incorporate Society in manner as aforesaid, & shall pay 



46 



Acts, 1796. — Chapter 19. 



Further 
authority to 
evy taxes. 



their proportion of the monies raised in said Parish pre- 
vious to such Certificate. 

And be it further Enacted that any such Religious 
Society from whom the persons described in the last pre- 
ceding Paragraph, shall produce a Certificate as aforesaid, 
are hereby authorized to tax their polls and Estates in the 
same proportion as they do the other Members of their 
Society ; untill upon a like application to some other 
Religious incorporate Society, they shall produce a Cer- 
tificate that they are admitted as Members thereof, & that 
they have paid their proportion of all monies raised in the 
Society which they are desirous of leaving, which was 
voted previous to their producing such Certificate. 

Appi-oved June 17, 1796. 



Preamble. 



Persona 
incorporated. 



1796.— Chapter 19. 

[May Session, ch. 17.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE PUR- 
POSE OF BUILDING A BRIDGE OVER ACUISHNET RIVER IN 
THE TOWN OF NEW BEDFORD. 

WJiei'eas William Rotch & others have petitioned this 
Court to be incorporated for the purpose of building a 
Bridge over Acuishnet River in the Town of New Bedford; 
& it appears that a Bridge over the said River will be of 
'public utility : 

Be it Enacted by the Senate <& House of Representa- 
tives in General Court assembled and by the authority of 
the same, that William Rotch, William Rotch junr. Thomas 
Rotch, Thomas Hazard, Edward Pope and John Rowland 
be and they are hereby constituted a Corporation & Body 
Politic for the purpose of building & supporting a bridge 
over said River, so long as they shall continue to be pro- 
prietors in the fund to be raised for that purpose, together 
with all those who are or shall hereafter become proprie- 
tors of the said Fund, under the name of The Proprietors 
of New-Bedford-Bridge ; and by that name may sue & 
prosecute & be sued & prosecuted to final Judgement and 
Execution ; & do and sufier all matters & things which 
bodies politic may & ought to do and sufifer ; & that said 
Corporation shall & may have full power and authority to 
make, have & use a common Seal, & the same to break & 
alter at pleasure. 



Acts, 1796. — Chapter 19. 47 

And be it further Enacted^ that Edward Pope Esqr. be Mode of caiung 
and he hereby is directed to issue his Warrant directed to ^ ™®®''°^* 
some principal Inhabitant of said New Bedford whenever 
ten or more of said Proprietors shall request the same, to 
warn or call a meeting of the said Proprietors, to be holden 
at New Bedford aforesaid, by posting up Notifications in 
the usual public places in said Town, or by advertizing 
the same in the Medley or Marine Journal of said New 
Bedford, at least seven days previous to said meeting. 
And the said Proprietors, by a vote of a majority of those 
present, or represented at said Meeting, (accounting & 
allowing a vote to each share, p7'oz;i6?e J that no Proprietor 
shall be allowed more than twenty votes) shall choose a 
Clerk, who shall be duly sworn to the faithful discharge 
of his Office, and also shall agree on a method for calling 
future meetings, & at the same or any subsequent Meet- 
ing, may make & establish any rules & regulations, that 
shall be necessary or convenient for regulating the said 
Corporation, effecting, completing and executing the pur- 
poses aforesaid, or for collecting the Toll herein after 
granted ; & the same rules & regulations may cause to be 
kept & executed, or for the breach thereof, may order and 
enjoin fines & penalties not exceeding Ten Dollars ; pro- Proviso. 
vided the rules & regulations aforesaid, are not repugnant 
to the Constitution or Laws of this Commonwealth. And 
the said proprietors may also choose & appoint any other 
Officer or Officers of the Corporation that they may deem 
necessary ; & all representations at the said meetings, shall 
be proved by a special appoint[i]ment in writing, signed by 
the person making the same, which shall be filed with or 
recorded by the Clerk. And this Act and all rules and 
regulations & votes of said Corporation shall be fairly & 
truly recorded by the Clerk in a Book or Books to be kept 
for that purpose. 

And he it further Enacted, that for the purpose of reim- atoii 
bursingthe said proprietors, the monies by them expended, 
or that may hereafter be expended in building & support- 
ing said Bridge, a toll is hereby granted and established 
for the sole benefit of said Proprietors, according to the 
rates following ; that is to say ; for each foot passenger, six Rateof toh. 
cents ; for each person and horse, twelve cents ; for each 
Chaise or Sulkey twenty five cents ; for each Sleigh, drawn 
by one Horse, eighteen cents ; if drawn by more than one, 
six cents for each additional horse ; for each Coach, Phreton, 



48 



Acts, 1796. — Chapter 19. 



Proviso. 



Exemptions 
from Toll. 



How to be built. 



Where to be 
erected. 



Curricle, or four wheeled carriage for passengers, thirty 
six Cents ; for each Cart or Waggon, Sled or other Car- 
riage of burthen, drawn by two beasts, twenty live cents, 
& for each additional beast in the same team, six cents ; 
For each wheelbarrow, or hand cart, capable of carrying 
a like weight six cents ; for neat cattle six cents each ; — 
horses, other than those rode on, or which are in carriages 
or teams, six cents ; for sheep and swine, at the rate of six 
cents, for each dozen ; and but one person shall be allowed 
as a driver for one team. And at all times, when the toll 
getherer shall not attend his duty, the gate or gates shall 
be left open. And the toll shall commence on the day of 
opening said bridge for passengers, and shall continue for 
the benifet of said corporation forever, j^'^'ovided that after 
the term of thirty years, the rate of toll shall be subject 
to the regulations of the Legislature. 

And be it further enacted, that no toll shall be required 
of those who have occasion to pass said bridge on, the 
Lord's day, in order to attend public worship : nor of 
children crossing the said bridge, on either side of the 
river in said Town, in going to or from school. 

And he it further enacted, that said bridge shall be 
well built, at least twenty four feet wide of good and suita- 
ble materials, and be covered with plank, or tim1>er suita- 
ble for such a bridge, with sufficient rails on each side, for 
the safety of passengers. And the same shall be kept at 
all times in good, safe and passable repair. And the pro- 
prietors, at the place or places where the toll shall be re- 
ceived shall erect and keep constantly exposed to view a 
sign or board with the rates of toll of all tollable articles 
fairly and legibly written thereon. 

And be it further enacted, that the said bridge shall be 
erected and placed as follows ; to wit ; beginning at the 
west side of said Acuishnet River at a place, called Smith's 
point at the east end of middle street in the village of Bed- 
ford, in said town of New Bedford, and from thence run- 
ning to Fish Island — crossing the said Island and from 
thence to Edward Pope's Island, and crossing that Island 
directly on to the east side of said Acuishnet River, land- 
ing between the village of Fair Haven and Oxford in said 
town of New Bedford, with two suitable draws which shall 
be at least thirty feet wide — one the west side of said river 
in the channel way, & the other on the east side in the 
most suitable place on that side of Said river ; which draws 



Acts, 1796. — Chapters 20, 21. 49 

shall at all times, when the said Bridge is finished, be 
opened when requested, for Vessells which may have occa- 
sion to pass them. 

And be it further enacted that if the said proprietors Bridge to be 
shall neglect for the space of six years from the passing years!" ^^^ 
this Act to build the said Bridge, then this Act shall 
be void and of no effect. Ajijjroved June 17, 1796. 

1796. — Chapter 20. 

[May Session, ch. 18.] 

AN ACT TO SET OFF SAMUEL HAMMOND & OTHERS WITH THEIR 
ESTATES FROM THE SECOND OR NORTHERLY PARISH IN KIT- 
TERY AND TO ANNEX THEM TO THE THIRD OR MIDDLE 
PARISH IN SAID TOWN. 

Be it ena\^c]tedhy the Senate <& house of Representatives 
in General Court assembled and by the Authority of the 
same. That Samuel Hammond Nathl. Hanson William Persons set off. 
Harvey, John Cutts, John Rogers Saml. Leighton & 
Saml. Leighton junr. of Kittery in the County of York, 
and their Estates, be & are hereby set oif from the second 
or Northerly Parish in said Town of Kittery & annexed to 
the third or middle parish in said Town there to enjoy the 
Priviledges of the said third or middle Parish & to pay 
their proportion of all necessary charges that may arise 
therein. 

Provided Nevertheless, & be it further enacted that the Proviso, 
said Samuel Hammond Nathl. Hanson, William Harvey, 
John Cutts, John Rogers, Samuel Leighton & Samuel 
Leighton junr. shall be holden to pay their just propor- 
tion of all taxes now assessed or granted by said second 
or Northerly parish. Approved June 17, 1796. 

1796. — Chapter 31. 

[May Session, ch. 19.] 

AN ACT IN ADDITION TO AN ACT ENTITLED, AN ACT TO RE- 
PEAL ALL LAWS OF THIS COMMONWEALTH, IMPOSING DUTIES 
AND EXCISE ON CARRIAGES, AND INFLICTING PENALTIES 
FOR SELLING WINES & 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 and by the authority of 
the same. That the Act entitled, "An Act for the due certainEscise 
regulation of licensed houses" and all and singular the penaitkaln '"'^ 

force. 



50 



Acts, 1796. — Chapter 22. 



Proviso. 



restrictions, rules & penalties thereby established, except- 
ing as to the recognizances required for the payment of 
duties on Excise, shall be construed to be in full force ; 
and every Seller of wine, beer, ale, cyder, brandy, rum or 
any strong liquors, by retail, not licensed by the Justices 
of the Peace of the same County where such person lives, 
accordino^ to the reaulations of the same Act, shall be liable 
to the penalties, & upon due conviction, may suffer as 
therein is provided and declared ; any thing in the said 
Act of repeal, to which this is in addition, to the contrary 
hereof notwithstanding. 

Provided and be it further Enacted^ that this act shall 
not be used or construed in support of any prosecution 
for any penalty established by the said Act for the due 
regulation of licensed houses, & supposed to be incurred 
since the said Act of Hepeal, and before the next license 
term of the Court of General Sessions of the Peace which 
shall l)e hereafter holden in the County where the Offence 
shall be alledged. Approved June 17, 1796. 



Persons 
incorporated. 



Mode of calling 
meetings. 



1796. — Chapter 22. 

[May Session, ch. 20.] 

AN ACT TO INCORPOIIATE DANIEL WELLS & OTHERS PRO- 
PRIETORS OF THE AQUEDUCT IN GREENFIELD. 

1. Be it Enacted hy the Senate & House of Represent- 
atives in General Court assembled and, by the Authority 
of the same, That Daniel Wells, Eliel Gilbert, Jonathan 
Leavitt, Abner Smead, & William Colman, all of Green- 
field in the County of Hampshire, & such other persons 
as are or may be associated with them, be, and they & 
their Successors hereby are constituted a Corporation by 
the name of " the Proprietors of the Aqueduct in Green- 
field " for the purpose of conveying water by subterraneous 
pipes into the Town Street in Greenfield. 

2. And be it further Enacted, that any three of the 
persons above named, may by notifications to be posted 
at the respective Houses of Calvin Mun, & Elisha Wells, 
Inholders in said Greenfield, call a meeting of the said pro- 
prietors to be holden at said Calvin Mun's, on any suitable 
time, seven days at least after the i)osting of such notifi- 
cations. And the said proprietors by a major vote of 
those present, or represented as is herein after provided, 
at said meeting, accounting one vote to each share, shall 



Acts, 1796. — Chapter 22. 51 

choo8e a Clerk, agree upon the mode of calling future 
meetings, of the said Proprietors ; & may also elect any 
other Officers which to them may seem necessary for 
carrying into ellect the object of their Incorporation. 
And the said proprietors at the same or any subsequent 
meeting of the Corporation, may enjoin & order fines & 
penalties for the breach of any bye laws, not exceeding 
Thirteen dollars for any one breach. And all persons 
appearing at any of said meetings, to represent any of the 
said Proprietors, shall have therefor an appointment in 
writing signed by the Person to be so represented, which 
shall be recorded by the Clerk of the Corporation, whose Duty of the 
duty it shall be fairly & truly to enter and record in a 
book or books to be kept for that purpose, this act and 
all the rules & bye laws, votes & proceedings of the said 
Corporation ; which book & books shall at all times be 
subject to the inspection of any person or persons for that 
purpose appointed by the Legislature. And the Clerks 
of said Corporation shall be sworn by a Justice of the 
peace of the said County of Hampshire to the faithful 
discharge of the duties of their office. 

3. £e it further Enacted^ That the said Proprietors be 
and they hereby are authorized to enter upon & dig up 
any high way or town way for the purpose of placing such 
pipes as may be necessary to complete said Aqueduct, or 
of repairing the same : provided that they do not thereby Proviso, 
impede the passing of Travellers ; & the said Proprietors 
may also enter & dig up if necessary, for the purpose 
aforesaid the Ground of any Individual, paying him a 
reasonable compensation for any damage he may sustain 
thereby ; & if the parties cannot agree to estimate the 
same or to have the same ascertained by disinterested 
persons by the parties mutually chosen, for that purpose, 
then such damage as a Committee of three disinterested 
freeholders to be appointed by the Court of Common 
pleas for said County of Hampshire for such purpose as a 
major part of them may stward ; & upon any such award, 
returned to said Court, the Justices thereof may enter 
up Judgement for such damages & Costs & issue Execu- 
tion for the same against the said Proprietors as in com- 
mon cases. 

Provided nevertheless that any person dis[s]atisfied with Damages to 
such award, may on application to the said Court have byjury.^' 
his damages ascertained by a Jury, the additional costs 



52 



Acts, 1796. — Chapter 23. 



Shares to be 
liable to 
attachment. 



Penalty for 

injuring 

Aqueduct. 



of which shall be paid by said Proprietors if such Jury 
shall find a Verdict for a larger sum than was awarded by 
such Committee. 

4. And be it further enacted that any share or shares 
in said property shall be liable to attatchment on mesne 
process, & such attatchment shall be made by leaving an 
attested Copy of such process with the proprietor's Clerk 
at the time of such attatchment, & such share or shares 
may be sold on execution in the same manner as is or 
may be provided for the sale of personal property by 
execution, the Officer making the sale leaving a Copy of 
the execution & of his return on the same with the clerk 
of the proprietors, within ten days after such sale. 

5. £e it further enacted that any person wilfully 
injuring said aqueduct shall be subject to the same 
penalties as are provided in the 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, in the year of our Lord One thousand 
seven hundred & Eighty five, & shall also be liable to 
make good all damages so done, to the said proprietors. 

Approved June 17, 1796. 



Preamble. 



Removal of 
poor Persons. 



1796. — Chapter 23. 

[May Session, ch. 21.] 

AN ACT SPECIALLY PROVIDING FOR THE REMOVAL OF POOR 
PERSONS FROM THE DISTRICT OF MARSHPEE, WHO HAVE NO 
LEGAL SETTLEMENT THERE. 

WJiereas the Inhabitants of Marshpee a7'e mostly In- 
dians, Negroes, and Midattoes people incapable of Trans^ 
acting the business of a corporation, or of talcing due care 
of tJiemselves or estates ; where-by many vagrant stroling 
and poor people intrude and shelter themselves there, to the 
injury of the rightful inhabitants, and the general law for 
removing the poor is inapplicable to their circumstances. 

Be it therefore enacted by the Senate and house of Repre- 
sentatives in General Court Assembled a7ul by the Authority 
of the same, that whenever it shall appear to the board of 
overseers of the district of Marshpee, that any person is 
resident in Marshpee who hath no legal settlement there, 
the said Overseers may (if they shall judge it expedient) 
order any guardian of the inhabitants of Marshpee, forth- 
with to cause any person resident as aforesaid to be 



Acts, 1796. — Chapter 24. 53 



'J 

removed to the town, district or plantation where he or 
they may belong or last resided ; — and also to prosecute 
fur and recover reasonable damages & costs of any town 
district or plantation to which such poor person belonged 
if removed thereto ; and the said guardian in such case is 
hereby invested with like Authority as overseers of the 
poor are invested in cases of removal of poor persons : 
and the said guardian, all courts, justices, and officers, 
shall proceed in like manner as in other processes for 
removall of the poor. Mutatis Mutandis, and the said 
Board of overseers shall be Answerable for costs where 
judgment may be given against them as towns are answer- 
able, to be paid out of the funds of the said Board. 

Approved June 17, 1796. 

1796— Chapter 24. 

[May Session, ch. 22.] 

AN ACT FOE, INCORPORATING CERTAIN PERSONS FOR THE PUR- 
POSE OF BUILDING A BRIDGE OVER CONNECTICUTT RIVER IN 
THE COUNTY OF HAMPSHIRE & FOR SUPPORTING THE SAME. 

Whereas the erecting a Bridge over Connecticutt river Preamble. 
hetioeen the towns of Greenfield & Montague at a place 
called Coss's Island ivill be of great public utility ; & 
lohereas Jonathan Leavitt & Eliel Gilbert have jji'esented 
a petition to this Court, setting forth that they with divers 
other persons to be associated with them are willing to un- 
dertake the same & praying to be incorporated for that 
purpose. 

Be it therefore enacted by the Senate and house of Rep- 
resentatives in General Court assembled, & by the Author- 
ity of the same that Jonathan Leavitt, Eliel Gilbert & Persons 

■i -i . '11 1 Incorporated. 

such other persons as shall associate with them, be & they 
hereby are constituted a corporation, for the purpose 
aforesaid by the name of the })roprietors of connecticutt 
river Brido;e. 

And be it further ena\_c]ted that the said Jonathan Mode of caiung 
Leavitt, & Eliel Gilbert may by advertisement in the Green- " «®*'°8- 
field Gazette warn, or call a meeting of the said Proprietors, 
to be holden at any suitable time & place, after five days, 
from the first publication of said advertisement : And the 
proprietors by a vote of the majority of those present or 
represented at said meeting (accounting & allowing one 
vote to each single share in all cas[s]es,^roi;t(ZecZ however 



54 



Acts, 1796. — Chapter 24. 



Clerk to be 
chosen. 



Bridge to be 
erected. 



How to be built. 



A Toll 
established. 



Rate of Toll. 



that no one proprietor shall be allowed more than ten votes) . 
shall choose a clerk who shall be sworn to the faithful dis- 
charge of his OiSce, & shall also agree on a method of 
calling future meetings ; & the said proprietors may at 
the same or any future meeting enjoin a penalty or 
penalties for the breach of any of their bye laws, jwovided 
such penalty shall not exceed the sum of ten Dollars. 
And no person shall appear at such meetings as the rep- 
resentative of another, without producing a writing for 
that purpose signed by the person represented, which 
writing shall be filed with the Clerk. And this Act & 
all bye laws regulations & proceedings of the said corpo- 
ration shall be fairly, and traely recorded by the Clerk, in 
a book to be provided, and kept for that purpose. 

And he it further Enacted^ that the said proprietors be 
and they hereby are permitted & authorized to Erect a 
Bridge over Connecticut River, in the County of Hamp- 
shire from the Western shore north of Deertield river to 
Coss's Island, & from thence to Montague in said County. 

And he it further Enacted^ that said Bridge shall be at 
least twenty five feet wide ; & that said Bridge be covered 
with plank or timber, & the sides shall be boarded or 
railed up at least four feet high for the security of Pas- 
sengers. 

And he itfurthef Enacted, that for reimbursing the Said 
Proprietors the money by them to be expended in build- 
ing and supporting the said Bridge, a Toll be, & hereby 
is granted and established for the sole benefit of the said 
Proprietors according to the rates following, vizt. for each 
foot passenger two Cents ; for each horse & rider six 
cents ; for each horse & chaise, chair or sulkey, twelve & 
an half cents, for each Coach or other four wheel carriage 
for passengers, twenty five Cents ; for each Curricle seven- 
teen cents, for each cart, sled or other carriage or riding 
sleigh drawn by one beast, twelve & an half cents ; for 
each waggon, cart, sled sleigh or other Carriage of burthen 
drawn by two beasts, seventeen cents ; & for every addi- 
tional beast three cents ; for horses or neat Cattle exclu- 
sive of those rode, or in Carriages three cents each; for 
sheep & swine, half a cent each ; & to each team, one 
person & no more shall be allowed as a driver free of Toll. 
And at all times when the Toll-Gatherer shall neglect his 
duty, the gate or gates shall be left open ; And the said 
Toll shall commence on the day of the first opening of the 



Acts, 1796. — Chapter 25. 55 

said Bridge for passengers. Provided that the Legislu- Proviso, 
ture shall have a riglit after thirty years, to regulate the 
same. 

And be it farther Unacted that if the said proprietors To be buiit 
shall neglect for the space of four years from the first day J'ears? 
of May next to build the said bridge, then this Act shall 
become void. Approved June 18, 1796. - 

1796. — Chapter 25. 

[May Session, ch. 23.] 

AN ACT TO CEDE TO THE UNITED STATES THE JURISDICTION OF 
THE TRACTS OF LAND, WHICH SHALL BE REQUIRED FOR THE 
LIGHT HOUSES, AUTHORISED BY CONGRESS TO BE ERECTED 
UPON BAKER'S ISLAND AND CAPE COD. 

Be it enacted by the Senate cC* house of Representatives 
in general Court Assembled, & by the Authority of the 
same, that the United States of America may purchase or Lands ceded, 
take as hereinafter is provided, any tracts of Land which 
shall be found necessary & convenient for the Lighthouses 
authorized by Congress to be erected upon Baker's Island, 
& upon Cape Cod, within this Commonwealth, & during 
the continuance of the Use & appropriation aforesaid, The 
jurisdiction of such tracts of land, not exceeding the 
quantity of ten Acres for each Lighthouse ; shall be, & 
hereby is, ceded to, & shall be in, the said United States ; 
saving c& provided allways that all civil & criminal proc- 
esses issued under the Authority, or by any Officers of 
this Commonwealth, shall have full force & effect within 
the said Tracts of laud. And any buildings which shall be 
there erected, this Cession of Jurisdiction notwithstanding. 

And be it further Enacted that if the Agent or person Differences 
employed for the United States, & the Owner or Owners ^/landT-tow 
of any Tract or Tracts of Land which shall be found nee- ^° ^^ adjusted. 
essary & convenient for the said Light Houses, cannot 
agree in a sale & purchase thereof such Agent or person em- 
ployed may apply to any Court of General Sessions of the 
Peace which shall be holden within & for the County 
wherein such land lies, who shall & may appoint a Com- 
mittee, of three freeholders, impartial men, to determine 
a just equivalent to the Owner or Owners of such land, 
which Committee shall be sworn before some Justice of 
the Peace for the faithful discharge of their Trust ; & shall 
forthwith proceed^o view, set ofi" & appraise such Tract or 



56 



Acts, 1796. — Chapter 26. 



Provisos. 



Tracts of Land ; and shall make return of their doings to 
the same Court ; & which award & return being accepted 
by the Court & the amount of such appraisement being 
paid to the Owner or Owners of the Land appraised & set 
ofl* by such Committee or, if the Owner or Owners shall 
not appear or shall refuse to receive the same, to such 
person or Corporation for the use of the Owner or Owners, 
as the same Court shall order, the Tract or Tracts of land 
so appraised & set oft\ shall be vested in the United States 
and shall & may be taken, possessed & appropriated for 
the purposes aforesaid. Provided that all charges of such 
application & appraisement shall be paid by the United 
States ; and Provided that the land which may be set ofi" 
for the purposes of this Act, shall not exceed the quantity 
of ten acres in the whole for each Light House, including 
and reckoning therewith, any Land purchased for the same. 

Approved June, 18^ 1796. 



Preamble. 



Court when to 
be holden. 



1796. — Chapter 36. 

[November SeBsion, ch. 2.] 

AN ACT PROVIDING FOR THE HOLDING OF A COURT OF COM- 
MON PLEAS, WITHIN AND FOR THE COUNTY OF ESSEX, TO 
PREVENT A FAILURE OF JUSTICE IN THAT COUNTY. 

W7iereas the Court of Common Pleas which by Lmo was 
to ho.ve been holden at Neivbury Port, within and for the 
County of Essex, on the first Tuesday of October, in the 
Year of our Lord, one thousand, seven hundred and ninety 
six, ivas not holden at that time, nor adjourned by procla- 
mation to any future time, by reason that there were not 
two Justices of the said Court jwesent at the said time and 
place for holding the same, whereby all the suits and mat- 
ters pending in the same Court, either by continuance or on 
original p)rocess returnable thereto will be deemed and taken 
to be discontinued, without some provision is made therefor 
by Law : — Therefore 

Be it Enacted by the Senate & House of Representa- 
tives in General Court assembled & by the authority of the 
same, that the Court of Common Pleas, which by law was 
to have been holden at Newbury Port within & for the 
County of Essex on the first Tuesday of October in the 
Year of Our Lord, one thousand, seven hundred & ninety 
six shall and may be holden at Newbury Port within & for 
the same County, on the first Tuesday^ of January which 



Acts, 1796. — Chapters 27, 28. 57 

will be in the Year of Our Lord one thousand, seven hun- 
dred and ninety seven, and shall have the same powers 
and Jurisdiction in all causes and matters, and all attach- 
ments made and bail given shall continue & have the same 
effect, and all returns shall be made, and all Officers, 
Jurors, Parties & Witnesses, shall attend in the same 
manner, as if the said Court had been duly and legally 
adjourned by proclamation from the first Tuesday of 
October aforesaid, to the first Tuesday of January afore- 
said ; any law, usage or custom to the contrary, notwith- 
standing. 

Provided nevertheless, that all appeals which may be Proviso. 
made from any Judgments rendered at the same Court to 
be holden as aforesaid, shall be made to the Supreme Judi- 
cial Court then next to be holden within & for the same 
County. And the Secretary is directed to cause this Act 
forthwith to be published in the Mercury, printed at Bos- 
ton, and in the several Newspapers printed in the County 
of Essex. Approved November 22, 1796. 

1796. — Chapter 27. 

[November Session, ch. 3.] 
AN ACT TO ALTER THE NAME OF SAMUEL HEIVES. 

Be it Unacted hy the Senate and House of Representa- 
tives in General Court asse?nbled and hy the authority 
of the same, That from the passing of this Act, Samuel Name altered. 
Hewes of Boston in the County of Suffolk, Merchant, son 
of Samuel Hewes, late of said Boston deceased, be and he 
hereby is authorized to take and use the Name of Samuel 
Hill Hewes, and that he be called and known by that name 
at all times hereafter. Approved November 24, 1796. 

1796. — Chapter 38. 

[November Session, ch. 4.] 

AN ACT TO INCORPORATE JOHN BACON AND OTHERS FOR THE 
PURPOSES THEREIN MENTIONED. 

Be it Enacted hy the Senate & House of Representa- 
tives in General Court assemhled, and hy the authority 
of the same. That John Bacon, Daniel Rathbun, Jona- Persons 
than Holly, Daniel Hall, Jabez Brooks, Samuel Dewey, '""^ ""^ "^"^ * 
Nathaniel Reddington, Thomas Becker, John Bacon junr. 
and Cyprian Branch, all of Richmond in the County of 



58 



Acts, 1796. — Chapter 28. 



First Meeting. 



Clerk. 



Fines. 



Proxies. 



High Ways 
may be dug up. 



Berkshire, and such other persons as are or may he asso- 
ciated with them be, and they & their Successors hereby 
are constituted a Corporation by the name of the Proprie- 
tors of the Aqueduct in Richmond for the purpose of con- 
veying water by pipes into such parts of the said Town of 
Richmond as they may judge expedient ; provided hoivever', 
that nothing in this Act contained shall authorize said Cor- 
poration to enter upon or use for that purpose the land of 
any Person without license therefor first had of the Pro- 
prietors of such land. 

£e it further Enacted, that any three of the persons 
above named may, by notifications to be posted at the 
respective dwelling Houses of Daniel Rathbun & Thomas 
Becker in said Richmond, call a meeting of the said pro- 
prietors to be holden in said Richmond at an^^ suitable 
time, seven days at least after posting such Notitications. 
And the said Proprietors, by a major vote of those present 
or represented as is herein after provided at said Meeting, 
accounting one vote to each share, shall choose a Clerk, 
agree upon the mode of calling future meetings of the said 
Proprietors, and may also elect any other officers which to 
them may seem necessary for carrying into effect the object 
of their Incorporation. And the said proprietors, at the 
same or any subsequent me[e]ting of the Corporation, may 
enjoin and order fines & penalties for the breach of any 
of their rules & bye laws, not exceeding thirteen Dollars 
for any one breach. And all persons appearing at any of 
said meetings to represent any of the said proprietors, shall 
have therefor an appointment in writing signed by the per- 
son to be so represented, which shall be filed with or re- 
corded by the Clerk of the Corporation, whose duty it 
shall be fairly & truly to enter & record in a book or books 
to be for that purpose provided & kept, this Act and all 
the rules & bye laws, votes & proceedings of the said Cor- 
poration : which book & books shall at all times be subject 
to the inspection of any person or persons for that purpose 
appointed by the Legislature. And the Clerks of the said 
Corporation shall be sworn by a Justice of the Peace of the 
said County of Berkshire, to the faithful discharge of the 
duties of their office. 

Be it further Enacted that the said Proprietors be and 
they hereby are authorized to enter on & dig up any high 
way or town road, for the purpose of placing such pipes 
as may be necessary to complete said Aqueduct or of re- 



Acts, 1796. — Chapter 29. 59 

pairing the same when requisite : pi'ovided they in no case 
obstruct the passing of such persons as may have occasion 
to use such road or highway. 

Be it farther Unacted, that the mode of transferring to transfer 
shares in said corporate property, shall be by deed ac- 
knowledged before a Justice of the Peace and recorded by 
the Clerk of said Proprietors in a Book to be kept for that 
purpose. And when any share or shares in said property in case of 
shall be attached on mesne process, an attested Copy of 
such process shall at the time of the attachment, be left 
with the Proprietor's Clerk : otherwise such attachment 
shall be void. And such shares may be sold on execution 
in the same manner as is or may be by Law provided for 
the sale of personal property by execution ; the Officer 
making the sale, leaving an attested Copy of the Execu- 
tion & of his return thereon, with the Clerk of the Pro- 
prietors, within ten days after such sale. 

Be it Jurther Enacted, that any person injuring said P^u^ln ''^ ^""^ 
Aqueduct, shall be subject to the same penalties as are Aqueduct. 
provided in the second Section of the Act entitled, "An 
Act for the more eiFectually preventing of Trespasses in 
divers cases," passed the twenty third day of November, 
in the Year of our Lord one thousand, seven hundred & 
eighty-five ; and shall also be liable to make good all dam- 
ages so done to the said Proprietors. 

Approved November 24, 1796. 



1796. — Chapter 29. 

[November Session, ch. 6.] 

AN ACT FOR INCORPORATING A RELIGIOUS SOCIETY IN NEW- 
BURY PORT IN THE COUNTY OF ESSEX. 

Be it enacted hytlie Senate and House of Representatives 
in General Court Assembled, and by the Authority of the 
same, that such of the Inhabitants of Newbury Port in the |«<^°"'^j ^^^^ 
County of Essex as have lately formed themselves into a society incor- 
religious Society, and erected a house of Public Worship ^°^^^^ 
in said Newbury Port and do now usually attend the Public 
worship of God, and the instructions of the Kevd. John 
Boddily their Minister in said house be and hereby are 
made and declared to be a body corporate and politic for- 
ever, by the name of the second Presbyterian Society in 
Newbury Port, and that they as also the proprietors of 



60 



Acts, 1796. — Chapter 30. 



said House of Public worship be and they hereby are 
severally and respectively vested with all the powers, 
rights and priveleges granted to the third and fourth Re- 
ligious Societies in said Town, and to the proprietors of 
their houses of Public worship respectively, in and by an 
Act of this Commonwealth, made and passed in the year 
of our Lord one thousand seven hundred & ninety four, 
intitled " an Act for incorporating the several religious 
Societies in Newbury Port in the County of Essex " and 
said Act so far as it respects the said third and fourth re- 
ligious Societies is hereby declared to extend, and shall be 
considered as extending, to, and comprehending the Re- 
ligious Society hereby incorporated, and the proprietors 
of the House in which they attend public worship as afore- 
said, as fully to all intents and purposes as if they had 
been formed and existing when said Act was passed, and 
had been therein named, and thereby incorporated. 

Approved November 24, 1796. 



Preamble. 



Courtg when 
to be holden. 



1796. — Chapter 30. 

[November Session, ch. 7.] 

AN ACT TO ALTER THE TIME OF HOLDING THE COURTS OF COM- 
MON PLEAS AND GENERAL SESSIONS OF THE PEACE NOW BY 
LAW HOLDEN AT PORTLAND WITHIN AND FOR THE COUNTY 
OF CUMBERLAND ON THE LAST TUESDAY OF MAY, TO THE 
LAST TUESDAY OF APRIL. 

Whereas divers inconveniences attend the holding of 
the said Courts on the said last Tuesday of May^ and the 
Justices of the Court of General Sessions of the peace have 
l^etitioned this Court to alter 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 the Court of General Sessions of the peace, 
and the Court of Common Pleas which by law are now 
appointed to be holden at Portland within and for the 
County of Cumberland on the last Tuesday of May an- 
nually, shall hereafter be holden at said Portland within 
and for the said County of Cumberland on the last Tues- 
of April annually any law to the Contrary notwithstand- 
ing. Approved November 24, 1796. 



Acts, 1796. — Chapter 31. 61 



1796 —Chapter 31. 

[November Session, ch. 5.] 

AN ACT IN ADDITION TO AND FOR AMENDMENT OF THE ACT, 
PASSED THE ELEVENTH DAY OF JUNE ONE THOUSAND, SEVEN 
HUNDRED AND NINETY SIX, ESTABLISHING THE FIRST MAS- 
SACHUSETTS TURNPIKE CORPORATION. 

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 aforesaid passed the clause repealed. 
eleventh day of June one thousand seven hundred and 
ninety six requiring the Turnpike road mentioned in said 
Act to be thirty feet wide in every part of it so far as re- 
spects the width of said road, be and the same is hereby 
repealed. 

A.nd be it further Enacted by the authority aforesaid, 
that the same Turnpike Eoad shall be laid out & made by width of road. 
the Corporation of sufficient width in every part of it for 
the accommodation of the Public, and that the open unin- 
closed Ground shall be at least three rods wide throughout 
the whole length of it, and the made way & path for Travel- 
ling shall be of sufficient width and not less than eighteen 
Feet wide in any part thereof. — And whereas no pro- 
vision is made in said Act to enforce the payment of such 
Taxes as the Corporation shall agree to raise for making &, 
repairing said road and other necessary charges ; 

Be it further Enacted, that whenever any Proprietor shares may be 
shall neglect or refuse to pay any Tax or Assessment duly ^°''^' 
voted and agreed upon by the Corporation, to their Treas- 
urer within sixty days after the time set for the payment 
thereof, the Treasurer of said Corporation is hereby au- 
thorized to sell at public Vendue the share or shares of 
such delinquent proprietor, one or more, as shall be suffi- 
cient to defray said Taxes & the necessary incidental 
charges, after duly notifying in the Springfield, North- 
hampton & Worcester Newspapers, the sum due on any 
such shares, & the time & place of sale, at least Twenty 
days previous to the time of sale, and such sale shall be a 
sufficient Transfer of the share or shares so sold, to the 
person purchasing, & on producing a Certificate of such 
sale from the Treasurer to the Clerk of said Corporation, 
the name of such Purchaser Avith the number of shares so 
sold, shall be by the Clerk entered on the Books of said 



62 Acts, 1796. — Chapter 32. 

Corporation, & such Purchaser shall be considered to all 
intents & purposes the proprietor thereof, & the overplus, 
if any there be, shall be paid on demand by the Treasurer 
to the Person whose shares were thus sold. 

Ajjproved November 25, 1 796. 

1796— Chapter 33. 

[November Session, ch. 8.] 

AN ACT FOR REGULATING HACKNEY CARRIAGES IN THE TOWN 
OF BOSTON AND TO REPEAL AN ACT HERETOFORE MADE 
FOR THAT PURPOSE. 

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

Carriages to Same, That no person or persons shall be permitted to set 
e icense . ^^ ^^ employ any Coach, Chariot Coachee or other Car- 
riage in the Town of Boston for the purpose of conveying 
persons for hire untill the Owner thereof shall obtain a 
licence for that purpose in writing from the major part of 
the Selectmen of said Town, which licence shall be & re- 
main in full force for one year from the date of it, unless 
sooner revoked or annulled by said Selectmen or a major 
part of them ; and the said Selectmen are hereby author- 
ized to grant licences for such number of Hackney Coaches 
& Carriages & to make such rules and regulations for the 
standing of said Carriages in the diflerent Streets of said 
Town as they shall judge proper, & the same to change & 
vary as occasion may require. 

To be numbered And be it further Enacted that the selectmen of said 
town be and they are hereby authorized and directed to 
cause all such Hackne}' Carriages to be numbered and 
registered in a Book to be kept by the Town Clerk for 
that purpose, & the number of each Carriage shall be fixed 
upon the same in such conspicuous place or places as the 
said Selectmen shall direct ; and the fees for each license 
to be paid by the person receiving the same, shall be One 
Dollar. 

Penalty for And be it farther Enacted, that any Person who shall 

using unlicensed , tt i r^ • c J^ /• 

Carriages. sct up Or usc any Hackncy Carriage tor the purpose atore- 
said, without having obtained a license from the said 
Selectmen, or who having obtained such license, shall con- 
tinue to keep & use such Carriage after the same licence 
shall be revoked, annulled or become void according to 
this Act, shall forfeit and })ay for every time such Carriage 



Acts, 1796. — Chapter 32. 63 

shall be used, a sum not exceeding four dollars. And every 
such Hackney Carriage that shall be found standing or 
plying in any Street or Highway contrary to the regula- 
tions of the said Selectmen, or without its number painted 
on it as aforesaid, or after the licence therefor shall have 
been revoked or annulled by the said Select men, or ex- 
pired by this Act, and before the same shall have been 
renewed, shall be considered as an unlicenced Carriage, & 
the Owner of the same shall be subjected to the like forfeit- 
ure as in the case of an unlicensed Carriage, for every 
such oflence. 

Aiid he it further Enacted, that the said Selectmen be & Licenses may 
hereby are authorized & empowered to revoke and annull 
any licence by them given as aforesaid, at any time they 
may think proper for the breach of any rules & regulations 
by them prescribed, or for any gross misbehaviour of the 
Driver in driving, in abusive language, or otherwise ; com- 
plaint having been previously made to them and they hav- 
ing heard the parties, or the owner after reasonable notice, 
making default of appearance to answer thereto. 

And he it further enacted that the person in whose name Persons taking 

1. 'J.! j_ r 11 • c • -\ licenses to be 

a licence is taken out tor any hackney carnage, as atoresaid considered as 
shall for all the purposes of this act, be considered as the °^°®''^- 
owner of the same and liable to all forfeitures and penal- 
ties herein contained, unless upon the Sale of his carriage 
notice be given thereof and the licence delivered up to the 
Selectmen ; and the publications of the rules and regula- 
tions of said Selectmen and of the annullino- and revokino- 
any licence as aforesaid m the newspaper printed by the 
printer for the Commonwealth for the time being, shall be 
deemed and taken to all intents and purposes as sufficient 
notice of the same to all such owners of carriao;es as afore- 
said. 

And he it further enacted, that a Major part of the Select- fstrbiiTrra\°es - 
men be authorized and empow^ered to make such rules & —de- 
regulations establishing the rates and prices to be paid for 
the carriage and conveyance of persons in said hackney 
coaches within the limits of the Town of Boston as they 
may from time to time judge reasonable, regard being had 
to the time and distance : — And if any owner or driver Penalty for 
of a hackney carriage shall demand and extort from any ^^''"^'*°°- 
person or persons a sum beyond the rates which may thus 
be established l)y the said Selectmen, the licence of such 
carriage, upon complaint made to the Selectmen as afore- 



64 



Acts, 1796. — Chapters 33, 34. 



Penalties to 
be recovered. 



Former Act 
repealed. 



said, after a due hearing may be forfeited and revoked, and 
the owner shall be further liable to refund the sum thus 
received and extorted to the party grieved. And all the 
penalties & forfeitures aforesaid shall be recovered in an 
action on the case before any Justice of the Peace of the 
County [o/*] Suffolk to the use of the person who shall sue 
for the same. 

And be it further enacted, that an Act for regulating 
hackney carriages in the ToAvn of Boston made & passed 
on the twenty third day of February in the year of our 
Lord One thousand seven hundred and ninety Six, be & 
the same hereby is repealed, excepting so far as the licences 
granted under the same Act shall continue and be in force, 
but subject to the conditions & limitations of this Act. 

Approved November 25, 1796. 



1796.— Chapter 33. 

[Xovember Session, ch. 9.] 

AN ACT ALTERING THE NAME OF WILLIAM WHITE, TO THE 
NAME OF WILLIAM CHARLES WHITE. 

Be it enacted by the Senate and House of Mepresenta- 
tives in General Court Assembled and by the Authority 
Name altered, of the Same, that from, and after the passing of this Act, 
William White of Boston in the County of Suffolk, Son 
of William White of said Boston Merchant, shall be & he 
hereby is authorized and impowered to take bear & Use 
the name of William Charles White, & shall be called and 
known by that name forever hereafter. 

Approved November 25, 1796. 



Preamble. 



1796. — Chapter 34. 

[January Session, ch. 1.] 

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO SET OFF 
SAMUEL HAMMOND &. OTHERS WITH THEIR ESTATES FROM 
THE SECOND OR NORTHERLY PARISH IN KITTERY & TO 
ANNEX THEM TO THE THIRD OR MIDDLE PARISH IN SAID 
TOWN " PASSED JUNE SEVENTEENTH, ONE THOUSAND SEVEN 
HUNDRED & NINETY-SIX. 

Whereas in the said Act, Nathaniel Hanscom one of the 
persons designed to be named in the said Act, is therein 
named & called by mistake, Nathaniel Hayison : — Be it 
therefore Enacted by the Senate & House of Representa- 
tives in General Court assembled & by the authority of 



Incorporated. 



Acts, 1796. — Chapter 35. 05 

the same, That the said Nathaniel Hanscom be & hereby n. Han«com 
is considered to be the same person named &, called ^^'^°^^^^^^- 
Nathaniel Hanson in the Act to which this is in addition. 

Approved February 7, 1797. 

1796. — Chapter 35. 

[January Session, ch. 2.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS BY THE NAME 
OF THE PROPRIETORS OF THE SOCIAL LIBRARY IN SALEM. 

Be it Enacted hy the Senate & House of Representa- 
tives in General Court assembled and by the AutJiority of 
the same. That Edward Augustus Holyoke, Jacob Ashton, Persona 
Joseph Hiller & Edward Pulling Esqrs. and their Asso- 
ciates, Proprietors of said Library, and all such as may 
hereafter become Proprietors of the same, be and they 
hereby are incorporated into a body Politic by the name 
of the Proprietors of the Social Library in Salem, with all 
the powers & privileges incident to Corporations ; & may May enjoin 
enjoin penalties of disfranchisement or fine, not exceeding p^"''"'^^- 
Seven Dollars for each oflence, & make purchases & receive 
subscriptions grants & donations of Real & Personal Estate, 
not exceedino; the sum of Seven thousand Dollars for the 
purpose of their association. 

And be it further Enacted by the authority aforesaid, 
that the said Society be, and they hereby are authorized offl°er^8.°^ 
to assemble at Salem aforesaid on the Wednesday next 
preceding the last Wednesday of May in every year, or 
on any other day said Proprietors shall appoint, to choose 
all such Ofiicers as may be found necessary for the orderly 
conducting the affairs of said Corporation, who shall con- 
tinue until others are chosen in their room. And that the vacancies. 
said Corporation may assemble as often as they agree for 
filling up any vacancies which may happen in said ofiices, 
and for transacting all other business excepting assessing 
& raising monies, which shall be done always at some 
annual meeting & at no other time ; at which meeting 
they shall vote all necessary sums for defraying the annual 
expence of preserving said Library & for enlarging the 
same : 

And that Edward Augustus Holyoke is hereby author- First meeting. 
ized & empowered to call a meeting of said Proprietors at 
such time & place as he may appoint, by notifying the same 
in the Salem Gazette, at which meeting they may enact 



66 



Acts, 1796. — Chapter 36. 



such bye laws & regulations and choose all such Officers 
as they may or can do at their said annual Meeting. 

Ajyj^rovecl February 7, 1797. 



Preamble. 



Former Toll 
repealed. 



New Toll 
established. 



1796. — Chapter 36. 

[January Session, ch. 3.] 

AN ACT IN FURTHER ADDITION TO AN ACT ENTITLED, "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 MARCH, ONE THOUSAND, SEVEN HUNDRED & NINETY 
THREE. 

WJiereas the Proprietors of The Haverhill Bridge have 
represented to this Court the great cost of building said 
Bridge and the inadequate compensation they derive from 
the j)resent Toll and praying for further provision to be 
made for them: 

Be it Enacted by the Senate & 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 
addition, establishing the rates of Toll, be and hereby is 
repealed : And that the following rates of Toll be and 
hereby are established, for the benefit of .said Proprietors, 
Vizt. For each foot Passenger, One Cent ; for each Horse 
& Rider, Four Cents & 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 Carriao;e of burden or ridino- Sleio;h drawn bv one 
beast. Ten Cents; for each Waggon, Cart, Sled or other 
Carriage of burden drawn by two beasts & not exceeding 
four, Twelve Cents & five Milles ; and 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. 
Twenty five Cents ; for each Curricle, Seventeen Cents ; 
for each Horse or Neat Cattle, exclusive of those rode on 
or in Carriages, Three Cents ; for Sheep or Swine, One 
Cent each. And to each team one person & 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 times when the Toll-Gatherer shall not attend his 
duty, the gate or gates shall be left open. 



Acts, 1796. — Chapters 37, 38. 67 

Provided nevertheless, that after thirty years from the Duration, 
passing 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. 

Apjjvoved February 7, 1797. 

1796. — Chapter 37. 

[January Session, ch. 5.] 

AN ACT ESTABLISHING THE BOUNDARY-LINE BETWEEN THE 
TOWN OF WILLIAMSBURGH & THE TOWNS OF CHESTER- 
FIELD & GOSHEN. 

Be it enacted hy the Senate and house of Representa- 
tives in General Court Assembled and hy the Authority 
of the same, that the Act, passed the twenty fourth day n. w. boun- 
of June A D One thousand seven hundred and ninety five '*'^^' 
establishing said boundary-line be and the same hereby is 
repealed ; and that the northwest corner of the town of 
Williamsburgh shall be at a beach tree marked H. F. and 
D. F. standing about fifteen rods south of Samuel Mott's 
house in the town of Goshen ; and that the deviding line 
between said town of Williamsburgh and the towns of 
Goshen and Chesterfield shall be a line running- from the 
aforesaid Corner parrallel with the East line of the said 
Town of AYilliamsburgh untill it strikes the North line of 
the town of Northampton. Approved February 7, 1797. 

1796. — Chapter 38. 

[January Session, ch. 4.] 

AN ACT TO INCORPORATE CHANDLER ROBBINS AND OTHERS 
FOR THE PURPOSE OF CONVEYING WATER IN THE SOUTH 
PARISH IN THE TOWN OF HALLO WELL. 

Be it enacted by the Senate and house of Representa- 
tives in General Court assembled and by the Authority 
of the same, that Chandler Robbins, Jeremiah Dummer, Persons 
Benjamin Poor, Joshua Wingate, and Samuel Carr, all '°'=<>^p°'-"'«'J- 
of Hallowell in the County of Lincoln, and such other 
persons as are or may be associated with them be, and 
they and their successors hereby are constituted a corpo- 
ration by the name of the Proprietors of the Aqueduct in 
Hallowell for the purpose of conveying water by pipes 
in such parts of the said South Parish in said Town of 



68 



Acts, 1796. — Chapter 38. 



First Meeting. 



Officers to be 
chosen. 



Authority to 
Proxies. 



Clerk's duty. 



Corporation 
may dig up high 
way, &c. 



Hallowell as tliey may judge expedient : Provided how- 
ever that nothing in this Act contained shall Authorize 
said corporation to enter upon or use for that purpose the 
land of any person without licence therefor first had and 
obtained of the Owners or proprietors of such land. 

Be it further enected. That any three of the Persons 
above named, may by notifications to be posted at the 
respective dwelling houses of Robert Randall and Jona- 
than Kinsman in said Hallowell, call a meetioo- of said 
proprietors to be holden in said Hallowell at any suitable 
time and place seven days at least after posting such noti- 
fications. And the said Proprietors by a Major Vote of 
those present or represented as is herein after provided 
at said meeting, accounting one vote to each share, shall 
choose a Clerk, agree upon the mode of calling future 
meetings of the said proprietors, and may also elect any 
other officers which to them may be deemed necessary for 
carrying into effect the object of their incorporation. And 
the said Proprietors at the same or any subsequent meet- 
ing of the corporation may enjoin and order fines and 
penalties for the breach of any of their rules and bye- 
Laws, not exceeding thirteen Dollars for any one breach. 
And all Persons appearing at any of said Meetings to rep- 
resent any of the said Proprietors shall have therefor an 
appointment in writing signed b}^ the Person to be so 
represented, which shall be filed with or recorded by the 
Clerk of the Corporation — whose duty it shall be fairly 
and truly to enter and record in a book or books, to be 
for that purpose provided and kept this Act and all the 
rules and bye-Laws votes and proceedings of said corpo- 
ration ; which said book & books shall at all times be sub- 
ject to the inspection of any person or persons for that 
purpose appointed by the Legislature. And the Clerks 
of said corporation shall be sworn by a Justice of the 
Peace of the said County of Lincoln, to the faithful dis- 
charge of the duties of their said office. 

Be it further enacted^ That the said Proprietors be and 
they are hereby authorized to enter on and to dig up any 
high-way or town road for the purpose of placing such 
pipes as may be necessary to complete such Aqueduct, or 
of repairing the same when requisite, Provided Jiowever, 
that they in no case obstruct the passing of such persons 
as may have occasion to use such road or high- way. 

Be it further enacted, That the mode of transfering 



Acts, 1796. — Chapter 39. 69 

shares in said corporate property shall be by deed, ac- Transferred 

knowledged before some Justice of the Peace and recorded 

by the Clerk of said Proprietors in a book to be kept for 

that purpose. And when any share or shares in said in case of 

property shall be attached on Mesne process in addition 

to the legal service on the defendant, an attested Copy of 

such process shall at the time of the attatchment be left 

with the proprietors Clerk ; otherwise such attachment 

shall be void : And such share or shares may be sold on 

Execution, or warrants for the collection of taxes, in the 

same manner as is or may be provided by Law for the 

sale of personal property ; the Officer making the sale to 

leave an attested Copy of such Execution or warrant, and 

of his return thereon, with the Clerk of the Proprietors 

within ten days after such Sale ; otherwise the sale to be 

void. 

Be it further enacted, That any person or persons in- Penalties for 

i-U • f • 1 \ J r • J injuring pipes. 

juring the pipes ot said Aqueduct, or m any way and 
manner obstructing or injuring the water conveyed therein, 
shall be subject to the same penalties as are provided and 
enacted in the 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 in the 
year of our Lord One thousand seven hundred and eighty 
five, And shall also be further liable to make good all 
damages so done to the said Proprietors. 

Approved February 9, 1797. 



1796. — Chapter 39. 

[January Session, cli. 6.] 

AX ACT FOR REGULATING THE ALE WIFE FISHERY IN THE TOWN 
OF BRIDGEWATER IN THE COUNTY OF PLYMOUTH, AND FOR 
REPEALING ALL LAWS HERETOFORE MADE FOR THAT PUR- 
POSE. 

JBe it Unacted by the Senate & House of Representa- 
tives in Geiieral Court assembled & by the Authority of 
the sa7ne, That all laws heretofore made for regulating the Town to 
Alewife Fishery in said Bridgewater be and they hereby [awnj'o/^^ 
are repealed : And that it shall & may be lawful for the ^'e^i^es. 
said Town of Bridgewater, at any legal Meeting, of the 
Inhabitants of said town, to choose a Committee to sell 
or otherwise dispose of the Privilege of taking said fish as 
the town shall direct at the several Wares in said Town 



70 



Acts, 1796. — Chapter 39. 



Not to be taken 
at improper 
times — 



nor by unau- 
thorized 
Persons. 



Penalty for 
extortion. 



Committee to 
be appointed 
to keep the 
streams free 
of obstructions. 



or either of them, for the most it will fetch on the days 
following, vizt. At the Ware by the Town Mills so called, 
on Mondays & Tuesdays in each week ; at the Great river 
Mills, so called, on Wednesdays & Thursdays in each 
Week; & at the Ware by Whitman's Mills, so called, on 
Mondays, Tuesdays & Wednesdays in each week ; & the 
emoluments arising from said privilege shall be appropri- 
ated by said Town to such purposes and uses as the In- 
habitants thereof shall in legal Town Meeting, from time 
to time determine. 

And be itfurtlier Enacted, that if the Purchaser or Pur- 
chasers, Manager or Managers, or those employed by 
them, shall presume to take any of the said fish at any 
other time or place in said Town than is in this Act pro- 
vided ; and if any other person or persons whatever, ex- 
cept the Purchaser or Purchasers, Manager or Managers 
of said privilege, or those employed by them, shall pre- 
sume to take or catch any of said Fish in any of the 
Eivers or Streams within the boundaries of said Town, he 
or they so ofiending, shall for each oflence, forfeit and pay 
a sum not exceeding Thirteen Dollars nor less than One 
Dollar, at the discretion of the Justice before whom the 
same shall be tried. 

And be it further Enacted, That if the said Purchaser or 
Purchasers, Manager or Managers of said Privilege, shall 
when in his or their power neglect or refuse to supply any 
person or persons with said fish, who may apply therefor, 
at the rate of Twenty five Cents for a hundred of said fish, 
he or they so oflfending, shall for each ofience forfeit & pay 
the sum of Five dollars ; & if any person or persons shall 
ask, demand & receive more than Twenty five Cents for 
a hundred of said fish, & so in that proportion for a 
greater or less number, he or they so offending, shall for 
each offence, forfeit & pay the sum of Five Dollars. 

And be it further Enacted, That the said Town of 
Bridgewater shall 
Apri 

than three Freeholders of said Town, who shall be sworn 
to the faithful discharge of the duties enjoined upon them 
by this Act ; & it shall be the duty of said Committee to 
cause the natural course of the Rivers, passage-ways, or 
Streams thro' which the said fish pass, to be kept open & 
without obstruction, during the whole time the said fish 
pass up in said Rivers, Passage-ways & Streams in each 



at their annual Meeting in March or 
choose a Committee not exceeding nine nor less 



Acts, 1796. — Chapter 39. 71 

Year, & to remove any such as shall be found therein ; & 
lo make the said Passage Ways wider or deeper, if they or 
the major part of them, shall judge it necessary; & the 
said Committee, or any two of them, paying a reasonable 
compensation therefor, if demanded, shall have authority Authority, 
(in discharging the duties enjoined upon them hy this Act) 
to go on the lands or meadows of any person through 
which such Rivers, Passage-ways or Streams run, or into 
any Mill, Forge or other Water- works on said Rivers or 
Streams without lieing considered as Trespassers ; & any 
person, who shall molest or hinder the said Committee, or 
either of them, in the execution of the business of his or 
their office, or shall obstruct any passage-way in the said 
Rivers or Streams, otherways than may be allowed by the 
said Committee or a major part of them, he or they so 
offending, shall forfeit & pay for every such offence, a sum Penalty for 
not exceeding Ten Dollars nor less than One Dollar, at 
the discretion of the Justice before whom the same shall 
be tried. Provided nevertheless, that nothing in this Act 
shall be considered as authorizing said Committee to injure 
the Proprietor of any Mill or Water- works, further than 
is necessary in order to give the fish a good & sufficient 
passage up said Rivers. 

Be it further Unacted, that it shall be the dut}^ of the To prosecute 
said Committee to prosecute all breaches of this Act & this Act. 
for any two of them to seize & detain in their custody, 
any Net which may be found in the hands of any person 
using the same contrary to the true intent & meaning of 
this Act, untill the person so offending, makes satisfaction 
for his offence, or is legally acquitted therefrom. And 
that each & every person who shall be chosen on the Com- 
mittee, pursuant to this Act, shall within six days after 
his being notified by a Constable of such choice, take the Shaiitakean 
following Oath before some Justice of the peace for the 
County of Plymouth, or the Clerk of said Town of Bridge- 
water who is hereby authorized to administer the same, 
vizt., — You A. B. being chosen one of the Committee to 
inspect the Alewive Fisher}^ in the Town of Bridgewater 
for the Year ensuing. Do solemnly swear, that you will 
faithfully discharge the duties of said office, & duly pros- 
ecute all breaches of the Law respecting said Fishery, that 
shall come to your knowledge — So help you GOD. And 
that if any Person chosen one of the said Committee and 
notified as aforesaid, shall neglect to take the foregoing 



.72 



Acts, 1796. — Chapter 40. 



Penalty for 
neglecliug to 
take such oath. 



Penalties 
how to be 
recovered . 



Appropriated. 



Oath for the space of six days after his being so notified, 
he shall forfeit & pay the sum of Five Dollars, to be re- 
covered by Action of Debt, in any Court proper to try the 
same ; one Moiety thereof to be applied to the use of the 
said Town of Bridgewater, the other moiety to the person 
or persons "who shall sue for the same. 

Be it further Enacted, That all the penalties incurred 
by any breach of this Act, shall be recovered b}^ complaint 
before any Justice of the Peace within & for the County 
of Plymouth aforesaid, allowing an appeal to the Court of 
General Sessions of the Peace of said County ; and all 
sums of money recovered to the Town as forfeited by this 
Act, shall be for the support of the poor of the Town of 
Bridgewater aforesaid ; — And no person by reason of his 
being one of the said Committee, or an Inhabitant of the 
said Town, shall thereby l)e disqualified from being a 
Witness in any prosecutions for a breach of this Act. 

Ap2)roved February 10, 1797. 



Persons 
incorporated. 



To choose a 
Clerk and 
other Ollicers. 



1796. — Chapter 40. 

[January Session, ch 7.] 

AN ACT TO INCORPORATE CERTAIN PERSONS IN THE TOWN OF 
LANCASTER FOR THE PURPOSE OF CONDUCTING WATER FROM 
THE SPRINGS AT AND ABOUT QUASSAPONIKIN HILL (SO 
CALLED) TO INHABITANTS IN A PART OF THE TOWN CALLED 
THE NECK. 

Be it enacted by the Senate and house of Representatives 
in General Court Assembled and by the Authority of the 
same, That Eli Stearns, Joseph White, Jonas Lane, 
Samuel Jones, & Abijah Phelps with such others as are 
or may be joined or associated with them or their succes- 
sors be and they hereby are constituted a corporation by 
the name of the Proprietors of the Aqueduct in Lancaster, 
And by that name may sue and be sued : Provided that 
nothing in this Act shall Authorise the said Proprietors to 
enter on or make use of private property without consent 
of the Owner. 

And be it further enacted. That said proprietors at any 
meeting warned as by this Act is (or as by the said pro- 
prietors in legal meeting shall be) directed may elect and 
choose a Clerk and other ofiicers proper for a corporation 
to choose and have for effecting the object of their incorpo- 
ration. And the Clerk so choosen shall be duly sworn and 



Acts, 1796. — Chapter 41. 73 

shall make true record of all the votes Acts and doings of 
the said corporation. And the said proprietors in meet- <^'orporation 
ing as aforesaid may make any rules, regulations or bye tines. 
laws respecting the calling and governing the meetings & 
ordering the Transactions and concerns of the said Corpo- 
ration and the welfare and Interest of the same, which 
they may think expedient, and impose any fines and for- 
fietures not exceeding ten dollars, and levy the same in 
due course of Law ; iwovided alhvays, that the said rules Proviso. 
regulations and laws aforesaid shall not be repugnant to 
the Constitution or law of the Commonwealth. And any 
three of the persons before named may call the first meet- 
ing of the said proprietors to be holden in said Lancaster 
at any suitable time and place seven days after notification 
thereof is posted up at the meeting house, or some other 
public place in the said Town. 

And be it further enacted^ That the said proprietors may May dig up 
dig up any public or town way for conducting Water as " '"waye. 
aforesaid ; provided They do not obstruct the rightful use I'l-oviso. 
of the same ; and any person wilfully injuring the said 
Aqueduct shall be subject to the same pains & penalties Penalty for 
as are provided in the second section of the Act Intitled A*q™ed °cl 
" an Act for the more effectually preventing of trespasses 
in divers cases " & shall also be liable to make good all 
damages so done to the said Aqueduct or proprietors. 

Approved February 14, 1797. 

1796 —Chapter 41. 

[January Session, ch. 8.] 

AN ACT TO INCORPORATE THE PLANTATION NUMBER SIX, WEST 
OF MACHIAS IN THE COUNTY OF WASHINGTON INTO A TOWN 
BY THE NAME OF ADDISON. 

Be it Enacted hy the Senate & House of Representatives 
in General Court assembled c6 by the authority of the same, 
that the Plantation number Six, West of Machias in the Boundary. 
County of Washington, beginning at the West side of the 
mouth of Indian River ; thence running a northerly course 
bounded by the said River to the south-easterly corner of 
the Town of Columbia ; West bounded on said Town of 
Columbia, to the Northeasterly corner of Plantation 
number Five ; thence South to Pleasant River, thence 
down said River and round the shore following the course 
thereof to the first mentioned bounds, so as to include all 



74 



Acts, 1796. — Chapter 42. 



Incorporated. 



D. Merrit, 
Esq. to issue 
warrant. 



the Islands contained within the lines described on the 
plan of number Six, drawn hy Osgood Carleton and de- 
posited in the Secretary's Office ; together with the Inhab- 
itants within said lines & on said Islands, be & hereby are 
incorporated into a Town by the name of Addison ; with 
all the privileges & immunities which other Towns in this 
Commonwealth do or may possess or enjoy. 

A7icl be it further Enacted hy the authority afore-^aid, 
that Daniel Merrit Esqr. l)e and he hereby is authorized 
and directed to issue his Warrant to some principal In- 
habitant of the said Town of Addison, requiring him to 
warn the Inhabitants thereof to assemble at some proper 
time & place to be expressed in said Warrant, for the 
purpose of choosing such Town Officers, as Towns are by 
law empowered to choose in March or April annually. 

Approved February 14, 1797. 



Ferrymen to 
be licenBed. 



1796. — Chapter 43. 

[January Session, ch. 9.] 
AN ACT FOR REGULATING FERRIES. 

Sect. 1. Be it Enacted hy the Senate & House of 
Representatives in General Court assembled and by the 
authority of the same, that no person or persons whatever 
shall keep a Ferry within this Commonwealth, so as to 
demand or receive pay, without a special licence first had 
and obtained from the Court of General Sessions of the 
Peace of the County wherein such Ferry may be ; and the 
said Court is hereby empowered to grant such licences to 
such person or persons as shall be judged suitable for 
Fare regulated, such scrvicc by the sauic Court ; and to state the Fare or 
Ferriage at each Feriy, for Passengers, Horses & other 
Creatures, Carriages, Waggons, Carts, Teams and other 
things there transported, always having regard to the 
breadth and situation of, and the more or less passing 
at, any Ferry; in all cases taking bond, with sufficient 
sureties, of each Ferrjmian, for the faithful performance of 
the duties and services of his place, excepting however all 
such Ferries as are already stated and settled by the Court 
or Town to whom they appertain. 

Sect. 2. Be it further Enacted, that all ferrymen at 
the several ferries in this Commonwealth, as well those 
stated and settled as aforesaid, as others, shall keep a good 
Boat or Boats in good repair, suitable to the water they 



Bond to be 
required. 

Exception. 



Ferrymen to 
lieep boats. 



Acts, 1796. — Chapter 42. 75 

are to ferry over, and give ready and due attendance on 
Passengers on all occasions, for the times and according to 
the regulations established at any Ferry ; and the keeper 
or keepers of each Ferry, for every neglect of such attend- 
ance shall forfeit and pay one Dollar ; and for every Penalties for 
neglect in keeping such a Boat, Twenty Dollars; one '^'"^' 
moiety thereof in each case, to the use of the Common- 
wealth, and the other moiety to him or them who shall 
inform and sue for the same ; and be further liable, to pay 
in an Action on the case, all such special damages as any 
person shall sustain by such neglect. 

Sect. 3. Be it further Enacted, that if any person or unauthorized 
persons shall keep a Ferry or transport Passengers over omcutear*'' 
or across any stated Ferry, so as to demand or receive ferrymen. 
pay, having no right or authority so to do, he shall forfeit 
and pay for every such offence. Four Dollars : one moiety 
thereof to the Commonwealth, and the other to him or 
them who shall inform and sue for the same : and be 
further liable in a special action on the case, to pay such 
damages as may or shall accrue to the person or persons 
assigned and authorized to keep any such stated Ferry or 
Ferries. 

Sect. 4. Be it further Enacted, that whenever the Towns to pro- 
Court of General Sessions of the Peace of any Count}" in under c"rt^n° 
this Commonwealth shall judge it necessary, to set up a <="c"™8tanceB. 
ferry for the convenience of passing any river or waters, 
and no person shall appear to keep the same for the 
stated profits thereof, the Town or District wherein such 
Ferry may be, shall take eilectual care to provide suitable 
person or persons to keep and attend the same at such 
place and in such times of the year as the said Court 
shall judge necessary ; which person or persons shall he 
licensed by such Court as aforesaid. And the said Court 
shall take bonds with sureties of such persons for the 
faithful performance of the duties and services of their 
places ; and state the fiire or ferriage to be demanded 
and received at such Ferr}' ; having regard to the breadth 
& situation of, and the more or less passing at the same. 
And the person or persons so a|)pointed Ferrymen at any 
Ferry so set up, shall keep a good boat or boats in good 
repair, suitable to the waters they are to ferry over; and ^^Ixectlt^ 
on failure, at any time, so to do, shall forfeit & pay Ferrymen. 
Twenty Dollars for each neglect ; and shall also give 
ready and due attendance on all passengers ; and for each 



76 



Acts, 1796. — Chapter 43. 



Towns each 
side a river 
alternately 
to provide 
Ferrymen. 



Penalty for 
neglect to pro- 
vide Ferrymen. 



Former laws 
repealed. 



neglect so to do, shall forfeit & pay one Dollar — one 
moiety thereof in each case to the Town or District 
wherein such Ferry may be, and the other moiety to him 
or them who shall inform and sue for the same. 

Sect. 5. Be it further Enacted, that if any such 
Ferry so judged necessary shall be over any river or 
water, when one Town or District joins thereto on one 
side, & another Town or District on the other side ; in 
such case the said Towns and Districts shall, either jointly 
or alternately, provide such person or persons to keep 
such Ferry as the said Court shall order. 

Sect. (3. Be it further Enacted that any Town or 
District neglecting to provide suitable persons to keep 
ferries as aforesaid, shall forfeit & pay Forty Dollars for 
each month's neglect ; one moiety thereof to the use of 
the Commonwealth, and the other moiety to him or them 
who shall inform and sue for the same. And all the for- 
feitures aforesaid which may be incurred, shall be re- 
coverable in an action of Debt, with costs of suit, before 
a Justice of the Peace or Court of Common Pleas of the 
County wherein the Ferry may be, according to the 
amount of the Forfeitures to be recovered. 

Sect. 7. Be it further Enacted that this Act shall 
take effect, and be in force on and after the first day of 
July next ; and that three Acts relating to the subject 
matter of this Act; one passed A.D. Sixteen hundred & 
ninety four for regulating Ferries ; another in addition 
thereto, A.D. Seventeen hundred &, twenty-six, and a 
third A.D. Seventeen hundred & sixty relating to Ferries 
& continued in force to the iirst day of November next, 
shall on & after the said first day of July next be re- 
pealed, and cease to operate — excepting, however, they 
shall remain in force for the purpose of recovering any 
forfeitures that may accrue by virtue of them. 

xi2)proved February 14, 1797. 



Persons incor- 
porated. 



1796. — Chapter 43. 

[January Session, ch. 10.] 

AN ACT TO incorporate JOSHUA THOMAS ESQR. AND OTHERS 
FOR THE PURPOSE OF CONVEYING FRESH WATER BY PIPES 
IN THE TOWN OF PLIMOUTH. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, & hy the authority of 
the same, that Joshua Thomas, William Davis, James 



Acts, 1796. — Chapter 43. 77 

Thacher, William Goodwin & Nathaniel Russell all of 
Pliniouth in the County of Plimouth, & such other 
persons as are or may be Associated with them, be and 
they and their successors hereby are constituted a cor- 
poration, for the purpose of conveying Water by subter- 
aneou.s pipes in the town of Plimouth, by the name of 
the proprietors of the Plimouth Aqueduct ; and by that 
name may sue and be sued and do and suffer all matters 
Acts & things, which bodies politic may or ought to do & 
suffer. 

And be it further enacted that any three of the persons First Meeting. 
above named may by notification to be posted at the 
Dwelling House of Thomas Withrell in said Plimouth, 
call a meeting of the said Proprietors, to be holden in 
said Plimouth, on any suitable time seven days at least 
after posting such notification, and the said proprietors 
by a Major Vote of those present, or represented, (as is 
herein after provided) at said meeting, accounting one 
vote to each share, shall choose a Clerk, agree upon the 
mode of calling future meetings of the said proprietors, at 
the same or any subsequent meeting, and may ajso elect S^^'°®°^ 
any other officers which to them may seem necessary, for 
carr3^ing into effect the object of their incorporation, and 
may make & establish any rules and regulations that shall 
be convenient and necessary for regulating the concerns 
of the said corporation & the same rules and regulations 
may cause to be kept and executed ; and for the breach 
of any of them, may order and enjoin fines & penalties, 
not exceeding thirteen dollars, for any one breach ; jpro- 
vided that said rules and regulations be not repugnant to 
the constitution, or Laws of the Commonwealth ; & all 
persons appearing at any of said meetings to represent Proxies. 
any of the said proprietors, shall have therefor an appoint- 
ment, in writing, signed by the Person to be so represented, 
which shall be filed with or recorded by the Clerk, of the cierk. 
corporation ; whose duty it shall be fairly and truly to 
enter and record, in a book or books, to be for that pur- 
pose provided and kept, this Act and all the rules bye 
laws, votes & proceedings of the said corporation ; which 
Book & Books shall at all times be subject to the Inspec- 
tion of any person or persons for that purpose appointed 
by the Legislature ; and the Clerk of said Corporation, 
shall be sworn, by a Justice of the Peace of the said 
County of Plimouth, to the faithfull discharge of the duties 
of his Office. 



78 



x\cTS, 1796. — Chapter 43. 



Corporation 
authorized to 
convey water. 



To dig up high 
•ways, &c. 

Proviso. 



To make 
AsseBsmente. 



To sell delin- 
quent shares. 



Contracts to 
be mutually 
binding. 



Transferring 
shares. 



In case of 
attachment. 



Penalty for 

injuring 

Aqueduct. 



Be it further enacted^ that the said proprietors be & 
they liereby are autliorized to convey Water by subter- 
raneous pipes as aforesaid, from any part of the Town 
Brooli, so called in the said Town of Plimouth into & 
through any way and street in said Town, and may enter 
upon and dig up any high way or Town way for the pur- 
pose of sinking & repairing such pipes, as may be necessary 
for the purpose aforesaid, provided that they do not 
thereby impede the passing of travellers. And provided 
also that nothing in this Act shall Authorize the said pro- 
prietors to enter on and make use of private property 
without consent of the owner. 

Be it further enacted, that the said Corporation shall 
have power from time to time to make assessments on the 
shares in said Aqueduct of such sums of money, as the 
Corporation shall deem to be necessary ; and on neglect 
or refusal to pay such assessments to cause delinquent 
shares to be sold at public Auction, for the payment, after 
advertizing in two public places in said Town of Plimouth, 
ten days previous to the sale ; paying the over plus, if 
any there be, after the payments of such assessments, and 
charges of sale, to the owner or owners of the share or 
shares so sold. 

Be it further enacted, that all contracts made by the 
said Corporation for supplying any of the inhabitants of 
said Town, or any other person with water from the said 
Aqueduct, shall be mutually binding on both parties and 
that actions may be supported thereon. 

Be it further enacted, that the mode of transferring 
shares in said corporate property, shall be by Deed 
Acknowledged before a Justice of the Peace, and recorded 
by the Clerk of said Proprietors, in a book to be kept for 
that purpose ; And when any share or shares of said prop- 
erty shall be attached on mesne process, an attested Copy 
of such process shall at the time of the Attachment, be 
left with the proprietors Clerk ; otherwise such attach- 
ment shall be void, and such shares may be sold on 
execution in the same manner, as is or may be by law 
provided, for the sale of personal property by execution ; 
the Officer making the Sale leaving a Copy of the 
Execution And of his return on the same with the Clerk 
of the proprietors within ten days after such sale. 

Be it further enacted, that any person injuring the said 
Aqueduct, shall be subject to the same penalties as are 



Acts, 1796. — Chapter 44. 79 

provided in the second section of the Act intitled " An 
Act for the more eflectually preventing of trespasses in 
certain Cas[s]es," passed the Twenty third day of Novem- 
1)er in the year of Lord 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 15, 1797. 

1796. — Chapter 44. 

[January Session, ch. 11.] 

AN ACT CONFIRMING THE TITLE OF THE REVEREND SAMUEL 
TODD AND THOSE HOLDING UNDER HIM, TO CERTAIN LOTS 
OF LAND IN THE TOWN OF ADAMS. 

Whereas by the gi^ant of the Tovmshij) of Adams to the Preamble. 
original Projprietors, there was reserved one sixty third 
j)art of said Towjiship to become the absolute property of 
the first settled Minister in said Toicn; and by the 
Memorial of the Inhabitants of said Town it is represented^ 
that after the aforesaid Grant was made, the late Reverend 
Samuel Todd was settled and ordained in the work of the 
Ministry in said Town, and went into possession of Lot 
No. sixteen in the west range, containing One hundred 
acres, and Lot JSfo. forty eight in the second Division of 
lots, containing Two hundred acres, ivhich ivere laid out 
for the Ministerial Lots; and that he afterwards sold and 
conveyed the aforesaid Lots, — since ivhich time, doubts 
have arisen uihether the said Samuel Todd was so legally 
settled that the property of the aforesaid Lots of Land was 
according to the meaning and intent of said Grant vested 
in him: 

Be it Therefore Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That the Title of the late Keverend Title confirmed. 
Samuel Todd to the aforesaid Lots of land in Adams, and 
of the several persons claiming or holding the same under 
him, be and the same hereby is confirmed, any want of 
regularity in the proceedings of the Settlement of the said 
Todd, notwithstanding. Approved February 15, 1797. 



80 Acts, 1796. — Chapters 45, 46. 

1796— Chapter 45. 

[January Session, ch. 12.] 

AN ACT EXTENDING THE TIME FOR RECEIVING ON LOAN THE 
DEBT OF THIS COMMONWEALTH. 

Be it Enacted hy the Senate & House of Representa- 
tives in General Court assembled and hy the authority of 
Term extended, ij^q same, that the term for receiving on Loan the debt 
of this Commonwealth, which hath not been subscribed in 
pursuance of & conformable to an Act to provide for the 
debt of this Commonwealth, & one other Act for appro- 
priating Twelve thousand pounds, part of Tax No. Eleven, 
to the payment of interest on the funded & consolidated 
Debt of this Commonwealth & for other purposes, be, and 
the same hereby is extended to the first day of February 
next ; and the Treasurer of this Commonwealth is hereby 
authorized and directed to receive and admit Subscrip- 
tions to the said Loan, of all such species of the said debt, 
as are in the said two Acts described, until the first day 
of February, in the same manner and on the same terms 
as are in the said two Acts provided and established. 

Approved February 20, 1797. 

1796. —Chapter 46. 

[January Session, cli. 13.] 

AN ACT TO INCORPORATE A TOWN IN THE COUNTY OF BERK- 
SHIRE BY THE NAME OF SAVOY. 

Sect. 1st. Be it Bnacted by the Senate and House 
of Representatives in General Court assembled and by 
Boundaries. the Authority of the same. That the Lands contained in 
the following description to wit. Beginning at the South 
West corner of Hawley and runing from thence North 
eighteen degrees East two thousand and sixty rods to 
Colerain, so called, thence on the line of the Channel of 
said River twelve hundred and forty five rods to the line 
of Barnardston grant, thence on said line North eighty 
two degrees West seven hundred and eighty Rods to the 
line of Adams, thence on the said line south ten Degrees 
West one thousand and Sixty Rods, thence North eighy 
Degrees West two hundred and forty Rods to the line of 
Cheshire, thence on said line South three Degrees East 
four hundred and forty six Rods to a Staddle and Stones, 



Acts, 1796. — Chapter 47. 81 

thence South forty seven degrees west three hundred & 
thirty rods to the line of Windsor, thence South seventy 
two degrees East, seventeen liundred & twenty three 
Rods to the first mentioned Boundary, together with the 
Inhabitants thereon be and they hereby are incorporated 
into a Town by the name of Savoy with all the powers, 
privileges & immunities of other towns in this Common- 
wealth. 

Sect. 2. And be it further Enacted, that Israel Jones israeuones, 
Esqr. be & he hereby is authorized & directed to issue his warrant'.^*"^ 
warrant to some principal Inhabitant of the said Town of 
Savoy, requiring him to warn the inhabitants of the said 
town, to meet at such time & place as shall be appointed 
in said Warrant, to elect such Oflicers as Towns are by 
law empowered to elect in the month of March or April 
annually. Ax>proved February 20, 1797. 

1796. — Chapter 47. 

[January Session, ch. 14.] 
AN ACT FOR REGULATING DRAINS AND COMMON SHORES. 

Section Ist. Be it enacted by the Senate and house 
of Representatives in General Court Assembled And by 
the Authority of the same, that if any person shall dig or streets not to 
break up the Ground in any high- way, street or lane, in ufy'lnVrepa^r 
any town for the laying. Altering, repairing, or amending consent^f^"'^' 
of any drain or common shore without the consent of the selectmen. 
Selectmen of the Town, signified in writing under the hand 
of the town Clerk, such person shall forfeit and pay four 
dollars for each oftence ; to the use of the poor of the Town 
to be recovered with costs of suit in an Action of debt by 
the Treasurer thereof before any disinterested Justice of 
the Peace in the County. 

Section 2d. Be it farther enacted that all drains and Drains, &c., 

^, ^ 1 T • • c /-^ ^^ 1 • 1 1 11 construction of. 

common Shores tor the draming ot Cellars, which shall, 
hereafter be made or repaired in any streets or high ways 
shall be substantially done with brick or stone or with such 
other materials as the selectmen of the town shall permit, 
and in such manner as the said Selectmen shall direct. 
And when any one or more of the inhabitants of any town 
shall, by the consent, and under the direction aforesaid, 
at his or their own charge, make and lay any common 
shore or main drain for the benefit of themselves, and 
others, who may think fit to join therein, every person 



82 



Acts, 1796. — Chapter 47. 



Persona bene- 
fited, to share 
in the expence 
of making 
drains. 



To share in 
expences of 
repairs, &c. 



To pay double 
in case of 
refusal. 



Proviso for 
a hearing of 
objections. 



who afterwards, shall enter his or her particular drain into 
the same, or by any more remote means shall receive any 
benefit thereby, for the draining of their cellars or lands, 
shall be held to pay to the owner or owners of such com- 
mon Shore or main drain, a proportionable part of the 
charge of making or repairing the same, to be assertained 
and determined by the Selectmen of the Town or a Major 
part of them, and certified under their hands ; saving all- 
ways to the party aggrieved at any such determination a 
right to Appeal to the Court of General Sessions of the 
Peace. 

Section 3d. Be it further enacted, that when any com- 
mon Shore or main drain shall be stopped or gone to decay, 
so that it shall be necessary to open the same in order to 
repair it or remove such stoppage, all the persons, who 
shall be lienefited by such repairs or removal of obstruc- 
tions shall be held to pay their proportionable parts of the 
expences thereof, as well those who do not, as those who 
do cause such repairs to be made, or obstruction removed ; 
to be assertained & determined by the selectmen as afore- 
said, saving an appeal as aforesaid. And each person so 
held to pay his or her part shall have notice thereof, of 
the sum, & to whom to be paid ; And if such person shall 
not pay the same within ten days after such notice to the 
person appointed by the Selectmen to receive it, he or she 
shall be held to pay the person so appointed double the 
sum mentioned in such certificate, with all costs, arising 
upon such neglects ; & such person is hereby impowered 
to bring an Action or Actions for the same accordingly. 

Provided alioays, that the person or persons who shall 
have occasion to open any common Shore or main Drain, 
in order to clear & repair the same, shall seven days at 
least before they begin to open the same, notify all per- 
sons interested therein, by Advertizing in such manner as 
the Selectmen may direct, that they may (if they think 
proper) object thereto and lay their objections in person 
or writing before the Selectmen ; And if the Selectmen, 
or the Major part of them, shall judge the Objections rea- 
sonable, then the person or persons making the same, 
shall not be held to pay any part of such expences, but 
if they do not make their objections as aforesaid to the 
Selectmen within three days after l)eing so notified, or if 
they shall deem the objections not to l)e sufficient, then 
they shall under their hands give liberty to the persons 



Acts, 1796. — Chapter 48. 83 

applying, to proceed to open such common shore or main 
drain & clean & repair the same ; and all interested 
therein shall pay their proportions as is provided in this 
Act. 

Provided also, that nothing in this Act shall be under- Furtherproviao. 
stood or construed to effect or make void any covenants 
or agreements already made, or that may hereafter, be 
made among the Proprietors of such drains or common 
Shores. 

Sect. 4th. Be it further enacted that this Act shall 
take effect & be in force on and ^fter the first day of July 
next — And that an Act passed A.D. 1709 for regulating Former Acta 
drains and common shores, and another Act passed A.D. '®p®*® * 
1763 in addition thereto, and continued in force to the 
tirst day of November next, be repealed on and after 
the first day of July except as to the enforcing payment of 
such forfietures, as may before that time, accrue by virtue 
thereof. Approved February 20, 1797. 

1796. — Chapter 48. 

[January Session, ch. 15.] 

AN ACT TO INCORPORATE SAMUEL FISK MERRICK AND OTHERS 
FOR CERTAIN PURPOSES THEREIN MENTIONED. 

Sect. 1st. Be it enacted by the Senate and House of 
liepresentaiives in General Court assembled, and by the 
authority of the same, that Samuel Fisk Merrick, Gideon Persons 
Burt, Jonathan Merrick, Solomon Warriner, Jason *'"^*'''p°'^'' ^ 
Chapin, Joel Lyman, James Hammon, Moses Warri- 
ner Junr., Moses Burt, William Brewer, Nathan Ains- 
worth, John Adams, Augustus Sisson, all of Wilbraham 
in the County of Hampshire, and such other persons as 
are or may be associated with them, be, and they & their - ', 

Successors hereby are constituted a Corporation, by the 
name of the Proprietors of the Aqueduct in Wilbraham, 
for the purpose of conveying water by pipes into such object of 
parts of the said Town of Wilbraham, as they may judge i°'=°'-P°"-"«°'^- 
expedient : Provided however that nothing in this Act Proviso, 
contained, shall authorize said Corporation to enter upon, 
or use for that purpose the land of any person Avithout 
licence therefor first had of the Proprietors of such Land. 

Sect. 2d. A.nd be it further Enacted, that any three First Meeting. 
of the persons above named, may by notification to be 
posted at the dwelling House of Jonathan Merrick in said 



84 



Acts, 1796. — Chapter 48. 



May dig up 
high ways, &c. 



Proviso. 



Transferring 
Shares. 



Case of 
attachment. 



Wilbraham, call a meeting of the said Proprietors, to be 
holden in said Wilbraham, on any suitable time, seven 
days at least after posting such Notification ; and the said 
Proprietors by a major Vote of those present or repre- 
sented, as is herein after provided, at said meeting, ac- 
counting one vote to each share, shall choose a Clerk, 
agree upon the mode of calling future meetings of the 
said Proprietors ; and may also elect any other Officers 
which to them may seem necessary for carrying into eliect 
the object of their Incorporation ; may enjoin & order 
fines & penalties for the, breach of any of their rules & 
bye laws, not exceeding Thirteen Dollars for any one 
breach ; and all persons appearing at any of said meetings 
to represent any of the said Proprietors, shall have there- 
for an appointment in writing signed by the person to be 
so represented, which shall be filed with, or recorded by, 
the Clerk of the Corporation ; whose duty it shall be fairly 
and truly to enter and record in a book or books to be for 
that purpose provided & kept, this Act and all the Rules, 
Bye Laws, Votes & proceedings of the said Corporation : 
which Book & Books shall at all times be subject to the 
inspection of any person or persons for that purpose ap- 
pointed by the Legislature ; and the Clerks of said Cor- 
poration shall be sworn by a Justice of the peace of the 
said County of Hampshire, to the faithful discharge of the 
duties of their ofiice. 

Sect. 3d. Be it further Enacted that the said Pro- 
prietors be and they hereby are authorized to enter on 
and dig up any high way or town road for the purpose of 
placing such pipes as may be necessary to complete said 
Aqueduct, or of repairing the same when requisite ; JPro- 
vided they in no case obstruct the passing of such persons 
as may have occasion to" use such road or highway. 

Sect. 4th. Be it further Enacted that the mode of 
transferring shares in said Corporate property, shall be 
by Deed acknowledged before a Justice of the Peace and 
recorded by the Clerk of said Proprietors, in a book to be 
kept for that purpose ; and when any share or shares of 
said Property shall be attached on mesne process, an at- 
tested copy of such process shall at the time of the attach- 
ment, be left with the Proprietor's Clerk ; otherwise such 
attachment shall be void ; and such shares may be sold on 
execution, in the same manner as is or may be by law pro- 
vided for the sale of personal property by execution ; the 



Acts, 1796. — Chapter 49. 85 

officer making the sale, leaving a Copy of the Execution, 
& of his return on the same with the Clerk of the Pro- 
prietors within thirt}' days after such Sale. 

Sect. bin. Be it further Enacted, that any person in- Penalties for 
juring said Aqueduct shall be subject to the same penalties Aqueduct. 
as are provided in the second Section of the Act entitled 
' ' An Act for the more effectually preventing of Trespasses 
in divers cases," passed the twenty third day of November, 
in the year of our Lord one thousand seven hundred & 
eighty five ; and shall also l)e liable to make good all 
damages so done to the said Proprietors. 

Approved February 20, 1797. 

1796. — Chapter 49. 

[January Session, ch. 16.] 

AN ACT TO DIVIDE THE TOWN OF HALLO WELL IN THE COUNTY 
OF LINCOLN INTO TWO TOAVNS, AND TO INCORPORATE THE 
NORTHERLY PART THEREOF INTO A TOWN BY THE NAME 
OF HARRINGTON. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in Gener'al Court Assembled, and by the 
authority of the same, that the town of Hallowell in the Haiioweii 
County of Lincoln be, and the same hereby is divided into 
two seperate and distinct towns ; and the Northerly part 
thereof bounded as follows vizt. beginning at the North- 
west corner of the said Town of Hallowell thence running 
Easterly on the North boundary line thereof to the North 
East corner of the same town, thence running Southerly 
on the East boundary line thereof, to the line dividing the 
middle and south parishes in said Hallowell, thence run- 
ning Westerly on the line dividing said parishes untill it 
strikes the publick road which leads from said south parish 
to Winthrop, thence running North North East to the 
Northerly line of lot No. two in the second range of lots 
west of Kennebeck river, thence running West North 
West to the North West Corner of [of] lot No. three in the 
third range, thence running Northwesterly a strait course 
to the South East Corner of lot No. one hundred & two, 
thence running West North West to the South West 
Corner of lot No. one hundred and one, thence running 
Northerly on the Westerly side of the last mentioned lot 
to the North West Corner of the same, thence running 
West North West to the Westerh' 1)oundary line of said 
Hallowell, thence running Northerly on the Westerly line 



86 



Acts, 1796. — Chapter 49. 



Harrington 
incorporated. 



Taxes to be 
paid in equal 
moieties. 



Debts due or 
owing to 
jointly paid 
or received. 



Proviso. 



Expence of 
poor to be 
proportioned. 



Inhabitants 
not to be 
deprived of 
certain privi- 
leges. 



of said Hallowell to the bound first mentioned, together 
with the inhabitants thereon and also Nathaniel Floyd 
with his estate, be, & the same hereby are incorporated 
into a distinct and seperate town by the name of Harring- 
ton, with all the powers privileges and immmiities, which 
other towns within this Commonwealth, do or may by law 
enjoy. 

Sect. 2d. jBe it farther enacted. That until 1 a new 
general valuation shall be taken, the state taxes which 
may be required of said towns, shall be levied on and paid 
in equal moieties by said Towns of Hallowell and Har- 
rington. 

Sect. 3d. Be it further enacted, that the Inhabitants 
of the said Town of Harrington, shall pay all their arrears 
of taxes which have been assessed upon them together 
with an equal proportion of all debts now due and owing 
from the said town of Hallowell — And shall be entitled 
to receive an equal proportion of all debts and monies now 
due & owing to the said town of Hallowell; — And said 
towns respectively shall be entitled to an equal proportion 
of a lot of land voted l)y the proprietors of the Kennel)eck 
purchase to the town of Hallowell for the use of the Min- 
istry in said Town. Provided always that nothing in this 
Act contained shall extend or be construed to extend to 
deprive either of said Towns of their right to a just pro- 
portion of all public property belonging to said towns, 
which by law they were entitled to at the time of the pass- 
ing of this Act. 

Sect. 4th. Be it further enacted, that the inhabitants 
of the said towns of Hallowell & Harrington shall lie 
chargeable in equal proportions with the expence of sup- 
porting the poor which at the time of passing this Act 
were the proper charge of the town of Hallowell. 

Sect. 5th. Be it further enacted, that nothing in this 
Act contained shall extend or be construed to extend to 
deprive any of the inhabitants of either of said towns of 
Hallowell & Harrington who have taken the benefit of an 
Act dividing the Town of Hallowell into three parishes, 
made & passed the fourteenth day of June in the year of 
our Lord One thousand seven hundred and ninety four, 
of any rights, priviledges or immunities which they now 
enjoy by force of the same act. 

And whereas the Courts of Common Pleas, Courts of 
General Sessions of the Peace, and Supreme Judicial 
Courts have heretofore been holden in that part of the 



Acts, 1796. — Chapter 50. 87 

town of Hallowell, which is hereby incorporated — And 
whereas the General convenience of the County, and the 
accommodation of said Courts may hereafter require their 
removal to the said town of Hallowell — 

Sect. 6th. Be it further enacted, that the several courts to Bet 
Courts aforesaid shall continue to be holden in the said ^ »"°8o°- 
town of Harrino-ton untill the further order of the Legisla- 
ture ; and all writs, precepts, & Judicial proceedings what- 
ever, which are, or may be returnable to the Courts afore- 
said, shall be accepted, adjudged and considered by said 
Courts in said town of Harrington, any law to the contrary 
notwithstanding. 

Sect. 7th. Be it further enacted, that William Brooks wiiuam 
Esqr. be & he is hereby empowered to issue his Warrant, i^sue w'a?rlnt!° 
directed to some principal inhabitant of the said town of 
Harrington, requiring him to warn the inhabitants of the 
said Town of Harrington, qualified to vote in town aftairs 
to assemble at some suitable time and place in said town to 
choose all such town officers, as towns are by law author- 
ized to choose in the Months of March or April Annually, 
& to transact such other matters & things as may be nec- 
essary & lawfuU at said meeting. 

And whereas in consequence of the aforesaid division 
there will remain but one Selectman in said town of Hal- 
lowell. — 

Sect. 8th. Be it further enacted by the authority 
aforesaid, that Nathaniel Dummer Esqr. the Selectman re- n. Dummer, 
maining within said town be & he is hereby vested with meetin'^gin 
all the power, which a Majority of said Selectmen would saiioweii. 
have had, so far as relates to the calling the annual Meet- 
ing thereof in March or April next. 

A2yproved February 20, 1797. 

1796. — Chapter 50. 

[January Session ch. 17.] 

AN ACT TO REMEDY AN OMISSION OF FORM IN THE OPENING 
OF THE COURT OF GENERAL SESSIONS OF THE PEACE FOR 
THE COUNTY OF MIDDLESEX AT THE NOVEMBER TERM 
THEREOF, IN THE YEAR OF OUR LORD ONE THOUSAND, 
SEVEN HUNDRED AND NINETY-SIX. 

Whereas the Court of General Sessions of the Peace Preamble. 
ivhich by Law 2vas to have been holden at Cambridge, 
luithin and for the County of Middlesex, on the Monday 
next pi^eceding the last Tuesday of November in the Year 
of our Lord one thousand, seven hundred and ninety six^ 



88 Acts, 1796. — Chapter 51. 

was not formally opened until the day following ; whereby 
some doubts have arisen relative to the legality of the ad- 
judications, orders and proceediyigs made, done and passed 
upon by said Court at said Term: For the removal 
whereof, — 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority 
Ina^rlllT^' of the sarne, That the adjudications, orders and proceed- 
vaiid. ings of the Court of General Sessions of the Peace for the 

County of Middlesex, made, done and passed upon by 
said Court at Cambridge aforesaid at the term thereof in 
November aforesaid, shall be, and hereby are confirmed 
and made valid in Law to all intents and purposes, in the 
same manner as if the said Court had been opened on the 
first day of the term thereof in the usual form ; and all 
persons concerned are hereby directed to govern them- 
selves accordingly, 
which^rema^' And be it further Enacted that all processes, matters & 
day1!t'next^''^^ tilings, suits, indictments and appeals which were pending 
Court at Con- in the said Court of General Sessions of the peace at said 
term, and not then adjudicated, ordered or passed upon, 
shall stand continued to and have day at the Court of 
General Sessions of the Peace next to be holden at Concord 
within & for the County of Middlesex on the Monday 
next preceeding the third Tuesday of March next ; and all 
parties concerned are hereby directed to govern themselves 
accordingly. Approved February 20, 1797. 

1796. — Chapter 51.* 

[January Session.] 

AN ACT FOR APPORTIONING cS: ASSESSING A TAX OF ONE 
HUNDRED & THIRTY THREE THOUSAND, THREE HUNDRED 
& EIGHTY ONE DOLLARS & FIFTY THREE CENTS; cS^ PRO- 
VIDING FOR THE RE(-)IMBURSEMENT OF TEN THOUSAND 
THREE HUNDRED & SIXTY EIGHT DOLLARS, PAID OUT OF 
THE PUBLIC TREASURY TO THE MEMBERS OF THE HOUSE 
OF REPRESENTATIVES FOR THEIR ATTENDANCE THE TWO 
LAST SESSIONS OF THE GENERAL COURT. 

Be it enacted by the Senate <& House of Bejiresenta- 
tives in General Court Assembled, & by the authority of 
the same. That each Town, District, Plantation and other 
place herein after named within this Commonwealth, 
shall be assessed & pay the several sums, with which they 
stand respectively charged in the following Schedule vizt. 

* Not printed in session pamphlet. 



Acts, 1796. — Chapter 51. 



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Acts, 1796. — Chapter 51. 107 

Aiul be it further Enacted that the Treasurer of this 
Couiiiionwealth, do forthwith send his warrants, directed 
to the Selectmen or Assessors of each Town, District or 
Phmtation, 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 or 
Plantation, or other place, in manner following: — that 
is to say, all the male })olls above the age of sixteen 
Years within, their respective Towns, Districts, Planta- 
tions 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 govern- 
ment of a Master or Mistress, to be taxed to such Mas- 
ter or Mistress respectively at twenty eight cents each ; 
& the remainder of such sum so set to each Town, Dis- 
trict, Plantation or other place respectively, as aforesaid 
(after deducting the sums assessed on the Polls as afore- 
said) to assess on the Inhabitants of such Town, District, 
Phmtation or other place, as aforesaid, according to the 
just value of the real estate of each Inhabitant of such 
Town, District, Plantation or other place respectively l)y 
him, her or them possessed on the first day of May next, 
in his, her or their own right, or rights of others, lying 
within the said Town, District, Plantation or other place 
improved or not improved ; & on the non resident pro- 
prietors of Eeal estate, lying within such Town, District, 
Plantation or other i)lace, in their own right or the riijht 
of others, improved or unimproved ; saving all agree- 
ments between Landlords & Tenants, cS; where no agree- 
ment is, the Landlord to reimburse such Tenant one 
half of such Tax ; and also on the Inhabitants of such 
Town, District, Plantation or other Place, & 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, altho' the same be 
secured by an absolute conveyance of real estate, if a 
bond of defeasance or promise of conveyance has been 
given; & all other debts due, more than they are in- 
dcl)ted for, Money of all kinds on hand, Pul)lic Securities 
of all kinds, & Bank Stock, held in any Bank, according 
to the just value thereof, & also the just amount of the 



108 Acts, 1796. — Chapter 51. 

Value of all Goods, wares & merchandize, Stock in Trade, 
Vessels of all sorts at home & abroad, with all their 
stores & appurtenances, mules, horses, neat cattle, each 
of one year old & upward, & swine of six months old 
& upward, & all other property of the several kinds re- 
turned in the last valuation, (excepting Sheep, household 
furniture, wearing apparel, farming utensils, & tools of 
Mechanics) on the said first day of May. And the Assess- 
ors of the respective Towns, Districts, Plantations and 
other places as aforesaid, shall estimate all the before enu- 
merated articles at six per Centum upon the real value 
thereof, in the places where they are, (excepting unim- 
l)roved lands, which shall be estimated at Two per Centum, 
where they are situated,) & 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 Avarrants, shall likewise require the 
said Assessors respectively, to make a fair list of such 
Assessments, setting forth in distinct colum[n]s, against 
each person's name, how much he or she is assessed for 
Polls, how much for real Estate & how much for personal 
Estate & income as aforesaid ; & if as Guardian, or for an}^ 
estate in his or her possession in trust, to be distinctly ex- 
pressed ; & also to insert in their Rate-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 ; & the list or lists so completed & signed by them in 
manner as aforesaid, or by the major part of them, to com- 
mit to the Collector or Collectors, Constable or Constables 
of such Town, District Plantation or other place respec- 
tively, with a Warrant or Warrants in due form of Law, 
for collecting & paying the same to the Treasurer of this 
Commonwealth on or before the first day of April, in the 
Year of our Lord, Seventeen hundred & ninety eight ; and 
also to return a Certificate of the name or names of such 
Collector or Collectors, Constable or Constables, with the 
sum total committed to them respectively to collect, to 
the said Treasurer, some time before the first day of 
December next. 

And whereas there are many persons Avithin this Com- 
monwealth, who are engaged in Trade, & who almost 



Acts, 1796. — Chapter 51. 109 

entirely negotiate their business, & hire shops, stores & 
wharves in other Towns than where they dwell or reside, 
and whose i)roperty and a])ility in this regard, cannot l)e 
so well known to the assessors of the several Towns, Dis- 
tricts 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, & pay taxes for such of their Goods, wares & 
merchandize, stock in trade, Ships & Vessels as are sold, 
used & impi'oved in such Towns other than where they 
reside, and not in the Towns where such persons dwell or 
reside ; & they shall accordingly give in on oath, if re- 
quired, a list of their whole Estates respectively 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 
of such Towns or places where they respectively reside or 
have their home : — Provided ahvai/s, 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 viz. the President, Professors, Tutors, 
Librarian, & Students of Harvard, Williams and Bowdoin 
Colleges, who have their usual residence there, and who 
enjoy no other pecuniary Office or employment ; also 
ministers of the Gospel & Latin grammer 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 College 
& Bowdoin College in this Commonwealth are not to be 
assessed for the same ; nor Indians for their Polls & Es- 
tates ; & if there be any others, who by reason of age, 
infirmity or Poverty, are unable to pay towards the public 
charges, and in the judgment of the assessors ought to be 
relieved in their taxes, in any such case the Assessors re- 
spectively may exempt the Polls [of] [^and'\ estates of such 
persons, or abate any part of what they are set at, as they 
on their oaths, shall deem just & equitable. 

And be it further Enacted, that the Justices of the Peace 



110 Acts, 1796. — Chapter 51. 

at their several Sessions in their respective Counties, when 
duly authorised for the Assessment of a County Tax shall 
apportion the same on the several towns, districts, planta- 
tions, and 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, 
parish, or Society taxes, shall govern themselves by the 
same rules, and assess the polls in their respective towns, 
parishes or Societies 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 
assessing the Tax laid by this Act. 

Provided ahoaySy that it shall & may be lawful for any 
town, district, or plantation, to levy make & collect, any 
County, town, parish, or Society Tax, & for that pur- 
pose to cause a valuation to l)e 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 Assessors of the several towns, which 
by this Act are charged with the pay of Representatives, 
shall assess such additional sum on the Polls & Estates as 
aforesaid, within their respective towns, & shall apportion 
the same in the same proportion at which such Polls & 
Estates shall be respectively set for raising the sum of 
One hundred & thirty three thousand, three [Jmndred'\ & 
Eighty One Dollars, & fifty three Cents. 

And be it further 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 Plym- 
outh Company so called, & 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 & Assigns 
of the late Brigadier Waldo, also of the Lincolnshire 
Company or Twenty Associates, and of the Ten original 
Proprietors so called ; all which sums are to be collected 
in the same manner as collectors or constal)les, are author- 
ized & directed to proceed in collecting the Taxes laid 
on non resident proprietors of unimproved lands, & to be 
paid into the Treasury of this Connnonwealth on or before 



Acts, 1796. — CiiArTER 52. Ill 

the first day of April in the year of our Lord Seventeen 
hundred & ninety eight. 

Arid be it further Enacted that no order shall be drawn 
by the Treasurer of this Commonwealth, on any Constable 
or Collector of this Tax for any part of the Same. 

And he it further Enacted, that Twenty thousand Dollars 
of the sum Ordered to be assessed & paid by this Act, 
be & hereby is appropriated towards paying the Interest 
on the Public Debt, & the residue for defraying the Ex- 
pences of Government. Approved February 22, 1797. 

1796.— Chapter 53. 

[January SesHion, ch. 18.] 

AN ACT TO PREVENT THE DESTRUCTION OF THE FISH CALLED 
BASS, IN THE RIVER PARKER IN NEWBURY, & IN ROWLEY 
RIVER, & IN THE STREAMS & WATERS RUNNING INTO THE 
SAME IN THE COUNTY OF ESSEX. 

Be it enacted by the Senate & House of Representatives 
in General Court Asseynbled, & by the Authority of the 
same. That on & after the first day of December next, if Time limited 

, 1, . , . , , in which Bass 

any person or persons shall catch in any manner whatever, may be caught. 

any of the Fish called Bass, in any part of the Eiver Parker 

in Newbury, or in Rowley River, or in any of the Streams 

or Waters running into the same, or shall offer them for 

Sale, between the first day of Deceml)er &, the first day of 

March annually, he or they so offending, shall forfeit & 

pay one Dollar for each of the Bass so caught or offered 

for sale as aforesaid. 

Be it further enacted, that all fines & penalties which Penalties how 
may be incurred by a breach of this Act, shall be recovered '" ""^ recovered. 
before any Justice of the Peace of the County of Essex 
with costs of suit, for the use & benefit of the Prosecutor 
— And it shall be the duty of the Fish Wardens of said 
Towns of Newbury & Rowley, to see that this Act is 
carried into effect ; & any other person may complain & 
prosecute for breaches of this Act. 

