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

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ACTS AND RESOLVES 



MASSACHUSETTS. 



1798-99. 



[puhlighed by the secretary of the commonwealth, under 
Authority of Chapter 104, Resolves of 1889.] 



ACTS 



AND 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS. 



BOSTON : 

Printed by YOUNG & MINNS, 
Printers to the Honorable the General Court of the Commonwealth. 

M,DCC,XCVIII. 



Reprinted by Wright & Potter Printing Company, State Printers. 

1897. 



ACTS AND LAWS, 

PASSED BY THE GENERAL COURT OF MASSACHUSETTS: AT 
THE SESSION BEGUN AND HELD AT BOSTON, IN THE 
COUNTY OF SUFFOLK, ON WEDNESDAY, THE THIR- 
TEENTH DAY OF 3IAY, AND ENDED ON FRIDAY THE 
TWENTY-NINTH DAY OF JUNE, ANNO DOMINI, 1798. 



1798. — Chapter 1. 

[May SesBioD, ch. 1.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED EAST 
BUTTERFIELD IN THE COUNTY OF CUMBERLAND INTO A 
TOWN BY THE NAME OF HARTFORD. 

Sect. 1. Be it Enacted hy the Senate and House of Rep- 
resentatives in General Court assembled, and by the author- 
ity of the same, That the plantation of East Butterfield Hartford ^ ^ 

, *^ incorpo rated. 

in the County of Cumberland, Bounded as follows — vizt. 
Beginning at the Northeast Corner of Buckfield, thence 
running North, twenty six Degrees East, two miles and 
three hundred rods to the Northwest Corner of Turner ; 
thence North, three miles and two hundred and sixty rods ; 
thence North, eighty one degrees West, four miles and 
one hundred and sixty rods ; thence North, sixty five 
degrees West, one mile & two hundred and twenty eight 
rods to the middle of the East Branch of Twenty mile 
River, so called ; thence down the middle of said River 
to the North Line of Buckfield ; thence South, eighty-one 
degrees East, three miles and two hundred and sixty-six 
rods adjoining Buckfield, to the first Bound — with the 
Inhabitants thereon, be and they hereby are incorporated 
into a Town by the Name of Hartford : 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. Beit further Enacted, That Isaac Sturdivant First meeting. 
Esqr. be, and he hereby is empowered to issue his Warrant 



Acts, 1798. — Chapter 2. 

directed to some suitable Inhabitant within said Town, re- 
quiring him to warn a Meeting of the Inliabitants thereof 
at such time and pkice as shall be expressed in said 
Warrant, for the purpose of choosing such Town Officers 
as other Towns are empowered to choose in the Month of 
March or April annually. Approved June 13, 179S. 



Sumner 
Incorporated. 



First meetiDg. 



1798. — Chapter 3. 

[May Session, ch. 2.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED WEST 
BUTTERFIELD IN THE COUNTY OF CUMBERLAND INTO A 
TOWN BY THE NAME OF SUMNER. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court Assembled and by the 
Authority of the same, That the Plantation of West But- 
terfield in the County of Cumberland, Bounded as follows, 
vizt. Beo-inino; at the Northwest Corner of Buckfield on 
Paris Line thence runing North thirteen degrees West 
four Miles and one Hundred & eighty four Rods, thence 
North One Mile & two Hundred & twenty Rods thence 
North eighty Degrees East four Miles & forty Rods thence 
South Sixty five degrees East two Hundred & twelve rods 
to the middle of the East Branch of twenty Miles River 
thence down the middle of said River untill it comes to 
Buckfield North Line, thence North Eighty one degrees 
west on Buckfield North Line four Miles & two hundred 
& fifty four Rods to the Bounds first mentioned, with the 
Inhabitants thereon be & they hereby are incorporated 
into a Town by the Name of Sumner. And the said Town 
is hereby vested with all the powers privileges & immuni- 
ties which other Towns in this Commonwealth do or may 
by law enjoy. 

Sect. 2d. Be it further enacted that Isaac Sturdivant 
Esq. be & he hereby is empowered to issue his warrant 
directed to some suitable Inhabitant within said Town re- 
quiring him to warn a Meeting of the Inhabitants thereof 
at such time & place as shall be expressed in said Warrant 
for the purpose of choosing such Town Officers as other 
Towns are empowered to choose in the Month of March 
or April annually. Approved June 13, 1798. 



Acts, 1798. — Chapter 3. 1 

1798. —Chapter 3. 

[May Session, ch. 3.] 

AN ACT TO INCORPORATE JOHN WORTHINGTON ESQR. AND 
OTHERS FOR CONVEYING WATER IN SUBTERRANEOUS PIPES 
IN SPRINGFIELD. 

Sect. 1st, Be it enacted by the Senate and House of 
liepresentative.-t in General Court ass€7nbled and by the 
authority of the same that John Worthington, Samuel porTd.*"""'" 
Lyman, Chauncy Brewer & John Hooker Esqrs. Joseph 
Stebbins and Zebina Stebbins, with such others as are or 
may be associated with them & who shall hereafter possess 
the estates where they now dwell, be & hereby are con- 
stituted a Corporation by the name of "the Proprietors Title. 
of the Springfield Aqueduct," and by that name may sue 
and be sued : Provided that nothing in this Act shall au- 
thorize said Proprietors to enter on or use private prop- 
erty, without consent of the owner. 

Sect. 2d. And be it further enacted, That any three caiiingof 
of the above persons, may by notification posted up at the 
House of Moses Church in said Springfield call a meeting 
of the said Proprietors, to be holden in said Springfield, 
seven days at least after posting such notification, & the 
said Proprietors at such Meeting may choose a Clerk who ofticers to be 
shall make true record of all the votes acts and doings of 
the said Proprietors, and may also chuse other proper 
Officers for effecting the Object of their incorporation and 
agree upon the mode of calling future meetings, and make 
any rules, regulations or bye laws for ordering the trans- Bye laws to be 
actions and concerns of the said Corporations and the 
welfare and Interest of the same, which they may think 
expedient, and impose any fines & forfeitures not ex- 
ceeding twelve dollars, and for the recovery thereof have & 
maintain an Action of debt before any Justice of the Peace 
in said County ; Provided that the rules regulations and 
bye laws aforesaid shall not be repugnant to the Constitu- 
tion or laws of this Commonwealth. 

Sect. 3d. Aiid be it further enacted, That the said ^^^^^^'^^"t^- 
Proprietors shall have power from time to time to make 
assessments of such Sums of money as the Proprietors 
shall deem necessary, on the several Proprietors according 
to their Shares & interest in said Aqueduct, as the same 
shall be ascertained & recorded in the Books of the said 
Corporation ; and upon neglect or refusal of any Pro- 



8 



Acts, 1798. — Chapter 4. 



May dig up 
highways, &c. 



Case of injury. 



prietor to pay the sum or sums which shall be so assessed 
on him by the time specified in such Vote of Assessment, 
the said Proprietors may have and maintain an Action of 
debt against such delinquent Proprietor for the recovery 
thereof before any Court proper to hear & try the same. 

Sect. 4. A7id be it further enacted, That the said Pro- 
prietors may enter on & dig up any highway for sinking 
& repairing the Pipes of said aquiduct as may be neces- 
sary provided they do not thereby impede the passing of 
travellors, & at any time hereafter may enter on the land 
of any of the Proprietors or of any other persons who al- 
ready have or hereafter shall consent & agree with said 
Proprietors for their laying said Pipes thro' the lands 
occupied by them, for the purpose of repairing such 
Pipes ; the said Proprietors paying such persons for such 
damage as they shall do by means thereof. 

Sect. 5th. And be it further enacted. That any Per- 
son injuring the 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 prevent- 
ing trespasses in divers cases," and shall also be liable to 
make good all damages so done to the said Proprietors. 

Approved June 14, 1798. 



AsaeBsors to 
levy taxes for 
repairs. 



1798. — Chapter 4. 

[May Session, ch. 4.] 

AN ACT FOR ASSESSING AND COLLECTING TAXES ON THE PEWS 
IN THE MEETING HOUSE WHERE THE REVEREND JOHN 
THOMPSON OFFICIATES IN THE FIRST OR SOUTH PARISH IN 
BERWICK FOR THE REPAIR AND AMENDMENT OF SAID HOUSE. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, that it shall and may be lawful for 
the Assessors of the said Parish for the time being (after 
being duly sworn faithfully and impartially to discharge 
the duties of said ofBce) and they are hereby empowered 
to assess the several Pews in said House, their several 
parts and proportions according to the value said Assess- 
ors shall set the said Pews at, of all such sums of Money 
as the said Parish shall vote to raise and appropriate for 
the payment of the Labor and Materials that have been 
expended in repairing said House, in the Year one thou- 
sand, seven hundred and ninety seven ; and also for such 



Acts, 1798. — Chapter 4. 9 

further sums as may in the opinion of the Parishioners be 
necessary to complete the repairing already commenced. 
And in case at a future period the same house shall need 
repairing, the Assessors of said Parish, for the time being, 
may assess the said pews in manner aforesaid, such sums 
for the repair thereof as the Parishioners shall determine 
and vote needful for that purpose : And the assessments How to be coi- 
thus made shall commit to such Collector as may by the countedVr."' 
Parish be appointed to collect the same, with directions 
to collect and pay in the same to the Parish Treasurer, in 
ninety days after the assessment shall be committed to 
him. And the Parish Treasurer shall keep an account, 
sepcrate and distinct from other parish monies, of the 
sums thus received and the manner in which they are ex- 
pended. And shall have the same power & authority to 
enforce the payment of the sums from the said Collector 
in case he should be deficient in his duty, as are by law 
provided for parish taxes: 

Sect. 2. Be it further' Enacted that if the Owner or Delinquent pic 
Proprietor of a Pew shall refuse or neglect to pay the sum t^o"be°8oidr™* 
assessed thereon as aforesaid, for the space of thirty days 
after notice of the assessment shall have been posted up on 
the door of the said House and in two other public places 
in the said parish as the Assessors shall in writing direct, 
it shall be lawful for said Collector to sell said Pew at 
public Vendue to the highest Bidder ; first giving fifteen 
days notice of the time and place of sale, by putting up 
Notifications thereof at the said Meeting House door and 
at two other public places in said parish ; And the over- 
plus money besides the Tax and the necessary charges of 
notifying and selling, he shall pay over to the former 
owner or proprietor, if known and residing within the 
said South Parish, in ten days after the sale : But if the 
Proprietor be unknown, or a non-Resident of said Parish, 
he may within ten days next after the sale, pay over the 
said surplus to the Parish Treasurer, for the use of the 
former Proprietor of the Pew. And the mode of trans- Mode of trans- 
ferring pews sold by the Collector for the non payment of 
taxes as aforesaid, shall be by deed under hand and seal 
acknowledged before a Justice of the Peace. But a 
Record of the deed thus made, in the Records of the 
Parish by the Clerk thereof, within six months after pass- 
ing the same, or a Copy from thence, certified by the 
Parish Clerk, shall be evidence of the Transfer, as well as 



10 



Acts, 1798. — Chapter 5. 



Deeds lo be 
recorded. 



the Original thus recorded. Provided always, that if the 
former Proprietor of a Pew thus sold and transferred, 
shall within one full year from the time of sale at Vendue 
as aforesaid, tender and pay to the purchaser or his As- 
signee, in case of Assignment, the true sum said pew sold 
for, with an addition of Fifteen per Cent, it shall be the 
duty of the Purchaser or Assignee to re-convey the same ; 
and u})on his refusing thus to do, said Proprietor may 
have like remedy for obtaining the Title and possession of 
the same pew, as Mortgagors of Real Pjstate now have in 
the Courts of this Commonwealth. 

Sect. 3. Be it further Enacted that it shall be the duty 
of the Clerk of said first or South Parish, upon the pay- 
ment of thirty three cents, to record at large in the said 
Parish Books a deed of a Pew in said House, that may be 
brought to him for that purpose, and to note and certify 
thereon as well as in the Record, the time when the deed 
was received for that purpose. 

Approved June 14, 1798. 



Preamble. 



When plaintiff 
eball not pro- 
ceed in suit. 



1798 —Chapter 5. 

[Nfay SeBsion, ch. 5.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT TO ENABLE 
CREDITORS TO RECEIVE THEIR JUST DEMANDS OUT OF THE 
GOODS, EFFECTS AND CREDITS OF THEIR DEBTORS, WHEN 
THE SAME CANNOT BE ATTACHED BY THE ORDINARY PROC- 
ESS OF LAW. 

WJiereas in and by the Act aforesaid, it is among other 
things Enacted that lohere all the supposed Trustees or any 
one or more of them come into Court, and are discharged 
upon Examination on Oath, or where the Suit shall be dis- 
continued by the Plaintiff against them or against any one 
or more of them, the Plaintif may notivithstanding pro- 
ceed against the Principal to Trial, Judgment and Execu- 
tion : And whereas doubts have arisen and may arise to 
ivhat cases the clause aforesaid of the Act aforesaid does 
extend; — for the prevention whereof; 

Sect. 1. Be it Enacted by the Senate & House of Rep- 
resentatives in General Court assembled and by the author- 
ity of the same, That in all processes which may hereafter 
1)e ])rought in any Court by virtue of the Act aforesaid, 
wherein all the supposed Trustees shall be discharged as 
aforesaid, or wherein the Plaintiff shall discontinue his 



Acts, 1798. — Chapter 6. 11 

Suit against all of them, or wherever it shall appear from 
the Record, that there is not any Trustee in such Suit ; 
in all such Cases, the Plaintiff shall not proceed in his 
Suit against the Principal, unless there shall have been 
such service of the Original Writ upon the Principal as 
would have authorized the Court to proceed to render a 
Judgment against him, in an Action brought & com- 
[wjenced in the Common & Ordinary mode of process: 
Provided hoiuever that the principal in such case may if P'"'*^**- 
he think proper, come into Court and take upon himself 
the defence of the said Suit. 

And whereas it often happens after a process has been 
served on one or more Trustees, that effects are discovered 
in the hands of some other Agent or Trustee not known 
to the Plaintiff at the time of issuing the Writ : 

Sect. 2. Be it therefore Enacted by the auUiority 
aforesaid, that in all such Cases it shall and may be lawful ^ly be hTserted 
for the Plaintiff or his Attorney, to insert into the process in truBtees proc 
which shall or may have been served on one or more 
Trustee or Trustees, the Name or Names of any person or 
persons in whose hands or possession he or they may sus- 
pect that any Goods, Effects, Rights or Credits of the 
Absconding Debtor or Principal shall have been, or may 
be placed or concealed : Provided however, that no such 
Name or Names shall be inserted after the said Writ or 
Process shall have been served upon the principal or ab- 
sconding Debtor or Debtors. Apx>roved June 16, 1798. 



1798. — Chapter 6. 

[May Session, ch. 7.] 

AN ACT PROVIDING COMPENSATION FOR SERVICES OF THE 
SHERIFF OF THE COUNTY OF HANCOCK. 

Be it enacted by the Senate & House of Representatives 
in General Court Assembled and by the Authority of the 
same, that the Justices of the Court of General Sessions court of ses- 
of the Peace for the County of Hancock be & they are m^nesheHfrs' 
hereby authorized and required to ascertain & detirmine <=<«"penBation. 
annually what sum of money shall be allowed the Sheriff 
of said County as a reasonable compensation, as well for 
extra Services as on account of the Particular difficulties 
and inconveniences, attending the discharge of the duties 
of the said office in said County, & the sum so allowed 



12 Acts, 1798. — Chapter 7. 

shall be paid out of the Treasury of the said County : 
& the said Justices are also hereby authorized to allow the 
Present Sheriff of the said County such sum of money as 
they may deem reasonable on account of any extra 
services by him already performed for the same County 
& the Sum so allowed shall be paid out of the Treasury 
of that County. Approved June 10, 1798. 



1798 —Chapter 7. 

[May Session, ch. 6.] 

AN ACT IN FURTHER EXPLANATION OF AND 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." 

Sect. 1. J5e it Enacted hy the Senate and House of 

Rej^resentatives in General Court assembled and by the 

School taxes, authoritv of the same. That whenever the Eents and In- 

aseessment and > i n i 

collection of. couies ot the School Lands and other property lielonging 
to the said District shall be insufficient for the purpose, 
the said District may, at any District Meeting, regularly 
called and warned therefor, from time to time, grant 
such School Taxes as may be necessary and sufficient, to- 
gether with such Rents & Incomes to build & repair a 
suitable School-House or School-Houses for said District, 
and to provide and support a suitable School or Schools 
within and for said District ; which Taxes shall be assessed 
by the Assessors of said District or by the Assessors of 
said Town of Lee for the time being, upon application of 
said District, upon the Polls and Estates belonging to said 
District, and shall be collected by the Collectors of the 
said District, or by the Collectors of said Town of Lee, 
for the time being, upon application of said District, in 
the same manner and under the same regulations and 
penalties, as Town-School Taxes by Law are assessed 
and collected. 

Sect. H. Be it further Mnacted by the Authority 
District powers, cforesaid, that the said District shall be understood and 
construed to be capable of suing and being sued, and of 
appearing in Court to prosecute or defend, and of possess- 
ing, improving and leasing from time to time, the School- 
Lands belonging to said District by a Committee or 
Agents thereto duly appointed, at any Meeting regularly 
called and warned therefor. 

Sect. III. Be it further Enacted by the Authority 



Acts, 1798. — Chapters 8, 9. 13 

aforesaid, that the said District shall have power to ex- Lands may be 
change any parts or parcels of the School-Lands belong- ^^"^ ^°^^ ' 
ing to said District for other Lands lying within said 
District, to be holden in the same manner and to the same 
uses as the lands so exchanged. 

Sect. IV. And be it further Enacted by the Author- 
ity aforesaid, that the said District shall be capable of g*e°°e"c"?veT*^ 
taking any Estate Real or Personal to the amount of Five 
thousand Dollars, which may hereafter voluntarily be be- 
queathed, granted or given to said District, for the use 
and support of a School or Schools and of holding the 
same for the use of Schools within said District. 

Approved June 19, 1798. 

1798. — Chapter 8. 

[May Session, ch. 8.] 

AN ACT IN ADDITION TO AN ACT, INTITLED "AN ACT TO INCOR- 
PORATE THE EAST PART OF GREENFIELD IN THE COUNTY OF ^ 
HAMPSHIRE INTO A TOWN BY THE NAME OF GILL," PASSED 
THE TWENTY EIGHT [H] DAY OF SEPTEMBER IN THE YEAR OF 
OUR LORD ONE THOUSAND SEVEN HUNDRED AND NINETY 
THREE. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that the bridge over Fall River, so called, be- Greenfield to 
tween Stevens' Mills, shall in future be built supported & brtdgeOTe^Pau 
maintained wholly by the Town of Greenfield so long as "^^''' 
the Road over the same shall be continued ; and that the gui to maintain 
bridge over said River, near the mouth thereof, shall be i^ridgr^*^ 
built, supported, & maintained wholly by the Town of 
Gill so long as the road over the same shall be continued, 
any thing in the Act to which this is an addition, to the 
Contrary notwithstanding. Approved June 19, 1798. 

1798. — Chapter 9. 

[May Session, ch. 10.*] 

AN ACT IN ADDITION TO, AND EXPLANATORY OF, AN ACT PASSED 
IN THE YEAR OF OUR LORD, ONE THOUSAND SEVEN HUNDRED 
AND SEVENTY EIGHT, INTITLED " AN ACT FOR DIVIDING AND 
SETTING OFF THE WESTERLY PART OF THE TOWN OF NEWTON 
IN THE COUNTY OF MIDDLESEX, INTO A SEPERATE PRECINCT 
BY THE NAME OF THE WEST PRECINCT." 

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

* No chapter 9 in session pamphlet. 



14 



Acts, 1798. — Chapter 10. 



Lands to be 
taxed in the 
Precinct where 
they lie. 



same. That all the lands lying on either side of the divi- 
sional line of the Precincts of said Town as described in 
said act of division, which are owned or possessed, or 
which hereafter shall be owned or possessed by persons, 
other than those, who were the Owners and Occupiers of 
such lands at the time of the passing of the Act, to which 
this is an addition, shall be taxed and assessed in the Pre- 
cinct, where such lands lie, any thing in the Act of Divi- 
sion aforesaid to the contrary notwithstanding. 

Approved June 20, 1 798. 



Persons incor- 
porated. 



Title, 



First meeting. 



Officers to be 
chosen. 



1798. — Chapter lO. 

[May Session, eh. 11.] 

AN ACT TO INCORPORATE CERTAIN PERSONS IN THE TOWN OF 
WRENTHAM, FOR THE PURPOSE OF CONDUCTING WATER BY 
SUBTERRANEOUS PIPES IN SAID TOWN. 

Sect. 1st. Be it enacted by the Senate *& House of 
Representatives in General Court Assembled & by the 
Authority of the same, that John Hall, Samuel Co well, 
Phillip Blake, Madey Decoublans, John Madey, Cyrus 
Bean, Ebenezer Foster, Oliver Farrington, Luther Fisher, 
Lemuel Brown, William Brown & Daniel Shaw, with 
such others as are now, or may hereafter be associated 
with them, or their successors, be & they are hereby con- 
stituted a Corporation by the name of ' ' The first Aque- 
duct Company in Wrentham " and by that name may sue 
& be sued ; Provided that nothing in this Act shall author- 
ise the said Proprietors to enter on, or to make use of 
private property, without the consent of the Owner. 

Sect. 2d. Be it further enacted that the first meeting 
of the said Corporation, may be called and notified by any 
three of said Proprietors by a Written notification posted 
up at the first meeting house in said Wrentham, seven 
days at least previous to the meeting, which notification 
shall set forth the purposes, & the time & place of said 
Meeting, to choose a Clerk & such other ofiicers as they 
may think necessar}^ to agree upon a mode of calling 
future meetings, to establish rules & regulations not re- 
pugnant to the Laws of this Commonwealth, & to trans- 
act such other business as shall be necessary to efiect the 
object of their incorporation. And the said Proprietors 
by a major vote of those present, accounting one vote to 
each share (^;>'ovz<ZefZ that no proprietor has more than 



Acts, 1798. — Chapters 11, 12. 15 

five votes) may impose any fines & forfeitures, not exceed- 
ino; Ten dollars & levy the same in due course of Law. 

Sect. 3d. And be it ftirther enacted, that the said ^jdiru^p'""^ 
Proprietors may dig up any Public or Town way for con- 
ducting water as aforesaid, Provided, they do not obstruct 
the riijhtful use of the same. And any person wilfully Penalty for 
injuring the said Aqueduct shall be subject to the same Aqueduct, 
pains & penalties as are provided in the second Section of 
the Act, entitled "An Act for the more effectually pre- 
venting of trespasses in divers cases " & shall also be liable 
to make good all damages so done to the said Aqueduct 
or Proprietors. Approved June 21, 17 98. 

1798. — Chapter 11. 

[May Session, ch. 12.] 

AN ACT TO CONTINUE IN FORCE AN ACT PASSED IN THE YEAR OF 
OUR LORD ONE THOUSAND SEVEN HUNDRED AND NINETY SIX, 
ENTITLED "AN ACT ESTABLISHING & REGULATING THE FEES 
OF THE SEVERAL OFFICERS & OTHER PERSONS HEREAFTER 
MENTIONED, & FOR REPEALING THE LAWS HERETOFORE 
MADE FOR THAT PURPOSE." 

Be it enacted by the Senate <& House of Representatives 
in General Court Assembled, & by the Authority of the 
same, that the said Act be & hereby is continued in force Act continued, 
untill the first day of May next, any thing therein con- 
tained to the Contrary notwithstanding. 

Approved Jxme 21, 1798. 

1798.— Chapter 12. 

[May Session, ch. 13.] 

AN ACT TO SET OFF RICHARD ROGERS OF KITTERY IN THE 
COUNTY OF YORK, FROM THE FIRST PARISH OF KITTERY, 
AND TO ANNEX HIM AND HIS ESTATE TO THE THIRD PARISH 
IN SAID TOWN. 

Be it Enacted by the Senate & House of Representa- 
tives in General Court assembled & by the Authority of 
the same, that Richard Rogers of Kittery in the County setoff. 
of York, with his Estate, be and is hereby set off" from 
the said first Parish and annexed to the third Parish in 
said Town : Provided that said Rogers shall pay his pro- Proviso, 
portion of Parish Charges, due from him to the said first 
Parish, prior to the date of this Act. 

Approved June 21, 1798. 



16 



Acts, 1798. — Chapter 13. 



CaBtle leland 
ceded. 



Jurisdiction of 
other territory 
ceded. 



1798. — Chapter 13. 

[May Session, ch. 16.] 

AN ACT PROVIDING FOR THE CESSION OF CASTLE ISLAND, IN 
THE HARBOUR OF BOSTON, TO THE UNITED STATES AND FOR 
OTHER PURPOSES THEREIN MENTIONED. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That an Island in the Harbour of 
Boston, called Castle Island, be, and hereby is granted 
and ceded to the United States for the purpose of erecting 
Forts, Magazines, Arsenals, Dock- Yards, and other need- 
ful Buildings thereon, for the defence of the United States ; 
reserving the Ordnance and all the warlike stores now on 
said Island, which are the property of this Common- 
wealth. 

Sect. II. Be it further Enacted, That the consent of 
this Commonwealth be, and hereby is granted to the 
United States to purchase an Island in the Harbour of 
Boston, called Governor's Island, & also a Tract of land, 
not exceeding Six hundred and forty acres, situated in the 
Town of Springfield, in the County of Hampshire, for the 
sole purpose of erecting Forts, Magazines, Arsenals, Dock- 
Yards, and other needful Buildings : The evidence of the 
purchases aforesaid, to be entered and recorded in the Reg- 
istry of Deeds in the Counties where the same lands are 
respectively situated. Provided always, and the Cession 
and Consent aforesaid are granted upon the express con- 
dition, That this Commonwealth shall retain a concur- 
rent Jurisdiction with the United States in and ove ' the 
Islands and Tract of Land aforesaid, so far as that .all civil 
and such criminal processes as may issue under the au- 
thority of this Commonwealth against any person or per- 
sons charged with crimes committed without the said 
Islands and Tract of Land, may be executed therein in 
the same way and manner as tho' this Cession and Consent 
Further proviso, i^^d not bccu made and granted : Provided also, That the 
Officers and Soldiers stationed on Castle Island, shall re- 
main there for the purpose of guarding the Convicts and 
for the defence of this Commonwealth, under the Com- 
mand of the Governor thereof, until the United States 
shall accept of the Cession herein made and shall take 
possession thereof for the purposes expressed in this Act. 



Proviso. 



Acts, 1798. — Chapter 14. 17 

Sect. III. And be it further Enacted, That if the ^^^^^^^^^^{^^ 
Agent employed for the United States and the Owner or the owners of 
Owners of said Island or Tract of Land, so to be pur- '^^ ^ territory. 
chased, cannot agree in the sale and purchase thereof, such 
Agent may apply to any Court of General Sessions of the 
Peace, which shall be holden within and for the County 
wherein said Governor's Island or Tract of Land is situ- 
ated ; which Court, after due notice given to the said 
Owner or Owners, are hereby empowered and directed to 
hear and finally determine the value of the same Island or 
Tract of Land by a Jury under oath, to be summoned by 
the Sheriff or his Deputy for that purpose, or by a Com- 
mittee of three persons, if the parlies aforesaid can agree 
upon them : And the value thereof being thus ascertained 
by the Verdict of such Jury, or the Report of such Com- 
mittee, w^ho are also to be under Oath, faithfully and im- 
partially to value said Island or Tract of Land ; and such 
Verdict or Report being accepted and recorded by said 
Court, and the amount thereof being paid or tendered to 
the Owner or Owners of said Island or Tract of Land, 
with his or their reasonable costs, the said Island or Tract 
of Land shall forever be vested in the United States, and 
shall and may be by them taken, possessed and appropri- 
ated to the purposes aforesaid. Approved June 25, 1798. 

1798. — Chapter 14. 

[May Session, ch. 15.] 

AN ACT IN ADDITION TO THE ACT ENTITLED AN ACT TO PREVENT 
THE DISTRUCTION OF OYSTERS AND OTHER SHELL FISH 
IN THIS COMMONWEALTH. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Conrt Assembled and by the 
Authority of the same, that all the provisions, restrictions Extended to 
and penalties of and proceedings directed in the said Act ^ *^'' 
passed in the year of our Lord One thousand seven hun- 
dred & ninety six be & the same are hereby extended to 
the Town of Wellfleet in the County of Barnstable. 

Sect. 2d. And be it further enacted, that no fisherman Quantity of 
shall take from said Town of Wellfleet, or any town men- fowed'^to be'" 
tioned in the Act, to which this is an addition, any such ^^^^^' 
fish, exceeding the quantity of seven bushels in a week, 
including the shells, any thing in the Act to which this is 
an addition notwithstanding. Approved June 25, 1798. 



18 



Acts, 1798. — Chapters 15, 16. 



Fresh Pond 
Brook included. 



Provieo. 



1798. — Chapter 15. 

[May SeBsion, ch. 14.] 

AN ACT IN ADDITION TO AN ACT ENTITLED " AN ACT REGULAT- 
ING THE TAKING OF THE FISH CALLED ALEWIVES IN THE 
TOWN-BROOK SO CALLED IN THE TOWN OF PLYMOUTH," 
PASSED THE TWENTIETH DAY OF JUNE, IN THE YEAR OF OUR 
LORD ONE THOUSAND, SEVEN HUNDRED AND EIGHTY NINE. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same. That the said Act, to which this is an addition, 
and all parts, clauses and provisions thereof, shall extend 
to include one other Brook in said Town of Plymouth, 
known by the name of Fresh Pond Brook, in the second 
Precinct of said Town ; and the taking of the Fish afore- 
said in said Fresh Pond Brook, is hereby authorized in 
the same manner and under the same rules regulations and 
restrictions in every respect, as the same is authorized in 
and by the Act to which this is an addition, in the afore- 
said Town Brook, and no otherwise, — any thing in said 
former Act notwithstanding. Provided nevertheless, that 
the Inhabitants of the Town of Plymouth may, at their 
annual meeting in March or April, fix and determine at 
what place in Fresh Pond Brook said fish may be taken. 

Approved June 25, 1798. 



1798. — Chapter 16. 

[May Session, cli. 19.] 

AN ACT IN ADDITION TO THE SEVERAL ACTS RESPECTING THE 
PROPRIETORS OF MIDDLESEX CANAL. 

Preamble. Whereas by An Act passed on the twenty eighth day of 

February, in the Year of our Lord one thousand, seven 
hundred and ninety five, it is provided and Enacted, That 
the Corporation of the Middlesex Canal shall have power 
to receive and hold real estate, as appendant to the same 
Canal, and for the purpose of facilitating the business of 
the same, to the value of Thirty Thousand Pounds, over 
and above the value of the Canal itself: And the Proprie- 
tors of said Canal having exjjressed their doubts lohether, 
in virtue of said Act, they may erect & hold Mills on the 
same Canal, and on the waters with which it is or shall be 
connected ; 



Acts, 1798. — Chapter 17. 19 

« 

Be it therefore Enacted by the Senate and House of 

Representatives^ in Genei'al Court assembled, and by the 
authority of the same, That the Corporation of the Middle- May hold miu- 
sex Canal, or the Proprietors of the said Canal, in their "* ' 
Corporate capacity, shall have power to purchase and hold 
any Mill-seats on the waters connected with the same 
Canal, and Lands to accomodate the same, and thereon to 
erect Mills ; and that all such Lands, or Mill-seats, so held 
by the said Corporation, shall be liable to be taxed as 
Real estate in the Towns where the same shall be, accord- 
ing to the Laws in being, for assessing taxes. 

Provided nevertheless. That nothing herein shall be con- Proviso, 
strued to repeal or annul the restrictions under which the 
said Proprietors and Corporation are laid by former Acts 
respecting the waters of Shawshine river, or the ponds, 
brooks, or streams emptying their waters into the same : 
And provided also. That all the Mill-seats and land pur- 
chased or received by the said Corporation, shall not ex- 
ceed the sum of One hundred & thirty thousand Dollars. 

Approved June 25, 1798. 



1798. — Chapter 17. 

[May Session, ch. 17.] 

AN ACT TO INCORPORATE CERTAIN PERSONS TRUSTEES TO MAN- 
AGE THE FUNDS FOR THE PERMANENT SUPPORT OF A P^DO- 
BAPTIST CONGREGATIONAL MINISTER, THAT MAY OFFICIATE 
IN THE MEETING HOUSE NEAR THE FOUR CORNERS, IN THE 
SOUTHERLY PART OF DIGHTON, IN THE COUNTY OF BRISTOL. 

Whereas tivo tracts of land have been conveyed by deeds Preamble. 
of the late Sylvester Richmond Esqr. and Joseph Ativood 
to certain persons as feoffees in trust to & for the use of 
the congregation usually assembling at the Meeting house 
aforesaid; <& a fund of about one thousand Dollars having 
been raised by the sale of the Wood growing on these lands, 
and otherways,for the support of such officiating 7ninister; 
<& the jjresent feoffees in tnist having petitioned the Legis- 
lature for an Act of incorporation for the better manage- 
7nent thereof, & the lands so conveyed. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, & by the Au- 
thority of the same, That William Baylies, Sylvester Rich- Persons incor- 
mond, John Hathaway, Hodijah Baylies, Joseph Atwood, p"'"''*^^- 
Silvester Atwood Junr. David Andrews, George Ware, 



20 



Acts, 1798. — Chapter 17. 



TruBtees 
appointed. 



Annual meet- 
ing. 



Treasurer to be 
cboaen. 



Clerk to be 
choeen. 



Trustees em- 
powered to fill 
vacancies. 



— to sell laud. 



— to convey 
pews. 



— may receive 
donations, &c. 



& Thomas Baylies Richmond, all of the said Town of 
Dighton be, & they are hereby appointed Trustees to re- 
ceive & hold the above mentioned fund, & all other money 
for the purpose aforesaid however accruing, to the amount 
of Eight thousand & five hundred Dollars, in trust, for 
the use & benefit of said Congregation, & the perma- 
nent support of the psjedobaptist congregational minister 
that shall preach to them in the meeting house aforesaid ; 
& shall constitute a Body Politic & Corporate to have per- 
petual succession for the due & faithful management of 
said Trust ; & shall be vested with all powers incident to 
corporations, necessary or requisite for that purpose. 

k5ECT. 2d. Be it further' enacted, That the Trustees be- 
fore mentioned shall forever hereafter hold a meeting in 
the Town of Dighton in the Month of June annually, the 
time & place of said meeting to be notified by the Major 
part of the Trustees by posting an advertisement thereof 
in some public place in said Town, seven days at least be- 
fore the time of said meeting. At such meeting the 
Major part of the Trustees present may annually chuse a 
Treasurer with whom the money or securities for money 
constituting the funds, may be deposited, & who shall, 
under the controul & by the order of the Trustees or the 
Major part of them, receive in, deliver up, or pay out 
such money or securities : And the person so chosen shall 
give bond, if required, at the discretion of the trustees, 
for the faithfull performance of his duty ; And the Major 
part of the Trustees present at such meeting are also im- 
powered to chuse a clerk annually, to keep a record of 
the proceedings & doings of the trustees. And the Trus- 
tees are further impowered from time to time at any of 
their meetings called in the manner aforesaid to fill up 
the vacancies occasioned by the death, resignation, or re- 
moval of any of the trustees. 

Sect. 3d. Be it further enacted, That the said trus- 
tees be & hereby are impowered to sell the tracts of land 
aforesaid, for the most the same will fetch, either at Pri- 
vate sale or Public vendue & place the proceeds at Inter- 
est, which are to be considered as belonging to the fund ; 
And the said Trustees are also hereby impowered to make 
legal & authentic conveyances of the Pews in the aforesaid 
meeting house to any person who has or may purchase the 
same. i 

Sect. 4th. Be it further enacted, That the Trustees 
before mentioned & their successors in office be & hereby 



Acts, 1798. — Chapter 18. 21 

are invested with sufficient power to receive all subscrip- 
tions, grants, appropriations and donations, whether real 
or personal, that may hereafter be made for the purpose 
of supporting a Paedobaptist congregational minister that 
does or shall officiate in the aforesaid meeting house ; pi'o- Proviso. 
vided these shall not exceed when added to the above men- 
tioned fund, the sum of eight thousand five hundred jtmued.'"^^""'^ 
dollars, & place all the money that shall be in their hands 
as trustees at Interest on good security at their discretion ; 
& apply the whole of the interest arising therefrom, or 
any part thereof, to pay the Salary of such Minister offici- 
ating in the Meeting house aforesaid ; or for enlarging 
said fund, as the said Congregation shall from time to 
time order or direct : But not in any case to lessen or 
make use of any part of the principal. And should the 
interest of the fund at any time hereafter be more than 
sufficient to pay the Salary of the aforesaid minister the 
surplus shall be applied to the support of schools for the 
benefit of said Congregation. 

Sect. 5th. Be it further enacted, That the Trustees Meetings may 
or the Major part of them be & hereby are impowered to [•.^^^^'^d at any 
call a meeting of the said congregation at any time for 
the purpose of giving directions relative to the applica- 
tions of the interest of the fund, by posting a Notification 
thereof in some public place in Dighton, seven days at 
least previous to the time appointed for said Meeting : 
And at such Meeting the said Trustees shall annually lay Annual state- 
before the said Congregation in writing an account of Sade.° 
their proceedings, disbursements, & the state of the fund. 

Approved June 25, 1798. 



1798. — Chapter 18. 

[May Session, ch. 18.] 

AN ACT TO INCORPORATE A NUMBER OF INHABITANTS IN EACH 
OF THE TOWNS OF MARSHFIELD, SCITUATE, DUXBORO', PEM- 
BROKE & HANOVER INTO A SEPERATE RELIGIOUS SOCIETY, 
BY THE NAME OF THE BAPTIST RELIGIOUS SOCIETY IN 
MARSHFIELD. 

Sect. 1. Be it Enacted hy the Senate & House of 
Representatives in General Court assembled & by the au- 
thority of the same, that William Curtis, James Curtis, Person^s incor. 
James Foord, William Curtis junr. Briggs Hatch, William 
Church, James Ewell, Seth Joyce, David Joyce. Thomas 
Macumber. Thomas Macuniber junr, Ebenezer Sherman, 



porated. 



22 



Acts, 1798. — Chapter 18. 



Corporate 
name. 



Joseph Sherman, Asa Thomas, Thomas Joyce junr. 
Gershom Ewell, Stephen Stetson, Stephen Stetson junr. 
Jonathan Joyce, Prince Hatch, John Hihmd, Ichabod 
Sherman, Elisha Sherman, Jedediah Ewell, John Trowant, 
Alason Carver, Aaron Sherman, Elisha Barker, Ezekiel 
Jones, Zaccheus Lambert, Benjamin Thomas, Abner 
Curtis, Joshua Magowan and Robert Rowland, Members 
of the said Religious Society together with their polls and 
Estates be and they hereby are incorporated by the name 
of the Baptist Religious Society in Marshfield with all the 
privileges, powers and immunities which Parishes in this 
Commonwealth l)y Law enjoy. 

Sect. 2. Be it further Enacted by the authority 
How to become aforesaid, that any person in the said towns of Marshfield, 

ft member* •/ ^ ■' */ x ^ ■' 

Scituate Duxboro', Pembroke and Hanover in the County 
of Plymouth, who may at any time hereafter actually be- 
come a Member of, & unite in religious worship with said 
Baptist Religious Society, & give in his or her name to 
the Clerk of the Parish, to which he or she did heretofore 
belong, with a Certificate signed by the Minister or Clerk 
of said Society, that he or she hath actually become a 
Member of & united in Religious worship with said Bap- 
tist Religious Society in Marshfield, fourteen days pre- 
vious to the Parish Meeting therein, to be held in the month 
of March or April annually, shall, from and after giving 
such Certificate, with his or her polls & estate be con- 
sidered as a Member of said Society. Provided however, 
that such person shall be held to pay his or her proportion 
of all monies assessed or voted in the Parish to which he 
or she belonged previous to that time. 

Sect. 3. Be it further Enactedhy the authority afore- 
said^ that when any member of said Society shall see 
cause to leave the same & unite in religious worship with 
any other Religious Society in the Town or Parishes in 
which he or she may live, & shall give in his or her name to 
the Clerk of the Baptist Religious Society aforesaid, signed 
by the Minister or Clerk of the Parish, or other incorpo- 
rate religious Society with which he or she may unite, 
that he or she hath actually become a Member of, and 
united in religious worship with such other Parish or other 
Incorporate Religious Society, fourteen days previous to 
their annual Meeting in March or April, and shall pay his 
or her proportion of all monies voted in said Society to 
be raised previous thereto, shall from & after giving such 



Proviso. 



How to sepa- 
rate from the 
society. 



Acts, 1798. — Chapter 19. 23 

Certificate, with his or her polls and Estate, be considered 
as a Member of the Society, to which he or she may so 
unite. 

Sect. 4. And be it further Enacted that John Turner First meeting. 
Esqr. be, and he is hereby authorized to issue his Warrant, 
directed to some suitable Member of said Society, requir- 
ing him to warn the members of said Society, qualified to 
vote in Parish afiairs, to assemble at some suitable time 
and place in said Town of Marshfield, to choose such 
Parish Officers as are by law required to be chosen in the 
Months of March or April annually and to transact all 
other matters & things necessary to be done in said 
Society. Approved June 25^ 1798. 

1798. — Chapter 19. 

[May Session, ch. 20.] 

AN ACT FOR SETTING OFF A CERTAIN TRACT OF LAND BELONG- 
ING TO THE TOWN OF HANCOCK IN THE COUNTY OF BERK- 
SHIRE & ANNEXING THE SAME TO THE DISTRICT OF NEW 
ASHFORD IN SAID COUNTY, 

Be it enacted hy the Senate, and House of Representa- 
tives in General Court assembled & by authority of the 
same that the land belonging to Hancock with the Inhab- Boundaries of 
itants thereon contained within the boundary Lines here- handset off. 
after mentioned & described to wit. l)egining at a Stake & 
Stones eleven rods north — eighty degrees west from Ben- 
jamin Shearwood's north east Corner standing in the 
South line of Williamstown thence riming the same course 
on Williamstown line three hundred & eighty nine rods 
thence south nineteen degrees west nine hundred & fifty 
rods to Xathan Baxter's south west corner thence east 
nineteen degrees south two hundred & forty one rods to 
the north west corner of Town of Lanesborough, thence 
north thirty one degrees east nine hundred & ninety rods 
to the first mentioned l)ounds be & hereby is set off from 
the town of Hancock, and annexed to the district of New- 
ashford, &, shall forever hereafter be considered as belong- 
ing to, & making part of the said district of New Ashford. 

Provided nevertheless, that nothing in this Act, shall in proviso, 
any manner eftect or discharge the Taxes already assessed 
or ordered to be assessed in the Town of Hancock, but 
the inhabitants aforesaid, shall be considered as held to 
pay all such taxes which remain due & unpaid to said 
Town of Hancock. Approved June 23, 1798. 



24 



Acts, 1798. — Chapter 20. 



1798. — Chapter 30. 

[May SeeeioD, ch. 21.] 

AN ACT MORE EFFECTUALLY TO PREVENT THE PERNICIOUS 
PRACTICE OF GAMING. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
innhoiderB, &c. authority of the same, that no Inholder, Tavern-keeper, 
suffer gaming. Victualler or Person licenced as a Retailer of Spirituous 
liquors, shall keep, or suffer to be kept any Table for the 
purpose of playing at Billiards, in any House, Yard, 
Garden or other Appendages to hira or her belonging, or 
by him or her occupied or improved. And if any In- 
holder, Tavern keeper. Victualler or Retailer of Spiritu- 
ous liquors, licensed as aforesaid, shall keep or suffer to be 
kept in any house. Building, Yard, Garden or other Ap- 
pendages to him or her belonging, or by him or her occu- 
pied or improved, any such Table for the purpose of 
playing at Billiards, or shall suflfer or wittingly and will- 
ingly allow any person to play therein at Billiards, Cards, 
Dice or any other unlawful Game, he or she so offending, 
upon conviction thereof on an Indictment of the Grand 
Jury, before the Court of General Sessions of the Peace, 
or the Supreme Judicial Court, shall for each and every 
such Offence, forfeit and pay the sum of Fifty Dollars 
to the use of the Town where such offence shall be com- 
mitted &, shall be deprived of his or her license for the 
remainder of the Year, and shall not obtain a renewal 
thereof for the space of three Years next ensuing. 

Sect. 2. Be it further Enacted, that if any Person 
not licensed as an Inholder, Tavern keeper. Victualler, 
or Retailer of Spirituous Liquors, shall keep or suffer to 
be kept in any House, Building, Yard, Garden or other 
appendages thereof by him or her actually occupied or 
improved, any Tables for the purpose of playing at Bil- 
liards for hire, gain or reward, or shall for hire, gain or 
reward, allow and suffer persons to resort to the same for 
the purpose of playing at Billiards, Cards or Dice, or at 
any other unlawful Game, such person so offending, on 
conviction thereof as aforesaid, shall for each & every 
such offence forfeit and pay the sum of Fifty Dollars to 
the use of the Town where the offence shall be committed, 
and fiirther shall be obliged to recognize with sufficient 



Penalties. 



Private billiard 
tables, &c. pro- 
hibited. 



Penalties. 



Acts, 1798. — Chapter 21. 25 

surety or sureties in a reasonable sum for his or her Good 
behaviour, and particularly that he or she will not be 
guilty of a Breach of this Act for the space of three Years 
next ensuing. 

Sect. 3. Be it further Enacted, that if any person Penalty for 
shall play at Billiards, at any Table kept or made use of p'^^'"^ 
for the purpose aforesaid, he shall on conviction thereof, 
forfeit and pay a fine of Six Dollars for each and every 
such Offence, to be recovered by Action or Complaint 
before any Justice of the Peace, in and for the County 
where the Offence shall be committed, to the use of him 
or them who may prosecute or sue for the same. • 

Sect. 4. And he it further Enacted, that it shall be officers 
the duty of all Selectmen, Sherifls, Deputy Sheriffs, Con- "^"''^ ' 
stables, Ty thing-men, & Grand Jurors to complain of any 
breeches of this Act. Approved June 27, 1798. 



Persons incor- 



1798. — Chapter 31. 

[May Session, ch. 22.] 

AN ACT AUTHORIZING JAMES BAYLEY AND OTHERS TO CON- 
DUCT WATER IN SUBTERRANEOUS PIPES WITHIN THE TOWN 
OF AMESBURY. 

Sect. 1st. Be it enacted hy the Senate and House of 
Representatives in General Court Assembled, <& by the 
Authority of the same, that James Bayley, David Lowell, ^H^^^i. 
Joseph Morse, Joseph Hoyt, Nathan Long, Eli Gale and 
Willibee Hoyt all of Amesbury in the County of Essex, 
with such other persons as may become proprietors in the 
said Water Works, be and they hereby are incorporated 
a body politic for the purpose of conveying Water by 
pipes within the Town of Amesbury, by the name of " the corporate 
Proprietors of Amesbury ferry Aqueduct" and by that °^°®" 
name may sue & be sued to final Judgment and execution, 
and do and suffer all matter acts and things which bodies 
politic may or ought to do or suffer — provided that 
nothing in this Act shall authorize said Corporation to 
enter upon or use for that purpose the land of an}'^ person 
without licence therefor first had of the proprietors of 
such land. 

Sect. 2d. Be it further enacted, that any three of the First meeting, 
persons above named, may by notification to be posted up 
at the house of Ezra Worthen Innholder in Ame.'^bury call a 
meeting of the said Proprietors to be holden at any suitable 



26 



Acts, 1798. — Chapter 21. 



Power. 



Proxies. 



Highways may 
be dug up. 



Proviso. 



PersoDB injur- 
ing Aqueduct. 



Sliares 
attachable. 



Transfer. 



time & place within said Town of Aniesbury seven days 
at least after posting up such notification ; And the said 
Proprietors by a Major vote of those present accounting 
one Vote to each Share, shall chuse a Clerk, agree upon a 
mode of calling future meetings of said Proprietors, & 
may also elect any other Officers which to them shall ap- 
pear necessary for carrying into effect the object of thier 
incorporation, may enjoin & order fines & penalties for 
the breach of any of their rules and by-laws not exceed- 
ing ten Dollars for any one breach thereof. And all per- 
sons appearing at any of said Meetings to represent any 
of said Proprietors shall have an appointment in writing 
Signed by the person so to be represented which shall be 
filed Avith or recorded by the Clerk of the Corporation, 
whose duty it shall be fairly & truly to enter & record in 
a book to be kept for that purpose this Act & all rules &, 
by-laws votes & proceedings of said Corporation — And 
the Clerk chosen as aforesaid shall be sworn to the faithful 
discharge of the duties of his Office. 

Sect. 3d. JBe it further enacted that the said Proprie- 
tors be & they are herel)y authorized to enter upon & dig 
up any High- way for the purpose of placing such pipes as 
may be necessary to complete said Aqueduct or for repair- 
ing the ssLiiae, provided they do not thereby in the least 
impede the passing of travellers. 

Sect. 4th. jBe it further enacted that any person who 
shall wilfully injure said Aqueduct shall be subject to the 
same penalties as are provided in the second section of an 
Act entitled "an Act for the more effectually preventing 
trespasses in divers cases" passed in the year of our Lord 
One thousand seven hundred & eighty five, and shall be 
liable to make good all damages done to said Proprietors. 

Sect. 5. And be it further enacted that any share or 
shares in said Property shall be liable to attachment on 
Mesne Process & such attachment shall be made by leav- 
ing an attested Copy of such process with the Proprietor's 
Clerk at the time of such attachment : & such share or 
shares may be Sold on Execution, in the same manner as 
is or may be provided for in 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. Gtii. And he it further Enacted that the mode 
of Selling or transfering Shares in said Corporate prop- 



Acts, 1798. — Chapter 22. 27 

erty shall be by deed & acknowledged before a Justice of 
the peace & recorded by the Clerk of said Proprietors in 
a book kept for that purpose. Ajjjjroved June 27, 179S. 

1798. — Chapter 33. 

[May Session, ch. 23.] 

AN ACT IN ADDITION TO THE ACT ESTABLISHING THE THIRD 
MASSACHUSETTS TURNPIKE CORPORATION. 

Sect. 1st. Be it enacted hy the -Senate and house of 
Mejjreseyitatives in General Court Assembled i& hy the Au- 
thority of the same that the said Corporation may make a New Turnpike 
turnpike road from the West line of Pittsfield to the fiewto°Han- 
West line of Hancock near Lebanon Springs so called ; & '^°'^^' 
when the said road shall be suflBciently made, & shall be 
so allowed, & approved by the Justices of the Court of 
General Sessions of the Peace for the County of Berkshire, 
or a committee by the said Court to be appointed, then 
the said Corporation shall be authorized to erect one Turn- 
pike Gate on the same, at such place as the said Court 
shall from time to time direct & shall be allowed to re- 
ceive from each traveller & passenger at said Gate, the 
same rates of toll as they now are or hereafter ma}'' be toii allowed. 
allowed by law to take & receive at either of the other 
gates already established. Provided that the General Pi^oviBo. 
Court shall have authority at any time within ten years 
from the passing of this Act to regulate the toll to be 
taken at the Gate to be set up in Hancock, should it be 
found on experiment to be set too high. Provided also 
that said Corporation may at any time demand & receive 
a less rate of toll than is pro^'ided in the Act to which 
this is in addition. 

Sect. 2d. And he it further enacted that the said Cor- toii for cattie, 
poration shall not in future demand & receive for any carnages, &c. 
oxen, horses & neet Cattle, led or driven over the said 
road, besides those in teams &, Carriages more than One 
Cent each, & for every chaise, chair, or other carriage, 
drawn by one horse, the said Corporation may demand & 
receive twelve Cents & five Mills, any thing in the said 
Act to the contrary notwithstanding. 

Sect. 3d. And he it further enacted, that the said conditional 

. .^,"-, , /•ii commutation of 

Corporation may, if they see fit, commute the rate ot toll tou. 
with any Person, or with the Inhabitants of any town, 
through which the said road i)asses, by taking of him or 



28 Acts, 1798. — Chapter 22. 

them any certain sum anually, to be mutually agreed on 
in lieu of the toll established in & by said Act. 
t^be agS" Sect. 4th. And be it further enacted, that the said 
with annually. Corpoiatlon may if requested in writing by the Inhabitants 
of the Town of Westhampton, agree once in every three 
years, on three men, who or the Major part of whom 
shall award & determine what sum of money shall be paid 
by the Inhabitants of the said Town annually to the said 
Corporation, in lieu of toll at the East Gate : which three 
men, if no choice can be mutually agreed on, shall be ap- 
pointed in manner following ; that is to say, the said Cor- 
poration, shall appoint one person, the said Inhabitants 
shall appoint a second person, & those two persons thus 
appointed shall choose the other ; & the said award & 
determination shall be made in writing & delivered to 
each of the parties ; & if the said Inhabitants shall on the 
first day of January or within ten Days after, in each 
year, pay such sum of money to the Treasurer of the said 
Corporation as shall be so awarded, it shall not be lawful 
for the said Corporation to receive any toll of any Inhabi- 
tant of the said Town, at said East Gate, during one year 
then next following said first day of January : & if the 
President & Directors of the said Corporation shall not 
when requested by the Agent or Agents of the said Town, 
within Twenty days, agree in one of the modes aforesaid 
on the appointment of three men to make such award & 
determination, it shall be unlawfull for the said Corpora- 
tion to demand or receive any toll of any Inhabitant of that 
town untill the said Directors shall agree to such appoint- 
ment, & untill such award & determination shall be made : 
& every such request from the said Inhabitants, shall be 
in writing, & signed by their agent or Agents, & deliv- 
ered to the President or one of the Directors : & such 
award or Determination so made shall be binding on said 
Parties for the term of three years only, unless, said Inhab- 
itants & the said Corporation, shall be satisfied therewith ; 
but if either of the parties are not satisfied & request it, 
a new appointment shall be made once in three years, & 
another determination had. 
Commutation of Sect. 5. And be it further enacted, that the said Cor- 

toll on carts . ./» i ^ i in • i j ii 

allowed. poration may n they see fit, demand & receive a Jess toll 

for the passing of Carts & Carriages with broad wheels 
than that prescribed in the Act to which this is in addition. 

Approved June 27, 1798. 



Acts, 1798. — Chapter 23. 29 



1798. — Chapter 33. 

[May Session, ch. 27.] 

AN ACT TO SECURE THE TOWN OF BOSTON FROM DAMAGE BY 

FIRE. 

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 meeting house, school ^gg^^g^JIfbe 
house, & every other public building, & every distill house, tuut of brick or 
brewery, malt house, or livery stable, which shall be 
erected in the Town of Boston from & after the first day 
of September next, shall have the external walls of the 
same, except so much as may be necessary for doors & 
windows, composed entirely of brick or stone, & the Roof 
thereof covered entirely with Slate, tile, or some incom- 
bustible composition, & the eaves & gutters effectually 
secured against tire. 

Sect. II. And be itfrirther enacted, That all dwelling Dwelling 
houses, & all other buildings, more than fourteen feet bebum. 
high, from the ground to the highest point of the roof 
thereof, which shall be erected in said Town, after the 
first day of September next, shall have one of the largest 
sides thereof, or any two sides or ends, if equal to one of 
the largest sides, composed entirely of Brick or stone, ex- 
cept so much as may be necessary for doors & windows ; 
& the roofs of said dwelling houses & buildings shall be 
entirely covered with Slate Tile or some incombustible 
composition, & the eaves & gutters secured as before 
directed. And no brick or stone wall shall be deemed 
sufficient within the meaning of this Act, unless the same 
shall be at least, twelve inches thick in the lower story & 
eight inches thick above the lower story, and the parti- 
tion walls of all double houses or other buildings shall be 
built entirely of brick or stone, of at least the thickness 
last mentioned, & shall rise in battlements, at least three 
feet above the roof: And all additions which shall be 
made to buildings already erected, & all buildings which 
shall be erected on old foundations, in part or in whole, 
shall be deemed & considered within the restrictions & 
regulations of this Act. Provided however. That upon Proviso. 
any wharf marsh or other place, where no sufficient foun- 
dation can be obtained without unreasonable expence, on 
permission of the Firewards of said Town or any nine of 



30 Acts, 1798. — Chapter 23. 

them, in writting, wooden buildings of not more than two 
stories high may be erected, which sliall be covered on all 
sides, with Slate, tile or lime mortar, & the roofs, eaves 
& gutters shall be secured as before directed. 
Tuefin^ houses Sect. III. And bs it further encicted, T\i?ct, eYQV J \)QV- 
contrary to law. gon who shall crcct or add to, or cause to be erected or 
added to, any building in said Town of Boston, contrary 
to the true intent & meaning, & against the provisions of 
this Act, shall forfiet & pay a fine, not less than Fifty 
Dollars, nor more than Five Hundred Dollars, according 
to the nature & aggravation of the Offence, to be recov- 
ered by information in the Supreme Judicial Court, in the 
County of Sufiblk, which it shall be the duty of the At- 
torney General to file, in all cases which may come to his 
knowledge, or by indictment before said Court. 
Yearly penalty Sect. IIII. And be it further euQcted, That in addi- 
improper'buiid- tlou to the fiucs abovc mentioned, there shall be laid & 
inga to stand, ^gggggg^^ upou cvcry housc, or other building which shall 
be erected contrary to the provisions of this Act, the sum 
of Fifty Dollars annually, & every year, untill a Brick or 
Stone wall shall be erected, of the dimensions above pro- 
vided, & untill the same shall be eflectually secured against 
fii-e — according to the Provisions of this Act. And it 
shall be the duty of The Firewards of the said Town of 
Boston, to return to the Assessors of said Town annually, 
a list of all such houses or other buildings, erected against 
the Provisions of this Act, together with attested copies 
of the record of the Conviction of the Person or Persons 
who erected the same, before the said Judicial Court, & 
thereupon it shall be the duty of the said Assessors, to 
assess upon the Owner or Owners of such l)uilding or 
buildings for the time being the said sum of Fifty dollars, 
in addition to his her or their other taxes, which shall be 
recovered in the same way & manner, as other taxes are 
or shall be collected, & the same remedy is hereby given 
to the Collector or Collectors of Taxes for the recovery 
thereof. Provided nevertheless, That no such building or 
buildings shall be subjected to such annual Tax, untill an 
Attested Copy of said Conviction, shall have been duly 
recorded in the Office of the Register of Deeds for the 
County of Suffolk, whose duty it shall be to receive & 
record the same. 
Ropemakers* Sect. V. And he it further enacted, That every Tar- 

tar ksttlBB 1 

Kettle which shall be made use of in said Town for the 



Acts, 1798. — Chapter 23. 31 

purpose of boiling Tar for the use of any Rope Walk, 
shall be so fixed as to prevent all communication whatso- 
ever ])etween the Tar & the Fire, & that the Fire Place 
under every such Kettle, shall be constructed with an arch 
built over the same, & secured by an Iron Door in such 
manner as to enclose the fire therein. 

Sect. VI. And be it further enacted. That every per- Penalty for 

I 1 11 /• 1 1 1 i:-( J 1 smoking or 

son who shall carry any nre throuo:h the otreets, lanes, or carrying are un- 

I • • 1 rn J. • J covered in the 

on any wharves, in said lown, except m some covered streets, &c. 
Vessell, or shall smoke, or have in his or her possession, 
any lighted pipe or segar, in any street, lane or passage 
way, or on any wharf in said Town, shall forfiet & pay for 
each & every offence the sum of two Dollars, to be recov- 
ered of the person so offending, or of his parent, Guardian, 
Master or Mistress, before any Justice of the Peace of the 
County of Suffolk upon complaint made upon Oath. 

Sect. VII. And be it further enacted, That if any per- Penalty for 

, s, , • u- 1 • • r> II having fire in a 

son shall have in his or her possession, in any Kope walk ropewaik. 
within said Town any fire, lighted pipe, or segar, candle 
or lamp, he shall forfiet & pay for each offence, a sum not 
exceeding one hundred Dollars nor less than five Dollars, 
to be recovered in any Court proper to try the same. 

Sect. VIII. And be it further enacted, That it shall flrc'^'^'Jfalnts. 
be the duty of each & every Fireward in the Town of 
Boston, & they & each of them are hereby required, to 
enquire after, & give information to the Attorney General 
of all offences, which may be committed against the true 
intent & meaning of this Act, cognizable before the Su- 
preme Judicial Court, or Court of General Sessions of the 
Peace ; & to some Justice of the Peace, for all offences 
committed against this Act, & cognizable by a Justice of 
the Peace. 

Sect. IX. And be it further enacted. That the Act f^'^p'^'^fj"^^"^ 
entitled, " An Act to secure the Town [of~\ Boston from 
damage by Fire," be, & the same is hereby repealed from 
& after the said First day of September next, excepting 
that such parts thereof as may be necessary to recover all 
fines & penalties incurred upon the Act aforesaid, shall 
still remain in full force. 

Sect. X. And be it further enacted. That all the fines, Appropriation 
penalties & Assessments, which shall be recovered by ° "^*' 
force of this Act shall accrue & enure one half to the use 
of the Poor of the Town of Boston, to be paid to the 
Overseers thereof, & the other half to the Fireii^ards of 
said Town. Approved June 27, 1798. 



to be appointed. 



32 Acts, 1798. — Chapters 24, 25. 



1798.— Chapter 34. 

[May Session, ch. 28.] 

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT FOR ES- 
TABLISHING COURTS OF COMMON PLEAS." 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the Authority 
Fonr Justices of the Same ; — That where in any Court of Common Pleas, 
there are not now, or hereafter may not be, four Justices 
in Commission, His Excellency the Governor, with advice 
of Council shall appoint a Chief Justice, and hereafter the 
said Court of Common Pleas shall consist of a Chief 
Justice and three other Justices qualified as the Law directs 
appointed by his Excellency the Governor with the advice 
of Council : And that all Writs and Processes, issuing 
from the several Courts of Common Pleas shall bear Test 
of the first or Chief Justice, and in case the said first or 
Chief Justice shall be a party, then such writ or process 
shall bear test of the next senior Justice, if he is not a 
party. Approved June 27^ 1798. 



1798. — Chapter 35. 

[May Session, cb. 24.] 

AN ACT FOR INCORPORATING A NUMBER OF THE INHABITANTS 
OF THE TOWNS OF HARWICH, DENNIS AND CHATHAM IN THE 
COUNTY OF BARNSTABLE INTO A DISTINCT AND SEPERATE 
RELIGIOUS SOCIETY. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
Persons incor- authority of the same, that Job Chase, Zebulon Gage, 
porated. Isaiah Chase, Nathan Ellis, Anthony Gage, Benjamin 

Nickerson junr. Anthony Kelley, William Eldridge, Jere- 
miah Walker, Edward Small, James Cohoon, Nathaniel 
Chase, Zenas Chase, Ebenezer Snow, Jeremiah Ellis, 
George Phillips, Levi Ellis, Reuben Weeks, Anthony 
Chase, Samuel Basset, Ezra Baker, William Rider, Enoch 
Chase, David Eldridge, Seth Walker, James Chase, Job 
Chase junr. Obed E. Smith, Lot Chase, Lot Chase junr. 
Joseph Chase, Thomas Chase junr. Abner Chase, Jere- 
miah Baker, Owen Chase, Nathaniel Downs, Phinehas 
Nickerson, Archelaus Chase, Sylvanus Baker, William 
Chase, Joseph Kelley, Harsy Crowell, Amos Crowell, 



Acts, 1798. — Chapter 25. 33 

Godfrey Tripp, James Crowell, Elnathan Eldriclge, 
Joseph Gage, Samuel Tripp, Samuel Smith, Jonathan 
Clark, Reuben Small, Benajah Crowell, David Basset, 
Jabez Crowell junr. Jabez Crowell, Small Phillips, Ed- 
ward Small junr. Baruch Eldridge, Nathaniel Bassit, John 
Bassit, Obadiah Eldridge, Watson Nickerson, Daniel 
Bassit, John Diar and Solomon Nickerson Members of 
the said Religious Society, together with their Polls and 
Estates be, and they are hereby incorporated by the name 
of the Baptist Religious Society in Harwich, with all the corporate 
privileges, powers & immunities which parishes in this °*'"®' 
Commonwealth are by Law entitled to. 

Sect. 2. Be it further Enacted hy the authority afore- 
said, that any and every person in the Towns of Harwich, How to become 
Dennis & Chatham in said County of Barnstable, who may ''™''" "' 
at any time hereafter actually become a Member of & 
unite in Religious worship with said Society in said Har- 
wich, & give in his or her name to the Clerk of the Parish 
to which he or she belongs, with a Certificate signed by 
the Minister or Clerk of said Society, that he or she hath 
actually become a Member of, and united in Religious 
Worship with said Baptist Religious Society in Harwich, 
fourteen days previous to the Parish meeting therein, to 
be held in the Month of March or April annually, shall, 
from and after giving such Certificate, with his or her 
polls & estate, be considered as a Member of said Society : 
Provided however that such person shall be held to pay Proviso, 
his or her proportion of all monies, assessed or voted in 
the parish to which he or she belonged previous to that 
time. 

Sect. 3. Be it further Enacted hy the Authority afore- 
said, that when any Member of said Society shall see How to wuh- 

'' . . !• • 1 • -J.! draw from the 

cause to leave the same, & unite m religious worship with society. 
any other Religious Society in the Town or Parish in 
which he or she may live, and shall give in his or her 
name to the Clerk of said Baptist Religious Society, with 
a Certificate signed by the Minister or Clerk of the parish 
or other incorporated Religious Society with which he 
may unite, that he hath actually become a member of, & 
united in Religious worship with such other parish or 
other incorporated Religious Society, fourteen days pre- 
vious to their annual Meeting in March or April, and 
shall pay his or her proportion of all monies voted in said 
Society to be raised previous thereto, shall from and after 



34: 



Acts, 1798. — Chapter 26. 



giving such Certificate, with his or her polls and estates 
be considered as a member of the Society to which he or 
she hath so united. 

Sect. 4. Be it further Enacted hy the authority afore- 
First meeting. .sm'cZ, that Ebeuezcr Broadbrooks jun. Esqr. be & he is 
hereby authorized to issue his warrant directed to some 
principal member of the said Society, requiring him to 
warn the members of the said Society qualified to vote in 
parish affairs, to assemble at some suitable time and place 
in said Town of Harwich, to choose such parish Officers 
as are by law required to be chosen in the month of March 
or April annually, and to transact all matters & things 
necessary to be done in said Society. 

Approved June 27, 1798. 



Limits. 



Corporate 
name. 



First meeting. 



1798. — Chapter 26. 

[May Session, ch. 25.] 

AN ACT TO INCORPORATE A PART OF THE FIRST PRECINCT IN 
ROCHESTER IN THE COUNTY OF PLYMOUTH, INTO A SEPERATE 
PRECINCT, BY THE NAME OF THE FOURTH CONGREGATIONAL 
PRECINCT IN ROCHESTER. 

Sect. 1. Be it Enacted by the Senate <& House of 
Representatives in General Court assembled and by the au- 
thority of the same, that the easterly part of the said first 
precinct in Rochester, lying within the following lines 
vizt. Beginning at the Bridge over Sippican River near 
the dwelling house of Caleb Mendall in said Rochester, 
thence running Southwesterly such a course as will strike 
half way between the dwelling houses of Benjamin Dexter 
& Noah Dexter, thence South, such a course as will strike 
William Negro's house, & from thence to the line of the 
second Precinct in Rochester ; thence Southerly in the 
line of the said second Precinct, until it comes to the Sea, 
thence turning to the left by the Sea shore, until it comes 
to the mouth of said Sippican River, & thence up the said 
stream to the bridge before mentioned, together with all 
the Inhabitants thereon, be, & they hereby are incorpor- 
ated into a seperate Precinct by the name of the fourth 
congregational precinct in Rochester, with all the powers, 
privileges & immunities which other Precincts in this Com- 
monwealth are or may be entitled to by Law. 

Sect. 2. Be it further Enacted that Abraham Holmes 
Esqr. be & he is hereby authorized & empowered to 



Acts, 1798. — Chapter 27. 35 

issue his Warrant directed to some principal Inhabitant 
within the said fourth Precinct, requiring him to notify & 
warn the Inhabitants of said Fourth Precinct, qualified by- 
law to vote in Precinct Meetings, to assemble at some 
suitable time and place in said Fourth Precinct, to choose 
such officers as precincts are empowered to choose in the 
Months of March or April annually, and to transact all 
matters and things necessary to be done in said Precinct. 

Approved June 27, 1798. 



1798. — Chapter 37. 

[May Session, ch. 26.] 

AN ACT TO INCORPORATE CERTAIN PERSONS IN THE TOWN OF 
HOPKINTON, FOR THE PURPOSE OF CONDUCTING WATER FROM 
A CERTAIN SPRING IN SAID TOWN, FOR THE USE OF A NUM- 
BER OF INHABITANTS THEREOF BY SUBTERRANEOUS PIPES. 

Sect. I. Be it Enacted hy the Senate and House of 
Rejjvesentatives in General Court assembled and by the au- 
thority of the same, That Doctr. Thomas Bucklin, Samuel Persona incor- 
Haven junr. Phillip Briggs, Aaron Claflin, John Gouldon, 
Samuel Welch, Benjamin Norcross junr. Thomas Free- 
land and Isaac Claflin, with such others as are or may be 
joined or associated with them, or their Successors, be and 
they hereby are incorporated by the name of the Proprie- corporate 
tors of the Aqueduct in Hopkinton, and by that name may *'^™®* 
sue and be sued. Provided that nothing in this Act shall 
authorize the said Proprietors to enter on or to make use 
of private property without consent of the Owner. 

Sect. II. Be it further Enacted, that the said Propri- May choose 
etors at any Meeting warned, as by this Act is (or as by 
the said Proprietors in legal Meeting shall be) directed, 
may elect and choose a Clerk and other Officers proper 
for a Corporation to choose and have, for efiecting the 
object of their incorporation. And the Clerk so chosen, 
shall be duly sworn, and shall make true record of all the 
Votes, Acts & Doings of the said Corporation. And the May make 
said Proprietors in Meeting as aforesaid, may make any 
rules, regulations or bye Laws respecting the calling & 
governino; the Meetings and ordering the transactions and 
concerns of the said Corporation &, the welfare and inter- 
est of the same, which they may think expedient, and im- 
pose any fines and forfeitures, not exceeding Ten Dollars 
and levy the same in due form of Law. Provided always 



36 Acts, 1798. — Chapter 28. 

that the said rules, regulations & by Laws aforesaid, 
shall not be repugnant to tbe Constitution or Laws of this 

First meeting. Commonwealth. And any three of the persons before 
named, may call the first Meeting of said Proprietors, to 
be holden in said Hopkinton, 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. 

^edugu^p.""^^ Sect. III. And be it further enacted that the said pro- 
prietors may dig up any public or Town way for conduct- 

\uin^l ^ueduct ^^» watcr Rs aforcsaid : Provided they do not obstruct 
the rightful use of the same ; and any person wilfully in- 
juring the said Aqueduct, shall be subject to the same 
pains and penalties as are provided in the second Section 
of the Act entitled " An Act tor the more effectually pre- 
venting of Trespasses in divers cases" — and shall also be 
liable to make good all damages so done to the said Aque- 
duct or Proprietors. Approved June 27, 179S. 

1798. — Chapter 38. 

[May SeBsion, ch. 29.] 

AN ACT TO SET OFF [WILLIAM WATSON AND JAMES W^ATSON 
WITH THEIR ESTATES FROM THE TOWN OF WARREN IN THE 
COUNTY OF LINCOLN TO THE TOWN OF THOMASTOWN. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that William Watson and James Watson of 
Warren in the County of Lincoln, together with their 
Real Estate within the following Metes and Bounds, to 
wit. Beginning at a Stake at the head of the Narrows, so 
called, thence East South East to St. George's River, 
thence Northerly up said River to the first bounds, be and 
hereby are set oflf from said town of Warren and annexed 
to the town of Thomastown in said County : Provided 
that the said William and James shall pay all taxes here- 
tofore assessed upon them & their estates by the town of 
rroviso. Warren aforesaid, provided also that the said William 

& James shall be assessed & held to pay all their respec- 
tive state taxes hereafter to be assessed upon them & their 
estates in & to the said town of W^arren untill the next 
valuation of this Commonwealth, in the same manner as 
though this Act had never been passed. 

Approved June 28, 1798. 



Acts, 1798. — Chapter 29. 37 



1798.— Chapter 39. 

[May Session, ch. 30.] 

AN ACT FOR THE PRESERVATION OF THE FISH, CALLED ALE- 
WIVES IN AGAWAM & HALF WAY POND RIVERS IN THE 
COUNTY OF PLYMOUTH & FOR THE REGULATING THE TAKING 
SAID FISH, & FOR REPEALING ALL LAWS HERETOFORE MADE 
FOR THAT PURPOSE. 

Sect. 1. Be it enacted hy the Senate & the Hou^e of 
Representatives in General Court Assembled & by the 
Authority of the same. That the Towns of Plymouth & ^JliXwnr" 
AVareham shall annually at their meetings in the fall of privilege to be 
the year respectively choose a Committee of not more 
than three persons each, whose duty it shall be in the 
jSIonth of March annually to sell by Public Vendue the 
privilege of taking said fish at such places, not exceeding 
two in said Towns, and on such days, not exceeding three 
in each week, as said Committee shall agree upon & pub- 
lish in their conditions of such sale, wherein said Com- 
mittee shall also express the price at which the purchasers 
shall sell said Yi^h. provided it do not exceed twenty five 
cents per hundred, & also the manner of taking & dispos- 
ing of the same. 

Sect. 2d. Be it further enacted, that the Committee Time and place 
of the said Town of Plymouth the first year, & the Com- notificatio^n of. 
raittee of the said Town of Wareham the second year, and 
so on alternately forever, shall notify the Town Clerk of 
the other Town concerned in said Fishery, of the time & 
place in which said Committee shall meet, ten days at 
least, before the time of meeting ; and the majority pres- 
ent at any such meeting shall have the power of the whole 
Committee. 

Sect. 3d, Be it further enacted, that if either of said nIgiectiJg'to 
Towns shall neglect to choose their respective Committees ^°°g*e®°°™" 
aforesaid, or if either of such Committees shall neglect to 
give notice as above required, they shall severally forfiet 
& pay to the use of the Town which shall chuse such Com- 
mittee, for each oftence the sum of One Hundred Dollars. 

Sect. 4th. Be it further enacted, that all persons ex- Fine for unau- 
cept the purchaser or purchasers as aforesaid or those em- °"^^ * '°^" 
ployed by them, who shall take any of said fish in said 
liivers or in any Pond or stream, having communication 
therewith, Sippican River excepted, shall forfiet & pay a 
sum not less than one Dollar nor more than twenty. 



38 



Acts, 1798. — Chapter 29. 



Dams to be 
opened. 



Penalty for 
obstructions. 



Sect. 5th. Be it further enacted, that the owner or 
occupier of any Dam on said River, shall annually between 
the first day of April & first day of June following for 
such term & in such manner as said Committee shall 
direct, open a sufficient passage for said fish through said 
dam ; & on failure or neglect of opening such passage, or 
of continuing the same as aforesaid shall forfiet & pay 
the sum of One hundred Dollars ; & the said Committee 
shall have power to open such dam when neglected as 
aforesaid, at the expence of the proprietor provided no 
more damage is thereby done the owner than is necessary 
to effect said purpose. 

Sect. 6th. Be it further enacted, that if any Person 
shall make any ware or other obstruction to the free Pas- 
sage of said fish, or shall make use of any seine to take 
said fish in said River or in any Pond or stream communi- 
cating therewith, the person so offending shall forfeit, and 
pay a Sum not less than one Dollar nor more than twenty ; 
and said Committee shall have Power, and it shall be their 
duty to remove such ware or obstruction at the Expence 
of the person causing the same, and also to seize to the 
use and disposal of said Towns any seine used as afore- 
said. 

Sect. 7th. Be it further enacted, that the Treasurers 
of the aforesaid Towns respectively are hereby empow- 
ered upon the complaint of any of the Committee afore- 
said, to sue for the recovery of any forfeitures incurred 
by the breach of any of the regulations provided in this 
Act, and also of such further regulations as may from 
time to time be provided and established by said Commit- 
Appropriation. tee. And all fines and forfeitures recovered for any 
breaches aforesaid, except such as are mentioned in the 
third Section of this Act, shall, together with the pro- 
ceeds of said fishery, be equally divided between said 
Towns ; and 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 Cor- 
porations withholding the same, one half part thereof, in 
any Court proper to try the same. 

Sect. 8th. Be it further enacted, that the purchasers 
of the privelege of taking said fish as aforesaid shall in all 
respects conform themselves to such regulations and con- 
ditions as said Committee shall publish in their conditions 
of sale as aforesaid, and on failure thereof shall forfeit and 



Recovery of 
fines. 



1 



Fine for not 
performing 
contract. 



Acts, 1798. — Chapter 30. 39 

pay for each offence a Sum not exceeding twenty dollars, 
nor less than one Dollar. 

Sect. 9. Be it further enacted, that any of the Cora- Members of 
mittee aforesaid may be admitted as competent witnesses admut"dM°' ^ 
in any prosecution for the breach of any regulations as prosecmfoM. 
aforesaid ; and said Committee previous to entering upon 
the Execution of their office, shall be sworn to the faith- 
full discharge of their duty, as other Town officers are 
sworn, and shall receive out of the proceeds of said fishery 
the Sum of seventy Cents each for each days service. 

Sect. 10. And be it further enacted, that all Laws Former laws 
heretofore passed respecting said fishery in said Rivers, ''^p^*^ 
be, and the same are hereby repealed, excepting so far as 
may respect any penalties already incurred for the breach 
of said Laws. Approved June 28, 1798. 

1798. — Chapter 30. 

[May Session, ch. 31.] 

AN ACT IN ADDITION TO AN ACT ENTITLED AN ACT FOR INCOR- 
PORATING CERTAIN PERSONS FOR THE PURPOSE OF BUILDING 
A BRIDGE OVER THE RIVER BETWEEN SALEM & BEVERLY, & 
FOR SUPPORTING THE SAME. 

Sect. 1. Be it enacted by the Senate & House of 
Representatives in General Court Assembled & by the 
Authority of the same that it shall be lawful for the pro- Length of 
prietors of the said Bridge to make the leaves of the draw {j^r'^dge."^ ''"^^"^ 
thereof eighteen feet long instead of thirty two feet the 
present length of said leaves. 

Sect. 2d. Be it further enacted that if any person or toii for more 
persons shall cart or carry on wheels any load over the ''^^^ *^°°" ^^' 
said bridge weighing more than forty five hundred weight, 
he or they shall pay twenty five Cents toll for every hun- 
dred said load shall weigh more than forty five hundred. 

Sect. 3d. Provided nevertheless, and be it further 
enacted, that before the said Proprietors shall make any toii on Lords' 
alteration in the length of said Draw, or shall take any ^^* '^^ "^'^ 
benefit of the provision in the Second Section of this Act, 
they shall be held to reduce the rates of toll which they 
are now entitled by law to receive on Lords days, to the 
same rates which they are entitled to receive on other 
days ; And the priviledges granted in the first & second 
Sections of this Act, shall be held only upon condition 
that said Proprietors shall make the reduction aforesaid. 

Approved June 29, 1798. 



40 



Acts, 1798. — Chapter 31. 



No meeting to 
be held on 
military days. 



No military 
duty to be ex- 
acted on days of 
voting for civil 
officers. 



Votes to be 

personally 

presented. 



Recovery and 
disposal of fines. 



1798. — Chapter 31. 

[May 8esaio:i, ch. 32.] 

AN ACT IN ADDITION TO THE SEVERAL LAWS REGULATING 

ELECTIONS. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, that it shall not be lawful for the 
Selectmen of any Town or District, to appoint a Meeting 
for the Election of a Representative to the General Court 
on any day on which by Law, the Militia of this Common- 
wealth are specially required to do military duty ; and 
the Selectmen thus appointing any such meeting, shall 
severally forfeit and pay a sum not exceeding One hun- 
dred Dollars. 

Sect. 2. Be it further Enacted, that no Officer or 
Soldier of the Militia, shall be holden to do any Military 
duty on any day (except on days which are or may be 
specially prescribed by Law) on which the Selectmen or 
Assessors of any town or District shall appoint a meeting 
for the election of a Representative to the General Court, 
or on the day pointed out in the Constitution for the elec- 
tion of Governor, Lieutenant Governor and Senators of 
this Commonwealth, or on any day which is or may be 
appointed for the choice of Electors of President and Vice 
President of the United States, or Representatives to Con- 
gress ; And it shall not be lawful for any such Officer to 
exercise any military command on either of said days, un- 
less in case of sudden invasion made or threatened, or in 
obedience to the orders of the Commander in Chief, ex- 
cept as is herein before excepted ; and every Officer of- 
fending herein, shall for each offence, forfeit & pay a sum 
not less than ten or more than three hundred Dollars. 

Sect. 3. Be it further Enacted, that it shall not be 
lawful for the Selectmen or Assessors of any Town Dis- 
trict or Plantation, presiding at a meeting for either of 
the Elections aforesaid, to receive an}^ Vote, unless deliv- 
ered in writing by the Voter in Person ; and the Selectmen 
or Assessors who shall oflend herein, shall severally for- 
feit and pay a sum not exceeding one hundred Dollars. 

Sect. 4. Be it further Enacted, that all Fines & For- 
feitures for any breach of this Act, may be recovered by 
Indictment before the Supreme Judicial Court, or by 



Acts, 1798. — Ciiaptees 32, 33. 41 

Action of Debt before any Court proper to try the same ; 
one half to the Use of this Commonwealth, and the other 
half to the use of any person who shall prosecute or sue 
for the same. Approved June 29, 1798. 

1798. — Chapter 33. 

[May Session, ch. 33.] 

AN ACT ESTABLISHING AN ADDITIONAL TERM OF THE SUPREME 
JUDICIAL COURT FOR THE COUNTY OF NORFOLK. 

£e it enacted hy the Senate and House of Representa- 
tives in General Court Assembled & hy the Authority of 
the same that there be held & kept at Dedham within & 
for the said County of Norfolk on the second Tuesday of 
February annually a Supreme Judicial Court in addition 
to the term now by law established for said County & all 
officers are directed to Govern themselves accordingly. 

Approved June 29, 1 798. 

1798. -Chapter 33. 

[May Session, eh. 34.] 
AN ACT TO PREVENT PROFANE CURSING AND SWEARING. 

Whereas the horrible practice of profane Cursing and Preamble. 
Sv:earing is inconsistent ivith the dignity & rational cul- 
tivation of the human mind, with a due reverence of the 
Supreme Being and his Providence, & hath a natural 
tendency to iveaken the solemnity and obligation of Oaths 
laufully tahen in the administration of Justice; to j9?*o- 
mote fals\_Q\hood, perjuries, blasphemies, and dissoluteness 
of manners, and to loosen the bonds of civil society: 

Sect. 1. Be it therefore Enacted, by the Senate <& 
House of Representatives, in General Court asse^nbled, 
and by the authority of the same. That if any person, who penalties for 
has arrived at discretion, shall profanely Curse or Swear, fn|o^°curThfg.' 
and shall be thereof convicted, such person, so oflending, 
shall forfeit and pay a sum, not exceeding two Dollars, 
nor less than one Dollar, according to the aggravation of 
the oflence, and the quality and circumstances of the 
Ofi'ender, in the Judgment of the Court or Justice of the 
Peace before whom the conviction may be ; and in case 
the same person shall after one conviction, as aforesaid, 
oflend a second time, such Oftender shall forfeit & pay 
upon such second conviction, double the sum forfeited on 



42 Acts, 1798. — Chapter 33. 

Fine for every the fii'st convictlon ; and in case the same person shall 
first. after two convictions as aforesaid, again offend, such 

Offender shall forfeit & pay upon each & every subse- 
quent conviction, treble the sum forfeited on the first con- 
viction ; and if, on any Trial and Conviction, proof shall 
be made that more than one profane Oath or Curse were 
sworn or uttered, by the same person at the same time, 
and in the presence or hearing of the same witness or wit- 
nesses, the person so offending, for every profane Oath or 
Curse, after the first, shall forfeit and pay a sum not ex- 
ceeding fifty Cents, nor less than twenty five cents, in 
addition to the sum forfeited as first above specified : One 
moiety of the several forfeitures, aforesaid, to be to the 
use of the Poor of the Town in which the offence shall 
have been committed, and the other moiety thereof to the 
use of the person or persons who shall make complaint 
thereof or prosecute for the same. And in case any per- 
son convicted of profane Cursing or Swearing, shall not 
immediately pay the sum or sums so forfeited, such per- 
son shall be committed to the common Goal or house of 
Correction, there to remain, not less than one day nor more 
Proviso. ^j-jg^jj gyg days. Provided nevertheless. That when any 

person shall have been convicted of profane Cursing or 
Swearing before any Justice of the Peace, and having ap- 
peared before such Justice and pleaded the General Issue, 
or demurred to the charges in the Complaint against him, 
Appeal allowed, j^ shall be lawful for such Defendant to appeal from the 
sentence of such Justice to the Justices of the next Court 
of General Sessions of the Peace, to be holden in & for 
the County wherein the offence was committed, who shall 
hear and finally determine the same ; the Appellant claim- 
ing such Appeal at the time of declaring such Sentence by 
said Justice, and then and there recognizing with suflBcient 
surety or sureties in a reasonable sum, not exceeding 
twenty Dollars, to prosecute his said Appeal with effect, 
and to perform the Order of said Court therein. 
?u^y uVto°fn. Sect. 2. And be it further Enacted, That if any per- 
oaX."^ profane ^q^ g^all profanely Curse or Swear in the hearing of any 
Sheriff, Deputy Sheriff, Coroner, Constable, Grand-Juror 
or Tything-man, it shall be the duty of such Ofiicers, re- 
spectively, forthwith to give information thereof to some 
Justice of the Peace of the County wherein the Oftence 
may be committed, in order that the Offender may be 
taken, convicted and punished for the same : Which Con- 



Acts, 1798. — Chapter 34. 43 

viction shall be drawn up in the form following, ss. Form of con- 
Be it remembered, That on the day of , in the "*" 

Year of our Lord , A. B. was convicted before me, 

one of the Justices of the Peace for the County of , 

of swearing one (or more) Profane Oath (or Oaths) or 
of uttering one (or more) profane Curse (or Curses) as 
the case shall be. Given under my hand, the day & year 
aforesaid. Provided alivays, & it is hereby further Proviso. 
Enacted^ That no person shall be convicted or troubled 
for the offence of profane Cursing or Swearing unless the 
prosecution for such offence shall be commenced within 
twenty days next after the Offence shall be committed. 

Sect. 3. And he it further Enacted, That the Clerks This act to be 

T-v • c, T->i • "XL* read at annual 

of the several Towns, Districts & Plantations in this town meetings. 
Commonwealth shall cause this Act to be publicly read 
at the opening of their respective annual meetings in the 
Month of March or April ; & if the Clerk of any Town, 
District or Plantation shall neglect so to do, he shall for- 
feit & pay the sum of ten Dollars for each neglect, to be 
recovered by an Action of Debt in any Court proper to 
try the same ; one moiety thereof to the use of the person 
or persons suing therefor, & the other moiety thereof to 
the use of this Commonwealth. 

Sect. 4. And he it further Enacted, That the Secre- copy of this 

1 • 1 • J T /-^ jy ±^ • act to be trans- 

tary shall cause to be transmitted a printed Copy ot this mittedto 
Act to each of the public Teachers of Religion within this ° ®'^y"''"- 
Commonwealth, to whom it is hereby recommended to 
read or cause the same to be publicly read to their several 
Congregations annually on the day of the Public Fast. 

Sect. 5. And he it further Enacted, That all Laws Laws repealed. 
heretofore made for preventing profane cursing & swear- 
ing, be, and hereby are repealed. 

Approved June 29, 1798. 

1798. — Chapter 34. 

[January Session, ch. 1.] 

AN ACT IN ADDITION TO AN ACT, WHICH PASSED ON THE 
TWENTY SIXTH DAY OF FEBRUARY IN THE YEAR OF OUR 
LORD ONE THOUSAND SEVEN HUNDRED AND NINETY FOUR, 
ENTITLED AN ACT TO INCORPORATE A SOCIETY, BY THE 
NAME OF THE TRUSTEES OF THE BAPTIST EDUCATION 
FUND. 

Whereas in, and hy the last clause of the Act aforesaid. Preamble. 
it is declared, ♦* that the said society shall meet in the Town 



44 



Acts, 1798. — Chapters 35, 36. 



To meet the 
last Wednesday 
in May, etc. 



of Boston annually, on the day next after the last Wednes- 
day in may, and at such other times and places within 
(his Cornmonivealth, as the society shall judge jiroper.'" 

Be it enacted, by the Senate and house of Representa- 
tives in General Court assembled, and by the authority of 
the same, that so much of the said clause as is afore 
recited, be repealed, and that the said society shall here- 
after meet in the town of Boston annually, on the last 
Wednesday in may, and at such other times, and places 
within this Commonwealth, as the society shall judge 
proper. Approved Jayiuary 22, 1799. 



Petitions to be 
presented 
■within two 
years. 



1798. — Chapter 35. 

[January Session, ch. 2 ] 

AN ACT LIMITING THE TIME WITHIN WHICH PETITIONS FOR 
WAGES WHICH HAVE BEEN DRAWN BY FORGED ORDERS, 
SHALL BE SUSTAINED. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same, that no petition for wages which have hereto- 
fore 1)een drawn by forged Orders, shall be hereafter sus- 
tained, unless such petition shall be presented within two 
years from the passing of this Act : and on failure thereof, 
the Petitioner, Applicant and Claimant shall be forever 
excluded & barred from any Claim or Demand against this 
Commonwealth for or on account of any wages so drawn 
or alledged to be drawn by virtue of any such forged 
Order. And the Secretary is hereby directed to cause 
this Act to be published in the several News papers printed 
in this Commonwealth for three months successively. 

Approved January 29, 1799. 



Preamble. 



1798. —Chapter 36. 

[January SeBsion, ch. 3.] 

AN ACT IN ADDITION TO AN ACT FOR CONFIRMING THE REC- 
ORDS OF A PLANTATION CALLED BRIDGETON. 

Whereas the Book of Records of the Proprietors of 
Bridgeton, ivherein were recorded all past votes and pro- 
ceedings of said proprietors in carrying forward the settle- 
ment of said plantation, on the Night of the second Day of 
October one thousand seven hundred and eighty was con- 
sumed by Fire, by means whereof great loss and damage 



Acts, 1798. — Chapter 37. 45 

may ensue to individuals unless prevented by the Legis- 
lature; and it being made to appear by a declaration of 
said Proprietors that in consideration of certain services 
therein mentioned to have been performed by Jacob Stevens 
and Benjamin Kimball^ they had previously voted the said 
Jacob Stevens five acres of land to be laid out in such man- 
ner as would best accomodate his Mills, also the lot num- 
ber eight in the fifteenth range, together with the eighty third 
Right in said Township, he paying the Taxes on said 
right; and that the said Proprietors had also voted to 
the said Benjamin Kimball the sixty first Right in said 
Bridgeton. 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled and by the 
Authority of the same that the several Votes of the Pro- Titles continued 
prietorsof Bridgeton before mentioned shall be held to be and^Brnjamin"^ 
good and valid in law, so as to secure to the said Jacob ^'™^''"- 
Stevens & Benjamin Kimball their heirs and Assigns the 
lands therein described as fully as they might & would 
have been by the Original Records had they been pre- 
served. Approved January 29, 1799. 



1798. — Chapter 37. 

[January Session, ch, 4.] 

AN ACT TO INCORPOIIATE A NUMBER OF THE INHABITANTS IN 
EACH OF THE TOWNS OF SYDNEY, BELGRADE AND AUGUSTA 
IN THE COUNTY OF LINCOLN INTO A DISTINCT RELIGIOUS 
SOCIETY BY THE NAME OF THE FIRST BAPTIST SOCIETY IN 
SYDNEY. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same. That Asa Wilbur, Caleb Leonard, Persons incor. 
William Decker, Jethro Weeks, James Stedman, William 
Holloway, John Ward junr. Othoniel Hammond, John 
Hammond, Nathaniel Blake, John Ward, William Ward, 
Benjamin Bisbee, Eleazer Cummings, John Jackson junr. 
David Fish, Joseph Lumbart, Jeduthun Hammond, Sam- 
uel Jackson, Isaac Cottle, Jonas Sawtell, James Bacon, 
Caleb Trask, Daniel Champney, Hezekiah Sawtel junr. 
Amos Page, Daniel Masher junr. James Hutchinson, 
Timothy Reynolds, Benjamin Dyer, Edmund Hay ward, 
Anthony Fought, Frederick Fought, David Reynolds, 
Nathaniel Reynolds junr. Samuel Hovey, George Andros* 



porated. 



46 



Acts, 1798. — Chapter 37. 



Corporate 
name 



Mode of 
association. 



Proviso. 



Mode of 
separation. 



junr. Roljert Townsend, Joel Procter, Aaron Fall, Samuel 
Fall, Isaiah Chase, Jeremiah Robinson junr. Joshua Ellis, 
Daniel Wilbur, Ebenezer Trask, Abiezer Trask, Jacob 
Gooding, William Smiley, Alexander Smiley, John Bragg, 
Flint Barton, Jesse Scudder, John Sawtell and Benjamin 
Branch, with their families and estates, together with such 
others as have or may hereafter associate themselves for 
the same purpose, in the manner hereinafter described, be 
and hereby are Incorporated into a Religious Society 
by the name of The tirst Baptist Societ}^ in Sydney, with 
all the powers, privileges & immunities to which other 
Parishes in this Commonwealth are by Law entitled. 

Sect. 2. £e it farther Enacted, that any person in 
either of the towns of Sydney, Belgrade, or in the North 
parish of Augusta aforesaid, being of the Baptist Denomi- 
nation aforesaid, who may at any time hereafter actually 
become a Member of and unite in religious worship with 
the Society aforesaid, and 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 
and united in religious worship with the aforesaid Baptist 
Society in Sydney, fourteen days previous to the town or 
parish meetings therein, to be held in the month of March 
or April annually, shall from and after giving such Certifi- 
cate, with his or her polls and estates, be considered as a 
Member of said Society. Provided however, that such 
person shall be held to pay the proportion of all money 
assessed in the Town or Parish to which he or she belonged 
previous to that time. 

Sect. 3. Be it farther Enacted, That when any Mem- 
ber of said Baptist Society shall see cause to leave the 
same and unite in Religious worship with any other Re- 
ligious Society, and shall give in his or her name to the 
Clerk of the said Baptist Religious Society, with a Certifi- 
cate signed by the Minister or Clerk of the parish or 
other incorporated Religious Society, with which he or she 
may unite, that he or she has actually become a Member 
of and united in religious worship with such other parish 
or other incorporate religious Society, fourteen days pre- 
vious to their meeting in March or April, and shall pay 
his or her proportion of all money assessed in said Society 
previous thereto, such person shall, from and after giving 
such Certificate, with his or her polls and estates, be con- 



Acts, 1798. — Chapter 38. 47 

sidered as a Member of the Society to which he or she has 
so united. 

Sect. 4. A7id be it further Unacted, That Samuel First meeting. 
AVeston Esqr. be and he is hereby authorized and em- 
powered to issue his Warrant directed to some suitable 
Member of the said Society, requiring him to notify and 
w^arn the Members of the said Society to meet at such 
time and place as shall be appointed in said Warrant, to 
choose such Officers as Parishes in this Commonwealth are 
by Law entitled to choose in the Month of March or April 
annually. Apjjvoved February i, 1799. 

1798. — Chapter 38. 

[January Session, ch. 5.] 

AN ACT TO INCORPORATE SUNDRY INHABITANTS OF THE TOWN 
OF BLANFORD IN THE COUNTY OF HAMPSHIRE, AND OF THE 
TOWNS ADJOINING THERETO, INTO A RELIGIOUS SOCIETY 
BY THE NAME OF THE PROTESTANT EPISCOPAL SOCIETY IN 
BLANFORD. 

Sect. 1. Be it Unacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, That Sanford Thomson, Jedediah Persons incor- 
Smith, Russell Atwater, Timothy Hatch, Samuel Sloper, ^""^"^^ ' 
William Knox 3d. William Thomson, David Hamilton, 
Josiah Harvey, David Butler, John Webster, James Beard, 
James Sinnet, Luke Osburn, Jonathan Frary, Nathan 
Stewart, Frederick Falley, John Morton, James Slade, 
Thoda Garret, David Hannan, James Hamilton, William 
Montgomery, Charles Plum, Perry Button, George Smith, 
Francis Hamilton, Benjamin Herrington, Samuel Moor, 
George Nies, Thomas Moor, Ezekiel Cannon, Benjamin 
Bowers, John Bowers, Xewel Bowers, Oliver Knox, Abijah 
Babcock, Jacob Plum, Jonas Johnson, William Mitchel, 
David C. Osburn, Roger Parks, David Knox 2d. Mathew 
Blair, Seth Webster, William Wooldridge, Phinehas Ash- 
man, Timothy Linus Hatch, Nathan Gibbs, Samuel Sloper 
jun. and John Frost, be and hereby are incorporated into 
a Religious Society by the name of The Protestant Epis- corporate 
copal Society in Blanford, with all the powers & prive- °^'^^" 
leges which Parishes in this Commonwealth are by Law 
vested with. 

Sect. 2. Be it further Unacted, by the authority afore- 
said, that any person being an Inhabitant of the said town Mode of 
of Blanford, or of any Town adjoining thereto, may, at any "''°*' 



48 



Acts, 1798. — Chapter 38. 



Mode of 
separation. 



Fund to be 
raised. 



Trustees. 



time hereafter, become a Member of the said Society by 
giving in his or her name to the Clerk of the Parish 
to which he or she may at that time belong, together with 
a Certiticate signed by the Minister or Clerk of said So- 
ciety, that he or she hath actually united and joined with 
the said Society, fourteen days at least previous to the 
Parish meeting therein to be held in the Month of March 
or April annually ; And from & after thus giving in his 
or her name and such Certificate, such person Avith his or 
her polls and estate, shall to all intents and purposes, be 
considered as belonging to said Society. Provided never- 
theless, that such person shall be held to pay his or her 
proportion of all monies voted or assessed by the parish 
to which he or she did belong previous to that time. And 
any person being a Member of said Society, and having a 
desire to leave the same, and to join with the Parish in 
which he or she may reside or be an Inhabitant, may at any 
time hereafter become a Member of such parish by giving 
in his or her name to the Clerk of said Society together 
with a Certificate signed by the Minister or Clerk of such 
parish, fourteen days at least previous to the annual meet- 
ing of said Society in the month of March or April ; And 
from and after thus giving in his or her name and such 
Certificate, such person with his or her polls and Estate 
shall to all intents and purposes, be considered as belong- 
ing to such parish. Provided nevertheless that such per- 
son shall be held to pay his or her proportion of all monies 
voted or assessed by said Society previous to that time. 

