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

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

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-

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.*^'"''^

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

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

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,

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.

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."

£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.

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

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,

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.

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

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

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

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

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

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

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-

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

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

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

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

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

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.

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

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

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

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 respd 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, . . .

2847

376

400

19 00

66 60

143

135

570 74

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.

114 62

22 46

132 60

6 67

116 44

58 33

491 25

66 82

35 48

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

128

60 75

23 75

248 Resolves, 1796. — May Session

17
18

C
16

693

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,

951

1051 60

128

' 39

243

—

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

134

179

719

175

155

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

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 .

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 .

157

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

2237 89

182

53 83

130

115

35 73

24 08

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

152

103

121

402

119 39

101

100

50 90

106

30 50

79 41

173

Dolls.

Ct8.

1107

404

170

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

294

154

33
6

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

24 79

25 02

13 96

25 67

27 40

30 00

22 42

32 50

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.

30 00

10 50

22 07
22 78

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

26
111

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.

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

2228

332

984 83

620

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

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

Acts, 1797. — Chapter 60.

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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 & that the purchasers of said right shall not be
allowed to sell said Fish for more than twenty five cents
per hundred.

Sect. 3d. Be it further enacted — That in any year Advertieement
when the said inhibitants shall sell the exclusive right ° ®p°*'^
of taking said Fish as aforesaid, the said Inspectors shall
post up their advertisement as aforesaid, forbidding all
persons other than the said purchasers or their agents, to
take any of said fish in said River, at any time or place
whatever ; — and also forbidding the said purchasers to
take any of said fish, save at the times & places, &, in the
manner mentioned in the conditions of Sale.

Sect. 4th. Be it further enacted, that the said In- Dams may be

OPGDGQ.

spectors, or the Major part of them, be & they are
hereby Authorized &, empowered, to open any Dam or
the Sluice of any Mill or other water works erected, or
that may be erected on or over the said River, so that
there shall be a passage way of such width, (not exceed-
ing twelve feet) and depth as shall be sufficient for the

468

Acts, 1797. — Chapter 72.

Recovery of
penalties.

Former lawB
repealed.

passing of said fish up said River, at the expence of the
owner or owners of such dam or sluice, provided such
Owner or Owners, shall neglect to open the same when
thereto required by the said Inspectors or the Major part
of them ; and the Dam or Sluice that may be so opened
shall continue open for so long a time in the Months of
April & May annually, as the Said Inspectors or the
Major part of them may Judge necessary; — And if any
person or persons shall obstruct the passage ways allowed
or ordered by the said Inspectors or the Major part of
them in any dam or Sluice way or shall obstruct the
passage of said Fish in any other part of said River than
shall l)e permitted by the said Selectmen conformably to
this Act, such person or persons so offending shall forfiet
& pay a Sum not exceeding three hundred dollars nor
less than ten dollars.

Sect. 5. Be it further enacted, that all penalties
incurred by the breach of this Act may be sued for &
recovered by any of said Inspectors in any Court in the
County of Bristol proper to try the Same ; & all Sums so
recovered shall be one half to the use of the prosecutor &
the other half to the use of the said Town of Taunton.
And in Case any Minor or Minors shall offend against any
part of this Act, and thereby incur any of the penalties
aforesaid, in all such cases, the Parents — Masters or
Gaurdians of such Minor or Minors shall be answerable
therefor in an Action to be brought against such Parents,
Masters, or Gaurdians as for his or their personal Offence.

Sect. 6th. Be it further enacted. That the several
laws heretofore passed, authorising the proprietors of the
Slitting Mills standing on the said River to stop the
Water & make use of the Same, three days in each &
every week during the Months of April & May annually,
be And the same are, hereby repealed.

Approved March 2, 1798.

1797. — Chapter 72.

[January Session, cli. 42.]

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

Be it enacted by the Senate & Hous.e of Representa-
tives in General Court Assembled & by the Authority of the
Time extended. Same, that the term for receiving on loan the debt of this

Acts, 1797. — Chapter 73. 469

Commonwealth, which has not been subscribed in pur-
suance of, & conformable to an act, entitled, " An Act to
provide for the debt of this Commonwealth ; " & one other
act, entitled, " An Act for appropriating twelve thousand
pounds, part of tax number Eleven to the payment of in-
terest on the funded & consolidated debt of this Common-
wealth, & for other purposes," be, & the same hereby is
extended for the term of one year from the passing of this
Act : — And the Treasurer of this Commonwealth is TreuBurer
hereby authorized & directed to receive & admit subscrip- ''"
tions to the said loan, of all such species of the said Debt,
as are in the said two Acts descri])ed, until the expiration
of one year from the passing of this Act, in the same man-
ner & on the same terms as are in the said two acts pro-
vided & established. A2)proved March 2, 1798.