Be it further enacted, that the Inhabitants of the Town FishWardens 
of Rowley aforesaid, shall at their Annual Meetings ° eappome. 
legally assembled choose one or more Fish Wardens, whose 
duty it shall be to see that this Act is carried into effect 
as aforesaid, & who shall be sworn to the faithful discharge 
of that trust in the same manner as other Toavu officers 
are sworn. Approved February 22, 1707. 



112 



Acts, 1796. — Chapters 53, 54. 



Price to be 
regulated by 
selectmen, &c. 



Penalty for 
illegal exaction. 



Part of a former 
Act repealed. 



1796. — Chapter 53. 

[January Session, oh. 20.] 

AN ACT TO REGULATE THE PRICE OF FISH CALLED ALEWIVES 
IN THE TOWN OF TAUNTON. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court Assembled and by the 
authority of the same, that from and after the passing of 
this Act tlie Selectmen of the town of Taunton, for the 
time being together with any two Justices of the peace in 
and for the County of Bristol, (piorum unus, be and they 
are hereby authorized and empowered from time to time, 
as they shall Judge proper to regulate the Price of the 
fish called Alewives taken in Taunton great river, so called, 
which price when so regulated shall be recorded on the book 
of records of said town by the Clerk thereof. 

Sect. 2d. And be it further enacted by the authority 
aforesaid, that if any person after the passing of this Act 
shall presume to sell such fish at a greater price than may 
be established for the time being as aforesaid, he shall for- 
fiet and pay to the use of said town for each hundred of 
such fish so sold, a fine of five dollars, and so in propor- 
tion, for a greater or less number, to be sued for & recov- 
ered l)efore any justice of the Peace in & for said County 
or any other Court proper to try the same, l)y the town 
Treasurer of said town. And no person shall be disquali- 
fied from being a Witness in any such suit by reason of 
his or her being an inhabitant of said Town. 

Sect. 3t). And be it further Enacted, that so much of 
an Act passed on the nineteenth day of March in the year 
of our Lord One thousand seven hundred & ninety three 
as regulates the price of said fish, taken in said river, be 
and the same is hereby repealed. 

Ap-proved February 23, 1797. 



1796. — Chapter 54. 

[January Session, ch. 19.] 

AN ACT TO DEVIDE THE TOWN OF STOUGIITON IN THE COUNTY 
OF NORFOLK, AND TO INCORPORATE THE NORTHERLY PART 
THEREOF INTO A TOWN BY THE NAME OF CANTON. 

Section 1st. Be it enacted by the Senate and House 

of Representatives, in General Court Asse7nbled, And by 

Incorporated. ^^'^ Authority of the same, that all the North part of the 

Town of Stoughton in the County of Norfolk, on the 



Acts, 1796. — Chapter 54. 113 

Northerly side of the following described line, be, incor- 
porated into ca Town by the name of Canton, beginning Boundaries. 
at the Parish line between the first and second Parishes in 
said town of Stoughton at the Westerly line of Randolph, 
thence running Westerly on said Parish line untill it comes 
to the road leading from the first to the second parish in 
said Stoughton, near Ephraim Smith's thence Northerly 
by said road to Ephraim Smith's lane so called, thence 
Westerly by said lane untill it comes to said Smith's Land, 
then Southerly & westerly in the range of the said Smith's 
& Lemuel Gay's Land, untill it comes to steep brook so 
called, then on said brook a Southerly course untill it 
comes to Moses Gay's Land, thence in the ranges of the 
said Gay's & Smith's Land, untill it comes to the Land 
belonging to Elijah Dunbar Esqr. , thence in the range of 
said Dunbar's & Gay's Land untill it comes to Land be- 
longing to William Holmes, thence in the range of the 
said Holmes' & Dunbar's Land, until it comes to Land 
belonging to Joseph Belcher, then in the range of said 
Belcher's & Holme's land, untill it comes to Taunton Road, 
at the Northeasterly corner of the Town of Sharon, with 
all the inhabitants living thereon, be, and hereby are in- 
corporated into a seperate town by the name of Canton, 
with all the powers, priviledges and immunities that Towns 
within this Commonwealth do or may enjoy. 

Sect. 2d. Be it further enacted by the Authority afore- 
said, that the inhabitants of the said Town of Canton, shall ^o"PerD"°o''^ 
pay all the arrears of Taxes which have been Assessed bemutuaiiy 
upon them by the Town of Stoughton, together with their 
proportion of all debts, due from said Town of Stoughton, 
and shall be entitled to receive their proportion of all debts 
and monies now due to said Town of Stoughton, and also 
their proportionable part of all other property, of the said 
Town of Stoughton, of what kind or description soever, 
& the apportionment of all debts, dues and other public 
property between the said towns shall be made according 
to their proportion in the last state tax. 

Sect. 3d. Whereas the Town of Stoughton has been 
at a very great ex]5ence in endeavouring to procure a free 
and uninterrupted passage of the Fish called al[e] wives, up 
into the ponds called Ponkapoag & Massapoag, in the 
towns of Canton and Sharon, and whereas the rivers lead- 
ing to said Ponds do not enter the Town of Stoughton 
therefor. Be it further enacted by the Authority aforesaid, 
that the town of Stoughton shall have their proportionable 



114 



Acts, 1796. — Chapter 55. 



Stoughton to 
share In the 
Alewife 
Fishery of 
Canton. 



First Meeting. 



Jabez Tolbot to 
call Meeting 
in Stoughton. 



Canton's 
proportion 
of Taxes. 



part with the town of Canton, of all profits & emoluments, 
that may hereafter arise by the al[e]wive Fishery, within 
the town of Canton, And shall be holden to pay their pro- 
portion of all cost and charges that may arise on account of 
said Fishery ; And the Fish Committees of the towns of 
Canton and Stoughton shall have the same power of regu- 
lating all affairs, relative to said Fishery, agreeable to such 
Act or Acts, as is or may be passed for regulating the 
same, which the Committee of the town of Stoughton, 
would have had if this Act had never passed. 

Sect. 4th. Be it fui-ther enacted by the Authority 
aforesaid, That Thomas Crane Esq. be and he hereby is 
impowered, to issue his Warrant, directed to some princi- 
pal inhabitant of the Town of Canton, requiring him to 
notify and warn the inhabitants of the said Town of Can- 
ton, to assemble and meet at some suitable place in said 
town to choose all such town officers, as towns are required 
to choose in the Months of March or April annually. 

And whereas in consequence of the aforesaid division 
there will remain only one selectman in said town of 
Stoughton ; 

Sect. 5th. Be it enacted, that Jabez Tolbot, the 
Selectman remaining within said Town be, and he is 
hereby vested with all the powers, which a Majority of 
said Selectmen would have had, so far as relates to the 
calling the annual meetinos in the Months of March or 
April next. 

Sect. 6th. Be it enacted by the Authority aforesaid, 
that the said Town of Canton, shall pay two pounds, two 
shillings, & seven pence, on each Thousand Pounds, raised 
by taxes in this Commonwealth, and that the same sum 
shall be deducted from the proportion, that the Town of 
Stoughton paid agreeable to the last valuation. 

Apinoved February 23, 1797. 



Persons 
incorporated. 



1796. — Chapter 55. 

[January Session, ch. 21.] 

AN ACT TO INCORPORATE THE WARDENS AND VESTRY-MEN 
OF THE EPISCOPAL CHURCH OF ST. ANDREW^S IN SCITUATE 
INTO A SOCIETY BY THE NAME OF THE EPISCOPAL PROTES- 
TANT SOCIETY OF ST. ANDREWS CHURCH IN SCITUATE. 

Sect: 1. Be it Enacted by the Senate & House of 
Representatives in General Court assembled & by the 
authority of the same, that Charles Bailey & Thomas 



Acts, 1796. — Chapter 55. 115 

Bastow junr. Church Wardens, & Stephen Bailey, 
Mordecai Ellis, Nathaniel Ellis, Clark Ellis, Nathaniel 
Stetson, Samuel Donnel, George Bailey, George Bailey 
junr. Benjamin Mann, Job Curtis, Levi Mann, Job 
Sylvester, Nathaniel Clark, Nathaniel Sylvester, Isaac 
Perry, Charles Stockbridge, Benjamin James, Benjamin 
James junr. and Abijah Otis, Vestry-Men, with the other 
proprietors of St. Andrews Church in Scituate, residing 
in Scituate, Hanover, Pembroke & in towns and places 
adjacent, & their Successors, together with their polls & 
Estates, be and they hereby are incorporated into a 
Society or Body Politic, by the name of the E})iscopal 
Protestant Society of St. Andrews Church in Scituate. 
And the said Society are hereby invested with full power May make 
& authority to assess & collect of the Members belonging "^ 
to said Society for the purpose of maintaining the public 
worship of God therein and for maintaining and support- 
ing their Instructor of Piety, Religion & Morality, & for 
repairing their house of public worship from time to time, 
such monies as are or may be necessary for those pur- 
poses ; and they are hereby vested with all such powers, 
privileges & immunities as Congregational Societies do or 
may enjoy by the Laws of this Commonwealth. 

Sect. 2. And be it farther Enacted by the authority 
aforesaid, that if any other person or persons may incline persons may 
to join said Episcopal Society in Scituate aforesaid, by eeiverwith"^ 
signifying such his or their desire in writing to the i^^e society. 
respective Clerks of the several Towns to which he or 
they may respectively belong, he or they, with his or 
their polls & estates shall be considered as belonging to 
the said Episcopal Society in the same manner as though 
he or they were incorporated by name in this Act. And ,^avl°the™*^ 
whenever any Person or Persons belonging to said Epis- society. 
copal Society, shall incline to belong to the Congregational 
Society in the Town in which he or they may respectively 
reside, by signifying such his or their desire in writing, 
to the Clerk of the Town in which he or they may 
respectively reside, he or they, with his or their Polls & 
Estates, shall be discharged from said Episcopal Society 
<fe annexed to the Congregational Society in the Respective 
Towns in which he or they may then reside. 

Sect. 3. And be it further Enacted that Melzar Cur- First Meeting. 
tis Esqr. of Hanover be and he hereby is empowered to 
issue his Warrant, directed to some principal Proprietor 



116 



Acts, 1796. — Chapter 56. 



of said Church, to warn the proprietors of said Cliurch to 
assemble & meet at some suitable time & place in the 
Town of Scituate, to choose all such officers as other in- 
corporated Keligious Societies are empowered & required 
to choose at their annual Meetings in the months of 
March or April Annually. 

Ajyproved February 23, 1797. 



Pereons 
incorporated. 



1796— Chapter 56. 

[January Session, ch. 22.] 

AN ACT TO INCORPORATE A NUMBER OF INHABITANTS OF THE 
TOWN OF SANDISFIELD IN THE COUNTY OF BERKSHIRE INTO 
AN EPISCOPAL SOCIETY. 

Sect. 1. Be it Unacted hy the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, that John Hubbard, Nathaniel 
Hubbard, Joseph Buel, Timothy Warner, Francis Dodge, 
James Servants, Obediah Deland, Eeuben Bucknam, 
Thomas Abba, Elisha Hase, James Butler, Eliphalet 
Holman, Josiah Hubbard, Daniel Parker, Seth Miller, 
John Hubbard, junr., Elam Pease, Amos Sears, Theophilus 
Hubbard, John Deland and Francis Pease, together with 
their Polls and Estates be and they hereby are incor- 
porated by the name of the Episcopal Society in Sandis- 
field, with all the privileges, powers and immunities 
which Parishes in this Commonwealth are by Law en- 
titled to. 

Sect. 2. Be it further Enacted, that if any person or 
persons in the town of Sandisfield aforesaid, being of the 
Episcopal Denomination, who shall hereafter unite in 
Religious Worship with said Episcopal Society, shall 
leave a Certificate, signed by the Minister or Clerk of 
said Society, with the Clerk of said Town, that he or she 
has actually become a Member of, and united with, said 
Episcopal Society, fourteen days previous to the annual 
Meeting in said Town, to be held in the month of March 
or April, such person shall, from and after giving such 
Certificate, be considered together with his her or their 
Polls & Estates as belonging to said Society : Provided 
however, that such persons shall be holden to pay their 
proportion of all monies that shall have been assessed or 
voted in said town. 
Monies assessed Sect. o. Be it Euactcd, that all monies assessed for 
dents, how to be the purposc of Supporting the Gospel, on Non-resident 

appropriated. ^ ^ i i o i ' 



Other persons 
may join the 
Society. 



Acts, 1796. — Chapter 57. 117 

Proprietors estates, lying in the Town of Sandisfield, 
that are of the Episcopal Denomination, shall be appro- 
priated to the use of said Society. 

Sect. 4. Be it further Enacted, that when any person Persons may 
belonging to said Society, shall see cause to leave the soJiet^yf 
same and unite with any other Religious Society in said 
Town, and shall leave with the Clerk of said Episcopal 
Society a Certificate of the same, signed by the Minister 
or Clerk of the Parish, or other incorporate Religious 
Society, with which he or she has united, fourteen days 
previous to their annual meeting, in the month of March 
or April, and shall pay all monies that shall have been 
assessed or voted in said Episcopal Society, shall be con- 
sidered together with his or her Polls & Estates, as be- 
longing to the Society to which he or she has so united. 

Sect. 5. Be it further Enacted that Drake Mills Esqr. First Meeting. 
be, and he hereby is authorized to issue his Warrant 
directed to some principal Member of said Society, 
requiring him to warn the members thereof, qualified to 
vote in Parish aflairs, to assemble at some suitable time 
and place in said Town of Sandisfield, to choose 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 February 27, 1797. 

1796. — Chapter 57. 

[January Session, ch. 23.] 

AN ACT TO REPEAL ALL FORMER LAWS MADE FOR THE PRES- 
E[i?]VATION OF MOOSE & DEERW^ITHIN THIS COMMONWEALTH 
EXCEPT AS IS HEREIN AFTER EXCEPTED. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court Assembled, and by the Authority 
of the same. That all Laws heretofore made in this Com- Laws repealed. 
monwealth for the preservation & increase of Moose & 
Deer (except an Act intitled "An Act for the preser- Exceptions, 
vation and increase of Moose & Deer on Tarpolin-Cove 
Island and Nennemesset Island lying and being in the 
County of Dukes County," & excepting also an Act for 
the protection and security of the Sheep and other stock 
on the Islands aforesaid, and several small Islands con- 
tigious situated in the said County of Dukes County and 
also excepting the several Acts revivino- & continuing the 



118 



Acts, 1796. — Chapter 58. 



two first mentioned Acts in force) be & the same are hereby 
repealed, excepting that the same shall remain & continue 
in force so far as may be necessary for the recovery of any 
fines & forfietures already incured by force thereof. 

Approved February 27, 1797. 



Unincorporated 
plantations 
to be under the 
Bame regula- 
tions as to 
highways as 
incorporated 
towns. 



Proprietors 
of unincorpo- 
rated lands to 
keep highways 
through the 
same in repair. 



Exception. 



1796. — Chapter 58. 

[January Session, ch. 24.] 

AN ACT, IN ADDITION TO THE SEVERAL ACTS NOW IN FORCE, 
RESPECTING HIGHWAYS. 

Sect. 1. Be it Enacted hy the Senate & House of 
Representatives in General Court assembled and hy the 
authority of the same, that the Inhabitants of Plantations 
unincorporated who are or shall be empowered & required 
to assess Taxes upon themselves towards the support of 
Government, or for defraying the charges of any County, 
shall be vested with like poAvers, be under the like obli- 
gations, & liable to like penalties, so far as such powers, 
obligations & penalties have any relation to the making, 
repairing or amending the highways, & for compensating 
any Individual who may suffer damage by laying out any 
highway, as the Towns Avithin this Commonwealth have, 
are under, or subject to ; and like proceedings shall be 
had by and against such Plantations as may be had by or 
against said Towns, in every case respecting the highways, 
7nutatis inutandis. And the Assessors of such Plantations 
shall be held to perform all the duties required of the 
Selectmen of Towns relating to highways and invested 
with the same powers. 

Sect. 2. And he it further Enacted, that all high- 
ways laid out, or hereafter to be laid out, through any 
Tracts of land in the Commonwealth not comprehended 
Avithin the bounds of any incorporated Town or Plantation 
aforesaid, shall be made passable & convenient for travel- 
ling, & ke[)t in good repair by the Owners or Proprietors 
of the said Tract of Land, ToAvnship, or Plantation ; unless 
in the judgement of the Court of General Sessions of the 
Peace for the County in Avhich such lands lie, it may be 
deemed unreasonable ; in Avhicli case the same shall be done 
at the expence of the County, or partly at the expence of 
the Count}^ & partly at the expence of the proprietors, as 
the said Court shall order. And all the proprietors or 
owners of such Tracts of Land, Townships or Plantations 



Acts, 1796. — Chapter 58. 119 

last mentioned, shall be held to pay their proportions ac- Expense to be 
cording to their interest of all cost & expences of making ''PP°"'o'^ed. 
and repairing the ways aforesaid, thro' any part of the 
Tracts, Townships, or Plantations last mentioned. Pro- Proviso. 
■ vided nevertheless, that all lands reserved for the use of 
the first settled Minister, the ministry, schools, or for the 
future appropriation of the General Court, in the said 
Tracts, Plantations, & Townships last mentioned, shall 
be & hereby are exempted from all Taxes for making & 
repairing highways therein. 

Sect. 3. Be it farther Enacted, that the Courts of court may lay 
General Sessions of the peace in the several Counties in ways or order 
this Commonwealth, whenever application shall be made ones"t°expense 
to them to lay out any new highway, thro' any such tract, ^'f proprietors. 
township or plantation last mentioned, or for an order 
thereof to amend and repair any highway already laid 
out in the same, the said Court shall cause notice thereof 
to be given, by publishing the substance of such applica- 
tion three weeks successively in one of the Newspapers 
printed in the Town of Boston, & such other paper as the 
said Court shall direct, in order that the proprietors of 
said lands may appear before said Court, at such time as 
the Court shall therein prefix, and shew cause why such 
highway should not be laid out or amended as the case 
may be. And if such Proprietors do not appear & shew 
cause to the satisfaction of said Court, that such highway 
ought not to be laid out or made or amended at the ex- 
pence of said Proprietors, then the said Court may pro- 
ceed to lay out such highway in the manner prescribed by 
Law, and to order the same to be made or amended at the 
expence of the said Proprietors as the case should require ; 
& shall cause an assessment to be made on such tracts of Expense to be 
Land, Township or Plantation, at so much per acre as assissed?"^ ^ 
they shall judge necessary lor making or amending such 
highway, & defraying the necessary expence attending 
the same ; and the proprietors of the said Tracts, Town- 
ships or Plantations last mentioned, where the Lands 
therein are held in severalty, shall be severally assessed 
their respective proportions in every Tax which may be 
ordered for making or repairing the highways therein ; 
Provided such Proprietors shall previously furnish said Proviso. 
Court with proper documents for that purpose ; & the 
Treasurer of the County wherein the land so assessed may Tax to be 
lie, shall forthwith cause such tax to be advertized in man- 



120 



Acts, 1796. — Chapter 58. 



In default of 
payment, land 
to be sold at 
auction. 



Time of sale 
may be ad- 
journed. 



Meetings to 
be called for 
raising neces- 
sary sums. 



Surveyors' 
limits to be 
assigned. 



ner aforesaid, requiring each and every ownner or Propri- 
etor of any part of the Tract, Township or Plantation last 
mentioned, to pay said Tax, or if the Assessment is made 
in severalty, his part thereof, to said Treasurer within six 
months from the first publishing said advertizement, & 
notifying such Proprietors, that unless the same shall be 
paid within the time specified, so much of the said Land 
will be sold at public Vendue, at a certain day and place 
in the said advertizement to be expressed ; and when any 
Proprietor or Owner of any part of such Tract, Township 
or Plantation last mentioned, (the parts thereof not being 
severally assessed) shall pay his proportion of such Tax, 
he shall take a receipt therefor, describing the land for 
which he shall pay such Tax ; & so much of the remaining 
part of such land for which said Tax shall not be paid, 
before the expiration of the said six months, shall be sold 
by the Treasurer aforesaid, or his Successor in Ofiice, or 
such Committee as the Court of General Sessions of the 
peace aforesaid shall appoint for that purpose, at the time 
& place set forth in the advertizement, as may be neces- 
sary to pay the remaining part of said Tax with incidental 
charges. And the said Treasurer or Committee are hereby 
authorized to adjourn the time of sale of such land from 
day to day, if he or they shall judge it necessary, not ex- 
ceeding three days, & make a good & suflScient deed or 
deeds of such lands, allowing the same time of redemp- 
tion, and subject to the payment of the like interest as is 
by law allowed in the cases of Land sold for taxes ; & the 
money so raised shall be applied by said Court, or by a 
Committee to be by them appointed for that purpose to 
make & repair said highways. And a similar method shall 
be taken from time to time by said Court, for keeping 
in repair all highways leading thro' such Tracts, Town- 
ships or Plantations last mentioned, in case the owners 
thereof shall neglect to keep said highway in sufiicient re- 
pair. And the Owners & Proprietors of any such Tra[c]t, 
Township or Plantation last mentioned, are hereby author- 
ized to call meetings for the purpose of raising such sums 
of money as they may judge necessary for making and re- 
pairing such highways, & for choosing ofiicers for assess- 
ing and collectino; the same. 

Sect. '4. Be it further Enacted, that it shall be the 
duty of the Selectmen of the several Towns & Districts 
and of the Assessors of the several Plantations within this 



Acts, 1796. — Chapter 58. 121 

Commonwealth, before the first day of May annually, to 
assign to the several Surveyors their divisions & limits for 
making & repairing the highways ; and one half of the sum 
at least, which shall be agreed upon and granted by any 
Town or District for making and repairing the highways, 
shall be laid out and expended for that purpose, before 
the first day of July next after granting the same. 

And when any Town, District or Plantation shall neoiect Surveyors to 
to raise money tor the purpose or making cNo repairing the be done in 
highways & townways as aforesaid, it shall be the duty of 
the several Surveyors in such Towns, to cause so much 
labor to be done on the said ways in their respective Dis- 
tricts before the first day of July, as shall amount to one 
half at least of the expences of repairing said ways the 
year next preceding. 

Sect. 5. And be it furtJier enacted that every Town surveyors may 

-[-%• ,., J. J.^ • c ' ^ 1 J.* be authorised 

or District may at their aforesaid annual meeting, or any to make con- 
meeting warned for that purpose, authorise their Survey- *''*'=*«- 
ors or any other person or persons to enter into any con- 
tract or contracts for making or repairing the highways or 
townways within the same or any part thereof & may also 
empow^er their Surveyors of highways, to collect Taxes —and collect 
for making and repairing the ways ; which shall not be paid 
in labor or otherwise, within the time limited by law, or 
such periods as may be agreed upon by such Town or 
District ; and for that purpose the Assessors shall deliver 
to them warrants of distress, which shall be in the form 
prescribed by law for collecting other Town or District 
taxes, mutatis mutandis ; or they may deliver to the Col- 
lector or Collectors of Taxes a Warrant for collecting the 
deficiency in any highway tax, which the Collector is 
hereby empowered & required to levy in the same way & 
manner, as other taxes are by Law to be collected ; & pay 
the same over to the Surveyor or Surveyors, who shall 
be held to account with the Selectmen for the expen- 
diture thereof. And if any money shall remain unex- ?^°°®y ^®™*|fe£i 
pended in the hands of the Surveyor or Surveyors, after to be paid to 
the expiration of their office, they shall pay the same to 
the Town Treasurer. And if any Surveyor shall neglect 
to pay over such sums to the said Treasurer upon demand, 
the said Treasurer, or his Successor in that office, shall 
have })Ower to recover the same, in an action upon the 
case, with twenty per cent, in addition thereto, to the use 
of the Town or District, & with costs of suit. And if 



Treasurer. 



122 



Acts, 1796. — Chapter 58. 



Surveyor 
neglecting to 
exhibit rate- 
bills and 
accounts liable 
to penalty. 



Time to be 
allowed to make 
a new highway 
passable. 



Proviso. 



If town neglect 
their duty, court 
may appoint a 
committee to 
contract for the 
making of the 
way, at the 
expense of the 
town. 



Lands of Non- 
residents to be 
taxed. 



pending the action, another Town or District Treasurer 
shall be appointed, he, on noting his appearance on the 
record, shall have power to pursue the same action to final 
Judgement and Execution. And if any Surveyor who shall 
receive his Kate-Bill of the Selectmen or Assessors ot any 
Town or District, shall neglect to exhibit the same to them 
on the first Monday of July annually ; and also at the ex- 
piration of the term for which he shall be appointed, & 
at those times respectively to render an account of all 
monies that have been expended on the ways, he, for each 
offence, shall forfeit & pay twenty Dollars, to be recovered 
in an action of debt, with costs of suit, by the said Treas- 
urer as aforesaid & to the uses aforesaid. 

Sect. 6. A7id be it further Enacted, that when any 
new highway has been, or shall have been laid out, and 
accepted by the Court of General Sessions of the peace, a 
reasonable time shall be allowed to the Town or District, 
or any Plantation assessed in any State or County tax, 
thro' which such highway shall lead, to make it passable, 
safe, & convenient for Travellers & others passing with 
their teams, waggons or other carriages, provided that 
such time shall not exceed twelve months from the time 
of such acceptance, unless said Court shall, for reasons 
specially given, order a longer time. And if any Town, 
District or Plantation aforesaid, shall neglect their duty 
in that respect, the said Court, on application therefor, 
shall appoint a Committee of three disinterested Free- 
holders in the same County to enter into any Contract or 
Contracts for making such new highway passable as afore- 
said, the expence of which shall be immediately afterwards 
defrayed by the delinquent Town, District or Plantation 
last mentioned ; & in default thereof, the said Court shall 
issue a Warrant of Distress against such Town, District or 
Plantation. 

Sect. 7. And he it further Enacted, that the lands of 
non resident Proprietors, shall be taxed for the making & 
repairing highways, in the same way they are taxed for 
other Town or County taxes ; & upon default of payment, 
the same proceedings shall l)e had as is provided for the 
collection of other Taxes from such persons and without 
any other notice. 

Sect. 8. Whereas by Law it is made the duty of Sur- 
veyors of the Highways when the same are blocked up or 
incumbered with Snow, forthwith to cause so much thereof 



Acts, 1796. — Chapters 59, GO. 123 

to be removed or trod down, as will render the roads pass- 
able, which cannot be conveniently effected by a Tax 
granted for that purpose : 

Be it therefore further Enacted, that all such Incum- How snow may 
brances may be removed in the manner the same might be ^^ '■«™o'«'i- 
done in any Town or District who shall neglect to vote or 
agree upon a sum for the express purpose of repairing the 
highways and Town-ways ; Provided that any Town or Proviso. 
District shall agree upon that mode of removing such in- 
cumbrances in the month of March or April annually — 
any law to the contrary notwithstanding. 

Ajpproved February 28, 1797. 

1796.— Chapter 59. 

[January Session, ch. 25.] 

AN ACT TO SET OFF PART OF THE TOWN OF GREENWICH WHICH 
LIES IN THE COUNTY OF WORCESTER & FOR ANNEXING THE 
SAME TO THE COUNTY OF HAMPSHIRE. 

Be it enacted by the Senate <& House of Bejyresentatives 
in General Court Assembled & by the Authority of the 
same, that all that part of Greenwich which lies in the Part of 
County of Worcester be & the same is hereby set off from fnn^lx^'to 
said County of Worcester & annexed to the County of comny^*'^* 
Hampshire. Approved March 1, 1797. 

1796. — Chapter 60. 

[January Session, ch. 28.] 

AN ACT IN ADDITION TO AN ACT INTITLED " AN ACT TO INCOR- 
PORATE SUNDRY PERSONS BY THE NAME OF THE PRESIDENT 
& DIRECTORS OF THE NANTUCKET BANK." 

Whereas by the said Act establishing said Banlc it is 
among other things jyrovided that the Capital stock of the 
said Bank shall not be less than forty thousand dollars, 
nor more than One hundred Thousand dollars, and lohereas 
by a Theft lately Committed on said Bank the subscribers 
thereto find themselves unable to raise a Capital Stock so 
large as forty Thousand Dollars. 

Sect. 1st. Therefore be it Enacted by the Senate & 
House of Representatives in General Court Assembled & 
by the Authority of the same, that twenty thousand dollars Least capital 
be the least Capital Stock of the said Bank : and in case 
the Subscribers to, or those interested in said Bank shall 



124 



Acts, 1796. — Chapter 61. 



Time extended 
for paying 
installmentB. 



Penalty for 
final neglect. 



on or before the first day of July next encrease their said 
capital Stock to the said Sum of Twenty thousand dollars, 
they shall be intitled to all the Corporation rights and 
previleges and subject to all the obligations and duties 
Contained in the said Act, in the same manner they would 
have been, had they paid the said forty thousand dollars 
according to the said Act. 

And whereas many of the Original Stockholders who 
have paid into said Bank the first and second Instalments 
with contingent money for building of Vaults for the safe 
keeping of the money and for other necessary expences, 
have neglected to pay into said Bank their third Instal- 
ment agreeably to the second Enacting clause of the Act 
of Incorporation aforesaid to which this is in Addition. 

Sect. 2d. Be it farther Enacted that all the Original 
Stockholders who have not paid into said Bank their In- 
stalments agreeably to the requisition of the Act aforesaid, 
shall have power & Authority to do it at any time previous 
to the first day of June next — any thing in the Act afore- 
said to the contrary notwithstanding ; and in case they 
shall neglect and refuse to pay into said Bank their third 
Instalment aforesaid on or before the first day of June 
next, then and in such case, their first & second instal- 
ments together with their Contingent Money shall become 
forfeited from and after the said first day of June to the 
remaining Stockholders their heirs & Assigns who have 
paid into said Bank their first, second & third instalments, 
together with their contingent money, in equal propor- 
tions to what they severally hold in said Bank agreeably 
to the Kequisition of the Act aforesaid ; which said Sliares 
forfeited as aforesaid, may after the said first day of June, 
be filled up & paid into said Bank by the remaining Stock- 
holders in proportion to what they severally hold as afore- 
said, j;rovidetZ they do it on or before the first day of July 
then next ensueing. Approved March i, 1797. 



1796. — Chapter 61. 

[January Session, ch. 26.] 

AN ACT, ALTERING THE NAME OF ISAAC DAVIS TO ISAAC P. 

DAVIS. 

Be it Enacted hy the Senate and House of Representatives 

in General Court assembled and by the authority of [o/*] 

Name altered, ^/^g same, that fVom and after the passing this Act, Isaac 



Acts, 1796. — Chapter 62. 125 

Davis of Boston in the County of Suffolk, Rope-maker, 
son of Thomas Davis kite of Plymouth in the County of 
Plymouth, Merchant deceased, shall be and hereby is au- 
thorized & empowered to take bear & use the name of 
Isaac P. Davis, & shall be called and known by that name 
at all times hereafter. Apjjroved March 1, 1797. 

1796.— Chapter 63. 

[January Session, ch. 27.] 

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

Whereas a suitable number of Academies within this Preamble. 
Commonwealth will be of common benefit, and it appears 
that John Williams esquire & others have subscribed a sum 
of money for the purpose of erecting & supporting an Acad- 
emy in the town of Deerfield in the County of JSampshire, 
to effect which generous design more fully it is necessary to 
establish a body Politic; 

Sect. 1st. Be it therefore enacted, by the Senate & 
House of Representatives in General Court Assembled & 
by the Authority ofl^of] the same, that the Honorable John Persons 
Hastings & David Sexton, esquires, John Williams, '°*'°''p°'"^ ® • 
esquire. Reverend Joseph Lyman, Doctor Henry Wells, 
Reverend Roger Newton, William Colman, esquire. Rev- 
erend Samuel Taggart, William Billings, esquire, Reverend 
David Parsons, Honorable Ebenezer Mattoon, junior, 
esquire, Mr. Moses Hawkes, Reverend Samuel Allen, 
Reverend John Taylor, Doctor William Stoddard Wil- 
liams, David Dickenson, esquire, Seth Catlin, esquire, 
Joseph Stebbins, junior, esquire, & Mr. Joseph Barnard 
be & they hereby are constituted a body politic & corpo- 
rate by the name of the Trustees of Deerfield Academy ; &, Name. 
they & the survivors of them, & their successors, to be 
appointed as hereinafter is provided shall be & continue a 
body Politic & corporate by the same name forever; & by Power, 
that name the said Corporation may Sue & shall be liable 
to be Sued, & shall have power, by their officers, agents 
or attornies, to prosecute & defend in all Actions, Real, 
Personal & mixed, until final Judgment, Execution & 
Satisfaction. — And the said Corporation shall have & use May have a 
a common seal, which they may break, alter & renew at '^o'^'""" ^^**- 
their pleasure ; provided, that when any person shall de- Proviso, 
cline to serve as a Trustee & such resionation shall be 



126 



Acts, 1796. — Chapter 62. 



May receive 
gifts, &c. 



May dispose 
of estate in 
certain cases. 



Proviso. 



May regulate 
meetings — 



Elect ofiBcers — 



Fix salaries, 
&c. 



May ordain 
any reasonable 
regulations. 



May appoint 
Trustees. 



recorded by the said Corporation, his place shall be deemed 
vacant. 

Sect. 2d. Arid be it further enacted^ that the Trustees 
of said Academy, in their said capacity, are, & shall be 
capable in Law to take & receive by gift, grant, bargain, 
devise or otherwise, lands, tenements, or other estate, 
Real & personal, & whereof the annual income shall not 
exceed the sum of two thousand Dollars, in Silver ; To 
have & to hold the same for the sole trust & purpose of 
supporting an Academy in said Town of Deerfield, for the 
promotion of Piety, Religion & Morality, & for the Edu- 
cation of Youth in the liberal Arts & Sciences, & all other 
useful Learning, according to the requisition of any gift 
or bequest, which shall be made to the said Corporation, 
or as the Trustees for the time being, shall direct & ordain ; 
and the said Corporation shall have full power & authority 
to Lease & manage their Lands, Tenements & all other 
Estate, & to bargain, sell & dispose thereof, where they 
shall not be restrained by the terms of any gift or devise ; 
Provided, that for the sale of any Real Estate the property 
of said Corporation, the concurrence of two thirds of all 
the Trustees, for the time being, shall be requisite ; And 
all Deeds or Contracts sealed with the common Seal of the 
said Corporation & signed by any officer thereof, or any 
Trustee, pursuant to their order shall be valid & effectual 
in Law to all intents. 

Sect. 3d. And be it further Enacted, that the said 
Corporation shall have power by standing rules or other- 
wise, to determine the times & places of Meeting, the 
manner of notifjang the Trustees, & the method of pro- 
ceeding thereat : Also, to elect such officers of the said 
Corporation as they shall judge necessary ; & to appoint 
& provide a Preceptor of the said Academy with all need- 
ful Assistants, & to determine the powers, duties & salaries 
of their respective officers : to ascertain the qualifications 
& terms of admission of Students which shall be received 
at the said Academy, & to make & ordain all other reason- 
able Rules, Orders & by-Laws, with penalties or without, 
& not repugnant to the Laws of this Commonwealth as 
well for the good government of the said Corporation 
as for the better regulation of the said Academy ; & all 
such rules, orders & l>y-laws to alter or repeal. 

Sect. 4th. And be it further Enacted that^ whenever 
the number of the Trustees of the said Academy shall be 



Acts, 1796. — Chapter 63. 127 

less than nine, the Trustees for the time being shall have 
power & it shall be their duty, to nominate, elect & ap- 
point other suita])le persons as Trustees until that number 
shall be complete. 

Sect. 5th. And be it further enacted, that the Legis- Legislature may 
lature of this Commonwealth may from time to time when ceeding^8of°&c. 
& in such manner as shall be thought fit, enquire into the 
doings of the said Corporation & their performance of the 
trust aforesaid ; & upon any breach thereof, or other suffi- 
cient cause appearing to the said Legislature, upon due 
notice to the said Corporation & a full hearing thereupon, 
may annul the grant & authorities hereby made & given, 
or such part thereof as the said Legislature shall thereupon 
determine ; Provided, that all & singular the Estates of the 
said Corporation shall thereupon revert to the Donors 
thereof, or according to any limitation in any grant, or 
donation made. 

Sect. 6th. A^id be it furt:1ier Enacted that David Sex- First Meeting. 
ton, esquire, be & hereby is authorized to tix the time & 
place for holding the first meeting of the Trustees, & to 
notify them thereof. Approved March i, 1797. 

1796— Chapter 63. 

[January Session, ch. 29.] 

AN ACT TO INCORPORATE PART OF THE PLANTATION CALLED 
WATERFORD, IN THE COUNTY OF YORK, INTO A TOWN BY 
THE NAME OF WATERFORD. 

Sect. 1. Be it Enacted by the Senate and House of 
Hepreseritatives in General Court assembled and by the 
authority of the same, That all that part of the Plantation Boundaries. 
aforesaid, which is contained within the following bounds, 
vizt. beginning at the Northw^esterly corner of Otisfield, 
thence running North, sixty five degrees East, twelve 
hundred and seventy rods b}^ said Otisfield to the dividing 
line betw^een the third and fourth tier of Lots, w^esterly 
from the easterly side line of said Waterford ; then North, 
twenty five degrees West, on the dividing line between 
the said third and fourth tier of Lots to the northerly side 
line of said Waterford ; thence south Sixty-five degrees 
West, six hundred and forty Rods on a new Townshi}), 
called Oxford to a Stake and Stones ; then North, twenty 
five degrees West, one hundred rods on said Oxford to a 
stake & stones ; then South, sixty five degrees West, six 



128 



Acts, 1796. — Chapter 64. 



Waterford 
incorporated. 



First Meeting. 



hundred and fifty rods (still on Oxford) to a stake and 
stones : then south, twenty five degrees East, one hundred 
rods to a stake & stones ; then South, sixty five degrees 
West, three hundred and forty rods to a stone set in the 
Ground ; then South, twenty five degrees east, one hun- 
dred and sixty rods to a stone in the Ground ; then South 
sixty five degrees West, three hundred and fifteen rods to 
a stake & stones standing in the easterly side line of New 
Suncook ; then South twenty five degrees East, by said 
New Suncook, two thousand and twenty rods to a pine 
Tree, the Southwesterly corner of said Waterford, which 
is the Southeasterly corner of the aforesaid New Suncook, 
standing in the Northerly end line of Bridgeton ; then 
North Sixty-five degrees east, six hundred and fifty rods 
to the Northeasterly corner of Bridgeton aforesaid ; then 
south, twenty five degrees East, one hundred rods to the 
first bound, together with the Inhabitants thereon, be and 
hereby is incorporated into a town by the name of Water- 
ford ; and the said Town is hereby invested with all the 
powers, privileges and immunities which other Towns in 
this Commonwealth do or may by Law enjoy. 

Sect. 2. And be it further Enacted by the authority 
aforesaid, that Simon Frye Esqr. l)e, and he hereby is 
empowered to issue his Warrant directed to some suitable 
person, inhabitant of said Waterford, requiring him to 
notify & warn the Inhabitants thereof to meet at s6me 
convenient time and place, for the purpose of choosing 
all such Ofiicers as tow^ns are by Law required to choose 
in the Months of March or April annually. 

Approved March 2, 1797. 



Orleans 
incorporated. 



Boundaries. 



1796— Chapter 64. 

[January Session, cli. 30.] 

AN ACT TO DEVIDE THE TOWN OF EASTHAM IN THE COUNTY 
OF BARNSTABLE, AND TO INCORPORATE THE SOUTHERLY 
PART THEREOF, INTO A TOWN BY THE NAME OF ORLEANS. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court AsKembled and by the 
Authority of the same, that all the south part of the town 
of Eastham in the County of Barnstable, on the Southerly 
side of the following lines be incorporated into a Town 
by the name of Orleans, Viz. Begining at the mouth of 
Rock harliour river from thence runing Southeasterly by 



Acts, 1796. ~ Cttapter 64. 129 

the road that leads by Nathan Smith's dwelling hoiLse 
untill it conies to the Parsonage land, thence nortlierly on 
the AVesterly boundary line of said })arsonage Land, UDtill 
it comes to Joshua & Isaac Smith's Land, thence runing 
easterly in the range between the said Joshua & Isaac 
Smith's & Josiah & Elisha Smith's Land untill it conies to 
Boat Meadow, thence a due east course into the middle 
of Boat meadow river thence runing up the middle of the 
river to its head, thence runing Southerly through the 
center of the meadow & swamj) and along Jeremiah's 
Gutter, so called, into the middle of town Cove ; thence 
runing down the Center of the Cove to Stone Island, 
thence Runing an Eastsoutheast course into the Atlantic 
Ocean, with all the inhabitants thereon living, be and 
hereby are incorporated into a separate town by the name 
of Orleans, with all the powers jn-iviledges, and immunities, 
that towns within this Commonwealth do or may enjoy. 

Sect. 2i). And be it furtfier enacted Jnj the Authority 
aforesaid, that the inhal)itants of the said Town of Orleans Topay propor- 
shall be Su])ject to pay all rates and taxes heretofore [axes'— '"""^ 
assessed upon them while they l)elonged to the town of 
Eastham in the same manner as though this Act had never 
passed, and shall be sul))ect to pay their part of all debts 
due from said Town of Eastham, (including the expence — andexpencee. 
that the North part of said Eastham have been at in send- 
ing agents to the present General Court) in the same pro- 
portion that the public taxes were paid in the year of our 
Lord one thousand seven hundred and ninety six, and also To share in 
shall receive according to the same rule of proportion, property hew 
their part of all public property whatsoever belonging to dMsion!*'' 
the said toAvn of Eastham at the time of passing this act. 

Sect. 3d. And he it further enacted by the Authority 
(foresaid, that the said Town of Orleans shall pay fifteen Orleans' pro- 
shillings, & seven pence, on each thousand pounds, raised future taxes. 
by taxes, in this Commonwealth, including the tax granted 
the present session of the General Court ; and that the 
same sum shall be deducted from the proportion that the 
town of Eastham paid agreeable to the last valuation, on 
each Thousand pounds raised as aforesaid. 

Sect. 4th. Be it further enacted by the Authority 
aforesaid, that the parsonage Land and Meadow now im- Parsonage 
proved by the Revd. Mr. Bascom (a part of which is sit- bTori'eanB.'^ 
uate in the Town of Eastham) shall belong to the town of 
Orleans forever. 



130 



Acts, 1796. — Chapter 65. 



The Bhell- 
Fishery, bene- 
fits to be mutu- 
ally shared. 



Isaac Bparrow, 
Esq. to issue 
warrant. 



Joseph Pepper 
authorised to 
call a meeting 
in Kaatham. 



Sect. Stii. And he it further enacted hy the Authority 
aforesaid, that the Shell Fishery shall remain & be enjoyed 
by the inha])itants of Eastham and Orleans in the same 
manner as before the passing this act, and shall be regu- 
lated by the Selectmen of both Towns, as heretofore by 
the Selectmen of Eastham. 

Sect. 6tii. And be it further enacted by the Authority 
(foresaid. That Isaac Sparrow Esqr. be, and he hereby is 
Authorized and impowered to issue his warrant to Some 
principal inhabitant of the town of Orleans requiring him 
to notify, and warn said inhabitants to meet at some suit- 
able time and place in said Town of Orleans to choose all 
such officers as other towns are by law required to choose 
in the months of March or April annually. 

Sect. 7th. And whereas in consequence of the afore- 
said division there will remain only one Selectman in said 
Town of Eastham Be it therlo^ fore farther enacted by the 
Authority aforesaid that Josei^h Pepper the Selectman re- 
maining within said Town, ])e & he is hereby vested with 
all the powers, which the Majority of said Selectmen 
would have had, so far as relates to the Calling the annual 
meeting in the Months of March or April next. 

Approved March 3, 1797. 



Penalty. 



When the 
owner is not 
known. 



1796. — Chapter 65. 

[January Session, ch. 31.] 

AN ACT TO REGULATE THE GOING AT LARGE OF SEIEEP AND 
RAMS AND HE GOATS AT CERTAIN SEASONS OF THE YEAR. 

Sect. 1st. Be it enacted, by the Senate and house of 
llepresentatives in general Court assembled and by the 
Authority of the same, that if any owner of any Ram or he 
goat, shall suffer the same to go at large, or be out of his 
or her enclosure, l^etween the tenth of August and the 
twentieth Day of November annually, such owner shall 
forfiet and pay two dollars, to such person, who shall find 
and take up such Ram or he goat, for each time, he shall 
lie so found, at large, out of the owners enclosure and 
taken up, and the same may l)e recovered by action of 
Debt with costs of suit, before any Justice of the Peace 
of the County where such ram or he goat sjiall be so taken 
up or of the County where such owner may dwell ; and in 
case the owner shall not be known, the person so finding 



Acts, 1796. — Chaptek 65. 131 

& taking up any llani or lie goat as aforesaid shall secure 

and keep the same, and within twenty four hours after 

shall lodge notice in writing by him signed with the Town 

Clerk, seting forth the Colour and marks natural and 

artiticial (if such there be) which Clerk shall make a 

record thereof and post up or direct the finder to post up 

the same at some such public place in said town as the said 

Clerk shall fix upon, and for his service herein shall have Fee to Town 

twenty five Cents paid him by the person lodging said '^'^'" 

notice ; — and in case the owner of any Ram or he goat so oase of appu- 

found taken up and posted, shall within five days, next owlre"/'"'""'^ 

after such posting, pay or tender to the party so taking up 

the same, the said forfieture, such Kam or he goat shall be 

restored to the owner, but if the Owner do not appear and Non-appear. 

pay or tender as aforesaid within the said five days — such owner. 

Ram or he goat shall be forfieted to the prosecutor — and 

if such owner shall be convicted of a second offence — he 

shall incur the like forfieture to the Y)Y08ecu.toY , pi'ovided P'ovIbo. 

that this Act shall not extend or be construed to extend to 

the Island of Nantucket — or the County of Barnstable, or 

any part thereof. 

Sect. 2d. Be it further enacted that if any person shall penalty for 
suiier his or her sheep to go at large on the Common or go at large 
w^ays in any Town or district, without being under the keeper. " 
care of a Shephard or keeper, such person shall forfiet & 
pay for each sheep so at large and without a keeper, five 
Cents, to the person injured, to be recovered by action on 
the case, Avith costs of suit, or the same may be impounded 
at his election and the Owner shall not regain them but 
on the payment of five Cents for each Sheep. 

Sect. od. And be it further enacted that it shall be the Fieid-Drivers 
duty of the field-driver in each town or district, when ""^' 
sheep shall be found so going at large, and without a 
keeper, to impound the same, and when the owner shall 
appear, to demand five Cents for each sheep so impounded, 
& if no owner appeareth w^ithin forty eight hours, to pro- 
ceed with them as the Law directs respecting stray Beasts. 

Sect. 4th. And he it further enacted that all Laws Former laws 
heretofore passed respecting sheep, Rams & he goats are '^^p'"'*' 
hereby repealed. Approved March 7, 1797. 



132 



Acts, 1796. — Chapters 66, 67. 



Direction of 
Andrews' 
Mill, placed in 
Selectmen of 
various towns. 



Penalty for 
non-obedience. 



Clause of a 
former Act 
repealed. 



1796. — Chapter 66. 

[January Session, ch. 32.] 

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

Sectn. 1st. Be it enacted hy the Senate <& House of 
Representatives in General Court Assembled and hy the 
Authority of the same. That the future iiseing and im- 
proving Andrews' Saw Mill, standing on Ipswich River 
at Farley's Mill Dam, so called, within the Town of 
Ipswich, from the last day of April to the first day [of~\ 
June, Annually, shall be under the direction, regulations 
& restrictions of the Major pai't of the Selectmen of the 
Towns of Ipswich, Topsfield, Middletown & Reading, for 
the time being ; such directions regulations & restrictions 
being made in writing under the hands of the Major part 
of the Selectmen aforesaid, & delivered to the said 
Andrews, from time to time as shall be found necessary. 

Be it further enacted, that for every Omission or 
violation of such directions, regulations or restrictions as 
aforesaid, the said Andrews shall ])e subject to such 
penalties and forfietures as are incurred by the afore- 
mentioned Act, for useing & improving said Mill within 
the Term aforesaid, to be sued for recovered & applied in 
manner as is prescribed in the said Act. 

And, he it further enacted, that the sixth clause of the 
aforementioned Act, so far as it respects the Useing & 
improving the said Andrews' Saw Mill, within the term 
therein mentioned shall be & hereby is repealed. 

Approved March 7, 1797. 



1796. - Chapter 67. 

[January Session, ch. 3.5.] 

AN ACT TO PREVENT FRAUD IN FIRE-WOOD, BARK, OR COAL 
EXPOSED TO SALE. 

Sect. 1. Be it Enacted hy the Senate (C House of 

Bepresentatives in General Court assemlded & hy the 

Dimensions of autliority of the same, that all Cord-wood exposed to sale, 

cor woo . gi^all be four feet long, including half of the carf ; & the 



Acts, 1796. — Chapter 67. 133 

cord being well & close laid together, shall measure eight 
feet ill length, four feet in width & four feet in hcighth. 

Sect. 2. Be it fiirtJier Enacted that in each Town or Measurers to 
District in this Commonwealth, where the inhal)itaiits by sS'Int'!., 
shall in Town Meeting legally assembled, judge & vote ^oie'itTbe ' 
the same to be necessary, and wherein fire-wood or bark "''cessary. 
is usually sold, the Selectmen shall annually or as occa- 
sion may re(|uire, appoint one or more suitable persons 
&, conveniently situated in the town or district, to be 
Measurers of Wood & Bark there exposed or brought in 
for sale, l^- shall give public notice thereof; which Meas- 
urer or Measurers shall be sworn to the faithful & diligent 
discharge of their office, and shall receive such fees or 
allowance for their service as the Selectmen shall appoint, 
to be paid by the Driver of the wood or bark & repaid 
by the Buyer where brought in by land, and by the 
Wharfinger where brought in by water — & the Measurer 
shall be entitled to his action therefor, accordingly. 

Sect. 3. Be it farther Enacted, that if any fire wood fj;[/„''";;,''„®J,°' 
or bark brought by land into any town or district for uot meaHuied. 
sale, wherein such Measurers shall be so appointed, shall 
be offered for sale before the same shall be measured by 
such Measurer, & a ticket signed by him & delivered to 
the Driver, certifiying the quantity of wood the load con- 
tains, the name of the Driver & the town in which he 
resides, such wood or bark shall be forfeited, two thirds 
to the use of the poor of the Town where offered for sale, 
& the other third part thereof to the Measurer, or any 
other person who shall prosecute for the same : Provided Proviso. 
that no person shall be obliged to measure any fire wood 
or bark when the quantity shall be agreed on by the 
Buyer & Seller. 

Sect. 4. Be it further Enacted, that if any Wharf- j;^;^f^*/ ^°'- 
inorer or Carter shall cart or carry any fire wood from any unmeasured 

~ . ... wood. 

wharf or landing place in any Town or District (except 
for the use & consumption of such wharfinger or carter) 
before the same shall have been measured by some 
Measurer appointed as aforesaid, he shall forfeit &, pay 
one dollar for every load of wood so carried off; one 
moiety thereof to the use of the poor of the Town where 
the ofience shall be committed, & the other moiety to 
any person who shall prosecute for the same. 

Sect. 5. Be it further Enacted, that all baskets used ^/^hTrcoaT 
in measuring Charcoal, brought into any Town or District baskets. 



134 



Acts, 1796. — Chapter 67. 



Selectmen 
may appoint 
a person to 
examine coal 
baskets. 



Proviso. 



Forfeitures, 
how recover- 
able. 



Former Acts 
repealed . 



for sale, shall contain two bushels & be of the following 
dimensions, to wit — nineteen inches in breadth in every 
part thereof, & seventeen inches & a half deep, measuring 
from the top of the basket to the highest part of the 
bottom ; & that the Ijasket be well heaped, and also be 
sealed by the Sealer of the town or District where the 
person so using the same, shall usually inha])it or reside ; 
and every person who shall measure the Charcoal oftered 
for sale in any basket of less dimensions, or not sealed as 
aforesaid, shall forfeit & pay for each olfence, fifty Cents, 
to the uses mentioned in the fourth Section aforesaid ; 
and such basket shall be destroyed. 

Sect. 6. Be it further Enacted, that the Selectmen of 
any town where coal is usually sold, shall have power to 
appoint as occasion may retjuire, some suita])le person to 
seize and secure all baskets improved for measuring Coal 
that shall not be of the dimensions aforesaid & sealed as 
aforesaid ; & to prosecute such person or persons as shall 
be guilty of a breach of this act — provided that no 
person shall be obliged to measure Charcoal, when the 
quantity shall be agreed on by the Buyer & Seller. 

Sect. 7. Be it further Enacted that all the forfeitures 
aforesaid may be recovered with costs of suit by action, 
bill, plaint or information before any Court proper to try 
the same. 

Sect. 8. Be it further Enacted, that this Act shall 
take effect and be in force on & after the first day of 
December next, & that five acts relating to the subject 
matter of this Act, one passed A D. seventeen hundred & 
five, another A D. seventeen hundred & ten ; another 
A D. seventeen hundred & fifty nine & continued to the 
first day of November next; another passed A D. seven- 
teen hundred & seventy two, & another the eighth day of 
October A D seventeen hundred & seventy nine & con- 
tinued in force, shall on & after the said first day of 
December be repealed & cease to operate ; except the 
two clauses in said Acts passed A D seventeen hundred 
& fifty nine & seventeen hundred & seventy two — which 
clauses relate only to the town of Boston ; & excejit the 
said Acts shall remain in force for the recovery of all 
forfeitures that shall accrue under the same before that 
time. • Approved March 7, 1707, 



Acts, 1796.— Chapter 68. 135 

1796— Chapter 68. 

[January Sessiou, ch. 34.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE 
PURPOSE OF BUILDING A BRIDGE OVER EASTERN RIVER IN 
DRESDEN IN THE COUNTY OF LINCOLN AT OR NEAR CALL'S 
FERRY, AND FOR SUPPORTING THE SAME. 

Sect. 1st. Be it enacted by tJie Senate & house of 
l{e2jresentatives in General Court assembled^ and by the 
Authority of the same, that Jonathan Bowman Junr. James incorporating 
Patterson, & Samuel Patterson, with such other i)eis()n[.s] *''""**^- 
as may hereafter associate with them for the purpose 
hereafter mentioned, their heirs and assigns be & they 
hereby are made & constituted a Corporation and Body 
Politic, for the purpose of building a Bridge over Eastern 
Kivcr at Call's ferry in Dresden in the County of Lincohi, 
by the name of the Proprietors of Eastern Eiver Bridge 
at Call's ferry in Dresden. 

Sect. 2d. And be it further enacted, that the said m*-*^'!','*''."' 

X J 1 f-> • X T-> r. -1 1 "^ called by 

Jonathan Bowman junr. James Patterson, & Samuel Newspaper . 

P., J- X' ^1 1- 1 J,' J • advertieeuieiit. 

atterson, or any two oi them, may by advertisement in 

any Newspaper printed within the County of Lincoln, 
warn or call a meeting of the proprietors, to be holden 
at any suitable time and place after thirty days from the 
first publication of said advertisement; and the pro})rie- Business of 
tors by a vote of a Majority of those present, or duly '^''' ™*''""^- 
represented at the said Meeting, accounting and allowing 
one vote to and for each single share, in all cases, {pro- 
vided however that no one proprietor shall be allowed 
more than six votes) shall choose a Clerk, who shall ])e 
sworn to the faithfuU discharge of his said office ; & shall 
also agree on a Method of calling future Meetings ; and 
at the same or a subsequent meeting or meetings may 
elect such officers and make and establish such rules and 
bye-Laws, as to them shall seem necessary or convenient 
for the regulation & Government of the said Corporation, 
for carrying into eflect the purpose aforesaid, and for 
collecting the Toll herein after granted & established ; and 
may annex penalties to the breach of any bye laws, not 
exceeding five dollars and all Representations at any 
meeting shall be filed with the Clerk, & this Act, And all kj;;°;^'"°^^ 
rules, bye-laws, Regulations and proceedings shall be 
fairly and truly recorded by the said Clerk in a Book or 
Books to be provided and ke[)t for that purpose. 



136 



Acts, 1796. — Chapter 68. 



Bridge to be 
built. 



ConveuieDces. 



Sect. 3d. And be it further enacted that the said 
proprietors be and they hereby are authorized and im- 
powered to erect a Bridge over Eastern liiver at Call's 
ferry aforesaid, with a convenient draw for the passing 
of Vessells, at least twenty eight feet wide, which draw 
shall be constructed with strong abutments, and on each 
side thereof there shall l)e a pier sufficient to secure all 
such Vessells as may attempt to i)ass through said draw. 
And the said i)ro])rictors shall constantly between sun- 
rising and sun-setting, keep some suitable person or 
persons at the said Bridge who shall raise the said draw 
for any Vessell that may be passing up or down the River 
aforesaid, without toll or expence ; And in Case any 
Vessell shall l)e passing u}) or down said Kiver in the 
Night time, it shall be the duty of the person or persons 
tending the said Bridge, ujjon request of the Master or 
Manager of said Vessell, to lift the draw for the said 
Vessell to pass through. And for the purpose of reim- 
bursing the said pro})rietors the Money by them to be 
expended in Imilding and supporting such Bridge, 
Toll established. Sect. 4tii. Be it further enacted^ that a Toll be and 
hereby is granted & established for the sole benefit of the 
said Pro})rietors according to the Rates following, vizt. 
for each foot passenger three Cents ; for each horse & 
Rider eight Cents ; for each horse & Chaise, Chair, or 
Sulkey seventeen Cents; for each Coach, Chariot, Phae- 
ton or other four wheel Carriage for Passengers Twenty 
eight Cents ; for each Curricle twenty five Cents ; for 
each riding sleigh drawn by one horse thirteen Cents ; 
for each riding sleigh drawn by more than one horse 
seventeen Cents ; for each Cart, Sled, Sleigh, or other 
Carriage of burthen drawn l)y one Beast thirteen Cents ; 
if drawn by two l)east[-s'] seventeen Cents ; if drawn by 
more than two Beasts Twenty Cents ; for each Horse 
without a Rider, & for neat Cattle four Cents & [a] half 
each; for Sheep & Swine nine Cents pr. dozen, & one 
person So no more shall be allowed to each Team as a 
Driver to })ass free of Toll ; and at all times Avhen the 
Toll-gatherer shall not attend his duty the Gate or Gates 
shall be left 0})cn ; & the toll shall commence on the day 
of the first ()})ening of the said Bridge for Passengers & 
shall continue for the term of Seventy years from said 
day ; & at the place where the toll shall be received, 
there shall l)o erected & constantly exposed to view a 



Acts, 1796. — Chaptek 69. 137 

sign or l)o;ird with the Kates of Toll fairly & legibly 
written, or })ainted thereon, in huge Letters. 

Sec-t. 5, And he if furtlier enacted WvAi the said Bridge Bridge, how to 
shall be well built with suitable Materials, at least twenty ^"^ ''"'"■ 
four feet wide, & well eovered with planks, with sufficient 
Hails on each side, & boarded u}) sixteen inches high from 
the tloor of said Bridge, for the safety of Passengers 
travelling thereon ; & the same shall be kept in good safe 
& passable repair at all times ; & at the ex[)iration of the 
term hereby granted to the said i)roprietors in such 
Bridge, the same Bridge shall be delivered up to the 
Commonwealth. 

Sect. Gtii. And he it fuvtlier enacted i\vAi if the said Jimc fo. uuiid- 
Pro})rietors shall neglect for the space of four years from limited. 
the passing this Act, to build & erect said Bridge, then 
this Act to be void & no eti'ect. 

Ap2)roved March 7, 1797. 

179(>. — Chapter 69. 

[January SessioD, ch. 36.] 
AN ACT TO MAKE PERPETUAL SUNDRY TEMPORARY ACTS. 

Sect. 1. Whereas sundry Acts have heen j)assed in Preamble. 
the late Province, State and noiv Commomrealth of Massa- 
chi(setts, and continued in force from time to time, to the 
frst day of November next and other periods, and the 
same Acts from exjjei'ietice have been found necessary and 
beneficial ; Tlierefore 

Be it Enacted by tJie Senate and lionise of Representa- 
tives in General Court assembled and by the authority of 
the same, That the following Acts and Laws and every 
clause thereof be and the same are lierel)y made per- 
petual, and shall remain in force, until the same shall be 
respectively repealed by the Legislature of this Common- 
wealth ; — to wit ; An Act passed in the Year of our Lord, j.^^P'jfJou' 
seventeen hundred & eighty one, entitled, "An Act to Nobscussett 
prevent damage being done on the Meadows lying in the 
Township of Yarmouth, called Nobscussett Meadow and a 
small Commonage of Land, and Beaches thereto adjoin- 
ing." An Act passed in the Year of our Lord one thou- 
sand, seven hundred c*i eiijhty three, entitled, "An Act for To proveut de- 

. , 1 • /• -II 1 * 1 • Mtruction of lish 

preventing the unnecessary destruction ot Shad, Alewives in cathance aud 
and other Fish in Cathance and Abagadesset Rivers in the nvew!'^^*^ 
Town of Bowdoinham : " also An Act made in the Year 



138 



Acts, 1796. — Chapter 69. 



To prcveut 
damage to 
Billingsgate 
Bay. 



— to NoSBCt 
meadow. 



— to Winter 
Uarbour beacli. 



— to meadows 
in Truro. 



— to Billings- 
gale Bay. 



— to meadows, 
&c. ill Barn- 
stable. 



■in Wells. 



— in Harwich. 



— in llarwieli, 
additional act. 



of our Lord, one thousand, seven hundred tSc. tifty seven 
entitled, "An Act to prevent damage being done unto Bil- 
linsgate Bay in the Town of Eastham, by Cattle and Horse 
kind & Sheep feeding on the Beach and Lands adjoining 
thereto : " also An Act made in the Year of our Lord one 
thousand, seven hundred and forty six, entitled, "An Act 
to prevent damage being done unto Nosset Meadow by 
Cattle and Horse kind feeding on the Beach adioininij 
thereto : " also An Act made in the Year of our Lord one 
thousand, seven hundred and forty nine, entitled, "An 
Act to prevent damage being done on the Beach in Bidde- 
ford and Meadows adjoining said Beach, commonly known 
l)y the name of Winter-Harbour beach : " also An Act 
made in the Year of our Lord, one thousand, seven hundred 
and fifty three, entitled, "An Act to prevent Cattle and 
Horses running at large, and feeding on the Beaches and 
Meadows below the banks in the Town of Truro, from the 
house of Joshua Atkins to Bound-Brook, and also in the 
Common Meadow at and about Pamit Harbour and Kiver, 
as far up as the wading place by John Lumbart's : " also 
An Act made in the Year of our Lord, one thousand seven 
hundred & fifty eight, entitled, "An Act for altering a 
Clause in an Act made in the thirteenth year of his present 
Majesty's reign, entitled, "An act to prevent damage 
being done on the Billingsgate-Bay in the Town of Eastham, 
by Cattle and Horse kind and Sheep feeding on the Beach 
and Islands adjoining thereto : " also An Act made in the 
Year of our Lord, one thousand seven hundred and fifty- 
seven, entitled, "An Act to prevent damage being done 
on the Meadows and Beaches lying in the Township of 
Barnstable on the south side of the Harbour, contiguous 
to the conmion field in said Town : " also an Act made in 
the same year, entitled "An Act to prevent Neat Cattle, 
Horses and Sheep running at large and feeding on the 
Beaches between Wells and Oguncjuit Harbour in the town 
of Wells and to prevent the mowing of the same : " also 
An Act made in the Year of our Lord one thousand, seven 
hundred and sixty one, entitled, "An Act to prevent 
damage being done on the Meadows and Beaches lying in 
and adjoining on the North side of the town of Harwich, 
between Skeket Harbour on the East and Quivet Harbour 
on the West : " also an Act made in the same Year entitled, 
"An Act in addition to an Act made & passed this present 
Year, entitled "An Act to prevent damage being done on 



Acts, 1796. — Chapter 60. 139 

the Meadows & Bcaclies lyinii" in & adjoining- to the North 
side of the Town of Harwich between Skeket Harbour on 
the East, tSc (^uivet Harbour on the West." akso An Act 
made in the year of our Lord, one thousand, seven hun- 
dred and forty three, entitled, "iVn Act for })reventin<!^ mis- Toi)ievent 
chief by unruly Dogs on the Island of Nantucket:" also UogHonthe 
An Act made in the Year of our Lord one thousand, seven NaniucUet. 
hundred and sixty-five, entitled ''An Act to })revent dam- —in woods in 
age l)eing done in the woods in Plymouth, Sandwich, Barns- ^"'"" ' 
table, Falmouth and AVareham, by hunting Avith hounds and 
dogs : " also An Act made in the Year of our Lord one thou- 
sand, seven hundred and seventy two, entitled "An Act pg"'''t'ng 

' , . . . town iiieeliugs 

for refjulatinii' Town Meetino:s in the Town of Danvers : " in Uiinvx-iB. 
also An Act made in the Year of our Lord one thousand, 
seven hundred & sixty five, entitled "An Act for the pres- I'lescrviitiou of 
ervation and increase of Moose and Deer on Tarpolin on^Tin poiin""^ 
Cove Island and Nenemesset Island, lying and being in the ^'"^^i«i""^'.-'>^*^- 
County of Dukes County : " also An Act made in the Year 
of our Lord one thousand, seven hundred and forty-eight, 
entitled "An Act to prevent damage by fire in the towns Topixveut 
of Boston and Charlestown : " also An Act made in the iirBoHton^in'i^ 
Year of our Lord, one thousand, seven hundred and forty- GhuriuBtown. 
nine, entitled, " an Act to prevent any person's obstruct- i^hIi passing up 

, > I • 1 • • -n r • T->' • 1 • Moiiati((uot 

ing the nsh in the passing up into Monatiquot Kiver Avithin River, Braiu- 

the Town of Braintree : " also An Act made in the Year 

of our Lord, one thousand, seven hundred and sixty two 

entitled, "An Act in addition to the several Acts made to Additional uct 

prevent damage by tiro in the town of Boston : " also An fu^Boston. "^^'* 

Act made in the Year of our Lord one thousand, seven 

hundred and sixty-four entitled "An Act to enable the Euubiing coiiuc- 

Collectors of Taxes in the town of Boston to sue for and tuxes. 

recover the rates and taxes given them to collect in certain 

cases : " also An Act made in the Year of our Lord one 

thousand seven hundred and sixty four, entitled "An Preservauou of 

. IT. -Ill Alewives at 

Act in addition to the Act entitled "An Act to prevent Middieborough.^ 
the unnecessary destruction of Alewives in the town of 
Middleborough ; " also An Act made in the Year of our 
Lord one thousand seven hundred and seventy one, en- 
titled "An Act to prevent the taking of the Fish called Farkerulver. 
Bass in the river Parker, in the town of Newbury in a 
certain season of the Year:" also an Act made in the 
year of our Lord one thousand, seven hundred and seventy 
three, entitled, "An Act to empower the Inhabitants of uuci.usiJn 
the town of Rochester in the County of Plymouth to rcg- 



140 



Acts, 1796. — Chapter 09. 



To prevent 
damage to 
Monument 
pond beach. 



— to Sandy 
Neck meadow, 
Barnstable. 



Support of 
miniBtera. 



To prevent 
damage to 
Scituate beacb, 
&c. 



— to Oysters in 
Charles and 
Mystic rivers. 



rortcis in 
Boston. 



To prevent 
damage to 
Plymouth 
Beach. 



— to Beach & 
Harbour in 
IMymouth. 



Lanii)H in 
Boston. 



Quakers 
exempted from 
military duty. 



ulate the taking of fish within the harl)our and cove of the 
said Township : " also An Act made in the Year of our 
Lord, one thousand, seven hundred & sixty, entitled, 
"An Act to prevent damage being done on a Beach at 
Monument Ponds in the Townshi}) of Plymouth, lying 
l)etween the Lands of the late Thomas Clark and Joseph 
Bartlet deceased, and on a certain Tract of marshy ground 
lying under water there : " also An Act made in the Year 
of our Lord one thousand, seven hundred and forty-six, 
entitled "An Act to prevent the destruction of the Meadow 
called Sandy Neck Meadow in Barnstable, and for the 
better preservation of the Harbour there : " also An Act 
made in the Year of our Lord one thousand seven hundred 
and fifty, entitled "An Act providing for the su})[)ort of 
Ministers in new Plantations : " also An Act made in the 
Year of our Lord one thousand, seven hundred and fifty- 
five, entitled "An Act to })revent damage being done on 
the Beach, Hummocks & Meadows belonging to the town 
of Situate, lying between the Southerly end of the third 
Cliff (so called) & the mouth of the North River: " also 
An Act made in the Year of our Lord one thousand seven 
hundred & seventy two, entitled "An Act to })revent the 
destruction of Oysters in Charles and Mystic Rivers : " 
also An Act made in the Year of our Lord one thousand, 
seven hundred & forty-one, entitled "An Act for the 
better regulating Porters employed within the town of 
Boston : " also an Act made in the Year of our Lord, one 
thousand, seven hundred & forty eight, entitled "An Act 
to prevent damage being done on the beach &, Meadows in 
Plymouth adjoining to said beach, commonly known by 
the name of Plymouth Beach : " also An Act made in the 
Year of our Lord one thousand seven hundred & sixty five, 
entitled "An Act for the preservation of the Beach and 
Harbour in the town of Plymouth : " also An Act made in 
the Year of our Lord, one thousand, seven hundred & 
seventy three, entitled "An Act for regulating Lamps 
already set up, or that may hereafter be set up for cnlight- 
ning the Streets, Lanes, Alleys or Passage-ways in the 
town of Boston, and to prevent the Ijreaking or otherwise 
danmifying the same, and also establishing the method for 
paying the expcnces that may arise in supporting & main- 
taining said Lamps : " also An Act made in the Year of 
our Lord one thousand, seven hundred and sixty three 
entitled "An Act to exempt the people called Quakers 



Acts, 1796. — Chapter 69. 141 

from the pen.alty of the Law for non attendance on Mili- 
tary Musters : " also An Act made in the Year of our Lord 
one thousand, seven hundred and fifty one, entitled, "An FirBtPamh 
Act to empower the Proprietors of the Mecting-House in p"owered to"" 
the first Parish in Salem, where the Reverend Mr. John '•''»'«' money- 
Sparhawk now officiates, to raise money for defraying the 
Ministerial and other necessary charges : " also An Act 
made in the Year of our Lord one thousand, seven hun- 
dred and sixty one, entitled "An Act for the preventing stealing sheep 

.1 , I- 1 1 1 i- 1 • i^'i r ' from Martha's 

the stealing and clandestinely conveymg olieep away from vineyard. 
the Island of JNIartha's Vineyard, in Dukes County : " also 
An Act made in the Year of our Lord one thousand, seven 
hundred & fifty four, entitled "An Act for securing the wood and 
growth and encrease of a certain parcel of wood and timber ipswich and 
in the Townships of Ipswich & Wen ham in the County ^enbam. 
of Essex : " also An Act made in the Year of our Lord 
one thousand seven hundred & sixty-seven, entitled "An To prevent 

1-1 iTTi n damage to 

Act to prevent damage being done on the Meadows & Beaches near 
Beaches, lying in & adjoining on the south side of the cblima^if." 
Towns of Tisbury & Chilmark in the County of Dukes 
County, between the lands of Mathew Mayhew Esqr. on 
the West, and the Creek of water that divides the land of 
Thomas Waldron from the Beach on the east : " also An 
Act made in the Year of our Lord, one thousand, seven 
hundred and sixty eight, entitled "An Act to prevent g^^^^if^'' 
damage being done on Bound-Beach Island, and Griffith's Grimth-s 
Islands, within the District of Wellfieet, l)y cattle, horse 
kind & sheep : " also An Act made in the Year of our 
Lord one thousand, seven hundred & sixty eight, entitled 
"An Act to prevent the destruction of the Salt-Meadow — toSait 
lying in the Towns of Tisl)ury & Chilmark:" also An TitbtyL" . 
Act made A. D. one thousand seven hundred & seventy chiimark. 
four, entitled "An Act to prevent neat Cattle, horses, cattie going 
sheep, goats and swine from going at large upon the Island chabfquwick. 
of Chaliequidick at certain seasons of the Year, and for 
preventing other trespasses being done on any of the 
Indian Lands on said Island, for the future : " also An Act 
made in the Year of our Lord, one thousand, seven hun- 
dred & forty-nine, entitled "An Act to prevent the rreservation of 
unnecessary destruction of Alewives in the Town of Mid- Middieborough. 
dleborough : " also An Act made in the Year of our Lord 
one thousand, seven hundred and eighty one, entitled 
"An Act to provide more effectually for the preservation of ^ IndovTi!^* 
the fish called Alewives in the streams runninof into Merri- 



142 



Acts, 1796. — Chapter 69. 



To prevent 
damage to 
Beaches in 
Truro. 



E. Precinct in 
Salem empow- 
ered to raise 
money. 



Preservation of 
Moose and 
deer on Tar- 
paulin Cove S: 
Neneniesset 
Islands. 



— of Wood and 
timber in Ips- 
wich, &c. 



— of Oysters at 
Rarnstnble Sc 
Warehara, &c. 



Indian propri- 
etors in Marsh- 
pee. 



To prevent 
damage to 
Great & Little 
Hcepuiszet, 
meadows, &c. 



Alewive fishery 
at Halifax. 



Powder house 
in Boston. 



mack River, within the town of Andover : " also An Act 
made in the Year of our Lord one thousand, seven hundred 
and forty- four, entitled "An Act to prevent neat cattle 
& horses running & feeding on the Beaches adjoining to 
Eastern-Harbour Meadows, in the town of Truro : " also An 
Act made in the Year of our Lord, one thousand seven 
hundred & sixty nine, entitled "An Act to empower the 
East Precinct in Salem, where the Revd. James Dimond 
now officiates, to raise money for defraying ministerial & 
other charges of said Precinct : " also An Act made in the 
Year of our Lord, one thousand, seven hundred and seventy 
nine, entitled "An Act, in addition to an Act for the pres- 
ervation and increase of Moose & Deer on Tarpaulin Cove 
Island & Neneniesset Islands, lying & being in the County 
of Dukes-County : " also An Act made in the Year of our 
Lord one thousand, seven hundred & ninety three, entitled 
"An Act for securing the growth of wood & timber in a 
certain Tract of wood land, situated in the Towns of Ips- 
wich, Wenham Beverly and Manchester : " also An Act 
made in the Year of our Lord, one thousand, seven hun- 
dred &, eighty-seven, entitled "An Act to prevent the 
destruction of Oysters and all other Shell-fish lying within 
the Harbours, Rivers & Bays within the limits of the 
Towns of Sandwich in the County of Barnstable & Ware- 
ham in the County of Plymouth, & the towns of Dartmouth 
& Westport in the County of Bristol : " also An Act made 
in the Year of our Lord one thousand seven hundred & 
eighty eight, entitled "An Act for the better regulation 
of the Indian, Mulattoe & Negro proprietors in Marshpee 
in the County of Barnstable : " also An Act made in the 
Year of our Lord one thousand seven hundred and seventy- 
one, entitled "An Act to prevent damage being done to 
the Proprietors of the Meadow, Upland & Beach called 
great & little Scepuiszet, in the town of Falmouth in the 
County of Barnstable : " also An Act made in the Year of 
our Lord one thousand, seven hundred and seventy three, 
entitled "An Act for regulating the Alewive Fishery in the 
town of Halifax in the County of Plymouth : " also An Act 
made in the Year of our Lord one thousand, seven hun- 
dred and eighty, entitled "An Act in addition to an Act 
entitled an Act in further addition to and explanation of 
an Act in addition to an Act for erecting a Powder-House 
in Boston." Approved March 7, 1797. 



Acts, 179G. — Chapters 70, 71, 72. 143 

179C. — Chapter 70. 

[Jaminry Session, ch. 33.] 

AN ACT FOR THE AMENDMENT OF AN ACT, ENTITLED, "AN 
ACT FOR REGULATING SWINE" MADE & PASSED ON THE 
THIRTEENTH DAY OF FEBRUARY, IN THE YEAR OF OUR 
LORD ONE THOUSAND SEVEN HUNDRED & EIGHTY NINE. 

Sect. 1st. Be it enacted hy the Senate & Hou^e of 
Representatives in General Court Assembled d* by the au- 
thority of the same, That no Person shall suffer his Swine s^ine going at 
to go at large under a vote of any town, without incurring y"oTed." 
the forfeiture therein provided, unless such Swine l)e suffi- 
ciently yoked at all times w^hen permitted to go at large 
as aforesaid, between the fifteenth day of March, & the 
first day of December annually any thing in the aforesaid 
Act to the contrary notwithstanding. 

Ax)proved March 7, 17D7. 

1796. —Chapter 71. 

[January Session, ch. 37.] 

AN ACT FOR THE LIMITATION OF ACTIONS AGAINST SHERIFFS 
FOR THE MISCONDUCT AND NEGLIGENCE OF THEIR DEPUTIES. 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives in General Court Assembled and by the 
Aidhority of the same — that all actions against sheriffs Actions limited 
for the mis-conduct or negligence of their deputies shall '° ^°"'' i'*""'''- 
be commenced and sued within four years next after the 
cause of action. Approved March S\ 1797. 

1796. — Chapter 73. 

[January Session, ch. 38.] 

AN ACT FOR ESTABLISHING A TURNPIKE GATE OVER HOOSUCK 

MOUNTAIN. 

WJiereas the road leading from Charlemont in the Preami)ie. 
County of Hampshire, across Hoosuck Mountain to Adams 
in the County of Berlcshire, is circuitous, rocky and 
moimtainous, and thei-e is much traveling over the same, 
and the expense of straitening, making tf- repairinq a 
Road thro' those Towns, so as that the same may be 
safe and convenient for travellers with horses and carriages 
would be much greater than ought to be required of the 



144 



Acts, 1796. — Chapter 72. 



Name of Cor- 
poration. 



To erect a 
Turnpike Gate. 



Toll established. 



proprietors i& inhabitants on the said road, under their 
present chxumstances : 

Sect. 1st. Be it therefore Enacted, by the Senate and 
Honse of Representatives in General Court assembled and, 
by the aidhorlty of the same, that Asaph White & «Tes8e 
King and all such persons as shall associate with them and 
theii- Saccessors shall be a Corporation by the name of the 
second, Massachusetts Turnpike Corporation, with all the 
privileges & powers incident to Corporations ; for the pur- 
pose of laying out & making a Turnpike Road, from the 
west line of Charlemont in the County of Hampshire, to 
the west foot of Iloosuck Mountain, in Adams in the 
County of Berkshire, & for the keeping the same in repair 
in such place or places as the Corporation shall choose 
for the same ; which road shall not be less than eighteen 
feet in width in any place, excepting steep sides of hills, 
& there the said road shall be of sufficient width for 
carriages and teams of all kinds to pass each other. 
And that when said Turnpike Road shall be sufficiently 
made, & shall be allowed & approved by the Justices of 
the Court of Sessions of the County of Berkshire at any 
term thereof, then the said Corporation shall be authorized 
to erect a Turnpike Gate on the same in such manner as 
shall be necessary & convenient, & shall be entitled to re- 
ceive from each Traveller and Passenger excepting those 
passing on military duty, the following rate of Toll, to 
wit, for every Coach, Phaeton, Chariot or other four-wheel 
carriage, drawn by two horses, thirty cents ; & if drawn 
l\y more than two horses, the additional sum of five cents 
each horse ; for every cai't, waggon or sled, drawn b}^ two 
oxen or hor?es, sixteen cents, t^ if by more than two, the 
additional sum of four cents for every such ox or horse ; 
for every curricle twelve cents ; for every sleigh drawn by 
two horses, twelve cents, and if drawn by more than two 
horses, an additional sum of four cents for each horse ; for 
every chaise, chair or other carriage drawn by one horse, 
twelve cents ; for every man & horse seven cents ; for all 
oxen, horses & neat cattle led or driven, besides those in 
teams, or carriages, four cents each ; for all sheep & swine 
four cents by the dozen, & in the same proportion for a 
greater or less number ; and the Justices of the Court of 
General Sessions of the Peace in such County, are hereby 
authorized, on application from said Corporation, to lay 
out such road, or any part thereof, within their respective 



Acts, 1796. — Chapter 72. 145 

Jurisdictions, as with the consent of the said Corporation 
they may deem proper; & the said Corporation, shall be Corporation to 
holden to pay all damages, which shall arise to any per- thJy may'take. 
son by taking his Land for such road, where it cannot be 
obtained by voluntary agreement, to be estimated by a 
Committee appointed by the Court of General Sessions 
of the peace in the County in which such damage shall 
arise ; saving to the party the right of trial by Jury, ac- 
cording to the law, which makes provision for the recoveiy 
of damages happening by laying out public highways. 

Sect. 2d. And be it fur^ther J^nacted that if said Cor- Penalty for 
poration, their Toll-Gatherers, & others in their employ, deVainlugVas- 
shall unreasonably delay or hinder any Traveller or Pas- ^''"S"'''*- 
senger at said Gate, or shall demand or receive more Toll 
than is by this Act established, the Corporation shall for- 
feit & pay a sum not exceeding Ten Dollars, nor less than 
one Dollar, to be recovered before any Justice of [of] the 
Peace in either of the Counties aforesaid where the offence 
shall be committed, by any person injured, delayed or 
defrauded ; in a special action on the case ; the writ in 
which, shall be served on the Corporation by leaving a 
Copy of the same with the Treasurer, or with some indi- 
vidual member of the said Corporation, living within the 
County wherein the offence shall be committed ; or reading 
the contents thereof to said Treasurer or individual Mem- 
ber, at least seven days before the day of trial ; and the 
Treasurer of said Corporation, or individual Member, 
shall be allowed to defend the same suit in behalf of the 
Corporation. And the Corporation shall be liable to pay Topaydam- 
all damages which shall happen to any person from whom of Ij^rid^ges, &c. 
Toll is by this act demandable ; for any damages which 
shall arise from defect of Bridges, or want of repairs within 
the same way ; & shall also be liable to a fine, or present- 
ment of the Grand Jury, for not keeping the same way or 
bridges thereon, in good repair. 

Sect. 3d. And be it further Enacted, that if any per- Penalty for 
son shall cut, break down or destroy the said Turnpike theVurnptke"^ 
Gate, or shall forcibly pass, or attempt by force to pass ^'''*'' 
the same, without having first paid the legal Toll, at such 
Gate, such person shall forfeit & pay a sum not exceeding 
Forty Dollars, nor less than Two Dollars, to be recovered 
by the Treasurer of the said Corporation to their use in 
an Action of Trespass. And if any person shall with his Penalty for 
carriage, team, cattle or horse turn out of the said road, to pass the 



146 



Acts, 1796. — Chapter 72. 



Turnpike with- 
out paying Toll, 



Persons to pass 
to and from 
public worship 
or their labour 
free from toll. 



Shares are per- 
sonal property. 



First meeting. 



Books to be 
examinable. 



Sign board to 
be erected. 



Corporation 
may be dis- 
solved. 



to pass the said Turnpike Gate, on ground adjacent thereto, 
with intent to avoid the payment of the Toll due by virtue 
of this act, such person shall forfeit and pay three times so 
much as the legal Toll would have been, to be recovered 
by the Treasurer of the said Corporation to the use thereof 
in an action of del)t on the case. Provided tliat nothing 
in this Act shall extend to entitle the said Corporation to 
demand Toll of any person who shall be passing with his 
horse or carriage to or from public worship, or with his 
horse, team, or cattle, or on foot, to or from his common 
labour on his farm, or to or from any mill, or on the com- 
mon & ordinary business of family concerns : And j^ro- 
vided also, that the said Corporation shall not demand any 
Toll for the said Turnpike Road, when the same shall l)e 
made on the public Highway now existing, nor erect any 
gates thereon until the Court of General Sessions of the 
Peace shall have discontinued the same. 

Sect. 4th. And be it further Enacted, that the shares 
in the said Turnpike road shall be taken, deemed and 
considered to be personal estate to all intents & purposes. 

Sect. Stii. And he it further Enacted, that there shall 
be a meeting of the said Corporation, held at the house 
of Ebenezer Montague inholder in Charlemont in the 
County of Hampshire, on the first Monday of May next, 
for the purpose of choosing a Clerk and such other officers 
as may then & there be agreed upon by the said Corpora- 
tion, for regulating the concerns thereof; & that the said 
Corporation may then and there agree upon such method 
of calling meetings in future, as they may judge proper. 

Sect. 6th. And he it further Enacted, that the Books 
of the said Corporation shall at all times be subject to be 
inspected and examined by a Committee to be appointed 
by the General Court. 

Sect. 7th. And he it further Enacted, that the said 
Corporation at the place or places where the Toll shall be 
collected, shall erect and keep constantly exposed to view, 
a Sign or Board with the rates of Toll of all the tollable 
articles, fairly & legibly written thereon in large and cap- 
ital letters. 

Sect. 8th. And he it further Enacted, that the Gen- 
eral Court may dissolve the said Corporation, whenever 
it shall appear to their satisfaction, that the income arising 
from the said Toll shall have fully compensated the said 
Corporation for all monies they may have expended in 



Acts, 1796. — Chapter 73. 147 



purchasing, making, repairing and talking care of the said 
road, together with an interest thereon at the rate of 
Twelve per centum by the year ; and thereupon the prop- 
erty of the said road shall be vested in this Common- 
wealth and be at their disposal : Provided that if the said rroviso. 
Corporation shall neglect to complete the said Turnpike- 
road for the space of four years from the passing this 
Act, the same shall become void & of none eflect. 

Sect. 9tii, And be it further Enacted that the said ^comToUhe 
Corporation shall within six months after said road is T"™?-^?.'^ 

iiii'io 1 /-\rr> c be exhibited. 

completed, lodge m the becretary s Orhce, an account oi 
the expences thereof; and that the said Corporation shall 
annually exhibit to the Governor & Council a true account 
of the income or dividend arising from the said Toll, with 
their necessary annual disbursements on said road ; and 
their books shall at all times be subject to the inspection 
of the Governor and Council when called for. 

Sect. IOtii. And be it further Enacted, that the Free-toiito 
present inhabitants, living on Barnardstown Grant, Lock's '^" *'° ^^"° *' 
Grant so called & Samuel Potter living on said Mountain, 
and their families, shall, for the space of seven years after 
said Gate shall be opened, pass Toll-free on all occasions, 
with their Teams, Horses & Carriages, unless said Car- 
riages are employed in transporting House-hold-goods, or 
merchandize of any kind from Town to Town, thro' said 
Turnpike road. Approved March 8, 1797. 

1796. — Chapter 73. 

[January Session, ch. 39.] 

AN ACT TO CEDE TO THE UNITED STATES THE JURISDICTION 
OF THE REMAINING PART OF THE ISLAND OF SEGUIN. 

Whei'eas it has been found that the Land heretofore Preamble. 
ceded to the United States on the Island of 8eguin for the 
accomodation of a Li<jht House and on which one has been 
erected does not einbrace all the objects to be desired and 
which have been found necessary and convenient — 

Sect. 1st. Be it therefore Enacted by the Senate and 
House of Representatives in General Court assembled and 
by the Authority of the same: That the remaining part of paTt'of^seguin 
the said Island of Seguin in the Commonwealth of Massa- ''^'^^'^■ 
chusetts, containing about ten Acres be ceded to the 
United States, and during the continuance of the use and 
appropriation aforesaid the Jurisdiction of the whole of 



148 



Acts, 1796. — Chapter 74. 



Proviso. said Island ; saving and pr'ovided always, that all civil 

and criminal processes issued under the authority or by 
any Officer of this Commonwealth, shall have full force 
and effect within the limits of said Island and any build- 
ing which shall be there erected, this cession of Jurisdic- 
tion notwithstanding. Approved March 5, 1797. 



Preamble. 



Persons incor 
porated. 



Meeting to be 
called by 
advertisement. 



1796— Chapter 74. 

[January Session, ch. 40.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE 
PURPOSE OF BUILDING A BRIDGE OVER EASTERN RIVER 
NEAR LITIIGOW'S MILLS IN THE TOWN OF DRESDEN. 

Whereas the erecting a Bridge over Eastern-river in 
the town of Dresden near Lithgow^s Mills would be of 
great 2Jublic utility, & Edmund Bridge <& others have 
jietitioned this Court for an act of incorporation to em- 
power them to build said Bridge. 

Sect. 1st. Be it therefore enacted by the Senate & 
House of Representatives in General Court assembled & 
by the Authority of the same, that Edmund Bridge, 
Thomas Kice & Abiel Wood Esquires, James N. Lithgow 
& William Patterson with all those who have associated 
for the purpose, together with all those who shall here- 
after become proprietors in said Bridge shall be a corpo- 
ration and body politic under the name of The proprie- 
tors of the upper Bridge on Eastern Eiver, And by that 
name may sue and prosecute, & be sued & prosecuted to 
final Judgement and execution and do and suffer all other 
acts and things which bodies politic may and ought to do 
& suffer, and that said Corporation shall have full power 
and authority to make have & use a common Seal and the 
same to break alter and renew at pleasure. 

Sect. 2d. And be it further enacted, that the said 
Edmund Bridge may by Advertisement published in the 
Telegraph Printed in Pownalborough, warn a meeting of 
the aforesaid Proprietors to be holden in Dresden afore- 
said at any suitable time after fourteen days from the 
publication of such Advertisement, & that the said Pro- 
prietors by a Vote of a majority of those present, ac- 
counting 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 faithfull dis- 
charge of his office, Also may at the same or any subse- 



Acts, 1796. — Chaptek 74. 149 

qiient meeting choose such other oflScers as may be found 
necessary for managing the business of said Corporation — 
And shall agree on a method for callino; future Meetinirs 
and at the same or any subsequent Meeting may make & 
establish such rules & regulations, as shall be deemed con- 
venicnt or necessary for regulating the said Cor})oration 
effecting, compleating, & executing the purposes aforesaid, 
and for collecting the toll herein o-ranted — and the same 
rules & regulations may cause to be kept and executed 
and for the breach of any of them may order & enjoin Penalty limited. 
fines and penalties not exceeding thirteen Dollars and 
thirty three Cents — Provided said rules and regulations 
be not repugnant to the Constitution &, laws of this Com- 
monwealth. 

Sect. 3d. And be it further enacted, that said Bridge sitiuition. 
shall be erected over said Eastern River, between Lith- 
ijows Mills & Demascus point so called, shall be built Materials, 

~ /, 1 1 tr' • •! II p dimensions and 

01 good and sumcient materials, not less than twenty four conveniences. 
feet wide and well covered with Plank or Timber suitable 
for such Bridge, with sufficient rails on each side for the 
safety of Passengers. And for the convenient passage of ■ 
rafts down said River there shall be left over* the Channel 
of the same the width of thirty feet without any piers or 
any other obstruction : & in the same place the Bridge 
aforesaid shall be built sufficiently high from the water for 
Ve'ssells without Masts to pass under : 

Sect. 4th. And he it further enacted by the Author- 
ity aforesaid, that for the purpose of Reimbursing the toii. 
said Proprietors of the upper bridge on eastern River, 
the money expended & to be expended in building sup- 
porting and keeping in repair the said bridge & for indem- 
nifying them for their risk a toll be & hereby is granted 
and established for the sole benefit of said Corporation 
according to the rates following vizt. for each foot pas- 
senger, passing said Bridge two cents, one person and a 
horse six cents, a single horse Cart Sled or sleigh, ten 
Cents ; each wheelbarrow, hand Cart, & every other vehicle 
capable of carrying a like weight four Cents ; each team 
including Cart Sled or Sleigh drawn by more than one 
beast, not exceeding four twelve Cents & a half; And for 
every additional beast above four two Cents each — Eacii 
single horse & Chaise, Chair or Sulkey Sixteen Cents, Each 
Coach, Chariot Phaeton & Curricle thirty five Cents — 
Neat Cattle or horses, exclusive of those rode on, or in 



150 



Acts, 1796. — Chapter 75. 



Proviso. 



Time for 
erection. 



Carriages, or in teams, two Cents each — Sheep & swine 
for each dozen Six Cents & 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. And to each team one man and no 
more shall ])e allowed as a driver to pass free of toll. And 
the toll shall commence at the day of the first openhig of 
the l)ridge aforesaid for passengers and shall continue for 
& during the term of seventy years from the said day, & 
be collected as shall be prescribed by said Corporation — 
provided the said proprietors shall at all times keep the 
said Bridge in good & passable repair. And at the End 
of the said term of seventy years the property of the said 
Bridge shall enure to & be vested in this Commonwealth. 
Sect. 5. And be it further enacted that if the said 
Corporation shall neglect or refuse for the space of five 
years from the passing this Act to build and compleat the 
said Bridge, then this Act shall be void and of no efi'ect. 

Approved March 8, 1797. 



PerBons incor- 
porated. 



First meeting. 



To choose 
officers, &c. 



1796.— Chapter 75. 

[January Session, ch. 41. J 

AN ACT TO INCORPORATE SOLOMON VOSE AND OTHERS, PRO- 
PRIETORS OF AN AQUEDUCT IN NORTHFEILD. 

Sect. 1. J5e it Enacted hy the Senate and House of 
Representatives in General Court assembled and by the 
AutJiority of the same. That Solomon Vose, Medad Pom- 
eroy, Caleb Lyman, Edward Houghton, Eleazer Stratton, 
Elijah Mattoon, Eliphaz Wright, Josiah White and Sam- 
uel Feild all of Northfeild in the County of Hampshire 
and such other persons as are, or may be associated with 
them be and they and their successors hereby are consti- 
tuted a corporation hy the name of the proprietors of the 
Aqueduct in Northfeild for the purpose of conveying 
water by subteraneous pipes in the Town of Northfeild. 

Sect. 2. And be it further Enacted; that any three of 
the persons above named may by notification to be posted 
at the house of Edward Houghton Inholder in said North- 
feild call a meeting of the said Proprietors to be holden at 
said Houghton's on any suitable Time seven days at least 
after posting such notification ; and the said proprietors 
by a major Vote of those present, or represented as herein 
after provided at said meeting, accounting one Vote to 



Acts, 1796. — Chapter 75. 151 

each share, shall choose a Clerk, agree upon the mode of 
calling future meetings of the said proprietors, and may 
also elect any other officers which to them may seem nec- 
essary for carrying into efiect the object of their Incorpo- 
ration. — And the said proprietors at the same or any 
subsequent meeting of the Corporation may enjoin and 
order fines and penalties for the breach of any bye Laws 
not exceeding thirteen dollars for any one breach of said 
Laws. — And all persons appearing at any of said meet- ^/proxfe"?"'' 
ings to represent any of the said proprietors shall have 
therefor an appointment in writing signed by the person 
to be so represented, which shall be recorded by the Clerk 
of the Corporation ; whose duty it shall be truly to enter 
and record in a Book to be kept for that purpose, this Act 
and all Rules and bye Laws, Votes and Proceedings of the 
said corporation; which Book shall be subject to the In- Books may be 
spcction of any person or persons appointed by the Legis- 
lature, and the Clerk of said Corporation shall be sworn 
to the faithfull discharge of the duties of his office. 

Sect. 3. Be it further Enacted, That the said propri- Proprietors 
etors be and they hereby are authorized to enter upon and Highway. 
dig up any highway for the purpose of placing such pipes 
as may be necessary to complete said Aqueduct or of re- 
pairing the same ; provided they do not thereby impede Proviso, 
the passing of Travellers. 

Sect. 4th. And he it farther Enacted, that any share case of 
or shares in said property shall be liable to attachment on "* 
mesne process, and such attachment shall be made by 
leaving an attested copy of such process with the proprie- 
tor's Clerk at the time of such attachment ; and such share 
or shares may be sold on Execution in the same manner 
as is or may be provided for the sale of personal property 
by execution ; the officer making sale, leaving a Copy of 
the execution with his return on the same with the Clerk 
of the proprietors within ten days after such sale. 

Sect. Stii. Be it further Enacted, that any person PorBons injur. 
wilfully injuring said Aqueeduct shall be subject to the same *"^ ''"*" ""^ 
penalties as are provided in the second section of an Act 
intitled an act for the more eftectually preventing tres- 
passes in divers cases passed in the year of our Lord one 
thousand seven hundred and eighty five, and shall be 
liable to make good all Damages so done to said Pro- 
prietors. Approved March 9, 1797. 



152 



Acts, 1796. — Chapter 76. 



Persons incor- 
porated. 



May hold real 
estate. 



First Meeting. 



OIHcers to be 
chosen. 



Assessments 
may be laid. 



Shares may be 
Bold, when 
aBsesBments ar 
not paid. 



1796. — Chapter 76. 

[January Session, ch. 42.] 

AN ACT TO INCORPORATE WILLIAM GRAY JUNR. AND OTHERS 
FOR THE PURPOSE OF BRINGING FRESH WATER INTO THE 
TOWNS OF SALEM AND UANVERS BY SUBTERRANEOUS PIPES. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, That the said William Gray junr. 
& Joshua Ward l)oth of Salem, and Edward Soutliwick 
of Danvers and all such other persons as are or may be 
associated with them be, and they and their Successors 
hereby are constituted a Corporation by the name of 
"The proprietors of the Salem & Danvers Aqueduct," 
for the })urpose of conveying fresh water by subterraneous 
pipes into the towns of Salem & Danvers. 

Sect. 2. Be it further Enacted by the authority afore- 
said, that the said Corporation shall have power to pur- 
chase, take or hold any real estate necessary for the 
purpose of their institution, not exceeding the sum of 
Thirty Thousand Dollars in value. 

Sect. 3. Be it further Enacted, that any two of the 
Proprietors aforenamed may, and they are hereby em- 
powered to call a meeting of said Proprietors by a 
notification published in the Salem Gazette at least seven 
days previous to such meeting ; at which meeting said 
Proprietors shall choose a Clerk, whose duty it shall l)e 
fairly & truly to enter & record in a Book or Books for 
that purpose to be provided and kept, this Act & all the 
Rules, bye laws, votes and proceedings of said Corpora- 
tion ; which book or books shall at all times be subject to 
the inspection of any person for that purpose appointed 
by the Legislature ; and the said Clerk shall be sworn to 
the faithful discharge of the duties of his office ; and at 
the same meeting said proprietors shall elect such number 
of Directors to manage the prudential business of said 
Corporation as to them shall seem expedient ; and such 
Directors, as well as those which at any meetings there- 
after may be chosen, shall have power from time to time 
to assess such taxes on the Proprietors of the shares in 
said Aqueduct as they shall deem to be necessary ; and 
e on the neglect or refusal of any Proprietor to pay such 
Tax, to sell so many of his or her shares at vendue as will 



Acts, 1796. — Chapter 76. 153 

pay his or her taxes, after advertizing the sale of such 
share or shares in the Salem Gazette, for the space of ten 
days at least previous thereto ; the overplus (if any 
there be) after the payment of such taxes, & the charges 
of sale, to be paid to the owner of the Share or Shares so 
sold. And the said Proprietors may at said meeting, 
elect any other officers which to them may seem necessary 
for carrying into effect the object of their institution, and 
may agree upon a mode of calling future meetings of said 
Proprietors. 

Sect. 4. And be it further Enacted, that the said fg\'J^'jfii"{J'/j*'® 
Proprietors, may enjoin and order fines & penalties for 
the breach of any bye laws thereof, not exceeding thirteen 
Dollars for any one breach. 

Sect. 5. Be it further Enacted, that each Propri- ^^^e^f;;,';^^**' 
etor shall be entitled to one vote at any Meeting of the 
Proprietors for each and every share he shall hold or be 
entitled to in said Aqueduct ; Provided that no Propri- 
etor shall be entitled to more than ten votes. And all i^'o^^'^^- 
l)ersons appearing at any meeting to represent any of the 
said Proprietors, shall have therefor an appointment in 
Avriting signed by the person to be rei)resented which shall 
be filed with, or recorded by the Clerk of the Corporation. 

Sect. Gth. And he it farther Enacted by the author- 
ity aforesaid, that the said proprietors be and they hereby Highwuys may 
are authorized to enter upon dig up & open any part of ^^*^"^"i'- 
the Streets, highways, or town-ways in Salem or Danvers, 
or any town adjoining or near to them, or either of them, 
for the purpose of placing such pipes as may be necessary 
for the building & completing of said Aqueduct, or of 
repairing the same when requisite ; provided that the said I'roviso, 
Streets, highways or town-ways shall not be dug up or 
opened by the said Proprietors in such manner as to 
obstruct or hinder the citizens of the Commonwealth from 
passing therein with their Teams and Carriages with 
convenience. 

Sect. 7. And be it further Enacted, that if any ivnaiiyfor 
l)erson shall maliciously or wantonly injure said A(iuc- Aqueduct. 
duct, he or she upon indictment & conviction thereof, in 
the Supreme Judicial Court, may be punished by fine not 
exceeding three hundred Dollars, at the discretion of the 
same Court one half thereof to go to the Prosecutor, and 
the other half thereof to the use of the Town where the 
offence is committed ; and shall be liable to pay treble 



154 



Acts, 1796. — Chaptbk 77. 



Water to be 
used in case of 
fire without 
charge. 



Proviso. 



damages to said Proprietors to be recovered l)y action of 
the case. 

Sect. 8, A7id be it further Enacted that the Towns 
of Salem & Danvers severally, shall have the priv- 
ilege of placing conductors into the pipes or conduc- 
tors laid by the said Corporation for the purpose of 
drawing such water therefrom 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 occasions without paying the said Cor- 
poration any price "therefor ; Provided that such Town 
shall be held to secure such conductor so placed by the 
same in such manner that water cannot be drawn there- 
from unless by the orders of the Selectmen, or Fire-wards 
of the Town where the same may be placed. 

Approved March 9, 1797. 



1796. — Chapter 77. 

[January Session, ch. 43.] 

AN ACT TO INCORrORATE SEVERAL TRACTS, OR GRANTS OF 
LAND, SITUATE IN THE COUNTY OF CUMBERLAND INTO A 
TOWN BY THE NAME OF NORWAY. 