Sect. 3. Be it further Enacted hy the Authority 
aforesaid, that the said Protestant Episcopal Society be 
and they hereby are empowered to raise and establish a 
Fund in such way and manner as they may see fit, the in- 
come or interest of which, or so much thereof as shall be 
found necessary, shall be appropriated & applied to the 
support of a Protestant Episcopal Minister of said Society. 

Sect. 4. Be it farther Enacted by the authority afore- 
said, that Sanford Thomson, Jedediah Smith, Timothy 
Hatch, Russell Atwater, and William Knox, 3d. be and 
they hereby are constituted Trustees of said Society, and 
they and their Successors in Ofiice are hereby vested with 
full power and authority to receive all such donations, 
subscriptions, monies and securities, and also all such 
Grants and Appropriations either of Real or Personal 
property for the use aforesaid as may hereafter be made 



Acts, 1798. — Chapter 39. 49 

to the said Society ; Provided that the whole amount of ^^i" limited, 
such donations, subscriptions, monies, securities, grants 
and appropriations, do not exceed the sum or value of 
Twelve Thousand Dollars. 

Sect. 5. Be it further Enacted by the Authority 
aforesaid, that the said Trustees for the time being shall, ^^'^°^^^l^\^ 
from time to time, at the said annual meeting of the said submitted. 
Society, and as much oftener as they shall be thereto re- 
quired by a major vote of said Society at any Meeting 
legally warned and held for that purpose, lay before the 
said Society a fair statement in writing of the Debts, 
Credits, Money and other property of the said Society in 
the hands of the said Trustees, together with all the dis- 
bursements and expences which may have been incurred. 

Sect. 6. And be it further Eiiacted by the Authority 
aforesaid, that Samuel Fowler Esqr. be and he is hereby First meeting, 
authorized and empowered to issue his Warrant, directed 
to some principal Member of said Society, requiring him 
to warn the Members of the said Society, qualified to vote 
in parish affairs, to assemble at some suitable time and 
place in said Town of Blanford, to chuse such Officers as 
Parishes are by law required to choose in the Month of 
March or April annually, and to transact such other busi- 
ness as may be proper and necessary in said Society. 

Approved February 2, 1799. 



1798. — Chapter 39. 

[January Session, cli. 8.] 

AN ACT REPEALING THE FOURTH ENACTING CLAUSE OF AN ACT 
PASSED JUNE ONE THOUSAND SEVEN HUNDRED AND NINETY 
SIX ENTITLED "AN ACT FOR INCORPORATING CERTAIN PER- 
SONS FOR THE PURPOSE OF BUILDING A BRIDGE OVER ACUISH- 
NET RIVER IN THE TOWN OF NEW-BEDFORD." 

JBe 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, providing Free Toil on the 
" that no Toll shall be required of those who have occa- to°conUnue^' ''° 
sion to pass said Bridge on the Lord's day, in order to ^°°^^''- 
attend Public Worship, nor of Children crossing said 
Bridge on either side of the River in said Town, in going 
to and from School," be and the same is hereby repealed. 

Approved February 4, 1799. 



60 



Acts, 1798. — Chapters 40, 41. 



New Toll. 



Duration of 
this Act. 



1798. — Chapter 40. 

[January Session, ch. 6.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT FOR INCOR- 
PORATING CERTAIN PERSONS FOR THE PURPOSE OF BUILDING 
A BRIDGE OVER KENNEBECK RIVER AT FORT WESTERN IN 
THE TOWN OF HALLOWELL." 

Whereas the Proprietors of the Kenneheck Bridge have 
represented to the General Court that the compensation 
they derive from the present Toll is inadequate, and 
prayed for an enlargement of the Toll over said Bridge; 

Be it Enacted hy the Senate and House of Bejjresenta- 
tives in General Court assembled and hy the Authority of 
the same. That the Clause in the Act to which this is in 
addition, establishing the rates of Toll for passing said 
Bridge, be and the same hereby is repealed, and that the 
following rates of Toll be and hereby are granted to, and 
established for the benefit of the said Proprietors ; That 
is to say, for each Foot passenger two cents ; for each 
horse with one rider, ten cents ; for each single horse- 
cart. Sled or Sleigh twelve cents & an half; for each 
Wheel barrow, hand-Cart and every other Vehicle capable 
of carr3dng a like weight four cents ; for each Team in- 
cluding Cart, Sled or Sleigh, drawn by more than one 
beast and not exceeding four twenty five cents ; and for 
every additional beast above four, four cents each ; for 
each single horse and Chaise, Chair or Sulkey twenty 
cents ; for each Coach, Chariot, Pha?ton, or Curricle, 
thirty five cents ; neat Cattle exclusive of those rode on 
or in Carriages or in Teams four cents for each ; Sheep & 
Swine one cent for each. This Act to be in force for the 
term of Twenty five years from the passing thereof and no 
longer. Apjyroved February 5, 1799. 



Towns ex- 
empted from 
the Law. 



1798.— Chapter 41. 

[January Session, ch. 7.] 

AN ACT EXEMPTING MILE STREAM IN THE TOWNS OF VASSAL- 
BORO', WINSLOW AND HARLEM FROM THE OPERATION OF ALL 
LAWS REGULATING THE SALMON SHAD AND ALE WIVE FISH- 
ERIES IN SAID TOWNS. 

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 which regulate 
the Fishery of Salmon, Shad and Alewives in Mile Stream 



Acts, 1798. — Chaptees 42, 43. 51 

(so called) within the Towns of Vassalborough, Winslow 
and Harlem in the County of Lincoln, or that respect any 
Mill-dam across said Stream, be so far repealed, that from 
and after the passing this Act, they shall cease to operate 
or have any effect within the Towns aforesaid, so far as 
respects said Mile Stream or any part thereof. 

Approved February 5, 1799. 

1798. — Chapter 43. 

[January Session, ch. 9.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT DIRECT- 
ING THAT PEWS & RIGHTS IN HOUSES OF PUBLIC WORSHIP 
SHALL BE CONSIDERED AS REAL ESTATE, AND FOR REGIS- 
TERING THE SAME." 

£e it Enacted hy the Senate and House of JRepi'esenia- 
lives in General Court asse^nbled & by the authority of 
the same that all Pews and rights in Houses of Public Pews in Boston 
Worship in the Town of Boston shall be considered and ^tateF^"°°** 
deemed in Law to be personal Estate any thing in the Act 
to which this is in addition notwithstanding. 

Approved February 5, 1799. 

1798. — Chapter 43. 

[January Session, ch. 10.] 

AN ACT IN ADDITION TO AN ACT MADE AND PASSED IN THE 
YEAR OF OUR LORD ONE THOUSAND SEVEN HUNDRED AND 
NINETY ONE ENTITLED, "AN ACT DIRECTING THE MANNER 
IN WHICH INQUESTS OF OFFICE SHALL BE TAKEN, TO REVEST 
REAL ESTATE, IN THE COMMONWEALTH OR TO ENTITLE THE 
COiMMONWEALTH THERETO." 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court Assembled and by the 
Authority of the same when it shall be found by the Attor- Attorney 
ney General for the time being that there are any Lands 
tenements or hereditaments which for want of legal heirs 
have accrued to the Commonwealth that it shall be the 
duty of the Attorney General to prosecute a suit by in- 
quest of Office in the Supreme Judicial Court in the County 
wherein such Estate is situated in order to cause the Com- 
monwealth to become seized thereof, and that on such Defendants not 

n . • 1 . 1 -J. 1 1 to have benefit 

process and trial the person agamst whom such process of alien's title — 
and suit shall be so brouo;ht shall not be allowed to o-ive "°'®*^— 
m evidence or to avail himself of the title or right of any 



General to 
prosecute. 



52 



Acts, 1798. — Chapter 43. 



improvements. 



Bill in equity 
to be filed. 



alien or Subject of another nation or sovereign unless he 
can shew that he is. tenant to, agent, servant, or bailiff 
of such alien. 
H«j-^«^recovering Sect. 2d. And be it further Enacted, if after the 
Commonwealth, Commonwcalth shall become so seized of such Estate as 
pay or a having Rccrucd thereto for want of legal heirs, any person 
shall appear and make out his right to the same and shall 
in due process of law recover the same against the Com- 
monwealth its Grantee assignee or tenant, that the same 
Estate shall nevertheless be liable to all expences of im- 
provement thereon made over and above the rents & prdfits 
thereof. And the Attorney General, or the Tenant Grantee 
or Assignee of the Commonwealth shall be empowered to 
file a bill in equity in the Supreme Judicial Court of the 
County where the Land is for the recovery of the same 
and a Summons shall be issued with a Copy of such Bill 
thereunto annexed and served on the Owner of such land, 
or on his tenant fourteen days before the Setting of the 
Court to which it may be returnable. And that the Supreme 
Judicial Court shall proceed to try the same, by a Jury or 
otherwise According to the principles of the laws and Con- 
stitution of the Commonwealth, and shall issue an Execu- 
tion against such Estate for the Payment of such sum as 
shall be adjudged on such process and the Sheriff or other 
Officer to whom the same shall be directed shall at Public 
Auction Sell so much of the same lands as shall be suffi- 
cient to pay the same, with all charges, unless the same 
shall be otherwise discharged. 

Sect. 3d. And it is further Enacted that if it shall 
appear to the Court that the Person against whom such 
Estate shall be demanded had at the time of the Service 
of the process upon him a Good and Valid title in him- 
self to the Premises demanded or that he then was in 
the possession of the same as the Tenant, Agent, servant 
or bailiff of any alien who had a right thereto or to any 
part thereof then the Court shall award the defendent his 
full cost which shall be paid out of the public Treasury 
According to the Constitution of the Government ; but if 
such Party had not a title in himself when the process was 
served upon him, nor was the tenant agent Servant or 
bailiff of such Alien at that time but shall have afterwards 
Acquired a title, been made a Tenant or become the 
Agent Servant or ba[t]lif[y] of any alien in whom such 
Estate is, then judgment shall be awarded against him for 



Costs to be 
adjudged under 
certain circum- 
stances. 



' Acts, 1798. — Chapter 44. 53 

theTull cost and the Attorney General shall cease to prose- 
cute further on the process. Approved February 6, 1799. 

1798. — Chapter 44. 

[January SeBsion, ch. 11.] 

AN ACT TO INCORPORATE JOHN D, DENNIS & OTHERS INTO A 
SOCIETY BY THE NAME OF THE MARBLEHEAD MARINE SO- 
CIETY. 

Whereas John D. Dennis (& others have petitioned to preamble. 
he incorporated into a Society for the laudable purposes of 
promoting the knowledge of Navigation <& /Seamanship, — 
of giving relief to decayed & disabled Seamen <& to the 
indigent Widows and Orphans of deceased Seamen & of 
others who may be Members of said Society. 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives in General Court Assembled, & by the 
Aidhority of the same. That John D. Dennis, John Prince, incorporating 
Thomas Haskell & Nicholson Broughton together with all '''^"*®" 
others who now are, or hereafter may be associated with 
them be, & they hereby are constituted a body Politic & 
Corporate forever by the name of The Marblehead Marine 
Society — & by that name may Sue & be sued, plead & be 
impleaded, answer & be answered unto, defend & be de- 
fended in all Courts & Places whatsoever, in all Actions, 
real, personal & mixed, & may do all & singular other 
matters & things that to it shall or may appertain to do : 
And the said Corporation shall have full power & author- 
ity to make, have & use a common seal, & the same to 
break, alter & renew at pleasure. 

Sect. 2d. Be it further enacted, that the said Corpora- May hold 
tion be, & hereby is, made capable in Law of having, p^'^p^''^^- 
purchasing, & holding in Fee Simple, or any less Estate, 
by gift, grant, devise, or otherwise, any Lands or Tene- 
ments, or other Estate real or personal ; Provided, that 
the annual income of the same shall not exceed the sum 
of Six thousand Dollars ; — And also to Sell, Alien, or dis- 
pose of the same. 

Sect. 3d. And be it further JSnacted, that said Cor- May appoint 
poration may elect such Officers, & may make, establish make"eguia- 
& put in execution, such Laws & Eegulations as the Mem- "°°'' 
bers thereof may judge necessary for its government ; — 
Provided that the same shall be in no respect repugnant 
to the Laws & Constitution of this Commonwealth. 

February 11, 1799.* 

* Date of approval not given. 



54 



Acts, 1798. — Chapters 45, 46. 



1798. — Chapter 45. 

[January Session, ch. 12.] 

AN ACT FOR CHANGING THE NAME OF ISAAC VOSE TO THAT OF 
ISAAC L). VOSE. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court Assembled, and by Authority 
of the same, That from and after the passing of this Act, 
the said Isaac Vose, Son of Joseph Vose, of Milton, Esqr. 
shall be allowed to take the name of Isaac D. Vose, and 
by that name, instead of his present Christian and sur- 
names, shall be known and called ; and that the same 
shall to all legal intents and purposes be hereafter con- 
sidered as the only and proper name, of the said Vose and 
shall avail him accordingly. 

Approved February 12, 1799. 



New Title. 



Increase of 
capital made 
necessary. 



Whole capital 
to be paid in 
three years. 



1798.— Chapter 46. 

[January Session, ch. 15.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT TO IN- 
CORPORATE SUNDRY PERSONS BY THE NAME OF THE MASSA- 
CHUSETTS FIRE INSURANCE COMPANY." 

Section 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
Authority of the same. That said Company from and 
after the passing of this Act, shall be known by the name 
of the Massachusetts Fire and Marine Insurance Com- 
pany, and shall have full power and are hereby authorized 
in addition to their former powers, to make Insurance on 
all Vessels, Goods, Wares and Merchandize at Sea and 
Water borne, against all such risques, perils and dangers 
as are lawful and accustomed. 

Section 2. Be it further Enacted, That said Company 
shall not issue or subscribe any Policy against any of the 
hazards aforesaid, until their present Capital Stock shall 
be augmented by adding thereto the sum of Three Hun- 
dred Thousand Dollars, to be divided into Three Thousand 
shares of One hundred Dollars each, and until the sum of 
One hundred & eighty thousand Dollars of said additional 
sum be actually paid into the Office of said Corporation. 

Section 3. Be it further Enacted, That the remainder 
of said sura together with the remainder of the first Cap- 



Acts, 1798. — Chapter 46. 55 

ital of said Company now unpaid, shall be paid into the 
OflBce of said Corporation, within three years from the 
passing of this Act, in proportions of One hundred 
Thousand Dollars annually, at such times of the Year, 
and in such sums as said Corporation may agree upon, 
any thing in the Act to which this is in addition to the 
contrary notwithstanding : And in case of Loss to the Assessments 
amount of the Capital actually paid in, by reason of any unpaid^s^ock 
Insurance in said Office, the said Corporation shall there- ™r^quuue?® 
upon forthwith make such assessment or assessments and 
collect the same, not exceeding the amount of the Stock 
then due and unpaid, as may be necessary to discharge 
such Loss : And every Stockholder who shall be delin- 
quent in the payment of said assessments and all others 
made for the regular paying in of said Capital Stock, shall 
be subject to the same suits, penalties and forfeitures as 
in & by the said Act is provided. 

Section 4. And be it further Enacted That the sum soo.ooo dollars 
of Three hundred thousand Dollars of the Stock afore- KreiEsJfra^nce^ 
said shall be solely appropriated for the payment of all exclusively. 
losses incurred by said Company by reason of any Insur- 
ance against Fire, until all the Policies now actually sub- 
scribed by said Company, have expired or shall be other- 
wise legally discharged. And if any part of said sum 
shall be appropriated or applied to the payment of any 
Loss incurred by reason of any Insurance against the 
perils upon the Seas to the injury of the present Assured 
in said Office, the Directors of said Company making such 
appropriation, shall be held answerable in their private 
Capacity to the amount thereof, to the Party injured ; ex- 
cepting therefrom such Director who shall enter his pro- 
test in writing upon the Records of the said Company 
against such Appropriation at the time of making the 
same. 

Section 5. And be it further Enacted That said Cor- state of funds 

i,i'. • ■»«•• T-iT L &c. to be pub- 

poration previous to their issuing any Marine Policy of luhed. 
Insurance, shall publish in two of the Boston Newspapers, 
the amount of their actual Funds, the periods when the 
remainder will be paid, the greatest amount to be taken 
upon any one Vessel or house, and the risques they pro- 
pose to insure against ; And they shall keep a fair printed 
Copy thereof in some conspicuous place in their Office, 
and publish the same annually. And the Real Estate Allowed to hold 
which said Corporation are authorized and empowered to '^®^' ®*'**®- 



56 



Acts, 1798. — Chapter . 46. 



Limitation of 
this Act. 



Private estates 
of President and 
Directors liable 
in certain case. 



Affairs of the 
corporation to 
be submitted to 
General Court. 



Contracts 
confirmed. 



Previous 

provisions 

recognized. 



hold and purchase for transacting the business of said 
Company, may be to the vahie of Twenty Thousand Dol- 
lars and no more. 

Section 6. And be it further Unacted That this Act 
and the Act to which it is in addition and the powers and 
privileges granted by the said Acts respectively, shall be 
& remain in full force for the space of Twenty years from 
the twenty fifth day of June One thousand seven hundred 
& ninety five, any thing in either of the Acts aforesaid to 
the contrary notwithstanding. 

Section 7. And be it further Enacted that in case of 
any loss or losses taking place that shall be equal to the 
amount of the Capital Stock of said Corporation, and the 
President or Directors, after knowing of such loss or 
losses taking place, shall subscribe to any Policy of Insur- 
ance, their estates jointly and severally shall be account- 
able for the amount of any and every loss that shall take 
place under Policies thus subscribed. 

Section 8. And be it further Enacted That the Pres- 
ident and Directors of said Corporation shall when and as 
often as required by the Legislature of this Commonwealth, 
lay before them such a statement of their afiairs, as the 
said Legislature may deem it expedient to require, and 
submit to an examination thereon under oath. 

Section 9. Be it further Enacted, That all Contracts 
heretofore entered into by said Fire Insurance Company 
shall apply to the said Marine & Fire Insurance Com- 
pany as fully to all Intents and purposes as they would 
have done to said Fire Insurance Company, if this Act 
had never been passed. 

Section 10. And be it farther Enacted, That all the 
provisions and regulations contained and expressed in the 
Act to which this is in addition, so far as the same renders 
the Stock of the Fire Insurance Company liable to Attach- 
ment for the satisfaction of debts and for preventing Divi- 
dends in case the said Stock shall be diminished by losses, 
shall have the same force and effect touching the Stock 
created by this Act, as if the same provisions and regula 
tions were repeated and re-enacted in and by this presen- 
Act. Approved Febrxiary 13, 1799. 



Acts, 1798. — Chapter 47. 57 



1798. — Chapter 47. 

[January SessioD, ch. 17.] 

AN ACT TO EMPOWER THE INHABITANTS OF THE TOWN OF 
BOSTON TO CHOOSE A BOARD OF HEALTH, & FOR REMOVING & 
PREVENTING NUISANCES IN SAID TOWN. 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives, in General Court Assembled, & by the 
autJiority of the same. That the Freeholders and other In- Members for 

Wards to b© 

habitants of the Town of Boston, qualified to vote for chosen annu- 

Town Officers, shall, on the first Wednesday in the month ''"^" 

of April, annually, meet in their respective wards, at such 

times, & in such places as may be appointed, to chuse one 

able & discreet person, who shall be an Inhabitant of the 

Ward for which he shall be chosen, & a Freeholder, to be 

a member of a Board of Health, which shall consist of a 

member from each ward, to be chosen by ballot, and not 

otherwise; which Board, when so chosen, shall elect a 

President & Secretary, & shall, seven days, at least, before President and 

the said first Wednesday in April, annually, publish a be"iected.° 

notification in two of the newspapers printed in the Town 

of Boston, mentioning the time and place within each 

Ward respectively, when and where the several Wards 

shall assemble for the purposes aforesaid. And the Mem- Members to 

bers of the Board of Health, for the year preceding, shall mletinyfor 

preside, each in his Ward respectively, at said meeting, me°mberL°^^ 

untill a Clerk shall be chosen by the Ward, and no longer ; 

which choice shall be by ballot. The Clerk shall then call ^'^?|^«i°^® 

, *' . , certified to 

for the votes, receive and count the same hi open meeting, the President 
& certify to the President of the existing Board of Health, Board.^^ * *°^ 
within twenty four hours after said meeting, the name of 
the person that shall be chosen by a majority of the Votes 
present ; and on failure thereof shall forfeit the Sum of 
Ten dollars. And in case of the death, neglect, or refusal 
of the Member of the Board of Health to preside at said 
meeting, the Ward may appoint a Committee to receive 
the votes for a Clerk. And upon a return of the Mem- New Board to 
bers chosen, the President of the Board shall notify them ^^ a*^^"'^!^^- 
to meet at a certain time & place, to be by him pointed 
out, within seven days after said first Wednesday in 
April, at which time the Board of Health, for the year 
ensuing, shall be formed. And on the death or resigna- 
tion of the President or Secretary, the Board may, at any 



58 



Acts, 1798. — Chapter 47. 



Members 
to examine 
Nuisances. 



May enter 
houses, &c. 
by force. 



time, fill such vacancy. And on the death or resignation 
of any Member of the Board the Ward for which he was 
a Member, may, at any time, fill such vacancy, upon a 
notification from the Board of Health, in manner before 
provided for the choice of its Members. 

Sect. 2d. And be it further Enacted hy the authority 
aforesaid, That it shall be the duty of the Board of Health, 
and each of them to examine into all nuisances, & other 
causes injurious to the Health of the Inhabitants, whether 
the same shall be caused by Stagnant Waters, Drains, 
Common Sewers, Slaughter Houses, Tan Yards, Fish, 
Fish Houses, Docks, Necessaries, Putrid Animal or Veg- 
etable Substances, or any other cause, of whatever kind, 
which in his or their opinion may be injurious to the 
Health of the Inhabitants, as aforesaid ; and they, or any 
two of them, shall have power with the assistance of any 
Justice of the Peace and the Sheriff of said County, or 
either of his Deputies, forcibly to enter and to search all 
Houses, Stores, Cellars, Ships, & Vessells, between Sun 
rise &, Sun Set, where they may have reason to suspect 
any of the causes aforesaid to exist. Provided however, 
That no Sherifl\ or Deputy Sheriff, shall execute any 
civil process, either by arresting the body or attaching 
the Goods & Chattels of any person or persons, under 
colour of any entry made for the purposes aforesaid, un- 
less such service could by law have been made without 
such entry ; & all services so made, under colour of such 
entry shall be utterly void ; & the Officer, making such 
Service, shall be considered as a tresspasser to all intents, 
ah initio. And any person or persons who shall resist 
such search shall forfiet & pay the Sum of Twenty dollars, 
to be recovered in manner hereinafter provided ; and it 
shall be the duty of the Board of Health, upon the discov- 
ery of any such nuisance or other cause injurious to the 
health of the Inhabitants of said Town, forthwith to re- 
move the same ; and upon complaint to any Justice of the 
Peace within the said town, made upon Oath by one or 
more of the said Board of Health, such Justice shall grant 
a warrant therein expressing the Substance of the said 
Complaint, directed to the Sheriff of the County of Suf- 
folk, his Deputy, or any Constable of the Town of Boston, 
commanding him to notify, and require the person or 
persons in whose possession, or upon whose property such 
nuisance or other cause aforesaid existed, or in case of 



Acts, 1798.— Chapter 47. 59 

his absence, his Clerk, Ao:ent, or Attorney, to appear 
forthwith before such Justice ; and if such person shall 
neglect then & there to appear, or appearing, shall not 
shew good cause, to the Satisfaction of said Justice, why 
Judgement should not pass against him or them, the said 
Justice, shall, then and there, adjudge that such person or 
persons, notified and found guilty, as aforesaid, shall pay 
a fine of thirteen Dollars, and shall, thereupon, issue his 
warrant, directed to the Sheriff of the County of Suffolk 
or his Deputy, thereby commanding him to levy the ex- Nuisances to be 

, '^ " •/ .-^ . "^ .. removed at the 

pence oi said removal on the said occupier or proprietor expense of the 
of the House, Land, Cellar, Docks, Store, or Vessell, ''^-'^ding party. 
in which said nuisance existed, together with the fine 
aforesaid ; and said fine shall be paid over to the Town 
Treasurer for the use of the said Town. Provided allways, proviso. 
That any person or persons aggrieved, at any Judgement 
of a Justice, passed against him or them, as aforesaid, 
shall have a right to appeal therefrom to the Court of 
Common Pleas, then next to be holden within and for the 
County of Suffolk, who shall hear and determine on such 
complaint, with or without the intervention of a Jury, 
as the case may require, and thereupon render such Judge- 
ment as the Justice is herein before authorized to do in 
an original complaint to him, with additional costs ; and 
the Judgment of said Court thereon shall be final. Pro- 
vided Nevertheless, That no such appeal shall be granted 
unless the respondent shall claim the same on the day on 
which the Justice's Judgement shall be rendered, and shall 
enter into recognisance, with two sufficient surities, to 
prosecute said appeal with effect. And said Board shall mayappofnt 
have authority to appoint Scavengers, & such other ^raw o^Tthe^"^ 
Officers to assist them in the execution of their Office, as ^°'^^,'^g^"^"''*'' 
they shall judge necessary ; for payment of whom, & all 
necessary expences, which may arise in the exercise of 
their Office, said Board shall be authorized to draw upon 
the Town Treasurer ; and the accounts of said Board shall 
be examined by the committee of accounts annually chosen 
by the Tow^i for that purpose, who shall report a State 
of them to the Town accordingly, and the same shall be 
paid by the Treasurer of the said Town. 

Sect. 3d. And he it further Enacted by the authority 
aforesaid. That any person who shall offer for Sale in the Penalty for 
town of Boston, or shall have in possession, any tainted putrid meat 
or putrid salted meat, or pickled fish, which shall be so ""^ * ' 



60 



Acts, 1798. — Chapter 47. 



Packers to be 
sworn. 



Penalty for 
repacking bad 
provisions. 



No untanned 
hides to be 
permitted in 
town during 
certain months. 



Penalty for 
throwing filth 
into the docks. 



deemed by any two of the Board of Health, upon convic- 
tion thereof, in manner aforesaid, shall forfeit the sum of 
Two Dollars for each barrel 1 so ofiered for Sale, or that 
he shall have in possession. And it shall be the duty of 
every licenced packer of provisions and pickled Fish, to 
give information to the Board of Health, or some one of 
them, of any such meat or fish, that shall come to his 
knowledge, and shall moreover be sworn before the Presi- 
dent of the Board of Health, or some one of the said 
Board, to give such information, before he shall execute 
that trust, after the passing of this Act ; and said Presi- 
dent and members are hereby severally authorised to ad- 
minister said oath. And if any packer of Provisions shall 
repack any meat or fish, that shall be unwholesome, or 
not fit for use, and be thereof convicted before any Court 
competent to try the same, he shall forfiet Two dollars for 
each barrell so repacked, and shall forever be disqualified 
from serving again in that capacity ; and no provisions 
shall be repacked in the said Town of Boston between the 
first day of June and the first day of October, in any year, 
unless upon some Island, where permission therefor shall 
be obtained in writing from the Board of Health ; and 
any person or persons, who shall repack any provisions 
within the times aforesaid in the said Town of Boston, 
shall forfiet the sum of two dollars for each barrell so 
repacked. 

Sect. 4th. And be it further enacted, That no un- 
tanned hides shall be stored or kept in the Town of Boston 
between the first day of May & first day of December, and 
that all such hides found in said Town, within the times 
mentioned, shall be forfieted, unless removed without the 
limits of said Town by the owner thereof, within twenty- 
four hours after notice given him by the said Board of 
Health or any two of them : That any person who shall 
throw into any of the docks in the Town any putrid meat, 
fish, or any other putrid or ofiensive substance, or any 
thing contrary to the Order or regulations of the Board 
of Health, shall forfiet and pay for each ofience a sum not 
less than one dollar nor more than twenty dollars, at the 
discretion of the Court which may have cognizance of such 
offence : That all Masters of Vessells, who shall throw into 
any of the Docks of said town, without permission from 
the Board of Health, any filth or sweepings of the Vessell's 
hold, shall forfiet a Sum not less than five dollars, nor 



Acts, 1798. — Chapter 48. 61 

more than Fifty dollars for each offence. And all penal- ^fPfPneJ!"*"°° 
ties & forfietures, arising from this Act, except in those 
cases in which it is herein otherwise provided, shall accrue 
to the use of the said Town, and shall be prosecuted & re- 
covered by action of debt in the name of the President of 
said Board of Health, or by information in any Court com- 
petent to try the same. And it shall be the duty of the 
Board of Health to oversee & enforce the due execution 
of the foregoing Law and prosecute all offenders, & for 
all penalties & forfietures which may accrue under the 
same. 

Sect. 5th. And whereas it may be necessary that the 
Board of Health should be sooner formed than the month 
of April : Be it further Enacted, That in the present year First Board to 

1. •/ y^Q CI10B6D in 

only the meetings of the several Wards shall be on the March, 
first w^ednesday in the month of March, and the returns 
shall be made, and the Board formed in seven days from 
that time. And Thomas Dawes & William Smith, 
Esquires, or either of them, are hereby empowered to au- 
thorise some person in each Ward to call a meeting of 
such Wards, for the purposes before mentioned, & to 
direct that the returns shall be made to themselves, who 
are directed to call a meeting of the Board, as in manner 
before provided, and to preside at said Board untill a Pres- 
ident or Secretary shall be chosen, and no longer. 

Sect. 6th. And be it further Enacted, That the f ^'"■pf/ 

——^ '' , description 

Wards mentioned in this Act shall be the same pointed of wards 
out in a certain Act passed in the eighth & ninth year[5] "''''^'"^® 
of the reign of George the Second, entitled " an Act for 
employing and providing for the Poor of the Town of 
Boston." Approved February 13, 1799. 

1798.— Chapter 48. 

[January Session, ch. 13.] 

AN ACT IN ADDITION TO THE ACTS ESTABLISHING THE FIRST 
MASSACHUSETTS TURNPIKE CORPORATION. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court Assembled, and by the 
authority of the same, that the said Corporation be & is An annual sum 
hereby empowered to commute the rate of toll, with any be'^accept^df 
person or with the inhabitants of any town, through which 
their Turnpike road is made by taking of him or them, 
any certain sum, annually, or for a less time, to be mut- 



62 



May grant 
monies. 



Acts, 1798. — Chapters 49, 50. 

ually agreed on, in lieu of the Toll established in and by 
said Acts. 

Sect. 2d. And be itfarllier Enacted that said Corpo- 
ration is hereby impowered to grant monies to such per- 
sons as rendered services to the Proprietors, in exploring 
the rout[e] of the Turnpike road or otherwise, previously 
to the Act of Incorporation. 

Approved February 13, 1799. 



1798. — Chapter 49. 

[January Session, ch. 14.] 

AN ACT TO SET OFF THAT PART OF THE ESTATE OF SIMEON CUT- 
LER WHICH LIES IN MEDWAY IN THE COUNTY OF NORFOLK & 
TO ANNEX THE SAME TO THE TOWN OF HOLLISTON IN THE 
COUNTY OF MIDDLESEX FOR THE PURPOSE THEREIN EX- 
PRESSED. 

£e it enacted hy the Senate & House of Representatives 
in General Court Assembled & by the Authority of the 
same. That that part of the Land now owned by the said 
Simeon Cutler which lies in the said Town of Medway, be 
& hereby is set off from the said Town of Medway & an- 
nexed to the said Town of Holliston for the purpose of 
being subjected to Taxation in all future Taxes in Parish 
or Ministerial charges to the said Town of Holliston. 

Approved February 13, 1799. 



Title. 



Limitation. 



1798. — Chapter 50. 

[January Session, ch. 16.] 

AN ACT TO INCORPORATE STEPHEN HIGGINSON AND OTHERS 
INTO A COMPANY BY THE NAME OF THE BOSTON MARINE IN- 
SURANCE COMPANY. 

Sect. I. Be it Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
Authority of the same. That the said Stephen Higginson 
and others, and all such persons as have already, or here- 
after shall become Stockholders in said Companj^ being 
Citizens of the United States, be, and hereby are incorpo- 
rated into a Company and body politic by the name of 
The Boston Marine Insurance Company, for and during 
the term of Twenty Years after the passing of this Act, 
and by that name may sue or be sued, plead or be im- 
pleaded, appear, prosecute, and defend to final Judgment 
and Execution, and have a Common Seal which they may 



Acts, 1798. — Chapter 50. 63 

alter at pleasure ; and may purchase, hold and convey any 
Estate real or personal for the use of said Company, sub- 
ject to the restrictions herein after mentioned. 

Sect. II. And Be it further Enacted by the Authority 
aforesaid, That a Share in the Capital Stock of the said Shares. 
Company shall be One hundred Dollars, and the number 
of Shares shall not be less than Five Thousand nor more 
than Eight Thousand two hundred. And if the said num- Capital stock, 
ber of Shares are not already filled, Subscriptions shall be 
kept open, under the inspection of the President and 
Directors of the said Company, until the same shall be 
filled, and the whole Capital Stock, Estate or Property, 
which the said Company shall be authorized to hold, shall 
never exceed Eight hundred and twenty thousand Dollars, 
exclusive of premium Notes or profits arising from said 
business ; of which Capital Stock or Property Twenty 
thousand Dollars only shall be invested in Keal Estate. 

Sect. III. And he it further Enacted, That the Stock, ^1'^^^^^^° 
Property, Aflairs and Concerns of the said Company shall chosen. 
be managed and conducted by Twelve Directors, one of 
whom shall be the President thereof, W'ho shall hold their 
otEces for one year, and until others shall be chosen, and 
no longer ; which Directors shall at the time of their 
election, be Stockholders and Citizens of this Common- 
wealth, and shall be elected on the first Monday in Jan- 
uary in each and every Year, at such times of the day and 
at such place in the town of Boston, as a majority of the 
Directors for the time being shall appoint ; of which elec- 
tion, public notice shall be given in at least two of the 
Newspapers printed in the town of Boston, and continued 
for the space of ten days immediately preceeding such elec- 
tion. And such election shall be holden under the in- Modeofeiec- 
spection of Three Stockholders, not being Directors, to ''°°" 
be appointed previous to every election by the Directors, 
and shall be made by ballot by a majority of votes of the 
Stockholders present, allowing one vote to each share in 
the Capital Stock ; Provided that no Stockholder shall be 
alloM^ed more than fifty votes. And the Stockholders not 
present, may vote by proxy, under such regulations as the 
said Company shall prescribe. And, in case of any un- 
avoidable accident the said Directors should not be chosen 
on the first Monday of January as aforesaid, it shall be 
lawful to choose them on another day in manner herein 
prescribed. 



64 



Acts, 1798. — Chapter 50. 



President to be 
chosen. 



Quorum of 
Directors. 



To make regu- 
lations, &c. 



Directors to 
meet monttily, 
or oftener. 



President to 
attend daily. 



Property, &c. 
to be insured. 



Sect. IV. And be it further Enacted, That the Direc- 
tors so chosen shall meet as soon as may be, after every 
election, and shall choose out of their body one person to 
be President, who shall preside for one year, and be 
sworn faithfully to discharge the duties of his office, and 
in case of the death, resignation or inability to serve, of 
the President or any Director, such vacancy or vacancies 
shall be filled for the remainder of the Year in which they 
may happen, by a special election for that purpose to be 
held in the same manner as is herein before directed, re- 
specting annual elections for Directors and President. 

Sect. V. And be it further Enacted, That the Presi- 
dent and six of the Directors, or seven of the Directors in 
the absence of the President, shall be a board competent 
for the transaction of business, and all questions before 
them shall be decided by a majority of votes ; and they 
shall have power to make and prescribe such bye-laws, 
rules and regulations as to them shall appear needful and 
proper, touching the management and disposition of the 
Stock, Property, Estate & Effects of said Company, and 
the transfer of the shares, and touching the duties and con- 
duct of the several Officers, Clerks and Servants employed, 
and the election of Directors and all such matters as ap- 
pertain to the business of Insurance, and shall also have 
power to appoint a Secretary, and so many Clerks and 
Servants for carrying on the said business, and with such 
salaries and allowances to them & to the President, as to 
the said Board shall seem meet. Provided that such bye 
Laws, rules & regulations shall not be repugnant to the 
Constitution or Laws of this Commonwealth. 

Sect. VI. And be it further Enacted, That there shall 
be stated Meetings of the Directors, at least once in every 
month, and as often within each month as the President 
and Board of Directors shall deem proper ; and the Presi- 
dent and a Committee of three of the Directors to be by 
him appointed in rotation, shall assemble daily if need be 
for the dispatch of business ; and the said, Board of Direc- 
tors and the Committee aforesaid, at and during the pleas- 
ure of the said Board, shall have power and authority, on 
behalf of the Company, to make Insurances upon Vessels, 
freight and goods, and against captivity of persons, and 
on the life of any person during his absence by Sea, and 
in cases of money lent upon bottomry and respondentia, 
and to fix the premiums and terms of payment ; and all 



Acts, 1798. — Chapter 50. 65 

Policies of Insurance by them made, shall be subscribed PoHdeB tobe 

•^ , . . BigDed by the 

by the President, or in case of his death, sickness, ina- President, or 
bility or absence, by any two of the Directors, and coun- in certahrc°a8e. 
tersigned by the Secretary, and shall be binding and 
obligatory upon the said Company, and have the like 
effect and force as if under the seal of said Company ; and 
the assured may thereupon maintain an Action upon the 
case against the said Company ; and all losses duly arising 
under anj^ Policy so subscribed, may be adjusted and 
settled by the President and Board of Directors, and the 
same shall be binding on the Company. 

Sect. YII. And be it further Enacted, That it shall pividendsto 

•^ ' be anuually 

be the duty of the Directors, on the second Monday of made. 
June and December, in every year, to make dividends of 
so much of the Interest arising from their Capital Stock, 
and the profits of the said Company, as to them shall ap- 
pear adviseable ; but the monies received and notes taken Certain prop, 
for premiums on Risques which shall be undetermined and reckoned as* 
ou[<Jstanding at the time of making such Dividends, shall p''*'*^*^- 
not be considered as part of the profits of the Company ; 
and in case of any loss or losses, whereby the Capital capital to be 
Stock of the Company shall be lessened, each Proprietor *^ ^°° ' 
or Stockholder's estate shall be held accountable for the 
deficiency that may be due on his share or shares at the 
time of said loss or losses taking place, to be paid into 
the said Company by assessments, or such other mode, 
and at such time or times, as the Directors shall order ; 
and no subsequent dividend shall be made, until a sum 
equal to such diminution shall have been added to the 
Capital ; and that once in every three years and oftener. Triennial etate- 
if required, by a mnjority of the Votes of the Stockholders, '"^°' **'"'®'='®*^- 
the Directors shall lay before the Stockholders at a Gen- 
eral Meeting, an exact and particular statement of the 
profits, if any there be, after deducting losses, and divi- 
dends. 

Sect. VIII. And be it further Enacted, That the said ^riKom**' 
Company shall not directly nor indirectly deal or trade in speculating, 
buying or selling any Goods, Wares, Merchandize or 
Commodities whatsoever ; and the Capital Stock of said {^vestt 



to be 



ted in 



Company, after being collected at each installment, shall, public stock, 
within one hundred and twenty days, be invested, either 
in the funded Debt of the United States, or of this Com- 
monwealth, or in the Stock of the United States Bank, or 
of any Incorporated Bank in this Commonwealth, at the 



66 



Acts, 1798. — Chapter 50. 



Payment for 
shares. 



Delinquents 
cannot transfer 
shares. 



Members of 
other Marine 
Companies 
excluded from 
being Directors. 



Shares may be 
taken for debt. 



Form of proc- 
ess. 



discretion of the President and Directors of said Com- 
pany, or of other Officers which the Proprietors shall for 
such purpose appoint. 

Sect. IX. And be it fur'ther enacted. That Thirty Dol- 
lars on each share in said Company, shall be paid within 
twenty days after the first meeting of said Company, and 
the remaining sum due on each share, within one year 
afterwards, at such equal instalments, and under such 
penalties, as the said Company shall direct ; & no transfer 
of any share in said Company, shall be permitted or be 
valid, until all the Instalments on such share shall have 
been paid. 

Sect. X. And be it further Enacted^ That no person, 
being either singly or as Partner with one or more per- 
sons a Member of any other Company carrying on the 
business of Marine Insurance, shall be eligible as a Direc- 
tor of the Company by this Act established. 

Sect. XI. And be it further Enacted by the Authority 
aforesaid. That the property of any Member of said Com- 
pany, vested in the Stock of said Company, shall be liable 
to attachment and to the payment and satisfaction of his 
just debts to any of his bona fide Creditors, in manner fol- 
lowing, vizt. in addition to the summons by law prescribed 
to be left with the Defendant, a like summons shall be left 
with the Secretary of said Company, and the Debtors 
shares in the said Company's funds, together with the 
Interest and profits due, growing thereon, or so much 
thereof as shall be sufficient, shall thereby be held to re- 
spond said suit according to law ; and all transfers of the 
Debtors shares not noted in the Books of the Company, 
previous to the delivery of such summons, shall be barred 
thereby, and execution may be levied upon the property 
of any Stockholder in said Company, and his share or 
shares therein exposed to sale in the same manner as is by 
law prescribed where personal estate is taken in execution ; 
and it shall be the duty of the Officer who extends such 
execution, to leave an attested Copy thereof with his do- 
ings thereon, with the Secretary of said Company ; and 
the purchasers shall thereupon be entitled to the reception 
of all dividends and stocks which the Debtor was pre- 
viously entitled to. And upon any attachment being 
made or execution levied on any shares in said Company, 
it shall be the duty of the Secretary of said Company, to 
expose the books of the Company to the Officer, and to 



Acts, 1798. — Chapter 51. 67 

furnish hira with a Certificate under his hand in his official 
capacity ascertaining the number of Shares the Debtor 
holds in said Company, and the amount of the Dividends 
thereon due. 

Sect. XII. And be it further Enacted that in case of PrSnt°a*nd 
any loss or losses taking place, that shall be equal to the J^j^K* 
amount of the Capital Stock of the said Company, and the certain case. 
President or Directors, after knowing of such loss or 
losses, taking place, shall subscribe to any policy of In- 
surance, their estates jointly and severally shall be ac- 
countable for the amount of any and every loss that shall 
take place under policies thus subscribed. 

Sect. XIII. And be it further Enacted that the Pres- state of capital 
ident and Directors of said Company, shall, previous to and amounT*'^^' 
their subscribing to any Policy, and once in every year one rilk*, &c^ °° 
after, publish in two of the Newspapers printed in the 
Town of Boston, the amount of their Stock against what 
risques they mean to insure, and the largest sum they 
mean to take on any one risque. 

Sect. XIV. And be it further Enacted that the Pres- state of com. 
ident and Directors of said Company shall when and as fo^be 8u*b^miued 
often as required by the Legislature of this Common- ^^^]^^ Legisiat- 
wealth, lay before them a statement of the afiairs of said 
Company & submit to an examination concerning the same, 
under oath. 

Sect. XV. And be it further Enacted, That Stephen j^g^^°°*j."J|*^°J- 
Higginson, William Parsons, and William Smith esquires, meeting, 
or any two of them, are hereby authorized to call a Meet- 
ing of the Members of said Company, as soon as may be, 
in Boston, by advertising the same for three weeks suc- 
cessively in two of the Newspapers printed in said Town, 
for the purpose of their electing a first Board of Directors, 
who shall continue in Office until the first Monday of Jan- . 
uary One thousand & eight hundred. 

Approved February 13, 1799. 

1798. — Chapter 51. 

[January Session, ch. 18.] 

AN ACT TO CHANGE THE NAME OF GIDEON THAYER TO GIDEON 
LATIMER THAYER. 

Be it enacted by the Senate & House of Representatives, 
in General Court Assembled, (& by the Authority of the 
same. That from and after the passing of this Act, Gideon 



68 



Acts, 1798. —■ Chapter 52. 



Thayer, of Braintree, in the County of Norfolk, son of 
the Honorable Ebenezer Thayer, of said Town, be, & 
he hereby is authorized & allowed to take, use & bear, 
the name of Gideon Latimer Thayer, & by that name to 
be hereafter known & called, in all processes & records 
whatever. Approved February 16, 1799. 



Preamble. 



made legal. 



1798. — Chapter 52. 

[January Session, ch. 19.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT FOR DIVID- 
ING AND SEPERATING THE [THE] INTEREST, OR PROPRIETY 
IN THE LOCKS AND CANALS, OPENING AND PROPOSED TO BE 
OPENED ON CONNECTICUT RIVER, IN THE COUNTY OF HAMP- 
SHIRE, CALLED THE UPPER AND LOWER CANALS." 

Whereas the provision contained in the aforesaid act for 
enforcing the payment of taxes assessed on the shares in 
said corporation appears to be inadequate to the purpose 
intended by the same, therefore 

Sec 1. Be it enacted, by the Senate and House of 
Representatives in General Court assembled, and by the 
Sales at vendue authority of the Same ; that wherever the Treasurer of 
said proprietors already has, or hereafter shall have adver- 
tized, and exposed to sale at public Vendue any share, or 
shares in said Locks and Canals, on which the taxes due 
are not paid in the manner directed and required by the 
act aforesaid for enforcing the payment of the taxes as- 
sessed and payable on such share or shares, and no per- 
sons have, or shall appear to purchase the same, and the 
taxes assessed thereon, are or shall remain due and unpaid, 
that in such case, the Treasurer of said proprietors shall 
and may notify the owners of such share or shares, de- 
scribing the same by their numbers, of his doings therein, 
by publishing the same in a news paper printed in North- 
hampton, and Springfeild ; and shall therein mention, that 
unless the taxes assessed and due thereon, together with 
the costs of such' advertizements, are paid to said Treas- 
urer within four calendar Months from the first publication 
of such notice, such share, or shares will be vacated and 
extinguished and the Certificates thereof of no validity, 
and that all monies paid thereon will accrue to, and be 
for the use of the Corporation. 

Sec 2. Be it further enacted by the authority afore- 
The shares of Said, that whencvcr the said Treasurer shall have pursued 
be8o?d,"'after° the mcasurcs pointed out in the foregoing section and the 



Proprietors to 
be notified. 



Acts, 1798. — Chapter 53. 69 

taxes assessed on such share or shares, and the said costs notice in news. 
are not paid to said Treasurer before the expiration of arrears' are paid 
said four months, and the said treasurer shall have given '"*«'"'' '"<'°'^^*- 
the Clerk of said proprietors a true copy of such adver- 
tizements with a certiticate of all his doings thereon, 
which shall by said Clerk be entered at large on the pro- Proprietors' 
prietors' Book of records, such share or shares shall then from the books 
be vacated and extinguished and the Certificates thereof neg^ecrt'o^pay" 
shall not afterwards intitle the holder or owner thereof to a^fer^TgaT^"'^ 
any right, interest, or privilege in the said Locks and notice, and 

•/O' _' r tr> 111 11 their shares to 

canals, and all monies paid thereon shall accrue and be to become common 

• Block 

the use of the said Corporation and all the toll or income 
of said Locks and Canals shall be divided to and among 
the proprietors holding the remaining shares, any Law 
heretofore made to the contrary notwithstanding. 

Approved February 19^ 1799. 

1798.— Chapter 53. 

[January Session, eh. 22.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT FOR 
REGULATING THE TAKING OF SHAD, ALEWIVES & OTHER FISH 
IN NEPONSET RIVER, & THE SEVERAL STREAMS FROM THE 
PONDS CALLED PUNKAPOG & MASSAPOG." 

Be it enacted by the Senate & House of Representatives 
in General Court Assembled & by the Authority of the 
same, That the Town of Stoughton in the County of Nor- stoughton 
folk may choose a Committee to inspect the Fishery in committee. 
Neponset River & the Streams aforesaid, in the same 
manner, & who shall be under the same regulations, sub- 
ject to the same duties, & have the same powers, as the 
like Committees for the several Towns adjoining the afore- 
said Kiver & Streams. And said Town of Stoughton stoughton to 
shall have their proportionable part with the Town of Can- camon. 
ton of all profits arising from said Fishery ; & also of all 
Fines & Forfeitures incurred by the breaches of the Act to 
which this is an addition, in the same manner & to the 
same extent it would have had, had the Act passed the 
twenty third day of February, in the year of our Lord one 
thousand seven hundred & ninety seven, entitled, "An Act 
to divide the Town of Stoughton, in the County of Norfolk, 
& to incorporate the Northerly part thereof into a Town 
by the name of Canton" never have been passed, any 
thing in either of the aforesaid Acts to the contrary not- 
withstanding. Approved February 19, 1799. 



70 



Acts, 1798. — Chapter 54. 



1798. — Chapter 54. 



Dogs to be 
provided with 
collars with the 
owner's name 
thereon. 



Dogs without 
collars may be 
killed. 



Owners to be 
accountable 
for mischief of 
their dogs. 



AN ACT TO PRE- 
PASSED FEBRUARY 



[January Session, cb. 20.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, 
VENT DAMAGE BY MISCHEIVOUS DOGS, 
TWENTY FIFTH, 1792. 

Sec. 1st. Be it enacted by the Senate and House of 
Hepresentatives , in General Court assembled, and by the 
authority of the same. That from and after the passing 
this act, it shall be the duty of every person in this Com- 
monwealth, who is, or may be the owner or keeper of any 
dog, and the Parent, Guardian, Master, or Mistress of any 
minor, or servant, w ho is, or may be the owner, or keeper 
of any dog, to cause such dog so kept, constantly to wear 
a collar of some kind, with the name of the owner, and 
the Town or Place of his residence, inscribed at length, in 
legible letters, on said collar. 

Sec 2d. And be it further enacted, That it shall and 
may be lawfull for any person, from and after the passing 
this act, to kill any dog found going at large not wearing 
a collar as aforesaid. 

Sec. 3d. And be it further enacted. That when any dog 
shall do any damage either to the person, or the property 
of any person, the owner or keeper of any such dog, and 
also the parent. Guardian, Master or Mistress of any minor 
or servant, who shall own, or keep any such dog, shall be 
liable to such sum, in damages, as said Person may have 
sustained by said dog ; but the defendant, in any such 
action, may give any special matter in evidence in excuse 
or justification, under the general issue, any law, usage or 
Custom to the contrary notwithstanding. 

Sec 4th. And be it further enacted, That an act in- 
titled an act to lessen the dangerous evils of canine mad- 
ness, and other injuries occasioned by dogs, passed 
February 19th, 1798, be and the same is hereby repealed, 
excepting so far as relates to the prosecuting for any in- 
juries, and the collecting any Taxes, under said act. 

Approved February 19, 1799. 



Acts, 1798. — Chapters 55, 56. 71 



1798.— Chapter 55. 

[January Seseion, cb. 21.] 
AN ACT CONCERNING THE PROPRIETORS OF LEBANON. 



Preamble. 



Whereas the Proprietors of Lebanon have represented 
to this Court that Judgment has been recovered by William 
Rogers, Esquire, against said Proprietors for the sum of 
Eighteen hundred & twenty four dollars & thirty three 
cents damages & fifty tivo dollars & eighty two cents costs, 
<& that they are not authorized by Law to vote, levy & col- 
lect said sums of & upon the Proprietors of said Lebanon 
in manner as is provided by a Law of this Commonwealth, 
entitled, ^^An Act in addition to & to explain an act passed 
the tenth day of March, in the year of our Lord one 
thousand seven hundred <& eighty four, entitled, ^^An Act 
for the better managing of Lands, Wharves & other Real 
Estate lying in common,^^ by reason of the final division 
of their Lands for more than ten years before the judgment 
aforesaid was recovered. 

Be it enacted, by the Senate & House of Representatives 
in General Court Assembled, & by the Authority of the 
same. That the said Proprietors may, & they are hereby Authorized to 
authorized & impowered to act in their corporate ca- capacity. 
pacity for the term of two years from the time of passing 
this Act for the purpose of doing & suffering all such 
matters & things as they might have done & suffered by 
virtue of the first Section of the Act aforesaid, any thing 
in the proviso of said Act to the contrary notwithstanding. 

Approved February 19, 1799. 

1798. — Chapter 56. 

[January Session, cb. 23.] 

AN ACT TO DIVIDE THE COUNTY OF LINCOLN AND TO CONSTI- 
TUTE THE NORTHERLY PART THEREOF A SEPARATE COUNTY 
BY THE NAME OF THE COUNTY OF KENNEBECK. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assefnbled, and by the 
authority of the same, That the County of Lincoln shall Line of division. 
be divided by a line begining on the westerly line of the 
County of Hancock, at a place from which a line runing 
west north west, shall strike the north easterly corner of 
the town of Harlem, from thence running south easterly, 



72 



Acts, 1798. — Chapter 56. 



Constituting 
clause. 



AuguBta, the 
ehire town. 



Courts. 



by the easterly line of said town to the southeasterly cor- 
ner thereof, thence southwesterly on a strait line to the 
North easterly corner of Pittston, thence by the Easterly 
line of said Pittston to the south easterly corner thereof, 
thence westerly by the Southerly line of said Pittston to 
the South westerly corner of said Town last mentioned, 
thence north westerly by the Westerly line of said Pitts- 
ton to the mouth of Purgatory Stream (so called), which 
empties itself into Cobbesecontee Stream (so called) 
thence west north west to the East line of the town of 
Monmouth, thence southerly by the East line of said Mon- 
mouth, to the Southeasterly corner thereof, thence West- 
erly by the Southerly line of said Monmouth, to the 
Westerly corner of said Town, thence West to the East- 
erly line of the town of Greene, thence Southerly by the 
Easterly line of said Greene to the Southeasterly corner 
thereof, and thence westerly by the Southerly line of said 
Greene to Androscoggen river, or the dividing line be- 
tween the Counties of Cumberland and Lincoln ; and that 
the County of Lincoln aforesaid be, and the same is hereby 
declared to be bounded, Northerly & Westerly by the 
line aforesaid. 

Sect. 2d. And be it further Unacted by the authority 
aforesaid, that all, and every part and parcel of the late 
County of Lincoln situated on the Northerly and Westerly 
side of the aforesaid dividing line, and extending Northerly 
and Westerly so as to comprehend all the Territory, lying 
between the Counties of Cumberland and Hancock, and on 
the Northerly & Westerly side of the dividing line afore- 
said, shall be, and the same hereby is formed and erected 
into an entire and distinct County by the name of Kenne- 
beck, of which Augusta shall be the Shire or County Town : 
And the Inhabitants of the said County of Kennebeck, shall 
have and possess, use, exercise, and enjoy, all the powers, 
rights, and immunities, which by the Constitution and 
Laws of this Commonwealth the Inhabitants of any 
County within the same, have, possess, use, exercise, 
enjoy, and are entitled to. 

Sect. 3d. And be it further enacted, that there shall 
be held and kept within the said County of Kennebeck a 
Court of General Sessions of the Peace, and a Court of 
Common Pleas, to be holden, in and for the same County, 
at Augusta, aforesaid, on the second Tuesdays of June & 
December, annually, and also a Supreme Judicial Court, 



Acts, 1798. — Chapteb 56. 73 

to be holden at Auo^usta, aforesaid, in and for the same 
County, on the third Tuesday next following the fourth 
Tuesday of June, annually ; and the Justices of the said 
Court of General Sessions of the Peace, & Court of Com- 
mon Pleas, when lawfully appointed, commissioned, and 
qualified, shall have, hold, exercise, and enjoy all the 
powers and authority, which are given and Granted to 
Justices of like Courts in any other County within this 
CommonAveallh ; and all Judicial Courts within the County 
of Kennebeck shall bear the same legal relation to each 
other, by process and legal proceedings of every kind, as 
the like Courts do in other Counties of this Common- 
wealth. 

Sect. 4th. And be it further enacted, That the method Treasurer. 
and proceedings directed by law for choosing a County Register of 
Treasurer & Register of Deeds, and the modes, forms, and 
proceedings, known, and practised, in bringing forward 
and trying actions, causes, pleas, or suits, and of originat- 
ing and conducting legal processes of every kind, whether 
civil or criminal in the Judicial Courts, established in the 
several Counties in this Commonwealth, & for choosing 
persons to serve as jurors at said Courts, shall be ob- Juries, &c. 
served and put in practice, used & exercised within the 
said County of Kennebeck : provided however, That the Proviso. 
County Treasurer and Register of Deeds, for said County 
of Kennebeck, shall, for the first time, originate in the 
same manner, as is prescribed by law where vacancies 
happen by death or resignation. 

Sect. 5th. And be it further Enacted, That Deeds, needs to be 
conveyances, and transfers of real estate of every kind, ^.^nlouxCo^ 
which shall happen or take place prior to the appointment co^is^^ganhfed'. 
of a person for Register of Deeds within and for said 
County of Kennebeck, and to his being qualified to dis- 
charge the duties of that Office, may be recorded in the 
Office of Register of Deeds in & for the County of Lin- 
coln, and such Registering shall have the same effect & 
operation, as though recorded in the Registry of Deeds 
for said County of Kennebeck. 

Sect. 6th. And be it further enacted. That the several ^fKeSlck 
towns. Districts & Plantations, within the said County of ^°-t°P^f p/°" 
Kennebeck, shall pay to the Treasurer of the County of isung Lincoln 
Lincoln, their due proportion of all County taxes, that 
shall have been granted prior to the day when this Act 
shall begin to operate : and the Court of General Sessions 



74 



Acts, 1798. — Chapter 56. 



Compulsory 
process author- 
ized in cases of 
.delinquency. 



Kennebeck Co. 
to discharge 
proportion of 
existing Lincoln 
Co. debts. 



Commencement 
of this act. 



Removal of 
actions author- 
ized. 



of the Peace in & for the County of Lincoln, shall have 
the same powers & authority to proceed with & assess 
upon all such Towns, Districts, & Plantations, severally, 
their due proportion of all such taxes, which shall be 
granted as aforesaid, in the same manner as if this Act 
had never passed ; and the assessors of all such Towns, 
districts, & Plantations, & the Inhabitants thereof, sever- 
ally, shall be governed by, & subject to the same Laws 
of this Commonwealth, and held, bound, & obliged to 
perform the same duties, & be under the same penalties, 
with respect to assessing & paying all such Taxes, as if 
this Act had never passed ; & the Treasurer of the said 
County of Lincoln, shall be, & hereby is directed & em- 
powered to proceed in the same manner for the collection 
of such Taxes, & shall have the same powers & authority 
to collect and levy the same by warrants of distress, in 
due form of Law, as if this Act had never passed ; & all 
lawful precepts issued by said Treasurer for the County 
of Lincoln, for the Collection or levying such taxes, 
directed to the proper Officer, within & for the County 
of Kennebeck, shall be duly obeyed by such officer, under 
the same penalty ; & such officer shall be liable to be pro- 
ceeded with for any default therein in the same manner, 
as in like cases, where a similar default happens in any 
County in this Commonwealth, within, & to which both 
said Treasurer & officer belong : and the said County of 
Kennebeck shall be held to pay their due and just pro- 
portion of all debts that shall be due & owing from the 
said County of Lincoln on the day and time when this Act 
shall come into operation. And after the payment of 
such debts shall be entitled to their due proportion of all 
monies & Credits which may belong to the present County 
of Lincoln on the first day of April next. 

Sect. 7th. And be it further Enacted, That this act 
shall begin to operate and be in force on the first day of 
April next, and not before. 

Sect. 8th. And be it further Enacted, That all actions 
and civil suits, of every name and kind, now pending in 
the Supreme Judicial Court, next to be holden in & for 
the County of Lincoln, & for the Counties of Lincoln 
Hancock & Washington in July next, or which may be 
commenced and brought forward to have day in said 
Supreme Judicial Court, before the said first day of April 
next, in which, real estate shall be sued for that is situated 



Acts, 1798. — Chapter 56. 75 

in the County of Kennebeck, or in which, the original 
plaintiff or plaintiffs, petitioner or petitioners, one or more 
of them reside within said County of Kennebeck, or in 
which, the original plaintiff or plaintiffs, petitioner or 
petitioners, do not live or reside within the present 
County of Lincoln, & the adverse party do live and re- 
side within the County of Kennebeck ; and all indictments 
and criminal prosecutions of every kind for offences com- 
mitted within the County of Kennebeck, together with all 
recognizances, Scire facias, & suits, wherein the Com- 
monwealth is a party, & the adverse party resides within 
the County of Kennebeck, shall be transferred & removed 
to, be heard, tried, & have day, entered and proceeded 
upon, in the said Supreme Judicial Court, which shall be 
next holden in & for said County of Kennebeck, & all the 
papers & documents, belonging to all such actions, suits. Actions and 
petitions, indictments, criminal prosecutions, & recogniz- uansferred to 
ances that shall be filed in the Clerk's Office of said Court, founs!'"'^"' 
within the County of Lincoln, shall be delivered over by 
him to the Clerk of said Court that shall be appointed for 
the said County of Kennebeck. And all actions & civil 
suits of ever}'^ kind pending in the Courts of General Ses- 
sions of the Peace, & Common Pleas, which by law are to 
be holden at Pownalborough, in & for the County of Lin- 
coln, on the first Tuesday of June next, or which shall be 
commenced or brought forward to have day in either of 
said Courts last mentioned before the first day of April 
next, or before a Clerk shall be duly appointed and quali- 
fied as such, for said Courts, in and for the said County 
of Kennebeck, in which real estate shall be sued for, that 
is situated in the County of Kennebeck, or the original 
Plaintiff or Plaintiffs, petitioner or petitioners, one or more 
of them, reside in the County of Kennebeck, or in which, 
the original plaintiff or plaintiffs, petitioner or petitioners 
do not live or reside within the present County of Lin- 
coln, and the adverse party do live or reside within the 
County of Kennebeck, and all indictments cS; Criminal 
prosecutions of every kind for offences committed within 
the County of Kennebeck, together with all recognizances, 
.scire facias, & suits wherein the Commonwealth are a 
party, & the adverse party live or reside within the 
County of Kennebeck, shall be transferred & removed to, 
be heard, tried, & have day, entered & proceeded upon, 
in the said Courts of General Sessions & Common Pleas, 



76 Acts, 1798. — Chapter 57. 

respectively, which shall next be holden within & for the 
County of Kennebeck ; & all papers & documents, belong- 
ing to such actions, suits, indictments & criminal prose- 
cutions, filed in the Office of the Clerk of said Courts last 
mentioned for the County of Lincoln, shall be by him 
delivered over, to the Clerk of the same Courts for the 
County of Kennebeck. 
Law^e^fespect- Sect. 9th. And be it further enacted. That all laws 
repealed. heretofore made, providing for holding Courts of General 

Sessions of the Peace & Common Pleas, for the County 
of Lincoln, at Augusta, on the second Tuesday of January, 
& at Waldoboro', on the second Tuesday of September, 
annually, be, & the same are hereby repealed ; and in- 
stead thereof — 
at°war?en^for'** Sect. IOth. Be it further Bnacted , That there shall be 
Lincoln Co. held & kept a Court of General Sessions of the Peace, & 
a Court of Common Pleas at Warren, in & for the County 
of Lincoln, on the first Tuesday of November, annually. 
Senators. Sect. IIth. And be it further Enacted, T\\fit the Q2\di 

County of Kennebeck, for the choice of Senators, shall be 
considered as forming a part of the district heretofore 
known by the name of the Counties of Lincoln, Hancock 
& Washington, any thing in this Act to the contrary 
notwithstanding ; & that the Inhabitants thereof shall have 
and enjoy the same rights & Privileges, with respect to 
the election of Senators, as if this Act had never passed : 
& the several Towns & Plantations, within that part of 
the County of Kennebeck, which is comprehended within 
the first eastern District for the Choice of Federal Repre- 
sentative, shall have & enjoy the same rights & Privileges, 
& be subject to the same restrictions, as are provided by 
law ; and all returns of votes for Senators & Federal Rep- 
resentatives within the County of Kennebeck, shall be 
made in the same manner & under the same penalties as 
is by law provided in other Counties within this Common- 
wealth. Approved February 20, 1799. 

1798. — Chapter 57. 

[January Session, ch. 24.] 

AN ACT TO ALTER THE NAME OF JEREMIAH WILLIAMS TO THE 
NAME OF JEREMIAH WADSWORTH WILLIAMS. 

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



Acts, 1798. — Chapter 58. 77 

the same. That froui and after the passing this Act, Jere- Name changed, 
miah Williams of Dalton in the County of Berkshire, shall 
be, and he hereby is authorized and empowered to take bear 
and use the name of Jeremiah Wads worth Williams, & 
shall be called and known by that name forever hereafter. 

Approved February 21 , 1799. 



1798. — Chapter 58. 

[January SesBion, ch. 25.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS IN 
THE TOWN OF WRENTHAM IN THE COUNTY OF NORFOLK, INTO 
A RELIGIOUS SOCIETY BY THE NAME OF THE CONGREGA- 
TIONAL SOCIETY IN WRENTHAM. 

^VJiereas a number of the Inhabitants of Wrentham Preamble. 
aforesaid have petitioned this Court, setting forth, that they 
have 7'aised by Subscription Three thousand eight hundred 
& sixty Dollars for the purpose of establishing a Fund, 
the interest of which is to be appropriated for the support 
of a Congregational Minister for said Church <& Society, 
who usually assemble for the Public Worship of God in 
the Central Meeting House in Wrentham, & praying to 
be incorporated for the purpose of holding & managing 
said Fund for the purpose aforesaid. 

Section 1st. Be it enacted by the Senate & House of 
Representatives in General Court Assembled <& by the au-. 
thority of the same, that the said Petitioners, vizt. Ralph Persons 
Day, Lewis Whiting, Samuel Co well, Benjamin Day, >"<=°''P'*™'^'^- 
James Mann, Comfort Bobbins, Jason Mann, Andrew 
Blake, John George, Elias Ware, Calvin Fisher, Eben- 
ezer Hawes junr. Thaddeus Whiting, John Guild, Daniel 
Blake, Beriah Brastow, Theodore Gerald, Phillip Blake, 
Benjamin Hawes, Benjamin Hawes jun. David Fisher 
junr. George Hawes, Abijah Fisher, Timothy Metcalf, 
Eichard Guild junr. Richard Fisher, Jonathan Reed, Job 
Colman, Elias Haven, David Metcalf, Ebenezer Fisher 
junr. John Belcher, Daniel Shaw, Cornelius Kollock, 
John Messenger junr. Nathan Robinson, Eli Messenger, 
Samuel Fisher, James Fairbanks, Cyrus Bean, James 
Ide, Isaac Bennett, Luther Fisher, Jeremiah Day, Jere- 
miah Pond, John Hawes, Oliver Ware junr. Jerusha Nor- 
ton, David Fisher, John Hall, Robert Blake, Benjamin 
Shepard, Nathan Blake, Thomas George, Lemuel Brown, 
Amos Walton, Lemuel Brown junr. William Brown, Jon- 
athan Felt, Jeremiah Mann junr. Joseph Gay, Nathan 



78 



Acts, 1798. — Chapter 58. 



Corporate 
name. 



Persons who 
are to be 
admitted. 



Further per- 
sons who may 
be admitted. 



May dismiss 
members. 



Fund appro- 
priated to 
support a 
minister. 



Donations, &c., 
may be received. 



Hawes, Paul Ware, Ezra Blake, Timothy Fisher, Samuel 
Fales, Amariah Hall, Jotham Davis, Eliphalet White, 
Richard Guild, John Blake, Jason Blake, Whiting Guild, 
James Gilmore, Noah Butterworth, Jacob Blake & Amos 
Archer, be & are hereb}'^ incorporated into a Society by the 
name of — The Congregational Society in Wrentham — & 
by that name may sue & prosecute, & be sued & prose- 
cuted to final judgment & execution. 

Section 2d. And be it further Enacted^ that said 
Society at any legal Meeting thereof, shall have power to 
admit within three months from the passing of this Act 
any person or persons, inhabitants of said Wrentham, liv- 
ing within the bounds of the North Parish, & who have 
heretofore usually congregated, & do now congregate at 
the central meeting house, & who shall within three 
months subscribe to the fund aforesaid ; whereupon, such 
person or persons so admitted, shall become incorporated 
with said Society, & shall be entitled to all the privileges 
which the persons herein beforementioned are entitled to 
by virtue of this Act. 

Section 3d. And he it further enacted^ that said 
Society at any legal meeting thereof shall at any future 
time have power to admit any person or persons inhabi- 
tants of said Wrentham, living on the South side of the 
boundary line of the North Parish ; whereupon, such per- 
son or persons so admitted shall become incorporated with 
said Society, & shall be entitled to all the privileges 
thereof, & said Society at any legal meeting shall have 
power to dismiss any member thereof, returning withal 
the capital of his subscription, after which he shall no 
longer be entitled to any privilege in said Incorporation. 

Section 4th. And he it further enacted that the in- 
come, or annual interest of the sum already subscribed, 
or which may be hereafter subscribed or given to said 
Fund, or so much thereof as may be necessary shall be 
appropriated to the support of a Gospel Minister of the 
Congregational Denomination to preach in the Public 
Meeting House, near the centre of the Town. 

Sect. 5th. And he it further enacted^ that the said 
Society shall be & hereby are made capable in Law of 
receiving & holding any Grants or Devises of Lands or 
Tenements in Fee Simple, & any donations & bequests of 
Money or other personal estate from any person or per- 
sons whatsoever, & to use & improve the same for the 



Acts, 1798. — - Chapteb 58. 79 

purpose abovementioned ; Provided that the rents of the Proviso, 
real together with the income of the personal estate of 
said Society, shall not annually exceed the sum of Nine 
hundred Dollars. 

Sectiox 6th. And be it further enacted, that David Trustees. 
Fisher, Benjamin Hawes, Benjamin Shepard, Samuel 
Co well & Lewis Whiting be & are hereby nominated & 
appointed Trustees of said Society to continue in Office 
until others are chosen & have accepted to serve in their 
room ; & that the Trustees aforesaid & their Successors 
in said Office, be & they are hereby empowered & di- 
rected to call a meeting of said Society annually forever Annual meet- 
in the month of September, to choose Trustees, Treasurer, '°^* » ^ e . 
Clerk, & all such other Officers & Agents as may be found 
necessary, & to make & establish such rules & regulations, 
not repugnant to the Constitution & Laws of this Com- 
monwealth, as they shall think necessary & convenient for 
the orderly management of the aflairs of said Society. 
And said Trustees are also hereby empowered to call meet- 
ings of said Society at any other times beside the annual 
meetings when there shall be occasion therefor. 

Section 7th. And be it further enacted that George Treasurer. 
Hawes be, & is hereby appointed Treasurer of said 
Society to continue in office until another may be chosen 
in his room, & shall accept the office ; & he & his Suc- 
cessors in said Office are hereby impowered to receive for 
the use of said Society all monies & other property, real 
& personal, which may belong to the Society ; & under 
the direction of the Trustees of said Society, or a major 
part of them to demand, sue for & receive from the several 
persons abovementioned, subscribers to said Fund, & those 
who may hereafter become subscribers, or their heirs, ex- 
ecutors & administrators the sums they have respectively 
subscribed, or which may be subscribed, for the purpose 
abovementioned, & also all other debts, which may become 
due to said Society by bond, note, donation, or any other 
way ; & the said George Hawes & his Successors in said ^l'^^'^^ *° *»^ 
Office are to keep for said Society, a fair, just & regular 
book, with the state of the Fund, & an account of all the 
income, donations, subscriptions, legacies & emoluments 
of whatever kind, & also of all expenditures of the same 
which are to be paid by order, signed by the Trustees, or 
a major part thereof; & he & his Successors in said office, 
shall be sworn to the faithful discharge of their duty. 



80 



Acts, 1798. — Chapter 59. 



Rights of 
property not 
to be affected. 



Special meet- 
ings. 



Section 8th. And be it further enacted that James 
Mann be & he is hereby appointed Clerk of the said 
Society, & he & his Successors in said office, shall keep 
a fair record in a book for that purpose of all the votes, 
proceedings & transactions of said Society, & he & his 
Successors in said office shall be sworn to the faithful dis- 
charge of their duty. 

Section 9th. And be it further enacted that nothing 
in this act shall be construed to affect the rights of prop- 
erty of any individual or Society, or any arrears or just 
debts which have become due previous to this incorpora- 
tion. 

Section 10th. And be it further enacted, that any 
Justice of the Peace in the County of Norfolk on applica- 
tion made to him in writing by three or more subscribers 
to said Fund be & hereby is authorized to issue his war- 
rant directed to some suitable person being a member of 
the Congregational Society in Wrentham, & a subscriber 
to their Fund, requiring him to warn a meeting of the 
Members of said Society, at such time & place, & to 
transact such matters as shall be expressed in said war- 
rant. Ap2yroved February 21, 1799. 



Calling meet- 
ings. 



1798. — Chapter 59. 

[January Session, ch. 26.] 

AN ACT ENABLING PROPRIETORS OF AQUEDUCTS TO MANAGE 

THE SAME. 

Sect. 1st. Be it enacted by the Senate and House 
of Representatives, in General Court assembled, and by 
the authority of the same. That when any number of Per- 
sons shall, by writing, associate and become proprietors 
of any Aqueduct or of any funds raised for making and 
constructing the same, for the purpose of conveying fresh 
water by subterraneous or other pipes into any town, 
or place, within this Commonwealth, it shall be lawful 
for the proprietors of a major part of the shares, to apply, 
in writing, to some Justice of the Peace for the County in 
which the said Aqueduct may be, or is proposed to be 
placed, stating, in such written application, the name & 
stile of their association, the objects of their proposed 
meeting, and requesting such Justice to issue his warrant 
to some one of the Proprietors, so applying, directing 
him to call such meeting; — And such Justice is hereby 



Acts, 1798. — Chapter 59. 81 

authorized to issue his warrant accordingly, therein stat- 
ing tlie time, & place, & objects of the said meeting. 
And such proprietor shall notify & warn such meeting by 
posting up the said warrant, or a true copy thereof, with 
his notice, seven days, at least, before the said meeting, 
in some public place in the Town & towns in which the 
said Aqueduct may be, or is proposed to be placed. 

Sect. 2d. Be it fwther enacted, That the proprietors Proprietors 

, ^ f -\ -x t in 111'°^ aqueducts 

oi any such Aqueduct, or lund, duly met & assembled in conBtumed 
pursuance of any such warrant, and their successors, shall °°''p°''* '*'°*- 
be a corporation & body politic, by the name and stile 
aforesaid ; and at such meeting of said proprietors, or of 
any number of them, they shall have power to agree upon 
the method of calling future meetings of the corporation. 

Sect. 3d. Be it further enacted. That at any legal 
meeting of said proprietors, or of any number of them, 
they shall have power to choose a clerk, whose duty it 
shall be fairly & truly to enter & record, in a Book, or Records. 
Books to be provided & kept for that purpose, this Act, 
& all rules, bye laws, votes and proceedings of such cor- 
poration ; which Book & Books shall, at all times, be sub- 
ject to the inspection of any person appointed for that 
purpose by the Legislature. And the said Clerk shall be 
sworn to the faithful discharge of the duties of his Office ; 
& at any such meeting, the said proprietors, or any num- Moderator ana 
ber of them duly met, as aforesaid, shall have power to '*''^^'='°"- 
elect a moderator & any such number of directors to man- 
age the prudential business of said Corporation, as to them 
may appear expedient ; & such Directors, or a major part ABsessments. 
of them, are hereby authorized, from time to time, to as- 
sess such taxes on the proprietors of the shares in such 
Aqueduct, or in the funds which may be raised for mak- 
ing & constructing such Aqueduct, as they shall find nec- 
essary ; & on the neglect or refusal of any proprietor to 
pay such tax, to sell at public Vendue, so many of his or 
her shares as will be sufficient to pay such taxes, with 
necessary intervening charges ; first advertising the Sale 
of such Share or Shares in some newspaper printed in the 
County, or by posting up notifications thereof in some 
public places in the Town [&] [or] Towns wherein such 
Aqueduct may be, or is proposed to be placed, twenty 
days, at least, previous to such sale ; & the overplus 
monies (if any there may be) arising from such Sale, shall 
be paid to the owner or owners of the share or Shares so 



82 Acts, 1798. — Chapter 59. 

sold. And the said proprietors, or any number of tliem, 
duly met, as aforesaid, may, at any of their meetings, elect 
any other Officer or Officers, or act upon any other thing 
necessary for car [r]y ing into effect the objects of their in- 
stitution ; provided that the subject matter thereof be ex- 
pressed in the warrant or notification for such meeting. 

Voting. Sect. 4th. Be it further enacted. That in all meetings 

of such proprietors, each proprietor shall be entitled to one 
vote for each and every share he or she may hold in such 
Aqueduct or fund ; and they are also hereby respectively 
empowered to depute & appoint any other person to 
appear and vote for him or them in such meetings ; the 
appointment to be in writing, signed by the Person or 
persons to be represented, & filed with, or recorded by 
the Clerk of such Corporation. 

^'''®*- Sect. 5th. Be it further enacted. That the said pro- 

prietors, or any number of them, duly met as aforesaid, 
may at any of their meetings, enjoin & order fines & pen- 
alties for the breach of any bye law of such Corporation, 
not exceeding Thirty dollars for any one breach. 

beheki?no^t"x.^ Sect. 6th. Be it further enacted, That any such cor- 

ceeding $30,000 poratiou sliall have power to purchase, take &, hold any 

personal estate real cstatc uccessary for the purpose of their institution ; 

"ransferabie, provided that the real estate which any one Aqueduct cor- 
poration may hold shall not exceed thirty thousand Dol- 
lars in value. And all such real estate shall, during the 
continuance of such corporation, be deemed and consid- 
ered to all intents & purposes as personal estate, and as 
such, with the other interest & estate in such propriety, 
shall be transferrable by such mode of transfer as such 
Corporations, at any of their meetings, shall agree on & 

Proviso. determine : Provided however. That the transfer shall be in 

writing & recorded by the Clerk of the Corporation in the 
Book or Books aforesaid within three Months next after 
such transfer shall be made. 

^jehwayemay Sect. 7th. Be it further euttcted. That such proprie- 
tors or corporation, when they shall find it necessary, 
shall have power to enter upon dig up & open any such 
parts of the Streets, Highways or Town ways in any place 
within this Commonwealth, for the purpose of placing 
such pipes as may be necessary for making and construct- 
ing such Aqueduct, or for repairing or extending the same, 
as the Selectmen of the Town, or the Major part of them, 
for the time being, shall in writing authorize & allow. 



Acts, 1798. — Chapter 59. 83 

Provided such Selectmen shall not have power to authorize Proviso. 
& allow any such Streets, Highway or Town way to be 
entered upon, dug up, or opened, so as to obstruct or 
hinder the Citizens of the Commonwealth or others from 
conveniently passing therein with their teams & Carriages. 

Sect. 8th. Be it further enacted. That to the end Members' 

^ . names and 

that the proprietors of the Shares m any such corporate shares to be 

recorded 

property may be known, it shall be the duty of the Clerk 
of any such Corporation, at or immediately after the first 
meeting, to enter in the Book or Books aforesaid the 
names of the several proprietors, & the shares & parts of 
shares each proprietor shall own ; and when any share or 
part of a share shall afterwards be sold for taxes, or other- 
wise transferred, such Sale or transfer shall be entered by 
said Clerk in such book or books, in such form & for such 
fees as the directors shall appoint ; & no person shall be 
deemed a proprietor whose Share or Interest shall not be 
so entered. 

Sect. 9th. Be it further enacted. That, notwithstand- f,°^je'f"aii 
ing the dissolution of any such corporation, all contracts contracts in 
made by or with such corporation shall remain in full sofunon of the' 
force, & the last proprietors or share holders shall have *'°''p°''*"°'»- 
a corporate capacity, untill all contracts & agreements 
made by or with them prior to such dissolution, shall be 
performed ; and are & shall be capable & liable, in & by 
the same name & capacity, as before such dissolution, to 
sue & be sued, &, by their Agent or agents, to prosecute 
& defend in all actions, suits & demands, respecting such 
contracts & ao:reements, untill final Juds-ment & Execu- 
tion. And if no corporate property can be found to sat- 
isfy any Judgment W'hich may be recovered against them 
as aforesaid, & such Judgment shall not be satisfied within 
six months after the same shall have been recovered, it shall 
be lawful for the Judgment Creditor to satisfy his Judg- 
ment & Execution out of the Private estate of such pro- 
prietors or of any of them, in the same way & manner as 
if the Judgment had been against him or them in his or 
their private capacity. Provided, That each & every such Proviso, 
action shall be commenced w' ithin six years next after such 
dissolution, or within the like time next after such right 
of Action shall accrue. And in case any such corporation proprietors to 
shall, at it's dissolution, be seized or possessed of any es- po^ate*prop°erty, 
tate, the several proprietors at such dissolution shall be- goi^uon" m'*' 
come tenants in common thereof, in such proportions as tenants in com- 



84 



Acts, 1798. — Chapter 59. 



ProviBO. 



Penalty for 

injuring 

aqueducts. 



Water may be 
drawn off in 
case of fire. 



Proviso. 



When an aque- 
duct enters 
more than one 
county, a 
justice in either 
may issue 
warrant. 



they shall respectively then hold their shares & parts of 
Shares therein, and upon such tenure as the corporation 
would have held the same had not provision been herein 
made for making all their property personal Estate. And 
all shares in such Aqueducts shall be liable to be attached 
on mesne process, & taken in execution for the debts of 
the Owner thereof; Provided, That when any share or part 
of a share or shares shall be so attached, an Attested Copy 
of the process shall be left with the Clerk of the Corpora- 
tion, fourteen days before the day of the Sitting of the 
Court to which the same shall be returnable. And when 
any such share, or part of a Share or Shares, shall be 
taken &. sold on execution, the Officer shall leave with 
such Clerk an Attested Copy of the execution, & of his 
return thereon, within ten days next after such sale. 

Sect. 10th. Be it further enacted, That if any person 
shall maliciously or wantonly injure any such Aqueduct, 
he or She shall forfeit & pay a sum not exceeding Twenty 
Dollars, to be recovered by indictment in the Supreme 
Judicial Court, or Court of General Sessions of the Peace, 
one moiety thereof to the Prosecutor, & the other moiety 
thereof to the use of the Town in which such offence shall 
have been committed ; and shall also be liable to pay 
treble damages to the Corporation so injured, to be re- 
covered by Action in the Case, with Costs of suit. 

Sect. 11th. Be it further enacted. That any town in 
which any such Aqueduct shall be placed, shall have the 
privilege of placing conductors into & from the pipes & 
conductors laid by any such corporation, for the purpose 
of drawing such water therefrom, as may be necessary, 
when any building shall be on fire in such Town, & of 
drawing water therefrom on such occasions without paying 
such corporation any price therefore ; Provided that every 
such Town shall be holden to secure such Conductors so 
by them placed, in such manner that water cannot be 
drawn therefrom unless by the orders of the Selectmen or 
Fire wards of the town wherein the same may be placed. 

Sect. 12th. Be it further enacted, That when any 
such Aqueduct shall be, or proposed to be placed so as to 
extend into several Counties, application may be made to 
& a warrant issued by a Justice of the Peace of either of 
such Counties, in the manner, for the purpose, & with the 
effect provided & enacted in the first Section of this Act. 

Approved February 21, 1799. 



Acts, 1798. — Chapter 60. 85 

1798. — Chapter 60. 

[January SessioD, ch. 27.] 

AN ACT TO CEDE TO THE UNITED STATES A TRACT OF LAND AT 
GAY-HEAD FOR A LIGHT HOUSE. 

Sec. I. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, That there be and hereby is granted Land granted, 
to the United States of America, a tract of Land and the 
Jurisdiction thereof not exceeding four acres of Land, 
situated at that part of Martha's Vineyard called Gay- 
Head, for the purpose of erecting a Light-House on the For what 
same : Which quantity of land shall be laid out by the p°'"p°*®* 
United States at the time of erecting said Light House, 
and a description thereof in writing entered in the Regis- peecription to 

DC rficordcu 

try of Deeds in the County wherein the same shall be 
situated. 

Sec II. Provided nevertheless, and be it further En- 
acted, That if the said United States shall neglect for the cesBion to be 
term of four years from the date of this Grant to erect a case.*" "* 
Light House on some part of the said four Acres, and 
after the same shall be erected, shall neglect to keep the 
same in good repair, and a state useful to Navigation, 
then this grant shall be void. Provided also, that this concurrent 
Commonwealth shall retain, and hereby does retain a con- i-euinLd!"'' 
current Jurisdiction with the said United States in and 
over the same four acres, so far as that all civil and crim- 
inal processes issued under the authority of this Common- 
wealth, or any Officers thereof, may be executed in any 
part of the same four acres granted as aforesaid, or in any 
Building thereon to be erected, in the same way and man- 
ner as if the Jurisdiction had not been granted as aforesaid. 
And provided further, that if the said United States shall ^"p^PiXn""* 
at any time hereafter make any Compensation to any of certain case, 
the United States for any Cession made for the purposes 
of this Grant, like Compensation to be made to this Com- 
monwealth by the United States for the present Grant ac- 
cording to its value. Approved February 22, 1799. 



86 



Acts, 1798. — Chapter 61. 



Inbabitatits 
incorporated. 



Corporate 
name. 



Persons may 
join the Con- 
gregational 
Society. 



Persons from 
the South Parish 
may join the 
North. 



Members' 
estates, where- 
ever situated 



1798. — Chapter 61. 

[January Session, ch. 30.] 

AN ACT TO INCORPORATE THE INHABITANTS OF THE NORTH- 
ERLY PART OF THE TOWN OF WRENTHAM IN THE COUNTY OF 
NORFOLK INTO A SEPERATE PARISH. 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, & by the au- 
thority of the same, that the Inhabitants of the Northerly 
part of Wrentham in the County of Norfolk, excepting as 
is herein after excepted, with their polls and estates, north 
of a line drawn as follows, vizt : Begining at Walpole 
line one hundred and fifty rods north of the Dedham Rock 
so called, from thence runing Twenty rods south of the 
house of Deacon Jacob Pond, from thence twenty rods 
south of the house of Charles Dupee junr. from thence fifty 
Eods North of the house of Benjamin Ware, from thence 
the same course to Franklin, be & they are hereby incor- 
porated into a seperate parish by the name of the North 
Parish in Wrentham, with all the powers, privileges, & 
immunities which other Parishes are entitled to, by the 
Constitution & Laws of this Commonwealth. 

Sect. 2d. And be it further enacted by the authority 
aforesaid that the Inhabitants living North of the afore- 
said line who have heretofore, and are now considered as 
congregating at the Center meeting house, in said Wren- 
tham, with their heirs & assigns, and who shall choose to 
belong to the Congregational Society, convening at the 
Center-meeting house, and shall subscribe to the fund 
which is for the benefit of the Congregational Society in 
Wrentham, within three months after the passing of this 
Act, shall be exempted from Taxation in said North Parish. 

Sect. 3d. And be it further enacted by the authority 
aforesaid, that the Inhabitants living south of the afore- 
said line and who are now considered as congregating at 
the North-Meeting-house, & wish to belong to the afore- 
said North Parish, shall be entitled to all Parochial powers, 
privileges, and immunities, and shall be equally subject 
to taxation, as those who live in the said North Parish : 
provided they shall give in their names to the Clerk of the 
said North Parish within three months from the passing 
of this Act. 

Sect. 4th. Be it further enacted, that at the expira- 
tion of Six months from the passing of this Act the real 



Acts, 1798. — Chapter 62. 87 

estates of the members of each Society, on which side so- in wrentham, 
ever of said line the same may be situated shall appertain miDfateriai 
to the Society to which the owner shall then belong, and p^^'p^*®*- 
shall remain liable to taxation for ministerial & parochial 
purposes in said Society forever. 

Sect. 5th. And be it further Enacted, that nothing Rights of prop- 
in this Act shall be construed to affect the rights of prop- affJcted. ° 
erty of any society or Individual within the Town of 
Wrentham, or any arrears, or just debts which have be- 
come due previous to this incorporation. 

Sect. 6th. And be it further enacted by the authority 
aforesaid that any Justice of the Peace in the County of peacrtotLue 
Norfolk, upon application made to him in writinor by two warrants for 
or more of the Inhabitants of said North Parish be & 
hereby is authorized to issue his warrant, directed to some 
suitable Inhabitant within the said North Parish, requiring 
him to warn the Inhabitants thereof, qualified by law to 
vote in Parish affairs, to meet at some convenient time & 
place, to choose such Officers, as Parishes are empowered 
to choose in the Months of March or April annually, & 
to transact all matters & things, necessary & lawful to be 
done in the said Parish. Approved February 26^ 1799. 



1798. — Chapter 62. 

[January Sesalon, ch. 29.] 

AN ACT PROVroiNG FOR THE SAFE KEEPING THE RECORDS OF 
THE SEVERAL NOTARIES PUBLIC IN THIS COMMONWEALTH. 

Sec. I. Be it Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That on the death, resignation or Disposal of 
removal from office of any Notary Public within this Com- ofXelse,*'**^ 
monwealth, the Records of the said Notary Public, to- ofrfmola?. 
gether with all the papers relating to the business of the 
Office, shall be deposited in the Office of the Clerk of the 
Court of Common Pleas for the same County in which 
the said Notary Public resided. And any Notary Public, 
who, on his resignation or removal from Office, shall neg- 
lect to deposit such Records & Papers in the Clerk's 
Office as aforesaid, for the space of three months, shall Penalties. 
forfeit and pay a sum not less than Fifty Dollars, nor 
more than Five hundred Dollars. And if any Executor 
or Administrator of any deceased Notary Public, shall neg- 
lect to lodge said Records or Papers as aforesaid, which 



88 



Acts, 1798. — Chapter 63. 



shall come into his hands, in the Clerk's Office for the 
space of three months after his acceptance of that trust, 
he shall forfeit and pay a sum not less than Fifty Dollars, 
nor more than Five hundred Dollars. And if any person 
shall knowingly destroy, deface or conceal any Records 
or Papers of any Notary Public, he shall forfeit & pay a 
sum not less than Two hundred Dollars, nor more than 
One thousand Dollars, & shall be moreover liable to an 
Action for damages by the party injured. 

Sec. II. Ajid be it further Enacted hy the Authority 
Clerks of Courts aforesaid, That it shall be the duty of the several Clerks 

or Common r^ • p 

Pleas directed, of the Courts of Common Pleas, to receive and safe keep 
all the Records and Papers directed by this Act to be de- 
posited in their Offices, and give attested copies of any of 
said Records or Papers, when required ; for which service 
each clerk shall be allowed the same fees as are or may be 
allowed by Law to Notaries Public. And copies so given 
by the said Clerks, are hereby declared to be as valid, as 
if the same had been given by the said Notaries. And all 
forfeitures under this Act, shall be one half to the Com- 
monwealth, the other half to him or them who shall sue 
for the same, to be recovered in an Action of Debt in the 
County where such Notary Public resided. 

Approved February 26^ 1799. 



Fees allowed. 



Appropriation 
of fines. 



Persons 
incorporated. 



Corporate 
name. 



To choose a 
President — 
have a Seal, 
&c. 



1798. — Chapter 63. 

[January Session, ch. 2S.] 

AN ACT TO INCORPORATE A SOCIETY BY THE NAME OF THE 
ROXBURY CHARITABLE SOCIETY. 

Section 1st. Be it enacted by the Senate & House of 
Representatives in General Court Assembled t6 by the 
Authority of the same. That the Honorable John Lowell, 
esquire, Mr. William Lambert, Reverend Eliphalet Porter, 
Honorable John Read esquire, Nathaniel Ruggles Esqr. 
Deacon Joshua Felton & Mr. John Williams with such 
others as have associated themselves for this purpose be 
& they hereby are constituted a Society and Body Politic 
& Corporate by the name of the Roxbury Charitable 
Society, & that they and their Successors & such other 
Persons as shall be legally elected by them shall be & con- 
tinue a Body Politic & Corporate by that name forever. 

Section 2d. And be it further enacted by the Author- 
ity aforesaid. That the Members of said Society shall have 
power to elect a President & all other necessary officers, 



Acts, 1798. — Chapter 64. «9 

& that the said Society shall have a common seal & the 
same may break, change & renew at pleasure ; & that the 
said Society, by the name aforesaid, may sue & be sued, 
prosecute & defend Suits to final judgment & execution. 

Section 3d. And be it further enacted that the said ^dLTand 
Society may make all proper & necessary orders & by- i>y-Law8. 
Laws for the Government of it's Members & Property not 
repugnant to the Laws of this Commonwealth. 

Section 4th. And be it further enacted, that the said ^X electfons. 
Society shall have power to make & establish rules for the ^*of|°g™^t®g"^^*' 
Election of it's Members & OflScers & for the times & 
places of holding meetings, & the same at pleasure to 
change, & shall be capable to hold real & personal estate 
by gift, grant, devise or otherwise, & the same to sell, 
alien & convey ; Provided however^ that the real estate 
which said Society shall hold shall never exceed the value 
of Twenty thousand dollars & that the personal property 
thereof shall not exceed the sum or value of Thirty Thou- 
sand Dollars. 

Section 5th. ^nc? 6e «</wWAer ewac^etZ that the Hon- First meeting. 

orable John Read esqr. be & he hereby is authorized & 
impowered to warn the first meeting of said Society at 
such time & place as he shall think proper. 

Approved February 26 ^ 1799. 

1798.— Chapter 64. 

[January SeBsion, cb. 32.] 

AN ACT SPECIFYING THE EVIDENCE TO ACCOMPANY ACCOUNTS 
EXHIBITED FOR THE SUPPORT OF THE POOR OF THE COMMON- 
WEALTH. 

Sect. 1st. Be it enacted by the Senate and House 
of Representatives, in General Court Assembled, And by 
the Authority of the same. That the Selectmen or Over- ^^^^Hl ^° ^^ 
seers of the poor in the several Towns & districts within 
this Commonwealth when they shall make Application to 
the General Court for payment of any expences which 
may have accrued for supporting any poor person, shall 
be required to make and exhibit a Certificate, setting 
forth the place from whence such person came, the time 
of his or her coming into this Commonwealth, and where 
he or she shall have resided subsequent to his or her com- 
ing into the same, and that he or she has not gained a 
Settlement in any Town or district within the Common- 
wealth in any of the ways pointed out in An Act, passed 



90 



Acts, 1798. — Chapter 65. 



Resolve 
repealed. 



Boundaries. 



February Eleventh, in the year of our Lord seventeen 
hundred and Ninety four, specifying what shall constitute 
a legal settlement. And also that he or she has no kin- 
dred within the Commonwealth by law obliged to support 
him or her ; And in case such person came into this Com- 
monwealth before the tenth day of April, in the year of 
our Lord seventeen hundred and sixty six ; whether he or 
she was warned according to law to depart from the Town 
or district wherein he or She resided ? And if such Appli- 
cation be for payment of expences incured for the support 
of a Woman who shall have Married a person not an In- 
habitant of this Commonwealth, or for the child of such 
woman, then the said Selectmen or Overseers shall be re- 
quired to certify that such woman or child has no legal 
Settlement in any place in this Commonwealth, Accord- 
ing to the existing laws for determining questions of habi- 
tancy ; in all which certificates the said Selectmen or 
Overseers shall certify that they make the same on the 
best evidence they can obtain. 

Sect. 2d. Be it further Enacted, That a Resolve 
passed the twenty ninth day of February, in the year of 
our Lord One thousand seven hundred & ninety six, 
establishing the evidence to accompany Accounts exhib- 
ited for the support of the state poor, be and hereby is 
repealed. Approved February 26, 1799. 



1798. — Chapter 65. 

[January Session, ch. 33.] 

AN ACT TO SET OFF A TRACT OF LAND FROM THE TOWNS OF 
ATHOL AND GERRY, AND TO ANNEX THE SAME TO THE TOWN 
OF ROYALSTON. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same. That a Tract of Land bounded as followeth, 
vizt. Beginning on Royalston line at a heap of stones, 
thence runing South Fifty three degrees thirty minutes 
West sixteen rods and sixteen links to a heap of stones, 
by a large White Pine stump on the bank of Miller's 
River — thence running South, crossing said River into 
the Town of Gerry, nine rods & nineteen links to a large 
stone with a hole drilled in the top ; thence South seventy 
degrees East three rods to a heap of stones on the bank 
of said River — thence North four rods and nineteen links 



Acts, 1798. — Chapters 66, 67. 91 

to the middle of said River, being the line between Athol 
and Gerry ; — thence up the middle of said River to 
Royalston line ; thence North five degrees West seven- 
teen rods to the bounds first mentioned, be and hereby is 
set ofi'from the Towns of Athol and Gerry and annexed Koyluton!' 
to the Town of Royalston. Approved February 26, 1799. 

1798. — Chapter 66. 

[January SeseioD, ch. 31.] 

AN ACT TO CONTINUE IN FORCE AN ACT PASSED IN THE YEAR OF 
OUR LORD, ONE THOUSAND, SEVEN HUNDRED AND NINETY 
SIX, ENTITLED "AN ACT ESTABLISHING AND REGULATING 
THE FEES OF THE SEVERAL OFFICERS AND OTHER PERSONS 
HEREAFTER MENTIONED, AND FOR REPEALING THE LAWS 
HERETOFORE MADE FOR THAT PURPOSE.*' 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the Authority 
of the same, That the said Act be, and hereby is continued 
in force until the last day of August, in the year of our 
Lord one thousand and eight hundred, any thing in any 
Act to the contrary notwithstanding. 

Approved February 26, 1 799. 



1798. — Chapter 67. 

[January Seeeion, ch. 40.] 

AN ACT FOR REGULATING THE MANUFACTURE AND SALE OF 

BREAD. 

Whei'eas it is exjjedient that so necessary an article of Preamble. 
consumption as Bread should be so far regulated, that the 
citizens of this Com7no7iwealth might not be exposed to 
fraud as to the 2veight of bread; & as it is highly reason- 
able that bread, like every other article of commerce or man- 
ufacture, should be sold by S07ne common standard, easily 
discernable by the purchaser : 

Section 1 . Be it enacted by the Senate <& House of 
Representatives, in General Court assembled, & by the 
authority of the same. That from & after the first day of !^,gi*'^j^°''^ ^^ 
April next, all soft bread, whether baked in loaves or bis- 
cuit, which shall be exposed to sale by any baker, or other 
person, shall be sold by weight. 

Sect. 2d. Be it further enacted by the authority afore- 
said. That all soft biscuit, which shall hereafter be offered ^'*'=""- 
for sale, shall weigh four or eight ounces, & be marked 



92 



Acts, 1798. — Chapter 68. 



Loaves. 



Penalty. 



Former laws 
repealed. 



Act limited. 



with the maker's name ; and all loaves of soft bread, shall 
be of some one of the following weights, viz : one pound, 
two, three, or four pounds & if any baker, or other per- 
son, shall offer or expose to sale, any soft bread, or bis- 
cuit, which shall not severally conform to one of the 
weights before mentioned, every such person so offend- 
ing shall forfeit & pay the sum of ten Dollars, to be re- 
covered by action of debt before any Justice of the Peace, 
within & for the County where such offence shall happen, 
by any person who shall sue for the same, together with 
legal cost ; one half of the penalty aforesaid to be to his 
own use, & the other half to the use of the poor of the 
town where such baker resides. 