1797. — Chapter 73.

[January Session, ch. 39.]

AN ACT AUTHORIZING DANIEL GOULDING TO CONDUCT WATER
IN SUBTERRANEOUS PIPES FROM A CERTAIN SPRING IN HIS
OWN LAND, WITHIN THE TOWN OF WORCESTER FOR THE AC-
COMMODATION OF HIMSELF & SOME OTHER INHABITANTS OF
THE SAID TOWN.

Sect. 1st. Be it enacted by the 8enate <& House of
Representatives in General Court Assembled^ & by the
Authority of the same, That Daniel Goulding of Worces- Daniel Gouidmg
ter in the County of Worcester & his heirs & Assigns, ""thorized.
be & they are hereby authorized & impowered to sink,
place, renew, alter & repair from time to time as may
l)ecome necessary such pipes or conduits of water from
the said Spring to such of the Inhabitants of the said
Town as the same may convene for the purpose of sup-
plying them with water ; — And the said Goulding & his
heirs or assigns are hereby authorized to place the said
pipes in the land of such Proprietors as may by some
proper instrument in writing grant him or them the privi-
lege thereof, as also on & under such public highways,
roads or land as may become necessary for the purposes
aforesaid, & with the least inconvenience to the pul)lic.
Provided nevertJieless that the Selectmen of the said Town I'roviso.
for the time being, may as they shall judge it expedient,
for the puri)oses of extinguishing fire, or as a precaution,
or a security against the calamitous eflects thei'cof, &
under such regulations as they may think reasonable from

470

Acts, 1797. — Chapter 74.

Penalty for
iujuriug water
works.

Travelling not
to be impeded.

extinguishment of iires as

time to time make and place Conductors to any part of
the said pipes or conduits for the purpose of supplying
water when necessary for the
aforesaid.

Sect. 2d. And be it further enacted, that if any per-
son 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 water works without licence
therefor, or shall be guilty of any trespass thereon, he shall
be liable on conviction thereof in any Court of Record
proper to try the same, on which trial this act may be
given in evidence under the general issue, to pay to the
party injured treble damages occasioned by such a tres-
pass.

Sect. 3. And be it further enacted that nothing in this
act shall be considered as an excuse for any unnecessary
exposure, damage, delay, disturbance or inconvenience to
passengers, carriages or cattle passing or repassing over
any of said Highways or public land, but the same shall
be considered as a Nuisance or Trespass in the same man-
ner as if this Act had never been made.

Approved March 2, 17 9S.

Fish committee
to be appointed.

Their duty.

1797. — Chapter 74.

[January Session, ch. 40.]

AN ACT TO PREVENT THE DESTRUCTION & TO REGULATE THE
CATCHING OF THE FISH CALLED ALE-WIVES IN THE RIVERS
AND STREAMS IN THE TOWN OF FALMOUTH IN THE COUNTY
OF BARNSTABLE.

Sect. 1st. Be it enacted by the Senate & House of
Representatives in General Coiirt assembled And by the
Authority of the same — That the Town of Falmouth
shall be & hereby are empowered and directed at their
Meeting for the Choice of Town Officers in March or
April Annually, to choose Five or more persons being
Freeholders in the said Town, to see that this Act be duly
observed ; & each Person so Chosen shall be sworn faith-
fully to discharge the duties required of him by this Act.
And the said Committee shall meet together Annually on
or before the Thirtieth day of March at such place as they
or a Majority of them shall appoint; And the Major part
of the Committee present at such Meeting being not less

Acts, 1797. — Chapter 74. 471

than three in number, are hereby authorised & impowered
to Order the times when (which shall not exceed three
days in a Week) the phxces where & the manner in which
said Fish may be taken, And shall Notify the Inhabitants
thereof by Posting up Notifications in several public places
in the said Town of Falmouth Avithin ten days After
their being Chosen as aforesaid ; & the said Committee or
the Major part of them are hereby fully authorized & im-
powered to cause the Natural Course of the Streams
through which the said Fish pass to be kept open & with-
out obstruction, to remove any such as may be found
therein & shall have Authority for those purposes to go on
the land or Meadow of any person through which such
Streams run, without being considered as trespassers; &
shall open or cause to be opened any Sluice Way through
any Dam now erected or that may be hereafter erected on
or over any of the said Rivers or Streams (between the
ponds where said Fish Usually Cast their spawns and the
Sea) at the expence of the said Town of Falmouth, pro-
vided the Owner or Owners of any such Dam shall neglect
to open the Same when thereto required by the said Com-
mittee. & the Dam or sluice so opened shall Continue
open in every year to such Depth & width as shall be
Necessary for a passage way for said fish ; & for such term
of time between the first day of April & the tenth day of
June as the Major part of the said Committee shall Judge
Necessary ; & if any person or persons shall Molest or reuaity tor
hinder the said Committee or either of them in the execu- ™° ''^ ^°^ *""'
tion of his or their said Office or shall obstruct the passage
Ways or sluice Ways allowed or ordered by the said Com-
mittee or the Major part of them each person so offending
shall on Conviction before any Justice of the Peace for the
County of Barnstable, pay a fine for every such Offence
not exceeding Ten dollars nor less than three Dollars.