Sect. 1st. Be it Enacted by the Senate and House 
of Representatives in General Court assembled and by the 

Land described. Aulliority of the Same ; That one tract or grant of land 
known by the name of Rustfeild, another by Lee's grant, 
a third by Cumming's grant, together with the three tier 
of lots which formed a part of the plantation of Waterford, 
lying next to, and adjoining the easterly side of said plan- 
tation, the out lines of the said town of Norway, being 

Boundaries. as follows ; viz., beginning at a certain birch tree, stand- 
ing on the westerly side line of Paris, and on lot number 
thirteen, well marked ; thence running northerly, one 
thousand one hundred and sixty rods, by said Paris line, 
to a spruce tree marked ; then south, seventy six degrees 
west, one thousand and four rods, to a cedar tree, stand- 
ing on the easterly side line of Cumming's grant ; thence 
north twenty five degrees west, fifty five rods, to the 
northeasterly corner of said Cumming's grant ; then south, 
sixty fi-ve degrees west, four hundred and eighty rods, to 
the easterly side line of said Plantation ; th.en north, 
twenty five degrees west, on said easterly line of said plan- 



Acts, 179G. — CiiArTER 77. 155 

tation, about three hundred and thirty rods, to the north 
easterly corner of the plantation aforesaid ; then south, 
sixty-tivc degrees west, on the northerly side line of said 
l)lantation, crossing three tier of lots, to the dividing line 
between the third, and fourth tier of lots, from the afore- 
said easterly side line of said plantation; then south, 
twenty five degrees east, on said dividing line by the 
town of Waterford, as incorporated, to the southerly side 
line of said plantation ; then north, sixty five degrees east 
on said southerly side line of said plantation, crossing the 
ends of the aforesaid three tier of lots, about three hun- 
dred and thirty rods to the southeasterly corner of said 
plantation ; then south twenty five degrees east, by Phil- 
lips Gore (so called) six hundred and twenty four rods 
to Hebron line ; then north, fifty four degrees east, by said 
Hebron line, about one thousand and seventy four rods, 
to a tree standing in the westerly side line of Paris, 
marked ; then northerly by said Paris, about nine hun- 
dred and seventy rods to the first bound, together with 
the inhabitants thereon be and hereby are incorporated Norway lucor- 

. J L porated. 

into a Tovvn by the name of Norway. — And the said town 
of Norway is hereby invested with all the powers, privi- 
leges and immunities which other towns in this Common- 
wealth do, or may by law enjoy. — Provided nevertheless, Provisos. 
that Waterford as incorporated, exclusive of the before- 
mentioned three eastern tier of lots are and shall be en- 
titled to four fifths of all public lots, lying within the 
aforesaid three tier of lots. — Provided also, that no taxes 
of any kind be laid on any part of the Land contained 
within the bounds of Lee's grant, untill the expiration of 
ten Years from the passing of this Act. 

Sect. 2d. Be it further Enacted by the Authority 
aforesaid, that Enoch Perley Esq. l)e and he is here])y ini- Kuoch Periey, 
powered to issue his warrant directed to some suitable wariuut. 
inhabitant of the said Town of Norway requiring him to 
notify and warn the inhabitants thereof, to meet at some 
convenient time and place for the purpose of choosing all 
such officers as towns are by Law required to choose in 
the Months of March or April annually. 

Approved March 9, 1707. 



156 



Acts, 1796. — Chai>ter 78. 



Preamble. 



Persons Incor- 
porated. 



Purposes. 



1796. -Chapter 78. 

[January Session, ch. 44.] 

AN ACT ESTABLISHING THE THIRD MASSACHUSETTS TURNPIKE 
CORPORATION. 

Whereas the highioay leading from Northam'pton to 
Pittsfield is rochy & mountainous^ and the expence 
of straitening malcing and repairing the same through 
the towns of West-hampton, Williamshurgh, Chesterfield^ 
Worthington, Patridgefield and Datton, so as that t J le same 
may be convenient for travellers with horses & carriages 
would be much greater than ought to be required of the said 
towns ; 

Sectn. 1st. Be it therefore enacted by the Senate and 
House of Representatives in General Court assembled & 
by the authority of the same^ that Jonah Brewster, Elisha 
Brewster, Jonathan Brewster, Robert Breck, Samuel 
Bufl5ngton, Tristram Browning, William Butler, Benjamin 
Bates, Benjamin Bonny, Amasa Clap, Timothy Childs, 
Joshua Danforth, Josiah Dickinson, Oliver Edwards, 
William Edwards Nathaniel Edwards, Nahum Eagur, 
William Gove Junr., Thomas Gold, John Hastings, Eben- 
ezer Hunt, Samuel Plenshaw, Samuel Hinckley, Heze- 
kiah Hutchins, Charles Kidd, Moses Kingsley, Ebenezer 
Lane, Simon Earned, Erastus Lyman, Joseph Lyman 
Junior, Josiah Mills, Rufus Marsh, Joseph Marsh, Eben- 
ezer Mattoon Junr., Ebenezer Pierce, William Williams, 
Charles Phelps, Quartus Pomroy, Benjamin Parsons, 
Spencer Phillips, Benjamin Pierce, Asahel Pomroy, Ben- 
jamin Prescott, Caleb Strong, Ezra Starkwather, Levi 
Shephard, John Stone, James Swan, Nathaniel Tracy, 
Peter Tompson, Benjamin Tappan, Henry Van Schaack, 
John Chandler Williams, Jonathan Woodbridge, Con- 
sider White and all such persons as shall be associated 
with them and their successors be & they hereby are con- 
stituted a Corporation by the name of the third Massachu- 
setts turnpike Corporation for the purpose of laying out 
& making a turnpike road from the East side of Robert's 
hill so called in Northampton by the forks of the road 
leading from Dalton meeting-house to Windsor in the 
County -of Berkshire near the house formerly owned by 
Major Jeremiah Cady to the Eastwardly line of Pittsfield, 
and for keeping the same in repair, in such place or places 



Acts, 1796. — Chapter 78. 157 

as the said corf)oration shall choose for the same ; which 
road shall not be less than four rods wide and the path to 
be travelled on not less than eighteen feet in width in any 
place ; And that when said Turnpike road shall be sufE- Erected? ^^ 
ciently made & shall be so allowed and approved by the 
Justices of the Supreme Judicial Court at any Term thereof 
in any County in this Commonwealth, then the said Cor- 
poration shall be authorized to erect three turnpike gates 
on the same, in such manner as shall be necessary & con- 
venient ; one of which gates shall be near the house where 
the said Nathaniel Edwards now keeps an Inn ; one other 
near the bridge over Westfield river in Chesterfield ; & 
the third gate near the Inn now kept by Samuel Hascall 
in Patridgefield, and shall be intitled to recieve from each 
traveller and Passenger at each of the said gates, the fol- 
lowing rates of toll ; vizt. for every coach phaeton, Chariot Ton. 
or other four wheel carriage drawn by two horses twenty 
five cents ; & if drawn by more than two horses an addi- 
tional sum of four cents iov each horse ; for every Cart 
waggon sled or sleigh drawn by two oxen or horses ten 
cents ; & if drawn by more than two an additional sum of 
three Cents for every such ox or horse ; for every Curricle 
ten Cents ; for every chaise, chair or other carriage drawn 
by one horse nine cents ; for every man and horse five 
cents ; for all oxen horses and neat cattle led or driven 
besides those in teams and carriages three cents each ; for 
all sheep & swine three cents by the dozen and in that 
proportion for a greater or less number ; provided that no 
toll shall be taken of any person passing said road on 
military duty. 

Sectn. 2d. And be itfiwther enacted that the said cor- corporation 
poration may purchase and hold any land over which the}^ pay^ing'foHt'.'^ 
may make the said road ; & the Justices of the Court of 
General Sessions of the Peace in such County are hereby 
authorized, on applic[l]ation from the said Corporation to 
lay out such road or any part thereof within their respec- 
tive jurisdictions, as with the consent of said corpora- 
tion they may deem proper ; and the said Corporation 
shall be holden to pay all damages which shall arise to any 
person by taking his land for such road where it cannot 
be obtained by voluntary agreement, to be estimated b}' a 
Committee appointed by the Court of General Sessions of 
the peace in the County in which such damage shall arise ; 
saving to either party the right of Tryal by Jury, accord- 



158 



Acts, 1796. — Chapter 78. 



Penalty for 
iinreasouablj' 
delaying trav- 
ellers. 



To pay damages 
for accidents 
where repairs 
are neglected. 



Penalty for 
injuring the 
gates, or at- 
tempting for- 
cibly to pass. 



ing to the law which makes provision for the recovery of 
Damages happening by laying out pul)lic highways. 

Sect. 3d. A7id be it furtlier enacted tbat if said cor- 
poration, their toll-gatherers or others in their employ 
shall unreasonably delay or hinder any traveller or pas- 
senger at either of the said gates, or shall demand or 
recieve more toll than is by this act established the Cor- 
poration shall forfiet & pay a sum not exceeding ten Dol- 
lars nor less than one Dollar ; to be recovered before any 
Justice of the Peace of the county where the offence shall 
be committed by any person injured, delayed or de- 
frauded in a special action on the case ; the writ in which 
shall be served on the said Corporation by leaving a copy 
of the same with the treasurer or with some individual 
member of the Corporation living within the County 
wherein the action may l)e brought, or leading the Con- 
tents thereof to the said Treasurer, or individual meml)er, 
at least seven days before the day of tryal ; & the Treas- 
urer of the said Corporation or individual member shall 
be allowed to defend the same suit in behalf of the Cor- 
poration ; and the Corporation shall be liable to pa}'" all 
damages which shall happen to any person from whom 
toll is by this Act demandable for any damages which 
shall arise from defect of bridges (excepting the bridge 
over Westfield river in Chesterfield, and the bridge at the 
foot of Snake-Hill, in Worthington which are still to be 
kept up by the said towns of Chesterfield & Worthing- 
ton) or want of repairs within the same way, &, shall also 
be lial)le to a fine on presentment of the Grand jury for' 
not keeping the same way or the bridges thereon except 
as aforesaid in good repair. 

Sectn. 4th. And be it farther enacted that if any per- 
son shall cut, break down, or destroy any of the said turn- 
pike gates, or shall forcilily pass, or attempt by force to 
pass the same, without having first paid the legal toll at 
such gate, such person shall forfiet & pay a fine not 
exceeding fifty Dollars nor less than two dollars to be 
recovered b}^ the Treasurer of the said Corporation to 
their use in an action of Trespass. And if any person shall 
with his cattle, team, carriage, or horse, turn out of the 
said road, to pass any of the said turnpike gates on ground 
adjacent' thereto and again enter on said road, with intent 
to avoid the toll due by virtue of this act, such person 
shall forfeit & pay three times so much as the legal toll 



Acts, 1796. — Chapter 78. 159 

would have l)een ; to he recovered by the treasurer of the 
said Corporation to the use thereof, in an action of Debt 
on the case : provided that nothing in this act shall ex- rroviso. 
tend to intitle the said cor[)oration to demand toll of any 
person who shall be passing with his horse or carriage to 
or from pu])lic worship, or with his horse team or cattle, 
or on foot to or from his common labour on his farm, or 
to or from any mill or on the common and ordinary busi- 
ness of family concerns within the same town. 

Segtn. 5. And. be itfurthei' enacted that the shares in shares may be 
the same turnpike road shall be taken deemed & consid- 
ered to be personal estate to all intents & purposes ; &. 
shall and may be transferable, & the mode of transfering 
said shares shall be l)y deed acknowledged before a justice 
of the Peace and recorded by the Clerk of the said Cor- 
poration in a book to be kept for that purpose ; and when -maybe 
any of said shares shall be attached on mesne process an 
attested copy of such process shall at the time of the 
attachment be left with the Clerk of said Corporation, 
otherwise such attachment shall be void. And such shares 
may be sold on Execution in the same manner as is or 
may by Law" be provided for the sale of personal property 
by execution ; the officer making the sale or the Judgment 
creditor leaving a copy of the execution and of the oflScers 
return on the same with the Clerk of the Corporation 
within ten days after such sale and paying for recording 
the same. 

Sectn. 6. And be it further enacted that a meeting of First Meeting. 
the said Corporation shall be held at the House of Timothy 
Meach Innholder in Worthington aforesaid, on the first 
tuesday of April next for the purpose of choosing a Clerk 
and such other officers as may then and there be agreed 
upon by the said Corporation for regulating the concerns 
thereof & that the said Corporation may then and there 
agree upon such method of calling meetings in future as 
they may judge proper. 

Sectn. 7. And be it further enacted that the .said Estimate of 
Corporation shall within six months after the said road is exhibited, 
compleated lodge in the Secretary's office an account of 
the expences thereof; and that the said Corporation shall 
annually exhibit to the governour &, council a true account 
of the income or dividend arising from the said toll, with 
their necessary annual disbursements on said road ; and 
that the books of the said Corporation shall at all times be 



160 



Acts, 1796. — Chapter 78. 



Shares may 
be sold when 
assessments are 
not paid. 



Signlionrd to 
be erected. 



Corporation 
may lie dis- 
solved. 



Time for 
maljinj; Tiirn- 
pilie limited. 



subject to the inspection of a Committee to be appointed 
by the General Court, or to the inspection of the Gov- 
ernour & Council, when called for. 

Sectn. 8. And be it further enacted that whenever any 
proprietor shall neglect or refuse to pay any tax, or assess- 
ment duly voted & agreed upon by the Corporation, to 
their treasurer within sixty days after the time set for the 
payment thereof, the Treasurer of said Corporation is 
hereby authorized to sell at pu1)lic vendue, the share or 
shares of such delinquent proprietor, one or more, as shall 
be sufficient to defrey said taxes and the necessary inci- 
dental charges after duly notifying in the news-papers 
printed at Northampton, Springfield and Stockln-idge the 
sum due on any such shares and the time and place of sale, 
at least twenty days previous to the time of sale ; and such 
sale shall be a sufficient transfer of the share or shares so 
sold to the person purchasing ; and on producing a certifi- 
cate of such sale from the treasurer to the Clerk of said cor- 
poration, the name of such purchaser with the number of 
shares so sold shall be by the Clerk entered on the books 
of the said Corporation and such purchaser shall be con- 
sidered to all intents and purposes the proprietor thereof; 
and the overplus if any there be shall be paid on demand 
by the Treasurer to the person whose shares were thus 
sold. 

Sect. 9th. And be it further enacted that the said 
corporation shall, at all places where the said toll shall be 
collected, erect, and keep constantly exposed to view, a 
sign or board, with the rates of toll of all the tollable 
articles, fairly and legibly written thereon in large or 
Capita 1 characters . 

Sectn. 10. And be it further enacted that the General 
Court may dissolve the said Corporation whenever it shall 
appear to their satisfaction that the income arising from 
the said toll shall have fully compensated the said cori)o- 
ration for all monies, they may have expended in pur- 
chasing repairing and taking care of the said road together 
with an interest thereon at the rate of twelve per centum 
by the year ; and thereupon the property of the said road 
shall be vested in this Commonwealth and be at their 
disposal : Provided that if the said Corporation shall 
neglect to compleat the said Turnpike road for the space 
of three years from the passing this act, the same shall 
become void and of no etl'ect. Approved March 9, 1797. 



Acts, 179G. — Chapter 79. 161 



179<>. — CImpter 71). 

[January Session, ch. 45.] 

AN ACT TO INCORPORATE CERTAIN PERSONS TRUSTEES TO 
MANAGE THE FUNDS SUBSCRIBED FOR THE PERMANENT 
SUPPORT OF THE MINISTRY IN THE SOUTH PARISH IN NEW 
MARLBOROUGH. 

Whereas the Inhabitants of the South Parish in New preamble. 
Marlborough in the County of Berkshire have raised by 
S2ibsc7n2)tion a F^ind of Three thoiisand Dollars for the 
support of the Gospel Ministry in said parish S have 
petitioned the Legislature for an act of Incorporation of 
certain persons for the due management thereof^ 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives in General Court Assembled & by the 
Authority of the same^ that Jedidiah Ward, Ebenezer Trustees 
Smith, Phineas Norton, Lovett Taft, Gideon Canfield, «pp°»"i«'1- 
Zel)adiah Adams, Walter Dean, Josiah Whiting & Elihu 
Ward, be, & they hereby are appointed Trustees to 
receive & hold the whole of the monies that are already 
subscribed as aforesaid, or that may hereafter be sub- 
scribed for that purpose to the amount of Five thousand 
Dollars in the whole, in trust for the use & benefit of said Purpose. 
parish, & the permanent support of a Gospel Minister 
therein, & shall be & constitute a body Politic & Corpo- 
rate to have perpetual succession for the due & faithful 
management of said Trust, & shall be vested with all 
powers incident to Corporations necessary or requisite 
for that purpose. 

Sect. 2d. And be it further enacted, that said Trustees Authorized to 
beforenamed & their Successors, be & are hereby invested IcriptioM!'&c. 
with sufficient power to receive all such sul)scriptions, 
donations, securities & monies now in the hands of the 
Treasurer of said Parish, or any other person, or that 
may hereafter be made, given or subscribed for the pur- 
pose aforesaid (provided the same do not exceed Five 
thousand Dollars in the whole) & place the same at 
interest on good security at their discretion & apply the And appro- 
whole income & annual interest thereof for the support & p""'^' ^'"* 
maintainance of such Gospel Minister of said Parish, Imt 
not in any case to lessen or appropriate any part of the 
principal ; & in case the whole of said Annual income & 
interest shall exceed & be more than shall be necessary 



162 



Acts, 1796. — Chapter 80. 



Yearly accounte 
to be exhibited 
at a Parish 
meeting. 



Trustees may 
be removed & 
others ap- 
pointed. 



for the annual support of such Minister, the surplus, if 
any there be shall be appropriated for the support of 
Schools in said Parish, or any other puldic use as said 
Parish may from time to time order & direct. 

Sect. 3d. And be it further enacted that said Trustees 
shall make up yearly & every year a fair account in 
writing of their receipts & disbursements & lay the 
same before the Parish at their annual Meeting in March 
or April for their inspection & approbation. 

Sect. 4Tn. And be it furtJier enacted that the in- 
habitants of said Parish may at any lawful Meeting duly 
warned & called for that purpose remove any of said 
Trustees from their said office & appoint others in their 
stead, & also in case of death, resignation or removal 
of the said Trustees or their successors said Parish shall 
have power at any such meeting to fill up any vacancies 
that may happen from time to time. 

Ajyproved March 5, 1797. 



Dividing lines. 



Persons to 
belong to the 
Parish in 
which they 
reside. 



1796. — Chapter 80. 

[January Session, ch. 46.] 

AN ACT TO DIVIDE THE TOWN OF VASSALBOROUGn IN THE 
COUNTY OF LINCOLN INTO TWO SEPARATE AND DISTINCT 
PARISHES. 

Sect. 1. Be it Enacted by the Senate and Hou^e of 
Representatives in General Court assembled and by the 
authority of the same, that the Town of Va8sal])orough 
in the County of Lincohi be, and the same is hereby di- 
vided into two Parishes, to be denominated The North 
and South Parish. And the dividing Line between said 
two Parishes, shall be as follows, viz. Beginning on the 
Eastern side of Kennebeck Kiver, at the north west cor- 
ner of Lot numbered seventy seven ; and from thence run- 
ning an east-south-east course on the north line of said 
Lot, to the easterly boundary line of said Town. 

Sect. 2. And be it further Enacted, that all the In- 
habitants within the limits of the North Parish, and all 
the Inhabitants within the limits of the South Parish, 
shall be considered as belonging to the several Parishes 
in which they live ; and the said two Parishes are hereby 
severally invested with all the powers, rights, and privi- 
leges and immunities which other Parishes in this Com- 
monwealth are invested with. 



Acts, 1796. — Chaptek 81. 163 

Sect. 3. And be it further Enacted ^ that Ebenezer E.Farweii.Esq, 
Farwell Esqr. be and he hereby is authorized and em- waiTilirt. 
powered to issue his warrant directed to some principal 
Inhabitant in each of said two Parishes, requiring them 
respectively to notify and warn the Inhabitants of their 
respective Parishes to meet at such time and place in 
each of said Parishes, as by said warrant shall be duly 
specified & then and there respectively choose such 
Officers as may be necessary to manage the afiairs of said 
two Parishes — and the Inhabitants qualified by Law to 
vote, being assembled in their respective Parishes shall be 
& they are hereby empowered to choose such Officers 
accordingly. Ajiproved March 10, 1797. 

1796. — Chapter 81. 

[January Session, ch. 47.] 
AN ACT FOR REPEALING TWO FORMER ACTS RELATIVE TO 
BUILDING A BRIDGE OVER DAMARISCOTTA RIVER IN THE 
COUNTY OF LINCOLN & FOR INCORPORATING CERTAIN PER- 
RONS FOR THE AFORESAID PURPOSE. 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives in General Court Assembled & by the Au- 
thority of the same, that an Act entitled, "An Act incor- Former Act 
porating certain persons for erecting a Bridge over Dam- '■<'pp'»'«d. 
ariscotta River in the County of Lincoln," passed February 
the eleventh, one thousand seven hundred & ninety five ; 
& also an Act in addition to the above recited act passed 
February the thirteenth, one thousand seven hundred & 
ninety six, be & they hereby are repealed. 

Sect. 2d. And be it further enacted that John Farley, Persons now 
Waterman Thomas, William McColjb, James Cavannaugh »"««>-p°-t«'^- 
& jNIatthcw Cottril together with those who may hereafter 
associate with them, & their or any of their heirs & Assigns 
be & they hereliy are constituted a Corporation & Body 
Politic for the purpose of erecting a Bridge over Damaris- 
cotta River near the falls at the head of Navigation on said 
River. 

Sect. 3d. And be it further enacted that for re-im- toii. 
bursing to the said John Farley & others beforenamed 
their heirs & assigns the money which may be expended 
in building & supporting said Bridge a toll be & hereby 
is granted & established for the sole benefit of the said 
John Farley & others I )efo renamed, their associates heirs 
& assigns for the space of seventy years to commence 



164 



Acts, 1796. — Chapter 81. 



Bridge how to 
be built. 



To be kept In 
gooil repair. 



Time for 
bviildlDg bridge 
limited. 



from the day of opening said Bridge for passengers, ac- 
cording to the rates following vizt. For each foot passenger 
three cents — for one person & horse eight cents — for a 
single horse cart, sled or sleigh eleven cents — for each 
sleigh drawn by two or more horses seventeen cents — for 
each chaise, chair or sulkey seventeen cents — for each 
coach, chariot or phaeton twenty eight cents ; other car- 
riages or sleds drawn by two or more beasts twelve cents 
& a half — horses & neat cattle exclusive of those rode on 
or in carriages or teams four cents each — for swine or 
sheep eight cents per dozen & at the same rate for a greater 
or less number ; & in all cases the same toll shall be paid 
for all carriages & vehicles passing said Bridge whether 
the same be loaded or not ; tfc to each team one man & no 
more shall be allowed to pass free of toll ; & at all times 
when the toll-gatherer shall not attend his duty the gate 
or gates shall be left open ; provided however^ that the 
General Court shall have the right to regulate the toll after 
the term of twenty years from its commencement. 

Sect. 4th. And be it further enacted that the said 
Bridoe shall be well built of good & suitable materials, 
that it shall be at least twent}^ four feet wide with sufficient 
rails on each side for the safety of passengers & be pro- 
vided with a suitable draw or opening through the same 
for vessels to pass. And the proprietors or corporation 
shall keep the said Bridge in good safe & passable repair 
during the time they shall be proprietors of the same, 
which shall be for the space of Seventy years from & after 
the opening said Bridge for passengers ; at the end of 
which time it shall be surrendered to the Commonwealth 
in good repair. And if the said Corporation or Proprie- 
tors shall unreasonably neglect or refuse to keep said 
Bridge in good repair as aforesaid, on such refusal or neg- 
lect 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 the said Court to prohibit the 
proprietors aforesaid from receiving Toll from any person 
or persons passing said Bridge until it shall be put by 
them in such repair as shall be deemed sufficient. 

Sect. 5th. And he it enacted by the authority afore- 
said, that if the said Proprietors shall neglect for the 
space of. four years from the passing this act to build said 
Bridge then this Act shall be void. 

Approved March 10, 1797. 



Acts, 1796. — Chatter 82. 16^ 



179G. — Chapter 83. 

[January SeBsion, ch. 50.] 

AN ACT FOR KEKPING WATCHES AND WARDS IN TOWNS, AND 
FOR PREVENTING DISORDERS IN STREETS & PUBLIC PLACES. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
aidhority of the same, that all male persons of the ajjc of I'ersoDB who 

. ^ , t ^ ' ii/>ii !• ^^^ lo watch. 

eighteen years or upwards, bemg able oi l)oay or having 
estate sufficient to hire, shall in their respective Towns 
& Districts l)e liable to watch and ward, either in their 
own persons, or by some other sufficient person or persons 
in their room, when duly warned to attend the same in 
the manner hereinafter mentioned, except all persons who 
shall live more than two miles from the place where the 
watch or ward is kept, & except also the Justices of the 
Peace and the Selectmen of the Town or District, and 
the Sherift" of the County and settled Ministers of the 
Gospel. 

Sect. 2. Be it further Enacted, that when and so selectmen & 
often as a military watch shall not be appointed to be Peacc author-^ 
kept, the Justices of the peace (qualified to act) togetlier ^atche^.''^^''' 
with the Selectmen of each Town and District in this 
Commonwealth, & in such Towns & Districts where no 
Justice of the peace so qualified dwells, the Selectmen 
alone shall have power from time to time to direct and 
order a suitable watch or watches to be kept nightly 
within such Town or District, from and after nine o'clock 
in the evening until sun-rising in the morning, and also 
a ward to l)e kept in the day time & evenings when they 
shall think the same watch or ward necessary ; and to 
appoint the number of persons whereof the same shall 
consist, the place or places wherein they shall be kept, 
and the hour or hours for keeping the same ; and to give 
orders in writing accordingly, signed by a major part of 
such Justices & Selectmen, or Selectmen alone, as the 
case may be, directed to any Constable or Constal)les of 
the town or district empowering and requiring him or 
them from time to time, to warn such watch or ward, and 
to see that all })er8ons so warned by him or them, do 
attend and do their duty in such manner as shall be 
required ; & in the warning thereof, to take care that 
some able house holders or other sufficient persons be 



166 



Acts, 1796. — Chapter 82. 



Duty of Buch 
watchmen. 



Constable to 
carry a badge. 

Court of Ses- 
BioiiH may direct 
apportionment 
of expense, in 
certain cases. 



Officer of each 
night's watch to 
be appointed 
when con- 
stable's watch 
ie not kept. 



joined in each wutch or ward. And such Constable or 
Consta))les shall charge the Watch to see that all disturb- 
ances and disorders in the night be prevented & sup- 
pressed ; and to examine all persons whom they shall see 
walking abroad in the night after ten o'clock, & whom 
they shall have reason to suspect of any unlawful intention 
or design, of their business abroad at such season, & 
whether [wJnihe7'^ they are going ; and in case they give 
not reasonable satisfaction therein, then to secure l)y im- 
prisonment or otherwise, all such disorderly and sus- 
picious persons, to be safely kept until Morning ; tlien to 
carry them before one of the next Justices of the peace to 
be examined and proceeded against according to the 
nature of their offences as is by law directed. And such 
Watchmen shall walk the rounds in and about the streets, 
wharves, lanes & principal inhabited parts within such 
Town or District, to prevent any danger by fire, and to 
see that good order is kept, taking particular observation 
& inspection of all houses & families of evil fame, and 
shall strictly observe the charge to be given them as 
aforesaid — And each Constable Avhen attending watch or 
ward, shall carry w^ith him the usual badge of his office. 

Sect. 3. Be it further Enacted that in any Town 
wherein the said Justices & Selectmen, or Selectmen 
alone (as the case may be) shall judge that a watch may 
be kept more for the benefit and safety thereof in any 
other manner than is herein before directed ; & the in- 
habitants thereof shall agree to support the charge of the 
same, the Justices in the Court of General Sessions of 
the peace within the County wherein such Town lies, 
upon application made, are hereby empowered to direct 
and order the rule for apportioning & levying such sum 
upon the inhabitants & residents in such town, as shall 
b^ granted by the town for that purpose, in such manner 
as they shall judge most equal & just, by poll, estate or 
both, to be applied accordingly. 

Sect. 4. Be it further Enacted, that whenever a 
Watch shall be so appointed and agreed upon, different 
from a Constable's watch, the number and qualifications 
of the persons whereof it shall consist, shall also be agreed 
upon by the said Inhabitants of the Town, observing the 
rule prei^cribed in the first Section of this Act ; and one 
sober, discreet, able-bodied housholder shall be appointed 
ofl5cer of the watch, by said Justices, & Selectmen, or 



Acts, 1796. — Chapter 82. 167 

Selectmen alone (as the case may be) to take the charge 
and conmiand of such watch, who, as the badge of his HisequipmentB. 
office, shall carry a (juarter-pike, with a s})ire on the top 
thereof; and every Watchman, as well in this as in the 
Constable's watch, shall carry a Stall' with a Bill fastened 
thereon, as is usual. And the powers & duties of the 
said Officer & Watchmen shall be the same as are before 
prescribed in the second Section of this Act in the case 
of a Constable's Watch. 

Sect. 5. Be it further Enacted, That if any Person Penalty for 
liable to watch or ward as aforesaid, being duly warned waich"^ " 
by the Officer of the watch or Constable, or by other 
person appointed by such officer or constable, shall refuse 
or neglect to appear and attend his duty in that resjoect, 
either by himself or some other sufficient person in his 
stead, and be thereof convicted before a Justice of the 
peace, either by the oath of the Constable, Officer or 
other sufficient Testimony on oath, without a just & 
reasonable excuse to be made and given for the same, he 
shall forfeit & pay for each offence, the sum of one dollar 
to the use of the poor of the town or district ; the same 
with costs of prosecution to be levied by distress & sale 
of the Goods & Chattels of such offenders, or otherwise 
be committed to prison until the same shall be paid. 
And if any Constable or Officer of the watch shall neglect Penalty for 
or refuse to observe and perform the orders he shall from "ffice^'oTthe 
time to time receive he shall forfeit & pay to the use of ^'*''=*'- 
said poor a sum not exceeding ten dollars to be levied as 
aforesaid. 

Sect. 6. Be it further Enacted, that when the said ^g'^^tte'uded° 
Justices of the Peace & Selectmen, shall think fit to walk when they walk 
by Night to inspect the order of the Town wherein they ^ °'^ 
dwell, such of said Constables and Watchmen shall attend 
them as shall be required to do the same, and obey their 
lawful Commands. 

Sect. 7. Be it firther Enacted that the fee to the ooaier'sfee 
Goaler for each person taken up in the Night and com- ments under 
mittcd to be secured only till the next day, shall be '^'*'*'^- 
Twenty-five cents and no more. 

Sect. 8. Be it fir titer Enacted, that if any person Penalty for 
shall ride with a naked Scythe on the high- ways, or thro' "aked^ythes. 
any lanes, streets or alleys, the person so offending shall 
forfeit and pay for each offence, two dollars. 



168 



Acts, 1796. — Chapter 82. 



ABBetnbling 
armed or in 
disguise, with 
imagery, &c., 
prohibited. 



Assembling 
with imagery 
&c. in the night, 
prohibited. 



Bonfires 
within ten rods 
of houses 
interdicted. 



Appropriation 
of fines. 



Masters and 
parents liable 
for offences of 
their servants 
and children. 



Former Acts 
repealed. 



Sect. 9. Be it further Enacted ^ that if any three or 
more persons, being any or all of them armed, with 
sticks, clubs, or any kind of weapons, or being in any 
manner disguised, shall assemble together, having any 
imagery or pageantry as a public shew, in any of the 
streets or lanes in any town or district in this Common- 
wealth, or if any person or persons of or belonging to 
any Company having any kind of imagery or pageantry 
for a pu])lic shew, shall by menaces or otherwise, exact, 
require, demand or ask any money or other thing of value 
from any persons in the streets, lanes or houses in any 
such Town or District, every person being of or assembled 
with such Company, shall for each oftence, forfeit and 
pay eight dollars, or be imprisoned not exceeding one 
month. 

Sect. 10. Be it further ^7iac^ecZ, that if any persons 
to the number of three or more, between sun-setting & 
sun-rising being assembled together in any of the streets 
or lanes, in any Town or District, shall have any kind of 
imagery or pageantry for a public shew, although none 
of the Company so assembled shall be armed or disguised 
or exact, demand, or ask any money or other thing of 
value, every person being of such Company, shall forfeit 
and pay the sum of Eight Dollars or be imprisoned not 
exceeding one month. 

Sect. 11. Be it further Enacted^ that if any person 
or persons shall set fire to any pile or combustible stuff, 
or be any ways concerned in causing or making a Bonfire, 
in any street or lane, or any other part of any Town or 
District within this Commonwealth," such Bonfire being 
within Ten Rods of any house or building, every person 
so otFending, shall for each oflence forfeit and pay the 
sum of Eight Dollars, or be imprisoned not exceeding one 
month — The several fines in the eighth, ninth, tenth and 
eleventh sections of this Act, shall be recovered with 
costs of prosecution, one moiety of said fines to the use 
of the poor of the Town or District wherein the ofience 
shall be committed, and the other moiety to him or them 
who shall sue for the same — and all masters are hereby 
made liable to pay the several fines as aforesaid, in this 
and the two next preceding Sections, for the offences of 
their servants ; & all parents for the ofiences of their 
Children, under age and not being servants. 

Sect. 12. Be it further Enacted that the six Acts, the 



Acts, 1796. — Chapter 83. 109 

subject matter whereof is included in this act ; to wit, — 
An Act passed A. D. sixteen hundred & ninety nine for 
keeping watches in Towns ; another Act passed A. D. 
Seventeen hundred & three, to prevent disorders in the 
night ; a Clause in an Act passed seventeen hundred & 
eleven to prevent Kiots & Disorders in Streets in the 
night ; another Act in addition to said Act respecting 
watches in Towns, passed A. D. seventeen hundred & 
twelve ; another Act passed A. D. seventeen hundred & 
twenty six to })revent persons from riding with naked 
Scythes ; and another Act passed A. D. seventeen hundred 
c^ tifty-two & continued in force to November first seven- 
teen hundred & ninety seven, to prevent tumultuous & 
other Assemblies, & Bonfires in Streets & lanes in Towns, 
be and the same are hereby repealed ; except however the 
same shall remain in force, for the purpose of collecting 
any fines incurred by virtue thereof. 

Approved March 10, 1797. 

1796. — Chapter 83. 

[January Session, ch. 48.] 

AN ACT FOR REGULATING THE TAKING OF SHAD, ALEWIVES 
AND OTHER FISH IN NEPONSET RIVER, AND THE SEVERAL 
STREAMS FROM THE PONDS CALLED PUNCAPOG AND MAS- 
SAPOG. 

Sect. 1. Be it Enacted by the Senate arid House of 
Representatives in General Court assembled and by the 
authority of the same, that there shall be Sluice-ways siuices 
through Leed's Dam, and McLane's Dam on Neponset '^"'^'^''"^• 
River, each eight feet in width and in dej)tli, within eigh- 
teen inches of the Mud-sill ; the former within Fifteen feet 
of Leed's Grist-mill floom, and the latter where the Sluice- 
way now is. And the owners of all other Dams, across 
said river Neponset, shall make Sluice-ways of the width 
of eight feet, and in depth, within eighteen inches of the 
mud-sill ; and all Dams on the Brook from Massapog 
Pond to Nei)onset river shall have a Sluice-way six feet 
wide, and as low as the natural stream ; and all Dams on 
the Brook from Puncapog Pond to said Neponset river, 
shall have a Sluice-way three feet wide, and as low as the 
natural stream. 

Sect. 2. Be it further Enacted, that the Court of ^eappoTnteTt'o" 
General Sessions of the peace for the County of Norfolk, superintend 
shall at their Spring Sessions, annually appoint a Com- ways. 



170 



Acts, 1796. — Chapter 83. 



Penalty for 
disobeying 
Committee. 



Penalty for 
taking fish at 
improper 
times, &c. 



mittee of three disinterested Freeholders & not inhabitants 
of Stoughton, Sharon, Canton, Dorchester or Milton, who 
shall be sworn to the faithful discharge of their duty, & 
who shall determine the time when the sluice-ways shall be 
opened & also when they may be shut ; & may also if they 
think it expedient & not injurious to the passing of said tish, 
direct one half of any sluice-way or sluice-ways to be shut ; 
and may open any such Sluiceway on said river & streams 
at the expence of the owner, provided the owner neglects 
to do it for the space of twenty-four hours after being- 
notified by said Committee ; and if upon trial the present 
depth of said sluice ways shall prove insufficient, may, 
after hearing the parties, order the same to be made 
deeper ; provided the depth of said sluices, shall never be 
lower than twelve inches above the Mud-sill. And the 
said Committee, or any two of them, may in the execution 
of their Office when necessary, enter on the Land or Lands 
adjoining said streams without being considered as Tres- 
passers ; and the reasonable ex})ence of said Committee, 
shall be paid, one half by the owners of the Dams on the 
rivers & streams aforesaid, & the other half by the Towns 
of Sharon, Stoughton & Canton. 

Sect. 3. Be it further Enacted, that if any Owner or 
Owners, Occupant or Occupants of any Dam shall un- 
reasonably refuse to open his or their sluice-way when 
required by the Committee for the space of twenty-four 
hours, or shall refuse for the space of six days after being 
required by said Committee, to make their Sluice-way 
deeper, as provided for by this Act, he or they so offend- 
ing, shall for each offence forfeit and pay one hundred 
Dollars. 

Sect, 4. Be it further Enacted, that in case any owner 
or owners, occupant or occupants of any Dam shall shut 
the same, or cause or suffer any obstruction during the 
time assigned ])y such Committee for the passing of the 
fish ; or if any person shall during said term, cause any 
obstructions in any part of said streams, or use any Seine, 
or Drag-net in taking said fish, or shall take any of said 
fish except on Mondays, Wednesdays and Fridays in each 
Week, & betwixt sun-rising and sun-setting on each of 
said days, or shall so divert the water as to prevent the 
return .of young fish, he or they so offending, shall for 
each offence forfeit & pay the sum of twenty dollars, and 
shall forfeit all Seines and nets so used. 



Acts, 1796. — Chapter 83. 171 

Sect. 5. Be it furtfier Enacted ^ that the several towns Each town to 
adjoining the aforesaid river & streams, may at their an- mitt*ee. " *^**™' 
nual meeting in March or April, choose three Freeholders 
each, to inspect said fishery, who shall be sworn to the 
faithful discharge of their duty, &, shall complain of all 
breaches of this Act that come to their knowledge, c^ shall, 
when directed by the Committee of Sessions, remove ob- 
structions in said river or streams at the expence of the 
person causing the same. And any person chosen one of 
said Committee & being notified thereof, & who shall 
neglect to take his oath for the space of seven days, shall 
forfeit and pay the sum of five Dollars. 

Sect. 6. Be it furtJier Enacted, that if any person I'enaityfor 
shall molest or hinder either of said Committee in the ex- committee. 
ecution of their OflSce, he or they so offending shall forfeit 
&. pay a sum not more than seven, nor less than three 
Dollars. 

Sect. 7. Be it further Enacted, that each of the Towns Privilege of 
adjoining said River & streams, may at the aforesaid an- farmed. 
nual meetings choose a special Committee to farm out or 
sell the privilege of taking said fish, and establish the rates 
at which fish so taken shall be sold, and the money aris- 
ing from the sale of said fishery, or proceeds thereof, shall 
be paid into the respective Town Treasuries, for the use 
of the respective Towns, saving to Stoughton an equal 
share with the Town of Canton, as is i)rovided in the act 
of incorporation of the said Town of Canton ; and if any Penalty for 
})erson, in any town aforesaid after the farming or selling 
the privilege in said Town, shall take any of said fish, not 
being legally authorized so to do, or if any person being- 
authorized to take said Fish, shall, when in his power, 
refuse to sell, or shall receive for said Fish more than the 
established rate, he or they so ofi^ending, shall forfeit and 
pay a sum not more than twelve nor less than two Dollars. 

Sect. 8. Be it further Enacted, that it may be lawful ^.j'& Ki'rXy . 
for Jonathan Leonard and Adam Kinsley to kee]) down ;°»y ^^^v rfown 

, iir»i-i II their dam. 

their Dam the whole of the Year, they to make such a 
Canal or passage-way round their Dam in Canton, as the 
Committee of the Sessions aforesaid may ai)prove of as 
l)eing sufficient for the passage of said Fish ; and also 
make a ware to prevent said fish from passing up to the 
slitting-mill. 

Sect. 9. Be it further Enacted, that all forfeitures in- Forfeiturea how 
curred by a breach of this Act, shall be recoverable by 



172 



Acts, 1796. — Chapter 84. 



Former laws 
repealed. 



action of Debt with costs of suit, before any Justice of the 
Peace for said County of Norfolk ; excepting the penalty 
of one hundred Dollars, which may be in like manner re- 
covered in the Court of Common pleas for said County, 
one half of each penalty shall be to the use of the Prose- 
cutor, and the other to the Town where the offence is 
coumiitted. 

Sect. 10. Be it further Enacted, that all Laws here- 
tofore made for the preservation of, or taking the said 
Fish in the said River and Streams, be and they hereby 
are repealed. Approved March 10^ 1797. 



Certain pro- 
prietors of 
Charles River 
meadows incor- 
porated. 



First meeting, 
how to be called, 



1796— Chapter 84. 

[January Session, ch. 51.] 

AN ACT TO INCORPORATE CERTAIN PROPRIETORS OF MEADOW 
LA.NDS LYING ON CHARLES RIVER WITHIN THE TOWNS OF 
NEWTON, DEDHAM, & NEEDHAM FOR THE PURPOSE OF 
DRAINING OFF THE STAGNANT WATERS, AND FOR THE 
BETTER IMPROVING THE SAME. 

Sect. 1st. 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 pass- 
ing of this Act all the Proprietors (except those herein 
after excepted) of certain meadow lands, adjoining on 
Charles liiver, and which are ever overflowed by the 
Waters of said river, in the Counties of Middlesex & 
Norfolk, between the upper falls in said river in Newton 
& Needham, and the bridge called the new bridge over 
said river, between the aforesaid towns of Dedham & 
Needham, be & they hereby are incorporated into a Body 
Politic by the name of the Proprietors of Charles River 
meadows, and by that name may sue and be sued and do 
and suffer all matters, acts, or things which l)odies politic 
may or ought to do and sufter. 

Sect. 2. And be it further E7iacted, that any Justice 
of the Peace in the County of Norfolk, be & he hereby is 
empowered and directed upon application in writing, 
from ten or more of said Proprietors, to issue his warrant 
to one of the Proj)rictors aforesaid, requiring him to 
notify and warn a meeting of said Proi)rietor8, at such 
time and place as he shall judge most convenient, and 
for the purposes to be expressed in said warrant, by 
posting up copies of said warrant with the notifications 



Acts, 1796. — Chapter 84. 173 

thereon at the several houses of public Worship in said 
towns of Ne\Yton, Needham, & Dedham, and publishing 
the same, in the news-paper printed in Boston by the 
printers to the Genl. Court fourteen days at least before 
the time for holding said meeting ; & the said Proprietors, Business of 
when legally assembled as aforesaid, shall have power to *"" ""''®'^"'s- 
choose a clerk, committee, assessors, collector, or collec- 
tors of taxes and treasurer who shall be sworn to the 
faithful discharge of the trust reposed in them, and con- 
tinue to serve till others are chosen and sworn in their 
room, which may be as often as said Corporation shall 
Judge necessary ; which officers chosen & sworn as afore- 
said shall have the same power to perform, execute and 
carry any vote or order of said Corporation into full 
effect, as town officers of like descrijition have by law to 
do and perform, in their respective offices ; and said 
Corporation shall at their first meeting agree & determine 
upon a method for calling future meetings. And said ^o^je^j*^ 
Corporation shall at their first meeting or at any future 
meeting legally called for that purpose, have power to 
vote & raise monies for the purpose of removing the bars 
and other shoal places in said Charles River, or in mill 
creek, so called, leading under Dedham bridge, for the 
purpose of draining ofi" the stagnant waters from said 
Meadows, from time to time, as shall be found necessary, 
for saving the grass growing thereon, and to pay all other 
necessary expences for the better management thereof 
and for carrying the votes and orders of said Corporation 
into efiect. And all monies which may be voted to be 
raised as aforesaid, shall be assessed upon each proprietor 
in the MeadoAvs aforesaid in proportion to the number 
of acres he or she owns thereof, and the benefits likely to 
be received ; and if any proprietor shall refuse or neolect ^ami may be 

' J L L & gold when 

to pay the sum or sums assessed upon him or her as aaBessraentsare 
aforesaid, after sixty days notice, so much of his or her °° ^^' 
meadow land shall be sold, as will be sufficient to pay the 
same, together with legal costs, in the same way and 
manner, as non resident proprietor's lands in this Com- 
monwealth are sold to pay Town Taxes. 

Sect. 3d. Provided however. And he it further en- 
acted, that all the digging and draining Charles River or commisBioners 
Mill Creek aforesaid shall be done and performed under digging, &c. 
the immediate direction of such Commissioners as shall 
be appointed by the Supreme Judicial Court in the same 



174 Acts, 1796. — Chapter 84. 

way and manner as Commissioners of sewers may be ap- 
pointed agreeably to an Act of the Legislature of this 
Commonwealth made & passed in the year of our Lord 
Seventeen hundred & ninety six ; & the Supreme Judicial 
Court are hereby Authorised & empowered upon applica- 
tion of said Corporation or by their Committee which may 
be appointed for that purpose to appoint not less than 
three, nor more than five suitable persons to be commis- 
sioners for the purpose aforesaid, who shall be sworn to 
the faithful discharge of the trust reposed in them ; & said 
Commissioners when appointed and sworn as aforesaid 
shall carefully attend to, and inspect all the digging and 
removing the ol)structions in said Charles River or in the 
Mill Creek, and particularly to see that the waters which 
may be drained off from the meadows aforesaid shall be 
disposed of in such way & manner as will in the least in- 
jure the proprietors of the Mills on said Charles River, 
and those on Mill Creek stream leading into Neponset 
River ; And also shall consider & determine upon the Just 
and equal proportion of water, which shall run out of 
said Charles River down Mill Creek, for the Accomoda- 
tion of the Mills on that stream ; which proportion shall 
be determined upon according to the quantity of Water 
the said Charles River shall aftbrd, & the privileges the 
proprietors of Mills have heretofore enjoyed, as well on 
said Charles River, as on Mill Creek Stream ; and the said 
Commissioners shall fix & establish such permanent boun- 
daries in said Mill Creek as will secure the proportion of 
water which they may determine shall run that way. 

And whereas Edward Hall & others have represented 
to this Court, that it will not be to their advantage to be 
included in this Act for incorporating the Proprietors of 
the Meadows aforesaid. 
cep^TcTfi^om Sect. 4. J3e it further Enacted that Edward Hall, 

the Proprietary. Dauicl Richards, Thaddeus Hyde, Hannah Fuller, Na- 
thaniel Ward, Jonathan Bixby, John Kenrick, Thaddeus 
Whitney, William Mcintosh, Ebenezer Mcintosh, Amos 
Fuller, Michael Harris, Moses Fuller, John Slack, Aaron 
Cheney, Joseph Parker, Jeremiah Wiswall, Ebenezer 
Smith, Richard Richards, Perez Allen, Ephraim Wigon, 
Moses Richards & Jabez Baker, proprietors in some of 
the meadows aforesaid, be & they hereby are exce})ted 
from being a part of the Body Politic incorporated by this 
Act ; And the Meadows they severally own shall not be 



Acts, 1796. — Chapter 85. 175 

liable to l)e taxed for the purposes mentioned in this Act 
by virtue of the Authority herein given to the proprietors 
aforesaid provided that nothing herein shall ])e construed 
to prevent the persons exempted as aforesaid, from being 
admitted to be Members of the Body Politic incorporated 
Ijy this Act, whenever they shall signify the desire there- 
for in writing to the Clerk of said Corporation & be Voted 
in by a Majority of the members present at any legal 
meeting thereof. Approveil March 10, 1797. 



179G. — Chapter 85. 

[January Session, ch. 52.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT FOR REG- 
ULATING PILOTAGE IN SEVERAL PORTS IN THIS COMMON- 
WEALTH" AND FOR OTHERWAYS REGULATING THE PILOT- 
AGE OF THE PORT OF BOSTON. 

Wliereas the provisions in said Act made for regulating Preamble. 
the Pilotage for the port of Boston, have been found insuffi- 
cient to answer the purposes intended ; — 

Sect. 1st. Be it enacted by the Senate and house of 
Representatives in General Court assembled and by the 
Authority of the same, that so much of the Act passed on Part of a former 
the eleventh day July one thousand seven hundred and " •"«?«« e 
eighty three, entitled ' ' an Act for regulating pilotage in 
several ports in this Commonwealth" as relates to the 
appointing & regulating of Pilots & Pilot Boats for the 
port of Boston, be and is hereby repealed. 

Sect. 2d. Be it further enacted by the Authority 
aforesaid, that from and after the first day of April One Penalty for 
thousand seven hundred & ninety seven no person shall aut'horft^.'^''''"' 
undertake to pilot any Vessel drawing nine feet of Water 
or more (Coasters and fishing Vessels excepted) into or 
out of [the'] harbour of Boston, without having first 
o1)tained a Commission or Branch as is herein after pro- 
vided, under the penalty of fifty dollars for each offence. 

Sect. 3d. Be it further enacted, that the pilotage of ourwlr/puots 
the said harbour 'of Boston, shall be formed into two divi- of Boston, to 

1 T I T T • • 1 11 be appointed. 

sions, outward and inward ; and the outward division shall 
consist of four branches, and the inward division shall con- 
sist of three branches ; and no person so commissioned as 
a pilot or his deputy, shall undertake to bring in or carry Not to interfere 
out of said harbour an}- Vessel drawing nine feet of Water under p'e^auy!'^' 



176 



Acts, 1796. — Chaptee 85. 



Pilots to be 
recommended 
by the Marine 
Society. 



Pilots and 
deputies to lie 
sworn. 



Form of the 
oath. 



To give bonds. 



To take charge 
of vessels. 



Inward pilots to 
keep a boat. 



(Coasters & fishing Vessels excepted) except in his own 
particular branch, under penalty of Fifty Dollars. 

Sect. 4tii. Be it further enacted, that whenever the 
full number of Pilots before mentioned shall not be com- 
missioned and any person shall obtain from the marine 
Society of Boston a Certificate signed by their Clerk, that 
in their Opinion, or in the Opinion of the Major part of 
the Members, at a legal meeting of said Society he is cap- 
able & suitable to undertake the business of the outward 
or inward Pilotage of said Harbor of Boston, the Gover- 
nor with the advice of Council may grant to such person, 
a Commission or Branch, Authorising him to exercise the 
business of a Pilot for said Harbor of Boston, in the divi- 
sion for which he shall be so recommended, by the said 
Marine Society, and to employ such Deputies as he may 
find necessary ; and the same may annull whenever the 
Governor and Council shall have sufficient Evidence by 
Certificates from the Marine society, Chamber of Com- 
merce or other ways, that the said person is rendered in- 
capable or improper to be continued in said Business. 

Sect. Stii. Be it further enacted that every Pilot and 
Deputy appointed as aforesaid, shall before his entering on 
the business of his Office take the followino; Oath or aflirma- 
tion, before some Justice of the Peace — vizt., you A. B. 
do swear (or affirm, as the case may be) that you will 
perform the duties of an inward or outward bound Pilot 
(as the case may be) for the harbor of Boston according 
to your best skill and Judgement agreeably to the Laws 
of this Commonwealth — so help you God. — And each of 
said Branch Pilots of both divisions shall enter into bonds 
with sufficient sureties to the Treasurer of this Common- 
wealth, in the Sum of Two Thousand dollars, for the faith- 
full discharge of duty, both for themselves, and every one 
employed under them. And also that he will give up his 
commission or Branch whenever demanded as aforesaid. 
And each pilot of both divisions being Commissioned & 
qualified as aforesaid is hereby empowered and directed, 
by himself or his deputy, to take charge of any Vessel 
drawing nine feet of Water and upwards (Coasting & Fish- 
ing' Vessels excepted) bound into or out of the port afore- 
said and shall pilot such Vessel accordingly, first shewing 
to the -master thereof, his Branch or Warrant, And stating 
to him the amount of his Fees. 

Sect. 6Tir. Be it further enacted that each branch of 



Acts, 1796. — Chapter 85. 177 

the inward pilotage, shall always keep one staunch decked 
boat, not less than twelve Tons in good repair and calcu- 
lated to ply in the Bay in all Weathers, for the purposes 
aforesaid, to be furnished with at least three good Pilots, 
and shall be stationed in some place near the entrance of 
the Harbor convenient for the purpose aforesaid. 

Sect. 7th. Be it further enacted that the Governor Governor & 
with the advice of Council, be &> he hereby is empowered ?e°e8°of puo^age. 
& requested to determine & fix the fees of Pilotage of the 
several Pilots for said harbor of Boston, from time to time, 
having respect to the different risk and hazard of the in- 
ward & outward divisions & accordins; as the circum- 
stances of Peace or War, and the seasons of the year may 
severally require, & to specify the same on their respec- 
tive Warrants, and also to transmit to the Custom-house 
for the port of Boston & Charlestown a Schedule of said 
Fees to be hung up in that Office, for public inspection & 
information. 

Sect. 8th. Provided nevertheless^ and be it further 
enacted, that any Master of a Vessel from a foreign port captains re- 
who may choose to hazard the pilotage of his Vessel into to pay half 
the said harbor, shall be at liberty so to do, subject how- p^'"''*^^* 
ever to pay such pilot as shall first come or offer to come 
on board his Vessel without the lighthouse at the entrance 
of said harbor one half Pilotage according to the fees speci- 
fied in his warrant ; and such Pilot is hereby empowered 
on the refusal of the payment thereof by action on the 
Case, to sue for and recover the same. 

Sect. Oth. Be it further enacted that any Master of a Pilots to offer 
Vessel bound into the port aforesaid, whose Vessel shall wuhoutlhe 
not be boarded, or offered to be boarded by a Pilot of the ^r may°be^' 
inward division aforesaid untill he shall arrive within the '■^^^^^d. 
Lighthouse aforesaid may if he see fit be the pilot of his 
own Vessel into the port aforesaid without being subject 
to the payment of any Pilotage whatever & if such Master 
of any Vessel shall receive a Pilot within the Lighthouse 
aforesaid, he shall not be compelled to pay more then half 
Pilotage according to the Fees specified on the warrant. 

Sect. 10. Be it further enacted, that if any Vessel, for^vLleirioBt 
while under the Charge & direction of a Branch or warrant o^ '°J"{'*'! 
Pilot, or his deputy of the port aforesaid shall be lost, unskiifuiness, 
cast away or run aground, through the unskiifuiness or 
neglect of such Branch or W^arrant pilot, or his Deputy, 
in that Case, such branch or Warrant pilot, shall be liable, 



178 



Acts, 1796. — Chapters 86, 87. 



Inward pilots 
to secure ves- 
sels they bring 



Hulls of ves- 
sels liable for 
pilotage. 



not only for himself, but for his Deputy, to pay the just 
Value of the Vessell & her Cargo, or whatever damage 
may be sustained thereby, to be sued for & recovered 
by the Owner or Owners, Insurer or Insurers thereof 
in any Court proper to try the same. 

Sect. 11th. And be it farther enacted, that it shall be 
the duty of every pilot, or his deputy of the inward division 
of the port aforesaid, after having brought any Vessel 
into the port aforesaid, to see such Vessel properly moored 
in the Stream, or secured to the Wharf, at the Option of 
the Master, within Twenty four hours after the Arrival of 
such Vessel. 

Sect. 12th. And be it further enacted that the Hull & 
Appurtenances of all Vessels so piloted into or out of the 
harbor aforesaid, shall at all times within the space of 
sixty days be liable for the Charges of Pilotage agreeably 
to the Terms herein before expressed. 

Approved March 10, 1797. 



Preamble. 



Act repealed. 



1796. — Chapter 86. 

[January Session, ch. 54.] 

AN ACT TO REPEAL AN ACT PASSED THE TWENTIETH DAY OF 
JUNE ONE THOUSAND SEVEN HUNDRED AND EIGHTY EIGHT 
ENTITLED "AN ACT TO PREVENT THE DESTRUCTION OF 
SALMON AND SHAD IN CONNECTICUT RIVER." 

Wliereas the beneficial effects contemplated by the Act 
aforesaid have not been produced thereby, and the further 
continuance thereof is unnecessary — Therefore 

Be it enacted by the Senate and house of Representatives 
in General Court assembled, and by the authority of the 
same, that the Act aforesaid and every part thereof, from 
and after the passing of this Act shall be and the same is 
hereby repeal'd. Approved March 11, 1797. 



Preamble. 



1796. — Chapter 87. 

[January Session, ch. 49.] 

AN ACT TO AUTHORIZE THE SUPREME JUDICIAL COURT NOW 
SETTING IN BOSTON AGAIN TO CONVENE THE GRAND JURY 
THEREOF. 

WJiereas the supreme Judicial Court begun and holden 
at Boston within and for the County of Suffolk on the third 
Tuesday of February last, have lately discharged the 
grand Jury summoned and convened in and for the present 



Acts, 179G. — Chapter 88. 179 

terin of the said Court ; and whereas further matter appears 
for the enquiry and attention of the said grand Jury. 

Therefore 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that tjie said Court in their said present term orandjury 
shall have power if they judge best, to resummon and moLd!"'^""' 
convene the said grand Jury at said Court on such day 
and hour during the said present term as the said Court 
shall appoint; — And to that end, the said Court shall 
have power by the Sherrif of said County or his Deputy 
to serve personal notice on each Juror of the said Jury to 
appear at said time and place. — And if any one of the said auendan ""^ °°°" 
Jury shall neglect to appear and give his attendance as he 
shall be directed, without a reasonable excuse to be allowed 
by the said Court, he shall forfeit and pay ten dollars to 
be recovered and applied in the same manner as fines are, 
which are incurred by grand Jurors, by the Law of this 
Commonwealth. — And there shall be the same proceed- 
ings by the said Court and Jury, and their proceedings 
shall be valid in the same manner, as if the said Jury had 
not been discharged. Aji^iroved March 10, 1797. 

1796. — Chapter SS, 

[January Session, ch. 53.] 

AN ACT FOR THE EXTINGUISHMENT OF FIRE AND TO DIRECT 
THE PROCEEDINGS THEREAT. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, that each Town in this Common- Firewardsto 
wealth in their March or April Meeting annually wherein *'«<=^o»^°- 
the qualified Voters shall think it expedient to choose 
Firew^ards, shall hereafter have power to elect such number 
of suitable persons to be Fire-wards therein as shall be 
deemed necessary ; and each person so elected shall be 
notified thereof within three days ; and shall, within three 
days after being so notified, enter his acceptance or refusal 
of the said office, with the town Clerk ; and if any person Penalty for not 
being so elected and notified shall neo^lect to enter his *®"'°^- 
acceptance or refusal as aforesaid, he shall forfeit and pay 
Ten Dollars, unless excused by the Town ; and the Town 
shall have power to elect another in his place, in case of 



180 



Acts, 1796. — Chapter 88. 



To attend at 
fires. 



Power of 
Fireworda, &c. 



— to order the 
pulling down 
of buildings. 



— to require 
aBBistance. 



— to direct 
engine-men. 



Penalty for non- 
obedience to 
Flrewards. 



Persons wiiose 
houses may be 
pulled down, 
to be indemni- 
fied by the 
town. 



except it be 
a house where 
lire begins. 



such neglect or refusal ; and when any fire shall break out 
in any Town, wherein Fire wards shall be appointed, they 
shall immediately attend thereat, and carry with them a 
suitable staffer badge of their office. 

Sect. 2. Be it further Enacted^ that when any Fire 
shall break out in any Town, the Firewards thereof, who 
shall be present at the place in immediate danger, or any 
three of them and where no Firewards shall be appointed, 
a major part of the Selectmen present, or in their absence 
two or three of the civil officers present, or in their absence 
two or three of the chief military officers of said town 
present shall have power to direct the pulling down or 
demolishing any such house or building as they shall judge 
necessary to be pulled down or demolished in order to 
prevent the further spreading of the Fire : and during the 
continuance of any Fire, the said Firewards or Officers, as 
the case may be, shall have power to require assistance 
for extinguishing the same, and for removing any furni- 
ture, goods or merchandize from any building on fire or 
in danger thereof, and to appoint guards to secure the 
same, and also assistance for pulling down or demolishing 
any house or building as the case may require ; and further 
to suppress all tumults and disorders ; and the said Fire- 
wards Selectmen or Officers, as the case may be, shall 
have authority to direct and appoint the stations and opera- 
tions of the Engine-men, with their Engines, and of all 
other persons, for the purpose of extinguishing the Fire, 
and preventing its encrease ; and if any person shall refuse 
or neglect to obey any order given by said Fire-wards or 
Officers in the premises, the person so offending, shall 
forfeit and pay for each Offence, Ten Dollars. 

Sect. 3. Be it further Enacted, that if the pulling 
down or demolishing of any house or building by the 
directions aforesaid, shall be the means of stopping the 
said fire, or if the fire stop before it come to the same, 
then every owner of such house or Building shall receive 
a reasonable compensation, & be paid for the same, by 
the Inhabitants of the Town in which the fire shall happen ; 
& it shall be the duty of the qualified Voters in such Town, 
to grant such sum or sums of money, as shall be thought 
necessary and proper by the Selectmen of the same Town, 
and of the Assessors to assess the same : Provided always, 
that when it shall be adjudged fit that the house or build- 
ing where the fire shall first begin and break out should 



Acts, 1796. — Chapter 88. 181 

be pulled down or demolished, to prevent the further 
spreading and encreuse of the same fire, then the owner 
of such house or building shall receive no compensation 
for the same. Provided also, that if any person shall find Proviso. 
* him or herself aggrieved by the doings of the town, Select- 
men, or Assessors thereof, in estimating, voting or assess- 
ing such sum or sums, he or she shall have a right to appeal 
and complain to the next Court of General Sessions of the 
Peace to be holden in the County ; and the said Court 
thereon shall have power, on a consideration of all the 
circumstances of the case, to confirm said doings of said 
Town, Selectmen or Assessors, or to alter the same in 
such manner as the said Court shall judge proper ; and in 
either case, to award legal costs as the justice of the case 
may require ; and the Collectors to whom the said assess- 
ments shall be committed to collect, shall have the same 
powers & be subject to the same duties as in the collection 
of other town taxes, as well in collecting an assessment so 
confirmed or altered, as in cases wherein there shall be no 
appeal. 

Sect. 4. Be it further Enacted, that if any person sequestering 
shall in such case of Fire, plunder, purloin, embezzle, firertobe" 
convey away or conceal any furniture, goods, or chattels, deemed larceny, 
rights or credits merchandize or effects of the Inhabitants, 
whose houses or buildinos shall be on fire, or endansrered 
thereby, and said Inhabitants shall be put upon removing 
the same, and shall not restore or give notice thereof to 
the owner, (if known) or to one of the Fire-wards of the 
town, or bring them into such public place as shall be 
assigned by the Selectmen of the Town within two days 
after public notice shall be posted in some public place in 
the Town by the Selectmen thereof for that purpose, the 
person or persons so offending, and being thereof con- 
victed, shall be deemed guilty of Larceny, and punished 
accordingly. 

Sect. 5. Be it further' Enacted, that if any person Penalty for 
shall occupy or improve any Tenement or Building what- orHgging-foft, 
ever in any part of any maritime Town in this Common- excepfas'the^'"' 
wealth, for the business or employment of a Sailmaker or d^J.|c\™^° *'^*'' 
Rigger, or keeper of a Livery stable, except only in such 
parts of the Town as the Selectmen thereof, or a major 
part of them shall direct & determine, such Sail-maker, or 
Rigger so offending, shall forfeit & pay for each offence, 
Ten Dollars ; and such Keeper of a Livery-stable shall 



182 



Acts, 1796. — Chapter 88. 



Appropriation 
of doeB, 



Penalty for 
setting fire to 
woods, &c. 



Parents or 
masters to be 
liable for 
minors. 



Former Acts 
repealed. 



forfeit & pay for each offence Fifty Dollars, for every 
month so occupying the same, and so in proportion for a 
longer or shorter time. 

Sect. 6. Be it further' Enacted, that the several fines 
or forfeitures aforesaid, shall be two third parts thereof to 
the use of the poor of the Town where the offence shall be 
committed, & the other third thereof to him or them who 
shall inform and sue for the same ; and shall be recoverable 
with costs of suit, in any Court proper to try the same. 

Sect. 7. Be it further Enacted, that if any person or 
persons shall wittingly and willingly set fire to any woods 
or lands lying in common, or to wood-land or other land 
held in severalty, and not his own, within this Common- 
wealth, without leave first had and obtained from the 
owners of the land, or those who have a right to give the 
same leave, excepting in cases in which it may become 
necessary to make back fires to stop the progress or sub- 
due any fire that may be spreading, the person so offend- 
ing, shall forfeit and pay for each offence Ten Dollars, 
one moiety thereof to the use of the Commonwealth, and 
the other moiety thereof to the use of him or them that 
shall inform and sue for the same ; and shall be liable in 
a special action on the case, to pay damages to all persons 
injured by such fire, including the injury which may be 
done by any necessary back-fire made for the purpose 
aforesaid ; and in case any person under age, shall offend 
against this Act, such penalty shall be recovered of the 
Parent or Master respectively of such person under age 
unless it shall appear such person under age was employed 
or directed by some person other than the parent or 
master ; in which case the person so employing or direct- 
ing, shall be liable therefor ; and the fines in this Section 
mentioned, may be recovered in an action of debt, with 
costs of suit. 

Sect. 8. Be it farther Enacted, that this Act shall 
take effect and be in force on and after the first day of 
July next; and that an Act passed Anno Domini, seven- 
teen hundred and forty four for the speedy extinguish- 
ment of fire, and preserving Goods endangered by it, and 
another Act, passed Anno Domini seventeen hundred & 
fifty three and continued in force to Noveml)er next, to 
prevent' firing woods ; and another act passed Anno 
Domini seventeen hundred and sixty-two, & continued in 
force to November next to prevent damage by fire in the 



Acts, 1796. — Chapter 89. 183 

maritime towns ; and a clause in an Act passed Anno 
Domini sixteen hundred and ninety two, empowering two 
or three chief military or civil (Officers of the ToAvn to 
direct the pullinii' down or demolishing of houses in certain 
cases of fire, shall, on and after the said first day of July 
next be repealed, except the same shall remain in force 
for the collection of such fines as shall accrue under the 
same before that time. Approved March 10, 1797. 



1796. — Chapter 89. 

[January Session, ch. 58.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "ACT PROVIDING 
FOR THE DUE OBSERVATION OF THE LORD'S DAY, & RE- 
PEALING TIJE SEVERAL LAWS HERETOFORE MADE FOR THAT 
PURPOSE." 

W7iereas in (he first, second, third and fifth enacting preamble. 
clauses in the said Act, the several penalties annexed to 
the several offences therein described, are found to be too 
low, and not so appropriated as to answer the purposes 
intended thereby — therefore 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled & by the 
authority of the same, that the penalties aforesaid be, and fng^eLscd 
the same hereby are encreased as follows ; to wit ; the 
penalties annexed to the offences described in the said 
first & second enacting Clauses shall be not more than six 
Dollars & sixty-six cents, nor less than four Dollars for 
each ofi^ence. And the penalties of ten shillings annexed 
to the oli'ences first mentioned in said third enacted 
Clause, shall be encreased to three Dollars &, thirty three 
cents ; & the said fine in the same clause not exceeding 
Ten shillings nor less than five, shall be not less than two 
Dollars, nor more than four for each offence ; & the said 
fine of twenty shillings last mentioned in the same Clause 
shall be six dollars & sixty six cents for each offence ; & 
the said fines of Ten shillings, twice mentioned in said 
fifth enacted chiuse, shall be for each otfence in each case, 
Three Dollars & thirty three cents. 

Sect. 2. Be it further Enacted, that the fines & oVflneT'"""" 
penalties aforesaid shall be, one moiety thereof to the 
Town wherein the offence shall be committed, & the 
other moiety thereof to any person or })ersons who shall 



184 



Acts, 1796. — Chapter 90. 



How recover- 
able. 



Hackney car- 
riages not to 
drive from 
Boston on 
Sundays with- 
out special 
permission. 



inform & sue for the same ; to be recovered by a com- 
plaint to a Justice of the peace with costs of suit, or the 
said fines may be recovered by presentment of the Grand 
Jury before the Court of General Sessions of the peace 
in the County wherein the offence or offences shall be 
committed, & when thus recovered shall enure to the 
town wherein the offence shall be committed. 

Sect. 3. And be itfuiiher Enacted, that no owner or 
driver of any Hackney carriage belonging to the town of 
Boston, shall drive said Hackney Carriage into or from 
said town on the Lord's day, without first having obtained 
a Certiticate of permission from some Justice of the Peace 
within said Town for himself and each & every passenger 
by him so carried on the pain & penalty of forfeiting his 
licence for setting up, keeping & driving said Hackney 
Carriage for the term of three Years next after committing 
such offence. Approved March 11, 1797. 



1796. — Chapter 90. 



Preamble. 



[January Session, ch. 55.] 

AN ACT, IN EXPLANATION OF & IN ADDITION TO AN ACT, 
ENTITLED "AN ACT FOR INCORPORATING A CERTAIN PART 
OF THE TOWN OF LEE INTO A SCHOOL DISTRICT, BY THE 
NAME OF THE HOPLAND SCHOOL DISTRICT." 



Limits of 



Whereas doubts and difficidties have arisen upon the 
construction and operation of the said Act: 

Sect. 1. Be it Enacted by the Senate & House of 
Representatives in General Court assembled and by the 
authority of the same That the said Hop land School Dis- 
^&u ^'''*'°' trict shall be understood and construed to include all the 
Land situated in that part of the Town of Lee which 
formerly belonged to the Town of Great Barrington, to- 
gether with all the Inhabitants & residents thereon, but 
not to include any Land or real estate situate without the 
said Limits, though owned by a Kesident or Residents 
Avithin said District. 

Sect. 2. Be it further Enacted, that the Assessors of 
said District for the time being, or the Treasurer or the 
Clerks of said District, when there are no such Assessors, 
be and they hereby are respectively authorized & required 
to call District meetings for the purposes mentioned or 
intended in this and the former Act, in the same manner 
and under the same regulations & penalties as Selectmen 
of Towns by Law are. 



Assessors, &c. 
to call district 
meeting. 



Acts, 1796. — Chapter 91. 185 

Sect. 3. And be it further Unacted, that the polls & Sextmpied 
estates belonffinG: to the said District are & shall be from ijeing 

O o _ taxed by Lee. 

exempted from being subject to be taxed by the said 
Town of Lee, to the maintenance and support of Schools, 
and from being liable to be prosecuted and punished, or 
subject to the payment of anj^ fines or costs with the rest 
of said Town, for any neglect of said Town in maintain- 
ing and supporting Schools. 

Sect. 4. Provided always, & be it further Enacted, 
that the said District shall be liable to be prosecuted and prosecution for 
punished as a District, for neglecting to maintain and neglecting to 

. .ii c ^^ \ \ ^ -t support schools. 

support their proi)ortionable part oi all schools by Law 
required to be kept, maintained or supported by or 
within said Town, in the same manner as a Town is by 
Law liable to be prosecuted and punished for neglect of 
Schools. • Approved March 11, 1797. 



1796. — Chapter 91. 

[January Session, ch. 56.] 

AN ACT IN ADDITION TO AN ACT PASSED MARCH NINTH 
SEVENTEEN HUNDRED AND NINETY TWO ENTITLED "AN 
ACT REGULATING THE TAKING OF THE FISH CALL'D ALE- 
WIVES IN THE SEVERAL STREAMS EMPTYING INTO MER- 
RIMACK RIVER IN THE TOWN OF ANDOVER." 

Be it enacted by the Senate and house of Representa- 
tives in General Court assembled and by the authority of 
the same, that such part of the fifth enacting clause in the ciauseofa 
afore recited Act as limits and determines the price of the repealed.*' 
aforesaid fish to one fifth of a Dollar for each hundred 
taken and distributed, be and hereby is repealed. 

And be it further enacted by the authority aforesaid 
that the inhabitants of said Andover at their annual The town to 

..1 1 f -\ T ^ k •^ ^ i regulate the 

meeting in the months oi March or April be, and are price offish. 
hereby impower'd and authoris'd to determine and state 
the price of the aforesaid fish per hundred ; and the Com- 
mittee or Committees as in said Act, are directed to 
supply the persons applying for said fish at such rates as 
the Town may determine and direct under the penalties 
provided in the Act to which this is an addition, provided 
such stated price be posted up in manner as directed in 
the afore recited Act respecting the places of taking said 
fish. Approved March 11, 1797. 



186 



Acts, 1796. — Chapter 92. 



Corporate 
name. 



First meeting. 



Toll estab- 
lished. 



Shares to be 
considered per- 
soual estate. 



General Court 
to regulate toll 
after 12 years. 



1796. — Chapter 9^. 

[January Session, ch. 57.] 

AN ACT TO INCORPORATE ISAAC LANE & OTHERS, FOR THE 
PURPOSE OF BUILDING A SLUICE-WAY FROM A PLACE CALLED 
BUXTON MILL-DAM, TO A PLACE CALLED COOK'S EDDY IN 
THE PLANTATION OF LITTLE FALLS. 

Sect. 1. Be it Enacted by the Senate arid House of 
Representatives in General Court assembled and by the 
authority of the same, that Isaac Lane, Samuel Merrill 
junr. & Gibbins Elclin, and all such persons as shall be 
associated with them and their Successors, shall be a 
Corporation by the name of The Proprietors of the Sluice- 
ways in the Plantation of Little-Falls, for the purpose 
of building a Sluice way from Buxton Mill-dam to Cook's 
Eddy in the Plantation of Little Falls. 

Sect. 2. And be it further Enacted, that the said 
Proprietors shall hold their first Meeting on the first 
Monday of May next at the house of John Garland, in- 
holder in Buxton. 

Sect. 3. And be it further Enacted, that for the pur- 
pose of reimbursing the said Proprietors the money to be 
expended in building, supporting and keeping in repair 
said Sluice-way, a Toll be & herel)y is granted & estab- 
lished for the sole benefit of said Corporation, according 
to the rates following ; vizt. For every thousand feet of 
Boards, plank, and Joist, twenty five Cents ; for every 
thousand of Pipe staves thirty three cents ; for every 
thousand of Barrel staves, twenty cents ; for every Thou- 
sand of Clap-boards and oar rafters, twenty five cents ; for 
every thousand of Shingles, six cents ; for every hundred 
feet of ranging timber, ten cents ; for every Ton of Tim- 
ber, ten cents, and in that proportion for a greater or less 
number of any of the said articles. 

Sect. 4. And be it further Enacted, that the shares 
in the same sluice-way, shall l)e taken, deemed and con- 
sidered to be personal estate to all intents and purposes. 

Sect. 5. And be it further Enacted, that the General 
Court shall have a rif>;ht to reoulate the Toll aforesaid after 
the term of twelve years from the first day of June next. 

Wh&reas it may be necessary in the prosecution of the 
foregoing business, that the property of private persons 



Acts, 1796. — Chapter 92. 187 

may be appropriated for the use of the same, and in order 
that no person may be damaged by digging and cutting 
sluice ways thro his land, by removing mills or mill dams, 
diverting water-courses, or flowing his land by the pro- 
prietors aforesaid, without receiving full & adequate com- 
pensation therefor ; 

Sect. 6. £e it Enacted by the authority aforesaid ^ 
that in all cases where any person shall be damaged in his case of 
iiroperty by the said proprietors for the purposes afore- property of 

•^ • -u J- 4-U individuals. 

said, m 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 reason- 
able satisfaction to the acceptance of the person damaged 
by them as aforesaid, the person so damaged may apply 
to the Court of 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 ; & the said Court are hereby authorized 
and empowered by warrant under the seal thereof, upon 
such application made, if within one year from the time 
of the damage done as aforesaid, to appoint a Committee 
of five disinterested Freeholders in the same County, to 
estimate the damages ; which Committee shall give season- 
able notice to the person interested & to the Clerk of the 
proprietors aforesaid, of the time & place of their meeting 
& they shall be under oath to perform said service, accord- 
ing to their best skill & judgement ; 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 & recorded ; & the Committee 
so empowered, are required to estimate the 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, and 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, 



188 Acts, 1796. — Chapter 92. 

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, & returnable in the 
same time as though Judgement had been rendered against 
said Corporation for a like sum in damages on process in 
the Court of Conmion pleas. And if any person find him- 
self aggrieved by the doings of said Committee in estimat- 
ing damages, he may apply to said Court of General 
Sessions of the Ve.f\.cc,, provided such application be made 
to the same Court within one year after the acceptance of 
such return ; & the said Court is empowered to hear & 
finally determine the same by a Jury under oath, to be 
summoned by the Sheriff or his Deputy for that purpose, 
if the person complaining desire the same, or by a Com- 
mittee 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 & encrease of 
damages shall be paid by the proprietors, & execution to 
issue therefor as before expressed, and the report of such 
Committee, or verdict of such Jury being returned into 
the same Court & being allowed & recorded, shall be a 
sufficient bar against any action brought for the damages 
aforesaid ; saving only that when 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 entitled to an action of debt for the 
recovery of the same, so often as the same becomes due 
durins: the continuance of the damage done or suffered as 
aforesaid ; & the said Proprietors at their first meeting or 
any subsequent meeting may enjoin & order fines & pen- 
alties for the breach of any bye Laws of such Corporation, 
not exceeding fourteen Dollars. 

Ap2)roved March 11, 1797. 



Acts, 1796. — Chapter 93. 189 



1796.— Chapter 93. 

[January Session, ch. 59.] 

AN ACT FOR INCORPORATING MICHAEL LITTLE & OTHERS, BY 
THE NAME AND STILE OF, THE PROPRIETORS OF THE TEN 
MILE FALLS CANAL. 

Whereas Michael Little & others have petitioned to he Preamble. 
incorporated for the purpose of cutting or making a Canal 
by the Ten Mile Falls in Pejepscot or Androscoggin 
River lying hetiveen Durham & Little River Plantation — 
And whereas it is represented that sundry persons are 
ready to raise finds sufficient for that purpose. 

Sect. 1st. Be it therefore enacted by the Senate & 
House of Representatives in General Court Assembled & 
by the Authority of the same, that Michael Little, Ezekiel Persons incor- 
Thomson, & Abraham Whitney with others their Asso- 
ciates & Successors are hereby incorporated, & shall be a 
Corporation forever, under the name of The Proprietors corporate 
of Ten Mile Falls Canal, & by that name may sue & °*'"^- 
prosecute, & be sued & prosecuted to final judgment & 
execution ; & shall be &> hereby are vested with all the 
powers & privileges which by law appertain to Corpo- 
rations of a similar nature. 

Sect. 2d. And be it further enacted that the said First Meeting. 
Proprietors, or any three of them, may make their appli- 
cation to any Justice of the Peace for the County of 
Lincoln requesting him to call a meeting of said Proprie- 
tors to be holden at some convenient place within the 
town of Topsham or Little River Plantation in the same 
County ; whereupon such Justice is hereby impowered to 
issue his warrant to one of said Proprietors to meet at 
such time & place as he shall therein direct to agree on 
such method as may be thought proper for calling their 
meetings in future ; & to do &, transact such matters & 
things relating to said Proprietors as shall be expressed 
in the warrant, & 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, or other News Papers nearest to 
said Falls, or post the same in one or more of the most 
publick places in each of the Towns of Topsham, Bruns- 
wick & Little River Plantation fourteen days at least 
previous to the holding of said Meeting, & make return 



190 



Acts, 1796. — Chapter 93. 



May take the 
land of any 
Individual. 



Provision for 
the compen- 
sation of indi- 
viduals. 



thereof under liis hand to the same meeting to be lodged 
with the Clerk who shall then & there be chosen ; & the 
said Proprietors may at any legal meeting choose a clerk, 
Treasurer & other officers which they may judge necessary 
for ordering & regulating the business & affairs of said 
Corporation ; & every proprietor shall have a right to 
vote in the Proprietary meetings according to his share & 
interest therein in person or by representation ; provided 
no one Proprietor shall have more than twenty votes ; & 
all representations shall be proved in writing signed by 
the person making the same by special appointment, 
which shall be filed with & recorded by the Clerk ; & this 
act & all rules & regulations & votes of said Corporation, 
shall be fairly & truly recorded by the said Clerk in a 
book to be kept for that purpose. 

Sect. 3. And be it farther enacted that the said cor- 
poration be & they hereby are authorized to appropriate 
the property of any individual by cutting through his or 
her land as may be necessary for opening such Canal ; 
provided that in all cases where any person shall be 
damaged in his, or her property for the purposes afore- 
said, & the proprietors do not within twenty days after 
being requested thereto make, or tender reasonable com- 
pensation to the acceptance of the person damaged by 
them as aforesaid, the person so damaged may apply to 
the Court of General Sessions of the Peace for the County 
in which the damages shall have been sustained to have 
a Committee appointed by said Court to estimate the 
damages so done, & said Court are hereby authorized & 
impowered by warrant under^ the seal thereof, upon 
application made within one year from the time of the 
damage being done as aforesaid, to appoint a Committee 
of five disinterested freeholders in the same County to 
estimate the damages ; which Committee shall give season- 
able notice to the person interested & to the Clerk of the 
Proprietors aforesaid, of the time & place of their meet- 
ing ; &, they shall be under oath to perform said service 
according to their best skill & Judgment ; which having 
done, they or the major part of them shall make return 
thereof under their hands & seals to the next Court of 
General Sessions of the Peace to be holden in said County 
after the same service shall be performed, & if the esti- 
mate of the Committee be accepted by the Court, the 
Clerk of Said Court shall record the same & upon Appli- 



Acts, 1796. — Chapter 93. 191 

cation therefor after twenty days from the time of Accept- 
ance Shall issue an execution against the property only 
of the Corporation, or of any Individual belonging thereto 
for the Sum so adjudged in damages and for all legal 
costs ; Provided Jioivever, if the damages estimated l)y 
such committee shall not exceed the sum tender [erjed by 
the proprietors previous to the application to the Court 
they shall not be subjected to any costs, and the Execution 
Issued by the Clerk of the Court, shall be in the same 
terms, Mutatis Mutandis, And returnable in the same 
time as though Judgement had been rendered agai[?i]st 
said Corporation, for a like sum in damages, on process in 
the Court of Common pleas ; & if any person find himself 
agreived by the doings of said Committee in estimating 
damages he may apply to the said Court of General Ses- 
sions of the Peace, Provided such application be made to 
the same Court at the next session thereof, after the 
acceptance of such return ; & said Court is empowered to 
hear & finally determine the same by a Jury under Oath, 
to be summoned by the Sherifi" or his deputy for that 
purpose, if the person complaining desire the same, or 
by a Committee, if the person Complaining and the 
proprietors can agree thereon ; & if the Jury or com- 
mittee agreed on as aforesaid (who are to be under Oath) 
shall not encrease the sum of damages, the person Com- 
plaining shall be at the cost arising on such complaint to 
be taxed against him by the said Court ; otherwise such 
cost & encrease of damages shall be paid by the proprie- 
tors, and execution to Issue therefor as aforesaid — 
Provided that the Waters of said river shall not be so 
diverted from their natural course for the purpose afore- 
said as to injure any Mill or Mills already built. 

Sect. 4. And be it further enacted, that if any person Penalty for 
or persons shall willfully maliciously & contrary to Law ca^!f "^ 
take up, remove, beat down, dig under, or otherwise dam- 
nify 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, planks. Joist or 
other timber or materials. Used or to be Usued in or about 
said works, or shall be aiding or assisting in any of the 
Trespasses aforesaid, he shall for every such oflfence for- 
fiet & pay to the proprietors aforesaid, treble damages 
which shall appear to the Court & Jury before whom 
the trial shall be had, the said proprietors have sustained 



192 



Acts, 1796. — Chapter 93, 



Shares liable 
for debt. 



Toll estab- 
lisbed. 



thereby, to be sued for & recovered in any Court proper 
to try the same ; & such offender or offenders shall be 
liable to presentment by the grand Jury for said County 
of Lincoln for any offence or offences against this Law, 
and on conviction thereof on such presentment 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 of time, not more than 
three months nor less than thirty days at the discretion 
of the Court before whom the conviction shall be. 

Sect. 5. And be it further Enacted, that the propri- 
etors aforesaid be, and they hereby are authorized and 
empowered to purchase and hold to them, and their suc- 
cessors forever, so much land and other real estate as may 
be necessary for the purpose aforesaid, not exceeding the 
value of twenty thousancl dollars, Provided that the prop- 
erty of each proprietor in said Corporation shall be liable 
to attachment for the payment of his just debts ; and ex- 
ecution may be extended thereon and the share of the 
debtor sold in the same manner as o-oods and merchandize 
are sold for the payment of Debts. 

Sect. 6. And he it further Enacted, that for the pur- 
poses of reimbursing the said proprietors the money by 
them expended or to be expended in building and support- 
ing 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 said pro- 
prietors and their successors according to the rates follow- 
ing ; viz ; for every thousand of two Inch Oak plank, 
passing through the same seventy five Cents ; and in that 
proportion for all other Oak plank that shall be more or 
less in thickness ; — For each Ton of Oak timber twelve 
Cents ; For every thousand of Pipe staves forty Cents ; 
For every thousand of Hogshead staves thirty five Cents ; 
For every thousand of Barrel staves, twenty Cents ; For 
every thousand of pine boards twenty five Cents ; all pine 
plank to be brought into board measure ; For every thou- 
sand of clapboards twenty five Cents ; for every thousand 
of shingles, four Cents ; for every tun of pine timber nine 
Cents ; For every Mast or spar two Cents per Inch ; For 
every cord of Wood, Twenty Cents ; For every Boat 
carrying- a ton twenty Cents ; and in the same proportion 
for a greater or less burthen. ■ 



Acts, 1796. — Chapter 94. 193 



canal 



Sec. 7th. Aiid be it further enacted that there shall X^f ''ointod. 
be toll o-atlierers and others, to attend all locks on said 
canal in the day time who shall give constant attendance 
at their respective stations during the whole 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 canals. And the said toll shall com- 
mence on said canal as soon as the same shall be com- 
pleted 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 prescribed to the said corporation. 

Sec. 8th. And be it further enacted that if the pro- Timefor^ 
prietors aforesaid shall refuse or neglect for the space of umued/ 
ten years after the passing this act to build and complete 
such canals so as to be passable in manner aforesaid then 
this Act shall be void and of no eflect. 

Ap2)roved March 11, 1797. 

1796. — Chapter 94. 

[January Session, ch. 60.] 

AN ACT TO SECURE THE TOWN OF BOSTON AGAINST DAMAGE 

FROM FIRES. 

Sect. 1st. Be it enacted by the Senate <& House of 
Representatives in General Court Assembled & by the au- 
thority of the same, that from & after the passing this Houses to be 
Act no Dwelling House or Building which in whole, or or stone, and 



& 



slated. 



in part shall be intended for, or occupied as a Dwelling 
House, shall be made or built within the limits of said 
Town, unless the rear-wall, in case the rear should be one 
of the largest sides thereof, or two of the external Walls 
which taken together shall be equal to one of the largest 
sides thereof, excepting the Windows, be entirely com- 
posed of Brick or Stone & unless the Roof thereof be en- 
tirely covered with Slate, Tile or some composition or 
materials that will effectually secure the same against Fire, 
& unless the Eaves thereof be also secured against Fire. 

Sect. 2d. And be it further enacted that from & after No building 
the passing of this act, no building of any other descrip- dweiiinK-houBe 
tion more than fourteen feet high from the ground to the except the'waiis 
highest point in the roof thereof, or more than twenty four *•■« entirely 



194 



Acts, 1796. — Chapter 94. 



composed of 
brick or stone. 



Proviso. 



Dwelling 
houses erected 
or altered, 
except as here 
directed, to 
be deemed 
nuisances. 



Bach nuisances 
to be forcibly 
removed v?hen 
necessary. 



feet wide in the widest part thereof shall hereafter be 
made or built within the limits of said Town for any pur- 
pose whatsoever, unless all the outside Walls thereof be 
composed entirely of Brick or Stone, excepting the 
Windows, & unless the Roof be covered with Slate, Tile, 
or some other composition or materials that will effectually 
secure the same against Fire & unless the Eaves thereof 
shall also be secured against Fire. And all additions 
made to buildings already erected so as to come within 
the foregoing descriptions & dimensions & all Buildings 
erected upon old foundations in part or in whole shall be 
deemed & considered to be within the regulations & re- 
strictions of this Act ; provided nevertheless, that when in 
places near the water no suitable foundation can be laid 
without an unreasonable expence, & the same shall be 
made to appear to the satisfaction of the Selectmen, they 
or a major part of them may grant a licence under their 
hands for the erection of wooden buildings, which shall l)e 
rough-cast, or covered on all sides with Lime-Mortar, or 
some other incombustible composition, & the Walls filled 
with Bricks laid in Mortar, & the roofs of which shall be 
covered as is herein before provided. 

Sect. 3d. A7id be it further Enacted that all Dwelling 
Houses & other buildings which shall be hereafter erected 
or altered within the limits of said Town of Boston con- 
trary to the true intent & meaning of this act shall be 
deemed common Nuisances. And every person who shall 
erect or alter, or cause to be erected or altered, & every 
Artificer who shall undertake & erect or alter any build- 
ing within said Town contrary to the true intent & mean- 
ing of this Act shall forfeit & pay a fine not less than one 
hundred nor more than five hundred dollars accordins; to 
the nature & aggravation of the offence, to be recovered 
by information which it shall be the duty of the Attorney 
General to file in all cases which come to his knowledge, 
or by indictment before the Supreme Judicial Court, & 
the said Court in all cases where the Nuisance shall not 
be abated or removed before conviction, shall besides giv- 
ing judgment for the penalty before provided, adjudge 
that the Nuisance be abated ; & shall issue their warrant 
under the seal of said Court, to the Sheriff of the County 
of Suffolk, directing him forthwith to abate & remove 
such Nuisance, & it shall be his duty to execute the same, 
requiring the assistance of the County if necessary as in 



Acts, 1796. — Chapter 94. 195 

the service & execution of other legal Writs & precepts, 
& the Sherifl' may distrain the Materials of every such 
Nuisance, or any part of them & retain the same in his 
possession for the space of three days unless the costs & 
expences of abating & removing such Nuisance be sooner 
paid & after the expiration thereof may sell & dispose of 
the same at Public Auction, after having given twenty And be sold 

ftt &uction> 

four hours notice of the time & place of sale by posting up 
such notice in some public place, & after deducting all 
costs & expences & charges of sale shall restore the re- 
mainder of the proceeds, if any, to the owner of the build- 
ing — And it shall be the duty of the Sheriff within three 
days after the time of aljating such Nuisance to furnish 
the Owner, or his Agent or Attorney with an account of 
the cost & expence incurred by the service of such warrant, 
& in case of any disagreement, any two Justices of the 
Peace in said County, quorum unus, upon application made 
by the party aggrieved may in a summary manner after 
notice to the Sheriff hear & determine the same : Saving 
to either party a right to appeal from the decision of such 
Justices to the Supreme Judicial Court next to be holden 
in said County, who may finally determine the same either 
with or without the intervention of a Jury as the nature 
of the case may require. 

Sect. 4th. And be it further enacted that after three situation and 
months from the passing of this act no person shall boil ^rud^nVrope- 
tar, or permit any tar to be boiled for the use of any rope- ^"'^tar-houBeB. 
walk, unless in a building situated at least ten feet distant 
from every ropewalk & made intirely of brick or stone 
with Walls not less than Sixteen inches in thickness, 
& with doors & window shutters & frames of Iron, And 
with a vaulted or arched roof made intirely of brick, under 
a penalty not exceeding one thousand nor less than one 
hundred dollars, to be recovered as aforesaid, & if any 
person after the passing of this act shall have in his pos- 
session in any rope walk, any fire, lighted pipe, segar, 
candle or lamp, he shall forfeit for each offence a sum not 
exceeding one hundred dollars nor less than five dollars 
to be recovered as aforesaid ; & every building which 
shall be used or made for the purpose of boiling tar con- 
trary to the provisions of this section shall be deemed a 
common nuisance, And be liable to be abated and removed 
as is herein before provided with respect to other nuisances. 



196 



Acts, 1796. — Chapter 95. 



No fire to be 
carried un- 
covered, or 
segar to be 
smoked in 
streets. 



Appropriation 
of fines. 



Sect. 5. And be it further enacted that no person shall 
carry any fire through the Streets in the day or night but 
in some covered Vessel, or shall smoke or have in his 
possession any lighted Pipe or Segar, in any street, lane, 
alley or passage way, or on any wharf in said Town under 
a penalty of two dollars to be recovered of the person so 
offending or of his parent, gaurdian, master or Mistress 
before any Justice on complaint & appropriated to the use 
of the Complainant. 

Sect. 6. And be it further enacted that all fines & 
forfeitures recovered by this Act, except that specified in 
the last section, shall be & enure one half to the person 
prosecuting therefor, & one half to the use of the Poor of 
the Town of Boston. And all Laws heretofore made reg- 
uUiting the mode of building in the town of Boston are 
hereby repealed. Approved March 11, 1797. 



Preamble. 



Clerks of 
Common Pleas 
to become 
clerks of the 
Supreme Ju- 
dicial Court. 



Mode of 
qualification. 



1796. — Chapter 95. 

[January Session, eh. 61.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT ESTABLISH- 
ING A SUPREME JUDICIAL COURT WITHIN THE COMMON- 
WEALTH." 

Whereas in the 'practice under the said Act, it has been 
found inconvenient that the records of the proceedings of 
the supreme Judicial Court in the distant Counties should 
he kept in the Toivn of Boston. 

Sect. 1st. Be it therefore enacted by the Senate and 
House of Representatives in General Court assembled & 
by the Authority of the same, that from So after the first 
day of August next, the Clerks of the Courts of Common 
Pleas in their respective Counties, excepting those of 
Lincoln, Hancock, Washington, Dukes Count}^ and Nan- 
tucket shall become Clerks of the Supreme Judicial Court, 
& shall have the keeping of the records of the doings and 
proceedings of the said Court in their respective Counties, 
& shall do & perform all the services now done and per- 
formed by the Clerk of Said Court within the Town of 
Boston ; &, receive the same fees for said services as pro- 
vided in the fee bill for the Clerks of the Courts of Com- 
mon Pleas. 

Sect. 2d. And be it further enacted, that it shall be 
the duty of the said Clerks of the Courts of Common Pleas, 
in their respective Counties, to attend on the Justices of 



Acts, 1796. — Chapter 95. 197 

the Supreme Judicial Court at the term next to be holden 
therein after the iirst day of August next, and after hav- 
ing given bonds in the same manner as Clerks of the su- 
preme Judicial Court are, by law required to do, for the 
faithful discharge of their trust, and being sworn to the 
faithful discharge of the duties of their Office (which 
Oath shall be administered by the eldest justice of said 
Court present) shall proceed to do and perform all the 
services now done and performed l)y the Clerk of said 
Court within the town of Boston. And the Circuit Clerk 
of said Court shall continue to discharge that part of the 
duty heretofore performed by him, and to receive & keep 
to his own use that part of the Clerks fees which he has 
usually so received and kept, and pay over the residue of 
the Clerks fees to the other Clerks respectively. 

Sect. 3d. A.nd be it further enacted, that such of the courts of 
persons now holding the Office of Clerk of the Court of m°ayTppoinr^ 
Common Pleas in the respective Counties (except in the alonaiironiy. 
live Counties excepted as aforesaid) as the Justices of the 
supreme Judicial Court may consider incompetent, un- 
suitable or unqualified to discharge thfe duties of that 
office may be by them removed, & others appointed in 
their stead, and that on the death, resignation or removal 
of any such Clerk in future, the Justices of the Courts of 
Common Pleas in their respective Counties, may appoint 
a Clerk who, after having given bonds as aforesaid, & 
being sworn to the faithful discharge of the duty of the 
office by one of the Justices of said Court, shall discharge 
said duty untill the Justices of the supreme Judicial Court, 
shall have opportunity to fill the vacancy, which they are 
hereby authorised to do. 

Sect. 4th. And he it further enacted, that the Clerks, cierksofsu- 
who shall be appointed by the Justices of the supreme brcTerks^or ° 
Judicial Court as aforesaid, shall be the Clerks of the ^'°'"'"''°^"'»'- 
Courts of Common Pleas for the respective Counties in 
which they shall be appointed. 

Sect. 5th. And be it further enacted that the Clerk Common p?ea8 
of the Court of Common Pleas for the County of Suffolk, for suiioik, to 
for the time being, shall be the Clerk of the supreme theVupreme 
Judicial Court for the Counties of Suffolk & Nantucket ; Nautucket. 
that the Clerk of the Court of Common Pleas for the 
County of Barnstable for the time being, shall be the 
Clerk of the Supreme Judicial Court for the Counties of 
Barnstable & Dukes County untill such time as shall be 
otherwise provided for by law. 



198 



Acts, 1796. — Chapter 95. 



Records to be 
removed from 
the office of 
the present 
clerk of the 
Supreme Court 
in Boston. 



A clerk to be 
appointed for 
the Counties 
of Lincoln, 
Hancock and 
Washington. 



Circuit clerk 
to give all 
necessary di- 
rections to 
other clerks. 



Sect. 6th. And be it further enacted^ that after the 
said first day of August next, the files and records of the 
said Supreme Judicial Court, now kept in the Office of 
the Clerk of said Court in the town of Boston shall be 
removed to & be kept in the Office of the Clerk of the Court 
of Common Pleas, by the Clerk of said Court, for the time 
being within the County of Suffolk, who shall have the 
Custody & care of said files and records ; & shall forever 
hereafter be the proper person to make out copies of & 
certify the same ; & to make out any execution which may 
be necessary to carry into effect any judgment recovered 
in the Supreme Judicial Court in any County, previous to 
the first day of August. 

Sect. 7. And be it further enacted that there shall be 
appointed by the Justices of the supreme Judicial Court a 
suitable person to be Clerk of the Supreme Judicial Court 
for the Counties of Lincoln Hancock & Washington to re- 
side & keep the records of said Court at such place within 
the County of Lincoln as the said Court shall direct, which 
Clerk shall perform all the services & be intitled to all 
the fees which are by this Act required of & provided for 
the Clerks of the Court of Common Pleas who are by this 
Act made Clerks of the Supreme Judicial Court. And to 
preserve uniformity in the keeping of the said Kecords ; 

Sect. 8th. Be it further Enacted^ that it shall be 
the duty of the Circuit Clerk, from time to time, to give 
such directions to the Clerks for the respective Counties as 
he may Judge necessary to effect that object — subject at 
all times to the same controul which the Justices of the 
Supreme Judicial Court now exercise relative thereto. 

Approved March 11, 1797. 



RESOLVES 



MASSACHUSETTS. 



1796. 



RESOLVES 



GENERAL COURT 



Commonwealth of Massachusetts, 

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

ON WEDNESDAY, THE TWENTY-FIFTH DAY OF 

31AY, ANNO DOMINI, 1796. 



BOSTON : 

riilNTED BY YOUNG & MINNS, 

Printers to the Honorable the Oeneral Court. 

Reprinted by Wright & Potter Printing Company, State Printers. 



RESOLVES 

OP THE 

GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS, 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY-FIFTH DAY OF 
MAY, A. D. 1796. 

His Excellency SAMUEL ADAMS, Esquire. 
Governor. 

His Honor MOSES GILL, Esquire. 
Lieutenant-Governor. 

COUNSELLORS. 

Honourable Eleazer Brooks, Honourable Jonathan Warner, 
Oliver Wendell, Daniel Cony, 

William Shepard, James Bowdoin, 

Stephen Metcalf, Esqrs. 

Esqrs. 

N.B. There are two vacancies in the Council occasioned by the appointment 
of the Hon. Samuel Holten, Esq. as Judge of Probate for the County of Essex, 
and the decease of the Hon. Thomas Durfee, Esq. 

SENATORS. 

Hon. SAMUEL PHILLffS, Esquire, President. 

For the County of Suffolk. County of Hampshire. 

Hon. Thomas Dawes, Hon. John Hastings, 
Benjamin Austin, jun. David Sexton, 

Theophilus Gushing, p]sqrs. Ebenezer Mattoon, 

Thomas Dwight, Esqrs. 
County of Essex. 
Hon. Stephen Choate, ^ , , ,, 

Nathan Dane, „ ^, f^^*^.^2^ tr ^^?^'^^ 

John Norris, Esqrs. H°»^- Nathaniel Wells. 
^ Simon Frye, Esqrs. 

County of Middlesex. 

Hon. Ebenezer Bridge, County of Plymouth. 

Loammi Baldwin, Hon. Isaac Thompson, 

Daniel Whitney, Esqrs. Beza Hayward, Esqrs. 



204 



Eesolves, 179(5. — May Session. 



SENATORS — Concluded. 



County of Bristol. 
Hon. Elisha May, Esq. 

County of Barnstable. 
Hon. Solomon Freeman, Esq. 

Duke's County and 
Nantucket. 
Hon. Peleg Collin, jmi. 

County of Wokcestek. 
Hon. Josiah Stearns, 
Daniel Bigelow, 
Salem Town, 
Elijah Brigham, Esqrs. 



County of Cumberland. 
Hon. Daniel Davis, 

Ste^ihen Longfellow, Esqrs. 

Counties of Lincoln, Hancock 

& Washington. 
Hon. Alexander Campbell, 
Isaac Parker, Esqrs. 

Cozmty of Berkshire. 
Hon. Thompson J. Skinner, 
John I3acon, Esqrs. 

County of Norfolk. 
Hon. Ebenezer Thayer, 
Seth Bullard, 
John Read, Esqrs. 



HOUSE OF REPRESENTATIVES. 
Hon. EDWARD H. ROBBINS, Speaker. 

Coimly of Suffolk. 

Boston, Jonathan Mason, Esq. Boston, John Codman, Esq. 
William Eustis, Esq. Harrison Gray Otis, Esq. 

William Little, Esq. Samuel Cooi^er, Esq. 

Joseph Russell, Esq. Bingham, Samuel Norton, Esq. 



County of Essex. 



Salem, Mr. John Norris, 
John Treadwell, Esq. 
Mr. Elias H. Derby, jun. 

Danvers, Colo. Gideon Foster. 

Ijisrvich, Colo. Nathaniel Wade. 

Newbury, Mr. Josiah Little. 

Nciobury-Port, Enoch Titcomb, 
Jun. Esq. 

Marblehead, Samuel Sewall, Esq. 

Lynn tic Lyfmficld, Capt. James 
Robinson. 

A7idover, Joshua Holt, Esq. 



Beverly, Joseph Wood. Esq. 
Roivley, Mr. Asa Nelson, 
Salishwy, Mr, Joshua Follensbe, 
Haverhill, Nathaniel Marsh, Esq. 
Glocester, John Low, Esq. 

John Rowe, Esq. 
Topsfield, Mr. Sylvanus Willes. 
Amesbu7-y, Mr. Daniel Currier, 

jun. 
Bradford, Peter Russell, Esq. 
Methuen, Mr. William Russ. 
Boxford, Thomas Perley, Esq. 



County of Middlesex. 



Cambridge, Mr. Aaron Hill. 
Watertoion, Amos Bond, Esq. 
Charlestorvn, Richard Devens, 

Esq. 
Woburn, Colo. John Walker. 
Concord, Jonathan Fay, Esq. 
Newton, Joseph Ward, Esq. 



Reading, Mr. Henry Putnam. 
Marlborough, Colo. Edward 

Barnes. 
Billerica, Jonathan Bowers, Esq. 
Fi'amingham, Jonathan May- 

nard, Esq. 
Lexi7igt07i, Mr. Joseph Simonds, 



Kesolves, 179(). — May Session. 



20^ 



REPRESENTATIVES— Continued. 
(Jonnty of Middlesex — Concluded. 



Chelmsford, Mv. John Minot. 
Shcrbnrnc, Hon. Daniel Whitney, 

Esq. 
Maiden, Mr Edward Wade. 
Weston, Artemas Ward, Esq. 
Medford, Mr J^benezer Hall. 
Eopkinton, Mr. Gilbei't Dench. 
Westford, Colo. Abel Hoynton. 
Waithmn, Abner Sanderson, Elsq. 
Stoiv and Boxborough, Doctor 

Charles Whitman. 