Sect. 3. And be it further enacted, That all laws here- 
tofore made for regulating the assize of bread, be, and 
hereby are repealed, from & after the first day of April 
aforesaid ; excepting so -far as relates to the recovery of 
any forfeiture, fine, or penalty incurred, or which may be 
incurred , previous to that time by a breach of any of said 
laws. 

Sect. 4th. Be it further enacted. That this Act shall 
continue & be in force two years from & after the said 
first day of April next. Approved February 26, 1799. 



Preamble. 



1798. — Chapter 68. 

[January Session, ch. 34.] 

AN ACT TO CONFIRM THE SALES BY THE SOUTH PARISH IN SCIT- 
UATE IN THE COUNTY OF PLYMOUTH OF CERTAIN LANDS 
GIVEN FOR THE USE OF THE MINISTRY IN SAID PARISH, AND 
TO INCORPORATE CERTAIN PERSONS AS TRUSTEES TO MAN- 
AGE THE FUNDS RAISED BY SAID SALES FOR THE PERMANENT 
SUPPORT OF THE GOSPEL MINISTRY IN SAID PARISH. 

Whe7'eas the Inhabitants of the South Parish in Scituate 
aforesaid, by agreement with and consent of the Reverend 
David Barnes their present Minister, sold and conveyed 
their Parsonage Lands, given as aforesaid for the purpose 
of raising a Fund for the support of their present Minister 
and his Successors as Gospel Ministers, legally settled, by 
said Parish in succession forever ; the proceeds from the 
said sales having been loaned to the Public, and I'aised a 
Fund of Seven thousand, three hundred <& forty seven 
Dollars and thirty three cents, and said Parish having 
appropriated the annual Interest of the said Fund for the 
piirpose aforesaid, & having petitioned the Legislature for 



Acts, 1798. — Chapter 68. 93 

an Act to confirm the said iSales^ and to incorporate certain 
persons for the due management of said Fund: 

Sec. I. Be it Enacted by the Senate & House of Rep- 
resentatives in General Court assembled and by the au- 
thority of the same, That the said Sales be and are hereby saieconfirmed. 
confirmed, & that Elijah Turner, Elisha James, Charles Trustees 
Turner junr. Samuel Tolman and Joshua Jacobs all of "pp"'"^ 
said Scituate, be and they are hereby appointed and in- 
corporated Trustees for the due management of the said 
Fund, to receive and hold the whole of the Monies and 
Securities appropriated as aforesaid, to the amount of 
Seven thousand, three hundred & forty seven Dollars and 
thirty three Cents, in trust for the use and benefit of said 
Parish & the permanent support of a Gospel Minister, and 
shall constitute a body Politic & Corporate to have per- 
petual Succession, for the due & faithful management of 
said Trust, and shall be vested with all powers incident to 
Corporations, necessary or requisite for that purpose. 

Sec. II. Be it further Enacted that the Trustees be- Fnndiimited. 
fore mentioned & their Successors in Office be & hereby 
are vested with sufficient power to receive all such Securi- 
ties & monies as are now in the hands of the Treasurer of 
said Parish or any other person, or that may be made, 
given or subscribed to the use aforesaid : Provided the interest 
same do not exceed Eight Thousand Dollars in the whole, to sapportl 
& continue or 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 therefrom to pay the 
salary of such Minister as aforesaid, as the majority of 
the Church & Congregation in said Parish have or may 
settle ; But not in any case to lessen or make use of any 
part of the principal ; And in case the whole of the said 
anual Income & Interest should be more than sufficient to 
pay the Salary as aforesaid, then the surplus shall be ap- 
propriated to pay other necessary charges of said Parish, 
as said Parish may from time to time order & direct. 
And if it shall so happen that said Trustees shall become case of posses- 
seized of Lauds or Tenements by levying Executions for 
the discharge of Debts due to said Trustees or Parish, or 
as security for the payment of Debts due to said Corpora- 
tion, and the Fee thereof shall in due course of law be 
vested in them, it shall be lawful for the said Trustees for 
the time being, to make and execute good & well authen- 
ticated Warrantee Deeds of the same . Provided the Sale 



94 



Acts, 1798. — Chapter 69. 



Trustees to 
make an aoDual 
statement. 



Vacancy among 
the trustees, 
how to be 
supplied. 



thereof be concluded on at an}- Legal Meeting of said 
Parish. 

Sec. III. Be it further Enacted Tiiat said Trustees 
shall make annual Return in writing of their proceedings 
& disbursements, and lay the same before said Parish at 
their annual Meeting in March or April for their inspec- 
tion. 

Sec. IV. Be it further Enacted that when any vacancy 
happens among the said Trustees or their Successors, 
either by death resignation or removal, the said South 
Parish at any Parish Meeting legally warned for that pur- 
pose, shall fill up said Vacancy within three Months after 
it shall happen ; and if the said Parish neglect so to do 
within that time, then the said Trustees by a major Vote 
shall have power to fill up such Vacancy. 

Approved February 26, 1799. 



Boundaries. 



Set off from 
Digbton and 
annexed to 
Berljley. 



Proviso. 



1798. — Chapter 69. 

[January Session, ch. 35.] 

AN ACT TO SET OFF PART OF THE TOWN OF DIGHTON IN THE 
COUNTY OF BRISTOL, AND TO ANNEX THE SAME TO THE TOWN 
OF BERKLEY IN SAID COUNTY. 

Sect, 1. Be it Enacted hy the Senate and House of 
Representatives in General Court assembled and by the 
Authority of the same, that all the Lands called Assonet 
Neck, lying within the following Bounds, now belonging 
to the Town of Dighton in the County of Bristol, to wit. 
Beginning at the head of a Cove called Smith's Cove, a 
bound between the said Towns of Dighton and Berkley, 
and running Southwesterly by said Cove on the line be- 
tween the Towns aforesaid to the Great River ; then run- 
ning down Stream by said River till it comes to Assonet 
River ; then up Stream on Assonet River, till it comes to 
the line of the Town of Freetown ; then running North- 
easterly on said Freetown line, till it comes to the line 
of said Town of Berkley ; then North w^esterly on said 
Berkley line to the place of beginning, at the head of the 
Cove, with the Inhabitants thereon be, and the same are 
hereby set ofl'from said Town of Dighton and annexed to 
said Town of Berkley. Provided that the Inhabitants liv- 
ing on said Tract of Land, shall be holden to pay their 
proportion of all legal Taxes which have been assessed, 
ordered or voted to be laid on said Dighton by the Inhab- 



Acts, 1798. — Chapters 70, 71. 95 

itants thereof, or by the General Court, in the same 
manner as though this Act had never passed. 

Sect. 2. Be it further Enacted, that the Inhabitants Phyiiis ware to 
set oif as aforesaid, shall be holden to support Phyllis *'^"pp'""'^ 
Ware, a Negro Woman, one of the Poor of said Town of 
Dighton, from & after the fourteenth day of April next, 
for their proportion of the Poor of said Town of Dighton. 

Sect. 3. And be it further Enacted, That in all State Berkleys 
Taxes which shall hereafter be granted by the General Snaxe"'*" 
Court of this Commonwealth, until a new Valuation shall 
be settled. One eighth part of the Taxes which would 
have been set to the Town of Dighton according to the 
last Valuation, shall be taken therefrom and set to the 
said Town of Berkley. February 26, 1799 * 



1798. — Chapter 70. 

[January Beesion, ch. 36.] 

AN ACT ALTERING THE NAME OF WILLIAM ROBERTS TO WIL- 
LIAM LEATE ROBERTS. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled <& by the authority of the 
same, That from and after the passing of this Act, Wil- change of 
liam Roberts of Boston in the County of Suflblk, son of 
John White Roberts late of said Boston deceased, be and 
hereb}^ is authorized & empowered to take, use and bear 
the Name of William Leate Roberts, and by that name to 
be hereafter known and called in all Processes & Records 
whatsoever. i February 26, 1799 * 

1798. — Chapter 71. 

[January Seasion, ch. 37.] 

AN ACT FOR ESTABLISHING AN ACADEMY IN THE SOUTH PRE- 
CINCT OF BRIDGEWATER BY THE NAME OF BRIDGEWATER 
ACADEMY. 

Whereas the Revd. Zedekiah Sanger and others have preamble. 
subscribed the Sum of three thousand dollars for the pur- 
pose of erecting and supporting an Academy in the South 
Precinct of Bridgewater in the County of Plymouth, and 
it appears, that said Precinct is a suitable place for such 
an institution. 

* Date of approval not given. 



96 



Acts, 1798. — Chapter 71. 



TrueteeB. 



Corporate 
name. 



May bold 
estates. 



Trustees may 
appoint officers. 



— remove a 
trustee. 



Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, <& by the au- 
thority of the same that there be & hereby is established 
in the South Precinct of Bridgewater in the County of 
Plymouth, an Academj^ by the name of Bridgewater 
Academy for the purpose of promoting piety, religion & 
morality and for the education of youth in such languages 
& in such of the liberal arts & sciences as the Trustees 
hereinafter named shall direct, and that the Revd. Zede- 
kiah Sanger, the Revd. Gad Hitchcock, the Revd. Joseph 
Barker, the Revd. Samuel Niles, the Revd. Ephraim 
Briggs, the Honble. William Sever, the Honble. Nathan 
Gushing, the Honble. George Partridge, the Honble. 
Joshua Thomas, the Honble. Isaac Thompson, the Honble. 
Beza Hayward, the Honble. Ephraim Spooner, The 
Honble. Daniel Howard, Abraham Holmes, Elisha Rug- 
gles, Noah Fearing, Kilborn Whitman, Daniel Howard 
Junr. John Nelson, Benjamin Whitman, Elijah Bisbee, 
Nehemiah Cobb, Charles Turner, Nehemiah Bennett, and 
Nahum Mitchell Esquires, Doctr. Isaac Winslow, & Mr. 
William Davis, be & hereby are incorporated into a body 
politic by the name of the Trustees of Bridgewater Acad- 
emy, & that they & their successors shall be and continue 
a body politic & corporate by the same name forever. 

Sect. 2d. Be it farther enacted. That all the monies, 
lands, or other property and things already subscribed 
and given, or which shall be hereafter given, granted, 
devised, bequeathed, transferred or assigned to the said 
Trustees for the purposes aforesaid or either of them 
shall be confirmed to the said Trustees and their success- 
ors in that trust forever ; And that the said Trustees may 
have and hold in fee simple by gift, grant, devise, bequest 
or otherwise any or all lands, tenements hereditaments 
and other estate real or personal, provided the annual 
income thereof shall not exceed the sum of five thousand 
Dollars, and may sell and dispose of the same & apply 
the rents, issues, & profits thereof in such manner as the 
end & design of the said institution in their discretion 
may require. 

Sect. 3d. Be it further enacted that the said Trustees 
shall have power from time to time to elect such officers 
of the said Academy as they shall judge necessary & to 
fix the tenures of their respective Offices ; to remove any 
trustee from the Corporation, when in their opinion he 



Acts, 1798. — Chapter 71. 97 

shall be incapable by reason of Age or otherwise of dis- 
charging the duties of his Oflfice ; to fill all vacancies in 
said Corporation ; to determine the time & places of the 
meetings of said Corporation, the manner of notifying, 
& the method ol electing & removing Trustees ; to elect, ^f^y^^^^^g^^, 
& prescribe the powers & duties of, the OfBcers of said 
Corporation, & also prescribe the powers & duties of the 
Preceptor, teachers, & all other Officers of the Academy ; 
and to make & ordain reasonable rules, orders & bye- 
laws, not repugnant to the laws of this Commonwealth 
with reasonable penalties, for the good Goverment of said 
Academy. 

Sect. 4th. J^e it further enacted, that the said Trus- Mayhaveaseai. 
tees may have a common seal, which they, at pleasure, 
may break, alter & renew ; & that all deeds signed & 
sealed with such seal delivered & acknowledged by the 
Secretary of said Corporation by Order of the said Trus- 
tees shall be good & valid in law ; & that the said Trus- May sue and be 
tees may sue & be sued in all actions real personal & *"* ' 
mixed and prosecute and defend the same to final Judge- 
ment & execution by the said name of incorporation. 

Sect. 5th. Be it further enacted, that the number of ^X'^ee's"^ 
the Trustees of said Academy shall not, at any one time limited. 
exceed the number herein incorporated as aforesaid nor 
be less than fifteen ; eight of whom shall constitute a quo- 
rum for doing business. 

Sect. 6. Be it further enacted that there be & here- Land granted, 
by is granted to said Trustees & to their successors for 
the purposes aforesaid one half a Township of Six miles 
square of the unappropriated lands belonging to this Com- 
monwealth in the District of Maine excepting the Town- 
ships on Penobscot River to be laid out & assigned to 
them by the Committee for the Sale of Eastern lands, 
under the restrictions & reservations made in similar 
grants. 

Sect. 7th. And be it further enacted thdX the Honble. First meeting. 
Beza Hay ward Esq. be & hereby is authorised to fix the 
time & place for holding the first meeting of said Trus- 
tees & to notify them thereof. 

Approved February 26, 1799. 



98 Acts, 1798. — Chapters 72, 73. 



1798. — Chapter 73. 

[January SesBion, ch. 39.] 

AN ACT TO ANNEX THE TOWNSHIP NUMBER FOUR, IN THE FIRST 
RANGE, NORTH OF THE WALDO PATENT, TO THE COUNTY OF 
KENNEBECK. 

Whei^eas the said Township now lies partly in the 
County of Kennebeck and partly in the County of Han- 
cock^ and many inconveniences may arise therefrom — 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, That Township Number four, io the first Range, 
North of the Waldo Patent be, and hereby is, annexed to 
the County of Kennebeck. 

Approved February 28, 1799. 

1798. — Chapter 73. 

[January Session, ch. 38.] 

AN ACT TO PROHIBIT THE TAKING OF STONES, GRAVEL OR SAND 
FROM THE BEACHES IN THE TOWN OF CHELSEA. 

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

Removal of Authoriiv of the same. That from and after the i^assins; of 

prohibited. t^jg Act, it shall uot 1)6 lawfull for any person, or persons, 
to take, carry away, or remove, by Land, or by Water, 
any Stones, Gravel, or Sand, from an}'^ of the Beaches, or 

Exception, Shorcs in the said Town of Chelsea, excepting that part 
of the Beach, which is included between the Point of 
Pines so called, and a Cedar Post standing on the Beach 
about three hundred and fifty Rods south west from said 
Point of Pines. 

Sect. 2. And be it further Enacted by the Authority 

Penalty. aforcsaid. That any person or persons, who, contrary to 

the intent of this Act, shall take, carry away or remove 
any Stones, Gravel, or Sand from any of the Beaches, or 
Shores in said Town of Chelsea, excepting the portion of 
Beach between the Point of Pines, and the Post aforesaid, 
shall forfeit and pay two dollars for each and every Ton 
of Stones, Gravel, or Sand, so taken, and carried away, 
and in proportion for a greater or lesser quantity, one 
moiety of said penalty to the use of the Prosecutor ; and 
the other moiety to the use of said Town, to be recovered 
by action of debt in any Court proper to try the same. 

Approved February 28, 1799. 



Acts, 1798. — Chapter 74. 99 

1798. — Chapter 74. 

[January Session, ch. 41.] 

AN ACT TO SETT OFF PART OF THE TOWN OF WOBURN IN THE 
COUNTY OF MIDDLESEX AND TO INCORPORATE IT INTO A 
TOWN BY THE NAME OF BURLINGTON. 

Be it enacted by the Seriate and House of Representatives 
in General Court assembled and by the Authority of the 
same, that the Northwesterly part of the Town of Woburn, Boundaries, 
comprehending a part of the two Parishes in said Town con- 
tained within the folio winsj described line : Viz : beirinnincr 
at the most southwardly angle of the Town of Wilmington 
at a stake and heap of stones near Cold Spring bridge, so 
called, from thence running south about two dejrrees west 
about three hundred and ninety rods to a white oak tree 
marked at the south Etist Corner of Isaac Marion's birch 
pasture, so called, from thence south nine degrees thirty 
minutes west, one hundred and seventy rods to a heap of 
stones at the southwest corner of Land, which Deacon 
Timothy Winn now owns, purchased of Jonathan Wy man's 
heires, from thence south sixty six degrees west thirty four 
rods and seven tenths crossing a road to a heap of Stones 
at the northeast corner of a Yard, north of Joseph Winn's 
barn, thence south fourteen degrees thirty minutes east, 
sixty five rods and five tenths to a wall in said Joseph 
Winn's Land, thence south, seventy six degrees west two 
hundred and twenty rods to a heap of stones at the south 
west corner of Josiah Walker's field thence south eight 
degrees thirty minutes east five rods fifteen links to the 
southeast corner of Ezra Wyman's land, thence south 
fifty degrees west thirty eight rods on said Wyman's Land 
to a bend in a Stone W^all, thence south seventy eight 
degrees thirty minutes west twenty nine rods by said 
Wyman's Land to a stone wall, thence south sixty seven 
degrees west thirty two rods to the County Road in front 
of said Wyman's dwelling house, thence the same course 
untill it intersects the present established line between 
the two Parishes in said Woburn, supposed to be about 
eight rods, thence on said established line four hundred 
and nine rods to Lexington line, thence all other wa3^s, 
as the said second Parish is bounded by the Towns of 
Lexington, Bedford, Billerica and Wilmington, until it 
comes to the first mentioned bounds, together with the 
inhabitants thereon be and they hereby are incorporated incorporated. 



100 



Acts, 1798. — Chapter 74. 



Taxes. 
Debts. 



Property. 

Paupers. 
Roads. 



Valuation. 



into a Town, by the Name of Burlington, and the said 
Town is hereby invested with all the powers, priviledges 
and immunities, which other Towns in this Commonwealth 
do or may enjoy. 

And be it further Enacted by the authority aforesaid, 
that the inhabitants of the said Town of Burlington shall 
pay all the arrears of Taxes, which have been assessed upon 
them by the Town of Woburn : And the Inhabitants of 
said Town of Burlington shall pay their proportion of all 
debts now due from the Town of AVoburn and shall be 
intitled to receive their proportion of all debts and monies 
now due to said Town of Woburn, and also their propor- 
tionable part of all other property of the said Town of 
Woburn of what kind, or description soever, and also 
shall take and support their proportionable part of the 
paupers, that now belong to the said Town of Woburn. 

And be it further Enacted by the authority aforesaid, 
that the County Iloads now laid out within the said Towns 
of Woburn and Burlington, and not opened shall be di- 
vided into equal proportions agreeable to the last valua- 
tion ; and said Towns of Woburn and Burlington shall at 
their own expence, open, clear out, bridge, caus[ejway, 
and put in good passable repair for teams and Carriages 
their said proportion of the said Roads within the time 
limited by the Court of General sessions of the Peace for 
the County of Middlesex ; and in case of an}^ disagree- 
ment between the said Towns of Woburn and Burlington 
with respect to the division of said Roads, the said Court 
of General Sessions of the Peace for said County may on 
application from either party, make or order such divi- 
sion : Provided however, that when the said Roads shall 
be put in repair as aforesaid the said Towns of Woburn 
and Burlington shall maintain, and keep in repair the 
Roads lying within their respective Boundaries. 

And be it further Enacted by the authority aforesaid, 
that until a new General Valuation is taken, the State 
Taxes, which may be called for from said Towns of Wo- 
burn and Burlington shall be levied in such proportions 
as shall be agreed on by the Inhabitants of the said 
Towns ; and if the said Towns shall not agree, then un- 
less one of the said Towns shall exhibit to the General 
Court evidence, that the proportion ought to be otherwise 
established, the proportion of the said Town of Burling- 
ton shall be at the rate of one third of the Sum which by 



Acts, 1798. — Chapter 75. 101 

the last valuation is set to the whole of the said town of 
Woburn. 

And be it further Enacted, that John Walker Esq. be officers. 
and hereby is authorized and directed to issue his warrant 
directed to some principal Inhabitant of said Town of 
Burlington, requiring him to warn and give notice to the 
Inhabitants of said Town to meet at some suitable time 
and place in the said Town to choose all such oflSlcers as 
Towns are required by law to chuse at their meeting in 
March or April annually. Approved February 28, 1799. 



1798. —Chapter 75.* 

[January Session.] 

AN ACT TO APPORTION & ASSESS A TAX OF ONE HUNDRED & 
THIRTY THREE THOUSAND FOUR HUNDRED & THIRTY FIVE 
DOLLARS & THIRTEEN CENTS — & PROVIDING FOR THE RE-IM- 
BURSEMENT OF T«WENTY ONE THOUSAND FOUR HUNDRED & 
THIRTY 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 GEN- 
ERAL COURT. 

Section 1st. Be it enacted by the Senate i& House of 
Representatives in General Court Assembled, & by the 
Authority of the same, That each Town , District, Planta- 
tion & other place herein after named within this Com- 
monwealth, shall be assessed & pay the several sums with 
which they stand respectively charged in the following 
Schedule vizt. 



Not printed in session pamphlet. 



102 



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Acts, 1798. — Chapter 75. 121 

Sect. 2. Be it further enacted. That the Treasurer of 
this Commonwealth, do forthwith send his warrant di- 
rected to the Selectmen or assessors of each Town, dis- 
trict, plantation, or other place, within this Commonwealth, 
the Inhabitants whereof are taxed as aforesaid, requiring 
such Selectmen or assessors respectively, to assess in 
Dollars & Cents the sum hereby set upon such town, dis- 
trict, plantation, or other place in manner following, that 
is to say, all the male polls above the age of sixteen 
years, within their respective towns, districts, plantations, 
or other places adjoining them, belonging to no other 
town, district or plantation, (provided such places were 
returned in the last valuation) all the polls aforesaid, be- 
ing Minors, apprentices, or servants, under the Govern- 
ment 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 respectively, 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, or 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, plan- 
tation, or other place, and all other persons, possessing 
estates within the same, according to the proportion of the 
amount of the Just value of their respective personal 
estates, including monies at Interest more than they pay 
interest for, although the same be secured by an absolute 
conveyance of real estate, if a bond of defeasance or 
promise of conveyance has been given, & 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, 



122 Acts, 1798. — Chapter 75. 

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 & upwards, & swine of six months old & up- 
wards, & all other property of the several kinds returned 
in the last valuation, (excepting sheep, hous[e]hold fur- 
niture, wearing apparel, farming utensils, & tools of me- 
chanics) 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 enumer- 
ated articles, at six joer 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 
Inhabitants, within their respective precincts as aforesaid 
from any profession, handicraft, trade, or employment, 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, set- 
ting forth in distinct columns against each persons 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 ; & also 
to insert in their rate bills, the number of acres of unim- 
proved 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 compleated & signed by them in man- 
ner 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 & 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 & Eight hundred ; 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 ^j^to the said 
Treasurer, some time before the first day of December 
next. 

Sect. 3d. And Whereas there are many persons 
within this Commonwealth, who are engaged in trade, 



Acts, 1798. — Chapter 75. 123 

and who almost entirely negociate their business, and hire 
shops, stores, and wharves in other towns, than where 
they dwell or reside, & 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 
towns, 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, and improved in such towns, other than 
where they reside & not in the towns where such persons 
dwell or reside ; and they shall accordingly give in on 
oath if required, a list of their whole estates, respec- 
tively, 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 re- 
spectively reside or have their home : Provided always, 
that this clause be not in any case so construed, as to en- 
able 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 President, Professors, Tutors, Librarian, 
& Students of Harvard, Williams, and Bowdoin Colleges, 
who have their usual residence there, & who enjoy no 
other pecuniary office or employment, also ministers of 
the Gospel and Latin Grammer School masters, are not 
to be assessed for their polls & 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 improvement 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 & estates : & if there 
be any others, who by reason of age, infirmity, or pov- 
erty are unable to pay towards the public charges, & 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 theii- 
oaths shall deem just and equitable. 



124 Acts, 1798. — Chapter 75. 

Provided however^ that if the inhabitants of the Town 
of Cambridge shall, within one year from the passing of 
this Act, give satisfactory evidence to the General Court 
that in virtue of the operation of this Act, real estate 
belonging to the Corporation of Harvard College afford- 
ing a net income of more than five hundred pounds, as 
stated in the Charter of said College, is exempted from 
Town and Parish taxes, the amount of all taxes to the 
town & Parish on such excess shall thereupon be paid out 
of the public Treasury. 

Sect. 5th. And he it further enacted, that the Jus- 
tices of the Peace, at their several sessions, in their 
respective Counties, when duly authorised for the asses- 
ment of a County tax, shall apportion the same on the 
several Towns, districts, plantations & other places, in 
their respective Counties as aforesaid, in the respective 
proportions of this tax; and the assessors of each town, 
parish, district or other place, within this 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 toward 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, & col- 
lect any County, town. Parish, or Society tax, and 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 meeting warned for 
that purpose. And the assessors of the several Towns, 
which by this Act are charged with the pay of Represent- 
atives, shall assess such additional sum on the Polls and 
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, four hun- 
dred & thirty five Dollars & thirteen cents. 

Sect. 6th. 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 



Acts, 1798. — Chapter 76. 125 

the sum by this Act assessed on the lauds belonging to 
the Plymouth Company so called, & shall issue his war- 
rant to the Sheriflf 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 of 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 authorised & directed to proceed in collecting the 
taxes laid on non resident Proprietors of unimproved 
lands, & to be paid into the Treasury of this Common- . 
wealth on or before the first day of April in the year of 
our Lord One thousand & eight hundred. 

Sect. 7th. And be it further enacted, that no order 
shall be drawn by the Treasurer of this Commonwealth 
on any Constable or Collector of this Tax for any part of 
the same. 

Sect. 8th. And be it further enacted, that Twenty 
thousand Dollars of the sum ordered to be assessed & 
paid by this Act, be, and hereby is appropriated towards 
paying the Interest on the Public Debt ; and the residue 
for defreying the expences of Government. 

Approved February 28, 1799. 

1798. — Chapter 76. 

[January Session, ch. 42.] 

AN ACT TO ALTER THE TIME OF HOLDING THE COURTS OF 
GENERAL SESSIONS OF THE PEACE AND COURT OF COM- 
MON PLEAS IN THE COUNTY OF WASHINGTON. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the Authority of 
the same; That an Act entitled "an act determining at <t°"'*«^° ««' °° 

' . O the 3a Tuesday 

what time and place the Courts of General Sessions of of Aug. 
the Peace, and Courts of Common pleas shall be holden 
within the County of Washington" be, and the same 
hereby is repealed ; and that from and after the passing 
of this Act, the said Court of General Sessions of the 
Peace, and Court of Common Pleas shall be holden at 
Machias in the said County of Washington on the third 
Tuesday of August annually ; and that all writs, recog- 
nizances and processes which have been, or may be com- 
menced to, or taken for, either of said Courts, to be 



126 Acts, 1798. — Chapter 77. 

holden at Machias on the first Tuesday of October next 
shall be returnable to, be entered, have day in, and be 
proceeded upon in the said Courts to be holden on the 
said third Tuesday of August next ; and all matters and 
things be done and performed by said Courts on the 
said third Tuesday of August, in the same manner as 
they might have been done, and performed by the said 
Courts on the first Tuesday of October next, if this Act 
had not been passed. Approved March i, 1799. 



1798. — Chapter 77. 

[January Session, ch. 44.] 

AN ACT IN ADDITION TO AN ACT ENTITLED, "AN ACT FOR GIVING 
REMEDIES IN EQUITY." 

Sect. 1st. Be it enacted hy the Senate & House of 

Representatives, in General Court assembled, tC by the 

Right of authority of the same, That where any mortgagee or ven- 

redemption. , r r , , ^ i 

dee, clamiing any lands or tenements granted upon con- 
dition by force of any deed of Mortgage or bargain and 
Sale with defeasance, or any person claiming and holding 
under them, have lawfully entered & obtained, or shall 
lawfully enter & obtain the actual possession of such 
Lands or tenements, for the condition broken, the Mort- 
gagor or vendor, or other person lawfully claiming under 
them, shall have right to redeem the same, at any time 
within three years, next after such possession obtained, 
and not afterwards ; & upon payment, or tendering of 
payment, of the original debt & damages, with lawful 
interest & costs, or performing or tendering performance 
of such other condition as the case may require, or such 
part thereof as was remaining unpaid or unperformed at 
the time of such entry, together with such further reason- 
able sums as may have been disbursed and expended in 
necessary repairs of fences & buildings, and for the ad- 
vancing & bettering such estate, over & above what the 
rents & profits ther[e]of, upon a Just computation, shall 
amount to, to such Mortgagee, Vendee or Person, law- 
fully claiming & holding under them, & in possession as 
aforesaid, within the time aforesaid, such Mortgagee Ven- 
dee, or other person claiming, & in possession, as afore- 
said, to whom such tender has been or shall be made, 
shall be obliged, to accept such payment or other per- 
formance of the condition, & thereupon to restore and 



Acts, 1798. — Chapter 77. 127 

deliver possession of such estate ; and seal, execute, 
acknowledge, & deliver a good & sufficient Deed in the 
law of release & quit claim, and all his right therein to 
the person making such tender, having lawful right to 
redeem the same. And if on payment or tendering Process in case 

of refiiflfll of 

of payment, performing or tendering of performance, mortgagee to 
as aforesaid, such Mortagee, Vendee, or person lawfully 'eiease estate. 
claiming or holding under them, & in possession as afore- 
said, doth or shall refuse or neglect to deliver possession, 
& release his right in such estate, as aforesaid, such Mort- 
gagor, Vendor, or other person lawfully claiming, as afore- 
said, may have his Bill in equity, originally triable in the 
Supreme Judicial Court or Court of Common Pleas in the 
County where the Estate lies, and shall insert the same in 
a writ of attachment or original summons, returnable to 
the Court, whose seal it shall bear, & shall cause such 
writ to be served on the adverse party as other writs of 
attachment, or original summons are by law to be served. 
Sect. 2d. Be it further enacted hy the authority afore- 
said, That the Justices of either of said Courts are hereby court author- 
empowered & authorised to receive and hear every such according*to*^ 
cause as shall be brought before them, as aforesaid ; and ^i"''y- 
on consideration of the several Pleas & allegation made by 
either party (or by the party complaining only in case 
the other party upon being duly called does not appear 
but makes default) to decree & enter up Judgment therein, 
agreeably to equity and good conscience, and to award ex- 
ecution accordingly : and in case of the non appearance of 
the Party complained of, or of his refusal to accept such 
sum as the Court shall adjudge to be due, or to accept 
such other act or thing as the Court shall adjudge a reason- 
able & equitable performance of the condition of the deed, 
& thereupon to restore possession & execute a release, as 
aforesaid, such sum being left in the Custody of the Court 
on behalf and for the use of such party, or such other 
act or thing as the Court shall order and direct being done 
by the complainant. Judgment shall be entered up for the 
complainant to recover possession of such estate, and exe- 
cution shall issue accordingly : and the Court may, at 
their discretion, award costs to either party, as equity 
may require. Provided, That nothing herein contained Proviso, 
shall be construed to prevent an appeal from the Judg- 
ment of any Court of Common Pleas rendered upon any 
process given by force of this Act. 



128 Acts, 1798. — Chapter 77. 

^i?*"**?/. ™„ Sect. 3d. Be it further Enacted, That all rights in 

redemption may . ^ "^ ^ 

be attached and equitv of redeeming real estate mortsaged shall be liable 

sold for debt. ■ i , , i i '^ i® ®i 

to be attached on mesne process, and taken in execution 
upon Judgment for the payment of the just debts of the 
Mortgagor or owner : and the oflScer having such execu- 
tion is hereby authorized to make sale of the same at Pub- 
lic Vendue, and to make, execute, acknowledge, & diliver 
to the highest bidder good and sufficient Deed or Deeds 
of any estate so sold in manner as is hereinafter expressed. 
Sect. 4th. Provided always^ and Be it further En- 
sheriff directed acted, That the Officer shall give notice, in writing, of the 
esta^es^ilken"^' time & placc of salc to the debtor in person, or by leaving 
by execution, ^-^g same at his last & usual place of abode, & public notice 
of the said time & place of Sale, by posting up notifica- 
tions thereof, in two or more public places in the Town, 
District or plantation, in which such mortgaged estate is 
situated, and also in one or more public places in two ad- 
joining towns, thirty days, at least, before the time of 
sale ; & further, shall cause an advertisement of the time 
& place of sale, to be published three weeks successively 
before the day of sale, in some public Newspaper, printed 
in the County in which such real estate lies, if any such 
newspaper shall be there printed. And the notifications 
aforesaid, being given or posted up, within the space of 
thirty days after Judgment given whereon such execution 
shall issue, the attachment shall hold the equity attached 
as aforesaid, untill the levy of such execution can be com- 
pleated in manner hereinafter described. And in case the 
estate, notified for Sale, as aforesaid, shall not be dis- 
posed of at the time & place appointed, the Officer shall 
adjourn the vendue, not exceeding three days, & so from 
time to time untill the Sale shall be compleated. And 
the surplus monies (if any there shall be) arising from 
such sale, beyond satisfying the debt, costs, & necessary 
intervening charges, the Officer shall return to the debtor. 
Thedebtor Sect. 5th. Be it further enacted. That all Deeds 

further allowed i o t-i t i^ • t i n i /*• i 11 

to redeem. made & Jl,xecuted, as aforesaid, shall be as eiiectual, to all 
intents & purposes, to convey the debtors right in equity, 
aforesaid, to the purchaser, his heirs & assigns, as if the 
same had been made & executed by such Debtor or 
Debtors. Provided always, That every such Debtor shall 
have liberty to redeem the right in equity, so sold, within 
three years, next after the time of executing the Deed or 
Deeds thereof, in manner aforesaid, by paying the sum. 



Acts, 1798. — Chapter 77. 129 

which may by such sale have been satisfied on such execu- 
tion, with the Interest thereof, and also such Sum with 
the Interest thereof, as the purchaser may have paid to 
the Mort^ao-ee, his heirs & Assio;ns deductino; the rents & 
profits the purchaser, or any under him, may have received 
over and [& ] above the repairs & betterments made by 
the purchaser or any under him. 

Sect. 6th. Be it further Enacted y That when any caae of recovery 
action shall be brought & prosecuted on any bond or other bond, &c. 
specialty, with penalties, for the payment of sums of 
money, performance of covenants, contracts, agreements, 
matters, or things, to be done at several times, & the 
plaintifl:' recover the fortieture of such penalty, the Court 
shall enter up Judgment for the whole of such forfeiture, 
and award execution only for so much of the debt or 
damage as is due or sustained at that time, so always that 
the said judgment shall stand & be a security to the plaintifi", 
his Executors, & Administrators for any further & after 
payment or damages, he or they may have just right to, 
l3y the nonperformance or breach of the covenants, con- 
tracts, agreements, or things in such bonds, or other 
specialties contained, & who may have a Writ or Writs 
of scire facias on said Judgment from such Court, where 
the same was obtained against the defendant, his heirs 
executors, or administrators, suggesting other & further 
damages sustained by non-performance, or breach of such 
covenants, contracts, & agreements, & to summon him 
or them to shew cause why execution should not be 
awarded upon said Judgment for other & further damages, 
as set forth in the writ, & made out to the Court, upon 
which the Court shall proceed as aforesaid, as often as 
such damage shall accrue & be sued for as aforesaid ; or 
may have his Action of debt, or on the case, as the case 
may require for such payment or damages as aforesaid. 

Sect. 7tii. And be it further enacted, that an act for Former lawa 
hearing and determining cases in equity passed AD. 1698, 
An Act in addition thereto passed AD. 1735, And an 
Act in explanation of & further addition to the Act for 
making lands and tenements liable to the payment of 
debts passed the same year 1735, be & they hereby are 
K repealed. Provided nevertheless y that with regard to all 

■ suits & causes of suits, & all rights depending, existing, 

■ or required, under & by force of said Acts, or any of 
I them, they shall be considered as in full force. 

■ Approved March i, 1799. 

I 



130 



Acts, 1798. — Chapter 78. 



Inbabitants 
authorized. 



Regulations 
to be adopted. 



FiBhCommittee. 



Dama to be 
opened. 



Penalty for 
Illegally taking 
the fieb. 



1798. — Chapter 78. 

[January SeBsion, ch. 43.*] 

AN ACT TO REGULATE THE TAKING OF THE FISH CALLED ALE- 
WIVES IN MONATIQUOT RIVER IN THE TOWN OF BRAINTREE. 

Sect. 1. JBe it Enacted by the Senate & House of 
Representatives, in General Court assembled, and by the 
authority of the same, That the Town of Braintree at their 
Meeting in March or April, annually, may, and they are 
hereby authorized, to regulate the taking of the Fish 
called Alewives in Monatiquott River, by fixing upon the 
times, places & manner of taking said Fish and the price 
at which said Fish when taken may be sold, not exceeding 
Twenty five cents for one hundred Fish ; and also to 
direct their Committee to farm out or sell the privilege of 
taking said Fish. Which regulations, when made, shall 
remain in force for one year next ensuing, and afterwards, 
until new regulations, in manner aforesaid, shall be 
adopted by the Town. And it shall be the duty of said 
TowD, at their aforesaid Meeting, annually, to choose 
three discreet persons, whose duty it shall be to inspect 
said River — to cause the regulations respecting said Fish- 
ery to be carried into effect, & to prosecute all violations 
thereof, that shall come to their knowledge, and who shall 
also be sworn to the faithful performance of their duty in 
like manner and under like penalties as other Town 
OflScers. 

Sect. 2. Be it further Enacted, That the Owners or 
Occupiers of Dams across said River, shall during the 
time said Fish are passing up, open a passage through, 
over, or round their respective Dams, sufficient for the 
passage of said Fish, in the opinion of the Committee, 
under penalty of Ten Dollars for each and every twenty 
four hours that they shall neglect to open a passage, as 
aforesaid, from and after said Owner or Occupier has been 
notified & required, in writing, by said Committee, for 
the space of two days, so to do. 

Sect. 3. Be it further Enacted, That if any person 
shall make any weare across said river, or cause any ob- 
struction to the free passage of said Fish, or if any person 
shall presume to take any of said Fish, except at the 
places & on the days allowed by the Town ; or if any per- 



* Two chapters numbered 43 in session pamphlet. 



Acts, 1798. — Chapter 79. 131 

son other than the purchasers or Farmers of the said privi- 
lege, or those employed by them, shall presume, at any 
time, to take any of said fish ; or if the person, taking said 
Fish, shall sell them at a higher rate than what the Town 
shall allow, the person, so oftending, shall, for each offence, 
forfeit and pay a sum not more than five Dollars nor less 
than one Dollar, at the Discretion of the Justice, before 
whom the same may be tried. 

Sect. 4. Be it further Enacted, That all penalties. The committee 
incurred by a breach of any regulations respecting said ™nt wune^es. 
Fishery, may be sued for, before any Justice of the Peace 
for the County of Norfolk, by the Treasurer of said Town, 
& the Committee aforesaid may be competent Witnesses 
in any prosecution for a breach of this Act, notwithstand- 
ing they may be Complainants in said prosecution. 

Sect. 5. Be it further Enacted, That all fines, recov- Appropriation 
ered for the breach of this Act shall be for the use of the ° 
Town of Braintree. 

Sect. 6. Be it further Enacted, That the Committee committee to be 
chosen by virtue of this Act, shall be compensated for '°™p®°** 
their service by the Town of Braintree, at such rate as 
the Town shall agree upon at the time they are chosen. 

Approved March 1, 1799. 

1798. — Chapter 79- 

[January Session, ch. 45.*] 

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

WJiereas it appears that sundry ivell disposed persons Preamble. 
have erected a convenient building in Framingham in the 
County of Middlesex, & appropriated it to the use of an 
Academy ; to effect which generous design more fully, it is 
necessary to establish a body politic. 

Section 1. Be it therefore enacted by the Senate & 
House of Representatives in General Court assembled & by 
the authority of the same, that there be, & hereby is estab- "^°^^f.°?y . 
lished, in the Town of Framingham in the County of 
Middlesex, an Academy by the name of Framingham 
Academy, for the purpose of promoting piety, Religion 
and morality, and for the education of youth in such of 
the liberal Arts & Sciences as the Trustees shall direct ; 
and that the Reverend David Kellogg, Revd. Josiah Bridge, Trustee*. 

* Erroneously printed chapter 36 in session pamphlet. 



132 



Acts, 1798. — Chapter 79. 



Land granted. 



Proviso. 



Trustees to 
elect officers. 



May make 
bye-laws. 



& Eevd. Jacob Bigelow, Artemas Ward Junr. Jonathan 
Maynard, Jonathan Hale, Samuel Frost, Peter Cloyes & 
David Brewer Esquires be, & hereby are nominated & ap- 
pointed Trustees of said Academy ; and they are hereby 
incorporated into a Body Politick by the name of the 
Trustees of Framingham Academy ; and they & their 
successors shall be & continue a body politic by the same 
name forever. 

Sectn. 2d. And be it further enacted that the said 
Academy be endowed with a tract of land equal to one 
half of a township of six miles square of any of the un- 
appropriated lands within either of the Counties of 
Lincoln, Hancock, or Washington, excepting the lands on 
Penobscot River, to be laid out by the Committee for the 
sale of Eastern lands ; and that all the lands & monies 
heretofore given or subscribed or which for the purpose 
aforesaid, shall be hereafter given, granted and assigned 
unto the said trustees shall be confirmed to the said trus- 
tees & to their successors in that trust forever, for the 
uses which in such instruments shall be expressed : Pro- 
vided their annual income shall never exceed three thou- 
sand Dollars. And they shall ever apply the rents, issues 
& profits thereof, in such a manner as that the institution 
of the Academy may be most eflectually promoted. 

Section 3d. JBe it further enacted that the said trus- 
tees shall have full power from time to time, as they shall 
determine, to elect such officers of said Academy, as they 
shall judge necessary and convenient, & fix the tenures of 
their respective oflSces ; to remove any trustee from the 
corporation, when, in their opinion, he shall be incapable 
through age, or otherwise, of discharging the duties of 
his office ; to fill all vacancies, by electing such persons 
for trustees as they shall judge best ; to determine the 
times & places of their meetings ; the manner of notifying 
said trustees ; the method of electing or removing trus- 
tees ; to ascertain the powers & duties of their several 
officers ; to elect Preceptors and Ushers of said Academy ; 
to determine the duties of their offices ; to ordain reason- 
able rules orders & bye laws not repugnant to the Laws 
of this Commonwealth, with reasonable penalties for the 
good government of the Academy, & to ascertain the 
qualifications of students requisite to their admission ; & 
the same rules, orders and bye-laws at their pleasure to 
repeal. 



Acts, 1798. — Chapter 80. 133 

Section 4. Be it further enacted that the Trustees of ^ seal allowed, 
said Academy may have one common seal which they may 
change at pleasure ; and that the deeds signed & delivered 
by the Secretary of said trustees by their order and sealed 
with their seal, shall, when made in their name, be con- 
sidered as their deed, & as such be duly executed & valid 
in law. And that the said trustees of said Academy may Trustees may 

. . -TO sue and be sued. 

sue & be sued in all actions, real, personal, or mixed ; &, 
prosecute, & defend the same to final judgment & execu- 
tion by the name of the Trustees of Framingham Academy. 

Section 5th. Be it farther enacted that the number Number of 

TrustGGS 

of said trustees &, their successors shall not at any time be limited. 
more than nine, nor less than seven, five of whom shall 
constitute a quorum for transacting business ; and a 
majority of members present at a legal meeting shall de- 
cide all questions proper to come before the trustees. 

Section 6. Be it further enacted ^ That Jonathan May- First meeting. 
nard Esqr., be & hereby is authorized to fix the time & 
place for holding the first meeting of the said trustees &, 
to notify them thereof. Approved March i, 1799. 



1798. — Chapter 80. 

[January Session, oh. 47.*] 

AN ACT FOR CHANGING THE NAME OF WILLIAM BOARDMAN 
TO THAT OF WILLIAM HENDERSON BOARDMAN. 

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 passing of this Act, the 
said William Boardman, son of William Boardman of 
Chelsea, shall be allowed to take the name of William 
Henderson Boardman, and by that name instead of his 
present Christian and Surnames, shall be known and 
called, and that the same shall to all legal intents & pur- 
poses be hereafter considered as the only & proper name 
of the said Boardman, and shall avail him accordingly. 

Approved March 7, 1799. 

* No chapter 46 in session pamphlet. 



134 Acts, 1798. — Chapters 81, 82. 



1798. — Chapter 81. 

[January Session, ch. 48.] 

AN ACT IN ADDITION TO & FOR THE AMENDMENT OF AN ACT 
ENTI[r]LED "AN ACT TO PREVENT THE DESTRUCTION & TO 
REGULATE THE CATCHING OF THE FISH CALLED ALEWIVES 
IN THE RIVERS & STREAMS IN THE TOWN OF FALMOUTH 
IN THE COUNTY OF BARNSTABLE." 

Be it Enacted by the Senate & Hou^e of Representatives 
in General Court assembled & by the authority of the 
same, that the Committee to be chosen confo[?']mably to 
the Act to which this is in addition, be and they hereby 
are authorized to permit the taking of said Fish five days 
in a week if they see fit, during the period provided by 
said Act for said Rivers and Streams to be kept open — 
any thing in said Act to the contrary notwithstanding. 

Approved March 1, 1799. 

1798. — Chapter 82. 

[January Session, ch. 49.] 

AN ACT FOR REGULATING THE FISHERY IN THE TOWN OF 
WOOLWICH IN THE COUNTY OF LINCOLN. 

Section 1. Be it enacted by the Senate & House of 
Representatives in General Court assembled, <& by the 
FishCommittee, authority of the same, that it shall & may be lawful for 
the said Town of Woolwich at any legal meeting of the 
Inhabitants thereof for said purpose to choose a Commit- 
tee to sell or otherwise dispose of the privilege of taking 
Salmon, Shad & Alewives, as the Town shall direct, at 
Neguaset Falls, so called in said Town on the days fol- 
Time of fishing, lowing, to wlt, Mouday Tuesday & Wednesday in each 
Profits appro- wcck ; and the emoluments arising from said privilege, shall 
priated. ^^ appropriated by said Town to such purposes & uses, 

as the Inhabitants thereof shall in legal Town meeting 
from time to time determine, 
unrawfn^" Sect. 2. A7id be it further Unacted, that if the pur- 

fishing, chaser or purchasers, manager or managers, or those em- 

ployed by them shall presume, to take any of said Fish, 
at any other time or place in said Town than is in this 
Act provided, & if any other person or persons except the 
purchaser or purchasers, manager or managers of said 
privilege, or those employed by them, shall presume to 
take or catch any of said Fish, in any of the Rivers or 



Acts, 1798. — Chapter 82. 135 

Streams within the boundaries of said Town, he or they 
so offending, shall for each offence, forfeit and pay a sum 
not exceeding Thirty Dollars, nor less than one Dollar at 
the discretion of the Justice before whom the same may 
be tried. 

Sect. 3. And be it further enacted, that if any person Penalty for 
lawfully taking said fish as aforesaid, shall when in his ®^'"''°°' 
power, neglect or refuse to supply any person with said 
fish who may apply for the same, at the rate of twenty- 
five cents for one hundred of said fish, he shall forfeit and 
pay for each offence the sum of Five Dollars ; and if any 
person shall ask, demand, or receive, more than at the rate 
aforesaid for said fish while the same are fresh & green, 
he shall forfeit & pay the sum of Five Dollars for each 
offence. 

Sect. 4. And be it further Enacted ih&t the said town sluiceways, 
of Woolwich at their annual meeting in March or April openetL^ 
shall choose a Committee not exceeding nine, nor less 
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 sluice way, passage way or Canal, which has 
been made at said falls, for the purpose of affording said 
fish, a passage up said stream and falls, to be kept open 
&, without obstruction during the whole time said fish shall 
pass up the same stream or river in each year, and to re- 
move any such obstruction, as shall or may be found 
therein : and to make the said passage w^ay or Canal wider 
or Deeper, if they or a majority of them shall deem it 
necessary ; and the said Committee or any two of them 
paying a reasonable compensation therefor if demanded, 
shall have authority in prosecution of the duties hereby 
enjoined upon them to go in & upon the lands of any 
person thro' which said stream or Canal may run, or into 
any mill or other water works on said river or Canal with- 
out being considered as trespassers ; and any person who Penalty for 
shall molest or hinder said Committee or any one of them "pp'^""""- 
in the execution of said duties, or shall obstruct any 
sluice way, passage way, canal, river or stream aforesaid, 
otherwise than may be allowed by said Comittee or a 
major part of them, he or they so offending shall forfeit 
& pay for each offence, a sum not less than one, nor ex- 
ceeding Ten Dollars : Provided, that nothing in this Act P"^"^**" 
shall be construed to authorise said Committee, or either 



136 



Acts, 1798. — Chapter 83. 



Committee to 
prosecute, seize 
nets, &c. 



Penalty for 
omitting to open 
sluice ways. 



Recovery of 
penalties. 



of them, to damage any owner of any mill or waterworks 
as aforesaid further than is necessary to give said Fish a 
good & suflScient passage up said stream and Canal. 

Sect. 5. J3e it further enacted, that it shall be the 
duty of the said Committee to prosecute all breaches of 
this Act, & for any two or more of them to seize & detain 
in their custody, any net, or other implement, which may 
be found in the hands of any person using the same, con- 
trary to the true intent & meaning of this act, until the 
person so offending shall make satisfaction for said offence, 
or is legally acquited therefrom ; & that each one of the 
Committee aforesaid shall be notified of his being chosen, 
& shall be sworn to the faithfull discharge of his office, 
in the same manner, & under the same regulations & 
rules, as other Town Officers. 

Sect. 6. Be it further enacted that all & every owner 
of any mill or waterworks, standing or being on said 
Falls or stream shall annually on or Ijcfore the twentieth 
day of April open their gates or sluiceways, so that the 
pond or ponds belonging to said works shall be drawn off, 
& shall continue the same so open & drawn off, until said 
fish shall have done runing up said stream or canal ; and 
any such owner failing hereof, or offending herein, shall 
forfeit & pay for each offence the sum of seventy Dollars. 

Sect. 7. And he it further enacted^ that all the penal- 
ties incurred by any breach of this act, shall be recovered 
by action of debt in any Court competent to try the same ; 
and all sums of money recovered to the Town as aforesaid 
by forfeitures, shall l)e for the support of the poor of said 
town : and no person shall by reason of his being one of 
said Committee, be disqualified from being a witness in 
any prosecution for a breach of this Act. 

A2Jproved March 1, 1799. 



1798. — Chapter 83. 

[January Session, ch. 43.] 

AN ACT regulating' THE TAKING OF THE FISH CALLED 
ALEWIVES IN ISLAND CREEK BROOK, SO CALLED, IN THE 
TOWN OF DUXBURY. 

Sect. 1st. Be it enacted by the Senate and House oj 

Representatives in General Court asseynbled & by the Au- 

lultuiihT thority of the same, that the Fish called Alewives may be 

fish. taken from two rods below the Bridge over said Brook and 



Acts, 1798. — Chapter 83. 137 

as far up said Brook as the width of the Road, commonly 
called Plymouth Road & shall not be taken in any other 
part thereof & at such times only, as the Committee who 
may be appointed by said Town as is hereafter provided 
may direct. 

Sect. 2d. Be it further enacted by the authority afore- 
said, that the Inhabitants of said Town of Duxbury at Fish committee 

.J' to be appointed. 

their meeting for the choice of town Officers in March or 
April annually, be & they hereby are authorised and di- 
rected to appoint three or five persons, a Committee to 
oversee the taking said Fish as aforesaid, which Committee 
shall distribute the fish taken by them or under their di- 
rection, as equally as circumstances will admit, to such 
of the Inhabitants of said Town as may apply for the 
same, and for the fish so supplied & delivered, the Com- 
mittee aforesaid, shall demand & receive of the person or 
persons applying therefor payment at such rate or rates ^;Y™J'be'*"^ 
as the Inhabitants of the said Town at their annual meet- exacted. 
ing in March or April may direct, excepting of such poor 
persons as may be named in a list to be annually made 
out by the Selectmen of said Town, & who, in the opinion 
of the Selectmen are unable to pay for the same, which 
list shall l)e given to the Committee, & the person or per- 
sons borne on the same shall be supplied with such quanti- 
ties of said Fish, gratis as the Committee may think 
expedient: And the Committee aforesaid, shall have such committee to 

,/ (, .I- • j^i'ii'ii c "J be compensated. 

allowance for their services, as the inhaijitants ot said 
town at the time of appointing said Committee shall de- 
tirmine, and shall annually, in the month of September 
next following their appointment, exhiljit their accounts 
to the Selectmen of said Town, for Settlement and allow- 
ance, & pay the balance remaining in their hands, if any, 
to the Treasurer of the Town of Duxbury for the town's 
use. 

Sect. 3d. Be it further enacted by the authority afore- 
said, that the said Committee or the Major part of them committee may 
be, & are hereby authorized & empowered, to open any w^ay°f&c!^ 
dam, or the Sluice of any Mill or other waterworks 
erected, or that may be erected, on or over said Brook, 
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 said Committee, 
or the Major part of them as aforesaid ; & the dam or 
sluice that may be so opened shall continue open to such 



138 



Acts, 1798. — Chapter 83. 



Penalty for 
fishlDg without 
authority. 



Appropriation 
of fines. 



Case of DiinorB 
violating this 
law. 



Committee 
men may be 
witnesses. 



Former lawi- 
repealed. 



depth & width, & for so long a time, as the said Com- 
mittee, or the Major part of them may Judge necessary ; 
& if any person or persons shall obstruct the passage 
ways allowed or ordered by said Committee, or a Major 
part of them in any dam or sluice way, or shall obstruct 
the passage of said Fish in any other part of said Brook, 
than is permitted by this Act such person or persons, so 
off'ending, shall forfeit & pay a sum not exceeding One 
hundred & fifty Dollars nor less than Thirty dollars. 

Sect. 4th. Be it further enacted hy the authority 
aforesaid. That if any person or persons, other than the 
said Committee or such persons as shall be by them em- 
ployed, shall take any of the said fish in the said Brook, 
or any part of it, at any time or by any means whatsoever, 
each person so offending shall forfeit & pay a sum not 
exceeding ten dollars, nor less than two dollars for every 
such ofience. 

Sect. 5. Be it farther enacted hy the authority afore- 
said. That all penalties incurred by the breach of this Act, 
may be sued for and recovered by the Treasurer of the 
Town of Duxbury, for the time being in any Court in the 
County of Plymouth proper to try the same ; and all sums 
so recovered, shall be appropriated to the use of said 
Town ; & in case any minor or minors shall offend against 
any part of this Act ; & thereby incur any or either of the 
penalties aforesaid, in all such cases, the Parents Masters 
or Guardians of such Minor or Minors, shall be answerable 
therefor ; & in case of a prosecution of such minor or 
minors, for any offence the action shall be commenced 
against the Parent, Master, or Guardian, of such minor 
or minors, respectively, & Judgment be rendered against 
any parent, master or Guardian, in such case, in the 
same manner, as for his or their personal offence. 

Sect. 6tii. Be it further enacted hy the authority 
aforesaid, That no person by reason of being an Inhabi- 
tant of said Town, or one of said Committee shall be 
hereby disqualified from being a Witness in any prosecu- 
tion for a breach of this Act. 

Sect. 7. And he it further enacted hy the authority 
aforesaid. That all laws heretofore made & provided for 
regulating the Alewive fishery on said Brook, be, & the 
same are hereby repealed. Approved March 1, 1799. 



Acts, 1798. — Chapter 84. 139 



1798. — Chapter 84. 

[January Session, ch. 50.] 

AN ACT ESTABLISHING THE WILLIAMSTOWN TURNPIKE COR- 
PORATION. 

Whereas the Highway leading from the West side of Preamble. 
Hoosuck Mountain through the North part of Adams and 
Williamstoivn, is rocky, mountainous and circuitous, and 
the expence of making, straitening and repairing the same 
in such a manner as to make it convenient for Travellers 
with Horses and Carriages, would be much greater than 
ought to be required of the said Tokens : 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same. That Samuel Sloane, Samuel Porter, Persons 
Burrell Sutton, Elias Mather, William Starkweather, *°'=*"^p°'^"'*' • 
Oliver Barrett, George Reab, Benjamin Skinner, David 
Johnson, Lemuel Stewart, David Noble, William Young, 
Daniel Dewey, William Towner, Remembrance Sheldon, 
Ezra Baker, Jonathan Danforth, Deodatus Noble, Zadock 
Ford, John Maulk, Solomon Wolcot junr. Samuel Mackay, 
Tompson J. Skinner junr. Ezekiel Bacon and Ira Baker 
and all such persons as shall be associated with them and 
their Successors be and they hereby are con.stituted a 
Corporation by the name of The Williamstown Turnpike corporate 
Corporation, for the purpose of laying out and making a 
Turnpike road from the West side of Hoosuck Mountain. 
Beginning where the Turnpike made by Asaph White and ^f^fo^d'^*"" 
Jesse King ends ; thence running through the North part 
of the Town of Adams & Williamstown to the West line 
of Massachusetts, adjoining upon the Town of Peters- 
burgh, in the County of Ranseleer & State of New York, 
& 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 four rods wide, and the path 
to be travelled on not less than eighteen feet width in any 
place. And that when said Turnpike Road shall be suf- 
ficiently made & shall be allowed & approved by the Jus- 
tices 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 and in such place as the said Court shall direct, 
and shall be entitled to receive from each Traveller and 



140 



Acts, 1798. — Chapter 84. 



Rate of Toll. 



May hold land. 



Persons whose 
lands are taken 
to be indem- 
nified. 



Penalty for 
delays and 
extortion. 



Passenger the following rate of Toll ; to wit : fo^ every 
Coach, Phaeton, Chariot or other four wheel Carriage, 
drawn by two horses, twenty five cents ; and if drawn by 
more than two horses, the additional sum of four cents for 
each horse ; for every Cart or Waggon drawn by two 
oxen or horses, twelve cents, & five milles ; & three cents 
for each additional ox or horse ; for every Sled or Sleigh 
nine cents ; and for each additional ox or horse three 
cents ; for every Curricle sixteen cents ; for every Chaise, 
Chair or other Carriage drawn by one horse, twelve cents 
& five milles ; for every man and horse five cents ; for all 
oxen, horses & neat cattle led or driven, besides those in 
Teams & Carriages, one cent 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. 

Sect. 2. And be it further Enacted, that the said 
Corporation may purchase & hold any land over which 
they make the said Road ; and the Justices of the Court 
of Sessions of the Peace in the County of Berkshire are 
hereby authorized on application from the said Corpora- 
tion, to lay. out such road, or any part thereof, within 
their Jurisdiction, as with the consent of the said Corpo- 
ration 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 can- 
not be obtained by voluntary agreement, to be estimated 
by a Committee appointed by the Court of General Ses- 
sions of the Peace for the said County of Berkshire, sav- 
ing to either party the right of Trial by Jury, according 
to the Law which makes provision for the recovery of 
damages happening by laying out public Highways. 

Sect. 3. And be it further Enacted, that if the said 
Corporation, their Toll-Gatherers or others in their em- 
ploy, shall unreasonably dela}^ or hinder any Traveller or 
Passenger at said Gate, or shall demand or receive more 
Toll than is by this Act established, the Corporation shall 
forfeit and pay a sum not exceeding Ten Dollars nor less 
than One Dollar, to be recovered before any Justice of 
the Peace for said County of Berkshire, by any person 
injured, delayed or defrauded in a special Action on the 
case ; the Writ in which shall be served on the said Cor- 
poration, by leaving a Copy of the same with the Treas- 
urer, or with some Individual Member, of the Corporation 



Acts, 1798. — Chapter 84. 141 

living within the County where the Action may be brought, 
or reading the Contents thereof to the said Treasurer or 
individual Member, at least seven days before the day of 
Trial. And the Treasurer of said Corporation or individ- 
ual Member, shall be allowed to defend the same suit in 
behalf of the Corporation. And the Corporation shall be corporation 
holden to pay all damage which shall happen to any per- ^ ^'"^ "' '"" 
son 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, & shall also be liable to a 
fine or presentment of the Grand Jury for not keeping 
the same way or Bridges thereon in good repair. 

Sect. 4th. And be it further enacted, that if any per- Penalty for 
son shall cut, break down or destroy the said Turnpike or °'^*" ypaBsmg. 
shall forcibly pass or attempt by force to pass the same, 
without having first paid the legal toll at said Gate, such 
person shall forfeit and pay a fine not exceeding fifty 
dollars, nor less than two dollars, to be recovered by the 
Treasurer of the Corporation to their use in an Action of 
Trespass. And if any person shall with his team, cattle. Penalty for 
carriage or horse turn out of the said road to pass the *^^''^'°°- 
said Turnpike gate 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 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 ^'''O'^iso, 
that nothing in this Act shall extend to entitle the said 
Corporation to demand Toll of any' person who shall be 
|)assing 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 mill 
in the same town or on the common and ordinary business 
of family concerns within the same town. 

Sect. 5th. And be it further enacted that the shares shares to be 
in the same turnpike road, shall be taken deemed & con- personal estate. 
sidered to be personal estate to all intents & purposes 
and shall & may be transferable ; & the mode of transfer- 
ing said shares shall be by deed acknowledged before any 
Justice of the Peace and be recorded by the Clerk of the 
Corporation in a book to be kept for that purpose ; & 
when any of said shares shall be attached on Mesne Proc- 
ess, an attested Copy of such process shall at the time of 
the attachment be left with the Clerk of said Corporation, 



142 



Acts, 1798. — Chapter 84. 



May be taken 
for debt. 



First meeting. 



Booke may be 
inspected. 



Shares of 
delinquents 
may be sold. 



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 OflScer making Sale or the Judgment 
Creditor leaving a Copy of the execution & of the OflS- 
cer's return on the same, with the Clerk of the said Cor- 
poration within ten days after such Sale & paying for 
the recording of the same. 

Sect. 6th. Aiid be it further enacted, that a Meeting 
of the said Corporation shall be held at the house of 
George Reab innholder in Williamstown aforesaid on the 
last Monday of March next, for the purpose of clioosing 
a Clerk & such other Officers as may then & there be 
agreed upon by the said Corporation for regulating the 
concerns thereof; and the said Corporation may then & 
there agree upon such methods of calling meetings in 
future, as they may judge proper. 

Sect. 7th. And be it further enacted that the books 
of the said Corporation shall at all times be subject to be 
inspected & examined by a Committee to be appointed by 
the General Court, or to the inspection of the Governor 
& Council when called for. 

Sect. 8th. Be it further enacted that whenever any 
proprietors shall neglect or refuse to pay any tax or as- 
sessment 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 authorised to sell at Public Vendue the share 
or shares of such delinquent Proprietor, one or more, as 
shall be sufficient to defray said taxes & the necessary in- 
cidental charges after duly notifying in the News papers 
printed in Pittsfield & Stockbridge the sum due on any 
such Shares & the time & place of Sale at least twenty 
days previous to the time of Sale ; & 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 with the number of Shares so 
sold, shall be by the Clerk entered on the books of the 
said Corporation ; & such person shall be considered to 
all intents & purposes the proprietor thereof, & the over- 
plus if any there be, shall be paid on demand by the 
Treasurer to the person whose shares were thus sold. 



Acts, 1798. — Chapter 84. 143 

Sect. 9th. And be it further enacted that the said ^'^n board. 
Corporation shall at the place where the said Toll shall be 
collected erect & keep constantly exposed to view a 
sio-n or board with the rates of Toll & all the tollable 
articles fairly and legibly written thereon in large or cap- 
ital Characters. 

Sect. 10th. And be it farther enacted that the said ^penseraLd^ 
Corporation shall within six months after the said road Px^fbuLd**^ 
is compleated lodge in the Secretary's Office An Account annually. 
of the expences thereof; & that the said Corporation shall 
annually exhibit to the Governor & Council a true ac- 
count of the income or dividend arising from said Toll 
with their necessery annual disbursments on said road. 

Sect. 11. And be it farther enacted, that if any per- Timber not to 
son shall draw any log, tree or stick of timber on or over {he'^ro^" with 
the said Turnpike road except in the months of January exception. 
& February, unless 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 & 
pay to the said Corporation One dollar, for every log, 
tree or stick of Timber so drawn, to be recovered in an 
Action of debt. 

Sect. 12th. And be it further enacted. That the said ^"""b^J S-'ied 
Corporation may if they see fit, commute the rate of toll, o°- 
with any person or with the Inhabitants of any town 
through which the said road passes by taking of him or 
them any certain sum annually to be mutually agreed on 
in lieu of the toll established in & by this Act. 

Sect. 13th. And be it further enacted that the Gen- corporation 
eral Court may disolve said Corporation whenever it shall solved, 
appear to their satisfaction that the income arising from 
said Toll shall have fully compensated the said Corpora- 
tion for all monies they may have expended in purchasing 
taking care of & repairing the said Road together with an 
interest thereon at the rate of twelve Pr. Centum by the 
year, & thereupon the property of the said road shall be 
vested in this Commonwealth & be at their disposal — Pi^o- Time for 
vided, that if the said Corporation shall neglect to com- road'nmked. 
pleat the said Turnpike road for the space of three years 
from the passing this Act the same shall become void and 
of no efiect. Approved March 1, 1799. 



144 



Acts, 1798. — Chapter 85. 



1798. — Chapter 85. 



[January Session, ch. 51.] 

AN ACT FOR ESTABLISHING A CORPORATION BY THE NAME 
OF THE FIFTH MASSACHUSETTS TURN PIKE CORPORATION. 



Preamble. 



Persons 
incorporated. 



Whereas the high ivay leading from JSforthfield in the 
County of Hampshire through Warwick (& Orange to 
Athol, & also from Greenfield through Montague <& un- 
improved Lands up Miller's River to Athol aforesaid 
thence through Gerry, Templeton, Gardner, Westminster 
& Fitchburgh to Leominster in the County of Worcester is 
Rocky (& Mountainous, <& the expence of straitening , mak- 
ing (& repairing the same through the said Towns so that 
the same may be conveniently travelled with Horses (& Car- 
riages is much greater than reasonably ought to be required 
of said Towns; 

Section 1st. Be it therefore Enacted by the Senate 
<& House of Representatives ia General Court Assembled, 
& by the Authority of the same. That Timothy Dutton, 
Elisha Hunt, John Barrett, Edward Houghton, Solomon 
Vose, Caleb Mayo, David Mayo, Oliver Chapin, Josiah 
Proctor, Oliver Estey, Samuel Sweetser, Hiram Newell, 
Ebenezer Jones, Jonas Kendall, Phillip Sweetser, Elisha 
Ball, Caleb Alvord, Jonathan Leavitt, Richard E New- 
comb, Solomon Smead, Jcrom Ripley, Ezekiel Bascom, 
Daniel Wells, Calvin Munn, Thomas \\ . Dickinson, & all 
such persons as shall be associated with them & their 
Successors be & they hereby are constituted a Corpora- 
tion by the name of the Fifth Massachusetts Turnpike 
Corporation & shall by that name sue & be sued, & shall 
have a common seal & enjoy all the privileges & powers 
which are by Law incident to Corporations for the pur- 
pose of laying out & making a Turn Pike Road from Capt. 
Elisha Hunt's in Northfield aforesaid through Warwick, 
Orange, Athol, Gerry, Templeton & Gardner to W^esl- 
minster Meeting House, from thence to Jonas Kendall's 
Tavern in Leominster ; & also from Calvin Muun's Tav- 
ern in Greenfield through Montague & up Miller's River 
through unincorporated Land so as to intersect the Road 
aforesaid in Athol & making the same in such place or 
places as the said Corporation shall choose, & for keeping 
Road described. \\xq, same iu repair; which Road shall not be less than four 
rods wide & the path to be Travelled in not less than Eigh- 



Corporate 
name. 



Acts, 1798. — Chapter 85. 145 

teen feet wide in any place ; & that when said Turn- 
pike-Road shall be sufficiently made & approved of by a 
Committee appointed by the Court of General Sessions 
of the Peace tor the respective Counties of Worcester & 
Hampshire for that purpose, then the said Corporation 
shall be authorized to erect Five Turnpike Gates on the Turnpike 
same in such manner as the said Corporation shall judge ^*'^*' 
necessary & convenient for collecting the Toll, one of 
which Gates shall be near the house where David Mayo 
keeps a Tavern in Warwick ; one other near the house 
where Samuel Sweetser now keeps a Tavern in Athol, 
one other to be near the Line between Gardner & West- 
minster ; — one other near the house where Jonas Kendall 
keeps a Tavern in Leominster, the other one Gate where 
the Corporation may judge most convenient on the road 
from Greenfield to Athol aforesaid, & shall be entitled to 
receive of each Traveller or Passenger at each of the said 
Gates the following rate of Toll, vizt. For every Coach Rates of ton. 
Phaeton, Chariot, or other four wheel Carriage drawn by 
two horses Twenty five cents, & if drawn by more than 
two horses an additional sum of Four cents for each horse 

— for every Cart or W^aggon drawn by two Oxen or 
Horses, Twelve and an half cents, & if drawn by more 
than two oxen or horses an additional sum of Three cents 
for each ox or horse — For every Curricle Sixteen cents 

— For every Chaise, Chair or other carriage drawn by 
one horse Twelve & an half cents — For every Man & 
horse Five cents — For every Sled or Sleigh drawn by 
two Oxen or Horses Nine cents ; if drawn by more than 
two oxen or horses an additional sum of Three cents for 
each ox or horse — For every Sled or Sleigh drawn by 
one horse Eight cents — For all Horses, Mules, Oxen or 
Neat Cattle lead or driven, besides those in Teams & 
Carriages One cent each — For all Sheep or Swine at the 

rate of Three cents for one Dozen: provided that said Annual sum 

lUSlV DC rccGivc(l» 

Corporation may if they see fit commute the rate of Toll 
with any person or persons by taking of him or them a 
certain sum annually, to be mutually agreed on in lieu 
of the Toll aforesaid. 

Section 2d. And be it further Enacted by the Au- 
thority aforesaid. That said Corporation may purchase & gegg|on\o^aw^ 
hold land over which they may make said Road ; & the 
Justices of the Court of General Sessions of the Peace in 
the County where said Road is, are hereby authorized on 



146 



Acts, 1798. — Chapter 85. 



Persons whose 
lands are taken 
to be indemni- 
fied. 



Penalty for 
delay and 
estortion. 



Process of a 
suit. 



Penalty for 
injuring road; 
and forcible 
passage. 



application of said Corporation to lay out such Road, or 
any part thereof within their respective Jurisdictions, as 
with the consent of said Corporation they shall think 
proper ; — And the said Corporation shall be liable to pay 
all damage that shall arise to any person by taking his 
Land for such Road, where the same 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 where 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 
arising from the laying out of Highways. 

Sectiox 3d. Aiid be it further Enacted hy the Au- 
thority aforesaid, That if said Corporation, or their Toll 
gatherer or others in their imploy, shall unreasonably 
delay or hinder any Traveller or passenger at either of 
said Gates, 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 Two 
Dollars, to be recovered before any Justice of the Peace 
of the County where the Offence shall be committed, by 
any Person injured, delayed, or defrauded, in a special 
Action of the Case ; — the Writ in which shall be served 
on said Corporation by leaving a copy of the same with the 
Treasurer, or with some individual Member of said Cor- 
poration living in the County where the Action may be 
brought, or by reading the same to the Treasurer, or in- 
dividual Member, at least seven days before the day of 
Trial. And the Treasurer of said Corporation, or indi- 
vidual Member, shall be allowed to defend the same suit 
in behalf of the said Corporation : — And the said Corpor- 
ation shall be liable to pay all damages that shall happen 
to any person from whom the Toll is demandable for any 
damage which shall arise from defect of Bridges, or want 
of repairs in said way, & shall also be liable to Present- 
ment by the Grand Jury for not keeping the same way in 
good repair. 

Sect. 4th. And he it farther Enacted hy the Au- 
thority aforesaid, That if any person shall cut, break 
down, or otherwise destroy any of said Turnpike Gates, 
or shall dig up, or carry away any Earth from said Road, 
or in any manner damage the same, or shall forcibly pass or 
attempt to pass by force the said Gates without having 
first paid the legal Toll at such Gate, such person shall 



on certain 
occasioDB. 



Shares to be 
per- 



Acts, 1798. — Chapter 85. 147 

forfeit & pay a fine not exceeding Fifty Dollars, nor less 
than Ten Dollars, to be recovered by the Treasurer of 
said Corporation to their use, in an action of Trespass or 
of the case ; & if any person with his Team, Cattle or 
Horse, turn out of said Road, to pass any of the Turn- 
pike Gates, & again enter the said Road with intent to 
evade the Toll due by virtue of this Act, such person Attempt to 
shall forfeit & pay three times so much as the legal toll ^^* ^* ^ ° 
would have been, to be recovered by the Treasurer of 
said Corporation to the use of the same in an Action of 
Debt on the case ; Provided that nothing in this Act shall 
extend to entitle the said Corporation to demand & re- 
ceive Toll of any person who shall be passing with his Exemption 
Horse or Carriage to or from Public Worship, or with his 
Horse, Team or Cattle to or from his common labor, on 
his Farm, or to or from any Grist Mill, or on the common, 
or ordinary business of Family concerns, or from any per- 
son or persons passing on Military duty. 

Sect. 5. Aiid be it further Enacted by the authority 
aforesaid, That the shares in the same Turnpike Road deemed 
shall be taken deemed and considered to be personal sonai estate. 
estate to all intents and purposes, and shall & may be 
transferable: And the mode of transfering said shares, Transfer of 
shall be by Deed acknowledged before any Justice of the 
Peace, and recorded by the Clerk of the Corporation in 
a book to be kept for that purpose. And when any share process of 
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 the Corporation ; otherwise the At- 
tachment shall be void, and such shares may be sold on 
Execution in the same manner as is or may by Law be 
provided for making sale of personal property on Execu- 
tion — the Officer making the sale, or the Judgment Cred- 
itor leaving a Copy of the Execution, & the Oflicer's 
return on the same with the Clerk of said Corporation, 
within fourteen days after such sale, & paying for the 
recording the same, shall be deemed and considered as a 
sufficient Transfer of such share or shares in the said 
Turnpike Road. 

Sect. 6. And be it further Enacted by the authority 
aforesaid, that a Meeting of the said Corporation shall be organization 
held at the house of Oliver Chapin, Inholder in Orange, «>* '^^ «°"«'y- 
on the tenth day of April next, at ten of the Clock in the 
Forenoon, for the purpose of choosing a Clerk who shall 



148 



Acts, 1798. — Chapter 85. 



Books to be 
subject to 
inspection. 



Shares of de- 

liDquents may 
be sold. 



To be adver- 
tised, &c. 



be sworn to the faithful discharge of the duties of said 
OflBce, and such other Officers as may then & there be 
agreed upon by said Corporation. And said Corporation 
may then establish such rules & regulations as the said 
Corporation shall judge necessary, provided the same are 
not repugnant to the Laws of this Commonwealth, for 
regulating the concerns thereof; & the said Corporation 
may then and there agree upon such method of calling 
Meetings in future, as they shall judge proper. 

Sect. 7. And he it further Enacted by the authority 
aforesaid, that the said Corporation shall within six months 
after the said Road is completed, lodge in the Secretary's 
Office an Account of the expences thereof, and that the 
said Corporation shall annually exhibit to the Governor & 
Council a true Account of the Income or Dividend aris- 
ing from the said Toll, with their necessary annual Dis- 
bursements, on said Road, & that the Books of the said 
Corporation shall at all times be subject to the inspection 
of a Committee to be appointed by the General Court, or 
to the inspection of the Governor and Council when called 
for. 

Sect. 8. And be it further Enacted, that whenever 
any Proprietor shall neglect or refuse to pay any Tax or 
Assessment duly voted & agi-eed upon by the Corporation, 
to their Treasurer, within sixty days after the time set for 
the pa}'ment thereof, the Treasurer of said Corporation 
is hereby authorised to sell at public Vendue, the Share 
or Shares of such Delinquent Proprietor, one or more, as 
shall be sufficient to defray said Taxes and necessary inci- 
dental charges, after duly notifying in the Newspapers 
printed at Greeniield, Worcester, and in the paper [)rinted 
by the Printer of the General Court at Boston the sum 
due on any such shares, & the time & place of Sale, at 
least thirty 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 Certifi- 
cate of such sale from the Treasurer to the Clerk of said 
Corporation 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 & such person 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 then 
Sold. 



Acts, 1798. — Chapter 85. 149 

Sect. 9th. And be it further Enacted that the said ^l^erected! *° 
Corporation shall at all places where the said toll shall be 
collected erect & keep constantly exposed to view a sign . 
or board with the rates of toll of all the Tollable arti- 
cles fairly & legibly written thereon in large or Capital 
Characters. 

Sect. 10th. And be it further enacted that the Gen- corporation 
eral Court may dissolve said Corporation whenever it ^tved! 
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 
purchasing, repairing & taking care of the said road to- 
gether with an Interest thereon at the rate of Twelve Pr. 
Centum by the year, & thereupon the property of the 
said Road shall be vested in this Commonwealth & be at 
their disposal ; provided, that if the said Corporation shall 
neglect to compleat the said Turnpike road, for the space 
of four years from the passing of this Act, the same shall 
become void & of no effect. Approved March 1, 1799. 



L 



RESOLVES 



MASSACHUSETTS. 



1798. 



RESOLVES 



GENERAL COURT 



Commonwealth of Massachusetts, 



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

ON WEDNESDAY THE THIRTIETH DAY OF 

MAY, ANNO DOMINI, 1798. 



BOSTON : 
PRINTED BY YOUNG & MINNS, 
\ Printers to the Honorable the General Court. 

Reprinted by Wright & Potter Printing Company, State Printers. 



i 



RESOLVES 

OF THE 

GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS, 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE THIRTIETH DAY OF MAT, 
ANNO DOMINI, 1798. 



His Excellency INCREASE SUMNER, Esquire. 
Governor. 

His Honor MOSES GILL, Esquire. 
Lieutenant Governor. 

COUNSELLORS. 

Honorable Thomas Dawes, Honorable Elisha May, 

John Hastings, Simon Frye, 

Eleazer Brooks, Josiah Stearns, 

Oliver Wendell, Daniel Whitney, 

Stephen Choate, Esqrs. 
Esqrs. 

SENATORS. 

Hon. SAMUEL PHILLIPS, L.L.D. President. 

Suffolk. Middlesex. 

Hon. John C. Jones, Hon. Ebenezer Bridge, 

Thomas Davis, Esqrs. Timothy Bigelow, Esqrs. 

Essex. Worcester. 

Hon. Samuel Phillips, Hon. Salem Town, 
Nathan Dane, Elijah Brigham, 

John Norris, Bezaleel Taft, 

Ebenezer March, Esqrs. Thomas Hale, Esqrs. 



156 



Resolves, 1798. — Mat Session^. 



SENATORS— Concluded. 
Hampshire. 



Hon. David Sexton, 
Samuel Fowlei', 
Thomas Dwight, 
Ebenezer Huat, Esqrs. 

Berkshire. 

Hon. John Bacon, 

Thomas Ives, Esqrs. 

Plymouth. 

Hon. Isaac Thompson, 

Beza Howard, Esqrs. 

Bristol. 
Hon. Samuel Tobey, Esq. 

Barnstable, 
Hon. David Thacher, Esq. 



Dukes County and Nan- 
tucket. 

Hon. Isaac Coffin, Esq. 

York. 

Hon. Nathaniel Wells, Esq. 

Cumberland. 

Hon. Stephen Longfellow, 
Daniel Davis, Esqrs. 

Lincoln, Hancock and 
Washington. 

Hon. Alexander Campbell, 

Nathaniel Dummer, Esqrs. 

Norfolk. 

Hon. Ebenezer Thayer, 
John Read, 
Seth Bullard, Esqrs. 



HOUSE OF REPRESENTATIVES. 

Hon. EDWARD H. BOBBINS, Esquire, Speaker. 

County of Suffolk. 

Boston, Joseph Russell, Boston, John Lowell, jun. 
John Codman, Mr. Samuel Cobb, 

William Smith, Joseph May, 

Arnold Welles, jun. Hingham, Jacob Leavitt. 

County of Norfolk. 



Roxbury, Ebenezer Seaver, 
Dorchester, John Howe, 
Dedham, Isaac Bullard, 
Wrentham, Nathan Comstock, 
Weymouth, Eliphalet Loud, 
Medfield and Dover, John Baxter, 



Milton, Edward H. Bobbins, 
Quincy, Benjamin Beale, 
Franklin, Jabez Fisher, 
Needham, Jonathan Kingsbery, 
Brookline, William Aspinwall. 



County of Essex. 



Salem, John Treadwell, 
Benjamin Pickman, jun. 
William Prescott, 

Newbury Port, Enoch Titcomb, 
jun. 

Newbury, Josiah Little, 

Ipswich, Nathaniel Wade, 

Andover, Joshua Holt, 

Marblehead, Nathan Bowen, 

Beverly, Joseph Wood, 

Gloucester, John Rows, 



Danvers, Israel Hutchinson, 
Haverhill, Nathaniel Marsh, 
Rowley, George Todd, 
Lynn and Lynnfield, James Rob- 
inson, 
Salisbury, Joshua Follinsbe, 
Bradford, Peter Russell, 
Amesbury, William Lurvey, 
Methuen, William Russ, 
Boxford, Thomas Perley, 
Wenham, Samuel Blanchard. 



Resolves, 1798. — May Session. 



157 



HOUSE OF REPRESENTATIVES— Continued. 
County of Middlesex. 



Cambridge, Aaron Hill, 
Charlestown, Richard Devens, 
Marlborough, Edward Barnes, 
Reading, Henry Putnam, 
Concord, Ephraini Wood, 
Woburn, Samuel Thomson, 
Framinghani, Jonathan May- 

nard, 
Newton, Timothy Jackson, 
Waterlow?i, Amos Bond, 
Billerica, Jonathan Bowers, 
Waltham, Abner Sanderson, 
Chelmsford, John Minot, 
Medford, Ebenezer Hall, 
Weston, Artemas Ward, 



Westford, Abel Boynton, 
Sudbury, Jfvnathan Rice, 
Lexington, Joseph Simonds, 
Hopkinton, Walter McFarland, 
Holliston, James Mellen, 
Maiden, Edward ^Vade, 
Pejyperell, Joseph Heald, 
DracAit, William Hildreth, 
Littleton, Sampson Tuttle, 
Stoiv and ) ,-,, , ^,,, ., 
Boxboro\ \ ^ ^'^'"'^^ Whitman, 
Acton and ? T r> i 

Carlisle, \ J°"«^ ^'■«°^^' 
Lincoln, Samuel Hoar. 



County of Worcester. 



Worcester, Nathaniel Paine, 
Sutton, Jonathan Woodbury, 
Barre, P^dmund Howes, 
Petersham, John Chandler, 
Sturbridge, Fi'ederick Plimpton, 
Charlton, P2benezer Davis, 
Hardwick, Jonathan Warner, 
Sterling, William Putnam, 
Princeton, Ebenezer Parker, 
Lancaster, John Sprag-ue, 
Mendon, Phillip Animidon, 
Harvard, Joseph Stone, 
Spencer, Benjamin Drury, 
Westminster, Ebenezer Jones, 
Leicester, William Honshaw, 
Shrewsbury, Jonah Howe, 
Leonmister, Thomas Gowing, 
Westborough, Nathan Fisher, 
Orafton, Nathaniel Adams, 



llolden, John Dodda, 
Boylston, James Longley, 
Western, Reuben Read, 
New Braintree, Elias Hall, 
Templeton, Silas Cutler, 
Bolton and Berlin, Silas Holman, 
Dudley, Thomas Earned, 
Fitchburgh, Joseph Fox, 
Winche7idon, Israel Whiton, 
Oxford, Sylvan us Town, 
Milford, Samuel Jones, 
Hubbardston, William Muzzey, 
Royalsloji, Phillip Sweetser, 
AthoL Josiah Goddard, 
Northljorough, Isaac Davis, 
Oakham, John Boyd, 
Ashburnham, Samuel Wilder, 
Lunenburgh, Jacob Welsh. 



County of Hampshire. 



Northampton and ( ^^^^ Shepard, 

Easihampton, \ -^"^^P^^ ^y- 
■* ' (^ man, 

West- Springfield, Jonathan 

Smith, 
South-Hadley , Rugglcs Wood- 
bridge, 
Qranville, Jacob Bates, Enoch 

Bancroft, 
Westfield, James Taylor, 
Deerfield, John Williams, 
Co7iway, William Billings, 
Amherst, Zebina Montague, 
Blandford, William Knox, 3d, 



Belcherton, Park Holland, 
New-Saleni, Varney Pearce, 
Hadley, Charles Phelps, 
Monson, Abner Brown, 
Worthington, Ezra Starkweather, 
Colrain, Hugh McClellen, 
Oreenfield and Gill, Moses Bas- 

com, 
Northffeld, John Barrett, 
Oreenwich, Thomas Powers, 
Southampio7i, Isaac Parsons, 
Palmer, Isaac Warren, 
Warwick and Orange, Josiah 

Cobb, 



158 Resolves, 1798. — May Session. 



HOUSE OF REPRESENTATIVES — Continued. 

County of Hampshire — Concluded. 

Southwick, Saul Fowlei", Westhampto7i, Sylvester Judd, 

Cnnimgton and Flainfield, James South Brimfidd and EoUa7id, 

Richards, John Polley, 

Ware, William Bowdoin, Shidesbury, John Powers, 

Bernardston and Leyden, Lemuel Eawley, Edmund Longley. 

Foster, 

County of Berkshire. 

Pittsfield, John C. Williams, Richmond., David Rossiter, 

Sheffield and Mt. Washington, Adams, Abraham Howland, 

John Ashley, jim. Lenox, Azariah Eggleston, 

Williamstori, William Towner, Lee, Josiah Yale, 

Stockbridge, Ephraim Williams, Cheshire, Jonathan Richardson, 

Sandisjiekl and Sonthfield, John West Stockbridge, Samuel Bald- 

Canfield, win. 

New Marlborough, Benjamin 

Wheeler, 

County of Plymouth. 

Bridgewater, Nahum Mitchell, Pembroke, John Turner, 

Middleborough, Nathaniel Marshfield, Elijah Phillips, 

Wilder, Abington, Aaron Hobart, 

Scituale, Elijah Turner, Buxbury, Judah Alden, 

Plymouth, Nathaniel Goodwin, Hanover, Benjamin Bass. 

County of Bristol. 

Rehoboth, Phanuel Bishop, Norton, Seth Smith, jun. 

Taunton, Nicholas Tillinghast, Dighton, George Ware, 

Neu) Bedford, Seth Sjjooner, Swanzey, Christopher Mason, 

Dartmouth, Holder Slocum, Somerset, John Bowers. 
Freetoivn, Nathaniel Morton, 

County of Dukes County. 
Chilmark, Matthew Mayhew, jun. 

Cottnty of Nantucket. 
Nantucket, Micajah Coffin. 

County of Barnstable. 

Barnstable, David Scudder, Dennis, Micajah Sears, 

Sandivich, William Bodfish, Chatham, Richard Sears, 

Harwich, John Dillingham, Wellfleet, Hezekiah Doane, 

Falmouth, Timothy Crocker, Truro, Anthony Snow, 

Yarmouth, David Thacher, jun. Orleans, Simeon Kingman. 

Cotmty of York. 

Berwick, John Lord, Kittery, Mark Adams, 

Wells, John Storer, York, Esaias Prebble. 



Eesolves, 1798. — May Session. 159 



HOUSE OF REPRESENTATIVES — Concluded. 

County of York — Concluded. 

Anmdell, Thomas Perkins, 3d, Pepperelborough, Thomas G. 

Biddeford, Daniel Hooper, Thornton, 

Buxton, John Woodman. 

Cotmty of Cumberland. 

Portland, Woodbury Storcr, Freejwrt, James Ciirtis, 

Falmouth, Daniel Ilsley, Brtmsivick, William Stanvvood, 

North Yarmouth, Samuel P. Rus- Buckfield, Samuel Andrews, 
sell, 

CoxmUj of Lincoln. 

Bristol, Samuel Tucker, Warren, Samuel Sumner Wild, 

Oeorgetowji, Mark L. Hill, Augusta, James Bridge, 

Pownalborotigh, Silas Lee, dishing, Edward Killeran, 

Bath, Francis Winter, Winthroji, Nathaniel Fairbanks, 

Woolmch, Samuel Harnden, Readfield, Robert Page, 

Boothbay, William McCobb, Lew'islon, John Herrick, 

Thomaston, Josiah Reed, Camden, Samuel Jacobs, 

Pittston, Henry Dearborn, Farmington, Supply Belcher. 

County of Hancock. 

Casline, Oliver Mann, Orrington, Oliver Leonard, 

Deer Isle, Ignatius Haskell, Frankfort, Francis L. B. Good- 

Pcnobscot, Pelatiah Freeman, win. 

County of Washington. 
Machias, Phineas Bruce. 



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

May it please your Excellency ^ 

It is with singular satisfaction that the Senate of Mass- 
achusetts again see you invested with the office of first 
magistrate, by the voluntary suiFrages of your fellow 
citizens. The unanimity which has been discovered by 
your constituents upon this occasion, as it affords the best 
evidence of their confidence and respect, we trust will be 
as highly pleasing as it certainly is honourable to your 
Excellency. 

The citizens of this as well as of the other States in the 
Union, living under forms of Government prescribed by 
themselves, and administered by men of their own choice ; 



160 Resolves, 1798. — May Session. 

possessed also, as your Excellency has wisely remarked, 
of the best pledge for the good conduct of their rulers 
that they themselves are equally subject to the laws which 
they enact with thos^e whom they represent, are (in our 
opinion) in the actual enjoyment of as great a degree of 
civil liberty as is compatible with the welfare and good 
order of Society. Already free and happy, we are per- 
suaded that the people of the United States too justly ap- 
preciate the political blessings they now enjoy, and have 
too much virtue and firmness ever to be induced by the 
insidious machinations or open force of their enemies to 
hazard a change. Much less will they abandon establish- 
ments which experience has approved, for the visionary 
schemes of restless or designing men. Conscious, as they 
are, of a competent degree of information, they will still 
believe that they are capable of determining for themselves 
what political institutions or public measures will best pro- 
mote their happiness. 

We are not insensible of our critical and alarming situ- 
ation with respect to the Government of France and can- 
not but lament that the purity of our intentions and 
rectitude of our conduct have not been able to afibrd us 
any security against unjust aggressions. After unpro- 
voked and even wanton depredations on our commerce 
for which we were undoubtedly entitled to demand satis- 
faction, it is with surprize we find our Envoys called upon 
for large sums of money as the price of an Audience — A 
conduct equally insulting to our national honour and un- 
just in itself. Should we comply with terms so disgrace- 
ful, the measures of the French Govt, towards other 
powers, aiford just grounds to expect that fresh aggres- 
sions would be practised in order to extort farther contri- 
butions : And that the sums thus obtained would be 
employed in further exciting and fomenting internal divi- 
sions in our Country. The people of the United States 
have too much discernment not to perceive these perni- 
cious consequences and too much virtue to sink into a 
state of tributary vassalage without " one manly struggle." 

We ardently wish for peace, and sincerely deprecate 
the necessity of resorting to arms. But While with 
humble confidence we look up to the Supreme Arbiter of 
Nations for his protection and blessing, we doubt not 
our Countrymen will be as prompt to defend, as they 
were gallant to acquire, their freedom and independence. 



Resolves, 1798. — May Session. 161 

We hesitate not to declare our opinion that the Execu- 
tive of the United States has taken every measure con- 
sistent with the honour and dignity of our nation for an 
amicable adjustment of all misunderstanding with the 
French Government. With these impressions, as far as 
depends on us, we pledge ourselves as citizens, and as 
part of the constituted authority of this Commonwealth, 
to co-operate with your Excellency, and the other branch 
of the Legislature, at every hazard, in giving the most 
vigorous effect to such measures as the Government of 
the Union may deem necessary to protect the rights, lib- 
erty and independence of the United States. And we 
feel it equally our duty to discountenance such characters 
as propagate sentiments and opinions incompatible with 
the honor and safety of our Country. 

The several matters more particularly recommended to 
our consideration by your Excellency shall receive imme- 
diate attention. We are well assured of your Excellency's 
concurrence in such measures as shall have for their object 
the security, peace and prosperity of the people of this 
Commonwealth ; and doubt not that the whole of your 
official conduct, will fully justify the esteem and confi- 
dence of your fellow citizens. 

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 of the Commonwealth of 
Massachusetts, estimate more highly the ancient and laud- 
able custom of addressing the First Magistrate of a free 
people, as it afibrds them the peculiar grateful occasion of 
congratulating your Excellency, upon your unexampled 
and almost unanimous re-election to your dignified and 
important office : an event, w^hich fully evinces the pub- 
lic approbation of your Excellency's past, as well as the 
highest confidence in your future administration. To a 
liberal and enlightened mind, accustomed to survey with 
attention the social and political situation of the world, 
this tribute of respect must be more acceptable at a 
moment, when almost every government in Europe is 
either convulsed by intestine faction or threatened with 
external invasion, subjugation, and destruction. — A novel 
and alarming principle, overwhelming in its destructive 



162 Kesolves, 1798. — May Session. 

progress, Religion, social order and happiness, violating 
the rights of property, and demoralizing the human mind, 
has been permitted by divine providence, to scourge the 
European world. This dreadful principle has been the 
more dangerous as it has been propagated under the en- 
dearing and interesting names of liberty aod equal rights. 
But sad experience has too fully proved that whatever 
may have been the pretexts of artful and unprincipled 
men to deceive the people, and to render them the un- 
conscious instruments of wicked ambition, their real scope 
has become tyranny, their object domination. In the rapid 
accomplishment of these nefarious designs, so fatal to true 
liberty, no weapon has been more artfully and more suc- 
cessfully employed, than the one which your Excellency 
has with so much propriety noticed. — He is not a Repub- 
lican — He cannot be a friend to freedom — He is our foe, 
and must meditate the destruction of all free government, 
who will maintain the position, " that the officers of a free 
government have a different interest from that of the 
people." The art of separating the people of every nation 
from its government, when directed to that end, is the 
most important engine of disorganization and anarchy, 
ever invented by the ingenuity of man. 

We heartily concur with your Excellency, in the senti- 
ment, that whatever may be the situation of other coun- 
tries, in our own the interest of the people and of their 
government, are inseparably connected. The idea is too 
absurd to be indulged, that the rulers of a country so free, 
will ever counteract their own interest, infringe the rights 
and liberties of their own families and connexions, for the 
purpose of oppressing the people. The good sense and 
information of the citizens of the United States is the 
surest pledge of their tidelity. 

That they cannot, and will not listen to suggestions in- 
jurious to the government of their choice, that they will 
not entertain unreasonable jealousies, but will always give 
a decided support to the constitutional measures of their 
own administration, their past history, and the events of 
the present moment, most fully evince. 

We regret, with extreme sensibility, that the situation 
of our foreign relations compels us reluctantly to withdraw 
our attention from the more local concerns of this Com- 
monwealth, and to view with anxious solicitude those of 
our nation at large. When we review the conduct of the 



I 



Kesolves, 1798. — May Session. 163 

Government of the United States, during the late convul- 
sions of Europe, we recognize the truth and justice of the 
picture which your Excellency has drawn. In the com- 
mencement of the present war, disastrous and calamitous 
beyond example, prudence, and the soundest policy re- 
quired that the United States should assume and maintain 
a neutral position. 

Eemoved from those local causes which have perpetually 
occasioned and inflamed the contentions of Europe, and 
possessing an extensive commerce, a luxuriant soil, and 
an enterprizing spirit, we had a right to calculate upon the 
immense advantages and emoluments arising from an in- 
creasing commerce, under the protection of an impartial 
neutrality. 

Divesting ourselves as far as possible of national par- 
tiality, we cannot discern in the conduct of our administra- 
tion, any departures from the obligations imposed by a 
neutral .situation — on the other hand, it is not to be con- 
cealed that we have experienced from some of the bellige- 
rent nations, aggressions, and outrages not warranted by 
the fair and liberal conduct which we have uniformly ex- 
hibited. With two of those nations we have already 
settled our existing difficulties, upon terms of amicable 
compromise, and we regret with your Excellency, that 
the government of the other has not been equally disposed 
to meet our conciliatory advances with a liberal spirit of 
accommodation. This want of candor was the less to 
have been expected, as the Government of the United 
States, have been the first to cherish an honest and ardent 
enthusiasm for their cause, so long as it was esteemed the 
cause of liberty — have faithfully fulfilled every obligation 
arising from existing compacts — and have afforded every 
aid, consistent with the impartial situation which they had 
assumed. — Contrasted with this fairness — this liberality 
— this punctilious good faith on the part of the United 
States, we have beheld with regret, with astonishment 
and indignation, aggressions unprovoked, not only coun- 
tenanced and encouraged, but authorized ; repeated at- 
tempts at negociation spurned at, and our messengers of 
peace treated with a neglect and contumely, unprecedented 
in the diplomatic history of civilized nations. Not con- 
tent with heaping injury upon outrage, we have seen in- 
solence superadded to injustice. We have been charged 
with intestine divisions, and the humiliating example of 



164 Resolves, 1798. — May Session. 

Venice has been held up to terrify us into a compliance 
with arbitrary exactions. But it is with pleasure that this 
House assure your Excellency, that they feel themselves 
authorized to declare, that those who entertain so deroga- 
tory an opinion of the citizens of the United States are 
unacquainted with their true character, and that they will 
yet learn to their mortification, that however they may 
differ on local and less important questions, there is but 
one prevailing sentiment on the present important situa- 
tion of their country — that they will not surrender its 
honor or independence to the exactions or arbitrary man- 
dates of any foreign nation whatsoever. At a moment 
like the present, therefore, the House of Representatives 
highly approve the decision and temperate firmness dis- 
covered by your Excellency, and they esteem it their 
duty as it is their pride, to assure you, that they feel an 
undiminished confidence in the constituted authorities of 
their country, and that the State of Massachusetts will be, 
as it ever has been, among the foremost to cooperate in 
any measures for the defence of their Rights, Liberties 
and National Sovereignty. 

The defence of our sea coast, the fortifications on Castle 
Island, and the other important suljjects which are men- 
tioned by your Excellency, merit and shall receive our 
early deliberation and serious attention ; and your Excel- 
lency may rest assured of our constant, unremitted and 
zealous assiduity, in promoting all such measures, as in 
your opinion, and that of this House, shall conduce to the 
public weal. 

ADDRESS OF THE LEGISLATURE TO THE PRESIDENT OF THE 
UNITED STATES. 

To the President of the United States, 

Sir : — The Legislature of Massachusetts, ever anxious, 
and long habituated, to take an early and decided part, in 
whatever relates to the safety and welltare of their country, 
beg leave to join the united voice of your feUow citizens, 
in offering you a testimony of their respect & Confidence. 