Sect. 2d. And be it further enacted hy the Authoritu
aforesaid, That if any Person or Persons shall take any ivunity for
of the said Fish, in the Rivers, Streams or Ponds Afore- coumiutee.
said, at any time, in any place or in any Manner other
than shall be allowed by the Said Committee as aforesaid,
each person so offending for each & every such Offence
shall on conviction thereof pay a fine not exceeding Three
dollars nor less than One dollar, if the quantity of Fish so
taken is less than one Barrel, but if the quantity so taken
shall be one Barrel or more, such person or persons so

472

Acts, 1797. — Chapter 75.

Persons to
prove how they
obtained Fish.

Appropriation
of tines.

offending shall forfeit & pay for each and every Barrel of
Fish so taken the sum of three dollars.

Sect. 3. And be it furtUer Enacted that if the Com-
mittee aforesaid or either of them shall detect any person
or persons in taking any of the said Fish at any time in
any place or in any manner otherwise than is allowed by
the said Committee or shall find such fish with such person
or persons — such person or persons shall be deemed to
have taken the said Fish unlawfully & shall be subject to
the penalties of this Act Accordingly ; unless such pei'son
or persons can make it appear on trial that they came by
the said Fish in some other way.

Sect. 4th. And he it further enacted^ that all the for-
fietures incurred by Virtue of this Act shall be to the use
of the said Town of Falmouth to be recovered by an
Action on the Case in any Court proper to try the same
to be brought by the Treasurer thereof.

Approved March 2, 1798.

be sold, etc.

1797. — Chapter 75.

[January Session, ch. 41.]

AN ACT AUTHORIZING THE INHABITANTS OF THE TOWNS OF
WATERTOWN, WESTON, cS^ WALTHA.M IN THE COUNTY OF
MIDDLESEX, TO REGULATE THE TAKING OF THE FISH, CALLED
SHAD. AND ALEWIVES, WITHIN THE LIMITS OF THE SAID
TOWNS.

Sect. 1st. Be it ena[c']ted, hy the Senate and house
of Rejwesentatives, in General Court asseinhled and by the
Fi'Ihing^in°cer- Authority of the same, that from & after the ninth day
tain towns may yf February, which will be in the vear of our Lord Seven-
teen hundred & ninety nine, it shall be lawful for the
Inhabitants of the Towns aforesaid, to sell, the right, and
regulate the times places & manner of taking the said iSsh,
within the limits of said Towns, not exceeding, in point
of time, three days, in each week ; & the Inhabitants of
said towns, respectively, at their annual meeting in March,
are hereby authorized & empowered to appoint agents,
whose duty it shall be to carry into execution, the pur-
poses of this Act.

Sect. 2d. Be it further enacted by the Authority
aforesaid, that there shall l)e a meeting of the agents of
said tQwns, holden annually on the last Monday in March
at two of the Clock in the afternoon at the Public house
in said Watertown, which may be situated the nearest the

Inhabitants
may appoint
Agents.

The different
Agents to meet.

Acts, 1797. — Chapter 75. 473

bridge in the same town over Charles River at which
Meeting, the Agents, so chosen, may agree on the PUicc BuBiucestobc
of hokling & the manner of calling any intermediate
meeting; may choose a Clerk, whose duty it shall be to
record in a book, to be kept for that purpose, all votes,
regulations & orders, which may be passed by said agents,
or the ]\Iajor part of them, during the period for which
they are chosen, and at the end of said period, it shall be
the duty of said Clerk to transfer said book to the person,
who may be chosen to succeed him in said Office.