Groton, Timothy Bigelow, Esq. 

Pe2)percll, .Josejih Ilcald, Esq. 

Townsend, Daniel Adams, Esq. 

Dracut, William Hildreth, Esq. 

Hollislon, Mr. .Tames Mellen. 

Acton & Carlisle, Mr. Jonas 
Brooks. 

Tewkesbury, Mr. Joseph Wood- 
ward. 

East- Slid bury, Mr. Thomas 
Heard. 



County of Hampshire. 



Springfield, Moses Bliss, Esq. 

Thomas Dwight, Esq. 
West Sj^ringfield, Justin Ely, Esq. 

Mr. Jonathan Smith, jun. 
Wilbraham, John Bliss, Esq. 
Northampton & East Hampton, 

Samuel Henshaw, Esq. 

Doctr. Levi Shepard. 
Amherst, Colo. Zebina Montague. 
Granby, Major Elijah Kent. 
Hatfield, Hon. John IIastings,Esq. 
Williamsburg, William Bodman, 

Esq. 
Westfield, Joseph Lyman, Esq. 
Deerfield, Major Seth Catlin. 
Conway, Mr. Oliver Root. 
Brimficld, Mr. Joseph Hoar. 
New- Salem, Mr. Varney Peai'ce. 
Ashfield, Mr. Ephraim Williams. 
Worthington, Nahura Eager, Esq. 
Monson, Abel Goodell, Esq. 
Pelham, Adam Clark, Esq. 
Hadley, Charles Phelps, Esq. 
Palmer, Mr. David King. 
Montague, Mr. Caleb Kinsley. 



Northfield, Elisha Hunt, Esq. 
Belchcrton, Mr. Park Holland. 
Colrain, Hugh McClallen, Esq. 
Southivick, Mr. David Fowler, 

jun. 
Granville, Mr. David Robinson, 

Mr. Enoch Bancroft. 
Greenfield & Gill, William Cole- 
man, Esq. 
Greenwich, James Fiske, Esq. 
Southampton, Mr. Lemuel Pome- 

roy. 
Warwick & Orange, Mr. Nathaniel 

Cheney. 
Blanford, Mr. Jedediah Smith. 
Bernardston & Leyden, Mr. Caleb 

Alvord 
Shutesbitry, John Powers, Esq. 
West-Hampton, Sylvester Judd, 

Esq. 
Bnckland, Mr. Josiah Johnson. 
Cummingto7i & Plainfield, Mr. 

William AVard. " 
Hawley, Edmond Longley, Esq. 



County of Plymodth. 



Plymo^lth, Nathaniel Goodwin, 

Esq. 
Scituate, Elijah Turner, Esq. 
Diixbury, Major Judah Alden. 
Marshfield, Mr. Elisha Phillips. 
Bridgwater, Daniel Snow, Esq. 



Middlcborough, Mr. Nathaniel 

Wilder. 
Pembroke, John Turner, Esq. 
Kingston, Ebenezer Washburn, 

Esq. 
Abington, Aaron Hobart, Esq. 
Hanover, Mr. Benjamin Bass. 



County of Barnstaule. 



Barnstable, Ebenezer Crocker, 

Esq. 
Sandwich, Josepli Nye, Esq. 
Yarmouth, David Thacher, Esq. 



Eastham, Simeon Kingman, Esq. 
Harwich, Mr. John Dillingham. 
Welfect, Mr. Lewis Hamlin. 
Chatham, Mr. Richard Sears. 



206 



Kbsolves, 1796. — May Session. 



REPRESENTATIVES — Continued. 



County of Bristol. 



Taunton, Apollos Leonard, Esq, 
Rehoboth, Stephen Bullock, Esq. 
Swanzey, Christopher Mason, 

Esq. 
Norton, Seth Smith, jun. Esq. 
Attleborough, Hon. Elisha May, 

Esq. 



Dighton, Mr. Rufus Whitmarsh. 
Freetown, Mr. Ephraim Winslow. 
Rainhatn, Josiah Dean, Esq. 
Easton, Abiel Mitchell, Esq. 
New Bedford, Seth Spoon er, Esq. 
Westport, William Almy, Esq. 
Somerset, John Bowers, Esq. 



Cotmty of York. 



Yo7% Colo. Esaias Preble. 
Kittery, Mr. Mark Adams, 
Wells, John Storer, Esq. 
Berwick, Richard Foxl. Cutts, 

Esq. 
Arundel, Jacob Wildes, Esq. 
Biddeford, Joseph Morrill, Esq, 



Gilt. 



Pepper elborough, Thomas 

Thornton, Esq. 
Buxton, Jacob Bradbury, Esq. 
Lebanon, Thomas M. Wentworth, 

Esq. 
Fryeburg, Hon. Simon Frye, Esq. 



County of Dukes County. 
Chilmark, Mr. Matthew Mayhew, jun. 

County of Nantucket, 
Nantucket, Mr. Micajah Coffin. 

County of Worcester. 



Worcester, Samuel Flag^ Esq. 

Hon. Levi Lincoln, Esq. 
Lancaster, Hon. John Sprague, 

Esq. 
Mendon, Hon. Benja. Read, Esq. 
Brookfield, Thomas Hale, jun. 

Esq. 
Charlton, Mr. Ebenezer Davis. 
Sutto?i, Major Samuel Water. 
Leicester, Colonel William Hen- 

shaw. 
Spencer, Benjamin Drury, Esq. 
Rutland, Mr, Jonas How, 
Hubbardston, Mr. William Muzzy. 
New Braintree, Mr, Elias Hall. 
Westborough, Colonel Nathan 

Fisher. 
Northborough, Mr. Isaac Davis. 
Shrewsbury, Major Jonah Howe, 
Lunenburg, Hon. Josiah Stearns, 

Esq, 
Vxbridge, Bezaleel Taft, Esq. 
Harvard, Benjamin Kimball, Esq. 



Bolton and Berlin, Mr. Silas Hol- 
man. 

Sturbridge, Mr. Josiah Walker. 

Hardwick, Martin Kinsley, Esq. 

Leominster, Doctor Thomas Gow- 
ing. 

Holden, John Dodds, Esq. 

Douglas, Aaron Marsh, Esq. 

Petersham, Hon. Daniel Bigelow, 
Esq. 

Westminster, Mr. Ebenezer 
Jones, 

Athol, Mr. Josiah Goddard. 

Ashburnham, Samuel Wilder, 
Esq. 

Winchendon, Mr, Samuel Pren- 
tice. 

Dudley, John Chamberlain, Esq. 

Barre, Capt. John Black. 

Milford, Colonel Samuel Jones. 

Sterling, Edward Raymond, Esq. 

Boylston, Mr. Jonas Temple. 



Resolves, 1796. — May Session. 207 



REPRESENTATIVES — Concluded. 

County of Cumberland, 

Falmonlh, Archelaus Lewis, Esq. Oorham, Hon Stei^hen Longfel- 
Portland, Daniel Davis, Esq. low, Esq. 

Mr. Daniel Tucker. Cai^e Elizabeth, Samuel Calef, 
Scarborough, William Thomson, Esq. 

Esq. Brunsivick, Mr. John Minot. 

County of Lincoln. 

Oeorgetonm, Mr. Jordan Parker. Warren, Mr Thurston Whiting. 

Boothbay, William McCobb, Esq. Thomaston, Mr. Samuel Brown. 

Bristol, William Melntire, Esq. Bath, Francis Winter, Esq. 

Ilallowell, Amos Stoddard, Esq. Pittsion, Reuben Colburn, Esq. 
Wiyithrop & Readjield, Dr. John 



Hubbard. 



County of Berkshire. 



Sheffield and Mt. Washington, Lenox, Azariah Egleston, Esq, 

William Bacon, Esq. Stockbridge, Ephraim Williams, 

Oreat Barringto7i, Truman Esq. 

Wheeler, Esq. Sandisfield, Mr. John Canfield, 

Neiu Marlborough, Ebenezer Tyringhnm, Giles Jackson, Esq. 

Smith, Esq. Richmond, Mr. Hugo Burghardt. 

Williamstoivn, William Towner, Adams, Israel Jones, Esq. 

Esq. Lee, Mr. Josiah Yale. 

Lancshorough ) Gideon Cheshire, Jonathan Remington, 

and Nciv Ashford, \ Wheeler, Esq. Esq. 

Pittsfield, John Chandler Wil- 
liams, Esq. 

County of Hancock. 
Frankfort, Francis L. B. Goodwin, Esq. 



County of Washington. 
Machias, Phineas Bruce, Esq. 

County of Norfolk, 

Roxbury, Ebenezer Seaver, Esq. Medjield and Dover, Mr. John 
Dorchester, Mr. John How. Baxter, 

James Swan, Esq, Stoughton, Colonel Frederick 
Milton, Hon Edward H. Robbins, Pope. 

Esq. Sharon, Mr. Joseph Hewins. 

Braintree, Hon. Ebenezer Thayer, Medivay, Colonel Eliakim Adams. 

► Esq. Walpole, Seth Bullard, Esq. 

Weymouth, Nathaniel Bayley, Wrentham, Mr. Nathan Com- 

Esq. stock. 

Dedham, Mr. Isaac Bullard. Franklin, Mr. Hezekiah Fisher. 

Brookline, William Aspinwall, Needham, Colonel Silas Alden. 

Esq. Cohasset, Thomas Lothrop, Esq. 



208 Resolves, 1796. — May Session. 



Chapter 1. 

RESOLVE FOR CHOOSING ADDITIONAL NOTARIES PUBLIC FOR 
THE COUNTIES OF SUFFOLK, ESSEX AND HAMPSHIRE. 

Resolved that for the future there be appointed one 
notary pul)lick for the County of Suffolk in addition to 
the number now by law established who shall reside at 
Hingham — and one for the County of Essex in addition 
to the number allready established who shall reside at 
Salisbury — And one for the County of Hampshire to re- 
side at Springfield, in addition to the number allready 
established. June 1, 1796. 

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

May it please Your Excellency^ 

The Senate have received with pleasure your Excel- 
lency's communications to the two brjinches of the Legis- 
lature ; and readily appreciate, with you those principles 
and usages which tend to familiarize the several branches 
of Government with each other ; to cultivate harmony in 
sentiment, and to cherish that mutual friendship which 
cannot fail to promote the public welfare. 

This free communication among the different depart- 
ments of the State, so well adapted to nourish a spirit of 
conciliation ; as well as to invite a free and candid discus- 
sion of public measures, we esteem not the least valuable 
part of the wise and well founded custom we have received 
from our venerable ancestors. 

It is our sincere wish, that the several departments in 
the General and State Governments may continue to adopt 
and pursue such measures as shall tend effectually to pre- 
serve and strengthen the Union ; and that no unfortunate 
event may at any time occur to interrupt that harmony 
which is so highly necessary for promoting our national 
prosperity & happiness. And may the American people, 
now enjoying the blessings of peace & tranquility while 
they shall preserve a patriotic Zeal, becoming enlightened 
Citizens, ever be able to controul those passions, which in 
most Countries, preceeding reflection, have usurped the 
Seat of Reason & obscured the Understanding. 

The Senate will attend to the several matters you have 
recommended for consideration — and it is no less our incli- 



Resolves, 1796. — Mat Session. 209 

nation, than we esteem it our duty to be attentive to the 
fundamental principles of our Constitution, and to a care- 
ful application of those principles in the formation of the 
Laws ; to examine into the state of the Commonwealth ; 
to encourage education and every kind of honest industry ; 
to promote all useful improvements ; and to revise and 
amend the Laws on true constitutional principles. 

The afiairs of your department we doubt not, will, with 
the advice of a wise, a tried and faithful Council, be so 
conducted as to afford consoling reflections ; merit the ap- 
proving voice of the people, and, we trust the acceptance 
of him, whose approbation is infinitely more valuable than 
that of men ; and, with you, we express our ardent desire 
that his wisdom may preside in all our deliberations, and 
lead to such measures as shall tend to confirm and perpet- 
uate the public liberty, and to secure the rights of the 
Citizens. 

Any communications your Excellency shall be pleased 
further to make to the Legislature shall receive our early 
attention. 



ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOV- 
ERNOR'S SPEECH, AT THE OPENING OF THE SESSION. 

May it please Your Excellency, 

The House of Representatives beg leave to express 
their pleasure in the interview of the several Branches of 
the Government of this Commonwealth, and their desire 
to cultivate harmony of sentiment, upon constitutional 
principles, and that spirit of mutual forbearance and 
respect, which is essential to the support of the several 
departments of a free Republic. 

We consider, with your Excellency, the great impor- 
tance of the Union of the American States, and our sacred 
obligations to support and defend the Federal and State 
Constitutions. It is a subject of general congratulation, 
that our national Councils have secured that Union, and 
the continuance of the advantages of our neutral situa- 
tion, by decisions favourable to the public peace and honor. 
The Citizens of Massachusetts, on all important occasions, 
have evinced the vigilance, recommended by your Excel- 
lency, to maintain the just principles of the Union of the 
States, and of the Independence of their Country : May 
they be transmitted entire to posterity. 



210 Resolves, 1796. — May Session. 

It will be our endeavour to render all necessary legisla- 
tive aid, to promote useful improvements and industry, 
and to those measures of general police, which may secure 
the happiness of our Citizens, and the public tranquility 
and welfare. We doubt not your Excellency's concur- 
rence in every design which shall be wisely attempted for 
the public good, and that your constitutional duties will 
be ever discharged to the satisfaction and advantage of 
your Fellow Citizens. 

We implore the approbation of Heaven upon your Ex- 
cellency's Administration, and may the Divine Wisdom 
conduct all our delilierations, to confirm and perpetuate 
the Liberties of the People. 

Chapter 1a,* 

ORDER ON THE PETITION OF THE INHABITANTS OF THE TOWNS 
OF AMESBURY AND SALISBURY. 

On the Petition of a number of Inhabitants of the Towns 
of Amesbury and Salisbury, praying to be incorporated 
into a Religious Society. 

Ordered, that the Petitioners notify the Towns of Ames- 
bury and Salisbury by leaving an attested Copy of their 
petition and this order thereon with the Town Clerk of 
each of said Towns, thirty days at least, before the second 
Wednesday of the next Session of the General Court, that 
they may appear on said day and shew cause, if any they 
have, why the prayer of said petition should not be granted. 

May 30, 1796. 

Chapter 1b.* 

ORDER ON THE PETITION OF PARKER VARNUM AND OTHERS. 

On the petition of Parker Varnum and others praying 
to be incorporated into a seperate religious Society. 

Ordered, that the Petitioners notify the Inhabitants of 
the town of Dracut, by leaving an attested copy of their 
petition, & this Order thereon, with the Town Clerk of 
said Town, thirty days at least before the second Wednes- 
day 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 1,1796. 

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



Resolves, 1796. — Mat Session. 211 



Chapter 3. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF PLYMOUTH, AND GRANTING A TAX. 

Whereas the Treasurer of the County of Plymouth, has 
hiid his Accounts before the General Court, in manner pre- 
scribed by law ; which are hereby allowed : And whereas 
the Clerk of the Court of General Sessions of the peace 
for said County, has laid before the General Court an esti- 
mate made by the said Court of General Sessions of the 
peace, of the sums necessary to defray the expences of 
said County, the present year ; amounting to eleven hun- 
dred Dollars : 

Resolved, that the sum of eleven hundred Dollars, be, 
and hereby is granted, as a tax for said County, to be 
apportioned, assessed, collected and applied in manner 
agreeable to law. June 2, 1796. 

Chapter 3. 

RESOLVE ON THE PETITION OF JOHN WALKER, IN BEHALF OF 
THE TOWN OF WOBURN, EMPOWERING NATHAN SIMONDS AND 
OTHERS, TO ACT IN THE CAPACITY OF COLLECTORS OF TAXES. 

On the petition of John Walker in behalf of the Town 
of Woburn praying that Nathan Simonds David Winn & 
Benja. Blanchard may be Impowerd to act in the Capas- 
ity of Collectors of Taxes for the said Town of Woburn 
for the ensuing year. 

Resolved, for reasons set forth in the said petition That 
the prayer therof be granted and that Nathan Simonds 
David Winn & Benja. Blanchard be and they hereby are 
Authorized & Impowd., to act in the Capasity of Collec- 
tors of Taxes in the Town of Woburn for the ensuing year 
in the same manner as they might have done had they been 
chosen in the month of March or April. June 3, 1796. 

Chapter 3a.* 

ORDER ON THE PETITION OF THE SELECTMEN OF THE TOWN OF 

BLANFORD. 

On the Petition of the Selectmen of the Town of Blan- 
ford. 

Ordered that the Petitioners give notice to the Towns 

* Not printed in previous editions. 



212 Resolves, 1796. — Mat Session. 

of Russel and Chester by leaving an attested Copy of their 
petition and this order thereon with the Clerks of each of 
said Towns at least Thirty Days before the next Session 
of the General Court, to appear on the second Wednesday 
of the next Session and shew Cause if any they have why 
the prayer of said Petition should not be granted. 

June 3, 1796. 

Chapter 4. 

RESOLVE ON THE PETITION OF JOSIAH LITTLE, AUTHORIZING 
THE COMMITTEE FOR THE SALE OF EASTERN LANDS, TO CON- 
VEY THE TRACT OF LAND MENTIONED. 

Whereas it appears by the Petition of Josiah Little — 
and other papers that there is belonging to this Common- 
wealth a Certain tract of Land of about six hundred Acres 
exclusive of water — bounded Southwesterly by Raymonds- 
town, Northwesterly by Lands sold to Webb and others, 
Northeasterly by Bakerstown, and Southeastly and South- 
erly — by the lots of Settlers — deducting from the said 
tract Lot No. 7. the whole as laid down on the plan made 
by David Purrington, made Octr. 8, 1794 — a surveyor 
appointed by the Comittee for the sale of eastern Lands — 
and that Abel Sawyer Junr. whose Assignee the said 
Little is : paid into the State Treasury in the year 1788 — 
£. 67 7 2 in Consolidated Notes — and £. 6 — in specie 
to the said Committee, in part for the said Tract of Land : 

Therefore Resolved that the said Committee heretofore 
appointed for the sale of eastern Lands — be and they are 
hereby authorized to convey the same Tract of Land to 
the said Josiah Little — or so much thereof as they shall 
think for the Interest of the Commonwealth on his paying 
therefor the reasonable Value of what shall be so conveyed 
to him, the sums paid as aforsaid, as also the expences of 
the said Purringtons Survey — to be considered by the 
said Committee in the said conveyance. Juyie 5, 1796. 

Chapter 4a.* 

ORDER ON THE PETITION OF JOHN LIBERT. 

On the petition of John Lil)ert of Belchertown stating 
that he sued one Moses Cook junr. for defrauding him of 
part of his invalid pension, attached his real estate and 

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



Resolves, 1796. — May Session. 213 

recovered judgement against him : that by reason the said 
Cook was not named Deputy Sheriff m the writ, the Peti- 
tioner is lii<e to loose his said attachment, and therel)y his 
said debt : and praying that the proceedings in the said 
Action may be made valid. 

Ordered, that the Petitioner notify the said Cook (if 
he be within tlie Commonwealth) and also Solomon Bolt- 
wood and Joseph Pettis, l)oth of Amherst in possession 
of the estate attached as aforesaid, to appear on the second 
Wednesday of the next Session of the General Court, to 
shew cause, if any they have, why the prayer of said peti- 
tion should not be granted — the same notice to be by 
serving said Cook, Boltwood & Pettis with an attested 
Copy of the said petition and this order thereon, thirty 
days at least before the same second Wednesday of the 
next Session of the said General Court. 

June 3, 1796. 

Chapter 5, 

RESOLVE ON THE PETITION OF BENJAMIN SHEPHARD, APPOINT- 
ING A COMMITTEE TO ENQUIRE INTO THE CIRCUMSTANCES 
OF THE COTTON MANUFACTORY, AND GRANTING HIM A 
FURTHER LOAN OF THE MONEY. 

On the Petition of Benjamin Shephard praying a further 
time may be allowed him for paying into the Treasury of 
this Commonwealth, the first Instalment of a Sum of 
Money Loaned him by a Resolve of the General Court in 
June 1793 for the purpose of Encouraging the Cotton 
Manufacture. 

Resolved that Elisha May esqr. Mr. Mitchell & Mr. 
Baxter be a Committee to Repair to the Town of Wren- 
tham, (at the expence of the Petitioner) View the Cotton 
Manufactory established therat by Benjamin Shephard, the 
Proficiency he has made therein, and consider how far the 
public will be benefitted by the further continuation of 
the Loans made him by the Resolve aforesaid, and make 
Report at the next Sessions of the General Court — And 
that the said Shephard have the use of the Money Loaned 
to him as aforesaid, to the End of the next Sessions of 
said General Court, any Resolve to the Contrary Not- 
withstanding. Ju7ie o, 1796, 



214 Eesolves, 1796. — May Session. 



Chapter 5a,* 

ORDER ON THE PETITION OF JONATHAN BOWMAN, JUN. AND 

OTHERS. 

On the petition of Jona. Bowman junr. Esqr. and 
others, praying for leave to build a Toll Bridge over 
Eastern River, at or near Call's Ferry so called in the 
County of Lincoln. 

Ordered that the Petitioners notify all whom it may 
concern by publishing their petition with this Order 
thereon, three weeks successively in the "Tocsin, and 
Kennebeck Intelligencer," printed at Hallowell ; the last 
publication to be at least thirty days previous to the third 
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. 

Junes, 1796. 

Chapter 6. 

RESOLVE AUTHORIZING THE TREASURER TO RECEIVE MONIES 
DIRECTED BY AN ACT OF THE UNITED STATES, PASSED THE 
28th APRIL, 1796, AND APPROPRIATING THE MONEY FOR THE 
PURCHASE OF THE DEBT OF THIS STATE. 

Resolved That the Treasurer of the Commonwealth be 
and hereby is authorized to recive all such sum or sums, 
directed by an Act of the United States passed the 28th 
of April 1796, to be reimbursed on Account of the 
balances or stock of the said United States bearing a 
present interest of six ^ Cent. f> annum, or which will 
bear a like interest from and after the first day of January 
one thousand eight hundred and one — as stand to the 
Credit of this State in consequence of an Act of the 
United States passed the thirty first day of May 1794. 

And it is further Resolved, that the money so received 
on account of said reimbursement be and hereby is 
appropriated for the purchase of the debt of this State, 
and the amount thereof when received shall be certified 
by the Treasurer to the Governor & Council, and the 
Governor with advice of Council is hereby requested, to 
draw his Warrant on the Treasurer, for the amount of said 
reimbursment in favor of the Commissioners for purchas- 

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



Kesolves, 1796. — May Session. 215 

ing the debt of this State, conformable to the Act passed 
the first day of Fe])ruary 1794, providing for the debt of 
this Commonwealth. June 4, 1796. 



Chapter 7. 

RESOLVE ON THE TETITIGN OF JOSEPH FARMER, AUTHORIZING 
HIM TO PROSECUTE A WRIT OF REVIEW. 

On the Petition of Joseph Farmer praying for Relief 
from a Judgment rendered in an Action brought against 
the said Joseph by One Richard Woods before Moses 
Parsons Esqr. a Justice of the Peace in & for the County 
of Essex on the 19th day of April 1788. 

Resolved that the said Joseph Farmer be & he hereby 
is authorised & impowered to prosecute a Writ of Review 
in the same Action at the Supreme Judicial Court to be 
holden at Salem within & for said County of Essex on the 
Second Tuesday of November next and the said Court are 
hereby authorised & impowered to proceed therein in the 
same manner as if the same had been granted & allowed 
by said Court on an application of the said Farmer within 
the time limited agreeable to the Law empowering said 
Court to grant writs of Review in certain Cases, and may 
reverse or affirm the Judgment aforesaid as the Case may 
require. June 4, 1796. 

Chapter 7a.* 

ORDER ON THE PETITION OF THE WARDENS AND VESTRY OF 
ST. ANDREWS CHURCH, SCITUATE. 

On the petition of the Wardens and Vestry of the Epis- 
copal Church of St. Andrews in Scituate, for themselves, 
and for the Protestant Episcopal Society resident in Sci- 
tuate, Hanover, and Towns and places adjacent, commonly 
attending Divine Worship in said St. Andrew's Church, 
praying to be incorporated into a Seperate Religious 
Society. 

Ordered^ that the Petitioners notify all persons con- 
cerned, by leaving an attested Copy of the said Petition, 
and this order thereon with the Clerks of the several 
Towns to which they respectively belong, thirty days at 
least before the second AVednesday of the next Session of 



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



216 Kesolves, 1796. — Mat Session. 

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 6, 1796. 

Chapter 8. 

RESOLVE ON THE PETITION OF THE TOWN OF EASTHAM, AP- 
POINTING A COMMITTEE TO SETTLE THE BOUNDARY LINE 
BETWEEN THE TOWNS OF CHATHAM AND EASTHAM. 

Resolved that the Hon. Isaac Thomson Esquire Eben- 
ezer Crocker Esquire and Mr. John Dilingham be a 
Committee to repair to the Towns of Eastham and 
Chatham to Ascertain, settle and establish the boundary 
line between said Towns at the expence of said Towns 
and Make report to the General Court at their session 
which shall be holden next after the said business shall 
be compleated. June 7, 1796. 

Chapter 8a.* 

ORDER ON THE PETITION OF SAMUEL POTTER AND OTHERS. 

On the petition of Samuel Potter and others, praying 
that the Inhabitants living on certain lands lying on Hoo- 
suck Mountain, between the Towns of Adams & Charle- 
mont may be taxed for the repairs of the road across said 
Mountain. 

Ordered^ that the Petitioners notify the inhabitants liv- 
ing on the lands mentioned in said petition and the non- 
resident proprietors of the same, by publishing the peti- 
tion and this order thereon, three weeks successively in 
the Massachusetts Mercury, also in the Western Star 
published in Stockbridge, to appear the second Wednes- 
day of the next Session of the General Court, to shew 
cause if any they have, why the prayer of the said Peti- 
tion should not be granted — The last publication in the 
above papers, to be thirty days before the said second 
Wednesday. June 7, 1796. 

Chapter 9. 

RESOLVE ON THE PETITION OF JOHN HEATH. 

Upon the Petition of John Heath of Roxbury in the 
County of Norfolk an Infant under the age of Twenty one 
years, and of Ephraim Murdock his Guardian. 

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



Resolves, 1796. — May Session. 217 

Resolved that the said John, with consent of his said 
Guardian, be, and he herel)y is authorized, to grant and 
convey to the corporation instituted in February 1795 
for bringing fresh water into Boston by subterraneous 
Pipes, a right to lay, and repair in the said Heaths Land, 
sucli pipes as may be necessary to bringing such water 
through the same ; his the said Heaths Minority notwith- 
standing. June 7, 1796. 

Chapter 10. 

RESOLVE ON THE PETITION OF PHEBE GILKEY, JAMES MOSHER, 
JUN. AND NATHANIEL MOSHER, AUTHORIZING PHEBE GIL- 
KEY, ADMINISTRATRIX TO SAID ESTATE, TO MAKE AND 
EXECUTE A DEED OF THE LAND MENTIONED; SHE TO BE 
ACCOUNTABLE TO THE JUDGE OF PROBATE. 

Resolved that Pliebe Gilkey Adminx. on the Estate of 
Joseph Gilkey late of Gorham in the County of Cumber- 
land deceasd. be and slie hereby is Authorized & im- 
powred to make & execute a good & sufficient Deed of 
AVarranty to James Mosher Jnr. & Nathl. Mosher of about 
forty five Acres of Land in sd. Gorham with the Appur- 
tenances agreeably to an Agreement in writing made by 
the sd. Joseph Gilkey, James Mosher Jnr. & Nathaniel 
Mosher, in the life Time of the sd. Joseph Bounded as 
follows vizt. Begining at the South East Corner of the 
thirty Acre Lot numbred one Hundred & fifteen, thence 
runing North thirteen degrees West thirty Eight Kods 
and Sixteen Links to a Stake, thence South Seventy 
Seven degrees West thirty Eight Rods and twenty Links 
to a Stake, thence North thirteen Degrees West thirty- 
Eight Rods & Sixteen Links to a Stake by the main Road, 
thence South Seventy Seven degrees West by said Road 
Seventy three Rods and five Links to John Rian Butler's 
Land, thence South thirteen degrees East by said But- 
ler's Land Seventy Seven Rods and Eight Links to the 
Southerly Side of sd. Gilkey 's Land thence North Seventy 
Seven degrees East one Hundred and twelve Rods to the 
first Bounds — The sd. Phebe being accountable to the 
Judge of Probate for the said County of Cumberland for 
the Sum of Money she may recieve of the sd. James 
Mosher Jnr. & Nathaniel Mosher for said Land. 

June 9, 1796. 



218 Resolves, 1796. — May Session. 



Chapter 10a.* 

ORDER ON THE PETITION OF THE INHABITANTS OF THE TOWNS 
OF DORCHESTER AND MILTON. 

On the petition of the Inhabitants of the Towns of Dor- 
chester and Milton, praying that no Sluice Ways may be 
permitted in the Dams, so as to injure the Mills on Nepon- 
set River. 

Ordered that the petitioners notify the Towns of Stough- 
ton and Sharon by delivering the Town Clerks of each of 
those towns, an attested Copy of their petition with this 
order thereon, three weeks before the second Thursday of 
the next Session of the General Court, that they may then 
appear and shew cause if any they have, why the prayer 
thereof should not be granted. June 9, 1796. 

Chapter 10b.* 

ORDER ON THE PETITION OF SALEM TOWNE, ESQ., AND OTHERS. 

On the petition of Salem Towne Esqr. and others, pray- 
ing for an Act of Incorporation impowering them to make 
a navigable Canal from the Line of the State of Rhode 
Island into the Town of Worcester and such other Towns 
as may be found practicable and expedient. 

Ordered, that the petitioners publish an attested Copy 
of said Petition, with this order thereon, in the Massachu- 
setts Mercury printed in Boston, and in the Massachusetts 
Spy printed in Worcester, three weeks successively ; the 
last publication to be made thirty days at least before the 
second Wednesday of the next sitting of the General Court, 
in order that any person concerned may appear and shew 
cause, if any can be shewn, why the prayer of said peti- 
tion should not be granted. June 9, 1796. 

Chapter 10 c* 

ORDER ON THE PETITION OF STEPHEN HIGGINSON ESQR. AND 

OTHERS. 

On the petition of Stephen Higginson Esqr. and others, 
praying for an Act of Incorporation, empowering them to 
make a Navigable Canal from the Great Pond in the Town 
of Worcester, to Boston. 

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



Resolves, 1796. — May Session. 219 

Ordered^ that the Petitioners publish an attested Copy 
of said Petition, with this Order thereon, in the Massachu- 
setts Mercury printed in Boston, and in the Massachusetts 
Spy, printed in Worcester, three weeks successively ; the 
last publication to be made thirty days at least before the 
second Wednesday of the next Setting of the General 
Court in order that any person concerned may appear on 
that day, and shew cause if any can be shewn, why the 
prayer of said petition should not be granted. 

June 9, 1796. 

Chapter IOd.* 

ORDER ON THE PETITION OF THE INHABITANTS OF BULLOCK'S 

GRANT. 

On the petition of the Inhabitants of Bullock's Grant, 
with several other Tracts of unincorporated Lands lying 
in the County of Berkshire praying to be incorporated as 
a Town. 

Ordered, that the petitioners notify the proprietors of 
said Lands by publishing an attested copy of their petition 
together with this order thereon, in the Massachusetts 
Mercury, three weeks successively ; the last publication 
to be at least thirty days previous to the second Wednes- 
day of the next Session of this General Court ; to appear 
on said day, & shew cause, if any they have, why the 
prayer of said petition should not be granted. 

June 10, 1796. 

Chapter IOe.* 

ORDER ON THE PETITION OF THE INHABITANTS OF THE TOWN 
OF WORTHINGTON. 

On the petition of a number of the Inhabitants of the 
Town of Worthington, praying to be incorporated into a 
seperate Religious Society. 

Ordered, that the petitioners notify the said Town of 
Worthington, Ijy leaving an attested Copy of their petition, 
and this order thereon, with the Town Clerk of said Town, 
thirty days at least, before the third 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 10, 1796. 

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



220 Eesolves, 1796. — May Session. 

Chapter IOf.* 

ORDER ON THE PETITION OF SAMUEL WELLS AND OTHERS. 

On the petition of Samuel Wells and others, inhabitants 
of the Town of Natick. 

Ordered that the petitioners notify the Town of Natick, 
by serving the Clerk thereof with an attested Copy of 
their petition, and this order, thirty days before the first 
Thursday of the next Session of the General Court, that 
they may appear on said day and shew cause if any they 
have, why the prayer of the petitioners should not be 
granted. June 10, 1796. 

Chapter 11. 

RESOLVE ON THE PETITION OF CHARLES PHELPS AND SAMUEL 
PORTER, EXECUTORS OF THE WILL OF ELISHA PORTER, ESQ. 
DECEASED. 

On the Petition of Charles Phelps & Samuel Porter 
Executors of the last Will & Testament of Elisha Porter 
Esqr. late Sherriff of the County of Hampshire Praying 
for a Remittance of a Sum of money the said Elisha 
Stands Chargeable in the Treasurers Books, for reasons 
set forth in said Petition. 

Resolved that the Sum of three hundred & ten pounds 
Six Shillings & Six pence three farthings, the Ballance 
which appears due to the Commonwealth, on Executions 
for No. 4 & No. 5 Taxes committed by the State Treas- 
urer to the Said Elisha Porter to Collect, and by him 
delivered to Certain Deputies, who have failed of perform- 
ing their duty, and by whom the said Elisha has Sustained 
heavy losses, be & hereby is Remitted and the Petitioners 
in their said Capacity be fully Discharged therefrom, and 
the Treasurer is directed to govern himself Accordingly. 

June 11, 1796. 

Chapter 11a.* 

ORDER ON THE PETITION OF THE INHABITANTS OF THE TOWN 
OF HALLO WELL. 

On the petition of a number of Inhabitants of the Town 
of Hallowell. 

Ordered, that the petitioners notify the Inhabitants ot 

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



Resolves, 1796. — May Session. 221 



said Town, by leaving an attested Copy of their petition, 
with this order thereon, with the Clerlv of said Town, 
thirty days at least, before the third Wednesday of the 
next Session of the General Court, that they may appear 
on said day, and sheAV cause, if any they have, why the 
prayer of said petition should not be granted. 

June 11, 1796. 



Chapter 13. 

RESOLVE ON THE TETITION OF THE INHABITANTS OF THE 
TOWN OF FRANKFORT, AUTHORIZING THE TREASURER TO 
DISCHARGE SAID TOWN OF FRANKFORT, OF CERTAIN TAXES. 

Resolved, That the Treasurer of this Commonwealth 
be, & hereby is authorized & directed to discharge said 
Town of Frankfort from all Taxes standing against said 
Town, on the Treasurey books, except Taxes No. Eleven 
& twelve, Provided, that the selectmen of the said Towns 
of Frankfort, Prospect & Hampden, shall certify to the 
said Treasurer, within Nine Months from the date of this 
Resolve, that the amount of the sums charged against 
said Town of Frankfort, on Taxes No. 6, 7, 8 & 9, 
Amounting to seventy six pounds seven shillings & 5 
pence, has been expended within that term, in said Towns 
of Frankfort, Prospect & that part of Hampden which 
was taken from said Town of Frankfort, for the support 
of schools or the building of School Houses : The same 
to be Expended in said Towns, in such proportion as 
they respectively are now holden to pay, of the Taxes 
above mentioned. June 11, 1796. 

Chapter 13. 

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

Resolved that their be allowed and paid out of the Treas- 
ur[er] [?/], of this Commonwealth to Each member of the 
Council, Senate and House of Representatives Two Dol- 
lars per Day for Each days attendance the Present Ses- 
sion 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 he it further Resolved that their be paid To the 
president of the Senate and the Speaker of the House of 



222 Kesolves, 1796. — May Session. 

Eepresentatives Each Two Dollars per Day for Each days 
attendence over, and above their pay as Members. 

June 11, 1796. 

Chapter 14. 

RESOLVE ON THE PETITION OF SARAH DECKER, AND OTHERS 
AUTHORIZING THE ADMINISTRATRIX TO CONVEY A CER- 
TAIN PIECE OF LAND. 

On the Petition of Sarah Decker, Ebenezer Gove Wil- 
liam Patterson and William Cunningham, praying that 
the said Sarah, in her capacity as Administratrix of Joseph 
Decker, deceased, may be authorised to convey certain 
lands to the said Ebenezer Gove, William Patterson & 
William Cunningham. 

Resolved, that the said Sarah Decker, Administratrix 
as aforesaid, be and she hereby is authorised and impow- 
ered to convey by deed to the said Gove, Patterson and 
Cunningham, their heirs and assigns, a certain piece of 
land situate in Harps well in the County of Cumberland, 
which was set ofi' by execution to the said Sarah, in her 
said capacity, in satisfaction of a Judgment obtained by 
the said Sarah, in her said capacity, in behalf and for the 
use of the said Gove, Patterson & Cunningham, against 
one Ebenezer Toothaker. And any deed executed by the 
said Sarah, in her said capacity shall be as good and valid 
in Law as if executed by said Joseph Decker in his life 
time. June 11, 1796. 

Chapter 15. 

RESOLVE ON THE PETITION OF JABEZ WALCUTT, DISCONTINU- 
ING THE SUITS MENTIONED, WITH A PROVISO. 

On the Petition of Jabez Walcutt praying that he and 
his sureties may be relieved in three suits against them 
now pending in the Court of Common Pleas in the County 
of Worcester, on three writs of scii-e facias, brought for 
the recovery of the penalty of the said recognizances for- 
feited at the Court of General Sessions of the said County 
as set forth in said Petition. 

Resolved that the prayer of the petition be so far granted 
that the said three suits now pending in the said Court of 
Common Pleas be and the same hereby are discontinued 
and the same recognizances rendered Null and Void. Pro- 



Resolves, 1790. — May Session. 223 

vided hoivever that the said Jabez at the next term of the 
same Court shall pay the cost which shall have then arisen 
on the same suits, and the cost of the prosecution upon 
which said liecognizanccs were taken — and provided aho 
that the said Jabez shall then pay or secure, or cause to 
be secured on Interest the sum of three hundred and thirty 
three dollars and thirty three Cents — being the penal sum 
of his said recognizance to Mr. Oliver Barrett of Bolton 
— which sum so paid or secured shall remain in the hands of 
the said Oliver Barrett or his successor in said capacity dur- 
ing the Natural life of Mary wife of the said Jabez, divorced 
from bed and board, and at her decease to revert to his 
Children now born — and the said trustee shall pay to the 
said Mary Annually the Interest arising from the money 
in his trust agreeable to the above directions, and the said 
Oliver Barrett shall give sufficient Bond to the Judge of 
Probate for the County of Worcester to acct. for the faith- 
ful discharge of his said trust — and the said Judge of 
Probate is hereby authorised and directed to take said 
Bond or Bonds and the same shall be recoverable in the 
same manner as Guardian bonds are recoverable — Pro- 
vided the said sum shall be considered subject to Alimony 
for said Mary, as the Supreem Judicial Court may decree, 
and the sum so decreed and paid shall pass to the Credit 
of said trustee with said Judge. June 11, 1796. 

Chapter 16. 

RESOLVE ON THE PETITION OF LUCRETIA MOORE, ADMINISTRA- 
TRIX, AUTHORIZING HER TO CONVEY BY DEED, CERTAIN 
LANDS DESCRIBED. 

On the Petition of Lucretia Moore Administratrix of 
the Estate of Luke Moore late of Westfield in the County 
of Hampshire deceased praying that she may be author- 
ized to convey certain lands, and receive a deed of con- 
veyance of certain other lands mentioned in said Petition, 
in pursuance of an agreement made between the said Luke 
in his life time, & one Rufus Stephens, to exchange said 
lands. 

Resolved for reasons set forth in the said Petition, that 
the said Administratrix be authorized to convey by Deed 
to the said Rufus in fee simple, so much of lot number 
ninety nine in the division of lands in said Westfield 
called the long lots, to be taken off said lot by a line run- 



224 Resolves, 1796. — May Session. 

ning parallel to the line of the same lot which divides the 
same from lot number ninety eight in said division of 
lands, and to adjoin the same lot, as shall be equal in 
quantity to the lots number one hundred & one & number 
one hundred and three in the same division of lands, in 
exchange for the said lots, one hundred & one & one hun- 
dred & three to be by the said Rufus Stephens conveyed 
by deed to the said Lucretia to the use of the children & 
Heirs of the said Luke Moore, in fee simple, in exchange 
for the part aforedescribed of the said Lot number ninety 
nine — which deeds so made and executed shall have the 
same operation in all respects as if Deeds of exchange of 
the same lands had been made and executed by and be- 
tween the said Luke Moore & Rufus Stephens in the life 
time of the said Luke Moore. June 13, 1796. 



Chapter 17. 

RESOLVE GRANTING TO THE HON. WILLIAM GUSHING, FIVE HUN- 
DRED DOLLARS, FOR HIS SERVICES WHILE A JUSTICE OF THE 
SUPREME JUDICIAL COURT. 

On the petition of the Honl. William Gushing Esqr. 

Resolved that there be allowed and paid out of the 
treasury of this Commonwealth the sum of five hundred 
dollars to the Honl. William Cushing Esqr. in full Com- 
pensation for his Service the three last years in which he 
held the office of Justice of the Supreme Judicial Court. 

June 13, 1796. 



Chapter 18. 

RESOLVE APPOINTING THOMAS DAWES AND JONATHAN MASON, 
ESQUIRES, TO SETTLE THE TREASURER'S ACCOUNTS. 

Resolved that Thomas Dawes & Jona. Mason esqrs. be 
a Committee to Examine & adjust the accounts of the 
Treasurer of this Commonwealth from the last day of June 
last to the first day of July next and the said Com- 
mittee are empowered and directed to deface all Notes due 
bills orders &c. Issued under the Authority of this Com- 
monwealth by any Officer thereof that have been redeemed 
by the Treasurer during the time aforesaid — and to re- 
port an Account of their proceedings at the Next session 
of the General Court. J?me 13, 1796. 



Resolves, 1796. — May Session. 225 



Chapter 19. 

RESOLVE ON THE PETITION OF JONATHAN MAYNARD, IN BE- 
HALF OF THE TOWN OF FRAMINGIIAM, AUTHORIZING THE 
TREASURER TO CREDIT SAID TOWN WITH THE SUM OF FORTY- 
TWO DOLLARS, PROVIDED. 

On the petition of Jona. May nurd on behalf of the In- 
habitants of Framingham, praying that the Treasurer of 
this Commonwealth may be authorized and directed to 
credit the said town of Framingham the sum of forty two 
dollars, being the amount of an order heretofore drawn in 
favour of Thomas Drury collector of tax no. 1, for said 
town* on Loammi Baldwin formerly Sherift' of the County 
of Middlesex, which order has since been lost. 

Resolved That the prayer of said petition be granted 
and that the treasurer be and he is hereby authorized and 
directed to credit the said town of Framingham the said 
sum of forty two dollars l)eing the sum charged against 
said town Provided the said town shall give or cause to be 
given to the Treasurer security to his satisfaction to indem- 
nify the Commonwealth from said order. 

June 13, 1796. 

Chapter 20. 

RESOLVE FOR THE CHOICE OF ELECTORS FOR PRESIDENT AND 
VICE PRESIDENT OF THE UNITED STATES. 

Resolved that the Selectmen of the several towns and 
districts & the assessors of the unincorporated plantations 
in this Commonwealth, in the fourteen districts described 
in an act intitled " an act for dividing the Commonwealth 
into districts for the choice of Representatives in the 
Congress of the United States, & prescribing the mode 
of election," shall, in manner the law directs for calling 
town meetings, cause the inhabitants thereof duly quali- 
fied to vote for Representatives to the General Court of 
this Commonwealth, to assemble on Monday the seventh 
day of November next to give in their votes to the select- 
men or assesors who shall preside at said meeting, for 
one elector of President & Vice President of the United 
States in each of said fourteen districts, not being a Sena- 
tor or Representative in the Congi-ess of the United States, 
or person holding any office of trust or profit under said 
United States. 

And the said Selectmen or Assessors, or a Major part 



226 Resolves, 1796. — May Session. 

of them, shall, in open Meeting, sort & count the Votes, 
and form a list of the names of the pei'sons voted for, 
with the nnmlier of Votes for each person set against his 
name; And the Town, District or Plantation Clerk, re- 
spectively, shall make a fair record thereof; and the said 
Selectmen or Assessors shall make a pnblick declaration 
of the names of the persons voted for, & of the number 
of Votes which they respectively have, and shall seal up 
a copy of the said List, certified by said Selectmen or 
Assessors & Clerks respectively, in opon Meeting, and 
shall transmit the same to the Office of the Secretary of 
this Commonwealth, on or before the seventeenth c^ay of 
said November. And on the eighteenth day of said No- 
vember the General Court, then in session, shall examine 
said lists or returns, and determine & declare who is elected 
from each district by a majority of votes given therein. 
And in case there shall not apjiear to be the full number 
of fourteen electors returned by a majority of votes, the 
deficiencies shall be supplied from the several districts 
respectively, by joint ballot of the Senate & House of 
Kepresentatives, in the same manner as deficiencies & 
vacancies in the Senate are by the Constitution of this 
Commonwealth directed to be supplied, and two other 
Electors shall also be chosen at large by the Senate & 
House of Representatives convened as aforesaid in order 
to compleat the whole number of Sixteen Electors to 
which this State is entitled by the Constitution of the 
United States. 

And be it further resolved, that his excellency the Gov- 
ernor be and hereby is requested forthwith to transmit to 
each person so chosen an Elector, a certificate of said 
choice : and the said Electors are hereby directed & re- 
quired to meet on the first Wednesday of December next, 
at ten OClock in the forenoon, at the State House in Bos- 
ton for the purpose of voting by ballot, for two persons 
for President & Vice President of the United States : 
and for their travel &, attendance they shall receive the 
same compensation as members of the house of Repre- 
sentatives are entitled to. 

And be it further resolved that if the Selectmen of any 
town or district, or the assessors of any unincorporated 
plantation in the Commonwealth shall neglect to call such 
meeting, or to transmit the list of votes of said town dis- 



Kesolves, 1796. — May Session. 227 

trict or plantation in manner aforesaid to the office of the 
Secretary of this Connnonwealth on or before the said 
seventeenth day of November, each of said Selectmen or 
assessors so neglecting shall forfeit & pay the sum of 
twenty dollars to the use of the Commonwealth. Pro- 
vided that if the selectmen or assessors of any town dis- 
trict or plantation shall transmit to the Sheriff' of the 
county in wdiich such town, district or plantation shall be, 
the list of votes of such town district or plantation on or 
l)cf()re the tenth day of November next, they shall be ex- 
cused from the penalty aforesaid. And it shall be the 
duty of the Sheriffs of the several counties in the Com- 
monwealth, to transmit the votes by them respectively re- 
ceived from the Selectmen or assessors as herein directed, 
to the office of the Secretary of the Commonwealth on 
or before the seventeenth day of November : and any 
Sheriff" who shall neglect or refuse to return the list of 
votes by him received as aforesaid, within the time afore- 
said or to perform any of the duties by these Resolves 
required of hira shall forfeit & pay to the use of the Com- 
monwealth a sum not exceeding Two thousand dollars nor 
less than five hundred dollars, for any such neglect, to be 
recovered by action of the case. And the said Sheriff's 
shall be allowed and paid out of the treasury of this Com- 
monw^ealth the sum of Eight Cents for each miles travel to 
& from the Secretary's Office in transmitting said votes. 

And be it further resolved that in case the aforesaid 
returns from any district shall not be received at the 
Secretary's office on or l)efore the said seventeenth day 
of November, the members of the two houses of the 
Legislature shall on the said eighteenth day of November 
proceed to chuse an Elector for such district in the 
manner before described. And if it shall so happen that 
1)y the death or resignation of any Elector, a deficiency 
of the number of Electors, to w^iich this Commonwealth 
is entitled, shall take place, such deficiency may be sup- 
plied by joint ballot of the Senate & House of Represent- 
atives, any time within thirty four days next preceding 
the first Wednesday of December next. And the Secre- 
tary is hereby directed to transmit seasonably to the 
Sheriffs of the several Counties in this Commonwealth 
copies of these Resolves for the selectmen of the several 
towns & districts & assessors of the several plantations 



228 Resolves, 1796. — May Session. 

in such Counties respectively, to be by said Sheriffs 
transmitted to the selectmen and assessors accordingly. 

June 13, 1796. 

Chapter 21. 

RESOLVE ON THE PETITION OF JONATHAN KNOWLTON, AUTHOR- 
IZING HIM TO EXECUTE A DEED OF THE LAND PURCHASED 
BY THE COMMONWEALTH. 

On the Petition of Jonathan Knowlton, praying that he 
may be authorised to execute deeds to sundry persons of 
certain land purchased for them by him, and Ebenezer 
Smith deceased. 

Resolved, for reasons set forth in said Petition, that the 
said Jonathan Knowlton be and he hereby is authorised 
and impowered to execute good and lawful deeds of the 
land purchased of the Comonwealth by him together with 
one Ebenezer Smith, at Sandy River so called, in the 
County of Lincoln, to each of those persons, their heirs 
and assigns, who originally contracted with him and the 
said Ebenezer Smith, for the purchase of said land in 
such parts and proportions as were originally agreed upon 
by the company who emplf)yed them as agents which land 
is since divided by lot. And the deeds executed by said 
Jonathan for this purpose shall be good and efiectual to 
pass said lands, notwithstanding the decease of the said 
Ebenezer Smith. June 15, 1796. 

Chapter 31a.* 

ORDER ON THE PETITION OF EDMUND BRIDGES ESQR. AND 

OTHERS. 

On the petition of Edmund Bridges Esqr. and others 
praying for liberty to build a Toll Bridge over Eastern 
River, near Gardner's Mills in the County of Lincoln. 

Ordered, that the petitioners notify all whom it may 
concern by publishing their petition with this Order 
thereon, three weeks successively in "The Tocsin" and 
" Kennebeck Intelligencer" printed at Hallo well ; the 
last publication to be at least thirty days previous to the 
third Wednesday of the next Session of the General 
Court, that they ma}^ then appear and shew cause, if any 
they have, why the prayer of said Petition should not be 
granted. June 15, 1796. 

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



Resolves, 1796. — May Session. 229 

Chapter 31b.* 

ORDER ON THE PETITION OF ELIJAH SPRAGUE AND OTHERS. 

On the petition of Elijah Spragiie and others, Agents 
for the Town of Adams. 

Ordered that the Petitioners give notice to all parties 
interested, by publishing a Copy of their petition, and 
this Order thereon, in the Massachusetts Mercury three 
weeks successively before the next Session of the General 
Court, to appear on the second Wednesday of the next 
Session, and shew cause if any they have, why the prayer 
of said petition should not be granted — the last publica- 
tion to be thirty days before the said second Wednesday. 

J^me 15, 1796. 

Chapter 33. 

RESOLVE ON PETITION OF WILLIAM PAGE, DIRECTING COM- 
MISSIONERS FOR SALE OF EASTERN LANDS, TO SELL SIX 
TOWNSHIPS, MENTIONED. 

Resolved, that the Committee for the sale of eastern 
lands make sale of six townships of land adjoining the 
line of New Hampshire, and lying north of land lately 
sold by said Committee to Stephen Conant, any former 
Resolve or order notwithstanding. June 16, 1796. 

Chapter 33. 

RESOLVE ON THE REPORT OF THE COMMITTEE APPOINTED TO 
EXAMINE INTO THE STATE OF THE GARRISON ON CASTLE 
ISLAND. 

The Committee of both Houses ordered to repair to the 
Garrison on Castle Island in the Harbour of Boston, 
examine into the State thereof, and make report the 
present Session have attended the duties assigned them, 
and ask leave to report the following Statement which is 
submitted. THOS. DAWES pr. order. 

By a resolve passed the 27th of Feby. last, the Quarter 
Master General was required under the direction of the 
Commanding Officer of the Garrison at Castle-Island to 
mount SIX pieces of heavy ordnance on the most eligible 
situation for the defence of said Garrison, on high car- 
riages upon the new & most approved construction, with 

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



230 Resolves, 1796. — May Session. 

platform & parapet suitable for the same : and that the 
convicts on said Island, be employed, so far as they can 
be useful in the accomplishment of said business &c. 
and six hundred dollars were granted to the Quarter 
Master General to enable him to carry the foregoing re- 
solves into execution. The Committee found the works 
directed to be done by the said resolve progressing. 
One piece of ordnance being mounted upon a new con- 
structed Carriage to play over the parapet, two men can 
traverse the said carriage with great ease round a circle 
of near forty feet diameter in one minute. The parapet 
for the six pieces of ordnance is nearly compleated. And 
the Committee are of opinion that if the remaining line 
of Embrasures is repaired in the same manner, a very 
great saving will Ije made to the Commonwealth, their 
being a quantity of Stone on the spot (the foundation of 
former platforms) sufficient for said purpose. By this 
repair a great quantity of earth that was thrown up for 
what was formerly called Shirley's battery will be saved : 
Whereas the sods made use of for said work being Salt 
water sods are now going to ruin very fast. The parapet 
& Stone-work above mentioned have been done by a part 
only of the Convicts, under the direction aforesaid within 
two months ; and it is supposed that the remaining work 
can be done by them in two months more. The heavy 
ordnance being on the spot, the Committee are further of 
opinion, that if the Quarter Master General was author- 
ised to mount Ten more of these Cannon the Garrison 
would be in a much better situation than at present, and 
therefore recommend that he be so authorized as the same 
can be, done at this time with a very small expence when 
compared to what it may be done [foi''\ in future. The 
Committee further report that a piece of Stone wall that 
makes a great part of the covered way to the principal 
magazine that has fallen down ought to be repaired this 
Summer, which will also save much expence in the end. 
The Committee further report, that a considerable piece 
of Stone wall that supports the great body of Earth at the 
West Head so called is also fallen down, and calls for an 
imediate repair. The said walls can be all done by the 
Convicts in the Course of the present Summer if provision 
is made for the purpose. The Committee therefore sub- 
mit for the consideration of the two houses the exi)ediency 
of passing a resolve for enabling the Quarter Master 
General to compleat the above mentioned works. 



Resolves, 1790. — May Session. 231 

In Senate, June 15th, 1796, read and accepted, and 
thereupon 

Resolved that there be allowed & paid out of the public 
treasaiy to Auiasa Davis (Quarter Master General the sum 
of one thousand dollars to enable him to amend & repair 
the walls breastworks & other works on Castle Island in 
such manner as the Commandinir Officer shall direct, such 
repairs not exceeding the sum before mentioned, and to 
be made with ojconomy and so as to employ the convicts 
on said island in performing the labour as far as may be ; 
said Quarter Master to be accountable for the same. 

June 16, 1796. 

Chapter 34.* 

ORDER RESPECTING THE PAYMENT OF THE QUIT RENTS DUE 
FROM THE TENANTS OF CERTAIN LANDS IN HOPKINTON AND 
UPTON, AND DIRECTING THE SECRETARY TO PUBLISH THIS 
ORDER. 

Whereas the Resolves of the General Court, passed in 
June 1782, in November 1787 & in February last respect- 
ing the payment of the quit rents due from the Tenants 
of certain lands in Hopkinton & Upton, to the Trustees 
of the Donation of Edward Hopkins esqr. are found to 
operate unequally : 

Therefore Ordered that the Secretary of this Common- 
wealth be, and he hereby is directed to publish this Order 
three weeks successively in the Massachusetts IVIercury in 
the month of September next, that the Tenants of said 
Lands in Hopkinton, & Upton & the Trustees of said 
Donation of Edward Hopkins, may appear if they see 
cause, on the first Thursday of the next Session of the 
General Court, &, shew cause, if any they have, why said 
resolves should not be repealed, and such further pro- 
ceedings had thereon as may place the said Tenants & 
Trustees on an equitable & just foundation — & that the 
Secretary do transmit to the Selectmen or Assessors of 
said towns of Hopkinton & Upton a copy of this order, 
requiring them to make a return on said first Thursday to 
the Secretary's Office of the number of acres of land lying 
in each of said towns held by said Tenants, together with 
the rate at which they have been valued and assessed to 
the said Tenants resi)ectively in the valuation and assess- 
ment returned from the said Towns at the taking of the 
last valuation. June 16, 1796. 

* Taken from court record. 



232 Eesolves, 1796. — May Session. 

Chapter 34a.* 

ORDER ON THE PETITION OF GEORGE BRIMMER AND OTHERS. 

On the petition of George Brimmer and others, pray- 
ing that a Law may pass, providing sluice ways for the 
passage of fish through the Mill Dams on Union River. 

Order-ed, that the petitioners serve the several Owners 
of Mill Dams on Union River, with an attested Copy of 
their petition and this order thereon, 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 16, 1796. 

Chapter 35. 

RESOLVE ON THE PETITION OF DAVID PORTER, DIRECTING THE 
COMMITTEE FOR THE SALE OF EASTERN LANDS, TO CONVEY 
TWO HUNDRED ACRES OF LAND, ACCORDING TO A CERTAIN 
CONTRACT. 

On the petition of David Porter stating that he settled 
on certain land before it was granted to Fryeburgh Acad- 
emy and that he contracted with one of the Committee 
for the sale of Eastern lands for two hundred acres of land 
for himself & son, for an agreed price, and that the same 
was exempted in the grant to the said Academy. 

Resolved that the said Committee convey to the said 
Porter & son the same two hundred acres according to 
the terms of the Contract made with them, or on such 
terms as the said Committee may think reasonable all the 
circumstances of the case considered. June 16, 1796. 

Chapter 36. 

RESOLVE ON THE PETITION OF JACOB KUHN, GRANTING HIM ONE 
HUNDRED DOLLARS. 

On the Petition of Jacob Kuhn. 

Resolved that there be allowed and paid to Jacob Kuhn, 
out of the Treasury of this Commonwealth, the sum of 
One hundred Dollars, in Addition to the sum already al- 
lowed him for his services as Messenger to the General 
Court for the present year commencing the 30th day of 
May last. " June 16, 1796. 

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



Eesolves, 1796. — May Session. 233 



Chapter 21. 

RESOLVE ON THE PETITION OF JOHN WASHBURN AND OTHERS, 
AUTHORIZING SIMON JACKSON, TO GIVE AND EXECUTE A 
GOOD DEED OF THE LOTS OF LAND MENTIONED. 

On the Petition of John Washburn & others praying 
that Simon Jackson Esqr. Admr. on the Estate of Alex- 
ander Shephard junr. late of Newton deed, may be em- 
powered to give & execute to them good & sufficient Deeds 
for Lands which they purchased of sd. Shepard in his life 
time, — for Reasons set forth in said Petition. 

Resolved, That Simon Jackson, Admr. as aforesaid, be 
& he hereby is authorized, to give & execute good & suffi- 
cient Deeds to John Washburn, Eben. Drake, Elisha 
Haydon, JTeptha Benson, Bezalah Myrick, John Bridgham 
Jr. & John Bridgham of certain lots of Land lying in 
Hebron which they purchased of the said Alexr. Shephard 
jr. in his life time, notwithstanding the bond given by said 
Shephard for giving deeds of such lots of land, was with- 
out seal. June 16, 1796. 



Chapter 38. 

RESOLVE GRANTING A TAX TO THE COUNTY OF NORFOLK, AND 
ALLOWING THE COUNTY TREASURER'S ACCOUNTS. 

Whereas the Treasurer of the County of Norfolk, has 
laid his Accounts before the General Court, in manner 
prescribed by law, which are hereby allowed, and whereas 
the Clerk of the Court of General Sessions of the peace 
for said County, has laid before the General Court, an 
estimate made by said Court of General Sessions of the 
peace, of the necessary charges likely to arise in said 
County the present year, amounting to twenty two hun- 
dred and eight Dollars : 

Resolved that the sum of twenty two hundred and eight 
Dollars, be and hereby is granted as a tax for said County 
of Norfolk, to be apportioned assessed, collected and ap- 
plied for the purposes aforesaid agreeably to law. 

June 16, 1796. 



234 Kesolves, 1796. — May Session. 



Chapter 29.* 

OllDEll ON THE PETITION OF JOHN WILLIAMS AND OTHERS, 
APPOINTING A COMMITTEE TO REPAIR TO THE TOWN OF 
DEERFIELD, AND TO VIEW THE PLACES AND TO MAKE RE- 
FORT. 

On the petition of John Williams & others praying 
for leave to erect a bridge over Deerfield Kiver in the 
Town of Deerfield at a place called Rocky Mountain ; 
& on the petition of David Smead & others, praying for 
leave to build a Bridge over the same River at the place 
where the Ferry is now kept. 

Ordered that His Honor Jonathan Hunt Esqr. of 
Hinsdale in the State of . Vermont, Daniel Bigelow of 
Petersham and John Black Esqr. of Barre, be and they 
hereby are appointed a Committee at the mutual expence 
of the Petitioners, to repair to the said Town of Deerfield, 
and after giving due notice to all parties interested, to 
view such places as shall be shewn to them & make re- 
port to the Legislature at their next Session which of 
said places is, in their opinion, most eligible for a Bridge, 
& for the accomodation of Travellers. 

June 16, 1796. 

Chapter 30. 

RESOLVE GRANTING TO THE CLERKS OF THE SENATE AND 
HOUSE OF REPRESENTATIVES, ONE HUNDRED AND THIRTY- 
THREE DOLLARS. 

Resolved That there be allowed and paid out of the [)ub- 
lic Treasury to Mr. Edward McLane Clerk of the Senate 
One hundred & thirty three Dollars ; & to Henry Warren 
Esq. Clerk of the House of Reprcsentt. One hundred 
thirty three Dollars on Account of their services as Clerks 
aforesaid for the present year they to be accountable for 
the same respectively. Jane 16, 1796. 

Chapter SOa.I 

ORDER ON THE PETITION OF JOSHUA THOMAS AND OTHERS. 

On the petition of Joshua Thomas and othei's. 
Ordered, that the petitioners notify the Trustees of 
Plymouth Academy by serving them, (or either of them) 

* Taken from court record. 

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



Resolves, 1796. — May Session. 

with an attested Copy of their petition, with this Order 
thereon, at least Thirty days before the second Wednes- 
day of the next Session of the General Court, that the 
said Trustees, or their legal Representative, may then ap- 
pear & shew cause if any they have, why the prayer ot 
said l^etition should not be granted. June 16, 1796. 

Chapter 31. 

RESOLVE ALLOWING JACOB KUHN'S ACCOUNT, AND GRANTING 
HIM NINE DOLLARS AND TWENTY-FIVE CENTS. 

Whereas by an account exhibited 1)y Jacob Kuhn Mes- 
sencrer of the General Court it appears that he has ex- 
pended the sum of one hundred & fifty nine dollars c^ 
twenty five cents in purchasing fuel &c. for tli.e use ot the 
said Court, which leaves a Ballance due to him ot nine 
dollars & twenty five Cents, over and above what he had 
Received for that purpose : Therefore 

Besolved — that Jacob Kuhn be discharged ot the sum 
of one hundred and fifty dollars — advanced him by a 
Resolve of the twenty fifth day of June last — and it is 
further Resolved that there be allowed and paid out ot 
the Treasury of this Commonwealth to the_ said Kuhn, 
the sum of nine dollars and twenty five Cents in lull ot the 
ballance due to him on said account. June 16, 1796. 



235 



Chapter 32. 

RESOLVE GRANTING A TAX FOR THE COUNTY OF SUFFOLK. 

Whereas the Clerk of the Court of General Sessions of 
the peace of the County of Sufiblk, has laid before the 
General Court, an estimate made by the said Court ot 
General Sessions of the peace, of the necessary charges 
likely to arise within said County, the present year, 
amounting to four thousand & sixty seven Dollars : 

Resolved that the sum of four thousand and sixty seven 
Dollars, be and hereby is granted, as a tax for said County 
of Sufiblk, to be apportioned, assessed, collected and ap- 
])lied for the purposes aforesaid, agreeably to law — any 
former law or Resolve to the contrary notwithstanding. 

June 16, 1796. 



236 Resolves, 1796. — May Session. 



Chapter 33. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF SEDGWICK, ALLOWING TO THE SEVERAL TOWNS IN SAID 
COUNTY, SIX MONTHS FOR PERFORMING THE CONDITIONS 
PRESCRIBED AND FOR PAYMENT OF TAXES. 

On the Petition of the Selectmen of the Town of Sedg- 
wick, praying for a discharge from tax No. 5. 

Whereas, on the 24th of February 1794, a Resolve 
passed the General Court authorising and directing the 
Treasurer of this Commonwealth to discharge the Towns 
and Plantations in the Counties of Hancock and Wash- 
ington from all taxes prior to tax number six, on conditions 
prescribed in said Resolve ; and whereas no notice of said 
Resolve was given to said Towns and Plantations before 
the time expired, within which the conditions were to be 
performed, so that many of them have not performed the 
same, and are therefore liable to pay said Tax No. 5 : 

Therefore, Resolved, that there be allowed to the sev- 
eral towns in the Counties of Hancock & Washington, 
the term of six months from this date, for performing the 
conditions prescribed in the resolve aforesaid ; and on pay- 
ment of taxes No. 6, 7, 8 and 9 within the term aforesaid, 
that the Treasurer discharge said Towns from all prior 
taxes, notwithstanding the lapse of time mentioned in the 
aforesaid Resolve. June 16, 1796. 

Chapter 34. 

RESOLVE GRANTING TWO THOUSAND DOLLARS TO COMMIS- 
SIONERS FOR TREATING WITH PENOBSCOT INDIANS. &c. 

Whereas by a resolve of February 26th 1796 appoint- 
ing William Shepherd, Nathan Dane, & Daniel Davis 
Esqrs. Commissioners, to treat with the Penobscot In- 
dians, no provision is made for furnishing the said 
Committee with money for that purpose : it is therefore 

Itesolved, that the Treasurer be & he is hereby author- 
ized & directed to pay out of the Treasury of this Com- 
monwealth to the said Commissioners the sum of Two 
thousand dollars — they to be accountable for the due 
expenditure of the same, for the purpose of defraying the 
expense. & carrying into effect the said treaty. And his 
Excellency the Governor, by & with the advice & consent 
of the Council is hereby requested to issue his warrant 



Resolves, 1796. — May Session. 237 

on the Treasury for that purpose. And it is further Re- 
solved, that His Excellency the Governor be, & he is hereby 
requested to issue his Commission to the said Commis- 
sioners, expressive of the authority & powers, by the re- 
solve aforesaid, vested in them. June 16, 1796. 

Chapter 35. 

RESOLVE DIRECTING THE TREASURER TO ISSUE HIS WARRANT, 
FOR THE ADDITION OF CERTAIN SUMS DUE FROM SEVERAL 
TOWNS TO THEIR RESPECTIVE PROPORTIONS OF THE TAX 
ORDERED THE PRESENT SESSION. 

Whereas there is due on the Treasury Books from the 
Town of Needham on Beef Tax five dollars & fifty six 
cents, from the Town of Newton on New Emission tax 
two dollars, fifty five cents from the town of Mont- 
gomery Thirty eight dollars fifty cents being for taxes 
that were assessed on the town of Westfield when Mont- 
gomery made a part of said Town of Westfield — from the 
town of Long Meadow fifty seven dollars eleven cents, 
from the town of Ludlow thirty one dollars & five cents 
being for Taxes assessed on the town of Springfield, when 
the said Towns of Long Meadow & Ludlow composed & 
made a part of the Town of Springfield — from the Town 
of Grafton on Beef tax one dollar eighty nine cents from 
the Town of Biddeford on Beef tax six dollars sixty six 
cents : 

Resolved, that the sums due from said Towns be added 
to their respective proportions of the Tax ordered to be 
assessed & paid by an act passed the present Session of 
the General Court, and the Treasurer of the Common- 
wealth is directed to Issue his warrant therefor accordingly 
requiring the Assessors of said Towns respectively to 
assess the same to be collected & paid into the publick 
Treasury with their other proportion of said Tax. 

June 17, 1796. 

Chapter 35a.* 

ORDER ON THE PETITION OF DANIEL MERRIT AND OTHERS. 

On the petition of Daniel Merrit and others. 
Ordered, that the petitioners notify the Clerks of the 
Plantations No. 5 & 6, lying west of Machias, by leaving 

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



238 Eesolves, 1796. — May Session. 

with Ihem an attested copy of their petition with this 
order thereon, thirty days at least before the second 
Wednesday of the next General Court, that they may 
ai)[)ear on said day and shew cause, if any they have, why 
the prayer of said petition should not be granted. 

June 17, 1796. 

Chapter 36. 

RESOLVE ON THE PETITION OF BENJAMIN CLEVERLY, 2d, EM- 
POWERING HIM TO EXECUTE A DEED. 

On the Petition of Benjamin Cleverly, the second. 
Administrator on the estate of Joseph Cleverly, the 
second, late of Quincy in the County of Norfolk, deceased. 
Yov reasons set forth in said Petition 

Resolved, that the said Benjamin be and he is hereby 
impowered to make and execute a good and Valid deed 
of all the right and claim of the heirs of the said Joseph 
Cleverly in the estate late John Cleverly's ; and that the 
said deed shall convey as complete a title as though it 
had been made by Joseph Cleverly aforesaid while alive. 

June 17, 1796. 

Chapter 37. 

RESOLVE ON THE PETITION OF NATHAN WOOLSON AND ANNA, 
HIS WIFE, AND CURTIS SEARL, EMPOWERING THEM TO 
APPEAL FROM THE DECREES MADE BY THE JUDGE OF PRO- 
BATE OF WORCESTER. 

On the petition of Nathan Woolson, Anna Woolson his 
wife & Curtis Searl praying for Liberty to appeal from 
certain decrees of the Judge of Probate for the County of 
Worcester made on the third of June & second of Decem- 
ber in the year one thousand, seven hundred & ninety four. 

Resolved for reasons set forth in said petition that the 
said Nathan Woolson & Anna Woolson his wife & Curtis 
Searl be & they hereby are authorized & empowered to 
appeal from the decrees made by the Judge of Probate 
aforesaid for the County aforesaid on the third day of 
June & second day of December aforesaid on certain 
accounts exhibitted by Asa Biglow executor of the last 
will & testament of Joshua Biglow Esqr. deceased to the 
Suprem^e Court of Probate, next to be holden at Worces- 
ter within & for the said County of Worcester on the 
third Tuesday of September next. And the said Supreme 



Resolves, 1796. — Mat Session. 239 

Court of Probate is hereby fully Authorized & empowered 
to hear & determine tlie said appeal in the same manner 
they would have done if the same had been made within 
the time limitted by law Provided the said Nathan & 
Curtis or either of them shall serve the said Asa Biglow 
with an attested Copy of their said petition & this resolve 
thereon fifteen days at least before the said third Tuesday 
of Sei)teml)er next provided also that they file the reasons 
of their A})})eal in the Probate Office ; and cause them to be 
served upon the Appellee in the same manner as they would 
have l)een held to do if they had claimed their Appeal 
within the time prescribed by Law. June 17, 1796. 

Chapter 38. 

RESOLVE DIRECTING THE TREASURER TO BALANCE CERTAIN 
ACCOUNTS IN THE TREASURY BOOKS. 

Resolved that the Treasurer of the Commonwealth be 
and he herel)y is authorized to balance the Accounts of the 
following persons in the Treasury Books vizt. — 

Cornelius Lynde Collr. of Excise in the County of 

Berkshire. 
Jonathan Titcomb Naval Ofiicer. 
Thomas Boyd ditto. 
John Pease ditto. 
Stephen Smith ditto. 
Lewis F. Delesdenier ditto. 
Christopher Hussey Collector of Excise. 
Stephen Longfellow Commissioner. 
William Pyncheon ditto. 
Zebina Montague ditto. 

And it is further Resolved that the plantation of 
Francisborough now called the Town of Cornish be dis- 
charged of the sum assessed on said Plantation in Tax 
N. 6 — and the Treasurer is dir[e]cted to give credit 
accordingly. June 17, 1796. 

Chapter 39. 

RESOLVE ON THE PETITION OF LEVI MARSTON, AUTHORIZING 
SARAH FOX, ADMINISTRATRIX, TO EXECUTE A DEED OF THE 
LAND MENTIONED. 

On the Petition of Levi Marston of North Yarmouth, 
in the County of Cumberland Yeoman, and Jacob Cush- 



240 Kesolves, 1796. — Mat Session. 

man of New Gloucester in Said County Gentleman 
Praying that Sarah Fox Administratrix on the Estate of 
John Fox late of Portland in Said County Merchant 
Deceased, Should make & Execute a deed of one Moiety 
of a certain tract of Land in Said North Yarmouth which 
Land the Said John Fox when alive Sold to the Said Levi 
Marston but did not give a deed. 

Resolved for reasons set forth in Said Petition that the 
Prayer thereof be so far granted, that the Said Sarah Fox 
Administratrix be, and She is hereby authorized & em- 
powered to make and execute to the Said Levi Marston a 
good and Lawful deed of the one Moiety of a tract of 
Land in North Yarmouth Called the Two Hundred & 
Eighty Acre Squadron in the Gore in Said North Yar- 
mouth No. twelve in Common and undivided, on his 
paying to the Said Administratrix Such Sum as now 
remains due of the price Originally Stipulated to be paid 
to the Said Fox, for Said Lot, agreeable to the terms of 
the Original Contract. June 17 ^ 1796. 

Chapter 40. 

RESOLVE DIRECTING THE SECRETARY TO CERTIFY THE 
BALANCE DUE TO IRIJAH GREEN. 

On the petition of Irijah Green. 

Resolved that John Avery Esqr. Secretary of this 
Commonwealth Certify to the Governor and Council the 
pay or arrears of Pay due to Irijah Green Late a Soldier 
in Colo. Mxons Regiment in the Continental Army — 
and the Treasr. on receiving a warrant therefor, is directed 
to Issue his note or notes to the said Irijah Green in the 
same way and manner as has been Practised in paying 
other Soldiers for Simelar Services. June 17, 1796. 
• 

Chapter 41. 

RESOLVE ESTABLISHING THE PAY OF THE COMMITTEE ON AC- 
COUNTS. 

Resolved that there be allowed and paid out of the pub- 
lick Treasury of this common wealth to the committee 
appointed to Examine and pass on accounts for their 
attendance on that Service during the present Session the 
sums annexed to their names in addition to their pay as 
members of the Legislature (viz.) To the Honbl. Isaac 



Resolves, 1796. — May Session. 241 

Thompson Esqr. for fifteen Days attendance Seven Dol- 
lars & fifty Cents. To the Hon. Josiah Stearnes Esqr. 
for fifteen Days attendance Seven Dollars & fifty Cents. 
To Thomas Hail Jun. Esqr. for fifteen days attendance 
Seven Dollars & fifty Cents to Seth Smith Junr. Esqr. for 
Eleven days attendance five Dollars & fifty Cents and to 
John Chaml)erlin Esqr. for fourteen days attendance Seven 
Dollars which sums shall be in full for their Services afore- 
said. June 17, 1796. 

Chapter 43. 

RESOLVE ESTABLISHING THE PAY OF MR. ISAAC PEIRCE. 

On the Petition of Isaac Peirce, Messenger to the Gov- 
ernour & Council. 

Resolved, That the said Peirce's pay as Messenger shall 
be at the rate of One Dollar & Seventy five cents, per day, 
durino- the time he shall be in actual Service, commencing 
on the first day of July next — This Establishment to con- 
tinue, untill the first Session of the next General Court — 
& that the same be paid out of the public Treasury of this 
Commonwealth. June 17, 1796. 

Chapter 43. 

RESOLVE GRANTING A TAX FOR THE COUNTY OF MIDDLESEX. 

Whereas, the Clerk of the Court of General Sessions 
of the peace, of the County of Middlesex, has laid before 
the General Court, an estimate made by the said Court of 
General Sessions of the peace, of a further sum of fifteen 
hundred Dollars, l)eing necessary, to discharge the expences 
of building a Court house in the Town of Concord : 

Resolved that the sum of fifteen hundred Dollars be and 
hereby is granted as a tax for said County of Middlesex, 
to be apportioned, assessed, collected and applied for the 
purpose aforesaid, agreeably to law. June 17, 1796. 

Chapter 44. 

RESOLVE ON THE PETITION OF JOHN COOPER, ESQ. DIRECTING 
THE TREASURER TO STAY EXECUTION AGAINST THE TOWN 
OF MACHIAS. 

On the petition of John Cooper Esqr., Sherifi" of the 
County of Washington. 

Resolved that the treasurer of the Commonwealth, be 
and hereby is directed to stay execution against the 



242 Resolves, 1796. — May Session. 

Collectors of Tax Number ten due from the inhabitants of 
the town of Machias untill the end of the next session of 
the general Court. June 17, 1 796. 

Chapter 45. 

RESOLVE ON THE PETITION OF RICHARD PERKINS, ESQ. GUAR- 
DIAN TO CERTAIN MINORS. 

On the Petition of Richard Perkins Esqr. Guardian to 
two of his Children viz. Foster Perkins & George Wash- 
ington Perkins minors and Heirs to the Estate of John 
Hancock Esqr. late Governor of this Commonwealth de- 
ceased, praying that he may be empowered to sell certain 
Lands of said Minors to which they are Heirs as aforesaid 
& lying in common & undivided with the Rights or shares 
of other Heirs. 

Therefore resolved for reasons set forth in said Petition 
that the said Richard Perkins as Guardian to Foster Per- 
kins and George Washington Perkins be and hereby is 
authorized and empowered to sell either at private Sale or 
Pulilic vendue their respective rights or shares in any of 
the Lands or Buildings lately the Estate of John Hancock 
Esqr. late Governor of this Commonwealth, deceased, & 
lying in common & undivided with the rights or Shares 
of other Heirs and to make and execute a good & lawful 
Deed or Deeds of the same. Provided all the other Heirs 
to said Estate agree to the sale thereof and join in the 
Execution of such Deed or Deeds as shall be signed by the 
said Richard l^erkins and provided also the said Richard 
Perkins shall previous to the Sale of any Lands by virtue 
of this Resolve give Bonds with sufficient Sureties to the 
Judge of Probate for the County of Plymouth, condi- 
tioned that he will put the proceeds of the Lands sold 
agreable to this resolve at Interest on good Security and 
that he will account to the said Minors for the same when 
they respectively shall arive to the Age of Twenty one 
Years. June 17, 1796. 

Chapter 46. 

, RESOLVE ON THE PETITION OF THE INDIANS AND PROPRIETORS 

OF MARTHA'S VINEYARD, GRANTING A SPOT AT GAY HEAD, 
FOR ERECTING A LIGHT HOUSE, WHENEVER CONGRESS SHALL 
PASS AN ACT FOR THAT PURPOSE. 

Whereas the Indians and Proprietors of Gay Head on 
the Island of Marthas Vineyard, having manifested to this 



Resolves, 1796. — May Session. 243 

Court their good disposition for promoting the General 
good, by making a grant of Lands on said Gay Head for 
the purpose of Erecting a Light House thereat, — And 
Whereas it appears to this Court that the Establishing a 
Light House, at said Gay Head will be of great public 
Utility not only to the Navigation of this State but the 
United States in General : 

Therefore^ Resolved, that this Legislature approve the 
design of & accept the proposals made, by the Indians and 
Proprietors of that part of the Island of Marthas Vineyard 
called Gay Head for granting a tract of Land at said Gay 
Head, to be disposed of as the Legislature of said Com- 
monwealth shall hereafter direct for the purpose of Erect- 
ing a Lio;ht House — 

Resolved, that it is expedient to Grant the district or 
spot of Land aforesaid to the United States for the pur- 
pose aforesaid Whenever the most eligible situation there- 
for shall be Ascertained by an Act of Congress of the 
United States. June 17, 1796. 

Chapter 47. 

RESOLVE GRANTING A TAX TO DUKE'S COUNTY AND ALLOWING 
THE COUNTY TREASURER'S ACCOUNTS. 

Whereas the Treasurer of the County of Dukes County, 
has laid his accounts before the General Court in manner 
prescribed by law, which are hereby allowed : and the 
Clerk of the Court of General Sessions of the peace of 
said County, has laid before the General Court, an esti- 
mate made by the Court of General Sessions of the peace 
of said County, of the necessary charges likely to arise 
within the same, the present year, amounting to four hun- 
dred & sixty five Dollars : 

Resolved, that the sum of four hundred & sixty five 
Dollars, be, and hereby is granted, as a tax for the said 
County of Dukes County, to be apportioned, assessed, 
collected and applied for the purposes aforesaid, agree- 
ably to law. June 17, 1796. 

Chapter 48. 

RESOLVE MAKING ALLOWANCE TO THE ASSISTANT CLERK OF 
THE SENATE. 

Resolved, that there be allowed and paid out of the 
Treasury of this Commonwealth, to Edward P. Hayman, 



244 Resolves, 1796. — May Session. 

assistant Clerk to the Senate, the sum of fifty two dollars, 
in full for his services the present Session of the General 
Court. June 17, 1796. 

Chapter 49. 

RESOLVE ON A STATEMENT MADE BY MR. TREASURER DAVIS, 
RELATIVE TO ROBERT MORRIS, ESQR.'S BOND, AND THE COL- 
LATERAL SECURITY THEREFOR, 

Resolved, that the Treasurer of the Commonwealth be 
and he hereby is authorised and impowered to make sale, 
at public auction or otherwise of so much of the deferred 
debt of the United States, standing in the name of the 
Commonwealth on the books of the United States Com- 
missioner of loans in this State, as will be sufficient to dis- 
charge a bond in his possession, signed by Robert Morris, 
and dated December 29th, 1792, conditioned for the payment 
of fifty thousand dollars, with interest to said Treasurer, 
on or before the 11th day of May last. The said deferred 
debt having been transferred to the Commonwealth by 
said Robert Morris, conformable to a resolution passed 
the 6th day of February, 1793, as collateral security for 
the payment of said bond. 

And it is further Resolved, that the Treasurer aforesaid 
is hereby empowered to transfer to the purchaser or pur- 
chasers the stock that may be by him sold, pursuant to 
this resolution. June 17, 1796. 

Chapter 50. 

RESOLVE ON THE PETITION OF GEORGE BENNETT. GRANTING 
HIM TWELVE DOLLARS. 

On the petetion of George Bennett praying for pay for 
Arrears of Cloathing due him as a Soldier on Castle Island 
from 1st Augst. 1788 to March 20th 1789. 

Resolved that there be Allow'd and paid out of the 
Treasury of this Common Wealth to the Sd. George Ben- 
net the Sum of Twelve dollars in full of Sd. Bennets 
Arrears of Cloathing for the Service Aforsd. 

June 17, 1796. 



Resolves, 1796. — May Session. 245 



Chapter 51. 

RESOLVE GRANTING JACOB KUHN, MESSENGER, ONE HUNDRED 
AND FIFTY DOLLARS, TO PURCHASE FUEL, &c. FOR THE 
GENERAL COURT. 

Resolved, that there l)e allowed and paid out of the 
Treasury of this Commonwealth, to Jacob Kuhn, Mes- 
senger of the General Court, the sum of one hundred 
and fifty dollars, to enable him to purchase fuel, &c. for 
the use of said Court; he to be accountable for the 
expenditure of the same. June 17, 1796. 

Chapter 52, 

RESOLVE ESTABLISHING THE PAY OF THE LIEUTENANT GOV- 
ERNOR, SECRETARY AND TREASURER. 

Resolved, That for one year from the last day of May 
last, the sum of Five hundred thirty three dollars, thirty 
three cents shall be the pay of the Lieut. Governour, and 
a proportional sum for a less time, in full for his service 
as Lieut. Governour, to be paid out of the Treasury of 
this Commonwealth in quaterly payments as the same 
shall become due. 

Resolved, That there be allowed & paid out of the 
Treasury of this Commonwealth to John Avery Esqr. 
Secretary of this Commonwealth Eight hundred two 
Dollars & thirteen Cents which with Five hundred & 
thirty one dollars & twenty cents, which he received in 
fees before the thirty first day of May last, shall be in 
full for his services as Secretary aforesaid for one year 
from the first day of June 1796, (& is at the rate of 
Thirteen hundred thirty three dollars, thirty three cents 
pr. year) to be paid in quaterly payments ; That from 
the first day of June current, there be allowed & paid out 
of the public Treasury the sum of One thousand five 
hundred Dollars to Thomas Davis Esqr. Treasurer of the 
Conmionwealth for his pay as Treasurer the present year, 
to be paid in quaterly payments as the same shall become 
due. June 17, 1796. 

Chapter 53. 

ROLL NO. 34. 

The Committee on accounts haveing examined the 
accounts they now Present — Report, that there is due to 



246 Resolves, 1796. — May Session. 

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, which is Submitted. 

Isaac Thomson, Per order. 

Expenees of maintaining the Poor of the Commomvealth, viz. 

To the Town of Boston for supporting sundry Paupei's 
Including Clothing fronie the 30th of November past 
to the first of June 1796, 

To Constant Freeman in full for takeing care of the 
Alms House in Boston for one Year next preceding 
June 1, 1796, 

To Doer. Nahem Fay for Doctoring the States Poor in 
full up to June 1st 1796, . .... 

To the Town of Bristol for supporting Phillip Yates, & 
Policy his wife and one Child in full to June 1st 1796, 

To the District of Boxboro. for Supporting John Ken- 
nedy up to June 4th 1796. Including Doers, bill,. 

To the Town of Bolton for supporting John Diggins 
from & after the 2nd day of May 1791, to October 
14th, 1793, by order of the Two Houses, 

To the Town of Belcherton for supporting Peter a Negro 
& three Children up to the time of his death Including 
funeral Exigences, 

To the Town of Cohassett in full for supporting & 
nursing William Lamson including doctering & fu- 
neral Charges, 

To the Town of Concord for supporting Willm. Shaw 
to June 7th, 1796, 

To the Town of Cheshier for supporting an Idiot Boy & 
Mrs. Grahams Children to may 23rd, 1796. Including 
Doctors bills, 

To the Town of Carlise for supporting Robt. Bai'ber up 
to June 4th, 1796. Including Doer. Skinners bill, 

To the Town of Conway for supporting atsat, up to the 
24th of May 1796, 

To the Town of Colrain for supportir^g Abigail Laminier 
$40. John Longley Jr. $24.93 — Doctor Lyons bill $10, 

To the Town of Charlestown for supporting sundry 
paupe[7']s up to June 13th 1796, 

To the Town of Dorchester for supporting Mrs. Thoi'n- 
ton in full to the 30th of March 1796, .... 

To the Town of Dalton for supporting Nehemiah Smith 
& Wife and removeing them to Connecticut, 

To the Town of Greenfield for supporting James Moor 
& Eunice Convers Including Doctors bills up to the 
3rd of June 1796, 

To the Town of Glocester for supporting sundry pau- 
pers up to June 8th 1796, 

To the Town of Kingston for supporting Thos. Kittrege 
up to the 3 let of May 1796, 

To the Town of Leyden for supporting Jeddediah Fuller 
to the 2nd of May 1796, . . . 



D. 


C. 


2847 


19 


376 


14 


400 


00 


77 


06 


33 


51 


87 


26 


19 00 


77 


45 


22 


00 


71 


18 


26 


16 


66 60 


74 


93 


33 


00 


54 


77 


143 


51 


135 


28 


570 74 


25 


9 


10 


8 



Resolves, 179G. — May Session. 

To the Town of Lynn for Supporting Bristol an Old 
Negro man to Jany. 1st, 179G, 

To the Town of IMendon for Supporting Mary Davis, 
James Rowen, & ,John Hunt Including Doctors bills & 
funeral Charges of Mary Davis, 

To the Town of Midway for Supporting Elisha Ellis & 
funeral Expences $19.6, Doctors bill fo — 40, . 

To tlie Town of Medford for supporting Gershum Tufts 
from June 12th 1793 to Jany. 12th 1796 by order of 
Court, 

To the Town of Marshfield for supporting Phillis 
Mitchell to June 6th, 1796, 

To the Town of N. Salem for supporting Olive Bedient 
And Children to April 13th, 1796, .... 

To the Town of Pittsfield for supporting John Esther 
Wood wife & Child & removeing them to Connecticut 
Including Doer. Ketteridges bills, .... 

To the Town of Salem for supjiorting sundry paupers 
up to June 7th 1796, 

To the Town of Salisbury for supporting Lucy Wcavver 
& Child to Jany. 1796 

To the Town of Swansey for supporting Fermer Pearce, 
Penolepe Washhunk & Mary Robbins to May 26th, . 

To the Town of Uxbridge for supporting Bette Trifle 
to the 26th of May 1796, 

To Nathll. Wade Esq. Keeper of the house of Correc- 
tion in the County Essex, to June 1st, 1796, 

To the Town of W. Hampton for Doctor Hookers bill, . 

To the Town of York for supporting Willm. Kearswell 
& Wife & Elisabeth Perkins & Mary Crocker up to 
the 22d of May 1796, 184 90 





247 


D. C. 




80 




114 62 




22 46 




132 60 




6 67 




116 44 




58 33 




491 25 




66 82 




35 48 




30 




93 29 




4 54 





6578 15 



Expences of the Militia, 

To Jonah Brewster Adjt. to June 3r. 1796, ... 38 38 

To David Coffin as Brigade Majr. & Adjt. to December 

1794, by order of Court, 

To John Francis Adjt. to the 2d June 1796, . 

To Daniel Forbes Adjt. to the 13th of Novr. 1795, . 

To John Gleason Jr Adjt. to 1st of June 1796, 

To Cyrus Hosmer Adjt. to May 1796 in full, . 

To Willm. Jackson Brige. Majr. to June 3rd, 1796, 

To Jacob Mann Brige. Majr. for Two Years Service up 

to June 1796, 

To John Spooner Adjt. to June 1st, 1796, 

To Henry Sewell Brige. Majr. for Two Years Service 

up to June 1st, 1796 by order of both houses. 
To Caleb Silvester Adjt. to the 9th of June 1796, . 
To Wm. Sprague Adjt. to June 6th, 179G, 
To Wm. Towner Brige. Majr. Expence of a Court of 

Enquiry, 
To Ditto as Ditto in full for his servic[e]s 

to June 13th, 1796, . 
To Wm. H. Stone Adjt. to June 10th, 1796, . 



145 




3 


66 


31 


21 


21 


81 


9 


54 


10 


84 


128 


37 


16 


55 


96 


75 


28 


4 


26 


31 


17 


86 


60 75 


23 75 



248 Resolves, 1796. — May Session 



D. 

17 
18 


C 
16 


693 


98 



To Asa Williams Adjt. up to May 11th, 1796, 
To John Watson Adjt. up to June 10th, 1796, 



Printers Accounts. 

To Benjamin Titcomb Jr. in full of his acct. for Printing 

Acts & Resolves up to the 25th of June 1796, 
To Thomas Dickman in full of his acct. for printing up 

to June 25th 1796, 

To Edward Gray in full for his Services as Printer to 

June 25, 1796, 

To John Spooner in full for his Services as a Printer to 

June 25th, 1796, . . 

To Benjamin Edes in full of his services as Printer to 

June 25th 1796 

To Adams & Larkin in full for printing, (& paper) up 

to June 13th 1796, 



Sheriff"'s accounts. 

To John Cooper Sheriff acct in full up to Jime 1st, 1796, 
To Ichabod Goodwin accts. in full up to May 23rd, 1796, 
To Richard Hunnewell acct. in full up to May 28th, 1796, 
To Joseph Hosmer acct. in full up to June 4th, 1796, 



Miscellaneous Accounts. 

To Francis L. Goodwin for Issueing a Warrant by order 

of Government, 1 60 

To Thompson I. Skinner for Eight Days Service in 

Viewing a Road on Iloosack Mountains, ... 16 

To Israel Jones for Nine Days on the same Service, . 18 

To Nathan Parker for Postage on IMilitary Papers, . 1 

To Thomas Walcut Seven Days For Duplicate Pay rolls, 

& assisting in makeing the Tax act June 1796, . . 14 

To Thomas Davis Esqr. Ti-easurer for Sundry repairs of 

Publick buildings — accounts paid the Printers and a 

variety of other Charges — in full to June 13th, 1796, 
To Jonathan Hastings for Postage on Publick Letters in 

full to June 13th, 1796, 

To Benja. Larkin for Ruleing <& binding books for 

Clerks of Supreme Judicial Court up to the present 

time, ... 

To Nathan Fuller coroner for money paid Ephraim 

Parker for the funeral charges &c. of a woman which 

was drowned, 



16 


67 


33 


33 


16 


67 


16 


67 


16 


67 


951 


59 


1051 60 


37 


14 


63 


8 


24 




4 


56 


128 


78 



128 


76 


18 


21 


' 39 


50 


7 




243 


97 




— 



Resolves, 1796. — Mat Session^. 249 

Amount of Boll No. 34. ^ _, 

Fo[r] supporting the Poor of the Commonwealth, . 6578 15 

Expences of the Militia, 693 98 

Ditto of Sheriifs, 128 78 

Miscellaneous expences, 243 97 

Printers' Accounts, 1051 60 

Total amount, 8696 48 



Read & accepted and Thereupon 

Resolved that His Excellency the Governor, with the 
advice of Council, be requested to issue his Warrant for 
the payment of the Corporations and persons borne on 
this Roll, the sums set against their names respectively 
amounting in the whole to Eight thousand six hundred 
and ninety six Dollars & forty eight Cents. 

June 17, 1796. 



Chapter 54. 

RESOLVE ESTABLISHING THE PAY OF THE CLERKS IN THE 
SECRETARY'S OFFICE. 

Resolved that the Pay of William Harris first Clerk in 
the Secretary's Office l)e at the rate of Two Dollars & 
Fifty cents, per day, commencing the 25th May 1796 — 
& that the pay of eFohn Devotion & Henry Scott Clerks 
in said Office, be at the rate of one dollar & ninety two 
cents per day, commencing at the same period — and 
that the same be paid out of the Public Treasury of this 
Commonwealth — This establis[7i]ment to continue untill 
the first Session of the next General Court. 

June 18, 1796. 



Chapter 55. 

RESOLVE ON THE PETITION OF ERASTUS LYMAN, &c. 

On the Petition of Erastus Lyman & Abigail his Wife 
who is a Minor under the Age of twenty one Years, 
praying leave to sell & convey a certain tenement situated 
in School Street in the Town of Boston between the 
Dwelling houses of Doct. John Warren & Arnold Wells 
Junr. Esqr. & also the Land & Out houses on the 
opposite side of sd. Street appertaining to the same, the 
proper Inheritance of sd. Abigail, as heiress to Joshua 
Bracket late of sd. Boston deceased. 



250 Resolves, 1796. — May Session. 

Resolved for reasons set forth in their said Petition that 
the said Erastus & Abigail are hereby authorized to sell 
& convey the tenement aforesd. & the Appurtenances in 
such way & manner as they shall deem fit, & such Con- 
veyance shall be good & valid in Law to every intent & 
purpose as if the said Abigail had arrived to full age — 
Provided that the said Erastus shall give Bond to the 
Judge of Probate for the County of Suffolk in such sum 
or sums as the said Judge shall direct with an approved 
surety or sureties conditioned that in Case the said 
Abigail shall die within age and childless, her mother 
being alive, the proceeds thereof shall be paid to her said 
mother ; and conditioned also that in case the said Abigail 
shall survive the said Erastus, the proceeds of such sale 
to be paid & applied to the sole use of her the said 
Abigail, & become her property unless she the said Abigail 
when she arrives at full age shall in writing request the 
said Judge of Probate to Cancel said Obligation. 

June 18, 1796. 

Chapter 56. 

RESOLVE GRANTING TO ADAMS & LARKIN, TWO HUNDRED 
AND TWENTY-FIVE DOLLARS. 

Upon the petition of Adams and Larkin praying for an 
additional allowance to them for printing for the General 
Court from July 1794 to July 1795. 

Resolved for reasons set forth in said petition that an 
additional allowance of two hundred and twenty five 
dollars be made to the said Adams and Larkin in full for 
their services as Printers to the General Court from the 
month of July 1794 to the month of July 1795, and that 
the Treasurer be authorizd. to pay them said sum 
accordingly. June 18, 1796. 

Chapter 57. 

RESOLVE, DIRECTING COMMISSIONERS FOR SALE OF EASTERN 
LANDS, AND THE SECRETARY, TO FURNISH DOCUMENTS, &c., 
TO AGENT FOR MANAGING THE CLAIMS TO BOUNDARY, 
BETWEEN THE UNITED STATES AND PROVINCE OF NEW- 
BRUNSWICK, &c. 

On the representation of the Honble. James Sullivan, 
who is appointed by the President of the United States, 
agent to manage the claims of boundary wdiere their 



Resolves, 1796. — May Session. 251 

territory joins that of his Britannic Majesty in his Prov- 
ince of New Brunswick, formerly part of Nova Scotia, in 
the decision of which this State is directly and most 
materially interested. 

Resolved that The Committee for the sale of eastern 
lands and the Secretary of this Connnonwealth be and 
hereby are directed to furnish the said agent with ail 
such documents as are or may be in their possession 
relative to the said boundary, & as the said agent shall 
request, the same being first recorded ; and the said 
Committee are further directed to afford such aid and 
assistance to the said agent in the collection of evidence 
relating thereto, as they shall judge necessary. 

Jime 18, 1796. 



RESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS, 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE SEVENTH DAY OF NOVEM- 
BER, ANNO DOMINI, 1796. 



1796. — November Session. 
Chapter 1. 

RESOLVE REFERRING ALL MATTERS WHICH WERE REFERRED 
AT THE LAST SESSION OF THE GENERAL COURT. 

Resolved that all matters & things whatever which were 
referred by the Legislature, at the last session of the Gen- 
eral Court, to any particular day in this session, be further 
referred to the next session of the General Court, & to 
such day therein, as was appointed therefor in this ses- 
sion ; and that all executions that were ordered in the 
said last session to be staid untill this session, or to any 
particular day in this session, be further staid until the 
next session of the Genl. Court & unto such day in the 
said next session as was directed therefor in this session ; 
& that all persons who in the sd. last session were directed 
to shew cause against granting the prayer of any petition, 
at this session, or on any particular day in this session, have 
the same day in the said next session as was appointed 
therefor in this session, any thing in any resolution of the 
General Court passed at their last session to the contrary 
notwithstanding : Provided nevertheless^ that with regard 
to any matters which were refered at the last session to 
the present session of the General Court, on which the 
parties concerned may be now attending, opportunity 
shall be given for a consideration of those matters, and a 



254 Resolves, 1796. — November Session. 

decision on them, as far forth as the continuance of the 
present session will admit : And the Secretary is directed 
to publish this Eesolve in the public news papers as soon 
as may be. November 17^ 1796. 



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

May it please Your Excellency^ 

As the motive which induced our adjournment to this 
period, was to complete the choice of Electors of President 
and Vice President of the United States, the Legislature 
have determined to make this business the princijial object 
of their attention. 

The exercise of this most important privilege is rendered 
peculiarly interesting at this time by the resolution to 
decline a re-election, which the President has lately 
announced to his fellow citizens. — We realize in a high 
degree, both the anxiety & regret which this event occa- 
sions to the friends of Virtue and Patriotism. 

In reviewing the various and critical scenes, through 
which, as a people, we have been preserved, we are pene- 
trated with gratitude to the beneiicent Parent of the Uni- 
verse, that he has raised up, and so long preserved this 
great and good man ; under whose able conduct in war, 
and faithful administration in peace, we have trium})lied over 
our enemies, and preserved our national prosperity and 
independence. We are confident we express the feelings 
of our Constituents, when we say, that in every depart- 
ment of public duty, which the suffrages of a grateful 
people have called him to fill, he has exhibited undoubted 
proofs of eminent wisdom and unshaken patriotism. And 
we add our fervent prayers that he may reap the rich 
harvest of his labors and services not only in the retreats 
of private and domestic life, but in that world where virtue 
ever meets its just reward. 

A new successor to the chair of the United States, forms 
an important era in the history of our country. And so far 
as the choice of Electors of a citizen for that purpose, will 
devolve upon us, we shall act with that caution and cir- 
cumspection which the magnitude of the subject requires ; 
uniting in the hope, that he will form the system of his 
adminii^tration upon the model of his illustrious predeces- 
sor, and merit and enjoy the full confidence of the people. 



Resolves, 1796. — November Session. 255 

We fully adopt the sentiment of your Excellency that 
harmony in the several departments of Government is 
essential to the welfare of our constituents ; and so far 
as depends upon us, we shall be happy, upon every occa- 
sion, to join with you in promoting it. 

ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOV- 
ERNOR'S SPEECH AT THE OPENING OF THE SESSION, 

May it please your Excellency, 

The business of the House of Representatives, will be 
principally confined to the important object for which they 
were specially adjourned relative to the choice of Electors 
of President & Vice President of the United States. The 
discharge of the trust reposed in the Legislature upon this 
great occasion is rendered peculiarly interesting by the 
intended retirement of our Illustrious President, whose 
})reeminent merit & unrivalled services, have hitherto se- 
cured the unanimous suftVages of a grateful people. We 
should be deficient in that gratitude which is the surest 
incentive and best reward of patriotic services, to withhold 
a public tril)ute of veneration and respect for the character 
and conduct of this distinguished friend to his Country. 
Our warmest wishes for his health and happiness will attend 
him in the Vale of retirement which his fondness for the 
tranquillity of private life, have long since inclined him to 
seek, but which his ardent patriotism and perseverence in 
the public service have hitherto forbidden him to enjoy. 
And we sincerely unite in our prayers to heaven, that his 
remaining years may be rendered pleasant & happy by a 
consummation of all his earthly wishes and exertions in the 
continued peace and encreasing prosperity of our Country. 

We are suitably impressed with a persuasion of Your 
Excellency's readiness to give all convenient dispatch to 
the business of the Session, and to promote harmony be- 
tween the different branches of the Government, in which 
objects we desire sincerely and zealously to co-operate. 

Chapter 3. 

RESOLVE ON THE PETITION OF REV. JOHN CLARK, EMPOWERING 
HIM TO SELL THE REAL ESTATE MENTIONED. 

On the petition of the reverend John Clark Guardian 
to Harriet Brown a minor, praying leave to sell the said 
minors real Estate in the town of Boston. 



256 Resolves, 1796. — November Session. 

Resolved for reasons set forth in said petition that said 
John Clark be and he hereby is empowered to sell the 
real estate of said minor at private sale at the same rate 
that the Sisters of said minor who are of age, may sell 
their part thereof — and to make a good and sufficient 
deed to the purchaser ; The said Clark first giving bonds 
to the Judge of Probate of the County of Suffolk with 
sufficient sureties to apply and dispose of the proceeds 
thereof for the benefit of said minor, as by law is provided 
in ordinary cases. November 19, 1796. 

Chapter 3. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF LINCOLN, AND GRANTING A TAX. 

Whereas the Treasurer of the County of Lincoln, has 
laid his Accounts l)efore the General Court, in manner 
prescribed by law, which are here])y allowed — and the 
clerk of the Court of General Sessions of the Peace of 
said County, has laid before the General Court, an esti- 
mate made by the said Court of General Sessions of the 
peace, of the necessary charges, likely to arise within the 
same County the present year, amounting to twenty six 
hundred and eight Dollars : 

Resolved, that the sum of twenty six hundred and eight 
Dollars, be, and hereby is granted, as a tax for said 
County of Lincoln, to be apportioned, assessed, collected 
and applied for the purposes aforesaid, agreeably to law. 