As a njitive citizen of our Commonwealth, and as the 
supreme Executive of the government of our deliberate 
choice, we feel for you those sentinients of attachment and 
veneration, which the recollection of your long, distin- 
guished, and successful services are calculatt^d to excite; 
— and if the measures of a wise and virtuous adminibtra- 



Kesolves, 1798. — May Session. 165 

tion, such as we believe yours to have been, can receive 
aid or sanction from our most decided and unequivocal 
approbation, our duty in expressing it will be discharged 
wiih increased satisfaction 

It is with a mixture of indignation and regret, that we 
learn the state <if our negociations with the French Repub- 
lick. From a careful ievie\u of our relations with France, 
and ot the unremitting efforts of the national government, 
to preserve and perpetuate her friendship, we might 
readily have believed th;it there could be no crisis in the 
progress of her political career, in which our tranquility 
could have been disturbed. But amidst the collision of 
parties, France has lost the object of her revolution. She 
once fought for liberty ; — she now contends for domin- 
ion ; — And having declared, by the voice of her execu- 
tive, that " she ou^ht to become the model and the Arbiter 
of Nations" has violated the rights of every neutral people, 
and prostrated the Governments of most of the Republics 
of Europe, 

Should any further attempts, either to controul the gov- 
ernment, or subjugate the people of the United States, be 
the result of her inordinate ambition, the citizens of Mas- 
sachusetts, will meet them with the tirm and determined 
spirit of Freemen ; — and as they have been among the 
first to defend, will be the last to resign the rights of 
national sovereignty. 

In this all important conflict, we expect the ready & 
zealous co-operation of the free and enlightened people 
of America: — and our country, having adopted every 
reasonable measure to avert the calamities of war, may, 
with humble confidence, rely upon The God of our Fathers 
for protection & success. 

A people by whom the blessings of civil and religious 
liberty are enjoyed and duly appreciated, will never sur- 
render them but with their lives. We will never forget, 
that our charter to this liberty, is sealed by the blood of 
Americans ! and we pledge to you the patriotism, and all 
the energies of our constituents, that it shall never be 
violated by the sacriligious hand of foreign power. We 
also most solemnly pledge ourselves, to support every 
measure which the government of the United States, at 
this momentous period may see fit to adopt, to protect the 
commerce, and preserve the Independance of our Country. 

June 7, 1798. 



166 Resolves, 1798. — Mat Session. 



Chapter 1. 

RESOLVE PROVIDING FOR AN ADDITIONAL NOTARY PUBLIC IN 
CHARLESTOWN. 

Resolved That for the better accomodation of the In- 
habitants of Charlestown and its vicinity there be chosen 
in the present Session of the General Court and annually 
hereafter an additional notary publick for the County of 
Middlesex, resident in said town. June 7, 1798. 

Chapter 3. 

RESOLVE ON THE PETITION OF WILLIAM KNOX, 3d, AUTHORIS- 
ING THE COMMITTEE APPOINTED IN JUNE LAST, TO REPAIR TO 
THE TOWNS OF BLANDFORD, CHESTER AND RUSSELL, FOR THE 
PURPOSES MENTIONED, AND TO REPORT AS SOON AS CON- 
VENIENT. 

On the Petition of William Knox, 3d. in behalf of the 
town of Blandford setting forth that the Committee ap- 
pointed by the Resolve passed in June last to adjust & 
determine the line between that town & the towns of 
Russel & Chester have never attended that service. 

Resolved that the said Committee to wit Thomas 
Dwight Nahum Eagur & Jacob Bates Esquires be & they 
hereby are authorized to repair to the said towns of Bland- 
ford, Chester & Russel & after having given due notice to 
the selectmen of the said towns to proceed to adjust & de- 
termine the said line between the aforesaid towns at their 
expence, & the said Committee are to make report to the 
General Court as soon as may be convenient. 

June 7, 1798. 

Chai>ter 3. 

RESOLVE ON THE PETITION OF THE TOWN OF CAPE ELIZABETH, 
ABATING A FINE LAID ON SAID TOWN FOR NOT SENDING A 
REPRESENTATIVE IN 1797. 

On the petition of the Town of Cape Elizabeth praying 
to be abated a fine set upon that Town, for not choosing 
a Representative the last year, for the reasons set forth in 
their petition. 

Resolved that the sum of sixty nine Dollars and seventy 
two Cents, set to the Town of Cape Elizabeth as a fine for 
neglecting to choose a Representative to serve in the 



Resolves, 1798. — May Session. 167 

Genera] Court in the year one thousand seven hundred & 
ninety seven, be and hereby is abated — and the Treas- 
urer is diiecled to govern himself accordingly. 

June 8, 1798. 

Chapter 3a.* 

ORDER ON THE PETITION OF ISAAC HEARD AND OTHERS. 

On the petition of Isaac Heard and others, Inhabitants 
of the Town of Limington in the County of York, praying 
to be incorporated into a seperate Religious Society. 

Ordered, that the petitioners notify the said Town of 
Limington, by serving the Clerk thereof 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 peti- 
tion should not be granted. June 8, 1798. 

Chapter 4. 

RESOLVE ON THE PETITION OF JOSEPH MAY, DIRECTING THE 
TREASURER TO RECEIVE THE NOTE MENTIONED. 

On the petition of Joseph May, of Boston, in the County 
of Suffolk, Esquire, praying that the treasurer of the Com- 
monwealth aforesaid may be directed to receive of him, 
on the loan proposed, by an act of said Commonwealth, 
passed on the first day of February AD. 1794, an Army 
note, made on the first day of January AD. 1782, to 
one Benjamin El well, for the sum of Seven pounds four 
shillings and one penny, of which note the said Joseph is 
now the owner, and to which the signature of the (then) 
treasurer of said Commonwealth, through inattention was 
not affixed. 

Resolved that the prayer of said petitioner be granted 
and that the treasurer, of said Commonwealth be and 
hereby is directed to receive the said note, of the said 
Joseph, on the loan aforesaid, and to issue a certificate to 
him, agreeably to the provisions in said act, in the same 
manner as he would have been authorized to do, provided 
the treasurer, who issued said note, had duly signed the 
same. June S, 1798. 

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



168 Resolves, 1798. — May Session. 



Chapter 5. 

RESOLVE APPOINTING A COMMITTEE TO EXAMINE THE TREAS- 
URER'S ACCOUNTS. 

Resolved, that Thomas Dawes & Thomas Davis — Es- 
quires, be a Committee to examine and adjust the accounts 
of the Treasurer of this Commonwealth, from the last day 
of June last, to the first day of July next ; and that the said 
Committee are empowered and directed to deface all notes, 
due bills, orders, &c. issued under the authority of this 
Commonwealth, by any officer thereof, that have been re- 
deemed by the Treasurer during the time aforesaid : And 
to report an account of their proceedings at the next Ses- 
sions of the General Court. ■ J^me 9, 1798. 

Chapter 5a.* 

ORDER ON THE PETITION OF SAMUEL CUTLER. 

On the petition of Samuel Cutler, praying that he rnay 
no longer be held to pay parish Taxes in Medway, for 
that part of his farm which lies therein, bu[^] that the 
same may in future be taxed by the Parish in Hoi listen. 

Ordered that the Petitioner notify the first or East par- 
ish in the Town of Medway, by serving the Clerk thereof 
with an attested Copy of said petition and this order 
thereon, thirty days at least before the second Thursday 
of the next Session of the General Court, that they may 
then appear and shew cause, if any they have, why the 
prayer of said petition should not be granted. 

Juyie 9, 1798. 

Chapter 6. 

RESOLVE AUTHORISING THE TREASURER TO CONTRACT WITH 
ROBERT HALLOWELL FOR THE LAND MENTIONED. 

Whereas Kobert Hallowell Esquire hath petitioned this 
Legislature to relinquish this Commonwealth's right and 
title to a seventy second part of certain lands in the 
County of Lincoln being in common with the petitioner 
which was Benjamin Hallowell's share and confiscated : 

Resolved that the Treasurer of this Commonwealth or 
his successor in that office be and hereby is authorised 

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



Kesolves, 1798. — May Session. 169 

and directed to contract with said Robert Hallowell and 
sell him the seventy second undivided part of said land 
belonging to this Commonwealth for a reasonable price, 
all circumstances considered, and to give him a quitclaim 
deed for the same. Jime 9, 1798. 

Chapter 6a.* 

ORDER ON THE PETITION OF THE INHABITANTS OF THE SOUTH 
PARISH IN SCITUATE. 

On the Petition of the Inhabitants of the South Parish 
in Scituate, praying that the doings of said Parish in sell- 
ing and conveying their Parsonage lands and buildings 
may be made valid ; and for an incorporation of Trustees 
for the management of the Funds of said Parish. 

Ordered, that the Petitioners notify all persons con- 
cerned, by posting up attested Copies of their petition and 
this order thereon, at the several places of public worship 
in said Scituate, 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 9, 1798. 

Chapter 7. 

RESOLVE ON THE GOVERNOR'S MESSAGE, AUTHORIZING HIM TO 
LOAN TO THE UNITED STATES A NUMBER OF CANNON THAT 
MAY BE REQUIRED FOR THE FRIGATE CONSTITUTION UPON 
THE CONDITIONS MENTIONED IN A LETTER FROM THE SECRE- 
TARY OF WAR. 

Whereas his Excellency the Governour in his message 
of 7th Inst, stated that '* he has received a letter from 
James McHenry Esqr. Secretary of War, dated 30th ulto. 
representing that the Government of the United States, 
have found it impracticable to supply the Cannon neces- 
sary for the upper Battery of the Frigate Constitution, in 
the harbour of Boston, & requesting by direction of the 
President of the United States the loan of a number of 
Cannon, now lying useless on Castle Island & which were 
designed for Ship's use, & improper for that Fortress ; 
& that the Secretary engages to return them as soon as 
others can be procured, & in the mean time, if desired, 

• Not printed in preTious editions. Taken from court record. 



170 Resolves, 1708. — May Session. 

to order a number of thirty two pound Cannon, from 
Pr-'vidence to Boston for the defence of the Town & 
Harbour." — th< refore 

liesolved That his Excellency the Governour be & he 
hereby is, authorized to loan to the United States any 
number of said Cannon, not exceeding; sixteen (with 
suitable .-hott if not necess.iry for the Fortress) that may 
be required for the use of the Frigate Constitution, upon 
the Conditions mentioned in the aforesaid Letter of the 
Secretary of War. June 9, 1798. 

Chapter 7a.* 

ORDER ON THE PETITION OF JOHN SCOTT AND JOSIAH BURNHAM. 

On the petition of John Scott and Josiah Burnham of 
Durham in the County of Cumberland, praying that they 
may be set off from the town of Durham and annexed to 
the town of Free})ort. 

Ordered, that the petitioners serve the respective Clerks 
of the towns of J)iirham and Freeport, with an attested 
Copy of their petition with this order thereon, sixty days 
at least before the second Wednesday of the next Session 
of the General Court, that all persons interested may then 
appear and shew cause (if any they have) why the prayer 
of said petition should not be granted. June 11, 1798. 

Chapter 8. 

RESOLVE ON THE PETITION OF THE EAST PARISH IN SALISBURY, 
EMPOWERING THE COMMITTEE MENTIONED TO SELL THE 
LAND. 

On the Petition of the East Parish in Salisbury, praying 
that liberty may be granted them to sell certain parcells 
of Laud belonging to said Parish, appropriated by Au- 
thority to the Use & benefit of the Ministry of the parish 
aforesaid, for Reasons set forth in said Petition. 

Resolved, That the Prayer of the Petition be granted, 
& that Daniel Moody, Ezra Merrill, & Josiah French, 
a Committee of the said Parish, be authorized & Em- 
powered to Sell the Lands aforesaid, & to Execute good 
& Sufficient Deeds of the same. Provided the Money 
ariseing from the Sale of the said Lands, shall be vested 
by them, in Land, Marsh, or other real Estate, as shall 

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



Resolves, 1798. — May Session^. 171 

appear to them to be most for the Interest of the said 
Parish, & to be holden for the use & Benefit of the Min- 
istry thereof. June II, 1798. 

Chapter 8a.* 

ORDER ON THE PETITION OF JONATHAN KINGSBURY, JDNR. 

On the Petition of Jonathan Kingsbury junr. praying 
to be set off from the Westerly Parish in the town of 
Needham and annexed to the Easterly Parish in said 
Town. 

Ordered, that the Petitioner notify the said West Parish 
by serving the Clerk thereof with an attested Copy of his 
petition & this order thereon, thirty days at least before 
the second Thursday of the next Session of the General 
Court, that they may then appear and shew cause, (if any 
they have) why the prayer of said petition should not be 
granted. June 11, 1798. 

Chapter 8b.* 

ORDER ON THE PETITION OF THE INHABITANTS AND FREE- 
HOLDERS OF SOUTHFIELD. 

On the petition of "the Inhabitants, Freeholders and 
Proprietors of lands belonging to Soutbfield in the County 
of Berkshire," praying that the boundaries of said South- 
field may be restricted Easterly, to the West Bank of 
Farmington River. 

Ordered, that the petitioners cause an attested Copy of 
their petition with this Order thereon, to be published 
three weeks successively in the Western Star, printed in 
Stockbridge, the last publication to be thirty days at least 
before the second Wednesday of the next Session of the 
General Court, that all persons interested may then appear 
and shew cause (if any they have) why the prayer of said 
petition should not be granted. June 11, 1798. 

Chapter 8c.* 

ORDER ON THE PETITION OF THE INHABITANTS OF PEPPERELL- 
BOROUGH AND BIDDEFORD. 

On the petition of the Inhabitants of the towns of Pep- 
perellborough and Biddeford, praying that provision be 

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



172 Resolves, 1798. — May Session. 

made for removing the obstructions to the passing of 
Salmon up Saco River. 

Ordered, that the Petitioners notify all persons con- 
cerned, by serving one of the Owneis of each of the 
Mill-dams upon said river, within the towns of Pt pperell- 
borough, Biddefoid, and Buxton, with an attested Copy 
of their petitions, and this order thereon, I'hirty days at 
lea>t before ihe second Wednesday oi the next ^Session of 
the General Court, that they may th< n appear and shew 
cause, if any they have, why the prayer of said petitions 
should not be granted. June 11, 179S. 

Chapter 9. 

RESOLVE FOR GRANTING TO RICHARD HUNNEWELL, THREE 
HUNDRED DOLLARS, FOR LAND SOLD TO THE COMMONWEALTH. 

Befiolved That there be allowed and paid out of the Pub- 
lic Treasury to Richard Hunnewell Esq. three hundred 
dollars in full for Mark Island so called, purchased of him 
by the Committee for the sale of Eastern lands pursuant 
to a Resolve passed the 9th of March 1797. 

June 12, 1798. 

Chapter lO. 

RESOLVE ON THE PETITION OF NATHANIEL HARRINGTON AND 
OTHERS, EMPOWERING JOHN LOWELL, ESQ. TO MAKE AND 
EXECUTE A GOOD DEED OF THE SEVERAL PARTS OF THE LOT 
OF LAND MENTIONED. 

On the petition of Nathaniel Harrington George Lap- 
ham and John Sheldon of Adams in the County of Berk- 
shire stating that in the year of our Lord one thousand 
seven hundred and ninety four they severally contracted 
in writing not under seal with Israel Jones Esquire then 
the agent and attorney of Thomas Russel Esquire deed, 
for the purchase of second division Lot number forty four 
in said Adams then belonging to said Russel and of which 
he died seized in the following proportion, to wit the said 
Harrington for the North half of said lot supposed to con- 
tain one hundred acres the said Lapham for one fourth part 
of said lot being the Southwest corner thereof and the said 
Sheldon for the other fourth part being the Southeast cor- 
ner of said lot, each part about fifty acres for divers sums 
of money part of which have been paid — and praying that 



Eesolves, 1798. — May Session. 173 

the Honorable John Lowell Esquire administrator of the 
goods and estate of the said Thomas Russel may be im- 
powered to convey said lot agreeable to the contract 
aforesaid. 

Resolved that said John Lowell in his said capacity be 
and he is hereby impowered to make and execute good 
and sufficient deeds to the said Harrington Lapham and 
Sheldon their heirs and assigns of the several parts of the 
said lot, and in the several proportions, they respectively 
contracted for, upon their paying to the said administra- 
tor the several sums of money due on their respective 
contracts, with lawful Interest thereon to the time of such 
conveyance. June 12, 1798. 



Chapter 10a.* 

ORDER ON THE PETITION OF DANIEL LAMB AND OTHERS. 

On the petition of Daniel Lamb and others. Inhabitants 
of the towns of Springfield, South Hadley and West Spring- 
field, praying to be incorporated into a seperate Religious 
Society. 

Ordered that the petitioners notify the said Towns, by 
serving the Clerks thereof respectively, with an attested 
copy of their petition & this order thereon, thirty days at 
least before the second Thursday of the next Session of 
the General Court, that they may then appear & shew 
cause, if any they have, why the prayer of said Petition 
should not be granted. June 12, 1798. 

Chapter 11. 

RESOLVE FOR APPOINTING A NOTARY PUBLIC FOR THE COUNTY 
OF LINCOLN, TO BE STATIONED AT BOOTH BAY. 

Resolved that from & after the passing of this Resolve 
there be chosen annually a Public Notary for the County 
of Lincoln to reside at Boothbay, in addition to the num- 
ber heretofore appointed for the said County. 

June 12, 1798. 

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



174 Kesolves, 1798. — Mat Session. 



Chapter 13. 

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

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth, to each member of the 
Council, Senate and house of Representatives, two dol- 
lars per day for each days attendence the present ses- 
sion and a Like sum for every ten miles distance from their 
respective places of abode to the place of the Setting of 
the General Court — he it further resolved, that there be 
paid to the President of the Senate and Speaker of the 
House of representatives, each two Dollars per day 
for each days attendance over and above their pay as 
Members. June 12, 1798. 



Chapter 12a.* 

ORDER ON THE PETITION OF THE INHABITANTS OF THE TOWN 
OF BELCHERTOWN. 

On the Petition of the Inhabitants of the Town of Bel- 
chertown, praying that the doings of sundry Town Meet- 
ings in said Town (where the Town Clerk has neglected 
to record the Constables returns on the warrants for call- 
ing said Meetings) may be made good and valid. 

Ordered, that the Petitioners notify all persons inter- 
ested, by serving the Town Clerk of said Belchertown 
with an attested copy of their Petition and this order 
thereon, and by posting up attested copies of said Petition 
and order at the several public places in said Town where 
it has been usual to post up notifications for calling Town 
Meetings, also to publish the same in one of the News- 
papers published in Boston & Northampton, 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 Avhy the prayer of said Peti- 
tion should not be granted. June 12, 1798. 

* Not printed in previous editions. 



Resolves, 1798. — May Session. 175 



Chapter 13. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF WINTHROP, DIRECTING THE TREASURER TO SUSPEND HIS 
EXECUTION. 

On the petition of the Select Men of the town of Win- 
throp praying for suspension of the payment of the State 
Tax due from said town for the year 1797. 

Resolved for reasons set forth in said petition tliat the 
Treasurer of this Commonwealth be directed to suspend 
issuing his Execution against said Town of Winthrop 
until the 2nd Wednesday of the next session of the Gen- 
eral Court. June 13, 1798. 

Chapter 14. 

RESOLVE ON THE PETITION OF JAMES WASHBURN, AUTHORIZ- 
ING HIM TO ENTER AND PROSECUTE AN APPEAL AT THE NEXT 
SUPREME JUDICIAL COURT AT PLYMOUTH. 

On the Petition of James Washburn Administrator of 
the Estate of Amos Washburn late of Middleborough 
deceased, praying that he may be allowed to prosecute an 
Appeal made by the said Amos in his life time in an 
action of covenant broken, wherein Zephaniah Briggs of 
said Middleborough was Appellee. 

Resolved, for the reasons set forth in said Petition, that 
the said Administrator be & he hereby is authorized to 
enter & prosecute in the next Supreme Judicial Court to 
be holden at l-*lymouth within & for the County of Plym- 
outh on the third Tuesday of May next, an appeal made 
by the said Amos in his life time, from a Judgment of the 
Court of Common Pleas holden at Plymouth within & 
for the County of Plymouth on the second Tuesday of 
August in the Year of our Lord one thousand seven hun- 
dred & ninety three, to the then next Supreme Judicial 
Court for the same County, in an action wherein the said 
Zephaniah Briggs was original Plaintiff & the said Amos 
Washburn Defendant. And the said Supreme Judicial 
Court are hereby authorized to proceed hear & determine 
the said Action in the same way & manner to all intents & 
purposes whatsoever as if the said Appeal had been 
prosecuted by the said Amos — and to do all things in the 
premises necessary & proper to be done for correcting the 
Errors if any in the former Judgments & proceedings 
aforesd. & for rendering complete Justire to the parties in 



176 Resolves, 1798. — May Session. 

said Action. Provided that the said Administrator cause 
the said Zephaniah Briggs to be duly served with a Copy 
of this Resolve attested by the Secretary, fourteen days, 
at least, previous to the third Tuesday of May next. 

June 14, 1798. 

Chapter 15. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF HAVERHILL, EMPOWERING EDMUND BROWN TO COLLECT 
A DISTRICT SCHOOL HOUSE TAX COMMITTED TO HIM IN 1792. 

On the Petition of the Selectmen of the Town of Haver- 
hill praying that Edmund Brown be authorised to Collect 
a district school house Tax Committed to him in the year 
1792. 

Resolved for the reason set fourth in said Petition that 
the assessors of the town of Haverhill for the time being 
be and they hereby are authorised and directed to Isue 
their warrent to the said Edmund Brown who shal thereby 
be authorised to collect the aforesaid Tax & pay the same 
into the Treasury of said Town for the use for which it 
was assessed. June 14, 1798. 

Chapter 16. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF BUCKFIELD. GRANT TO. 

On the Petition of the Selectmen of the Town of Buck- 
field. 

Resolved That there be allowed and paid out of the 
Treasury of this Commonwealth to the Treasurer of the 
town of Buckfield — the sum of two hundred and fifty 
seven Dollars & forty Nine cents Assesed on said Town 
and paid into said Treasury for taxes No. 10 N. 11 N. 12 
N. 13 — and the tax for the year 1797. Also that the 
tax assessed on said town for the year 1798 be abated, 
said Town being exempt l)y Law from state and Continen- 
tal taxes untill November 1798 and the Treasurer is hereby 
directed to govern himself accordingly. June 15, 1798. 

Chapter 17. 

RESOLVE AUTHORISING THE TREASURER TO BORROW FIFTY 
THOUSAND DOLLARS OF THE UNION BANK. 

Resolved, That the Treasurer of the Commonwealth, be 
and hereby is authorised and empowered to borrow of the 



Resolves, 1798. — May Session^. ' 177 

UDion Bank a sum not exceeding fifty thousand dollars, 
for the purpose of discharging any grant allowed and 
ordered to be paid out of the public Treasury the present 
Session of the General Court, for which no special appro- 
priation is made. 

And it is further Resolved, that the Treasurer be di- 
rected to repay the money he may borrow pursuant to 
this Kesolve from the first money that comes into the 
Treasury from the next State Tax. June 16, 1798. 

Chapter 17a.* 

ORDER ON THE PETITION OF THE SELECTMEN OF THE TOWN OF 

CHELSEA. 

On the petition of the Selectmen of the town of Chelsea, 
praying for an act of this Government, to prevent persons 
from taking Stones, Gravel, Sand or Manure from the 
Beach in said town. 

Ordered, that the said Selectmen notify all concerned 
by publishing an attested copy of their petition, with this 
order, in the Massachusetts Mercury three weeks succes- 
sively, the last publication to be thirty days at least prior 
to the second Tuesday of the next Session of the General 
Court, that they may appear on said day, and shew cause, 
if any they have, why the prayer of said petition should 
not be granted. June 18, 1798. 

Chapter 17b.* 

ORDER ON THE PETITION OF LEVI YOUNG AND OTHERS. 

On the petition of Levi Young and others. Inhabitants 
of Township No. 2, in the first Range of Townships, West 
of Kennebeck River, and north of Plymouth Claim, 
called New Vineyard, praying that they may be incor- 
porated into a Town. 

Ordered, that the petitioners, cause an attested Copy 
of their petition, with this order thereon, to be published 
three weeks successively in the Kennebeck Intelligencer, 
the last publication to be fifty da3^s at least before the first 
Tuesday of the next Session of the General Court, that 
all persons interested may then appear and shew cause, 
if any they have, why the prayer of said petition should 
not be granted, and also why any adjacents to said Town- 
ship may not, together therewith, be included in the same 
Incorporation. June 18, 1798. 

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



178 Resolves, 1798. — May Session. 



Chapter 17c.* 

ORDER ON THE PETITION OF THE INHABITANTS OF THE TOWN 
OF BLANFORD. 

Ou the petition of a number of the inhabitants of the 
town of Blanford, praying to be incorporated into a sep- 
erate Religious Society by the name of the Protestant 
Episcopal Society in the town of Blanford. 

Ordered that the petitioners notify the Inhabitants of 
the said town of Blanford by serving the Clerk thereof 
with an attested Copy of their petition and this order 
thereon, thirty days at least before the second Thursday 
of the next Session of the General Court, that they may 
then appear and shew cause if any they have, why the 
prayer of said petition should not be granted. 

June 18, 1798. 

Chapter 17d.* 

ORDER ON THE PETITION OF THE INHABITANTS OF NO. 7, ON 
THE EAST AND WEST SIDES OF UNION RIVER. 

On the petition of the Inhabitants of No. 7, on the East 
and West sides of Union River in the County of Hancock, 
praying that they may be incorporated into a Town, 

Ordered, that the petitioners cause their petition with 
this order thereon, to be published three weeks succes- 
sively in the jNIassachusetts INIercury, the last publication 
to be forty days before the second Wednesday of the first 
Session of the next General Court, that all persons inter 
ested may then appear and shew cause if any they have, 
Avhy the prayer of said petition should not be granted. 

June 18, 1798. 



Chapter 18. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE FIRST 
PARISH IN THE TOWN OF DALTON. 

On the Petition of the Inhabitants of the first Parish in 
the town of Dalton. 

Remlved that the prayer thereof be granted & it is 
herel)y resolved that the doings of the said town of Dalton 
and the oflicers chosen by them and duly sworn which 



* Not printed in previous editions. Tal^en from court record. 



Resolves, 1798. — May Session. 179 

were proper for the said first parish & its officers to have 
done, shall have the same force & validity, as well as the 
same effect, as though the said first parish had been prop- 
erly & seasonably organized, so far as their doings would 
have been lawful and regular had they been done by the 
parish & parish officers. Jmie IS, 179S. 

Chapter 18a.* 

ORDER ON THE PETITION OF THE FIRST BAPTIST SOCIETY IN 
THE TOWN OF SANDISFIELD. 

On the petition of the first Baptist Society in the town 
of Sandisfield, praying for a Bill in addition to the Act in- 
corporating said Society, to enlarge the Corporate privi- 
leges thereof. 

Ordered, that the petitioners notify all persons con- 
cerned by serving the Town Clerk of said Sandisfield with 
an attested Copy of their j)etition and this Order thereon, 
thirty days at least before the second Friday of the next 
Session of the General Court, that the}'" may then appear 
& shew cause, if any the}'^ have, why the prayer of said 
petition should not 1>e granted. June 18, 1798. 

Chapter 18b*. 

ORDER ON THE PETITION OF SOLON STEPHENSON, AND OTHERS. 

On the petition of Solon Stephenson, and others. In- 
habitants of the town of Belfast, in the County [o/"] Han- 
cock, praying to be incorporated into a seperate Keligious 
Society. 

Ordered, that the petitioners notify the said town of 
Belfast, by serving the Clerk thereof with an attested 
Copy of their petition and this order thereon, thirty days 
at least before the second Tuesday of the next session of 
the General Court, that they may then ap[)ear and shew 
cause, if any they have, why the prayer of said petition 
should not be granted. June 18, 1798. 

Chapter 18c. f 

ORDER ON THE PETITION OF THE TOWN OF TEMPLETON. 

On the Petition of the Town of Templeton praying that 
Ihcy may be restored to their Law and have leave to take 



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



180 Kesolves, 1798. — Mat Session. 

out a New writ of Error upon a Judgement render'd 
against them in favor of the Town of Shutesbury. 

Ordered that the Petitioners notify the Town of Shutes- 
bury by causing the Town Clerk or some one of the Select 
Men of said Town to be served with an attested copy of 
said Petition and this order thereon, thirty days at least 
before the second Tuesday of the next session of the Gen- 
eral Court, that said Town of Shutesbury may appear on 
said day & shew cause if any they have why the prayer of 
said Petition should not be granted. Juyie 19, 1798. 

Chapter 19. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE TOWN 
OF MONTGOMERY, CONFIRMING THE TRANSACTIONS OF THEIR 
TOWN MEETINGS. 

On the Petition of the Inhabitants of the Town of Mont- 
gomery setting ibrth that their Town Meetings from the 
Time of their Incorporation to the present time have not 
been regularly & legally assembled, and praying that the 
transactions of said Inhabitants at said Meetings may be 
confirmed — And it appearing that the said Inhabitants 
have been notified to attend said Meetings, by notifica- 
tions from the Select Men only. 

Resolved that the transactions at said Meetings be and 
are hereby confirmed & rendered as valid as though the 
said Inhabitants at their several meetings had been legally 
assembled, any irregularity in the manner of warning said 
meetings to the contrary notwithstanding — Provided 
however that nothing herein contained shall be construed to 
aflfect the title of any lands sold or assessed as the Estate 
of any Non-Resident proprietor, of lands lying within the 
Town aforesd. June 19, 1798. 

Chapter 19a.* 

ORDER ON THE PETITION OF JAMES D. TUCKER AND DOMINICUS 

MITCHEL. 

On the petition of James D. Tucker & Dominicus 
Mitchel, a Committee of the town of Standish, praying 
that certain Grants and Conveyances of the School lands 
lately owned by the Inhabitants of said Town may be 
confirmed. 

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



Resolves, 1798. — May Session. 181 

Ordered that the petitioners notify the Inhabitants of 
said town of Standish, by serving the Clerk of said town 
with a true & attested copy of said petition and this order 
thereon, and also by posting up like copies of this petition, 
and order thereon, in two or more public places in said 
town at least sixty days previous to the second Wednes- 
day of the next Session of the General Court, in order 
that any persons interested may appear and shew cause 
wdiy the prayer of said petition should not be granted. 

June 19, 1798. 



Chapter 19b.* 

ORDER ON THE PETITION OF SAMUEL TEBBETS AND OTHERS. 

On the petition of Samuel Tebbets and others, a Com- 
mittee of the Town of BoAvdoin in the County of Lincoln, 
praying that the westerly part of said Bowdoin may be 
incorporated into a seperate town. 

Ordered that the petitioners cause an attested Copy of 
their petition with this order thereon, to be published three 
Aveeks successively, in the Massachusetts Mercury, the 
last publication to be fifty days at least before the first 
Tuesday of the next Session of the General Court, that 
all persons interested may then appear and shew cause, 
if any they have, why the prayer of said petition should 
not be granted. June 19, 1798. 

Chapter 19c.* 

ORDER ON THE PETITION O-F WILLIAM ROTCH, JUN. 

On the petition of William Rotch junr. Agent for the 
proprietors of Ncav Bedford bridge, praying that the fourth 
enacting Clause of the Act for incorporating certain per- 
sons for the purpose of building a Bridge over Acuishnet 
River in the town of New-Bedford, may be repealed. 

Ordered, that the Petitioner notify the town of New 
Bedford by serving the Clerk of said town with an attested 
copy of his petition and this order thereon, thirty days at 
least before the third Wednesday of the next Session of 
the General Court, that they may then appear and shew 
cause, if any they have, why the prayer thereof should not 
be granted. June 19, 1798. 



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



182 Resolves, 1798. — May Session. 



Chapter 30. 

RESOLVE ON THE PETITION OF THE TOWN OF ORRINGTON, DIS- 
CHARGING IT FROM CERTAIN TAXES, WITH A PROVISO. 

On the Petition of the Town of Orrington Praying for 
leave to Appropriate the Amount of their State Tax for 
the years 1797 & 1798 to the repair of Roads & Bridges 
in said Town. 

Resolved that the Prayer of the Petition be so far 
granted tliat the Town of Orrington be discharged from 
the Payment of the State Taxes into the Treasury of this 
Commonwealth for the years 1797 & \l'i)'6 jwovided the 
Town do Actually Apply the Amount of said Taxes to lie- 
pairing Roads & Bridges in said Town under the direction 
of the Selectmen and produce a Certificate thereof, to the 
Treasurer of this Commonwealth, Avithin Nine Months 
from the Time of Passing this Resolve. June 20, 179S. 



Chapter 31. 

RESOLVE DIRECTING THE SECRETARY TO DELIVER TO THE 
JUDGES OF THE SUPREME JUDICIAL COURT ONE SET OF THE 
LAWS OF THE UNITED STATES EACH. 

Resolved, that, the Secretary deliver, to each of the 
Judges of the Supreme Judicial Court, one set of the Laws 
of the United States, I )e longing to this Commonwealth. 

June 20, 1798. 

Chapter 33. 

RESOLVE AUTHORISING THE COMMANDER-IN-CHIEF TO PROVIDE 
A NUMBER OF BRASS OR IRON r2-P0UNDERS FOR THE DE- 
FENCE OF THE SEA COAST, ALSO GUN POWDER AND LEAD 
AND FIRE ARMS, AND GRANTING 50,000 DOLLARS FOR THAT 
PURPOSE. 

Resolved that the Commander in chief be & he hereby 
is authorised to cause to be provided and mounted on 
travelling-Carriages, such a number of Brass or Iron Field- 
Pieces of a Calliber, not exceeding twelve Pounds, and to 
cause to be mounted, on Fort Carriages, such a number of 
Cannon, and of such sizes, as he shall judge necessary for 
the defence of those parts of the sea-coast, which may be 
exposed to a sudden invasion of an Enemy — also to cause 
to 1)6 purchased such a quantity of Gun Powder, Lead ; & 



Resolves, 1798. — May Session. 183 

number of Fire aniii!;, as the Public exigences, in his 
opinion, niay require. 

And it IS further Besolved that there be allowed & paid 
out [q/'J the Public Treasury for the purposes aforesaid, 
a sum not exceeding iifty thousand Dollars, the same to be 
paid from time to time as the Governor by advice of 
Council may judge necessary. June 20, 179S. 



Chapter 33. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE TOWN 
OF MIDDLEFIELD, CONFIRMING SEVERAL MEETINGS IN SAID 
TOWN, ANY IRREGULARITY NOTWITHSTANDING. 

On the petition of the Inhabitants of the Town of 
Middletield settino; forth that their Town ]Meetinos — 
from the time of their Incorporation to the present time 
have not been regularly & legally assembled, t*t praying 
that the transactions of said Inhabitants at said meetings 
may be confirmed : and it appearing that the said Inhabi- 
tants have been notified to attend said meetings by notifi- 
cations from the Selectmen only. 

Resolved that the Transactions at said meetings be and 
are hereby confirmed, & rendered as valid as though the 
said Inhabitants at their several meetings had been legally 
assembled, any irregularity in the manner of warning said 
meetings to the contrary notwithstanding. 

Provided however that nothing herein contained shall 
be construed to aflect the title of any lands sold or assessed 
as the estate of any nonresident proprietor of Lands, lying 
within the town aforesaid. June 20, 179S. 



Chapter 34. 

RESOLVE DIRECTING THE TREASURER TO PURSUE SUCH MEAS- 
URES AS HE SHALL JUDGE EXPEDIENT FOR COLLECTING 
MONEY DUE FROM JOHN PECK AND OTHERS, AND TO GIVE 
DIRECTIONS TO THE SHERIFF IN THIS CASE. 

Resolved That the Treasurer of the Commonwealth be and 
he hereby is authorized to take and pursue such measures 
as he may think most for the interest of [^the] Common- 
Avealth for collecting the money due on sundry obligations 
given by John Peck and others, contained in a list signed 
by said Treasurer dated the 6th instant and from time to 
time to give directions to the Sheriff" with respect to levy- 
ing any executions that are or may l)e issued for said 



184 Resolves, 1798. — May Session. 

debts ; or to suspend the same, as the Treasurer consider- 
ing all circumstances, may think most for the Interest of 
the Commonwealth. June 20, 1798. 



Chapter 35. 

RESOLVE ON THE PETITION OF NATHANIEL PRENTISS. 

On the Petition of Nathaniel Prentiss of Cambridge in 
the County of Middlesex praying for relief in an Action 
which he brought against Thomas Beals of Boston in the 
County of Suflblk, in which Action, a discontinuance was 
by mistake entered in the Supreme Judicial Court holden 
at Boston within and for the County of Suffolk on the 
third Tuesday of February in the Year of our Lord one 
thousand seven hundred & ninety six. 

Resolved, that the said Nathaniel Prentiss be and he 
hereby is authorized to re-enter & prosecute the said 
Action at the next Supreme Judicial Court to be holden 
at Boston within & for the County of Suffolk on the last 
Tuesday of August next — & to pursue the same to 
final Judgment & Execution in the same manner as he 
might have done had the discontinuance aforesd. never 
been entered — Provided that the said Nathaniel cause the 
said Thomas to be duly served with an attested Copy of 
this Resolve fourteen days at least before the said last 
Tuesday of August. June 21, 1798. 

Chapter 35a.* 

ORDER ON THE PETITION OF NATHANIEL TEBBETS AND 
OTHERS. 

On the Petition of Nathaniel Tebbets and others, In- 
habitants of the Town of Boothbay in the County of Lin- 
coln, praying to be incorporated into a seperate Religious 
Society. 

Ordered, that the Petitioners notify the Inhabitants of 
said Town of Boothbay, by serving the Clerk thereof 
with an attested copy of their petition and this order 
thereon, thirt}^ days at least before the second Friday 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 22, 1798. 

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



Kesolves, 1798. — May Session. 185 



Chapter 26. 

RESOLVE FOR PAY OF THE LIEUTENANT GOVERNOR AND SEC- 
RETARY AND TREASURER. 

Resolved, that for one year from the Last day of May 
Last, the sum of Five Hundred and Thirty Three Dollars, 
Thirt}' Three Cents, shall be the pay of the Leutenant 
Governor, to be paid out of the Treasury of this Common- 
wealth, in Quarterly payments as the same shall become 
due. 

Resolved that there be allowed and paid out of the 
T[r]easury of this Commonwealth, to John Avery Esqr. 
Secretary of this Commonwealth, one Thousand & forty 
Nine Dollars Thirty Three cents, which with two Hun- 
dred & Eighty four Dollars which he reed, in fees be- 
fore 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 1798 being at the rate of Thirteen Hun- 
dred & Thirty Three Dollars Thirty Three cents pr. year, 
to be paid in Quarterly payments. 

That from the First day of June Current there be al- 
lowed and paid out of the Public Treasury the sum of 
Fifteen Hundred Dollars to the Treasurer and receiver 
general of the Commonwealth for his pay as Treasurer the 
present year to be paid in Quarterly payments as the 
Same shall become due. June 22, 1798. 

Chapter 26a.* 

ORDER ON PETITION OF JOHN TOWN AND OTHERS. 

Whereas John Town and others Inhabitants of the towns 
of Greenwich, Petersham and Hardwick, have petitioned 
this Court, praying that they may be incorporated into a 
town by the boundaries described in their petition — and 
whereas said tract of land lies in different Counties, and 
it being represented as the wish of said Petitioners that so 
much of said Tract as now lies in the County of Hamp- 
shire should be set off from said County and annexed to 
the County of Worcester — therefore 

Ordered, that the petitioners notify the aforesaid towns 
of Greenwich, Petersham and Hardwick and also the 
Courts of General Sessions of the peace for the Counties of 

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



18() Resolves, 1798. — May Session. 

ILiuipshire and Worcester respectively, by leaving an[cl] 
attested copy of their petition and this order thereon, 
with the respective Clerks of said towns and Courts, 
ninety days at least before the second Wednesday of the 
next Session of the General Court, that all persons inter- 
ested may then appear and shew cause if any they have, 
why said Tract may not be incorporated into a Town or 
District & annexed to the County of Worcester. 

June 22, 179S. 



Chapter 27. 

RESOLVE GRANTING TO THE OVERSEERS OF THE MARSHPEE 
INDIANS, FOUR HUNDRED NINETY THREE DOLLARS SEVENTY 
CENTS. 

Resolved That there be allowed and paid out of the 
Public Treasury to the overseers of the Marshpec Indians 
four hundred ninety three dollars Seventy Cents, in full 
for their account for expences incurred in recovering 
})ossession of a tract of land belonging to said Indians, 
claimed by Ebenezer Crocker by virtue of a resolution of 
the General Court passed Feby. 1797, which resolution 
was obtained by said Crocker l)y the misrepresentation of 
some facts, and the suppression of others. 

June 22, 1798. 



Chapter '27a.* 

ORDER ON THE PETITION OF AGREEN CRABTREE AND OTHERS. 

On the Petition of Agreen Crabtree & others Inhabi- 
tants of the Town of Sullivan in the County of Hancock 
praying that they may be a seperate Corporation. 

Order\^e']d that the Petitioners notify the Town of Sulli- 
van by publishing an attested Copy of their Petition and 
of this Order thereon three Weeks successively in the Mas- 
sachusetts Mercury the last Publication to be fifty Days 
at least ])efore the Second Wednesday of the next Session 
of the general Court that all persons interested may then 
appear & shew cause if any they have why the Petitioners 
should not be incorporated into a seperate Town or Dis- 
trict. Jane 22, 1798. 

* Not printed in previous editions. 



Resolves, 1798. — May Session. 187 



Chapter 38. 

RESOLVE ON THE PETITION OF JAMES ROBINSON, GRANTING 
HIM FIVE HUNDRED DOLLARS. 

On the petition of James Robinson setting forth that he 
is the person who iirst discovered and brought to justice 
one of the principal actors in burning a vessel lying in 
Boston Harbor, on the 20th day of June in the year 1795 
and praying that he may be paid the sum oftered by the 
(Governors proclamation to any person who would discover 
and bring to justice any one or more of such actors, which 
representation appearing to be true — 

Resolved that there be allowed & paid out of the i)ublic 
Tresury to said James Robinson Five hundred dollars, in 
full of his claim in the premises. June 22, 1798. 

Chapter 39. 

RESOLVE MAKING ALLOWANCE TO E. P. HAYMAN, ASSISTANT 
CLERK OF SENATE. 

Resolved, that there be allowed and paid out of the 
Treasury of this Commonwealth, to Edward P. Hayman, 
the sum of sixty eight Dollars, in full for his services as 
Assistant Clerk of the Senate the present Session of the 
General Court. June 23, 1798. 



Chapter 39a.* 

ORDER ON THE PETITION OF JOSEPH MILLER AND OTHERS. 

On the Petition of Joseph Miller, Moses Wood and 
Timothy Burr, inhabitants or })roprietors of that part of 
Si)ringlield called the Elbow, praying that the whole of 
that part of Springfield called the Elbow, lying in a de- 
tached situation, may be set oft' from Springfield and an- 
nexed to the town of Wilbraham. 

Ordered, that the petitioners notify the respective towns 
of Springfield and Wilbraham, by leaving an attested copy 
of their petition, with this order thereon, with the respec- 
tive Clerks of said Towns, thirty days at least before the 
second Wednesday of the next session of the General 
Court, that all persons interested may then appear and 
shew cause, if any they have, why the prayer of said peti- 
tion should not be granted. Jrine 23, 1798. 

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



188 Resolves, 1798. — May Session. 



Chapter 30. 

RESOLVE CONTINUING THE RESOLVE EMPOWERING THE SECRE- 
TARY AND TREASURER TO EMPLOY A PERSON TO GUARD 
THE STATE HOUSE. 

Resolved That the power and authority given to the Sec- 
retary & Trea8ur[y] [er] by a resokitiou passed the third 
day of March last to employ a person for a night watch 
to guard the State House, be and hereby is continued until 
the end of the next Session of the General Court. 

June 23, 1798. 



Chapter 31. 

RESOLVE ESTABLISHING THE PAY OF JOSEPH LAUGHTON, FIRST 
CLERK IN THE TREASURER'S 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, and 
fifty cents, per day, commencing the 30th day of May 
1798, to be paid out of the Treasury of this Common- 
wealth. This establishment to continue to the first session 
of the next general Court. June 22, 1798. 



Chapter 33. 

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

Whereas the Treasurer of the County of Middlesex has 
laid his accounts before the General Court, in Manner 
prescribed by law, which are hereby allowed ; and the 
clerk of the Court of Genl. Sessions of the peace for Said 
County, has laid before the General Court an estimate 
made by the Said Court of Genl. Sessions of the peace of 
the necessary Charges likely to arise within the Same 
County the present year, amounting to four thousand dol- 
lars : 

Resolved that the Sum of four thousand dollars, be, and 
is hereby granted as a Tax to Said County of Middlesex, 
to be apportioned, assessed, collected and applyed for the 
purposes aforesaid agreable to law. June 26, 1798. 



Eesolves, 1798. — May Session. 189 

Chapter 32a.* 

ORDER ON THE PETITION OF JOSIAH WOOD AND EMERY WOOD. 

On the Petition of Josiah Wood and Emery Wood, of 
Northbridge in the County of Worcester, praying that 
they and that part of their estates lying in said town of 
Northbridge, may be set off' and annexed to the town of 
Uxbridge in said County. 

Ordered, that the Petitioners notify the aforesaid Towns 
of Northbridge and Uxbridge by leaving an attested Copy 
of their petition with this Order thereon, with the respec- 
tive Clerks of said Towns, sixty days at least before the 
second Wednesday of the next Session of the General 
Court that all persons interested may then appear and 
shew cause, if any they have, why the prayer of said peti- 
tion should not be granted. June 26, 1798. 

Chapter 33. 

RESOLVE ON THE PETITION OF JEDUTHAN WILLINGTON, GUAR- 
DIAN TO ABRAHAM HILL, A PERSON NON COMPOS. 

On the petition of Jeduthan Willington Guardian to 
Abrahm. Hill a person non Comjws mentis praying that 
two Judgments renderd against the said Hill before 
Ebenr. Bradish Esqr. one of the Justices of the peace for 
the County of Middlesex Deer. 1, 1788 may be nullified 
and Justice done to the sd. Abraham. The said Juds;- 
ments appearing to be for much more than was due from 
the said Abraham to the Plls. viz. Isaac Hill, & Thos. 
Hill. 

Resolved, That on the said Willington's filing with the 
clerk of the Supreme Judicial Court copies of the records 
of the causes wherein the said Judgments were renderd, 
& petitioning the [the] Justices of the said Court for a 
review of the said causes within six months from the pass- 
ing this resolve; The said Justices are hereby Authorized 
to grant new Trials in the said Causes in as ample a man- 
ner as if the said Judgments had been renderd within three 
years previous to the said Guardian's petitioning as above 
said. June 26, 1798. 

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



190 Resolves, 1798. — May Session. 



Chapter 34. 

RESOLVE ON THE PETITION OF ELIJAH LIVERMORE, GRANTING 
HIM THE RIGHT TO REVIEW A CAUSE IN THE SUPREME 
JUDICIAL COURT FOR THE COUNTY OF LINCOLN. 

On the petition of Elijah Livermore praying for a right 
to review a cause by him originally prosecuted against 
Jona. Howe & Haines Learned to Judgment- on default at 
the Supreme Judicial Court holden in & for the County 
of Lincoln in the year 17!t5, & there afterwards in the year 
1797 tried on a review granted by the Justices of the same 
Court on the Application of the said Jona. & Haines, as 
is more fully set forth in the petition. 

Resolved, That a right be, & is hereby granted to the 
said Elijah Livermore to review the aforesaid Cause, by 
action to be enterd at the Supreme Judicial Court that 
shall l)e holden in & for the said County of Lincoln in the 
year 1799, which action shall be prosecuted in the same 
manner, & the Judgment there in shall have the same force 
and effect, as in an action of review granted by the Justices 
of the said Supreme Judicial Court. 

June 26, 1798. 



Chapter 35. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF BRISTOL AND GRANTING A TAX. 

Whereas the Treasurer of the County of Bristol has 
laid his accounts liefore the General Court in manner pro- 
scril>ed by Law, which accounts are hereby allowed. 

And Whereas the Clerk of the Court of General Ses- 
sions of the Peace for said County has laid before the 
General Court an estimate made by the Court of General 
Sessions of the Peace for said County of the necessary 
charges likely to arise Avithin said County the present year 
amounting to " One Thousand Dollars : " 

Resolved that the sum of One thousand Dollars be and 
hereby is granted as a Tax for said County of Bristol to 
be apportioned, assessed, collected, and applied in man- 
ner as the Law directs. June 25, 170S. 



Resolves, 1798. — May Session. 191 



Chapter 3G. 

RESOLVE GRANTING JAMES SULLIVAN, ESQ. THREE HUNDRED 
DOLLARS TO ENABLE HIM TO PROSECUTE CIVIL SUITS IN BE- 
HALF OF THIS COMMONWEALTH. 

Whereas by a Resolve passed on the twenty second Day 
of June 1797 — the sum of four hundred Dollars was 
directed to be paid out of the I'ublick Treasury to the 
Atty. General, to reimburse monies by him before that 
time expended for the service of Government, & to pro- 
vide him with the means of further prosecuting certain 
suits in behalf of the Commonwealth — And whereas the 
said Attorney General has given satisfactory evidence 
that he has expended all said sum excepting ninety-seven 
Dollars & twelve Cents which now remain in his hands 
& that a further sum is necessary for the purposes aforesd : 

Resolved that there be allowed & paid out of the treas- 
ury of this Commonwealth to James Sullivan Esqr. a 
further sum of three hundred Dollars to enable him to 
prosecute civil Suits on behalf of this Commonwealth he 
to be accountable for the expenditure of the same, 

June 26, 1798. 



Chapter 37. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF SUFFOLK AND GRANTING A TAX. 

AVhereas the Treasurer of the County of Suffolk has 
laid his accounts before the General Court, in manner pre- 
scribed by Law ; which accounts are hereby allowed ; and 
the Clerk of the Court of Genl. Sessions of the peace for 
said County has Laid before the General Court an esta- 
mate made by the Court of Genl. Sessions of the peace 
for Said County of the necessar}- charges likely to arise 
within the said County the present year — amounting to 
the Sum of four thousand dollars : 

Resolved that the Sum of four thousand dollars, be, and 
hereby is granted as a Tax for the Said County of Suffolk 
to be apportioned, assessed, Collected and applied, in 
manner agreable to Law. June 20, 1798. 



192 Eesolves, 1798. — Mat Sessioi^^. 



Chapter 38. 

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 
laid 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 Said Court of General Sessions of the peace, 
of the necessary Charges likely to arise in Said County 
the present year, amounting to nineteen hundred and 
twenty dollars : 

Resolved that the Sum of nineteen hundred and twenty 
dollars be, and hereby is Granted as a Tax for Said County 
of Plymouth, to be apportioned, assessed Collected and 
apply ed for the purposes aforesaid agreable to Law. 

June 26, 1798. 

Chapter 38a.* 

ORDER ON THE PETITION OF JOSEPH LEE AND OTHERS. 

On the petition of Joseph Lee & others a Committee of 
the plantation No. 2, east side of Penobscot River praying 
they may have the exclusive privilege of taking the fish in 
Eastern River within sd. plantation. 

Ordered that the petitioners notify all parties concerned 
by publishing their petition & this Order thereon in the 
Wiscasset Telegraph three weeks successively & posting 
the same in two public places in the four next adjoining 
towns to said i)lantation No. 2 — the said posting & the 
last publication in said telegraph to be thirty days at least 
before the second thursday o£the next sessn. of the Genl. 
Court that they may then appear &, shew cause (if any 
they have) why the prayer thereof should not be granted. 

June 26, 1798. 

Chapter 39. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF RUSSELL, 
RENDERING VALID THE PROCEEDINGS OF THE LAST MEET- 
ING IN SAID TOWN. 

On the Petition of the Select Men of Russel setting 
forth that at the Annual Meeting of the said Town on the 
fifth Day of March last, the Constable of the said Town 

* Not printed in previous editions. 



Eesolves, 1798. — Mat Session. 193 

had removed therefrom & the meeting was warned by 
posting up Notifications in several parts of the Town by 
the Select Men & a general Attendance given by said In- 
habitants & as Doubts may arrise -svhether the Votes & 
proceedings of said Town can be considered as legal. 

It is therefore resolved that the Votes & proceedings of 
the said Town of Russel at their last March Meeting shall 
be as valid & effectual to every Intent & purpose as if the 
sd. Meeting had been duly warned by the Constable of sd. 
Town — any Law Usage or Custom to tlie contrary not- 
withstanding. June 27^ 1798. 

Chapter 40. 

RESOLVE ESTABLISHING THE PAY OF ISAAC PIERCE, MESSENGER 
TO THE GOVERNOR AND COUNCIL, UNTIL. 

On the Petition of Isaac Pierce, Messenger to the Gov- 
ernor & Council. 

Resolved, That the pay of Isaac Pierce, Messenger to 
the Governor & Council, be, at the rate of One Dollar & 
Seventy five cents, per day, during the Time he is in actual 
service, commencing on the 30th day of May 1798, &that 
the same be paid out of the public Treasury of this Com- 
monwealth. This establishment to continue, untill the 
first session of the next general Court. June 27, 1798. 

Chapter 41. 

RESOLVE ON THE PETITION OF THE JUSTICES OF THE COURT OF 
GENERAL SESSIONS OF THE PEACE IN THE COUNTY OF SUF- 
FOLK, ALLOWING THEM ONE DOLLAR^PER DAY, WITH A PRO- 
VISO. 

Resolved, that each Justice of the peace for the County 
of Suffolk, shall hereafter be allowed and paid out of the 
Treasury of sd. County one dollar for each day's regular 
attendence at the Court of General Sessions of the peace 
in said County for the trial of criminal offences ; — 2^'*^^' 
vided nevertheless, that said Justices of the peace shall not 
be allowed pay for more than six days attendance at any 
one Session of said Court. June 27, 1798. 

Chapter 42. 

RESOLVE ON THE PETITION OF JACOB KUHN, ALLOWING HIM 
TWO HUNDRED AND FIFTY DOLLARS PER ANNUM, FOR THE 
CARE OF THE OLD STATE-HOUSE AND FOR HIS SERVICES. 

On the Petition of Jacob Kuhn, Messenger of the Gen- 
eral Court requesting an additional allowance. 



194 Resolves, 1798. — May Session. 

Resolved that, there be allowed & paid, out of the 
Treasury of this Commonwealtli to Jacob Kuhn the sum 
of two hundred Dollars for the present year, commencing 
the 30th day of May last, to be, in addition to the sum al- 
lowed him by a Resolve, " March 26 1793, establishing 
the pay of the Messenger of the General Court." 

And it is further Resolved, that, there be also allowed 
& paid out of the Treasury to the said Jacob Kuhn, after 
the rate of fifty dollars per annum, for his services, in 
taking care of the Old State-House, to commence, from the 
12th day of January last. June 27, 1798. 

Chapter 43. 

RESOLVE FOR AN APPROPRIATION OF MONEY, TO BE PAID OUT 
OF THE PUBLIC TREASURY, IF PUBLIC EXIGENCIES SHOULD 
REQUIRE, DURING THE RECESS OF THE GENERAL COURT. 

Whereas by the Constitution of this Commonwealth it 
is provided that the Governor shall have power to take 
and surprize by all ways and means whatsoever, all and 
every such person or persons with their ships, arms, am- 
munition and other goods as shall in a hostile manner, in- 
vade or attempt the invading, conquering, or annoying 
this Commonwealth. — And whereas the hostile disposi- 
tion discovered by tlie Government of France towards the 
United States, renders it expedient to furnish the Execu- 
tive, with money to enable him to execute the powers & 
duties aforesaid : 

Resolved That his Elxcellency the Governor with advice 
of Council be and hereby is authorized to draw his War- 
rant on the Treasury for a sum not exceeding fifty thou- 
sand dollars, if the Public exigencies during the recess of 
the General Court should in his opinion render it necces- 
sary to erect works or fortifications, or to assemble in 
martial array and put in warlike posture the inhabitants 
of the Commonwealth for the special defence of the same 
or any part thereof. June 27, 1 798. 

Chapter 44. 

RESOLVE ESTABLISHING THE PAY OF THE CLERKS IN THE SEC- 
RETARY'S OFFICE. 

On the Petition of William Harris, first Clerk in the 
Secretary's Office, John Devotion, & Henry Scott, Clerks 
in the same Office. 



Kesolves, 1798. — May Session. 195 

Resolved, That the pay of William Harris, be, at the 
rate of Two Dollars and fifty cents, per day, commencing 
on the 30th day of May 1798. — & that the pay of John 
Devotion, & Henry Scott, be, at the rate of One Dollar 
& ninety two cents, each, per day, commencing at the same 
time, and that the same be paid out of the public Treasury 
of this Commonwealth. This establishment to continue 
untill the first session of the next general court. 

June 27, 1798. 

Chapter 45. 

RESOLVE ON THE PETITION OF ABIJAH PRESCOTT. 

On the petition of Abijah Prescott praying compensa- 
tion for his time and Expence for services performed at 
the special request of one of the Justices of the Supreme 
Judicial Court and of the attorney general of this Com- 
monwealth. 

Resolved, for reasons set forth in said Petition that 
there be allowed and paid out of the public Treasury of 
this Commonwealth to Abijah Prescott fifteen dollars in 
full compensation for his time and expence in perform- 
ing services for the Commonwealth in several criminal 
prosecutions as above stated. June 27, 1798. 

Chapter 46. 

RESOLVE PROVIDING FOR THE COMMISSIONERS ON THE WALDO 

PATENT. 

Whereas Representation hath been made by Nathan 
Dane and Enoch Titcomb Jr. that the Commissioners ap- 
pointed by a Resolve passed the ninth of March one thou- 
sand seven hundred & ninety seven, directing them to 
repair to the Waldo Patent, to hear the parties and de- 
clare on what terms, certain settlers thereon, should be 
quieted in their possessions, agreably to the Resolve have 
attended that service, and have taken many references, 
which from the nature and circumstances of the business, 
have, and still must take more time and expense of the 
Commissioners to determine, than was provided for in the 
Resolve aforesaid, but now appear necessary, for com- 
pleating the purposes for which the Commission was de- 
signed : therefore 

Resolved, that there be paid out of the Treasury of the 



196 Resolves, 1798. — May Session. 

Commonwealth, the sum of five hundred Dollars to Nathan 
Dane, John Sprague and Enoch Titcomb Jr. Esqrs. Com- 
missioners aforesaid, to be accounted for by them, and 
they are hereby enjoined to pursue the object of their 
Commission, as soon as the circumstances of the parties 
will permit, and finish the References already made as 
aforesaid, by the first day of January next. 

June 27, 1798. 

Chapter 46a.* 

ORDER ON THE PETITION OF ROBIN SETOM. 

On the petition of Robin Setom, an aged Indian, setting 
forth, that by reason of age and infirmity, he is past labor, 
and has no other means of supporting himself & his wife, 
than by selling a part of his land. 

Ordered, that the Petitioner notify the inhabitants of 
the town of Edgartown, by serving the Clerk of the said 
Town with an attested copy of his petition and this order 
thereon forty days at least before the second Wednesday 
of the next Session of the General Court, that the said 
town may then appear, and shew cause, if any they have, 
why the prayer of said Petition should not be granted. 

June 27, 1798. 

Chapter 47. 

RESOLVE AUTHORISING THE GOVERNOR TO MAKE APPLICATION 
FOR THE CONSENT OF THE GOVERNMENT OF THE UNITED 
STATES TO CONFINE THE CONVICTS ON CASTLE ISLAND UNTIL 
OTHERWISE PROVIDED FOR. 

Resolved That his Excellency the Governor be and he 
hereby is authorized and requested to make application 
for the consent of the Government of the United States to 
confine on Castle Island in the Harbour of Boston, the 
Convicts sentenced or that may be sentenced to hard 
labour, before the United States shall talce possession of 
the said Island until they shall be discharged in due course 
of law, or until the Legislature shall provide for the re- 
moval of said Convicts to some other place. 

And it is further Resolved, That if the consent afore- 
said cannot be obtained on such terms and conditions as 
the Governor may approve, or if the Convicts cannot in 

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



Kesolves, 1798. — May Sessio:n^. 197 

his opinion be continued on Castle Island consistent with 
the Publick safety, his Excellency the Governor is hereby 
authorized & requested to cause said Convicts to be re- 
moved to and distributed in such of the Goals in this 
Commonwealth as he shall think proper. 

June 26, 1798. 

Chapter 4:7a.* 

ORDER ON THE PETITION OF ANDREW CRAIGIE AND OTHERS. 

On the Petition of Andrew Craigie & others praying to 
be incorporated for the purpose of dikeing certain Lands 
in the Town of Cambridge. 

Ordered that the Petitioners notify all concerned, by 
publishing an attested Copy of their Petition with this 
order thereon in the Massachusetts Mercury, printed by 
Young & Minns thirty days at least before the tirst Tues- 
day of the next Session of the Genl. Court, that they may 
then appear & shew Cause (if any they have) why the 
prayer thereof should not be granted. Juyie 27, 1798. 

Chapter 48. 

RESOLVE ON THE PETITION OF JOHN WARREN, OF BOSTON, 
AUTHORISING THE COMMITTEE FOR THE SALE OF EASTERN 
LANDS TO EXECUTE A DEED. 

On the Petition of John Warren of Boston, setting forth, 
that he has in possession certain Contracts for land, made 
by the Committee for the sale of eastern Lands, with 
Moses Barnard & others, and assigned by them to him, 
for which, the sd. Barnard & other's Notes were given to 
the Treasurer, & such of them as have become due have 
been paid by sd. Warren; — and praying, that absolute 
deeds may be given him, on his depositing in the Treas- 
ury good and sufficient Security for the punctual pay- 
ment of the remaining Notes of the sd. Barnard & others, 
as they become due. 

Resolved, That the Prayer of sd. Petition be granted, & 
that the Committee for the sale of eastern lands be, and 
they are hereby authorized, & directed, to make and exe- 
cute to the sd. John Warren, good and sufficient deed, or 
deeds, of the aforesaid lands, agreably to the terms in sd. 

* Not printed in previous editions. 



198 Resolves, 1798. — Mat Session. 

Contracts, on condition, of his previously depositing in the 
public Treasury, ample security, to the satisfaction of the 
Governor and Council, for the payment of the Notes given 
for sd. land as they may become due. June 27, 1798. 

Chapter 4:8a.* 

ORDER ON THE PETITION OF GAD WARRINER AND OTHERS. 

On the petition of Gad Warriner & others. 

Ordered, that the Petitioners notify the Inhabitants of 
the Towns of West Springfield, & Westfield, by Serving 
the town Clerk, of each of the said Towns, with an Attested 
Copy of their said Petition, and this Order thereon, 
thirty Days at Least previous to the second Wednesday 
of the next Session of the General Court, then to appear, 
and shew cause, (if any they have) why the Prayer thereof 
should not be granted. June 28, 1798. 

Chapter 49. 

RESOLVE ON THE PETITION OF THADDEUS PARTRIDGE. 

On the petition of Thaddeus Partridge of Barre in the 
County of Worcester. 

Resolved for reasons set forth in said petition that the 
said Partridge be and he hereby is authorized and empow- 
ered at the next Court of Common Pleas to be holden at 
Worcester within and for the County of Worcester on the 
monday next preceding the last tuesday of August next 
to reenter upon the docket of said Court a certain action 
or plea of the case heretofore depending in said Court 
wherein said Thaddeus was plaintiff and Gideon Tenny of 
Northborough in said County was defendant; which said 
action was entered in said Court at the term thereof in 
March in the year 1795 and dismissed upon the non ap- 
pearance of both said parties at the term of said Court in 
December 1796. And the said Court of Common Pleas 
is hereby authorized and empowered to sustain hear and 
determine said action and to issue execution thereon both 
with respect to the original demand and the costs of suit in 
the same manner as if said cause had been regularly con- 
tinued from term to term in said Court ; the said dismissal 
of the same action notwithstanding. Provided neverthe- 

* Not printed in previous editions. 



Eesolves, 1798. — May Session. 199 

less that the said Partridge shall cause the said Tenney to 
be served by the proper officer with an attested copy of 
this resolve fourteen days at least before said next term 
of said Court. Ju7ie 27, 1798. 

Chapter 49a.* 

ORDER ON THE PETITION OF THE SETTLERS OF TOWNSHIP 
NUMBER THREE. 

Upon the Petition [appointed] by the inhabitants and 
settlers of Township Number three, East of Penobscot 
River in the County of Hancock, praying that the Attorney 
General may be directed to institute an Inquest of Office 
against David Marsh and others, original Grantees of the 
Township aforesaid, for a breach of the condition of the 
said Grant and Confirmation. 

Ordered, that the Petitioners notify the said David 
Marsh and others, Grantees and Proprietors of the Town- 
ship aforesaid, by printing their said Petition and this 
Order of notice thereon, in the Massachusetts Mercury, 
printed at Boston, three weeks successively; — the last 
publication to be sixty days at least before the second 
Wednesday of the nejit Sitting 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 27, 1798. 

Chapter 50. 

RESOLVE ON THE PETITION OF AARON FARNSWORTH AND 

OTHERS. 

On the petition of Aaron Farnsworth Nathaniel Kezar, 
junr. and Luther Kezar, setting forth that in the life time 
of Edmund Tarbell late of Groton miller deceased they 
severally gave to the said Tarbell deeds of certain tracts 
of land lying in Groton and Shirley for the security of 
certain sums of money which they severally owed to said 
Tarbell ; that is to say that the said Farnsworth gave a 
deed to said Edmund of certain lands in said Groton bear- 
ing date Dec. 19, 1795, recorded in the registry of deeds 
in the county of Middlesex book 124 page 411 for the 
security of fifty dollars ; that said Nathaniel gave a deed 
to said Edmund of certain lands in said Shirley dated Jan- 

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



200 Resolves, 1798. — May Session". 

uaiy 19, 1796 recorded in said registry book 124 page 412 
for security of eighty five dollars ; and that said Luther 
gave said Edmund a deed of certain other lands in said 
Shirley dated on said 19th day of January and recorded 
in said registry book 124 page 419 for security of the 
other sum of eighty five dollars. That at the time said 
deeds were given it was the intention of said Edmund 
to have given back to said petitioners respectively bonds 
of defeasance for the reconveyance of said lands upon pay- 
ment of said sums respectively, but altho' said Edmund 
had himself prepared said bonds ready to be executed he 
soon after died very suddenly never having executed them 
— and that said tracts of land are severally of much 
greater value than they were respectively conveyed to 
secure. And praying that some person may be authorized 
to reconvey to them respectively their lands aforesaid upon 
payment to the administrator upon said Edmunds estate 
of all sums by them respectively owing to said Edmund 
at the time of his decease. 

Resolved for the reasons aforesaid and others mentioned 
in said petition, That the administrator upon the estate 
of said Edmund Tarbell together with Sally Tarbell widow 
of the said Edmund be and they are hereby authorized to 
reconvey to said Aaron Nathaniel and Luther respectively 
the several tracts of land aforesaid provided the said 
Aaron Nathaniel and Luther shall respectively pay to said 
administrator the full amount of all sums by them due and 
owing to said Edmund at the time of his decease with the 
interest thereof to the time of payment. Provided also 
that said administrator shall first give bond to the Judge 
of Probate for said county conditioned that [that] he will 
put out all money which he may receive on any such re- 
conveyance, at interest and will pay to the said widow the 
interest of one third thereof during her life and that the 
residue of the interest thereof and all the principal shall 
be secured to the child and heir of said Edmund like other 
personal estate, belonging to said child out of said Ed- 
mund's estate. June 28, 1798. 

Chapter 50a.* 

ORDER ON THE PETITION OF JOHN THAYER AND OTHERS. 

On the petition of John Thayer and others, inhabitants 
of the town of Belchertown praying to be set ofi" from said 

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



Resolves, 1798. — Mat Session. 201 



Belchertown for all parochial purposes and to be annexed 
to the second parish in Amherst. 

Ordered that the petitioners notify the inhabitants of 
said Belchertown, by serving the Clerk thereof with an 
attested copy of their petition and this order thereon, 
thirty days at least before the second Friday of the next 
Session of the General Court, that they may appear on 
said day and shew cause, if any they have, why the prayer 
of said petition should not be granted. 

June 23, 1798. 

Chapter 51. 

RESOLVE GRANTING TO JACOB KUHN 300 DOLLARS TO PUR- 
CHASE FUEL. 

Resolved that there ])e allowed & paid out of the Treas- 
ury of this Commonwealth to Jacob Kuhn Messenger of 
the General Court the sum of three hundred 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 28, 1798. 

Chapter 52. 

RESOLVE FOR PAY OF CLERKS OF HOUSE AND SENATE. 

Resolved that there be allowed and paid out of the Pub- 
lic Treasury to Mr. Edward McLane Clerk of the Senate 
One hundred & thirty three Dollars, & to Henry Warren 
Esq. Clerk of the House of Representatives One hundred 
& thirty three Dollars on account of their services as 
Clerks aforesaid, for the present year, they to be account- 
able for the same respectively. Jane 28, 1798. 

Chapter 53a.* 

ORDER ON THE PETITION OF JOHN SAMSON AND OTHERS. 

On the petition of John Samson and others, inhabitants 
of the Town of Middleborough in the County of Plymouth, 
praying that they with their estates may be set off from 
the precinct in Carver & annexed to the first precinct in 
Middleborough. 

Ordered, that the petitioners notify the inhabitants of 
the said Precinct, of Carver, by serving the Clerk thereof 

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



202 Resolves, 1798. — May Session. 

with an attested copy of their petition and this order 
thereon, thirty days at least before the second Tuesday 
of the next Sessions of the General Court, that they may 
appear on said day, and shew cause if any they have, why 
the prayer of said petition should not be granted. 

June 28, 1798. 

Chapter 53. 

RESOLVE ON THE REPORT OF THE" AGENTS RESPECTING THE 
OLD STATE HOUSE. 

Resolved, That if the Counties of Suffolk & Norfolk and 
the Town of Boston, shall duly authorize any person or 
persons to make sale of their respective right, & interest 
in and to the Old State House, & land thereto belonging 
The Agents for building the New State House, shall and 
are hereby authorized & empowered to unite wnth such 
person or persons, as may be appointed by said Counties 
& Town for the purpose aforesaid, and make sale of the 
Old State House and land thereto belonging either at Pub- 
lic Auction or private sale as the Agents & persons afore- 
said may think best — ^Jro^;^V7ef? the Counties and Town 
aforesaid will agree that one half of the net proceeds of 
such sale shall be paid into the Publick Treasury for the 
use of this Commonwealth. 

And be it further Resolved, That if the said Counties of 
Suffolk & Norfo[?]k & the Town of Boston, will not agree, 
that the net Sales of the Old State House and land thereto 
belonging shall be divided in manner aforesaid, the Agents 
of this Commonwealth are hereby authorized and empow- 
ered to agree with the person or persons that may be ap- 
pointed by the Counties and Town aforesaid, to state the 
facts relative to the claim of the respective parties to the 
said Old State House and land thereto belonging, to 
the Judges of the Supreme Judicial Court, and to consent 
that the decision of said Judges respecting the premises 
shall be final and conclusive, and to make a division con- 
formable to such decision of the proceeds of the Sale to 
be made as directed by these resolutions. 

And it is further Resolved That the Justices for the 
County of Suffolk, are hereby authorized at any Court of 
General Sessions for said County, to appoint an agent or 
agents, for the purpose of selling & conveying said Old 
State House and land thereto belonging, or to agree with 



Resolves, 1798. — May Session-. 203 

the agents of the other claimants in manner provided by 
these resolves — and the justices for the County of Norfolk, 
are hereby authorized in like manner to appoint an agent 
or agents for the purpose aforesaid — And all the acts and 
doings of said Agents thus appointed, respecting the sale 
and conveyance of said Old State House & land thereto 
belonging, also any agreement that may be made by said 
agents with the agents for the other claimants so far as it 
respects the claim of said Counties to the said Old State 
House & land thereto belonging, shall be binding on said 
Counties respectively, and shall be valid to all intents & 
purposes. June 28, 1798. 



Chapter 53a.* 

ORDER ON THE PETITION OF THE INHABITANTS OF TOWNSHIP 

NO. 1. 

On the Petition of the inhabitants of Township No. 1, 
in the first range North of the Plymouth Claim, on the 
East side of Kennebeck river with the Inhabitants settled 
on a strip of land lying between said Township and the 
town of Norridgwock, praying that said Tract of land may 
be incorporated into a Town. 

Ordered, that the petitioners publish an attested Copy 
of their petition with this order thereon, three weeks suc- 
cessively in the Kennebeck Intelligencer, the last publica- 
tion to be sixty days at least before the first Monday of 
the next Session of the General Court, that all persons 
interested may then appear and shew cause if any they 
have, why the prayer of said petition should not be 
granted. June 28, 1798. 



Chapter 54. 

RESOLVE ON THE PETITION OF NATHANIEL PAINE, ESQ. IN BE- 
HALF OF THE T0"\VN OF WORCESTER. 

On the Petition of Nathaniel Paine Esqr. in behalf of 
the Town of Worcester, praying compensation for two 
Iron Cannon with their Carriages & Apparatus, which 
were remov'd from Worcester to Glocester in the year 
1775, for the use of the Commonwealth; which Cannon 
were never return'd or any payment made for them. 

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



204 Eesolves, 1798. — May Session. 

Resolved, That there be allowed & paid out of the Pub- 
lic Treasury of this Commonwealth to the Select Men of 
the Town of Worcester for the use of said Town, the sum 
of Three hundred Dollars in full of all demands for said 
Iron Cannon with their Carriages & Apparatus. 

Jxine 28, 1798. 

Chapter 55. 

RESOLVE PAYING THE COMMITTEE ON ACCOUNTS. 

Resolved, that their be paid out of the Public Treasury 
of this Commonwealth to the Committee appointed to ex- 
amine & pass on accounts for their attendance on that 
service the present Session the sums annexed to their 
names in addition to their pay as members of the Legisla- 
ture viz. To the Hon. Isaac Thompson Esq. for twenty 
three days attendance Eleven Dollars and Fifty Cents, to 
the Hon. Ebenezer Thayer Esq. for twenty three days 
attendance Eleven Dollars Fifty Cents. To Silas Hol- 
man & Nathan Fisher Esqrs. for twenty three days each 
Eleven Dollars Fifty Cents and To Seth Smith Jun. Esq. 
for sixteen days attendance Eight Dollars — which sums 
shall be in full for their Services aforesaid. 

June 29, 1798. 



Chapter 56. 

RESOLVE AUTHORISING THE TREASURER, TO ADJUST AND 
SETTLE THE ACCOUNTS OF NICHOLAS TILLINGHAST, AGENT 
ON A CERTAIN ESTATE, IN FREETOWN, BELONGING TO THOMAS 
GILBERT, AN ABSENTEE, AND MAKE HIM COMPENSATION FOR 
HIS SERVICES. 

Whereas by a Resolve passed Feb. 24, 1796 Nicholas 
Tillinghast Jr. was appointed an agent of the said Com- 
monwealth for the purpose of selling a certain estate 
situate in Freetown in the County of Bristol, heretofore 
belonging to Thomas Gilbert Jnr. (an Absentee) which has 
become the property of the said Commonwealth by Con- 
fiscation, and was directed to pay the proceeds of said 
estate into the Treasury of this Commonwealth & to render 
a statement of the Claims of Creditors to said estate to 
the General Court in order that said Claims might be 
equitably paid : 

Resolved, That the Treasurer of this Commonwealth be 



Kesolves, 1798. — May Session. 205 

& he is hereby authorised & directed to adjust & settle the 
Accounts of the said Agent with this Commonwealth & 
to make the said agent such Compensation for his services 
as is reasonable — out of the proceeds of said Estate. 
And also to pay the proceeds of said estate, in just pro- 
portion, to the Creditors of said estate, whose claims shall 
be rendered by said agent. June 29, 1798. 

Chapter 57. 

RESOLVE DISCHARGING MARTIN KINGSLEY FROM HIS AGENCY, 
so FAR AS RESPECTS SUITS NOW PENDING, AND APPOINTING 
OTHER AGENTS. 

Whereas it is represented to this Court that Martin 
Kingsley Esqr. who was joint agent with Danl. Bigelow 
Esqr. on the Estate of Timo. Eiiggles Esqr. a Conspira- 
tor for the purposes expressed in a resolve of Feby. 28 
1795 is removed out of the Commonwealth without com- 
pleating the business of his Appointment ; and that it is 
necessary another agent should be appointed in his place 
to carry the aforesd. purposes into effect : 

Resolved, That the said Martin Kingsley Esqr. be dis- 
charged from his said Agency so far as it respects suits 
now pending, or commenced, or here after to be com- 
menced against any Creditor of the said Estate sued or 
suable by virtue of the said Resolve of Feby. 28, 1795 
and Nathanl. Paine Esqr. is appointed joint agent with the 
said Danl. Bigelow, Esqr. in the place of said Kingsley 
and the said Danl. Bigelow Esqr. & the said Nathl. Paine 
Esqr. shall proceed agreably to the same Reso[Z]ve to 
compleat the business therein prescribed to be done & 
conq)leated. June 29, 1798. 

Chapter 57a.* 

ORDER DIRECTING THE SECRETARY TO PUBLISH ACT REGULAT- 
ING ELECTIONS. 

Ordered that the Secretary be, and he hereby is directed, 
to cause the Act passed the present Session of the Gen- 
eral Court, entitled "An Act in addition to the several 
laws regulating Elections to be published in the Massachu- 
setts Mercury printed in Boston by Young and Minns, 
and in some Newspaper in each other town within this 

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



206 Resolves, 1798. — Mat Session. 

Commonwealth, in which such paper is printed, and also 
to transmit a copy of the said Act to the Selectmen of the 
several Towns and Districts, and Assessors of the several 
plantations within the Commonwealth, as soon as may be. 

June 29, 1798. 

Chapter 58. 

RESOLVE ON THE PETITION OF THOMAS HARLING. 

On the Petition of Thomas Harliog, praying for com- 
pensation for his ingenuity and services in erecting powder 
mills, and carrying into effect the art of making powder 
as well as constructing mills and machines for boring and 
making of cannon out of solid iron, during the late 
American war. 

Resolved, for reasons set forth in said Petition that there 
be and hereby is granted to the said Thomas Harling, one 
thousand acres of land, from the unappropriated lands be- 
longing to this Commonwealth in the District of Maine, 
" except those upon Penobscot river," to be laid out under 
the direction of the Committee for the sale of Eastern 
lands, as a full compensation for his services aforesaid. 

June 29, 1798. 

Chapter 59. 

RESOLVE ON THE PETITION OF JESSE WALCUTT. 

On the petition of Jesse Walcutt praying that certain 
Suits against Jabez Walcutt his son, Joseph Sawyer & 
William Woodbury sureties for his son for the Recovery 
of penalties of their Recognizances may be discontinued 
on condition set forth in his petition and that three hun- 
dred and thirty-three dollars and one third may be paid to 
said Jesse for the support of the said Jabez's children — 
And on the petition of Mary Walcutt praying that the pen- 
alties of the said Recognizances may be granted to her, she 
being the said Jabez's wife & mother of the said children, 
but divorsed from bed & board by Reason of the abuses of 
the said Jabez. 

Resolved that the penalties of the Recognizances of the 
said Sawyer & Woodbury amounting to the sum of three 
hundred & thirty three dollars and one third & being half 
the amount of the whole, be appropriated, & paid to the 
said Mary, to her seperate use (& to be by her held or dis- 



Kesolves, 1798. — Mat Session. 207 

posed of in manner as she might of allimony duly allowed) 
by the officer or person now or hereafter holding the same 
who is hereby directed to pay the same accordingly — and 
the Receipt of the said Mary shall be a sufficient discharge 
therefor. 

and be it further Mesolved that the penalty of the said 
Jabez' Recognizance amounting to the said sum of three 
hundred and thirty three dollars & one third being the 
other half of the whole sum forfited be Appropriated and 
paid to the said Jesse by the Officer or person now or 
hereafter holding the same who is hereby directed to pay 
the same accordingly, and the Receipt of the said Jesse 
shall be a sufficient discharge therefor. — Provided that 
the said Jesse previously give bond with sufficient sureties 
to the Judge of probate for the County of Worcester to 
pay the same sum of three hundred & thirty three dollars 
& ^ in equal portions to the said Children who shall 
be alive at the time when the youngest may arive to the 
age of twenty one years the Interest of the said three hun- 
dred and thirty three dollars & \ to be for the support of 
said Children — and the said Judge is hereby directed to 
take said bond accordingly. June 29, 1798. 

Chapter 60. 

RESOLVE GRANTING FIFTY DOLLARS TO WILLIAM HARRIS. 

Mesolved That there be allowed & paid out of the Pub- 
lick Treasury, to William Harris fifty dollars in full for 
his services in arranging the papers in the Secretarys 
office, which had not been regularly filed since the year 
1747 — when the Old State House was consumed by fire. 

June 29, 1798. 

Chapter 61. 

RESOLVE ON THE PETITION OF WATTS TURNER AND WILLIAM 
GOWEN, DISCHARGING THEM FROM ANY DEMAND AGAINST 
THEM ON THE TAX GRANTED OCT. 1781. 

On the petition of Watts Turner & William Gowen 
Collectors of the Town of Medford. 

Resolved That the said Turner & Gowen be and they 
are hereby discharged from any demand the Common- 
wealth has against them on the Tax granted Octo. 1781 — 
and the Treasurer is directed to govern himself accord- 
ingly. Jime29,1798. 



208 Resolves, 1798. — May Session. 

Chapter 62. 

RESOLVE GRANTING FIFTY DOLLARS TO THOMAS WALCUT. 

Resolved that there be allowed and paid out of the Pub- 
lick Treasury to Thomas Walcut fifty dollars on account 
of his services the present Session of the General Court 
he to be accountable for the same. 

And it is further Resolved^ that the said Walcut be and 
he hereby is authorized to exhibit his account for said 
Services to the Committee on Account [ts] for examination 
and allowance. June 29^ 1798. 

Chapter 63. 

RESOLVE ON THE PETITION OF ANTONY FRANCIS, DIRECTING 
THE SECRETARY TO CERTIFY THE BALANCE DUE TO HIM. 

On the petition of Antony Francis. 

Resolved That the Secretary of the Commonwealth be 
and hereby is authorized and directed to Certify to the 
[the] Governor & Council, the balance due to Antony 
Francis a Soldier in Coll. Crane's Regiment of Artillery, 
in the same way and manner, as the balances due to other 
Soldiers have been certified. June 29, 1798. 

Chapter 64. 

RESOLVE ON THE PETITION OF JOSIAH LITTLE, EMPOWERING 
THE ATTORNEY GENERAL TO ENTER INTO A RULE OF THE 
SUPREME JUDICIAL COURT, ALL THE CONTROVERSIES AND 
DISPUTES SUBSISTING BETWEEN THE COMMONWEALTH AND 
THE PEJEPSCOT PROPRIETORS. 

Whereas it is expedient that the Attorney General 
should be authorized & empowered to submit under a Rule 
of the Supreme Judicial Court, if he should think fit, all 
or any of the Controversies & disputes subsisting between 
the Commonwealth & the Pejepscot Proprietors : 

Therefore Resolved, that ye Attorney General be & he 
hereby is authorized and empowered to enter into a Rule 
of ye Supreme Judicial Court at their next term to be 
holden in the County of Lincoln and therein in behalf of 
ye said Commonwealth to Submit all or any of ye contro- 
versies disputes claims & demands Subsisting between ye 
Commonwealth and the Pejepscott Proprietors so called, 
to the award & final determination of any three or Five 
disinterested persons to be mutually agreed upon by the 
said Attorney General & the Agent of ye said Pejepscott 



Resolves, 1798. — May Session. 209 

proprietors jjrovided the said Attorney General shall think 
it for ye Interest of ye Commonwealth, and ye said Sub- 
mission shall be upon such conditions Limitations and re- 
strictions as ye said Attorney General may think for ye 
benefit & interest of this Commonwealth and all concerned. 
Provided the same is not inconsistent with the stipulation 
hereafter mentioned. 

And whereas disputes and controversies have subsisted 
between the said Proprietors, and the persons, that have 
settled, and made improv[e]ments on the land claimed by 
said Proprietors, and whereas it is for the interest of all 
concerned, that some equitable mode should be provided 
for terminating said disputes, and discontents that now 
exist in the County of Lincoln in consequence of said con- 
troversy — 

It is further Resolved That the Attorney General be 
and he hereby is authorized to make the submission afore- 
said j9?'oi7VZei^ the said Proprietors will stipulate that they 
will lay out and sell to each and every settler now on the 
land that may be awarded to said Proprietors, and remains 
undivided, one hundred Acres of land to be so laid out as 
shall best include the improvements of said settlers, re- 
spectively and be least injurious to the adjoining lands, 
for so much money and on such terms and conditions as 
three Commissioners to be appointed by the Governor 
with advice of Council, or a major part of said Commis- 
sioners shall judge reasonable ; and if any dispute shall 
arise in locating the lots for the settlers, that the same 
shall be decided by said Commissioners or in such manner 
as they shall direct, the expence of said Commissioners to 
be paid by the said proprietors and settlers in equal halves. 

And it [is] further Resolved, That if any of the settlers 
aforesaid shall neglect or refuse to pay to said Proprie- 
tors such a compensation for their respective lots, as may 
be determined by the Commissioners, within the time by 
them directed the Proprietors, shall not be held by this 
resolve to sell to the person so neglecting or refusing. 

June 29, 1798. 

Chapter Q5, 

RESOLVE ON THE MEMORIAL OF THE JUSTICES OF THE COURT OF 
GENERAL SESSIONS OF THE PEACE FOR THE COUNTY OF 
LINCOLN, REQUESTING THE DIVISION OF THE COUNTY. 

On the memorial of the Justices of the Court of General 
Sessions of the Peace within & for the County of Lincoln, 



210 Resolves, 1798. — Mat Session. 

praying for a resolve recommending to the Inhabitants of 
the several towns & plantations in said County, to assem- 
ble in their towns & plantations, & elect a Delegate to 
meet in Convention to consider the expediency of a divi- 
sion of said County & to agree upon the dividing line. 

Resolved that the prayer of said Memorial be so far 
granted that the Inhabitants of the several Towns & plan- 
tations in said County of Lincoln, qualified to vote in the 
choice of Counsellors & Senators be & they hereby are 
authorised to assemble & choose a Delegate or Delegates 
in each Town & plantation, to meet in a Convention to be 
held at Hallo well in said County on the fourth Tuesday 
of October next for the purpose of considering the ex- 
pediency of a division of said County, into two Counties, 
and to ascertain & agree upon such dividing line, as shall 
in their opinion, under a consideration of all circumstances, 
contribute most to tlie general Interest and convenience of 
said County, and the inhabitants thereof, and to make re- 
port of their proceedings on the second tuesday of the 
next session of the General Court. 

Provided always that no Town or plantation shall elect 
more than one Delegate, excepting Towns or plantations 
in which there are three hundred rateable polls or up- 
wards ; & in such places two Delegates only may be 
elected. Provided also That each Town & plantation shall 
be at the expence of their Delegate or Delegates so chosen. 

A7id be it further Resolved that the Secretary be, and 
he is hereby directed to transmit to the Selectmen & as- 
sessors of the several towns & plantations in said County 
copies of this resolve seasonably for the assembling of 
the Inhabitants of such towns & plantations for the choice 
of a Delegate or Delegates to meet in convention as afore- 
said. June 29, 1798. 



Chapter G6. 

RESOLVE ON THE PETITION OF PAUL DUDLEY SARGENT, JUDGE 
OF PROBATE FOR THE COUNTY OF HANCOCK, AUTHORIZING 
THE COURT OF SESSIONS TO MAKE HIM COMPENSATION FOR 
HIS PAST SERVICES, AND FOR HIS FUTURE SERVICES, IN AD- 
DITION TO THE FEES ESTABLISHED BY LAW. 

On the petition of Paul Dudley Sargent Judge of Pro- 
bate for the County of Hancock stating that the fees al- 
low'd said Judge by law are not an adequate compensation 



Eesolves, 1798. — May Sessioi^. 211 

for his services, and it appearing that the same are not 
sufficient. 

Therefore Resolved, that the Court of General Sessions of 
the Peace for said County be, and hereby are authoriz'd and 
empower'd to grant the said Sargent such compensation for 
his past services as they may consider him equitably en- 
titled to ; and also to make the Judge of Probate for said 
County for the time being such allowance for his future ser- 
vices, in additicm to the fees that are, or may be, establish'd 
by law, as they may judge reasonable and just, to be paid 
out of the Treasury of said County. June 29, 1798. 



Chapter 67. 

RESOLVE REQUESTING THE SENATORS AND REPRESENTATIVES 
IN CONGRESS TO PROPOSE AN AMENDMENT TO THE CONSTI- 
TUTION PROVIDING, THAT NONE BUT NATURAL BORN SUB- 
JECTS BE ELIGIBLE TO CERTAIN OFFICES. 

"Whereas it is highly expedient, that every constitutional 
barrier should be opposed to the Introduction of Foreign 
Influence, into our National Councils, & that ye Consti- 
tution of ye United States should be so amended as to 
effect and Secure in ye best manner ye great objects for 
which it was desio;ned : 

Resolved that the Senators & Representatives of this 
Commonwealth in the Congress of the United States, be, 
and they hereby are requested to use their best endeavours, 
that Congress propose to the Legislatures of the several 
States, the following amendment to the Constitution of 
the United States, viz. " That (in addition to the other 
qualifications prescribed by said Constitution) no person 
shall be eligible as President or Vice President of ye 
United States nor shall any person be a Senator or Repre- 
sentative in ye Congress of ye United States except a 
natural born Citizen ; or unless he shall have been a Resi- 
dent in the United States at ye time of ye declaration of 
Independence, and shall have continued either to reside 
within the same, or to be employed in its service from 
that period to ye time of his election." 

And whereas the Spirit of Amity, & mutual Concession 
which produced ye Federal Constitution, ought always to 
be cultivated in the proposition & adoption of any amend- 
ments to ye same : 

Resolved further , that in case the Senators and Repre- 



212 Resolves, 1798. — May Session. 

sentatives of this State in Congress shall find, that ye 
amendment above proposed is not perfectly conformable 
to the wishes & sentiments of a Constitutional majority of 
both branches of ye National Legislature, they are hereby 
empowered & requested so to modify ye same, as to meet 
ye sentiments of such majority — Provided however and 
it is ye wish & opinion of this Legislature, that any amend- 
ment which may be agreed upon, should exclude at all 
events from a Seat in either branch of Congress, any per- 
sons who shall not have been actually naturalized at ye 
time of making this amendment and have been admitted 
Citizens of the United States Fourteen years at least at 
ye time of such election. 

Resolved further, that his Excellency ye Governor is 
hereby requested to communicate ye foregoing Resolves 
to the Supreme Executives of ye several States with a 
request that ye same may be submitted to ye considera- 
tion of their respective Legislatures ; and that ye Presi- 
dent of the Senate and the Speaker of this House be 
requested forthwith to transmit ye same to the Senators 
& Representatives of this State in Congress. 

June 29, 1798. 

Chapter 68. 

(ROLL NO. 39.) 

The Committee on Accounts having examined the Ac- 
counts they now present — 

Report, that there is due to the Towns and persons here- 
after 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. 

ISAAC THOMSON pr. order. 

Pauper Accounts. 

Dolls, cts. 

To the Town of Abington for supporting Margret Benner 

to June 9th 1798 53 52 

To the Town of Boxborough for boarding & Cloathing 

John Kenadey to May 5th 1798 39 71 

To the Town of Blanford for supporting James Carter to 

Jany. 19th 1798 including Cloathing . . . . 113 43 

To the Town of Brunswick for the support of John Muray 
to June 1798 including Doctrs. bills & for Peter Kim- 
ball & Olley Kimball to June 1798 54 31 

To the Town of Brookfield for supporting John Woodin 

& Luke Fenney, to May 5th 1798 145 25 



Resolves, 1798. — May Session. 213 



To the Town of Billerica for supporting, Nursing & Doc- 

tering one Tliomas Mart and for removing him to Boston 13 50 

To the Town of Boston for supporting sundry paupers to 

June 1st 1798 including C[/]oathing .... 3453 3 

To Constant Freeman keeper of the Alms house to June 

1st 1798 240 35 

To Doctr. John Fleet Junr. for his attendn. & Medicines 

to paupers in sd Alms house 400 

To the Town of Coldrain for supporting William Wilson 

to May 23d 1798 25 40 

To the Town of Charleston for supporting John Conner 
to May 1st 1798 including Cloathing & two quarters of 
House I'ent for Benja. Long 48 53 

To the Town of Cheshire for supporting Ejohraim Rich- 
ardson an Idiot to May 2od 1798 incluiling Cloathing & 
Doctering Walther Graham's family to April ]8th 1798 77 33 

To the Town of Carlisle for supporting John Barber to 
June 9th 1798 including Cloathhag 22 25 

To the Town of Concord for boarding & Cloathing Wil- 
liam Shaw to June 7th 1798 25 

To the Town of Dartmouth for supporting John Quannew- 
ing to May 24th 1798 including Cloathing ... 95 

To the Town of Danvers for supporting Jerusha Bird & 

John Wooden to June 11th 1798 Including Cloathing . 64 80 

To the Town of Dover for supporting Patrick Cowin, to 
June 18th 1798 — Including Cloathing .... 34 

To the Town of Franklin for supporting Alexander Read 

to May 26th 1798, including Cloathing .... 90 

To the Town of Freeport for boarding, Nursing, Cloath- 
ing, Doctering & Burying Thos Hovey .... 59 70 

To the Town of Great Barrington for supporting Tom a 
negro, to May 21st 1798 Mary Hoose to May 24th Catha- 
rine Hoose to May 23d and Isaac Hoose to May 21st 
1798 Including Cloathing & Doctrs. bills ... 270 89 

To Joseph Hodgkins keeper of the House of Correction in 
the County of Essex for his boarding William Kelley, a 
Girl name unknown, Adeladea Negro woman, a Crazey 
person named Mary, a man whose name is unknown, 
Joshua a Negro, & Michael Melone, to June 6th 1798 
including Cloathing, also included the Extra Expence 
allowed by the Court of Sessions for them . . . 402 24 

To the Town of Greenfield for supporting John Battis & 
Unis Converse to June 1st 1798 Including Cloathing & 
Doctrs. bills 65 12 

To the Town of Granby for supporting Ebenezr. Duwin & 

John Murry to May 28th 1798 including Doctr. bills . 50 14 

To the Town of Granvell for supporting Thomas Wil- 
liams & his wife to May 1st 1798 31 11 

To the Town of Gloucester for supporting sundry pau- 
pers including (Jloathing to May 10th 1798 . . . 852 23 

To the Town of Ipswich for supporting & Cloathing sun- 
dry paupers to June 20th 1798 including Doctr. bills . 178 20 

To the Town of Lynn for supporting Bristol a Negro man 
to June 1798 including Doctr. bills and for Thomas Dug- 
lass to June 8 1798 ........ 90 86 

To Doctr. Jabez Lamb for Visits and Medicines Adminis- 

tred to William Mendon to May 25th 1798 ... 10 67 



214 Resolves, 1798. — Mat Session. 



To the Town of Lenox foi* supporting Chi'istian Crow in- 
cluding Cloathing & Doctr. bills to June 1st 1798, & for 
boarding, Cloathing, Nursing, Doctering & burying Jack 
Feely 69 74 

To John Long for Doctering Hennery Rogers' family to 

May 22d 1798 22 82 

To the Town of Marblehead for supporting John Cavender 

to May 29th 1798 including Cloathing, and Doctr. bills 186 83 

To Samuel Morey for Doctering Joseph Pratt to May 9th 

1797 8 50 

To the Town of Mendon for supporting John Hunt to 
June 1st 1798 26 

To the Town of Milford for supporting Sally Brown a 
Negro, and her two Children to May 26th 1798 includ- 
ing Nursing & Doctrs bills 30 54 

To the Town of Northampton for supporting Samuel 
Green to June 3d 1798 and Nancy McMulleu to June 
2d 1798 40 92 

To the Town of Nantucket for Providing for James & 

Newell, taken on shore from a schooner Avhich sunk . 22 60 

To the Town of New Salem for supporting Jesse Bedient's 

two Children to June 5th 1798 20 

To the Town of New Bedford for supporting Patience Syd- 

nal & three Children & Peggy Burnet to May 29th 1798 63 36 

To the Town of Pittsfield for supporting Joseph Douns in- 
cluding, Boarding, Nursing, Cloathing & Money for his 
passage to Connettieut 61 66 

To the Town of Portland for supporting Susannah Thomas 
& the widow Pader & Child to June Ist 1798 including 
Cloathing — and the Funeral Expen[c]es of a person by 
the Name of Avery ........ 54 16 

To the Town of Pembrook for supporting John Mendon to 

June 1st 1798 32 25 

To the Town of Plymouth for supporting Sundry Paupers 

to June 3d 1798 75 88 

To the Town of Royalstou for supporting a Child about 
three years old by the name of Joshua Capron to May 
29th 1798 10 70 

To the Town of Sandisfield for supporting John Dem- 

raing including Doctrs. bill and Funeral Expences . 172 67 

To the Town of Swanzey forsupjiorting Deborah Blinkins 
to June 2d and Fenner Parce to May 18th 1798 includ- 
ing Cloathing ......... 36 45 

To the Town of Salem for supporting sundry paupers to 
June 4th 1798 918 50 

To the Town of Shirley for supporting John Kelley to 

June 5th 1798 including Cloathing 70 63 

To the Town of Thomastown for supporting Anna Clark 

previous to 1796 80 74 

To the Town of Uxbridge for supporting Betty Trifle & 

Mitchel to May 29th 1798 55 

To the Town of Wilbraham for supporting John Brown 

to May 5th 1798 including Cloathing .... 86 50 

To the Town of Western for suppoi'ting William Johnson 
& his wife to May 22d 1798, John Wakley to May 17th 
1798 and Hannah Hayward to her death including fun- 
eral Expences 119 33 



Kesolves, 1798. — Mat Session. 



215 



To the Town of Westspi'ingfield for supporting Lucy Kent 
& her Child including Cloathing to May 21st 1798 . 

To the Town of Williamstown, for supporting Rachel 
Galusha to May 15th 1798 including Cloathing 

To the Town of Westborough for supporting John Scud- 
more to June 11th 1798 including Extra Nursing & 
Medicines 

To the Town of Wevmouth for supporting Thomas 
Wallace to June 8th 1*798 

To the Town of \yarren for supplies for William More- 
man to April 1st 1798 

To the Town of Woburn for supporting Thomas Hard- 
man to May 29th 1798 including Doctr. Prestons bill 

To the Town of York for supporting Elizabeth Perkins, 
William Kerswell and his wife, and Mary Crocker to 
June 4th 1798, including Cloathing & Doctrs. bills 

Militia Accounts. 