Sect. 3d. Be if further enacted, by the Authority afore-
mid, that the agents aforesaid, at any meeting estal)lished ^«7.^'*"!''y

' ft ' J ~ /• • 1 "^'' '"^ right

by this Act or called pursuant to any agreement oi said totishin
Agents, may in behalf of said Towns, & for their use & "''
benefit, sell the right, & regulate the times, places & man-
ner of taking said fish, within the towns aforesaid not ex-
ceeding the time aforesaid ; & the proceeds ot the Sale of ^f''pro°ceede!°°
said right shall from time to time, be divided between said
Towns, according to the Sums which they shall resi)ec-
tively pay, towards the maintenance of the bridge in said
AVatertown, over Charles River; & the said Agents, shall |^^t"^]"be"p"o^ted.
forthwith, after establishing such rules & regulations &
determining, by whom said fish may be taken, cause a
Copy thereof under their hands, to be posted, in some
public place, in each of said Towns ; And if any person or P«°*i^y ^iImx^^
persons, other than those, to whom said right, shall be
sold as aforesaid, shall take any fish of the discription
aforesaid, within the towns aforesaid, or if any person,
to whom said Right shall be sold, as aforesaid shall take
any of said fish, at any other time, in any other place,
or in any other manner, than shall be expressed in the
conditions of the Sale to him, such person so oflending
shall forfiet & pay trible the Value of such fish, so taken,
to be recovered, in an action on the case, to the use of any
person who may sue for the same.

Sect. 4th. Be it further enacted by the authority
aforesaid, that if the Agents, of either of the towns afore- Proceedings of
said, shall neglect to attend, at any Meeting called as oftheAgems
aforesaid, or appointed by this Act, the votes passed & and binViug.
the orders & regulations established, by the Major part
of the agents, who shall attend said meeting, shall be as
l)inding on said towns, & as good & valid to all intents
& i)urposes, as they would be, were the whole of said
Agents present at said Meeting. And in deciding any

474

Acts, 1797. — Chapters 76, 77.

question which may come before said agents, in executing
the duty assigned them by this Act, one vote only shall
be allowed to each town. Approved March 2, 1798.

Boundaries.

First Meeting.

Persons incor-
poratud.

1797. — Chapter 76.

[January Session, ch. 43.]

AN ACT TO INCORPORATE A GORE OF LAND, LYING NORTH OF
ADAMS IN THE COUNTY OF BERKSHIRE INTO A TOWN BY
THE NAME OF CLARKSBURG.

Sect. 1. Be it Enacted by the Senate and House of
Representatives in General Court assembled & by the
authority of the same, That the Tract of land hereafter
described, viz. beginning at the Northeast corner of
Williamstown, and thence running East on the line be-
tween this Commonwealth & the State of Vermont, seven
miles, thence South to the line of Bernardston Grant,
about two miles and an half, thence West on said line to
the East line of Adams, thence North on said line to the
Northeast corner of Adams, thence on the North line of
Adams, to the East line of Williamstown, thence on said
line North to the first mentioned bound, with the Inhabi-
tants thereon, be and they are hereby incorporated into a
Town by the Name of Clarksburg, and vested with all the
powers, privileges and immunities which towns in this
Commonwealth do or may enjoy by the Constitution or
laws of the same.

Sect. 2. And be it further Enacted that Israel Jones
Esqr. be and he is hereby authorized and impowered to
issue his warrant to some principal Inhabitant of the said
town of Clarksburg, requiring him to notify and warn the
Inhal)itants thereof to meet at some convenient time and
place in said Town, to choose all such Officers as towns
are by law required to choose in the month of March or
April annually. Approved March 2, 1798.

1797. — Chapter 77.

[January Session, cii. 44.1

AN ACT TO INCORPORATE THE PROPRIETORS OF MILLS ON MILL-
CREEK IN DEDHAM & NEPONSET RIVER IN DORCHESTER &
MILTON.

Sect. 1st. Be it enacted by the Senate and house of
Representatives in General Court assembled, and by the
Authority of the same, That Joseph Whiting, Moses Whit-

Acts, 1797. — Chapter 77. 475

ing, Joseph Lewis, Jonathan Avery, Joseph Whiting
Junr. Hugh McLean, J. Smith Boies, Michael McCarnoy,
Samuel Leeds, Daniel Vose, William Sumner, John Pres-
ton, Benjamin Peirce, & Joshua Witherle, together with
such other Proprietors of one or more Mills on either of
said Streams, as are, or may hereafter become members
of the corporation, shall be, and hereby are constituted a
Body Politic & Corporate by the name of the Proprietors corporato
of Mills on Mill-Creek and Neponset River, and by that '"""'''
name, may sue and be sued, and have and enjoy all the
rights and immunities w^hich are by Law incident to bodies
politic and corporate.

Sect. 2d. Be itfurthe?- enacted. That the said Corpo- MayhoidpcT-
ration may purchase, Acquire & hold any personal estate, ^""" i"^"'"-''^-
the annual income whereof shall not exceed one hundred
dollars ; and shall have powder at any legal Meeting, to
assess and collect such sums of Money from the Proprie-
tors of said Mills, and to pursue such lawful Measure