November 21, 1796. 

Chapter 4. 

RESOLVE ON THE PETITION OF JACOB ABBOT, ALLOWING HIM 
ONE YEAR LONGER FOR OPENING A ROAD FROM THE HEAD 
OF NAVIGATION ON KENNEBECK RIVER. 

On the Petition of Jacob Abl)ot, praying that a further 
time may be allowed him for opening a road from the 
head of navigation on Kennebeck River to the line of New 
Hampshire, in a good direction for the upper Cohass on 
Connecticut river. 

Resolved, for reasons set forth in said petition, that a 
further time of one year from the passing this resolve, be 
and hereby is allowed to the said Jacob Abbot, for open- 
ing the road aforesaid, be to be allowed the same compen- 



Resolves, 1796. — IS'ovember Session^. 257 

sation therefor wliicli he would have been entitled to, had 
the same been compleated by the time prescribed in the 
former resolution for that purpose. November 21^1796. 

Chapter 5. 

RESOLVE ALLOWING ACCOUNTS OF THE TREASURER, COUNTY 
OF HAMPSHIRE, AND GRANTING A TAX OF D. 1300. 

Whereas the Treasurer of the County of Hampshire, 
has laid his Accounts before the General Court, in manner 
prescribed by law, which are herel)y allowed — and the 
Clerk of the Court of the General Sessions of the peace, of 
said County, has laid liefore the General Court, an esti- 
mate made by said Court of General Sessions of the peace, 
of the necessary charges, likely to arise within the same 
County the year ensuing — amountino; to thirteen hundred 
Dollars : 

Resolved that the sum of thirteen hundred Dollars be, 
and hereby is granted, as a tax for said County of Hamp- 
shire, to be apportioned, assessed, collected and applied, 
for the purposes aforesaid, agreeably to law, 

November 21, 1796. 

Chapter 6. 

RESOLVE ON THE PETITION OF ISAAC ABERCROMBIE, EMPOW- 
ERING HIM TO SELL FIVE ACRES OF LAND IN THE TOWN OF 
DEERFIELD. 

On the Petition of Isaac Al)ercrombie Guardian to 
William Hyslop Abercrombie a Minor under the age of 
twenty one Years praying leave to sell & convey five 
Acres of Land in the Town of Deerfield with a Dwelling 
House thereon the proper Estate of the said William 
Hyslop Abercrombie which he holds by Conveyance from 
William Hyslop Esqr. 

Resolved for Reasons in sd. Petition alledged — that the 
said Isaac Abercrombie is hereby impowered to sell & 
convey the Land aforesd. with the Appurtenances in such 
way & manner as he shall deem fit, & such Conveyance 
shall be good & valid in Law. 

Provided that the said Isaac Abercrombie shall gfive 
bond to the Judge of Probate for the County of Hampshire 
with Approved sureties conditioned that the proceeds of 
such sale shall be put out and secured on Interest & paid 
to the said William Hyslop Abercrombie when he arrives 
at full Age . November 21 , 1 796. 



258 Resolves, 1796. — November Session". 



Chapter 6a.* 

ORDER RESPECTING THE ESTABLISHMENT OF A LIGHT HOUSE 
ON GAY HEAD. 

Ordered that the Secretary of this Commonwealth trans- 
mit to the Senators & Representatives of this State, in the 
Congress of the United States, the resohitions of June 
17th, 1796, respecting the establishment of a Light House 
on the Island of Martha's Vineyard, at a place called Gay 
Head ; and that the said Senators and Representatives be 
and hereby arc requested to use their best endeavors for 
carrying said Resolutions into efl'ect. 

November 21, 1796. 

Chapter 7. 

RESOLVE ON THE PETITION OF MARY TRACY, AUTHORIZING HER 
TO SELL CERTAIN LANDS —WITH A PROVISO. 

On the pitition of Mary Tracy of Newbury in the 
County of Essex widow stating that her children are seized 
and possessed of certain lands l)eing a certain farm c<m- 
taining about three hundred acres whereon she now lives 
situated in said Newbury also of. about three thousand 
acres of unimproved lands situated in Parsonsfield in the 
County of York, and for reasons set forth in said petition 
praying that she may be empowered to sell the same. 

Resolved that the said Mary be and she hereby is au- 
thorised to make sale of, and by good deed or deeds duly 
acknowledged and recorded to convey the said farm and 
lands, or any part or parts thereof, to any person or per- 
sons, as she shall think for the best Interest of the said 
children, and to place the proceeds of such sale or sales 
at interest on good security, or in the public funds of this 
Commonwealth — provided that the said Mary shall pre- 
viously give bond to the Judge of Probate for the County 
of Essex for the time being, and his successors in the said 
office, in a sum and with sureties to the satisfaction of 
the said Judge with condition that she will account for the 
interest of all such monies or securities as she shall become 
possissed of in virtue of this resolve, at such times and in 
such manner, and on such conditions only as she is now 
by law obliged to account for the issues and profits of the 

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



Resolves, 179(). — November Session. 259 

lands, which she is hereby authorised to sell — and that 
her executors or administrators shall within three months 
after her decease deliver over to the said children or their 
guardians or other legal representatives all such principal 
sum or sums of money together with all such bonds mort- 
gages and securities of whatever kind which she may 
receive on the loan of the principal sum or sums of money 
arising from such sales — and which in consequence of 
any sale under this resolve shall be the property of her 
said children together with all Interest on the same accru- 
ing from the time of her death until such delivery — and 
provided further that no such sale shall be valid to pass 
such estate or any part thereof without the approbation 
in writing and on oath of three persons or the major part 
of them to be nominated and appointed by the said Judge 
of Probate, November 21, 1796. 



Chapter 8. 

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 two Dollars 
per Day for each days attendance the present session and 
a like sum for every Ten miles distance from their respec- 
tive places of abode to the place of the setting 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 each two Dollars per day for each days 
attendance over and above their pay as members. 

November 22, 1796. 



Chapter 8a.* 

ORDER ON THE PETITION OF JAMES SULLIVAN, ESQR. AND 

OTHERS. 

On the petition of James Sullivan Esqr. and others, 
Agents of the West Boston Bridge Corporation, praying 
that certain authority mentioned in the said petition, may 
be granted to the said Corporation. 

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



260 Resolves, 1796. — November Session. 

Ordered, that the petitioners notify all parties concerned, 
by causing the said petition, and this order thereon, to be 
published, three weeks successively, in the Mercury, (the 
last publication to be ten days at least previous to the 
second Wednesday of the next Session of the General 
Court) that they may appear on that day and shew cause, 
if any they have, why the prayer of the said petition should 
not be granted. November 22, 1796. 



Chapter 9. 

RESOLVE PROVIDING FOR THE FILLING VACANCIES OF ELEC- 
TORS OF PRESIDENT AND VICE PRESIDENT. 

Whereas Vacancies may happen in the Electors of the 
President & Vice President of the United States of 
America by reason of death or resignation therefore 

Resolved that said Electors appointed in this State be 
and they hereby are directed to meet at the State House 
in Boston on tuesday the sixth day of december next at 
ten oclock in the forenoon for the purpose of supplying 
such vacancies and the said Electors who may then and 
there be present are hereby impowered to fill up all such 
vacancies which may happen as aforesaid by Electing by 
Ballot so many suitable Persons for Electors of President 
and Vice President as may be necessary to supply such va- 
cancies and to declare the Person or Persons so appointed 
by said Electors present as aforesaid or the major part of 
them to be an Elector or Electors of the President and 
Vice President of the United States duly chosen for the 
purpose and certify the same to the Governor of the Com- 
monwealth in order that he may grant all necessary Cer- 
tificates. 

And it is further resolved that the Secretary of the 
Commonwealth be & hereby is directed forthwith to trans- 
mit to the several Electors aforesaid already appointed an 
attested copy of this Resolve and also that he lay before 
them any Resignation of an Elector which he may receive 
before the time appointed for electing the President & 
Vice President. November 23, 1796.* 

* Governor withdrew approvaL See message of Nov. 23, 1796. 



Resolves, 1796. — November Session. 261 



Chapter 9a.* 

RESOLVE FOR PRINTING THE ADDRESS OF THE PRESIDENT OF 
THE UNITED STATES AMONG THE ACTS AND RESOLVES. 

Resolved that the late important and interesting address 
of the President of the United States announcing his in- 
tention to decline being a candidate for the office of Presi- 
dent at the approaching election be printed with the acts 
and resolves of the present Sessions. 

November 23, 1796. 



Chapter lO. 

RESOLVE ON THE PETITION OF PHILLIP RENNET. 

On the petition of Philip Bennett, Guardian to Ebenezer 
Levy Bennit (who is non compos mentis) praying that he 
may be authorised to dispose of sundry pieces of real 
Estate the property of said Ebenezer, and vest the pro- 
ceeds in one tract of Land more suitable for the main- 
te[?i]ance & support of said Ebenr. 

Resolved for reasons set forth in said petition that the 
prayer thereof be granted, and that the said Philip Ben- 
nit be and he hereby is authorized and impowered to sell 
and convey, the several parcels of real Estate mentioned 
in his said petition, and that any deed or deeds executed 
by him for this purpose, shall be deemed good & valid in 
Law — he conforming to the rules prescribed for Executors 
or Administrators, in the sale of real Estate. Provided 
that said Phili}) Bennit, shall, (previous to the sale of said 
parcels of Estate) give bond with Sufficient surety or sure- 
ties to the Judge of Probate for the County of Plymouth 
in such sum as the said Judge shall direct. Conditioned 
that he will sell & dispose of the several parcels of Estate 
aforesaid, to the best advantage, and that he will vest the 
proceeds in one farm or tract of Land conveniently situ- 
ated for the maintenance & Support of the said Ebenezer. 
Provided cdso that the deed of the Land so purchased, 
shall be taken in the name of the said Ebenezer Levy 
Bennit and shall be sul)ject to the same disposition after 

* Printed without chapter number in pamphlet edition. 



262 Resolves, 1796. — November Session. 

the decease of said Ebenezer, as the several parcels of 
Estate mentioned in said petition would l)e subject to, 
should the same remain his property till his death. 

November 24, 1796. 

Chapter 11. 

RESOLVE ESTABLISHING PAY OF FIRST CLERK IN TREASURY 

OFFICE. 

On the petition of Joseph Laughton. 

Resolved, that the pay of Joseph Laughton first Clerk 
in the Treasury Office, be at the rate of two dollars & fifty 
cents ^ day, commencing the 25 day of May 1796 to be 
paid out of the })ublick Treasure ry of this Commonwealth. 
This establishment to Continue to the first Session of the 
next General court. November 24, 1796. 

Chapter 11a.* 

ORDER ON THE PETITION OF MICHAEL LITTLE AND OTHERS. 

On the petition of Michael Little and others, praying to 
be incorporated for the purpose of opening a Canal by 
Ten mile Falls. 

Ordered that the petitioners notify all persons con- 
cerned, by publishing an attested Copy of their petition 
and this order thereon, in the Mercury printed at Boston, 
and in the Portland Paper three weeks successively, the 
last publication to be at least thirty days previous to the 
third 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. November 24, 1796. 

Chapter 13. 

RESOLVE GRANTING 10,000 DOLLARS TO AGENTS FOR BUILDING A 
STATE HOUSE. 

Resolved that there be advanced & paid out of the 
treasury of this Commonwealth to Thomas Dawes & Edd. 
H. Robbins Esqrs. two of the agents appointed to l>uild 
the New State House the sum of ten thousand dollars 
they tQ be accountable for the same. 

November 24, 1796. 

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



Resolves, 1796. — November Session. 263 



Chapter 13. 

IIESOLVE FOR PAYING CLERKS OF THE TWO HOUSES. 

Resolved that there be allowed & paid, out of the Public 
Treasury of this Commonwealth, to Mr. Edward M'ljaiie 
Clerk of the Senate Fifty three Dollars & thirty three 
cents — & to Henry Warren Esq. Clerk of the House of 
Kepresentatives Fifty three Dollars & thirty three Cents, 
on account of their services as Clerks as aforesaid, they 
to be accountable for the same respectively. 

November 24, 1790. 

Chapter 14. 

RESOLVE AUTHORIZING THE COMMITTEE FOR THE SALE OF 
EASTERN LANDS TO DISPOSE OF SIX TOWNSHIPS. 

Resolved that the Committee for the Sale of Eastern 
lands, make sale of six townships of land lying West of 
the million of acres sold to William Bingham Esqr. and 
North of the land sold or contracted to be sold to others 
in lieu of the six townships adjoining to New Hampshire 
line ordered to be sold by a resolve passed the 15th day 
of June 1796. November 24, 1796* 

Chapter 15. 

RESOLVE ON THE PETITION OF ABIGAIL TISDALE. 

On the Petition of Abigail Tisdale of Freetown in the 
County of Bristol, representing, That Bradford Gilbert 
an Absentee, at the Commincement of the late war with 
Great-Britain was, in right of his wife, Mary Gilbert 
(sister to the Petitioner) entitled to the reversion of one 
eighth part of a certain Tract of Land in said Freetown 
containing about eighty three Acres, which was confiscated 
& is now the right of the Commonwealth, (and become 
an estate in possession by the death of the then Tenant in 
dower) — That she is indigent, infirm and unable to gain 
a living by her labour, and praying a grant of the estate 
Confiscated as aforesd. 

Resolved That all the Right Title and Interest of the 
Commonwealth to the right and estate confiscated as 
aforesaid, be and the same is hereby given & granted to 
the said Abigail Tisdale her heirs and assigns for ever to her 
and their use and behoof for ever. November 25, 1796. 

* Date of approval given as " June 24, 1796." 



264 Kesolves, 1796. — Kovembee Session. 



Chapter 16. 

RESOLVE ON THE PETITION OF NAOMI WILLARD EMPOWERING 
HIM TO SELL A REAL ESTATE OF A MINOR, HE GIVING BONDS. 

On the Petition of Naorai Willard of Stockbridge, 
Guardian of Jerusha Willard, a Minor, praying for leave 
to sell certain Real Estate of the said Minor. 

Resolved, that Oliver Partridge of Stockbridge afore- 
said be & he hereby is authorized to sell & convey by 
Deed at private sale or otherwise the Heal Estate men- 
tioned in said Petition, being a tract of land lying in said 
Stockbridge, containing about thirty five acres — & which 
was set out to the said Jerusha as her proportion of the 
real estate of her father, Benjamin Willard late of Stock- 
bridge aforesaid deceased — and the })roceeds of such 
sale to place on interest on good security, or to lay out 
in the purchese of other lands, situated within any of the 
United States to the use & benefit of the said Jerusha — 
he the said Oliver giving Bond with sufiieient surety or 
sureties to the Judge of Probate for the County of Berk- 
shire, for his faithfully performing the duties & powers 
herein to him the said Oliver assigned & given. 

November 23, 1796. 



Chapter 17. 

RESOLVE ALLOWING THE COMMITTEE ON ACCOUNTS, EXTRA 

PAY. 

Resolved that there be allowed and paid out of the 
publick Treasury of the commonwealth to the committee 
appointed to Examine & pass on accounts for their at- 
tendance on that Service during the Present Session the 
Sums annexed to their names in addition to their pay as 
members of the Legislature (viz) To the Hon. Isaac 
Thompson Esqr. for Eight Days attendance four Dollars 
To the Honble. Josiah Stearnes Esqr. for Eight Days 
attendance four Dollars to Thomas Hale Esqr. for Eight 
Days attendance four Dollars to Seth Smith Jun. Esqr. 
for Seven Days attendance three Dollars & fifty Cents and 
to John Chamberlin Esqur. for seven days attendance three 
Dollars & fifty Cints which sums shall be in full for their 
service aforesaid. November 25, 1796. 



Resolves, 1796. — November Session. 265 



Chapter 18. 

ROLL NO. 35. 

The Committee on Publick Accounts Haveing Examined 
the accts. we now present REPORT — That their is due to 
the Towns, and i)ersons, hereafter named the sums set to 
each of their Names respectively (which if aHowed and 
paid) will be in full discharge of said accounts to the 
dates therein mentioned Which is Submitted. 

ISAAC THOMSON pr. order. 



Expences of the Poor of the Commonwealth. 

To the Town of Attleboro' for Supporting John Jameson 
up to his death — Including funeral Charges & Doctors 
bills 

To the Town of Brookfield for supporting the Wife of 
Wm. Johnson and Thomas Finney & Wife from the 
1st of August to the 7th of Novr. 1796 — in full . 

To the Town of Colrain for supporting Willm. Wilson 
and Rachel Carr up to the first day of Novr. 1796. In- 
cluding Doctor Longs bill to the 8th of the same 
month 

To the Town of Dover for supporting & Clothing 
Patrick Cowin to Nov 22d 1796 

To the Townn of Dracut for supporting John Hancock 
up to Novr. 21st 1796 

To the Town of Cape Elisabeth for supporting James 
Ramsbottom & Bettee Carrell up to the 10th of Novr. 
1796, in fall includeing Doctors bills .... 

To the Town of Franklin for supporting Alexr. Reed 
in full up to May 23, 1796 exclusive of Doctors bills . 

To the Town of Gloucester for supporting sundry 
Paupers in full up to Novr. 10th 1796 — Including 
Clothing for Stephen Knutsford & John Blackfield — 
omitted in the last Settlement .... 

To the Town of Hardwick for supporting David Cham- 
berlain & .John Veal in full up to Novr. 1st 1796 

To the Town of Hancock for Supporting Rebeccah 
Osborn up to Novr. 3rd 1796 

To the Town of Lenox for supporting Christian Crow, 
up to November 10th 1796 also Martha St. John up 
to the said 10th of Novr. Including Doers, bills & 
Clothing 

To the Town of INIendon for supporting Jane Rowen 
including Doctors bills & funeral Charges — in full . 

To Jonathan Maynartl Esq. for boarding & Clothing 
for Elizabeth Ephraims up to Novr. 15th 1796 , 

To the Town of Middleborough for supporting Mary 
Occor a transcient person — including Doers, bills And 
Funeral expences 15 33 



D. 


a. 


20 




36 


51 


134 


63 


58 


27 


70 


61 


179 


58 


71 


20 


719 


92 


175 


22 


29 


8 


155 


4 


49 


11 


84 





266 Resolves, 1796. — IS'ovember Session. 

D. G. 

To the Town of N. Salem for supporting Olive Bedient 

& Children in full to Novr. 14, 1796 .... 62 

To the Town of Newfield for supporting Paul McDanrel 

up to May 31st 1796 59 28 

To the Town of Noi'thampton for sujiplies found the 
Widow Davis and Samuel Green — in full up to 
November 14th 1796 lOG 74 

To the Town of Palmer for supporting Wm. Mendon 

up to October 28th 1796, including Doer. Lamb's bill 65 68 

To the Town of Pittsfield for supporting Molley Welch 

up to Novr. 9th 1796 56 74 

To the Town of Richmond for supporting George Har- 

riss Tneludeing Doctors bills & funeral expences . 127 12 

To the Town of Salem for supporting sundry Paupers 

up to the 5th of November 1796 678 50 

To the Town of Shirely for supporting Robert Richard- 
.son & family in full up to the 16th of Nov. 1796, ex- 
clusive of Doctors bills 93 7() 

To the Town of Uxbridge for supporting Bettee Trifle 

up to the 14th of Novr 1796 41 75 

To the Town of Worcester for supporting Peter Wil- 
lard & James Roach up to Novr. 19, 1796 including 
Clothing 117 93 

To Nathl. Wade Esq. keeper of the house of Correction 

in the County of Essex up to Novr. 21.st 1796 . . 149 14 



Expences of the Militia. 

To Amos Ames Adjt. in full for his Services up to 

Novr. 1st 1795 

To John Francis Adjt. in full for his Services up to 

October 1st 1796 ." 

To Jacob Haskell Adjt. in full for his services up to 

Novr. 21st 1796 

To Wm. Jackson Brig. Major in full for his services up 

to the 1st of Octr. 1796 

To Wm. Jackson for the Expence of A Court Martial 

by General orders 

To Cyrus Kieth Adjt. in full for his Services as Adjt 

and as Brige Major Protem. up to Novr 24th 1796 
To William Mansfield Adjt. in full for his Service up to 

Novr. 19th 1796 . " 

To William Seaver Brige. Major in full up to Nov. 21st 

1796 

To Amos Stoddard Brige. Major in full up to Novr 

19th 1796 

To Samuel Miller Thayer Brig. Maj'r in full up to 

Feby. 7th 1796 . . . . ' . 
To Jonathan Wheeler Adjt. in full for his services up 

to June 1st 1796 

To Seth White Adjt. in full for his Services up to Novr. 

U — 1796 . ■ 





3357 14 




11 36 




3 50 




9 96 




28 84 




. 95 66 




39 82 




9 74 




74 63 




104 25 




22 90 




20 75 




11 




432 41 



Resolves, 1796. — November Session. 



267 



Sheriffs Accounts. 

To Edmund Dridge Sheriff in full up to Novr. 22d 179G 
To John Gardner Sheriff in full up to Novr. 9th 1796 . 



D. 


C. 


58 


24 


36 


15 


94 


39 



Miscellaneous Accts. 

To Thomas Dawes & Jonathan Mason Esqrs. for Set- 
teling with the Treasurer up to Novr. 1796 . 

To Thomas Walcut for duplicate Pay rolls Novr. 20th 
1796 

To Jonathan Hastings for postage on Letters up to Sept. 
30 1796 . 

To Daniel Cowing assistant to the Messenger of tfie Gen- 
eral Court up to the 24th Novr. 1796 . 



60 





8 




72 


94 


16 


50 


157 


44 



Printers Acctj. 

To Francis Stebbins for Publishing Acts & Resolves up 

to November 14th 1796 16 67 

To Adams & Larkin for printing in full up to Novr. 23, 

1796 Agreeable to Contract 306 75 



Sum Total of the different Accts. Viz. 



Poor . 
]\Iilitia 

Miscellaneous 
Sheriffs . 
Printers 



323 42 



Sum Total 



3357 14 

432 41 

157 44 

94 39 

323 42 

4364 80 



Read and accepted, and thereupon 

Resolved, that hi.s Excellency the Governor, with the 
advice of Council, be requested to issue his warrant for 
the payment of the Corporations and persons l)orne on 
this KoU, tlie sums set against their names respectively, 
amounting in the whole to the sum of four thousand, tiu-ec 
hundred and sixty four dollars, and eighty cents. 

November 25, 1 700. 



268 Resolves, 1796. — Noveimber Session. 



Chapter 19. 

RESOLVE ON THE PETITION OF JOHN LUCAS, OF CARVER DIRECT- 
ING THE TREASURER TO MAKE OUT AND DELIVER TO HIM 
TWO NOTES IN LIEU OF TWO LOST. 

On the Petition of Jolm Lucas praying that the Treas- 
urer of this Commonwealth may be directed to make out 
& deliver him two Notes in Lieu of two that he lost. 

Resolved that the prayer of said Petition be so far 
granted that, the Treasurer of this Commonwealth be and 
he hereb}'^ is directed to make out and deliver to the said 
John Lucas one Note bearing Interest at five per Centum 
and bearing Date the first day of July, A D one Thousand 
seven hundred &, Ninety-four, for the Sum of the two 
Notes which he lost including the Interest due on them to 
that date, the one bearing date September 1st 1782 for 
the Sum of four Pounds and the other Ma}'^ 1st 1783 for 
the Sum of four Pounds one shilling provided the said 
John Lucas shall give to the Treasurer a Bond, with suffi- 
cient Sureties, conditioned that he will indemoity the 
Commonwealth from a Note No. 8123, given to the said 
John,- dated September 1st 1782 for the Sum of four 
Pounds and another Note No. 16,774 given to the said 
John, dated May 1st 1783 for the Sum of four Pounds 
one shilling, which Notes appear to be lost. 

November 25, 1796. 

Chapter 30. 

RESOLVE ON THE PETITION OF ALEXANDER CAMPBELL, AND 
ISAAC PARKER, ESQRS. GIVING THE TOWNS AND PLANTA- 
TIONS IN THE COUNTIES OF HANCOCK AND WASHINGTON, A 
FURTHER TIME TO COLLECT CERTAIN TAXES. 

On the petition of Alexander Campbell & Isaac Parker 
Esquires in behalf of the Towns & plantations in the 
Counties of Hancock & AVashington, praying for longer 
time to pay into the Treasury Taxes No. 6, 7, 8, &. 9, 
which now remain due from said Towns & })lantations. 

Resolved for reasons set forth in said petition, that on 
payment of Taxes No. 6, 7, 8 & 9 into the Treasury of 
this Commonwealth by the Towns & plantations within 
the Counties of Hancock & Washington, on or before the 
first day of June next, the Treasurer be and he hereby is 
authorised and directed to discharge said Towns & plan- 



Resolves, 1796. — November Session. 269 

tations from Tax No. 5, agreeable to a resolve of the 
General Court which passed in Feby. 1794, respecting the 
same notwithstanding the time mentioned in said resolve 
has elapsed. November 25, 1796. 

Chapter 31. 

RESOLVE ON THE PETITION OF DANIEL FAUNCE, DIRECTING THE 
TREASURER TO GIVE HIM A NEW NOTE IN LIEU OF ONE LOST. 

On the petetion of Daniel Faunce praying that the 
Treasurer of this Commonwelth be directed to make out 
& Deliver to him a note in lieu of one he has lost. 

Resolved that the prayer of sd. petition be granted and 
that the Treasurer of this Commonwelth be and he is 
hereby Directed to make out and Deliver to the said 
Daniel Faunce a note payal)le to him for Ninety two Dol- 
lers and forty Seven Cents bearing Interest from the first 
Day of July one thousand seven hundred and ninety four 
— provided he the said Daniel Faunce shall give to the 
Treasurer aforesaid a bond with sufficient sureties Condi- 
tioned that he shall forever indemnify the Commonwelth 
from a note Number five hundred and four given to the 
sd. Daniel bearing date April 19th 1794 for the sum of 
ninety two Dollers and forty seven Cents which note ap- 
pears to be lost. November 25, 1796. 

Chapter 32. 

RESOLVE ON THE PETITION OF AARON HALL AND OTHERS, AS- 
SESSORS OF NORWICH, DISCHARGING THE TOWN OF £ 22 10. 

On the Petition of Aaron Hall, Lemuel Forbes & Sam- 
uel Knight Assessors of Norwich setting forth. That a Avar- 
rant from the Treasurer of the Commonwealth hath issued 
against the Town of Norwich aforesd. and is in the hands 
of Ebr. Matoon Esqr. Sheriff of the County of Hamp- 
shire for twenty two pounds ten shillings of a Tax granted 
AD 1781, and praying to be discharged Therefrom. 

Resolved That the said Sheriflf be and he is hereby 
directed Not to levy said Warrant but to return the same 
in No part satisfied, and that the said Town of Norwich be 
thereof discharged, and The said Treasurer is also hereby 
directed to discharge the said Town of Norwich of the said 
sum of twenty two pounds 10 d in his [his] books agreably 
to this resolve. November 25, 1796. 



270 Resolves, 1796. — November Session^. 



Chapter 33. 

RESOLVE REQUESTING THE GOVERNOR TO ISSUE DUPLICATE 
CERTIFICATES TO THE SEVERAL GENTLEMEN WHO ARE AP- 
POINTED ELECTORS, WHO LIVE AT A DISTANCE, AND DIRECT- 
ING THE SECRETARY TO SEND THEM BY EXPRESS. 

Resolved that his Excellency the Governour be and he 
is hereby requested to issue duplicate certificates to Eben- 
ezer Bacon Esq. Hon. William Sever Esq. David Rosseter 
Esq. Ebenezer Hunt Esq. Hon. Ebenezer Mattoon Esq. 
Joseph Allen Esq. and Hon. Thomas Rice Esq. of their 
being chosen electors of President and Vice President of 
the United States. 

And it is further Resolved that the Secretary be and he 
hereby is directed to adopt some certain and expeditious 
mode of conveying said duplicate certificates together with 
copies of the Resolve of the Genl. Court of the 22d of 
Novr. current respecting their duty, to the said electors. 
And that his Excellency the Governor be and he hereby 
is requested to draw a warrant on the Treasurer directing 
him to pay to the Secretary such sum as the Governour 
with the advice of Council may think necessary to defray 
the expence of said conveyance The Secretary to be ac- 
countable for the sum by him so received. 

November 26, 1796. 

Chapter 34. 

RESOLVE FOR PAYING ASSISTANT CLERK TO THE SENATE. 

Resolved, that there be allowed and paid out of the 
Treasury of this Commonwealth to Edward P. Hayman, 
assistant Clerk to the Senate, the sum of thirty nine dol- 
lars, in full for his services the present Session of the Gen- 
eral Court. November 26, 1796. 

Chapter 25. 

RESOLVE ABATING TO THE PLANTATION NO. 13, AND TO THE 
TOWN OF COLUMBIA, THEIR ASSESSMENT, AND DIRECTING 
THE TREASURER TO DISCHARGE THEM. 

Whereas by a resolve which passed the General Court 
the 26', March 1788 all the Lands which should be sold 
pursuant to said resolve by the Committee for the sale of 
Eastern Lands, were exeinpted from taxes for the space 



Resolves, 1796. — November Session. 271 

of Ten years — And whereas Townships No. 12, & 13, 
which have since been incorporated into a town by the 
name of Columbia, were since the year 1790 sold by the 
Committee for the sale of Eastern Lands, according to 
the resolve aforesaid, notwithstanding which ; said Town- 
ship No. 13 was assessed in Tax No. 12 for the sum of 
forty four Dollars, fifty Eight Cents, and said Town of 
Columbia in Tax No. 13, in the sum of forty four Dollars 
& fifty eight Cents : 

Therefore resolved that the aforesaid sums be abated 
to the said plantation number 13, and to the said Town 
of Columbia, and the Treasurer is hereby directed to dis- 
charge said plantation No. 13, & Town of Columbia from 
the Taxes aforesaid. November 26, 1706. 



RESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS, 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY, THE TWENTY-FIFTH DAY OF 
JANUABY, ANNO DOMINI, 1797. 



1796. — January Session. 

answer of the senate to speech of the governor at 
the opening of the session. 

May it please Your Excellency, 

The Senate having so recently taken occasion to express 
their sense of the distinguished services and merits of the 
President of the United States, and the feelings excited 
by his intention to retire from the burthens of public life, 
have only now to say that they perfectly accord with your 
Excellency in the sentiments, on that subject, contained 
in your communication to the Legislature. 

The general voice of the United States has declared, 
that every scene of his illustrious life has been marked 
with the purest attachment to his Country, & the most 
enlightened zeal to insure her permanent felicity. 

May America ever possess citizens whose ability and 
patriotism will add lusture to so bright an example ; and 
may the influence of his character cause our Country to 
feel, that, though removed from the active scenes of Gov- 
ernment, he has not ceased to promote her prosperity. 

The Senate, sir, are sensible of the high importance of 
preserving uncontaminated that most essential privilege 
of freemen, the right of election. Should the laws already 
made to insure that object, be found defective, they doubt 
not additional securities will be provided. 



274 Resolves, 1796. — January Session. 

The attention shewn by the people of the United States, 
in a late important election to those distinguished citizens 
"who early stepped forth, and have continued firm in the 
cause of freedom, shews their attachment to the principles 
which formed the basis of their Government, and evinces 
the gratitude of true Republicans to those who have l)een 
instrumental in their happiness. 

We have ever been deeply impressed with the impor- 
tance of supporting those institutions which tend to 
promote the progress of Keligion, morality and useful 
knowledge, and shall ever be ready to give all proper en- 
couragement to estalilishments so essential to the freedom 
and happiness of a people. 

The militia of this Commonwealth is a subject which 
has heretofore occupied much of the attention of the 
Senate & we shall be ready, at all times to give it that 
consideration which its importance requires. When we 
call to mind the important services rendered to the cause 
of liberty, in the early stages of our Revolution by an un- 
disciplined militia, we cannot but hope that the system 
will be so improved that our Commonwealth will never 
have occasion to resort, for her defence, to the hazardous 
expedient of a standing army in times of peace. 

Your Excellency having announced your determination 
to retire from the public service, the Senate ask leave to 
express the sense they entertain of the many and impor- 
tant services rendered hy you to our conmion Country. 

In times of difficulty and danger, you, sir, were emi- 
nently engaged in the cause of freedom ; and years of 
unremitted Exertion in various civil departments, since 
the establishment of our Independence, prove the interest 
you have felt in the preservation of so invaluable a bless- 
ing. 

To have lived to see the Independence of your Country 
firmly established ; her prosperity increasing, and the prin- 
ciple of Liberty and good Government daily gaining 
strength must be a source of happiness in retirement equal 
to the fondest wishes of your heart. 

It is the sincere wish of the Senate that you may enjoy 
such a measure of health, as will long permit you to wit- 
ness and partake of the blessings of that Independence 
which you have so largely contributed to Ensure ; and that 
the evening of your life may be as tranquil and happy, as 
it's morning and meridian have been active and honorable. 



Eesolves, 1796. — January Session. 275 



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

May it please Your Excellency^ 

The House of Representatives having already expressed 
their sentiments on the retirement of the President of the 
United States, observe with satisfaction, the high sense 
entertained by your Excellency of his important public 
services. Having early embarked with him in the cause 
of Liberty, and being well acquainteci with his character 
and services, your testimony affords an additional proof of 
the integrity and constancy of his principles and conduct. 

In pursuance of the provisions of the Constitution, the 
people have lately exercised their sovereignty in the 
choice of another President ; and we may safely congratu- 
late them on the abundant reason they have to expect that 
this administration will be strictly conformable to the 
Constitution, and that the concerns of the nation, will be 
conducted with wisdom and integrity. 

A greater evil we presume cannot exist in our countr}', 
than the admission of Foreigners of any description, to 
an influence in our Councils or Elections. Corruption in 
Government is the necessary fruit of corrupt Elections. 
Under this impression our Election Laws have been re- 
vised, and we shall still pursue such further amendments 
as may tend to secure to our Fellow Citizens this inesti- 
mable privilege in perfect purity, and free from the inter- 
ference of all unqualified voters, whether Foreign or 
Domestic. 

The influence of Morality, Religion and Piety, on the 
minds of men, in their public as well as private transac- 
tions, has been acknowdedged by our Ancestors, and 
recognized by successive Legislatures. A general diffu- 
sion of knowledge forms the greatest security of our Elec- 
tive Governments. It therefore becomes our duty at all 
times to extend our patronage to the University, and other 
Seminaries of Learning. 

A well regulated Militia constitutes the most safe and 
natural defence of a Republic ; and we shall cheerfully at- 
tend to such improvements as are Constitutionally devolved 
on us, and are calculated to render this respectable body 
more useful to their Country. 

Your Excellency having announced your determination 
to decline the future suffrages of your Fellow-Citizens, 



276 Eesolves, 1796. — January Session. 

we naturally recollect your early labours in the cause of 
Freedom, the Firmness and Integrity with which you 
have discharged the duties of the most important public 
Stations, and the courage with which you asserted the 
rights of your Country through the trying vicissitudes 
of a Revolutionary War : These great services claim this 
public acknowledgment of our gratitude and respect. 

Having been repeatedly called by your Fellow-Citizens 
to the first office in their gift, it must afibrd you very 
pleasurable feelings in your own mind after having been 
so distinguished by your Country, in withdrawing from 
the Councils of the Commonwealth, and retiring to peace- 
ful repose, to be conscious of the good will of the People 
towards you, and that you have served them with purity 
of intention and upright zeal. 

May the evening of your Days be serene and pleasant, 
and for many years may you enjoy the peace and pros- 
perity of your Country. 

Chapter 1. 

RESOLVE ON THE PETITION OF LYDIA DOWNS, AUTHORIZING 
HER TO EXECUTE A DEED OF THE LAND MENTIONED. 

On the Petition of Lydia Downs : Setting forth That 
her late husband Shubael Downs of Boston deceased in 
his life time promised to Convey to Thomas Miller one 
hundred acres of land but deceased without having an 
oppertunity to perform the Said promise : & praying That 
She may be authorized to make Said conveyance. 

Resolved that Lydia Downs : administratrix on the estate 
of Shubael Downs late of Boston merchant deceased, be 
and hereby is authorized to make and execute to Thomas 
Miller for the consideration agreed on by the said Shubael 
& the said Thomas, a good and lawful deed of the follow- 
ing described piece of land on which the said Millers 
dwelling house now Stands, containing one hundred acres : 
being the hundred acre lot number five, in the range of 
lotts lettered F, on a Certain plan taken by Joshua Small, 
being in the clerks office of the proprietors holding lands, 
between Great Ossipee and little Ossipee rivers in the 
county of York, commonly called the Ossipee proprietors, 
under .Samuel Small, the premises lying and being, be- 
tween Said rivers : and is part of the land claimed by 
said proprietors, under Samuel Small, who purchased of 



Kesolves, 179G. — January Session. 277 

Francis Small : who purchased of an Indian called Captain 
Sandy, she first giving bonds as the law directs for the 
Sale of Real estates, by executors and administrators. 

February 4, 1797. 

Chapter 1a.* 

ORDEIl ON THE PETITION OF NOAH HOOPER AND OTHERS. 

On the Petition of Noah Hooper and others, praying 
to be incorporated for the purpose of l>uilding a Lock, 
Canal, or Sluice-way on the west side of Saco river. 

Ordered that the Petitioners give pubh'c notice to all 
persons concerned to appear and shew cause (if any they 
have) on the second Wednesday of the first Session of the 
next General Court, why the })rayer of said petitioners 
should not be granted ; by publishing said petition and 
this order, three weeks successively in the Columbian 
Centinel and Oriental Trumpet; the last publication to be 
twenty days at least before the said second Wednesday. 

February 2, 1797. 

Chapter 1b.* 

ORDER ON THE PETITION OF EBENEZER CORTISS AND OTHERS. 

On the petition of Ebenezer Cortiss and others, in- 
habitants of the towns of North Yarmouth and Freeport 
in the County of Cumberland, praying to be incorporated 
into a separate, Religious Society. 

Ordered that the petitioners notify all persons con- 
cerned, by serving the town Clerks of the said Towns 
of North Yarmouth and Freeport respectively, with an 
attested copy of their petition and 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. February 5, 1797. 

Chapter 3. 

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

Whereas the Treasurer for the county of York has 
laid his Accounts before the Genl. Court in maner pre- 

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



278 Kesolves, 1796. — January Session. 

scribed by Law ; which Accounts are hereby allowed ; 
And the Clerk of the Court of Genl. Sessions of the 
peace for said County has laid before the Genl. Court an 
Estimate made by the Court of Genl. Sessions of the 
peace of the necessary Charges likely to arrise in said 
County the present year, Amounting to the Sum of 
Eighteen Hundred Dollars : 

Resolved, that the Sum of Eighteen Hundred Dollars, 
be, and hereby is granted as a Tax for said County of 
York, to be apportioned assessed colected and applied in 
maner agreable to Law. February 4, 1797. 



Chapter 3. 

RESOLVE ON THE PETITION OF NATHANIEL INGERSOLL, AU- 
THORIZING THE ATTORNEY GENERAL TO TAKE EFFECTUAL 
MEASURES TO PREVENT ANY STRIP AND WASTE OF TIMBER 
ON THE LAND MENTIONED. 

On the Petition of Nathaniel Ingersoll Setting forth 
that he is interested in the purchase of Lands in what is 
now called Poland under a purchase made by John 
Brigham & others, and that a number of Persons have 
been the Year past, and are actually at this time cutting 
& carrying oiF the timber from the said land and praying 
that some order may be taken to preserve the timber on 
the said tract of Land. 

Resolved for reasons set forth in the Said Petition that 
the Attorney General of this Commonwealth be and 
hereby is Authorized and Directed to take eifectual 
measures to prevent any unnecessary Strip & waste of 
the timber on the aforesaid Lands. February 4, 1797. 

Chapter 4. 

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

Whereas the Treasure [r] of the county of Lincoln has 
laid his accounts before the Genl. Court in maner pre- 
scribed by Law, which are hereby Allowed. And the Clerk 
of the Court of Genl. Sessions of the peace of the said 
County has laid before the General court an Esti[a]mate 
made ])y the Court of General Sessions of the peace of 
Said County of the necessary Charges likely to arrise 
within said county the present year. Amounting, to two 



Resolves, 1796. — January Session. 279 

Thousand Seven Hundred and Ninety Seven Dollars and 
twenty Six Cents : 

Resolved That the sum of two Thousand Seven Hundred 
and Ninety Seven Dollars and twenty Six Cents be and 
hereby is Granted as a Tax for said County of Lincoln, 
to be apportioned assessed Collected and Applied for the 
purposes aforesaid in maner agreable to Law. 

February 4, 1797. 

Chapter 5. 

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

Whereas the Treasurer of the county of Essex has laid 
his accounts before the Genl. Court in manner prescribed 
by law, which are hereby allowed, and the Clerk of the 
Court of Genl. Sessions of the peace of 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 within the same County the present 
year, amounting to the sum of five Thousand two Hundred 
and Ten Dollars : 

Resolved that the sum of Five Thousand two Hundred 
and Ten Dollars be and hereby is Granted as a Tax for 
said County of Essex, to be apportioned assessed collected 
and applied for the purposes aforesaid agreeably to Law. 

Fehrxiary 4,1797. 

Chapter 6. 

RESOLVE ON THE PETITION OF ELISHA SIGOURNEY, EMPOWER- 
ING HIM TO SELL THE ESTATE OF ISAAC SMITH, LATE OF 
MALDEN, DECEASED, FOR THE BENEFIT OF THE HEIRS.— 
HE GIVING BONDS. 

Upon the petition of Elislia Sigourney, praying leave 
to make sale of the Estate of Isaac Smith, late of Maiden 
deceased, for the benefit of his Heirs. 

Resolved that the said Elislia Sigourney be and hereby 
is authorized and empowered to make sale of all the real 
and personal estate of the said deceased at public or 
private sale, for the most the same will fetch, and to in- 
vest the proceeds of the same in the pul^lic funds or Stock 
of this Commonwealth or of the United States — and to 
apply the income and distribute the capital thereof in 
the same manner, as is ordered and directed by said 



280 Resolves, 1796. — January Session. 

Smith in his last will and testament with respect to the 
estate thereby devised — The said Sigourney first giving 
bonds with sufficient sureties to the judge of probate of 
the County of Middlesex, to observe the rules and direc- 
tions of law for the sale of real estate by Executors and 
administrators, and to dispose of the proceeds thereof 
agreeably to the rales of law. February 7, 1797. 

Chapter 7. 

RESOLVE ON THE PETITION OF JOSEPH AARON, A GRAFTON 
INDIAN, EMPOWERING THE TRUSTEES TO SELL THE LANDS 
OF THE SAID JOSEPH, WITH A PROVISO. 

On the petition of Joseph Aaron one of the Native 
Indians of the Town of Grafton, Praying for liberty to 
sell and convey certain lands and funds therein mentioned 
to Silas Fay under certain restrictions. 

Resolved for reasons set forth in said petition, that 
Benjamin Haywood Esq. and Mr. Isaac Harrington the 
present Trustees for the Native Indians of Grafton afore- 
said, be, and they hereby are empowered, to sell to said 
Silas Fay in fee simple forty seven Acres and three quar- 
ters of an Acre of land being all the lands the said Joseph 
is entitled to in the town of Grafton ; Also to transfer to 
him the sa[3^] \_id'] Fay three fourths of one seventh part of 
the fund belonging to said Grafton Indians — And to make 
and execute a good & sufficient Deed or Deeds to said 
Fay of said land and fund — Provided said Fay shall give 
good & sufficient Security on real estate to said Trustees 
and thier successors in said Trust and to thier Accept- 
ance — conditioned that said Fay his heirs, executors and 
Administrators or either of them shall comfortably provide 
said Joseph Aaron and Deborah his Wife during their 
Natural lives with house room clothing, washing, lodging 
& provisions, & also with all necessary attendance and 
supplies in case of sickness, and at thier respective Deaths 
shall give them a decent burial. February 7, 1797. 

Chapter 7a.* 

ORDER ON THE PETITION OF JOHN HERRICK AND OTHERS. 

On the petition of John Herrick and others, praying to 
be incorporated for the purpose of building a bridge over 
Androscoggin Kiver. 

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



Eesolves, 1796. — January Session. 281 

Ordered that the petitioners give public notice thereof 
by publishing an attested Copy of their petition with this 
order thereon in the Kennebeck Intelligencer printed at 
HalloNvell, and in one of the News-papers printed at Port- 
land, three weeks successively, the last publication to be 
thirty days at least before the second Wednesday of the 
first setting of the next General Court, that any person 
concerned, may then appear and shew cause, if any he 
has, why the prayer of said petition should not be 
granted. February S, 1797. 

Chapter 8. 

RESOLVE DIRECTING THE ATTORNEY GENERAL TO INQUIRE 
RELATIVE TO THE LATE MARGARET CRAWFORD'S ESTATE, 
AND TO TAKE SUCH MEASURES AS WILL BE FOR THE BEST 
INTEREST OF THIS COMMONWEALTH. 

On Information that Margaret Crawford late of Kutland 
in the County of Worcester died al)out the year 1777 in- 
testate & without heirs, leaving an estate of two hundred 
and eighteen pounds 14/8, which is in an exposed Con- 
dition and may be much injured if due care be not taken. 

jResolv'd That the Attorney General of the Common- 
wealth be, and he is hereby directed to make enquiry 
relative thereto, and take such measures respecting the 
same as may be most for the Interest of the Common- 
wealth, and make report of the circumstances of the said 
estate and his own proceedings at the first session of the 
next General Court. February 9, 1797. 



Chapter 9. 

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

Whereas the Treasurer of the County of Barnstable has 
laid his accounts before the Genl. Court, which are hereby 
Allowed. And the Clerk of the Court of General Ses- 
sions of the peace of said County has laid before the Genl. 
Court an Estimate made by the Court of General Sessions 
of the peace of said County of the necessary charges likely 
to arise within said County the presint year, amounting 
to Eight Hundred Dollars : 

Resolved, That the sum of Eight Hundred Dollars, l)e 
and hereby is granted as a Tax for the County of Barns- 



282 Kesolves, 1796. — January Session. 

table to be Apportioned Assessed Collected and Applied 
for the purposes aforesaid in maner agreable to Law. 

February 9, 1 797. 

Chapter lO. 

IIESOLVE DISCHARGING THE QUARTER MASTER GENERAL FROM 
CERTAIN SUMS OF MONEY, AND MAKING HIM A GRANT FOR 
THE PURPOSES MENTIONED. 

On the petition and representation of Amasa Davis 
Esqr. quarter Master General. 

Resolved that the said Amasa Davis be and he is herel)y 
discharged from the sum of ten thousand five hundred and 
forty five dollars received by him on four warrants drawn 
in his ftivour on the Treasurer of this Commonwealth 
in the year 1796, also of two thousand nine hundred 
seventy eight dollars ninety two Cents, received in the 
same year of Lewis Hayt and others and also of two hun- 
dred and two dollars and fifty nine Cents for which he has 
a warrant on the treasury making in all thirteen thousand 
seven hundred twenty six dollars fifty one Cents which he 
stand [s] charged with in the Treasury's office — And that 
there be allowed and paid out of the Treasury of this 
Commonwealth to the said Amasa Davis the sum of ten 
thousand seven hundred and five dollars he to be account- 
able therefor — and that the further sum of six hundred dol- 
lars be allowed and paid to the said Amasa Davis for his 
services as Quarter Master General from the 17th day of 
January 1796 to the 17th day of January 1797 inclusive. 

February 10, 1797. 

Chapter 10a.* 

ORDER ON THE PETITION OF ABNER CHASE AND OTHERS. 

On the petition of Abner Chase & others, Inhabitants 
of the plantation called Little Falls, praying to be sett off 
with their Estates from said plantation, and annexed to 
the Town of Limini'ton. 

Ordered That the petitioners notify the Inhabitants of 
the Town of Limington, & the Inhabitants of the i)lanta- 
tion of Little Falls, by leaving an attested Copy of their 
pe[<^]tion with this order thereon, Avith the Town Clerk 
of the said Town of Limington, & the Assessors of the 
plantation of Little falls, thirty Days at least before the 

* Not printed in previous editions. 



Resolves, 179(). — January Session. 283 

second Wednesday of the first session of the next general 
Court, that they may then appear & shew cause (if any 
they have) why the prayer of said petition shd. not be 
granted. February 10, 1797. 

Chapter 11. 

RESOLVE ON THE PETITION OF CALVIN GODDARD AND OTHERS, 
EMPOWERING THE SAID CALVIN TO DISPOSE OF A CERTAIN 
REAL ESTATE, WITH A PROVISO. 

On the Petition of Calvin Goddard and others, praying 
that he as Executor to the last will and testament of 
Daniel Goddard late of Shrewsbury in the County of 
Worcester deceased may be authorized to dispose of the 
real Estate of the deceased to one of his brothers at an 
appriased value. 

Resolved for the reasons set fourth in the said petition, 
that the said Calvin, be hereby impowered in his said 
Capacity to convey, and make and execute an eflectual 
deed, of that part of the said deceased's real estate which 
is situate in the said town of Shrewsbury, at private sale, 
on the appriasement of three indifferent discreet men of 
the County chosen by the executor, the widow, the guar- 
dian, of the said children, and the proposed purchaser, 
being the parties concerned ; and in case said parties can- 
not agree to appraisers, on an appraisement of three per- 
sons appointed by the Judge of Probate for the said 
County — Provided the said Calvin first gives a bond with 
sufficient sureties to the Judge aforesd., conditiond. to 
account for, and to make payment of the proceeds of said 
sale agreeable to the rights and interest which the respec- 
tive parties have in & to the premises, in the same 
manner as is provided by law, for Executors, Guardians 
or Administrators, conveying real estate in their respec- 
tive capacities under a licence of the Supreme Judicial 
court. February 10,1797. 

Chapter 11a.* 

ORDER ON THE PETITION OF THE INHABITANTS OF THE 11000 
ACRES IN THE COUNTY OF BERKSHIRE. 

On the petition of the Inhabitants of the 11,000 acres 
in the County of Berkshire, praying to be incori)oratcd 
into a Town. 

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



284 Kesolves, 1796. — January Session. 

Ordered, that the petitioners pul)lish an attested copy 
of their petition with this order thereon, three weeks suc- 
cessively in the Stockbridge Newspaper, the last publica- 
tion to be thirty days at least before the second Wednesday 
of the first Session of the next General Court — that all 
persons concerned may then appear and shew cause, if 
any they have, why the prayer of said petition should not 
be granted. February 10, 1797. 



Chapter 11b.* 

ORDER ON THE PETITION OF JOSIAH CHADBOURN AND OTHERS. 

On the petition of Josiah Chadbourn and others. In- 
habitants of the plantation of Little Falls, praying that 
the lower part of said plantation may be incorporated into 
a Town. 

Ordered that the petitioners notify the Inhabitants of 
said plantation of little falls, by leaving an attested Copy 
of their petition with this order thereon, with the Asses- 
sors of said plantation, thirty days at least before the 
second Wednesday of the first Session of the next Gen- 
eral Court, that they may then appear and shew cause (if 
any they have) why the prayer of said petition should not 
be granted. February 10, 1797. 



Chapter 13. 

RESOLVE ON THE PETITION OF MARGARET ATWOOD, AUTHOR- 
IZING HER TO SELL REAL ESTATE FOR THE BENEFIT OF CER- 
TAIN MINORS, SHE GIVING BOND. 

Upon the petition of Margaret Atwood, praying that she 
may l)e authorized & empowered to sell about half an Acre 
of land situate in Newbury port, in the County of Essex, 
and bounded Southwesterly on High Street — Northwest- 
erly on land belonging to the heirs of John Stone deceased, 
Northeasterly on Nathan Hoyts land, & Southwesterly 
on land of Benjamin Rogers Junr. as the fences now 
stand — of which her children Zechariah Atwood & 
Henry Atwood minors, are seized as tenants in Com- 
mon. 

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



Resolves, 1796. — January Session. 285 

Resolved, for the reasons set forth in the said petition, 
that the said Margaret be & she is hereby authorized & im- 
powered to make sale of, & to execute a good & sufficient 
deed of conveyance of the said land, to such person as 
will give most for the same, she first giving bond to the 
Judge of Probate for the said County & his Successors, in 
such penalty & with such sureties as he shall approve of, 
conditioned that she shall within one year after the said 
sale, vest the nett proceeds thereof, in other real estate in 
the names and for the use of the said Minors & their heirs, 
of equal value at the least in the judgment of three dis- 
interested men on oath, to be named by the said Judge of 
Probate or his Successor, for that purpose — and that the 
real Estate so purchased with the proceeds of the Estate 
to be sold as aforesaid, shall be subject to the right of 
Dower of said Margaret, and descend in the same manner, 
as the estate she has liberty to sell by this Resolve would 
have done — and that the said Judge of Probate be, and, 
he hereby is authorized, to order the Widows dower in the 
Estate to be purchased as aforesaid, set off to said Mar- 
garet, when requested, in the same manner, as if her late 
husband had died seized & possessed thereof. 

February 10, 1797. 

Chapter 13. 

RESOLVE ON THE PETITION OF BETTY BABBIT, AUTHORIZING 
HER TO SELL HALF OF THE MILL MENTIONED, FOR THE BENE- 
FIT OF CERTAIN MINORS, SHE TO GIVE BOND. 

On the petition of Betty Babbit of Norton in the County 
of Bristol — Guardiean to Levi, Isaac, Betty, Plyna, Wil- 
lard & Abigail Babbit, minors her children praying that 
she may be Authorized & Empow'd to dispose of one half 
of a Grist Mill the property of the said minors. 

Resolved for reasons sett forth in the said petition that 
the prayer thereof be granted & that the said Betty Babbit 
be & she hereby is authorized & Empow'd to sell the 
said one half of the mill mentioned in her said petition and 
to make & execute a good & valid deed of the same, to 
the purchaser — she first giving bonds to the Judge of 
Probate for the County of Bristol that she will dispose of 
the proceeds thereof, in the manner prescribed by law. 

February 11, 1797. 



286 Resolves, 1796. — January Session. 



Chapter 14. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR TFIE COUNTY OF CUMBERLAND, AND GRANTING A TAX. 

Whereas the Treasurer of the County of Cumberland 
has hiid his acco[u]nts before the General Court in manner 
prescribed by Law which accounts are hereby allowed, 
and whereas the Clerk of the court of Genl. Sessions of 
the peace for said County of Cumberland has laid before 
the General Court an Estimate made by said Court of 
General Sessions of the peace of the necessary Charges 
likely to arise within said County the present year 
amounting to the Sum of five Thousand three Hundred 
Dollars ; 

Resolved that the Sum of five Thousand three Hundred 
Dollars, be and hereby is granted as a Tax for said County 
of Cumberland to be apportioned assessed and Collected 
and applied in maner agreable to Law, and for the pur- 
poses before mentioned. February 11, 1797. 



Chapter 15. 

RESOLVE ON THE PETITION OF WILLIS HALL, AUTHORIZING HIM 
TO SELL A CERTAIN REAL ESTATE, BY THE RIGHT OF HIS 
LATE WIFE, FOR THE BENEFIT OF HIS CHILDREN, BEING 
MINORS. 

On the petition of Willis Hall of Medford in the Com- 
mon wealth of Massachusetts Merchant praying that He 
may be authorized to Sell & Dispose of all the Right Title 
& Interest which Sarah Hall Elizabeth Hall & Edward 
Hall, Minors, & Children of the said Willis, have in & to 
one half of a Distill House & Land with the appurte- 
nances & in & to one half of a peice of Land lying Southerly 
of sd. Distill House, all situate in Boston in said Common- 
wealth & which in the life time of Sarah, AYife of sd. 
Willis and their Mother, were set ofi' to her, by virtue of 
a Warrant from the Judge of Probate for the County of 
Sufiblk, as her share in her deceased Father George 
Holmes's estate. 

Resolved — That the prayer of the petition be granted 
& that the said Willis Hall be & he is hereby duly Author- 
ized & Empowered to Sell & Convey at private sale or 
pul)lic vendue, [as he shall think fitj, all the Right Title & 



Resolves, 1796. — January Session. 287 

Interest which his aforenamed Children have in the Prem- 
ises & to Make & Execute legal & sufficient Deed or Deeds 
to the Purchaser or Purchasers thereof, He giving Bond 
with sureties to the Judge of Probate for the County of 
Suffolk to account for the proceeds of the sale of their 
Eight & Title agreeably to Law. February 13, 1797. 



Chapter 15a.* 

ORDER ON PETITION OF MOSES KNAP AND CORNELIUS KOLLOCK. 

On the petition of Moses Knap and Cornelius Kollock, 
in behalf of themselves and associates, proprietors of the 
late plantation of China, now incorporated into the Town- 
ship of Orrington. 

Ordered that the petitioners notify the Town of Orring- 
ton, by serving the Clerk of said Town with an attested 
Copy of their petition and 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 the said 
petition should not be granted. And it is further Ordered 
that the Collectors of Taxes for said town l)e, and they 
hereby are directed to stay the collection of taxes that 
may be assessed on the said Petitioners, their Associates 
and the Settlers on and Proprietors of lands in said town, 
for the purpose of compleating the building of two Meet- 
ing-Houses, now begun in said town, and for the support 
of public w^orship in the same, untill the end of the said 
first Session. February 13, 1797. 

Chapter 16. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE PLAN- 
TATION OF RUSTFIELD, ABATING THEIR TAX, ASSESSED ON 
THEM IN JUNE LAST. 

On the Petition of the Inhabitants of the Plantation of 
RuStfield, praying for an abatement of Taxes, & an ex- 
emption from future Taxation. 

Resolved that for the reasons set forth in said Petition, 
the prayer thereof be so far granted, that the Tax assessed 
on them in June last be & hereby is abated. 

February 13, 1797. 



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



288 Eesolves, 1796. — January Session. 



Chapter 16a.* 

ORDER ON THE PETITION OF SETH SPRING AND OTHERS. 

On the Petition of Seth Spring, and others, praying for 
an Act of incorporation, to enable them to make a Sluice- 
way on the western side of Saco-river, near Saco falls. 

Ordered that the petitioners notify all whom it may 
concern by publishing an attested copy of said petition, 
together with this order thereon, three weeks successively 
in the Eastern Herald & Gazette of Maine, printed at 
Portland, the last publication to be at least three weeks 
previous to the second Wednesday of the first Session of 
the next Genl. Court, and also by posting up notifications 
in some public place or places in the towns of Biddeford 
& Pepperillboro', that they may then appear and shew 
cause, if any they have, why the prayer of said petition 
should not l)e granted. February 13, 1797. 

ADDRESS FROM THE LEGISLATURE OF MASSACHUSETTS TO 
GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES 
OF AMERICA. 

The Committee appointed to form an Address to the 
President of the United States, made the following Report 
which was accepted. 

To George Washington, President of the United States 
of America, 

Sir, 

As you have announced to the people of the United 
States your intention to retire from the cares and decline 
the honours of pul)lic life, the Legislature of Massachu- 
setts deem it a becoming duty to express their sentiments 
and those of their constituents, on this interesting event. 

It is not an opinion that our public testimony of your 
merits can be necessary to the lustre of your reputation, 
or the serenity of your repose, which prompts us to join 
the general voice of America in applauding your great & 
glorious services ; but we are excited to this measure by a 
wish to exhibit a powerful inducement to the love of our 
Country, and to transmit to future times a record of the 
gratitude of our Republic. As the able & heroic Gen- 
eral who led our armies to victory and our Country to 

* Not printed in previotis editions. 



Resolves, 179G. — January Session. 289 

independence, or as the enlightened & patriotic magistrate 
nnder whose administration the United States has enjoyed 
peace &, prosperity, your conduct has furnished a great & 
brilliant example of integrity, fortitude and wisdom. 

We trust that the pacitic System which you have pur- 
sued with regard to the foreign relations of the Country, 
will be as completely justified by its eventual success as it 
is by the maxims of equity & prudence — And we indulge 
the hope that this system will be continued & that its 
beneficial efl:ects will not be confined to America, but will 
tend to discredit among the nations of the world that false 
& bar])arous policy which sacrifices the public good at the 
shrine of resentment & ambition. 

When this effect shall take place, the cause of humanity 
will have derived a precious advantage from the example 
you have given, that moderation is the basis of true 
dignity, and that those laurels which are reared in the 
sunshine of peace are beyond comparison fairer than 
those which are fertilized by the tears and blood of a 
people. 

We receive your address to your fellow Citizens upon 
the occasion of your intended retirement from your Civil 
station, with the same sentiments of respect & emotions of 
gratitude which were inspired by that which terminated 
your military career ; sensible that it discloses an intelli- 
gent view of their political interests ; and discovers that 
aifectionate zeal for their future welfare which marks the 
character of their common friend. 

Whilst in behalf of our Country we lament the necessity 
that deprives her of your services in public life, we cannot 
deny that so many years of anxious toil for her interests, 
give you the best title to that repose which you have long 
so ardently wished to enjoy. You will retire covered 
with glory and followed with the blessings of your fellow 
citizens, whose honour & happiness it will be, that whilst 
you have deserved well of your Country, that Country 
has never ceased to cherish a grateful and admiring sense 
of your worth. 

Our fervent prayers for your health and enjoyment will 
go with you into the retreats of private life. May you live 
to be full of years, and satisfied with beholding the pros- 
perity of your Country : And when you shall be called 
from the present scene, may that Beneficent Beiog who 
has made you the happy instrument of so much good to 



290 Resolves, 1796. — January Session. 

mankind admit you to those rewards in a future state 
which this world cannot bestow. 

Ordered, That the President of the Senate, and the 
Speaker of the House of Representatives, transmit the 
foregoing address to the Senators representing this Com- 
monwealth in Congress, to be by them presented to the 
President of the United States. February 13, 1797. 

Chapter 17. 

RESOLVE ON THE PETITION OF MICHAEL HODGE, AUTHORIZING 
HIM AS GUARDIAN TO CERTAIN MINORS TO EXECUTE A DEED 
OF THE MANSION HOUSE AND LAND MENTIONED. 

On the Petition of Michael Hodge of Newburyport in 
the County of Essex, Guardian of Mary Thomas, Martha 
Thomas and Catharine Thomas all Minors, and Children 
of Thomas Thomas late of said Newburyport Merchant 
deceased. 

Resolved, for reasons set forth in said Petition, that 
the said Miclial Hodge be, and he hereby is. Authorised 
as Gaurdian for the said Minors, together with Elizabeth 
Thomas eldest Daughter of said Thomas Thomas ; to ex- 
ecute a good & sufficient deed of the late Mansion House 
of the said deceas'd with about nine Acres of land adjoin- 
in o- and all the Buildings on the same as described in a 
deed of Sale to the said Thomas from Jonathan Jackson 
Esquire — To Timothy Dexter his heirs and assigns for 
the sum of six thousand three hundred and sixty Dollars, 
He the said Guardian, first Giving Bond with sufficient 
Sureties to the Judge of Probate for said County or his 
Successor in said Office, as the Law directs in cases where 
Gaurdians are Authorised by the Supreme Judicial Court 
to Sell real Estate belonging to Minors. 

February 14, 1797. 

Chapter 18. 

RESOLVE ON A LETTER FROM THE ATTORNEY GENERAL, DIRECT- 
ING HIM TO TAKE EFFECTUAL MEASURES TO PREVENT UN- 
NECESSARY DESTRUCTION OF THE TIMBER ON THE TRACT OF 
LAND MENTIONED. 

Whereas there is a Tract of land situate in Poland in the 
County of Cumberland ; bounded as follows, viz. begin- 
ning .at the 20 Mile falls in Androscoggin river; and 
thence running southwest, to lands Assigned by the 
Supreme Judicial Court, to the Proprietors of Bakerstown 



Kesolves, 1796. — Jantjary Session. 291 

so called, about four Miles from the said falls; thence 
running on the Northeasterly side of said lands a North- 
erly course to lands which now remain to John Bridgham 
and others, of their Grant — thence by the land of said 
Bridgham and others, Northeasterly to the Town of 
Turner ; thence easterly by said Town of Turner to the 
river aforesaid ; thence southerly down said River to the 
falls aforesaid — which same land was disclaimed by 
the proprietors of said Bakerstown in the suit of the Gov- 
ernment against them, and which now remains the prop- 
erty of the Commonwealth — And whereas it has become 
Necessary to prevent depredations and destruction of the 
Timber on the same Tract : 

Resolved that the Attorney General be and he is hereby 
directed to take effectual Measures to prevent unnecessary 
destruction of the Timber on said Tract of land. 

February 14, 1797. 

Chapter 19. 

RESOLVE ON THE PETITION OF MARTHA YOUNG, EMPOWERING 
RACHEL BOLTON TO EXECUTE A DEED OF THE LAND MEN- 
TIONED. 

On the Petition of Martha Young p[r]aying that Rachel 
Bolton may be empowered to execute a Deed of a certain 
piece of land. 

Resolved, for reasons set forth in said Petition, that 
Rachel Bolton Executrix of the last Will of William Bolton 
of Windham in the County of Cumberland, be, and She 
hereby is. Authorised & empowered to make and Execute 
a deed, conveying to the heirs of the late Husband of said 
Martha Young, and to their heirs & Assigns thirty three 
Acres & one third of an Acre of land, being the North- 
easterly end of the hundred Acre lot Number twenty seven 
in the first division of hundred Acres lots in said Windham, 
with all the right, title and interest in said land which the 
said William Bolton in his life time had a Legal right to 
convey . February 14, 1797. 

Chapter 30. 

RESOLVE ON THE PETITION OF WILLIAM BAYLIES AND OTHERS, 
FEOFFEES IN TRUST, AUTHORISING THEM TO SELL THE WOOD 
ON THE LAND, FOR THE PURPOSES MENTIONED. 

On the Petition of William Baylies & others Feoffees 
in trust to & for the use of the Congregation usually 



292 Rbsolves, 1796. — January Session. 

assembling at the meeting liouse lately built by free & 
voluntary subscription near the four Corners so called, in 
the Southerly part of Dighton praying for leave to sell 
the wood growing on Lands conveyed to them in trust, to 
& for said use. 

Resolved that the prayer thereof be so far granted as 
that the said Petitioners or the major \_part] of them may 
be & they are hereby authorized & impowered to sell so 
much of the said Wood as they may deem proper & to 
apply six hundred dollars part of the proceeds thereof to 
repairing the said meeting house & the remaining part 
thereof as an accumulating fund for the purpose for which 
said lands were conveyed to them by the donors thereof. 

February 15,1797. 

Chapter 31. 

RESOLVE ON THE PETITION OF THOMAS FAULKNER, CONFIRM- 
ING HIM IN THE GRANT MENTIONED. 

On the Petition of Thomas Faulkner praying that he 
may be confirmed in a Grant of Land made him by 
Government in June 1785. 

Resolved for reasons set forth in said Petition that 
the aforesaid Thomas Faulkner be and hereby is entitled 
to the Land Granted to him by a Resolve of the General 
Court, passed the Twenty ninth day of June One 
Thousand seven hundred and Eighty Five, his not having 
performed and fulfilled the conditions therein mentioned 
Notwithstanding, Provided however, that he shall per- 
form and fully comply with all the conditions required in 
the aforesaid Resolve of the Twenty ninth of June within 
two 3^ears from and after passing this Resolve. 

February 15, 1797. 

Chapter 22. 

RESOLVE ON THE PETITION OF GIDEON WHEELER AND WOL- 
COTT HUBBEL, IN BEHALF OF THE TOWN OF LANESBOROUGH, 
AUTHORIZING THEM TO SELL THE MINISTERIAL LANDS. 

On the Petition of Gideon Wheeler & Wolcott Hubbel 
in behalf of the town of Lanesborough respecting the 
Ministry Lands in that town. 

Resolved that the prayer thereof be granted, and the 
Revd. Daniel Collins the present Congregational Minister 



Resolves, 1796. — January Session. 293 

of that town with the Selectmen of the said town for the 
time being or the Major part of them are hereby author- 
ized to sell & convey the ministry lands in the town of 
Lanesborough & to make a deed or deeds thereof to the 
purchaser or purchasers in fee simple and the monies 
arising from such sale shall be put on interest on good 
security, the income thereof to be appropriated & applied 
annually forever hereafter to the support of the public 
worship of God in said town under the direction of such 
person or persons as the Inhabitants of said town may 
from time to time appoint for that purpose in manner 
following, viz. sixty six Dollars & sixty seven Cents, 
annually to the said Mr. Collins in addition to his present 
salary during his continuance in the Ministry there out 
of the Income arising from such Sale as a compensation 
for his relinquishing his right to the use of said land and 
to his Successors forever, and two third parts of the 
remainder of the said Income to be paid over to the said 
Mr. Collins as a part of his Salary and to his Successors 
forever, and the other third part to be paid over to the 
present Minister of the protestant Episcopal Church in 
.said town as a part of his Salary annually & to his Suc- 
cessors forever — Provided however, that it shall be in 
the power of the Legislature on the application of any 
denomination of Christians having a sett[/]ed minister in 
said town hereafter to make a new appropriation of the 
said Income. February 15, 1797. 

Chapter 33. 

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

Resolved, that there be allowed & Paid out of the 
Treasury of this Commonwealth, to Each member of the 
Council, Senate & house of Representatives two Dollars 
per Day for Each Days attendance the Present Session, 
& a Like Sum for Every ten miles Distance from their 
Kespective Places of Abode to the Place of the Setting 
of the General Court — & be it further 

Resolved that there be Paid to the President of the 
Senate & the Speaker of the house of Representatives, 
Each, tw^o Dollars per Day for Each Days attendance, 
over & above their Pay as members. 

February 15, 1797. 



294: Resolves, 1796. — January Session. 



Chapter 24. 

RESOLVE ON THE PETITION OF ELIJAH SPRAGUE AND OTHERS 
DIRECTING THE ATTORNEY GENERAL TO INSTITUTE AN IN- 
QUEST OF OFFICE AGAINST NATHAN JONES, SO AS TO EFFECT 
THE APPROPRIATION OF THE LANDS RESERVED. 

On the petition of Elijah Sprague & others, Agents for 
the town of Adams, praying the interposition of tlie 
legislature to enable them to avail themselves of certain 
lands reserved in the original grant of the said township 
for the support of the ministry & schools within the same. 

Whereas it appears that the said town of Adams was 
originally granted to Nathan Jones, Elisha Jones & John 
Murray, on the following conditions, "viz. That there be 
reserved to the first settled Minister one sixty third part 
of said township, & one sixty third part of said township 
for the use of the ministry, & the like quantity for the 
use & support of a school in said township forever." And 
whereas it appears that the said Grantees did set oft' to 
the first settled minister one sixty third part of said 
township, and no more ; and also, that the common and 
undivided shares of the said Elisha Jones and John 
Murray being afterwards confiscated, the government did" 
actually set off for the use of the ministry, one sixty third 
part, and no more, of the aforesaid shares of the said 
Elisha and John, and a like quantity of their said shares 
for the use and support of a school in said town. 

And whereas it doth not appear that the said Nathan 
Jones hath, on his part, ever complied with the conditions 
of the said grant by setting oflf any part of his proportion 
of the lands reserved as aforesaid for the use of the 
ministry, and for the use and support of a school in said 
town : It is therefore 

Resolved, that the Attorney General be and he is 
hereby directed to institute an inquest of office against 
the said Nathan Jones, so as to effect the appropriation 
of the lands reserved as aforesaid to the uses expressed in 
the aforesaid grant. February 15, 1797. 

Chapter 25, 

RESOLVE ON THE PETITION OF BENJAMIN READ, IN BEHALF 
OF THE FIRST PARISH IN THE TOWN OF MENDON, ESTABLISH- 
ING THE CHOICE OF PARISH OFFICERS AND THE DOINGS OF 
A SUBSEQUENT MEETING. 

On the Petition of Benjamin Read Esqr. in behalf of 
the first Parish in the Town of Mendon, seting forth that 



Kesolves, 1796. — January Session. 295 

the Committee, in Issuing their Warrant dated March 
ye oOth 1795, for calling a Meeting of said Parish to be 
holden on the Thirteenth day of April then next ensuing, 
for the purpose of Choosing Officers and transacting the 
other necessary business therein, Omited Affixing their 
seal to the said Warrant, and that some persons have 
doul)ted the legallity of the proceedings of the Meeting- 
held pursuant to said Warrant. 

Resolved that the choice of the several parish Officers, 
and the votes passed at the said Meeting : and also the 
doings at a subsequent meeting held in said Parish on the 
Twenty first day of March 17 "J 6, for the purpose of 
choosing Parish Officers and transacting the other business 
specified in the Warrant for calling said meeting, Be and 
hereby are Established good and Valid in law, as though 
the omision of Affixing a seal to the said first mentioned 
Warrant had not happened. February 15, 1797. 

Chapter 26. 

RESOLVE ON THE PETITION OF JOSEPH WALLACE, JUN. AND 
ALEXANDER NICHELS, ABATING A TAX LAID ON PLANTATION 
NO. 5, WEST OF MACHIAS, AND DEDUCTING FROM THE VALUE 
OF SAID PLANTATION. 

On the Petition of Joseph Wallace junr. and Alexander 
Nichels Assessors of Plantation No. 5 west of Machias in 
the County of Washington, praying for an Abatement on 
Tax No. 13 and a Deduction from the Valuation of said 
Plantation. 

Resolved for reasons set forth in said Petition, that 
there be an Abatement of Thirteen Dollars and fifty Cents 
of the Sum set to said Plantation No. 5 in the Tax Act 
No. 13 And that the Treasurer of this Commonwealth be & 
he hereby is directed to discharge the said Plantation No. 
5 from the aforesaid Tax No. 13 upon their paying into 
the Treasury of this Commonwealth the Sum of Forty 
one Dollars and Fifty Cents And the Assessors of said 
Plantation are hereby authorized and directed to abate to 
each of the Inhabitants of Plantation No. 11 who is 
assessed in Tax No. 13 as an Adjacent to the said Planta- 
tion No. 5 the whole amount of the Tax assessed upon 
him. 

And it is furtJi.er resolved that there be a Deduction of 
two shillings from the Sum said Plantation No. 5 stands 
at in the last Valuation ; And that in all future Taxes 
untill a new Valuation be taken the said Plantation No. 5 



296 Resolves, 1796. — January Session. 

shall be assessed at the rate of Six shillings and three 
pence on the one Thousand Pounds. 

February 16, 1797. 

Chapter 36a.* 

ORDER ON THE PETITION OF THOMAS LOTHROP AND OTHERS. 

On the petition of Thomas Lothrop and others praying 
to be incorporated for the purpose of enclosing a certain 
tract of woodland lying in the towns of Hingham, Cohas- 
set, & Scituate, to prevent the distruction of the wood 
growing thereon, with all the powers necessary for such 
an incorporation. 

Ordered that the said petitioners notify all persons 
concerned by publishing an attested copy of said petition, 
with this order of notice thereon, in the Massachusetts 
Mercury three weeks successive!}^, the last publication to 
be thirty days, before the second Wednesday of the first 
session of the next General Court, that they may appear 
on the said second Wednesday & shew cause, if any they 
have, why the prayer of said petition should not be 
granted. February 16, 1797. 

Chapter 21, 

RESOLVE ON THE PETITION OF JEDEDIAH DAY, DIRECTING THE 
TREASURER TO ISSUE A NEW NOTE IN LIEU OF THE ONE 
DRAWN BY A FORGED ORDER. 

On the petition of Jedediah Day praying for allowance 
of wages due to him which have been drawn from the 
Treasury of this Commonwealth by a forged order. 

Resolved for reasons 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 
new note for the sum of Twelve pounds fourteen shillings 
to the said Jedediah of the same tenor and date as the 
one drawn by Amos Dawson. February 17, 1797. 

Chapter 28. 

RESOLVE ON THE PETITION OF JAMES TISDALE, GRANTING 
HIM SIXTY DOLLARS. 

On the Petition of James Tisdale of Boston in the 
County, of Suffolk Merchant, praying to be reimbursed 

* Not printed in previous editions. 



Eesolves, 1796. — January Session. 297 

certain sums of Money which he has paid in consequence 
of inirchasing certain confiscated property in the County gf 
Bristol which Estate was originally sold to one Isaac Smith. 
Resolved for reasons set forth in said Petition that 
there be allowed and paid out of the Treasury of this 
Commonwealth the sum of Sixty Dollars to the said 
James Tisdalc in full for all losses and damages he may 
have sustained in the Premises mentioned in said Petition. 

February 17, 1797. 

Chapter 39. 

RESOLVE ON THE PETITION OF FISHER RICHARDSON, GRANT- 
ING HIM COMPENSATION FOR THE LOSS OF HIS ARM, AND 
GRANTING HIM AN ANNUITY FOR LIFE. 

On the petition of Fisher Richardson, a private duly 
enrolled in the first Company of foot of Brunswick in the 
County of Cumberland whereof Jacob Anderson is Captain, 
setting forth that at a battalion muster, on the eleventh 
of October last, whilst fullfilling the [the] orders of the 
commanding officer for said day by discharging a piece 
of ordnance, he was unfortunately wounded in his right 
hand, arm & shoulder, in consequence whereof his arm 
has been amputated above his elbow. 

Resolved that there be paid out of the Treasury of this 
Commonwealth to the said Fisher Richardson, from any 
monies that now are in said Treasury or from the first 
monies that shall come into the Treasury, not otherwise 
appropriated, the sum of two hundred dollars as a com- 
pensation for his expenses to surgeons, nurses and for 
necessaries during his confinement. 

And it is further Resolved that there be paid out of 
the Treasury of this Commonwealth to the said Fisher 
Richardson the sum of Fifty Dollars annually as a pension 
during his life to commence on the first day of January 
A D 1797. February IS, 1797. 

Chapter 30. 

RESOLVE ON THE PETITION OF JACOB FISHER AND OTHERS, 
ESTABLISHING AN ADDITIONAL NOTARY PUBLIC IN KENNE- 
BUNK. 

On the petition of Jacob Fisher and others praying that 
an additional Notary Publick may be appointed in the 
County of York. 



298 Resolves, 1796. — January Session. 

Resolved that for the better accommodation of the 
port of Kennebunk, and its vicinity, there be chosen an 
additional Notary publick for the County of York to be 
resident in that part of the Town of Wells in the said 
County called Kennebunk. February IS, 1797. 



Chapter 31. 

RESOLVE ON THE PETITION OF EPHRAIM PRESCOT, ONE OF THE 
PROPRIETORS OF THE TOWNSHIP OF EAST ANDOVER, EM- 
POWERING EPHRAIM BALLARD TO TAKE A NEW SURVEY, 
AND AUTHORISING THE COMMITTEE FOR THE SALE OF 
EASTERN LANDS IN THE CASE. 

On the petition of Ephraim Prescot, one of the Pro- 
prietors of the township of East Andover, praying that 
the true quantity of Land contained in the Deed from the 
Committee for the Sale of Eastern Lands to the original 
Proprietors of said Township, may be ascertained & 
Confirmed to them ; and also that they may have leave 
to purchase any lands belonging to the Commonwealth 
within the bounds of said township as the Same was 
surveyed by Eleazer Twitchell, and a plan thereof signed 
by him & returned to said Committee. 

Resolved that Ephraim Ballard of Hallowell in the 
County of Lincoln, be & he is hereby authorised & 
appointed to take a new survey of said township, accord- 
ing to the said Deed to the proprietors thereof by begin- 
ing at the Northwest corner of the township of New 
Pennycook, from thence runing East eighteen degrees 
North, on the North line of said New Pennycook, to the 
Beach tree mentioned in said Deed and marked T. L. 
from thence north eighteen degrees west eight miles, 
thence west eighteen degrees South, six miles, then 
South eighteen degrees east eight miles, then east eighteen 
decrees north to the first bounds — and return an accurate 
plan thereof to the General Court for their acceptance. 
The said Survey to be made at the expense of said 
Proprietors — 

Resolved, that as soon as said Ballard shall have com- 
pleted his said plan, and the same shall have been 
accepted as aforesaid, the Conmiittee for the sale of 
Eastern, lands, shall be authorised & empowered to sell 
& dispose of all the lands which shall be found to belong- 
to the Commonwealth within the Limits of said township 



Resolves, 1796. — January Session. 290 

of East Andover — according to said Twitchells original 
plan, in the Same manner, as they might have done, had 
the Resolve of the Second of March 1795 for suspending 
the future Sales of Eastern lands, never passed ; any thing 
in that llesolve to the Contrary notwithstanding — 

Resolved^ that if the said Proprietors of East Andover 
shall neglect or refuse to have said Township surveyd. by 
said Ballard, & a plan returned in manner, & for the pur- 
pose mentioned in these Resolves, for the space of nine 
Months; that the Attorney Genl. be, & he is hereby 
directed to Commence & prosecute to final Judgment, an 
Inquest of office against the said Proprietors, to resieze 
the Commonwealth of the lands described in said Twitch- 
ells plan, & now in possession of said Proprietors. 

February 18, 1797. 

Chapter 33. 

RESOLVE DIRECTING THE TREASURER TO DISCHARGE SAMUEL 
FALES, ESQ. LATE COLLECTOR OF EXCISE FOR THE COUNTY OF 
BRISTOL, OF 107 DOLLARS 29 CENTS, AND TO CALL UPON THE 
LATE TREASURER HODGDON, FOR THE PAYMENT OF THE 
SAME. 

Resolved, that the Treasurer of this Commonwealth be 
and he hereby is directed to discharge Samuel Fales, Esq. 
late Collector of Excise for the County of Bristol, the sum 
of one hundred and seven dollars and twenty nine cents, 
which he stands indebted on the Treasury books, he having 
produced a receipt for the same sum, signed by Alexander 
Hodgdon, Esq. late Treasurer of said Commonwealth; 
and the Treasurer for the time being is further directed to 
call on the said Alexander Hodgdon for the payment of 
the said sum of one hundred and seven dollars and twenty 
nine cents. February 20, 1797. 

Chapter 33. 

RESOLVE ON THE PETITION OF BENJAMIN SHEPARD, EXTEND- 
ING THE TIME FOR THE PAYMENT OF ONE THOUSAND 
DOLLARS LOANED HIM. 

On the petition of Benjamin Shepard, setting fourth, that 
by a Resolve of the Generl. Court passed in June AD 
1793, he received out of the Public Treasury of this Com- 
monw^ealth, the sum of one Thousand dollars on Loan, free 
from Interest for the term of four years in order to assist 



300 Resolves, 1796. — Januakt Session. 

him in carrying on the manufacture of cotton goods, in 
the Town of Wrenthem, And praying to be Indulgd. with 
a Longer time for paying the same into the Treasury. 

Resolved for reasons set forth in the said petition, that 
the prayer, thereof be granted, and that the time for paying 
the said sum of one Thousand dollars be & it is her [e] by 
extended for the term of three years from the passing of 
this Resolve, provided the said Shepard shall make to the 
Treasurer of this Commonwealth his bond with one or 
more sufficient Sureties to secure the payment of the 
money Loan'd as aforesaid with interest. 

February 20, 1797. 

Chapter 33a.* 

ORDER ON THE PETITION OF THE INHABITANTS OF LIMINGTON 
AND CORNISH. 

On the Petition of a number of the Inhabitants of [of] 
the Towns of Limington and Cornish praying to be Incor- 
porated into a Religeous Baptist Society. 

Ord\_e~\red that the Petitioners notify the Towns of Lim- 
ington and Cornish by leaving an attested Copy of their 
Petition and this Order thereon with the Town Clerk of 
each of Said Towns thirty days at least before the Second 
Wednesday of the first Sitting of the next General Court, 
that they may appear on said day and Shew Cause if any 
they have why the Prayer of Said Petition Should not be 
Granted. February 20, 1797. 

Chapter 34. 

RESOLVE ON THE PETITION OF JAMES SCOTT, AND DOROTHY HIS 
WIFE, PERMITTING THEM LIBERTY TO ENTER AN APPEAL 
FROM THE DECREE OF THE JUDGE OF PROBATE FOR THE 
COUNTY OF SUFFOLK, IN THE SUPREME COURT OF PROBATE 
TO BE HELD IN BOSTON ON THE 3D TUESDAY OF FEB., AND 
AUTHORISING SAID COURT TO TAKE COGNIZANCE OF SAID 
APPEAL. 

On the Petition of James Scott & Dorothy his Wife, 
praying for leave to enter an Appeal from a Decree of the 
Judge of Probate for the County of Suffolk, on the 
Account rendered by said Dorothy as Administratrix to 
the Estate of His Excellency John Hancock Esqr. de- 
ceas'd.' 

• Not priuted in previous editions. 



Resolves, 1796. — January Session. 301 

Resolved for reasons sett forth in said Petition that the 
said James & Dorothy Scott, shall have liberty to enter 
an Appeal from the decree of the Judge of Probate for 
the County of Suffolk aforesaid in the Supreme Court of 
Probate to be holden at Boston within & for the County 
of Suffolk on the third Tuesday of February instant, (or 
on any day during said term of said Court) — And the said 
Supreme Court of Probate is hereby Authorised & em- 
powered to take Cognizance of, and adjudicate upon said 
Appeal, in the same manner as if the same had been pros- 
ecuted in due form of Law — provided that the Petitioners 
Notify all persons Interested in said Decree by serving 
them with An Attested Copy of this Resolve, (or cause 
the same to be read to them) seven days at least before 
the day, on Avhich the said Appeal shall be Entered in the 
Court aforesaid. February 21, 1797. 



Chapter 35. 

RESOLVE ON THE PETITION OF JAMES CONANT, AUTHORISING 
THE JUDGE OF PROBATE FOR THE COUNTY OF PLYMOUTH, ON 
APPLICATION, TO EXAMINE THE ACCOUNT EXHIBITED, AND 
TO CORRECT ANY ERRORS, WITH A PROVISO. 

On the petition of James Conant complaining of errors 
to his prejudice in the accounts settled with Joseph Cush- 
ing Esq. late Judge of Probate for the County of Pl^^m- 
outh, by Phineas Conant, Executor of the last will and 
Testament of Silvanus Conant late of Middleborough in 
said County deceased, which settlements, the said James 
had not opportunity seasonably to controvert, and praying 
relief. 

Resolved, That the Judge of Probate for the said County 
of Plymouth, l)e and hereby is authorized and empowered, 
on application from the said James Conant, to reexamine 
the accounts which have been exhibited by said Phineas 
relative to said Estate, and allowed, to correct any errors 
that may appear therein, and to make such adjustment and 
decree in the premises after such re-examination, as shall 
appear to said Judge to be just and reasonable ; and from 
the decree of the said Judge in the premises, either party 
shall have liberty of appeal to the Supreme Court of Pro- 
bate as in ordinary cases. 

Provided that the said Phineas be duly served with a 
citation from said Judge and also with an attested copy 



302 Resolves, 1796. — January Session. 

of this resolution Thirty days before the time assigned for 
said re-examination ; and provided also that the said 
Phineas shall not be held to make any proof or plea on 
said re-examination relative to any payments made in his 
said Capacity and which have been allowed in any of said 
Accounts, but the same shall be taken and deemed to be 
true. 

Provided also, that said James Conant, shall, pre- 
vious to the issuing of any citation from the aforesaid 
Judge of Probate, enter into a bond with sufficient surety 
or sureties, to secure to the said Phineas Conant the pay- 
ment of all costs which may arise before the said Judge 
of Probate in Case the former decree shall be affirmed & 
not appealed from by the said James, or in Case the said 
Decree shall be affirmed by the Supreme Court of Probate, 
which bond shall be lodged in the Probate office for the 
use of the said Executor — And in Case of appeal by either 
^ party, bond to be entered into as by Law provided. 

February 21, 1797. 

Chapter 36. 

RESOLVE ON THE PETITION OF JONATHAN WARE, DIRECTING 
THE TREASURER TO FORBEAR TO PROSECUTE THE SUIT 
AGAINST HIM FOR FIVE YEARS, WITH A PROVISO. 

On the petition of Jonathan Ware of Conway in the 
County of Hampshire. 

Resolved That the Treasurer of this Commonwealth be 
and he hereby is directed to forbear to commence or prose- 
cute for the term of five years from the passing this resolve 
any suit or process against the said Jonathan Ware for the 
recovery of the money due from him by force of his bond 
dated on the twenty fourth day of April last given to 
secure the payment of four hundred dollars to said Com- 
monwealth with interest. 

Provided the said Jonathan Ware shall within six 
months pay one years interest on said bond, and after- 
wards at the expiration of every year from the date of 
said bond regularly pay the annual interest thereof to said 
Treasurer ; and shall also pay any costs which may have 
arisen on said bond. And if the said Ware shall at any 
time be delinquent in any of said particulars this resolve 
shall thenceforth cease to have any effect. 

February 23, 1797. 



Kesolyes, 1796. — Januaet Session. 303 



Chapter 37. 

RESOLVE ON THE PETITION OF LEVI COOK, DIRECTING THE 
SECRETARY TO CERTIFY TO THE GOVERNOR AND COUNCIL 
THE BALANCE DUE TO HIM. 

On the petition of Levi Cook. 

Resolved, That eJohn Avery Esq. Secretary of this Com- 
monwealth certify to the Governour and Council, the pay 
or arrears of pay due to the said Levi Cook late Soldier 
in Colo. Sprout's Regiment in the Continental Army ; and 
the Treasurer, on recievg. a warrant therefor, is directed 
to issue his note or notes to the said Levi Cook in the 
same way & manner as has been practiced, in paying 
Other Soldiers for similar services. February 24, 1797. 

Chapter 38.* 

RESOLVE DIRECTING THE SECRETARY TO CERTIFY BALANCE 
DUE TO JOHN PAIN, A SOLDIER IN COL. DIXON'S REGIMENT, 
TO THE GOVERNOR AND COUNCIL. 

On the petition of Peter McEwen. 

Resolved, That John Avery Esqr. Secretary of this Com- 
monwealth certify to the Governour and Council, the pay 
or arrears of pay due to John Pain late a Soldier in Colo. 
Nixon's Regiment ; and the Treasurer on receiving a 
Warrant therefor, is directed to issue his note. or notes to 
the said Peter McEwen, administrator on the Estate of 
the said John Pain in the same way & manner as has been 
practicd., in paying other Soldiers for similar services. 

February 24, 1797. 



Chapter 39. 

RESOLVE ON THE PETITION OF LEVI ARNOLD, GRANTING HIM 
TWO HUNDRED DOLLARS IN COMPENSATION FOR HIS SUFFER- 
ING. 

On the Petition of Levi Arnold, praying for some com- 
pensation for the exertions and suli'erings of himself, and 
his son, in assisting in apprehending one Eli Page, a most 
dangerous and notorious villain, who had made his escape 
from the justice of his Country under charges of the most 
atrocious nature. 

* Incorrectly printed in previous editions. This is a neAV draft. 



304 Kesolves, 1796. — January Session. 

Resolved, for reasons set fourth in said Petition that 
there be allowed, and paid out of the treasury of this Com- 
monwealth to the said Levi Arnold the sum of two hun- 
dred dollars in compensation for his sufferings aforesd. 

February 24, 1797. 

Chapter 40. 

RESOLVE REPEALING A RESOLVE ON THE PETITION OF JAMES 
DEERING, PASSED FEB. 15, INST. AND EMPOWERING SARAH 
FOX TO EXECUTE A DEED MENTIONED. 

Whereas a Resolve passd. the Legislature the 15th Inst, 
on the Petition of James Deering of Portland praying that 
Sarah Fox Administratrix on the Estate of John Fox late 
of Portland deceasd. should be empowred to make & 
execute to the sd. James a Deed of Lot No. one in the 
long Wharf in sd. Portland, but by said Resolve the sd. 
Sarah is empowred to make a Deed to the sd. James of 
Lot No. 14 on said long Wharf which appears to be a 
Mistake. Therefore 

Resolv'd that the beforementioned Resolve passd. the 
15th Inst, be and hereby is repealed, & that the sd. Sarah 
Fox be, and she hereby is, empowred in her said Capacity 
to make & execute to the sd. James Deering a good & 
sufficient Deed of Lot No. 1, in the long Wharf in said 
Portland on the sd. Deerings conveying by Deed to the 
Heirs of the late John Fox aforesd. Lot No. 14 in sd. 
long Wharf, Agreeably to the Terms of the Original 
Agreement made with sd. Fox in his life Time. 

February 24, 1797. 



Chapter 41. 

RESOLVE ON THE PETITION OF EBENEZER CROCKER, RENDER- 
ING VALID A DEED OF MARY SUNKOSON, AN INDIAN WOMAN 
OF THE MARSHPEE TRIBE, GIVEN BY HER IN 1786. 

On the Petition of Ebenezer Crocker Praying that a 
certain Deed given by Mary Sunkoson an Indian woman 
of the Marshpee tribe, to him may be established & ren- 
dered good & valid in law. 

Resolved for reasons set forth in sd. Petition That the 
prayer- of it be granted & the said deed bearing date the 
twenty second day of February one thousand seven hun- 
dred & eighty six given to the sd. Crocker & conveying 



Resolves, 1796. — January Session. 305 

fifty acres of Land more or less, lying in Barnstable in the 
County of Barnstable, be & hereby is rendered good & 
valid in Law ; any law or Resolve of this Commonwealth 
prohibiting the sd. Tribe of Indians to sell their lands, to 
the Contrary notwithstanding. February 24, 1797. 

Chapter 43. 

RESOLVE ON THE PETITION OF SAMUEL LAHA, KEEPER OF THE 
HOSPITAL ON RAINSFORD ISLAND. 

On the petition of Saml. Laha. 

Resolved — That there be allowed and paid, out of the 
public Treasury of this Common Wealth, to the said Saml. 
Laha the sum of One hundred Dollars in full for the use 
of his household furniture in the service of the Common- 
wealth, and Thirty Dollars in addition to the present 
allowance, of Forty four dollars, & forty five cent[s], 
from the 25th of Jany. 1796, to the 25 of Jany. 1797. 

February 25, 1797. 

Chapter 43. 

RESOLVE ON THE PETITION OF DANIEL REED, DIRECTING THE 
TREASURER TO GIVE A NEW NOTE IN LIEU OF ONE LOST, HE 
GIVING BOND. 

On the petition of Daniel Reed of Abington in the 
County of Plimouth, Setting forth that he was in posses- 
sion of a State note signd. by the Treasurer of this Com- 
monwealth for the sum of Three hundred & Seventy seven 
dollars & sixty seven Cents Number 1855, and dated 
August 19 1794 bearing Interest of five p Ct. from July 
1 1794 and that eighteen months Interest has been paid 
thereon, the last payment of which was made April 19th 
1796, & that the same was consumed by Fire on the 
thirtieth day of April last past being the time that the 
said Reeds dwelling house was burnt. 

Resolved, That the Treasurer of the Commonwealth be 
& he is hereby directed to Issue a new note to the said 
Daniel Reed for the amt. of the note said to be lost & Con- 
sumed & for the Interest due thereon, the said Reed first 
giving Bond with Sureties Sufiicient In the Opinion of 
the Treasr. to Indemnify the Commonwealth against the 
note said to be lost or Consumed as aforesaid. 

February 25, 1797. 



306 Resolves, 179G. — January Session. 



Chapter 43a.* 

HESOLVE ON THE PETITION OF DIANA ADAMS, EXECUTRIX TO 
THE LAST WILL OF THOMAS ADAMS, DECEASED, EMPOWERING 
HER TO SELL CERTAIN REAL ESTATE, SHE GIVING BOND. 

On the Petition of Diana Adams of Boston in the 
County of Suffolk Widow Executrix to the last Will of 
Thomas Adams late of said Boston Merchant deceased, 
Praying for leave to sell and convey such parts of the Real 
Estate of which William Payne died seized situate in said 
Boston and in the Town of Charlestown in the County of 
Middlesex as belonged to the said Thomas Adams and his 
minor Children. 

Resolved that the said Diana be and she hereby is au- 
thorized & im})owered to sell and convey by Public Auction 
all the right and title of her late Husband the said Thomas 
Adams and of his minor Children named in said Petition in 
and to all the Real Estate of which William Paine late of 
said Boston Miller died seized, and any Deeds for the con- 
veyance thereof in fee made and executed by said Diana 
shall be good, & valid to transfer to the Purchasers the 
said title of said Thomas Adams and of his said Minor 
Children Yizt. Mary Adams, Ri(;hard Montgomery Adams, 
Sally Paine Adams, William Paine Adams, and Henry 
Rust Adams in and to the Premises. 

Provided that the said Diana give thirty days Public 
notice of such intended Sale by Posting up Notifications 
thereof in said Boston and Charlestown and in the two 
next adjoining Towns & Provided also she shall first give 
Bond with Surety to the Judge of Probate for said County 
to his satisfaction with Condition to observe the rules and 
directions of law respecting the sale of Real Estates by 
Executors and Administrators and to place the net pro- 
ceeds of said Sale in such estate, funds or credits as the 
said Judge of Probate shall a})prove and also to appi'o- 
priate the Principal and Income thereof in such manner as 
the said Court of Probate shall decree in conformity to 
the respective last Wills and Testaments of said William 
Paine and Thomas Adams relative to the Premises. 

Provided that nothing in this Resolve shall be consid- 
ered to be a Relinquishment of any right which the Com- 
monwe.alth hath to any lands which the said Paine died in 
possession of, and which were formerly the estate of Ben- 
jamin Stokes. February 25, 1797. 

* Printed without chapter number in pamphlet editions. 



Resolves, 1796. — January Session. 307 



Chapter 44. 

ORDER ON THE REPORT OF THE COMMITTEE ON THE SUBJECT 
OF GRANTS OF LAND TO SUNDRY ACADEMIES. 

Ordered, That the Secretaiy be, and he hereby is 
directed to cause the report of a Committee of both Houses 
on the subject of grants of land to sundry Academies 
within this Commonwealth, to be printed with the Resolves 
which shall pass the General Court the present session. 

And be it further ordered. That the grants of land speci- 
fied in said Report, shall be made to the trustees of any 
association within the respective Counties mentioned in 
said report, where there is no Academy at present insti- 
tuted, who shall first make application to the Greneral 
Court for that purpose : Provided, They produce evidence 
that the sum required in said Report is secured to the use 
of such institution : And jjrovided, That the place contem- 
plated for the situation of the Academy be approved of 
by the Legislature. February 27, 1797. 

RejDort on the Subject of Academies at large. 

The Committee of both Houses to Whom were referred 
the subject of Academies at large; and also sundry peti- 
tions for grants of public lands to particular academies 
having accordingly considered the subject on General 
principles, and likewise the several petitions referred to 
them, submit the following report. 

On a general view of this subject the Committee are of 
opinion, that the system hitherto pursued of endowing 
Academies with State lands ought to be continued — but 
with several material alterations, first, that no academy 
(at least not already erected) ought to be encouraged by 
Government unless it have a neighbourhood to support it 
of at least thirty or forty thousand Inhabitants not accom- 
modated in any manner by any other academies, by any 
College or School answering the purposes of an Academy 

— Secondly that every such portion of the Commonwealth 
ought to be considered as equally entitled to grants of 
State lands to these institutions in aid of private donations 

— and, thirdly that no State lands ought to be granted to 
any Academy but in aid of permanent funds secured by 
towns and individual donors ; and therefore, previous to 
any such grant of State lands evidence ought to be pro- 
duced that such funds are legally secured, at least adequate 
to erect & repair the necessary buildings, to support the 



308 Resolves, 1796. — January Session. 



corporation, to procure & preserve such apparatus and 
books as may be necessary, and to pay a part of the Sal- 
aries of the preceptors. 

In attending to the particular Cases the Committee find 
that fifteen Academies have already been incorporated in 
this Commonwealth ; also Derby School, which serves all 
the general purposes of an Academy — but that the 
Academy at Marblehead, probably, will only serve the 
purposes of a town School — and the Committee are of 
opinion that the three Colleges established and endowed 
by the State & private donors will serve many of the pur- 
poses of Academies in their respective neighbourhoods — 
so that if four or five Academies more shall be allowed in 
those parts of the Commonwealth where they may be most 
wanted there will be one academy to every 25,000 Inhab- 
itants ; and probably therefore they must struggle with 
many Difliculties until the wealth and population of the 
State shall be very considerably encreased — for however 
useful Colleges and Academies may be for many purposes ; 
yet it is very obvious that the great body of the people 
will and must educate their children in town and district 
schools, where they can be boarded or supported in the 
families of their parents. 

The Committee find that of the fifteen Academies already 
incorporated, seven of them have had grants of State lands 
that at Fryeburgh of 15000 acres, and the other six at 
Machias, Hallowell, Berwick, Marblehead, Taunton, and 
Leicester one township each — to extend this plan of a 
township to each Academy to those Academies already 
allowed and to those which, from local circumstances may 
be justly claimed, w^ould require the grants of twelve or 
thirteen townships more — the Committee think this num- 
ber too large ; and therefore propose half a township of six 
miles square of the unappropriated lands in the District of 
Maine, to be granted to each Academy having secured to it 
the private funds of towns & individual donors before de- 
scr[z]bed — to be laid out or assigned, (with the usual res- 
ervations) by the Committee for the sale of Eastern lands. 

Of the eight Academies already incorporated and not 
endowed by the Commonwealth, part appear to have been 
endowed by towns and individuals — and as to part, no 
satisfactory evidence is produced of such endowments. 

It appears that Dummer's Academy in Newbury has 
legally secured to it a permanent fund for its support, by 



Resolves, 1796. — January Session. 309 

a private donor, to the amount of about 6000 Dollars and 
that Phillip's Academy in Andover has a fund something 
larger secured in like manner — that each of these Acade- 
mies was established in a proper situation. 

It appears that the Academies in Groton & Westford 
are about seven miles apart, both in the County of Middle- 
sex and with a neighbourhood perhaps not so adequate, 
as could be wished, to the support of two ; that each of 
them has received the donations of towns and individuals 
to the amount of about 2500 dollars, and that each of them 
is now much embarrassed for want of funds — but both 
of these Academies have been incorporated and counte- 
nanced by the legislature, and must be considered as fully 
adequate for the County of Middlesex. On the whole the 
Committee propose an immediate grant of half a township 
of the description aforesaid to each of these four Acade- 
mies. As to the Academies at Portland, Westfield and 
New Salem and in the County of Plymouth, the Commit- 
tee propose that half a township of the description afore- 
said, be granted to each of them — provided each of them 
shall within three years, produce evidence that there is a 
permanent fund legally secured to each, by town or indi- 
vidual donors to the amount of three thou[s«]nd dollars 
and that the act establishing an Academy in the town of 
Plymouth, be repealed, and an act be passed establishing an 
Academy in the County of Plymouth on the principles of 
the petition from that County — And That half a Township 
of land be granted to each of the Counties of Barnstable, 
Nantucket, Norfolk, and Dukes County and Hancock, for 
the purpose of an Acsid[e']my , provided they shall, within 
three years, severally furnish evidence that funds are 
secured by towns or individual donors to the amount of 
three thousand dollars, for the support of each of the said 
Academies. February 25, 1797. 

Chapter 45. 

RESOLVE GRANTING TO CERTAIN ACADEMIES HALF A TOWN- 
SHIP EACH, TO BE LAID OUT UNDER THE DIRECTION OF THE 
COMMITTEE FOR THE SALE OF EASTERN LANDS. 