To Joseph Brigham Adjt. to June 20th 1798 

To Isaiah Byington Adjt. to June 13th 1798 

To Jonathan Burrows Adjt. to Feby 26th 1798 . 

To Isaac Clewley Adjt. to March 1798 

To Jeremiah Clapp Brigade Majr. to May 11th 1798 

To Ephraim Emory B. Majr. to June 1798 . 

To John Farrer Adjt. from May 1796 to May 1797 

To Barzilla Gannett for distributing Majr. General 

born's Orders to May 4th 1798 
To Mulford Howes Adjt. to January 13th 1798 . 
To William Jackson B. Majr. to May 14th 1798 . 
To Cyrus Keith Adjt. to June 11th 1798 
To Moses Merrill Adjt. to October 28th 1797 
To Daniel Philbrook Adjt. to June 5th 1798 
To Ebenezr Pray Adjt to January 15th 1798 
To Thomas Phillips B. Majr. to January 1st 1798 
To George Russell Adt. to' 1st INIay 1798 . 
To Beth Tinkham B. Majr. to September 1797 . 
To John Wasson Adjt. to May 12th 1798 . 
To Sampson Woods B. Majr. to May 11th 1798 . 
To Daniel Ware Adjt. to June 1798 . 
To Timothy Whiting Adjt. to June 1st 1798 
To Joshua Shaw Adjt. to Septr. 1796 . 



Expences of Court Marlials. 

To the Expences of a Court Martial whereof Col. Eliakim 
Adams was President held at Canton April 4th 1798 

To the Expences of a Court Martial whereof Col. James 
Colburn was President held in Medford April 1798 

To William Seaver & other Members of the Court of In- 
quirey held in Dartmouth July 13th & 14 — 1797 by 
order of B. General Cobb 

To the Expences of a Court Martial held at Newbury-port 
January 2d 1798 and held by Adjournment Feby. 8th 
1798 at Haverhill for the trial of Capt. Abel Boardman, 
Capt. Ithamar Emeson & Lt. David Wills whereof Lt. 
Col. Nathl. Lovejoy was President 



Dolls, cts. 

36 42 

139 

30 29 

32 35 

10 97 

152 33 

146 98 





9820 69 


Dolls. Cts. 


59 4 




21 13 




25 17 




25 95 




154 97 




42 49 




4 


Dear- 






23 75 




24 87 




37 91 




12 15 




30 75 




48 98 




8 85 




45 34 




10 64 




53 17 




21 50 




24 46 




30 45 




45 31 




26 65 



705 57 

Dolls. Cts. 

37 95 

70 87 

13 39 



178 13 



216 



Resolves, 1798. — May Session. 



Dolls. 


Cts, 


40 


68 


341 


2 


Dolls. 


cts. 


1 






To the Expeuce of a Court Martial held at Newbury Port 
ISIovr. 80th 1796 for the trial of Capt. Abel Boardman 
whereof Lieut. Colo. Jona. Evens was President . 



Miscellaneous Accounts. 

To Jeremiah Blanehard for summoning David Abbot and 
John Dilie to appear before the senate June 2d 1798 

To Peleg Coffin Esqr. Treasurer for Expenees in his office 
and for Oil in the New state house & for Painting in the 
Old Province House 101 93 

To Daniel Cowing, for Assisting the Messenger of the 
General Court three days the last Session and twenty 
Eight days this Session including the 28th of June . 54 25 

To Francis L. B. Goodwin for his services in Protecting 
the Lands of the Penobscott Indians from trespass, strip 
and AVast to June 1798 75 

To Jonathan Hastings the ballance due to him for Postage 

on the 31st Deer. 1797 220 27 

To William Marean for boarding & Providing for Levi 

Konkapot .......... 21 50 

To Joshua Holt for Boarding Cloathing, and schooling 

Levi Konkapot to June 2.oth 1798 43 32 

To Abraham Thare for four days, Assisting the Messenger 

of the Genl. Court the last Session 4 50 

To Jacob Kuhn the ballance due to him on his Account 

Currant 5 15 

To Benjamin Larkin for Ruling, stitching & pressing sun- 
dry liecord Books for the Clerk of the Supreme Court as 
pr. acct 29 

To Elias Richardson for taking care of the Arsenal in 

Cambridge to June 1st 1798 40 



Prijiters Accounts. 

To John Spooner for Printing the Acts & Resolves to June 
1st 1798 

To Thomas Dickman for ditto to June 1st 1798 . 

To Angler March for ditto to June 20th 1798 . 

To Thomas Adams for ditto to June 1798 . 

To Young & Minns Printers to the General Court to June 
23d 1798 



Sheriff Accounts. 

To Simon Larned for returning Votes for Governor «S;c. for 
1798 

To Richard Hunnewell for returning Votes for Governor 
&c. for 1798 

To Joseph Demick for returning Votes for Governor &c 
for 1798 



595 


92 


Dolls. 


cts. 


16 


67 


16 


67 


16 


67 


16 


67 


983 


90 


1050 


58 


Dolls. 


cts. 


11 


20 


24 





'. 6 


40 



41 60 



Resolves, 1798. — Mat Session. 



217 



Aggregl{C\te of Boll No. 39. 



Dolls. 


Cts. 


9820 


69 


1118 


55 


595 


92 


1050 


58 


41 


60 



Expence of State Paupers 
Ditto of Militia . 
Ditto of Miscellaneous . 
Ditto of Printing buisaess 
Ditto of Sheriffs' do. . 



12627 34 

Read & accepted and 

Resolved that there be allowed and paid out of the pub- 
lic Treasury to the several Corporations and persons men- 
tioned in this Eoll, the sums set against &uch Corporations 
and persons respectively amounting in the whole, to the 
sum of twelve thousand six hundred and tw^enty seven 
Dollars, and thirty [three] \_four'\ Cents — the same being 
in full discharge of the accounts and demands to which 
they refer. June 28, 1798. 

Chapter 69. 

RESOLVE AUTHORIZING THE GOVERNOR TO DISCHARGE THE 
OFFICERS AND MEN ON CASTLE ISLAND IN THE RECESS OF 
THE GENERAL COURT, IF HE SHALL FIND IT EXPEDIENT. 

Whereas the Legislature, the present Session have 
ceded Castle Island in the Harbour of Boston to the 
United States — which may render it unnecessary to con- 
tinue in pay the officers & men now stationed on said 
Island : 

Resolved, That his Excellency the Governor be and 
hereby is authorized to discharge the officers & men afore- 
said or any part thereof, at any time during the recess of 
the General Court — if in his opinion their services are 
unnecessary for the defence of the Commonwealth or for 
guarding the Convicts on said Island. June 29, 1798. 

Chapter 69a.* 

RESOLVE ON THE PETITION OF FRANCIS ANTONY MATIGNON, IN 
BEHALF OF THE PASSAMAQUODDY AND PENOBSCOT INDIANS. 

On the petition of Francis Antony Matignon Minister 
of the Catholick Church in Boston ; in behalf of the 
Indians in the District of Maine. 

Resolved, That there be, and hereby is, appropriated. 



♦ Not printed in previous editions. 



218 Resolves, 1798. — May Session. 

for the support of a Teacher of religion & morality, among 
the Indians, of the tribes of Penobscot & Passamaquoddy, 
a sum not exceeding two hundred dollars per annum, un- 
till the further order of the General Court : The same to 
be paid out of the publick Treasury, to such Teacher, as 
shall produce satisfactory evidence, to the Supreme Ex- 
ecutive, of his good moral & political character, & of his 
having faithfully performed the duty aforesaid, for the 
time he shall have been employed, and actually resided 
among the said Indians. 

Resolved fur titer, That there be paid out of the publick 
Treasury to the Quarter Master General, a sum not ex- 
ceeding two hundred dollars, for the purpose of defraying 
the expences of a number of Indians of the passamaquoddy 
tribe, now in the Town of Boston, during the time they 
shall tarry in the said Town, and also the expences of 
their passage from & to the place of their abode ; The 
Quarter Master General to be accountable for the expen- 
/diture of whatever sum, he shall receive by virtue of this 
Resolve. June 29, 1798. 



Chapter 70. 

RESOLVE AUTHORIZING THE GOVERNOR, WITH ADVICE OF THE 
COUNCIL, TO FORM THE WHOLE OF THE MILITIA IN THE 
TOWNS OF BOSTON AND CHELSEA INTO A LEGIONARY 
BRIGADE, WITH A PROVISO. 

Resolvcl. That his Excellency the Governor with advice 
of Councel, be and hereby is authorized to form the whole 
of the Militia in the Towns of Boston & Chelsea into a 
Legionary Brigade, in such manner as he shall Judge 
most expedient, which Legionary Brigade when formed, 
shall be under the same rules & regulations, in all respects 
as is provided by the Constitution and the Laws, for reg- 
ulateing and Governing the Militia of this Commonwealth, 
so far as said regulations may be applicable to such Le- 
gionary Corps. Provided nevertheless, that the foregoing 
Kesolve shall not be carried into Effect, untill the Governor 
with advice of Councel, shall have organized the residue 
of the first Division of Militia of which the said Towns of 
Boston and Chelsea now form a part, into two Brigades, 
in such maner, as shall in the Oppinion, of the Com- 
mander in Chief, be best calculated to produce harmony 
in said Division. June 29, 1798. 



Resolves, 1798. — May Session. 219 



Chapter 71. 

RESOLVE ALLOWING TO OSGOOD CARLTON AND JOHN NORMAN 
A FURTHER TIME TO COMPLETE THE MAP OF THIS COMMON- 
WEALTH. 

On the Representation of the Joint Committee appointed 
to examine the Map of this Comonwealth made by 
Osgood Carlton & John Norman. 

Besolved That Osgood Carlton & John Norman be 
allow'd a further Time of Seven Months to compleat the 
Map of this Commonwealth & it is expected that in the 
mean Time they correct all the errors in sd. Map & take 
out the many accidental Strokes in the Plate & also that 
they make the margins of the Rivers Ponds & Sea 
Coasts Neater and that the whole Plate be better polish'd, 
all which being done, they are directed to lay the same 
before the general Court at their next Session for their 
acceptance. June 29, 1798. 

Chapter 73. 

RESOLVE ON THE PETITION OF SAMUEL BAYLEY AND OTHERS, 
FOR RAISING A TROOP OF CAVALRY. 

On the petition of Saml. Bay ley & others praying for 
liberty to raise a troop of Cavalry in the first Brigade and 
first Division of the militia of this Commonwealth. 

Resolved that the said Bayley and others be authorized 
to raise a troop of Cavalry in the first Brigade of said 
first Division ; and his Excellency the Governor is re- 
quested to commission such persons as may be elected, 
according to law, officers for the same — provided no one 
of the standing Companies shall be reduced to a less num- 
ber than the law requires. 

And it is further Resolved that the said troop when 
organized, shall be annexed to the Regiment now under 
the command of Col. Joshua Bates. June 29, 1798. 

Chapter 73. 

RESOLVE ON THE PETITION OF GILBERT DENCH, AUTHORIZING 
HIM TO REVIEW A CERTAIN ACTION. 

On the Petition of Gilbert Dench of Hopkinton in the 
County of Middlesex praying for liberty to review a cer- 
tain Action commenced against him by Warham Parks of 



220 Kesolves, 1798. — May Session. 

Westfield in the County of Hampshire Esq. in which 
Action Judgment was rendered on the Default of the said 
Gilbert at the Court of Common Pleas holden at North- 
ampton within & for the said County of Hampshire on the 
second Tuesday of November in the Year of our Lord one 
thousand seven hundred & ninety four. 

Resolved, for reasons set forth in said Petition, that 
the said Gilbert Dench be & he hereby is authorized to re- 
view the said Action — & for that purpose, — at the next 
Supreme Judicial Court to be holden at Northampton in 
& for the said County of Hampshire on the fourth Tues- 
day of September next, the same Action of Review to 
enter at the said Term of the same Court — & to prosecute 
the same to final Judgment & Execution — & also to make 
any plea or pleas to the demands of the said Warham in 
the original Writ contained, as he the said Gilbert might 
have done in the Court of Common Pleas aforesd. — and 
the said Supreme Judicial Court are hereby authorized to 
take cognisance of the same & to proceed therein in the 
same way & manner as if such plea or pleas had been 
made in said Court of Common Pleas, & the cause had 
been bro't before said Supreme Court upon application to 
them for a like purpose ; and to determine the said Action 
upon the real merits of the original Action aforesd. — Pro- 
vided the said Gilbert cause the said Warham to be duly 
served with an attested Copy of this Resolve, fourteen 
days at least before the said fourth Tuesday of September 
and shall produce at said Court attested copies of all 
papers filed in said cause — And the Court of Common 
Pleas for said County of Hampshire are hereby authorized 
& required to continue until the said Action of Review is 
determined, an Action of Debt now pending in the same 
Court, bro't by the said Warham against the said Gilbert 
on the Judgment aforesaid. June 29, 1798. 

Chapter Id.* 

RESOLVE ON THE PETITION OF ELEAZER PARTRIDGE, GRANT- 
ING HIM LEAVE TO RE-ENTER A CERTAIN ACTION IN THE 
COURT OF COMMON PLEAS IN THE COUNTY OF WORCESTER, 
ORDERING HIM TO NOTIFY THE ADVERSE PARTY. 

On the petition of Eleazer Partridge of Barre in the 
County of Worcester. 

* Not signed by the governor. This note appears in pamphlet edition : " The 
following Resolve was omitted in its proper place in the copy furnished us." 



Resolves, 1798. — Mat Session. 221 

Resolved for reasons set forth in said petition tliat the 
said Partridge be and he hereby is authorized and em- 
powered at the next Court of Common Pleas to be holden 
at Worcester in and for said County on the monday next 
preceding the last tuesday of August next, to reenter upon 
the docket of said Court a certain action heretofore de- 
pending in said Court wherein Gideon Tenny of North- 
borough in said County was appellant from the Judgment 
of Charles Baker Esq. one of the Justices of the peace for 
said County, and said Partridge was appellee. Which 
said appeal was entered in said Court of Common Pleas 
at their term in December in the year 1794 and dismissed 
upon the non appearance of both said parties, at the Term 
of said Court in December 1796. And the said Court of 
Common Pleas is hereby authorized and empowered to 
sustain hear and determine said action and to issue execu- 
tion thereon both with respect to the original demand and 
the costs of suit in the same manner as if said cause had 
been regularly continued from term to term in said Court. 
The said dismissal of the same action notwithstanding-. 
Provided Nevertheless that the said Partridge shall cause 
the said Tenny to be served by the proper officer with an 
attested copy of this resolve fourteen days at least before 
said next term of said Court. June 18, 179S. 



RESOLVES ETC. 



GENERAL COURT OF MASSACHUSETTS. 

PASSED AT THE SESSION BEGUN AND HELD AT BOSTON, 
ON THURSDAY, THE TENTH DAY OF JANUABY, ANNO 
DOMINI, 1799. 



1798. — January Session. 

answer of the senate to the governor's speech at the 
opening of the session. 

May it please your Excellency^ 

The Senate with sincere satisfaction receive and recip- 
rocate the patriotic sentiments contained in your address 
to the two lioases of the Legislature. 

Amidst the trials and commotions which at present 
agitate so great a part of the World, the "tranquil and 
prosperous " state of the Commonwealth should be the sub- 
ject of our grateful acknowledgements to the Supreme 
Arbiter of Nations. May he dispose us, and our fellow 
citizens at large, to manifest our gratitude for the distin- 
guished blessings Avhich we enjoy as a people, by a 
uniform obedience to the laws, and a respect for the 
magistrates by whom they are faithfully administered. 

If an administration of the general Government, founded 
upon the principles of justice, and dictated by the purest 
motives, could have protected us either against foreign 
aggressions, or have insured the universal approbation of 
our own citizens, the American people might have ex- 
pected a long and happy season of repose and safety. 
But the experience of the present age affords us ample 
evidence, tliat the existence of our national honour and 
interest, depends under Providence upon our power to 
defend them. 



224 Resolves, 1798. — January Sessioit. 

Under the impression of this important truth, and from 
a careful review of the conduct of the present ruling 
powers of France, we look upon the prospect of an amica- 
ble and honorable adjustment of our differences with that 
nation as uncertain and delusive. We therefore cordially 
unite with your Excellency in declaring that we ought to 
" stand prepared at our Country's call" to defend to the 
last extremity those invaluable rights which the best blood 
of our Country has been expended to secure. 

Having an unshaken confidence in the wisdom and 
patriotism of the Federal Government, their preparations 
for our defence (should the unjust conduct of France drive 
us to the last resort) will meet our cheerful and ready co- 
operation. But from the present view of her situation, 
we have less to fear from her arms than from her insidious 
attacks upon the virtue of the people. That there should 
remain a single citizen in America so unhappily prejudiced 
as not to have developed her baneful influence and enmity, 
or armed himself against their pernicious operation, is a 
subject both of astonishment and regret. Her recent con- 
duct to the nations of Europe, and to America her earliest 
friend, affords a solemn admonition to all those who are 
yet blind enough to believe her the friend of liberty. 
From this conduct we are compelled to believe that her 
measures are dictated by nothing short of an insatiate 
thirst for empire and dominion, regardless of the property 
or rights of those from whom they may be wrested. 

"Let then the remains of political dissentions cease, 
and all orders of men unite in displaying those virtues, 
and that manly patriotic spirit which the exigences of the 
times demand." And when the period shall arrive at which 
the sword of self defence must be drawn, may we be in- 
spired by the recollection, that, as free born Americans, we 
can surrender our liberties but with our lives. 

The Senate assure your Excellency, that the several 
subjects of a local nature, recommended in your address 
to the consideration of the Legislature, shall receive their 
immediate and particular attention. 

ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOV- 
ERNOR'S SPEECH AT THE OPENING OF THE SENATE. 

May it please your Excellency, 

The House of Representatives receive with pleasure 
from the Supreme Executive, an assurance, which their 



Kesolves, 1798. — January Session. 225 

own observation fully corroborates, that the internal state 
of the Commonwealth, has been tranquil and prosperous 
during the recess of the Legislature. This tranquillity 
and prosperity, they fully agree, is attributable, under 
Divine Providence, to the strong attachment of the people 
to their government, and to the faithful and impartial ex- 
ecution of the laws. This state of things, so favourable 
to public happiness, will undoubtedly continue, so long as 
our citizens are distinguished by their moral and religious 
habits, their virtue, their industry, their love of social 
order, and their attachment and confidence in a govern- 
ment, established by their wisdom, supported by their 
energy, and administered by officers of their choice. 
Every page, however, of ancient and modern history ex- 
hibits melancholy proofs, that the best internal regulations, 
the purest motives, the moM inviolable good faitli, secure 
no exemption from foreign insults and usurpations ; and 
the inference which irresistibly impresses itself upon the 
mind, is, that nations should rely rather on their own 
power, than on the justice of other governments, and 
should be always prepared to maintain their rights, when 
other nations cease to respect them. 

In review of the past history of our country, we can 
recollect no period more critical, no moment pregnant 
with events more interesting than the present. 

Having established the independence of our govern- 
ment, on the basis of justice and rational freedom, we had 
a right to cherish the expectation, that by cultivating our 
national and political advantages we should insure to our- 
selves and our posterity, peace, liberty and safety ; but 
this fond and delusive picture of the imagination has been 
torn away by the lawless hand of foreign ambition. In 
the peaceable possession of a good and fertile country, 
acquired by the valour, and subdued by the toils of our 
Fathers, and in the enjoyment of the highest possible de- 
gree of civil and religious freedom, consistent with good 
order, our political pilots wisely determined to adopt, 
and conscientiously pursue a system of impartial neutrality, 
by which our local, moral and political advantages might 
be secured to us, and by which we might be equally pre- 
served from the vortex of European convulsions. But 
this wise, just and pacific policy very early gave umbrage 
to the perfidious and unprincipled rulers of France ; and 
from that moment every insidious as well as open, every 



226 Resolves, 1798. — January Session. 

secret as well as public weapon, which art and ingenuity 
could devise, has been employed to force the United 
States into the sanguinary and destructive contest. 

The Ministers and agents of France, authorised and 
unaccredited, avowed and private, have been busily em- 
ployed to disseminate principles subversive of our gov- 
ernment, destructive to our system of neutrality, and 
calculated, not only to produce dissentions, and to sepa- 
rate the people from their government, but to effect a 
change of the moral, religious and political habits and 
opinions of the citizens of this country, which would un- 
fit them for the support of any government. But the 
God of our fathers has been the cloud by day, and the 
pillar of fire by night ; and through his over-ruling influ- 
ence, the citizens of the United States are yet free, happy 
and independent. The recollection of the overtures which 
have been made by the United States to accommodate the 
existing differences with the French Republic, and the 
causes of their failure, excites no ordinary degree of indig- 
nant sensibility. The whole world, not tributary to 
France, ^nd impartial posterity, will bear testimony, that 
the late negociation exhibited, on the part of the United 
States, moderation, candour, purity, good faith, and an 
anxious solicitude for peace ; on the part of France, over- 
bearing insolence, a venal and prostituted spirit, a con- 
tempt of natural justice, and of national compacts, and a 
disposition to sacrifice the peace of both nations to sordid 
and mercenary views. From such causes, and from the 
existence of such a temper on the part of France, have we 
been reduced to our present critical, expensive and alarm- 
ing situation ; and although we as highly appreciate, as 
your Excellency, the blessings of peace, and participate in 
the pleasing conviction, that the Chief Magistrate of the 
Union is sincerely attached to a pacific policy, at once the 
interest and the Avish of the United States ; yet this treas- 
ure would be too dearly bought by a surrender of even a 
portion of our Honour, our Liberty or Independence. 
We ardently wish for peace, but we would obtain it only 
through constitutional and authorized channels, upon 
terms compatible with our national character and interests, 
and productive of permanent, not temporary safety. We 
fully accord with your Excellency in the sentiment, that 
no rational grounds can be discerned for a relaxation of 
our energies. So longr as France shall remain in absolute 
subjection to men whose ambition is domination, and 



Kesolves, 1798. — January Session. 227 

whose thirst, plunder, we can see no consolatory prospect 
of reparation for our past wrongs, or security against 
future. 

We should then, most unquestionably, violate the first 
law of nature, self-preservation; we should be ungrateful 
to that Being, who has blessed us with ample resources, 
if we should neglect to use them in our own defence : Nor 
do we dread the result, for, with a Patriot and States- 
man at the helm, who is capable of inspiring a whole 
nation with noble sentiments, and with a Hero in the 
field, who is himself a Host, " America's hardy sons can- 
not fail of displaying that native enterprize and valour for 
which they have been always distinguished." 

Your Excellency need not entertain an apprehension 
that you will be suspected of a wish to precipitate the 
United States into a war. The known moderation, and 
temperate virtue which you have uniformly displayed, for- 
bid such an imputation. The observations which your 
Excellency has been pleased to make, evidently proceeded 
from a dignified spirit which pervades every part of the 
United States, and which has exhibited itself in glowing 
colours from Maine to Georgia ; a Spirit, which produces 
a generous and undiminished confidence in the government 
of the United States, and a firm determination to support 
its measures. A Spirit, which prefers open hostility to 
indirect warfare — danger and even distress to a tame and 
ignominious forbearance — Death to Slavery. A Spirit, 
which must convince France and the world, that the Citi- 
zens of America, united by reciprocal ties of interest and 
affection, will stand or fall together. 

The state of the Fortifications, of our Militia and of the 
Convicts, merit and shall receive our early and serious 
consideration ; and in all our legislative acts we shall keep 
steadily in view the promotion of justice and the general 
welfare of the community ; in which important objects, 
we doubt not we shall meet with your Excellency's most 
hearty concurrence. 

Chapter 75. 

RESOLVE FOR THE APPOINTMENT OF AN ADDITIONAL NOTARY 
PUBLIC IN THE COUNTY OF CUMBERLAND. 

Resolved that there be an additional Notary Publick 
appointed for the County of Cumberland to reside in the 
Town of Portland. January 10, 1799. 



228 Resolves, 1798. — January Session. 



Chapter 76. 

RESOLVE GRANTING JACOB KUHN ONE HUNDRED AND FIFTY 
DOLLARS FOR FUEL. 

Resolved that there be allowed & paid out of the Treas- 
ury of this Commonwealth to Jacob Kuhn Messenger of 
the General Court One hundred & 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. 

January 11, 1799. 

Chapter 77. 

RESOLVE FOR EXTENDING ALL WRITS AND PROCESSES, &c. 
WHICH WERE MADE RETURNABLE AT THE COURT OF COM- 
MON PLEAS IN THE COUNTY OF BRISTOL, IN DEC. LAST, TO 
THE LAST MONDAY OF JANUARY CURRENT. 

AVhereas the Court of Common Pleas which by Law 
was to have been held at Taunton in & for the County of 
Bristol on the monday next preceding the Second tuesday 
of December last was not holden by reason of the absence 
of three of the Justices of the same Court, & whereas the 
said Court was adjourned by writ under the hands of one 
of the Justices thereof & one special Justice to the last 
monday of January Current : Therefore 

Resolved that all writs & processes which were made 
returnable, all appeals made & all causes which were con- 
tinued to the said Court of Common pleas in December 
aforesaid, may be entered & heard at said court on the 
said last monday of Januar}^ current and the Justices of 
the same Court are hereby authorized to proceed upon & 
render Judgment on such actions, appeals & causes, which 
shall be of the same validity & have the same effect as if 
such actions appeals or causes had been entered & heard 
on the monday preceding the said Second Tuesday of 
December. January 16, 1799. 

Chapter 78. 

RESOLVE GRANTING ISAAC PEIRCE, MESSENGER TO THE GOV- 
ERNOR AND COUNCIL, ONE HUNDRED DOLLARS FOR FUEL. 

Resolved, that there be allowed and paid out of the Pub- 
lic Treasury of this Commonwealth to Isaac Peirce Mes- 
senger to the Governor and Council, the sum of One 



Resolves, 1798. — January Session. 229 

Hundred Dollars, to enable him to purchase Fuel and 
other Necessaries for the Council Chamber and Secretary's 
Office — he to be accountable for the expenditure of the 
same. January 18^ 1799. 

Chapter 79. 

RESOLVE ON THE PETITION OF SAMUEL WHITE, JAMES DUNCAN, 
JUN. AND OTHERS, EMPOWERING THEM TO CALL A MEETING 
OF THE PROPRIETORS, FOR THE ELECTION OF OFFICERS AND 
THE TRANSACTION OF OTHER BUSINESS. 

On the petition of Samuel White, James Duncan junior, 
Samuel Walker, Cotton B. Brooks, and Edmund Kimball 
in behalf of themselves and others the Proprietors of the 
Haverhill Bridge, stating that the Annual Meeting of the 
said Proprietors, which according to the Bye-Laws of said 
Corporation should have been holden on tbe first monday 
of June last, and at which the Officers of said Corporation 
should have been chosen, through neglect, was not duly 
notified ; And some doubts having arisen whether there 
now is any Officer of said Corporation or other person 
who hath authority legally to call a meeting of said Pro- 
prietors. 

Resolved, That the said Samuel White, James Duncan 
junior, and Samuel Walker, or any two of them, may 
by advertizement in the Haverhill News-Paper, and the 
Columbian Centinel, and by posting up notifications at 
the two Meeting Houses in Bradford, warn or call a meet- 
ing of said Proprietors to be holden at any suitable Place 
and time after fourteen days from the publication and 
posting up of said Aclvertizements ; at which meeting the 
said Proprietors may elect all the Officers and transact 
all the business which they might lawfully have elected 
and transacted at their Annual meeting, if the same had 
been legally notified. January 18, 1799. 

Chapter 80. 

RESOLVE ON THE PETITION OF THE TRUSTEES OF PORTLAND 
ACADEMY, GRANTING THEM ONE HALF OF A TOWNSHIP OF 
THE UNAPPROPRIATED LANDS IN THE DISTRICT OF MAINE; 
AND EMPOWERING THE COMMITTEE FOR THE SALE OF EAST- 
ERN LANDS IN THIS CASE; AND ESTABLISHING THE DOINGS 
OF THE INHABITANTS OF THE TOWN OF PORTLAND. 

On the Petition of the Trustees of Portland Academy, 
setting forth that a permanent fund of three thousand dol- 



230 Resolves, 1798. — January Session. 

lars has been secured by the Town of Portland to the 
Trustees of said Academy, and praying that a half Town- 
ship of the Commonwealth's land may be granted them, 
agreeably to the report of a Committee of the 27th ot 
February 1797, on the subject of Academies, which was 
accepted by both branches of the Legislature. 

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 Trus- 
tees of Portland Acadamy, and their successors one half 
Township of six miles square, of the unappropriated lands 
in the District of Maine, belonging to this Commonwealth, 
excepting all lands within six miles of Penobscot river, to 
be laid out under the direction of the Committee for the 
sale of eastern lands ; which tract the said Trustees are 
hereby empowered to use, sell or dispose of, as they may 
think most for the benefit of said institution ; excepting 
and reserving four half lots of one hundred and sixty acres 
each for the following uses, vizt. one half lot for the first 
settled minister, his heirs and assigns — one half lot for 
the use of the ministry — one half lot for the use of schools 
within said Township — and one half lot for the future 
appropriation of the General Court — Provided that said 
Trustees before the first day of January one thousand 
eight hundred and Eight shall settle ten families on said 
half Township. 

And whereas the Inhabitants of the Town of Portland, 
at a meeting holden by adjournment on the twenty first 
of December last, in fulfilment of the donation required by 
the report aforesaid, granted a certain lot of land, with 
the house thereon, at the value of two thousand dollars, 
and agreed to make up the further s.um of one thousand 
dollars, to be raised by three annual instalments, vizt. 
333 dollars and one third of a dollar each year, until the 
said sum be fully raised, to be paid to the trustees afore- 
said : And whereas Enoch Ilsley Treasurer of said Town, 
in pursuance of the authority and direction then to him 
by a vote of said Town given, has executed a deed of 
said lot to said Trustees bearing date the 29th day of 
December 1798, and on the fifth day of January instant 
gave his notes to said Trustees for the payment of the 
sums aforesaid at the periods aforesaid : 

It is further Resolved, that the doings of the Inhabitants 
of said Town of Portland, and of their Treasurer in this 



Resolves, 1798. — January Session. 231 

respect as aforesaid, be and hereby are confirmed and es- 
tablished. And the said Town of Portland is hereby 
authorised and directed to order the said sum of one thou- 
sand dollars — one third thereof in each year as aforesaid, 
to be assessed upon the Inhabitants of said Town, with the 
interest thereof if any shall become due, and collect the 
same in the same manner as by law they are authorised to 
levy and collect other Town charges, the same when col- 
lected to be paid to the Trustees aforesaid, in discharge 
of the notes aforesaid. January 19, 1799. 



Chapter 81. 

RESOLVE OX THE PETITION OF EDWARD GRAY, AUTHORISING 
HIM TO MAKE AND EXECUTE A DEED OF THE LAND MEN- 
TIONED TO JOHN COD MAN, ESQ. WITH A PROVISO. 

On the Petition of Edward Gray Esq. guardian of 
Susanna Loring of Boston in the County of Sufiblk single 
woman, an insane person, for reasons set forth in said 
petition. 

Resolved that the said Edward Gray Esq. guardian as 
aforesaid be and he hereby is authorized to make and 
execute a good and sufficient deed and thereby conve}'" to 
John Codman of said Boston Esquire in fee simple, all the 
right title and interest of the said Susanna in and to an 
house lot or piece of land situated in said Boston bounded 
thus westerly on Atkinson street thirty five feet northerly 
on land of Job Wheelwright seventy two feet six inches 
easterly on land of John Codman and Richard Codman 
fifteen feet southerly on land of said John and Richard 
four feet six inches easterly on land of said John and 
Richard eighteen feet southerly on a passage way leading 
from Atkinson street to land of said John and Richard 
sixty eight feet ; including all the right and title of said 
Susannah Loring to a piece of land with a well therein, 
which piece is situated at the easterly part of the before 
described land and which now lies in common for the use 
of said John Richard and Susanna in proportion to their re- 
spective rights therein. Which said premises in virtue of 
a licence from the Supreme Judicial Court were contracted 
to be conveyed to the said John Codman by Nathaniel 
Appleton Esquire late guardian of said Susanna Loring 
but now deceased, which said contract was never fulfilled 
by reason of the death of said Nathaniel before the time 



232 Eesolves, 1798. — January Session. 

stipulated for the fulfilment thereof; but in pursuance of 
which contract the saidCodman paid to the said Nathaniel 
Appleton for the use of said Susannah Loring two hun- 
dred and forty six dollars. Provided that said John Cod- 
man shall pay to the said Edward Gray the further sum 
of nine hundred and eighty four dollars and interest 
thereon for sixty days according to the contract made by 
the said Nathaniel as aforesaid. Provided also that the 
said Edward Gray shall first give bond with sufficient sure- 
ties to the Judge of Probate for the County of Suflblk to 
account for said sum according to law. 

January 22, 1799. 

Chapter 83. 

RESOLVE ON THE PETITION OF EDWARD BARNES, NOAH RICE 
AND OTHERS, DIRECTING THE ATTORNEY-GENERAL NOT TO 
PROSECUTE THE SAID SELECTMEN FOR NEGLECT IN NOT 
RETURNING THE VOTES FOR A FEDERAL REPRESENTATIVE. 

On the Petition of Edward Barnes and Noah Rice in 
behalf of themselves & the other Selectmen of the town 
of Marlborough. 

Resolved that the Prayer of the said Petition be granted 
and the Attorney General is hereby directed not to prose- 
cute the said Selectmen or either of them for their neglect 
in not returning in due season the votes given in by the 
Inhabitants of the said town, for a member of Congress, 
on the first monday of November last. 

January 22, 1799. 



Chapter 83a.* 

ORDER ON PETITION OF STEPHEN CUMMINGS AND OTHERS. 

Upon the petition of Stephen Cummings, Thaddeus 
Brown and America Hamlin a Committee in behalf of the 
Town of Waterford, praying to be set off from the County 
of York and annexed to the County of Cumberland. 

Ordered, that the petitioners cause the Inhabitants of 
the Counties of York and Cumberland to be notified by 
serving the Clerks of the General Sessions of the Peace 
of both said Counties with an attested Copy of their 
petition and this order thereon, fifty days at least before 

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



Resolves, 1798. — January Session. 233 

the second Wednesday of the first Session of tlie next 
General Court, to sliew cause, if any they have, why the 
prayer of the petition should not be granted. 

January 23, 1799. 



Chapter 83. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF YORK AND GRANTING A TAX. 

Whereas the Treasurer of the County of York has laid 
his Accounts before the General Court, in manner pre- 
scribed by law, wdiich are hereby allowed; and whereas 
the Clerk of the General Sessions of the peace for said 
County has laid before the General Court an estimate 
made by said Court of General Sessions of the peace of 
the necessary charges likely to arise in said County the 
present year amounting to eighteen hundred & sixty one 
dollars : 

Resolved that the sum of eighteen hundred and sixty 
one dollars be and hereby is granted as a tax for said 
County of York, to be apportioned assessed collected & 
applied for the purposes aforesaid agreeable to law. 

January 24, 1799. 



Chapter 84. 

RESOLVE ALLOWING COUNTY TREASURER'S ACCOUNTS FOR THE 
COUNTY OF BARNSTABLE AND GRANTING A TAX. 

Whereas the Treasurer of the County of Barnstable has 
laid his Accounts before the General Court in manner 
prescribed by law which are hereby allowed ; & whereas 
the Clerk of General Sessions of the peace of sd. County 
of Barnstable has laid before the General Court an esti- 
mate made by said General Sessions of the debts due from, 
and the necessary charges likely to arise within, sd. 
County the present year, amounting to one thousand & 
sixteen dollars : 

Resolved that the sum of one thousand & sixteen dol- 
lars be and hereby is granted as a tax for sd. County of 
Barnstable to be apportioned assessed collected & applied 
to the purposes aforesaid in manner as the law directs. 

January 24, 1799. 



234 Resolves, 1798. — January Session. 

Chapter 84a.* 

ORDER ON THE PETITION OF SAMUEL TOBEY ESQ. AND OTHERS 

On the petition of Samuel Tobey Esqr. and other In- 
habitants of the County Bristol, praying for permission 
to build a Toll-bridge over that part of Taunton Great 
River, which seperates the Towns of Dighton and Berkley. 

Ordered that the petitioners notify the Inhabitants of 
the Towns of Taunton, Raynham, Dighton and Berkley, 
by serving the respective Town Clerks thereof, with an 
attested Copy of their petition and this Order thereon, 
thirty daj's 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. 

January 24, 1799. 

Chapter S5, 

RESOLVE ON THE PETITION OF JOHN POLLEY, IN BEHALF OF 
THE SELECTMEN OF THE DISTRICT OF HOLLAND, DIRECTING 
THE ATTORNEY-GENERAL NOT TO PROSECUTE SAID SELECT- 
MEN FOR NEGLECT. 

On the petition of John Policy in behalf of the Select- 
men of the District of Holland praying that said Selectmen 
may be discharged from a fine for not making return to 
the Secretary's Office of the votes for Federal Represent- 
ative. 

Resolved that the Attorney General be directed not to 
prosecute said Selectmen for their neglect aforesaid. 

January 24, 1799. 

Chapter 86. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF CUMBERLAND AND GRANTING A TAX. 

Whereas the Treasurer of said County of Cumberland 
has laid his accounts before the General Court, in manner 
prescribed by law, which are hereby allowed : and the 
Clerk of General Sessions of the peace for said County 
of Cumberland has laid before the General Court an esti- 
mate made by said General Sessions of the peace of the 
debts due from, and of the necessary charges likely to 

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



Eesolves, 1798. — January Session. 235 

arise, within, said County the present year amounting to 
four thousand eight hundred dollars : also that another 
sum of two thousand two hundred dollars is necessary to 
pay the remaining sums due for building the Goal in said 
County ; and also that another sum of one thousand dol- 
lars is necessary to complete the goal-house in said 
County : 

Besolved that the sum of eight thousand dollars be and 
hereby is granted as a tax for said County of Cumberland 
to be apportioned, assessed, collected & applied for the 
express purposes aforesaid in manner as the law directs. 

January 24, 1799. 

Chapter 87. 

RESOLVE ON THE PETITION OF JOHN PECK, AUTHORIZING 
PELEG COFFIN AND THOMAS DAVIS, ESQ'RS. TO ADJUST THE 
DEMANDS OF THIS COMMONWEALTH AGAINST HIM. 

On the petition of John Peck, praying, for reasons set 
forth in his said petition, that he ma}^ be discharged from 
a part of the paj-ment of four notes given by him together 
with William Wetmore & Samuel Waldo, to the Treasurer 
of this Commonwealth. 

Resolved, that Peleg Coffin & Thomas Davis Esqrs. be, 
& they hereby are authorized & empowered to adjust & 
settle the demands of this Commonwealth against the said 
John Peck in such manner as they may judge reasonable 
& most to the advantage of the Commonwealth ; & also to 
make & execute such discharge or discharges as they may 
judge proper & necessary in the premises. 

January 24, 1799. 

Chapter 87a.* 

ON THE PETITION OF THE INHABITANTS OF SOUTHFIELD. 

On the petition of the Inhabitants, Freeholders and 
Proprietors of Lands belonging to Southfield in the County 
of Berkshire, praying that the Boundaries of said South- 
field may be restricted to the Westerly bank of Farming- 
ton River. 

Ordered that the Petitioners notify the Town of Gran- 
ville, by leaving an attested Copy of their petition with 
this Order thereon, with the Clerk of said Town, thirty 

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



236 Resolves, 1798. — January Session. 

days at least before the second Wednesday of the first 
Session of the next General Court, that all persons inter- 
ested may then appear and shew cause, if any they have, 
why the prayer of said petition may not be so far granted 
as to restrict said Southfield to the middle of said Farm- 
ington River, and that the remainder of said River be an- 
nexed to the Town of Granville. January 25, 1799. 

Chapter 87b.* 

ORDER ON THE PETITION OF THADDEUS LEONARD. 

On the petition of Thaddeus Leonard of West Spring- 
field in the County of Hampshire, praying for an alteration 
in an Act passed November 30th 1785, incorporating cer- 
tain Lands owned by Abraham Burbank Esqr. and others, 
lying between Agawam Street and Feeding Hills Street, 
80 called, in West Springfield, into a General Field. 

Ordered, that the Petitioner notify the Proprietors of 
said General Field, by leaving an attested Copy of his 
petition and this Order thereon, with the Clerk of said 
Corporation, at least Thirty days before the 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 should not be granted. 

January 25, 1799. 

Chapter 88, 

RESOLVE ON THE PETITION OF THE COURT OF GENERAL SES- 
SIONS OF THE PEACE FOR THE COUNTY OF CUMBERLAND, 
GRANTING ONE HUNDRED AND EIGHTY THREE DOLLARS AND 
SEVEN CENTS, TO JOSEPH M'LELLEN, TREASURER OF SAID 
COUNTY. 

Whereas the Court of General Sessions of the Peace for 
the County of Cumberland, by a Petition to this Court, 
has represented That by an Act of the General Court 
passed the 27th day of February 1795, provision is made 
for payment at five shillings a Week, of the Charge of sup- 
porting Prisoners committed for Crimes against the Com- 
monwealth who are unable to support themselves but that 
for want of a timely and particular attention to the direc- 
tions of said Act the said County cannot be availed of 
the benefit of the same in the manner therein pointed out 
— and have therefore prayed that the Account exhibited 

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



Resolves, 1798. — Jan^uart Session. 237 

with said Petition for supporting Prisoners of the afore- 
said Description, amounting to One hundred and eighty 
three Dollars and seven Cents may be allowed and paid 
out of the Treasury of this Commonwealth : 

Resohed therefore — That for the Reasons set forth in 
said Petition the said Sum of One hundred and eighty 
three Dollars & seven Cents be allowed & paid out of the 
Treasury of this Commoowealth to Capt. Joseph McLel- 
lan Treasurer of said County for the use of the same, in 
full of said Account. January 26, 1799. 

Chapter 88a.* 

ORDER ON THE PETITION OF JOHN TOWN AND OTHERS. 

On the Petition of John Town & others. 

Ordered that the petitioners notify the Towns of Green- 
wich Petersham and Hardwick, and also the Courts of Gen- 
eral Sessions of the peace for the County of Hampshire 
and Worcester respectively, by leaving an attested Copy 
of their petition with this Order thereon with the respec- 
tive Clerks of said Towns and Courts, eighty days at 
least before the second Wednesday of the first Session of 
the next General Court, that all persons interested may 
then appear and shew cause if any they have, why the 
Tract of Land described in said petition, may not be in- 
corporated into a Town or District and annexed to the 
County of Worcester. January 25, 1799. 

Chapter 89. 

RESOLVE ON THE PETITION OF SAMUEL FREEMAN, ESQ. DIRECT- 
ING THE ATTORNEY-GENERAL TO DISCONTINUE AN ACTION 
COMMENCED AGAINST HIM, AND PROLONGING PAYMENT, HE 
GIVING SECURITY TO THE SATISFACTION OF THE GOVERNOR 
AND COUNCIL. 

On the petition of Samuel Freeman Esqr. stating (among 
other things) that an action has been commenced against 
him b}^ the Commonwealth on certain Notes or contracts 
due from him to the said Commonwealth and praying for 
relief in the premises. 

Resolved that the Attorney General of this Common- 
wealth be and he is hereby directed and impowered to 
consent to the discontinuance of the said Action on the 

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



238 Eesolves, 1798. — January Session. 

said Freeman's giving security to tlie Treasurer of the 
said Commonwealth for the payment of the said debt in 
five years with Interest which security shall be approved 
by the Governor and Council. January 26, 1799. 



Chapter 90. 

RESOLVE ON THE PETITION OF BENJAMIN HARVEY AND GEORGE 
FURGUSON, DISCHARGING THEM FROM THE JUDGMENT DEBTS 
IN CERTAIN EXECUTIONS, ON CONDITION. 

On the petition of Benjamin Harvey & George Furgu- 
son praying relief from two Executions severally against 
them, obtained upon Judgments recovered in the Supreme 
Judicial Court on a Recognizance entered into by them in 
said Court held in & for the County of Middlesex, Con- 
ditioned for the appearance of Warren Gibbs to answer to 
an Indictment pending in the same Court — which Execu- 
tions are now in the hands of the Sheriti' of the County of 
Bristol or his Deputy. 

Resolved for reasons set forth in said petition that the 
said Benjamin Harvey, & George Furguson be severally 
discharged &, released from the Judgment Debts in said 
Executions on condition of their paying to said Sheriff or 
his Deputy the costs of the suits on said recognizance as 
specified in said Executions with the officers legal fees 
thereon, and that said Sheriff or his Deputy, upon receipt 
of said costs & fees, discharge the said Benjamin Harvey 
& George Furguson from said Executions & return the 
same satisfied by Virtue hereof. January 26, 1799.* 



Chapter 90A.t 

ORDER ON THE PETITION OF TOWNSHIP NO. 3. 

Upon the petition of the Committee appointed by the 
Inhabitants and Settlers of Township Number Three, east 
of Penobscott River in the County of Hancock, praying 
that the Attorney General may be directed to institute an 
Inquest of Office against David Marsh & others original 
Grantees of the Township aforesaid for a breach of the 
conditions of the said Grant and Confirmation. 

Ordered that the Petitioners notify the said David 

* Not signed by the governor, 

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



'^ Ebsolves, 1798. — January Session. 239 

Marsh and others Grantees and Proprietors of the Town- 
ship aforesaid, by printing their said Petition and this 
Order of Notice thereon, in the Massachusetts Mercury 
printed at Boston, three weeks successively, the last pub- 
lication to be sixty days at least before the second 
Wednesday of the next sitting of the General Court, that 
they may then appear and shew cause, if any they have, 
why the prayer of said Petition should not be granted. 

January 26, 1799. 



Chapter 90b.* 

ORDER ON THE PETITION OF NOAH FULLER. 

On the petition of Noah Fuller of Rehoboth in the 
County of Bristol, praying that he and his estate may be 
set off from the first Precinct in said Rehoboth, and annexed 
to the second Precinct therein. 

Ordered, that the Petitioner notify the Inhabitants, of 
said first Precinct, by serving the Clerk thereof with an 
attested copy of his petition and this order thereon, thirty 
days at least before the second Wednesday of the first 
Session of the next General Court, that they may then ap- 
pear and shew cause, if any the}^ have, why the prayer of 
said petition should not be granted. January 26, 1799. 

Chapter 91. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF WOBURN, 
REMITTING A FINE INCURRED FOR NOT MAKING DUE RE- 
TURN OF THE VOTES FOR FEDERAL REPRESENTATIVE IN 
NOVEMBER LAST, AND DIRECTING THE ATTORNEY-GENERAL 
IN THIS CASE. 

On the petition of the Selectmen of Woburn, praying 
that a fine incurred by them for not making due return of 
the votes given in by the inhabitants of the said town on 
the first Monday of November last, may be remited to 
them. 

Resolved, for reasons 8et forth in said petition, that the 
fine aforesaid be, & it is hereby remitted to the said 
Selectmen. And the Attorney General is hereby directed 
to govern himself accordingly. January 28, 1799. -f 

* Not printed in previous editions. Taken from court record. 
+ Not signed by tlie governor. 



240 Resolves, 1798. — January Session. 



Chapter 92. 

RESOLVE ON THE PETITION OF JONATHAN JONES, GRANTING 
HIM SIX HUNDRED AND NINETY FIVE DOLLARS, IN FULL COM- 
PENSATION FOR THE LOSS HE SUSTAINED. 

On the petition of Jonathan Jones praying for compen- 
sation for the loss of two barns containing a large quantity 
of hay & other property, which, in the month of Novem- 
ber in the year 1795, were consumed by fire by certain 
evil minded persons unknown to the Petitioner. 

Ret^olved, that there be paid out of the treasury of this 
Commonwealth to the said Jonathan Jones, the sum of 
six hundred & ninety five dollars in full compensation for 
the loss sustained by him as aforesaid. 

January 29, 1799. 

Chapter 93. 

RESOLVE AUTHORIZING THE TREASURER OF THIS COMMON- 
WEALTH TO ADJUST AND SETTLE THE DEMANDS OF SAID 
COMMONWEALTH AGAINST JOHN PECK. 

Whereas Thomas Davis esqr. declines exercising the 
authority and power delegated to him by a resolution 
passed the 24th inst. to settle and adjust the demands of 
this Commonwealth against John Peck on certain Notes 
mentioned in said resolve : 

Resolved that the Treasurer of the Commonwealth be, 
and he hereby is authorized to adjust and settle the de- 
mands of this Commonwealth against John Peck on ac- 
count of four Notes signed by him, together with William 
Wetmore and Saml. Waldo, in such manner as he the 
said Treasurer may judge reasonable and most to the ad- 
vantage of the Commonwealth ; and to make and execute 
such discharge or discharges as he may judge proper and 
necessary in the premises. January 29, 1799. 

Chapter 94. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF ESSEX AND GRANTING A TAX. 

Whereas the Treasurer of the County of Essex has laid 
his Accounts before the General Court, in manner pre- 
scribed by law, which are hereby allowed ; and whereas 
the Clerk of General Sessions of the peace of said County 



I 



Resolves, 1798. — January Session. 241 

has laid before the General Court an estimate made by 
said General Sessions of the debts due from and the nec- 
essary charges likely to arise within said County the pres- 
ent year, amounting to three thousand dollars : 

Resolved^ that the sum of three thousand dollars be, and 
the same hereby is granted as a tax for said County of 
Essex to be apportioned, assessed, collected and applied 
to the purposes aforesaid in manner as the law directs. 

January 29, 1799. 

Chapter 95. 

RESOLVE ON THE PETITION OF JOHN HOWE, IN BEHALF OF THE 
TOWN OF GLOUCESTER, REMITTING A FINE ON SAID TOWN, 
AND DIRECTING THE ATTORNEY-GENERAL TO GOVERN HIM- 
SELF ACCORDINGLY. 

On the Petition of John Rowe in behalf of the Select- 
men of the Town of Gloucester. 

Resolved, That for reasons set forth in said Petition, the 
fine incurred by said Selectmen for their neglecting to 
cause the Inhabitants of the said Town of Gloucester duly 
qualified to vote for Representatives in the General Court 
in this Commonwealth to assemble on the first Monday of 
November last, to give in their votes for a Federal Repre- 
sentative for the fourth middle District in this Common- 
wealth, as by law they ought to have done, be & hereby is 
remitted, & the Attorney General is hereby directed to 
govern himself accordingly. January 29, 1799. 

Chapter 96. 

RESOLVE ON THE PETITION OF ELIZABETH NIGHTINGALE. 

On the petition of Elizabeth Nightingale Guardian of 
William Nightingale, Joseph Nightingale, & George 
Corlis Nightingale, Minors, & Children of Joseph Night- 
ingale, late of Providence deceas'd, intestate, praying that 
some suitable person may be authorized to convey to the 
Settlers on the lots in the Township therein mentioned, 
the lands to which they are respectively entitled, and to 
sell other lots in said Township as opportunity shall offer, 
in order to encrease the value of the rest. 

Resolved that for the reasons set forth in said petition, 
the prayer thereof be, & the same is hereby granted — 
and that the said Elizabeth Nightingale, be, & she is 



24:2 Resolves, 1798. — Januaey Session. 

hereby authorized & empowerd, in behalf of said William 
Nightingale, Joseph Nightingale, & George Corlis Night- 
ingale, to join with the other heirs at Law of said Joseph 
Nightingale deceas'd, and Samuel W. Green, the other 
Tenant in Common of said Township, and with them to 
execute proper deeds to convey to each settler in said 
Township, who settled on Settlers lots, so called, laid out 
by the Plymouth Company, Two hundred Acres conform- 
ably to said Companys survey, and to each other Settler 
who settled in said Township, before the first day of Jan- 
uary, in the Year Seventeen hundred & Ninety One, One 
hundred Acres, to be laid out so as best to include their 
respective improvements, & be the least injurious to the 
adjoining lands — The Settlers last mention'd, who settled 
before Jany. AD 1784, severally paying Five Dollars, & 
those who settled since that time, severally paying Twenty 
Dollars to the Grantors for the same, within One Year 
from the time they shall respectively have notice thereof, 
from the Grantors or any of them, & before the said Deeds 
shall be deliver'd to them respectively. 

Aoid it is further Resolved^ That the said Elizabeth 
Nightingale, be, & she is hereby fully empowered, in be- 
half of the Minors aforesaid, respectively, during their 
respective Minorities, to join with the other heirs at Law 
of said Joseph Nightingale deceased, and the said Green, 
in selling & conveying to such person or persons as she 
shall think proper, such & so many lots in the Township 
aforesaid, (not exceeding in the whole One fourth part 
thereof,) as she shall think expedient, & for the interest 
of the Proprietors of said Township, in order to encourage 
the settlement thereof, & to encrease the value of the res- 
idue. Provided the said Elizabeth shall give bond with 
Two sufficient sureties, living in this Commonwealth, to 
the Judge of Probate in the County of Bristol in the sum 
of two thousand Dollars, conditioned, that she shall ac- 
count for the money she may receive for the sale of the 
lands aforesaid, on account of said Minors, agreeably to 
Law. Aiid provided also she shall make oath, that she 
will faithfully execute the Trust hereby reposed in her — 
and will sell the said Minors rights, in the lots aforesaid, 
other than Settlers lots, as before described, for the most 
she can obtain therefor — And the deed or deeds which 
shall be executed by said Elizabeth in behalf of said 
Minors respectively, in pursuance hereof, shall be valid 



I 



Resolves, 1798. — January Session. 243 

and effectual, for conveying their respective rights in the 
lands described in said deeds, & be conclusive upon 
them, their heirs & assigns. January 29, 1799. 



Chapter 97. 

RESOLVE ON THE PETITION OF ROBERT GARDNER, CAPTAIN OF 
A NEW COMPANY OF ARTILLERY IN THE TOWN OF BOSTON, 
GRANTING HIM ONE HUNDRED DOLLARS IN ADDITION TO 
THE SUM ALREADY GRANTED BY LAW. 

On the petition of Robert Gardner Captain of a new 
Company of Artillery in the sub-legion of Artillery in the 
Town of Boston. 

Resolved — That in consideration of the extra services 
to which the Artillery Corps in the Metropolis are liable 
— there be allow'd & paid out of the Treasury of this 
Commonwealth, to the said Capt. Robert Gardner, One 
hundred Dollars, towards defreying the expences of erect- 
ing the New Gun House on Copse Hill in Boston — in 
addition to the sum already allowed by law. 

January 29, 1799. 



Chapter 98. 

RESOLVE ON THE PETITION OF JOHN CHANDLER WILLIAMS, IN 
BEHALF OF JULIUS DEMING, AUTHORIZING HIM TO EXECUTE 
A DEED AS EXECUTOR OF THE LAST WILL OF MANNA WADS- 
WORTH. 

On the Petition of John Chandler Williams in behalf 
of Julius Deming praying that the said Williams may be 
authorized in his Capacity of Executor of the last Will of 
Manna Wadsworth to give a deed to Daniel Root. 

Resolved that the prayer of the said petition be granted 
and the said John Chandler is hereby authorized in his 
capacity of Executor of the last Will of Manna Wadsworth 
late of Pittsfield in the county of Berkshire, to make a 
deed conveying to the said Daniel Root a tract of land, 
containing one acre & one hundred & thirty two rods of 
laud, being a piece of land conveyed to said Manna by the 
Deed of Stephen Meed Junior Dated January the eleventh 
AD 1796. January 29, 1799. 



244 Resolves, 1798. — January Session. 



Chapter 99. 

RESOLVE ON THE PETITION OF ISAAC PARSONS, DIRECTING THE 
SECRETARY TO DELIVER AN ORIGINAL PAPER TO HIM. 

On the petition of Isaac Parsons as Administrator to the 
Estate of Josiah Noyes praying that he may have leave to 
take out from the office of the Secretary of this Common- 
wealth a certain original Memorandum, said to be written 
by William Ting Esqr. formerly Sheriff of the County of 
Cumberland, which original paper is filed with a certain 
petition heretofore preferred to the Legislature of this 
Commonwealth by the aforesaid Josiah Noyes, in his life 
time. 

Resolved that the said Isaac Parsons have leave to take 
out the said original paper from the office of the Secre- 
tary, leaving an attested copy of the same to be filed in 
it's place. January 29, 1799. 

Chapter 100. 

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

On the petition of the Selectmen of the Town of Russell 
in the County of Hampshire. 

Resolved, that for reasons set forth in said Petition, the 
Fine incurred by said Selectmen, for their neglecting to 
cause the Inhabitants of said Town of Russell — duely 
qualified to Vote for Representatives in the General Court 
in this Commonwealth to Assemble on the first Monday 
of November last, to give in their Votes for a Federal 
Representative for the second Western district in this 
Commonwealth, as by Law they ought to have done, be 
and hereby is remitted & the Attorney General is hereby 
directed to govern himself accordingly. 

January 29, 1799. 

Chapter 101. 

RESOLVE ON THE PETITION OF BENJAMIN GARDNER AND DAVID 
HAGER, GRANTING THE PRAYER THEREOF, WITH A PROVISO. 

On the petition of Benjamin Gardner and David Hager 
praying to be released from the forfeiture of a recogniz- 
ance entered into by them before the Supreme Juditial 
Court in and for the County of Middlesex. 



Resolves, 1798. — January Session. 245 

Resolved, For reasons Set forth in said petition that the 
prayer thereof be granted ; provided the Said Gardner 
and Hager pay the Costs which have already arisen in 
Consequence of the forfeiture of the recognizance afore- 
said. January 30, 1799. 



Chapter 102. 

RESOLVE ON THE PETITION OF LUKE BEMIS. 

On the Petition of Luke Beniis. 

Resolved that the time of payment of Three Thousand 
Three Hundred & Thirty Three Dollars Thirty Three 
Cents, as required by a Resolve of June 19th, 1793 to be 
paid by said Bemis, Be and hereby is Suspended, and the 
same to be paid by Installments, vizt. Eleven Hundred & 
Eleven Dollars & Eleven Cents on the First day of July, 

1799, with interest from July Ist, 1798 Eleven Hundred 
& Eleven Dollars Eleven Cents on the First day of July 

1800, with Interest from July 1st, 1798 — Eleven Hun- 
dred and Eleven Dollars Eleven Cents on the First of July 
1801 with Interest from July 1st 1798 — and that the 
Treasurer be directed to retain The Mortgage Given by 
said Bemis untill the whole is paid. January 30, 1799. 

Chapter 103. 

RESOLVE ON THE PETITION OF JOHN SULLIVAN, OF BOSTON, 
AND ELIZABETH, HIS W^FE. 

On the Petition of John Sullivan of Boston in the 
County of Suflblk Merchant, and Elizabeth his Wife, by 
the name of John L. Sullivan and Elizabeth his wife, 
Praying that they may be impowered for certain Reasons 
to sell, and convey Real Estate, whereof they are seized 
in her right, her minority notwithstanding. 

Resolved That the Prayer of the Petition be granted, 
and that all Deeds, Leases & Conveyances, which shall be 
made & duly executed by them during her minority of 
her real estate to an amount not exceeding seven thousand, 
four hundred dollars shall be as good, & effectual in Law, 
to pass, convey, or Lease such Estate, as if the said Eliza- 
beth at the time of making, and executing of such Deed, 
was of full age ; any Law or Custom to the Contrary not- 
withstanding. January 30, 1799. 



246 Resolves, 1798. — January Session. 



Chapter 103a.* 

ORDER ON THE PETITION OF THE INHABITANTS OF BROOKFIELD 
AND SPENCER. 

On the petition of a number of the Inhabitants of the 
Towns of Brookfield and Spencer, praying to be incorpo- 
rated into a seperate Religious Society. 

Ordered, That the Petitioners notify the Inhabitants of 
the said Towns of Brookfield and Spencer, by servdng the 
respective Clerks thereof with an attested Copy of their 
petition and this Order thereon, thirty daj^s at least before 
the second Tuesday of the first Session of the next General 
Court, that they may then appear and shew cause if any 
they have, why the prayer of said Petition should not be 
granted. January 30, 1799. 

Chapter 104. 

RESOLVE DIRECTING THE ATTORNEY-GENERAL TO INSTITUTE 
A PROCESS FOR THE RECOVERY OF A DEBT DUE FROM THE 
ESTATE OF NOAH GOODMAN, ESQ. LATE COLLECTOR OF EX- 
CISE FOR THE COUNTY OF HAMPSHIRE, AND APPOINTING 
CHARLES PHELPS, ESQ. TO FURNISH THE ATTORNEY-GEN- 
ERAL WITH EVIDENCE. 

Resolved that the Attorney General be and he hereby 
is directed to institute such process, or processes, as may 
be necessary, for the recovery of any debts due to the 
Commonwealth from the estate of Noah Goodman Esqr. 
late Collector of Excise for the County of Hampshire ; 
and for the satisfaction of a judgment rendered against 
the said Goodman, by the Supreme Judicial Court, at 
their term holden in the County of Suffolk February 
1796 ; — and to prosecute the same to final Judgment and 
execution. And that Charles Phelps Esqr. be and hereby 
is appointed to furnish the Attorney General with the evi- 
dence necessary to support the process or processes be- 
forementioned. January 30, 1799. 

Chapter 105. 

RESOLVE ON THE PETITION OF SILAS MOODY AND SETH BURN- 
HAM, AUTHORIZING SAID BURNHAM TO SELL AND CONVEY 
THE LAND MENTIONED. 

On the petition of Silas INIoody and Seth Burnham. 
Resolved, that the prayer of the petition be granted, 
and that Mr. Seth Burnham, or any other person the 

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



Resolves, 1798. — January Session. 247 



Town ma}'^ appoint, be, and he or they are hereby author- 
ised to sell and convey two hundred acres of land in the 
town of Arundel, appropriated to the use of the Ministry 
in said town — to make and exicute good and sufficient 
Deed or Deeds of the same, and to deposit the money in 
some publick funds, the interest arising therefrom to be 
appropriated, according to the origenal grant. 

January 30, 1799. 

Chapter 106. 

RESOLVE ON THE PETITION OF SAMUEL THOMSON, EXECUTOR 
OF THE WILL OF JOSEPH JOHNSON, JUN. EMPOWERING HIM 
TO EXECUTE A DEED, HE TO ACCOUNT TO THE JUDGE OF PRO- 
BATE FOR MIDDLESEX. 

On the Petition of Samuel Thomson Executor of the 
last AVill and Testament of Joseph Johnson Jur. late of 
Woburn Deceased, praying that he may be authorized to 
Execute a Deed of one half of a Pew in Woburn second 
Parish Meeting House to Samuel Walker agreeably to a 
Contract made by said deceased in his life time. 

Resolved for reasons set forth in said Petition that the 
prayer thereof be granted ; and that the said Samuel 
Thomson execute a Deed Accordingly ; and that the said 
Samuel Thomson account to the Judge of Probate for the 
County of Middlesex for the proceeds of said Pew Agree- 
ably to Law. January 31, 1799. 

Chapter 107. 

RESOLVE ABATING FINES TO THE SEVERAL TOWNS THAT NEG- 
LECTED TO SEND A REPRESENTATIVE THE LAST YEAR. 

Whereas the towns hereafter mentioned were fined in 
the several sums, annexed to their respective names, for 
not sending a Representative to the General Court, the 
last year, that is to say : 

Sharon, Fifty nine Dollars, thirty cents ; Methuen, 
Ninety three Dollars, fifteen cents ; Brunswick, Seventy 
four Dollars, forty three cents ; Hubbardston, Sixty two 
Dollars, twenty three cents ; Bristol, One hundred & 
eight Dollars, twenty nine cents : Littleton, Sixty three 
Dollars, eighty eight cents ; Wrentham, One hundred 
& thirty three Dollars, sixty four cents ; Westminster, 
Ninety one Dollars, eighteen cents ; Needham, Ninety 
Dollars, fifty six cents; Royalston, Sixty one Dollars, 



248 Resolves, 1798. — January Session. 

forty one cents ; Dighton, Ninety five Dollars ; Boylston, 
Seventy three Dollars, seventy three cents ; Holden, 
Seventy nine Dollars, sixty six cents ; Fitchburgh, Sixty 
six Dollars, ninety seven cents ; Billerica, One hundred 
Dollars, twenty eight cents; Monson, Fifty two Dollars, 
sixty four cents; Western, Seventy three Dollars, sixty 
six cents ; Leicester, Eighty six Dollars, twenty cents ; 
Milford, Fifty nine Dollars, sixty cents ; Falmouth, 
Seventy six Dollars, ninety three cents ; Northfield, Sixty 
eight Dollars, eighty five cents ; Greenwich, Sixty three 
Dollars, thirty three cents ; Winchendon, Sixty six Dol- 
lars, sixty cents ; Yarmouth, Seventy seven Dollars, ten 
cents; Oxford, One hundred Dollars, four cents; Hard- 
wick, One hundred & fifteen Dollars, forty five cents ; 
Woburn, One hundred & twenty five Dollars and sixty 
two cents ; Topsfield, Seventy four Dollars seventy one 
Cents ; Sterling, One hundred & ten Dollars ninety 
Cents ; Buxton, Seventy nine dollars forty cents ; San- 
ford, Seventy five Dollars : 

Resolved for reasons set forth by representations from 
the aforesaid towns respectively, that the said fines be re- 
mitted, and the towns aforesaid are hereby respectively 
discharged from paying the same, any Law or resolve to 
the contrary notwithstanding. February 1, 1799. 

Chapter 108. 

RESOLVE AUTHORIZING THE COMMITTEE ON ACCOUNTS TO EX- 
AMINE ACCOUNTS OF GAOLERS TO WHOSE CUSTODY CONVICTS 
FROM CASTLE ISLAND HAVE BEEN COMMITTED. 

Resolved That the committee of both houses appointed 
to examine and pass on publick accounts for the time 
being be and they hereby are authorized to examine the 
accounts of the several gaolers to whose custody were 
committed any of the convicts lately confined at Castle 
Island by force of a resolution of the Legislature passed 
at their last session, and to allow ail or any part of any 
such accounts as they shall think just and reasonable. 

February 1, 1799. 

Chapter 109. 

RESOLVE ON THE PETITION OF EPHRAIM BALLARD. 

On the petition of Ephraim Ballard praying for com- 
pensation for damages sustained by him by a lawless com- 



Resolves, 1798. — January Session. 249 

pany of men on the night between the 12th cS; 13 of Novr. 
1795 in destroying his compass & other articles, while 
he was in the employment of this Commonwealth. 

Resolved, that there be paid out of the treasury of this 
Commonwealth to the said Ephraim Ballard the sum of 
thirty dollars in full compensation for the damage sus- 
tained by him as aforesaid. February 1, 1799. 

Chapter llO. 

RESOLVE RESPECTING THE COURT OF SESSIONS IN THE COUNTY 
OF SUFFOLK AND FOR HOLDING A COURT IN SAID COUNTY, 
FOR THE PURPOSES MENTIONED, ON THE 7TH OF FEB. INST. 

Whereas the Court of general Sessions of the peace 
begun and held at Boston within and for the County of 
Suffolk on the first tuesday of January instant have ad- 
journed the Session thereof to the tifteenth day of April 
next without having regularly settled the County Treas- 
urers accounts for the year past on account of which there 
is a diflSculty in allowing a Tax for the same County in 
the present year : 

Therefore Resolved that a Court of general sessions of the 
peace within and for the said County of Suffolk [6e] held 
on thursday the seventh day of February next by any 
three or more Justices of the peace within and for the 
same County one or more of whom to be of the quorum 
for the special purpose of settleing the County Treasurers 
account and for no other business and that whatever shall 
be done by the same Court as to such settlement shall be 
[as] good & valid as if done at the said Term begun in 
January current. February i, 1799. 

Chapter 110a.* 

ORDER ON THE PETITION OF ELIPHAZ CHAPMAN AND OTHERS. 

On the Petition of Eliphaz Chapman and others, 
Inhabitants of the Town of Bethel in the County of York, 
praying that sd. Town may be set off to the County of 
Cumberland. 

Orderd that the Petitioners cause the Inhabitants of the 
Counties of York and Cumberland to be notified, by serv- 
ing the Clerks of the general Sessions of the peace of both 
said Counties with an attested Copy of their Petition and 

• Not printed in previous editions. 



250 Resolves, 1798. — January Session. 

this Order thereon fifty Days at least before the Second 
Wednesday of the first Session of the next general Court, 
to shew cause if any they have, why the Prayer of sd. 
Petition should not be granted. February 1, 1799. 

Chapter 111. 

RESOLVE ON THE PETITION OF WILLIAM PHILLIPS, JUN. ALLOW- 
ING HIM A FURTHER TIME TO SETTLE THIRTY FAMILIES UPON 
THE TOWNSHIP MENTIONED. 

Upon the petition of William Phillips Jur. praying to 
be allowed the term of four years, in addition to the term 
of six years, mentioned in his Deed to compleat his con- 
tract, by settling thirty families on the Township men- 
tioned in his petition. 

Jiesolved, that whereas, the said William Phillips Jur. 
paid into the Treasurey of this Commonwealth the money 
due upon his said Notes for said Township, more than 
twelve months, before it became due ; that he be allowed 
the term of four years, from and after the first day of May 
next, to settle upon said Township, thirty families includ- 
ing the families now settled thereon. February 2, 1799. 

Chapter 112. 

RESOLVE ON THE PETITION OF NATHANIEL GARDNER, AUTHOR- 
IZING WILLIAM AND MARY TUTTLE TO EXECUTE A DEED. 

On the Petition of Nathl. Gardner, which sets forth 
That one Joseph Bancroft by deed dated June 30, 1787 
conveyed to Benjamin Bancroft certain lands and build- 
ings described in said petition — That after the giving of 
said deed and before recording the same said premises 
were attached at the suit of Isaac Keed and afterwards 
viz. Oct. 6, 1788 were extended upon execution in the 
same suit. That shortly after said extent said Eeed died 
intestate, leaving a widow Mary Reed, and three children, 
(one of whom is since deceased, and the survivors are yet 
and for several years to come will he minors) That after 
the decease of said Isaac Reed and after the expiration of 
one year from the extent of said execution, viz. June 30, 
1790 the said Benjamin Bancroft paid said Mary adminis- 
tratrix on said Isaacs estate and guardian to said children 
the sum due to the estate of said Isaac by force of said ex- 
ecution, (being the sum at which said estate was apprized 



Resolves, 1798. — January Session^. 251 

with the interest thereof viz. eight hundred dollars) and 
took of the said Mary a quit claim deed as administratrix 
of said estate and guardian of said children releasing said 
premises to said Benjamin Bancroft — That said Benjamin 
Bancroft has been in the quiet possession of said premises 
ever since, and in October last conveyed the same by 
warrantee deed to the said petitioner And that there is a 
defect in the title of said Benjamin Bancroft to said prem- 
ises by reason that more than one year had elapsed from 
the time they were taken in execution as aforesaid before 
said release, and the fee thereof was therefore vested in 
said children so that said Mary could not pass the same by 
her said deed without license therefor. 

Resolved for reasons set forth in said petition That 
William Tuttle and said Mary now his wife administrator 
in her right on said Isaac Reeds estate, be and they hereby 
are authorized for the consideration of eight hundred dol- 
lars by the said Mary received of said Benjamin Ban- 
croft as aforesaid, to make and execute a deed to said 
Nathaniel Gardner and thereby acquit and transfer to him 
all the right and title which said Isaac Eeed had to said 
premises by force of the levy of said execution, as fully 
and effectually as though the said sum of eight hundred 
dollars had been paid to said Mary and she had there- 
upon executed a release of said premises within one 
year from the time of said extent. Provided said William 
Tuttle and Mary his wife shall first give bond to the Judge 
of Probate in the County of Middlesex, with sufficient 
surety or sureties at the discretion of said Judge condi- 
tioned that they will faithfully account with him for said 
sum in the settlement of their account of administration 
of said estate. February 4, 1799.* 



Chapter 113. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF WORCESTER AND GRANTING A TAX. 

Whereas the treasurer of the County of Worcester has 
laid his Accounts before the General Court, in manner 
prescribed by law, which are hereby allowed ; and whereas 
the Clerk of the General Sessions of the peace for said 
County has laid before the General Court an estimate 

• Not signed by the governor. 



252 Resolves, 1798. — January Session. 

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 three thousand Dollars : 

Resolved, that the sum of three thousand dollars be and 
hereby is granted as a tax for said County of Worcester 
to be apportioned, assessed, collected & applied for the 
purposes aforesaid agreeable to law. February 5, 1799. 

Chapter 113a.* 

ORDER ON THE PETITION OF WILLIAM BRIDGHAM AND OTHERS. 

On the petition of William Bridgham & others, Inhabi- 
tants of the Towns of New Gloucester and Gray, praying 
to be incorporated into a Seperate Religious Society by 
the name of the Christian Independent Society. 

Ordered, that the petitioners notify the Inhabitants of 
said Towns of New Gloucester and Gray, by serving the 
Clerks thereof respectively, with. an attested copy of their 
petition and this Order thereon, thirty days at least be- 
fore the 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 
should not be granted. February 5, 1799. 

Chapter 114. 

RESOLVE ON THE PETITION OF THE TOWN OF TEMPLETON, AU- 
THORIZING THEM TO ENTER AND PROSECUTE AT THE NEXT 
SUPREME COURT AT NORTHAMPTON THEIR WRIT OF ERROR 
UPON A JUDGMENT WHEREON THE TOWN OF SHUTESBURY 
WERE APPELLANTS AND TEMPLETON APPELLEES; WITH A 
A PROVISO. 

Resolved, for reasons set forth in their petition, that 
the said Town of Templeton, be and hereby are author- 
ised to enter, and prosecute, in the next Supreme Judicial 
Court to be holden at, Northampton, within and for the 
County of Hampshire, on the last Tuesday of April next, 
their Writ of Error, upon a Judgment of the Court of 
Common pleas holden at Northampton, within and for the 
County of Hampshire, on the Second Tuesday of January 
A. D. One thousand Seven hundred and [&] Ninety Six, 
wherein the Town of Shutesbury were appellants and the 
Town of Templeton appellees, and the said Supreme Judi- 

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



Resolves, 1798. — Januaey Session. 263 

cial Court are hereby, authorised to proceed, hear and de- 
termme the said action, in the same way and manner, to all 
intents and purposes whatsoever, as if the said Writ of 
Error, had been, sued out within One Year from the 
rendition of the Judgment, of the said Court of Common 
pleas, and to do all things in the premises necessary, and 
proper to be done in correcting the Error if any, in the 
former Judgment, and proceedings aforesaid, and for ren- 
dering compleat Justice to the parties, in the said Action. 
Provided, that the said Town of Templeton, cause the 
Town of Shutesbury to be Served wnth a Copy of this 
Resolve Attested by the Secretary, Thirty Days at least 
previous to the last Tuesday of April next. 

February 5, 1799.* 



Chapter 115. 

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

Resolved, that there be allowed and paid out of the 
Treasury of this Commonwealth, to each member of the 
Council, Senate and house of Representatives, two Dol- 
lars for each days attendance the present Session ; and a 
like sum to each Member, for every ten miles distance 
from his place of abode to the place of Sitting of the Gen- 
eral Court. 

And be it further Resolved, that there be paid to the 
President of the Senate, and the Speaker of the House of 
Representatives, each two Dollars for each days attend- 
ance, in addition to their pay as Members. 

February 5, 1799. 



Chapter 116. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE TOWN 
OF ASHBURNHAM, RATIFYING THE SALE OF CERTAIN LOTS OF 
LAND. 

On the Petition of the inhabitants of the Town of Ash- 
burnham, praying that the Titles to certain lots of Land, 
within that Town, which have been sold by a Committee 
appointed by them for that purpose, may be confirmed to 
the purchasers. 

* Not signed by the governor. 



254 Resolyes, 1798. — January Session. 

Resolved, That the sale of certain lots of Land in the 
town of Ashburnham, heretofore granted by this Common- 
wealth to that Town, for the support of schools, & the 
Ministry, be, and hereby is ratified, & confirmed, and the 
deeds of said lands which have been given by Samuel 
Wilder, Samuel Foster, & Francis Lane, a Committee 
appointed by the Town for that purpose, shall be consid- 
ered [as~\ good and valid in law, to the purchasers of the 
same as though the consent of the legislature had been 
previously obtained therefor. February 5, 1799. 

Chapter 116a.* 

ORDER ON THE PETITION OF JNO. SCOTT AND JOSIAH BURNAM. 

On the Petition of Jno. Scott & Josiah Burnam, pray- 
ing that they may be set off from the town of Durham & 
annexed to the town of Freeport. 

Ordered that the Petitioners serve the respective Clerks 
of the towns of Durham & Freeport with an Attested 
Copy of their petition with this order thereon thirty days 
at least before the second Wednesday of the first session 
of the next Genl. Court, that all persons interested may 
then appear & shew cause (if any they have) why the 
prayer of said Petition should not be granted. 

February 7, 1799. 

Chapter 117. 

RESOLVE ON THE PETITION OF SARAH HALL AND OTHERS. 

On the petition of Sarah Hall and others praying for a 
special power to be vested in certain persons to divide the 
real estate therein mentioned. 

Resolved that for the reasons set forth in said petition 
the prayer thereof be & the same is hereby granted — 
That Samuel Thurber eTunr. John Whipple and Nathan 
Fisher Esqrs, all of Providence, being duly sworn be & 
they are hereby authorized & empowered to appraize, 
divide & assign the real estate of Levi Hall deceased 
named in said petition situated in this Commonwealth to 
such of his heirs at Law as the said Thurber Whipple & 
Fisher shall think proper, and in such manner & propor- 
tion as taking the whole of his estate described in said 

* Not printed in previous editions. 



Resolves, 1798. — January Session. 255 

petition into consideration will make a Just & equitable 
division thereof amongst his heirs at Law agreeably to the 
Laws of the respective States in which said Estates are 
situated — That the division of the said Estates made as 
aforesaid shall be recorded in the Probate Offices in the 
several Counties in which said estates are situated and 
shall be valid & conclusive on the heirs at Law of said 
Levi their Heirs & assigns. February 8, 1799. 

Chapter 117a.* 

ORDER ON THE PETITION OF CYRUS BUCK AND LEVI STOCKWELL. 

On the petition of Cyrus Buck and Levi Stockwell, in- 
habitants of the Town of Chester in the County of Hamp- 
shire, praying that they and their estates may be set off 
from the Town of Chester, and annexed to the Town of 
Worthington in said County. 

Ordered, That the petitioners notify the aforesaid Towns 
of Chester and Worthington, by leaving with the respec- 
tive Clerks of said Towns, an attested Copy of their peti- 
tion with this order thereon, thirty days at least before 
the second Wednesday of the first Session of the next 
General Court, that all persons interested may then appear 
and shew cause, if any they have, why the prayer of said 
petition should not be granted. February 9, 1799. 

Chapter 117b.* 

ORDER ON THE PETITION OF NATHAN BACHELOR AND OTHERS. 

On the Petition of Nathan Bachelor and others, Inhabi- 
tants of the town of Mount Vernon in the County of Lin- 
coln, praying that they may be set off from said Town of 
Mount Vernon, and annexed to the Town of Reedfield in 
said County. 

Ordered, that the petitioners notify the aforesaid towns 
of Mount Vernon and Reedfield by leaving an attested 
copy of their petition with this order thereon, with the 
respective Clerks of said towns, thirty days at least before 
the second Thursday of the first Session of the next Gen- 
eral Court, that all persons interested may then appear 
and shew cause, if any they have, why the prayer of said 
petition should not be granted. February 9, 1799. 

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



256 Resolves, 1798. — January Session. 



Chapter 117c.* 

ORDER ON PETITION OF THE TOWNS OF SIDNEY AND BELGRADE. 

On the Petition of the Selectmen of the Towns of Sid- 
ney and Belgrade praying that, that part of the fifth Divi- 
sion of Lots, which lies in the Town of Sidney may be 
set off and annexed to the Town of Belgrade. 

Ordered that the Petitioners notify the aforesaid Towns 
of Sidney and Belgrade by leaving with the respective 
Clerks of said Towns an attested Copy of their Petition 
with this order thereon Forty days at least before the 
second Monday of the first Session of the next General 
Court that all persons interested may then appear and 
shew cause if any they have why the prayer of said Peti- 
tion should not be granted. February 9, 1799. 

Chapter 118. 

RESOLVE ON THE PETITION OF GILBERT DENCH, AUTHORIZING 
HIM TO REVIEW A CERTAIN ACTION; WITH A PROVISO. 

On the Petition of Gilbert Dench of Hopkinton iu the 
County of Middlesex praying for liberty to review a cer- 
tain Action commenced against him by Benjamin Edwards 
of Framingham in the said County of Middlesex, in which 
Action, at the Supreme Judicial Court holden at Concord 
within & for the County of Middlesex aforesaid on the 
second Tuesday of April in the Year of our Lord one 
thousand seven hundred and ninety' five, Judgment was 
rendered in favour of the said Benjamin against the said 
Gilbert for the sum of eighty one pounds & ten shillings 
Damages and thirty eight pounds & one penny costs of 
suit. 

Resolved, for Reasons set forth in said Petition, that 
the said Gilbert, be, &, he hereby is authorized to review 
the said action, and for that purpose, at the next Supreme 
Judicial Court to be holden at Concord within and for the 
said County of Middlesex on the second Tuesda}^ of April 
next the same action of review to enter, and to prosecute 
the same to final Judgment & Execution — And the said 
Supreme Judicial Court are hereby authorized to take 
coo;nizance of the same, and the said Judgment to reverse 
or affirm either in the whole or in part according to the 

* Not printed in previous editions. 



Resolves, 1798. — January Session. 257 

merits of the case, and to proceed therein in the same 
manner as if the cause had been l)rought before them by 
writ of review in the common form — he the said Gilbert 
filing in the said Court an attested Copy of the said Judg- 
ment and of all the papers filed in the said cause — And 
Execution upon the said Judgment is hereby stayed, pro- 
vided that the said Gilbert within twenty days from pass- 
ing this resolve enter into a Bond with surety or sureties 
to the said Benjamin, to be approved of by the said Court in 
any County, conditioned to pay the damages & costs 
which the said Benjamin may finally recover in said 
Action — Provided however^ that the said Gilbert shall 
cause the said Benjamin to be duly served with an at- 
tested Copy of this Resolve fourteen days at least before 
the said second Tuesday of April. February 12, 1799. 

Chapter 118a.* 

ORDER DIRECTING THE SECRETARY RELATIVE TO RECORDING 
AND PRINTING ANSWER TO THE RESOLUTIONS OF THE STATES 
OF VIRGINIA AND KENTUCKY. 

Ordered that the Secretary cause the answer of both 
Houses to the Resolutions of the States of Virginia and 
Kentuckey, relative to certain supposed infractions of the 
Constitution of the United States by the Government 
thereof, to be recorded in his Office, and printed with the 
Resolves of the General Court. February 12, 1799. 

Chapter 119. 

REPLY OF THE LEGISLATURE TO RESOLUTIONS OF THE STATE 
OF VIRGINIA. 

The Legislature of Massachusetts, having taken into 
serious consideration the resolutions of the State of Vir- 
ginia, passed the twenty first day of December last & 
communicated by His Excellency the Governor, relative 
to certain supposed Infractions of the Constitution of the 
United States by the Government thereof — and being 
convinced that the Federal Constitution is calculated to 
promote the happiness prosperity & safety of the people 
of these United States, and to maintain that Union of the 
several States, so essential to the wellfare of the whole, 
and being bound by solemn oath to support and defend 

* Not printed in previous editions. 



258 Resolves, 1798. — January Session. 

that Constitution, feel it unnecessary to make any pro- 
fessions of their Attachment to it, or of their firm deter- 
mination to support it against every aggression Foreign 
or Domestic. But they deem it their duty solemnly to 
declare That while they hold sacred the principle, that 
the consent of the People is the only pure source of Just 
& Legitimate power, they cannot admit the right of a 
State Legislature to denounce the administration of that 
Government to which the people themselves by a solemn 
compact have exclusively committed their national con- 
cerns. That although a liberal and enlightened vigilance 
among the people is always to be cherished, yet an un- 
reasonable jealousy of the men of their choice, and a 
recurrence to measures of extremity upon groundless or 
trivial pretexts have a strong tendency to destroy all 
rational liberty at home, and to deprive the United States 
of the most essential advantages in their Relations abroad. 

That this Legislature are persuaded, that the decision 
of all cases in law and equity arising under the Constitu- 
tion of the United States, and the Construction of all 
Laws made in i)ursuance thereof are exclusively vested by 
the people in the Judicial Courts of the United States. 

That the People in that solemn compact which is de- 
clared to be the Supreme Law of the Land have not con- 
stituted the State Legislatures, the Judges of the Acts or 
measures of the Federal Government, but have confided 
to them, the power of proposing such amendments of the 
Constitution as shall appear to them necessary to the in- 
terests, or conformable to the wishes of the people whom 
they represent. 

That by this Construction of the Constitution an amica- 
ble & dispassionate remedy is pointed out for any evil 
which experience may prove to exist, and the peace and 
prosperity of the United States may be preserved without 
Interruption. 

But' should the respectable State of Virginia persist, in 
the assumption of the right to declare the acts of the 
National Government unconstitutional, and should she 
oppose successfully her force and will to those of the 
Nation, the Constitution would be reduced to a mere 
Cypher — to the form and pageantry of authority without 
the energy or power — Every act of the Federal Govern- 
ment which thwarted the views or checked the ambitious 
projects of a particular State or of its leading and influ- 



Kesolves, 1798. — January Session". 259 

ential meml^ers would be the object of opposition and of 
Remonstrance while the people convulsed and confused 
by the conflict between two hostile Jurisdictions enjoying 
the protection of neither would be wearied into a submis- 
sion to some bold Leader who would Establish himself on 
the ruins of both. 

The Legislature of Massachusetts, although they do not 
themselves claim the right nor admit the authority of any 
of the State Governments, to decide upon the Constitu- 
tionality of the acts of the Federal Government, still, 
lest their silence should be construed into disapprobation, 
or at best into a doubt of the Constitutionality of the acts 
referred to by the State of Virginia, and as the General 
Asseml)ly of Virginia, has called for an expression of their 
sentiments. Do explicitly declare, that they consider, the 
acts of Congress commonly called " the Alien & Sedition 
Acts "not only Constitutional, but Expedient and neces- 
sary. 

That the former Act respects a description of persons 
whose rights were not particularly contemplated in the 
Constitution of the United States — who are entitled only 
to a temporary protection while they yield a temporary 
allegiance — a protection which ought to be withdrawn, 
whenever they become " dangerous to the public safety" 
or are found guilty of " Treasonable Machinations " against 
the Government. 

That Congress having been especially intrusted by the 
People with the General Defence of the Nation, had not 
only the right but were bound to protect it against inter- 
nal as well as external Foes. 

That the United States at the time of passing the ' ' Act 
concerning Aliens" were threatened with actual Invasion, 
had been driven by the unjust and ambitious conduct of 
The French Government into Warlike preparations ex- 
pensive & burdensome, and had then within the bosom of 
the Country thousands of aliens who we doubt not were 
ready to co-operate in any external attack. It cannot be 
seriously believed, that the United States should have 
waited till the poignard had in fact been plunged. The 
removal of Aliens is the usual preliminary of hostility and 
is justified by the invariable usages of Nations. Actual 
hostility unhappily had long been experienced and a formal 
declaration of it, the Government had reason daily to ex- 
pect. The Law therefore was just and salutary, and no 



260 Resolves, 1798. — Januaut Session. 

oflScer could with so much propriety be entrusted with the 
Execution of it as the one in whom the Constitution had 
reposed the Executive power of the United States. 

Tlie Sedition act so called is in the opinion of this 
Legislature equally defensible. 

The General Assembly of Virginia, in their Kesolve 
under consideration observe, that, when that State by it's 
Convention ratified the federal Constitution, it expressly 
declared, "that among other essential rights, the liberty 
of conscience & of the press cannot be cancelled, abridged, 
restrained or modified by any authority of the United 
States," & from its *' extreme anxiety to guard these rights 
from every possible attack of Sophistry or Ambition, with 
other States recommended an amendment for that purpose, 
which amendment was in due time annexed to the Con- 
stitution ; " — but they did not surely expect that the pro- 
ceedings of their State Convention, were to explain the 
amendment adopted by the Union. The words of that 
amendment on this subject are " Congress shall make no 
law " " abridging the freedom of Speech or of the Press." 

The Act complained of is no abridgment of the freedom 
of either. The genuine liberty of Speech & the Press is 
the liberty to utter & publish the Truth — but the Consti- 
tutional right of the Citizen to utter & publish the truth 
is not to be confounded with a Licentiousness in speaking 
& writing that is only employed in propagating falsehood 
& Slander. This freedom of the press has been expressly 
secured by most if not all the State Constitutions ; and of 
this provision there has been generally but one construc- 
tion among enlightened men — that it is a security for the 
rational use & not the Abuse of the press ; of which the 
Courts of Law, the Juries and people will judge ; This 
right is not infringed, but confirmed & established, by the 
late act of Congress. 

By the Constitution, the Legislative, Executive & Ju- 
dicial departments of Government are ordained & estab- 
lished ; & general enumerated powers vested in them 
respectively, including those which are prohibited to the 
several States. Certain powers are granted in general 
terms by the people to their General Government for the 
purposes of their safety & protection. That Government 
is not only impowered, but it is made their duty, to repel 
invasions and suppress Insurrections, — to guarantee to 
the several States a Republican form of Government, to 



Resolves, 1798. — January Session. 261 

protect each State against Invasion and, when applied 
to, against domestic violence, — to hear & decide all cases 
in law & equity arising under the Constitution & under 
any Treaty or Law made in pursuance thereof — & all 
cases of admiralty & maritime Jurisdiction & relating to 
the Law of Nations ; whenever therefore it becomes nec- 
essary to eflect any of the objects designated, it is per- 
fectly consonant to all just rules of construction to infer, 
that the usual means & powers necessary to the attainment 
of that object are also granted ; but the Constitution has 
left no occasion to resort to implication for these powers ; 
it has made an express grant of them, in the 8th section 
of the 1st article, which ordains, "That Congress shall 
have power to make all laws which shall be necessary & 
proper for carrying into execution the foregoing powers, 
and all other powers vested by the Constitution in the 
Government of the United States, or in any department 
or officer thereof." 

This Constitution has established a Supreme Court of 
the United States, but has made no provision for it's pro- 
tection, even against such improper conduct in its presence, 
as might disturb its proceedings, unless expressed in the 
Section before recited ; but as no Statute has been passed 
on this subject, this protection is & has been for nine 
years past uniformly found in the application of the prin- 
ciples & usages of the Common Law. The same protec- 
tion may unquestionably be afforded by a Statute passed 
in virtue of the beforementioned Section, as necessary & 
proper for carrying into execution the powers vested in 
that department. A construction of the different parts of 
the Constitution, perfectly just & fair will, on analagous 
principles, extend protection & security against the 
offences in question, to the other departments of Govern- 
ment, in discharge of their respective Trusts. 

The President of the United States is bound by his 
Oath " to preserve protect & defend the Constitution," & 
it is expressly made his duty "to take care that the Laws 
be faithfully executed ; " — but this would be impracticable 
by any created being, if there could be no legal restraint 
of those scandalous misrepresentations of his measures & 
motives, which directly tend to rob him of the public con- 
fidence. And equally impotent would be every other pub- 
lic Officer, if thus left to the mercy of the Seditious. 

It is holden to be a truth most clear, that the important 



262 Kesolves, 1798. — January Session. 

Trusts before enumerated cannot be discharged by the 
Government to which they are committed, without the 
power to restrain or punish seditious practices & unlawful 
combinations against itself, & to protect the Officers 
thereof from abusive misrepresentations. — Had the Con- 
stitution withheld this power, it would have made the Gov- 
ernment responsible for the effects, without any controul 
over the causes which naturally produce them, & would 
have essentially ftiiled of answering the great ends, for 
which the people of the United States declare in the first 
clause of that instrument, that they established the same 
— viz. " to form a more perfect Union, establish Justice, 
insure domestick tranquility, provide for the common de- 
fence, promote the general welfare & secure the blessings 
of liberty to ourselves & posterity." 

Seditious practices & unlawful combinations against the 
federal Government or any Officer thereof in the per- 
formance of his duty, as well as licentiousness of speech 
& of the press were punishable on the principles of com- 
mon Law in the Courts of the United States, before the 
act in question was passed. This Act then is an ameliora- 
tion of that law in favor of the party accused, as it miti- 
gates the punishment which that authorizes, and admits of 
any investigation of public men & measures which is reg- 
ulated by Truth ; — It is not intended to protect men in 
office, only as they are agents of the people ; — It's object 
is to afford legal security to public offices & trusts created 
for the safety & happiness of the people, & therefore the 
security derived from it, is for the benefit of the people & 
is their right. 

This construction of the Constitution & of the existing 
law of the land, as well as the act complained of. The 
Legislature of Massachusetts most deliberately & firmly 
believe results from a just & full view of the several parts 
of that Constitution ; and they consider that act to be 
wise & necessary, as an audacious & unprincipled spirit 
of falsehood & abuse had been too long unremittingly ex- 
erted for the purpose of perverting public opinion & 
threatened to undermine & destroy the whole fabric of the 
Government. 

The Legislature further declare that in the foregoing 
sentiments they have expressed the general opinion of 
their Constituents who have not only acquiesced without 
Complaint in those particular measures of the Federal 



Resolves, 1798. — January Session. 263 

Government but have given their explicit approbation by 
re-electing those men who voted for the adoption of them 
— nor is it apprehended that the Citizens of this State will 
be accused of supineness or of an Indifterence to their 
Constitutional Rights, for while on the one hand they re- 
gard with due vigilance the conduct of the Government on 
the other their freedom safety and happiness require that 
they should defend that Government and it's constitutional 
measures against the open or insidious attacks of any foe 
wdiether Foreign or Domestic. 

And lastly that the Legislature of Massachusetts feel a 
strong conviction that the several United States are con- 
nected by a common interest which ought to render their 
Union indissoluble and that this state will always co-ope- 
rate with its confederate States in rendering that union 
productive of mutual security freedom and happiness. 

February 13,1799. 

Chapter 120. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF NORFOLK AND GRANTING A TAX. 

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 esti- 
mate 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 three thousand 
dollars : 

Resolved, that the sum of three thousand dollars be and 
hereby is granted, as a tax for said County of Norfolk, 
to be apportioned, assessed, collected and applied for the 
purposes aforesaid, agreeable to Law. 

February 14, 1799. 

Chapter 130a.* 

ORDER ON THE PETITION OF ANDREW PEABODY. 

On the Petition of Andrew Peabody, of Bradford, in 
the County of Essex, praying to be set off from the first 

* Not printed in previous editions. 



264 Resolves, 1798. — January Session. 

Parish in said Town, and annexed to the second Parish 
therein. 

Ordered, that the Petitioner notify the Inhabitants of 
said first Parish, by serving the Clerk thereof with an at- 
tested copy of his petition, and this order thereon, tliirty 
days at least before the first Tuesday 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 Peti- 
tion should not be granted. February 14, 1799. 



Chapter 121. 

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 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 esti- 
mate, made by said Sessions of the necessary char2i:es 
likely to arise in said County the present year amounting 
to three thousand six hundred & thirty two dollars and 
sixteen cents ; and also one other sum of three hundred 
& eighteen dollars for completing the Goal and Goal house 
in said County : 

Resolved, that the sum of three thousand nine hundred 
& fifty dollars and sixteen cents be & the same is hereby 
granted as a tax for said County of Lincoln to be appor- 
tioned, assessed, collected and applied to the purposes 
aforesaid agreeable to law. February 14, 1799. 



Chapter 131a.* 

ORDER ON THE PETITION OF JOSEPH HIBBERT JUNR. AND 

OTHERS. 

On the petition of Joseph Hibbert junr. and others. In- 
habitants of the Town of Penobscot in the County of Han- 
cock, praying to be incorporated into a Seperate Keligious 
Society. 

Ordered, That the Petitioners notify the Town of Penob- 
scot, by serving the Clerk thereof with an attested Copy 
of their petition, and this Order thereon, thirty days at 

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



Eesolves, 1798. — January Session. 265 

least before the second Thursday 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 14, 1799. 



Chapter 123. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF HAMPSHIRE AND GRANTING A TAX. 

Whereas the Treasurer of the County of Hampshire 
has laid his Accounts before the General Court, in man- 
ner prescribed by law which are hereby allowed ; & 
whereas the Clerk of General Sessions of the peace of sd. 
County has laid before the General Court an estimate 
made by said Sessions of the necessary charges likely to 
arise in said County the present year amounting to one 
thousand three hundred dollars : 

Resolved, that the sum of one thousand three hundred 
dollars be and the same is hereby granted as a tax for said 
County to be apportioned assessed collected & applied to 
the purposes aforesaid according to law. 

February 14, 1799. 



Chapter 123. 

RESOLVE FOR ALLOWING TO THE GUARDIANS OF THE DUDLEY 
INDIANS FIVE HUNDRED AND TWENTY-TWO DOLLARS AND 
FIVE CENTS. 

Whereas it appears by examining the accounts presented 
by the Guardians of the Dudley Indians from January 
13th 1797 to the first of May 1798, the said Guardians 
charge themselves with the sum of $546.22 — and pray 
an allowance for reimbursements for the sum of $522.22 
[$522.05] — which leaves a balance in the hands of said 
Guardians of twenty four dollars and eighteen cents : 

Resolved, that the aforesaid sum of five hundred and 
twenty two dollars and five cents be allowed to said 
Guardians ; and that the said sum of twenty four dollars 
and eighteen cents be charged as a balance in the hands 
of said Guardians due to said Indians accordingly. 

February 15, 1799. 



266 Resolves, 1798. — January Session. 

Chapter 123a.* 

ORDER ON THE PETITION OF INHABITANTS OF TOWNSHIP NO. 3. 

On the petition of the Inhabitants of Township Number 
three, in the first range of Townships on the west side of 
Kennebeck River, praying that they may be incorporated 
into a Town. 

Ordered, that the Petitioners cause an attested Copy of 
their petition with this order thereon, to be published three 
weeks successively in the Kennebeck Intelligencer, the 
last publication to l)e thirty days at least before the second 
Wednesday of the first Session of the next General Court, 
that all persons interested may then appear and shew 
cause, if any they have, why the prayer of said petition 
should not be granted. February 15, 1799. 

Chapter 124. 

RESOLVE ON THE PETITION OF CHARLES VAUGHAN, ESQ. 

On the petition of Charles Vaughan for himself & others, 
purchasers of five townships of Land, viz. Numbers two, 
four So five in the 5th range, & Numbers tioo and three in 
the 6th range, praying an extension of the time for the 
payment of the sums due, & of the period for completing 
the settlements to be made on said Townships : & also 
praying for a release of Four thousand acres in each Town- 
ship for the purpose of putting settlers thereon agreably 
to the conditions of said purchase. 