Resolved That in pursuance of a report of a joint com- 
mittee which has been accepted by both branches of the 
Legislature there be and hereby is granted to the Trustees 
of Dummer Academy to the Trustees of Phillips Academy 



310 Kesolves, 1796. — January Session. 

to the Trustees of Groton Academy and to the Trustees 
of Westford Academy respectively and to their respec- 
tive successors one half township of six miles square for 
each of their Academies, to be laid out or assigned by the 
Committee for the sale of Eastern lands in some of the 
unappropriated lands in the district of Maine belonging 
to this Commonwealth, excepting all lands within six 
miles of Penobscot river, with the reservations and con- 
ditions of settlement which have usually been made in 
cases of similar grants. Which said tracts the said Trustees 
respectively are hereby impowered to use improve sell or 
dispose of as they may think most for the benefit of their 
respective institutions. February 27, 1797. 

Chapter 46. 

RESOLVE ON THE PETITION OF JAMES LUNT, ALLOWING HIM TO 
PAY THE BALANCE DUE FROM HIM TO THE COMMONWEALTH 
IN CONSOLIDATED NOTES. 

On the Petition of James Lunt seting forth that he is 
indebted to the Commonwealth in the sum of One hundred 
and Ninety ^pounds seventeen shillings and Nine pence 
and praying he may be allowed to pay said sum into the 
Treasury of this Commonwealth in Consolidated Notes 
notwithstanding the time heretofore allowed for that pur- 
pose is expired. 

Resolved for reasons set forth in said petition, that he 
the said James Lunt, be allowed to pay into the Treasury 
of this Commonwealth said sum of one hundred and Ninety 
pounds seventeen shillings & nine pence which is the Bal- 
lance due from him. In consolidated Notes of this Common- 
wealth in discharge of said Aeht j^t'ovided he pay the same 
within three months from and after the passing this Resolve 
together with all Necessary cost which has arisen upon 
the Suit against him upon his bond, and the Treasu[?']er 
is herel^y Directed to conduct himself accordingly any law 
to the contrary notwithstanding. February 28, 1797. 

Chapter 47. 

RESOLVE ON THE PETITION OF JOHN DODDS, IN BEHALF OF THE 
TOWN OF HOLDEN, CONFIRMING THE DOINGS OF THE ASSES- 
SORS. • 

On the Petition of John Dodds in behalf of the Inhabi- 
tants of the Town of Holden in ye County of Worcester, 



Resolves, 1796. — Januaey Session. 311 

Setting forth that doubts have arrissen respecting the 
Legallity of ye proceedings of the Assessors in said Town, 
in making ye Taxes, for the Ministers Salary, for Twenty 
years last past, without ye same having been annually 
voted, and praying that the doings of said Assessors may 
be confirmed. 

Resolved, that the prayer of said Petition be granted, 
and that the doings of said Assessors be, and they hereby 
are, established and made good and valid in Law to all 
intents and purposes, as though they had been annually 
voted by said Inhabitants. February 28, 1797. 

Chapter 48. 

RESOLVE FOR TAKING THE QUESTION ON THE SEPARATION OF 
THE DISTRICT OF MAINE FROM THIS COMMONWEALTH. 

On the petition of Thomas Eice & others inhabitants 
of the district of Maine, praying the legislature to take 
such measures as to them may seem wise & efi'ectual for 
obtaining the sense of the people of said district upon the 
question of separation from the Commonwealth of Mas- 
sachusetts. 

Resolved that it shall be the duty of the Selectmen of 
the several towns and incorporated districts & the As- 
sessors of the several plantations within the said district, 
to issue their warrants requiring the Inhabitants of their 
several towns, incorporated districts and Plantations 
qualified to vote in the choice of Representatives to the 
General Court to assemble on the second Wednesday in 
May next & give in their votes on the following question, 
viz. Shall application be made to the legislature for their 
consent to a separation of the District of Maine from the 
Commonwealth of Massachusetts, & that the same may be 
erected into a Stale? And it shall be the duty of the said 
Selectmen & Assessors to certify the w^hole number of 
votes given in at said meetings respectively, by the voters 
qualified as aforesaid, & also the number for & against, 
such separation. And it shall also be the duty of the said 
Selectmen & Assessors respectively, in the said meetings, 
to make publick declaration of the numbers of votes given 
in as aforesaid, & to seal up & transmit the same to the 
Secretaries office on or before the second Wednesday of 
the first session of the next General Court. And the Secre- 
tary is hereby directed to forward, as soon as may be, a 



312 Resolves, 1796. — January Session. 

copy of this Resolve, to the Selectmen of the several 
Towns and incorporated districts, and the several Planta- 
tions in the District of Main. March 2, 1797. 

Chapter 49. 

RESOLVE ON THE PETITION OF JOSEPH SIMONDS, IN BEHALF OF 
THE TOWN OF LEXINGTON, GRANTING TWO HUNDRED DOL- 
LARS TO THE SELECTMEN OF SAID TOWN FOR THE PURPOSE 
OF ERECTING A MONUMENT TO THE MEMORY OF THOSE 
SLAIN IN LEXINGTON BATTLE, ON THE 19th APRIL, 1775. 

On the petition of Joseph Simonds in behalf of the 
town of Lexington. 

Resolved that there be allowed & paid out of the pub- 
lic treasury to the Selectmen of the town of Lexington 
the sum of two hundred dollars for the purpose of erecting 
in said town a monument of stone — on which shall be 
engraved the names of Eio;ht Citizens inhabitants of Lex- 
ington who were slain in the morning of the 19th Day of 
April 1775 by a party of British Troops, together with 
such other inscription, as in the judgment of said Select- 
men & with the approbation of the Governor & Council, 
shall be calculated to preserve to posterity a record of the 
first efforts made by the people of America for the estab- 
lishment of their freedom & independence. 

The said Monument to be erected on the ground where 
the said Citizens were slain — and the monument so erected 
shall be deemed & taken to be a public monument, & 
entitled to the protection of the Law in such case made & 
provided. March 2, 1797. 

Chapter 50. 

RESOLVE ON THE PETITION OF BENJAMIN IRESON, AUTHORIZING 
THE JUDGE OF PROBATE FOR ESSEX CO., TO PROLONG THE 
TIME FOR THE COMMISSIONERS ON THE ESTATE OF SYLVANUS 
HUSSEY TO RECEIVE THE CLAIMS AGAINST SAID ESTATE. 

On the Petition of Benjn. Ireson Praying that a further 
Time may be allowed the Commissioners to receive & ex- 
amine the Claims of the several Creditors to the Estate 
of Sylvanus Hussey late of Lynn deceas'd. 

liesolv'd that for reasons set forth in Said Petition — 
The Hon. Judge of Probate for the County of Essex be 
& hereby is Authoris'd & directed to extend the Term for 
receivinii' and examinino; the claims to said deceased's 
estate to three months from and after the passing of this 



Eesolves, 1796. — January Session. 313 

Resolve — & to direct the Commissioners heretofore Ap- 
pointed to receive & examine the Claims of the several 
Creditors to the Estate of Sylvanus Hussey late of Lynn 
deceas'd. March 2, 1797. 

Chapter 51. 

RESOLVE ON THE PETITION OF JOHN DILLINGHAM, EMPOWER- 
ING THE SELECTMEN OF HARWICH TO SELL A PIECE OF LAND. 
THE PROPERTY OF REBECCA CROOK, AN INDIAN WOMAN. 

On the Petition of John Dillingham, praying that the 
Selectmen of the Town of Harwich, may be authorized to 
Sell a peice of land belonging to Rebecca Crook an Indian 
woman. 

Resolved, for reasons set forth in said petition, that the 
Selectmen of the Town of Harwich, in the County of 
Barnstable, be & hereby are authorized To Sell at public 
or private sale, a piece of land lying in said Harwich, 
the property of Rebecca Crook, Indian woman, contain- 
ing about forty acres, for the most the same will fetch ; & 
to make & execute a good and lawful deed or deeds thereof 
to the purchasor or purchasors of said land ; and the mone}^ 
arising by such sale, after paying her just debts &, reason- 
able Charges, Shall be deposited in the Treasury of the 
Town of Harwich, and Draw^i out by orders from the 
Select men aforesaid, for the time being, for the Support 
of the said Rebecca, and Her daughter Elizabeth, during 
their lives. And if any of said money shall remain not 
expended in Supporting the said Rebecca and Elizabeth, 
at the Time of their decease, and no legal heir shall ap- 
pear to claim the same within twelve months, after the 
decease of the said Rebecca & Elizabeth, the Select men 
aforesaid, are hereby authorized to apply such remainder 
to the use of any poor Indian or Indians belonging to the 
said Town of Harwich, who they may think from time to 
time may stand in need thereof. March 2, 1797. 

Chapter 51a.* 

ORDER ON THE PETITION OF JOHN WILLIAMS, DAVID SMEAD 
AND OTHERS, RELATIVE TO ERECTING A BRIDGE OVER DEER- 
FIELD RIVER. 

On the petition of John Williams & others praying for 
leave to erect a Bridge over Deerfield river in the town 
of Deerfield at a place called the rocky mountain — and 

* Not printed in previous editions. 



314 Resolves, 1796. — January Session. 

on the petition of David Smead & others praying for leave 
to build a bridge over the same river at the place where 
the ferry is now kept. 

Ordered that Charles Phelps of Hadley Solomon Yose 
of Northfield & Lemuel Pomeroy of Southampton in the 
County of Hampshire esqrs. be, & they hereby are ap- 
pointed a Committee at the expence of David Smead and 
others, to repair to the said town of Deerfield, and after 
giving due notice to all parties interested and concerned 
to view such places as shall be shewn them, and make re- 
port to the Legislature at their next sessions, which of 
said places is in their opinion most eligible for a Bridge & 
for the accommodation of travellers. March 3, 1797. 

Chapter 52. 

RESOLVE ON THE PETITION OF ZEBEDEE CUSHMAN, GRANTING 
HIM ONE HUNDRED AND SIXTY DOLLARS, IN FULL FOR THE 
DOWER MENTIONED. 

On the Petition of Zebedee Cushman. 

Whereas a Resolve passed the General Court on the 
sixteenth day of February 1796 directing the Attorney 
General to appear & take upon himself the defence of an 
Action brought against said Zebedee Cushman for dower in 
Estate which he holds by a deed with warranty from this 
Commonwealth ; or agree & Settle with the said Cushman 
as to him shall appear just & reasonable ; and the Attorney 
General having certified a Settlement with said Cushman : 

Resolved, that there be paid out of the Treasury of this 
Commonwealth the sum of One hundred & sixty Dollars 
in full for the dower demanded, and for all Costs & 
damages sustained by said Cushman in consequence of the 
Action aforesaid. March 4, 1797. 

Chapter 53. 

RESOLVE ALLOWING ADDITIONAL PAY TO NON-COMMISSIONED 
OFFICERS AND SOLDIERS BELONGING TO THE GARRISON ON 
CASTLE ISLAND. 

Resolved, That in addition to the pay to the Non-Com- 
missioned Officers and Soldiers belonging to the Garrison 
on Castle Island provided by a resolve passed Feby. 27, 
1795 there be allowed and paid out of the Treasury of 
this Commonwealth to each Non Commissioned officer and 
Soldier belonging to the Garrison on Castle Island one 
dollar and one third per month from the 21st of March one 



Resolves, 179G. — January Session. 315 

thousand seven hundred and ninety seven to the 21st 
March one thousand seven hundred and ninety Eight in 
the same way & manner as the monthly wages are now 
paid. March 6, 1797. 

Chapter 54. 

RESOLVE GRANTING THE HON. GEN. SHEPHARD A TRACT OF 
LAND, FOR HIS MERITORIOUS EXERTIONS IN THE CAUSE OF 
THIS COMMONWEALTH, AND AUTHORIZING THE COMMITTEE 
ON THE SALE OF EASTERN LANDS IN THIS CASE. 

On the petition of William Shephard praying for a com- 
pensation for his services and sufterings in the cause of 
the Commonwealth, during the late insurrection. 

Resolved that there be and hereby is granted to Gen- 
eral William Shephard a tract of land which in the judg- 
ment of the Committee for the sale of Eastern Lands shall 
be of the value of one thousand dollars, as a full compen- 
sation for his peculiar and meritorious services and suffer- 
ings in the cause of this Commonwealth, and the said 
Committee are hereby authorized and directed to assign 
to said Shephard a tract of land lying in one or more 
Townships belonging to the Commonwealth of the value 
aforesaid and to make a good and sufficient deed of the 
same to said Shephard in fee simple. March 6, 1797. 

Chapter 55, 

RESOLVE ALLOWING THE MESSENGER OF COUNCIL ONE HUN- 
DRED DOLLARS, TO PROCURE FUEL, cS^c. 

Resolved, that there be allowed and paid out of the 
Treasury of this Commonwealth to Isaac Peirce, Messen- 
ger to the Governor and Council, the sum of One hundred 
Dollars, to enable him to purchase fuel and other neces- 
sary articles for the Council Chamber and Secretary's 
Office — he to be accountable for the expenditure of the 
same. March 6, 1797. 

Chapter 55a.* 

ORDER RELATIVE TO THE ADDRESS TO, AND ANSWER FROM, THE 
PRESIDENT OF THE UNITED STATES. 

Ordered that the Clerk of the Senate deposit in the 
Secretary's office, copies of the address to, & answer from 

* Not printed in previous editions. 



316 Resolves, 1796. — January Session. 

the president of the United States ; & that the Secretary 
cause the same to be published with the Resolves of the 
Gen. Court. March 6', 1797. 

Chapter 56. 

RESOLVE MAKING PROVISION FOR THE MAJOR GENERALS OF 
THIS COMMONWEALTH ISSUING THEIR ORDERS, ETC. 

Whereas no provision is made by Law for defraying 
the expence which may arise in distributing the Orders of 
the Major Generals and in procureing Horses to drag the 
Field pieces and tumbrells of the several companies of 
Artilery with in this Commonwealth : 

Resolved That each Major General within this com- 
monwealth is authorised and empow[er]ed to appoint some 
sutable person to distribute his orders and the persons 
so appointed shall lay their accounts before the committe 
on accounts for alio wane [e]. 

And be it further Resolved that each Captain or com- 
manding Officer of a company of Artilery shall lay his ac- 
counts for money actually expended in providing Horses 
to drag the Field pieces and tumbrell of their respec- 
tive companies, before the committe on accounts for allow- 
anc[e] — provided that no allowanc[e] shall be made 
unless sd. Company is ordered to appear in Battalion or 
Regimental Muster or to march out of the Town to which 
they belong by their superior Officer. March 7, 1797. 

Chapter 57. 

RESOLVE GRANTING TO THE ADMINISTRATOR ON THE ESTATE 
OF THE LATE JOSEPH HENDERSON, THREE HUNDRED DOL- 
LARS AND SEVEN CENTS, IN FULL OF THE ACCOUNT EX- 
HIBITED, AND DIRECTING THE TREASURER TO CREDIT THE 
SAME IN SETTLEMENT OF THE ACCOUNT OF THE SAID HEN- 
DERSON. 

Resolved that there be allowed & paid to the adminis- 
trator of the estate of the said Joseph Henderson the 
sum of three hundred dollers & seven cents in full for 
the account exhibited by said administrator to the com- 
mittee on accounts ; and the treasurer of this common- 
wealth is hereby directed to credit the estate of the said 
Henderson in settlement of his accounts for the sum 
aforesaid ; provided the said administrator shall discharge 
the Commonwealth from any further demands on said 
account. March 7, 1797. 



Resolves, 1796. — January Session. 317 



Chapter 58, 

RESOLVE ALLOWING ADDITIONAL PAY TO JAMES FOSTER, JUN. 
CLERK IN THE TREASURY OFFICE. 

On the representation of the Treasurer of this Common- 
wealth. 

Resolved that the pay of James Foster Junr. Clerk in 
the Treasury-OfEce, be at the rate of Two dollars and 
fifty Cents pr. day commencing the Twenty first day of 
June A. D. 1796, and tliat the same be paid out of the 
Public Treasury of this Commonwealth. 

March 7, 1797. 

Chapter 59. 

RESOLVE ON THE PETITION OF WILLIAM TYNG, AUTHORIZING 
ARCHELAUS LEWIS TO SELL ALL THE REAL ESTATE OF THE 
SAID TYNG, AND PAY THE SAME INTO THE TREASURY, WITH 
DIRECTIONS TO THE TREASURER. 

On the petition of William Tyng praying for relief in 
an action now pending against him in the Supreme 
Judicial Court at the suit of the Commonwealth. 

Resolved That Archelaus Lewis Esquire of Falmouth — 
be and he hereby is authorised and impowered to sell at 
Public Auction to the highest bidder all the right which 
the Commonwealth hath in and to all the real estate 
which was adjudged forfeited to the Commonwealth upon 
Process of contiscation against the said William Tyng, 
and upon such sale to make execute and acknowledge 
good and sufficient deeds of the same to the purchasers ; 
and on the receit of the purchase money to pay the same 
after deducting the charges of the sale, to the Treasurer 
& Receiver General as soon as may be. 

And it is further resolved that the Treasurer be and 
he is hereby authorised and directed to carry to the credit 
of the said William Tyng towards the discharge of such 
judgment as the Commonwealth may recover against him 
in the said action, and for no other purpose, the monies 
received into the Public Treasury arising from the sale 
of the said William's Estate, excepting what may be 
credited to him in the liquidation of the said judgment, 
and whatever balance may remain due on the said judg- 
ment after such credit shall be made, the Treasurer shall 
cause execution to be sued out therefor & to be levied in. 
due form of law. March 7, 1797. 



318 Eesolves, 1796. — January Session. 



Chapter 60. 

RESOLVE APPOINTING COMMISSIONERS TO SETTLE DIFFER- 
ENCES WITH RESIDENTS ON THE WALDO CLAIM, &c. &c. 

The Committee appointed on the petition of Joseph 
Combs and others, — stating, that they are Residents on 
the Waldo Claim, — have endured adverse Occurrances 
in Cultivating a Wilderness, — and praying to be quieted 
on Terms (that Wisdom may dictate) with lands sufficient 
to make them comfortable settlements, — have attended 
the object of their Appointment, — and have heard the 
Petitioners by Mr. Samuel Brown, who appeard. as their 
Agent, and Henry Knox Esqr. who Appeard. as Repre- 
sentative of the Heirs of the late Brigadier General 
Samuel Waldo, do report. That, (in their Opinion) the 
Legislature can better secure the Interest of the Peti- 
tioners — the rights of the proprietors, and the general 
Tranquility in that part of the Commonwealth, by some 
provision whereby the parties concern 'd may adjust and 
settle their affairs in controversy by mutual consent than 
by any legislative decision or act that can be constitu- 
tionally passed on the subject of the Petition. And 
further, the Committee ask leave to state, that the said 
Henry Knox Esqr. as Representative aforesaid declares 
himself disposed to an amicable settlement of all contro- 
versies with the settlers respecting said lands on liberal 
terms & conditions ; And the said Mr. Brown as agent 
aforesaid also declares himself disposed to an Amicable 
settlement of the same controversies, and to that end 
they pray that the following Resolve, which is submitted 
(by the Committee) may be passed. 

Resolved, That Nathan Dane John Sprague and Enoch 
Titcomb Esqrs. be Commissioners to hear the said Henry 
Knox Esqr. as Representative aforesd., and any of the 
Petitioners, — and to settle and declare the Terms on 
wdiich any settler on the lands held under the said 
Brigadier General Samuel Waldo, (and not heretofore 
alienated) shall be quieted in the possession of one hun- 
dred acres of land that may best include his improvements, 
who hath not made any agreement in writing with the said 
Knox con[c]erning ye lands and who shall on or before 
the first Day of October refer the settlement of the terms 
aforesaid to the determination of the said Commissioners 



Resolves, 1796. — January Session. 319 

in the manner herein after directed. And the said Com- 
missioners in settling the terms aforesaid for quieting any 
settler in the possession of one hundred acres as afore- 
said, shall divide the settlers into the following classes, 
and determine accordin<2: to situation and circumstances — 

1. Settlers before the nineteenth day of April A D 
1775, now in possession, or whose possessions have been 
transferd. to claimants now in possession. 

2. Settlers during the war with Great Britain now in 
possession, or whose possessions have been transferd. to 
claimants now in possession. 

o. Settlers since that period now in possession, or 
wdiose possessions have been transferd. to [to] claimants 
now in possession. 

And the said Commissioners shall repair to the said 
patent by the tenth Day of Septr, next & thereupon 
proceed on and Compleat the purpose of their Commission 
as soon as may be, and make report in writing under 
their hands & seals or the hands and seals of the 
major part of them into the office of the Secretary of the 
Commonwealth who shall make out two true & attested 
copies of the Report one for the Representatives of the 
said heirs and the other for the said settlers. — And all 
References to the said Commissioners shall be in writing 
signd. by the parties refering, their agents Representa- 
tives or Attorneys : and the Report of the said Commis- 
sioners made executed and transmitted into the Secretarys 
office as aforesaid shall be final between the parties 
refering as aforesaid. 

And wher[e]as the peace, happiness, and prosperity of 
a large & promising territory seems greatly to depend 
on an Amicable decision of existing controversies and 
disputes, which tend as well to public discord as private 
animosity, — a submission to the foregoing Commission 
is earnestly recommended to all Settlers of either of the 
foregoing descriptions, who wish hereafter to be con- 
siderd. as friends to peace, good order and the Govern- 
ment of the Commonwealth. 

And be it fin^ther Resolved that there be paid out of the 
Treasury of the Commonwealth five hundred Dollars to 
the said Commissioners to enable them to proceed on the 
business pointed out in this Resolve they to be account- 
able for the same. March 9, 1797. 



320 Resolves, 1796. — January Session, 



Chapter 61. 

RESOLVE GRANTING TWENTY EIGHT THOUSAND DOLLARS TO 
THE AGENTS FOR BUILDING THE NEW STATE HOUSE AND 
DISCHARGING THEM FROM THIRTY EIGHT THOUSAND DOL- 
LARS. 

Whereas the Agents for building the State House have 
laid their Accounts of expenditures before the General 
Court Amounting to Thirty Eight Thousand Dollars, 
which upon Examination appear to be right cast, and well 
Vouched : therefore, 

Resolved that said Accounts lie & hereby are Ac- 
cepted & allowed ; and said Agents are hereby discharged 
of the sum of Thirty Eight Thousand Dollars by them 
received of the Treasurer of this Commonwealth on two 
Warrants drawn pursuant to a Resolve of Feby. 24th and 
one other Resolve of November 24th 1796. 

And he it further Resolved, that there be, and hereby is 
granted the further sum of Twenty eight Thousand Dollars, 
to be paid out of the Treasury of this Commonwealth, to 
the Hon. Thomas Dawes & Edward H. Robbins Esqrs. two 
of the Agents aforesaid, to enable them to proceed in 
building & Compleating the State House aforesaid, for the 
expenditure of which money, said Agents to be Account- 
able to this Commonwealth upon Settlement of their Ac- 
counts, Or whenever called upon by the Legislature thereof. 

March 9, 1797- 



Chapter 63. 

RESOLVE ON THE PETITION OF SARAH STANTON. 

On the Petition of Sarah Stanton Executrix of the last 
Will & Testament of John Stanton late of Worcester in 
the County of Worcester Gentleman deceased, praying 
for Leave to dispose of certain Lands whereof said De- 
ceased died seized & possissed. 

Resolved that the said Sarah Stanton have Leave to sell 
at public or private Sale the several tracts of land de- 
scribed in said Petition viz. one tract containing eight acres 
more or less bounded Southerly on the Road leading from 
Worcester to Paxton & every other way on land of Daniel 
Clap & William Sever Esqr. — Also one other tract lying 
in Common & undivided with Daniel Goulding the whole 



Resolves, 1796. — January Session. 321 

of which contains three acres more or less bounding South- 
erly westerly & Northerly on a Road & Easterly on land 
belonging to the Town of Worcester — Also one other 
tract contnining forty six acres & fifty one rods lying in 
common & undivided with Nathan Patch and which said 
John & Nathan i)urchased of Thomas Chandler on the 
eleventh day of December AD 1794 and is part of what 
is called the Bigelow estate — And the said Sarah in 
her said Capacity is hereby authorised & impowered to 
make & execute good & lawful Deed or Deeds of the 
same. 

Provided she said Sarah first give Bond with suflScient 
Sureties to the Judge of Probate for the County of Worces- 
ter to account for & make payment of the proceeds of 
said Sale to the Children of the said John in equal shares, 
in case she the said Sarah should again Marry with Inter- 
est for the same to commence from & after such Marriaoe. 

March 9, 1797. 



Chapter 63. 

RESOLVE DIRECTING THE EASTERN COMMITTEE TO PURCHASE 
MARK ISLAND IN PENOBSCOT BAY. 

On the Petition of Joseph Perkins and others praying 
that the Government may purchase an Island in Penob- 
scot Bay, for the security of navigation. 

Whereas it appears that the Island in Penobscot Bay 
called Mark Island, late the property of the Common- 
wealth, is so situated as to be of great use in directing 
vessels which navigate Penobscot bay and river. And 
whereas it may be the interest of the present Proprietor 
of said Island to cut down the timber thereon standing, 
by means whereof the navigation of said bay & river may 
be greatly endangered : Therefore 

Resolved, that the Committee for the sale of ]£astern 
lands be and they hereby are authorised and directed to 
purchase, for the use of the Commonwealth, an Island 
situate in Penobscot Bay, called Mark Island, for the pur- 
pose of securing the same for the safety and direction of 
vessels navigating Penobscot Bay and river ; provided 
the purchase thereof can be made upon such terms as to 
the said Committee shall appear reasonable. 

Marcli 9, 1797. 



322 Resolves, 1796. — January Session. 



Chapter 64. 

RESOLVE ON THE PETITION OF A NUMBER OF INHABITANTS OF 
THE DISTRICT OF DOVER. 

On the Petition of a Number of the Inhabitants of tiie 
District of Dover seting forth that the Meetings which 
have been held therein for Choosing their District Officers 
and for transacting their other Necessary piiblick business, 
have not been legally Assembled, as no Warrants have 
been Issued by the Selectmen for calling the same and 
praying that the doings of said Meetings may be Estab- 
lished and made legal — and whereas it appears that the 
Inhabitants of said Town have had notice of said Meeting-s 
by a Notification therefor posted up at the Meeting House 
therein : 

Resolved that all the Transactions and doings of said 
District, in their District meetings heretofore held therein ; 
be and hereby are Established and made valid in law, as 
though no such neglect of the Selectmen in granting their 
Warrants for calling said meeting, had happened. 

March 9, 1797. 

Chapter 65. 

RESOLVE MAKING AN ADDITION TO THE SALARIES OF THE SU- 
PREME JUDICIAL COURT. 

On the Memorial of the Justices of the Supreme Judi- 
cial Court & in consideration of the present diminished 
value of their salaries as by Law established. 

Resolved that for the current year, commencing from the 
first day of January last, there shall be allowed to each of 
the Justices of the Supreme Judicial Court at the rate of 
five hundred dollars in addition to his present Salary as 
by Law established and payable therewith. 

March 9, 1797. 

Chapter 66. 

RESOLVE ON THE PETITION OF NATHANIEL KINGSBURY, ADMIN- 
ISTRATOR ON THE ESTATE OF JONATHAN HIDDEN, DECEASED. 

On the Petition of Nathaniel Kingsbury, Administrator 
on the estate of Jonathan Hidden, late of Walpole, de- 
ceased, praying for leave to make sale of the said Hidden's 
real estate, consisting of buildings and lands. 



Kesolves, 1796. — January Session. 323 



Resolved^ that the prayer of said Petition be so far 
granted, as that the said Nathaniel Kingsbury be and he 
hereby is authorised and impowered to make sale of all 
the real estate whereof the said Jonathan Hidden late of 
AValpole, in the County of Norfolk, deceased, died seized 
and possessed ; he tirst giving bonds with sureties to the 
Judge of Probate for the County of Norfolk, to account 
for the proceeds of said sale agreeable to Law ; and that the 
remainder or overplus of said sale, after paying all debts 
and demands against said estate, and the expences of set- 
tling the same, be divided agreeable to law ; said Kings- 
bury observing the rules and regulations in Law respecting 
sale of real estate by Executors and Administrators. 

March 9,1797. 

Chapter 67. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF LEBANON, 
ESTABLISHING THE TOWN MEETINGS, MENTIONED. 

On the petition of the Selectmen of Lebanon praying 
that the proceeding of a Town meeting held in April 
1781 and another meeting held in June 1781 and one 
othe[?'] Meeting held in Said Town in March 1785, may 
be establ[^V^ec?J. 

Resolved that the Prayer of the said Petition be granted 
and that the Proceedings of Said Meetings be established 
the Town Clark not having made a Legal Record of the 
Same notwithstanding — and the Town Clark of Said Town 
is her [e] by authorized to Record the Same according to 
the original minutes made by the Town Clerk of said Town 
in the year 1781 & in the year 1785 or certificate of the 
Substance thereof from the person who was Clerk in 
those years which shall have the same force effect and 
Validity in Law as if the Town Clerk of said Lebanon for 
the two years last mentioned had regularly recorded the 
[the] proceedings of said Meetings. March 9, 1797. 

Chapter 68. 

RESOLVE DIRECTING THE PRINTERS FOR THE GENERAL COURT 
TO PUBLISH FOR THE AGRICULTURAL SOCIETY AND ALLOW- 
ING A SUM THEREFOR. 

Whereas a more general diffusion of practical agricult- 
ural knowledge will tend greatly to advance the pros- 
perity of this Commonwealth, and the Agricultural 



324 Kesolves, 1796. — January Session. 

Society have represented to the General Court their in- 
ability to bear the expence of publishing such communica- 
tions and experiments as in their opinion would be of 
public utility, and have requested the aid of the Legis- 
lature therefor : 

Mesolved that the Printers for the General Court be 
directed to publish for the Agricultural Society of this 
State in Pamphlets or News Papers such pieces as they shall 
be requested to do and to lay their Accounts therefor before 
the Committe on Accounts for allowance, provided the 
expence for performing the same shall not exceed two 
hundred Dollars a year — and that the said Printers deliver 
one of the said Copies to each person who shall be entitled 
to receive the Laws and Resolves of this Commonwealth. 

March 10, 1797. 

Chapter 69. 

RESOLVE ON THE PETITION OF PHILIP ULMER AND OTHERS, 
ALLOWING THEM TO RAISE A WRECK AT THEIR OWN EX- 
PENCE, ON PENOBSCOT RIVER. 

On the petition of Phillip Ulmer & others praying for 
leave to raise the wreck of a Vessell, which was sunk in 
the Harbour of Cape Jellison at the time of the attack upon 
Penobscott in the late war. 

Resolved, that Phillip Ulmer, John Pendleton, Heze- 
kiah French, George Ulmer, Adam Rogers be & they 
hereby are permitted & allowed, at their own expence, to 
raise the wreck of the Vessell which belonged to the 
Penobscot Fleet and was sunk in the harbour of Cape 
Jellison near the mouth of Penobscot River — ^and that all 
the right & title of the Commonwealth in the said Vessell 
be relinquished to the said Phillip, John, Hezekiah, George 
& Adam in case they succeed in attempting to raise the 
same — Provided they Effect the purpose aforesaid within 
one year from passing this Resolve. 

March 10, 1797. 

Chapter 70. 

RESOLVE MAKING COMPENSATION TO THE HON. NATHAN DANE 
AND OTHERS, A REVISING COMMITTEE, ALLOWING THEM 
THREE DOLLARS PER DAY. 

Resolved that there be allowed and paid out of the 
public Treasury to the Honble. Nathan Dane, John Davis 



Resolves, 1796. — January Session. 325 

& George R. Minot Esqr. the Committee for Revising the 
Laws of this Commonwealth at the rate of three Dollars 
each for each and every days service while Employed in 
the business aforesaid, their Accots. being first exhibited to 
the Committee on Accounts for Examination & allowance. 

3Iarch 10, 1797. 



Chapter 71. 

RESOLVE ON PETITIQN OF DANIEL NEAL AND OTHERS. 

On the Petition of Daniel Neal and others praying to be 
quieted in the possession of certain lands the property of 
the Commonwealth. 

Whereas it appears that there are sundry settlers on 
Township Number two of the second range west of Penob- 
scot River, who have not been confirmed in their posses- 
sions under the general Resolve for quietting settlers on 
the unappropriated lands of the Commonwealth. 

And whereas doubts heretofore existed whether the 
lands whereon they are settled were the property of the 
Commonwealth, by reason whereof the said settlers 
could not be quieted within the time limited in the said 
Resolve : 

Therefore Resolved, that there be and hereby is re- 
leased to each of the settlers in Township Number Two 
in the second range West of Penobscot River, who settled 
on said Township ])efore the first day of January 1784, 
and to the heirs and assigns of such settlers, one hundred 
acres of land, to be held in severalty, on condition that 
each of them pay to the Treasurer of the Commonwealth 
fifteen dollars within one year from the time of passing 
this Resolve ; and shall defray the expence of the survey 
hereby directed to be made. And the surveyor who shall 
be appointed in conformity to this Resolve shall return to 
the Committee aforesaid a plan of the said Township, de- 
scribing each lot particularly, with the names of the per- 
sons settled thereon, whether settled prior to or since the 
first day of January A D 1784. And the settlers afore- 
said shall also cause the same to l)e recorded in the oflSce 
of the Register of deeds for the County of Hancock. 

March 10, 1797. 



326 Eesolves, 1796. — January Session. 



Chapter 12. 

RESOLVE GRANTING FIVE HUNDRED AND TWENTY DOLLARS 
AND NINETY-FIVE CENTS, TO JOHN LOWELL, ESQ. FOR THE 
BALANCE OF HIS ACCOUNT, AS SETTLED AND ADJUSTED BY 
THE TREASURER. 

Resolved that there be allowed and paid out of the 
treasury of this Commonwealth to John Lowell Esquire 
Five hundred & Twenty five Dollars & ninety five cents in 
full [o/"] the Ballance of his Acct. against said Commonth. 
as settled and adjusted by the Treasurer thereof on the 7th 
March instant pursuant to a Resolve passed Feby. 27, 
1795. March 10, 1797. 

Chapter 73. 

RESOLVE FOR THE PAY OF THE COMMITTEE ON ACCOUNTS. 

Resolved^ That there be allowed and paid out of the 
public treasury of this Commonwealth, to the Committee 
appointed to examine and pass Accounts, for their attend- 
ance on that service, during the present session, the 
Sums annexed to their names, in addition to their pay as 
members of the Legislature, viz. To the Honble. Isaac 
Thompson, Esq. for thirty five days attendance, seventeen 
dollars and fifty Cents. To the Honble. Josiah Stearns, 
Esq. for thirty-seven days attendance, Eighteen dollars 
and fifty Cents. To Thomas Hale, Esq. for thirty seven 
days attendance, eighteen dollars and fifty Cents. To 
Seth Smith Jun. Esq. for six days attendance, three dol- 
lars. To John Chamberlain Esq. for thirty two days 
attendance, sixteen dollars, and to Mr. Daniel Tucker, 
for twenty eight days attendance fourteen dollars ; which 
sums shall be in full for their service aforesaid. 

March 10, 1797. 

Chapter 74. 

ROLL NO. 36. 

The Committee on Accounts haveing Examined the ac- 
counts we now present. 

Report, that there are due to the Towns and Persons 
hereafter mentioned, the sums set to their names respec- 
tively (which if allowed and paid) will be in full dis- 
charge of said accounts to the dates therein mentioned, 
Which is Submitted. 

Isaac Tiio.mson, pr. order. 



Resolves, 1796. — January Session. 327 



Support of the poor of the Commonwealth. 

To the Town of Ashburnham for supporting John 
Scarlet & Child up to Jany. 1797, including doctors 
bills & funeral expences, 

To the Town of Attleboro for supporting Phebe Rogers 
& Hannah Jane to Jany. 12th, 1797, .... 

To the Town of Andover for supporting Partrick Callan- 
han up to Feby. 15th, 1797, 

To the Town of Abington for Doer. Thaxters bill, 

To the Town of Boxiord for supporting Wm. Conly up 
to Novr. 7, 1796, in full, 

To the Town of Boston for supporting Sundry Paupers 
up to Deer. 1, 1796, in full, 

To the Town of Beverly for supporting Sundry Paupers, 
viz. Morriss Nash, Jane McCombs & Lucy Weavei-, in 
full up to Jany. 6, 1797, 

To the Town of Bridgewater for supporting John 
Jessup to Jany. 23rd. 1797, 

To the Town of Boylston for supporting Topsfield a 
Negro in full up to the Time of his death, . 

To the Town of Brookfield for supporting Luke Finney 
& Wife up to Jany. 2nd, 1797, 

To the Town of Belchertown for supporting Polley 
Tinkum exclusive of Doer, bills, to Feby. 21, 1797, 

To the Town of Brimfield for supporting Edward Hart- 
ley & family including doctors bills up to Jany. 23rd, 
1797 

To the Town of Bolton for supporting John Diggins up 
to Feby. 4th, 1797, Including Doers, bill. 

To the Town of Boxboro for supj^orting John Kenady 
up to the 14th Jany. 1797, 

To the Town of Char[Ze]sto[?^]n for supporting Sundry 
paupers Including Doer. Bartlet bill Feb. 28, 1797, 

To the Town of Colrain for supporting Daniel MeDogal 
up to Jany. 1, 1797, 

To the Town of Concord for supporting Wm. Shaw up 
to Jany. 22nd, 1797, including Doer. Heards bill & for 
supporting James Murphy up to Deer. 31, 1796,. 

To the Destrict of Carlis[i]e for supporting Robt. Barber 
up to Jan. 21st. 1797, 

To the Town of Camden for supporting Gabriel Stod- 
ham including all expences up to his death, 

To the Town of Deerfield for supporting Robt. Jackson 
a Negro — in full up to his death, .... 

To the Town of Danvers for supporting James Mahoney, 
to Feby. 1797 in full, 

To the Town of Dorchester for supporting John Har- 
rison to 28th of May 1796, & Mrs. Thornton up to 22d. 
Feb. 1797. Including Doers, bills, .... 

To the Town of Dracut for supporting John Hancock in 
full up to his death, 

To the Town of Deadham for supporting Robt. Clue to 
Jany. 1, 1797 

To the Town of Edgerton for supporting David York in- 
cluding Doer. Spaulding bill — to Feby. 24, 1797, 



Dulls. I 


Cts- 


23 50 


120 


33 


17 


67 


11 


54 


46 


94 


2237 89 


182 


77 


44 


19 


79 


91 


15 


44 


26 


76 


58 


78 


83 


62 


60 


31 


88 


40 


53 83 


80 


94 


48 


09 


33 




130 




44 


35 


115 


50 


35 73 


24 08 


52 


28 



328 Resolves, 1796. — January Session. 



To the Town of East Hampton for supporting Rebecca 

Gardiner up to Feby. 1, 1797, 

To Constant Freeman for takeing care of the States poor 

in Boston, ......... 

To the Town of Free2Dort for supporting Thomas Hovey, 

up to Nov. 1796, 

To the Town of Foxboro for suj^porting the Wife of 

Thos. Petty up to the 26 Deer. 1796, .... 
To the Town of Framingham for supporting Two Chil- 
dren of Bennet Foster in full up to 30th of Jany. 

1797, 

To the Town of Freetown for supjDorting Francis Brown 

up to Feby. 1797, 

To the Town of Gloucester for Doer. Coffins bill up 7 

Feby. 1797, 

To the Town of Groton for supporting sundry Pavx^jers 

in full up to Feby. 1797, 

To the Town of Greenfield for supporting John Battis 

James Moor in full up to Jany. 1, 1797, 
To the Town of Gill for supporting Jos. Fuller u^) to 

Jany. 7, 1797, including Doers, bill, .... 
To the Town of Granby for supporting John Murry up 

to 31 Jany. 1797 

To the Town of Hallowell for supporting Rachel Cum- 
min in full up to Jany. 2, 1797, 

To the Town of Hadley for supporting Francis Trainer 

and Mary Cattis up to the 1 Jany. 1797, 
To the Town of Holliston for supporting Wm. Mabre 

in full up to 30th of April 1796 

To the Town of Hopkinton for supporting Wm. Mabre 

up to Feby. 1st 1797, 

To the Town of Hawley for supporting Thos. Oaks in 

full up to Jany. 1797, 

To the Town of Kingston for supporting Thos. Kittridge, 

to Feby. 1, 1797, 

To the town of Lenox for supporting Martha St. John 

including Doctr Bills in full, 

To the Town of Lexington for supi^orting Richard 

Crouch up to May 6, 1796 

To the Town of Lynn for supporting Bristol a Negro 

up to Jany. 1, 1797, 

To the Town of Leicester for supporting Noble 

Spen[c]er a Negro boy up to Feby. 6th, 1797, 
To the Town of Longmeadow for supporting Robt. Rus- 
sell to the first of April 1796 in full, .... 
To the Town of Lancaster for supporting Richard Patten 

up to Feby. 4th, 1797 — in full, 

To the Town of Marlboro for supporting Jos. Waters up 

to Jany. 2nd, 1797, 

To Doctor John IManning keeper of the Alms hou [s] e in 

Ipswich for supplies found John McNiel Wo. G. Hull 

James Chambers in full Including doctors bills & 

funeral expence, 

To the Town of Medford for support of Girsham Tuffts 

up to Feby. 20 1797, 

To the Town of Maiden for support of Jno. Hoar & 

funeral Charges & Anna Bishop up to March 3 1797, 



Dolls. ' 


Cts. 


43 16 


155 


33 


152 


33 


61 


50 


103 




121 


75 


89 


82 


402 


70 


119 39 


77 


32 


30 


19 


101 




100 


36 


9 


90 


50 90 


106 


77 


28 


38 


30 50 


11 


75 


75 




33 


20 


33 


42 


79 41 


52 




173 


72 


72 


50 


73 


3 



Dolls. 


Ct8. 


31 


59 


1107 


42 


404 


15 


79 


80 


170 


85 


10 




21 





Resolves, 1796. — January Session. 329 



To the Town of N. Hampton for supporting Betsey 
Smith Jan. 24, 1797, 

To the Town of Newbury Port for supporting Sundry 
poor Including Doers, bills — in full up — Jany. 1, 
1797, 

To the Town of Newbury for supporting sundry paupers 
Including four doctors bills — in full — to 1, Jany. 1797, 

To the Town of N. Gloucester for supporting Juda 
Royal up to 14, Jany. 1797 

To the Town of Norton for supporting Jos. Pratt & 
Pero a Negro, in full to Feby. 1, 1797 including Doer. 
Parker bil, 

To the Town of Newton for Supporting John Elliot & 
Conveying him to Blanford in Connecticut in full. 

To the Town of N. Salem for supporting Olive Bedient 
& three Children in full up to Feby 12, 1797, . 

To the Town of Portland for supporting Susanna 
Thomas Mary Thomas & her Two Children Peggy 
Barker & her Two Children & Robt. Russell up to 
Feb. 2d 1797, Including Doctor Coffins bills, . . 259 18 

To the Town of Plimouth for supporting Nathel. 
Thomas Partrick Morriss & wife the Wife of John Hill 
in full up to Jany. 30th, 1797, 177 57 

To the Town of Plympton for supporting Simeon Brown 

& Hannah Mitchel in full to the 1st of March 1796, . 89 85 

To the Town of Pembrook for supporting John Mender 

up to Jany. 1, 1797, 48 7 

To Doctr. Elisha Pond bill for his attendence on Alexr. 
Read, 7 

To the Town of Reading for supporting John Hoar, & 
Samel. Bancroft & Thomas Grant up to Januy. 25, 
1797, 

To the Town of Russell for supporting James Barrett 
& John Pram up to Novr 7, 1796 Including Doers, 
bill, 

To the Town of Roxbury for supporting Sundry Paupers 
in full up to Jany. 1st, 1797, Including Doer. Bartlets 
bills, . . 

To the Town of Shelburn for supporting Two Children 
of Selah Battis up to Novr. 10th, 1796 Including 
Doctors bills &c., 

To the Town of Situate for supporting Sundry Paupei'S 
up to Feby. 10, 1797, including Doer. Otis's bill, . 

To the Town of Springfield for supporting John Berry, 
in full up to Jany 28, 1797, 

To the Town of Sudbury for supporting Wm Craver up 
to Sept 11, 1796 

To Doer. Wm. Stone bill in full 

To the Town of Swansy for supporting Penellipa War- 
shanks, & Fenny Peierce in full up to Jany. 27, 1797, 
including funeral expences, ...... 29 36 

To the Town of Stockbridge for supporting Samel Hany, 
& Henry Cole, & Catharine a Black Woman and Sum- 
mons & Tom, Black men up to the 21st of Jany. 1797 
— in full, 127 83 

To the Town of Salem for Sundiy Paupers support in 

full up Jany. 1, 1797, Including Doers, bill, . . 450 88 



195 


90 


39 


87 


294 


13 


66 


88 


154 


14 


55 


29 


33 
6 


10 



330 



Resolves, 1796. — Januaby Session. 



Dolls. Cts. 

To Doer. A. Spoiford bill foi' his attendence on Wm. 

Conway, 12 40 

To the Town of Vinal Haven for supporting James Mor- 

riss in full up to the 1st of April 1796, ... 28 

To the Town of W. Spiingfield for supporting Sundry 

Paupers up to the 3rd of Jany. 1797, . . .156 28 

To the Town of Western for supporting Hannah Hay- 
ward & John Kean, up to the 1, Jany. 1797 & for 
maintaining John Wakely to October 10, 1796 In- 
cludincr Doer. Putnam's bill, . ..... 96 22 

To the Town of Walpole for supporting Parti'ick Han- 
eock, Jany. 6, & Salley Davis to Jany. 1st, 1797, in 
full, 154 15 

To Colo. Wade keejier of the house of Correetion in the 
County of Essex for supporting sundry Poor Com- 
mitted to said house in full up to Jany. 18, 1797, . 56 80 

To the Town of Westborough for supporting John 

Seuddamore up to the 11th of Feby. 1797, in full, . 83 18 

To the town of Weymouth for supporting Thos. Wallis 

up to Feby. 24, '97 73 15 

To the town of AVestfield, for Sui)port of Wm. Davis, 

to Jany. 2, 1797, in full, 91 

To the Town of York for supporting Cyrus Leonard, 
Mary Crocker, Elizah. Perkins and Wm. Kerswell & 
wife the two first to the 1st of Jany. 1797, the Latter 
to the 5th of Feby. 1797, in full, 176 02 



10891 24 



Expence of Militia. 

To James Ayers Adjt. for his se[r] vices in full to Jany. 

1797, 

To Joseph Bislings Adjt. in full up to Feby. 1797, . 

To Joseph Brigham Adjt. for his services in full to 

Feby. 1797 

To Benja. Blanchard Adjt. for his sei'viees in full to 

Feby. 1797, . . '. 

To Wm. Bull Adjt. in full for his Services up to Nov. 

1796, 

To David Boutell adjt. in full for his Services Jany. 

1797, ..." 

To Zaccheus Bartlet Adjt. in full for his Services Jan. 

1797, 

To William Bridge adjt. for services uj) to the 1st March 

1797 

To Elihu Cutler Adjt. in full for his service up to 

Feby. 1797 

To Seth Catlin Brig. Major for his Services in full to 

Feby. 1797, 

To Jonathan Chui-ch Adjt. in full for his services to 

Sept. 19, 1796, . . 

To Hartshorn Coney Adjt. in full for his Services to Octr. 

1796, 

To Jeremh. Clopp Brig. Mr. in full for his Services to 

Feb. 1797, 

To Wm. Donnison Esqr. Adjt. General in full for his 

Services up to January 1797, 



oils. cts. 


10 67 


14 


24 79 


25 02 


13 96 


25 67 


27 40 


30 00 


22 42 


32 50 


11 


57 17 


76 42 


633 



Resolves, 1796. — January Session. 



331 



To Jesse Deavenport Adjt. in full for his Services to 

Feby. 1797, 

To Russell Dewey Adjt. in full for his Services to Feby 

1797, 

To Stephen Dewey Brig. Majr. for his Services to Jany 

1797 

To Aledad Dickenson Brig. Majr. in full for his Servs 

to Jan. 1797, 

To Wm. Fisk Brig. Majr. in full for his services to Feb 

6, 1797 

To Lemuel Gates Adjt. in full for his Services up to 

Octr. 1796, 

To Caleb Hayward Adjt. for his services in full up to 

Feby. 14, 1797, 

To Timo. Hopkins Adjt. in full for his Services to Jany 

23,1797, . .' 

To Wm. Hinckly Adjt. in full for his Services to Jany 

1797 

To Hezekh. Hutchins Adjt. in full for his Service to 

Feb. 1797, ..." 

To Cyrus Hosmer adj. in full for his Services to Feb 

1797, ..." 

To Epaphs. Hoit Adjt. in full for his Services to Jany. 1797, 
To Wm. JeflFords Brig. Majr. in full for his service to 

March, 1797, 

To Wm. Jackson Brigr. Majr. in full for his se[r] vices 

up to Jan. 1797, 

To Seth Lincoln Adjt. in full for his Services to Feb. 

1797 

To John Meacham Adjt. in full for his Services to Dec. 

15, 1796, 

To Wm. Mansfield Adjt. in full for his Service to Feb. 

1796, 

To Jeremh. O'Brien Prsdt. of a Court Marshel for the 

expences of Said Court, 

To Thos. Phillips Brigade Major for his services to 

Jany. 1st. 1797, 

To Joseph Parker Brig. Major for his Services to Feby. 

1797, . . . . ' 

To Benja. Poor Adjt. in full for his Services to Jany. 

1797, 

To Ebenr. Pi'ay, Adj. in full for his Sei'vices to Novr. 

IL 1796, 

To John Punchard Adj. in full for his services to Feby. 

1797, 

To Nehemiah A. Parker Bi'ig. Majr. in full for his 

Serve, to Feby. 1797, 

To Levi Parker Adjt. in full for his Service up to Jan. 

1797, 

To Merrick Rice Brig. Maj. in full for his Service to 

Feby. 1797, 

To Elias Richardson to takeing care Military Stores 

Cambridge . . 

To Saml. M. Thayer Brig. Majr. in full for his service 

up to Feby. 1797, 

To Seth Tinkham Brig. Majr. in full to Feburay 1797, 

($19.77 being the expence of a Court of enquiry), 



oils. 


Cts. 


20 


50 


29 


28 


36 


87 


30 00 


35 


99 


9 


12 


10 50 


18 




11 


62 


32 


22 


22 07 
22 78 


51 


20 


35 


38 


16 


81 


28 


54 


6 


50 


44 


31 


38 


20 


37 


88 


17 


07 


24 


94 


12 


03 


39 


88 


26 




44 


55 


30 




54 


25 


52 


40 



332 



Resolves, 1796. — January Session. 



To Quinsey Thaxter Adjt. in full for his services up to 

Jany. 1797, 

To William Towner, Brigade Major, in full for service 

to Feby. 28, 1797, .... . . 

To John SiJooner adjt. in full for his Servic[e]s to Feb 

1797, 

To Henry Sw^eet Adjt. in full for his Service to Feby 

1797, 

To Geoe. Stanlv Adjt. in full for his service to Feby 

1797, . "■. 

To John Sai'gent adjt. in full for his Service to Jan. 17 

1797 

To Erastus Smith Adjt. in full for his Service to Jany 

1797, . . ; 

To Caleb Sylvester Adjt. in full for his Service to Feby 

21, 1797, . . ' . . ■ 

To Benjamin Leigh adjt. for services to March 1 1797 

in full, 

To Samson Woods Brig. Majr for the Expenc[e] of a 

Court Marshel 

Also for his Service as Inspector in full to Feby. 13 

1797, 

To Abel Wilder Adjt. in full for his Sei'vice to Jan 

1797, , . '. 

To Timo. Whiting Adjt. in full for his Services up to 

Jany. 1797, . . " 



Dolls. Cts. 

10 81 
24 60 

16 03 
15 88 
34 61 
18 74 

20 30 
15 30 
26 28 

120 55 
49 67 

21 75 

17 35 



2228 68 



Miscellaneous Expences. 

To Jona. Hastings for Postage on Letters in full up to 
Deer. 31st 1796 

To Samuel Laha keeper of the States Hospital on Rans- 
forth Island up to the 25th of Jany. 1797, . 

To the Estate of Abraham Foster for repairs in the 
State house, 

To Joseph Blake for Mason v\rork on Publick buildings, 

To Abraham Bigelow Clerk of the Court of Common 
Pleas in the County of Middlesex for Certain Ser- 
vic[e]s. Nov. 1790 

To Isaac Peierce Messenger to the Govr. & Council for 
fire vv^ood. Stationary &c. &c. supplied for the Secre- 
taries Office Council &c. after deducting Eighty 
dollars vphich he has received from the Treasurer, 

To Thomas Buckmar Dept. Sheriff for Services by order 
of the Attorney General, 

To Nathan Fuller for attendence before the Legislature 
in the Trial of Wm. Hunt, 

To the County Treasurer of Nantucket for money paid 
for the expence of an Inquisition in Said County, 

To James White, for Stationary, to March 3rd 1797, 

To Thomas Wallcut, for making out pay rolls. Tax 
bills and for other services to March the 6th 1797, 



Dolls. Cts. 

39 87 

44 45 

10 79 
7 33 

24 33 



22 


78 


9 




2 


33 


26 
111 


37 


34 00 



332 25 



Resolves, 1796. — January Session. 



333 



Printers Accts. 

To Isaiali Thomas for printing in full to Jan. 25, 1706, . 
To Richard Davidson for printing in full to Sept. 1796, . 
To Wm. Carlton for printing in full to Jany. 1797, 
To Young & Minns, in full for doing the Government's 
Printing to March 3rd 1797, 



Roll No. 36. 



E[a;] pence of State Paupers, . 
ditto of Militia, .... 
ditto of Miscellaneous Accounts, 
ditto of the Printing business, . 
ditto of Sheriff's Accounts, 



Dolls. 


Cts. 


70 




16 


67 


33 


33 



864 83 



984 83 



Sheriff^s Accts. 

Dolls, cts 
To Simon Larned Sheriff of the County of Berkshire 

up to Jany. 1st, 1797, 117 43 

To Ebenezer Mattoon Sheriff of the County of Hamjs- 

shire in full up to Jany. 1797 106 44 

To John Cooper Sheriff' of Washington for his services 

in full up to Nov. 16, 1796, 126 97 

To John Wait Sheriff of the County of Cumberland in 

full to Jany. 18, 1797, . 56 34 

To Joseph Dimmick Shei-iff of Barnstable in full to 

Jany. 1797, 26 66 

To Richard Hunewell Sheriff of the County of Hancock 

in full to Jany. 1797 163 68 

To Joseph Hosmer, Sherriff of the County of Middlesex, 

to March 1st 1797 in full, 22 64 



620 16 



Dolls. 


cts. 


10891 


24 


2228 


68 


332 


25 


984 83 


620 


16 



15057 16 



Eead and accepted, and thereupon 

Resolved, that his Excellency the Governor, with the 
advice of Council, be and he hereby is requested to issue 
his Warrant upon the Treasury, for the payment of the 
several persons and corporations borne on this Koll, the 
sums set against their names respectively, in full of their 
several accounts to the dates therein mentioned amount- 
ing in the whole to the sum of fifteen thousand and fifty 
seven dollars, and sixteen cents. March 10, 1797. 



334 Kesolves, 1796. — January Session. 



Chapter 75. 

RESOLVE ON THE PETITION OF POLLY GARDNER. 

On the Petition of Polly Gardner Administratrix on 
the estate of Peleg Gardner late of Bath in the County 
of Lincoln Deceased, and Guardian of Ruth Gardner only 
Daughter of said Deceased, praying for leave to sell about 
Fifty Acres of Land Situate in Brunswick in the County of 
Cumberland, part of said Deceased's estate, for the use 
and benefit of the said liuth. 

Resolved for reasons set forth in said Petition that the 
prayer thereof be granted, and that the said Polly Gardner 
in her said Capacity, be, and She hereby is, authorized 
& impowered to make sale of the said Fifty acres of 
land for the most the same will bring, and to make and 
execute a good and Sufficient deed or deeds thereof, to 
the purchaser, or purchasers, to pass the same. First giv- 
ins: Bond with Sufficient Sureties to the Judge of Probate 
for said County of Lincoln to account for the proceeds of 
said sale with Interest for the same agreeably to Law. 

March 10, 1797. 

Chapter 76. 

RESOLVE ON THE PETITION OF THOMAS FARRINGTON, DIS- 
CHARGING HIM FROM ARREST UNTIL FURTHER ORDER, 
DIRECTING THE TREASURER IN THIS CASE. 

On the petition of Thomas Farrington late Collector of 
Excise for the County of Sufiblk praying to be discharged 
from the ballance due to the Commonwealth. 

Resolved that the prayer of the petition be so far granted 
that the said Thomas Farrington be discharged from arrest 
and imprisonment until further order of the General Court, 
and the Treasurer is directed to govern himself accord- 
ingly ; but this Resolve shall not be construed in any man- 
ner to discharge the said Farrington from the aforesaid 
ballance. March 10, 1797. 

Chapter 77. 

RESOLVE ON THE PETITION OF ROBERT HALLOWELL, DIRECTING 
THE TREASURER TO SELL HIM THE LAND MENTIONED, 

Whereas Robert Hallowell has Petitioned this Common- 
wealth to relinquish Their Right to a 72d part of Certain 



Resolves, 1796. — January Session. 335 

Lands in the County of Lincoln, being in Common with 
the Petitioner — which was Benjamin Hallowells Share & 
Conliscated : 

Resolved that the Treasurer of tliis Commonwealth be 
and hereby is Authorized and directd. to Contract with the 
said Kobert Hallo well & Sell him the 7 2d Undivided part 
of said Lands belonging to the Commonwealth For a reason- 
able price all Circumstances Considered & Give him a deed 
for the Same. March 10, 1797. 

Chapter 78. 

RESOLVE DIRECTING THE TREASURER TO CONTRACT FOR THE 
SUPPLIES OF THE GARRISON AND CONVICTS ON CASTLE 
ISLAND, AND AUTHORISING THE QUARTER MASTER GENERAL 
TO ERECT A BUILDING THERE. 

Resolved, That the Treasurer of this Commonwealth, 
be and hereby is authorized and directed to contract for 
supplying the garrison and convicts on Castle-Island, with 
provision & clothing for the term of one year, commenc- 
ing the first day of April 1797, on terms most advanta- 
geous to Government ; and that he cause public notice to be 
given in the Mercury, three weeks successively, before 
his entering into such contract, that he shall recieve pro- 
posals from any person or persons disposed to make the 
same, under seal, and shall require bond with good and 
sufficient surety in the sum of one thousand dollars, from 
the Contractor or Contractors, for the faithful discharge 
of their duty ; and said contract shall allow the same 
articles of provision and cloathing to the garrison and con- 
victs, as are specified in the contracts made in the Year 
1792 — Also that four per centum on the bread, and two 
per centum on the meat issued, be allowed to make good 
the wastage necessarily arising in the dividing & weighing 
them out, and that the vegetables be delivered weekly as 
near as may be, and that one quart of Spruce beer be 
allowed pr. Day to each of the Convicts, or molasses 
equivalent thereto. 

And it is further Resolved, That the Quarter Master 
General be, and he is hereby authorized & directed, to 
errect a suitable building on Castle Island, twenty four 
feet by twenty feet, and nine feet Stud, with a Chimny 
in the same, for the purpose of Cooking for the Convicts, 
the expence of said f said] building not to Exceed the Sum 
of Two hundred dollars. March 10, 1797. 



336 Resolves, 1796. — January Session. 



Chapter 79. 

RESOLVE DIRECTING THE TREASURER TO ISSUE HIS WARRANT 
TO THE ASSESSORS OF STOUGHTON AND CANTON, FOR THEIR 
PROPORTION OF TAXES. 

Whereas by an act passed the present session of the 
General Court, the town of Stoiighton is assessed the sum 
of four hundred, ninety five dollars and sixty nine cents 
and the additional sum of sixty six dollars for Representa- 
tives pay, and whereas by another act passed since the 
act first mentioned the said town of Stoughton is divided 
& a part thereof incorporated into a town by the name of 
Canton : 

Resolved that the Treasurer of the Commonwealth be 
and hereby is directed to Issue a warrant directed to the 
Assessors of Stoughton requiring them to Assess the sum 
of two hundred & eleven dollars sixty four cents being 
the proportion said town of Stoughton is to pay of said 
tax and also to assess the sum of twenty eight dollars, 
eighteen cents being said towns proportion of representa- 
tives pay and shall in like manner Issue his warrant to the 
Selectmen or assessors of Canton requiring them to assess 
the residue of the sum placed to the town of Stoughton in 
the tax act passed the present session — and the Assessors 
of the said towns of Stoughton & Canton shall respectively 
assess the same and return certificates of said assessment 
to the Treasurers office & the inhabitants of said Towns 
be held to pay the sums herein mentioned as their pro- 
portion of said tax at the same time & in the same manner 
as if the said Towns were particularly mentioned & as- 
sessed their respective proportions in said act. 

March 10, 1797. 

Chapter 80. 

RESOLVE ON THE PETITION OF EBENEZER SMITH. 

On the Petition of Ebenezer Smith shewing that by a 
forged order three Treasurers notes made payable to him 
for his services as a Capt. in the sixth Massachusetts 
Regt. in the year eighty amounting to the sum of £.97 1 
were drawn from the treasury to his injury & praying 
for relief. 

Resolved that the pra3^er thereof be granted, & the 
Treasurer is hereby directed to issue his certificate pay- 



Resolves, 1796. — January Session. 337 

able to the said Ebenezer Smith or bearer for the amount 
of the sums of said three notes so made payable to the said 
Ebenezr with the interest thereof from January AD 1782. 

March 11, 1797. 

Chapter 81. 

RESOLVE RECOMMENDING THE PEOPLE OF THIS COMMON- 
WEALTH TO ADOPT THE MOURNING ESTABLISHED DURING 
THE REVOLUTION OF THE UNITED STATES. 

Whereas the good people of the United States during 
the Revolution, did, among other patriotic establishments, 
in order to promote economy, and to introduce and per- 
petuate a national badge for mourning dress, suitable to 
the dignity of their Independence, agreed, that men should 
wear a piece of black silk or crape upon the left arm, and 
women wear a black ribbon on the head ; and that no 
other token for mourning should be worn ; and whereas 
it appears that this wise establishment is not sufficiently 
attended to at the present time : 

Resolved, by the Senate and House of Representatives, 
in General Court assembled. That it be and hereby is 
recommended to all the good people of this Commonwealth 
to adopt and per[j9e]tuate the national mourning dress, 
before mentioned, that the property of the citizens may 
not be wasted in purchasing useless manufactures, and 
the national character degraded by copying injurious ex- 
amples ; that with other pure republican principles and 
manners established during the Revolution, this may de- 
scend to posterity and contribute to the ornament and 
support of Independence. 

Resolved, that the Selectmen of every town, and district, 
in this Commonwealth cause the foregoing Resolve to be 
read in their annual May meeting for the choice of Repre- 
sentative. March 11,1797. 

Chapter 83. 

RESOLVE FOR PAYING DANIEL COWING, ASSISTANT TO THE 
MESSENGER OF THE GENERAL COURT. 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth to Daniel Cowing, assist- 
ant to the Messenger of the Genl. Court seventy three 
dollars & thirty three cents in full for his services two 
days the last, and the whole of the present session. 

March 11, 1797. 



338 Resolves, 1796. — January Session. 



Chapter 83. 

RESOLVE ESTABLISHING THE PAY OF THE ASSISTANT CLERK 
OF THE SENATE. 

Resolved, that there be allowed and paid out of the 
Treasury of this Commonwealth, to Edward P. Hayman, 
Assistant Clerk to the Senate, the sum of one hundred & 
ten dollars, in full for his services the present Session of 
the General Court. March 11, 1797. 

Chapter 84. 

RESOLVE GRANTING TO THE CHAPLAIN AND THE CLERKS OF 
THE SENATE AND HOUSE OF REPRESENTATIVES PAY FOR 
THEIR SERVICES. 

Resolved that there be allowed & paid out of the Treas- 
ury of this Commonwealth to the Revd. Peter Thacher, 
Chaplain of the two Houses Sixty Dollars — To Mr. Edward 
McLane Clerk of the Senate Two hundred & fifty Dollars 
& to Henry Warren Esq. Clerk of the House of Represent- 
atives Two hundred & fifty Dollars in full for their services 
respectively 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 Members of the General Court are paid for their 
services the present year. March 11, 1797. 

Chapter 85. 

RESOLVE ON THE PETITION OF APOLLOS HITCHCOCK, WITH 
DIRECTIONS TO THE COMMITTEE FOR THE SALE OF EASTERN 
LANDS. 

On the Petition of Apollos Hitchcock, praying that he 
may have a Deed of Four Townships of Land, which he 
purchased of this Commonwealth in the year 1793. 

Resolved that the Prayer of the Petition be so far 
granted, that the Committee for the sale of Eastern Lands 
be & they hereby are authorized & directed to make & exe- 
cute a good & sufficient Deed of two of said Townships 
viz. Number One in the fourth range & number One in 
the fifth range, to the said Apollos Hit[c]hcock upon his 
paying into the Treasury of this Commonwealth the sum 
of Three thousand Dollars & giving good & sufficient 
security for fulfilling his contract respecting said two 
Townships. March 11, 1797. 



Kesolves, 1796. — January Session. 339 

Chapter 86. 

RESOLVE FOR CARRYING OUT AGREEMENT WITH PENOBSCOT IN- 
DIANS, AND DIRECTIONS TO THE QUARTER MASTER GENERAL. 

Whereas the Commissioners lately appointed to treat 
with the Penobscot tribe of Indians for a relinquishment 
of their claims to lands lying on both sides of Penobscot 
river — did on the eighth day of August last in considera- 
tion of the said Indians' relinquishment of their claims to a 
certain tract of land on said river, among other things 
covenant and agree in behalf of this Commonwealth as 
follows to wit. 

"And the said Commissioners do further promise, 
agree and engage for and in behalf of the said Common- 
wealth, that the said Commonwealth shall deliver hereafter 
in each and every year to said Tribe of Indians at or near 
the mouth of said Kenduskeeg so long as they shall con- 
tinue to be a nation, and shall live within this Common- 
wealth, the following articles, vizt. Three hundred bushels 
of good indian corn — fifty pounds of powder — two hun- 
dred pounds of shot, and seventy five yards of good blue 
cloth for blankets ; — and that the same articles shall be de- 
livered at the times following, vizt. one hundred bushels 
of corn on or before the first day of May annually, begin- 
ning on the first day of May next, and the other two hun- 
dred bushels of corn, with the said other articles on or 
before the tenth day of October annually, beginning on 
the tenth day of October, in the year of our Lord, one 
thousand, seven hundred and ninety seven." — and where- 
as it is necessary to make some general provision to carry 
the aforesaid covenant and agreement into efiect from time 
to time according to the true intent and meaning thereof — 
therefore 

Resolved, that it be and is hereby made the duty of the 
Quarter Master General of this Commonwealth from time 
to time till the further order of the General Court to 
cause to be procured and delivered all the said articles to 
the said Indians according to the true intent and meaning 
of the said agreement before recited — and the said 
Quarter Master General is accordingly hereby impowered 
seasonably, in each year, to procure the said articles as 
they shall be wanted ; and to cause them to be delivered 
as aforesaid ; and from time to time to lay his estimates 
before the General Court in order that the necessary sums 
of money be granted for that purpose. March 11, 1797. 



340 Resolves, 1796. — January Session. 



Chapter 87. 

RESOLVE ON THE PETITION OF SARAH STEVENS, EMPOWERING 
HER TO SELL THE REAL ESTATE MENTIONED, SHE GIVING 
BOND. 

On the Petition of Sarah Stevens of Concord in the 
County of Rockingham & State of New Hampshire 
Administratrix upon the Goods & Chattells, Rights & 
Credits which were of John Stevens late of said Concord 
deceased praying that she might be empowered to sell 
Eight Thousand Acres of Wild & unimproved Land in 
Pennicook in the District of Maine in this Commonwealth 
to discharge & answer the Debts & Demands against 
said Estate, there not being Personal Estate of said deceased 
sufficient therefor. 

Resolved, That the said Sarah Stevens in her said 
Capacity, be, & hereby is empowered to sell & dispose 
of the Real Estate aforesaid in Pennicook aforesd. by 
publick or private Sale as may be most advantageous & to 
make good & sufficient Deed or Deeds thereof to any pur- 
chaser or purchasers. The said Sarah Stevens in her said 
Capacity first giving Bond with Sufficient Surety or Sure- 
ties to the Judge of Probate of said County of Rocking- 
ham to apply part or the whole of the proceeds of the 
Sales of said Real Estate, if necessary, to the payment & 
discharge of the Debts & Demands aforesaid, & to 
account for the overplus of said Proceeds, if any, after the 
payment of the Debts aforesaid, agreably to Law. 

March 11, 1797* 

Chapter SS. 

RESOLVE ON THE PETITION OF LOAMMI BALDWIN, AND DIRECT- 
ING THE TREASURER IN THAT CASE. 

On the petition of Loammi Baldwin Esq. praying that 
his Account as Sherriff of the County of Middlesex may 
be examined and that he may be discharged from the 
Books of the Treasury. 

Resolved, That the Treasurer of this Commonwealth be 
and he hereby is authorized and impowered to adjust and 
settle all the Accounts between this Commonwealth and 
the said Loammi Baldwin in his capacity as Sheriff afore- 
said and correct any real mistake which may appear in the 

* Not signed by the governor. 



Resolves, 1796. — January Session. 341 

Treasurer Books and close the Account upon the princi- 
ples of Justice ; and in case of disagreement the Treasurer 
is further authorized to agree upon three impartial and 
discreet persons to whom all the Accounts subsisting 
between the Commonwealth and said Loammi in the 
capacity aforesaid shall be submitted for examination and 
Settlement and the persons agreed upon by the Treasurer 
and said Baldwin for the purpose aforesaid shall have full 
authority to examine adjust and finally settle all the ac- 
counts between the Commonwealth and the said Baldwin 
in his capacity as Sherrif aforesaid. March 11, 1797. 

Chapter 89. 

RESOLVE ON THE PETITION OF MA J. JOHN BROWN, AUTHORIZING 
THE GOVERNOR TO RAISE A TROOP OF CAVALRY. 

On the petition of John Brown. 

Resolved that the Governor with the consent of Council 
be and he hereby is authorized and empowed to raise a 
troop of Cavalry in the first Brigade and third Division of 
the Militia of this Commonwealth ; to be raised officered 
and governed in the same manner as is, or may by Law 
be provided for the raising and government of similar 
Corps & to be annexed to the squadron now under the com- 
mand of Major John Brown. March 11, 1797.* 

* Not signed by the governor. 



ACTS 



AND 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS. 



BOSTON : 

Printed by YOUNG & MINNS, 

Printers to the Honorable the General Court of the Commonwealth, 
AT their Printing Office, State Street. 

M,DCC,XCVII. 



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 TUESDAY, THE THIRTY-FIRST DAY OF 
MAY, ANNO DOMINI, 1797. 



1797 — Chapter 1. 

[May Session, ch. 1.] 

AN ACT TO ALTER THE NAME OF THE TOWN OF HARRINGTON 
IN THE COUNTY OF LINCOLN AND TO DESIGNATE THE PAR- 
ISHES IN SAID TOWN. 

Sect 1st. Be it enacted hy the Senate and House 
of Representatives in General Court assembled and by the 
authority of the same that the Town of Harrington in the Name altered. 
County of Lincoln shall hereafter be known and called by 
the Name of Augusta. 

Sect 2d. Be it further enacted that the parishes in- Parishes 
corporated by the Names of the middle parish in Hallo well ®*'^°"'^ • 
and the North parish in Hallowell shall hereafter be 
designated as follows vizt. The aforesaid Middle parish 
shall be known and called by the name of the South 
parish in Augusta and the aforesaid North parish shall be 
known & called by the Name of the North Parish in 
Augusta. Approved June 9, 1797. 

1797. — Chapter 2, 

,[May Session, ch. 2.] 

AN ACT TO CHANGE THE NAME OF JAMES CODY, TO THE NAME 
OF JAMES CODY APTHORP. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority 
of the same. That from and after the passing this Act, Name altered. 
James Cody of Partridgefield in the County of Berkshire, 
be & he hereby is authorized and allowed to take use and 
bear the Name of James Cody Apthorp, and by that name 
to be forever hereafter known & called in all processes & 
records whatsoever. Approved June 9, 1797. 



346 



Acts, 1797. — Chapter 3. 



permitted to be 
taken 



1797. — Chapter 3. 

[May Session, ch. 3.] 

AN ACT TO PREVENT THE DESTRUCTION OF THE EEL FISHERY 
IN THE TOWN OF ORLEANS IN THE COUNTY OF BARN- 
STABLE, AND TO PRESERVE AND REGULATE THE SAME IN 
THE SEVERAL COVES AND SALT PONDS WITHIN THE SAID 
TOWN. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Number of Eels authority of the same; That from and after the first day 
of September next, it shall not be Lawful for any person 
to take from any of the Coves and Salt Ponds in the 
Town of Orleans more than three dozen of Eels on any 
one day, without a permit in writing from the Major part 
of the Selectmen of said Town, expressing the quantity 
permitted to be taken ; and every person who shall take 
any of said Eels from any of said Coves, and Salt Ponds 
exceeding the number of three dozen in any one day 
without such permit, shall forfiet and pay for each and 
every additional dozen so taken the Sum of Twenty five 
Cents. 

Sect. 2d. Be it further enacted, that if any Boat or 
Craft shall be found within the Limits of any of the said 
Coves or Salt Ponds with any more Eels on board, than 
this act allows to be taken for each person on board on 
any one day, or, than they are authorized to take by a 
permit from the Selectmen aforesaid, it shall be the duty 
of such person or persons as shall be chosen by the said 
Town of Orleans to see to the Execution of this Law, to 
seize on such Boat or Craft & detain the same, not ex- 
ceeding forty eight hours, in order that the same be 
attached or arrested by due process of Law, and made 
answerable for said fines and forfietures with Cost of suit ; 
Provided however, that as soon as the Owner or Master 
of such boat or Craft shall pay such fines & forfeitures to 
the Treasurer of said Town, if he shall pay the same 
before being sued, such boat or craft shall be discharged 
with the eflfects therein. 

Sect. 3d. Be it further enacted. That the said Town 
of Orleans are hereby authorized to choose annually such 
number of Fish Wardens as they may Judge necessary, 
who shall be sworn to the faithful discharge of their 
duty ; whose duty it shall be, to prosecute for all offences 



Boats may be 
detained. 



Proviso. 



Fish wardens to 
be appointed. 



Acts, 1797. — Chapter 4. 347 

against this Act ; And all fines & fortietures that shall be 
incured by virtue thereof shall be one half to the use of 
him or them who shall sue for the same, and the other 
half to the use of the said Town of Orleans ; and the same 
shall be recovered with Legal costs of suit by an Action 
of Debt in any Court proper to try the same. 

Approved June 17, 1797. 

1797. — Chapter 4. 

[May Session, ch. 4.] 

AN ACT TO INCORPORATE PLANTATION NUMBER FIVE, WEST OF 
MACHIAS IN THE COUNTY OF WASHINGTON, INTO A TOWN BY 
THE NAME OF HARRINGTON. 

Sect 1st. Be it enacted by the Sejiate and House of 
Representatives in General Court assembled, and by the 
authority of the same, that plantation Number five, in the Boundaries. 
County of Washington, bounded as followeth, vizt. begin- 
ning at the northeast corner of the Town of Steuben ; 
from thence running east seven miles and one half to the 
northwest corner of the Town of Addison ; from thence 
South to pleasant River ; from thence by the shore, round 
the several bays, and inlets, according to the dilSerent 
courses untill it intersects the North & South line, on the 
east side of Narraguagus River, which forms the easterly 
bounds of the Town of Steuben, and Westerly bounds of 
Plantation Number five ; from thence running south, over 
said Narraguagus river until it strikes the Salt water near 
Pigeon Hill, so called, and also running north from the 
said Eastern side of Narraguagus River, to the first men- 
tioned bounds, including the several Islands hereafter 
named, vizt. Bobear Island, Pond Island, Trafton's 
Island, Jordan's delight. Dyer's Island, Knox's Island, 
Flint Island, Gourd Island, Strout's Island, ship stern 
four acre Island, with one other small Island, near Traf- 
ton's Island, with the Inhabitants thereon, be and they jSamngton 
hereby are incorporated into a Town by the name of Har- ^°'=°''p'^'''*'^^- 
rington ; And the said Town is hereby vested wnth all the 
powers, privileges and immunities which other towns in 
this Commonwealth do or may by Law enjoy. 

Sect 2d. Be it further enacted that Alexander First meeting. 
Campbell Esqr. be and hereby is impowered to issue his 
w^arrant directed to some suitable Inhabitant within said 
Town requiring him to warn a meeting of the Inhabitants 



348 



Acts, 1797. — Chapters 5, 6. 



thereof, at such time and place as shall be expressed in 
said warrant, for the purpose of choosing such Town offi- 
cers as other Towns are impowered to choose in the 
Months of March or April annually. 

Approved June 17, 1797. 



Treasurer to 
be chosen. 



1797. — Chapter 5. 

[May Session, ch. 5.] 

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT, TO IN- 
CORPORATE THE CONGREGATIONAL SOCIETY IN THE TOWN 
OF NORTON, INTO A DISTINCT PARISH & ALSO TO INCORPO- 
RATE A COMMITTEE OF THE SAID' SOCIETY FOR CERTAIN 
PURPOSES, PASSED MARCH FOURTH ONE THOUSAND SEVEN 
HUNDRED & EIGHTY THREE." 

Segtn. 1. Be it Enacted hy the Senate and House of 
Representatives, in General Court Assembled aiid by the 
authority of the same, that the said Parish be & hereby 
are authorized & empowered at any legal meeting thereof, 
to be holden in the Month of March annually, to choose 
some suitable person to be Treasurer for the Trustees of 
the said Parish, and the person so chosen shall give Bond 
at the discretion of the said trustees for the faithfull per- 
formance of his duty. 

Sectn. 2d. And be it further enacted, that the Treas- 
urer (for the time being) chosen & qualified as aforesaid 
shall be impowered, to receive for the use of the said 
Parish, all Monies, & Securities for money belonging to 
said Parish, any thing in the Act to which this is in addi- 
tion to the contrary notwithstanding. 

Approved June 17, 1797. 



Toll estab- 
lished. 



Rate. 



1797. — Chapter 6. 

[May Session, ch. 6.] 

AN ACT FOR ESTABLISHING THE RATES OF TOLL AT THE PA- 
TUCKETT CANAL, AND FOR OTHER PURPOSES. 

Sect. 1 . Be it Enacted by the Senate and House of Rep- 
resentatives in General Court assembled and by the author- 
ity of the same, that from and after the passing of this Act, 
the following Toll be and hereby is granted to the pro- 
prietors of the Locks and Canals on Merrimack River, for 
passing the Locks, Canals and Passageways at Wickasie 
and Patucket Falls, to be received at Patuckett — viz., — 
For every thousand feet of pine Boards, fifty Cents ; for 



Acts, 1797. — Chapter 7. 349 

ever}' thousand feet of two and an half inch pine Plank, 
one Dollar & twenty five cents — and other pine plank in 
proportion thereto ; For every thousand feet of two & 
an[dj half inch Oak plank, Two Dollars and fifty cents, 
and other Oak Plank in pro})ortion thereto ; for every Cord 
of Pine Wood, twenty cents ; for every Cord of other 
wood twenty-five cents ; for every thousand of Barrel 
Staves, fifty cents ; for every thousand of Hogshead 
Staves, ninety cents ; for every thousand of Pipe Staves, 
one Dollar & twenty-five cents ; for every Ton of Oak 
Timber, Thirty seven & an half cents ; for every ton of 
pine timber, twenty Cents ; for every Boat or other Vessel, 
at the rate of Twent3^-five cents for every ton Burthen it is 
capable of conveying, whether loaded or not ; for every 
Mast, at the rate of seventeen Cents for every inch of the 
Diameter thereof, at one third the leno-th at the laro;est 
end ; and for all articles not enumerated, in proportion to 
the rates aforesaid; Provided nevertheless^ that the said P""""*"- 
rate of Toll shall be subject to the direction of the Legis- 
lature after thirty Years from the passing of this Act. 

Sect. 2. And he it further Enacted hy the authority 
aforesaid, that whenever the Toll Gatherer shall estimate case of dispute 
the Quantity of Luml^er contained in any Raft, higher than of lumber. 
the Owner or Manager of such raft, the Toll Gatherer 
shall cause the same to be surveyed by a sworn surveyor ; 
and if upon such Survey it shall appear that there is in 
such Raft a greater quantity than w^as declared by the 
Owner thereof, the expence of such survey shall be paid 
by the Owner, in addition to the Toll ; otherwise such 
Expence shall be deducted from the Toll. 

Sect. 3. Be it further Enacted, that so much of the Former toii 
Act incorporating the said Proprietors as regulates the *°°" 
rate of Toll for passing the Locks, Canals & Passageways 
at Wickasie & Patucket Falls, be and hereby is repealed. 

Ajyproved June 17, 1797. 

1797. — Chapter 7. 

^ [May SeeeioD, ch. 7.] 

AN ACT TO PREVENT THE CATCHING FISH WITH SEINES IN 
FRESH POND (SO CALLED) IN THE TOWNS OF CAMBRIDGE & 
WATERTOWN. 

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



350 Acts, 1797. — Chapters 8, 9. 

fiu^hTwitV^ that from and after the passing this Act it shall not be law- 
seines in ful to catch any Fish with Seines in Fresh Pond ("so called) 

Frcsli DODd 

situate in the Towns of Cambridge & Watertown ; & any 
Person who shall be found so catching Fish or who shall 
use a Seine in the same Pond in any manner whatsoever, 
Penalty. shall for eacli Offence forfeit a Sum not exceeding fifty nor 

less than five Dollars ; to be recovered by an Action of 
the case to the use of the Person who shall sue for the 
same. June 17,1797 * 

1797. — Chapter 8. 

[May Session, ch. 8.] 

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT ESTABLISH- 
ING THE THIRD MASSACHUSETTS TURNPIKE CORPORATION." 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
Logs, &c. not to the same, that if any person shall draw any log, tree, or 
out carriage or stick of Timber ou or over the road made by said Corpo- 
jan. o'^'^Feb.*" ration, except in the months of January & February, un- 
less such log, tree, or stick of Timber is loaded on a cart 
or sled, or one End thereof is raised on a sled, cart or 
other suitable carriage, he shall forfeit and pay to the said 
Corporation fifty Cents for every log, tree or stick of Tim- 
ber so drawn, to be recovered in an Action of Debt. 

Approved June 17, 1797. 

1797— Chapter 9. 

[May Session, ch. 9.] 

AN ACT TO ERECT DERBY SCHOOL IN THE NORTH PARISH IN 
HINGHAM INTO AN ACADEMY BY THE NAME OF DERBY 
ACADEMY. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
Derby the Same, That the School established in the North parish 

estabilTb^ed. in Hiugham by the name of Derby School, by "an Act 
entitled an Act for establishing a School in the North 
parish in Hingham, by the name of Derby School, and for 
appointing and incorporating Trustees of the said School," 
passed the eleventh day of November in the year of our 
Lord seventeen hundred & eighty four, be and hereby is 
made ilnd erected into an Academy by the name of Derby 

* Date of approval not given. 



Acts, 1797. — Chapter 10. 351 

Academy ; And the Trustees named & incorporated in the 
Act aforesaid, & their successors forever shall be bound to 
perform all the duties required in said act, of the Trustees 
of Derby School, & may sue & be sued, & shall hold, en- 
joy & exercise, all the interest, rights, privileges & im- 
munities which were or might have been held, enjoyed & 
exercised by and were secured to the Trustees of said 
School by the aforesaid Act, in the same manner & to all 
intents & purposes as they would have, had not the said 
School been erected into an Academy. 

Ap2J'>'oved June 17, 1797. 

1797. — Chapter 10. 

[May Session, ch. 10.] 

AN ACT TO INCORPORATE THE SOUTH ELEVEN THOUSAND 
ACRES, so CALLED, IN THE COUNTY OF BERKSHIRE, INTO A 
DISTRICT BY THE NAME OF SOUTHFIELD. 

Sect. 1st. Be it enacted hy the Senate <& House of 
Iiej)resenfatives in General Court assembled & hy the au- 
thority of the same, that the South Eleven thousand Acres, southtieid 
so called, in the County of Berkshire & included within ""^"""p"'^® 
the boundaries hereafter described (Viz) bounded North 
on Sandistield West on Newmarlborough East on Gran- 
ville & South on Connecticut State line, together with the 
Inhabitants thereon, be & they hereby are incorporated 
into a district by the name of Southtieid ; & the inhabi- 
tants of the said district are hereby Invested with all the 
powers, previliges & immunities, that Districts in this 
Commonwealth, do or may by law enjoy. 

Sect. 2d. Be it further enacted that Drake Mills Esq. First meeting. 
be & hereby is impowered to issue his Warrant to some 
principal Inhabitant of the said District of Southtieid, 
directing him to warn the Inhabitants thereof, to assemble 
at some convenient time & place in the said district, to 
chuse all such officers as by law are to be chosen in dis- 
tricts, in the Month of March or April annually. 

Sect. 3d. And be it further enacted that the inhabi- Rep'l^genlaUve 
tants of said district, qualitied as the Constitution provides, ^j{^ sandis- 
shall have a right to join with the inhabitants of the town 
of Sandistield in choosing a representative to the General 
Court of this Commonwealth so long as it shall continue 
to be a district. Approved June 19, 1797. 



352 



Acts, 1797. — Chapter 11. 



Persons incor- 
porated. 



Corporate 
name. 



How to become 
a member. 



1797. — Chapter 11. 

[May Session, ch. 11.] 

AN ACT TO INCORPORATE A NUMBER OF INHABITANTS OF WOOL- 
WICH AND BOWDOINHAM IN THE COUNTY OF LINCOLN, INTO 
A SOCIETY BY THE NAME OF THE BAPTIST SOCIETY IN WOOL- 
WICH AND BOWDOINHAM. 

Sect. 1st. Be it enacted hy the Senate and House of 
Representatives in General Court assembled, S hy the 
Authority of the same, That Seth Hathorne, Samuel Stin- 
son, Joshua Bay ley, Charles Curtis, William Hathorne, 
Thomas Dinsmore, junr. William Whitmore, Joshua Bay- 
ley junr., Joseph Brookins, Benjamin Bayley, John Shaw, 
Daniel Card, Josiah Brook jr. Joseph Lankester, Charles 
Curtis jur. John White jur. John Brookins, Moses Wey- 
mouth, Susannah Blanchard, Robert Hanson, Nathaniel 
Williams, George Thomas junr., George Maxwell, Joseph 
Dinslow, James Purrington, Thomas Dinsmore James 
Baker, Zeblon Preble junr. John Dinsmore, Jacob Ha- 
thorne, Robert Jack, Robert Spear, Joseph Ross, John 
Springer, Ziba Eaton, Seth Macombie, Daniel Ross, 
James Mily, Elijah Patterson, Thomas Springer, Joseph 
Sedgely Samuel Stockman Elijah Pratt, Jedediah Adams, 
William Whitmore, James Baker, Members of a Religious 
Society together with their Polls & Estates be & they 
hereby are incorporated by the name of the Baptist Soci- 
ety in Woolwich & Bowdoinham with all the privileges, 
powers & immunities which Parishes in this Common- 
wealth are by law intitled to. 

Sect. 2d. Be it further enacted, that* any & every 
person in the Town of Woolwich or Bowdoinham in the 
County of Lincoln, being of the Baptist denomination who 
may at any time hereafter actually become a member of 
& unite in religious Worship with said Society in Wool- 
wich & Bowdoinham, & give in his or her name to the 
Clerk of the Town or Parish to which he or she belongs, 
with a certificate signed by the Minister or Clerk of said 
Society, that he or she has actually become a member of 
& united in religious worship with said Society in Wool- 
wich and Bowdoinham fourteen days previous to the Town 
or Parish Meetings therein to be held in the Month of 
March or April annually, shall from &, after giving such 
Certificate with his or her Polls & Estates be considered 
as a member of said Society. Provided however that 



Acts, 1797. — Chapter 12. 353 

such person shall be held to pay his proportion of all 
money assessed in the Town or Parish to which he or she 
belonged previous to that time. 

Sect. 3d. Be it further Enacted that when any mem- now to leave 
ber of said Baptist bociety shall see cause to leave the 
same, and unite in religious Worship with any other 
religious Society, and shall give in his or her name to 
the Clerk of the said Baptist Religious Society with a cer- 
tificate signed l)y the Minister or Clerk of the parish or 
other incorporate religious Society with which he or she 
may unite, that he or she has actually become a member 
of & united in religious worship with such other parish or 
other incorporate religious Society fourteen days previous 
to their meeting in March or April & shall pay his or her 
proportion of all money assessed in said Society previous 
thereto, such person shall from & after giving such certifi- 
cate with his or her Polls & Estates be considered as mem- 
bers of the Society to which he or she has so united. 

Sect. 4. Be it further enacted that Francis Winter First meeting. 
Esq. be & he hereby is authorised to issue his warrant 
directed to some principal member of said Society requir- 
ing him to notify all the members thereof qualified to vote 
in parish affairs to assemble at some suitable time & place 
in said Town of Bowdoinham to choose such parish ofiicers 
as parishes are by law required to choose, in the Month 
of March or April annually, & to transact all other matters 
& things necessary to be done in said Society. 

Approved June 20, 1797. 

1797. — Chapter 13. 

[May Session, ch. 12.] 

AN ACT FOR INCORPORATING A NUMBER OF THE INHABITANTS 

. OF NORTH YARMOUTH AND FREEPORT IN THE COUNTY OF 

CUMBERLAND INTO A DISTINCT AND SEPERATE RELIGIOUS 

SOCIETY, BY THE NAME OF THE BAPTIST RELIGIOUS SOCIETY 

IN NORTH YARMOUTH AND FREEPORT. 

Sect. 1. Be it Enacted hij the Senate and House of 
Representatives in General Qourt assembled & by the au- 
thority of the same, that Ebenezer Collis, John Thomas, Persons incor- 
John Merril, Samuel Stubbs, Nathan Wesson, Oliver p"'" ^^ ' 
Byram, John Drinkwater, James Field, Samuel York, 
Sherbi Pratt, Hezekiah Corlis, Joshua Corlis, Winthrop 
Boston, David Drinkwater, William True, Thomas Cbace, 
John Millikin, Joseph Banks, David True, Jacob Brown, 



354 



Acts, 1797. — Chapter 12. 



Corporate 
name. 



How to become 
a member. 



How to leave 
Society. 



Samuel Thompson, William Mitchell, Josiah Cummings, 
Thomas Wenthworth, Seth Mitchell junr. Comfort Videto, 
Stephen Blasdell, Alexander Mills, Jeremiah Stubbs John 
Sargent, Nathl. Gooch, Hiram Hatch, William Chace junr. 
Samuel Merril, Samuel Larrabee, eTohn Brown, Moses 
Merril, Lemuel Tuck, Joseph Videto, Enoch Harvey, Israel 
True, Members of the said Religious Society, with their 
polls and Estates be and they are hereby incorporated by 
the name of the Baptist Religious Society in North Yar- 
mouth & Freeport, with all the Privileges, Powers & Im- 
munities which other Parishes or Religious Societies in 
this Commonwealth are by law entitled to. 

Sect. 2. A7id be it further Enacted, that any person 
who may hereafter actually become a Member of & unite 
in Religious Worship with the said Baptist Society, and 
give in his or her name to the Clerk of either of the 
Parishes in said Towns of North Yarmouth or Freeport, 
to which he or she may belong, with a Certificate signed 
by the Minister or Clerk of the said Baptist Society, that 
he or she hath actually become a member of and united in 
Religious Worship with said Baptist Society, fourteen 
days previous to the Parish Meeting to be holden in the 
Month of March or April annually, shall from and after 
giving such Certificate, be considered with his or their polls 
and estates, as Members of, & belonging to said Baptist 
Society : Provided hoivever, that all such Persons shall be 
holden to pay their proportion of all monies assessed in 
the Parish to which they belonged previous to that time. 

Sect. 3. Be it further Enacted, that when any Mem- 
ber of said Baptist Society shall see cause or be inclined 
to leave said Society and join in Religious Worship W'ith 
any other Society in either of the Towns of North Yar- 
mouth or Freeport aforesaid, and shall leave a Certificate 
wdth the Clerk of the Baptist Society aforesaid, signed hj 
the Minister or Clerk of either of the Parishes, that he or 
she hath actually become a Member of and united in Re- 
ligious Worship with said parish or Religious Society, 
fourteen Daj^s previous to their annual Meeting holden in 
the month of March or April, and shall pay his or her 
proportion of all monies voted in said Baptist Society, to 
be raised jjrevious thereto, such person, shall, from and 
after giving such Certificate, with his or her polls and 
estate, be considered as a Member of the Society to which 
he or she hath so united. 



Acts, 1797. — Chapters 13, 14. 355 

Sect. 4. And be it further Enacted that William Mar- First meeting. 
tin Esqr. be, and he is liereby authorized to issue his 
Warrant, directed to some principal Member of the said 
Baptist Society, requiring him to notify all the members 
thereof qualified to Vote in parish Afiairs, to assemble at 
some suitable time and place mentioned in said Warrant, 
to choose all such Officers as Parishes by Law are required 
to choose in the Month of March or April annually. 

Approved June 20, 1797. 

1797. — Chapter 13. 

[May Session, ch. 13.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT IN ADDI- 
TION TO AN ACT ENTITLED AN ACT FOR REGULATING PILOT- 
AGE IN SEVERAL PORTS IN THIS COMMONWEALTH AND FOR 
OTHERWAYS REGULATING THE PILOTAGE OF THE PORT OF 
BOSTON." 

Be it enacted by the Senate and House of JRepresentatives 
in General Court assembled and by the authority of the 
same, that the penalties incurred by any breach of said re^covertbie.""^ 
Act may be recovered in an Action of Debt to be brought 
in any Court proper to try the same, by any Person who 
shall first sue for the recovery thereof to his own use. 

Approved June 21, 1797. 

1797. — Chapter 14. 

[May Session, ch. 14.] 

AN ACT TO ENABLE THE TREASURER OF THIS COMMONWEALTH, 
AND THE TREASURERS OF COUNTIES, TOWNS, AND OTHER 
CORPORATIONS, FOR THE TIME BEING TO COMMENCE & 
PROSECUTE SUITS AT LAW UPON SECURITIES GIVEN TO 
THEIR PREDECESSORS. 

Be it enacted by the Senate & House of Representatives, 
in General Court asse7nbled, and by the authority of the 
same, that the Treasurer of this Commonwealth, the Treasurers - 
Treasurers of Counties, Towns Parishes and other Corpo- prosecme suits 
rations for the time being, be & hereby are authorised & grverto.'and' 
impowered, in their own names and Capacities, respec- minced'by, 
tively, to commence & prosecute to final eTudament and their prede'ces. 

^ sors. 

execution, any suit or suits at Law upon any bonds, notes 
or other securities which have been or shall be given to 
them or their predecessors in said capacity ; & to prose- 
cute to final Judgment & execution any suits which have 



356 



Acts, 1797. — Chapters 15, 16. 



been or shall be commenced by their said predecessors, in 
said capacity, during their continuance in office, and pend- 
ing at the time of their removal therefrom. 

Approved Jxine 22, 1797. 



Alewives in 
Middleborough. 



Fish in Roches- 
ter harbour. 



1797— Chapter 15. 

[May Session, ch. 15.] 

AN ACT FOR REPEALING CERTAIN PARTS OF AN ACT MADE IN 
THE PRESENT YEAR, ENTITLED "AN ACT TO MAKE PER- 
PETUAL, SUNDRY TEMPORARY ACTS." 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that those parts of said Act which perpetuate 
a certain Act, made in the Year of our Lord, one thou- 
sand, seven hundred & forty-nine, entitled " An Act to 
prevent the unnecessary destruction of Alewives in the 
Town of Middleborough," and an Act passed in the Year 
of our Lord, one thousand, seven hundred and seventy- 
three, entitled "An Act to empower the Inhabitants of 
the Town of Rochester in the County of Plymouth, to 
regulate the taking of Fish within the Harbour and Cove 
of the said Township," be and they are hereby repealed. 

Approved June 22, 1797. 



Selectmen to 
remove and 
accommoilate 
persons sick 
with conta- 
gious diseases. 



1797. — Chapter 16. 

[May Session, ch. 16.] 

AN ACT TO PREVENT THE SPREADING OF CONTAGIOUS SICK- 
NESS. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, that for the better preventing the 
spreading of Infection, when it shall happen that any per- 
son or persons coming from abroad or belonging to any 
Town or Place within this State, shall be visited, or shall 
lately before have been visited with the plague, small pox, 
pestilential or malignant fever, or other contagious sick- 
ness, the infection whereof may probably be communi- 
cated to others, the Selectmen of the Town where such 
person or persons may arrive or be, are hereby empowered 
to take care & make effectual provision in the best way 
they can, for the preservation of the Inhabitants, by re- 
moving such sick or infected person or persons & placing 



Acts, 1797. — Chapter 16. 357 

him or them in a seperate House or Houses, and by pro- 
vidiog Nurses, attendance, and otlier assistance and neces- ' 
saries for them, Avhich nurses, attendance & other assistance 
& necessaries, shall be at the charge of the parties them- 
selves, their parents or masters (if able) or otherwise at 
the charge of the Town or place whereto they belong : & 
in case such person or persons are not inhabitants of any 
town or place within this State, then at the charge of the 
Commonwealth. 

Sect. 2. And be it further Enacted, that any person Persons amv. 
or persons coming from any place out of this State where infected! fo'"'^^ 
the small pox or other malignant distemper is prevailing, mln™ '^^'^°*' 
into any Town within this State, shall, when thereto re- 
quired by the Selectmen of such Town, within the space 
of two hours from the time they shall be first informed of 
their duty by law in this particular give notice to one or 
more of the Selectmen, or the Clerk of such Town, of their 
coming there, & of the place from whence they came, 
upon pain of forfeiting in case of neglect, the sum of One 
hundred Dollars. And such person or persons, if notdis- such persons, 
abled by sickness, shall, within the space of two hours depanitso 
after warning given to him or them by the Selectmen of ^heTekct'men. 
such Town for that purpose, depart from this State in 
such manner and by such road, as the said Selectmen 
shall direct; and in case of refusal, it shall be lawful for 
any Justice of the Peace in the County where such Town 
may lie, by a Warrant directed to a Constable or other 
proper Officer or other person whom the Justice shall 
judge proper, to cause such person or persons to be re- 
moved into the State from whence he or they may have 
come ; and any person removed by warrant as aforesaid, fe^turning?with. 
who during the prevalence of such distemper shall pre- out previous 
sume to return into any town of this State, without Lib- 
erty first obtained from such Justice, shall forfeit & pay 
the sum of Four hundred Dollars ; and any inhabitant of 
this State, who shall entertain in his house any person 
warned to depart as aforesaid, for the space of Two hours Penalty for 
after notice given him of such warning, by one or more bom warned'' 
of the Selectmen aforesaid, shall forfeit and pay the sum 'o'^^'i"'"- 
of Two hundred Dollars. 

Sect. 3. And be it further Unacted, that it shall and ^e'appoimed 
mav be lawful for the Selectmen of any town near to, or to attend at 

, " , . . , ft . , , . f^ Femes, ice. 

bordermg upon, either oi the neighbourmg States, to 
appoint by writing under their hands, some meet person 



358 Acts, 1797. — Chapter 16. 

or persons to attend at ferries or other places by or over 
which passengers may pass from such infected places ; 

Their power, which pcrson or persons so appointed, shall have power 
to examine such passengers as they may suspect to bring 
infection with them, &, if need be, to hinder & restrain 
them from travelling, until licensed thereto by a Justice 
of the Peace within such County, or by the Selectmen of 
the Town in which such person or persons may come ; 
and any passenger who coming from such infected place, 
shall (without licence as aforesaid) presume to travel within 
this State, unless it be to return by the most direct way 
to the State from whence he came, after he shall be 
cautioned to depart by the person or persons appointed 
as aforesaid, shall forfeit & pay the sum of one hundred 
Dollars ; the several forfeitures aforesaid to be recovered 
by action of Debt in any Court of Kecord proper to try 
the same, one moiety to & for the use of the Town where 
the offence shall be committed, the other moiety to the 
use of the person who may sue for the same. 

Sheriffs, &c. Sect. 4, A^id be it furtlier Enacted, that if need be, 

Doav be re- •/ ' ' 

quired to any two Justiccs of the Peace may make out a Warrant 

Persons, or take directed to the Shcrifl" of the County, or his Deputy, or 
up houses, &c. ^Qjig^j^i^igg Qf ^\^Q Town or place where any such sick 

person or persons may be, requiring them or any of them, 
in the name of the Commonwealth, with the advice and 
direction of the Selectmen of the same, to remove such 
infected Person or Persons, or to impress and take up 
convenient houses, lodging, nurses, attendance and other 
necessaries, for the accommodation, safety and relief of 
the sick. And such Sheriff, his Deputy, & Constable, are 
hereby authorized & required to execute such Warrant 
accordingly. 
Baggaire. goods, Sect.'s. Aiid he it further Enacted, that whenever 

&c. to be se- y . , . , . 

cured if there shall be brouijht mto any town withni this State, 

infected — • • 

either from any other Town therein, or from parts with- 
out the State, any baggage, cloathing or goods of any 
kind whatsoever, and it shall be made to appear by the 
Selectmen of the Town to which such baggage, cloathing, 
or other goods shall be brought, or by the major part of 
such Selectmen, to the satisfaction of any Justice of the 
Peace, that there is just cause to sus})ect baggage, cloath- 
ing or other goods to be infected with the plague, small 
pox, pestilential fever, or other malignant contagious dis- 
temper, it shall be lawful for such Justice of the Peace, 



Acts, 1797. — Chapter 16. 359 

and he is hereby required in such case, by warrant under 
his hand and seal, directed to the Sheriff, or his Deputy, 
or any Constable of the Town in which such baggage, 
cloathing, or other goods shall be, requiring hira to im- 
press so many men as said Justice shall judge necessary 
to secure such baggage, cloathing, or other goods, & said -to be guarded. 
men to post as a guard & watch over the House or other 
place or places, where such baggage, cloathing or other 
goods shall be lodged ; which guard & watch are hereby 
required to take effectual care to prevent such baggage, 
cloathing, or other goods being removed or intermeddled 
with, by any persons whatsoever, until due enquiry be 
made into the circumstances thereof, requiring likewise 
the said Sheriff, his Deputy or the Constable aforesaid, if 
it shall appear necessary, with the advice and direction 
of said Selectmen, to impress and take up convenient — if necessary, 
houses or stores, for the receiving, lodging & safe keep- tin free from 
ino- of such bao;sage, cloathing or other goods, until the ^°^^'=''°°- 
same shall be sufficiently cleansed from infection : And in 
case it shall appear highly probable to the said Justice, 
that such baggage, cloathing or other goods are infected 
as aforesaid, he is hereby empowered & directed to issue 
his warrant in manner as aforesaid, requiring said Sheriff, 
his Deputy, or any Constable, or other person therein 
specially named, to remove said baggage, cloathing or -or may be 
other goods to some convenient place where there shall be d!^ance/°* 
the least danger of the infection spreading ; there to re- 
main, until the same shall be sufficiently aired and freed 
from infection in the Opinion of said Selectmen : And the 
said Sheriff, Deputy Sheriff, or Constable in the execution 
of said Warrants, are empowered and directed if need be, 
to break up any house, ware-house, shop or other place, warehouses, 
particularly mentioned in said Warrant, where such bag- br^'ok^n^up^ 
gage, cloathing or other goods shall be ; & in case of jnfected'bag. 
opposition, to require such aid as shall be necessary to s^ge, &c. 
effect the execution of said Warrants, and repel such op- 
position ; and all persons are hereby required at the Com- cuizens to 
mandment of either of the said Officers, having either of an°e'^tf ''called 
the Warrants aforesaid, under penalty of Ten Dollars, to "P''"- 
be recovered before any Justice of the Peace in the 
County where such opposition may happen, to assist such 
officer in the Execution of the same Warrant, against any 
opposition as aforesaid ; and the charges of securing such 
baggage, cloathing, or other goods, & of airing and trans- 



360 



Acts, 1797. — Chapter 16. 