Resolved that the prayer of the petition be so far granted, 
that the time for making the several payments of the sums 
still due for said townships, on notes as well as those now 
in Execution, be & the same is hereby extended for the 
term of two years from the passing of this Resolve on 
Interest and that the Treasurer be & hereby is directed 
to govern himself accordingly. And be it further 

Resolved that if the conditions of settlement and put- 
ing families on the said townships be completed within 
eight years from the eighth day of February 1794 — the 
same shall be deemed & taken by this Commonwealth to 
be a full performance of said condition, as to making such 
settlements to all intents and purposes, the same as if fif- 
teen families — had been put on within four years, and 

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



Resolves, 1798. — January Session. 267 



twenty five within six and forty within eight years. And 
be it further 

Resolved that Four thousand acres of land in each of 
said Townships, be and the same is hereby appropriated 
to the use of such famib'es as shall be settled and put upon 
the same Lands by the said Vaughan or his assigns or as- 
sociates. Provided however, that each family shall reside 
upon the same for the term of Five years at least, And 
Provided also that not more than three hundred acres shall 
be appropriated to any one family. — & that nothing 
herein contained shall hereafter be construed to lessen the 
amount of the demand against said Vaughan or his assigns 
for said townships in virtue of the appropriations afore- 
said. February 16, 1799. 

Chapter 125, 

RESOLVE ON THE PETITION OF JONATHAN BOWMAN, AUTHORIZ- 
ING THE COURT OF GENERAL SESSIONS OF THE PEACE FOR 
THE COUNTY OF LINCOLN TO MAKE SUCH ALLOWANCE FOR 
HIS SERVICES AS THEY MAY JUDGE REASONABLE; WITH A 
PROVISO. 

On the Petition of Jonathan Bowman, Judge of Probate 
for the county of Lincoln ; stating that the fees allowed 
to said Judge by law, are not an adequate compensation 
for his services ; And it appearing that the same are in- 
sufficient, — Therefore — 

Resolved that the Court of General Sessions of the peace 
for said County be, and hereby are, authorized and em- 
powered, to make the Judge of Probate for said county, 
for the time being. Such allowance for his Services, in 
addition to the fees that are, or may l)e, established by 
law, as they may Judge reasonable & just ; to be paid out 
of the Treasury of the County — Provided however that 
such allowance together with such fees shall not exceed 
the Sum of four hundred dollars per annum. 

February 16, 1799. 

Chapter 136. 

RESOLVE ON THE PETITION OF ALEXANDER CAMPBELL, ESQ. 
THAT UPON CERTAIN CONDITIONS, HE BE DISCHARGED FROM 
PAYMENT OF THE MONEY DUE TO THIS GOVERNMENT. 

Whereas there was due from Alexander Campbell & 
others, upon the first Day of January 1799 the Sum of 



268 Resolves, 1798. — January Session. 

six thousand nine hundred Dollars for the purchase Money 
of the Township Number three in the Seventh Range 
above Waldo's Patent — two thousand four hundred & 
thirteen Dollars & sixty seven Cents of which sum is now 
in Execution against sd. Alexander Campbell, & whereas 
the Contract issued for the same Township has been trans- 
fered to Jonathan Hastins^s who is takino- Measures to 
obtain a Discharge for the sd. Campbell : Therefore 

Resolved, that upon the sd. Jonathan Hastings filing in 
the Treasurers Office three Notes of Hand signed by such 
persons as the Governour with Advice of Council shall 
approve, one for the Sum of two thousand three hundred 
& ten Dollars and eighty three Cents payable within one 
year — one, for the Sum of two thousand one hundred & 
ninety three Dollars & thirty four Cents payable within 
eighteen Months & one other for the Sum of two thousand 
& Seventy five Dollars & eighty three Cents payable 
within two years, with the Interest annually — And at the 
time of giving sd. Notes paying the Cost on the sd. Exe- 
cution, & the Interest on the whole Sum that shall be due, 
that the Treasurer be directed to discharge the sd. Alex- 
ander Campbell & others from their Debt due the Gover- 
ment for the said Township, Avhether the same be now due 
by Judgment, Execution or Notes of Hand. 

February 16, 1799. 

Chapter 136a.* 

ORDER ON THE PETITION OF LEVI YOUNG AND OTHERS. 

On the petition of Levi Young and others. Inhabitants 
of Township No. two, in the first Range of Townships 
west of Kennebeck River, and north of the Plymouth 
Claim, called New Vineyard — praying that they may be 
incorporated into a Town. 

Ordered, that the Petitioners cause an attested Copy of 
their petition, with this order thereon, to be published 
three weeks succssively in the Kennebeck Intelligencer ; 
the last publication to be thirty days at least before the 
first Tuesday of the first Session of the next General 
Court, that all persons interested may then appear and 
shew cause, if any they have, why the prayer of said peti- 
tion should not be granted — and also why any adjacents 
to said Township may not together therewith be included 
in the same incorporation. February 18, 1799. 

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



Resolves, 1798. — January Session. 269 



Chapter 121. 

RESOLVE ON THE PETITION OF JAMES AVERY, AUTHORIZING 
THE TREASURER TO ADJUST AND MAKE A SETTLEMENT WITH 
SAID AVERY IN SUCH WAY AS HE SHALL JUDGE BEST. 

On the Petition of James Avery, late Collector of Im- 
post and Excise for the Eastern District in the County 
of Lincoln — Setting forth his misfortunes in Sundry 
instances, and as one in particular, that he never has been 
able to collect of his Deimties the Sums they returned to 
him, and for which he became accounta1)le to the Com- 
monwealth ; and praying that a Committee might be ap- 
pointed for the purpose of adjusting his accounts with the 
Commonwealth . 

Resolved that the Treasurer of this Commonwealth be 
& he is hereby authorized and appointed to adjust and 
make a Compleat & final Settlement with the sd. James 
Avery, in Such way & in Such manner as he Shall under 
all circumstances judge best and most for the interest of 
the Commonwealth. February 19, 1799. 



Chapter 138. 

RESOLVE ON THE PETITION OF PETER JOHNSON, AUTHORIZING 
THOMAS JOHNSON TO EXECUTE A DEED OF THE LAND MEN- 
TIONED. 

On the Petition of Thomas Johnson administrator on 
the Estate of Peter Johnson late of Worcester in the 
County of Worcester deceased — setting forth That the 
said Peter Johnson was administrator of the Estate of 
one Solomon Johnson, late of the same Worcester de- 
ceased — And that the said Peter Johnson was authorized 
by the Court of Common Pleas in the County of Worcester 
to make sale of the whole of the real estate of the said 
Solomon (there being no widow) for the Benefit of the 
Creditors — and that the said Peter after giving Bonds 
— and having proceeded according to Law made sale of 
the Estate of the said Solomon, consisting of seventy 
Acres of Land — with the Buildings on the same and 
that the said Thomas Johnson was the highest bidder for 
the same — That the said Peter accounted with the Judge 
of Pro])ate in the County of Worcester, for the proceeds 
of the sale, and was orderd to pay the money to the 
Creditors of said Solomon in Proportion to their Claims 



270 Resolves, 1798. — January Session. 

as allowed by the Commissioners of Insolvency, on the 
said Solomons Estate — And that Ijefore the making & 
Executing a Deed of said Estate to the said Thomas 
The said Peter died — And that one Timothy Johnson 
is willing to take the said Estate, at the price which the 
said Thomas was to give for the same which will be for 
the Benefit of the Creditors and expedite the settlement 
of the Estate of the said Solomon. 

Resolved^ That The said Thomas Johnson be, and he 
hereby is authorized to make and execute a Deed of the 
land aforesaid to the said Timothy Johnson, provided he 
gives Bonds to the Judge of Probate in the County of 
Worcester, conditioned that the proceeds of the sale afore- 
said, shall be appropriated & paid in the same way & man- 
ner, as if a Deed had been made by the said Peter in his 
life Time of the Estate aforesaid For the Benefit of the 
Creditors of the said Solomon Johnson. 

February 19,1799. 

Chapter 139. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF THOMASTON, REMITTING A FINE LAID ON SAID TOWN FOR 
NOT ELECTING A REPRESENTATIVE TO CONGRESS AND DI- 
RECTING THE ATTORNEY-GENERAL IN THIS CASE. 

On the Petition of the Selectmen of the Town of Thom- 
aston — praying that a fine incurred by them for not attend- 
ing a meetino; of the Inhabitants of said Town on the first 
Monday of November last to choose a Representative to 
Congress — may be remitted. 

Resolved for reasons set forth in said Petition, that the 
fine aforesaid be and it is hereby remitted to the said 
Selectmen. And that the Attorney General is hereby 
directed to govern himself accordingly. 

February 19, 1799. 

Chapter 130. 

RESOLVE ON THE PETITION OF BEULAH SPEEN, AUTHORIZING 
THE GUARDIANS OF THE NATICK INDIANS TO SELL THE LANDS 
REFERRED TO, AND EXECUTE A DEED THEREOF. 

On the Petition of Beulah Speen a Natick Indian pray- 
ing for leave to sell & convey about four Acres of Land 
for the purposes mentioned in said petition. 

Resolved that the Prayer of said petition be granted 



Kesolves, 1798. — January Session. 271 

and that the Guardian of the Natick Indians be and he is 
hereby authorised to sell and Convey at vendue or Private 
Sale (as he shall think best) the land refer'd to in said 
petition and make and Execute a good Deed or deeds to 
the Purchaser or Purchasers thereof, said Guardian to be 
accountalile for the Expenditure of the monies arising from 
the sale in the same way & Manner as he is Chargeable 
for other monies as Guardian for the said Natick Indians. 

February 18, 1799. 



Chapter 131. 

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

Beftolved.That the Treasurer of the Commonwealth be and 
hereby is directed to admit until the further order of the 
General Court, su[p] [5]scription8, to the loan, proposed 
by the Act intituled "An Act to provide for the debt of 
this Commonwealth " and to receive on Account of said 
Loan, the several descriptions of debt enumerated in said 
Act, and on the conditions therein mentioned — also to 
receive Certificates given at the Treasury in lieu of Army 
notes — on the same terms as said Certificates have been 
heretofore received on said Loan. February 19, 1799. 

Chapter 133. 

RESOLVE ON THE PETITION OF PETER NORTON, DISCHARGING 
HIM FROM JUDGMENT MENTIONED. 

On the Petition of Peter Norton, praying that he may 
be discharged from a Judgement rendered against him, in 
favour of the Commonwealth at the Supreme Judicial 
Court holden at Pownalborough, within the County of 
Lincoln, in the month of July AD 1797, for the sum of 
three hundred & thirty three dollars, thirty three cents 
& three mills, and costs of Suit. 

Resolved that the prayer of said Petition be granted and 
that the said Peter be and he hereby is discharged from 
said Judgement ; and the Sheriff of the County of Lincoln 
is hereby authorized and required to discharge the said 
Peter from prison, In case he be therein detained by force 
of the Execution which issued on said Judgement only. 
Provided the said Peter shall pay all prison fees & all 
charges for serving & Returning the same Execution. 

February 19,1799. 



272 Resolves, 1798. — January Session. 



Chapter 133. 

RESOLVE ON THE MEMORIAL OF JOSHUA WITHERLE, AUTHORIZ- 
ING THE QUARTER MASTER GENERAL TO RECEIVE CHARGE 
OF THE BUILDINGS AND IMPLEMENTS MENTIONED, SELL THE 
SAME AT PUBLIC VENDUE AND PAY THE PROCEEDS INTO 
THE TREASURY. 

On the memorial of Joshua Witherle respecting certain 
buildings & implements belonging to this Commonth. 
which were used in the coinins; of Copper Cents in the 
years 1787 & 1788. 

Resolved, That Amasa Davis Esqr. Q. M. General be & 
he hereby is appointed and [&] directed to receive charge 
of the said buildings & implements, — to sell the same at 
public auction, except such as may be applied to the pub- 
lic service of this Commonwealth — to pay the proceeds 
of such sale into the Treasury ; & to render an account of 
his doings herein, to the Commander in Chief. 

Febniary 19, 1799. 



Chapter 134. 

RESOLVE ON THE PETITION OF ABEL BOYNTON, DIRECTING THE 
SECRETARY TO CERTIFY A BALANCE DUE TO CHRISTIAN 
MEIRES, A SOLDIER. 

On the petition of Abel Boynton — Administrator to the 
estate of Christian Meires, late a Soldier in the Continen- 
tal Army, — praying for wages due to Said Soldier for 
his Services. 

Resolved that John Avery esquire Secretary of this 
Commonwealth Certify to the Governor and Council the 
pay or arreares of pay due to the late Christian Meires de- 
ceased, a Soldier in Col. Henry Jacksons regiment in the 
late Continental Army and the Treasurer On receiving a 
warrant therefor, is directed to issue his note to the said 
Abel Boynton administrator to the said Christian Meires 
in the Same way and manner as has been practised in pay- 
ing other Soldiers for simalear services. 

February 19, 1799. 



Kesolves, 1798. — Jan^uary Session. 273 



Chapter 135.* 

RESOLVE APPOINTING A COMMITTEE TO FORM OR PROCURE A 
PLAN FOR SUITABLE BUILDINGS FOR THE CONVICTS, AND TO 
PREPARE AN ESTIMATE OF THE EXPENSES, AND REPORT AT 

THE NEXT MEETING OF THE GENERAL COURT. 

t 

Resolved, that a Committee be appointed to examine the 
several places in the vicinity of the town of Boston, which 
they may judge most eligible for erecting suitable build- 
ings f for the confinement and punishment of such persons 
as are or may be convicted of crimes within this Common- 
wealth, and sentenced to hard labor, and report the same 
to the Legislature at their next session, with the terms on 
which such places may be purchased. And it is further' 

Resolved, that the said Committee be and they are 
hereby directed to form or procure a plan of said build- 
ings, including the internal and external Construction 
thereof, which are so to be constructed w^ith interior cells 
and apartments that the Legislature may adopt if they 
shall see tit, the mode of confinement in solitary apart- 
ments without anj' alteration in said buildings — and that 
said Committee prepare an estimate of the expence which 
shall arise in erecting such buildings, and purchasing a 
suitable plan for that purpose, and lay the same together 
with the said plan before the General Court at their next 
Session. February 19, 1799. 



Chapter ISoA.f 

ORDER ON THE PETITION OF JOSEPH MILLER AND OTHERS. 

On the petition of Joseph Miller, Moses Wood and 
Timothy Burr, inhabitants or proprietors of that part of 
Springfield called the Elbow, lying in a detached situa- 
tion, \_ praying that they'] may be set ofi" from Springfield 
and annexed to the Town of Wilbraham. 

Ordered, that the Petitioners notify the respective 
Towns of Springfield and Wilbraham, by leaving an at- 
tested Copy of their petition, with this order thereon, 
with the respective Clerks of said Towns, thirty days at 
least before the second Wednesday of the next Session 
of the General Court, that all persons interested may 

* Taken from court record. 

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



274 Resolves, 1798. — January Session. 

then appear and shew cause if any they have, why the 
prayer of said petition should not be granted. 

February 20, 1 799. 

Chapter 136. 

RESOLVE ON THE PETITION OF ABNER NORTON, DISCHARGING 
HIM OF THE JUDGMENT MENTIONED. 

On the Petition of Abner Norton praying that he may 
be discharged from a Judgement, upon his recognizance, 
rendered against him, in favour of the Commonwealth, at 
the Supreme Judicial Court holden at Pownalborough 
within the County of Lincoln, & for the Counties of Lin- 
coln, Hancock, & Washington on the Second Tuesday 
next following the fouith Tuesday of June AD 1797, for 
the sum of three hundred & thirty three dollars, thirty 
three cents, & three mills & costs of suit. 

Resolved that the prayer of said Petition be granted & 
that the said Abner be, and he hereby is discharged from 
the said Judgement, & from a writ of Execution dated 
July 11th 1798 which issued thereon; provided the said 
Abner shall pay to the officer, to whom said Execution 
was committed, all legal charges which may have arisen, 
in the levy thereof. February 20, 1799. 

Chapter 136a.* 

ORDER ON THE PETITION OF WILLIAM BRACKETT AND OTHERS. 

On the petition of William Brackett and others, Inhab- 
itants of the Towns of Portland and Falmouth in the County 
of Cumberland, praying to be incorporated into a seperate 
Religious Society by the name of the Universal Christian 
Society. 

Ordered that the Petitioners notify the said Towns of 
Portland and Falmouth, by publishing an attested Copy 
of their petition and this order thereon, three weeks suc- 
cessively in Jenks's Gazette, printed in Portland, the last 
publication to be thirty days at least before the second 
Wednesday of the first session of the General Court, that 
all persons interested may then appear and shew cause, if 
any they have, why the prayer of said Petition should not 
be granted. February 20, 1799. 

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



Resolves, 1798. — Janxjart Session. 275 



Chapter 137. 

RESOLVE AND GRANT ON THE PETITION OF CAPT. SILAS BUR- 
BANK. 

On the memorial of Capt. Silas Burbank, of Scar- 
borough, in the County of Cumberland, praying for an 
allowance for his travel and attendance upon the General 
Court as a Witness in the case of Tristram Jordan, Esq. 

Resolved, that there be allowed and paid out of the Pub- 
lic Treasury to the said Silas Burbank, the sum of Forty- 
five dollars in full for his travel and attendance as aforesaid. 

February 20,1799. 



Chapter 138. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF WASHINGTON AND GRANTING A TAX. 

Whereas it is represented to the General Court by the 
Court of General Sessions of the peace for the County of 
Washington, that the Accounts of the Treasurer of said 
County are examined and settled by a Committee of said 
Court of Sessions, & that the sum of seventy six dollars 
& eighty cents is due upon said settlement to said Treas- 
urer ; and whereas the Clerk of said Court of Sessions by 
order of said Court has laid before the General Court an 
estimate made by said Court of Sessions of the necessary 
charges likely to arise in said County the present year 
amounting to seven hundred & twenty three dollars and 
eighty cents : 

Resolved that the sum of seven hundred & twenty three 
dollars & eighty cents be and the same is hereby granted 
as a tax for said County of Washington to be apportioned, 
assessed, collected & applied to the purposes aforesaid ac- 
cording to law. Fehrxiary 21, 1799. 

Chapter 139. 

RESOLVE ON THE PETITION OF SAMUEL FOWLER AND JUSTIN 

ELY, ESQ. 

On the petition of Samuel Fowler & Justin Ely, pray- 
ing for an allowance of interest on a sum of money paid 
by them into the Treasury of this Commonwealth, on a 
contract made with them by the committee for the sale of 



276 Resolves, 1798. — January Session. 

Eastern Lands in the District of Maine, for the purchase 
of a Township of Land on the Schoodic River ; and also 
for an extension of the times for the payment of their 
Notes, given to the Commonwealth, & for the performance 
of the conditions of the said contract, on account of the 
said purchase. 

Resolved, that the Treasurer of this Comonwealth be 
& he is hereby authorized & directed to allow to the said 
Fowler & Ely Interest on the money they have paid as 
aforesaid, and that the said Fowler & Ely be, & they 
hereby are, placed in the same situation, in every respect, 
as to the sums of money that are or shall become due from 
them on their notes aforesaid, & the Periods of the pay- 
ment of the same & for the performance of the conditions 
of the said contract, as they would have been in, in case 
the said contract had born date on the first day of Decem- 
ber last past. February 22, 1799. 

Chapter 139a.* 

ORDER DIRECTING THE TREASURER TO RECOVER SUMS DUE ON 
BONDS OF THOMAS RUSTON. 

Ordered, That the Treasurer of this Commonwealth be 
and he hereby is directed to take the necessary steps for 
the recovery of the sums due on the two Bonds of Thomas 
Ruston, now remaining in the Treasurer's Office ; and that 
when the said sums, or any part thereof, shall be recov- 
ered and received, the same be endorsed on the Notes of 
Samuel Freeman Esqr. to the Commonwealth ; the said 
Ruston's Bonds having been origioally deposited in the 
Treasurer's Office by the said Freeman as collateral Secu- 
rity for the payment of his said Notes. 

February 25, 1799. 

Chapter 140. 

RESOLVE FOR PAYING EXPENSE OF DRAWING FIELD PIECES 
AND TUMBRELS IN BOSTON, AND DIRECTING SUCH ACCOUNTS 
TO BE LAID BEFORE THE COMMITTEE ON ACCOUNTS. 

Whereas no provision is made by Law for defraying the 
expence which may arise in providing horses to drag 
Field pieces and Tumbrels of the several Companies of the 
Sub Legion of Artillery in the Town of Boston : 

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



Kesolves, 1798. — January Session. 277 

Resolved, that the Captain or Commanding Officer of 
each of said Companies shall lay his accounts, for money 
actually expended since the sixth day of March AD 1797 
and which may hereafter be expended in providing horses 
to drag the field Pieces and tumbrels of their respective 
Companies, before the Committee on accounts for allow- 
ance : — Provided that no allowance shall be made unless 
said Company is ordered to appear by their Superior 
Officer. February 26, 1799. 



Chapter 141. 

RESOLVE ON THE PETITION OF JOSEPH RUGGLES AND OTHERS, 
AUTHORIZING THEM TO RAISE A COMPANY OF CAVALRY BY 
THE CONSENT OF THE GOVERNOR AND COUNCIL. 

On the petition of Joseph Ruggles & others, praying 
for leave to raise a Company of Cavalry from the Towns 
of Roxbury, Brookline & Dorchester in the County of 
Norfolk. 

Resolved, That the Governor with the consent of Coun- 
cil be authorised & empowerd to raise a Company of 
Cavalry, within the Towns of Roxbury, Brookline & Dor- 
chester aforesaid, to be annexed to the first Regement first 
Brigade & first Division of Militia in this Commonwealth 
— subject to such rules & regulations as are or may be 
provided by Law. February 25, 1799.* 



Chapter 143. 

RESOLVE ON THE PETITION OF DANIEL LUNT AND OTHERS, AU- 
THORIZING THE GOVERNOR AND COUNCIL TO RAISE A COM- 
PANY OF CAVALRY. 

On the petition of Daniel Lunt & others, praying that 
a Company of Cavalry may be raised in the first Regement, 
Second Brigade, Sixth Division of Militia in this Com- 
monwealth. 

Resolved — That his Excelency the Governor, with con- 
sent of Council, be authorised & empowerd to raise a 
Company of Cavalry in said Regement accordingly — to be 
annexed to the Squadron of Cavalry in said Brigade, & 
subject to such rules & Regulations as are or may be pro- 
vided by Law. February 26, 1799. 

* Date of approval not given. 



278 Resolves, 1798. — January Session. 



Chapter 143. 

RESOLVE ON THE PETITION OF JOHN BUTLER. 

On the Petition of John Butler, praying that the Treas- 
urer of this Commonwealth may be directed to Issue to 
him a Note in lieu of One destroyed. 

Resolved, that the prayer of said Petition be so far 
granted, that the Treasurer of this Commonwealth be, and 
he hereby is Authorised and directed to make out and de- 
liver to the said John Butler a Note bearing interest at 
5 pr. Centum, & bearing date July the first AD. One 
thousand seven Hundred and Ninety four, for the sum of 
said Note which is distroyed, including the Interest due on 
said Note to that date — The Note bearing date February 
1, 1783 ; for the sum of Ten pounds, three shillings & ten 
pence. Provided the said John Butler, shall give to the 
Treasurer a bond Conditioned, that he will indemnify the 
Commonwealth from a Note No. 10,428 given to the said 
John Butler dated Feburary Ist 1783 for the sum of Ten 
pounds, three Shillings & ten pence which Note appears 
to be destroy'd — the Treasurer to Ascertain the Interest 
due thereon. February 26, 1799. 

Chapter 144:. 

RESOLVE ON THE PETITION OF DAVID WELLS, ANNULLING THE 
DISQUALIFICATIONS IMPOSED UPON HIM BY A COURT MARTIAL. 

On the petition of David Wells. 

Resolved, That the disqualifications imposed on the said 
David by a Court martial held at Haverhill in February 
last, be and the same are hereby taken off & annulled. 

February 26, 1799. 



Chapter 145. 

RESOLVE ON THE PETITION OF ELIZABETH BROWN, DIRECTING 
THE TREASURER TO DISCHARGE A BOND. 

On the petition of Elizabeth Brown Executrix to the 
last Will of Henry Young Brown. 

Resolved, That the Treasurer of the Commonwealth be 
and hereby is directed to give up and discharge a Bond 
in the Treasury Office dated Feby. 16, 1765, signed by 
Henry Young Brown & others conditioned for the pay- 



Resolves, 1798. — January Session. 279 

ment of Two hundred pound8, on or before the seventh day 
of June, 1765 — Provided the said Elizabeth shall before 
the first day of June 1800, pay into the Treasury five hun- 
dred dollars. February 26, 1799. 

Chapter 146. 

RESOLVE EMPOWERING THE GOVERNOR TO DISBAND THE REGI- 
MENT OF INFANTRY IN MARBLEHEAD, AND TO FORM SAID 
REGIMENT INTO TWO COMPANIES OF ARTILLERY TO BE 
UNDER THE COMMAND OF A MAJOR. 

On the petition of the Hon. Stephen Abbot Esqr. Major 
General of the second Division of the Militia of this Com- 
monwealth, praying that the Regiment of Infantry in 
Marblehead in said Division may be disbanded, & that the 
men composing the said Regiment may be formed into a 
Battalion of Artillery. 

Hesolved, That his Excellency the Commander in Chief 
be & he hereby is authorized & empowered, if he thinks 
it expedient, to disband the Regiment of Infantry in 
Marblehead, & to form the men now composing the said 
Regiment into two Companies of Artillery, which shall 
be a battalion, under the command of a Major, attached 
to the first Brigade in the second division of the Militia of 
this Commonwealth. February 26, 1799. 

Chapter 147. 

RESOLVE AUTHORIZING OSGOOD CARLETON TO COMPLETE THE 
COMPILATION OF THE MAPS AND APPOINTING A COMMITTEE 
TO SUPERINTEND THE SAME. 

Resolved that Osgood Carl [e] ton be &, he hereby is au- 
thorized to compleat the compilation of the Maps of this 
Commonwealth and when the same shall be compleated 
to the acceptance of the agents hereafter mentioned the 
said Carl [e] ton shall be allowed & paid therefor such 
reasonable sum of money as his services may merit. 

And be it further resolved that the Revd. Jedediah 
Morse, John Davis Esq. & Mr. Samuel Webber, Profes- 
sor of Philosophy & Mathematicks, or any two of them be 
and they hereby are appointed Agents in behalf of this 
Commonwealth to superintend the compiling of the said 
Maps, and, when the same shall be compiled on the several 
scales prescribed by a resolve heretofore passed, to con- 
tract with some skilful engraver, to engrave and print 



280 Resolves, 1798. — January Session. 

four hundred copies of each of the said Maps, for the use 
of this Commonwealth, on such terms as they may deem 
best, reserving the disposal of the plates and copyright to 
the future determination of the General Court. 

February 26, 1799. 

Chapter 148. 

RESOLVE DISCHARGING AMASA DAVIS, ESQ. Q. M. G. OF CERTAIN 
SUMS AND ALLOWANCES. 

On the representation of Amasa Davis Esqr. Quarter 
Master General. 

Resolved that the said Amasa Davis be and he hereby 
is discharged from the sum of Twenty nine thousand 
two hundred dollars received by him on four Warrants 
drawn in his favour on the Treasurer of this Common- 
wealth in the year 1798, also of fourteen hundred and 
forty dollars twenty eight cents, received of Lewis 
Hayt making in the whole — Thirty Thousand six hundred 
and forty dollars and twent}^ eight cents and that there be 
allowd and paid out of the Treasury of this Commonwealth 
to the said Amasa Davis the sum of Eleven Thousand 
Eight hundred and Eighty five dollars he to be accountable 
therefor — and also the further sum of One hundred and 
sixty six dollars and seventy six cents for the ballance of 
his account, six hundred dolhirs for his services and three 
hundred dollars for Oifice rent and Clerks wages amount- 
ing in all to One Thousand and sixty six dollars seventy 
six cents which will be in full of his said Account and for 
his services from January 17th 1798, to January, 17th 
1799 — Inclusively. Fehrxiary 26, 1 799. 

Chapter 149. 

RESOLVE ON THE REPRESENTATION OF THOMAS DAVIS, ESQ: 
GRANTING FIVE HUNDRED DOLLARS TO ENABLE HIM TO DE- 
FRAY THE EXPENSE OF CARRYING INTO EXECUTION A RESO- 
LUTION OF THE GENERAL COURT, PASSED FEBRUARY 28TH 
LAST. 

On the representation of Thomas Davis Esqr. 

Resolved, That there be paid out of the publick Treas- 
ury, to Thomas Davis Esqr. five hundred dollars, to en- 
able him to defray the expense of carrying into execution 
a resolution, of the Legislature of the 23d of Feby. 1798 
for resurveying the Waldo Patent, he to be accountable 
for the same. February 26, 1799. 



Resolves, 1798. — January Session. 281 



Chapter 150. 

RESOLVE AUTHORIZING THE OFFICERS IN KENNEBECK COUNTY 
TO RECEIVE FEES. 

Resolved That all persons who may be appointed and 
qualified to any office within the County of Kennebeck 
before the first day of July next, and are required by law 
to pay the County Treasurer thereof any sum of Money 
previous to their receiving any fees or profits of their 
offices respectively, may recieve any such fees and profits 
until such Treasurer shall be chosen and for the space of 
one month after. February 28, 1799. 

Chapter 151. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF SUFFOLK AND GRANTING A TAX. 

Whereas the Treasurer of the County of Suffolk has laid 
his accounts before the General Court in manner pre- 
scribed by law which are hereby allowed : & whereas the 
Clerk of the General Sessions of the peace for said County 
has laid before the General Court an estimate made by 
said Sessions of the necessary charges likely to arise in 
said County the present year amounting to six thousand 
dollars ; and of one other sum of four thousand dollars 
requisite and expedient for past payment of debts due 
from said County : 

Resolved that the sum of ten thousand dollars be and 
the same is hereby granted as a tax for the said County 
of Suffolk to be apportioned, assessed, collected & applied 
for the purposes aforesaid according to law. 

February 28, 1799. 

Chapter 152, 

RESOLVE REQUESTING THE SENATORS AND REPRESENTATIVES 
OF THIS STATE TO CAUSE TO BE PROPOSED AN AMENDMENT 
TO THE CONSTITUTION OF THE UNITED STATES RESPECTING 
THE CHOICE OF PRESIDENT AND VICE-PRESIDENT. 

Resolved, That the Senators & Representatives of this 
State in the Congress of the United States, be, & they 
hereby are requested to use their best endeavors, that 
Congress propose to the Legislatures of the several States, 
the following amendment to the Constitution of the 
United States, viz. 



282 Resolves, 1798. — January Session. 

That the Electors of President & Vice President, in 
giving in their votes, shall respectively distinguish the 
person whom they desire to be President, from the one 
they desire to be Vice-President, by annexing the words, 
President, or Vice President, as the case may require to 
the proper name of the person voted for, with such modi- 
fications as may appear necessary for completing the elec- 
tion of Vice President, and in all other respects, as far as 
may be, in conformity to the principles of the second arti- 
cle of the said Constitution. 

Resolved, further, that his Excellency the Governor be, 
& he is hereby requested to communicate the foregoing 
resolve to the Supreme Executive of the State of New 
Hampshire, & also to transmit the same to the Senators 
& Representatives of this Commonwealth in Congress. 

February 28, 1799. 

Chapter 153. 

RESOLVE ON THE PETITION OF SAMUEL SEWALL OF MARBLE- 
HEAD, ESQ. AUTHORIZING THE JUDGE OF PROBATE FOR THE 
COUNTY OF ESSEX IN THIS CASE. 

On the petition of Samuel Sewall of Marblehead in the 
County of Essex Esquire, setting forth that he was ap- 
pointed to, and undertook the Administration of, the 
several Estates of John Ingalls, Robert Hooper junior 
and Swett Hooper, all late of said Marblehead deceased 
intestate, and that he afterwards represented said Estates 
to be insolvent to the Judge of Probate for the said County 
who granted three several Commissions of Insolvency and 
thereby appointed Edward Bowen Esqr. and Mr. Joshua 
Prentiss Commissioners to receive and examine the 
Claims of all the Creditors who should appear against said 
Estates respectively. That the said Bowen hath since de- 
ceased and that no return of such several Commissions or 
of the Claims of the Creditors entitled under the same re- 
spectively has ever been made to the said Judge of Pro- 
bate. 

Resolved, That the Judge of Probate for the Count}'' of 
Essex be, and hereby is, authorized to extend the term 
not exceeding three months for the examining of all 
Claims which have been or shall be rendered against said 
Estates respectively, and to appoint one or more fit per- 
son or persons to be Commissioner or Commissioners to- 



Resolves, 1798. — January Session. 283 

gether with said Joshua Prentiss upon each of said Estates, 
who shall have power to proceed to examine and deter- 
mine upon all such Claims as have been or shall be ren- 
dered against said Estates respectively, and shall make 
report thereof to the fJudge of Probate aforesaid ; — The 
said Commissioners to give notice of the times & places 
of their meeting to examine said Claims in the manner 
prescribed in an "Act for the Distribution of Insolvent 
Estates." February 28, 1799. 



Chapter 154. 

RESOLVE ON THE PETITION OF EDWARD KILLERAN, REMITTING 
A FINE AND DIRECTING THE ATTORNEY-GENERAL TO GOV- 
ERN HIMSELF ACCORDINGLY. 

On the Petition of Edward Killeran in behalf of the 
Selectmen of the Town of Cushing in the County of Lin- 
coln, praying that the fine for not calling a meeting of the 
Inhabitants of sd. Town on the first monday in November 
last for the choice of a Representative in Congress may be 
remitted them. 

Resolved, for reasons set forth in said Petition that the 
fine incurred by the Selectmen of the said town of Cush- 
ing be, and it is hereby remitted them : and the attorney 
general is hereby directed to govern himself accordingly. 

February 28,1799. 



Chapter 155. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF FRAMING- 
HAM, DIRECTING THE ATTORNEY-GENERAL NOT TO PROSE- 
CUTE FOR THE NEGLECT OF NOT MAKING A RETURN OF 
FEDERAL REPRESENTATIVE. 

On the Petition of John Fisk and others Selectmen of 
Framiogham praying that they may be exonorated from 
a fine for not seasonably making return of Votes for fed- 
eral Representative. 

Resolved that the Selectmen of Framingham and each 
of them be and hereby are exonorated from a fine or for- 
feiture for not making due and seasonable return of Votes 
for federal Representative, given in by the inhabitants of 
said Town, on the first Monday of November last, and the 
Attorney General is hereby directed to govern himself 
accordingly. February 28, 1799. 



284 Resolves, 1798. — January Session. 



Chapter 156. 

RESOLVE APPOINTING A COMMITTEE TO CONTRACT WITH ISAIAH 
THOMAS FOR A NEW EDITION OF THE LAWS OF THIS COMMON- 
WEALTH. 

Resolved y that the Honorable Nathan Dane, George 
Richards Minot and John Davis, Esquires, be and 
hereby are appointed a committee, and authorized in be- 
half of this Commonwealth to contract for a new edition 
of the Statute Laws of this Commonwealth, passed or to 
be passed previous to the end of the present Session of 
the General Court, revised or unrevised — said edition to 
contain the Constitution of the United States and of this 
State, the Statute laws and parts of Statute laws of a pub- 
lic nature of this Commonwealth, and such British Stat- 
utes, and parts of British Statutes adopted and now 
practised upon in this State, as the said committee shall 
judge necessary. And shall also contain the titles and 
dates of such private or special Statute laws of this Com- 
monwealth as the said committee may direct. And to 
each volume there shall be formed and annexed a com- 
plete index, together with such marginal references as said 
committee may approve. 

And it is further Resolved, that the committee aforesaid 
are hereby authorised to agree with the person or persons 
that may undertake the work aforesaid for five hundred 
sets of said edition for the use of this Commonwealth for 
such price as shall appear reason [«6Ze] to said committee. 

February 28, 1799. 

Chapter 157. 

RESOLVE DIRECTING THE QUARTER MASTER GENERAL TO CALL 
UPON ALL PERSONS WHO HAVE FIRE-ARMS BELONGING TO 
THIS COMMONWEALTH TO RETURN THEM AND ALLOWING 
PAY TO CAPT. BURBECK. 

Resolved, That the Quarter Master General be & he 
hereby is directed to call on all persons who are in posses- 
sion of any Fire Arms loaned by this Commonwealth, to 
deliver the same to him within three months after such 
demand, or pay to him the sum of five Dollars for each & 
every of said fire arms : — & in case any person, possess- 
ing any of said fire arms, shall neglect or refuse to return 
said fire arms or pay in lieu thereof the said sum of five 



Resolves, 1798. — January Session. 285 

Dollars ; the said Q. M. General is hereby authorized & 
directed to prosecute & sue such offender, therefor. 

Resolved, That the Q. M. General be & he hereby is 
authorized to retain Capt. John Burbeck in the service of 
this Commonwealth, as an Artillerist — to take care of 
the fortification & stores at Nantasket, untill the first day 
of July next. 

Resolved — That there be allowed & paid to the said 
Capt. John Burbeck during his continuance in the service 
of this Commonwealth, One Dollar & seventy five cents 
pr. day. February 28, 1799. 



Chapter 158. 

RESOLVE ON THE PETITION OF JONATHAN AMES. 

On the Petition of Jonathan Ames of Bridgewater pray- 
ing to be discharged from debts due on judgments awarded 
against him in favor of the Commonwealth by the Supreme 
judicial Court at Plymouth in the year 1797 on default on 
his recognizance for the appearance of one Ebenezer Leach 
and Sarah Gay who were indicted before said Court holden 
in the year 1796 at said Plymouth. 

Resolved, that the several debts due to the Common- 
wealth from Jonathan Ames of Bridgewater in the County 
of Plymouth awarded against him by the Supreme Judi- 
cial Court holden at Plymouth in the County of Plymouth 
aforesaid in the year 1797 upon default on his recogni- 
zances entered into before the Supreme Judicial Court 
holden at said Plymouth for the year 1796 for the appear- 
ance of Ebenezer Leach & Sarah Gay before said Court 
to answer to indictments found against them, be & the 
same hereby are released, forgiven, and remitted unto the 
said Jonathan Ames upon his paying all costs which 
the said Comonwealth has been put to in said prosecution 
— & the Attorney General is hereby directed to govern 
himself accordingly. March 1 , 1 799. 



Chapter 159. 

RESOLVE FOR REMOVING THE PRISONERS IN BOSTON GAOL IN 
CASE SICKNESS SHOULD AGAIN PREVAIL IN BOSTON. 

Whereas contagious and epidemical sickness may again 
prevail in Boston, by which the lives of prisoners in Goal 



286 Resolves, 1798. — January Session. 

there may be endangered & lost unless such prisoners may 
be timely removed : Therefore, 

Resolved, that should such sickness again prevail in the 
Town of Boston, whereby in the opinion of the board of 
Health there, the lives of the said prisoners shall be so 
endangered that a removal shall appear to the said board 
necessary for the safety of the prisoners, such prisoners, 
being committed, confined or held in prison by or on ac- 
count of the Commonwealth only, shall be removed to the 
Goals in Cambridge, Concord & Dedham or to any one 
or more of said Goals, as shall be most convenient, by 
warrant from his Excellency the Governor. 

And it shall be the duty of the several keepers of the 
said Goals in Cambridge, Concord & Dedham to receive 
the prisoners aforesaid and them safely keep as they by law 
are to keep prisoners committed for like offences by ordi- 
nary process of law, until such prisoners shall be liberated, 
or returned to the said Goal in Boston by virtue of this 
resolve or otherwise by order of law. 

And it shall be & hereby is made the duty of the said 
board of health to have regard to the circumstances of said 
prisoners, and, when said board shall have formed an 
opinion as aforesaid, to certify the same to the Governor, 
and also to certify when, in their opinion, the said prison- 
ers may be returned to the said Goal in Boston with 
safety. And the several keepers of the said Goals in 
Cambridge, Concord & Dedham, who by virtue of this 
resolve may receive & keep any prisoners as aforesd., 
shall render an Account thereof to the Court of General 
Sessions of the Peace for the County of Suffolk, in the 
manner & to have the like operation in every respect, as 
is provided in the Act passed Feby. 27th 1795 entitled 
*'An Act in addition to an Act, entitled, An Act provid- 
ing for the payment of Costs in Criminal prosecutions, 
and for preventing unnecessary costs therein." 

And any prisoner for debt confined in the said Goal in 
Boston may if such prisoner request it be removed there- 
from ; & returned thereto in manner aforesaid — Pro- 
vided however that the consent of the creditor or creditors 
or those interested in his imprisonment his or their 
Attorney or Attornies shall be therefor first had in writ- 
ing — or if such prisoner has the liberty of the Goal yard 
in Boston, then the consent to such removal, shall be first 
had in writing, of the sureties of such prisoner — in 



Resolves, 1798. — January Session. 287 

which case such prisoner shall have the liberty of the 
Goal yard of the prison to which he may be removed, in 
the same manner as if he had been there originally com- 
mitted & Bond for the liberty of the yard there, given — 
And an}^ act of a prisoner for debt removed as aforesaid 
which would have been an escape had he remained com- 
mitted to the same original prison by due course of law, 
and for which his sureties would have been liable on such 
Bond, shall be an escape, and may be assigned as a breach 
of the condition of the Bond given as aforesd. 

And the keepers of the several Goals in Cambridge, 
Concord & Dedham are hereby required to receive & to 
keep safely, & in the same manner as they are required 
to keep prisoners for debt committed by the ordinary 
process of law, those prisoners for debt who may be re- 
moved from the Goal in Boston & committed to their 
custody as aforesaid — And such keepers of the several 
Goals aforesaid are hereby made liable to the creditor & 
creditors, for voluntary & negligent escapes in the same 
manner as if such prisoner who may so escape had been 
originally committed to the custody of such keeper — 
Provided, however that nothing herein contained shall be 
construed to render the Keepers of either of the said Goals 
in Cambridge, Concord or Dedham, or either of the 
Counties within which the said Goals are situated liable to 
any action or demand of any creditor or creditors for 
or on account of such escape when happening through the 
insufficiency of the Goal. 

And his Excellency the Governor is hereby authorized 
and requested to issue all warrants necessary for carrying 
this Resolve into full effect ; both for removing the prison- 
ers aforesaid from, and returning them to the said Goal in 
Boston in manner abovementioned. March 1, 1799. 

Chapter 160. 

RESOLVE AUTHORIZING THE SECRETARY AND TREASURER TO 
AGREE FOR ONE YEAR WITH A PERSON TO GUARD THE STATE 
HOUSE. 

Resolved- That the Secretary and Treasurer of the Com- 
monwealth be and they are hereby authorized to agree, 
for one year, with one of the persons, that they may em- 
ploy as a night watch to guard the State House ; pursu- 
ant to a resolution passed February 22, 1798, to attend 



288 Resolves, 1798. — January Session. 

every day at the State House for the Ijetter security of the 
same, and the compensation for said attendance shall be 
made in the same way and manner as is provided b}'^ the 
resolve aforesaid. March 1, 1799. 

Chapter 161. 

RESOLVE GRANTING PAY TO THE ASSISTANT CLERK OF THE 

SENATE. 

Resolved., that there be allowed and paid out of the 
Treasury of this Commonwealth to Edward Payne Hay- 
man, assistant Clerk of the Senate, the sum of one hundred 
& twenty Dollars in full for his services the present Ses- 
sion of the General Court. March 1, 1799. 

Chapter 163. 

RESOLVE AND GRANT ON THE PETITION OF OSGOOD CARLETON. 

On the petition of Osgood Carleton praying that a sum 
may be granted him for his immediate relief, on account 
of the services he has render'd, and has contracted to ren- 
der this Commonwealth in compiling a map thereof. 

Hesolv'd That there be allowed and paid from the 
Treasury of this Commonwealth to the said Osgood Carle- 
ton the sum of four hundred dollars on account of his ser- 
vices as aforesaid he to be accountable therefor in manner 



as the general Court shall hereafter direct. 



March 1, 1799. 



Chapter 163. 

RESOLVE ON THE PETITION OF THE TOWNS OF WINTHROP AND 

READFIELD. 

On the petition of the towns of Winthrop and Read- 
field praying for leave to sell a lot of land, the joint prop- 
erty of said towns, the same being lot No. 57 in said 
Winthrop ; and to apply the interest of the money arising 
from said sale to the use of the ministry in said towns re- 
spectively. 

Resolved that the prayer of said petition be granted, 
and that the respective treasurers of the said towns of 
Winthrop and Readfield for the time being be & they 
hereby are Jointly empowered to sell the aforesaid lot of 
land, & to o^ive and execute a good and lawfull deed or 



Resolves, 1798. — Jan^uart Session. 289 

deeds of the same, in behalf of their respective towns ; 
And the said Towns of Winthrop & Readtield are hereby 
further authorized & required to loan their respective pro- 
portions of the monies arising from such sale, and to apply 
the interest thereof to the use of the ministry in the same. 

■ March 1, 1799. 

Chapter 164. 

RESOLVE ON THE PETITION OF WILLIAM LUSCOMB, DIRECTING 
THE SECRETARY TO CERTIFY THE BALANCE. 

On the petition of William Luscomb, Administrator of 
the Estate of William Luscomb late of Salem deceased. 

Resolved, That the Secretary of the Commonwealth, be 
and he hereby is directed to certify to the Governor & 
Council the balance due to William Luscomb, late a 
Matross in Coll. Crane's regiment in the Continental 
Army. And the Treasurer on receiving a Warrant there- 
for is hereby directed to Issue a note conformable to the 
Law Providing for the debt of this Commonwealth, for the 
amount of the principal and interest due to the Estate of 
said Luscomb. March 1, 1799. 

Chapter 165. 

RESOLVE GRANTING TO THOMAS WALCUT ONE HUNDRED AND 
TEN DOLLARS. 

Hesolved that there be allowed & paid out of the Public 
Treasury to Thomas Wallcut One hundred & ten Dollars 
in full for his services as Assistant Clerk of the House of 
Representatives the present Session & including what 
remained due to him for his services the last Session of 
the General Court. March 1, 1799. 

Chapter 166. 

RESOLVE ALLOWING EXTRA PAY TO THE COMMITTEE ON AC- 
COUNTS. 

Hesolved, That there be paid out of the public Treasury 
of this Commonwealth to the Committee appointed to ex- 
amine & pass on accounts for their attendance on that 
service the present session, the sums annexed to their re- 
spective names, in addition to their pay as Members of 
the Legislature, vizt. To the Honble. Isaac Thompson 



290 Resolves, 1798. — January Session. 

for forty four days attendance, Twenty two dollars. To 
the Honble. Ebenr. Thayer for Forty four days, Twenty 
two dollars. To Silas Holman for Thirty eight days, Nine- 
teen dollars & to Nathan Fisher for Thirty eight days, 
Nineteen dollars, which sums shall be in full for their ser- 
vices aforesaid. March 1, 1799. 



Chapter 167. 

RESOLVE GRANTING FIFTY DOLLARS TO NOAH BAYLEY. 

On the petition of Noah Bay ley. 

Resolved that in consideration of his very necessitous 
circumstances and the peculiar objects of his agency & 
the inability of his employers to compensate him for his 
services for ihem, that there be allowed & paid out of the 
public Treasury fifty Dollars to the said Noah Bayley. 

March 1, 1799. 



Chapter 168. 

RESOLVE ON THE PETITION OF ELI BULLARD AND OTHERS. 

On the petition of Eli BuUard & others. 

Resolved, that the Governor be, & he hereby is, author- 
ized & impowered, if he shall judge it expedient, to raise, 
commission & equip a Company of Artillery in the Town 
of Framingham, & annex the same to the Battalion of 
Artillery in the County of Middlesex. March 1, 1799. 



Chapter 169. 

RESOLVE GRANTING ADDITIONAL PAY TO THE JUDGES OF THE 
SUPREME JUDICIAL COURT. 

Whereas the salaries established By Law for the Jus- 
tices of the Supreme Judicial Court, are insufficient for 
Their Honorable support, at the present time : 

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 there with. 

February 28, 1799. 



Resolves, 1798. — January Session. 291 



Chapter 170. 

RESOLVE APPOINTING NATHANIEL DUMMER, ESQ. AT THE EX- 
PENSE AND REQUEST OF SIMEON FOWLER AND JOHN BREWER, 
TO REPAIR TO THE TOWN OF ORRINGTON, FOR THE PURPOSES 
MENTIONED; AND DIRECTING THE ATTORNEY GENERAL TO 
STAY EXECUTION. 

Resolved, that Nathaniel Dammer, Esq. be and hereby 
is appointed a Committee, at the request and expence of 
John Brewer and Simeon Fowler, Esqrs. to repair to the 
Town of Orrington, in the County of Hancock, for the 
purpose of ascertaining the names and number of settlers 
who settled in that Town before the first day of January 
1784, and made separate improvements therein, with the 
names and number of the settlers who settled in that Town 
since that period, and prior to the 25th day of March 
1786, and made separate improvements therein. And the 
said committee (having due regard to a deed of ten thou- 
sand, eight hundred and sixty four acres of land to the 
said Brewer, Fowler and other settlers in said Town, ex- 
ecuted by the committee for the sale of eastern lands at 
the period last mentioned, and a Resolve of the Legisla- 
ture passed the 25th day of February 1791 respecting 
settlers in said Township) is to ascertain the quantity of 
land which each of the settlers aforesaid ought to hold, 
with the sum of money which ought to be paid by each of 
said settlers to the said Brewer and Fow^ler, to enable 
them to pay the sum due to Government for the lands 
aforesaid. And the said Dumnier is hereby directed to 
make report of his doings in consequence of this Resolve, 
to the Committee for the sale of eastern lands, for their 
consideration. And in case they shall approve of the same, 
the said Brewer and Fowler are hereby authorised to call 
upon the said settlers severally to pay the sums from them 
respectively due, according to the report aforesaid. And 
if any settler shall not make payment accordingly within 
the space of six months alter he shall receive notice of the 
sum to be by him paid for his part or proportion of the 
lands aforesaid, the said Brewer and Fowler are directed 
to give information thereof to the General Court, in order 
that such further proceedings may be had as justice may 
require. And it is further 

Resolved that the Attorney General be and he is hereby 
directed to stay execution upon a Judgment recovered by 



292 Resolves, 1798. — January Session. 

the Commonwealth, against the said Brewer and Fowler, 
which was founded on their bond given for payment of 
said lands, until the further order of the General Court. 

MarcJi 1,1799. 



Chapter 171. * 

RESOLVE RELATING TO THE ORDNANCE AND MILITARY STORES 
DELIVERED TO THE UNITED STATES. 

On the Representation of the Quarter Master General, 
setting forth that he ha[^] delivered to Major Daniel 
Jackson Commanding Officer of Castle Island, a quantity 
of Ordnance and Military Stores, the property Of this 
Commonwealth, and valued at Forty one Thousand, six 
hundred and seventy-nine Dollars & seventy eight Cents ; 
the said Jackson having previously produced an Order 
from the President of the United States for the reception 
of the said Stores. 

Resolved, that His Excellency the Governor be and he 
hereby is requested to take such measures as he shall 
judge proper for obtaining from the United States, the 
payment of the said sum of Forty-one thousand six hun- 
dred and seventy nine Dollars and seventy eight cents, 
the amount of the Ordinance & Military Stores delivered 
as aforesaid. March i, 1799. 



Chapter 173. 

RESOLVE ON THE PETITION OF LOTHROP TURNER, AUTHORIZING 
THE GOVERNOR AND COUNCIL TO RAISE A COMPANY OF LIGHT 
INFANTRY IN THE TOWN OF PLYMOUTH. 

On the petition of Lothrop Turner, praying for leave to 
raise a Company of Light Infantry, in the Town of Ply- 
mouth. 

Resolved, That the Governor, with consent of the Coun- 
cil, is hereby authorised and empowerd to raise a Com- 
pany of Light Infantry in said Town of Plymouth, being 
in the first Regement first Brigade & fifth Divission of the 
Militia of this Commonwealth, to be annexed to said first 
Regement and Subject to such rules & Regulations as are 
or may be provided by Law. March 1, 1799. 

* Taken from court record. 



Eesolves, 1798. — January Session. 293 



Chapter 173. 

RESOLVE ABATING BALANCES DUE ON TAX NO. 6 FROM THE 
SEVERAL TOWNS AND PLANTATIONS IN THE COUNTIES OF 
HANCOCK AND WASHINGTON, AND DIRECTING THE TREAS- 
URER TO ENFORCE COLLECTION OF OTHER TAXES. 

Resolved That the balances due on Tax No. 5 from the 
several Towns and Plantations in the Counties of Hancock 
and Washington be and hereby are abated. 

And it is further Resolved That the Treasurer of the 
Commonwealth be and he hereby is directed to enforce 
the collection and payment of all sums that may remain 
due on the first day of September next on Taxes No. 6, 7, 
8 and 9 from the Towns and Plantations aforesaid. 

March 1, 1799. 

Chapter 174. 

RESOLVE ON THE PETITION OF BENJAMIN BASS IN BEHALF OF 
JOEL SILVESTER, DIRECTING THE TREASURER TO ISSUE A 
NEW NOTE. 

On the Petition of Benjamin Bass in behalf of Joel 
Silvester Attorney to Obediah Silvester a soldier in Capt. 
Seth Drews Companey & Col. John Baley's Regement 
praying for his wages which have been drawn by a forged 
order. 

Resolved That the prayer of the petition be granted and 
that the Treasurer be and he is hereby directed to Isue to 
the said Obediah Silvester a note or notes for his wages 
amounting to twenty five pounds fifteen shillings in the 
same way and manner as it the said forged order had not 
been drawn. March 1, 1799. 

Chapter 175. 

RESOLVE GRANTING PAY TO THE CLERKS OF THE TWO HOUSES 
AND THE CHAPLAIN. 

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 
McLean Clerk of the Senate Two hundred & fifty Dollars ; 
& to Henry Warren Esq. Clerk of the House of Represen- 
tatives, Two hundred & fifty Dollars, in full for their 
services respectively the present year. And that the 



294 Resolves, 1798. — January Session. 

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 session. 

March 1,1799. 

Chapter 176. 

RESOLVE ON THE MEMORIAL OF NATHAN DANE, JOHN SPRAGUE 
AND ENOCH TITCOMB. 

Whereas by the memorial of Nathan Dane John Spraofue 
and Enoch Titcomb (Commissioners to declare on what 
terms certain settlers on. the Waldo patent shall be quieted 
in their possessions) it appears to this Court, that by reason 
of the delays of the said Settlers in measuring setting off 
and designating the possessions wherein they were to be 
quieted, they (the Commissioners) could not comply with 
that part of the resolve of this Court of the 27th of June 
last which enjoins them to finish all references therein 
mentiond by the first day of January 1799 : 

Resolvedy That the clause above mentiond in the said 
Eesolve of June 27th be and hereby is repealed ; and that 
the said Nathan Dane John Sprague and Enoch Titcomb 
junr. Commissioners as aforesaid are hereby enjoind to 
finish the object of their Commission as soon as the circum- 
stances of the business will permit. March 1, 1799. 

Chapter 177. 

ROLL NO. 40. 

The Committee on Accounts having examined the ac- 
counts they 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. 

ISAAC THOMSON pr. order. 

Pauper Accounts. 

Dolls. Cts. 

To the Town of Attleborovigh for suppoi'ting Hannah 

Jane including Cloathing to Jany. 12th 1799 ... 60 65 

To the Town of Abington for House rent, and sundry 

su^jplies for Margaret Bonner to Jany. 1st 1799 . . 15 25 

To the Town of Alford for supporting William Maxfield 
to Jany. 8th 1799 including Doctrs. bills 72 57 



Kesolves, 1798. — January Session. 295 



To Joseph Allen for Doctoring John Wilkie to Deer. 22d 

1798 17 2 

To the Town of Amesbury for supporting Jonathan Cid- 
well to May 18th 1798 33 50 

To the Town of Boston for sup23orting sundry paupers in- 
cluding Cloathing from the 31st May, to the 1st Decem- 
ber 1798 2550 66 

To the Town of Brookfield for supporting Luke Tinney 
and his wife to Jany. 1st 1799 —and Abigail Chaise to 
the day of her death including Cloathing, Doctrs. bills & 
funeral expenses 105 47 

To the Town of Boxborough for supporting John Kenady 

including Cloathing to Jany. 5th 1799 .... 49 64 

To the Town of Blandford for supporting James Carter in- 
cluding Cloathing to Jany. 19th 1799 .... 60 32 

To the Town of Bolton for moving John Knows to the 
Town of Wethersfield 12 50 

To the Town of Barre for supporting Christian Dandrick 
including Cloathing & Doctrs. bills to Jany. 1st 1799, 
and Joel Occom (an I[?i]dian boy) to May 19th 1798 in- 
cluding Doctrs. bills 77 34 

To the Town of Beverly for supporting Jane McComb, 
Morris Nash and William Green, to Jany. 5th, 1799 in- 
cluding Clothing 207 96 

To the Town of Bridgwater for supj^orting & Cloathing 

John Jess to Jay. 1st 1799 55 

To the Town of Belcherstown for supporting Betty Dem- 

mon to Jany. 26th 1799 including Cloathing & Doctoring 43 77 

To the Town of Buckland for supporting John Wilkie in- 
cluding Cloathing to Jany. 25th 1799 . . . . 66 83 

To John Bai'tlet for Visits and Medicines to sundry state 

paupers in Roxbury to Jany. 16th 1799 .... 57 56 

To the Town of Billerica for sujDporting Michael Taylor to 

Feby. 18th 1799 20 50 

To William Coffin for Doctoring sundiy state paupers in 

the Town of Glouster to Jany. 4th 1799 . . . . 144 11 

To the Town of Charleston for two Quarters of House 

Rent for Benjamin Long 12 

To the Town of Conway for supporting John Atsatt in- 
cluding Cloathing to Jany. 22d 1799 .... 60 50 

To the Town of Ciiarlemont for supporting Abraham Bass 

to Jany. 2 1st 1799 including Cloathing & Doctrs. Bills . 59 

To the Town of Carlisle for supporting Matthew Jemmer- 
son & Robert Barber to Jany. 26th 1799 including 
Cloathing & Doctrs, bills 106 57 

To the Town of Cokh'ain for sujjporting William Osborn, 
AVilliam Wilson 2d, Rachel Carr, and John Allen to 
Jany. 1st 1799 including Cloathing & Doctrs. Bills . 273 11 

To the Town of Cambridge for supporting, Cloathing & 

Doctoring John Pobeck to Jany. 9th 1799 ... 89 9 

To the Town of Concord for supporting William Shaw to 

Jany. 10th 1799 37 20 

To the Town of Danvers for supporting John Wooden 

Jerusha Bird including Cloathing to Jany. 6th 1799 . 80 97 

To the Town of De [aj [er] i-field for supporting George 
Cook from 1st Deer. 1797 to March 1st 1798 ... 25 



296 Resolves, 1798. — January Session. 



To the Town of Dedham for supporting Charles Williams 

and Robert Clue in full 25 25 

To the Town of Dartmouth for supporting Polly Upham, 
and Rachel Casar an Indian woman including Cloathing 
& Doctering to Jany. 21st 1799 87 70 

To the Town of Dover for supporting and Cloathing Pat- 
rick Cowin to Feby. 18th 1799 64 17 

To the Town of Dorchester for boarding. Nursing & 

Cloathing Mrs. Thornton to Feby. 6th 1799 . . . 110 

To the Town of Duxbury for supporting Mai'garet 

Mitchel to Feby. 13th 1799 46 79 

To the Town of East-Hampton for supporting Rebecca 
Gardner to Jany. 17th 1799, including Cloathing Doctor- 
ing 47 83 

To the Town of Egremont for supporting the Widow 
Daley and three Idiot Children Viz., Joseph, Benjamin 
&Elizabethto Jany. 11th 1799 204 61 

To Constant Freeman keeper of the Almes House in Boston 
to Deer. 1st 1798 196 67 

To the Town of Freetown for supporting Francis Brow to 

Feby. 1st 1799 including Cloathing 97 50 

To the Town of Falmouth for supporting and Cloathing 
a Negro man by the Name of Jack Mitchel to Deer. 17th 
1798 28 

To the Town of Glouster for supporting and Cloathing 

sundry paupers to Novr. 10th 1798 . . . . _ . 832 81 

To James Gass for Doctering sundry state paupers in 

Glouster to Deer. 20th 1798 38 

To the Town of Grandby for supporting Ebenr. Dervin and 
John Murry to Jany. 7th 1799, including Cloathing & 
Doctr' bills 78 2 

To the Town of Georgetown for supporting John Leyons 
& Nicholas Hand to Jany. 19th 1799, including Cloathing 
— and Partrick Lynch & Francis McLara to the time of 
their deaths including Funeral Expenses . . . 310 87 

To the Town of Gi-anville for supporting & Cloathing 

Thomas Williams and his wife to Feby. 1st 1799 . . 74 81 

To the Town of Greenfield for supporting John Battis & 
Funis Converce, to Jany. 1st 1799 including Cloathing 
& Doctrs. bills — and John Esterwood his wife & one 
Child three weeks & half, including Doctrs. bills . . 100 37 

To the Town of Groton for sujiporting John Claffin Wright 
to Jany. 10th 1799 and John William Benteroot and his 
wife including Cloathing, and Doctrs. bills to the same 
time 183 32 

To the Town of Hollewell, for supporting George Frost 

a foundling Child to Jany. 1st 1799 .... 49 83 

To Thomas Hinckley for supporting Rachel Commings to 

January 1st 1799 144 

To the Town of Hancock for supporting Rebecca Osborn 

an Idiot including Cloathing to Jany. 1st 1799 . . 50 80 

To the Town of Hadley for supporting and Cloathing 
Francis Trayner, Mary Battis, & Peter Mange including 
Doctrs. bill 130 57 

To the Town of Holliston for supporting Jams Lewis 
including Cloathing to Feby. 2d 1799 .... 73 90 



Resolves, 1798. — January Session. 297 

Dolls. Cts. 

To the Town of Hawley for suijporting Thomas Oaks in- 
cluding Cloathing Jany. 1st 1799 79 33 

To the Town of Hardwick for supporting David Chamber- 
lain to Deer. 28th 1798, and John Veal to Jany. 8th 1799 
including Cloathing & Doctrs, bill 164 25 

To the Town of Hopkinton for supporting Wm. Maybre 
to April 1st 1798 and James Roach to Feby. 1st 1799 in- 
cluding Doctrs. bill 70 63 

To Joseph Hodgkins keeper of the House of Coi'rection in 

the Town of Ipswich 280 55 

To the Town of Ipswich for supporting Nursing & Cloath- 
ing Antiono Crane to Jany. 8th 1799 .... 35 40 

To the Town of Lenox for Su^Dporting John Jones & 
Christian Crow including Cloathing & Doctrs. bill to 
Jany. 17th 1799 56 52 

To the Town of Littleton for sup^jlies for Richard Crouch 

to Jany. 26th 1799 24 

To the Town of Lincoln for supjioi'ting Thomas Pocock to 

Feby. 5th 1799 including Cloathing 48 45 

To the Town of Leicester, for supporting Spencer Noble 

to Jany. 13th 1799 including Cloathing .... 39 

To the Town of Lynn for sujiporting Doctering Nursing 
and burying John Andrews 70 34 

To Joseph Manning for Visits & Medins. for sundry pau- 
pers in the Town of Ipswich to Feby. 12th 1799 . . 50 34 

To the Town of Methuen for supporting & Cloathing 

Thomas Pace to Jany. 1st 1799 45 18 

To the Town of Mendon for supporting Sally Brown a 
Negro woman & her two Children including Cloathing 
to Jany. 26th 1799 26 25 

To the Town of Machias for boarding & Nui'sing John 
Hodson three days 1 50 

To the Town of Milton for supporting & Cloathing 
Thomas Webster to Feby 12th 1799 — and a transient 
Lad taken sick on the Road 57 

To the Town of Norton, for supporting Joseph Pi'att and 
Nero (a Negro) to Feby. 1, 1799, including Clothing . 151 99 

To the Town of New-Bedford, for supporting Peg Burnett, * 

Patience Sydnal & Children, & Isaac Simons, to Feby. 
1, 1799 including Clothing, Doctor's bills and funei'al 
expenses for sd. Peg Bui'net & Isaac Simons . . . 90 46 

To the Town of Newbury for supporting sundry paupers 
including Cloathing and Doctrs. bills from Jany. 1st 
1798 to Jany. 1st 1799 1045 36 

To the Town of New-Mai"lborough for supporting Huldah 
Squire including Cloathing, in full (exceiDting Doctor 
Smith's bill which is mislaid) 28 70 

To the Town of New-Salem for supporting three of the 

Children of Jesse Bedient to Feby. 5th 1799 ... 44 20 

To the Town of Newbury-Port for su):)porting sundry 
State paupers including Cloathing Nursing & l3octering 
from Jany. 1st 1798 to Jany. 1st 1799 .... 159350 

To the Town of North Hampton for supporting Samuel 
Green to Jany. 3d 1799, & Michael Meads to Jany. 1st 
and Nancy McMullin to Janv. 12th 1799, including 
Cloathing " 142 14 



298 Resolves, 1798. — Januaey Session. 

Dolls. Cts. 

To the Town of Oakham, for supporting Doctoring and 

Funeral Expenses of Francis Noble . . . . 16 50 

To the Town of Oxford for supporting Martin Jordon in- 
cluding Cloathing funeral exijenses — and for support- 
ing Catharine Jordon to Jany. 1st 1799 including f 15 — 

alld. Jona. Learned for Doctering 71 81 

To the Town of Fembrook for supporting John Monder 

to Jany. 1st 1799 including Cloathing .... 49 13 

To the Town of Flymton for sundrys supplyd to Simon 
Brown and Hannah Mitehel to March 1st 1798 including 

Doctr. Bartletts bill 67 4 

To the Town of Portland for suppoi'ting Susanna Thomas 
and the widow Fadon and Child, to Jany. 10th 1799 in- 
cluding Cloathing 74 85 

To the Town of Palmer, for supporting, Cloathing, and 

Nursing William Mendon to Jany. 4th 1799 ... 67 37 

To the Town of Pittston for supplies for Mr. Hague and 

family including ph5^sician's bill 22 89 

To the Town of Plymouth, for supporting & Cloathing 

Nathaniel Thomas, to Jany. 27th 1799 .... 63 67 

To the Town of Fittsfield for supporting Molly Welsh one 
year ending Jany. 1st 1799, and for boarding Nursing 
and Doctering Benjamin Fisk and for conveying a tran- 
sient person out of the State ...... 65 

To the Town of Royalston for supporting Joshua Capon to 

29th Jany, 1799 including Cloathing . . . . 23 55 

To the Town of Reading for Thomas Grant to Octr. 20th 
1798, and Samuel Bancroft to Jany. 25th 1799, including 

Cloathing & Doctrs. bills 180 65 

To the Town of Kehoboth for supporting Cloathing, and 
Doctering Richard Bolton to Jany. 1st 1799 and Anna 

Carroll, to Deer. 7th 1798 62 65 

To the Town of Roxbury for Supporting Cloathing, & 

Nursing sundry paupers to Jany. 1st 1799 . . . 465 59 
To the Town of Swanzey, for supporting Salley Robbins 
and her Children to Jany. 3d 1799, including Cloathing 
and funeral expenses for her and one Child, and Finner 
Peirce, a Negro woman, to Jany. 4th 1799 . . . 112 14 
To the Town of Southwick for supporting George Read 

including Cloathing to Feby. 1st 1799 .... 70 67 

To the Town of Shirley for supporting and Cloathing 

John Kelley to Jany. 17th 1799 35 74 

To the Town of Stock bridge for supporting and Cloathing 
Hennery Cole to Sepv. 4th 1798 Samuel Haney, Joseph 
Grant, and prince, a Negro, to Deer. 4th 1798 . . 174 52 

To the Town of Salem for suppoi-ting sundry paupers in- 
cluding Cloathing and Doctr. bill from June 4th 1798 

to Jany. 1st 1799 1094 17 

To the Town of Stoughton for supporting Nursing and Doc- 
tering Ceasar a Black man in the winter & spring of 1798 26 23 
To the Town of Scituate for sundrys supplyd to Mary Car- 
low, and Cloathing Elizabeth Breedon to Feby. 3d 1799 65 50 
To William Towner for doctg. London Wallace & Policy 

Wallace to Deer. 27th 1798 56 6 

To the Town of Upton, for supporting & Cloathing Eliza- 
beth Brown, to Feby. 6th 1799 58 17 



Resolves, 1798. — January Session^. 



299 



To the Town of Uxbridge foi' supporting & Cloathing 
Betty Trifle & David Mitchel to Jany. 23d 1799 

To the Town of Western for su])porting & Cloathing John 
Kean to Jany. 1st 1799, and John Weakley to Jany. 1 1th 
and William Johnson & Hannah his wife to the sd. Uth 
Jany. 1799 

To the Town of Weymouth for supporting Tliomas Wallis 
including Cloathing to Jany 4th 1799 .... 

To the Town of Westfield for supjjorting and Doctoring 
James Deuell to Feby. 1st 1799 and William Davis in- 
cluding Cloathing, Doctering and Nursing to Jany. 1st 
1799 

To Josiah H. White for doctg. John Killy to Feby. 12th 
1799 

To the Town of Woolwich for supporting Cloathing and 
Doctering Joshua Fuller to Deer. 31st 1798 . 

To the Town of Winsor for supporting and Cloathing 
Benjamin Still & wife to Feby. 11th 1799 

To the Town of Williamston, for supporting, Nursing & 
Cloathing London Wallace & PoUey Wallace, to Jany. 
21st 1799 

To the Town of Walpole for supporting and Cloathing 
Sally Davis to Jany. 1st 1799 and Patrick Hancock to 
Jany. 6th 1799 

To the Town of Wrentham for supporting Harcourt in- 
cluding Cloathing to Jany. 1st 1799 .... 

To the Town of Ware for Supporting Thomas Robuck to 
the time of his death including Cloathing Doctering & 
Nursing . . . . 

To the Town of Worcester for supporting and Cloathing 
Peter Willard to Jany. 1st 1799 and Partrick Mears 
eight days including Cloathing 

To the Town of West- Springfield for supporting Lucy 
Kent and Child, and William Bell to Jany. 7th 1799, in- 
cluding Cloathing 

To the Town of Westford for supporting Elizabeth AVilson 
to Jany. 1st 1799 including Cloathing and Docterino; 

To the Town of Woburn for supjjorting Thomas Hardman 
including. Nursing and Doctering to Jany. 8th 1799 

To the Town of Westborough for supporting John Skude- 
more to Feby. 4th 1799 including Cloathing, Nursing & 
Doctrg 

To the Town of York for suppoi'ting Elizabeth Perkins, 
William Kerswell and his wife and Mary Crocker to 
Jany. 1st 1799 including Cloathing & Doctering 



Militia Accounts. 

To James Ayers, Adjt. to July, 1798 .... 
To Amos Ames Adjt. to Novr. 1798 .... 
To John Adams Adjt. to Jany. 1799 .... 
To James Avery Brigade Majr. to Jany. 1799 
To Luke Bemis for conveying Artillery — to Jany. 1799 
To William Burr for conveying Artillery — to Jany. 1799 



Dolls. 


Cts. 


82 


50 


120 


83 


40 





127 


31 


11 


10 


91 





94 


17 



51 33 



155 


78 


69 


78 


85 





75 


93 


90 


72 


76 


67 


111 


31 



59 83 



149 26 



15921 


42 


Dolls. 


cts. 


7 


29 


22 


53 


23 


16 


82 


35 


7 


50 


3 


75 



300 



Kesolves, 1798. — January Session. 



To William Bull Adjt. for services to Jany. 1799 
To Samuel Bliss Adjt., for services to Jany. 1799 
To William Bridge Adjt for services to Jany. 1799 . 
To Josiah Byington Adjt. for services to Feby 1799 . 
To Peter Butlar, Adjt. for sei'vices to Jany. 1799 
To Matthias Blossom Adjt. for services to Jany. 1799 
To David Boutwell Adt. for services to Jany. 1799 . 
To Abner Burt Adjt. for services from April 1798 to Jany 

1799 

To Jonah Brewster Adjt. for services to Jany. 1799 . 
To Benjamin Blanchard Adjt. for services to Jany. 1799 
To Joseph Chandler, for Horse hire conveying Artillery 

to Jany. 1799 

To Samuel Cutlarfor Adjts. duty and Horse hire conveying 

Artillery to Jany. 1799 

To Peter Clark Adjt. for services to Jany. 1799 . 

To Hartshorn Coney Adjt. for services to Decembr. 1798 

To Isaac Clewley Adjt. for services from June to Nov 

ember 1798 

To Elihu Cutlar Adjt. for services to Jany. 1799. 
To Joel Deming Adjt. for services to Jany. 1799 
To Medad Dickinson Brigade Majr. for services to Jany 

1799 

To Jesse Devenport Adjt. for services to Jany. 1799 . 
To Walter Dickson Adjt. for services to Jany. 1799 . 
To Russell Dewey Adjt. for services to Septr. 12th 1798 
To William Donnison Adjt. General for his services to 

Jany. 1799 

To Ephraim Emory Brigade Majr. for services to Jany 

1799 

To Noah Ford for Horse hire, conveying Artillery to Jany 

1799 

To Abraham Fuller Adjutant for services to Jany. 1799 

To Joseph Farley Adjt. for services to Jany. 1799 

To Samuel Field Adjt. for services to Jany. 1799 

To John Farrer Adjt. for services to Jany. 1799 

To William Fisk Brigade Majr. for services to Jany. 1799 

To Ruben French for Horse hire conveying Artillery — 

to Jany. 1799 

To Thomas Gardner for Horse hire conveying Artillery — 

to Jany. 1799 

To Barzillai Gannett Aide Camp, for services — Des 

tributing Division Orders — to Feby. 5th 1799 
To Eleazer Holmes for Horse hire conveying Artillery — 

&c. to Jany. 1799 

To Epaphras Hoyts Adjt. for services to Jany. 1799 . 

To Samuel Howai-d Brigade Majr. for services from July 

to December 31st 1798 

To Cyrus Hosmer Adjt. for services to Feby. 1799 

To Jacob Haskell Adjt., for services to Jany. 1799 

To Caleb Howard Adjt., for services to Jany. 1799 . 

To Nathan Hayward for services in destributing Division 

Orders to Jany. 1799 

To Timothy Hopkins Adjt. for services to Jany. 1799 
To William Hinkley Brigade Majr. for services to Jany 

1799 



Dolls. 


Cts. 


15 


75 


24 


49 


52 


91 


22 


12 


10 


24 


32 


61 


16 


58 


13 


83 


10 


82 


26 


30 


5 


46 


19 


86 


26 


94 


17 


97 


22 


49 


38 


75 


5 


79 


49 


96 


43 


6 


19 


69 


22 


42 



633 33 

60 50 



5 





11 


66 


27 


81 


19 


32 


10 


73 


34 


70 


10 





8 


84 


16 


87 


7 


50 


11 


18 


72 


46 


36 


87 


12 


93 


19 





25 


85 


11 


24 



45 78 



Resolves, 1798. — January Session. 



301 



I 



To William Jackson Brigade Majr. for sei-vices to Decem- 
ber 1798 

To William Jefferds Brigade Majr. for services to Jany 

1799 

To Winsor Jones Adjt. to Jany. 1799 .... 
To John Kidder for Horse hire conveying Artillery &c 

Jany. 1799 

To Cyrus Keith Adjt. for services from July 1798 to Jany 

1799 

To William Lurvey for Horse hire, conveying Artillery 

&c. to Jany. 1799 

To Ephraim Lincoln for Horse hire conveying Artillery 

&c. to Jany. 1799 

To Nathaniel Libbey Adjt. for services to July 1798 . 
To Giles Lymon Adjt. for services to Jany. 1799 
To Seth Lincoln Adt. for services to Octr. 20th 1798 . 
To Jacob Mann Brigade Majr. for services to Jany. 1799 
To John Meacham Adjt. for an omission in his acct 

rendered and passed March 1798 . 
To Daniel Osborn Adjt. for services to Jany. 1799 
To Sylvester Procter for Horse hire conveying Artillery 

&c. to Jany. 1799 

To Nehemiah A, Parker Adjt. for services to Jany. 1799 

To Benjamin Poor Adt, for services to Jany. 1799 

To Thomas Phillips Brigade Majr. for services to Jany 

1799 

To David Payson Adjt. for services to Jany. 1799 

To Isaac Patten Adjt., for services to Jany. 1799 

To William P. Rider Adjt. for services to Jany. 1799 

To George Russell Adjt. for sei'vices to Jany. 1799 . 

To Asariah Root Adjt. for services to Jany. 1799 

To John Sargeant Adjt. for services to Jany. 1799 

To Ignatius Sargent for Horse hire conveying Artillery 

&c. to 1799 

To William Sprague Adjt. for services to Jany. 1799 

To Erastus Smith Adjt. for services to Jany. 1799 

To William Sever Bi'igade Majr. for services to Jany. 1799 

To George Stanly Adjt. for services to Jany. 1799 

To Daniel Sweet Adjt. for services to Jany. 1799 

To Samuel Satterlee Adjt. for services to Jany. 1799 . 

To Hennery Sweet Adjt. for services to Deer. 1798 . 

To Philip Sweetser Adjt. for services to Feby. 1799 . 

To Amos Stoddard Brigade Majr for services to July 1798 

To John Spooner Adjt. for services to Jany. 1799 

To John Taylor Brigade Majr for services to Feby. 1799 

To Samuel M. Thayer Brigade Majr. for services to Jany 

1799 

To William Towner Brigade Majr. for services to Jany 

1799 

To Isaac Talbut Adjt. for services to Feby. 1799 

To Seth Tinkham Brigade Majr. for services to Jany 

1799 

To John Tolman Adjt. for services to Septr. 1798 
To Joseph Vintor Adjt. for services to Jany. 1799 
To Daniel Wild for horse hire conveying Artillery, &c. to 
Jany. 1799 



Dolls. Cts. 


35 


85 


41 


48 


26 


30 


5 





8 50 


11 


25 


4 


58 


13 


28 


8 


22 


8 


93 


88 


43 


9 


30 


7 


58 


3 


75 


13 


11 


17 





33 


3 


22 


50 


22 


77 


13 


77 


9 


92 


6 83 


21 


66 


22 





16 


32 


32 41 


72 


35 


19 


27 


12 


98 


6 


45 


9 


69 


10 


62 


17 


58 


37 


5 


51 


25 


142 


75 


55 


12 


4 


93 


52 


49 


18 


33 


4 


5 



20 



302 



Resolves, 1798. — January Session. 



To Abel Wilder Adjt. for services to Jany. 1799 
To Daniel White Adjt. for services to Jany. 1799 
To Timothy Whiting Adjt. for services to Jany. 1799 
To Asa Williams Adjt. for services in full .... 
To Nathaniel Whittier Adjt. for services to Feby. 1799 
To Isaac Winslow Aid de Camp to Genei-al Elliot for dis- 
ti'ibuting Division Orders to Feby. 1799 .... 
To Seth White Adjt. for services to Feby. 1799 
To John Williams Aid de Camp to General Hull for dis- 
tributing Division Ordei's to Jany. 1799 .... 
To Sampson Woods Brigade Majr. for services to Jany. 

1799 

To Jonathan Wheeler Adjt. for services to Jany. 1799 

Expences of Courts Martial & Courts of enquirey 

To a Court Martial whereof Col. John Chandler w as Presi 
dent , . . 

To a Court of enquirey whereof General Elliot was Presi- 
dent 

To a Court of enquirey whereof Majr. Butterworth was 
President 



MiscellaneoTis Accounts. 

To Thomas & Andrews, for 3 second Vols. Laws of Mass- 
achusetts, for the Infoi-mation of the House of Repi'e- 
sentatives 

To Norton Brailsford for mending the windows in the Old 
State House &c. 1797 & 1798 

To John Boyle for Books and Stationary &c. supplyd the 
General Court &c 

To Peleg Coffin Esqr. Treasurer — for Postage on Letters 
&o. and for Oil for Lamps for the State House as pr. 
Bill 

To George Clark for Funeral expences for James Hanafar 
one of the Convicts 

To Daniel Cawin for 48 days Assisting the Messenger of 
the General Court this Session and one day the last 
Sess[es]ion 

To the Hon. Thomas Daws & Thomas Davis Esqrs. for 
their services in Adjusting the accts. of Peleg Coffin 
Esqr. Treasurer of the Commonwealth, and for defacing 
Notes, due bills, orders &c. Issued under the authority 
of the Commonwealth, agreeable to a Resolve passed 
June 9th 1798 each $35 

To Oliver Fisk for supplies found the Convicts in 
Worcester Gaol 

To Daniel Hooper for his time and expence in Notifying 
Tristrum Jourden Esqr. to appear before the General 
Court, and Delivering a Summons to Robert Southgate 
Esqr. on the same buisness 

To Oliver Hartshorn for supporting seven Convicts in the 
Goal in Boston to Jany. 22d 1799 including Cloathing & 
Nursing 



Dolls 


. Cts. 


21 


24 


22 


48 


20 


24 


3 


38 


6 


34 


71 


76 


12 


86 


125 


16 


63 60 


26 


13 


Dolls 


. cts. 


98 56 


48 


65 


13 85 


3299 


12 


Dolls 


i. cts. 


7 
1 


50 


6 


85 


'. 315 

1 


91 


130 79ii 


5 






85 75 



70 





16 


7 


28 50 


202 44 



Resolves, 1798. — January Session. 



303 



To Jonathan Hastings foi' Postage on Public Letters to 
Deer. 31st 1798 

To Joshua Holt for Boarding, Cloathing and Schooling 
Levi Konkapot to Feby. 20th 1790 inclusive . 

To Joseph Hunt for Doctring Convicts in Concord Goal 
to Jany. 22d 1799 

To Sylvanus Lapham for 46 days Assisting the Messenger 
of the General Court to Feby. 28, 1799 . . 

To Isaac Peirce Messenger to the Governor & Coitncil, for 
sundrys supply'd Secretary's Office, Council, &c. after 
deducting one hundred and fifty dollars, Receivd. of 
the Treasurer, by Resolve 

To John Rogers for himself, Ho[r]se and expences with 
Despaches from Justice Hill to His Excellency last Sep- 
tember 

To John Richardson for supporting five Convicts in Con- 
cord Goal including Cloathing and Nursing — to Jany. 
22d 1799 . . _ . 

To Thomas Spear for services as keeper of Hospital Is- 
lan[a]d from Feby. 14th 1798 to Feby. 14th 1799 . 

To Daniel Sewall Clerk of the Suprm. Court for the County 
of York for a Seal and three Recording Books 

To David Thatcher for services in carrying summons to 
an Officer to summon Witnesses in Billerica to appear 
before the Senate, and paying said Witnesses in May 
last 

To David West, for stationary, &c. for the Treasury's 
Office 

To James White for stationary &c. for the Secretary's 
Office, and for the use of the General Court to Feby. 
21st 1799 



Printers Accounts. 

To Francis Stebbins, for Publishing Acts and Resolves of 
the General Court, for the year 1798 

To E. Russell for ditto for 1798 

To Wait Roberson & Baker for Do 

To Benjamin Russell for Do for 1797 and 1798 . 

To Young and Minns for Printing for the General Court, 
Secretary, Treasurer, Adjt. General & Agricultui-al 
Society to Feby, 26 1799 • . 



Sheriff s'' Accounts. 

To Simon Larned, for services to Jany. 1799 
To Edmund Bridge for services to Deer. 1798 . 
To Joseph Hosmer for services to Jany. 1799 . 
To Ebenezer Mattoon for services to Feby. 1799 
To George Partridge for services to Jany. 1799 . 
To John Wait for services to Jany. 1799 . 
To Richard Hunnewell for services to Jany. 1799 
To Benjamin C. Cutlar for services to Jany. 1799 



Dolls. 


eta 


66 


78 


66 78 


14 70 


69 





7 





27 





178 


62 


44 


43 


17 





6 


38 


67 


63 



169 49 



1603 


62^ 


Dolls 


. Cts. 


16 


67 


16 


67 


16 


67 


33 


33 



613 54 





696 88 


Dolls. Cts. 


23 33 




. 44 89 




4 99 




37 64 




7 33 




35 76 




51 84 




6 16 



304 Resolves, 1798. — January Session. 

Dolls. Cts. 

To the Administrator on the Estate of Atherton Thayer 
late sheriff of the County of Norfolk for Returning 
Votes &c 13 80 

225 74 

Aggregate of Roll No. 40. 

Dolls, cts. 

Expense of State Paupers $15921 42 

Do. of Militia 3299 12 

Do. of INIiscellaneous 1603 62J 

Do. of Printing buisness 696 88 

Do. of Sheriflfs 225 74 

$21746 78i 

Read, and thereupon 

Resolved, That there be allowed and paid out of the 
Public Treasury, to the several corporations and persons, 
mentioned in this Roll, the sums set against such corpo- 
rations and persons respectively, amounting, in the whole, 
to [the'] sum of twenty one Thousand seven hundred and 
forty six dollars, and seventy eight cents & [aw] half, the 
same beino; in full discharo;e of the Accounts and demands 
to which they refer. March 1, 1799. 



ACTS 



AND 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS. 



BOSTON : 

Printed by YOUNG & MINNS, 
Printers to the Honorable the General Court of the Commonwealth. 

M,DCC,XCIX. 



Reprinted by Wright & Poiter Printing Company, State Printers. 

1897. 



ACTS AND LAWS, 

PASSED BY THE GENERAL COURT OF MASSACHUSETTS: AT 
THE SESSION BEGUN AND HELD AT BOSTON, IN THE 
COUNTY OF SUFFOLK, ON WEDNESDAY, THE TWENTY- 
NINTH DAY OF MAY, ANNO DOMINI, 1799. 



1799. — Chapter 1. 

[May Session, ch. 1.] 

AN ACT TO SETT OFF A TRACT OF LAND, COMMONLY CALLED 
THE ELBOWS, IN SPRINGFIELD, IN THE COUNTY OF HAMP- 
SHIRE, AND TO ANNEX THE SAME TO THE TOWN OF WILBRA- 
HAM. 

Be it enacted by the Senate and House of Represeyitatives, 
in General Coiirt assembled, and by the Authority of the 
same, That the tract of land belonging to Springfield, com- Boundaries, 
monly called the Elbows, bounded westerly on Chicopee 
River, North and East on the Town of Palmer, & south- 
erly on the town of Wilbraham, with all the Inhabitants 
thereon, be, and hereby is sett off from the town of Spring- 
field, and annexed to the town of Wilbraham, and shall 
forever after be considered as making part of the same. 

Provided nevertheless, That the said lands, with the Taxes. 
Inhabitants thereon, shall be holden to pay all taxes al- 
ready assessed upon them by the town of Springfield, and 
shall also be assessed and taxed by the assessors of said 
town of Springfield in all state Taxes, untill another state 
Valuation shall be taken, in the same manner as if this 
Act had not been passed. Approved June II, 1799. 

1799. — Chapter 3. 

[May Session, ch. 2.] 

AN ACT ALTERING THE NAME OF OLIVER POND, 3d. TO OLIVER N. 

POND. 

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, 



308 Acts, 1799. — Chapters 3, 4. 

Oliver Pond, the third of that uame of Franklin, in the 
Count}'^ of Norfolk, be, and he hereby is authorized and 
allowed to take, use and bear, the name of Oliver N. 
Pond, and by that name be hereafter known and called 
in all processes and records whatever. 

Approved June 14, 1799. 

1799. — Chapter 3. 

[Maj' Session, ch. 3.] 

AN ACT TO CONTINUE IN FORCE FOR CERTAIN PURPOSES, AN 
ACT ENTITLED, "AN ACT FOR RENDERING PROCESSES IN LAW 
LESS EXPENSIVE." 

Be it enacted by the Senate <& House of Mejjresentatives^ 
in General Court assembled, and by the Authority of 
the same, that the said Act be, & the same is hereby re- 
vived & continued in force so far as to authorise the 
several Justices of the Peace within this Commonwealth, 
before ^vhoni processes may have been commenced under 
said law prior to the first day of June instant, to render 
Judgment, issue Execution, and do all such matters and 
things, relating to such processes, as they might have 
done, and in the same manner, as if the said law were yet 
in full force. Approved June 14, 1799. 



Preamble. 



Persons incor- 
porated. 



1799. — Chapter 4. 

[May Session, ch. 5.] 

AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME OF 
THE PRESIDENT, DIRECTORS AND COMPANY OF THE PORT- 
LAND BANK, 

Whereas Josejjh McLellan and others, have, by their 
petition to this Court, set forth that they have subscribed 
to a Fund for the establishment of a Bank in the Town of 
Portland, and have prayed to be incorporated for that pur- 
pose : 

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 Joseph McLellan, 
Hugh McLellan, Lemuel Weeks, Daniel Tucker, James 
Bearing , Ebenezer Mayo, Thomas Sandford, Elias Thomas, 
Isaac McLellan, Isaac Gage, Ezekiel Day, Ebenezer 
Storer, John Mussey, Arthur McLellan, James Neal, Asa 
Clap, William Martin, Euth Jewett, Joseph Ingraham, 



Acts, 1799. — Chapter 4. 309 

Woodbury Storer, William Symmes, Salmon Chase, 
James D. Hopkins, William Codmaa, David Smith, 
Thomas Webster, .Tames Jewett, James Codman, Matthew 
Cobb, Stephen McLellan, Daniel Davis, Kobert Boyd, 
Daniel How, William Hudson, Enoch Ilsley, William 
McNeil, 3d. Samuel Hussey Stevens, Thomas Plovey, 
John Tabor, their Associates, Successors and Assigns, 
shall be, and hereby are created and made a Corporation, 
by the name of the President, Directors and Company of 
the Portland Bank ; and shall so continue, from the first Duration^ 
day of July next until the expiration of twenty years next 
following ; and by that name shall be, and hereby are coiporate 
made capable in Law to sue and be sued, plead and be im- ^"^' ^ 
pleaded, defend and be defended in any Courts of Record 
or any other place whatever ; and also to make, have and 
use a Common Seal, and the same again at pleasure to 
break, alter & renew ; and also to ordain, establish and 
put in execution such bye Laws, Ordinances and regula- 
tions as to them shall appear necessary and convenient, 
for the Government of said Corporation, and the prudent 
management of their affairs. Provided such bye Laws, Proviso. 
Ordinances and Regulations shall in no wise be contrary 
to the Laws and Constitution of this Commonwealth. And 
the said Corporation shall be always subject to the rules, 
restrictions, limitations and provisions herein prescribed. 

Sect. 2. And be it further Enacted, That the Capital Capital. 
Stock of said Corporation shall consist of a sum not less 
than One hundred thousand Dollars, nor more than Three 
hundred thousand in Specie, and shall be divided into 
shares of One-hundred Dollars each ; and the Stock- stockholders to 
holders, at their first meeting, shall, by a Majority of menttu^f'^^' 
votes, determine the amount of the payments to be made «'^*»'^^- 
on each share, and the time when each payment shall be 
made ; also the mode of transferring and disposing of the 
Stock and the profits thereof; which, being entered on the 
books of said Corporation, shall be binding on the Stock- 
holders, their Successors and Assigns : Provided, That no 
Stockholder shall be allowed to borrow at said Bank until 
he shall have paid in his full proportion of the One hun- 
dred Thousand Dollars aforesaid. And said Corporation Real estate. 
are hereby made capable in law, to have, hold, purchase, 
receive, possess, enjoy and retain to them their Success- 
ors and Assigns, Lands, Rents, Tenements & Heredita- 
ments to the amount of Fifteen Thousand Dollars, and no 



310 



Acts, 1799. — Chapter 4. 



ReBtriction as 
to iodebtedDeas. 



Money not to be 
used in trade. 



Tenements, &c. 



Directors and 
Cashier. 



Officers in other 
banks not 
eligible as 
directors. 



Annual meet- 
ing. 



more at any one time, with power to bargain, sell and dis- 
pose of the same lands, tenements and hereditaments, and 
to loan & negociate their monies and effects by discount- 
ing on banking principles on such security as they shall 
think advisable. 

Sect. 3. And be it further Enacted, That the follow- 
ing Rules, Limitations and provisions shall form and be 
the fundamental articles of said Corporation. — First, 
That the said Corporation shall not owe at any one time 
more than twice the amount of their Capital Stock paid in, 
in addition to the simple amount of all monies actually 
deposited in said Bank for safe keeping : And in case of 
any excess, the Directors, under whose administration it, 
shall happen, shall be liable for the same in their private 
capacity ; but this shall not be construed to exempt the 
said Corporation, or any estate, real or personal, which 
they may hold as a Body Corporate, from being also 
liable for and chargeable with such excess. — Second, 
That the said Corporation shall not vest, use or improve 
any of their monies, goods, chattells or efiects in trade or 
commerce, but may sell all kinds of personal pledges 
lodged in their hands by way of security to an amount 
sufficient to reimburse the sum loaned. — Third, That the 
Lands, Tenements & Hereditaments which said Cor})oia- 
tion shall hold, shall be only such as shall be requisite for 
the convenient transaction of its business. Fourth. None 
but a Member of said Cor[)oration, being a Citizen of 
this Commonwealth, and resident therein, shall be eligible 
for a Director or Cashier ; and the Directors shall choose n 
one of their own Number to act as President. And the 
Cashier, before he enters on the duties of his office, shall 
give bond, with two sureties, to the satisfaction of the 
Board of Directors, in a sum not less than Fifteen Thou- 
sand Dollars, with condition for the faithful discharge of 
the duties of his office. Fifth. No Director of any other 
Bank shall be elio^ible to the office of a Director of this 
Bank, although he may be a Stockholder herein ; and any 
Director accepting an office in any other Bank, shall be 
deemed to have vacated his place in this Bank. Sixth. 
That for the well ordering of the affairs of the said Corpo- 
ration, a meeting of the Stockholders shall be held, at 
such place as they shall direct, on the first Monday in 
January, annually, and at any other time during the con- 
tinuance of said Corporation, at such place as shall be 



Acts, 1799. — Chapter 4. 311 

appointed by the President and Directors for the time be- 
ing, by public notification being given one week previous, 
at which annual meeting there shall be chosen by Balh)t, 
seven Directors to continue in office the year ensuing their 
election; and the number of votes to which each Stock- Right of voting. 
holder shall be entitled, shall ])e according to the number 
of shares he shall hold, in the following proportions ; that 
is to say, for one share one vote, and every two shares 
above one, shall give a right to one vote more. Provided, 
That no one Member shall have more than ten votes, & 
absent members shall vote by proxy authorized in writing. 
Seventh. No Director shall be entitled to any emolument President to be 
for his services ; but the Stockholders may make the ^*' ' 
President such compensation as to them shall appear 
reasonable. Einlith. — Not less than four Directors shall B?aidof 

T-» "^ 1 /» 1 • /» 1 • c I*i''ectorB. 

constitute a Board for the transaction of business, of 
whom the President shall always be one, except in case 
of sickness or necessary absence ; in which case the Direc- 
tors present may choose a Chairman for the time being in 
his stead. Ninth. All Bills issued from the Bank afore- Bank BiUs. 
said and signed by the President, shall be binding on said 
Corporation ; but it shall not be lawful for them to issue 
any Bills of a less denomination than Five Dollars. 
Tenth. The Directors shall make half yearly dividends of Dividends. 
all the profits, rents, premiums & interests of the Bank 
aforesaid. Eleventh. The Directors shall have power to 
appoint a Cashier, CUerks, & such Ofiicers for carrying on 
the Inisiness of the Bank, with such salaries, as to them 
shall seem meet. 

Sect. 4. And he it further Enacted, That the said 
Bank shall be kept & established in the Town of Portland 
aforesaid. 

And Whereas it is repugnant to the principles of a free 
Government, that the property of any of its ('itizens 
should be placed out of the reach of any of their just 
Creditors : 

Sect. 5. Be it further Enacted, That the property of ^J'^^'dlbt'''^'^ 
every Individual Member of said Corporation, vested in 
said Corporate Funds, shall l)e liable to attachment and to 
the payment and satisfaction of his just debts to any of 
his hona fide Creditors, in manner following, namely, in 
addition to the summons by Law prescribed to be left 
with the Debtor, a like summons shall be left with the 
Cashier of said Bank ; and the Debtors share or shares in 



312 Acts, 1799. — Chapter 4. 

the Corporate funds, together with the interest, rents and 
profits due or growing thereon, shall thereby be held to 
respond said suit according to Law. And all Transfers 
of the Debtors shares in the said Corporate funds not 
noted in the Bank Books, previous to the delivery of such 
summons, shall be barred thereby, and execution may be 
levied on the property of any Stockholder in said Bank, 
and his shares therein exposed to sale in the same man- 
ner as is by Law provided where personal estate is taken 
by execution : and it shall be the duty of the officer who 
extends such execution, to leave an attested Copy thereof 
with his doings thereon with the Cashier of the said Bank ; 
and the purchaser shall thereon be entitled to the recep- 
tion of all Dividends and Stock, & to the same privileges 
as a Member of said Corporation, that the Debtor was 
previously entitled to ; and upon any attachment being 
made, or execution being levied on any share in said 
Bank, it shall be the duty of the Cashier of said Bank, to 
expose the Books of said Corporation to the Officer, so 
far as respects the numl^er of shares said Debtor may 
own ; and to furnish him with a Certificate under his 
hand in his oflScial Capacity, ascertaining the number of 
shares the Debtor holds in said Bank, and the amount of 
the Dividend due thereon. 

Legislative Sect. 6. Aiicl be it furtJiev Enacted, That any Com- 

Cns"™!, book"f ^ mittee specially appointed by the Legislature for the pur- 
pose, shall have a right to examine into the doings of the 
said Corporation, and shall have free access to all their 

ciiarter may be books ; and if upou sucli examination it shall be found, 
and after a full hearing of said Corporation thereon, be 
determined by the Legislature, that said Cor})oration 
have exceeded the powers herein granted them, or failed 
to comply with any of the rules, restrictions & conditions 
in this Act provided, their Incorporation shall thereupon 
be declared forfeited and void. 

First meeting. Sect. 7. And he it further Enacted, That the persons 
herein before named, or any three of them, are authorized 
to call a Meeting of the Members and Stockholders of said 
Corporation, as soon as may be, at such time & place as 
they may see fit, in Portland, 1\y advertizing the same for 
three weeks successively in the Oriental Trumpet printed 
there, for the purpose of making, ordaining and estal)lish- 
ing such Bye Laws, Ordinances & liegulations, for the 
orderly conducting of the affairs of said Corporation, as 



state lucuts. 



Acts, 1799. — Chapter 5. 313 

the said Stockholders shall deem necessary, and for the 
choice of the first Boai'd of Directors, and such other 
Officers as they shall see fit to choose. 

Sect. 8. And be it furl Iter Enacted, hy the authority 
aforesaid. That it shall be the duty of the Directors of the Annual 
said Bank to transmit to the Governor & Council of this 
Commonwealth, for the time being, once in twelve months, 
at least, and as much oftener as they may require, accu- 
rate and just statements of the amount of the Capital Stock 
of said Corporation, and of debts due to the same, of the 
monies deposited therein, of the Notes in circulation, and 
of the Cash on hand, which Statements shall be signed by 
the Directors and attested by the Cashier. 