Expences of 
removal, &c. to 
be defrayed by 
the owner. 



Inquiry to be 
made of vessels 
passing the 
Castle. 



Vessels to be 
detained if 
conceived 
Infectious. 



Penalty for 
falsely answer- 
ing at the 
Castle. 



Goods supposed 
free of infection 
may be per- 
mitted to be 
landed. 



porting the same, shall he borne and paid by the Owners 
thereof, at such rates & i)rices as shall be set & appointed 
by the Selectmen of the Town, where such baggage, cloath- 
ing, or other goods shall be, to be recovered by action of 
debt, by any person or persons who may have been em- 
ployed in the business aforesaid, in any Court of Record 
proper to try the same. 

Sect. 6. And be it further Enacted, that enquiry shall 
be made by the officer or other person on duty at the Cas- 
tle in the Harbour of Boston, of every Vessel coming 
from Sea, and passing by the said Castle, whether any 
infectious sickness be on Board, or has been on board, 
since such Vessel left the port from whence she last came ; 
and if any such Vessel has any sickness on board, or has 
had any on board since her leaving such port, in such 
case, orders shall be given by said officer, or other per- 
son on duty, to the Master or Commander of such Vessel, 
immediately to anchor, and to remain at anchor until a 
Certificate shall be obtained from the major part of the 
Selectmen of the Town of Boston, that they are of opinion 
such Vessel may come up to the Town without danger to 
the Inhabitants, or until the said Master or Commander 
shall receive orders from the said Selectmen to anchor his 
Vessel near the Hospital on Rainsford's Island in the Har- 
bour of Boston. And in case any Master or Commander 
of a Vessel, shall by himself or the People on Board, 
make false answer, when enquired of as aforesaid, by the 
Officer or other person on duty as aforesaid, or after 
orders are given as aforesaid, shall neglect or refuse to 
anchor near the Castle as aforesaid or come on shore, or 
suffer any passenger or other person belonging to the Ves- 
sel, to come on shore, or any goods to be taken out before 
the Vessel shall have anchored, or without libert}^ from 
the Selectmen as aforesaid ; or in case any Master or 
Commander of a Vessel ordered to anchor near the Hos- 
pital aforesaid, shall neglect or refuse so to do ; in every 
such case, every Master or Commander so offending, shall 
forfeit and pay for each otfence the sum of Four hundred 
Dollars, or suffer six months imprisonment. 

Sect. 7th. And be it further Enacted, that upon ap- 
plication made to the Selectmen of the Town of Boston by 
any Master or commander of any Vessell at Anchor, near 
the Hospital as aforesaid, the said Selectmen are hereby 
empowered to permit such passengers, goods, or lading, 



Acts, 1797. — Chapter 1G. 361 

as they shall judge free from infection to come on shore ; 
or to be taken out & disposed of as the owners shall see 
fit ; & such passengers & goods as shall not be permitted 
as aforesaid, shall remain on board or be landed on said 
Island ; & if any master, or commander of any such Ves- Persons for- 
sell for the time being, shall come on shore or sutler any or holding com- 
of his people or passengers to come on shore, or any boat "ith pe'-sons on 
to come on board, or suffer any goods to be taken out ga°iy^perm1tted. 
of his Vessell unless permitted as aforesaid, or shall come 
up to said town, with his vessell until by a certificate 
under the hands of said Selectmen or the Major part of 
them, it shall appear that said Vessel, company and goods 
are clear of infection, & the orders for stopping the same 
be removed or taken oft', he shall for every such offence 
forfeit the sum of Two hundred Dollars ; & in case he be 
not able to pay that sum, he shall sufter three months im- 
prisonment : and if any Sailors or passengers coming in 
said Vessell, shall without the knowledge or consent of 
the Master or commander, presume to come on shore, or 
up above the Castle aforesaid ; or if any person shall 
knowingly presume to go on board from shore, or go to 
the aforesaid House or Island in time of infection there, 
without leave as aforesaid ; or if any person put sick into 
the said house, or sent there on suspicion of being infected, 
shall presume to go off the said Island without leave as 
aforesaid, any person offending in any of the particulars 
above mentioned, shall forfeit the Sum of Two hundred 
Dollars ; and in case such person be not able to pay said 
forfeiture, he shall sufter two months imprisonment. All 
prosecutions for ofi'ences contrary to this & the preceeding 
section, shall be by indictment or information in the 
Supreme Judicial Court or Court of General Sessions of 
the peace ; & one moiety of all fines mentioned in said 
sections, shall be to the use of the town of Boston, & the 
other moiety to the use of the Selectmen of said town 
for the time being, whose particular duty it is hereby 
made to prosecute therefor. 

Sect. 8th. And be it further Enacted that whenever vessels may 
any Ship or Vessell wherein any infection or infectious Hospitrn'iiand. 
sickness hath lately been, shall come to any harbour within 
this State ; or whenever any person or persons belonging 
to, or that may either by sea or land come into any town or 
place near the public hospital aforesaid, shall be visi[s]ted, 
or shall lately before have been visited with any infectious 



362 



Acts, 1797. — Chapter 16. 



Case of refusal 
to go to the 
Hospital. 



Penalty for 
refusing to 
answer prop- 
erly when 
questioned by 
the Selectmen. 



Nnrsee, &c. to 
be provided. 



Sickness, two of the Justices of the Peace or Selectmen 
of such Place be, & hereby are empowered immediately to 
order the said Vessell & Sick persons to the said Hospital, 
there to be taken care of according to the direction of 
this Act : & where any such ship, Vessell, or Persons, 
cannot without great inconvenience & damage be ordered 
to the aforesaid Hospital, in any such case, the rules & 
directions are to be observed which are provided in the 
first enacting clause of this act : and in case the Master or 
Mariners of any Vessell ordered to the Hospital as afore- 
said, shall refuse or delay for the space of Six hours after 
such order being given, to said Master, or either of the 
Owners of said Vessell, or of the Factors, or either of said 
owners of the goods, to come to sail, if wind & weather 
permit, in order to proceed to said Hospital, such Master 
so refusing, shall forfeit & pay the sum of Four hundred 
Dollars ; & each mariner so refusing the Sum of One 
Hundred dollars ; & in case they be not able to pay said 
Sums, they shall suffer six months imprisonment : one 
half of said fine to be to the informer, & the other half to 
the poor of the Town or District, to which such port or 
harbour belongs, & to be recovered in any Court of Kecord 
proper to try the same by indictment or information. 

Sect. yxH. And be it further enacted, that if any 
master, seaman or passenger, belonging to any Vessell on 
board which any infection is, or may have lately been, or 
suspected to have been, or which may have come from any 
port where any infectious mortal distemper prevails, shall 
refuse to make answer on oath to such questions as may 
be asked him or them relating to such infection, by the 
Selectmen of the town to which such Vessell may come, 
(which oath the said Selectmen are hereby empowered to 
administer) such Master, seaman, or passenger, so refus- 
ing shall forfeit the sum of Two Hundred Dollars : & in 
case he be not able to pay said Sum, he shall suffer six 
months imprisonment ; said penalty to be adjudged on 
prosecution by indictment on information in any Court 
proper to try the same, one moiety of said fine to the use 
of the town where the offence may be committed, and the 
other moiety to the use of the Selectmen thereof, whose 
particular duty it is hereby made to prosecute therefor. 

And. the Selectmen of Boston are hereby authorised & 
directed to provide nurses, assistance, & other necessaries 
for the Comfort & relief of such sick persons as may be 



Acts, 1797. — Chapter 16. 363 

sent to said Hospital as aforesaid : the charge thereof to 
be borne by the said i)ersons themselves if able, or if poor 
& unable, b}^ the towns to which they resi)ectively belong, 
or if not inhabitants of any particular Town, or other 
place within this State, then by the Commonwealth. 

Sect. 10. And be it further enacted that whenever the courts may 
small Pox, or other mortally infectious distemper shall hife^'ted to^B. 
prevail in any of the Towns w^herein the Supreme Judicial 
Court of this Commonwealth, the Courts of Common 
Pleas, or General Sessions of the Peace are to be holden, 
at the times prescribed by Law, or by their own adjourn- 
ment, for their setting in such Town, the Justices of the 
said Courts respectively are hereby empowered to adjourn 
& hold said Courts in any town within the same County 
by proclamation to be made in the Shire Town, or as near 
the same as safety will in their Opinion permit. 

Sect. 11. Be it further Enacted i\\3ii evich Town, or Health Commit- 
district in this Commonw^ealth, may at their meeting held officer may be 
in March or April annually, or at any other meeting ''*pp°'° ^ 
legally warned for the purpose, when they shall judge it 
to be necessary choofe & a])point a health Committee to 
consist of not less than five, nor more than nine suitable 
persons, or one person to be a Health Ofiicer, whose duty Duty, 
it shall be to remove all filth of any kind whatever, which 
shall be found in any of the Streets, Lanes, Wharves, 
Docks or in any other place whatever within the Limits 
of the Town to which such Committee or Health Ofiicer 
belongs, whenever such filth shall in their Judgment 
endanger the lives or the Health of the Inhabitants thereof; 
all the expences whereof to be paid by the person or per- 
sons who placed it there if known, or if not, by the Town 
by which said Committee or health Ofiicer was appointed. 
And whenever any filth as aforesaid shall be found on 
private property, said Committee or health ofiicer shall 
Notify & order the Owner or occupier thereof, after Twenty 
four hours notice to remove the same, at their own ex- 
pence ; & in case said owner or occupier shall neglect to 
remove such tilth from his or her property, after the ex- 
piration of the time aforesaid he or they so off'ending shall 
forfeit & pay a fine of One Hundred Dollars, to be sued for 
& recovered with costs of suit, by said Committee or Health 
Ofiicer before any Court proper to try the same, for the 
use of the Poor of the Town in which such offence 
is committed. And said owner or occupier as afore- 



364 



Acts, 1797. — Chapter 16. 



Vessels in- 
fected, disposal 
of, at other 
towDS than 
Boston. 



Previous laws 
repealed. 



said shall be liable and obliged to repay to said Town 
all cost & charges which the said Committee or Health 
Officer may have incurred in removing the filth from his 
or her property, & in case of refusal to pay the same, he 
or they may be sued in the same way as is provided in 
this Act for the recovery of fines as aforesaid. 

Sect, 12th. And be it farther enacted that whenever any 
Vessell shall arrive at any port other than Boston within 
this Commonwealth, having on board any person visited 
with the plague, small pox, malignant fever, or any other 
pestilential desease, the Master, Commander, or Pilot 
thereof, shall not bring such Vessell up near the town of the 
Port where she first arrives, untill liberty be first Granted 
in writing by the Selectmen thereof; but they may bring 
such vessell to an anchor in such place below the Town as 
will be most for the safety of the Inhabitants thereof, and 
the preservation of the Vessell & the people on board 
there to wait for orders from the Selectmen of such Town 
before any passenger or person belonging to, or any thing 
on board the same be brought on shore ; & any Master or 
Commander of such Vessell who shall be found guilty of 
a breach of the Law contained in this section shall forfeit 
&, pay a fine of Two hundred Dollars for every such oflence, 
upon conviction thereof before any Court proper to try 
the same ; & any Pilot who may go on board any such 
Vessell, & Pilot the same up to the Town without liberty 
first had & obtained from the Selectmen thereof as afore- 
said, shall upon Conviction, in manner as aforesaid, forfeit 
& pay a fine of Fifty Dollars for every such oflence ; all 
which fines contained in this section may be sued for & 
recovered with Costs of suit in manner as aforesaid by the 
Selectmen of the Town where the oflence is committed, to 
and for the use of the same Town. 

Sect. 13. And be it further Enacted, that a Law of 
this Commonwealth made in the year One thousand Seven 
hundred & one providing in case of sickness ; one other 
Law made in addition thereto in the year One thousand 
seven hundred & fifty One ; one other Law made in the 
year One thousand Seven hundred & thirty empowering 
Courts to adjourn & remove from the Towns appointed by 
Law for holding Courts, to other Towns in case of sick- 
ness by the small pox ; One other Law made in the year 
of our Lord One thousand Seven hundred & fifty Seven 
for regulating the Hospital on Eainsford's Island, & fur- 



Acts, 1797. — Chapter 17. 365 

ther })roviding in case of sickness ; one law passed the next 
year in addition thereto, one other Law made in the year 
One thousand seven hundred & forty two, to prevent the 
spreading of the small Pox, & other infectious Sickness, & 
to prevent the concealing the same, be & they are hereby 
repealed, except that the same shall remain in force for 
the purpose of recovering all fines incurred by force 
thereof. Approved June 22, 1797. 



1797— Chapter 17. 

[May Session, ch. 17.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE PUR- 
POSE OF BUILDING A BRIDGE OVER DEERFIELD RIVER SO 
CALLED, WHERE WILLIAMS'S FERRY IS NOW KEPT, AND FOR 
SUPPORTING THE SAME. 

Whereas the erecting a Bridge over the river in the Preamble. 
Toivn of Deerfield, lohere Williams's Ferry is now kept, 
ivill be of great iDuhlic utility, & Jonathan Hoit and David 
Smead Esqr. have petitioned this Court for an Act of In- 
corporation to empoiver them to build the said Bridge; 
and many p)€7'sons under the expectation of such an Act, 
have subscribed to a Fund for the purpose of erecting and 
completing the same: 

Sect. 1. Be it therefore Enacted by the Senate and 
House of Representatives in General Court assembled and 
by the authority of the same, that Jonathan Hoit and David De°e?fie/d Ruei 
Smead Esqr. so long as they shall continue to be proprie- ^Jj^tTd '"'''"^ 
tors in the said Fund, together with all those who are, or 
shall hereafter become Proprietors to the said Fund, shall 
be a Corporation and Body Politic under the name of the 
Proprietors of De[e]rfield River Bridge ; and ])y that name 
may sue Sc prosecute & be sued & prosecuted to final 
Judgement and Execution, and do & sufl'er all matters & 
things which Bodies corporate may or ought to do and 
suffer ; and the said Corporation shall have full power 
& authority to make have and use a Common Seal, & 
the same to break & alter at pleasure. 

Sect. 2. Be it further Enacted, that the said Jonathan First meetiDg. 
Hoit and David Smead Esqr. or either of them, may by 
advertizement in the Greenfield Gazette, warn or call a 
Meeting of the said Proprietors, to be holden at any suit- 
able time and place after ten days from the publication of 
said Advertizement ; and the said Proprietors by a vote 



366 



Acts, 1797. — Chapter 17. 



A clerk to be 
chosen. 



Rules to be 
established. 



Toll estab- 
lished. 



of the majority of those present or represented at the said 
Meeting, (accounting and allowing a vote to each single 
share in all cases) shall choose a Clerk, who shall be duly 
sworn to the faithful discharge of his office ; and also shall 
agree on a method for calling future meetings ; and at the 
same or any subsequent meeting, nia}^ make and estab- 
lish any rules & regulations that shall be necessary or 
convenient for regulating said Corporation, and for effect- 
ing, completing & executing the purposes aforesaid, & for 
collecting the Toll hereafter granted ; & the same rules & 
regulations may cause to be kept and executed, or for the 
breach thereof may order & enjoin fines or penalties, not 
exceeding Ten Dollars ; Provided the Rules and Regula- 
tions are not repugnant to the Laws or Constitution of 
this Commonwealth. And the said Proprietors may also 
choose & appoint any other Officer or Officers of the said 
Corporation, that they may deem necessary ; & all repre- 
sentations at the said Meetings, shall be proved in writing, 
signed by the person making the same, by special appoint- 
ment, which shall be filed with or recorded by the Clerk ; 
and this Act, and all rules, regulations and votes of the 
said Corporation, shall be fairly and truly recorded by 
the Clerk in a book or books for that purpose provided 
and kept. 

Sect. 3. Be it further Enacted, that for the purpose of 
reimbursing the said Proprietors, the monies by them ex- 
pended or to be expended in building & supporting the said 
Bridge, a Toll be and is hereliy granted & established 
for the sole benefit of the said Proprietors, according to 
the rates following ; to wit — for each foot passenger two 
cents ; for one person and horse, four cents ; for a single 
horse, cart, sled or sleigh, six cents; for a Sleigh drawn 
by two horses, eight cents ; for a single horse, chaise, chair 
or sulkey, eight cents ; for coaches, chariots, pht^tons & 
curricles, twenty cents each ; for all other wheel carriages 
drawn by more than one beast, seventeen cents ; for neat 
cattle, and horses passing the said Bridge, exclusive of 
those ridden or in carriages or teams, each two cents ; for 
swine and sheep each dozen six cents ; and at the same 
rate for a greater or less number ; and to each Team one 
person and no more shall be allowed as Driver to pass free 
of Toll ; and at all times when the Toll Gatherer shall not 
attend his duty, the gate or gates shall be left open ; 
and the said Toll shall commence on the day of the open- 



Acts, 1797. — Chapter 18. 367 

ing of said bridge for passengers, and shall continue for 
and during the term of seventy Years ; at the end of whicli 
term the said Bridge shall be disposed of by the Govern- 
ment as the Legislature shall think proper ; provided 
nevertheless, that from and after the expiration of thirty 
Years from the titst taking Toll for the passing of said 
Bridge, the said Legislature shall have full ])ower & au- 
thority from time to time to alter and regulate the several 
rates of Toll aforesaid as they may think proper. 

Sect. 4. Be it further Enacted, that the said Bridge Bridge, con- 
shall be well built, at least Twenty four feet wide, of sound ^*''"°*'°°' ®"'- 
and suitable materials, with well constructed substantial 
Piers on each side, and well planked on the top and sides 
with planks proper for such a Bridge ; and the same shall ^p^r.'^^P' '° 
be kept in good safe and passable repair for the term afore- 
said, and at the end of said terra shall be in like repair; 
and at the place where the Toll shall be received, the said bl^erectecf. '° 
Proprietors shall erect and constantly expose to open view, 
a Sign or Board with the rates of Toll of all the tollable 
articles, fairly and legibly written thereon in large or 
Capital Letters. 

Sect. 5. And he it further Enacted, that if the said 7orTui\to£ 
Proprietors shall neglect or refuse for the space of three 
Years after the passing this Act, to build the said Bridge, 
and complete the same, then this Act shall be void and of 
no effect. Approved June 22, 1797. 

1797. — Chapter 18. 

[May Session, cti. 18.] 

AN ACT IMPOWERING SETH SPRING, TO BUILD A BRIDGE ACROSS 
THE MAIN BRANCH OF SACO RIVER, FROM SPRING'S ISLAND IN 
BIDDEFORD TO PEPPERRELBOROUGH. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court Assembled and by the 
Authority of the same, that Seth Spring of Biddeford, in setii spring 
the County of York, Gentleman, be authorised & impow- tmi^dTbridge. 
ered to erect a Bridge, at his own expence, across the 
main branch of Saco River, above Saco Falls, from 
Spring's Island (so called) in Biddeford aforesaid to the 
River side of the road in Pepperrelborough. 

Sect. 2d. Be it further Enacted, that the said bridge construction, 
shall be built of good and sufficient materials and raised ^'^' 
eight feet at least above the level of the present road on 



368 



Acts, 1797. — Chapter 18. 



Toll estab- 
lished. 



Penalty for 
extortion. 



Sign board to 
be erected . 



the eastern side of said River, leaving free a passage way 
of forty eight feet at least between the abutment on the 
eastern side & the pier next to the same ; the said abut- 
ment not to project more than six feet into the water. 

Sect. 3d. Be it further enacted, that, for the purpose 
of reimbursing the said Spring, his heirs & assigns the 
Monies expended in building & supporting said Bridge, a 
toll be &, hereby is granted to him, his heirs & assigns, for 
their sole benefit, according to the rates following, to con- 
tinue till the further order of the General Court ; viz : for 
each foot passenger two Cents ; for each person & horse, 
six Cents ; for every Cart, sled, or sleigh drawn by one 
horse ten Cents ; for every Cart, Waggon, Sled or Sleigh 
drawn by two or more horses, twelve & a half Cents ; for 
every chaise or chair, drawn by one horse, with the Riders 
fifteen Cents ; for every horse & sulkey, with the rider, 
twelve & a half Cents ; for every chaise drawn by two 
horses with the passengers twenty Cents ; for each Coach, 
Chariot, Phaeton or curricle, including passengers, twenty 
five Cents ; for each Cart or Sled drawn by two oxen ten 
Cents ; for every cart or sled drawn by four or more 
oxen twelve & a half Cents ; for all neat Cattle, one cent 
each ; for each dozen of Sheep or swine two Cents ; & so 
in proportion for a greater or less number ; And in all 
cases the same toll shall be paid for all carriages & vehicles 
passing said bridge, whether the same be loaded or not 
loaded ; & to each team one man, & no more shall be 
allowed as a driver to pass free from payment of toll ; & 
the toll gatherer shall not be obliged at any time to open 
the Gates for any passenger till he or she has paid the rate 
of toll ; and at the times when the toll gatherer shall not 
attend his duty the gate shall be left open. And if any 
person shall receive or demand any greater toll in any case 
than is stated by this Act or shall hinder or attempt to 
hinder any person from passing said bridge with his horse 
or horses, cattle or carriage, sled or sleigh, sheep or swine 
upon paying or ofiering to pay the toll hereby established, 
he shall forfeit the sum of Thirteen dollars, to be recov- 
ered before any Justice of the Peace in the said County 
of York, by any person from whom such greater toll shall 
be received or demanded or by any person so hindred or 
attempted to be hindred from passing as the case may be. 
And the said Spring shall put & constantly keep up at the 
place where the toll shall be received, a sign board on 



Acts, 1797. — Chapter 19. 369^ 



which shall be painted in large fair & legible characters, 
the several rates of toll established by this Act ; otherwise 
he siiall not be entitled to receive the same ; & said toll 
shall be no longer demanded than while the said spring- 
shall keep the said Bridge in good repair. 

Approved June 22, 1797. 

1797— Chapter 19. 

[May Session, ch. 19.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS, FOR THE PUR- 
POSE OF BUILDING A BRIDGE OVER ANDROSCOGGIN RIVER, 
AT LEWISTON, BETWEEN TWENTY MILE FALLS AND THE 
FERRY- WAY. 

Whereas the erecting a Bridge over Androscoggin River, Preamble. 
beloiv Tiventi/-mile Falls, so called, will be of great public 
utility, and John Herrich and others, have petitioned this 
Court for an Act of Incorporation, to empower them to 
build said Bridge: 

Sect. 1. Be it therefore Enacted by the Senate and 
House of Representatives in General Court assembled and 
by the authority of the same, that John Herrick, Joseph Persons incor- 
Treadwell, Benja. Merrill, Jos. Herrick, Abner Harris, ^" 
Joseph Blanchard, Joseph Field, William Golder, Nathan 
Cutter, Joel Thompson, Daniel Cony, Joseph North, Wil- 
liam Howard, James Bridge, Elias Craig, George Crosby, 
Peter J. Vose, S. Howard junr., William Sprague & Daniel 
Davis, 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 & Body 
Politic under the name of the Proprietors of Lewiston 
Bridge ; and by that name may sue and prosecute & be 
sued & prosecuted to final Judgement & Execution, & do 
& suffer all other Acts & things which bodies corporate 
may and ought to do & suffer : and that said Corporation 
shall have full power and authority to make have and use 
a Common Seal, and the same to break alter & renew at 
pleasure. 

Sect. 2. Be it further Enacted that Daniel Cony Esqr. First meeting. 
may by advertisement in one of the Newspapers printed in 
the County of Lincoln, warn & call a meeting of the afore- 
said Proprietors, to be holden in Hallowell aforesaid, at 
any suitable time and place after fourteen days from the 
publication of such advertizement, & the said Proprietors 
by a vote of the majority of those present, accounting and 



370 



Acts, 1797. — Chapter 19. 



Clerk to be 
chosen. 



Rules, &c. 
established. 



Bridge, con- 
struction, etc. 



Toll estab- 
lished. 



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, choose 
such other officers as may be found necessary for man- 
aging the business of the said Corporation ; and shall 
agree on a method of calling future meetings, & at the 
same or any subsequent meeting, may make & establish 
such rules & regulations, as shall be deemed convenient 
or necessary for regulating the said Corporation, effecting, 
completing, & executing the purposes aforesaid, and for 
collecting the Toll herein granted ; & the same rules & 
regulations may cause to be kept & executed, & for the 
breach of any of them, may order & enjoin fines or penal- 
ties, not exceeding twelve dollars : Provided that said 
rules &, regulations be not repugnant to the Constitution 
& Laws of this Commonwealth. 

Sect. 3. And be it further Enacted that said Bridge 
shall be erected at Lewiston aforesaid, between twenty 
mile Falls and the Ferry-ways aforesaid, and that it shall 
be built of good and sufficient materials, not less than 
twenty six 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 Bridge, shall be laid at least eighteen 
feet above the surface of the water in a common Freshet : 
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, sufficiently large to pre- 
serve without interruption the privilege of transportation 
in boats and other water craft & of rafts under said 
Bridge. 

Sect. 4. And he it further Enacted, that for the pur- 
pose of reimbursing the said Proprietors of Lewiston 
Bridge, the money expended and to be expended in build- 
ing, supporting & keeping in repair the said Bridge, and 
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 following: viz. for 
each foot passenger, or one person passing said Bridge, 
two cents, one person and horse six cents & two mills ; 
single horse-cart, sled or sleigh, ten cents ; each wheel- 
barrow, hand-cart, & every other vehicle capable of car- 
rying a like weight. Four cents ; each Team, including 



Acts, 1797. — Chapter 20. 371 

cart, sled or sleigh, drawn by more than one beast, not 
exceeding four, twelve cents & five milles ; and for every 
additional beast above four, two cents each ; each single 
horse & chaise, chair or Sulkey, sixteen cents & five 
milles ; each coach, chariot, pheeton & curricle thirty-five 
cents; neat cattle or horses, exclusive of those rode on, 
or in carriages, or in teams two cents each ; sheep & 
swine for each dozen, six cents ; & 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 
Thirty Years from the said day ; & after the expiration 
of that term, the said Toll shall be subject to be regulated 
by the General Court : Provided^ the said Proprietors 
shall at all times keep the said bridge in good and pass- 
able repair during the term or terms aforesaid ; — and 
provided that the said Bridge shall revert to the Com- 
monwealth at the expiration of seventy years from & after 
the day of the first opening of said Bridge. 

Sect. 5. And be it further Eyiacted, that if the said i^^nSue^d."'*" 
Corporation shall neglect or refuse for the space of seven 
years from the passing of this Act to build & complete the 
said Bridge, — then this Act shall be void and of no 
efiect. Approved June 22, 1797. 

1797. — Chapter 30. 

[May Session, ch. 20.] 

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

Sect. 1st. £e it enacted by the Senate and House of 
Representatives in General Court Assembled and by the 
authority of the same. That Parker Yarnum, Jonathan Persons incor- 
Yarnum, Peter Coburn jr. James Yarnum, James Abbot, p*'''*'®'^- 
Coburn Blood, Moses Clement, Jabez Coburn, Jonathan 
Morgan, Hezekiah Coburn, Thomas Yarnum, Joseph 
Dane, William Fisk, Lemuel Coburn, Solomon Osgood 
jr. John Dutton, Aaron Coburn, Seth Dedson, Solomon 
Osgood, Samuel Coburn, Ephraim Coburn, Pellatiah Co- 
burn, Timothy Coburn, Lewis Ansart, Willard Coburn, 



372 



Acts, 1797. — Chapter 20. 



Certain taxes 
to be paid to 
the Town 
Treasurer. 



Clerk to keep 
record. 



How to become 
membere. 



Jese Williams, Ezekiel Richardson, Joseph Richardson, 
David Blood, Andrew Barker, Moses B. Coburn, Abraham 
Blood, Solomon Abbot, Peter Coburn, Josiah Fox, 
Samuel Cummings, Jonas Varnum, John Hamblet, Thad- 
deus Hamblet, Jonathan Hamblet, Josiah W. Coburn, 
Ezra Coburn, Thaddeus Wilson, Joshua Marshal, William 
Webster, Saml. Coburn, Bradley Varnum, John Taylor, 
Stephen Kemp, Isaac Taylor, Timothy Brown, Simeon 
Williams, Joshua Hunt, Joseph Wilson, Jonathan Co- 
burn Juur., James Haseltine & Leonard Thompson, to- 
gether with all those who shall Join said Society and 
become members thereof & unite with them in the same 
place of Worship within the said Town of Dracut with 
their several Polls and Estates be and they are hereby In- 
corporated into a Society by the name of the West Con- 
gregational Society in Dracut with all the priviledges, 
powers & immunities which Similar Societies are intitled 
to by the Laws of this Commonwealth. 

Sect. 2. Be if further enacted that the said West Con- 
gregational Society be & they are hereby holden to pay 
into the Treasury of said Town of Dracut all Taxes 
legally assessed upon the Inhabitants thereof before the 
fourth day of June Instant for the support of the Minister 
and shall be intitled to receive their rateal)le proportion 
according to their polls & Estates of all the Monies due 
& belonging to said Town or that may have been in the 
Treasury thereof on the said fourth Day of eJune Inst, 
which has heretofore been appropriated to the support of 
the Minister ; and they shall specially appropriate their 
said proportion of such Money when received to the sup- 
port of a Gospel Minister within the said Parish. 

Sect. 3d. Be it further enacted that the Clerk of said 
Society shall keep a fair record of the Names of all per- 
sons who are Members thereof & when any member of 
said society shall request a dismission therefrom & shall 
signify the same in writing to the said Clerk — such Clerk 
shall make a Record thereof & such person shall thereupon 
be dismissed accordingly but shall be held to pay his pro- 
portion of such Money as shall have been previously 
granted by said Society, and shall become subject to taxa- 
tion in the first parish or precinct in said Town. 

Sect. 4th. Be it further Enacted that all those who 
shall be hereafter desirous of becoming Members of said 
Society being Inhabitants of said Town of Dracut & shall 



Acts, 1797. — Chapter 21. 373 

signify the same in writing to the Clerlv of the first parish 
ofprecinct in said Town Thirty Days at least previous to 
the Annual Meeting of the Inhabitants of said first parish 
or precinct in said Town in the Month of April shall be 
considered in Law as members of said society : And any 
person or persons who shall leave any other religious So- 
ciety in said Town of Dracut & join the Society Incor- 
porated by this Act shall be holden to pay his proportion 
of all such Money as shall have been previously granted 
by the Society which they shall leave as aforesaid. 

Sect. 5th. Be it farther Enacted that Ebenezer First meeting. 
Bridge Esqr. be &, he hereby is empowered & directed to 
Issue his warrant to some principal Member of said So- 
ciety requiring & empowering him to warn a Meeting 
thereof at such time & place as shall therein be set forth, 
for the choice of such Officers as may be chosen by y)ar- 
ishes in the Month of March or April Annually & for the 
transacting of such other business as may be legally trans- 
acted in such Meetings. Approved June 22, 1797. 



1797— Chapter 31. 

[May Session, ch. 21.] 

AN ACT FOR REMOVING DOUBTS WHICH HAVE ARISEN IN THE 
CONSTRUCTION OF AN ACT, PASSED IN THE YEAR OF OUR 
LORD, ONE THOUSAND, SEVEN HUNDRED AND EIGHTY-FOUR, 
ENTITLED "AN ACT DESCRIBING THE POWER OF JUSTICES OF 
THE PEACE." 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, that every Justice of the peace in ^"J^fj*" ^° j^" ■ 
his County, shall have full power and authority to hear & ticesofttie 
determine all debts, trespasses, quare clausum fregit, and pfaTned!^' 
other Trespasses and matters not exceeding the value of 
Thirteen Dollars and thirty three cents and a third, ex- 
cepting actions wherein the title to real estate is in ques- 
tion and shall be specially pleaded by the Defendant. 

Sect. 2d. Be it further Enacted, that the amount of ^^S'"""' 
the sum or several sums, specified, expressed, or supposed 
to be demanded by the Plaintiff in his declaration, shall not 
be considered as any objection against the Justices juris- 
diction, provided the ad damnum, or damage, is not laid 
or stated to exceed Thirteen Dollars, thirty three cents 
and a third. Approved June 22, 1797. 



374 



Acts, 1797. — Chapter 22. 



Preamble. 



New Bounda- 
ries. 



Persons per- 
mitted to join 
certain Par- 
ishes. 



1797. — Chapter 33. 

[May Session, ch. 22.] 

AN ACT FOR ALTERING THE BOUNDARY LINE BETWEEN THE 
TOWNS OF NEEDHAM & NATICK & FOR PERMITTING SUNDRY 
PERSONS TO ANNEX THEMSELVES TO CERTAIN PARISHES. 

Whereas it appears necessary for the reasonable accom- 
modation of the inhabitants of the toivn of Natick & of 
the West parish in the Town of Needham that certain per- 
sons with their estates should be set off from each of the 
said Toivns & annexed to the other, & that licence shoidd 
be given to sundry persons hereafter named to annex them- 
selves to either of the Parishes in the Toivns of Needham^ 
Dover or Sherburne, at their option within a limited time. 

Be it Enacted by the Senate and House of Representatives 
in General Court assembled and by the authority of the 
same, that the boundary line between the said Towns of 
Needham and Natick and between the Counties of Middle- 
sex and Norfolk, shall in future be as follows, viz. Begin- 
ning at the corner of Ephraim Stevens's farm, about forty 
rods westerly of the Southwesterly corner of the Town of 
Weston, marked W, on the Map of said Natick, and run- 
ning a straight line to a stake in a meadow at the South- 
westerly corner of said Stevens's farm, thence in a straight 
course until it strikes the line between the towns of Dover 
& Natick in the bend of the river. And all the polls and 
Estates west of this line, which heretofore belono;ed to the 
Town of Needham shall hereafter belong to and be part 
of the Town of Natick ; and that all the polls and estates, 
East of the said line, which heretofore belonged to the 
Town of Natick; shall hereafter belong to, and be a part 
of the Town of Needham, and of the West Parish in said 
Town. 

And be it further Enacted by the authority aforesaid, 
that the following inhabitants of the Southeasterly part of 
Natick, vizt. Ebenezer Kimball, Moses Sawin, Abijah 
Stratton jun. Timothy Smith, junr. Joshua Carter, Samuel 
Perry, Hezekiah Broad, Levi Sawin, Phares Sawin, Koger 
Whiting, Edward Russell, Eleazer Goulding, Enoch 
Draper, William Paine, Samuel Stow, Ezekiel Sawin, 
Elijah Estey, William Brown, Oliver Bacon, Daniel 
Morse,, William Biglow, Abijah Stratton, John Atkins, 
Thomas Sawin, Eliphalet Kingsbery, Asa Bacon, William 
Morse, Solomon Brackett, Henry Morse, Ebenezer Newell, 
Eliakim Morril, John Bacon, Elijah Perry, Samuel Law- 



Acts, 1797. — Chaptek 22. 375 

ton, Joel Russell, and David Morse, with their Polls and 
Estates be and they hereby are severally authorized and 
permitted to join either of the neighbouring Parishes in the 
Towns of Needham, Dover or Sherburne as to them shall 
appear best, on or before the first day of January in the 
Year of our Lord one thousand seven hundred and ninety- 
ei2:ht ; on or before which day, in case they join any other 
parish than that to which they now belong, they shall cer- 
tify the same, both to the Clerk of the Town of Natick, 
and to the Clerk of such other Parish and to the Secretary 
of the Commonwealth in Avriting : And upon their respec- 
tively joining any of the aforenamed neighbouring parishes, 
and certifying the same within the time aforesaid, they 
and their Estates and their Successors in said Estates, 
shall become Parishioners thereof, and be subject to all 
duties, and entitled to all privileges as other parishioners 
are by law. 

Provided nevertheless, that nothing in this Act shall be Taxes to be 
construed to exempt any of the aforenamed persons or ^'^' 
their estates from the payment of any taxes that may have 
been heretofore assessed upon them, or granted in the 
parish to which they now belong, nor which may be here- 
after assessed upon them, or granted previous to their join- 
ing any other Parish as aforesaid ; nor to exempt any 
persons who may by virtue of this Act, be set off from 
either of the Towns of Needham or Natick, from paying 
such taxes as may have been assessed upon them or granted 
by such Town, previous to the present time ; but all such 
taxes shall be paid, in the same manner as though this 
Act had not been passed. 

And he it further Enacted by the authority aforesaid, 
that in case any of the Inhabitants aforesaid, who may Poor, by whom 
hereby be set oti' from either of the said Towns of Need- ° ^suppore . 
ham or Natick, to the other, are now or shall become poor 
and chargeable to the Town for their support, that such 
poor Inhabitants shall be maintained and supported by the 
Town to which they are by this Act annexed. 

And he it further Enacted, hy the authority aforesaid, 
that all persons set off from either of the said Towns of continued *° ^^ 
Needham or Natick, shall have the benefit of Schooling, & 
in case of their being poor, shall receive support from the 
Towns from which they may be set oft", until the Taxes 
already granted for those purposes shall be expended, any 
thing in this Law to the contrary notwithstanding. 

Approved June 22, 1797. 



376 Acts, 1797. — Chapter 23. 

1797— Chapter 23. 

[May Session, ch. 29.] 

AN ACT TO EXEMPT THE PEOPLE CALLED QUAKERS FROM PAY- 
ING TAXES FOR THE SUPPORT OF PUBLIC WORSHIP. 



Preamble. 



W7iereas the Act for exempting persons called Quakers 
from paying Ministerial Taxes has expired — 

Be it Enacted hy the Senate and House of Representa- 
tives in General Court assembled and hy the authority of 
Quakers ex- ^/^g same, that all such persons as are of the Reli odious sect 

empted from ' . . ,. /^i • • 1 1 i y-w i • i • 

taxes for the oi' denomination oi Christians called Quakers within this 
Hc^vorship!'" Commonwealtli who alledge a scruple of conscience rela- 
tive to the right of paying Taxes assessed for the support 
of the settled Ministers of Churches or religious Societys, 
be and they hereb}'^ are exempted from taxation both for 
their Polls and Estates in their own hands and under their 
actual improvement, in any Tax or assessment hereafter 
made for the raising any Monies for the purpose of settling 
or supporting any such Minister or Ministers or for build- 
ing or repairing any meeting House or other place for 
public worship, and are likewise exempted from collecting 
any Taxes granted for the purpose aforesaid. — And to the 
intent that it may be better known who are to be exempted 
from taxation as aforesaid by this Act — 
iSg^elcempuou"' -^^ it enacted, that no person or persons in any Town 
or District or Precinct in this Commonwealth shall here- 
after be deemed or taken to be of the religious sect or de- 
nomination aforesaid so as to have his, her or their Poll 
or Polls or any estate to him her or them belonging, ex- 
empted by Virtue of this Act, from paying any such Min- 
isterial or other Taxes described as aforesaid — Other 
than such persons whose Names shall be contained in a 
list or lists taken and signed by the Clerk and two other 
members of some Society of the aforesaid Denomination, 
who shall be chosen by such society for that purpose, who 
shall therein certify in substance as followeth Vizt ; We 
the subscribers being a Committee chosen and appointed 
by a religious sect or denomination of Christians called 
Quakers or friends to exhibit a list or lists of the names 
of such persons as belong to said Society do hereby certify 
that do belong to said society, and they do 

frequently and usually when able attend with us in our 
stated meetings for religious Worship, and we verily be- 
lieve are of our religious persuasion — Which certificate 



Acts, 1797. — Chapter 24. 377 



so signed, the said Committee shall cause to be delivered 
to the Town, District or Precinct Clerk, where such per- 
son or persons named in such list or lists dwell, or have 
estates liable to be taxed, on or before the first day of Sep- 
tember annually ; and the Clerk, on receiving such certifi- 
cate shall enter the same at large in the Town, District or 
Precinct Book in his keeping, with the time when the same 
was delivered to him and shall deliver an attested copy of 
such Certificate specifying the time when the same was 
delivered to him, to any person desiring the same, receiv- 
ing therefor twelve and an half Cents ; which Coppy shall 
be received and taken as evidence on any Tryal respecting 
the taxing of the persons whose names are contained in 
said certificate for any Ministerial charge or charges or 
for building or repairing any meeting House or other place 
for public worship. 

Be it further Enacted that no person being; of the sect or Quakers not 

. • • . • to vote in 

denomination aforesaid shall be allowed the right of voting ministerial 
in any matter relating to the settlement or support of any ^^'*^''^- 
minister or for building or repairing any meeting House or 
place for public worship, in any Town, District or Precinct 
in which he shall be [«^i J inhabitant at the time of holding 
the meeting or meetings for such purpose, and who is at 
the same time exempted from Taxes as aforesaid, except at 
a meeting of the religious Society to which he belongs. 

Be it further enacted that all Taxes or assessments here- Previous assess- 
tofore made for the purpose of settling or supporting any Quakerlare^^ 
public Teacher of Piety Religion and Morality or building °^^^^^' "^^^^ 
or repairing any House of public worship, Avherein the 
aforesaid denomination of Christians called Quakers have 
been omitted and not taxed shall be considered and deemed 
as legal assessments such omission notwithstanding — 
Provided such Taxes and assessments are in other respects 
legal. Ajjproved June 23, 1797. 

1797. — Chapter 24. 

[May Session, ch. 23.] 

AN ACT TO INCORPORATE CERTAIN PERSONS BY THE NAME OF 
THE SECOND RELIGIOUS SOCIETY IN BIDDEFORD. 

Sect. 1st. Be it enacted by the 8enate and House of 
Representatives in General Court Assembled & by the 
Axithority of the same that Benjamin Hooper, Benjamin Persons incor- 
Staple, Dodivah Bickford, Noah Hooper, Robert Gil- ^'''^'^^- 



378 



Acts, 1797. — Chapter 24. 



patrick, Phinehas Mclntire, Abraham Storer, Daniel 
Hooper, Samuel Emery, James Bradbury, Mathew Kis- 
sick, Benjamin Hooper junr. Jeremiah Hill, Theodore 
jMcIntire, William Freeman, Samuel Smith, Samuel Brad- 
bury, Persia Bickford jur. AVilliam Stephenson junr. 
Ebenezer Hill, Enoch Smith, Paul Thompson, Patridge 
Eichardson, Stephen Perkins, Edmund Perkins, Alexan- 
der Watson, Abraham Dearborn, Josiah Long, Robert 
Bragg, James Carlile junr. Robert Stevenson, Josiah 
Long junr. Andrew Staple, John Wadlin, William Gil- 
patrick, Obed Emery, John Hooper, George Hooper, 
Donald Cummings, William Stevenson, Joseph Dunham, 
John Townson, William Sutherland, Moses Bradbury, 
Joseph Staple, Samuel Pierson, William Haley, Aron 
Gray, Moses Rhodes, Joseph Perkins, Nathaniel Cum- 
mings, Moses Wadlin Junr. Persia Bickford, David Cur- 
rier, Thomas Burton, Benjamin Mason junr. Noah Staple, 
Pike Gordon, Edmund Coffin & Robert Patten, together 
with all those who being Inhabitants of the said Town of 
Biddeford are or shall become members of the same So- 
ciety or shall unite with them in the same place of wor- 
ship, within said Town of Biddeford, together with their 
several Polls and Estates, lying within said Town, be & 
hereby are incorporated into a Society by the name of the 
Second Religious Society in Biddeford & by that name 
may sue & be sued, plead & be impleaded, defend and be 
defended in any proper Court or place whatever. 

Sect. 2. A7id be if, /mother enacted hy the Authority 
Rules, &c. may afovesaid that the Members of said Incorporation at any 
meeting of said Society duly notified & w^arned shall have 
a right by a Majority of Votes, to ordain & establish all 
such Rules & Regulations, & to appoint such officers for 
the Government of said Society, as shall not be repugnant 
to the laws & constitution of the Commonwealth & at any 
such Meeting, to vote such Taxes & make such assess- 
ments thereof, as shall be necessary for the support of 
said Society, & the public Teacher thereof. 

Sect. 3. And be it further enacted by the Authority 
aforesaid, that all Male Persons belonging to said Society 
& qualified to Vote in Town affairs, shall have a right to 
vote in all meetings of the said Society. 

Sect.. 4. And be it further Enacted by the Authority 
aforesaid, that the petitioners & all others, their associ- 
ates in said Society, & their several Estates lying in said 



Corporate 
Dame. 



Persons quali 
fied to vote. 



Members not 
liable to the 
ministerial 
taxes. 



Acts, 1797. — Chapter 25. 379 

Town of B[e][fJddeford, shall not be liable to any tax or 
assessment which shall hereafter be granted by the town 
of Biddeford for the support of any other public Teacher 
of Piety, Religion & Morality, of what ever religious sect 
or denomination, but severally shall be held to pay their 
proportion of all taxes legally granted & agreed upon by 
said town before the passing of this Act. 

Sect. 5. And be it further enacted by the AutJiority 
aforesaid that all those who hereafter shall be desirous of ^"^bersf"""'^ 
becoming Members of said Society being inhabitants of 
said Town shall leave their names with the Town Clerk 
of said Town, Twenty days at least previous to the first 
day of April in any year hereafter, otherwise they shall 
not be considered in law as members of said Society ; and 
if any member of said Society shall be desirous of a dis- 
mission therefrom, he shall leave his name with the Clerk 
thereof twenty days before the first day of April in any 
year & thence forward shall not be considered as a mem- 
ber of said Society, but shall be considered as a member How to secede. 
of the other religious Society in the said Town. 

Sect. 6. And be it further enacted, by the Authority 
aforesaid, that anj'- five of the Members of this incorpora- First meeting. 
tion, may call a first meeting of said Society at such time 
& in such place within said Town of Biddeford, as they 
shall see fit, at which meeting the method of calling their 
future meetings shall be determined conformably to the 
Laws of the Commonwealth. Approved June 23, 1797. 



1797 —Chapter 25. 

[May Session, ch. 24.] 

AN ACT TO INCORPORATE CERTAIN PERSONS, TRUSTEES TO 
MANAGE THE FUNDS SUBSCRIBED FOR THE PERMANENT SUP- 
PORT OF A MINISTER OF THE CONGREGATIONAL DENOMINA- 
TION IN THE EAST PARISH IN GRANVILLE IN THE COUNTY OF 
HAMPSHIRE. 

Whereas the Inhabitants of the East Parish in Gran- Preamble. 
ville aforesaid have raised by Subscription a Fund of 
Five Thousand Dollars for the Support of A Congrega- 
tionel Minister in said Parish <& have petitioned the Leg- 
islature for an Act of Incorporation of certain Persons for 
the due Management thereof. 

Sect. 1st. Be it enacted, by the Senate and House of 
Representatives in General Court assembled & by the au- 



380 



Acts, 1797. — Chapter 25. 



Trustees 
appointed. 



Power. 



Trustees to re- 
ceive monies. 



How to be 
appropriated. 



Trustees to 
malie annual 
reports. 



thority of the same That William Cooley Richard Dickin- 
son, Jesse Munson, Nathaniel Bates & Assa Se3an()iir be & 
they hereby are appointed Trustees to receive & hold the 
whole of the Monies that are already or that may hereafter 
be subscribed for the purpose aforesaid to the Amount of 
Seven Thousand Dollars in the whole, in trust for the use 
& Benefit of said Parish & the permanent Support of a 
Gospel Minister of the Congregational order or denomina- 
tion and shall constitute a body politick & corporate to have 
perpetual succession for the due & faithful Management 
of said Trust & shall be vested with all powers incident 
to Corporations necessary or Requisite for that purpose. 

Sect. 2. Be it further enacted that the Trustees before 
mentioned & their successors in Office be & hereby are 
invested with sufiicient Power to receive all such Subscrip- 
tions, Donations, Securities & monies as are now in the 
hands of the Treasurer of said Parish or any other Person 
or that may hereafter be made given or subscribed for the 
purpose aforesaid, ^roiu'cZecZ the same do not exceed seven 
thousand Dollars in the whole & place the same at Interest 
on good Security at their discretion & apply the whole or 
so' much as may be necessary of the Interest arising there- 
from to pay the Sallary of such Min[i]sters as aforesaid, as 
the Majority of the Church & Congregation have or may 
Settle, but not in any case to lessen or make use of any 
part of the Principal ; & in case the whole of said Annual 
Income & Interest should be more than suflBcient to pay 
the sallary as aforesaid, then the surplus if any there be 
shall be appropriated for the Support of Schools in said 
Parish or for inlarging said Fund as the Parish may from 
time to time order or direct ; & if it shall so happen that 
said Trustees shall become seized of lands or tenements 
by Mortgage as Security for the payment of any debts, 
due to said Society or Corporation, or by levying execu- 
tions on lands for the discharge of debts due said Trustees 
or Parish & the fee thereof shall in due course of Law be 
vested therein, it shall be lawfuU for said Trustees for the 
time being to execute good & well authenticated Warran- 
tee deed of the same, provided that a Sale thereof be con- 
cluded on at any legal Meeting of said Parish. 

Sect. 3. Be it farther Enacted that said Trustees shall 
make an. annual return in Writing of their proceedings & 
disbursements & lay the same before the Parish at their 
annual Meeting in March or April for their Inspection. 



Acts, 1797. — Chapter 26. 381 

Sect. 4. Be it further enacted that the Inhabitants of J^^^f^^^J^^- 
said Parish may at any lawful Meeting duly Warned & cieath.' 
Call'd for that purpose remove any of said Trustees from 
their said Office & appoint others in their Stead & also in 
Case of Death Resiiiiiation or Removal of said Trustees or 
their Successors to fill up any Vacancy that may so happen 
from time to time. Approved June 23, 1797. 

1797. - Chapter 26. 

[May Session, ch. 26.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS OF 
THE TOWN OF UXBRIDGE IN THE COUNTY OF WORCESTER 
INTO A SOCIETY FOR RELIGIOUS PURPOSES. 

Sect. 1. Be it .Enacted by the Senate and House of 
Represeidatives in General Court assembled and by the 
Authority of the same, that Moses Whitney, Robert G. ^0^^°°^^ '°''°''' 
Tillinghast, Gershom Chapin, Joseph Rist, Aaron Taft 
junr. Ephraim Spring, Samuel Craggin, Jonathan Whip- 
ple, Benjamin Green junr. Benjamen Adams, Daniel Car- 
penter, Nicholas Baylies, Manassa Baker, David Farnum 
junr. Samuel Taft, Ebenezer Clap, William Hull, David 
Draper junr. Elisha Murdock, Asa Thayer, Nehemiah 
Hall junr. John Grout, Thaddeus Taft, Gideon Frost, 
John Seagreave, Edward Rawson, Benjamin Thwing, 
Peter White, Nathaniel Rist, Ezekiel W^oocl, Daniel Chro- 
ney, Abijah Keith, Comfort Keith, Ephraim Taft, Luther 
Taft, Chajjin Keith, Noah Keith, Joseph White, Henry 
White, Moses White, Ezra White, Nahum White, Nathan- 
iel Fish, Moses Chapin, Jacob Taft, Easman Taft, James 
Taft, Amariah Chapin, Samuel Allen, Jacob Taft, junr. 
Joseph Carpenter, Elihu Brown, Alpheus White, Samuel 
Willard, Gershom Taft, Leonard Taft, Cummings Taft, 
Joseph Taft, Noah Taft, David Taft, Joseph Taft 3d. 
Joseph Morse, Micajah Tat\. Moses Taft, David Hall, 
Jesse Morse junr. Jonathan Hall, Joseph Adams, Abner 
Taft, Webb Taft, Calvin Taft, Darius Taft, William 
Jacobs, Baxter Hall, Samuel Read, Caleb Farnum Eben- 
ezer Winslow Stephen Williams Alpheus Baylies, Eben- 
ezer Read, Bezaleel White, Solomon Tyler Joel Sibley, 
Baruck Bullard, Fredeiick Taft, Phineas Chapin, Asa 
White, Amariah White Samuel Adams, Samuel Fechem, 
Zadoc Tafi, Stephen Sibley and Bezaleel Taft, Members of 
the Congregational Society in said Town of Uxbriclge 



382 



Acts, 1797. — Chapter 26. 



Corporate 
Name. 



Other persons 
included in 
this Society. 



Mode of with- 
drawing. 



Place of 
worship. 



Appropriation 
of funds. 



(whereof the Revel. Samuel Judson is the present Pastor) 
with their polls and estates be and hereby are incorpo- 
rated into a Society by the name of the First Congrega- 
tional Society in tJxbridge and that they be and hereby 
are invested with all the powers, priviledges and immuni- 
ties that Parishes within this Commonwealth do or may by 
Law enjoy. 

Sect. 2. Be it further Enacted, that such other Inhab- 
itants of said Town of Uxbridge as have hitherto been con- 
sidered by said Town as belonging to the Congregational 
Society therein or who shall hereafter usually attend pub- 
lic Worship with said incorporated Society, shall be 
deemed and taken with their Polls and Estates as belongr- 
ing to and making part of said incorporation to all intents 
and purposes as though particularly named in this Act. 

Provided notwithstanding that nothing in this Act shall 
efiect the right of any one of the members of said Society 
withdrawing his relation therefrom and becoming a Member 
of and uniting with some other Religious Society in said 
Town ; and in case any person or persons belonging to 
said incorporated Society, shall hereafter signify to the 
Clerk thereof, his or their desire to become united with 
some other religious society in said Town, and shall pro- 
duce and lodge with the Clerk of said incorporated Society 
a Certificate signed by the Minister or Clerk of such other 
religious Society of such person or persons having usually 
attended public Worship therein and of having actually 
become united thereto, he or they shall from and after 
lodging such Certificate as aforesaid be considered as be- 
longing to such other Society. Provided, however that 
such person or persons shall be holden to pay his or their 
proportion of all Taxes legally assessed or Monies voted, 
to be raised in said incorporated Society previous to With- 
drawing his or their relation therefrom. 

Sect. 3. Be it further Enacted, that the said incorpo- 
rated Society from and after the passing of this Act be and 
hereby is invested with the priviledge of improving and 
injoying the Congregational meeting House in said Town 
(so called) for the purpose of assembling therein for pub- 
lick Worship, in the same manner as the Congregational 
Society in said Town hitherto has done, and of receiving 
and holding all such securities, or monies as have hereto- 
fore been designated and known by the name of Minis- 
terial securities or monies in said Town, and of improv- 
ing the same by appropriating the annual Interest arising 



Acts, 1797.— Chapter 27. 383 

therefrom to the support of a pul)lic teacher of Piety, Re- 
ligion and morality in said Society, so long as it shall 
remain a corporate Body and Support public worship 
therein. 

Sect. 4. Be it favther Enacted, that Bezaleel Taft First meeting. 
Esqr. be and he hereby is authorized and directed to issue 
his warrant directed to some principal inhabitant of said 
Society requiring him to give Notice to the inhabitants 
therein qualified to vote in Parish affairs to assemble and 
meet at some convenient place in said society for the pur- 
pose of choosing all such officers as Parishes are by Law 
required to choose in the Month of March or April annu- 
ally and to transact all such matters and things as may be 
necessary to be done in said Society. 

Approved June 23, 1797. 

1797. —Chapter 37. 

[May Session, ch. 25.] 

AN ACT TO INCORPORATE CERTAIN PERSONS, BY THE NAME OF 
THE FIRST CONGREGATIONAL SOCIETY IN DUDLEY. 

Sect. 1. Be it Enacted by the Senate & House of 
Representatives in General Court assembled & by the 
authority of the same that John Chamberlain, Thomas Persons incor- 
Larned, Ezbon Carter, Aaron Tufts, Jonathan Bacon, p°''^'^<^- 
Samuel Healy, Jonathan Day, Nathaniel Healy, Benjamin 
Lee, Timothy Foster, Mark Dodge, John Curtis Junr. 
Joseph Keith, Nathaniel Healy Junr. Abel Foster, Jona- 
than Bacon 2d. Joseph Healy, William Fisher, Mark 
Elwell, Lemuel Healy, Eliphaz Perry, Josiah Hovey, Wil- 
liam Healy, Hezekiah Healy, John Vorce, Simeon Wood, 
John Healy, John Foster, Edward Davis, Jepthah Bacon, 
Josiah Barnes, John Bowers, Moses Healy, Samuel Davis, 
Joseph Jewell, John Lawton, Jonathan Conant, David 
Nichols, David Nichols, Jr. John Coda, Nathan Wood, 
Ephraim Upham, Joseph Bracket, Benja. Mixer, Jabez 
Day, Benjamin Kidder, Aaron Davis, Joseph Davis, Ben- 
jamin Lee Jr. John Elliot Eaton, Ebenezer Ammidon, 
Josiah Conant Jr. Rufus Conant, Moses Jewell, Asa Cur- 
tis, Luther Chamberlain, Amasa Nichols, Stephen Healy, 
Joseph Allen, Eden Davis, Joseph Davis Jr. Josiah Perry, 
Augustus Eddy, Isaac Lee, Paul Dodge, Eber Foster, 
Thomas Upham, Nathan Upham & Benjamin Uphum to- 
gether with all those inhabitants of the said town, who 
shall join said society & Ijecorae members thereof, with 



384 



Acts, 1797. — Chapter 28. 



Corporate 
Name. 



Rules, &c. to be 
established. 



How to leave 
the Society. 



First meeting. 



their polls & estates be & they hereby are incorporated 
into a society by the name of the fii'st congregational so- 
ciety in Dudley, & by that name may sue & be sued, 
plead & be impleaded, defend & be defended in any 
Court whatsoever. 

Sect. 2d. Be it further' Enacted that the Members of 
said Corporation, at a meeting duly warned therefor shall 
have power to make & establish all such rules & regula- 
tions, & appoint such officers for the government of said 
society, as may be necessary ; also to grant such ^ums of 
money, & order assessment thereof, or to raise money by 
taxing the pews in the meeting house, or by renting them 
out, as may be necessary or expedient for the support of 
public worship ; & other incidental charges in said society. 

Sect. 3d. Be it further Enacted that the clerk of said 
society shall keep a fair record of the names of all per- 
sons who shall become members thereof: & when any 
member of said society shall request a dismission there- 
from, and signify the same in writing to the said Clerk 
ten days before the tirst Monday in April in any year, 
such Clerk shall make a record thereof, & such person shall 
thereupon be dismissed accordingly. Provided he shall 
actually forthwith join some other religious society & pro- 
duce a certificate from the pastor or clerk of such other 
society to that effect, & lodge the same with the Clerk of 
said first named society ; but shall be holden to pay his 
proportion of such money as shall have been previously 
granted by said society first named. 

Sect. 4tii. Be it further Enacted that John Chamber- 
lain Esq. be & he hereby is empowered & directed to 
issue his warrant to some principal member of said society 
requiring him to warn a meeting thereof at such time & 
place, as shall therein be set forth, at which meeting the 
method of callino- future meetino;s shall be determined. 

Ajyproved June 23, 1797. 



1797. — Chapter 28, 

[May Session, ch. 27.] 
AN ACT TO INCORPORATE CERTAIN INHABITANTS OF TOE TOWNS 
OF FREETOWN TAUNTON & BERKELY IN THE COUNTY OF 
BRISTOL BY THE NAME OF THE BAPTIST SOCIETY COMPOSED 
OF INHABITANTS OF THE TOWNS OF FREETOWN TAUNTON & 
BERKELY. 

Sect. 1st. Be it enacted by the Senate S House of 
Bepresentatives in Genl. Court assembled S by the author- 



Acts, 1797. — Chapter 28. 385 

ity of the same that Benjamin Porter, Charles Strange, corporate 
Daniel Douglas, Abner Smith, Darius Chase, William 
Pratt, Phillip Hatheway jr. Arthur Tinkham, Gilbert 
Hatheway, Gilbert Chase, Oliver Grin well, Michael Chase 
junr. Joseph Winslow, Benjamin Chase jr. Harding 
Payne, Oliver Winslow, Thomas Hath way, John Hathway, 
Samnel Hathway, Robert Porter, Job Pease, Richard 
Clark, Ebenr. Payne, Asa Clarke, John Terry, Solomon 
Payne, John Briggs junr. William Haskins, John Strange, 
Abner Smith junr. Abiel Smith, Israel Smith & Edward 
Smith together with such as may join said society in the 
manner herein after directed with their Polls & Estates be 
& they hereby are incorporated & made a Parish by the 
name of the Baptist Society composed of Inhabitants of 
the Towns of Freetown Taunton & Berkely with all the 
rights priviledges & immunities belonging to other par- 
ishes in this Commonwealth & by that name may sue or be 
sued before any Court of proper Jurisdiction therefor. 

Sect. 2d. Be it further enacted, that when any pro- how to become, 
prietor of the meeting house in which said Society usually *^^"^^''- 
assembles for public Worship in Freetown aforesaid, 
whose name is not above mentioned, shall wish to become 
a member of said Corporation, he may signify his inten- 
tion to the Clerk thereof; & when any other Inhabitants 
of either of said Towns may wish to become a member 
of said Corporation & shall obtain the consent of said cor- 
poration therefor it shall be the duty of said Clerk to enter 
the name of any such proprietor or other person together 
with the time of such application or admittance in a book 
to be kept for that purpose ; & such proprietor or other 
Inhabitant with their Polls & Estates shall thereupon be- 
come a member of said Corporation, but shall nevertheless 
be holden to pay his proportion of all monies due from 
the Religious Society to which he before might have be- 
longed, at the time of such application or admittance in 
the same manner as if he had still continued a member 
thereof. 

Sect. 3 And he it further enacted. That Ephraim First Meeting. 
Winslow Esq. be & he hereby is authorised to issue his 
warrant to some principal member of said Corporation 
directing him to notify & warn all the members thereof 
qualified to vote in parish affairs to assemble at some con- 
venient time & place to choose all such officers as parishes 
are by Law authorized or required to choose in the month 
of March or April annually. ApT^roved Jxine 23, 1797. 



386 



Acts, 1797. — Chapter 29. 



Preamble. 



Persons incor- 
porated. 



Title. 



May hold estate. 



Appropriation 
of funds. 



First Meeting. 



To choose 
officers. 



1797.— Chapter 29. 

[May Sessiou, ch. 28.] 

AN ACT FOR INCORPORATING A CHARITABLE ASSOCIATION IN 
THE MIDDLE PARISH IN THE TOWN OF GRANVILLE. 

Whereas divers persons in the Town of Granville have 
associatea for the purpose of supporting the preaching of 
the Gospel in said Parish, and are desirous of being en- 
abled to raise and manage a Common Fimd for that 
purpose : 

Sect. 1. Be it Enacted by the Senate <& House of 
Representatives in General Court assembled & by the 
authority of the same, that Timothy Robinson Esqr. David 
Curtis, David Parsons, Elihu Adkins, John Bates, Jacob 
Bates, David Robinson, Jacob Baldwin, Seth Parsons, 
John Phelps, Amos Baldwin, and their Associates, shall be 
a Corporation and Body Politick under the name of the 
Charitable Association in the Middle Parish in the Town 
of Granville, and shall have and possess all the rights and 
immunities incident to Corporations and Bodies Politic. 

Sect. 2. Be it further Enacted that said Corporation 
may hold any estate real or personal, the annual income 
of which shall not exceed one thousand Dollars ; & all do- 
nations or subscriptions shall be put out on interest on 
good security, & the interest applied, or so much as may 
l)e necessary to pay the salary of such learned, orthodox 
Protestant Teacher of Piety, Religion & Morality as the 
majority of the Church and Congregation of said Parish 
may from time to time ordain, or procure to be settled 
over them in the work of the ministry — and the overplus of 
the interest arising from the Capital stock, shall be applied 
for the benefit of a Grammar School for said Corporation 
in such place as they may hereafter agree upon in said 
Parish, and for no other purpose whatsoever. 

Sect. 3. Be it further Enacted that any two of said 
Persons above named, may call a meeting of said Asso- 
ciates, at such time & place as they may think tit, in said 
Middle Parish in Granville, by posting up notifications of 
the time and place of Meeting in two or more public 
places in said Parish, at least fourteen days before the time 
for holdinof said meetino; ; at which meetins; the said Associ- 
ates by a vote of the majority of those present, may choose 
a Clerk and such other Officers as they may deem proper, 
and agree upon a method of calling future meetings. 



Acts, 1797. — Chapters 30, 31. 387 

Sect. 4. Be it further Enacted that the Votes, Pro- Regular books 
ceedino-s & Transactions of the said Corporation, and a ° ^ ^^ ' 
fair account of the state of their Funds, Eeceipts, Expen- 
ditures, Donations, Subscriptions and Legacies, shall be 
constantly kept and recorded in one or more books by the 
Clerk of said Corporation, who shall be sworn to the faith- 
ful discharge of his duty, and the same shall at all times 
be open to the inspection and examination of the Legis- 
lature or any person or persons appointed by the Legislat- 
ure to inspect the same. Apjyroved June 23, 1797. 

1797. — Chapter 30. 

[May Session, ch. 30.] 

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT DIRECTING 
THE METHOD FOR LAYING OUT HIGHWAYS." 

Whereas doubts have arisen ivhether the Courts of Gen- Preamble. 
eral sessions of the peace in their respective Counties are 
authorized hy said Act to discontinue highways — For the 
removal ivhereof — 

Sec 1. Be it Enacted hy the Senate and House of 
Representatives in General Court assembled and by the 
Authority of the same. That any Court of General Sessions courts of ses- 
of the Peace upon petition or otherwise may discontinue con°tinue roads. 
any highway or public Road within the same County in 
part or whole, whenever they shall be fully satisfied, that 
it is not expedient that the same should be continued any 
longer. 

Sec 2. Be it further Enacted, That all orders and Proceedings of 

-' ' such courts 

determinations of the several Courts of General Sessions confirmed. 
of the Peace, heretofore had and passed for the discontinu- 
ance of any highway or public road, shall be held and 
considered as good and valid to all intents and purposes, 
as if said Act to which this is in addition had explicitly 
vested said authority in said Courts. 

Approved June 23, 1797. 

1797. —Chapter 31. 

[May Session, ch. 31.] 

AN ACT TO SECURE THE TOWN OF BOSTON AGAINST DAMAGE 
FROM FIRES. 

Sect. 1. Be it Enacted by the Senate and House of 
Bepresentatives in General Court assembled <& by the au- 



388 



Acts, 1797. — Chapter 31. 



Certain build- 
ings, to be built 
principally of 
brick, &c. 



Other buildings 
to be built 
partially of 
brick, &c. 



Rope walk 
Tar Kettles. 



Carrying fire 
uncovered in 
the streets, 
&c. forbidden. 



Firewards 
authorized to 
assist in the 
execution of 
this law. 



thority of the same, that from and after the passing of this 
Act, ail Meeting-houses, Distilleries, Liv^ery Stables, 
Malt-houses, Breweries and public Buildings of every 
description which may hereafter be erected in the said 
Town of Boston, shall be built on all sides entirely of 
Brick or Stone except such parts as may be necessary for 
doors & windows, and the roofs thereof entirely covered 
with slate, tile, composition, or such other incombustible 
materials as will effectually secure the same against fire, 
and also that the Eaves thereof be secured against fire. 

Sect. 2. And he it /mother Enacted that all other build- 
ings more than fourteen feet from the ground, to the hiohest 
point in the Roof, and twenty four feet wide in the broad- 
est part thereof, which may be hereafter erected within 
said Town, shall be built with one of the largest sides or 
two of the ends which shall be equal to one of the largest 
sides thereof, entirely of brick or stone, excepting such 
parts as may be necessary for doors & windows in said 
Walls ; and that the roof of all such Buildings shall be 
covered with Slate, Tyle, Composition or such other 
materials, as aforesaid, as shall effectually secure the same, 
against fire. 

Sect. 3. And be it further Enacted that within sixty 
days from and after the passing of this Act, every Tar 
Kettle which shall be made use of in the Town of Boston 
for the purpose of boiling Tar for the use of any Rope- 
walk, shall be so fixed as to prevent all communication 
whatever between the Tar and the tire, and that the tire 
place under every such Kettle, shall be so constructed 
with an arch thrown over the same, and secured by an iron 
door, as effectually to enclose the Fire therein. 

Sect. 4. And be it further Enacted, that no person 
shall carry any tire thro' the streets of said Town in 
the day or night, except in some covered Vessel, or shall 
smoke, or have in his possession any lighted Pipe, or 
Segar, in any street, lane, alley or passage-way, or on 
any wharf in said Town, under a penalty of two Dollars, 
to be recovered of the person so offending, or of his parent. 
Guardian, Master or Mistress before any Justice of the 
Peace on complaint, and appropriated to the use of the 
Complainant. 

Sect. 5. And be it fir titer Enacted that it shall be the 
duty of each and every tireward in the Town of Boston 
and they and each of them are hereby required, to enquire 



Acts, 1797. — Chapter 31. 389 

after & give information to the Attorney General of any 
Ort'ences whicli may be committed, contrary to the true 
intent and meaning of this Act. 

Sect. 6. And be it further Enacted, that all dwelling Buildings 
houses and other buildings, which shall be hereafter erected, trary^o^thu 
within the limits of the said Town of Boston, contrary to ^e^eme^d^^ 
the true intent and meaning of this Act, shall be deemed nu'sances: 
common nuisances ; and any person who shall erect, or 
cause to be erected any building as aforesaid, and every 
Artificer who shall undertake and erect any building 
within said Town, contrary to the true intent and meaning 
of this Act, shall forfeit and pay a fine of not less than Penalty for 
Two hundred, nor more than one thousand dollars, accord- ^"^^^ '"g^"<= 
ing to the nature & aggravation of the oftence, to be re- Howrecov. 
covered by information, which it shall be the duty of the ^"^'^ 
Attorney General, upon complaint made to him to tile, or 
by indictment before the Supreme Judicial Court ; and 
the said Court in all cases where the nuisance shall not be 
abated or removed before conviction, shall, besides giving 
Judgment for the penalty before provided, adjudge that 
the nuisance be abated, & shall issue their warrant under 
the Seal of said Court, to the Sheriff of the County of Suf- 
folk, directing him forthwith to abate and remove such 
nuisance ; & it shall be his duty to execute the same, re- 
quiring the assistance of the County if necessary, as in the 
service & execution of other legal writs & precepts ; & 
the Sherifi' may destrain the materials of every such nui- abaung^such 
sance, or any part of them, & retain the same in his pos- nuisance, 
session for the space of six days, unless the costs & 
expences of abating & removing such nuisance be sooner 
paid ; and after the expiration of the time aforesaid, may 
sell and dispose of the same at public Auction, after hav- 
ing given six days notice by publicly advertizing the same, 
& after deducting all costs & expences & charges of sale, 
shall restore the remainder of the proceeds if any, to the 
owner of the building ; & it shall be the duty of the 
Sheriff, within six days after the time of abating such nui- 
sance, to furnish the Owner or his Agent or Attorney, 
with an account of the cost & expence incurred by the 
service of such Warrant ; & in case of any disagreement, 
any two Justices of the Peace in said County, Quorum 
urns, upon application made by the party aggrieved, may 
in a summary manner after notice to the Sherifi', hear and 
determine the same, saving to either party a right to ap- 



390 



Acts, 1797. — Chapters 32, 33. 



Penalty for 
having fire in 
a Ropewalk. 



Previous Act 
repealed. 



peal from the decision of such Justice to the Supreme 
Judicial Court, next to be holden in said County, who 
may finally determine the same either with or without the 
intervention of a Jury as the nature of the case may re- 
quire. 

Sect. 7. And be it further Enacted, that if any person 
after the passing this Act, shall have in his possession in 
any Rope Walk within said Town of Boston, any fire, 
lighted pipe, segar, candle or Lamp, he shall forfeit for 
each ofl:ence, a sum not exceeding one hundred Dollars, 
nor less than Five dollars to be recovered to the use of 
the Prosecutor, in any Court proper to try the same. 

Sect. 8. And be it further Enacted, That An Act, en- 
titled "An Act to secure the Town of Boston against dam- 
age from Fire," passed in March last, be and hereby i& 
repealed. Approved June 23, 1797. 



Time of hold- 
ing Courts at 
Ipswich — 



at Barnstable — 



at Cambridge. 



1797. — Chapter 33. 

[May Session, ch. 32.] 

AN ACT TO ALTER THE TIMES OF THE SITTING OF SOME OF THE 

JUDICIAL COURTS. 

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 the 
Court of General sessions of the Peace and Court of com- 
mon Pleas by Law to be holden at Ipswich in the County 
of Essex on the first Tuesday in April shall be holden on 
the second Tuesday of April Annually ; and the said 
Courts by Law to be holden at Barnstable in the County 
of Barnstable on the first Tuesday of April shall be holden 
on the last Tuesday of March annually ; and the said 
Courts by Law to be holden at Cambridge in the County 
of Middlesex on the Monday next preceding the last Tues- 
day of November shall be holden on the third Monday in 
November annually — Any Law usage or Custom to the 
contrary notwithstanding. Apj^roved June 23, 1797. 



Preamble. 



1797. — Chapter 33. 

[January Session, ch. 1.] 
AN ACT TO ASCERTAIN AND ESTABLISH THE DIVIDING LINE BE- 
TWEEN THE TOWN OF DUNSTABLE AND DISTRICT OF TYNGS- 
BOROUGH IN THE COUNTY OF MIDDLESEX. 

Whei'eas in the Act entitled, " An Act for incorporating 
the easterly and southerly jparis of the Toiun of Dunstable 



Acts, 1797. — Chaptek 34 391 

into a District by the name of TTjngshorough,^^ the dividing 
line between said Totvn and district on the Southerly Side 
of said Town is so expressed as that doubts have arisen 
ivith respect to the same. — Therefore — 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the sam.e, that a line beginning at the southeast Boundaries, 
corner of said Town of Dunstable at a place fifty rods dis- 
tant from John Cuming's house and fourteen rods west of 
a line drawn due south from said House from thence run- 
ing south sixty three and a half degrees west forty rods, 
thence north eighty five degrees west one hundred & two 
rods, thence south twelve degrees east tw^enty four rods, 
thence north eighty two degrees west sixty rods, thence 
south thirty three degrees east thirty six rods, thence 
south sixty three & a half degrees west, three hundred and 
thirty rods, thence north twenty three degrees west two 
hundred & five rods, thence south twenty two and a half de- 
grees west one hundred and seventy rods, thence south 
eighty degrees west one hundred and thirty rods, thence 
west five degrees south thirty three rods to Massapog Pond 
so called, thence South Sixty two degrees west to the line of 
the Town of Groton, shall be & hereby is established & 
ascertained as the dividing line between the said Town, and 
district on the Southerly side of said Town ; and that all that 
territory which before passing said incorporating Act made 
a part of the Town of Dunstable and which lies to the 
Southward of said line and between the same and the 
Towns of Groton and Westford shall hereafter be and 
constitute a part of the district of Tyngsborough in the 
same manner & with the same duties and privileges arising* 
therefrom as if the said dividing line had been described in 
said incorporating act as it is hereby established. 

Approved January 29, 1798. 



1797. — Chapter 34. 

[January Session, ch. 2.] 

AN ACT TO INCORPORATE TOBIAS LORD, OLIVER KEATING, 
THACHER GODDARD, AND OTHERS, FOR THE PURPOSE OF 
KEEPING IN REPAIR A PIER AT THE MOUTH OF KENNEBUNK 
RIVER, AND TO GRANT THEM A DUTY FOR REIMBURSING THE 
EXPENCE OF ERECTING THE SAME. 

Whereas the building the Pier at the mouth of tJie Ken- 
nebunk River, has been found to be of great utility by 



392 



Acts, 1797. — Chapter 34. 



Incorporating 
clause. 



Duty estab- 
lished. 



Mode of calling 
first meeting. 



rendering the passage in and out of said River less diffi- 
cult and dangerous: and ivhereas the said Tobias Lord, 
Oliver Keating and Thacher Goddard, on behalf of them- 
selves and associates, have petitioned this Court for an 
Incorporation : 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, that Tobias Lord, Oliver Keating 
and Thacher Goddard, together with such others as now 
are, or who hereafter may become Proprietors of the said 
Pier, be and they are hereby made and constituted a Body 
Politic and Corporate by the name of The Proprietors of 
the Kennebunk Pier ; and by that name may sue and be 
sued to final Judgment and Execution, and may do and 
suffer all matters and things which Bodies Politic may or 
ought to do and suffer ; and may have and use a Common 
Seal, and the same break and alter at pleasure. 

Sect. 2. Be it further Enacted, that for the purpose 
of reimbursing the said Proprietors, the Money by them 
expended or to be expended in building and supporting 
said Pier, a duty upon the Tonnage of Vessels employep 
in foreign Trade, and a duty upon the licences of Vessels 
employed in the Coasting Trade and Fisheries, be and is 
hereby granted & established for the sole benefit of the 
said Proprietors not exceeding the rates following, vizt. 
Upon all registered Vessels passing out of said River, and 
bound to a foreign Port, five cents per ton, to be paid at 
the time of clearance, to the Collector of said proprietors 
for their use ; and the sum of ten cents per ton per 
annum upon all Vessels owned in said river, employed in 
the coasting Trade and Fisheries to be paid said Collector 
at the time of granting or renewing the licences of said 
Vessels ; and two cents per ton, upon all Vessels not 
owned in said River which shall come into the same for 
the purposes of Trade and Commerce. 

Sect. 3. Be it further Enacted that said Tobias 
Lord, Oliver Keating and Thacher Goddard, or any two 
of them, may, by posting up Notifications in some public 
places in the Towns of Arundell and Wells, warn & call a 
Meeting of said Proprietors, to be holden at any suitable 
time and place after fourteen days from the posting up 
said Notifications. And said Proprietors by a majority of 
those present or represented at said Meeting (accounting 
and allowing one Vote to a single share in all cases ; p>''''^~ 



Acts, 1797.— Chapter 35. 393 

vided that no one Proprietor shall be allowed more than 
ten votes) shall choose a Clerk, who shall be sworn to the 
faithful discharge of his Office. And the said Proprietors 
shall also agree upon the method of calling future Meet- 
in^!^ : and at the same, or any future Meetino; may elect Officers to be 
such Officers, and make and establish such Rules and Bye- bye-iaws made. 
Laws, (not repugnant to the Laws of this Commonwealth 
or of the United States) as they may think necessary for 
the regulation of said Corporation. And the same Rules 
and Bye-Laws may cause to be executed, and may annex 
penalties to the breach thereof not exceeding ten Dollars. 
And all representations at any Meetings of the said Cor- 
poration, shall be proved by writing, signed by the per- 
son to be represented and tiled by the Clerk ; and all Rules, 
Regulations, Bye-Laws and Proceedings of the said Corpo- 
tion, shall be fairly & truly recorded by the Clerk, in a 
book or books to be provided and kept for this purpose. 

Sect. 4. Be it further Enacted, that any Proprietor's shares trans- 
share or shares in said Pier, may be transferred by Deed attachable. 
duly executed and recorded by the Clerk of said Corpo- 
ration ; and when any share or shares of said Pier shall be 
attached on mesne process, an attested copy of such proc- 
ess shall be left with the said Proprietor's Clerk at the 
time of such attachment, otherwise the same shall be void. 

Sect. 5. Be it furtJier Enacted ih^i the Duty herein commencement 
granted to said Proprietors, shall commence at the expira- the Duty ' 
tion of twenty days after the Congress of the United '''^°"'*"^- 
States shall have consented thereto ; and shall continue to 
be in force for the lienetit of said Proprietors, their Heirs 
and Assigns, for the space of ten Years ; subject then to 
be revised and altered by the Legislature of this Com- 
monwealth ; and said Pier shall be kept in good repair 
during the whole of said term. 

Approved February 5, 1798. 

1797. — Chapter 35. 

[January Session, ch. 3.] 

AN ACT PRESCRIBING THE MODE OF TAKING DEPOSITIONS, AND 
ADMINISTERING OATHS AND AFFIRMATIONS. 

Section 1. Be it Enacted hy tlie Senate & House of 
Representatives in General Court assembled and hy the 
A.uthority of the same, that when any Civil Cause shall be cases in which 
pending in any Court, or before any Justice of the Peace ariowaMe"' ^'^ 



394: Acts, 1797. — Chapter 35. 

in this Commonwealth, and the Writ, Original Summons 
or Complaint therein, shall have been served on the De- 
fendant, or be pending before Referees or Arbitrators, and 
either party in the cause shall think it necessary to have 
the Testimony therein of any person who shall live more 
than thirty miles from the place of Trial by a Court, Jury, 
Referees or Arbitrators, or shall be bound on a voyage to> 
Sea before, or be about to go out of the Commonwealth, 
and not to return in time for the Trial ; or shall be so sick, 
infirm, or aged as not to be able to travel & attend at the 
Trial, then the deposition of such person may be taken 
before any Justice of the Peace, not being of Counsel or 
Attorney to either party, or interested in the event of the 
Proviso. cause, provided notice be given and proceedings be had 

as hereinafter directed. 
^venlo adverse § 2. £e it fuHlier Enacted, that when either party in 
party. ^j^g, (jaygg shall api)ly to a Justice of the Peace to take such 

Deposition, he shall give notice to the adverse party, if 
living within Twenty miles of the place of taking the same 
in substance as follows, to wit. ss. To of in 

the County of (addition) Greeting. Whereas A. B. 

of in the County of (addition) has requested me 

to take the Deposition of of in the County of 
(addition) to be used in an Action of pending between 
you and the said A. B. & the House of in and the 
day of in the Year of our Lord at of the 

Clock in the noon, are appointed the time and place 
for the said Deponent to testify what he knows relating to 
the said Action, you are hereby notified that you may then 
& there be present, and put such interrogatories as you 
may think fit. Given under my hand and seal, at 

on the day of in the Year of our Lord Justice 

of the Peace. And the service of this Notification on the 
said adverse party, or his Attorney, by leaving an attested 
Copy thereof, at his last & usual place of abode, allowing 
time for his attendance after being notified, not less than 
at the rate of one day. Lord's days exclusive, for every 
Twenty miles travel, and such service being proved by the 
Affidavit of a disinterested Witness, or by the return on 
said Notification of the Sherifl' or his Deputy of the 
County, or of the Constable of the Town where the said 
adverse, party or his Attorney shall live, shall be deemed 
Mode of serving sulficicnt uoticc. And whcu the said adverse party in any 
notice. case, shall live more than twenty miles from the place of 



Acts, 1797. — Chapter 35. 395 

taking any Deposition, and his or her Attorney shall live 
within that distance, such Attorney shall be notified as 
aforesaid, mutatis mutandis. But no person, for the pur- 
poses of this Act shall be considered as the Attorney of 
another, untill such Attorney shall have endorsed the 
Writ, or endorsed his name on the summons, to be left 
with the Defendant in the cause ; or until he shall have 
appeared for his principal in the cause, before the Justice of 
the Peace, Referees or Arbitrators, or in the Court where 
the said action shall be pending, or shall have given notice 
in writing, stating he is Attorney in the cause, to the 
other party or his Attorney. And where there are several 
Plaintiffs or Defendants in any Action, such notice to one 
of them, or the notice aforesaid to be given by the said 
Justice, given to one of them, shall be deemed sufficient. 

§ 3. Beit further Enacted, t\\2it every person deposing Method of 
as aforesaid, shall be carefully examined, and cautioned deponents. 
and sworn or aflSrmed to testify the whole truth and noth- 
ing but the truth, and shall subscribe the Testimony by 
him or her given, after the same shall be reduced to writ- 
ing ; which shall be done only by the Justice taking the 
Deposition or by the Deponent or some disinterested per- 
son, in the presence of the said Justice ; and the Deposi- 
tion so taken, shall be retained by such Justice until he 
deliver the same together with a Certificate of the reasons 
for taking such Deposition, and of notice, if any, with his 
own hand to the Court, Justice, Referees or Arbitrators 
for which it may have been taken, or shall together with 
such Certificate as aforesaid, be sealed up by him and 
directed to such Court, Justice, Referees, or Arbitrators, 
and remain under his Seal until opened in Court, or by 
such Justice or Referees or Arbitrators. Which Certifi- 
cate shall be in substance as follows, to wit. ss. 
On the day of in the year of our Lord the Form of cer- 
aforesaid Deponent was examined, and cautioned and deposition. 
sworn (or affirmed) agreeable to law to the Deposition 
aforesaid by him subscribed, taken at the Request of , 
and to be used in an Action of , now pending between 
him and , before [here name the Court, Justice Ref- 
erees or Arbitrators] and the adverse party was or was 
not present: (as the case may be) or living more than 
twenty miles from the place of caption, was not notified, 
the said Deponent living more than thirty miles from the 
place of Trial or beina: about to go out of the Common- 



396 Acts, 1797. — Chapter 35. 

wealth, and not to return in time for the Trial, or being 
bound on a voyage to Sea, or being so sick ; or being so 
infirm ; or being so aged as to be unable to travel and 
attend at the Trial is the cause of taking this Deposition. 
Justice of the Peace. 
fi^mmons ^ ^- ^^ *^ further Enacted, that such Justice, when 

to deponents, requested by the party applying as aforesaid, shall issue 
his summons to the Deponent, in substance as follows, 
to wit. 89. To of in the County of (addi- 
tion) Greeting, Whereas A. B. of in the County 
of (addition) has requested me to take your Dep- 

osition to be used in an Action now pending between him 
and , and the House of , in , and the day 

of in the Year of our Lord at of the Clock, in 
the noon, are appointed the time & place, for taking 
the same Deposition ; You are hereby required in the 
name of the Commonwealth of Massachusetts, then and 
there to appear to testify what you know relating to the 
said Action. Hereof fail not. Given under my hand and 
seal, at the day of in the Year of our Lord 

Justice of the Peace. Which Summons when 

served, and the service thereof proved as before prescribed 
in the case of the said notification, shall be deemed good 
ruendInc°/.°°° & suflScieut : And if any Deponent so summoned, shall 
neglect to appear at the time & place appointed in the 
summons, and having tendered to him or her Thirty four 
cents, for his or her time & four cents a mile for his or 
her travel, computing from the Deponent's said place of 
abode, to the place of Caption and back, such Deponent 
shall be subject to like actions, forfeitures & attachment, 
as are provided by Law, where Witnesses are summoned 
to Court, and do not appear. 
S^onyfwife"" § 5. Be it further Enacted, that if on the trial of any 

to be taken, causc, either party shall make it appear probable to the 
Court, that it will not be in his power to produce the Wit- 
nesses, there testifying on the appeal or review of the 
cause, and shall move that their Testimony be taken down 
in writing, it shall be done by the Clerk of the said Court 
or by such Justice of the Peace as the Court shall appoint ; 
wh^entobe and if any appeal or review be had, such Testimony may 
be used, if it shall appear to the satisfaction of the Court 
that the witnesses are then living more than thirty miles 
from the place of Trial, or dead, or gone out of the State, 
or on a voyage to sea, or so sick, infirm or aged, as then 



Acts, 1797. — Chapter 35. 397 

to be unable to travel and attend at the trial, and not 
otherwise. And in every case (as oral Testimony ex- 
amined & cross examined in open Court, is to be })referred 
to Depositions, when it can be reasonably had) where the 
Deposition of a Witness shall have been taken, it shall not pepoBiUons not 

1 1 • 1 I n^ • 1 1 1 /^ T • to be used, if 

be used in the cause at the Irial, by the Court, Justice, deponent can 
Referees or Arbitrators, if the adverse party shall then appeTr! ^ 
make it appear that the reasons for taking the said Deposi- 
tion no longer exist ; but that the Witness is within the 
said distance, and able personally to appear. 

§ 6. Be it further Enacted, that all depositions taken Foreign depoei. 
out of this Commonwealth, before any Justice of the peace, uTJd.""^ 
Public Notary, or other person legally empowered to take 
Depositions in the State or County where such depositions 
shall be taken and certified, may be admitted as evidence 
in any civil action, or rejected at the discretion of the 
Court. Provided Nevertheless, that if the adverse party Proviso. 
or his Attorney shall live within twenty miles of the place 
of caption, no deposition shall be admitted unless it shall 
appear by the caption or affidavit, that such adverse party 
or his Attorney was notified of the time &, place of caption. 

§ 7 . Be it farther Enacted that the Justices of the judges may 
Supreme Judicial Court and of the Court of Common tionrt?be°*'" 
Pleas may grant a dedimus potestatem, to have depositions [he^stat^e! °* 
taken either within or without the Commonw^ealth, in any 
Action, Suit or Controversy, pending in said Courts, re- 
spectively, on such terms and conditions as they from 
time to time shall prescribe. 

§ 8. Be it further Enacted, that where any Deposition Depositions 
shall be taken in perpetual remembrance of a Thing, it remembrance 
shall be done by two Justices of the Peace, quorum unus, °o be' ukl'n!""^ 
and they shall cause such as they know to be interested, 
to be duly notified of the time & place of the caption, if 
within twenty miles thereof, and if without that distance, 
their Attorney if any they have ; and the Deposition being 
reduced to writing by one of the Justices, or by the depo- 
nent in their presence, and subscribed, the said Justices 
shall administer the oath and certify the caption in sub- 
stance as follows, to wit. Commonwealth of Massachu- 
setts ss. Town of this day of in the year 
of our Lord Personally appeared before us the Sub- 
scribers, two Justices of the Peace in and for the County 
of quorum, umis the aforesaid Deponent, and after 
being carefully examined & duly cautioned to testify the 



398 



Acts, 1797. — Chapter 35. 



Where to be 
recorded. 



Quakers may 
affirm. 



Penalty for false 
affirmation. 



Penalties for 
falsely depos- 
ing. 



Form of admin- 
istering an oath. 



whole truth and nothing but the truth, made oath or 
affirmed, that the foregoing Deposition by him subscribed, 
is true. Taken at the request of , to be preserved in 

perpetual remembrance of the thing. And we duly 
notified all persons living within twenty miles of this place 
of caption we knew to be interested in the property to 
which the said Deposition relates ; and attended, (if 
any person so notified did attend) or we not knowing 
any persons living within twenty miles of said place of 
Caption interested in the property whereto the aforesaid 
deposition relates, did not notify any persons to attend. 
And the same deposition and caption shall within ninety 
days, be recorded in the Office of the Register of Deeds 
in the County where the land lies, if the Deposition re- 
spected Real Estates, and if the same respected personal 
estates, then in the said Office of the County where the 
person lives for whose use such Deposition was taken ; 
and such certificate shall be certified on the Deposition, 
and the same Deposition so certified, or a Copy of the said 
Record, may in the case of the death of such Deponent, 
absence out of the State, or inability to attend the Court 
as aforesaid, be used as evidence in any cause to which it 
may relate. 

§ 9. Be it further Enacted that every Quaker, who 
on any lawful occasion shall be required to take an oath, 
as a Witness in any cause, or as a Juror in any civil cause, 
shall instead of the usual form be permitted to affirm in 
these words, to wit. "I — A. B. do solemnly and sincerely 
affirm under the pains and penalties of perjury," which 
affirmation shall be deemed of the same force & effect his 
or her oath would have been on the same occasion taken 
in the usual form. And if any Quaker, making such 
affirmation shall be convicted wilfully, falsely & corruptly 
to have testified in any matter or thing, he or she so offend- 
ing, shall incur the same penalties and forfeitures, as by 
the Laws of this Commonwealth are enacted against per- 
sons convicted of wilful and corrupt perjury. 

§ 10. Be it farther Enacted, that if any person shall 
wilfully, falsely & corruptly swear or affirm in giving or 
making any deposition or affidavit in this Act provided to 
be taken, he or she shall incur the same penalties as if the 
Testimgny had been taken in open Court, & wilful per- 
jury committed in giving the same. And in the adminis- 
tration of oaths ip this Commonwealth, the ceremony of 



Acts, 1797. — Chapters 36, 37. 399 

liftins^ up the hand as heretofore used, shall be practised 
with such exceptions as to Mahometans and other persons 
who believe that an Oath is not binding unless taken in 
their accustomed manner, as the several Courts shall find 
necessary in the execution of the Laws. 

§ 11. Be it further Unacted that this act shall take Former laws 
effect & be in force on and after the hrst day of July '■®^"^'"' 
next ; and that all Laws enacted in this Commonwealth 
on the subject matter of this act, before the first day of 
November A D one thousand seven hundred and eighty, 
shall on & after the first day of July next, be repealed, 
so far as they shall relate to all depositions & affidavits 
which shall be taken on and after that day. 

Approved February 5, 1 798. 

1797. — Chapter 36. 

[January Session, ch. 4.] 

AN ACT TO ANNEX SEVERAL GRANTS OF LAND IN THE COUNTY 
OF BERKSHIRE TO THE TOWN OF BECKET AVITHIN THE SAID 
COUNTY. 

Sect. 1st. Be it enacted hy the Senate & House of 
JRepresentatives in General Court assembled and by the 
Authority of the same, that the Lands lying between Boundaries. 
Louden, Blanford, Chester and Becket (vizt.) beginning 
at the South East Corner of Becket on Chester line and 
runing Southerly on Chester line to Blanford North line 
and continuing on Blandford North line to the North East 
Corner of Louden, thence Westerly on Louden to Becket 
South line, thence following Becket line to the bounds 
first mentioned — with all the Inhabitants thereon — be & 
they hereby are annexed to the same Town of Becket. 

Sect. 2d. And be it further enacted, that there shall ttx'lif Beckeu^ 
be added five cents to the said Town of Becket's propor- 
tion of each thousand dollars that shall be raised by taxes 
in this Commonwealth untill a new valuation shall be 
taken. Approved February 3, 1798. 

1797.— Chapter 37. 

[January Session, ch. 8.] 

AN ACT ALTERING THE NAME OF WILLIAM GRAY THE FIFTH 

TO THE NAME OF WILLIAM SHEPARD GRAY. 

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



400 Acts, 1797. — Chapter 38. 

the same, That from and after the passing of this Act, 
William Gray the fifth of Salem in the County of Essex, 
Son of AYilliam Gray the third of said Salem, shall be, 
and hereby is authorised and empowered to take, bear and 
use the name of William Shepard Gray, and shall be 
called and known by that Name at all times hereafter. 

Approved February 5, 1 798. 

1797— Chapter 38. 

[January Session, ch. 6.] 

AN ACT TO SET OFF CERTAIN LAND FROM THE TOWN OF GRO- 
TON & ANNEX THE SAME TO THE TOWN OF SHIRLEY. 

Sect. 1. Be it Enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
Boundaries. authority of the same, that a Tract of land at the South 
Western extremity of the Town of Groton bounded by a 
line beginning at a large white oak stump, on the South 
east side of Nashua River, being the Northwest corner of 
the Town of Harvard ; thence running Southeasterly on 
Harvard line, as the town bounds direct, till it comes to 
the stump of a Pine Tree lately fallen down, an antient 
bound mark in said Town line ; thence Northerly to a heap 
of stones by the road leading to Harvard at Simon Daby's 
Southerly corner, thence Northeasterly on said Simon 
Daby's line to a Pine Tree marked, thence Northerly to a 
heap of stones on a ledge of rocks ; thence Northerly on 
said Simon Daby's line to a heap of stones on a large 
rock; thence Northwesterly still on said Simon Daby's 
line to a stake and stones in the roots of a pine Tree, 
fallen down, in a Valley, said Simon Daby's northeast cor- 
ner and Samuel Chase's southerly corner ; thence Northerly 
on said Samuel Chase's line, to the road leading to Abil 
Morse's mill, at a heap of stones on the North-easterly side 
of said road ; thence northeasterly on said Samuel Chase's 
line by said road to a heap of stones ; thence Northeasterly 
on said Chase's line to a stake and stones at the end of a 
ditch at a brook ; thence down said brook to Nashua 
River ; thence up said River, to the bound first mentioned, 
together with the Inhabitants thereof, be and they are 
hereby set ofl^" from the Town of Groton & annexed to the 
Town of Shirley, there to do duty and receive privileges 
in the same manner as other lands and Inhabitants of the 
said Town of Shirley. 



Acts, 1797.— Chapters 39, 40. 401 

Sect. 2. Provided nevertheless^ and Be it further 
Enacted that the said Tract of I^and and the Inhabitants Direction re- 
thereof shall be liable to be taxed by the Town of Groton, «?««""« t»^««- 
their full proportion in a Tax to the amount of the Debts 
now due from said Town of Groton, in the same manner 
as if this act had not been passed : Provided such Tax be 
made and assessed within one year from the time of pass- 
ing this Act ; and shall also be liable to pay their propor- 
tion of all State Taxes that may be assessed on the Town 
of Groton until a new valuation be taken. 

Ax)proved February 6, 1798. 

1797. — Chapter 39. 

[January Session, ch. 7.] 

AN ACT TO SET OFF THAT PART OF THE FARM IN POSSESSION OF 
JACOB COLE WHICH LIES IN THE DISTRICT OF NEW ASHFORD 
TO THE TOWN OF CHESHIRE. 

Be it enacted hy the Senate and House of Representatives 
in General Court Assembled and by the Authority of the 
same, that so much of the farm possessed by Jacol) Cole 
of New Ashford in the County of Berkshire as lies in the 
district of New Ashford, be, and it hereby is, together 
with the said Jacob, and his personal estate, set off from 
the said district and annexed to the Town of Cheshire in 
the said County there to do duty and receive privileges. 

Approved February 6, 1 798. 

1797.— Chapter 40. 

[January Session, ch. 5.] 

AN ACT FOR SETING OFF THE NORTHEASTERLY PART OF THE 
TOWN OF SHEFFIELD IN THE COUNTY OF BERKSHIRE AND 
ANNEXING THE SAME TO THE TOWN OF NEW MARLBOROUGH 
IN THE SAME COUNTY. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled and by the 
Authority of the same. That all that tract of Land lying & Boundaries, 
being in said Town of Sheffield with the Inhabitants 
thereon contained within the following lines (viz.) Begin- 
ing at a Stake and Stones in the West line of New Marl- 
borough, it being the Northeast corner of a piece of land 
Set off from Sheffield to New Marlborough June Nineteenth 
Seventeen hundred and Ninety five, then runing West 



402 



Acts, 1797. — Chapter 41. 



Direction re- 
specting taxes. 



twelve degrees fourteen Minutes North one hundred rods, 
to a Stake and Stones ; thence West four degrees forty 
Minutes North Sixty three rods to a Stake & Stones 
thence runing North two degrees west a parrallel with 
said Town line untill it strikes Great Barrington Town 
line, thence easterly on Great Barrington Town line, 
untill it stril^es the West line of New Marlborough thence 
Southerly on said line of New Marlborough to the first 
Mentioned bound, be & hereby is set oil' from the said 
Town of Sheffield and annexed to the Town of New 
Marlborough. 

Sect. 2d. And be it further Enacted that all State, 
County & Town Charges which may be now due from the 
Inhabitants of that part of the Town of Shefi'eld which is 
hereby set off, shall be assessed, collected and paid in the 
same manner as before the passing of this Act, & also 
their proportion of the State Tax granted the present 
Session of the General Court. 

Approved February 7, 1 798. 



Impowered to 
establish price 
of fish. 



Bate. 



Former laws 
repealed. 



1797.— Chapter 41. 

[January Session, eh. 9.] 

AN ACT TO IMPOWER THE INHABITANTS, OF THE TOWN OF 
MIDDLEBOROUGH IN THE COUNTY OF PLYMOUTH, TO REGU- 
LATE THE PRICE OF THE FISH, CALLED ALEWIVES, TAKEN 
IN SAID TOWN AND FOR REPEALING ALL THE LAWS HERETO- 
FORE MADE, SO FAR AS THEY RESPECT THE REGULATION, OF 
THE PRICE OF SAID FISH, TAKEN IN SAID TOWN. 

Sect 1st. Be it enacted by the Senate and House of 
Representatives in General Court Asse^nbled and by the 
Authority of the same, that from and after the passing of 
this Act, the Inhabitants, of the town, of Middleborough 
aforesaid, are hereby impowered, annually, at any Town 
meeting legally warned for that purpose, to establish 
the price of said Fish, taken in said Town, provided 
said price l)e not above the rate of twenty five cents per 
hundred. 

Sect. 2. And be it further enacted, that all the 
laws, heretofore made, so far as they respect, the regu- 
lation of the price of said Fish, taken in said Town 
be, and hereby are repealed. 

Approved February S, 1798. 



Acts, 1797. — Chapter 42. 403 



1797. — Chapter 43. 

[January Session, ch. 10.] 

AN ACT TO SET OFF PART OF THE PARISH IN THE TOWN OF 
STOUGHTON IN THE COUNTY OF NORFOLK, AND TO ANNEX THE 
SAME TO THE NORTH PARISH IN THE TOWN OF BRIDGE WATER 
IN THE COUNTY OF PLYMOUTH. 

Sect. 1. Be it Enacted hy the Senate and House of 
Representatives in General Court assernbled and hy tlie 
authority of the same, that the lands comprized within Boundaries. 
the following described line, with the inhabitants dwelling 
thereon vizt. Beginning at the South west corner of the 
Widow Relief Leach's land (in the Town of Stoughton) on 
the west line of the School Lot ; thence running North on 
said line, until it comes to Land belonging to Caleb How- 
ard ; thence East in the range of said Howard's and Nathan- 
iel Littlefield Junr's. land, untill it comes to the Randolph 
line ; thence Southeasterly on said line until it comes to 
Nathaniel Littlefield's land ; thence Westerly in the range 
of Nathaniel Littlefield's and Nathaniel Littlefield junr's. 
land, until it comes to the road leading from Bridgewater 
to Boston ; thence Southerly by said Road until it comes 
to the Southwest corner of William Curtis' land ; thence 
easterly and south-easterly in the range of said Curtis' and 
Nathaniel Littlefield's land until it comes to the said 
Widow Leache's land ; thence Northeasterly in the range 
of said Leache's and Curtis' land, until it comes to Ran- 
dolph line ; thence Southerly on said line, until it comes 
to the land of Gideon Howard ; thence Southwesterly in 
the range of said Howard's and Leache's land, until it 
comes to Oliver Howard's land ; thence in the range of 
said How^ard's and Leache's land, until it comes to the first 
mentioned Bounds, be and they hereby are set off from the setoff. 
Parish in the Town of Stoughton, and annexed to the 
North parish in the Town of Bridgewater, and shall here- 
after he considered a part of said Parish, there to do duty 
and receive privileges as the other Inhabitants of said Par- 
ish do or may enjoy. 

Sect. 2. And Be it further Bnacted, that the persons Direction re- 
living on, or owning the above described land, shall be ^^^'^ '°^ ^^^*" 
holden to pay all Taxes that have been legally assessed upon 
them by the Parish in Stoughton, in the same manner as if 
this Act had never passed. Approved Februarys, 1798. 



404 Acts, 1797. — Chapters 43, 44. 

1797. - Chapter 43. 