Approved June 15, 1799. 



1799. — Chapter 5. 

[May Session, ch. 4.] 

AN ACT TO ENABLE THE PROPrvIETORS OF A CERTAIN PEICE OF 
SALT MARSH, SITUATE IN THE TOWN OF IPSWICH, IN THE 
COUNTY OF ESSEX, TO MAKE AND MAINTAIN A DIKE FOR THE 
BETTER IMPROVING THE SAME. 

Whereas Nathaniel Wells, Asa Smith, Joshua Smith, Boundaries. 
Stephen Choate, John Choate, Anstice Cogswell and 
Jonathan Potter, proprietors of Salt Marsh in Ipswich, 
containing about sixty acres, lying within the line here- 
after described, (Viz.), Begining at Hovey's Island (so 
called) from thence runing by said Island Southerly to 
land of Joshua & Asa Smith, And by said Smith's land 
southerly, w^esterly and northerly to land of the Heirs of 
Francis Cogswell deceased, and by said Cogswell's land 
Westerly thence Northerly across said Cogswell's Marsh, 
to and across Marsh of the Honble. Stephen Choate, 
Esqr. to said Choate's farm, thence Easterly by said Farm 
to the bounds first mentioned ; having requested the Gen- 
eral Court to Authorize them to make a Dike, for the pur- 
pose of preventing its being flowed by Salt Water, And 
it appearing to this ('ourt that improv[e]ments might 
thereby be made in said Marsh to the benefit of the pro- 
prietors, as well as the PuWic : 

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 the said Nathaniel P|.'^^ ^"'*'°'' 
Wells and others, proprietors of the Marsh Aforesaid, 



314 



Acts, 1799. — Chapter 5. 



Money to be 
raised. 



Meetings. 



Neglect to pay 
assessment. 



Delinquent's 
property may 
be sold. 



Right of 
redemption. 



their heirs & assigns, be, and they are hereby allowed, 
and empowered to raise, by an Assessment or Tax to be 
made and levied on all the Proprietors of said Marsh, 
lying within the Dike to be made as aforesaid, According 
to the interest they severally have therein, such sum or 
sums for defraying the charges of making and maintaining 
said Dike, as shall be agreed upon by the said proprie- 
tors, their heirs and assigns, or the INIajor part of such of 
them as shall be assembled at any legal Meeting to be 
called for that purpose ; the Meetings of the said proprie- 
tors to be called and conducted in the same manner, as 
those of common Lands, prescribed by an Act jiassed the 
tenth day of March, in the year one thousand seven hun- 
dred & eighty four, relating to lands, Wharves, & other 
real Estate, undivided, and l3'ing in common, and the said 
proprietors are hereby Authorized and empowered to 
choose all such Officers, as may be necessary for manag- 
ing the business aforesaid, in the same manner as proprie- 
tors of common lands are by Law empowered to choose 
officers at their legal Meetings. i 

Sect. 2d. And be it further enacted. That if any pro- 
prietors of the said Marsh shall Neglect or refuse to pay 
the sum or sums of money duly assessed on him therefor, 
for the space of six months, after such money shall have 
been granted, and for the space of one month after his 
Assessment shall have been shewn him, or a Copy thereof 
left at his Usual place of Abode, then the said proprietors 
for the purpose of Collecting the monies in such Assess- 
ment, are hereby fully empowered, from time to time, at 
Public Vendue, to Sell and convey so much of such delin- 
quent proprietors part of said Marsh, as will be sufficient 
to pay and satisfy, the sum or sums assessed upon such 
delinquent proprietors as aforesaid, and all reasonable 
charges attending such Sale, to an}^ person that will give 
the most for the same. Notice of such vSale And of the 
time & place thereof, being given, by posting an adver- 
tisement thereof in some public place in the Town of 
Ipswich six weeks before the time of such sale ; And the 
said proprietors may, by their Clerk, or a Committee 
chosen for that purpose, execute a Good Deed or Deeds 
of conveyance of the part of the said Marsh so sold, unto 
the purchaser thereof to hold in fee simple. Provided 
nevertlieles,^^ That the Proprietor or Proprietors, whose 
part or share shall be sold as aforesaid, shall have liberty 



Acts, 1799. — Chapter 6. 315 

to redeem the same at any time within one year after such 
Sale, by paying the sum such part or share sold for, and 
charges, together with the sum of Six Dolhirs for every 
hundred Dollars produced by such Sale, and so in pro- 
portion for a greater or less sum. 

Sect. 3. And be it further enacted. That the said pro- Proprietors 
prietors, hereby are empowered to Order and Manage all ^" 
affairs relative to the makino: and maintainino; of the Dike 
aforesaid, in such way and manner, as shall be concluded 
and agreed on, by the major part of those who are therein 
interested, present at a legal Meeting ; the Votes to be 
collected according to the Interest of the said Proprietors. 

Approved June 15, 1799. 



1799. — Chapter 6. 

[May Session, ch. 7.] 

AN ACT TO INCORPORATE WILLIAM BARTLETT AND OTHERS 
INTO A COMPANY BY THE NAME OF THE NEWBURY-PORT 
MARINE INSURANCE COMPANY. 

Sec. 1. Be it Enacted by the Senate & House of Rep- 
resentatives, in General Court assembled, & by the au- 
thority/ of the same, That the said William Bartlett & corporate 
others, and all such persons as have already, or hereafter 
shall, become Stockholders in said Company, being Citi- 
zens of the United States, be, and hereby are incorporated 
into a Company & Body Politic, by the name of the New- 
bury-Port Marine Insurance Company, for and during the Privileges, &c. 
term of Twenty Years after the passing of this Act ; and 
by that name may sue or be sued, plead or be impleaded, 
appear, prosecute and defend to final Judgment and Exe- 
cution, and have a Common Seal, which they may alter 
at pleasure, and may purchase, hold and convey any Es- 
tate, real or personal, for the use of said Company, sub- 
ject to the restrictions hereinafter mentioned. 

Sec 2. And be it further Enacted by the authority 
aforesaid, That a Share in the Capital Stock of the said shares. 
Company shall be Five hundred Dollars, and the number 
of shares shall not be less than Two hundred nor more 
than Eight hundred. And if the said number of shares 
are not already filled, Subscriptions shall be kept open, 
under Inspection of the President and Directors of the 
said Company, untill the same shall be filled. And the capital. 



316 



Acts, 1799. — Chapter 6. 



Directors. 



President. 



whole Capital Stock, Estate or property, which the said 
Company shall be authorized to hold, shall never exceed 
Four Hundred Thousand Dollars^, exclusive of Premium 
Notes or Profits arising from said l)usiness, of which Cap- 
ital Stock or Property Fifteen Thousand Dollars only 
shall be invested in Real Estate. 

Sec. 3. And be it further Enacted, That the Stock, 
Property, Affairs and Concerns of the said Company shall 
be managed and conducted by twelve Directors, one of 
whom shall be the President thereof, who shall hold their 
offices for one year, and until a new choice be made, and 
no longer; which Directors shall, at the time of their 
election, be Stockholders and Citizens of this Common- 
wealth, and shall be elected on the first Monday in Janu- 
ary in each and every year, at such times of the day, & at 
such place, in the Town of Newbury Port, as the Direc- 
tors, for the time being, shall appoint ; of which election 
public notice shall be given in the Newspaper or News- 
papers printed in the Town of Newbury Port and in one 
of the Newspapers printed in the Town of Boston, and 
continued for the space of ten days immediately preceding 
such election. And such election shall be holden under 
the inspection of three Stockholders, not being Directors, 
to be appointed previous to every election by the Direc- 
tors, and shall be made by Ballot, by a majority of votes 
of the Stockholders present, allowing one vote to each 
share in the Capital Stock ; provided that no Stockholder 
shall be allowed more than ten votes. And the Stock- 
holders not present, may vote by proxy, under such reg- 
ulations as the said Company, shall prescribe ; and if, by 
reason of any unavoidable accident, the said Directors 
should not be chosen on the first Monday of January, as 
aforesaid, it shall be lawful to choose them on another day 
in manner herein prescribed. 

Sec. 4. And be it further Enacted, That the Directors 
so chosen, shall meet as soon as may be after every elec- 
tion, and shall choose out of their Body one Person to be 
President, who shall preside for one year, and be sworn 
faithfully to discharge the duties of his Office ; and in case 
of the death or resignation of the President or any Direc- 
tor, or of his or their inability to serve, such vacancy or 
vacancies shall be filled, for the remainder of the year in 
which they may happen, by a special election for that pur- 
pose, to be holden in the same manner as is herein before 



Acts, 1799. — Chapter 6. 317 

directed respecting annual Elections for Directors and 
President. 

Sec. 5. And be it further Enacted, That the Presi- Board of 

-r-y. /• 1 -r^• • Difectors. 

dent and six of the Du'ectors, or seven or the Directors in 
the absence of the President, shall be a Board competent 
for the transaction of business, and all questions before 
them shall be decided hy a majority of votes ; and they shall 
have power to make and prescribe such Bye Laws, Rules 
and Regulations, as to them shall appear needful and 
proper, touching the management and disposition of the 
Stock, Property, Estate and Eftects of said Company, and 
the Transfer of Shares, and touching the duties and con- 
duct of the several Officers, Clerks & Servants employed, 
and the election of Directors and all such matters as ap- 
pertain to the business of Insurance ; and shall also have secretary, &c. 
power to appoint a Secretary and so many Clerks and 
servants, for carrying on the said business, and with such 
salaries and allowances to them & to the President, as to 
the said Board shall seem meet : Provided, That such Bye- ProviBo. 
Laws, Rules and Regulations shall not be repugnant to 
the Constitution or Laws of this Commonwealth. 

Sec. 6. And be it further Enacted, That there shall Directors 

1 . 1 -h r • ^ ii T-v' J J 1 • authorized to 

be stated Meetings of the Directors, at least once in every make insurance. 
Month, and as often within each Month as the President 
and I^oard of Directors shall deem proper ; and the Presi- 
dent; and a Committee of three of the Directors, to be by 
him appointed, in rotation, shall assemble daily, if need 
be, for the dispatch of business ; & the said Board of 
Directors, and the Committee aforesaid, at and during the 
pleasure of said Board, shall have power and authority, 
on behalf of the Company, to make Insurance upon Ves- 
sels, Goods, Effects & Freight, and against Captivity of 
Persons, and on the life of any Person or Persons during 
his or their absence by Sea, and in cases of money lent 
upon Bottomry and Respondentia, and to fix the Pre- 
miums and terms of Payment. And all Policies of Insur- signing of 
ance by them made, shall be subscribed by the President, p°*"®*' 
or in case of his death, sickness, inability or absence, by 
any two of the Directors, and countersigned by the Secre- 
tary, and shall be binding and obligatory upon the said 
Company, and have the like eflect and force as if under 
the Seal of said Company ; and the assured may there- 
upon maintain an Action upon the case against the said 
Company ; and all Losses, duly arising under any Policy 



318 



Acts, 1799. — Chapter 6. 



Dividends. 



Capital to he 
liept good. 



Triennial state- 
ment to be 
made to tlie 
atocklioldcrs. 



Company not to 
trade. 



Investment of 
capital. 



Period in 
which shares 
are to be paid 
for. 



SO subscribed, may be adjusted and settled by the Presi- 
dent and Board of Directors, and the same shall be bind- 
ing on the Company. 

Sec. 7. And be it further Enacted, That it shall be 
the duty of the Directors, on the second Monday of June 
and December in every Year, to make Dividends of so 
much of the interest arising from their Capital Stock and 
the profits of the said Company as to them shall appear 
adviseable ; but the Monies received and Notes taken for 
Premiums on Risques, which shall be undetermined & out- 
standing at the time of making such Dividends, shall not 
be considered as part of the profits of the Company. And 
in case of any Loss or Losses, whereby the Capital Stock 
of the Company shall be lessened, each Proprietor or 
Stockholder's estate shall be held accountable for the de- 
ficiency that may be due on his share or shares at the 
time of said Loss or Losses taking place, to be paid in 
to the said Company by Assessments, or such other mode 
at such time or times as the Directors shall order ; and no 
subsequent Dividend shall be made until a sum equal to 
such diminution shall have been added to the Capital : and 
that once in every three years, and oftener, if required, 
by a majority of the Votes of the Stockholders, the Direc- 
tors shall lay before the Stockholders, at a general Meet- 
ing, an exact and particular Statement of the profits, if 
any there be, after deducting Losses and Dividends." 

Sec. 8, And be it further Enacted, That the said 
Company shall not directly nor indirectly deal or trade 
in buying or selling any Goods, Wares, Merchandizes or 
Commodities whatsoever. And the Capital Stock of said 
Company after being collected at each Instalment, shall be 
invested either in the Funded Debt of the United States, 
or of this Commonwealth, or in the Stock of the United 
States Bank, or of any Incorporated Bank in this Com- 
monwealth, in either or all of them, and in such propor- 
tions as may be most for the Interest of said Company, 
at the discretion of the President and Directors of said 
Company, or of such other person or persons as said 
Stockholders shall for such purpose, at any meeting, 
appoint. 

Sec. 9. And be it further Enacted, That One Hun- 
dred & Fifty Dollars on each share in said Company, 
shall be paid within twenty days after the first Meeting of 
said Company, and the remaining sum due on each share, 



Acts, 1799. — Chapter 6. 319 

within one Year after said Meeting, at such equal Instal- 
ments, and under such penalties, as the said Company 
shall direct. And no Transfer of any Share in said Com- 
pany, shall be permitted, or be valid, untill all the Instal- 
ments on such share shall have been paid. 

Sec. 10. And be it further Enacted That no person, Members of 
being, either singly or as a partner with one or more per- nies notTu^'bie 
sons, a Member of any other Company carrying on the asdirectora. 
Business of Marine Insurance in said Newbury-Port, shall 
be eligible as a Director of the Company by this Act es- 
tablished. 

Sec. 11. And he it further Enacted by the authority 
aforesaid, That the property of any Member of said Com- shares uabie 
pany, vested in the Stock of said Company, shall be liable 
to attachment and to the payment and satisfaction of his • 
just Debts to any of his bona fide Creditors, in manner 
following, viz. In addition to the Summons, by Law 
prescribed to be left with the Defendant, a like Summons 
shall be left with the Secretary of said Company ; and the 
Debtor's share in the said Company's Funds, together with 
the Interest & profits due or growing due thereon, or so 
much thereof as shall be sufficient, shall thereby be held 
to respond the Judgment which may be recovered in said 
Suit according^ to Law. And all Transfers of the Debtors process. 
shares, not noted in the Books of the Company previous 
to the delivery of such Summons, shall be barred thereby ; 
and execution may be levied upon the property of any 
Stockholder in said Company and his share or shares 
therein, exposed to sale in the same manner as is by Law 
prescribed where personal estate is taken in Execution. 
And it shall be the duty of the Officer who extends such 
execution, to leave an attested Copy thereof, with his 
doings thereon, with the Secretary of said Company ; and 
the Purchaser shall thereupon l)e entitled to the said 
debtor's share or shares in said Stock, and the Reception 
of all Dividends and Profits which the Debtor was pre- 
viously entitled to ; and upon any attachment being made secretary to 
or execution levied on any shares in said Company, it * ^^ 
shall be the duty of the Secretary of said Company to ex- 
pose the books of the Company to the Officer, and to fur- 
nish him with a Certificate under his hand, in his official 
Capacity, ascertaining the number of shares the Debtor 
holds in said Company, and the amount of the Divi- 
dends thereon due. 



320 



Acts, 1799. — Chapter 7. 



President's and 
Directors* 
Kst.ites liable 
in certain case. 



Amount of 
stock, &c. to 
be advertised. 



Statement to be 
made to the 
legislature. 



First meeting. 



Sec. 12. A7id be it further Enacted, That in case any 
Loss or losses shall take place, which shall be equal to the 
amount of the Capital Stock of the said Company, and the 
President or Directors, after knowing such loss or losses, 
shall subscribe to any policy of Insurance, their estates, 
jointly and severally, shall be accountable for the amount 
of any and every loss that shall take place under Policies 
thus subscribed. 

Sec. 13. And he it further Enacted, That the Presi- 
dent and Directors of said Company, shall, previous to 
their subscribing any Policy, & once in every Year after, 
publish in the Newspaper or Newspapers printed in said 
Town of Xewbury Port, and in one of the Boston New^s- 
papers, the amount of their Stock, against what Risques 
they mean to insure, and the largest sum they mean to 
take on any one Risque. 

Sec. 14. And be it further Enacted that the President 
and Directors of said Company, shall, when and as often 
as required by the Legislature of this Commonwealth, lay 
before them a Statement of the aflairs of said Company, 
and submit to an examination concerning the same under 
Oath. 

Sec. 15. And be it further Enacted, That William 
Bartlett, Ebenezer Stocker and Richard Pike, or any two 
of them, are hereby authorized to call a Meeting of the 
Members of said Company, as soon as may be, in New- 
bury Port, by advertizing the same for three weeks suc- 
cessively in the Newspaper or Newspapers printed in said 
Newbury Port, and in one of the Boston Newspapers, for 
the purpose of their electing a first Board of Directors, 
who shall continue in office untill the first Monday in 
January, one thousand & eight hundred. 

Approved June 18, 1799. 



1799.— Chapter 7. 

[May Session, oh. 6.] 

AN ACT AUTHORIZING THE COURTS OF GENERAL SESSIONS OF 
THE PEACE, TO LIBERATE POOR CONVICTS FROM PRISON, AND 
TO DISPOSE OF THEM IN SERVICE FOR PAYMENT OF COSTS OF 
PROSECUTION. 

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



Acts, 1799. — Chapter 8. 321 

the same. That where there has been any person convicted hrvJbeeiTc^on- 
for any crime, either in tlie Supreme Judicial Court, or fined three 

</ ' 1 111 months for costs 

any Court of General Sessions of the Peace, who has been may be dis- 
imprisoned three months for costs of prosecution onl}^, the service. 
Court of General Sessions of the Peace for the County 
where the person has been imprisoned, may order the 
Sheriff to dispose of such Convict in service to any person 
whomsoever, for a term not exceeding two years, for pay- 
ment of the costs for which he has been imprisoned, as 
aforesaid ; and if such disposal cannot be made, the same 
Court may order the Sheriff to lil^erate such Convict on 
such terms or on such conditions as they may think most 
beneficial to the Commonwealth and County. And the 
said Courts of General Sessions of the Peace may, at 
any Session hereafter, on motion as aforesaid, order the 
Sheriff of their respective Counties to liberate any Con- 
vict in such County, in manner as aforesaid, after his hav- 
ing been imprissoned three months for costs as aforesaid. 
Provided nevertheless. That the consent of all Convicts consent of con- 

., . . c ^ • K victs to be first 

imprisoned as aforesaid, prior to the passing of this Act, obtained. 
shall be first had for such sale or disposal. And where 
the costs aforesaid are not obtained by means of the libera- 
tion, they shall be paid as is provided by Law for the pay- 
ment of costs, where there is no conviction. And the 
several Sheriffs are hereby required duly to execute the 
aforesaid orders, and to make return of their doings 
therein to the respective Courts. 

Approved June 18, 1799. 

1799. — Chapter 8. 

[May Session, ch. 8.] 

AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME OF 
THE PRESIDENT, DIRECTORS AND COMPANY OF THE ESSEX 
BANK. 

Sect. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled & by the 
Authority of the same, That William Gray junr., George persons 
Dodge, Jacob Ashton, John Norris, William Orne, & incorporated. 
Joseph White & their Associates, partners in the Com- 
pany now known by the name of the President, Directors 
and Company of the Essex Bank, their successors & 
assigns, shall be & hereby are created & made a Corpora- 
tion, by the name of the President, Directors and Com- 



322 



Acts, 1799. — Chapter 8. 



Limitation. 



Bye-Law8, &c. 
authorized. 



Capital. 



Shares. 



Delinquent 
stockholders 
not allowed to 
borrow. 

Real estate may 
be held. 



Proviso. 



pany of the Essex Bank, and shall so continue from the 
first day of July next, untill the expiration of twenty 
years next following ; and by that name shall be & hereby 
are made capable in law, to sue & be sued, plead & be 
impleaded, defend & be defended, in any Courts of Record 
or any other place whatever ; & also to make, have & use 
a common seal, & the same again at pleasure to break, 
alter, & renew; & also to ordain, establish, & put in 
execution, such bye-laws, ordinances & regulations, as to 
them shall appear necessary and convenient for the Gov- 
ernment of said Corporation, and the prudent manage- 
ment of their affairs ; provided such bye-laws, ordinances, 
& regulations, shall in nowise be contrary to the laws & 
constitution of this Commonwealth ; & the said Corpo- 
ration shall be alwa^^s subject to the Kules, restrictions, 
limitations, and provisions herein prescribed. 

Sect. 2. And be it further enacted^ that the Capital 
Stock of said Corporation shall consist of a Sum not less 
than One hundred thousand dollars, nor more than four 
hundred thousand dollars, in specie, and shall be divided 
into shares of five hundred dollars each ; And the stock- 
holders at their first meeting shall by a Majority of Votes 
determine the Amount of the payments to be made on 
each share, and the time when the same shall be made ; 
also the mode of transferring and disposing of the Stock 
and profits thereof; which being entered in the books of 
said Corporation shall be binding on the Stockholders, 
their successors and assigns ; provided that no Stockholder 
shall be allowed to borrow at said Bank untill he shall 
have paid in his full proportion of said One hundred 
thousand dollars, at least. And said Corporation are 
hereby made capable in law to have, hold, purchase, and 
receive, possess, enjoy, and retain, to them, their success- 
ors and assigns, lands, rents, tenements, and heredita- 
ments to the amount of twenty thousand dollars and no 
more, at any one time, with power to bargain, sell, and 
dispose of, the same lands, tenements, and hereditaments, 
and to loan and negociate their monies and effects, by 
discounting on banking principles, on such Security as 
they shall think advisable. Provided however, that noth- 
ing herein contained shall restrain or prevent said Corpo- 
ration from taking and holding real Estate in Mortgage to 
any amount, as collateral security for the payment of any 
debt due to said Corporation. 



Acts, 1799. — Chapter 8. 323 

Sect. 3. And be it further enacted, That the following 
rules limitations, and provisions shall form and be the 
fundamental Articles of said Corporation. 

J^irst — that the said Corporation shall not issue and indebtedness 
have in circulation, at any one time, Bills, notes, or obli- 
gations, to a greater amount than twice their stock ac- 
tually paid in, in addition to the simple amount of all the 
monies deposited in said Bank for safe keeping ; and in 
case of any excess, the Directors, mider whose Adminis- 
tration it may happen, shall be liable for the payment of 
the same in their private Capacity ; but this shall not be 
construed to exempt said Corporation, or any Estate real 
or personal which they may hold as a body corporate, 
from being also liable for, and chargeable with, such 
excess. 

/S'eco7i(Z That the said Corporation shall not vest, use, company not 
or improve, any of their monies, goods. Chattels, or 
effects, in trade or commerce ; but may Sell all kinds of 
personal pledges lodged in their hands, by way of security, 
to an amount, sufficient to reimburse the sum loaned. 

Third, that the lands tenements and hereditaments Real Estate, 
which said Corporation shall hold, shall be only such as 
shall be requisite for the convenient transaction of its 
business. 

Fourth none but a member of said Corporation being a Directors. 
Citizen of this Commonwealth & resident therein, shall be 
eligible for a Director ; & the Directors shall choose one president. 
of their own number to act as President. The Cashier cashier. 
before he enters on the duties of his Office, shall give 
bond, with two sureties to the satisfaction of the Board 
of Directors, in a sum not less than ten thousand Dollars, 
with condition for the faithfull discharge of the duties of 
his office. 

Fifth, No director of any other Bank shall be eligible officers of other 
to the Office of Director of this Bank, although he may be bfe^as^ci'recto^rs. 
a Stockholder herein ; & any director accepting an office 
in any other Bank shall be deemed to have vacated his 
place in this Bank. 

Sixth, That for the well ordering of the affiiirs of said Annual meeting 
Corporation, a meeting of the Stockholders shall be held, 
at such place as they shall direct, on the first Monday in 
June annually, & at any other time during the continuance 
of said Corporation at such place as shall be appointed by 
the President & Directors for the time being by public 



324 



Acts, 1799. — Chapter 8. 



President to be 
compeneated. 



Board of 
Directors 



Directors to be notification given, one week previous thereto; at which 
annual meeting there shall be chosen by ballot seven 
Directors to continue in Office the year ensuing their elec- 
tion ; & the number of votes to which each Stockholder 
shall be entitled, shall be according to the number of 
Shares he shall hold, in the following proportions, that is 
Right of voting, to say, — for one share, one vote & every two shares above 
one shall give a right to one Vote move, provided no one 
member shall have more than ten Votes ; and absent mem- 
. bers ma}^ vote by proxy, being authorized in writing. 

Seventh No Director shall be entitled to any emolument 
for his services, but the Stockholders may make the Presi- 
dent such compensation as to them shall appear reason- 
able. 

J^igJdh Xot less than four Directors shall constitute a 
board for the transaction of business, of whom the Presi- 
dent shall always be one, except in case of sickness or 
necessary absence, in which case the Directors present 
may choose a Chairman for the time being in his stead. 

JSfinth. All Bills issued from the Bank aforesaid, and 
signed by the President shall be binding on said Corpo- 
ration, but it shall not be lawfull for them to issue any 
bills of a less denomination th[e][ff]n five dollars. 

Tenth, The Directors shall make half yearly dividends 
of all the profits, rents, premiums, & interest of the Bank 
aforesaid. 

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

Sect. 4. And he it further enacted. That the said 
Bank shall be established & kept in the Town of Salem 
aforesaid. 

And whereas it is repugnant to the principles of a free 
Government, that the property of any of its citizens 
should be placed out of the reach of any of their just 
Creditors. 

Sect. 5. Be it further enacted. That the Property of 
every individual Member of said Corporation vested in 
said Corporate funds shall be liable to attachment, & to 
the payment & satisfaction of his just debts to any of his 
bona fide creditors, in manner following, namely, in addi- 
tion to the Summons by law prescribed, to be left with 
the debtor, a like Summons shall be left with the Cashier 



Dividends. 



Officers. 



Shares liable 
for debt. 



Process. 



Acts, 1799. — Chapter 8. 325 

of said Bank, and the debtors share or shares in the cor- 
porate funds, together with the Interest, rents, and profits, 
due, or growing due thereon, shall thereb}^ be held to re- 
spond said suit according to law ; and all transfers of the 
Debtors Shares in the said Corporate funds, not noted in 
the Bank books previously to the delivery of such Sum- 
mons shall be barred there by ; and execution may be 
levied on the property of any Stockholder in said Bank, 
& his shares therein exposed to Sale, in the same manner 
as is by law provided, where personal estate is taken in 
execution ; and it shall be the duty of the Officer who ex- 
tends such execution to leave an attested Copy thereof, 
with his doings thereon, with the Cashier of said Bank; 
and the purchaser shall thereon be entitled to the recep- 
tion of all dividends and stock, and to the same privilege 
as a member of said Corporation, that the debtor was 
previously entitled to ; and upon any attachment being 
made, or execution levied on any share in said Bank it 
shall be the duty of the Cashier of said Bank, to expose 
the Books of said Corporation, to the Officer, so far as re- 
spects the number of shares said debtor may own ; and to 
furnish him with a certificate under his hand, in his official 
capacity, ascertaining the number of shares the debtor 
holds in said Bank, and the amount of the dividend thereon 
due. 

Sect. 6. And be it further enacted, that any com- Legislative 
mittee, specially appointed by the Legislature for the haveTccess^to^ 
purpose, shall have a right to examine into the doings of ^^°^^- 
said Corporation, & shall have free access to all their 
Books, & if upon such examination, it shall be found, & ^l^'^^^l°^ 
after a full hearing of said Corporation thereon, be deter- solved. 
mined by the Legislature that said Corporation have ex- 
ceeded the powers herein granted them, or tailed to comply 
with any of the rules, restrictions, &, conditions, in this 
Act provided, their incorporation shall thereupon be de- 
clared forfeited & void. 

Sect. 7. And be it further enacted, That the persons First meeting. 
herein before named, or any three of them, are authorized 
to call a meeting of the members & Stockholders of said 
Corporation, as soon as may be, at such time & Place as 
they may see fit, by advertizing the same for three weeks 
successively in the Salem Gazette, for the purpose of 
making, ordaining & establishing such bye-Laws, ordi- 
nances & regulations, for the orderl}^ conducting the affairs 



326 



Acts, 1799. — Chapter 9. 



Annual etate- 
ment directed. 



of said Corporation, as the said Stockholders shall deem 
necessary, & for the clioice of the first board of Direc- 
tors, & such other Officers as they shall see fit to choose. 
Sect. 8. And be it furthey- enacted, That it shall be 
the duty of the Directors of said Bank to transmit to the 
Governor & Council of this Commonwealth for the time 
being, once in twelve months, at least, & as much oftner 
as they may require accurate & just Statements of the 
amount of the Capital Stock of said Corporation & of 
debts due to the same, of the monies deposited therein ; 
of the notes in circulation, & of the cash on hand, which 
statements shall be signed by the directors, & attested by 
the Cashier. Approved June 18, 1799. 



Reeidents of 
Tyrineham or 
New Marl- 
borough may 
join Society. 



Mode of leaving 
Society. 



1799. — Chapter 9. 

[May Session, eh. 10.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO INCOR- 
PORATE A NUMBER OF INHABITANTS IN THE COUNTY OF 
BERKSHIRE INTO A RELIGIOUS SOCIETY BY THE NAME OF 
THE FIRST BAPTIST SOCIETY IN THE TOWN OF SANDISFIELD." 

Sect. 1. Be it enacted by the Senate & House of 
Representatives in General Court Assembled <& by the 
Authority of the same, — That if any person belonging to 
either of the Towns of Sandisfield, Tyringham, or New 
Marlborough, in the County of Berkshire, being of the 
Baptist denomination, shall unite in Religious Worship 
with said Society, & shall leave a certificate signed by the 
Minister, or Clerk thereof, with the Clerk of the Religious 
Society to which he belongs, fourteen days previous to the 
annual meeting of said Religious Society to be holden in 
the months of March or April that he has actually become 
a Member of, & united with said Baptist Society, such 
person shall, from & after giving such certificate, be con- 
sidered, together with his polls & Estate as belonging to 
said Baptist Society ; provided hoivever, that such person 
shall pay his proportion of all monies that shall have been 
previously voted in the Society to which he belongs. 

Sect. 2. Be it further enacted^ that when any person 
belonging to said Baptist Society, shall see cause to leave 
the same & unite with any other Religious Society, & 
shall leave with the Clerk of said Baptist Society a cer- 
tificate of the same, signed by the Minister or Clerk of 
the Parish, or other incorporated Religious Society with 



Acts, 1799. — Chapter 10. 327 

which he has united, fourteen days previous to the Annual 
Meeting of said Baptist Society in the months of March 
or April, & shall pay his proportion of all Monies that 
shall have been previously voted therein, shall be con- 
sidered, together with his Polls & Estate, as belonging to 
the Society to which he has so United. 

Approved June 20, 1799. 

1799. — Chapter 10. 

[May Beseion, ch. 9.] 

AN ACT TO EMPOWER THE TOWN OF BOSTON TO CHOOSE A 
BOARD OF HEALTH, AND FOR REMOVING AND PREVENTING 

NUISANCES. 

Sec. 1. Be it Enacted hy the Senate & House of 
Representatives in General Court assembled and hy the 
authority of the same, That the Freeholders and other In- Members to be 
habitants of the Town of Boston, qualified to vote for nnairy.*"' 
Town Officers, shall on the first Wednesday of April an- 
nually, meet in their respective Wards at such time and 
place as may be appointed by the present & succeeding 
Boards of Health of said Town, & published in two of the 
Newspapers printed in said Town, seven days previously 
to the time of Meeting, and choose one able and discreet 
person, who shall be a Freeholder & Resident within the 
Ward for which he shall be chosen to be a Member of a 
Board of Health, which shall consist of one person from 
each Ward, chosen by a majority of the Voters present & 
by ballot. And the Members of the Board of Health for Existing mem. 
the time being shall preside each in his respective AVard af the°annuai'^ 
at such meetings ; alid on the neglect of either of them, a "meetings. 
Committee chosen by the Ward shall preside, until a 
Clerk is chosen by a majority of the Voters present, 
whose duty it shall be to preside at future Meetings of 
said Ward for the ensuing Year, to call for the Votes, 
receive, count and declare the same in open Meeting. 
And in case it shall appear that no choice has been made, 
the ballot shall be repeated until a person shall be elected ; 
at whose dwelling House the Clerk shall on the same day 
leave a written Notification of his being chosen as aforesaid ; 
and upon his refusal or non-acceptance within four days 
after notice as aforesaid, the Clerk shall summon a new 
Meeting of the Inhabitants of his Ward, at a time and place 
to be specified in two of the Newspapers aforesaid, three 
days at least before the intended Meeting. 



328 



Acts, 1799. — Chapter 10. 



Proviso. 



The Board to 
be informed of 
perBODs choBeu. 



Privileges. 



Existing Presi- 
dent to officiate 
till new Board 
is organized. 



Secretary to be 
Bworn. 



Records may 
be used as 
evidence. 



Nuisances to be 
examined into. 



Provided hoivevei\ in case of the refusal of the Person 
chosen at the time he is elected, the Ward ma}^ forthwith 
proceed to a new choice. And upon the acceptance of 
the person chosen, it shall be the duty of the said Clerk 
within twenty four hours after the same, to notify the 
choice to the President of the Board of Health for the time 
being, and the said Board are hereby authorized to con- 
tinue their functions until a Secretary for their Successors 
shall be chosen & sworn. And the Members of the Board 
of Health, so long as they act in that capacity, shall be 
exempted from all the services and duties from which the 
Selectmen and Overseers of the Poor of the Town afore- 
said, are or may be exempted. 

Sec. 2. And he it further Enacted by the authority 
aforesaid. That the President of the Board of Health for 
the time being, or' in his absence the eldest Member 
thereof present, shall, within five days after the returns 
made to him by two thirds of the Clerks aforesaid, in 
case two thirds of said Members shall be chosen, notify 
the new Members returned and chosen, to meet at the 
usual place of the Meeting of the said Board, and shall at 
such Meeting preside until a President and Secretary is 
chosen for the new Board. And he is hereby authorized 
to administer to such Secretary, an Oath to make a faith- 
ful Eecord of all the votes, proceedings and regulations 
of the said Board and faithfully perform the duties of his 
said Ofiice during his continuance therein ; which Oath shall 
be entered, & subscribed on the Records of the Board, and 
attested by the person who shall administer the same. 
And the said President or eldest Member shall then deliver 
over to such Secretary, the Books, Records and other 
Papers of the said Board of Health. And the Records & 
Proceedings of the said Board may be given in evidence 
touching any matter in dispute, between the Members of 
the same, their Agents & Servants, &, any other person or 
persons. 

Sec. 3. And he it further Enacted, That it shall be 
the duty of the said Board or of any Member thereof, to 
examine into all nuisances, and such sources of Filth, as 
may be injurious to the health of the Inhabitants of said 
Town, whether the same shall proceed from stagnant 
Waters, Cellars, Drains, Common-Sewers, Slaughter- 
houses, Tan-yards, Fish, Fish-houses, Fishing boats. Fish 
boxes, Oysters, Oyster boats, Hogs, Hog-sties, Docks, 



Acts, 1799. — Chapter 10. 329 

Necessaries, Livery and other Stables, Putrid animal and 
vegetable substances, Vessels, Scows, or Boats, or any 
other cause of any nature or kind whatsoever, which in 
their Opinion may be injurious to the health of the In- 
habitants aforesaid, and the same to destroy or remove, 
as the case may require. And the said Board or a Rules to be 
Majority of them are hereby fully authorized and empow- ^* " 
ered from time to time to make such rules and regulations 
to have eflect within the limits of said Town as to them 
shall appear necessary to remove and prevent the afore- 
said nuisances and Sources of Filth. And the said Mem- Forcible entry 
bers or any two of them, shall have power, having first ™^^ * ™* ^' 
obtained a Warrant from a Justice of the Peace in due 
form of Law, predicated upon a Complaint under Oath, 
directed to the Sheriff of said County or his Deputy, 
forcibly to enter and search all Houses, Stores, Cellars, 
Vessels and Boats, between the hours of Sunrise and 
Sunset, where they may have just cause to suspect any of 
the aforesaid Nuisances or Sources of Filth to exist, and 
the same to remove or destroy as the case may require. 
Provided hoivever, That no Sheriff or Deputy Sheriff shall J^Ve'Ixe^u^eT' 
execute any civil process, either by arrestino; the body or i>yanyofflcer 

_ "' J. ' •' ~ •'at such entry. 

attaching the Goods and Chattels of any person or persons 
under color of any entry made for the pur})Oses aforesaid, 
unless such service could by Law have been made without 
such entry ; and all services so made under colour of such 
entry, shall be utterly void ; and the Oflicer making such 
service, shall be considered as a Trespasser to all intents 
ab initio. And any person or persons, who shall resist Penalty for 
such search, shall forfeit and pay the sum of, not more 
than One hundred, nor less than twenty Dollars, to be re- 
covered in manner hereinafter provided. And it shall be Nuisances to be 
the duty of the Board of Health, or any two of them, upon ''®"°^® • 
discovering any of the nuisances aforesaid, or other 
Sources of Filth injurious to the health of the said Inhab- 
itants, to cause the same to be removed ; and the person 
or persons in whose possession the same was found, shall 
forfeit and pay the sum of Ten Dollars, and the costs of 
Remov^al ; and any Justice of the Peace within said Town, Process for 
upon complaint made to him on Oath by one or more pen°a^ty!° 
Members of the said Board, briefly therein stating the 
Facts, together with the costs of such removal, shall issue 
his Warrant thereupon, directed to the Sheriff of the 
County of Suffolk, his Deputy or any Constable of said 



330 



Acts, 1799. — Chapter 10. 



Town, commanding him to notify the person or persons 
in whose possession or upon whose estate such nuisance 
or other source of Filth aforesaid was found, his or their 
Agent or Agents, Attorney or Attorneys respectively, 
forthwith to appear before such Justice ; and if such per- 
son or persons after the service and return of said War- 
rant, shall neglect to appear as aforesaid, or appearing 
shall not shew cause to the satisfaction of the Justice why 
Judgment should not be rendered against him or them for 
the fine of Ten Dollars herein beforementioned, and for 
all the costs of Removal as aforesaid, then the said Justice 
shall render Judgment against such person or persons for 
the said fine, costs of removal and double costs of prose- 
cution, notwithstanding the said Fine and costs of re- 
moval may exceed the sum of Thirteen Dollars, thirty four 
cents ; and the said Justice shall thereupon issue his 
"Warrant of Distress, directed as aforesaid, commanding 
the Officer to whom it may be directed, to levy the sums 
therein mentioned, with the expences of levying together 
with his own fees upon the Goods & estate ; and for want 
Appeal allowed, thereof upou the body of such person or persons ; and any 
party aggrieved at any Judgment that may be rendered 
upon such complaint, may Appeal to the Court of Gen- 
eral Sessions of the Peace, next to be holden within & for 
said County, & shall before his Appeal is granted recog- 
nize in such reasonable sum as the Justice shall order, 
with sufficient surety or sureties to prosecute his Appeal, 
& shall be held to produce, at the Court appealed to, 
copies of the whole process, the said Appeal to be claimed 
on the day of rendering Judgment as aforesaid ; & the 
said Court shall proceed to hear & try said cause with, or 
without the intervention of a Jury, as the case may re- 
quire, & shall render such Judgment, & issue such war- 
rant of distress as a Justice of the Peace within the Town 
aforesaid is hereby authorized to do, & no Appeal from the 
Judgment of said Court shall be allowed. 

Sec. 4th. And he it further enacted hy the autliority 
Penalty for dis- aforesciid, that any person or persons who shall disobey, 
obeying rues, ^^ violate the rulcs and regulations of said Board, that 
shall be made as aforesaid, after the expiration of three 
days from the publication of the same in two of the Xews 
papers aforesaid, shall forfeit and pay the Sum of Five 
Dollars to be sued for and recovered in the manner pointed 
out in the foregoing Section. 



Acts, 1799. — Chapter 10. 331 

Sec. 5th. And be it further enacted, that any person, For possessing 

. */ X ' tainted [ue&t 

who shall ofier for sale in the Town of Boston or who shall &c. 

have in his possession any tainted, or putrid salted meat, 

or pickled fish, which shall be so deemed by any two 

Members of the said Board upon conviction thereof, in 

manner last mentioned, shall forfeit and pay the sum of 

two Dollars for each, and every such Barrel by him so 

offered for sale, or found in his possession : And it shall Packers to give 

{• T II f • ' 1 information. 

be the duty oi every licenced packer oi provisions and 
pickled fish within said Town, forthwith to give informa- 
tion to the said Board, or some member thereof, of any 
such meat or fish, that shall come to his knowledge, and 
every packer of salted provisions throughout this Com- 
monwealth, is hereby prohibited from repacking any such 
meat, or fish, that shall be putrid, or tainted; and no Meat not to be 
salted meat, or fish shall be hereafter repacked within said Bos'lon^iriiin 
Town of Boston, between the fifteenth day of Jane, and certain dates. 
the first day of October, unless upon some Island, and 
with the permission in writting of the Board aforesaid or 
any three of them : And every packer aforesaid, who 
shall neglect to give information as aforesaid, or who shall 
repack as aforesaid, contrary to the true intent, and mean- 
ing of this act, shall upon conviction thereof in manner 
aforesaid forfeit and pay for each and every Barrel con- 
taining meat or fish, tainted or putrid, which he shall so 
neglect to give information of, the sum of three Dollars, 
and for each and every Barrel so repacked the sum of 
Four Dollars: And the said packers within said Town Packers to be 
shall be sworn before the said Board, or any member ^^*"'°' 
thereof, and the packers in the other Towns in this Com- 
monwealth, before the Clerks of their respective Towns, 
faithfully to discharge their duty as packers of salted meat 
and provisions according to the true intent and meaning 
hereof: And the said Board, and the respective Mem- 
bers thereof, and the several Clerks of said Towns are 
hereby severally empowered to administer said Oath : 
And the packers aforesaid, and every of them, who shall 
neglect to take the said Oath as soon as may be after pass- 
ing this act, and who shall neglect to mention in each cer- 
tificate by him issued after taking said oath, his having 
been sworn as aforesaid, shall be liable to be removed from 
his office of packer aforesaid on complaint made to the 
Governor and Council, and shall be disqualified from exe- 
cuting or performing the office, or employment of a 



332 



Acts, 1799. — Chapter 10. 



Untanned 
bides. 



Throwing filth 
into docks, and 
landing sus- 
pected clotheB, 
prohibited. 



packer as aforesaid for the space of three Years then next 
coming. 

Sec. 6th. And be it further' enacted, thsit no \inta.nY\ed 
hides shall hereafter be stored or kept in the Town of 
Boston between the first day of May, and the first day of 
December, and that all such hides found in said Town 
within the time so prohibited, shall be forfeited, unless 
removed without the limits of said Town, by the owner, 
or possessor thereof, Avithin twenty four hours after notice 
given him by any member of said Board, and such hides 
so forfeited, shall and may be seized by any two of the 
said Board of Health, and shall and may be libelled and 
tried in the same w'ay and manner, and by the same proc- 
ess as is provided for the trial of Gunpowder seized ac- 
cording to Law. 

Sec. 7th. And be it further' enacted, that all masters 
of Vessels, or other persons being on board the same, w^ho 
shall throw, or suffer to be thrown into any of the docks 
of said Town without permission from the board of Health, 
any filth, or sw^eepings of Vessel's holds, or land, or suffer 
to be landed, any suspected cloaths or bedding, or in any 
wise contravene the rules and regulations of said Board, 
that may be made as aforesaid, contrary to the true intent 
and meaning of this act shall severally forfeit and pa}^ for 
every such offence not more than thirteen nor less than 
five dollars, accordino- to the nature and ao^oravation of 
the oft'ence to be sued for and recovered in manner pointed 
out in the third section of this act. 

Sec. 8. And be it further enacted by the antJiority 
di^ecfqual-a'S^^ oforesaid, that whenever it shall appear to the said Board 
tine. of Health, that the safety of the inhabitants of the Town 

of Boston requires that any Vessel or Vessels which shall 
arrive within the Harbour of Boston from any port, or 
place should perform quarantine, the said Board are 
hereby required and empow^ered to cause such Vessel or 
Vessels to [to] perform quarantine under such restrictions, 
regulations, and qualifications, as they may judge expedi- 
ent, and any owner, master, supercargo, officer, seaman, 
consignee, or other person who shall neglect or refuse to 
obey the directions, rules, regulations, restrictions, and 
qualifications of the said Board of Health, respecting said 
quarantine, and shall be thereof convicted upon indictment 
or information before the supreme judicial Court, or Court 
of General Sessions of the peace, held in the said County 



Acts, 1799. — Chapter 10. 333 

of Suflblk, shall be fined a sum not exceeding Five hun- Penalty for 
dred Dollars, or be imprisoned for a term of time not ex- quaranune. 
ceeding six months, or both at the discretion of the Court 
havino^ comiizance of such offence. 

Sec. 9th. And be it further enacted, that whenever puots directed, 
the said Board of Health shall think it necessary to order 
all Vessels, which shall or may arrive at the said Port of 
Boston from any particular port, or ports to perform 
quarantine, and shall give notice of such order to the 
Pilots of the said port of Boston, it shall be the duty of such 
pilots to make known the said order to the Captains or 
masters of all Vessels, which they shall board, and if any 
pilot after notice given to him as aforesaid shall neglect to 
make known the said order, or shall pilot any Vessel to 
any place in the Harbour of Boston, except to liainsford's 
Island, he shall forfeit and lose his branch, and shall be 
disqualified from doing and performing the duty of a Pilot 
for the term of twelve Months then next ensuing. 

Sect. 10. And he it farther enacted, that any master Penalty for 
or commander of any Vessell who shall enter the said har- tuit^ orders.'"^^"' 
bour of Boston with his said Vessell after notice given to 
him by any Person or Persons whomsoever that a Quar- 
antine has been directed by the said Board of Health for 
all Vessells coming from the Port or Place from which 
such Master or commander shall have arrived, or who 
shall falsely or fraudulently attempt to elude the direc- 
tions of the said Board of Health by false and unfounded 
declarations, of the Port or Place from whence he came, 
or who shall land or suffer to be landed from his Vessell 
any person or persons, or goods apparrell, bedding or 
Merchandize, whatsoever without the permission of the 
said Board of Health, every such Master or Commander, 
shall upon conviction thereof in manner & form pointed 
out in the eight [/i] Section of this Act forfeit & pay a 
sum not exceeding Five hundred dollars or suffer impris- 
onment for a term not exceeding six Months or both, at 
the discretion of the Court having cognizance of such 
Offence. 

Sect. 11. And he it further enacted that every keeper Keepers of 
of a Boarding or Lodging house, within the Town of jfirfcted!'""*^* 
Boston between the first day of May, and the first day of 
November in each year, shall within twelve hours after 
any Sea faring man or other lodger [s] becomes sick in such 
boarding or lodging house, within the Town of Boston 



334 



Acts, 1799. — Chapter 10. 



Masters of ves- 
sels not to 
remove sick 
without per- 
mission. 



Physician 
authorized. 



Penalty for 
disobeying the 
physician. 



Maintenance 
of diseased 
persons. 



report in writing the name of such diseased person to the 
board of health, or to a Member of said Board, & the 
nature of his disorder, & no master of a Vessell shall re- 
move any sick or deseased person from any vessell lying 
at any of the wharves within the harbour of Boston before 
the name of such sick person has been reported to the 
Board of health or a Member thereof, & a written permit 
obtained from at least two of them authorizing such re- 
moval, which permit shall express the time, place and 
manner of such removal. And every person whether 
keepers of boarding or lodging houses, or Masters of 
Vessells, who shall refuse or neglect to comply with 
either of the aforesaid directions shall on conviction before 
the Court of General Sessions of the Peace in said County, 
forfeit & pay a fine not exceeding One hundred Dollars 
or suifer imprisonment, not exceeding two months, or both 
at the discretion of said Court. 

Sect. 12. And be it further enacted that whenever the 
visiting Physician of the said Board of health, shall think 
it necessary that any Vessell should be purified & cleansed, 
and perform quarantine, he shall direct the Master or 
Commander of such Vessell to proceed to anchor near 
Rainsford's Island within the outer Harbour of Boston for 
the purpose of purification & it shall be the duty of said 
Physician to apply to the Board of health to direct the 
time & manner in which said Purification shall take place, 
& the expences thereof shall be defrayed by the Master, 
Commander, owner or consignee of every such Vessell 
to be recovered by an Action of the case in the name of 
the President of the said Board of Health. And each & 
every Master, Commander, owner, or consignee, of every 
such Vessell, who shall neglect or refuse to comply with 
such directions, shall on conviction thereof before the 
Court of General Sessions of the Peace be fined not ex- 
ceeding One thousand Dollars, or sufier imprisonment for 
a term not exceeding six months or both at the discre- 
tion of the Court. 

Sect. 13. A^id be it further enacted that every dis- 
eased mariner or other person sent to Rainsford's Island 
by the said Board of health, shall be there kept & main- 
tained at his or their own cost & expence, or his or their 
parents or masters (if able) otherwise at the charge of the 
town or place to which they belong, and in case such per- 
son or persons have no legal settlement in any Town or 



Acts, 1799. — Chapter 10. 335 

Place, within this State, then at the charge of this Com- 
monwealth ; c^ every person sent to Eainsford's Island for 
the purpose of purification as aforesaid by the said Board 
of Health shall be subject to the same restrictions as are 
provided by the 7th Section of an Act of this Common- 
wealth passed the Twenty second day of June, One thou- 
sand seven hundred & ninety seven, entitled "An Act to 
prevent the spreading of contagious Sickness." 

Sect. 14. And be it further enacted, that the Board ^^^''^fl^s^tobe 
of Health for the Town of Boston, shall provide at the ex- 
pence of said Town a suitable number of red flags of two 
yards at least in length, and whenever they shall order a 
Vessell or Vessel Is to Eainsford's Island for the purpose 
of purification, they shall direct the keeper of said Island 
to hoist on a flagstaff" to be erected for the purpose one 
of said Flags, & the Master of every Vessell ordered there 
to perform quarantine, shall hoist one of said flags on the 
head of the main mast, there to be kept during the day 
time, so long as said vessell or vessells shall remain at 
said Island for the purpose of purification & during the 
time that any vessell is performing quarantine, no person Persons not to 
shall go on board thereof, except those employed by or fesseil'^rdfng 
under the Board of health, nor shall any person go within a luarantine, &c. 
line to be designated upon the Land on Eainsford's Island 
and every person who shall transgress in either of these 
cases, shall be considered as contaminated with infection 
and held to undergo purification in the same manner, & 
under the same regulations & restrictions as those perform- 
ing Quarantine on said Island, & shall there remain untill 
discharged by the visiting Physician, & the said Physician, 
or the keeper of the said Island, or any person employed 
thereon may forcibly detain him for the purpose afore- 
said. 

Sect. 15. And he it further enacted, that if any Ship vessels subject 
or vessell subject to Quarantine, shall pass by the Castle, pas^g^ngThe"^ 
& enter within the inner harbour of Boston it shall be the ^ent bac°k!'*^ 
duty of the Board of Health for said Town or any two of 
them to order the master of the said Vessell to proceed 
forthwith, with her crew, passengers & cargo, to Eainsford's 
Island, and in case the said Master, shall refuse or neglect 
so to do for the space of one hour after said order, he shall 
on conviction before the Supreme Judicial Court, or Court 
of General Sessions of the Peace in said County, forfeit & 
pay a fine not exceedino; One thousand dollars or suffer 



336 



Acts, 1799. — Chapter 10. 



Force may be 
UBed. 



Pilots to give 
assistance under 
penalty. 



Certain powers 
transferred 
from the Select- 
men to the 
Board of Health. 



Board to ap- 
point visiting 
physician. 



Scavengers. 



Board to draw 
upon the Town 
Treasurer. 



imprisonment not exceeding six months, or both at the 
discretion of the Court & the said Board of Health on any 
neglect or refusal as aforesaid, shall have full power & au- 
thority forcibly to enter on board such Vessell, & to call 
to their assistance one or more of the Pilots for the Har- 
bour of Boston & such other persons as may be necessary 
to proceed with said Vessell, her Crew, passengers, & 
cargo, to Rainsford's Island, the expence of which removal 
shall be paid by the owner of such Vessell which shall & 
may be recovered by action of the case in any court com- 
petent to try the same ; & any Pilot or other Person who 
shall refuse to give his assistance when required shall pay 
a fine of Thirteen Dollars to be recovered upon conviction 
before any Justice of the Peace for the County of Suffolk, 
who shall issue his warrant of distress against the Goods, 
& estate, & for want thereof against the body of such 
person who shall be convicted as aforesaid. 

Sect. 16. And be itfurlher enacted that all the Powers 
& duties wdiich are given to & required of the Selectmen 
of the town of Boston by a certain law of this Common- 
wealth passed the twenty second day of June One thou- 
sand seven hundred & ninety seven, entitled, "An Act to 
prevent the spreading of contagious sickness, " shall be & 
they are hereby transferred to & made the duty of the 
Board of Health of the Town of Boston, any thing in said 
Law to the contrary notwithstanding. 

Sect. 17. And be it further Enacted, that the Board 
of Health for the town of Boston shall & they hereby are 
empowered from time to time to choose a suitable & dis- 
creet person who has been approved of by some Medical 
Society within this Commonwealth to act as a Visiting 
Physician to said Board, wdiose duty it shall- be to visit all 
Vessels coming from any place or places in which the said 
Board shall think that an}^ contagious Sickness prevails, 
& such Physician shall be under the directions of said 
Board, & may be removed by them whenever they shall 
see cause : — And the said Board of Health shall have Au- 
thority to appoint Scavengers for the Town of Boston, & 
such other Officers to assist them in the execution of their 
Office as they shall judge proper &> necessary for payment 
of whom & of all necessary expences which may arise in 
the exercise of their Office, said Board shall be author- 
ized to draw upon the Town Treasurer, & the Accounts 
of said Board shall be examined by the Committee of Ac- 



Acts, 1799. — Chapter 10. 337 

counts, annually chosen by the Town for that purpose, 
who shall report a state of them to the Town accordingly, 
& the same shall be paid by the Treasurer of the said 
Town. 

And whereas by the Eleventh Section of the Act of 
this Commonwealth, entitled, "An Act to prevent the 
spreading of Contagious Sickness," it is enacted, — " that 
each Town or District in this Commonwealth, may at their 
Meeting held in March, or April annually, or at any other 
Meeting legally warned for that purpose, when they shall 
judge it to be necessary choose & appoint a Health Com- 
mittee," in the manner & for the purposes in said Eleventh 
Section mentioned — 

Sect. 18. Be il further .Enacted, that so much of said f^frmerTaw 
Law as respects the future appointment of a Health Com- repealed. 
mittee for the Town of Boston, be & the same is hereby 
repealed, & that the Board of Health appointed, & to be 
appointed by virtue of this present Law, be & they hereby 
are & shall be the Health Committee for the Town of 
Boston, & invested with all the powers & duties, as is 
herein in said Eleventh Section defined, any thing in 
said Eleventh Section to the contrary notwithstanding — 

And whereas by virtue of an act of this Commonwealth 
passed the last Session of the General Court (February 
the thirteenth, one thousand seven hundred & ninety nine) 
entitled, "An Act to empower the Inhabitants of the Town 
of Boston to choose a Board of Health & for removing & 
preventing Nuisances in said Town " — the Inhabitants did, 
in their several Wards, choose a Board of Health for the 
present 3'ear. 

Sect. 19. Be it further Enacted, that the present Board under a 
Members of the Board of Health for the Town of Boston, recognized, 
chosen by virtue of said Law, be & they hereby are de- 
clared to be the Members of the Board of Health for the 
said Town for the present year, & shall remain in office 
until a new Board of Health shall be chosen, agreeably to 
the first Section of this present Law ; & they & each of 
them shall have full power & authorit}^ to act in said 
capacity agreeably to the spirit & meaning of this Act, 
any thing herein to the contrary notwithstanding. 

Sect. "20. And be it further Enacted, that all penal- fii°'"'°* 
ties & forfeitures arising from this Act, except in those 
cases in which it is herein otherwise provided, shall accrue 
to the use of the said Town of Boston, & shall be prose- 



338 



Acts, 1799. — Chapter 10. 



Warrant to be 
issued for 
choice of new 
member. 



Wards. 



Former law 
repealed. 



Putrid meat, 
&c. not to be 
removed to 
towns without 
permission of 
Selectmen. 



cuted & recovered by Action of Debt in the name of the 
President of the said Board of Health, or by information 
in any Court competent to try the same. And it shall be 
the duty of the Board of Health, & each of them, to 
pursue & enforce the due Execution of the foregoing Law, 
and prosecute all offenders, for all penalties & forfeitures 
which may accrue under the same. 

Sect. 21. And be it further Enacted, that on the 
death, resignation, or removal from the Ward, of which 
he is a Member, of any of the Board of Health, it shall be 
the duty of the President of the said Board to issue a 
warrant to the Constable of the Ward, commanding him 
to warn, by leaving a printed notification at the houses 
of the Inhaljitants of the Ward, the Inhabitants to meet at 
tlie place & time mentioned in said warrant, for the pur- 
pose of choosing a new Member, & the Clerk of said 
Ward shall preside at such meeting. 

Sect. 22. And be it further Enacted, that the Wards 
mentioned in this Act shall be the same pointed out in a 
certain Act passed in the eighth & ninth years of the Reign 
of George the Second, entitled, "An Act for employing 
& providing for the poor of the Town of Boston." 

Sect. 23. And be it further Enacted, that an act, 
entitled, "An Act to empower the Inhabitants of the 
Town of Boston to choose a Board of Health, & for re- 
moving & preventing Nuisances in said Town, be & the 
same is hereby repealed ; " — except so far as the same 
may be necessary for the prosecution & final recovery of 
any fines, penalties, forfeitures, or Actions which may 
have been incurred prior to the repeal of said Act. 

Sect. 24. And be it further Enacted, by the Author- 
ity aforesaid, that no untanned hides, or putrid or tainted 
Meat, or Fish, shall be removed from the town of Boston, 
or from any Vessel within the harbor of said town, by 
virtue of this Act, to any town within this Commonwealth, 
without permission from the Selectmen of the Town to 
which such hides, meat or fish are proposed to be re- 
moved, &, that all untanned hides so removed without per- 
mission as aforesaid, shall be forfeited to the use of the 
Town to which they shall be removed, & shall & may be 
proceeded against in manner pointed out in the sixth 
Section of this Act. Apj^roved June 20, 1799. 



Acts, 1799. — Chapter 11. 339 



1799. — Chapter 11. 

[May Session, ch. 11.] 

AN ACT EiMPOWERING THE INHABITANTS OF THAT PART OF THE 
COUNTY OF YORK WHICH LIES TO THE NORTHWARD OF THE 
GREAT OSSAPEE RIVER, TO CHOOSE A REGISTER OF DEEDS 
AND FOR ESTABLISHING A COURT OF PROBATE TO BE HOLDEN 
AT FRYEBURGH IN THE SAID COUNTY. 

WTiereas the Inhabitants of that part of the County of Preamble. 
York, which lies to the Northward of the Great Ossapee 
River, are put to difficulty in getting their conveyances of 
Real Estate properly recorded, and efecting a distribution 
and settlement of the estates of deceased persons among 
them, as they are in such cases frequently obliged at great 
expence and Trouble to travel to York, where alone the 
Office of Register of Deeds, and generally the Court of the 
Judge of Probate of Wills and for granting Letters of 
Administration for the said County are now kept and 
held. 

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 the Towns of Fryeburgh, Rg^\^jf ^"p**® 
Bethel and AVaterford and such Plantations or Lands in Deeds, 
said County of York as lie to the Northward of the great 
Ossapee River, be and they hereby are constituted a Dis- 
trict for the Eegistry of Deeds. And the Inhabitants of Register to be 

o •/ 1 T 1 T-» chosen. 

the said District are hereby authorized to choose a Reg- 
ister of Deeds for the same District in manner provided 
by Law. And the Register so chosen, shall keep his 
Office within the said Town of Fryeburgh ; and 8imon 
Fr3^e Esqr. a Justice of the Peace within and for the said 
County, is hereby authorized and empowered to issue his 
Warrant directed to the Selectmen of the aforesaid Towns 
of Fryeburgh, Bethel and Waterford and to the Assessors 
of those plantations authorized by Law to vote for Gov- 
ernor, Lieut. Gove [r] nor and Senators within the said 
district ; ordering them forthwith to convene the inhabi- 
tants of the said Towns and Phmtations, qualified to vote 
for Representatives, that they may proceed to the choice of 
some meet person, qualified by Law for the office of Reg- 
ister of deeds, and ordering the said Selectmen and Assess- 
ors to seal up and transmit a transcript of the Record of 
the number of votes, and persons voted for, in their re- 



340 



Acts, 1799. — Chapter 11. 



Register to ex- 
ercise the cus- 
tomary powers. 



Probate courts 
to be held at 
Fryeburgh. 



spective Towns and Plantations, together with the warrant, 
to the Court of General Sessions of the Peace next to be 
holden at Waterborough within and for the said County, 
on the fourth tuesday of August next to be opened, and 
compared with the like returns from the other Towns and 
plantations in such district : And the person having the 
majority of Votes, after being sworn, and giving Bond 
as by law directed, shall be the Register of Deeds in said 
district, and shall continue in the said office, untill the last 
day of March, one thousand, eight hundred and one, and 
untill another is chosen and sworn in his Room, unless 
sooner removed or discharged by order of the Court of 
General Sessions of the Peace for the said County ; and 
if it shall appear that no person has a majority of Votes 
in the said district upon examination of the returns as 
aforesaid, the same proceedings shall be had, as are di 
rected by law in other cases of vacancy, in the office of 
Register of deeds. 

Sec. 2d. And be it further enacted, that the 'person 
chosen as aforesaid shall be subject to the same rules and 
disqualifications to which Regii^ters of deeds for the several 
Counties are subject ; and from and after the last day of 
November next, shall be fully authorized, and empowered 
to register and record all deeds of conveyance of any 
lands, or other real estate lying within the said district, 
and the record of deeds as aforesaid shall be valid to all 
intents and purposes whatever : And the record of any 
deeds of conveyance of land or other real estate, lying 
within the said district, which after the said last day of 
November shall be made by any other than the person to 
be chosen as aforesaid by the said district, shall be void 
and of no efiect ; and the Register to be chosen as aforesaid, 
shall be intitled to the same fees in the execution of his 
office, as the register of deeds in the several Counties are 
intitled to. 

Sec. 3d. And be it further enacted, that the judge of 
probate for the County of York, be and he hereby is di- 
rected to hold two probate Courts in a year in the Town 
of Fryeburgh in said County, from and after the passing 
of this act. — Any usage or custom to the contrary not- 
withstanding. Approved June 20, 1799. 



Acts, 1799. — Chapters 12, 13, 14. 341 



1799. — Chapter 13. 

[May Session, ch. 12.] 

AN ACT IN ADDITION TO AN ACT ENTITLED AN ACT TO REGU- 
LATE THE GOING AT LARGE OF SHEEP AND RAMS AND HE- 
GOATS AT CERTAIN SEASONS OF THE YEAR, PASSED THE 
SEVENTH DAY OF MARCH IN THE YEAR OF OUR LORD ONE 
THOUSAND SEVEN HUNDRED & NINETY SEVEN. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same. That that part of the provision contained in the Former act 
tirst Section of the above recited Act, be and the same is Barnstable, 
hereby repealed, so far as it respects the County of 
Barnstable : and that the aforesaid Act shall hereafter ex- 
tend to the said County of Barnstable, as though the said 
provision had not been made. Approved June 21^ 1799. 

1799. — Chapter 13. 

[May SeBsion, ch. 14.] 

AN ACT IN ADDITION TO AN ACT, INTITLED "AN ACT TO DIVIDE 
THE COUNTY OF LINCOLN & TO CONSTITUTE THE NORTHERLY 
PART THEREOF A SEPERATE COUNTY BY THE NAME OF THE 
COUNTY OF KEN[V]EBECK. 

Be it enacted by the Senate & house of representatives 
in General Court assembled & by the authority of the 
same that a law made & passed the twenty second day of 
March, In the year of our Lord one thousand seven hun- 
dred & ninety three for holding a Supreme Judicial Court 
at Pownalborough & Hallowell in said County of Lincoln 
on the second Tuesday next following the fourth tuesday 
of June, successively and Alternately, be & the same is 
hereby repealed. Ajjproved June 21, 1799. 

1799. — Chapter 14. 

[May Session, ch. 13.] 

AN ACT TO EMPOWER THE INHABITANTS OF THE TOWN OF 
SALEM TO CHOOSE A BOARD OF HEALTH & FOR REMOVING & 
PREVENTING NUISANCES IN SAID TOWN. 

Sec 1. Be it Unacted by the Senate <& House of Rep- 
resentatives in General Court assembled and by the au- 
thority of the same, That the Freeholders and other Authorized to 
Inhabitants of the Town of Salem, qualified to vote for of^nTne^pfr^sonl 



342 



Acts, 1799. — Chapter 14. 



President and 
Clerk to be 
elected. 



Board to ex- 
amine into 
nuieancea. 



Justice of 
Peace to issue 
warrant for 
removal. 



Civil processes 
not to be exe- 
cuted, under 
plea of entry 
for nuisances. 



Town Officers, may on the first Monday of April annually, 
or at any other Meeting legally called for the purpose, 
choose a Board of Health, consisting of nine persons, not 
less than two of whom shall be chosen out of each Ward 
in said Town ; the Members of which Board of Health, 
shall elect a President and a Clerk, whose duty it shall be 
to record the votes and doings thereof; and in case of the 
Death or resignation of any one of the Members of said 
Board, the said Freeholders or other Inhabitants may at 
any Meeting legally called for the purpose, elect a Mem- 
ber out of the same Ward, to supply his place. 

Sec. 2. Be it further Enacted, That it shall be the 
duty of the Board of Health, and each Member thereof 
to examine into all Nuisances and other causes injurious 
to the Health of the Inhabitants ; whether the same shall 
be caused by stagnant waters, drains, common-sewers, 
slaughter-houses, tan-yards, fish, fish-houses, docks, nec- 
essaries, hog-sties, putrid animal or vegitable substances, 
or any other cause of whatever kind, which in his or their 
opinion may be injurious to the health of the Inhabitants 
as aforesaid. And upon complaint on oath being made to 
any Justice of the Peace by any Member of said Board of 
Health, or other person, that he suspects any of the Nui- 
sances or causes aforesaid to exist in any Dwelling House, 
Cellar, Store, other Building, Ship or Vessel, it shall be 
the duty of such elustice to issue his Warrant directed to 
the Sherifi" of the County of Essex or his Deputies or to 
any Constable of the Town of Salem, commanding him or 
them forcibly to enter, and together with a INIember of said 
Board of Health, to search the same in the day time, and 
upon the discovery of such nuisance, or other cause, in- 
jurious to the health of the Inhabitants, to remove the 
same. Provided however, that no Sheriff, or Deputy 
Sheriff or Constable, shall execute any Civil process, 
either by arresting the Body or attaching the Goods and 
Chattels of any person or persons under colour of any 
entry made for the purposes aforesaid, unless such service 
could by Law have been made without such entry ; & all 
services so made under color of such entry shall be utterly 
void and the Officer making such service shall be con- 
sidered as a Trespasser to all intents ah initio. And any 
person or persons who shall resist such search, shall for- 
feit and pay the sum of Twenty Dollars, to be recovered 
jn manner hereinafter provided. And it shall be the duty 



Acts, 1799. — Chapter 14. 343 

of the Board of Health upon the discovery of any such Board to cause 
Nuisance or other cause injurious to the health of the In- ""movedfand ^ 
habitants of said Town, forthwith to remove the same ; wa'rranufor"*"^ 
and upon Complaint to any Justice of the Peace within the <=08tB. 
said Town or in said County made upon oath by one or 
more of said Board of Health, briefly therein stating the 
Facts, together with the costs of such removal, such Jus- 
tice shall grant a Warrant, therein expressing the sub- 
stance of the said Complaint, directed to the Sheriflf of 
ihe County of Essex, or his Deputy, or any Constable 
of the Town of Salem, commanding him to notify and re- 
quire the person or persons in whose possession, or upon 
whose estate such Nuisance or other cause aforesaid ex- 
isted ; or in case of his absence, his Agent or Attorney, 
to appear forthwith before such Justice ; and if such per- 
son or persons shall neglect then and there to appear, or 
appearing shall not shew good cause to the satisfaction of 
said Justice, why Judgment should not pass against him 
or them, the said Justice shall then and there adjudge 
that such person or persons shall pay a Fine of Thirteen 
Dollars, & the costs of such Removal and double costs of 
prosecution ; and shall thereupon issue his Warrant di- 
rected to the Sheriff of the County of Essex, or his Deputy, 
or any Constable of the Town of Salem, thereby com- 
manding him to levy the expence of said removal, together 
wdth said Fine and double costs on the Goods and Estate, 
and for want thereof, on the body of the said Occupier or 
Proprietor of the House, Land, Cellar, Docks, Store or 
Vessel in which said nuisances existed ; and said Fine 
shall be paid over to the Town Treasurer for the use of 
the said Town. Provided ahoays, that any person or Appeal 
persons aggrieved at any Judgment of a Justice, passed ^"°^^'^- 
against him or them as aforesaid, shall have a right to ap- 
peal therefrom, to the Court of General Sessions of the 
Peace then next to be holden within and for the County 
of Essex, who shall hear and determine on such Complaint, 
with or without the intervention of a Jury as the case may 
require, and thereupon render such Judgment as the Jus- 
tice is herein before authorized to do in an original Com- 
plaint to him with additional costs ; and the Judgment of 
said Court thereon shall be final. Provided nevertheless, proviso, 
that no such appeal shall be granted unless the Re- 
spondent shall claim the same on the day on which the 
Justices Judgment shall be rendered and shall enter into 



344 



Acts, 1799. — Chapter 14. 



Board to ap- 
point certain 
officers — and 
may draw upon 
Town Treas- 
urer. 



Penalty for 
possessing 
putrid meat, 
&c. 



Packers 
directed and 
restricted. 



Packing pro- 
visions in cer- 
tain months 
prohibited, 
with an excep- 
tion. 



Killing and 
selling sheep 
and lambs 
regulated. 



recognizance with two sufficient Sureties to prosecute said 
appeal with effect. And said Board shall have authority 
to appoint Scavengers and such other Officers to assist 
them in the execution of their Office, as they shall judge 
necessary ; for payment of whom and all necessary ex- 
pences, which may arise in the exercise of their Office, 
the said Board shall be authorized to draw upon the 
Treasurer of said Town. 

Sect. 3. Be it further enacted, that any person who 
shall offer for Sale in the Town of Salem, or shall have in 
possession, any tainted or putrid, salted meat, or pickled 
fish, which shall be so deemed by any two of the Board 
of Health, upon conviction thereof in manner aforesaid, 
shall forfeit the sum of two dollars for each barrel so 
offered for Sale, or that he shall have in possession. And 
it shall be the duty of every licenced packer of provisions 
and pickled fish, to give information to the Board of 
Health, or some one of them, of any such meat or fish, 
that shall come to his knowledge, and shall moreover be 
sworn before the President of the Board of Health, or 
some one of said Board, to give such information, before 
he shall execute that trust, after said Board of Health shall 
have been chosen ; And the said President & Members, 
are hereby severally authorised to administer said oath. 
And if any packer of Provisions shall repack any meat or 
fish, that shall be unwhol[e]some, or not fit for use, and be 
thereof convicted before any court, competent to try the 
same, he shall forfeit Two Dollars for each barrel so re- 
packed, & shall forever be disqualified for serving again 
in that capacity ; and no provisions shall be repacked in 
the said town of Salem, between the first day of June & 
the first day of October in an}^ year, unless in such place 
or places therein where permission therefor shall be ob- 
tained in writing from the Board of Health ; & if any per- 
son or persons who shall repack any provisions within the 
times aforesaid in the said town of Salem, in any place or 
places, where permission therefor in writing hath not been 
first obtained of said Board of Health, [Ae] shall forfeit 
the Sum of Two Dollars for each barrel so repacked. 

Sect. 4. Be it further enacted that no person or per- 
sons, without first obtaining permission therefor from the 
Board of Health or two members thereof, shall kill any 
sheep or lambs, or expose to sale within said Town, be- 
tween the first day of July and the twentieth day of Sep- 



Acts, 1799. — Chapter 14. 345 

tember in any year, the meat of any Sheep or lambs, 
which shall have been killed within three days, after such 
sheep or lambs, shall have been driven into said Town ; 
& every person who without having first obtained such 
permission, shall within the times aforesaid kill any sheep 
or lambs within said town within three days after such 
Sheep or lambs shall have been driven into the same, or 
shall expose or offer for Sale within said Town, the meat 
of any sheep or lamb, which shall have been so killed, 
shall forfeit & pay for each offence Twenty Dollars, and 
the meat of every sheep or lamb so killed shall be for- 
feited ; & the said Board of health or any two of them, 
may and it shall be their duty, to seize & remove the 
same, and dispose thereof so as that the health of the In- 
habitants may not be endangered thereby ; and in any 
action or prosecution against the Members of said Board 
of Health, or either of them, for seizing any meat of sheep 
or lambs by virtue of this Act, the plaintifi' or prosecutor, 
shall be held to prove that such sheep or lambs, were 
killed after the expiration of three days from the time the 
same were driven into said town, or by the permission of 
said Board of Health. 

Sect. 5. Be it further enacted^ that no untanned hides untanned hides 
shall be stored or kept in the Town of Salem aforesaid, "ntown during 
between the first day of May & the first day of December certain months. 
except in such place or places as the Board of Health shall 
direct and appoint & that all such hides found in any other 
place or places in said Town within the times last men- 
tioned shall be forfeited unless removed to such place as 
the Board of Health shall direct without the limits of said 
Town by the owner thereof, within twenty four hours 
after notice given him by the said Board of Health or any 
two of them, & such hides so forfeited shall & may be 
seized by any two of said Board of Health, & shall & may 
be libelled & tried in the same way & manner, & by the 
same process as is provided for the trial of Gun-powder 
seized according to law. And any person or persons, Fiithnottobe 
who shall throw upon the wharves or shores, or into any wharves, &c. 
of the Docks in the Town any putrid meat, fish, or any 
other putrid or offensive substance, or any thing contrary 
to the order or regulations of the Board of Health, shall 
forfeit & pay for each offence a sum not less than Two 
dollars, nor more than thirteen dollars at the discretion 
of the Court, which may have cognizance of such ofience ; 



346 



Acts, 1799. — Chapter 14. 



Board of Health 
authorized to 
direct quaran- 
tine. 



Penalty for 
attempt to 
elude quaran- 
tine. 



that all Masters of Vessells who shall throw upon the 
wharves or shores, or into any of the Docks of said Tow^n 
without permission from the Board of Health, any filth or 
sweepings of the Vessells hold, shall forfeit a sum not less 
than Five dollars nor more than Fifty dollars for each 
ofience. 

Sect. 6th. Be it further enacted, that whenever it 
shall appear to the said Board of Health, that the safety 
of the Inhabitants of the town of Salem, requires that any 
Vessel or Vessels which shall arrive within the harbour 
of Salem from any Port or Place should perform quaran- 
tine, the said Board are hereby required & empowered, to 
cause such vessel or vessels to perform quarantine at such 
place as they shall appoint, and under such restrictions, 
regulations, & qualifications as they may judge expedient, 
& any owner, master, or Supercargo, officer, seaman, or 
consignee of any Vessell, or any other person who shall 
neglect or refuse to obey the orders, directions, rules, reg- 
ulations, restrictions, or qualifications of the said Board 
of Health respecting said quarantine, & shall be thereof 
convicted upon indictment, or information, before the 
Supreme Judicial Court, or Court of General Sessions of 
the Peace, held in said County of Essex, shall be fined a 
sum not exceeding five hundred Dollars, or be imprisoned 
for a term of time, not exceeding six Months, or both at 
the discretion of the Court having cognizance of such 
otfence. 

Sec. 7th. Be it further Enacted, that any master or 
commander of any Vessel, who shall enter the said Har- 
bour of Salem, with his said vessel, after notice given to 
him by any person or persons whomsoever, that a quaran- 
tine has been directed by said Board of Health for all 
Vessels coming from the port or place from wdiich such 
master or commander shall have arrived, or who shall 
falsely, or fraudulently attempt to elude the directions of 
the said Board of Health, by false and unfounded declara- 
tions of the port, or i)lace from whence he came, or who 
shall land, or suffer to be landed from his Vessel any per- 
son, or apparel, bedding, goods, or merchandize whatso- 
ever, without the permission of the said Board of Health, 
every such master or commander shall upon conviction 
thereof in manner and form pointed out in the Sixth Sec- 
tion of this act, forfeit and pay a sum not exceeding five 
hundred Dollars, or suffer imprisonment for a term, not 



Acts, 1799. — Chapter 14. 347 

exceeding six months, or both at the discretion of the 
Court having cognizance of such offence. 

Sec. 8. Be it further Enacted, that no master of a captains and 
Vessel, or other person shall remove from any Vessel in ^enTovJ^skk" 
the harbour, or lying at any of the wharves in Salem, any permission. 
sick or diseased persons, before the name of such sick or 
diseased person has been reported to the Board of Health, 
and a written permit obtained from at least two of them, 
authorizing such removal, and expressing the manner 
thereof, the time when, and the place to which such per- 
son shall be removed. And any master of a Vessel, or 
other person who shall remove such sick or diseased 
person, without first obtaining suclj permit therefor, or 
contrary to the tenor and directions thereof, shall on 
conviction before the Court of General Sessions of the 
Peace in said County, be fined a Sum not exceeding one 
hundred Dollars, or sufier imprisonment not exceeding 
two Months, or both at the discretion of said Court. 

Sec. 9. Be it further Enacted, that whenever the visiting physi- 
visiting Physician of the Board of Health, shall think it piuificatior& 
necessary that any Vessel should be purified, and cleansed certatn'iase."* 
and perform quarantine, he shall direct the master, or 
commander of such Vessel to proceed to, and anchor at 
such place as the said Board of Health shall have appointed 
for cleansing and purifying vessels, and it shall be the duty 
of said Physician to apply to the Board of Health, to 
direct the time and manner in which such purification shall 
take place, and the expences shall be defreyed by the 
master, commander, owner or consignee of such Vessel, 
to be recovered by an Action of the case in the name of 
the President of the Board of Health. And each and 
every master, commander, owner, or consignee, of every 
such Vessel, who shall neglect or refuse to comply with 
such directions, shall on conviction thereof, before the 
Court of General Sessions of the Peace, be fined not ex- 
ceeding one thousand Dollars, or suffer imprisonment for 
a term not exceeding Six Months, or both, at the discre- 
tion of the Court. 

Sec. 10. Be it further Enacted, that every diseased Diseased 

J ^ J manners, &c. at 

manner, or other person, who shall be removed, or sent to bospitais, by 
any Hospital or other place by the said Board of Health, maintained. 
shall Ije there kept and maintained at his or their own cost 
and expence, or his or their Parents, or masters, (if able) 
otherwise at the charge of the Town or Place, to which 



348 



Acts, 1799. — Chapter 14. 



Persons not to 
go on board 
vessels riding 
quarantine. 



Penalty for 
disobeying 
orders to pro- 
ceed to place of 
quarantine. 



Force may be 
ueed. 



they belong ; and in case such person or persons have no 
legal settlement in any Town or Place within this State, 
then at the charge of this Commonwealth ; — And every 
person sent to any Hospital or Place for the purpose of 
Purification as aforesaid, shall be subject to the same re- 
strictions as are provided by the seventh Section of an act 
of this Commonwealth passed the twenty second day of 
June one thousand seven hundred and ninety seven, en- 
titled, "an Act to prevent the spreading of contagious 
sickness." 

Sec. 11. Be it further Enacted, that no person ex- 
cepting those employed by or under the Board of Health, 
shall go on board any Vessel, during the time she is per- 
forming quarantine, nor shall any person go within a line 
designated upon the Land, at the place appointed for 
cleansing and purifying Vessels ; and every person who 
shall transgress in either of these cases, shall be consid- 
ered as contaminated with infection, and held to undergo 
purification, in the same manner, and under the same reg- 
ulations and restrictions as those performing quarantine at 
such place and shall there remain untill discharged by the 
visiting Physician ; and the said Physician, or the person 
employed by the Board of Health to superintend such 
place may forcibly detain such person. 

Sec. 12. Be it further Enacted, That if any Vessel 
sulijectto quarantine, shall come into the Harbor of Salem, 
it shall be the duty of the Board of Health or any two of 
them, to order the Master or peri^on having the command 
of said Vessel immediately to proceed with her crew, pas- 
sengers and cargo, to the place by them appointed for 
cleansing and purifying vessels ; and in case the said 
Master or person having the command of said Vessel, 
shall refuse or neglect so to do for the space of one hour 
after said Order, he shall on conviction before the Supreme 
Judicial Court, or Court of General Sessions of the Peace, 
forfeit and pay a Fine not exceeding One Thousand Dol- 
lars, or sutler imprisonment not exceeding six months, or 
both, at the discretion of the Court; and the said Board 
of Health, or any two Members thereof, on any neglect or 
refusal as aforesaid, shall have full power & authority 
forcibly to enter on board such Vessel and to require the 
assistance of as many persons as they shall judge neces- 
sary, and proceed with said Vessel, her Crew, Passengers 
& Cargo to the place appointed for cleansing and purify- 



Acts, 1799. — Chapter 14. 349 

ing Vessels ; the expence of which removal shall be paid 
by the Owner of such Vessel, and shall and may be re- 
covered by an Action of the case in any Court competent 
to try the same ; and any person who shall refuse to give 
his assistance when required, shall forfeit Thirteen Dol- 
lars to be recovered by an Action of Debt. 

Sec. 13. Be it further Enacted^ That all the powers certain powers 
and duties which are given to and required of the Select- from the 'select- 
men of the Town of Salem, by a certain Law of this Com- Board" of ^ 
mon wealth, passed the twenty second day of June one Health. 
thousand seven hundred and ninety seven, entitled "An 
Act to prevent the spreading of contagious Sickness," 
shall be and they hereby are transferred to and made the 
duty of the said Board of Health, any thing in said Law 
to the contrary notwithstanding. 

Sec. 14. Be it further Enacted, That the said Board ^if^^^be^^"" 
of Health, be and they hereby are empowered from time appointed. 
to time to choose a suitable and discreet person to act as a 
visiting Physician to said Board ; whose duty it shall be 
to visit all vessels coming from any place or places in 
which the said Board shall think any contagious Sickness 
prevails ; & such Physician shall be under the Direction 
of said Board, and may be removed by them, whenever 
they shall see cause. 

And whereas by the eleventh Section of the Act of this 
Commonwealth entitled "An Act to prevent the spread- 
ing of contagious Sickness " it is Enacted, That each Town 
and District in this Commonwealth, may at their Meeting 
held in March or April annually, or at any other Meeting 
legally warned for that purpose, when they shall judge it 
to be necessary, choose and appoint a Health Committee 
in the manner and for the purposes in said eleventh Sec- 
tion mentioned. 

Sec. 15. Be it Enacted that so much of said Law as Board of Health 
respects the future appointment of a Health Committee com^mittee.^" 
for the Town of Salem, be and the same is hereby re- 
pealed, and that the Board of Health to be appointed by 
virtue of this Act, be and they hereliy are made and shall 
be the Health Committee for the Town of Salem, and be 
invested with all the powers and duties, which are granted 
to or imposed upon said Health Committee in and by said 
Act. 

Sec. 16. Be it further Enacted, That all penalties and fp^^^Kn 
forfeitures arising from this Act, except in those cases in of fines. 



350 Acts, 1799. — Chapters 15, 16. 

which it is herein otherwise provided, shall accrue to the 
use of the Town of Salem, and shall be prosecuted and 
recovered by Action of Debt in the name of the President 
of the said Board of Health, or by information in any 
Court competent to try the same. And it shall be the 
duty of the Board of Health & of each Member thereof to 
pursue & enforce the due execution of the foregoing Law, 
and prosecute all Offenders for all penalties & forfeitures 
which may accrue under the same. 

Approved June 21, 1799. 

1799. — Chapter 15. 

[May Session, ch. 15.] 

AN ACT FOR CHANGING THE NAME OF SAMUEL FLAGG THE 
THIRD TO THAT OF SAMUEL H. FLAGG. 

£e it enacted by the Senate <& House of Representa- 
tives in General Court Assembled, & by the Authority of 
the same, That from & after the passing of this Act, the 
said Samuel Flagg, the third of that name of Worcester, 
& Son of Francis Flagg of Worcester in the County of 
Worcester, shall be allowed to take tbe name of Samuel 
H. Flagg instead of his present Christian & Surname & 
shall be known & called thereby, & that the same shall, 
to all legal intents & purposes, be hereafter considered as 
the only proper name of the said Flagg, & shall avail him 
accordingly. Approved June 21, 1799. 

1799. — Chapter 16. 

[May Session, ch. 16.] 

AN ACT IN ADDITION TO THE SEVERAL ACTS FOR INCORPORAT- 
ING CERTAIN PERSONS FOR THE PURPOSE OF BUILDING A 
BRIDGE OVER MERRIMACK RIVER, BETWEEN THE TOWNS OF 
HAVERHILL AND BRADFORD IN THE COUNTY OF ESSEX, AND 
FOR SUPPORTING THE SAME. 

Preamble. Whereas the Proprietors of the Haverhill Bridge have 

repi'esented to the General Court, That the comj)ensation 
they derive from (he present Toll is inadequate, and pray 
for an enlargement of the Toll over said Bridge: 

Be it Enacted by the Senate and House of Rejyresenta- 
tives in General Court assembled & by the authority of the 
same. That the following rates of Toll be and hereby are 
established for the benefit of said Proprietors, in addition 
to the Rates of Toll established by an Act passed February 
one thousand, seven hundred & ninety seven, entitled an 



Acts, 1799. — Chapter 17. 351 

Act in further addition to an act entitled An Act for in- 
corporating certain persons for the purpose of building a 
Bridge over Merrimack River between the Towns of 
Haverhill and Bradford in the County of Essex, and for 
supporting the same, passed March one thousand, seven 
hundred and ninety three : — For each foot Passenger one 
cent; for each Horse and Rider one cent five milles ; for Additional ton, 
each additional Rider one cent ; for each Cart or other 
Carriage of burthen drawn by one Beast, two cents five 
milles ; for each Waggon, Cart or other Carriage of 
burthen, drawn by two beasts, seven cents five milles ; for 
each additional Beast one cent ; for each Coach, Chariot, 
Phaeton, or other Four-wheel Carriage for Passengers, 
seven cents ; for each Curricle three cents ; for each 
Horse or Neat Cattle, exclusive of those rode on or in 
Carriages, one cent ; for each Sheep or Swine five milles ; 
for a Wheel Barrow or Hand Cart with one person, one 
cent ; for each Horse and Chaise, Chair or Sulkey four 
cents five milles. Provided nevertheless That the increase Proviso, 
of Toll granted by this Act, shall & may from time to 
time • be regulated by the Legislature of this Common- 
wealth at their discretion. Approved June 21, 1799. 



1799. — Chapter 17. 

[May Session, ch. 18.] 

AN ACT TO SET OFF SUNDRY PERSONS FROM THE TOWN OF 
CARVER, & ANNEX THEM TO THE FIRST PARISH IN MIDDLE- 
BOROUGH, IN THE COUNTY OF PLYMOUTH. 

Be it Enacted by the Senate & House of Representatives 
in General Court Assembled & by the Authority of the 
same, That John Sampson, Isaac Shaw, Isaac Morse jun ; 
John Bryant, Joshua Perkins & Elkanah Shaw, inhabitants 
of Middleborough, in the County of Plymouth, who were 
formerly set off from said Middleborough to the town of 
Carver for parochical purposes only, be & they hereby are 
set off from the said Town of Carver, & again annexed to 
the First Parish in the town of Middleborough, together 
with their Polls & Estates, & shall in future be considered 
as belono-ino; to said First Parish in Middleborousrh to all 
intents & purposes as though they never had been set off 
therefrom ; Provided nevertheless, that they pay all taxes 
already legally assessed upon them in the same manner as 
though this Act had not passed. 

Approved June 21, 1799. 



352 



Acts, 1799. — Chapters 18, 19. 



1799. — Chapter 18. 

[May Session, ch. 19.] 

AN ACT FOR SETTING OFF CYRUS BUCK & LEVI STOCKWELL & 
THEIR FAMILIES & PART OF THEIR ESTATES FROM THE TOWN 
OF CHESTER, & ANNEXING THEM TO THE TOWN OF WORTH- 
INGTON, IN THE COUNTY OF HAMPSHIRE. 

Be it Enacted hy the Senate & House of Representatives 
in General Court Assembled & by the Authority of the 
same, That the said Cyrus Buck & Levi Stockwell, to- 
gether with their Families & that part of their Estates 
known and distinguished by Lots, Numbers twenty eight 
& twenty nine in the second Division of Lots in said 
Town of Chester, be, & the same are hereby set oflf from 
the said Town of Chester, & annexed to the Town of 
Worthington, there to enjoy Town privileges, & to pay 
Town charges that may arise therein ; provided that the 
said Cyrus & Levi be held to pay their just proportion 
of all Taxes & Debts now due from the Town of Chester 
in the same manner as they would have done had this Act 
not have been made. Approved Jane 21, 1799. 



Former law 
extended to 
Chatham. 



No shell fish 
except clams 
and horse-feet 
to be taken. 



1799. — Chapter 19. 

[May Session, ch. 20.] 

AN ACT. IN ADDITION TO AN ACT, ENTITLED, AN ACT TO PRE- 
VENT THE DISTRUCTION OF OYSTERS & OTHER SHELL FISH 
IN THIS COMMONWEALTH. 

Be it enacted by the Seriate & house of Representatives, 
in General Gourt assembled, <& by the AutJiority of the 
same, That all the provisions, restrictions & penalties of 
So Proceedings directed in the said Act, passed in the 
year of our Lord, one thousand seven hundred & ninety 
Six, be & the same are hereby extended to the Town of 
Chatham in the County of Barnstable. 

And be it further enacted, That no fisherman, or any 
other person, shall take from the Town of Chatham any 
shell fish for bait, or other use, except clams, & a shell 
fish commonly known by the name of horse feet, & not 
to exceed Seven Bushells of clams, including the Shells, 
nor more than one hundred of said fish, commonly called 
Horse feet, in one week, to each Vessel or Craft, they 
procuring a permit as set forth in the Act aforesaid, any 
thing in the said Act, to which this is an Addition, Not- 
withstanding. Approved June 21, 1799. 



Acts, 1799. — Chapters 20, 21. 353 

1799. — Chapter 30. 

[May Session, ch. 21.] 

AN ACT TO EXPLAIN AN ACT ENTITLED, "AN ACT AGAINST 
HAWKERS, PEDLARS, & PETTY CHAPTVIEN." 

WTiei^eas doubts have arisen whether the said Act ex- Preamble. 
tends to the Haivkers & Pedlars of Indigo & Feathers, as 
the same are the growth & production of the United States ; 

Be it therefore enacted by the Senate & House of Rep- 
resentatives, in General Court assembled, & by the Au- 
thority 0/ the same, That every hawker, pedlar, petty Penalties es- 
Chapman, or other person, who shall, from & after the tTawkers^f 
first day of August next, go from town to town, on foot F^itherTlnd to 
or with a horse or horses, or otherwise, carrying to sell, those who 
or exposing to Sale, any Indigo or Feathers, shall incur 
the penalties &, forfeitures, & shall & may be prosecuted, 
convicted & fined in the way & manner, & by the proc- 
esses, which are pointed out in the Act aforesaid passed 
on the ninth da}'' of June, One thousand seven hundred & 
eighty five. And all persons, whether tavernors. Ale- 
house keepers, common victuallers or retailers, who shall, 
from & after the first day of August next, knowingly 
harbour & entertain any such hawker, pedlar, or petty 
Chapman of Indigo or Feathers, shall incur the same pen- 
alties & forfeitures, to be recovered in the same way & 
manner, as is provided in the Act aforesaid, against per- 
sons who shall entertain Hawkers, pedlars & petty Chap- 
men. 

Sect. 2. Be it further enacted,T\\aX the Secretary be, secretary 
& he hereby is directed forthwith to cause this act to be ^'''"*^'^- 
printed in the Newspaper printed by the Printers of the 
General Court in the Town of Boston. 

Apioroved June 21, 1799. 

1799. — Chapter 21. 

[May Session, ch. 17.] 

AN ACT FOR ESTABLISHING A CORPORATION BY THE NAME OF 
. THE SIXTH MASSACHUSETTS TURNPIKE CORPORATION. 

W/iereas the highioay leading from Amherst, through Preamble. 
Pelham, Greemoich, Hardwick, New Bra\\'\ntree, Oak- 
ham, Rutland, Holden, and Worcester, to the great road 
in Shrewsbury, which leads from Neiv York to Boston, is 
rocky, and mountainous; and the expence of making and 



354 



Acts, 1799. — Chapter 21. 



Persons 
incorporated. 



Corporate 
name. 



"Width of road. 



Road to satisfy 
Committee of 
Courts of 
Sessions. 



Toll Gates. 



Toll. 



maintaining the same, so that it may he convenient for 
hor'ses and carriages is mucJi greater than reasonably 
ought to be required of the inhabitants of said Toivns. 

Sec. 1. Be it therefore Enacted by the Senate, and 
House of Representatives in Gerieral Court assembled, 
and by the authority of the same, that Jonathan Warner, 
Samuel Parkman, Josiah Knapp, Edward Blake jun., 
Aaron and Charles Davis, Spencer Field, Stephen Rice, 
William Cutler, Paul Mandell, Moses Mandell, Francis 
Blake, Moses White, Richard Kelly, Jonas Howe jun., 
Ebenezer Mattoon jun. Medad Dickerson, Daniel Walker, 
Thomas Powers, Roger West, Robert Field, Nehemiah 
Hinds, John Rankin, William Conkey, Isaac Abercrombie, 
Artemas Howe, Jesse Allen, Joseph Chadwick, Timothy 
Parker, Isaac Hobart, John Dodds, Jonathan Danforth, 
William Henry, Abner Conant, .lames Lawton, Seth 
Pierce, and Jason Mixter, and all such persons as shall be 
associated with them, and their Successors, be, and they 
hereby are constituted a Corporation by the name of the 
Sixth Massachusetts Turnpike Corporation, for the pur- 
pose of laying out, and making a Turnpike Road from the 
East line of Amherst on the County Road, near William 
Bretons House, through said Towns to the great road in 
Shrewsbury aforesaid, and making the same in such place 
or places as the said Corporation shall choose, and for 
keeping the same in repair ; which road or turnpike shall 
not be less than four rods wide, and the path for travel- 
ling not less than eighteen feet wide in any place : And that 
when said Turnpike Road shall be suiBciently made and so 
approved of by a Committee appointed by the respective 
Courts of General Sessions of the Peace for the Counties 
of Worcester and Hampshire for that purpose, then the 
said Corporation may, and shall be authorized to erect 
five Turnpike Gates on the same, in such manner, and 
form as the said Corporation shall judge necessary and 
convenient for collecting Toll, one of which Gates shall be 
near the dwelling house of Mr. Christopher Patten in 
Pelham, one other near the dwelling house of Zephaniah 
Spooner in Hardwick ; one other in Oakham ; one other 
near the dwelling house of Daniel Bartlett in Rutland ; and 
the other in such place as said Corporation shall choose : 
And shall be entitled to receive of each Traveller or Pas- 
senger, at each of said Gates ; the following rate of Toll, 
viz. For every coach, Phaeton, Chariot, or other four 



Acts, 1799. — Chapter 21. 355 



Wheel Carriage, drawn by two horses, twenty five Cents, 
and if drawn by more than two horses, an additional sum 
of four cents for each horse ; for every Cart or Waggon 
drawn by two Oxen, or Horses twelve and a half Cents, 
and if drawn by more than two oxen or horses, an addi- 
tional sum of three cents for each horse or Ox : For every 
Curricle sixteen cents : For every chaise, chair, or other 
carriage drawn by one horse twelve and a half Cents : For 
every man and horse, five cents ; For every sled or 
sleigh drawn by two Oxen or horses, nine cents ; If drawn 
by more than two oxen or horses, an additional sum of 
three cents for each horse or Ox : For every sled or 
,sleigh drawn by one horse six cents : For all horses, 
mules, Oxen, or neat Cattle led or driven, besides those 
in teams and carriages, one cent each : For all sheep or 
swine at the rate of three cents for one dozen, provided^ Proviso, 
that said Corporation may, if they see fit commute the rate 
of Toll with any person or persons by taking of him or 
them a certain Sum annually to be mutually agreed on in 
lieu of the Toll aforesaid. 

Sec. 2d. Be it further Enacted, that said Corporation corporation 
may purchase and hold land over which they may make ™^^ 
said Hoad, and the justices of the Court of General Ses- Justices of the 
sions of the Peace in the County, where said road may be, directed. 
are hereby authorized on application of said Corporation 
to lay out such road, or any part thereof within their 
respective Jurisdiction, as with the consent of said Corpo- 
ration, they shall think proper: And the said Corpora- corporation 
tion shall be liable to pay all damage that shall arise to for damagL in 
any person by taking his land for such road, where the t'*""^ •^°'^«- 
same cannot be obtained by mutual agreement, to be esti- 
mated by a Committee appointed by the said Court of 
General Sessions of the Peace, saving to either party, the 
right of trial by Jury, according to the Law, which makes 
provision for the recovery of damages arising from the 
laying out of Highways. 

Sec. 3. Be it further Enacted, that if the said Cor- Penalty for 
poration, or their toll gatherer, or others by them em- sengeS^^" 
ployed, shall unreasonably delay or hinder any traveller, ton?''°^ ^^'"^^ 
or passenger at either of said Gates, or shall demand or 
receive more Toll than is by this Act established, the Cor- 
poration shall forfeit and pay a Sum not exceeding ten 
dollars nor less than two Dollars, to be recovered before 
any Justice of the Peace of the County, where the ofience 



356 



Acts, 1799. — Chapter 21. 



Process for 
recovery. 



Corporation 
to be liable for 
damages by 
defects in their 
bridges or road. 



Penalty for 
damaging road 
or forcibly 
passing. 



Penalty for 
evading toll. 



Provision in 
favor of passen 
gers on certain 
occasions. 