[January Session, ch. 11.] 

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT, INCORPO- 
RATING CERTAIN PERSONS, IN THE TOWN OF DUDLEY, BY THE 
NAME OF THE FIRST CONGREGATIONAL SOCIETY IN SAID 
TOWN." 

Be it enacted by the Senate & House of Repi^esenta- 
tives in General Court assembled & by the authority of 
the same, that from and after the passing this Act, all the 
Inhabitants of said Town, who usually meet with said 
Society for Public Worship, & who do not belong to any 
other religious Society, together with their Estates, be & 
hereby are declared to belong to said Society, Subject to 
ail the burthens & intitled to all the Rights and immuni- 
ties thereof. Approved February 9, 1798. 

1797. — Chapter 44. 

[January Session, ch. 12.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED NEW SAND- 
WICH IN THE COUNTY OF LINCOLN INTO A TOWN BY THE 
NAME OF WAYNE. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled and by the Au- 
BoundarieB. thority of the Same, that the following described tract of 
land lying west of Winlhrop in the County of Lincoln, 
and bounded as followeth, begining on the East line of the 
Town of Livermore on the Northerly end of great An- 
drewscogin pond, thence runing north one Mile and two 
hundred and twenty rods to the south line of Fayettee, 
thence East two Miles, & one hundred and seventy rods 
to Lane's pond, thence East sixty seven and an half degrees 
south three hundred rods to the West line of the Town of 
Readfield, thence. South twenty two and an half degrees 
West, six miles and two hundred and twenty two rods to 
the South West Corner of Winthrop, thence north, sixty 
seven and half degrees west, one mile and one hundred & 
eighty rods to a Stake and Stones thence north Twenty 
five degrees east to Androscoging great pond, thence on 
the easterly side of said last mentioned pond to the stream 
runing from Wing's pond into said Androscoging pond, 
thence across said last mentioned stream and on the North- 
erly end of said Androscoging pond to the bounds first 



Acts, 1797. — Chapter 45. 405 

mentioned, together with all the Inhabitants thereon, be, 
and the same hereby are incorporated into a Town by the 
name of Wayne ; and the said Town is hereby vested with 
all the powers, priviledges and immunities, which other 
towns Avithin this Commonwealth do or may bylaw enjoy. 
Sect. 2d. And be it further enacted by the authority 
aforesaid, that Robert Page Esquire be & he is hereby First Meeting, 
authorised to issue his warrant directed to some suitable 
inhal)itant of said Town requiring him to warn the Inhab- 
itants thereof qualified to vote in Town meetings to meet 
at such time and place as shall be express'd in said War- 
rant for the purpose of choosing all such Town oflScers, as 
other towns within this Commonwealth are required to 
choose within the Month of March or April annually. 

Approved February 12, 1798. 

1797. — Chapter 45. 

[January Session, ch. 13.] 

AN ACT TO INCORPORATE THE PROPRIETORS OF MILLS ON 
CHARLES RIVER. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled, & by the au- 
thority of the same, that Simon Eliot, Jonathan Bixby, Persons in- 
Luke Bemis, Ephraim Jackson, Francis Faulkner, Wil- ''°'"p°'^ ^ 
liam Payne and Andrew Craigie, together with such other 
proprietors of one or more Mills upon Charles River, 
below the Upper Falls, as are, or may hereafter become 
Members of the Corporation, shall be, and hereby are con- 
stituted a Body Politic and Corporate, by the name of the 
Proprietors of Mills on Charles River, and by that name 
may sue and be sued, and have and enjoy all the rights 
and immunities which are by law incident to bodies politic 
and corporate. 

Sect. 2. And Be it farther Enacted, that the said Cor- May hold 
poration may purchase, acquire and hold any personal p''°p®'^'^- 
estate, the annual Income whereof shall not exceed one 
hundred Dollars ; and shall have power at any legal meet- 
ing, to assess and collect such sums of money from the 
Proprietors of said Mills, and to pursue such lawful meas- 
ures as may be deemed necessary for protecting, defend- 
ing or recovering their common rights. 

Sect. 3. And Be it further Enacted, that any Justice Meetings, mode 
of the Peace in the County of Middlesex, shall have power, ° "^ '°^' 



406 



Acts, 1797. — Chapter 46. 



on application from any three of the Proprietors aforesaid^ 
to issue his Warrant to any one of them, requiring him to 
notify and warn a meeting of said Proprietors at such time 
and place as he shall judge most convenient, and for the 
purposes to be expressed in said Warrant, by posting up 
copies of said Warrant, with the notification thereon, in 
some public places in the towns of Newton and Watertown, 
and by publishing the same in the Massachusetts Mercury, 
fourteen days before the time for holding said meet- 
ing : — And at such meeting, the Proprietors aforesaid, 
may by a vote of the majority of those present, choose a 
Moderator and Clerk, who shall be sworn to the faithful 
discharge of their duty, and agree upon a method of call- 
ing future meetings ; and it shall be the duty of said Clerk 
to keep a fair record of all the votes and transactions of 
said Corporation in one or more Books, which shall al- 
ways be kept open to the inspection of the Legislature of 
this Commonwealth, or any Committee by them appointed 
for that purpose. Approved February 12, 1798. 



Preamble. 



Former pro- 
vision limited. 



1797. — Chapter 46. 

[January Session, ch. 15.] 

AN ACT IN ADDITION TO AND FOR EXPLANATION OF AN ACT^ 
PASSED IN THE YEAR OF OUR LORD ONE THOUSAND, SEVEN 
HUNDRED AND SEVENTY FOUR, FOR DIVIDING THE TOWN OF 
SPRINGFIELD, AND ERECTING THE WESTERN PART THEREOF 
INTO A SEPERATE TOWN BY THE NAME OF WEST-SPRING- 
FIELD. 

Whereas provision is made in and hy the said Act, that 
the lands in the great aiid general Field in said West 
Springfield south of the road leading from the Ferry over 
Connecticut River to Agawam River shoidd be taxed by the 
Inhabitants of the Town of Springfield when oivned there, 
and many controversies have arisen respecting the said pro- 
vision and the operation thereof, and frequent applications 
have been made to the Legislature touching the same: For 
remedy whereof — 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, that the provision aforesaid be and 
is hereby limited and restricted to the lands lying in said 
Field of. which the said Inhabitants were Owners and Pro- 
prietors on the last day of December last past, and shall 
not hereafter extend to any other Lands in the said Field 



Acts, 1797. — Chapter 47. 407 

Avhich may hereafter be purchased or in any other way be 
owned by any Inhabitant of said Springtield. 

Sect. 2. And be it furtlier Enacted that in case after west-spnng. 

,1 • ,• c i.\ c j-i '11^1 c fit-'lfl to assess 

the expiration ot three years rrom the said last day oi taxes in case- 
December, any Lands of the said Jnliabitants of the Town 
of Springfield in the said Field shall be improved for set- 
tlement and any Dwelling-House be then standing thereon 
or any Buildings shall afterwards be erected on any of the 
said lands, then such buildings and the Lot or Lots on 
which the same shall stand or afterwards be erected shall 
forever be taxed by the said Town of West-Springfield and 
the right of the Town of Springfield to tax the same shall 
thenceforth cease and be determined. 

Sect. 3. And he it further Enacted that whenever when an 
any person other than an Inhabitant of said Springfield b°etlxed° 
shall hereafter become sole Owner or Proprietor of any lot 
of Land in the said Field which belonged to any Inhabi- 
tant of Springfield on the said last day of December or 
sole Owner or Proprietor of any separate or distinct part 
or parts of any such Lot or Lots and shall so continue to 
be for nine calendar months, then and not before the right 
of the said Town of Springfield to tax the same shall 
cease and determine & the said Town of West-Springfield 
shall have the sole right of taxing the same forever after. 

Provided however^ that if any of the said Lands owned Pi'oviso. 
by any Inhabitant of said Springfield, on the said last day 
of December shall be taken by Execution in favor of any 
person other than an Inhabitant of said Springfield and the 
said land so taken shall be redeemed within the time by 
law prescribed then such land shall continue to be taxed 
by the Inhabitants of said Springfield while owned there 
any thing herein to the contrary notwithstanding. 

Approved February 13, 1798. 

1797. — Chapter 47. 

[January Session, cli. 14.] 

AN ACT FOR ESTABLISHING A TOLL FOR THE PURPOSE OF RE- 
PAIRING AND MAINTAINING THE GREAT BRIDGE OVER THE 
RIVER PARKER, IN THE TOWN OF NEWBURY AND COUNTY OF 
ESSEX, 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the au- 
thority of the same that a Toll be and hereby is granted Rates of ton. 



408 



Acts, 1797. — Chapter 47. 



Trustee to be 
appointed. 



Toll gatherer. 



and established for the purpose of repairing and maintain- 
ing the Great Bridge over the River Parker in the town 
of Newbury in the County of Essex, to be paid by the 
Passengers over said Bridge from the first day of May to 
the last day of October, in each and every year hereafter, 
according to the rates following, vizt. For each foot 
passenger, one cent; for one person and horse, three 
cents ; for each cart or carriage drawn by one horse, with 
one driver, six cents ; for each Chaise, chair or sulkey 
with the Travellers therein, ten cents ; for each coach, 
chariot, phaeton or curricle with the travellers therein 
twenty cents ; for each other Wheel carriage, drawn by 
more than one beast, and having but one driver, ten 
cents ; for neat cattle & horses not ridden nor in teams 
or carriages, two cents each ; and for swine and sheep, 
six cents for each dozen, and after the same rate for a 
greater or less number ; and in all cases the same Toll 
shall be paid for each carriage, vehicle & team whether 
loaded or not loaded and no Toll shall be demanded upon 
the Lord's day. 

Sect. 2. Be it farther Enacted that the Court of 
General Sessions of the peace in & for said County of 
Essex, be and hereby are authorized and empowered to 
appoint from time to time some suital)le person as Trustee, 
to manage and receive said toll, and therewith to repair 
such parts of said bridge, as now do, or may hereafter 
need it; and he and his successors in that office, upon his 
or their giving bond with sufficient surety in the opinion 
of the Justices of the Court of Sessions for the County 
aforesaid for the faithful discharge of the duties of his 
office of Trustee as aforesaid, are hereby authorized & 
empowered to erect & keep up a Gate across said Bridge ; 
to agree with &, appoint from time to time, a suitable 
person to attend the same & receive said Toll, & to take 
security to him & his successors, that he will faithfully 
attend his duty at said Gate, at such hours as shall be 
agreed on between them, to receive said Toll and permit 
Travellers to pass ; & that he will account with him or 
his successors upon oath, if required, & pay him or them 
weekly, all monies received by said Toll. And if said 
Toll gatherer shall neglect attendance at the hours agreed 
upon by. him & the Trustee, or refuse to open the Gate 
for Travellers to pass, on tender of the lawful Toll, or 
shall receive or demand a greater Toll in any case, than is 



Acts, 1797. — Chapter 47. 409 

appointed by this Act, lie shall forfeit & pay the sum of negiecdngduty. 
Four dollars to be recovered with costs, by action of debt 
before any Justice of the peace, in & for the said County, 
b}' any person who will sue for the same ; & if any per- 
son shall pass, or attempt to pass thro' said Gate by 
force, & without paying the lawful Toll, he shall forfeit & SnJe^n' 
pay a like sum of Four Dollars to the Toll gatherer to be ^"fj* "^ the 
recovered in like manner, & be moreover liable to be 
prosecuted for the Oflence at Common Law ; but at all 
times when the Toll gatherer shall not attend, the Gate 
shall be left open. 

Sect. 3. Be it furtlter Enacted^ that the Court of ^""account 
General Sessions of the peace in & for the County of annuaHy. 
Essex, shall from time to time require the Trustee by 
them appointed, to render his account upon Oath annually 
in the month of October, of all monies received by said 
Toll and of his expences of repairing said Bridge, and 
may order any sum, then in his hands, more than suffi- 
cient for the then necessary repairs of said Bridge to be 
paid into the Treasury of said County, and to be let out 
by the Treasurer at interest, & to be appropriated by 
order of said Court from time to time as there may be 
occasion, to the repairing of said Bridge, and for no other 
use whatever. And any Trustee for the time being, who 
shall refuse or neglect to account or pay over as aforesaid, 
when required as aforesaid, shall forfeit and pay for each Penalty for 
offence the sum of Two hundred Dollars, to be sued for 
and recovered by the Treasurer of said County, with 
costs, by Action of Debt, in any Court proper to try the 
same ; & said forfeitures when recovered shall be appro- 
priated by order of said Court, for the repairs of said 
Bridge ; and said Court may also proceed against any 
Trustee for his refusal or neglect to account or pay over 
a.s aforesaid when duly required, by way of attachment 
as for a contempt. 

Sect. 4. Be it further Enacted that the Trustee of Jje"''""""^ 
said Bridge for the time being, may, by the name of the 
Trustee of Parker River Bridge, in Newbury, in the 
County of Essex, demand of, and if need be, sue for and 
recover of any former Trustee, if living, or the Executors 
or Administrators of any one deceased, any monies such 
living or deceased Trustee may have received by said 
Toll, and not accounted for as aforesaid, as for monies 
had and received to their use, in any Court proper to try 



410 



Acts, 1797. — Chapter 48. 



Exemption 
from toll. 



the same ; and shall be accountable for the same when 
received, as for other monies received by said Toll. 

Sect. 5. Be it farther Eri.acted, that Jonathan Poor, 
Daniel Hale, Amos Hale, Samuel Plumer, John Thurston, 
Benjamin Thurston, Mark Plumer, David Plumer, Stephen 
Poor and Simeon Plumer and their families or the Occu- 
pants of their estates contiguous to said Bridge, and their 
Minister and Physician be & they hereby are exempted 
from paying the Toll required by this law, so long as they 
shall keep in good repair, in the Judgment of the Trustee 
of said Bridge, the whole of the abutment of said Bridge, 
from the South Shore to the first arch, including the caps 
and railing. • Approved February 13, 179S. 



Preamble. 



Boundaries. 



1797. — Chapter 48. 

[January Session, ch. 16.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS, FOR BUILDING 
A BRIDGE OVER CHICAPEE RIVER, BETWEEN WILBRAHAM 
AND LUDLOW, AND FOR SUPPORTING THE SAME. 

Whereas the erectinrj a Bridge over the River between' 
Wilbraham and Ludlow will heofjiiiblic utility, and Sam- 
uel Fish Merrick and others have petitioned this Court for 
that purpose ; 

Sect. 1. Be it therefore Enacted hy the Senate and 
House of Representatives in General Court assembled and 
by the authority of the same, that Samuel Fisk Merrick, 
Gideon Burt, Elisha Shepard junr. Jason Chapin, William 
Buel, Benjamin Phillips, Joel Lyman, Charles Wiley, 
John Stickney, James Warner, Azriel Warner, William 
Brewer, Aaron Graves, Leonard Millar, Solomon Charles, 
David Worriner, Thomas Jones, Reuben Sikes, Oliver 
Bliss, Silas Bliss, James Shaw, Moses Bartlet, Elisba 
Shepard, David Hitchcock and Ephraim Moore, together 
with those who may hereafter associate with them be and 
they are hereby constituted a Corporation and Body Poli- 
tic by the name of the Wilbraham Bridge Company, for 
the purpose of building and supporting a Bridge over 
Chicapee River between Wilbraham and Ludlow and as 
such they may sue and be sued and may appoint one or 
more Agents or Attorneys to prosecute or defend them, 
and may have and keep one Common Seal which they may 
alter break or change at pleasure. 



Acts, 1797. — Chapter 48. 411 

Sect. 2. And be it further Enacted, that for reimburs- ToUestab- 
ing to the said Samuel Fisk Merrick and others before ''*^^^' 
named and their Associates the money that may be ex- 
pended in building and supporting said Bridge, a Toll be 
and hereby is granted & established for the sole benefit of 
the said Samuel Fisk Merrick and others before named 
and their Associates according to the rates following, viz. 
For each Foot-passenger One Cent and a half, for each 
person and a horse Five Cents, for each horse and chaise, 
riding-chair or sulkey Twelve Cents and a half, for each 
Sleigh, sled or cart drawn by one horse Eight Cents, for 
each sleigh drawn by more than one horse, Twelve Cents 
& a half; for each sled, or cart or waggon or other car- 
riage drawn by more than one beast with one driver 
Twelve Cents and a half; for each coach & other four 
wheel carriage for the conveyance of persons Twenty five 
Cents ; for neat cattle in a drove each One Cent ; for horse 
kind in a drove or led One Cent each ; for swine or sheep 
each half a Cent. And in all cases the same Toll shall be 
paid for all carriages & vehicles passing said Bridge 
whether the same be loaded or not. 

Sect. 3. And be it further Enacted that the said SSonre'tc. 
Bridge shall be well built of good & suitable materials at 
least thirty feet wide with sufficient rails on each side ; 
And the said proprietors or Corporation shall keep the 
said Bridge in good safe and passable repair during the 
time they shall be proprietors of the same. And if the 
said Proprietors or Corporation shall unreasonably neglect 
or refuse to keep said Bridge in good repair as aforesaid, 
on such refusal or neglect being made to appear to the 
Justices of the Court of General Sessions of the Peace in 
the County of Hampshire, it shall be in the power of said 
Court to prohibit the Proprietors aforesaid from receiving 
Toll from any person or persons passing said Bridge, until 
it shall be put by them in such repair as shall be deemed Jepah-.'^^^'' ^° ' 
sufiicient. And the Toll shall commence whenever the 
said Bridge shall be fit & safe for carriages to pass over it 
and shall continue to the said Corporation and their Suc- 
cessors forever ; subject however to alteration of the Gen- 
eral Court after the term of Twenty Years. And at the 
place where the Toll shall be received there shall be erected 
a Sign-Board with the rates of Toll fairly and legibly 
written thereon. 



412 



Acts, 1797. — Chapter 49. 



Time of build- 
ing, limited. 



Sect. 4. And be it further Enacted that if the said 
Samuel Fisk Merrick and others before named & their 
Associates shall neglect for the Term of three years after 
passing this Act to build said Bridge, then this Act shall 
be void. Apjjroved February 16, 1798. 



Preamble. 



Persons 
incorporated. 



May sue and 
be sued. 



First Meeting. 



1797. — Chapter 49. 

[January Session, ch. 1.7.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE PUR- 
POSE OF BUILDING A BRIDGE OVER YORK RIVER, AT A PLACE 
CALLED TRAFTON'S FERRY. 

Whe7'eas the erecting a Bridge over the said River in 
the Town of York at the place aforesaid will be of great 
public utility and Esaias Prebble and William Frost 
Esqrs. Alexander Rice, Abel Moulton, Josiah Chase <& 
John Main and others have petitioned this Court for an 
Act of Incorporation to empower them to build the said 
Bridge, 

Sec 1. Be it therefore Enacted by the Senate <& 
Ilouse of Representatives in General Court assembled and 
by the authority of the same, that the said Esaias Prebble, 
William Frost, Alexander Rice, Abel Moulton, Josiah 
Chase &, John Main so long as they shall be proprietors in 
a fund to be raised for the purpose of building said Bridge 
together with all those who shall hereafter become pro- 
prietors in the said fund, shall be a Corporation & Body 
Politic under the name of the proprietors of York Bridge ; 
and by that name may sue & prosecute & be sued &. pros- 
ecuted, to final Judgment & Execution & do & sutler all 
other matters & things which bodies Corporate may or 
ought to do, & suffer; & the said Corporation shall have 
full power to build a Bridge over said River at the place 
aforesaid, with authority to make have & use a Common 
Seal, & the same to break alter & renew at pleasure. 

Sec 2. Be it further Enacted that the said Esaias 
Prebble, William Frost, Alexander Rice, Abel Moulton, 
Josiah Chase & John Main or any three of them, may by 
advertisement in the Eastern Herald and Gazette of Maine 
printed at Portland, warn or call a Meeting of the said 
Proprietors to be holden in York at any suitable time 
after fifteen days from the publication of said advertise- 
ment. And the said proprietors by a vote of the majority 
of those present or represented at the said Meeting, ac- 



Acts, 1797. — Chapter 50. 413 

countina" & allowinor a Vote to each Share in all cases, 
shall choose a Clerk who shall agree on a method of call- ^'®''^- 
ing future Meetings & at the same or any subsequent 
Meeting, may make & establish any rules & regulations 
that shall be necessary or convenient for regulating said 
Corporation, for effecting completing & executing the pur- 
poses aforesaid ; & the same rules & regulations may 
cause to be kept & executed ; & for the breach thereof fg°eg*B^'^y ^° 
may order & enjoin fines or penalties not exceeding Ten 
dollars ; Provided the rules & regulations are not repug- 
nant to the Laws & Constitution of this Commonwealth. 
And the said proprietors may also choose & appoint any 
other Officer or Officers of the said Corporation that they 
may deem necessary ; & all representations at the said 
meeting shall be proved by writing signed by the person 
appointing his Kepresentative ; which shall be filed with 
or recorded by the Clerk in a Book or Books, for that 
purpose provided and kept. 

Sec. 3. Be it further Enacted, that the said Bridge Bridge, con- 
shall be well built at least Twenty-live feet wide, & shall * '""'= '°°' « «=• 
be four feet at least above the Water in a common tide at 
high water, of sound and suitable materials, with a con- 
venient Draw or passage way at least thirty feet wide & 
at proper place for the passage of Vessells, well constructed 
with substantial piers on each side & well planked on the 
top and sides with plank proper for such a Bridge & suit- 
able rails on each side ; & the same shall be kept in good 
safe, & passable repair for the term of twelve years from 
the passing of this Act. 

Sec. 4. Be it further Enacted that if the said proprie- Timeofbuiid- 
tors shall refuse or neglect for the space of three Years '°^' '™^ ^ ' 
after the passing of this Act to build and complete the said 
Bridge, then this Act shall be void & of no eflfect. 

Approved February 17,1 798. 

1797.— Chapter 50. 

[January Session, ch. 18.] 

AN ACT RELATING TO SUITS AGAINST DEFENDANTS OUT OF THE 
STATE ; ALSO TO GIVING NOTICE TO DEFENDANTS SUED. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, That when the goods or estate of IhTr'^'toV 
any person shall be attached at the suit of another in any '«" "^^^^ 



414 



Acts, 1797. — Chapter 50. 



property is 
attached. 



Reading, a good 
service in par- 
ticular cases. 



"Wlien the 
Defendant has 
never lived in 
the State — 
reading to 
tenant, &c. 



Tenants to be 
summoned, in 
some cases, 
though not 
Defendants. 



Civil Action a Summons in form prescribed by Law, shall be 
delivered to the party whose goods or estate are attached, 
or left at his or her dwelling-house, or place of last and 
usual abode, fourteen days before the day of the sitting of 
the Court where such attachment is returnable ; and in 
case the Defendant was at no time an inhabitant or resi- 
dent within this Commonwealth, then such summons to be 
left with his or her tenant, agent or attorney ; and the 
serving thereof in either case, to be certified by a sworn 
officer that executed the attachment or by some other 
sworn officer, or by affidavit made in Court by the person 
that delivered the same, and by one other credible witness 
then also present : otherwise the writ shall abate. — 

Sect. 2. Be it Enacted by the authority aforesaid, 
that in all suits wherein the process is by original sum- 
mons, as against executors, administrators, or guardians, 
in ejectment, dower, scire-facias, error, review and all 
other civil actions wherein the Law does not require a 
separate summons, to be left with the Defendant, the 
service thereof by the proper officer shall be good and 
valid in law, either by his reading the writ or original 
summons to the Defendant, or by leaving a true copy 
thereof at his or her house or place of last and usual abode, 
attested by such officer, fourteen days before the day of 
the Court's sitting whereto the same process shall be re- 
turnable. 

Sect. 3. Be it Enacted by the authority aforesaid, 
that in all actions wherein the process shall ])e by original 
summons as aforesaid, and in which the Defendant was at 
no time an Inhabitant or Resident within this Common- 
wealth, then the service thereof shall be in like manner by 
the proper officers reading the same to, or leaving a like 
copy duly attested with the tenant, agent or attorney of 
the Defendant the like number of days before the day of 
the Court's sitting whereto the same process shall be re- 
turnable. 

Sect. 4. Be it Enacted by the authority aforesaid, 
that in actions of dower and other real actions wherein it 
shall so happen that the possession of lands or buildings 
shall be demanded in the writ not of the tenant in the 
actual possession or occupancy thereof, in addition to a 
service. on the Defendant in the writ or summons as afore- 
said, there shall be a service on such tenant or occupant 
in possession, the like number of days before the day of 
the Court's sitting, by the proper officer's reading to him 



Acts, 1797. — Chapter 50. 415 

or her the same writ or original summons, or leaving a 
like attested Copy at his or her house, or place of usual 
abode on the premises, which shall also be certified l)y the 
proper officer or the writ shall al)ate. 

Sect. 5. Be it Enacted by the authority aforesaid, 
that when a suit shall be broujirht ao:ainst the i^arty defend- }^^en De- 

T /'jiT-wPij Ti'111 fendant cannot 

-ant, and no one oi the Derendants named therein, shall at be easily noti. 
the thne of the service thereof, be an Inhabitant or Resi- be deferred one 
dent within this Commonwealth, or then be present within ^^''™'~ 
the same, and shall not return l)efore the time of trial : or 
if the action shall be grounded on a tort, and any one of the 
Defendants shall so be absent, or not an Inhabitant or Resi- 
dent, and not return — then the Court wherein such suit 
shall be pending, shall continue the same to the next term, 
on a suirgestion of the fact beingr made on the record. 
And if the Defendant whose absence was noted on the 
record, shall not then appear by himself or Attorney, and 
be so remote that the notice of such suit pending, could 
not pro))ably be conveyed to him or her during the va- 
cancy, the said Court may further continue the action to 
the next term and no longer. And in such cases where 
Judgment shall be entered up by Default after one or two 
continuances as aforesaid, execution or writ of Seisin shall 
be staved and not issue forth until the Plaintifl' or Demand- Plaintiff to give 

, i" 11 I . ^ t •J_^ m • J bond, in certain 

ant shall have given bond with one or more sumcient cases. 
sureties in double the value of the estate or sum recovered 
by such Judgment, to make restitution, & to refund & pay 
back such sum as shall be given in debt or damages ; or so 
much as shall be recovered upon a suit therefor, to be 
brought in one year next after entering up the first Judg- 
ment ; if upon such suit the Judgment shall be reversed, 
annulled or altered ; the security aforesaid to be no further 
answeral)le than for the recovery that shall be made ou 
such suit, to be had within one year as aforesaid ; provided 
nevertheless if any Plaintifi" or Plaintiffs in any such suit 
shall at any time after the service of the Original Writ or 
Summons as aforesaid, and thirty days before the term 
of said Court in which Judgment may be rendered in 
manner aforesaid, cause the Defendant or Defendants in Except when 
the case (being out of this Commonwealth) to be notified summJnilgof 
of such suit by serving him or them with an attested Copy '^^ defendant. 
of such Writ or Summons, and the Officers return thereon, 
and shall file in said Court the deposition of one witness, 
being an Inhabitant of this Commonwealth, that such copy 
of said Writ or Summons was left with said Defendant or 



il6 



Acts, 1797. — Chapter 51. 



Real estate in 
certain cases, 
not to be passed 
away within a 
year. 



Joint contract- 
ors 10 be 
considered 
summoned 
when one is 
notified. 



Former Acts 
repealed. 



Defendants, or at his or their last and usual place of abode ; 
in such case the Plaintiff or Plaintiffs may have his or 
their Writ of execution or seisin in the same manner as 
tho' the said Defendant or Defendants had appeared in 
said Court, and made answer in said Action without such 
bond being given in manner aforesaid. Provided also, 
that no real estate taken in execution, granted upon such 
first Judgment, shall be alienated or passed aw^ay, until 
the expiration of the said one year, or after a new trial 
brought within the said space of one year ; to the intent 
that restitution thereof may lie made in case as aforesaid. 

Sect. 6. And be it further Enacted that when two 
or more are jointly obligated by act of law or agreement, 
and one or more of them are without the Commonwealth, 
having property or estate, but no Tenant, Agent, Trustee 
or Attorney within the same, the property or estate of 
those so without the Commonwealth, may be attached, 
and the summons being left by the Officer serving the 
writ, with those within the Commonwealth, shall be 
deemed a legal service on those without the same — Pro- 
vided one continuance shall be granted unless the Plaintiff 
can shew that notice has been given to the person so out 
of the Commonwealth ; in which case the Court may pro- 
ceed at their Discretion, without granting a continuance. 

Sect. 7. Be it Enacted by the authority aforesaid, 
that an Act passed A. D. one thousand seven hundred, 
entitled, "An Act providing that in suits where goods or 
other estate is attached, the Defendent be summoned — " 
and also an Act passed A. D. seventeen hundred & thirty 
six, entitled "An Act for making more effectual provision 
for the service of original summons upon mesne process," 
be and the same are hereby repealed, so far as they shall 
respect all suits to be commenced on and after the first 
day of July next — and that this Act shall take effect and 
be in force on and after that day. 

Approved February 17, 1798. 



1797. — Chapter 51. 

[January Session, ch. 19.1 

AN ACT FOR INCORPORATING A NUMBER OF THE INHABITANTS 
OF BECKET IN THE COUNTY OF BERKSHIRE INTO A SOCIETY, 
FOR RELIGIOUS PURPOSES. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 



name. 



Acts, 1797. — Chapter 51. 417 

authority of the same, That Ebenezer Walden, Martin Persone 
Kinsley, Joseph Higley, Alpheus Streater, Solomon King, '°'=°'"p°'''*'«'^- 
Nathaniel Kinsley, Oliver Brewster, John Scott, James 
Eudd, George Conant, Jeremiah Lyman, Thomas Stevens, 
John Soley, Thatcher Conant, Comfort Barnes, Elijah 
Alford, Isaac Clark, Simeon Luce junr., Ozias Higley, 
Dillingham Clark, John Austin, John Austin Junr. 
Isaiah Kingsley, Ebenezer Balch, Peter D'wolf, Oliver 
Millard, Joseph Atwell, Horace D'wolf, Jared Phelps, 
Ephraim Perkins, Enos Kinsley, Nathan Birchard, Asahel 
Alford, James Birchard junr., Duncan Shaw, Marcus 
Carter, Jonathan Loomis, Abner Eames, Thomas Chaffee, 
Thomas Chaffee junr., Benjamin Chaffee, Joshua Bowen, 
Stephen Nichols, Ichabod Buel, William Johnson, John 
Lester, Levi Snow, Elijah Ornsby, James Austin, James 
Birchard. David Titus, Jesse Rudd, David Brown, Orse- 
mus Gilbert, Billey Messenger, Abel Dewey, Thomas 
Merryfield, & Ebenezer Adams be and hereby are incor- 
porated into a Society by the name of " The first congrega- corporate 
tional Society in the Town of Becket," and that they be 
vested with the powers, privileges and immunities, and 
Subject to the duties and obligations hereafter in this Act 
specified. 

Sect. 2d. Be it further enacted^ that the said corpora- May hold estate 
tion may hold any real or personal estate the annual in- donaUonZ^ 
come of which shall not exceed, one thousand dollars & 
shall have power to sue, & be liable to be sued in their 
corporate capacity ; and all donations of personal property 
or subscriptions, shall be put on Interest, on good secu- 
rity ; and such Interest shall be paid on the first Monday 
in January annually and applied, or so-much thereof as 
may be necessary, to pay the Salar}^ of such learned ortho- 
dox, pedobaptist teacher of piety, religion and morality 
as the majority of the said Society and others intitled to 
a vote in the choice of a Minister may from time to time 
ordain or procure to be settled over them in the work of 
the ministry ; and the overplus of the Interest arising from interest, how to 
the Capital stock shall be applied from time to time, either be appropriated. 
to increase the stipulated salary of the settled minister, or 
relieve such of the Society as may be burthened beyond 
their abilities for his support, or such other pious purpose 
as the Majority of the Members of the said Society at any 
lawful meeting of the same may agree and order. 

Sect. 3d. Be it firther enacted, that the said society cierkand 
be & they hereby are impowered at the first lawful meet- be^choYenV 



418 



Acts, 1797. — Chapter 51. 



Trustees, 



Treasurer may 
■sue. 



How to be 
admitted a 
Member. 



ing thereof which shall be holden by virtue of this Act, 
to choose a Clerk & a Treasurer of the said Society ; who 
and as well also every other clerk and Treasurer thereof 
thereafter chosen, shall be sworn to the faithful 1 discharge 
of the duties of their respective offices ; and a certificate 
thereof made by the Justice who administers the Oath ; 
which shall be returned to & recorded by the Clerk of the 
said Society ; and also to choose five or seven of their 
body for trustees, whose duty it shall be to manage the 
funds & other prudential matters of the society, and also 
to receive Donations & subscriptions for the uses and pur- 
poses aforesaid ; And the said Society are hereby further 
impowered at any future lawful meeting called for that 
purpose to dismiss any of their above mentioned officers 
and elect others in their room ; and in case of a vacancy 
or vacancies by death or otherwise, at any such meeting 
to fill up the same. 

Sect. 4th. Be it further enacted, That the Treasurer 
of the said Society first chosen by virtue of this Act shall 
be and hereby is impowered, under the order and by 
direction of the Trustees of the said society or the Major 
part of them, to demand, sue for and recover as well 
from the several persons above-named, their heirs, execu- 
tors and administrators the sums they have respectively 
subscribed for the purposes above mentioned or the Inter- 
est of the same only as the Trustees may judge best, as 
from any person who shall hereafter subscribe a sum for 
the use of the said society, his heirs executors & adminis- 
trators ; And that the Treasurer of the said Society for the 
time being shall be & hereby is vested with a like power 
to demand sue for & recover any sum subscribed or 
that shall hereafter be subscribed for the uses aforesaid, 
under the order & direction of the Trustees or the Major 
part of the Trustees for the time being. 

Sect. 5th. Be it further enacted. That whenever any 
person shall request to become a Member of the said So- 
ciety and shall signify the same to any one of the Trustees 
for the time being, it shall be his duty to lay the same 
before the Society at their next meeting, for their con- 
sideration ; and in case such person shall be admitted a 
member of the Society at such meeting by a Major vote 
of those present, his or her name shall be entered on the 
records of the Society, and he or she shall thenceforward 
be intitled to all the privileges and rights enjoj'cd by any 
original member thereof. 



notwithstand- 
ing. 



Acts, 1797. — Chapter 52. 419 

Sect. 6th. Be it further enacted, that any person who Persons in- 
is or shall be a member of the pedol)aptist church in the h?g may voFe ^' 
said Town of Becket, and who in the Judgment of the said 
society shall not be. able by donation or subscription to 
become a member of the aforesaid Society shall have a 
right to give his vote in the choice of a Minister. 

Sect. 7th. Be it further enacted that any two of the First Meeting, 
persons al)ove named may call a meeting of the said society 
at such time and place, ])efore the first of may next, as 
they may think proper, in the Town of Becket, by posting 
up notifications of the time, place & purpose, in general, 
of the said meeting, in two or more public places in the 
said Town fourteen days before the time for holding such 
meeting, at which meeting the said Society shall not only 
choose the ofiicers mentioned in this Act, but may also at 
the said meeting & at any future legal meeting choose any 
other officers they shall deem necessary the better to effect 
the ends of their institution ; & may also agree upon a 
method of calling future meetings. 

Sect. 8th. Be it further enacted. That the Votes pro- Books to be free 
ceedings and transactions of the said Society, and a fair 
and true account of the State of their funds, receipts, ex- 
penditures, Donations, Subscriptions & Legacies shall be 
constantly kept & recorded in one or more book or books 
by the Clerk of said Corporation ; and the same shall be 
open at all times to the inspection & examination of the 
legislature or any person or persons appointed by the Leg- 
islature to inspect the same, and to the Trustees of said 
society for the time being, or a committee of the said so- 
ciety appointed at any lawful meeting thereof to inspect & 
examine the same. Approved February 17, 1798. 

1797. — Chapter 53. 

[January Session, ch. 20.] 
AN ACT ALTERING THE NAME OF PETER GREENE TO PETER W. 

GREENE. 

Be it enacted hy the Senate & House of Representatives 
in General Court assembled and, by the authority of the 
same, that from and after the passing of this Act, Peter 
Greene of Boston Merchant (son of Richard Greene late 
of Warwick in the State of Rhode-Island, deceased) shall 
be and he hereby is authorised and empowered to take 
bear and use the name of Peter W. Greene, and shall be 
called and known by that name at all times hereafter. 

Approved February 19, 1798. 



420 



Acts, 1797. — Chapter 53. 



1797. — Chapter 53. 



[January Session, ch. 21.] 

AN ACT TO LESSEN THE DANGEROUS EVILS OF CANINE MAD- 
NESS AND OTHER INJURIES OCCASIONED BY DOGS. 



Preamble. 



Whereas many and distressing evils have taken place in 
various parts of this Commonwealth from Canine Mad- 
ness^ and other injuries occasioned hy Dogs: 

Sect. 1st. Be it enacted by the Senate and House of 

Representatives^ in General Court Assembled, and by the 

Owners of dogs A.uihoriti/ of the same. That it shall be the duty of every 

to iDform */ »/ ' •/ »/ 

Assessors. Pei'son in this Commonwealth who is, or may be the 
owner or keeper of a Dog, or the Parent, Guardian, Mas- 
ter or Mistress of any Minor or Servant, who is or may be 
the owner or keeper of a dog, on or before the first day 
of April next, and afterwards, on or before the first day of 
May, in each following year, to certify to the assessors of 
the Town, district, or Plantation, where he, or she may 
live, the number of dogs by him or her owned or kept, or 
owned or kept by his or her ward or Servant. And to 
cause Dogs, so kept, from and after the said first day of 
April, to wear a Collar of some kind, with the name of 
the owner and town or place of residence, at large, legible 
on the same collar. 

Sect. 2d. And be it further Enacted, That it shall be 
the duty of the assessors of each town, district or planta- 
tion in this Commonwealth, in their taxes for the current 
year, to assess and tax every such owner or keeper of a 
dog, or the Parent, Guardian, Master or Mistress of any 
minor or Servant, the owner or keeper of a dog, certified 
as aforesaid, the sum of One dollar, for every dog owned 
or kept on the first day of April next, and then afterwards, 
the same sum for every dog owned or kept on the first day 
of May, in each following year, and wherever such per- 
son shall keep more than one dog, certified as aforesaid, 
the sum of three dollars for each dog besides the first. 
Provided nevertheless. That for every dog owned or kept 
as aforesaid, which shall not be certified as aforesaid, the 
said assessors shall assess & tax the owner or keeper 
thereof, or the Parent, Guardian, Master or Mistress of 
any owner or kee[)er thereof, double the sum of the Tax 
such person would have been liable to if the same had 
been duly certified. 



To provide 
collars. 



Tax ordered. 



Acts, 1797. — Chapter 53. 421 

Sect. 3d. And be it further- enacted, That all said^owtobe 
taxes or assessments shall be made with the Town, district 
or phmtiition taxes, respectively, in a separate column, 
and shall be committed to the collector or Collectors of 
such town, district or Plantation, who are hereby author- 
ized & directed to collect the same under the General war- 
rant of such assessors, in the same manner, with the same 
powers, & subject to the same responsibility as in other 
cases of town, district or plantation taxes, and that no 
person claiming exemption by law from other taxes, shall 
be exempted from the operation of this Act. And the 
said collectors shall severally pay over, for the use of such 
town, district or plantation, the amount of all such Taxes 
to the Treasurers thereof, respectively. 

Sect. 4Tn. Be it further enacted. That it shall be lawful S.ZJ'marbe 
for any person or persons, after said first day of April, to ^^''ed- 
kill any dog or dogs not having a collar, & certified in 
manner this Act provides ; and it shall also be the duty 
of the assessors, within their respective towns, districts 
or plantations, to cause such dogs to be killed ; and for 
that purpose, if, necessary, to oft'er such reward as they 
may judge reasonable, not exceeding the sum of two dol- 
lars for each dog so killed within said town, district or 
plantation, & for the payment thereof from time to time 
to draw their order on the Treasurer of such town, district 
or plantation, & the said Treasurer, on the presenting any 
such order, shall make payment accordingly. 

Sect. 5th. And be it further enacted. That when any owners uabie 
dog or dogs within any part of this Commonwealth shall done by their 
do any damage, either to the Person or Property of any °^^' 
Person or Persons within the Commonwealth aforesaid, 
the owner or keeper, or the parent, master or guardian 
of such owner or keeper of said dog or dogs, shall be 
liable to pay such sum in damages as said Person or 
Persons may have sustained by said dog or dogs, but the 
defendant in any such action may give in evidence any 
special matter in excuse or justification under the General 
issue, any law, usage or custom to the contrary notwith- 
standing. 

Provided however. That such parts of this Act, as relate District of 
to certificates, to assessors, & to the payment of a Tax for *'°®^^''®p 
any dog owned or kept by any person, shall not take 
effect in that part of this Commonwealth called the District 
of Main, or in any part thereof. 



422 



Acts, 1797. — Chapter 54. 



Dog tax gives 
DO right to vote. 



Sect. 6th. And be it further enacted, That no person 
shall at any time acquire a privilege of habitancy, or right 
of voting in any town, district or plantation meeting, in 
consequence of paying any tax imposed by virtue of this 
Act. Approved February 19, 1798. 



BoundarieB. 



First Meeting. 



1797.— Chapter 54. 

[January SesBion, ch. 22.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED OTISFIELD 
IN THE COUNTY OF CUMBERLAND INTO A TOWN BY THE 
NAME OF OTISFIELD. 

Sect. 1. Be it Enacted by the Senate & House of 
Hejyresentatives in General Court assembled and by the 
authority of the same, that the Plantation of Otisfield 
in the County of Cumberland, bounded as follows, viz. 
Beginning at the Northwest Corner of Raymond — Town 
plantation, thence running North forty- five degrees East 
two thousand and nine hundred thirteen rods to a corner 
marked, thence running North twenty five degrees West 
two thousand five hundred and twenty rods on Phillips' 
Gore so called or Hebron, thence South sixty five degrees 
West one hundred and ninety-five rods, thence North 
twenty five degrees West five hundred & forty rods, 
thence South, sixty-five degrees West twelve hundred &. 
ninety six rods on the foot-line of Waterford, thence 
South twenty five degrees East three thousand one hun- 
dred sixty nine rods on Bridgtown East line, thence South 
sixty-five degrees West one thousand four hundred and 
Eighty rods on the Southerly line of Bridgton, thence 
South forty degrees East nine hundred and thirty rods on 
Flintstown to the first Bounds, with the Inhabitants thereon 
be and they hereby are incorporated into a Town by the 
Name of Otisfield. And the said Town is hereby vested 
with all the powers privileges & immunities which other 
towns in this Commonwealth do or may by Law enjoy. 

Sect. 2. Be it further Unacted that Enoch Perley 
Esqr. be and he hereby is empowered to issue his War- 
rant directed to some suitable Inhabitant within said Town 
requiring him to warn a meeting of the Inhabitants thereof 
at such time and place as shall be expressed in said War- 
rant for the purpose of choosing such Town Ofiicers as 
other Towns are empowered to choose in the Month of 
March or April annually. Ai^proved February 19, 1798. 



Acts, 1797. — Chapter 55. 423 



1797. — Chapter 55. 

[January Session, ch. 23.] 

AN ACT TO PREVENT DAMAGE BEING DONE ON THE MEADOWS 
AND BEACHES LYING IN AND ADJOINING ON THE NORTH EAST 
PART OF THE TOWN OF DENNIS BETWEEN QUIVIT-HARBOUR 
ON THE EAST AND SESSUIT HARBOUR ON THE WEST. 

Whereas many people frequently drive JSFumbers of Preamble., 
2^eat Cattle, Horses, Sheep, and Siuine to feed upon the 
Beaches, Meadows and Shores adjoining to the JVorth 
East of Dennis lying hetioeen Quivit Harbour on the East 
and Sessuit Harbour on the West whereby the ground and. 
beach is much broke?! and damnified and the Sand bloivn on 
said adjoining Meadotos and upland to the great damage 
not only of sundry private persons, but of the whole pro- 
priety in general : 

Sect. 1st. Be it Enacted by the Senate and House 
of Representatives in General Court assembled, and by 
the authority of the same, that from and after the passing Penalty for 
of this act, no person or persons shall presume to turn &c™n^he"'^' 
any Neat Cattle, Horse kind, Sheep or Swine to, or upon •reaches, &o. 
any of the Beaches, Meadows, or Shores that lie on the 
North East part of the Town of Dennis between Quivit 
Harbour on the East, and Sesuit Harbour on the West, 
at any time between the first day of April and the last 
day of October Yearly, during the continuance of this 
Act, on penalty of paying for each offence eighty four 
cents a head for Neat Cattle or Horses of one year old 
or upwards, and seventeen cents a head for each Sheep 
or Swine, that shall be turned or found on said Beaches, 
Meadows or Shores within the limits aforesaid ; which . 
penalty shall be recovered by any person, that shall 
inform of, and sue for the same ; the one half of said 
forfeiture to him or them that shall inform and sue for the 
same and the other half to be to, and for the use of the 
poor of said Town. 

Sect. 2d. Be it further Enacted, that if anv Neat cauie&c. may 

r^ .,1 TT 1 • 1 oi r> • ^ ^^ • be impounded. 

Cattle, Horse-kind, Sheep or Swine shall at any time 
hereafter be found feeding on the said Beaches, Meadows 
or Shores, that lie between said Quivit Harbour and said 
Sesuit Harbour in said Dennis, it shall and may be law- 
full for any person or persons to impound the same, im- 
mediately giving notice thereof to the owners thereof, if 
known, otherwise to give public Notice thereof by posting 



424 



Acts, 1797. — Chapter 56. 



Fees for re- 
demption of 
Cattle, &c. 
impounded. 



Proviso. 



the same up in some public place in said Town and the 
two next adjoining Towns ; and the impounder shall re- 
lieve the said Creatures with suitable meat and water 
while impounded ; and if the owner thereof appear to re- 
deem his impounded Creatures, he shall pay twenty five 
Cents to the impounder for each Neat beast, and Horse- 
kind ; eight Cents for each Sheep and Swine and the 
reasonable cost of relieving ; Besides the pound keeper's 
fees as by Law appointed for such Creatures ; and if no 
owner appear within the space of Six days to redeem the 
said Cattle, Horse-kind, Sheep or Swine so impounded 
and pay the cost and damage occasioned by impounding 
the same, then and in every such case, the person im- 
pounding such Cattle or Horse-kind, Sheep or Swine shall 
cause the same to be sold at public Vendue and pay the 
cost and charges arising about the same ; public Notice 
of the time and place of such sale to be given in the said 
Town of Dennis and in the Towns of Yarmouth and Har- 
wich forty eight hours before hand ; and the overplus, if 
any there be arising by such Sale to be returned to the 
owner of such Cattle, Horse-kind, Sheep or Swine at any 
time within twelve Months next after, upon his demand- 
ing the same ; but if no owner appear within the said 
twelve Months, then the said overplus shall be, one half 
to the party impounding such Cattle, Horse-kind, Sheep 
or Swine and the other half to the use of the Poor of the 
said Town of Dennis. 

Provided that nothing in this Act shall be construed to 
prevent the owner or owners of such Beach or Meadows 
or any improving under them from turning on the Horses 
they ride or Cattle they improve in their teams to feed on 
said Beach or Meadows, while they are cutting or carting 
their Salt Hay off said Beach or Meadows ; Provided also 
that the owners of the said Meadows shall keep up and 
maintain their fences pursuant to former agreements. 

Approved February 22, 1798. 



1797. — Chapter 56. 

[January Session, ch. 24.] 
AN ACT TO SET OFF THAT PART OF THE TOWN OF SYDNEY 
WHICH LIES WEST OF WEST POND & TO ANNEX THE SAME 
TO THE TOWN OF BELGRADE. 

Be it Enacted by the Senate & House of Re-presentatives 
in General Court assembled & by the authority of the same. 



Acts, 1797. — Chapters 57, 58. 425 

that the part of Sydney lying West of West pond, ^'f^g^y'^iV^T" 
bounded as follovveth, viz. Beginning; on the West side annexed to 

' o " ^ towu of Bel- 

of said West pond on the Southerly line of Winslow, & grade. 
from thence running West Northwest about one mile and 
one half of a mile to the Northeast corner of Belgrade, 
thence South Southwest about two miles & one half of a 
mile to West pond aforesaid, thence Northerly on the 
Westerly side of said pond to the bounds begun at, with 
the Inhabitants thereon be, and hereby are set oft' from 
the said town of Sydney & annexed to & made a part 
of the town of Belgrade. Approved February 23, 1798. 

1797. — Chapter 57. 

[January Session, ch. 25.] 
AN ACT FOR INCORPORATING THE OWNERS OF CERTAIN LANDS 
IN LONG MEADOW IN THE COUNTY OF HAMPSHIRE FOR THE 
PURPOSE OF MANAGING THE SAME AS A COMMON & GENERAL 
FIELD. 

Be it enacted by the Senate & House of Representatives 
in General Court assembled, <& by the Authority of the 
same. That all that tract of land lyins; in the Town of Long common field 

, ~ • .in town of 

Meadow, included within the following bounds, to wit, Long.meadow 
beginning on Connecticutt River near the north end of 
said Town at a place called the Eddy from thence North- 
w^ardly on said River bank to the House of Ellis Russell, 
thence in an easterly Course up Pecowsick Hill as the 
fence now runs to the Country Road, thence by said Road, 
to Enfield bounds, thence westwardly by Enfield Line to 
Connecticutt River, be & hereby is made a common & 
general Field ; and the Proprietors of the lands lying 
within said bounds their heirs & Assigns be and hereby 
are incorporated & invested with all the powers & privi- 
leges, with which the proprietors of common & general 
Fields are by law vested. Approved February 23, 1798. 

1797. — Chapter 58. 

[January Session, cli. 26.] 
AN ACT TO INCORPORATE THE TOWNSHIP NUMBER TWO IN THE 
FIRST RANGE OF TOWNSHIPS, NORTH OF AND ADJOINING TO 
THE PLYMOUTH PATENT, ON THE EAST SIDE OF KENNEBECK 
RIVER IN THE COUNTY OF LINCOLN, INTO A TOWN BY THE 
NAME OF CORNVILLE. 

Sect. 1st. Be it enacted by the Seriate & House of 
Hepresentatives in General Court Asseinbled, and by the 



426 



Acts, 1797. — Chapter 59. 



Boundaries. 



First Meeting. 



authority of the same, that the following described tract, 
of land, with the inhabitants thereon, be & hereby are in- 
corporated into a town by the name of Cornville — Begin- 
ning at the North East corner of Township number one at 
an hemlock tree, thence runing East Six miles to a beech 
tree marked ; thence south six miles & a quarter to a 
spruce tree marked on the Plymouth Company's line, 
thence west on said line — six miles to a Stake, thence 
North six Miles, & a quarter to the bounds begun at ; and 
the said town is hereby vested with all the powers, privi- 
leges, & immunities which other incorporated towns within 
this Commonwealth do or may by Law enjoy. 

Sect. 2. And be it further Enacted that Nathaniel 
Dummer Esquire be & he is hereby empowered to issue 
his warrant, directed to some suitable inhabitant of said 
Town of Cornville — requiring him to w^arn the Inhabi- 
tants thereof to meet at some convenient time & place to 
choose all such officers as towns are by law required to 
choose in the Month of March or April annually. 

Approved February 24, 1798. 



Boundaries. 



1797. — Chapter 59. 

[January Session, ch. 27.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED NUMBER 
EIGHT IN THE COUNTY OF WASHINGTON IN THE BAY OF PAS- 
SAMAQUODDY INTO A TOWN BY THE NAME OF EAST-PORT. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same. That the Plantation called Number 
Eight, in the Bay of Passamaquoddy, bounded as follows, 
viz. Southerly by the Bay of Fundy, or Atlantic Ocean ; 
Easterly by a line as delineated in a plan of said Planta- 
tion taken by Rufus Putnam Esqr, and others, in the 
Months of June and July in the Year one thousand, seven 
hundred & eighty five, and drawn from the Eastern point 
of West Quoddy head Northerly through the Narrows into 
Passamaquoddy Bay and between Moose-Island and Deer 
Island ; Northerly by a line delineated as aforesaid, and 
from the middle of the Passage called the Gut, between 
Pleasant Point and Burnt Island, running Westerly and 
South Westerly through Cobskook Bay to the middle of 
the Ship-Channel between Crawford's or Denbow's neck,^ 
and Fall-Island ; Westerly by a line running Southerly 



Acts, 1797. — Chapter 60. 427 

through said Ship-Channel and up Strait Bay to a white 
pine Tree at its head, marked one thousand seven hundred 
and eighty-five N. E. N. AV. from thence by line-trees 
South, nine degrees thirty minutes East four miles three 
hundred and twelve rods to a Spruce tree on the Northerly 
shore of Hay-cock's harbour, marked one thousand, seven 
hundi-ed and eighty five S. W. S. E. and from thence 
through the middle of said Harbour to the Bay of Fundy ; 
including Moose Island, Burnt Island, Dudley's Island, 
Frederick-Island, the Isle of Patmos, and all other Islands 
within the said Boundaries, as described in said Plan, to- 
gether with all the Inhabitants thereon, be and herel)y are 
incorporated into a Town by the name of Eastport. And 
the said Towm is hereby vested with all the powers, privi- 
leges and immunities, which Towns within this Common- 
wealth do or may by Law enjoy. 

Sect. 2. And Be it further Enacted, hy the authority 
aforesaid, that John Allan Esqr. be and hereby is em- First Meeting. 
powered to issue his Warrant to some suitable Inhabitant 
of said Town, requiring him to warn the Inhabitants 
thereof, to meet at such time and place as he shall therein 
set forth, to choose all such Officers as towns are by Law 
required and empowered to choose in the Month of March 
or April annually. Approved * 

1797. — Chapter 60.t 

[January SesBion.] 

AN ACT TO APPORTION & ASSESS A TAX OF ONE HUNDRED 
THIRTY THREE THOUSAND, THREE HUNDRED & EIGHTY ONE 
DOLLARS & FIFTY THREE CENTS, & PROVIDING FOR THE 
REIMBURSEMENT OF EIGHTEEN THOUSAND FIVE HUNDRED 
& SIXTY DOLLARS PAID OUT OF THE PUBLIC TREASURY TO 
THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR 
THEIR ATTENDANCE THE TWO LAST SESSIONS OF THE GEN- 
ERAL COURT. 

Section 1st. Be it Enacted by the Senate & House 
of Representatives in General Court Assembled & by the 
Authority of the same. That each town, district, plantation 
& other place herein-after-named, wnthin this Common- 
wealth, shall be assessed & pay the several sums with 
which they stand respectively charged in the following 
schedule vizt. 

• No date of approval given. Passed to be enacted February 24, 1798. 
t Not printed in session pamphlet. 



428 



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Acts, 1797. — Chaptek 60. 445 

Sect. 2d. And he it further Enacted^ that the Treas- 
urer of this Coininonwealth, do forthwith send his warrants 
directed to the Jr^electmen or Assessors of each Town, Dis- 
trict, Plantation, or other place, within this Common- 
wealth the Inhabitants whereof arc 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 fol- 
lowing ; 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, respectively 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 Inhabitants of such Town, 
district, plantation, or other place as aforesaid, according 
to the just value of the real estate of each Inhabitant of 
such Town, district, plantation or other place respec- 
tively by him, her, or them possessed, on the first day 
of May next, in his, her, or their own right or right of 
others, lying within the said Town, district, plantation, or 
other place, improved or not improved ; and on the non- 
resident proprietors of real estate, lying within such town, 
district, plantation, or other place, in their own right, or 
the right of others, improved or unimproved, saving all 
agreements between landlords & tenants ; and where no 
agreement is, the landlord to reimburse such tenant one 
half of such tax, and also on the Inhabitants of such town, 
district, plantation, or other place, and all other persons 
possessing estates within the same according to the pro- 
portion 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 real estate, if a bond of defeasance, 
or promise of conveyance has been given, and all other 
debts due more than they are indebted for, money of all 
kinds on hand. Public Securities of all kinds, & Bank 
Stock held in any Bank, according to the just value 
thereof, and also the just amount of the Value of all goods. 



446 Acts, 1797. — Chapter 60. 

wares, & merchandize, or any other Stock in trade, Ves- 
sells of all sorts at home & abroad, with all their stores 
& appurtenances, mules, horses, neat cattle, each of one 
year old & upward, & swine of six months Old & upward, 
& all other property of the several kinds returned in the 
last valuation (excepting sheep, hous[e]hold furniture, 
wearing apparel, farming utensils, & tools of Mechanics) 
on the said first day of May. And the Assessors of the 
respective towns, districts, plantations, & 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 unimproved lands, which 
shall be estimated at Two per centum, where they are 
situated) and on the amount of the incomes of the Inhabi- 
tants, within their respective precincts as aforesaid, from 
any profession, handicraft, trade, or imi)loyment, or 
gained hy 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, set- 
ting forth in distinct columns against each person's name, 
how much he or she is assessed for Polls, how much for 
real estate, & how much for Personal estate & income as 
aforesaid ; & if as guardian, or for any estate in his or her 
possession, in trust, to be distinctly expressed ; and also 
to insert in their rate bills the number of acres of unim- 
proved land which they have taxed to each of the nonresi- 
dent 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 compleated & signed by them in manner as 
aforesaid, or by the Major part of them, to commit to the 
collector, or collectors, constable or constables of such 
town, district, plantation or other place, respectively, 
with a warrant or warrants in due form of law, for collect- 
ing and paying the same to the Treasurer of this Common- 
wealth, on or before the first day of April in the year of 
our Lord One thousand seven hundred and ninety nine ; and 
also to return a certificate of the name or names of such 
collector or collectors, constable or constables with the 
Sum total committed to them respectively to collect, to 
the said Treasurer, some time before the first day of De- 
cember next. 

Sect. 3d. And Whereas there are many persons within 
this Commonwealth who are engaged in trade, and who 
almost intirely negociate their business, & hire Shops, 



Acts, 1797. — CnArTEK 60. 447 

stores, & 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, districts or plantations, wherein such persons 
dwell or reside, as to the Assessors of the several tow^ns 
wherein their business is transacted as aforesaid : 

Be it therefore enacted, that all such persons within the 
discription aforesaid, shall be assessed by the Assessors 
thereof, & pay taxes for such of their goods, wares, & 
merchandize, or other 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 per- 
sons dwell or reside ; & they shall accordingly, give in on 
oath, if required, a list of their whole estates, respec- 
tively, to the Assessors of their respective towns, or 
places of residence, 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. 

Sect. 4th. Provided Nevertheless, And be it further 
enacted, that the following Persons, viz. the President, 
Professors, Tutors, Librarian & Students of Harvard, 
Williams, & Bowdoin Colleges, who have their usual resi- 
dence there, and who enjoy no other pecuniary office or 
imployment, also ministers of the Gospel ; & Latin Gram- 
mar School masters, are not to be assessed for their polls 
& estates, under their own actual management, or improve- 
ment lying in the Towns, districts, or parishes where they 
are settled ; and also all persons, who have the manage- 
ment or improvement of the estates of Harvard College, 
Williams College, & Bowdoin College in this Common- 
wealth, are not to be assessed for the same ; nor Indians 
for their Polls & estates : and if there be any others who 
by reason of age, infirmity, or poverty, are unable to pay 
towards the public charges, and in the judgment of the 
. Assessors ought to be relieved in their taxes, in any such 
case the Assessors respectively may exempt the polls & 
estates of such persons, or abate any part of what they 
are set at, as they on their oaths, shall deem just and 
equitable. 

Sect. 5th. And he it farther enacted, that the Justices 



448 Acts, 1797. — Chapter 60. 

of the Peace at their several sessions, in their respective 
Counties, when duly authorised for the assessment of a 
County Tax, shall apportion the same on the several 
towns, districts, plantations, & other places in their re- 
spective Counties as aforesaid, in the respective pro- 
portions of this Tax ; And the Assessors of each Town, 
parish, district or other place, within this Common- 
wealth, in making County, town, parish, or Society 
Taxes, shall govern themselves by the same rules, 
and assess the Polls in their respective Towns, parishes, 
or Societies, 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 assessing 
the Tax laid by this Act. 

Provided always, that it shall & may be lawful for any 
town, district, or plantation to levy, make & Collect, any 
county town, parish, or society 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 pur- 
pose. And the Assessors of the several towns, which by 
this Act are charged with the pay of Representatives, 
shall assess such additional sum on the Polls & estates as 
aforesaid, within their respective towns, & shall appor- 
tion the same in the same proportion, at W'hich such polls 
& estates shall be respectively set for raising the sum of 
One hundred & thirty three thousand, three hundred and 
eighty one Dollars & fifty three cents. 

Sect. Gtii. And he it further Enacted, that the Treas- 
urer 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 
& assigns of the late Brigadier Waldo, also of the Lin- 
colnshire Company of twenty associates, and of the Ten 
Original proprietors so called ; all which sums are to be 
collected in the same manner as collectors or constables, 
are authorised & directed to proceed in collecting the 
taxes laid on non-resident proprietors of unimproved 



Acts, 1797. — Chapter 61. 449 

lands, & to l)e paid into the Treasury of this Conunon- 
woaltli on or l)cfore the first day of Ai)ril, in the year of 
our Lord Seventeen hundred & ninety nine. 

Si-:cT. 7tii. AjuI be it further enacted, that no order 
shall be drawn by the Treasurer of this Commonwealth, on 
any Constable, or Collector of this Tax for any part of 
the same. 

Skct. 8tii. And be it further enacted, that Twenty 
thousand dollars, of the Sum ordered to be assessed & paid 
by this Act be, & hereby is appropriated towards paying 
the Interest on the Public Del)t, and the residue for defrey- 
ing the expences of Government. 

Approved February 24, 1798. 

1797. — Chapter 61. 

[January Session, ch. 28.] 

AN ACT FOR INCORPORATING THE PLANTATION OF LITTLE-FALLS 
IN THE COUNTY OF YORK, INTO A TOWN BY THE NAME OF 
PHILLIPSBURG. 

Whereas the Inhabitants of the said Plantation labor Preamble. 
under many inconveniencies in their present state and are 
desirous of being incorporated into a Toion : 

Sect. 1. Be it Enacted by the Senate and House of Rep- 
resentatives in General Court assembled and by the author- 
ity of the same that the Plantation in the County of York, Boundaries. 
called Little-Falls, with the Inhabitants thereon bounded 
as follows, viz. Northwesterly by Limington, Northeast- 
erly by Saco River, Southeasterly 1)y Biddeford, and 
Southwesterly by Arundel, Coxhall and Waterl)orough 
(excepting a Tract of Land containing a1)out two thousand 
acres, bounded Northeasterly by Saco river aforesaid, and 
Northwesterly by little Ossipee river now owned by Abner 
Chase, John Gilkey, James Davis, John Davis, Edward 
Nason, Nicholas Nason and Elisha Cobb which is hereby 
annexed to the Town of Limington aforesaid,) be and 
hereby is incorporated into a Town by the Name of Phillips- 
burg. And the said toAvn of Phillipsburg is hereby vested 
with all the powers, Privileges and Immunities which 
other Towns in this Commonwealth do or may by Law 
enjoy. 

Sect. 2. And be it further Enacted that John Low First Meeting. 
Esqr. be and he hereby is empowered to issue his Warrant 
directed to some principal Inhabitant of the said Town of 



450 



Acts, 1797. — Chapter 62. 



Phillipsburg, requiring him to notify and warn the Inhabi- 
tants thereof to meet at such time and place as he shall 
therein appoint, to choose all such Officers as towns are b}'^ 
law empowered to choose at their annual Town Meeting in 
the month of March or April. 

Approved February 27, 1798. 



Overseers of 
houses of cor- 
rection to be 
appointed. 



Overseers may 
be changed. 



1797— Chapter 63. 

[January Session, ch. 29.] 

AN ACT IN ADDITION TO AN ACT INTITLED AN ACT FOR SUP- 
PRESSING ROGUES, VAGABONDS, COMMON BEGGARS, & OTHER 
IDLE DISORDERLY & LEWD PERSONS. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assejubled <& by the 
authority of the same, that the Courts of General Sessions 
of the Peace in their respective Counties where the cir- 
cumstances may require it be &. hereby are authorised & 
impowered annually to appoint three or five suitable and 
discreet freeholders of their County living near the house 
of Correction to be Overseers of such house ; who shall 
have power to see that the rules appointed by the said 
Court for the Government of the house & the persons 
therein confined be duly observed ; & also to examine the 
accounts of the keeper with respect to the earnings of the 
prisoners & the expence of the institution, & they shall 
keep a register of all their proceedings fairly written. 
They shall have power to make contracts for work to be 
done in the house, with any person disposed to supply the 
materials, & to make contracts for letting out any of the 
persons confined to employers living in the estimation of 
the Overseers conveniently near to the house of correction 
for the Overseers or the Master of the house to have the 
General inspection of the persons so let out, & of the 
treatment they receive. And the overseers shall receive 
out of the wages of the prisoners such reasonable compen- 
sation as the Court of Sessions shall allow. 

Sect. 2d. Be it further enacted, that the said Court 
of Sessions shall at any term have authority to remove any 
of the Overseers 6c to replace others for the remainder of 
the year ; And to fill up any vacancies of the Overseers 
made by death resignation or otherwise. They shall also 
at every term enquire into the State of the house of Cor- 
rection Sc examine the rcffister & accounts of the Over- 



Acts, 1797. — Chapter 63. 451 

seers & Masters, & make such further re<2;ulatioiis & altera- 
tions in the treatment & Government of the Prisoners as 
they shall judge necessary or proper, &, not repugnant to 
the laws of tlie Commonwealth. 

Sect. 3d. Be it further enacted by the authority afore- 
said, that when it shall be made to appear to any two Lunatics may 

T ,• J.I J- ^ • •j.\ • L^ ' be confined in 

Justices quorum unus, that any person benig w^ithm then* house of cor. 
County is Lunatic & so furiously mad as to render it '■*^'="<'"- 
dangerous to the peace or the safety of the good people, for 
such lunatic person to go at large ; the said Justices shall 
have full power by warrant under their hands & seals to 
commit such person to the house of correction there to be 
detained till he or she be restored to his right mind or 
otherwise delivered by due course of law. And every 
person so committed shall be kept at his or her own ex- 
pence if he or She have estate, otherwise at the charge 
of the Person or Town upon whom his maintainance was 
regularly to be charged if he or She had not been com- 
mitted ; & he or She shall if able be put to work during 
his or her confinement. 

Sect. 4th. Be it further enacted by the Authority 
aforesaid, that all privileges granted to towns to provide oid privileges 
work for their inhabitants at the County house of Correc- 
tion, & also to provide for their Support there shall remain 
in force notwithstanding this Act ; but the persons con- 
fined shall be wholly under the Goverment of the over- 
seers & master to be appointed by the Court of Sessions 
as herein provided ; And all charges attending the busi- 
ness more than the Wages of the Prisoners or such 
expenses as arise, & ought to be borne by the Individual 
out of their estates, shall be paid out of the County 
Treasury, when allowed by the Court of Sessions. 

Approved February 27, 179 f>. 



1797— Chapter 63. 

[January Session, ch. 30.] 

AN ACT IN ADDITION TO AN ACT ENTITLED " AN ACT FOR THE 
SUPPORT AND REGULATION OF MILLS." 

Whereas in said Act no provision is made for ascer- Preamble. 
taining the right of Oumers or Occupants of Mills to flow 
the lands of others without payment of any sum by way of 
damages therefor, or for trying the Title of Complainants 



452 



Acts, 1797. — Chapter 63. 



When com- 
plaint IB made 
to Court of 
Common Pleas, 
the owner of 
mill to have 
notice. 



Complaint to 
be tried by 
Jury; or by 
the Justices. 



Warrant to be 
issued. 



tJierein mentioned to the lands for Jiowing of luhicJi they 
may complain : — Therefore 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the sa7ne, that whenever any person shall 
complain to the Court of Common Pleas, that he sustains 
damage in his lands by their being flowed in the manner 
mentioned in said Act, the said Court shall order the 
Complainant to notify the Owner or Occupant of the Mill 
complained of by serving him with an attested Copy of 
such complaint (together with such Order thereon) four- 
teen days at least before the then next term of said Court, 
that he may then appear and shew cause if any he have, 
why a warrant should not issue in the manner and for the 
purposes prayed for in such complaint. Or such Com- 
plainant may fourteen days at least before the sitting of 
the Court to which he intends to prefer his Complaint, 
cause the owner or occupant of such Mill to be served 
with an attested Copy of such complaint. And such 
service or notification certified by the proper Oflicer, 
shall be deemed sufiicient evidence of proper notice. 

Sect. 2. Be it further Enacted, that if any owner or 
occupant of any Mill shall plead to such complaint, and 
in his plea shall dispute the statement made by the Com- 
plainant, or shall deny the Complainant's title to the 
lands said to be damaged by flowing, or shall claim a 
right to flow such lands without payment of damages or 
for an agreed composition, the Court shall order a trial 
of the issue which may be joined by the parties, by a 
jury at the Bar of said Court ; or if the issue be an issue 
in law, shall determine the same themselves, reserving 
to each party the liberty of appealing to the Supreme 
Judicial Court as in other cases. 

Sect. 3. Be it further Enacted, that if the Owner or 
Occupant of a Mill notified as aforesaid, shall not appear, 
or appearing shall not shew sufficient cause, the said 
Court of Connnon Pleas shall issue a AVarrant and such 
Proceedings shall be had in all things as are prescribed 
by the Act to which this is an addition. Provided 
that whenever there shall be an appeal to the Supreme 
Judicial Court, &> a determination shall there be had 
against the Respondent, a Certificate of such determina- 
ti(m shall first be exhibited to said Court of Connnon 
Pleas. 



Acts, 1797. — CiiArrEK 01. 453 

Skct. 4. Be it further hJnacted, tluit if the Com- compiaiimnt to 

1 11 /• •! i 1 • /-^ I • J • i P^'y costs, lU 

phuimnt sliiill fail to [)roscciite his Coini)laini in any stage cuse. 
of tho proceedings, or the issue joined shall be determined 
against him, the Respondent shall recover his costs as in 
other cases. Apirroved February 28, 1798. 



1797— Chapter 04. 

[January Session, ch. 31. J 

AN ACT FOR ALTERING THE TIMES OF HOLDING THE COURTS 
OF GENERAL SESSIONS OF THE PEACE & COMMON PLEAS 
WITHIN & FOR THE COUNTY OF HANCOCK. 

Sect. 1st. Be it enacted by the Senate & IIouHe of 
Representatives in General Court Assembled & by the 
Authority of the same, that from & after the passing Times of Loid- 
this Act the Courts of General Sessions of the Peace & Lu^ered. 
Common Pleas which by Law are holden at Castine 
within & for the County of Hancock on the Third Tues- 
days of [of ] April & September, annually, shall be holden 
at the same place on the first Tuesday of May & the last 
Tuesday of September, annually, instead of the Third 
Tuesdays aforesaid. 

Sect. 2d. Be it further enac^e^ that all Actions, Suits, Business trans- 

• forrcd to thG 

Writs, Processes, Precepts, Appeals & Recognizances next period for 
already commenced, sued out, or made ; or that hereafter sitting."'^ * 
may be commenced, sued out, or made returnable to 
either of the Courts aforesaid, on the Third Tuesday of 
April next, & all Actions, Suits, Processes, Recognizances 
& Prosecutions of every kind now pending, or that may 
be pending before either of the Courts aforesaid, which 
before the passing this Act, were to have been holden on 
the Third Tuesday of April next, shall be returnable to, 
entered, made, proceeded upon, prosecuted, tried & 
determined, agreeably to the true intent of such Actions, 
Writs, Suits, Processes, Appeals, Recognizances & Pros- 
ecutions, before the said Courts to be holden by virtue 
of this Act at said Castine, on the said First Tuesday of 
May next. Ax>proved March 1, 1798. 



454 



Acts, 1797. — Chapter 65. 



Buundaries 



First Meeting. 



1797. — Chapter 65. 

[January Sessiou, ch. 32.] 

AN ACT TO INCORPORATE THE TOWNSHIP NUMBER ONE, ON THE 
WEST SIDE OF KENNEBECK RIVER, IN THE FIRST RANGE, 
NORTH OF AND ADJOINING TO THE LINE OF THE PLYMOUTH 
CLAIM IN THE COUNTY OF LINCOLN, INTO A TOWN BY THE 
NAME OF ANSON. 

Sect. 1. Be it Enacted by the Senate and House of 
Repj'esentatives in General Court assembled and by the 
authority of the same, that the Phintation Number One, 
as described within the following Boundaries, together 
with the Inhabitants thereon, be, and they are hereby in- 
corporated into a Town by the Name of Anson. Begin- 
ning at the Point whore the North line of the Plymouth 
Company's land shall touch the West Bank of Kennebeck 
River, thence running West & bounded by said line six 
miles to a Rock-Maple tree marked Q and T 1, and T 2, 
for the Southwest corner of Township Number One, and 
the Southeast corner of Township Number Two, thence 
North six miles and a quarter to a Rock-Maple tree marked 
in like manner for the Northwest corner of Township 
Number One and the Northeast corner of Townshi}) Num- 
ber two. Thence East eight miles and sixty rods to Ken- 
nebeck river to a Hemlock tree marked for the Northeast 
corner of Township Number One, thence Southerly by 
the West side of Kennebeck river to the bounds first men- 
tioned. And the said Town is hereby vested with all the 
powers, privileges and immunities which other corporate 
Towns within this Commonwealth, do or may by Law 
enjoy. 

Sect. 2. And be it further Enacted that Nathaniel 
Dummer esqr. be and he is hereby directed to issue his 
Warrant directed to some suitable Inhabitant of the said 
town of Anson requiring him to warn the inhabitants 
thereof to meet at such time & place as he shall therein 
appoint, to choose all such Officers as Towns are by Law 
required and empowered to choose in the months of 
March or April annually. Approved March 1, 1798. 



Acts, 1797. — Chapter 66. 455 



1707— Chapter G6. 

[Januury Seselon, ch. 33.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT IN ADDI- 
TION TO & FOR THE AMENDMENT OF THE ACT PASSED THE 
ELEVENTH DAY OF JUNE ONE THOUSAND SEVEN HUNDRED 
& NINETY SIX, ESTABLISHING THE FIRST MASSACHUSETTS 
TURNPIKE CORPORATION, AND FOR OTHER PURPOSES HEREIN 
MENTIONED." 

Section 1. Be it Enacted by the Senate and House 
of Representatives in General Court assembled and by 
the Autlioritii of the same, that so much of the clause of certain tou 
the original Act of Incorporation as relates to the toll 
which the said Corporation is entitled to receive for 
every Curricle, for every Chaise, Chair or other Carnage 
drawn by one horse, for every Sleigh drawn by two or 
more horses, for all oxen, horses and neat cattle led or 
driven, besides those in teams and carriages, be and hereby 
is repealed. 

Section 2 . Be it further Enacted that the said Corpo- New tou 
ration be, and hereby is entitled to receive from each pas- '^*^'*^''^^*^- 
senger and traveller the following rate of toll, to wit, For 
every Curricle sixteen cents ; for every Chaise, Chair or 
other carriage drawn by one horse, twelve cents & five 
milles ; for every Sleigh drawn by two horses six cents, 
and if drawn by more than two, an additional sum of two 
cents for each horse ; for all oxen horses and neat cattle 
led or driven besides those in teams and carriages, one 
cent & five milles. 

Section 3. Be it further Enacted that the said Corpo- Additional 
ration be and hereby is authorized and empowered to lay '^"''•'P^'^e^^oad. 
out & make a Turnpike Road communicating with the 
former from the house of Major Aaron Graves in Palmer 
to the house of Colo. Reuben Sikes in Wilbraham, both 
in the County of Hampshire ; & when the same shall be 
sufficiently made, and shall be so allowed & approved by 
the Justices of the Supreme Judicial Court at any term 
thereof in any County in this Commonwealth, then the 
said Corporation shall be authorized to erect a Turnpike 
Gate on the same in such manner as shall be necessary & 
convenient, and shall be entitled to receive from every 
Traveller and Passenger the following rate of Toll ; to wit 
— for every Coach, Phaeton, Chariot or other four-wheel The ton. 
Carriage drawn by two horses sixteen cents, and if drawn 



456 • Acts, 1797. — Chapter 67. 



l)y more than two horses, an additional sum of two cents 
for each horse ; for every cart, waggon or sled drawn by 
two oxen or horses, five cents, and if by more than two 
an additional sum of two cents for every such ox or horse ; 
for every Curricle twelve cents & five milles ; for every 
sleigh drawn by two horses five cents, and if drawn by 
more than two, an additional sum of two cents for each 
horse ; for every Chaise, Chair or other Carriage drawn 
by one horse eight cents ; for every man and horse three 
cents ; for all oxen, horses and neat cattle led or driven, 
besides those in teams & carriages one cent each ; for all 
sheep and swine two cents by the dozen, and in the same 
proportion for a greater or less number, but in no case 
Proviso. jj,j^j^ than one cent. Provided that nothing in this Act 

shall extend to entitle the said Corporation to donand 
Toll of any person who shall bo passing with his horse or 
carriage to or from public Worship, or with his horse, 
team, or cattle, or on foot to or from his common labor 
on his farm, or to or from any Mill, or on the common 
and ordinary business of family concerns within the same 
Towns. 
Tunilfike to be SECTION 4. Aiid be U further Enacted that the said 
reguhited umier Corporatlou bc aud hereby is vested with all the ])owers, 

the onginul act . "^ • -i n ^ • i i • 

ofiucorpoia- rights & privileges, & subjected to the same duties req- 
uisitions & limitations in respect to the Turnpike road 
which the said Corporation is hereby authorized to make, 
in the same manner as it woidd have been had the same 
been included in the original Act of Incor})oration. Pro- 
vided however that the said Corporation may demand Toll 
for said Turnpike Road mentioned in this Act, where the 
same shall be made on a public high way now existing, 
and erect Gates thereon, although the same is not discon- 
tinued by the Court of General Sessions of the peace. 

Apinoved March 1, 179S. 

1797. — Chapter 67. 

[January Session, ch. 34.] 

AN ACT INCORPORATING THE MASSACHUSETTS MUTUAL FIRE 
INSURANCE COMPANY. 

Skct. 1st. Be it enacted hy the Senate and house of 

Representatives in General Court assembled and by the 

NamoB. Authority of the same, that Moses Michael Hays, David 

Townscnd, James White Paul Ivcvere, Ilcnry Jackson, 



Acts, 1797. — Chapter 67. 457 



Willium Eiistiy, Natlmn Bond, James Sullivan, Samuel 
Saleshury, John Swectser, Kdward Tuckerman, (Jcorge 
K. Minott, William Parsons, Charles Miller, Joseph roi)e 
iVc Klisha Ticknor, and their assoeiates, ])eing owners of 
buildings within this Commonwealth shall be a corporation 
together with all those who may become meml)ers thereof ^^^i^""'"" 
under the name of " The Massachusetts mutual lire insur- 
ance Company " & enjoy all privileges & powers incident 
to corporations. 

Sect. 2d. And be it further enacted that for the well KlcWn.^'' 
ordering & governing of the affairs of the said Corporation 
they shall have power to choose a President, Treasurer & 
fifteen Directors (ten of whom shall reside in Boston) to 
manage the concerns of the said Corporation & such other 
ollicers as they may deem necessary : provided neverthe- cai.uai. 
less that no policy of Insurance shall be made l)y the said 
Corporation until 1 the sum subscribed by the Associates to 
be insured shall amount to two Millions of Dollars : & at all ^'^"'"^ ^'°""^- 
meetings of the said Corporation every matter shall be di- 
cided by a Majority of votes each member having as many 
votes as he has policies with the right of voting by })roxy. 

Sect. 3d. And be it further enacted that the said Cor- May hold reai 
poration may purchase & hold such real estate as may be 
necessary to be by them occupied for transacting the con- 
cerns of the said corporation : Provided that the amount ^'fo^iBo. 
thereof shall not exceed the sum of Twenty thousand Dol- 
lars. 

Sect. 4th. And be it further enacted that the said SyX.^*" 
Corporation may (as soon as the said two Millions of Dol- 
lars shall be subscribed to be insured) and they are hereby 
authorized to insure for the term of seven years any Man- 
sion house or other building within this Commonwealth 
against damage arising to the same hj fire originating in 
any cause except that of design in the insured & to any 
amount not exceeding four fifths of the Value of any build- 
in"; ; and in case any Member should sustain damage by AsBcssments 

/.* 1 II • • f ^ I' ^ • 1 r^ ^^ ^^ made lu 

fire over & above the then existmg funds of the said Cor- extra caBus. 
poration the Directors may assess such further sum or 
sums upon each Member as may l)e in proportion to the 
sum by him insured, & the rate of hazard originally agreed 
on ; provided hoivever that no member during the term rroviso. 
of seven years shall be held to pay by way of assessment 
more than two Dollars for each Dollar ))y him advanced 
as premium & Deposit. 



458 



Acts, 1797. — Chapter 67. 



Capital to be 
secured. 



Members may 
witbdraw tbeir 
proportion. 



Five Directors 
to form a 
quorum. 

Annual general 
meeting. 



Corporation 
may be sued. 



Execution may 
be levied on 
estate of a 
director. 

First Meeting. 



Sect. 5tii. Arid be it fur thQv Enacted that the Monies 
advanced by each person insured, shall, within Sixty days, 
after such advancemant be vested either in the securities 
of the United States or of this State, or in the Stock of 
some incorporated Bank, at the discretion of the President 
& Directors, & the Proceeds of the same shall be appro- 
priated & applied to pay the damages or loss that any 
member may sustain by Fire, to defray the expences of 
the Corporation ; and to raise a reserved fund of ten thou- 
sand Dollars ; & each of the insured shall at the expiration 
of his Policy or Policies have a right to demand and re- 
ceive from the Corporation his share of the remaining 
funds in proportion to the sum or sums by him actually 
paid. 

Sect. 6th. And be it further Enacted that five of the 
Directors being present at any meeting shall form a 
quorum for proceeding in business. And that there shall 
be a meeting of the said Corporation annually on the first 
Tuesday of June, at such place, as the Directors may ap- 
point, & twenty five Members being present shall form a 
Quorum. 

Sect. Tth. Be it further enacted that when any mem- 
ber of the said Corporation so ensured shall sustain any 
loss for which the same Corporation shall be held to in- 
demnify him & he shall recover Judgment therefor against 
it he shall have a right to levy his execution issued on 
such Judgment on any of the funds of the said corporation 
and when he shall not find suflicient funds to sati[6']fy the 
same & all costs thereon & the said directors shall neglect 
or refuse for the space of thirty days from rendering such 
Judgment to make an assessment agreeable to the princi- 
ples herein expressed & to collect the. same According to 
the due forms of law & to sati [s] fy such execution as far as 
the said funds & Assessments may extend, then & in that 
case it shall be lawful I for such Judgment creditor to levy 
& extend his said execution on the private property of 
Any of the said directors to the amount damages & Costs 
he shall be intitled to recover & receive on such execution. 
And Any director whose estate real or Personal shall be 
so taken may recover compensation therefor by an Action 
on the Case against the said Corporation. 

Sect. 8tii. And be it further Enacted that any two of 
the aforementioned associates may as soon as they deem 
proper call a meeting of the said Corporation to be held 



Acts, 1797. — Chapters G8, G9. 459 

at such time and })Iaco as they may Judge convenient, by 
a Notification printed in any Boston News-paper seven 
days previous to the time of holding such meeting, in 
order that the said Corporation may organize tliemselves 
& proceed in the business of tlie Association. 

Ap2)roved March 1, 17US. 

1797. — Chapter QS. 

[January Session, ch. 35.] 

AN ACT TO niEVENT THE DESTRUCTION OF FISH IN CONCORD 
RIVER IN THE COUNTY OF MIDDLESEX. 

Sect 1st. Be it enacted by the Senate & House of 
Representatives in General Court Asseinhled i& by the Au- 
thority of the same, that if any person or persons after the Fishing iu 
tirst day of April next, shall take or catch any Fish in p^owwied."""^ 
Concord River in the County of Middlesex, or in any pond 
or stream which empties into the same after Sunset & be- 
fore Sun rise with the use of either torch or spear, every 
person so offending shall forfeit & pay for each offence a 
sum not exceedino' Five Dollars ; nor less than Two Dol- 
lars to be recovered in an Action of Debt, one half to him 
who shall sue for the same, & the other half to the Town 
in which the Fish shall be so caught or taken. 

Sect. 2d. And be it further enacted that if any person no wear to 
or persons shall erect any Ware across any of said Waters ^®*^''*^'"'''^- 
& thereby take any of said Fish or obstruct them in their 
passage through the same, every person so offending shall 
forfeit a sura not less than Three Dollars, nor more than 
Ten for each offence, to be recovered in manner & to the 
use aforesaid. Approved March 1, 1798. 

1797. — Chapter 69. 

[January Session, ch. 36.] 

AN ACT FOR THE PRESERVATION OF THE FISH CALLED ALEWIVES 
IN WEVVEANTIT RIVER IN THE COUNTY OF PLYMOUTH AND 
FOR REGULATING THE TAKING SAID FISH AND FOR REPEAL- 
ING ALL LAWS HERETOFORE MADE FOR THAT PURPOSE. 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives in General Court assembled & by the 
Authority of the same, that the several Towns of Roches- Fish commiuee 
ter, Wareham & Carver shall at their Town Meeting in '« »'^' '^»'°««"- 
the Fall of the year annually, respectively choose a Com- 



460 



Acts, 1797. — Chapter 69. 



Places of 
meeting to be 
desigDated. 



Fine for fishing 

without 

authority. 



Penalty for 
neglect of duty, 



Sluice way to 
be opened. 



mittee of three })ersons in each Town, whose duty it shall 
be in the Month of March annually, to sell at Public 
Vendue the priviledge of taking said Fish at such places 
not exceeding three in said Towns & on such days not ex- 
ceeding three in each Week, as said Committee shall 
agree upon & publish in their Conditions of Sale ; in 
which Conditions, said Committee shall also express the 
})rice at which it may ])e lawful for said purchasers to Sell 
said Fish when taken, not exceeding the rate of twenty 
five Cents for one hundred of said Fish ; — And said Com- 
mittee before they enter upon the execution of their Office, 
shall be sworn to the faithful & impartial performance of 
their duty in the same manner as other Town Ofiicers. 

Sect. 2d. Be it farther Enacted, That the Committee 
of the Town of Rochester, the first year, the Committee 
of the Town of Wareham the second year, and the Com- 
mittee of the Town of Carver the third Year, & so in 
rotation forever, shall notify the Town Clerks of the other 
Towns concerned in said Fishery of the time & place in 
Avhich said Committee shall meet ; said Notice to be served 
ten days at least before the time of Meeting ; at which 
meeting as well as all subsequent Meetings the Majority 
present shall have the power & Authority of the whole 
Committee. 

Sect. 3d. Be it further enacted, that all persons ex- 
cept the purchaser or purchasers or those employed by 
them who shall take any of said Fish in Weweantit Eiver, 
or in any Pond or Stream having communication there- 
with ; Sippican River excepted, shall forfeit & pay the 
sum of Twenty Dollars. 

Sect. 4tii. Be it firther enacted, that if either of the 
Towns of Rochester, Wareham or Carver shall neglect to 
choose their proportion of said Committee, as they are 
required by this Act, or if the Committee when chosen 
whose duty it shall be to notify the Clerks of the other 
Towns, of the proposed time for the whole Committee to 
meet as aforesaid, shall neglect to give such notice, the 
Town or Committee oflending as aforesaid shall for each 
oflence forfeit & pay to the use of the Town or Towns 
performing the duties required by this Act, the sum of one 
hundred Dollars. 

Sect. 5tii. Be it firther enacted, that the Owner or 
occupier of any Dam on said River shall annually l)etwixt 
the first day of April & twenty fifth day of May following, 



Acts, 1797. — Chapter 69. 461 

for such term & in such manner as said Committee shall 
tiirect — open a sufficient shiice way for the passage of 
said Fish, & the Owner or Occupier of such Dam neglect- 
ins: to open, or to continue open a Shiice way as aforesaid 
shall forfeit & pay the sum of fifty dollars. And the Com- 
mittee aforesaid shall have power to open such Dam when 
neglected as aforesaid, at the Expence of the Owner or 
occupier. 

Sect. 6tii. Be it further enacted, that if any person Noweareto 
shall make any weare or other obstruction to the free pas- 
sage of said Fish or shall make use of any Seine in said 
Kiver or in any Pond or Stream communicating therewith, 
the person offending shall fortiet & pay the Sum of fifty 
Dollars and said Committee shall have Authority to re- 
move such weare or obstruction at the Expence of the Per- 
son causing the same, & also to seize any Seine used as 
aforesaid, &, to dispose of the same for the use of said 
Towns. 

Sect. 7th. Be it further enacted, that the Treasurers Treasurers to 
of the aforesaid Towns respectively are hereby empowered o"'forf\e?ur°eB!'^* 
upon the Complaint of any of the Committee aforesaid to 
sue for the Recovery of any forfietures incurred by the 
breach of any of the Regulations, provided in this Act, & 
also of such further Regulations as may from time to time 
be provided by the Committee aforesaid. And all fines 
& forfietures recovered for any breaches aforesaid, except 
such as are mentioned in the fourth Section of this Act, 
shall together with the proceeds of said Fishery be equally 
divided between the aforesaid towns ; & the Treasurers 
aforesaid respectively may in behalf of their respective 
Towns, recover in an Action on the Case of any Person or 
Persons, Corporation or Corporations holding the Same, 
one third part thereof in any Court proper to try the 
same. 

Sect. 8th. Be it further enacted ths^t the purchasers rurchasers of 
of the right of taking said fish shall in all respects con- cwiform to 
form themselves to such regulations as the Committee '■e^'"'"""""- 
aforesaid shall publish in their conditions of Sale, & for 
each offence in breaking said Regulations Shall forfeit & 
Y)ay the sum of Twenty Dollars. 

Sect. 9th. Be it further enacted that any of the Com- commuteeto 
mittee aforesaid may be admitted as V\ itnesses in any 
prosecution for the breach of any regulations respecting 
said Fishery & said Committee shall receive for their Ser- 



462 



Acts, 1797. — Chapter 70. 



Former laws 
repealed. 



vices out of the proceeds of said Fishery, Seventy Cents 
to each person for each days service. 

Sect. 10th. Be it further enacted that all Laws here- 
tofore made respecting said River be & the same hereby 
are repealed excepting so far as may respect any Panalties 
already incurred for the breach of said Laws. 

Ajyproved March 1 , 1 798. 



No mill dam, 
&c. to be with- 
out a passage- 
way for the 
Fish. 



1797. — Chapter 70. 

[January Session, ch. 38.] 

AN ACT FOR THE PRESERVATION OF THE FISH CALLED SALMON 
SHAD & ALEWIVES IN THE RIVERS, STREAMS & WATERS 
WITHIN THE COUNTIES OF LINCOLN AND CUMBERLAND AND 
FOR REPEALING ALL OTHER LAWS HERETOFORE MADE FOR 
THAT PURPOSE, SO FAR AS RESPECTS THEIR OPERATION IN 
THE SAID COUNTIES. 

Sect. 1. Be it Enacted hy the Senate d' House of 
Representatives in General Court assembled and by the 
authority of the same, that if any person or persons shall 
make build or erect any Mill-dam, Wear, obstruction, or 
incumbrance, or if any person or persons interested or 
concerned in any Mill-dam, wear, obstruction or incum- 
brance that is already made or shall be hereafter made, 
shall suffer and continue the same, in, across, or upon 
any River, stream, bay, cove, pond or water wathin the 
Counties of Lincoln & Cumberland, in, up or through 
which the said fish called Salmon, Shad or Ale wives or 
either of them do or have been used and wont to go & 
pass into the ponds & lakes annually to cast their spawn, 
before the erection of such dam or obstruction without 
making and providing a sufficient passage or sluice way 
for said fish to pass up & down in their season of going 
up to spawn and of returning, shall forfeit & pay as a fine 
a sum not exceeding two hundred dollars, nor less than 
twenty ; and the said dam or obstruction shall be consid- 
ered Sc adjudged to be a nuisance, and be abated as such. 

And whereas the preservation of the Fisheries in said 
Counties of Lincoln and Cumberland arc of great impor- 
tance to the public, and the existence of the same depend 
on securing proper passages or sluice ways for the fish to 
pass by Mill-dams and other obstructions : 

Sect. 2. Be it further Enacted by the Authority 
Passage-way to afores'atd, that no passaire or shiice-way shall be deemed 

be Biiflicient. "' . , . ^ . ~ . , . ' ■ i • 

sufficient, within the meaning and mtcnt oi this Act, 



Acts, 1797. — Ctiaptek 70. 463 

unless the same shall he so constructed & made as that 
any of the fish aforesaid can & do actually [)ass through 
or over the same with ease and convenience, & unless 
such passage or sluice-way is at or so near the passage, 
rout or place in which such fish prior to the erection of 
such dams or obstructions used to pass, as that said fish 
do find such way. 

Sect. 3. Be it further Enacted by the Authority 
aforesaid, that such passage or sluice-way shall be open'd opelTlaifga^e^ 
and kept open and the stream ])elow such dams or ob- way. 
structions shall be so open & kept open & clear of slabs 
or other obstruction as not to impede the passing of said 
fish from the first day of May to the fifth day of July 
annually. And if any person or persons owning & im- Penalty. 
proving, interested or concerned in such Mill-dam or any 
part thereof or other obstruction, shall neglect, refuse, 
omit or fail, so to open & keep open or cause to be 
opened & kept open such passage or sluice-way and the 
stream below as is in this Act before provided, he or they 
shall forfeit and pay as a fine a sum not exceeding Forty- 
dollars nor less than Ten, for each and every day, he or 
they shall so offend. 

Sect. 4. Be it further Enacted that if any person or Timefortaking 
persons shall take or catch any Salmon, Shad or Alewives **'®^"'''- 
in any of the waters within the Counties of Lincoln & 
Cumberland between the twentieth day of April &, the 
fifth day of July annually, at any other time than between 
sun-rise on Monday & sun-rise on Saturday in each week 
he or they so offending shall forfeit & pay as a fine for 
each & every Salmon so taken a sum not exceeding Four 
Dollars nor less than one dollar ; for each and every Shad 
a sum not exceeding two dollars nor less than Fifty cents ; 
and for each and every Ale wive, a sum not exceeding 
twenty cents nor less than five cents. 

Sect. 5. Be it firther E7iacted that if any person or seines, s:c. not 

I ,1 , , . .1 I • /• ji to be set except, 

persons shall set any net or seme or other machme for the aR directed. 
purpose of catching or taking any of said fish, or shall ac- 
tually take any of said fish thereby in any of the waters 
within the said Counties of Lincoln & Cumberland between 
the twentieth day of April & the fifth day of July annually, 
at any other time than between sunrise on Monday & sun- 
rise on Saturday, he or they so offending shall pay as a 
fine beside the fine aforesaid, for each fish so taken a sum 
not exceedino; ten dollars nor less than five. 



464 



Acts, 1797. — Chapter 70. 



Size of Beine, 
&c. limited. 



Penalty for 
endeavouring 
to take Fish at 
improper times. 



Wiien Fish 
must not be 
taken. 



Passage-way 
to be opened 
in autumn. 



Fish wardens 
to be chosen. 



Sect. 6. Be it further Enacted, that if any person or 
persons shall fish with or use any net or seine or other 
Machine in catching or attempting to catch any of said 
fish that shall reach or extend more than one third of the 
way across the streams or waters where the same shall be 
so used or set, at the time & place of using or setting such 
net, seine or other machine, he or they for so doing shall 
pay as a fine a sum not exceeding twenty dollars nor less 
than five. 

Sect 7. Be it further Enacted that if any person or 
persons shall fish for or attempt to catch or take any of 
said Fish within four rods of any passage or sluice way at 
any time when the same is, or by law ought to be opened, 
he or they so ofiending shall pay as a fine a sum not ex- 
ceeding ten dollars nor less than five, and the further sum 
or fine mentioned in the fourth Section of this Act for 
each fish he or they may so take. 

Sect. 8. Be it further Enacted that no person or per- 
sons shall take, catch, or destroy any of said fish at any 
time between the last day of July & the first day of Decem- 
ber annually ; and if any person or persons shall so offend, 
he or they shall forfeit and pay as a fine a sum not exceed- 
ing Ten dollars nor less than five, and the further sum or 
fine aforementioned in the fourth Section of this Act, for 
each fish he or they may so take. 

Sect. 9. Be it further Enacted, that a passage or 
sluice way sufficient for the safe easy & convenient pass- 
ing down of said Fish both old & young, shall be provided, 
opened & kept open[e] from the twentieth day of August, 
to the last day of September annually, over or by such 
dam or obstruction ; & if any person or persons making, 
erecting, interested or concerned in such dam, mills or 
other obstruction shall offend in this particular, he or they 
shall pay a fine for each & every day he or they shall so 
offend, a sum not exceeding twenty dollars nor less than 
five. 

Sect. 10. Be it further Enacted that every Town & 
Plantation within the Counties of Lincoln and Cumber- 
land, bordering upon or adjoining any of the waters within 
said Counties, through, \\\), by or into which the said fish 
or any of them usually jiass, or have previous to any ob- 
struction been known to pass anmially to cast their spawn, 
sliall at their annual Meeting in Marcli or April in every 
year, choose a number not exceeding nine nor less than 



Acts, 1797. — Chapter 70. 465 

five, of suitable persons for fish Wardens, who shall not 
be interested or concerned in any Mills or Dams or other 
obstruction, and who shall be Freeholders & so situated 
in such Town or Plantation as to be best able with con- 
venience to detect in the most efiectual manner any 
breaches of this Act ; and it shall be the duty of the Select- 
men of such Town & the Assessors of such Plantation to 
assign to each lish AVarden so chosen, his Ward or Dis- 
trict within the same ; and if any such town or plantation 
shall neglect or refuse so to choose such suitable persons 
for fish wardens, such town or plantation shall forfeit & 
pay a fine of Tavo hundred Dollars; and the said Select- Selectmen to 
men or the said Assessors shall forthwith appoint such inhabitants 
suitable persons, being Freeholders as aforesaid, to be tish "''*'' *^'^ ' 
wardens, & assign to each his ward or district ; & such 
persons so chosen or appointed, shall be under oath, faith- 
fully & impartially to discharge the duties required of 
them by this Act, & shall be notified & sworn in the same 
manner as other Town Officers are. And if any person Penalty for 

I 'ill' jin 11 non-acceptance. 

SO chosen or appomted, being present, shall neglect or re- 
fuse to accept or to declare his acceptance or refusal, or 
being al)sent shall neglect or refuse to accept such Office, 
& to qualify himself accordingly within seven days from 
the time he shall receive notice of such choice, he or they 
shall pay a fine for the use of such Town or Plantation, 
not exceeding Ten Dollars nor less than Five ; and the 
said Town or Plantation & in case of their neglect the 
said Selectmen or said Assessors shall forthwith choose or 
appoint some other such suitable person in his place, and 
so on, as often as such neglect or refusal shall happen. 
And if the said Selectmen or the said Assessors shall neg- 
lect or refuse to do & perform the duties required of them 
by virtue of this Act each & every such Selectman or 
Assessor shall pay a fine not exceeding twenty dollars nor 
less than ten, for the use of such town or plantation, for 
every week they shall so neglect their duty, after the first 
day of May annually. Provided aliuays that no person Proviso. 
shall be obliged to serve as Fish Warden more than one 
year in three. 

Sect. 11. Be it further Enacted, that it shall be the Duty of a 
duty of every such Fish warden to examine & inspect his ^'^"^ ^'''»"^«°' 
ward or district, & he shall also have full authority to ex- 
amine & inspect any other ward district or place ; and 
it shall be his duty to give information of all breaches of 



466 



Acts, 1797. — Chapter 71. 



Recovery of 
fines. 



Title to fines 
not to exclude 
a witness. 



this Act that shall come to his knowledge. And it shall 
be the duty of all Grand Jury-men, & all Justices of the 
Peace within said Counties, of the Sheritls and their 
Deputies, of all Coroners & Constables within said Coun- 
ties to observe & give information of all breaches of this 
Act that shall come to his or their knowledge. 

Sect. 12. Be it further Enacted that all fines incurred 
by the breach of this Act, shall be recovered by present- 
ment of the Grand Jury, or by action of debt in the name 
of a fish warden one moiety of which shall enure to the use 
of the County, and the other moiety to the use of the In- 
former or Plaintiff", excepting the fines before appropriated, 
which may be sued for by the Treasurer of the Town or 
Plantation to which such fines enure where he is not per- 
sonally interested, and where he is, by the County Treas- 
urer. 

Sect. 13. Be it farther Unacted that no person shall 
be debarred from being admitted as a Witness on any pre- 
sentment of the Grand Jury, by reason of his being en- 
titled to any part of said fines. 

Sect. 14. Be it further Enacted that this Act shall 
operate from and after the fifth day of July next & 
not before ; & that from Sc after the said fifth day of 
July next, all laws heretofore made for the preservation 
of said fish, so far as respects the Counties of Lincoln & 
Cumberland be and hereby are repealed. Provided never- 
theless, that all prosecutions, actions & processes now 
pending, or that may be pending before the fifth day of 
July next, shall and may proceed to final Judgment & 
Execution in the same manner as if this Act had never 
passed. Approved March i, 1798. 



Selectmen 
empowered. 



1797. — Chapter 71. 

[January Session, ch. 37.] 

AN ACT FOR THE BETTER PRESERVATION OF THE FISH CALLED 
ALEWIVES, IN MILL RIVER, SO CALLED, IN TAUNTON IN THE 
COUNTY OF BRISTOL & FOR REGULATING THE TAKING OF SAID 
FISH IN SAID RIVER. 

Sect. 1st. Be it enacted hy the Senate and House of 
Representatives in General Court assembled & hy the au- 
thority of the same — That from and after the passing of this 
act, the Selectmen of the said Town of Taunton, for the 
time being, shall be & they are hereby constituted Inspec- 



Acts, 1797. — Chapter 71. 467 

tors of the said Mill river ; whose duty it shall be within 
ten days after being chosen to their said Office of Select- 
men, to take an Oath for the faithful discharge of their 
said trust as Inspectors before some Justice of the Peace 
for said County of Bristol or the Clerk of the said town 
of Taunton ; And also within the same ten days, to post 
up, at some public places in said town, near said river, an 
advertisement under the hands of the Major })art of them, 
pointing out the time, manner & place, in which said fish 
may be taken in said river (provided that the time of 
taking said fish shall not exceed three days in each week) 
And if any person shall pull down or deface such adver- 
tisement he or she shall forfiet & pay the Sum of one 
dollar — And if any person shall presume to take any of ,^negaViy taking 
said fish in said River at any other time or place, or in the Fish. 
any other manner, than those mentioned in said Advertise- 
ment, he or she so offending shall forfeit & pay for each 
oflence a Sum not less than one dollar nor more than 
twenty dollars. 

Sect. 2d. Be it further enacted. That the Inhabitants Right of taking 
of said Town at any town Meeting legally warned for that soid. 
purpose, may in such manner as they shall think proper, 
sell the exclusive right of taking said Fish in said River 
under such regulations as they may judge necessary ; 
provided always, that no one sale shall be for more than 
one year &