Shares to be 
considered 
personal 
estate. 



may be committed by any person injured, delayed, or de- 
frauded in a special action of the case ; the writ in which 
shall be served on said Corporation by leaving a Copy of 
the same, with the treasurer, or with some individual 
Member of said Corporation, living in the County where 
said action may be brought, or by reading the same to the 
said Treasurer or individual member, at least seven days 
before the day of trial ; and the Treasurer of said Corpo- 
ration, or individual member, shall be allowed to defend 
the same suit in behalf of said Corporation : And the 
said Corporation shall be liable to pay all damages,^ that 
shall happen to any person from whom the Toll is de- 
mandable for any damage, which shall arise from the 
defect of Bridges, or want of repairing said ways, and 
shall also be liable to presentment by the Grand jury for 
not keeping the same in good repair. 

Sec. 4. Be it further Enacted^ That if any person 
shall cut and break down or otherwise destroy any of the 
said gates, or shall dig up or carry away any Earth from 
said Road, or in an}' manner damage the same, or shall 
forcibly pass or attempt to pass by force said Gates, with- 
out having first paid the legal Toll at such Gate, such per- 
son shall forfeit and pay a Fine not exceeding Fifty 
Dollars and not less than Ten, to be recovered by the 
Treasurer of said Corporation, to their use, in an Action 
of Trespass, or of the case ; and if any Person with a Team, 
Cattle or Horses turn out of said Road to pass any of 
the Turnpike Gates aforesaid, and again enter said Road, 
with an intent to avoid any Toll established as aforesaid, 
such person shall forfeit and pay three times as much as 
the legal Toll at such Gate or Gates established as afore- 
said, to be recovered by the Treasurer aforesaid to the use 
aforesaid by an Action of Debt. Provided that nothing 
within this Act shall extend to entitle the said Corpora- 
tion to demand or receive Toll of any person who shall be 
passing with his horse or carriage to or from public Wor- 
ship ; or with his horse, team or cattle to or from his 
common labor, or to or from any Mill, or on the common 
or ordinary business of Family concerns within the said 
Town, or from any Person or Persons passing on Military 
duty. 

8ec. 5. Be it further Enacted^ That the Shares in said 
Road, shall be taken and considered as personal estate to 
all intents ; and shall be transferable by Deed duly ac- 



Acts, 1799. — Chapter 21. 357 

knowledged before any Justice of the Peace and recorded 

by the Clerk of said Corporation in a Book to be kept for 

that purpose. And when any such Share shall be attached ft'tachment, &c. 

on ?nesne process, an attested Copy of such process shall for debt. 

be left at the time of the attachment, with the Clerk of 

said Corporation, otherwise the same shall be void : and 

such Shares may be taken and sold by Execution, in the 

same manner as other personal estate ; and the Officer or 

Judgment Creditor, leaving a copy of such execution with 

the return thereon, with such Clerk, within fourteen days 

after such sale, and p[r]aying for the recording thereof, 

shall be deemed a sufficient Transfer of the same. 

Sec. 6. Se it fu7'ther enacted, That the first Meeting First meeting, 
of said Corporation shall be holden at the house of Jona- 
than Warner in Hardwick aforesaid, on the tenth day of 
September next, at ten of the Clock in the forenoon, for 
the purpose of choosing all such Officers and establishing 
such rules as said Corporation may think proper. 

Sec. 7. Be it further l]Jnacted , That the said Corpo- Account of 
ration shall within six Months after the said road is com- foigedln secre- 
pleted, lodge in the Secretary's Office an account of the *"y'^°®°^- 
expences thereof; and that the said Corporation shall ^gn"fobe"*°' 
annually exhibit to the Governor and Council a true ac- submitted to 
count of the Income or Dividend arising from said Toll councu. 
with the necessary annual disbursements on said Road, 
and that the Books of said Corporation shall at all times 
be subject to the inspection of a Committee to be appointed 
by the General Court, or to the inspection of the Governor 
and Council when called for. 

Sec. 8. Be it farther Enacted, That whenever any proprietor 
Proprietor shall neglect or refuse to pay any Tax or As- [axe""^ *° ^*^ 
sessment duly voted and agreed upon by the said Corpo- 
ration, to their Treasurer, within sixty days after the time 
set for the payment thereof, the Treasurer of said Corpo- 
ration is hereby authorized to sell at public Vendue the 
Share or Shares of such Delinquent Proprietor, one or Delinquent's 
more as shall be sufficient to defray said taxes and neces- |owr'°^^ 
sary incidental charges, after duly notifying in the News- 
papers printed at Worcester and Northampton, and in the 
paper printed by the Printers of the General Court in 
Boston, the sum due on any such shares and the time and 
place of sale, at least thirty days previous to the time of 
sale ; and such- sale shall be sufficient Transfer of such 
share or shares so sold to the person purchasing the same ; 



358 



Acts, 1799. — Chapter 22. 



sign board to 
be erected. 



Corporation 
may be sued, 
have a seal, &c. 



Corporation 
may be dia- 
Bolved. 



Time for com- 
pleting Turn- 
pike limited. 



and on producing a Certificate from the Treasurer to the 
Clerk of said Corporation, — the name of such Purchaser 
with the number of shares so sold, shall be by the Clerk 
entered on the Books of said Corporation ; and such per- 
sons shall be considered to all Intents the Proprietors 
thereof, and the overplus, if any there be, shall be paid on 
demand by the Treasurer to the person whose Shares 
were then sold. 

Sec. 9. Be it further Enacted^ That the said Corpo- 
ration shall at all places where the said Toll shall be col- 
lected, erect & keep constantly exposed to view a Sign or 
Board with the rates of Toll of all the tollable articles 
fairly and legibly written thereon in large or Capital 
Characters. 

Sec. 10. And he it further Enacted, That said Corpo- 
ration may sue and be sued by said name of Incorporation, 
& may have a Common-Seal & enjoy all the powers & 
privileges, and shall be subject to all the duties & requi- 
sitions incident to such a Corporation ; & the General 
Court may dissolve said Corporation whenever it shall 
appear to their satisfaction, that the income arising from 
said Toll shall have fully compensated the said Corporation 
for all monies they may have expended in purchasing, re- 
pairing and taking care of the said Road, together with an 
interest thereon at the rate of twelve Dollars in the hun- 
dred for a year from the time of the expenditure of the 
same — and thereupon the interest in said Road shall vest 
in this Commonwealth : Provided that if the said Cor- 
poration shall neglect to complete said Turnpike Road for 
the space of four Years from the passing of this Act, the 
same shall be void and of no eflect. 

Approved June 22, 1799. 



Preamble. 



1799. — Chapter 33. 

[May Session, ch. 22.] 

AN ACT IN ADDITION TO AN ACT ENTITLED, AN ACT IN ADDITION 
TO AN ACT ENTITLED, "AN ACT FOR INCORPORATING CER- 
TAIN PERSONS FOR THE PURPOSE OF BUILDING A BRIDGE 
OVER MERIMACK RIVER IN THE COUNTY OF ESSEX AT 
BODWELL'S FALLS BETWEEN ANDOVER & METHUEN & FOR 
SUPPORTING THE SAME," PASSED IN THE YEAR OF OUR LORI> 
ONE THOUSAND SEVEN HUNDRED AND NINETY THREE. 

Whei'eas the Proprietors of Andover Bridge have rep- 
resented to this Court the inadequate compensation they 



Acts, 1799. — Chapter 23. 359 

derive from the established toll <& pray for an enlargement 
of the rates thereof, and also for the right of said Bridge, 
and the toll forever, as from the destruction of a great part 
of said Bridge they are noiv called iqjonfor additional and 
heavy expenditures, for the repair of said Bridge. 

Sect. 1. Be it enacted by the Senate and House of 
Representatives in General Court Assembled, & by the 
Authority of the same, that the following additional rates Additional ton. 
of toll of said Bridge be & hereby are established for the 
benefit of said Proprietors to wit, — For each foot passen- 
ger one cent, For each horse & one rider one cent & five 
Milles, & for each additional rider one cent. For each 
horse & Chaise, chair or Sulkey four cents & five milles, 
For each Cart, sled, or other carriage of burthen, or rid- 
ing sleigh drawn by one beast, two cents & five milles. 
For each Waggon, cart, sled, or other carriage of burthen 
drawn by two beasts, & not exceeding four beasts seven 
cents & five milles, & for each additional beast above four 
one Cent. For each Coach, Chariot, phaeton, or other 
four wheel Carriage for passengers seven Cents ; for each 
Curricle three Cents. For each horse or neat cattle, ex- 
clusive of those rode, or in carriages one cent, for sheep 
or swine five Milles each ; For each wheel-barrow, or 
hand-Cart, with one person one cent. Provided never- Proviso. 
theless, that after the expiration of Twenty five years from 
the passing of the Act, originally incorporating the said 
Proprietors, the rates of toll of said Bridge, shall be sub- 
ject to the regulation of the Legislature of this Common- 
wealth. 

Sect. 2. And be it further enacted, that the said ?'i^|V/opril 
Bridge, & the lawful toll thereof, be & are hereby vested tors forever. 
in said Proprietors, their heirs, successors, & assigns 
forever, any law to the contrary notwithstanding. 

Approved June 22, 1799. 

1799. — Chapter 23. 

[ilay Session, ch. 23.] 

AN ACT TO INCORPORATE THE WESTERLY PART OF THE TOWN 
OF BOWDOIN IN THE COUNTY OF LINCOLN INTO A SEPERATE 
TOWN BY THE NAME [OF] THOMPSONBOROUGH. 

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 the westerly part of the Town Boundaries. 



360 



Acts, 1799. — Chapter 23. 



Incorporated. 



To pay propor- 
tion of taxes, 
support certain 
poor, &c. 



To have a 

moiety of the 
property. 



First meeting. 



of Bowdoin, as described in the following limits to wit, — 
Beginning at the Northwest corner of the Town of Tops- 
ham, at Little River, and running up said Little River 
about one mile to what is called Bowdoin's road ; then 
running westward on said Road about eiofht or ten rods to 
a large pine tree, marked with the Letter Q, it being the 
Southeast corner of what is called Whittemore's Lot, and 
thence running North North-East to the North line of 
said Town, said line being about a center line of the said 
Town of Bowdoin, together with the Inhabitants thereon 
be and hereby are incorporated into a Town by the name 
of Thompsonborough, with all the powers, privileges and 
immunities to which Towns are or may be entitled agree- 
able to the Constitution and Laws of this Commonwealth. 

Sect. 2. And be it further Enacted, That the said 
town of Thom[j»]sonborough shall pay their proportionate 
part of all arrears of State, County, Town or other taxes 
which have been already assessed, or debts due from the 
town of Bowdoin — and shall support any poor person or 
persons who have heretofore been, or now are Inhabitants 
of that part of the Town of Bowdoin, which is hereby in- 
corporated, and are or may become chargeable, and who 
shall not have obtained a settlement elsewhere ; and such 
poor person or persons shall be considered as Paupers be- 
longing to the town of Thom[79]sonborough and be sup- 
ported accordingly. 

Sect. 3. Be it further Enacted, That the said Town of 
Thom[_^9]sonborough shall be entitled to an equal moiety 
of all debts due to the Town of Bowdoin, and all Town, 
Parish or School Lands or any other public property 
which belonged to the Town of Bowdoin prior to the pass- 
ing of this Act. Provided also that until another Valua- 
tion shall be taken, the future State & County Taxes laid 
on said Town, shall be assessed and paid in equal moieties 
according to the last Valuation of the Town of Bowdoin. 

Sect. 4. Be it further Enacted, That Ezekiel Thomp- 
son Esqr. be and he is hereb}^ authorized to issue a War- 
rant directed to some suitable Inhabitant of the said Town 
of Thompsonborough, requiring him to notify and warn 
the Inhabitants thereof to meet at some convenient time 
and place to choose such Officers as towns in this Com- 
monwealth are entitled to choose in the Months of March 
or April annually. Approved June 22, 1799. 



Acts, 1799. — Chaptees 24, 25. 361 



1799. — Chapter 34. 

[ilay Session, ch. 24.] 

AN ACT TO SET OFF NOAH FULLER FROM THE FIRST PRECINCT 
IN REHOBOTH, TO THE SECOND PRECINCT IN SAID TOWN. 

Be it Enacted by the Senate & House of Rejoresentatives 
in General Court Assembled & by the Authority of the 
same. That Noah Fuller with his Family & that part of 
his Estate which now lies within the First Precinct in 
Eehoboth, be & he hereby is set oflf from said First Pre- 
cinct, & annexed to the Second Precinct in said Town, 
there to do parochial & precinct duty & receive privileges ; 
provided, that the said Noah shall pay to the said First 
Precinct all Taxes now lawfully assessed on him, in the 
same manner, as he would have been holden to do, had 
not this Act passed. Apinoved June 22, 1799. 

1799. — Chapter 25, 

[May Session, ch. 25.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS OF 
THE TO"WNS OF CANAAN, CLINTON, & FAIRFIELD IN THE 
COUNTY OF KENNEBECK, INTO A DISTINCT RELIGIOUS 
SOCIETY, BY THE NAME OF THE CLINTON BAPTIST SOCIETY. 

Sect. 1. Be it enacted by the Senate and house of 
Representatives in General Court assembled (& by the Au- 
thority of the same, that Mephibosheth Cain, Elder, Joseph Members' 
Spearen, John Spearen, John Spearen Junr., John Bur- °*™^ ' 
rell. Dean Wyman, Asa Pratt, James Pratt, John Shaw, 
Phillip Wing, David Kimbal, James Goodwin, George 
Fitzgerald, Stephen Goodwin, Miles Goodwin, David 
Kendal, William Spearen, Frederick Jakins, David Pratt, 
Robert Hood, Solomon Wheeden, Nathaniel Burrel, 
Christopher Webb, William Carson, Levi Powers, 
Ephraim Carson, John Hood, Levi Powers Junr. Wil- 
liam Steward junr. Butler Lumbard, Joseph Mills, 
John Fowler, Samuel Varnum, Phillip Powers, John 
Noble, Matthew Chase, Benjamin Noble Junr. David 
Pearson, Joseph Towns, John Mandall, Jonathan 
Steward, James Webb, Elam Pratt, Levi Emery, Ziba 
Burrel, Varnum Chase, Ezekiel Chase, Rueben Wyman, 
Daniel Goodwin, Benjamin Spearen, Isaac Lawrance, 
Frances Powers, Daniel Oaks, James Steward, Mordecia 



362 



Acts, 1799. — Chapter 25. 



Corporate 
name. 



How to become 
a member. 



Proviso. 



How to leave 
the Society. 



First meeting. 



Moors, & Hemond Atwood, the members of a religious 
Society, together with their polls & estates be, & they 
hereby are incorporated by the name of the Clinton Bap- 
tist Society, with all the privileges, powers, & immunities, 
to which. Parishes are by law entitled in this Common- 
wealth. 

Sect. 2. And be it further enacted, that any person 
in either of the towns of Canaan, Clinton and Fairfield, 
aforesaid, being of the Baptist denomination of Christians, 
who may at any time hereafter actually become a member 
of, & unite in their religious worship with the said Clinton 
Society, and give, in his or her name, to the Clerk of the 
Town or Parish, to which he or she belongs, with a cer- 
tificate, signed by the minister or Clerk of said Society, 
that he or she has actually become a Member of, & united 
in religious worship, with the said Society in Clinton 
aforesaid, fourteen days previous to the Town or Parish 
meetings therein, to be held in the months of March or 
April annually, shall from & after giving such Certifi- 
cate with his or her polls &, estates, be considered as a 
member of said Society. Provided however, that such 
person shall first pay his proportion of all money, assessed 
in the Town or Parish, to which he or she belonged pre- 
vious to that time. 

Sect. 3. And he it further enacted that when any 
member of said Baptist Society, 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 certifi- 
cate signed by the Minister or Clerk of the Parish or other 
incorporated 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 pre- 
vious 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 certificate, with his or her polls & estates be con- 
sidered as members of the Society to which he or she has 
so united. 

Sect. 4. And he it further enacted that Nathaniel 
Dummer Esquire be, & he is hereby authorized to issue 
his warrant directed to some member of said Society, re- 
quiring him to notify all the members thereof qualified to 



Acts, 1799. — Chapter 26. 363 

vote in Parish affairs to assemble at some suitable time & 
place in said Town of Clinton to choose such officers as 
parishes are by law required to choose in the Months of 
March or April annually, and to transact all other matters 
& things necessary to be done in said Society. 

Approved June 22, 1799. 

1799. — Chapter 36. 

[May Seesion, ch. 26.] 

AN ACT, IN ADDITION TO AN ACT ENTITLED, "AN ACT TO PRE- 
VENT FRAUD IN FIRE-WOOD, BARK OR COAL, EXPOSED TO 

• SALE," MADE AND PASSED MARCH SEVENTH, ONE THOUSAND 
SEVEN HUNDRED AND NINETY SEVEN. 

Sec I. Be it Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That all Cord-wood brought in by wood to be 
water into any Town or District for sale, shall be meas- thrwha^rve°. 
ured by a Measurer duly appointed and sworn, as directed 
in said Act ; & in order thereto, the AVood, so brought in, 
shall be corded and piled by itself upon the wharf or land 
whereon the same shall be landed, in ranges, making up 
in heio;hth what shall be wantins^ in leng-th : at which time 
it shall be so measured and a Ticket given to the purchaser, 
who shall be obliged to pay the stated fees or allowance 
for such service as appointed by the Selectmen. 

Sec. II. Be it further Enacted, That every Wharf- f^Tofshed ^fth 
inger, Carter or Driver that shall cart or carry any Fire- tickets, and to 

__ _ 8l1GW t nftm. 

Wood from any Wharf or landing-place in any Town or when de. 
District, shall be furnished by the Owner or Seller of such '"'"' 
wood, with a Ticket certifying the quantity the Load con- 
tains, and the name of the Driver. And if any Fire-wood 
shall be carted or carried as aforesaid, without such 
Ticket accompanying the same ; or if any Driver shall re- 
fuse to produce and shew such Ticket on demand, to any 
Measurer duly sworn as aforesaid, or his consent to have 
the same measured ; or if such Tickets shall certify a Penalty, 
greater quantity of Wood than the Load contains in the 
opinion of the Measurer aforesaid, after measuring the 
same, such Wood shall be forfeited and seized, two thirds 
to the use of the poor of the Town where offered for sale, 
& the other one third to the Measurer, or whoever shall 
prosecute for the same ; to be recovered as the other for- 
feitures in said Act are directed to be recovered. Pro- Proviso. 



364: 



Acts, 1799. — Chapters 27, 28. 



vided neve7'theless, That nothing herein contained shall be 
construed to extend to any person or persons who shall 
transport or cart, or cause to be transported or carted, 
from any Wharf or Landing-place, to his or their own 
Dwelling houses or Stores, any Cord- Wood, which he or 
they shall have purchased on such Wharf or Landing 
place, or shall have landed thereon upon his or their own 
account. 
faw'repeater"' Sec. III. Be it further Enacted, That the proviso in 
the third Section, and the Proviso in the sixth Section, 
in said Act, be and they hereby are repealed. 

Approved June 22, 1799. 



Two turnpike 
gates allowed, 
with toll. 



1799. — Chapter 21. 

[May Session, ch. 29.] 

AN ACT IN ADDITION TO AN ACT ESTABLISHING THE WILLIAMS- 
TOWN TURNPIKE CORPORATION. 

Be it enacted by the Senate (& House of Representatives 
in General Court Assembled & by the Authority of the 
same, that when the Turnpike road provided for, in the 
Act, to which this is an addition shall be allowed and 
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 two turnpike 
Gates on the same in such manner & at such places as the 
said Court shall direct, And that at each of said Gates the 
Corporation shall be entitled to receive from each traveller 
and passenger the same rate of Toll as is provided in the 
Act aforesaid. Ap2:)roved June 22, 1799. 



Mill exempted 
from taxes. 



1799. — Chapter 28. 

[May Session, ch. 27.] 

AN ACT TO ENCOURAGE THE ESTABLISHMENT OF A COTTON MILL 
IN THE TOWN OF REHOBOTH. 

Whereas Samuel Slater has petitioned this Legislature 
stating his intention to establish a Gotton Mill in the Town 
of Rehoboth in this Gommonwealth and praying an ex- 
emption from taxation for a certain time. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same: That all buildings, which may be erected in 
said Town for the purpose of a Cotton Mill, together with 



Acts, 1799. — Chapter 29. 365 

the materials and stock employed in the manufacture of 
Cotton, be and they are hereby exempted from taxes of 
every kind during the term of seven years from the first 
day of April next. Approved June 22, 1799. 



1799. — Chapter 29. 

[May Session, ch. 28.] 

AN ACT TO INCORPORATE A RELIGIOUS SOCIETY BY THE NAME 
OF THE EPISCOPAL PARISH IN MARBLEHEAD. 

Sec. 1. Be it Enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, that the Proprietors of the appro- Proprietors of 
priated Pews in the Church usually called St. Michael's corp^o^rlted!' 
Church in Marblehead in the County of Essex shall be and 
they hereby are incorporated, and they and all who shall 
become proprietors of the Pews aforesaid, or in any other 
building, which shall be provided and maintained by the 
same religious society for their public worship, shall be 
and continue a body politic and corporate, by the name 
of the Episcopal Parish in Marblehead ; and by that Name 
may sue, and be sued, and shall be capable, to take and 
hold, any real and personal estate, and by their wardens 
and vestry, and any other their officers or agents, to man- 
age, sell, transfer, and dispose of the same according to 
the rules and regulations which shall be established by the 
said Parish : And the said Corporation shall have a com- common seal 
mon seal whereby their grants, and all other their acts 
and proceedings may be made or certified, and which seal 
they may alter and renew at their discretion : Provided, 
that the real estate of the said corporation, besides their 
Church and Church-yard, shall not exceed the sum of one 
thousand dollars annual income, or value ; and provided. Restriction 

rdfttivG to 

that no sale, or disposal of any part of their real estate estate. 
shall be valid, unless their minister, if any, and two thirds 
at least of the members for the time being of the said 
Parish shall concur therein. 

Sec. 2d. And be it further Enacted, that the build- ^^%?euiy1ested 
ing called St. Michael's Church with the yard thereof and in tiie society. 
the messuage in the occupation of the Revd. William 
Harris present minister of the said Church, situate in 
Marblehead aforesaid, and all other the real estate of the 
said religious Society, and their personal estate now law- 



366 



Acts, 1799. — Chapter 29. 



Proviso. 



OfficerB to be 
chosen — and 
rules, Sec. estab- 
lished. 



Taxes to be 
•ordered for 
support of the 
minister, &c. 



fully possessed or claimed by them shall be, and hereby 
are vested in the said Episcopal Parish in Marblehead. 
Saving that the appropriated Pcavs of the said Church 
shall remain to the individual owners as heretofore, and 
provided that the said Episcopal Parish and the estates 
and property hereby vested in them shall be and continue 
answerable and liable for all and singular the debts, con- 
tracts and duties of the proprietors of the said Church 
called Saint Michael's and of the Lands and Glebe be- 
longing therewith. 

Sec. 3d. And be it further Enacted, that the said 
Parish at their first meeting, which shall be convened 
pursuant to this act, and again on the Easter Monday 
next following, and afterwards annually on the Easter 
Monday of every year, or at any adjournments of those 
meetings respectively shall and may appoint two or more 
Church- Wardens and five or more vestry men, a treas- 
urer and recording clerk, and such other officers as they 
shall think necessary for the management of their con- 
cerns, to continue untill others shall be chosen in their 
Place ; and at any such meeting may supply the vacancy 
of any office and may establish suitable bye laws and rules 
for the Government of the said Corporation, and to de- 
termine the manner in which their annual and all other 
meetings shall be notified and convened, and the forms of 
proceeding and voting thereat, and the respective author- 
ities and duties of their officers and agents. 

Sec. 4. And be it further Enacted, that at such first 
meeting and afterwards at each annual meeting, or at any 
adjournment of the same respectively, the said Parish may 
make and order reasonable taxes and assessments for the 
support of their minister, and public worship, and the 
preservation and improvement of their Church, Glebe, 
and Estate ; and may direct the same to be levied either 
upon the appropriated Pews of their Church, or partly 
upon such pews, and partly upon the owners thereof, 
and upon the occupants of any other Pews of the said 
Church, who shall usually attend public worship therein, 
according to the rateable ability of such owners and oc- 
cupants : And for the purpose of such assessment upon 
the Pews, there shall be a valuation of the same accord- 
ing to size and situation, to be taken and occasionally re- 
vised, as the said Parish shall direct : And the Sum to be 
levied thereon shall be apportioned according to the valu- 



Acts, 1799. — Chapter 29. 367 

ation of the appropriated Pews, at the time such assess- 
ment shall be voted, which apportionment shall be made 
by the Wardens and Vestry for the time being of the said 
Parish. 

Sec. 5. And be it further Enacted, that whenever a Rateabiiuy, 
part of such annual assessment shall be agreed and voted estimated. 
to be levied upon the owners, and occupants of Pews ac- 
cording to their rateable ability, they shall be estimated 
therefor and the same shall be apportioned by the War- 
dens and Vestry of the said Parish according to the esti- 
mate of the same persons, their Poll excepted; in the 
assessment of any public Tax, w^hich shall have been made 
in the said Town next preceding the vote for such Parish 
Assessment : And no Error by the enumeration of occu- 
pants not liable, or the neglect of occupants liable, shall 
vitiate or annul such assessment in respect to those per- 
sons who shall be otherwise duly assessed. 

Sec. 6th. And he it further Enacted, that the appor- Asaessmentto 
tionment of every assessment which shall be voted by the and cenm^d. 
said Parish shall be recorded by their clerk, and by him 
shall be certified to their Treasurer, who shall thereupon 
notify the same by posting a Copy thereof at the door of 
their Church ; and after the expiration of six months from 
such notice, every assessment not paid may be demanded 
of the party liable therefor, either personally, or by a note 
thereof in writting to be left at his or her usual abode ; 
and after one month therefrom, if such assessment shall ?lt^fj *f !!?,'„u 

' ments on wnicn 

remain unpaid, the Pew liable therefor may be taken by shaiinotbe 
the said wardens and vestry as forfeited to the said Par- soid.*'"''^ 
ish, and may be sold for the payment of all arrears, as 
they shall agree and direct : And the part of such assess- 
ment, if any, which shall be upon any owner, or occupant 
of a pew as aforesaid and liable therefor which shall re- 
main unpaid after notice as aforesaid shall be recoverable 
by the said Parish as their proper debt, and they may sue 
for the same accordingly. 

Sect. 7. Provided and he it further Enacted, that Persons not to 
whenever any proprietor as aforesaid shall in writting to taxes in certain 
be delivered to either of the Wardens, or to the recording '^^^^^' 
clerk of the said Parish surrender to them, his or her pew, 
or other interest in the Church, and whenever any occu- 
pant shall in like manner notify that he withdraws from 
the said Parish, such proprietor or occupant shall not be 
personally liable in any assessment which shall be after- 



368 



Acts, 1799. — Chapter 30. 



wards voted by the said Parish, unless their connection 
with the same shall be renewed. 
First meeting. Seq, grpH. And be it further Unacted, that the first 
meeting of the said Parish may be convened by Virtue of 
the warrant of any Justice of the Peace in the said County, 
directed to any principal member of the said Corporation 
and appointing a suitable time, when such meeting shall 
be holden at the said Church. And the same shall be 
notified by posting a copy of the warrant at the door of 
the said Church and at one other public place in the said 
Town, fifteen days at the least previous to the said meet- 
ing. Approved June 22, 1 799. 



Above fifty 
pounds not to 
be weighed 
with steelyards. 



Penalty. 



1799. — Chapter 30. 

[May Session, ch. 30.] 
AN ACT TO REGULATE THE WEIGHING OF BEEF AND PORK. 

W7iei'eas great inconveniences have arisen from the un- 
certain mode of weighing 2^'>^ovisions by steel yards: 

Be it Enacted by the Senate and House of liepresenta- 
tives, in General Court assembled, and by the authority of 
the same. That from and after the first day of October 
next, no beef, or Pork shall be weighed by the owners or 
keepers of any slaughter houses, Stores or warehouses, or 
by any persons under their direction or controul in said 
houses, in any greater quantity than fifty pounds, except 
in Scales and with weights duly sealed, according to the 
Act passed in the fourth year of William and Mary, en- 
titled, "An Act tor due regulation of weights and meas- 
ures, " and every owner or keeper of any slaughter house, 
store or ware house, or any person or persons by their 
direction, or under their controul in said houses, who 
shall weigh an}'- Beef or Pork in any greater quantity than 
fifty pounds, by steel yards, or in any other way than by 
scales and weights, duly sealed as aforesaid, shall, for 
every such ofience, forfeit and pay the Sum of ten Dol- 
lars, to be recovered by action of the case, before any 
Court competent to try the same, by any person who shall 
first sue for the same, one half to the use of the person 
who shall sue as aforesaid, and the other half to the use 
of the poor of the town, in which such olfence shall be 
committed. Approved June 22, 1799. 



Acts, 1799. — Chapter 31. 369 



1799. — Chapter 31. 

[May Session, ch. 31.] 

AN ACT TO REGULATE THE PAVING OF STREETS IN THE TOWN 
OF BOSTON, AND FOR REMOVING OBSTRUCTIONS IN THE SAME. 

Sect. 1. Be it enacted by the Senate & House of 
Representatives, in General Court Assembled, & by the 
Authority of the same, That all streets shall hereafter be 
paved in the Town of Boston, agreeable to the following 
regulations, vizt. 

The foot path or walk, on each side of every street, Foot-waik to be 
shall be of the breadth of one sixth part of the width of street's width 
the whole street ; & shall be laid or paved with bricks or ""'^ ^^''^^' 
flat stones, & secured with a beam or Cut stone along the 
out side thereof. And the middle or remaining four sixths 
of every street shall remain as a passage-way for carriages 
of burthen or pleasure, and shall have a gutter on each 
side thereof, or otherwise, as the surveyors of High-ways 
in the said town shall determine ; and shall be paved 
with good & sufiicient paving stones. 

Provided always. That if in any street so to be paved, ProvisioDfor 

"^ ' "J ' ^ ^ squares and 

the sides shall not exactly range the gutter or out side ot narrow streets. 
the foot walk, shall be laid out, as nearly in a strait line 
as the street will admit of. And in all squares, & other 
large open spaces, and in all streets, the breadth of which 
shall not conform to this law, the breadth of the foot walk, 
& the asscent and descent, & the crowning of the pave- 
ment in every street shall be regulated, by the Surveyors 
of Highways. 

Sect. 2. And be it further enacted. That where the where cartway 
Cartway in any public street, shall be hereafter ordered to wa^kTo^be^auo 
be paved, every owner of the lot or lots of ground, upon v^^^^- 
such street, shall, without delay, at his own cost, cause 
the foot way in front of his ground to be paved with 
bricks or flat stones, and supported by timber or hewn 
stones, & kept in repair, the same to be done under the 
direction of & to the approbation of the surveyors of High- 
ways. And if the owner or owners of such lots shall in case of 
neglect to pave with bricks or flat stones, & to support ingtopave. 
the footway for the space of twenty days after he or the 
tenant of such lot, or the attorney of the said owner or 
owners, shall have been thereto required by any of the 
surveyors of highways; then it shall be lawful for the said 



370 



Acts, 1799. — Chapter 31. 



Provision for 

aggrieved 

individuals. 



Planks may be 
used before 
vacant lots. 



Selectmen em- 
powered to 
•widen streets, 
&c. 



Balconies, 
cellar doors, &c 
regulated. 



surveyors of highways, & they are hereby enjoined & re- 
quired to pave the said foot ways with brick or flat stones 
& to support & to defend the same, & to repair the same, 
& shall recover the whole amount thereof by action of the 
case, to be brought by the surveyors of Highways, before 
any Court proper to try the same. 

Provided nevertheless that in all cases where applications 
may be made for new paving of Streets any Individuals, 
who may be aflected thereby, may make their objections 
to the Selectmen, or surveyors of Highways, who are di- 
rected to take them into consideration, while deliberating 
on the expediency of said application, & to pave the same 
at the expence of said town wherever they shall think it 
expedient. 

Provided also, That where there are any vacant lots of 
land in any such Streets, the surveyors of Highways may, 
at their discretion, allow the ownor or owners thereof to 
cover the foot path with planks, which shall be removed, 
& the brick or flat stone pavement shall be completed 
whenever it may become necessary, in the Judgment of 
said surveyors. 

Sect. 3. And be it further enacted, that the Select- 
men of the said town of Boston for the time being, when- 
ever in their opinion the safety & convenience of the 
Inhabitants of said Town shall require it, shall be, & they 
hereby are empowered to lay out or widen, any street, 
lane, or alley of said Town, & for that purpose to remove 
any building or buildings of what nature soever ; & the 
owner or owners of such building shall be entitled to 
receive compensation for the damages which he or they 
may sustain by such removal, which damages shall be 
ascertained, determined & recovered in the way & man- 
ner pointed out in the Act of this Commonwealth entitled, 
"An Act directing the method of laying out highways." 

Sec. 4. And be it further Enacted, That no Canopy, 
Balcony, Platform of Cellar-door or Step in any Street 
Lane or Alley in the Town of Boston, shall project into 
such Street more than one tenth part of the width of the 
Street ; and in no case more than three feet ; and all 
Cellar-Doors hereafter to be made or repaired, shall be 
built with upright Cheeks, and shall not project from the 
line of the House more than six inches. And if any Pro- 
prietor or Owner of any such Canopy, Balcony, Platform 
or Cellar-Door or Steps, shall refuse or neglect to remove 



Acts, 1799. — Chapter 31. 371 

or take down the same, within five days after notice & 
direction given him or them by the Surveyors of High- 
ways, or any person empowered by them to that purpose, 
such Owner or Proprietor shall forfeit and pay the sum of 
Two Dollars for each and every day the same shall remain 
after the expiration of the said five days. 

Sec. 5. And be it further Enacted, That no Post shall ^TtolTeVeun 
be erected or set in any of the Streets of the said Town f;„\"e^^t''J/^^f 
of Boston, except at the Corners or Intersection of two eurveyorsof 
Streets, and m such other places as the Surveyors oi 
Highways may authorize & direct, and the said Survey- 
ors may remove the same. And no person shall plant 
any Tree in any Street in the said Town of Boston, with- 
out leave first obtained from the Surveyors of Highways, 
who shall have power to remove the same. And if any Penalty for 
person shall drive any Horse or Cart or any Wheel-Car- rows, &c. on 
riage of burthen or pleasure, or wheel any Wheel-Barrow ^°°'-'^^'^' 
on the Foot-Walk of any Street in said town of Boston, 
such person shall forfeit & pay the sum of one Dollar for 
every such Ofience to be recovered by Action of Debt, 
in the name of the Surveyors of Highways, before any 
Justice of the Peace in the County of Suffolk. And no Direction re- 
person shall, in future, make, erect or have any Portico w^ndo"wB, &T," 
or Porch, any Bow-window, or other Window which shall 
project into the Streets of the said Town of Boston more 
than one foot beyond the front of his or her house ; or hang 
any Sign, or any Goods, Wares or Merchandize, which 
shall project into the Street more than one foot beyond 
the front of his or her house or lot. And if any person 
shall hereafter offend against this provision ; every person 
so offending shall forfeit and pay the sum of One Dollar, 
for each and every day such Portico or Porch, Bow-Win- 
dow or other Window shall be continued, after notice 
given to him by the Surveyors of Highways, or by any 
person by them authorized to that purpose. 

Sec. 6. And he it further Enacted, That if any per- Merchandize 
son or persons shall continue to place in the Street, con- fn^the %tvlei6^ 
trary to the meaning of this Act, any Goods, Wares or 
Merchandizes it shall be lawful for the Surveyors of 
Highways of the said Town of Boston, or any person em- 
powered by them, to remove such Goods, Wares and 
Merchandizes and to keep them in safe custody ; and the 
Proprietor or Owner of such Goods, Wares and Merchan- 
dize shall not have the same Goods restored, until he or 



372 



Acts, 1799. — Chapter 32. 



Carriages not 
to be left in tlie 
Btreets. 



Proviso in 
favor of 
countrymen. 



Disposal of 
fines. 



they shall have paid to the person or persons so removing 
them, all expences of removing and storing them, and a 
reasonable Compensation for the time so employed in their 
removal, as well as the fine aforesaid. And if any person 
shall place or pile any empty Boxes, Barrels, Hogsheads, 
or othe[?'] Conveniency, capable of containing Goods or 
Merchandize, or that may have contained Goods or Mer- 
chandize, in any part of the Streets of the said Town of 
Boston, more than five minutes after notice given to re- 
move the same, such person shall forfeit and pay the sum 
of Two Dollars for each and every such Offence, to be re- 
covered by Action of Debt by the Surveyors of Highways 
before any Justice of the Peace in the said County. 

Sec. 7. And be it further Enacted, That if any Driver, 
Owner or person, having the ordering or care of any Cart, 
Waggon, Stage or Hackney Coach, Stage-Waggon or 
other Carriage, new or old, finished or unfinished, shall 
suffer the same to be and remain in any Street Lane or 
Alley of the said Town, more than one hour after the same 
shall have first been placed there, unless by the permis- 
sion of the Surveyors of Highways, every such Owner 
Driver or person having, the care or ordering of such 
Carriage, as aforesaid, shall forfeit and pay the sum of 
One Dollar for each and every such Offence, to be re- 
covered as above directed. 

Provided nevertheless. That no prosecution shall be com- 
menced against any Driver of any Cart or Waggon comiug 
from the Country unless by the particular direction and 
Order of the Selectmen. 

Sec. 8. And be it further Enacted, That all the For- 
feitures & Fines which may be recovered in pursuance of 
this Act, shall go and be distributed, one moiety thereof 
to the poor of the Town of Boston, & the other moiety to 
the Surveyors of Highways. Approved June 22, 1799. 



1799.— Chapter 33. 

[May Session, cb. 32.] 

AN ACT TO RESTRAIN UNINCORPORATED BANKING ASSOCIA- 
TIONS & TO PREVENT THE ISSUING OF SMALL BANK NOTES. 

Sect. 1. Be it Enacted by the Senate & House of 

Representatives, in General Court asse7nbled, & by the au- 

unincorporated thority of the Same, That from and after the passing of 

hibite(h*^°' this Act no person shall subscribe to or become a Mem- 



Acts, 1799. — Chapter 32. 373 

ber of any Association, Institution or Company, or Pro- 
prietor of any Bank or Fund, for the purpose of issuing 
Notes, receiving Deposits, making Discounts, or transact- 
ing any other business, which Incorporated Banks may or 
do transact by force of their respective Acts of Incorpora- 
tion, unless such person shall be authorized by Law so to 
do. And if any person not authorized shall hereafter sub- Penalty for 

8U DSCriulDCT to 

scribe or become a Member or Proprietor as aforesaid, he same, 
shall forfeit & pay for every such offence, the sum of One 
Thousand Dollars, to be recovered by any person who 
shall sue therefor in an Action of Debt, one half thereof 
to his own use and the other half to the use of this Com- 
monwealth. And all Notes & Securities for the payment 
of money or delivery of property made or given to any 
such Association, Institution or Company, not authorized 
as aforesaid, shall be null & void. 

Sect. 2. Be it further Enacted^ That all unincorpo- Existiug umn- 
rated Associations, Institutions, Companies, or Proprie- banks sup- 
ties formed for any of the purposes aforesaid, that now p''^***^- 
exist in this Commonwealth, shall, after the first day of 
March next, cease to issue Notes and to loan money. 
And any person concerned or interested in the issuing Penalty for 

, -.y . , . ^ •-if, issuing notes. 

any such Notes, or loanmg any money, as aioresaid, after 
the said first day of March next, he shall forfeit & pay for 
every such offence the sum of One thousand Dollars, to 
be recovered and disposed in the manner prescribed in the 
first Section of this Act. 

Sect. 3. Be it further Enacted, That from and after Not less than 
the first day of September next, no Bank incorporated by biiis to be 
the Legislature of this Commonwealth, except Nantucket '**'^®*^' 
Bank, shall issue or pay out any Note, by which payment 
of a less sum than five Dollars is promised, to any person 
or his order or to Bearer ; and any person who shall hold 
any such Bank Note issued or paid out by any Bank, ex- 
cept Nantucket Bank, after the said first day of Septem- 
ber next, shall be entitled to demand & recover of the 
Bank so issuing the same, the sum of Five Dollars. 

Approved June 22, 1 799. 



374 



Acts, 1799. — Chapters 33, 34. 



Preamble. 



The law ex- 
tended to Ken- 
nebec County. 



1799. — Chapter 33. 

[January Seseion, ch. 1.] 

AN ACT IN ADDITION TO AN ACT, INTITLED, "AN ACT FOR THE 
PRESERVATION OF THE FISH CALLED SALMON, SHAD AND 
ALEWIVES, IN THE RIVERS, STREAMS AND AVATERS 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." 

Whereas, since the passing the Act aforesaid, the said 
County of Lincoln has been divided, and the northerly 
part thereof erected into a County, hy the naine of Ken- 
nebec, and doubts have arisen whether the same Act now 
operates in said County of Kennebec : Therefore, 

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, the 
law aforesaid, to which this is an addition, shall have the 
same force and operation in the said County of Kennebec, 
as it now has in the County of Lincoln. 

Approved January 16, 1800. 



Description of 
estate set off 
from Burling- 
ton. 



1799. — Chapter 34. 

[January Session, ch. 2.] 

AN ACT TO SET OFF THOMAS LOCKE FROM THE TOWN OF BURL- 
INGTON AND ANNEX HIM TO THE TOWN OF LEXINGTON. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court Assembled, and by the Authority 
of the same. That Thomas Locke, with his family, and 
his real estate following, to wit, beginning at a black oak 
tree marked, on the Northeasterly side of the new road, 
SO called ; thence south, thirty-six degrees East, to 
Woburn Line ; thence by said Woburn Line Southeast- 
erly to Lexington Line ; thence by said Lexington Line 
Northerly to the Vine Brook, so called, near the Fulling 
Mill; thence down stream said Brook, and through the 
Mill Pond, to a Pine Tree marked, standing near the 
Northwesterly corner of said Mill ; thence South, forty 
six degrees East, to the first bounds, be and he hereby is 
set off from the town of Burlington, and annexed to the 
town of Lexington in the County of Middlesex, with all 
the privileges and subject to all the duties of other inhabi- 



tants of said town of Lexington. 



Acts, 1799. — Chapters 35, 36. 375 

Provided nevertheless. That the said Thomas Locke Provision re 



shall be holden to pay all taxes already assessed against 
him and his said Estate in the town of Burlington afore- 
said, & also all State Taxes until 1 a new state valuation 
shall be taken, in the same way and manner as he was, 
before passing this Act, holden to pay the same, any thing 
in this Act to the Contrary notwithstanding. 

Approved January 20, 1800. 

1799.— Chapter 35. 

[January Session, ch. 3.] 

AN ACT IN ADDITION TO SEVERAL ACTS PASSED RESPECTING 
THE MIDDLESEX CANAL. 

Whereas the Proprietors of the Middlesex Canal, have. Preamble. 
in their Petition, set forth, that from a resei^vation in the 
Acts already passed in their favour, the Government has a 
right to regulate the toll of Goods, car^ried on the Canal, 
anew, after the expiration of forty Years, from ivhich 
reservation, great discouragements and embarrasments 
have resulted in the Execution of that project. Therefore, 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court Assembled, and by the Authority 
of the same ; That the toll of one sixteenth part of a Dol- Jted.^^"^^^'"" 
lar for each Ton, carried one mile on the same Canal, be 
established to the said proprietors and their successors 
forever ; any reservations in the Acts aforesaid, or either 
of them, respecting the same, to the contrary notwith- 
standing. Approved January 25, 1800. 

1799. — Chapter 36. 

[January SesBion, ch. 4.] 

AN ACT AUTHORIZING THE PROPRIETORS OF THE EPISCOPAL 
CHURCH IN NEWBURYPORT, TO APPOINT AN AGENT TO CON- 
VEY CERTAIN REAL ESTATE. 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court assembled, <& by the Authority of 
the same. That the Proprietors of the Episcopal Church in Agent to be 
Newbury Port, at any legal Meeting hereafter to be held, tr^anTfe/prop- 
may, by a vote of the Majority then present, appoint an ^"^' 
Agent, with powers to transfer and convey to such per- 
sons as the said Proprietors shall think proper, the build- 
ing now occupied by them for the upholding of Public 
Worship, together with so much of the Proprietor's land 



376 



Acts, 1799. — Chaptek 37. 



ProviBO. 



under and adjoining the same, as shall be covered by a 
new Church, which such Purchasers may cause to be 
erected ; and that the Deed of such Agent duly executed 
and acknowledged, shall be sufficient in Law to convey 
the title of all the present Proprietors to the said Building 
and Land, in as full and ample a manner as if executed by 
the said Proprietors individually : Provided, That this 
Act shall be published three weeks successively in the 
News-paper printed at Newbury Port ; and that nothing 
herein contained, shall affect the rights of any such of the 
said present Proprietors, as shall, within three Months 
after such publication, deliver his, her or their dissent in 
writing, to such sale, to the Clerk of the said Proprietors. 

Approved January 25, 1800. 



Pereons incor- 
porated. 



Title. 



Bye-lawB, &c.; 
to be passed. 



Proviso. 



1790. — Chapter 37. 

[January Session, ch. 5.] 

AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME OF 
THE PRESIDENT, DIRECTORS, AND COMPANY OF GLOUCESTER 
BANK. 

Sect. 1st. Be it enacted by the Senate aiid House of 
Representatives, in General Court Assembled, and by the 
authority of the same. That John Somes, David Plumer, 
William Pearce, James Hayes, Eliphalet Davis, Fitz 
William Sargent and Thomas Parsons, and their associ- 
ates. Partners in the Company now known by the name 
of the President, Directors and Company of the Gloucester 
Bank, their successors and assigns, shall be, ^nd hereby 
are, created and made a Corporation, by the name of the 
President, Directors and Company of the Gloucester 
Bank ; and shall so continue, from the first day of Febru- 
ary next, untill the expiration of ten years next following ; 
and by that name shall be, and hereby are, made capable 
in law, to sue and be sued, plead and be impleaded, de- 
fend and be defended, in any Courts of Record, or any 
other place whatever ; and also to make, have, and use a 
common seal, and the same again at pleasure to break, 
alter and renew, and also to ordain, establish and put in 
execution such bye laws, ordinances and regulations, as to 
them shall appear necessary and convenient for the Gov- 
ernment of said Corporation and the prudent management 
of their affairs ; provided such, bye-laws, ordinances, and 
regulations, shall in no wise be contrary to the laws and 



Acts, 1799. — Chapter 37. 377 

Constitution of this Commonwealth ; and the said Corpo- 
ration shall be always subject, to the rules, restrictions, 
limitations, and provisions herein prescribed. 

Sect. 2d. And be it further enacted, That the Capital ^"p"*' ^*°"=''- 
Stock of said Corporation shall consist" of forty thousand 
dollars in specie, and no more, and shall be divided into 
shares of One hundred dollars each ; and the Stock- 
holders, at their first meeting, shall, by a majority of 
votes, determine the amount of the payments to be made 
on each share, and the time when the same shall be made ; 
also the mode of transfering and disposing of the stock 
and profits thereof; which, being entered in the Books of 
said Corporation, shall be binding on the Stock-holders, 
their successors, and assigns ; provided that no Stock- 
holder shall be allowed to borrow at said Bank, untill he 
shall have paid in his full proportion of said Forty thou- 
sand Dollars. And said Corporation are hereby made Real Estate, 
capable in law, to have, hold, purchase and receive, pos- 
sess, enjoy and retain to them, their successors and As- 
signs lands, rents, tenements and hereditaments to the 
amount of Eight Thousand Dollars, and no more, at any 
one time, with power to bargain, sell and dispose of the 
same lands, tenements and hereditaments, and to loan, 
and negociate their monies, and effects by discounting, on 
Banking principles, on such security as they shall think 
adviseable. Provided however. That nothing herein con- Proviso. 
tained, shall restrain, or prevent said Corporation from 
taking or holding real estate in mortgage, to any amount, 
as collateral security for the payment of any debt due to 
said Corporation. 

Sect. 3d. And he it further enacted. That the follow- Rules &c. 
ing rules, limitations and provisions, shall form and be 
the fundamental articles of said Corporation. First, the Discounting &c. 
total amount of all discounts, made by the said corpora- 
tion, and monies loaned by them, by a Credit on their 
Books, or otherwise, shall not, at any time, exceed double 
the amount of their Capital stock paid into the Bank, and 
held to answer the demands against the same ; and the 
said corporation shall not issue, or have in circulation, at 
any time, bills, notes or obligations to a greater amount 
than double their stock as aforesaid, in addition to the 
simple amount of all the specie deposited in said Bank for 
safe keeping ; and in case of any excess, the directors, 
under whose administration it may happen, shall be liable 



378 



Acts, 1799. — Chapter 37. 



Directors. 



President. 



Cashier. 



for the payment of the same in their private capacity ; but 
this shall not be construed to exempt, said Corporation, 
or any estate, real or personal, which they may hold, as a 
Body Corporate, from being also liable for and Chargeable 
Corporation not with such cxccss. /S'ficoncZ, That the said Corporation, 
shall not vest, use or improve, any of their monies, goods, 
chatties, or effects, in Trade or commerce ; but may sell 
all kinds of personal pledges, lodged in their hands by 
way of security, to an amount sufficient to reimburse the 
sum loaned. Third, That the lands, tenements, and here- 
ditaments, which said Corporation shall hold, shall be 
only such as shall be requisite for the convenient trans- 
action of its business. Fourth, None but a member of 
said Corporation, being a Citizen of this Commonwealth, 
and resident therein, shall be eligible for a Director ; and 
the Directors, shall choose one of their own number to 
act as President. The Cashier, before he enters on the 
duties of his Office, shall give Bond, with two sureties, to 
the satisfaction of the Board of Directors, in a sum not 
less than Five Thousand Dollars, with condition for the 
faithfuU discharge of the duties of his Office. Fifth, no 
director of any other Bank, shall be eligible to the office 
of director of this Bank, although he may be a Stock- 
holder therein ; and any director, accepting an Office in 
any other Bank, shall be deemed to have vacated his 
place in this Bank. Sixth, That for the well ordering of 
the affairs of said Corporation, a Meeting of the Stock- 
holders shall be held, in such place as they shall direct, 
on the third Thursday of April, annually, and at any 
other time, during the continuance of said Corporation, at 
such place as shall be appointed by the President & 
Directors for the time being, by public notification given, 
or hy notice being sent to their respective habitations, one 
week previous thereto ; at which annual meeting, there 
shall be chosen, by ballot, seven Directors, to continue in 
office, the year ensuing their election ; and the number of 
votes to which each Stock-holder shall be entitled, shall 
be according to the number of Shares he shall hold, in the 
following proportions; that is to say, For one share, and 
not four, one vote ; for four shares and not eight, two 
votes ; for eight shares, and not twelve, three votes ; for 
twelve shares, and not sixteen, four votes; for sixteen 
shares, and not twenty, five votes ; for twenty shares, and 
not twenty five, six votes; for twenty five shai*es, and 



stockholders 
meetitfg. 



Voting. 



Acts, 1799. — Chapter 37. 379 

not thirty, seven votes ; for thirty shares, and not thirty 
five, eight votes; for thirty five shares, and not forty, 
nine votes ; and for forty shares, ten votes ; provided no 
one member shall have more than ten votes ; and absent 
members may vote by proxy, being authorized in writing. 
Seventh, No director shall be entitled to any emolument President to be 
for his services ; but the Stock-holders may make the i)irecior6."° 
President, such compensation as to them shall appear 
reasonable. EiqJith, Not less than four directors shall Board of 
constitute a Board for the transaction of business, of 
whom the President shall always be one, except in case 
of sickness or necessary absence, in which case, the direc- 
tors present may choose a chairman, for the time being, 
in his stead. Ninth, All Bills, issued from the Bank BankBius. 
aforesaid, and signed by the President, shall be binding 
on said Corporation ; but it shall not be lawfull for them 
to issue any bills' of a less denomination than five dollars. 
Tenth, The Directors shall make half yearly dividends of Dividends. 
all the profits, rents, premiums, and interest of the Bank 
aforesaid. Eleventh, The Directors shall have power, to Asaistant 
appoint a Cashier, Clerks, and such Officers, for carrying 
on the business of the Bank, with such salaries, as to them 
shall seem meet. 

Sect. 4th. And he it further enacted, that the said ^^^^f^^^ 
Bank shall be established and kept in the town of 
Gloucester aforesaid. 

And whereas it is repugnant to the principles of a free 
Government, that the property of any of its Citizens, 
should be placed out of the reach of any of their just 
Creditors : 

Sect. 5th. Be it further enacted, That the property ^'■°<=ff^'.^'=-*° 

t. ,-,..-,•, "^ -, />'i/^ • ^^.-^the attachment 

ot every individual member of said Corporation, vested in of shares. 
said Corporate funds, shall be liable to attachment, and to 
the payment and satisfaction of his just debts to any of 
his Bona fide creditors, in manner following; namely, in 
addition to the summons by law prescribed to be left with 
the Debtor, a like summons shall be left with the Cashier 
of said Bank ; and the debtor's share or shares in the Cor- 
porate funds, together with the Interest, rents, and 
profits due, or growing due thereon, shall thereby be held 
to respond said suit according to law ; and all transfers 
of the debtor's shares in the said Corporate funds, not 
noted in the Bank Books, previous to the delivery of such 
summons, shall be barred thereby ; and Execution may 



380 



Acts, 1799. — Chapter 37. 



Incorporation 
to be made void 
by a violation 
of rules. 



First meeting. 



be levied on the property of any Stock-holder in said 
Bank, and his Shares therein, exposed to Sale, in the 
same manner, as is by law provided, where personal 
estate is taken in execution ; and it shall be the duty of 
the Officer, who extends such execution, to leave an at- 
tested Copy thereof, w^ith his doings ther[e]on, with the 
Cashier of said Bank ; and the purchaser shall thereon 
be entitled to the reception of all dividends and stock, 
and to the same privileges, as a member of said Corpora- 
tion, that the debtor was previou[s]ly entitled to ; and 
upon any attachment being made, or execution levied on 
any share in said Bank, it shall be the duty of the Cashier 
of vsaid Bank, to expose the Books of said Corporation, to 
the Officer, so far as respects the number of shares said 
debtor may own ; and to furnish him with a Certificate, 
under his hand, in his official capacity, ascertaining the 
number of shares the debtor holds in said Bank, and the 
amount of the dividend thereon due. 

Sect. 6th. And be it further enacted ^ That any Com- 
mittee, specially appointed by the Legislature for the pur- 
pose, shall have a right to examine into the doings of said 
Corporation, and shall have free access to all their Books ; 
and if, upon such examination, it shall be found, and 
after a full hearing of said Corporation thereon, be deter- 
mined by the Legislature that said Corporation have ex- 
ceeded the powers herein granted them, or failed to 
comply with any of the rules, restrictions and conditions, 
in this Act Provided, their incorporation shall thereupon 
be declared forfeited and void. 

Sect. 7th. Aiid be it further enacted, That the per- 
sons herein before named, or any four of them, are au- 
thorized to call a meeting of the members and Stock- 
holders of said Corporation, as soon as may be, at such 
time and place, as they may see fit, by advertizing the 
same, for three weeks successively, in the Salem Gazette, 
or by notice being sent to their respective Habitations, 
seven days previous to such meeting, for the purpose of 
making, ordaining, and establishing such bye-laws, ordi- 
nances, and regulations for the orderly conducting the 
affairs of said Corporation, as the said Stockholders shall 
deem necessary, and for the choice of the first Board of 
directors, and such other officers, as they shall see fit to 
choose. 



Acts, 1799. — Chapter 38. 381 

Sect. 8th. And be it further enacted. That it shall be Annual etate. 
the duty of the Directors of said Bank, to transmit to the made. 
Governor and Council of this Commonwealth, for the time 
being, once in twelve months, at least, and as much 
ofteuer as they may require, accurate and just statements 
of the amount of the Capital Stock of said Corporation, 
and of debts due to the same, of the monies deposited 
therein, of the Notes in circulation, and of the Cash on 
hand ; which Statements shall be signed by the Directors, 
and Attested by the Cashier. 

Approved January 27, 1800. 

1799. — Chapter 38. 

[January Session, ch. 6.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS OF 
THE TOWN OF WINTHROP, IN THE COUNTY OF KENNEBECK, 
INTO A RELIGIOUS SOCIETY BY THE NAME OF THE "FIRST 
CONGREGATIONAL SOCIETY IN WINTHROP." 

Sect. 1. Be it Enacted by the Senate and House of 
liepi-esentatives, in General Court assembled, and by the 
authority of the same, That Samuel Wood, Joseph Met- Persons incor- 
calf, Nathaniel Fairbanks, Nathaniel Smith, Moses Frost, 
Nathaniel Morton, John Chandler, jun. Micah Barrows, 
Keuben Brainard, Noah Morril, Isaac Smith, Jonathan 
Whiting, Jonathan Whiting, junior, James Prescott, Sol- 
omon Esty, John White, John Kezer, Henry Wood, 
Enoch Wood, Joseph Matthews, Barzillai Delano, Adin 
Stanley, Simon Page, Simon Page junr. Odlin Prescott, 
Elijah Wood, Sampson Davis, Jonathan Pullen, Peter 
Gale, John Cole, Josiah Cushman, Benjamin Read, Livy 
Morton, Ebenezer Morton, Charles Harris, Ebenezer 
More, Jenness Fowle, Amos Stevens, Amos Stevens, 
Junr. Daniel Stevens, Unite Brown, William Brown, 
Jonas Stevens, William Stevens, Ebenezer Davenport, 
Elijah Davenport, Amos Perley, Samuel Morrill, Jonathan 
Currier, John Turner, James Atkinson, Solomon Fowle, 
David Chandler, John Streeter, Jonathan Thurston, 
Richard Gower, Zebediah Sweet, Peleg Benson, Henry 
Stanley, Josiah Bacon, Moses Joy, Peter Stanley, Solomon 
Stanley, Thomas Ladd, Nathaniel Fellows, Jeremiah 
Brown, Andrew Wood, Nathaniel Marston, Jonathan 
Hillard, John May, Silas Lambert, William Pullen, 
Mordecai Morton, Gideon Lambert, Moses Wood, Jesse 



382 



Acts, 1799. — Chapter 39. 



Corporate 
Dame. 



How to become 
a member. 



First meeting. 



Sweet, Nathan Richmond, Daniel Marrow, junr. Jonathan 
Piillen, jun. Josiah Tilton, Isaac Shaw, James Pullen, 
Elijah Prescott, Ebenezer Barrows, John Pullen, Liberty 
Stanley, Obed Leach, Abiel Smith, Squire Bishop and 
Stephen Pullen, together with their polls and estates be 
and they are hereby incorporated into a Society by the 
name of " the First Congregational Society in Winthrop," 
with all the privileges, powers and immunities, to which 
Parishes are by Law entitled in this Commonwealth. 

Sect. 2. Be it further Enacted, That any person in the 
said town of Winthrop, who may at any time hereafter 
actually become a Member of and miite in Eeligious Wor- 
ship with the said First Congregational Society, and give 
in his or her name to the Town Clerk of said Winthrop, 
with a Certificate, signed by the Minister or Clerk of said 
Society, that he or she has actually become a Member of 
and united in Religious Worship with the said Society in 
Winthrop, fourteen days previous to the Town Meeting 
therein to be held, in the Month of March or April An- 
nually, shall, from and after giving such Certificate, with 
his or her polls and estates, be considered as a Member 
of said Society. 

Sect. 3. And he it farther Enacted, That Samuel 
Wood, Esqr. be, and he hereby is authorized to issue his 
Warrant directed to some Member of said Society, re- 
questing him to notify all the members thereof, qualified to 
vote in Parish affairs, to assemble at some suitable time 
and place in said Town of Winthrop, to choose such 
Officers as Parishes are by Law required to choose in the 
Month of March or April annually, and to transact all 
other matters and things necessary to be done in said 
Society. Approved January 32, 1800. 



Former laws 
repealed. 



1799. — Chapter 39. 

[January Session, ch. 7.] 

AN ACT FOR DETERMINING AT WHAT TIMES AND PLACES THE 
SEVERAL COURTS OF GENERAL SESSIONS OF THE PEACE AND 
COURTS OF COMMON PLEAS SHALL BE HOLDEN, WITHIN AND 
FOR THE COUNTY OF LINCOLN, AND FOR REPEALING ALL 
LAWS HERETOFORE MADE FOR THAT PURPOSE. 

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 the Laws heretofore made, 
and now in force, determining the times and places for 



Acts, 1799. — Chapter 40. 383 

holding the Several Courts of General Sessions of the 
Peace and Courts of Common Pleas, within and for the 
County of Lincoln, so far as respects the times and places 
for holding the said Courts, be, and they hereby are re- 
pealed. 

Sect. 2d. And be it further enacted, That the times Time for hoid- 
and places for holding the Courts of General Sessions of ^°^'^°"'"*- 
the Peace, and Courts of Common Pleas within and for 
the County of Lincoln, shall be as follows ; to wit, at 
Pownalborough, on the first Tuesday of June ; at Tops- 
ham, on the second Tuesday of September ; and at 
Warren, on the Second Tuesday of January annually. 

Approved February 4, 1800. 

1799. — Chapter 40. 

[January Session, ch. 8.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT FOR IN- 
CORPORATING CERTAIN PERSONS FOR THE PURPOSE OF 
BUILDING A BRIDGE OVER CONNECTICUT RIVER, IN THE 
COUNTY OF HAMPSHIRE, AND FOR SUPPORTING THE SAME." 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, And by the 
Authority of the same. That the Corporation, constituted Restriction 
and made in and by the Act the title whereof is above 
recited, be, and hereby is authorized and permitted to 
erect a Bridge over Connecticut River at any suitable 
place between Coss' Island and the Mouth of Deerfield 
river, instead of being limited in the erection of such 
Bridge, to the place expressed and provided in the said 
Act to which this is in Addition, any thing in the before 
mentioned Act to the contrary notwithstanding ; under 
the same rules, regulations, rights, liberties, duties, and 
restrictions in every other respect, as are provided, 
granted, and allowed in the Act aforesaid ; excepting that 
the said Corporation are hereby allowed the further and 
additional time of one year, from the first day of May in 
the year of our Lord one thousand, eight hundred and 
one, to erect the Bridge aforesaid. 

Sect. 2d. And be it further enacted, That the Shares shares declared 
in said Bridge, shall be taken, deemed and considered as ItwiTolir^w-' 
personal estate to all intents & purposes ; and the mode ^gjf"'^ M&ch- 
of transferring said Shares shall be by deed acknowledged 
before any Justice of the Peace, and recorded by the Clerk 



384 Acts, 1799. — Chapter 41. 

of the said Corporation in a Book to be kept for that pur- 
pose ; and when 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 the 
said Corporation ; and the Officer making the service shall 
certify on such Copy, whose and how many shares he shall 
have attached by virtue of the writ to him directed ; other- 
wise, such attachment shall be void. And the share or 
shares of any proprietor 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 mak- 
ing the Sale, or the Judgment Creditor leaving a Copy of 
the execution and of the Officer's return on the same, with 
the Clerk of the said Corporation within ten days after 
such sale, & paying for the recording of the same. 

Approved February 4, 1800. 

1799. — Chapter 41. 

[January Session, ch. 10.] 

AN ACT TO ALTER THE APPROPRIATION OF THE SUM OF TWO 
HUNDRED POUNDS PER ANNUM, MADE BY AN ACT, PASSED IN 
THE YEAR ONE THOUSAND SEVEN HUNDRED AND NINETY 
SIX, ENTITLED, "AN ACT TO ALTER THE APPROPRIATION OF 
THE SUM OF TWO HUNDRED POUNDS, PAYABLE ANNUALLY BY 
THE PROPRIETORS OF WEST BOSTON BRIDGE TO THE UNIVER- 
SITY OF HARVARD COLLEGE." 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
Conditional authority of the same. That the appropriation of the sum 
power*givem of Two hundred pounds per annum, made by an Act 
passed in the year of our Lord, one thousand, seven hun- 
dred and ninety six, entitled, "An Act to alter the appro- 
priation of the sum of Two hundred pounds, payable 
annually by the Proprietors of West Boston Bridge, to the 
University of Harvard College," be so far altered, as that 
the President and Fellows, with the approbation of the 
Overseers of the said College, shall have a discretionary 
power to apply the said sum, or any part thereof, to the 
support of one or two permanent Tutors in the said Uni- 
versity, as the Funds and the Interest of the said College, 
shall, in their opinion, require. 

Sect. 2. And be it further Enacted, That the said 
permanent Tutor or Tutors, shall and may be displaced 
for inability, insanity or any other incapacity, or for any 



Acts, 1799. — Chapter 42. 385 

other just and reasonable cause, at the discretion of the 
said President and Fellows, with the consent and appro- 
bation of the Overseers of the said College. 

Approved February 6, 1800. 

1799. — Chapter 43. 

[January Session, ch. 9.] 

AN ACT TO INCORPORATE HUGH McLELLAN, AND OTHERS, INTO 
A COMPANY BY THE NAME OF THE MAINE FIRE AND MARINE 
INSURANCE COMPANY. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That Hugh McLellan, and others, corporate 
and all such persons as have already, or hereafter shall °«™e'^<=- 
become Stock-holders in said Company, being Citizens of 
the United States, be, and hereby are incorporated into a 
Company & Body Politic, by the name of the Maine Fire 
and Marine Insurance Company, for and during the term 
of Twenty years after the passing of this Act, and by that 
name may sue and be sued, plead, or be impleaded, ap- 
pear, prosecute, and defend, to final Judgment and exe- 
cution, and have a common seal, which they may alter at 
pleasure, and may purchase, hold, and convey, any estate, 
real or personal, for the use of said Company, subject to 
the restrictions herein after mentioned. 

Sect. 2d. Be it further enacted. That a share in the shares. 
capital stock of the said Company shall be One hundred 
dollars, and the number of shares, shall not be less, than 
One Thousand, nor more than Six thousand. And if the 
said number of shares are not already filled, subscrii)tions 
shall be kept open under the inspection of the President 
and Directors of the said Company, untill the same shall 
be filled ; and the whole capital stock, estate, or property. Capital, 
which the said Company shall be authorized to hold, shall 
never exceed six hundred thousand dollars, exclusive of 
premium notes, or profits, arising from said business ; of 
which capital stock or property Twenty thousand dollars 
only shall be invested in real estate. 

Sect. 3d. Be it further enacted. That the stock. Directors, 
property, afiTairs, and concerns, of the said Company, 
shall be managed and conducted by Nine directors, one 
of whom shall be the President thereof; who shall hold President. 
their offices for one year, and untill others shall be chosen, 



386 Acts, 1799. — Chapter 42. 

and no longer; which Directors shall, at the time of their 
election, be Stock-holders and Citizens of this Common- 
wealth, and shall be elected on the first Tuesday in Jan- 
uary, in each and every year, at such times of the day, and 
at such place in the town of Portland, as a majority of 
the Directors, for the time being, shall appoint ; of which 
• election public notice shall be given, in at least two of the 
newspapers printed in the town of Portland, and con- 
tinued for the space of twenty days immediately preceding 
such election. And such election shall be holden under 
the inspection of three Stock-holders, not being directors, 
to be appointed previous to every election by the direc- 
tors, and shall be made by Ballot, by a Majority of votes 
of the Stock-holders present, allowing one vote to each 
Share in the capital stock ; Provided, that no stockholder 
shall be allowed more than Thirty votes. And the Stock- 
holders not present, may vote by proxy, under such reg- 
ulations, as the said Company shall prescribe. And in 
case of any unavoidable accident, the said Directors should 
not be chosen on the said first Tuesday in January, as 
aforesaid, it shall be lawful to choose them on another 
day, in manner herein prescribed. 

Sect. 4th. Be it further enacted, That the Directors 
so chosen shall meet as soon as may be after every elec- 
tion, and shall choose out of their body one person to be 
President, who shall preside for one year, and be sworn 
faithfully to discharge the duties of his ofiice ; and in case 
of the death, resignation, or inability to serve, of the 
President, or any Director, such vacancy or vacancies 
shall be filled, for the remainder of the year in which they 
may happen, by a special election for that purpose, to be 
held in the same manner, as is herein before directed, re- 
specting annual Elections for Directors and President. 
Board of Sect. 5th. Be it further enacted. That the President 

Directors. •^ ... 

and four of the Directors, (or five ot the Du-ectors in the 
absence of the President) shall be a board competent to 
transact business ; and all questions before them shall be 
Bye-laws, &c. decided by a majority of votes ; and they shall have power 
to make & prescribe such bye-laws, rules, and regulations, 
as to them shall appear needful and proper, touching the 
management and disposition of the stock, property, estate, 
and effects of said Company, and the transfer of the shares, 
and touching the duties and conduct of the several oflicers, 
clerks, & servants employed, and the election of Directors, 



Acts, 1799. — Chapter 42. 387 

and all such matters as appertain to the business of In- 
surance ; and shall also have power to appoint a Secre- ABsistant 
tary, and so many Clerks and Servants, for carrying on 
the said business, and with such salaries and allowances to 
them, and to the President, as to the said board shall 
seem meet : Provided, that such bye-laws, rules, & regu- 
lations, shall not be repugnant to the Constitution or Laws 
of this Commonwealth. 

Sect. 6th. Be it further enacted. That there shall be Directors* 
stated meetings of the Directors, at least once in every °'^^ '°^** 
month, and as often within each month as the President 
and Board of Directors shall deem proper ; and the Presi- 
dent and a Committee of three of the Directors, to be by 
him appointed in rotation, shall assemble daily, if need be, 
for the dispatch of business ; and the said Board of Direc- Nature and 
tors, and the Committee aforesaid, at, and during the ness permuted. 
pleasure of the said Board, shall have powder and authority, 
on behalf of the Company, to make Insurance upon ves- 
sells, freight and goods, and against captivity of persons, 
and on the life of any person during his absence by sea, 
and in cases of money lent upon bottomry and respon- 
dentia, and are also authorised to make insurance on any 
Mansion House or other building, and on the goods and 
property therein contained, within this Commonwealth, 
against damage arising to the same by fire, originating in 
any cause, except that of design in the Insured ; and to 
fix the premiums and terms of payment ; and all policies Policies. 
of Insurance by them made, shall be subscribed by the 
President, or in case of his death, sickness, inability or 
absence, by any two of the Directors, and countersigned 
by the Secretary, and shall be binding and obligatory 
upon the said Company, and have the like eflect and force, 
as if under the seal of said Company ; and the assured 
may thereupon maintain an action upon the case against 
the said Company ; and all losses duly arising under any 
policy so subscribed, may be adjusted and settled by the 
President and Board of Directors, and the same shall be 
binding on the Company. 

Sect. 7th. Be it further enacted. That it shall be the Dividends. 
duty of the Directors, on the second Tuesday of June & 
December, in every year, to make dividends of so much 
of the Interest arising from the Capital Stock, and the 
profits of the said Company, as to them shall appear ad- 
viseable ; but the monies received and notes taken for 



388 



Acts, 1799. — Chapter 42. 



Case of capital 
stock being 
lessened. 



Statement to 
stockholders. 



Disposition of 
capital stock. 



Payment of 
installments 
regulated. 



Persons ineligi- 
ble as Directors, 



premiums on risks which shall be undetermined, and out- 
standing, at the time of making such dividends, shall not 
be considered as part of the profits of the Company ; and 
in case of any loss or losses, whereby the capital stock of 
the Company, shall be lessened, each Proprietor's or 
Stockholder's estate shall be held accountable for the de- 
ficiency that may be due on his share or shares, at the 
time of said loss or losses taking place, to be paid into the 
said Company by assessments, or such other mode, and 
at such time or times as the Directors shall order ; and no 
subsequent dividend shall be made, until a sum equal to 
such diminution, shall have been added to the Capital; 
and that once in every two years, and oftener, if required 
by a majority of votes of the Stockholders, the directors 
shall lay 1)efore the Stockholders, at a General meeting, 
an exact and particular statement of the profits if any there 
be, after deducting losses and dividends. 

Sect. 8. Be it further enacted, That the said Com- 
pany shall not directly, or indirectly deal or trade in 
buying or selling any goods, wares, merchandize, or com- 
modities, whatsoever ; and the Capital stock of said Com- 
pany, after being collected at each installment, shall, 
within One hundred & twenty days, be invested either in 
the Funded Debt of the United States, or of this Common- 
wealth, or in the stock of the United States Bank, or of 
any incorporated Bank in this Commonwealth, at the dis- 
cretion of the President and Directors of said Company, 
or of other OfiScers which the Proprietors shall for such 
purpose appoint. 

Sect. 9th. Be it further enacted. That twenty dollars 
on each share in said Company shall be paid within sixty 
days, after the first meeting of the said Compan}^ and the 
remaining sum due on each share, within five years after- 
wards, at such equal installments, and under such penal- 
ties, as the said Company shall direct ; and no transfer of 
any share in said Company, shall be permitted, or be 
valid, untill all the installments on such share shall have 
been paid. 

Sect. 10th. Be it further enacted. That no person, 
being either singly, or as partner with one or more per- 
sons, a member of any other Company, carrying on the 
business of Fire & Marine Insurance, shall be eligible as a 
Director of the Company by this Act established. 



Acts, 1799. — Chapter 42. 389 

Sect. 11th. Be it furtJier enacted. Thai iho, property Shares liawe to 
of any member of said Company, vested in the Stock of 
said Company, shall be liable to attachment, and to the 
payment & satisfaction of his just debts to any of his Bona 
fide creditors, in manner following, to wit, in addition to 
the summons by law prescribed to be left with the defend- 
ant, a like summons shall be left with the Secretary of said 
Company, and the Debtor's shares in the said Company's 
funds, together with the Interest & profits due or growing 
due thereon, or so much thereof as shall be sufficient, 
shall thereby be held to respond said suit according to 
Law ; and all transfers of the Debtors shares, not noted in 
the Books of the Com})any, previous to the delivery of 
such summons, shall be barred thereby ; & execution may 
be levied upon the property of any Stockholder in said 
Company, and his Share or Shares therein exposed to 
Sale, in the same manner as is by Law prescribed, where 
personal estate is taken in execution ; and it shall be the 
duty of the Officer, who extends such execution, to leave 
an attested Copy thereof, with his doings thereon, with the 
Secretary of said Company ; and the purchasers shall 
ther[e]upon be entitled to the reception of all dividends 
& Stocks which the debtor was previously entitled to. And 
upon any attachment being made, or execution levied on 
any shares in said Company, it shall be the duty of the 
Secretary of said Company, to expose the Books of the 
Company, to the Officer, & to furnish him with a Certifi- 
cate, under his hand, in his official capacity, ascertaining 
the number of Shares the debtor holds in said Company, 
and the Amount of the dividends due thereon. 

Sect. 12th. Be it farther enacted. That in case of ,^ab'ifiVce?'^^ 
any loss or losses taking place, that shall be equal to the tain case 
amount of the Capital stock of the said Company, & the 
President or Directors, after knowing of such loss or losses 
taking place, shall subscribe to any policy of Insurance, 
their estates, jointly and severally, shall be accountable 
for the amount of any & every loss that shall take place 
under policies thus subscribed. 

Sect. 13th. Be it further enacted. That the President Yearly puwica- 

. . 11 • 1 • 1 tion of stock, 

& Directors of said Company shall, previous to their sub- &c. 
scribing to any policy, & once in every year after, publish 
in two Newspapers, printed in Portland, the amount of 
their stock, against what risque they mean to ensure, & 
the largest sum they mean to take on any one risque. 



390 



Acts, 1799. — Chapter 43. 



Statement to be 
made to legisla- 
ture when 
required. 



First meeting. 



Sect. 14th. Be it further enacted. That the President 
and Directors of said Company shall, when & as often as 
required by the Legislature of this Commonwealth, lay 
before them a statement of the affairs of said Company, & 
sul)mit to an examination concerning the same under Oath. 

Sect. 15th. And he it further enacted. That Hugh 
McLellan, Arthur McLellan & Daniel Tucker are hereby 
authorised to call a meeting of the members of said com- 
pany as soon as may be, in Portland, by advertising the 
same for the three weeks successively in two of the News- 
papers printed in said town, for the purpose of electing 
the first board of Directors, who shall continue in oflSce 
untill the first Tuesday of January next following. 

Approved February 7, 1800. 



Proprietors. 



Boundaries. 



1799. — Chapter 43. 

[January Session, ch. 11.] 

AN ACT TO ENABLE THE PROPRIETORS OF A CERTAIN PIECE 
OF ROUGH SALT MARSH, SITUATE IN THE TOWN OF ROWLEY, 
IN THE COUNTY OF ESSEX, TO MAKE AND MAINTAIN A DIKE, 
FOR THE BETTER IMPROVING THE SAME. 

Whereas Thomas Mir/hill, Nathaniel Gage, Moses 
Richards, John Gage, Humphry Hobson, John Scott, 
Samuel Lancaster, Nelson Todd, Edward Sanders, Mark 
Gresey, Nathaniel Bradstreet, Jonathan Lambert, Jacob 
PicJcard, Junr., Thomas Gage, Apphia Lambert, and 
Jacob Jewett, proprietors of a tract of rough marsh in 
Rowley, containing about Seventy-nine Acres, lying within 
the lines hereafter described, viz : Bounding Southerly on 
the road leading to the Stackyard in part, and in part 
on the Stackyard Islands; Easterly on marshes of Joseph 
Searl, Moses Richards, Jonathan Chaplin, and Thomas 
Mighill, Esquire; Northerly on the far-division Islands, 
(so called) & Marsh of Humphry Hobson; Westerly in 
part on one of the far-division Islands, in part on marsh 
of Nathaniel Gage, and in part on upland, known by the 
name of East Marshfield, to the bounds first mentioned, 
having requested the General Court to authorise them to 
make a Dike, for the purpose of preventing said marsh, 
from being flowed by Salt water, and it appearing to this 
Court, that improvements might thereby be made in said 
mai'sh, which would be beneficial to the Proprietors, as 
well as to the public ; 



Acts, 1799. — Chaptek 43. 391 

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 jiroprietors, Tax to be levied, 
for the time beinof, of the marsh aforesaid, be, and they 
hereby are authorised and impowered, from time to time, 
to raise, by an assessment or tax, to be levied on all the 
pro})rietors of said marsh, lying within the dike to be made, 
as aforesaid, according to the Interest they severally shall 
have therein, such sum or sums for defraying the charges 
of makins: and maintainino^ said Dike, as shall be agreed 
upon l)y the said proprietors, or the major part of such of 
them, as shall be assembled at any legal meeting to be 
called for that purpose ; the meetings of the said pro- 
prietors to be called & conducted in the same manner 
as is provided for calling and conducting proprietors' 
meetings, by an Act, entitled, "An Act for the better 
managing. Lands, wharves, and other real estate lying in 
common." 

And the said proprietors are hereby authorised and im- officers. 
powered, at any legal meeting thereof, to choose all such 
oflScers, as may be necessary for managing the business 
aforesaid, in the same manner as is provided for the choice 
of Officers in the Act aforesaid. 

Sect. 2. Be it further enacted by the authority afore- 
said. That if any of the proprietors of the said Marsh shall case of refusal 

' 1 . , \li ly J 1 '° P^y assess- 

reiuse or neglect to pay the sura or sums oi money, duly mems. 
assessed on him, for the space of six months after such 
assessment shall have been shewn him, or a copy thereof 
left at his usual place of abode, then the said Proprietors, 
for the purpose of collecting the monies in such assess- 
ment, are hereby fully empowered, from time to time, at 
Public vendue, to sell and convey so much of such delin- 
quent proprietors part of said marsh, as will be sufficient 
to pay and satisfy the sum or sums assesed upon such 
delinquent proprietor as aforesaid, and all reasonable 
charges attending such sales, to any person that will give 
most for the same ; notice of such sale, and the time and 
place thereof, being given, by posting an advertisement 
thereof in some pul)lic place in the Town of Rowdey, six 
weeks, before the time of such Sale ; and the said pro- 
prietors may, by their Clerk, or by a Committee chosen 
for that purpose, execute a good Deed or Deeds of con- 
veyance of the part of the said marsh so sold, unto the 
purchaser thereof, to hold in fee simple. 



392 



Acts, 1799. — Chapter 44. 



ProviBO. 



General au- 
thority given. 



Provided nevertheless. That the proprietor or proprie- 
tors, whose part or share shall be sold as aforesaid, shall 
have liberty to redeem the same at any time, within one 
year after such sale, by paying the sum such part or share 
sold for, & charges, together with the sum of Six dollars 
for every hundred Dollars produced by such Sale, & so in 
proportion for a greater or less sum. 

Sect. 3. And be it farther enacted by the authority 
aforesaid, That the said Proprietors are hereby empow- 
ered to order and manage all aflairs, relative to the making 
and maintaining of the dike aforesaid, in such way & 
manner, as shall be concluded and agreed on by the Major 
part of those who are therein interested, present at a legal 
meeting ; the votes to be collected according to the Inter- 
est of the said proprietors. Approved February 13, 1800. 



Capital In- 
creased. 



New BubBcrip- 
tions. 



1799. — Chapter 44. 

[January Session, ch. 12.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO INCOR- 
PORATE SUNDRY PERSONS BY THE NAME OF THE PRESIDENT 
AND DIRECTORS OF THE MERRIMACK BANK." 

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 Capital Stock of said 
Corporation may be increased the sum of One hundred 
Thousand Dollars, in addition to the sum of One hundred 
and Fifty Thousand Dollars, which the said Corporation 
is allowed to hold by the Act, to which this is in addition ; 
so that the whole Capital Stock thereof shall not exceed 
the sum of Two hundred and Fifty Thousand Dollars in 
specie ; and shall be divided into shares of Five hundred 
Dollars each, any thing in the said Act, to which this is in 
addition, to the contrary notwithstanding. 

Sect. 2. Be it fiirther Enacted, That all the sums 
which may be added to the Capital Stock of said Corpora- 
tion under the authority of this Act, shall be subscribed 
and paid in, under the Controul of the Directors thereof, 
for the time being, and by such persons and in such time 
and manner, as they shall order and direct. 

Approved February 21, 1800, 



Acts, 1799. — Chapters 45, 46. 393 



1799. — Chapter 45. 

[January Session, ch. 15.] 

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 APRIL. 

W/iereas divers inconveniences attend the holding of the Preamble. 
said Court on the said last Tuesday of April, and the 
Justices of said Courts have petitioned this Court to alter 
the same; 

Be it enacted by the Senate and House of JRepi'esenta- 
tives, in General Court assembled, and by the autliority of 
the same, That the Courta of Common Pleas, and General fj,diDgThe°' 
Sessions of the Peace, which by law are now appointed to courts. 
be holden at Portland, within and for the County of 
Cumberland on the last Tuesday of April annually, shall 
hereafter be holden at said Portland, within and for said 
County of Cumberland, on the last Tuesday of March 
Annually. And all writs. Processes, Matters and things, 
which might have been returnable to, have day in, be 
heard and determined at the Court of General Sessions of 
the Peace & Court of Common Pleas, which was to have 
been holden at said Portland on the last Tuesday of April 
next, shall be returnable to, have day in, be heard and 
determined at the said Courts, to be holden by virtue of 
this Act, at said Portland, on the last Tuesday of March 
next. Approved February 21, 1800. 

1799. — Chapter 46. 

[January Session, ch. 13.] 

AN ACT TO INCORPORATE THE PLANTATION HERETOFORE 
CALLED NEW PENNYCOOK, IN THE COUNTY OF CUMBERLAND, 
INTO A TOWN BY THE NAME OF RUMFORD. 

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 heretofore Boundaries. 
known by the name of New Penny-cook, in the County of 
Cumberland, & as described in the following bounds, 
together with the Inhabitants thereon, be, and hereby are 
incorporated into a Town by the name of Rumford. Be- 
gining at a hemlock tree standing on the line of the town 
of Bethel, thence running north, eighteen degrees and an 



394 



Acts, 1799. — Chapter 47. 



First meeting. 



half West, crossing the river Ameriscoggin, seven miles 
& forty rods, to a spruce tree ; then turning and running 
North, Seventy-one and an half degrees East, seven miles 
and forty rods to a l)each tree ; then turning & running 
eighteen and an half degrees East, crossing Ameriscoggen 
river again, seven miles & forty rods, to another beach 
tree, then turning and runing South, Seventy-one degrees 
and an half degree West, seven miles & forty rods, to the 
bound first mentioned. And the said town are hereby 
vested with all the ]iowers, privileges, and immunities, 
which other towns do or may enjoy by the Constitution & 
Laws of this Commonwealth. 

Sect. 2d. And be it further enacted, That Jol) East- 
man, Esqr. be, & hereby is authorised to issue his warrant, 
directed to some suitable Inhabitant of the said town, re- 
quiring him to notify & warn the Inhabitants thereof to 
meet at such time and place as he shall appoint, to choose 
all such officers as towns are by law required to choose in 
the Months of March or April annually. 

Approved February 21, 1800. 



1799. — Chapter 47. 

[January Session, ch. 14.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED NUMBER 
TWO, LYING ON THE EAST SIDE OF PENOBSCOT RIVER, INTO 
A TOWN BY THE NAME OF ORLAND. 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, and by the 
Boundaries. authority of the same, That the plantation called Number 
Two, in the County of Hancock, lying on the East side 
of Penobscot River, as described within the following 
boundaries, together with the Inhabitants thereon, be, 
and hereby are incorporated into a town by the name of 
Orland ; Begining at the North west corner of the town of 
Penobscot, on the Eastern shore of Eastern River, at the 
mouth, thence running North, seventy-nine degrees east. 
Eight miles, and One hundred & twenty rods, to the 
North-east corner of the said town of Penobscot, & the 
northern line of the Township Number Six ; thence North, 
Thirty-six degrees East, on the line of the said Number 
Six, to the Southwest corner of the township Number 
Seven, (incorporated the present session, by the name of 
Ellsworth) three miles & fifty rods ; thence North, twenty- 



Acts, 1799. — Chapter 48. 395 

six Degrees West, six miles & forty rods, on the North- 
ern line of said Ellsworth to the Southeast corner of 
Biickston ; thence South, fifty-two degrees West, on the 
South-Side of Buckston to Eastern River (so called) ; 
thence down said Eiver as it runs, to a stake on the Marsh 
in Duck Cove, on the North side of said River; thence 
South, fifty-two Degrees & one half West, on said South- 
side of Buckston, to the Thoroughfare, (so called), thence 
down said Thoroughfare, and Eastern River, by Grose's 
point, to the first mentioned bound. And the said town 
is hereby vested with all the powers, privileges & immuni- 
ties which other towns do, or may be entitled to enjoy, by 
the Constitution & Laws of this Commonwealth. 

Sect. 2d. And be it further Enacted, That Oliver First meeting. 
Leonard, Esquire, is hereby authorised to issue his war- 
rant, directed to some suitable Inhabitant of said Town of 
Orland, requiring him to notify and warn the Inhabitants 
thereof, qualified to vote in town afiairs, to meet at such 
time and place as shall be expressed in his said Warrant, 
to choose all such town oflScers as towns are by Law re- 
quired to choose in the Month of March or April annually. 

Approved February 21, 1800. 

1799.— Chapter 48. 

[January Session, ch. 16.] 

AN ACT FOR ESTABLISHING A CORPORATION BY THE NAME OF 
THE EIGHTH MASSACHUSETTS TURNPIKE CORPORATION. 

Whereas the Highway leading froin the East line of the preamble. 
Toivn of Russell, in the County of Hampshire, through the 
said Toivns of Russell, Blandford, JVbrivich and Chester, 
in the said County of HampsJiire, and Bechet, Washing- 
ton and Dalton, to the South line of the Town of Pitts field, 
in the County of Berkshire, is rocky and mountainous, 
and the expence of straitening, making and repairing the 
same through the said Toivns, so that the same may be 
conveniently travelled with Horses and Carriages, is much 
greater than reasonably ought to be required of said Towns; 

Sect. 1. Be it therefore Enacted by the Senate and 
House of Rej)resentaiives, in General Court assembled, 
and by the authority of the same. That Joseph Stebliins, Persons 
James S. Dwight, George Bliss, Zebina Stebbins, Alex- ^'"'"^P^'^ted. 
ander Bliss, William Smith, Jeremiah Wadsworth, John 
Caldwell, John Morgan, Joseph Hart, Christopher Lef- 



396 



Acts, 1799. — Chapter 48. 



Corporate 
Dame. 



Road pre- 
scribed. 



fingwell, Justin Ely, Peletiah Bliss, Jeremiah Stebbins, 
Jonathan Smith, Samuel Mather, Warham Parks, Wil- 
liam Shepard, James Taylor, Zachariah Bush, Aslibel 
Eager, Adnah Sacket, Israel Ashley, Noah Phelps, Titus 
Doolittle, Reuben Parks, Daniel Falley, David Mack, 
James Gilman, Oliver Bush, Elias Leonard, James 
Harris, Hiram Messenger, Henry Vanschaach, Moses 
Rigsbee, Azariah Eggleston, Setli Lathrop, Samuel Lath- 
rop, Silas King, William Pynchon, Samuel Lyman, 
Horace White, Heman Day, John Hooker, John Inger- 
soll, Elijah Bates, William King, Samuel Fowler, and all 
such persons as shall be associated with them, and their 
Successors, be, and they hereby are constituted a Corpo- 
ration, by the name of "The Eighth Massachusetts Turn- 
pike Corporation," and shall, by that name, sue and be 
sued, and shall have a Common Seal, and enjoy all the 
privileges and powers which are by Law incident to Cor- 
porations, for the purpose of laying out and making a 
Turnpike road : to begin at the line between the Towns 
of Westtield and Russell, in the road near Westlield River, 
on the South-side thereof, thence to run by said River, 
through parts of the Towns of Russell and Blandford to 
Falley's Store ; thence by the West branch (so called) of 
the same River through parts of the Towns of Blandford 
and Chester, to the House of Elias Leonard ; thence by 
the road, commonly called Government Road, into Becket ; 
the Turnpike to vary from said Government Road, so as 
to connect with that from Blandford to Pittsfield, either 
above or below the Meeting House in said Becket, as upon 
admeasurement and actual experiment, shall be found 
nearest and best calculated for a durable Road ; thence by 
the usual Road from Becket Meeting House, to Pittsfield 
line, with such variation only therefrom, as the nature of 
the Ground, and the avoidance of hills difficult and danger- 
ous of passage, shall require, and making the same in 
such place or places as the said Corporation shall choose, 
and for keeping the same in repair; which Road shall not 
be less than four rods wide, and the path to be travelled 
in not less than Eighteen Feet wide in any place ; and 
that when the said Turnpike Road shall be sufficiently 
made, and approved of by a Committee appointed by the 
Court of General Sessions of the Peace for the respective 
Counties of Hampshire and Berkshire for that purpose, 
then the said Corporation shall be authorized to erect three 



Acts, 1799. — Chapter 48. 397 

Turnpike Gates on the same, in such manner as the said 
Committee shall judge necessary and convenient for col- 
lecting the Toll, and shall be entitled to receive of each 
Traveller or Passenger, at each of the said Gates, the 
following rate of toTl, vizt. For every Coach, Phaeton, tou. 
Chariot or other four-wheel Carriage, drawn by two 
horses, twenty-five cents ; and if drawn by more than two 
horses, an additional sum of four cents for each horse ; 
for every Cart or Waggon, drawn by two oxen or horses, 
ten cents ; and if drawn by more than two oxen or horses, 
an additional sum of three cents for each ox or horse ; for 
every Curricle, twelve cents & five milles ; for every 
Chaise, Chair or other Carriage, drawn by one horse, 
twelve cents & five milles ; fen- every man and horse, five 
cents ; for every Sled or Sleigh, drawn by two oxen or 
horses, seven cents ; if drawn by more than two oxen 
or horses, an additional sum of two cents for each ox 
or horse ; for every Sled or Sleigh drawn by one horse 
five cents ; for all horses, mules, oxen or neat cattle, led 
or driven, besides those in Teams and Carriages, one cent 
each ; for all Sheep or swine at the rate of three cents per 
dozen. Provided, That the said Corporation may, if they Proviso, 
see fit, commute the rate of Toll with any person, or with 
the Inhal)itants of any Town, through which the said 
Road [)asses, by taking of him or them, a certain sum 
annually, to be mutually agreed on, in lieu of the Toll 
aforesaid. 

Sect. 2. And be it further Enacted, That the said ^i°^fj°^,g«-„t 
Corporation may purchase and hold Land, over which '"0'»ci. 
they may make said Road ; and the Justices of the Court 
of General Sessions of the Peace, in the County where the 
said Road is, are hereby authorized, on application of said 
Corporation, to lay out said Road, or any part thereof, 
within their respective Jurisdictions, as, with the consent 
of said Corporation, they shall think proper. And the Persons whose 
said Corporation shall be liable to pay all damages that to be compen- 
shall arise to any person by taking his Land for such road, ^^^^'^' 
when the same cannot be obtained by voluntary agree- 
ment, to be estimated ])y a Committee appointed by the 
Court of General Sessions of the Peace, in the County 
where 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 arising from the 
laying out of Highways. 



398 



Acts, 1799. — Chapter 48. 



Penalty for 
delaying pa8- 
Bengers. 



Case of damage 
by badnesB of 
road. 



Penalty for 
evading toll. 



Proviso. 



Sect. 3. And be it further Enacted, That if the said 
Corporation, their Toll-Gatherers, or others in their em- 
ploy, shall unreasonably delay or hinder any Traveller or 
Passenger at said Gates, or shall demand or receive more 
Toll than is by this Act established, the Corporation shall 
forfeit and pay a sum not exceeding Ten Dollars nor less 
than One Dollar, to be recovered before any Justice of 
the Peace of the County where the Offence shall be com- 
mitted, by any person injured, delayed or defrauded, in a 
special Action of the case ; the writ in which shall be 
served on said Corporation, by leaving a copy of the same 
with the Treasurer, or any individual Member, at least 
seven days before the day of Trial. And the Treasurer 
of said Corporation, or any individual Member, shall be 
allowed to defend the same suit in behalf of the said Cor- 
poration. And the said Corporation shall be liable to 
pay all damages that shall happen to any person from 
whom the Toll is demandable, from defect of Bridges, or 
want of repairs in said way ; and shall also be liable to 
presentment by the Grand Jury for not keeping the same 
way in repair. 

Sect. 4. And be it further Enacted, That if any person 
shall cut, break down, or otherwise destroy any of said 
Turnpike Gates, or shall dig up or carry away any earth 
from said road, or in any manner damage the same, or 
shall forcibly pass, or attempt to pass by force, the said 
Gate, without having first paid the legal Toll, at such Gate, 
such person shall forfeit and pay a fine not exceeding 
Forty Dollars, nor less than Two Dollars, to be recovered 
by the Treasurer of said Corporation, to their use, in an 
action of Trespass on the case; and if any person, with 
his Team, Cart or Horse, turn out of said road, to pass 
any of the Turnpike Gates, and again enter the said Road, 
with an intent to evade 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 said Corporation, to the use of the same, in 
an action of debt or the case : Provided, that nothing in 
this Act shall extend to entitle the said Corporation to de- 
mand and receive Toll of any person w^io shall be passing 
with his horse or carriage to or from public worship, or 
with his horse, team or cattle to or from his common labor, 
on his farm, or to or from any Grist-mill, or on the com- 
mon or ordinary business of family concerns within the 



Acts, 1799. — Chapter 48. 399 

same Town, or from any person or persons passing on 
Military duty. 

Sect. 5. And be it further Enacted^ That the shares shares con- 
in the said Turnpike Road shall be taken, deemed, and eonaiesute. 
considered to l)e personal Estate to all intents and pur- 
poses, and shall and may be transferable : and the mode 
of transferring said Shares, shall be by Deed, acknowl- 
edo-ed before any Justice of the Peace, and recorded by 
the Clerk of the Corporation in a Book to be kept for that 
purpose. And when any share shall be attached on mes^ne Manner of at- 
process, an attested copy of such process, shall, at the 
time of the attachment, be left with the Clerk of the Cor- 
poration ; otherwise the 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 making sale of per- 
sonal property on execution ; the Officer making the sale, 
or the Judgement Creditor, leaving a Copy of the execu- 
tion, and the Officer's return on the same, with the Clerk 
of the said Corporation, within fourteen days after such 
sale, and paying for recording the same, shall be deemed 
and considered as a sufficient transfer of such Share or 
Shares in the said Turnpike Road. 

Sect. 6. And be it further Enacted, That the said ^^^'^^^'S.*'^ 
Corporation is hereby empowered to grant monies to such 
persons as rendered services to the Proprietors in explor- 
ing the rout of the Turnpike road, or other wise, previous 
to the Act of Incorporation. 

Sect. 7. And be it further Enacted, That a Meeting First meeting, 
of the said Corporation shall be held at the house of Titus *° 
Doolittle, Inholder in Russell, on the first Tuesday of 
April next, at ten of the Clock in the forenoon, for the 
purpose of choosing a Clerk, who shall be sworn to the 
faithful discharge of the duties of said Office, and such 
other Officers as may then and there be agreed on by said 
Corporation. And said Corporation may then and there 
estal)lish such rules and regulations as they shall judge 
necessary ; provided the same are not repugnant to the 
Laws of this Commonwealth, for regulating the concerns 
thereof; and the said Corporation may then and there 
agree upon such method of calling Meetings in future as 
they shall judge proper. 

Sect. 8. And be it further Enacted, That the said ^«°„"°*,f„be 
Corporation shall, within six months after the said Road exhibited. 
is completed, lodge in the Secretary's Office, an account of 



400 



Acts, 1799. — Chapter 48. 



Drawing of 
timber, &o. 



Case of pro- 
prietors refus- 
ing to pay 
assessments. 



Sign board to 
be erected. 



Corporation 
may be die- 
solved. 



the expences thereof, and shall also annually exhibit to 
the Governor and Council a true account of the Income or 
Dividend arising from the said Toll, with their necessary 
annual disbursements on said Road. 

Sect. 9. And be it further Enacted, That if any per- 
son shall draw any log, tree or stick of timber on or over 
said Turnpike Road, except in the months of January or 
February, unless 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 Three Dollars for every log, 
tree or stick of timber so drawn, to be recovered by Action 
of debt. 

Sect. 10. And he it farther Enacted^ That when any 
Proprietor shall neglect or refuse to pay any Tax or as- 
sessment, duly voted and agreed upon by the Corporation, 
to their Treasurer, within sixty days after the time set 
for the payment thereof, the Treasurer of said Corpora- 
tion is hereby authorized to sell at Public Vendue the 
share or shares of such delhiquent Proprietor, one or 
more, as shall be sufficient to defray said Taxes, and the 
necessary incidental Charges, after duly notifying, in the 
Newspapers printed in Springfield and Pittsfield, 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 or persons purchasing. And on pro- 
ducing a Certificate of such Sale, from the Treasurer to the 
Clerk of said Corporation, 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 
person shall be considered, 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 per- 
son whose share was thus sold. 

Sect. 11. And he it further Enacted, That the said 
Corporation shall, at the place where the said Toll shall 
be collected, erect and keep constantly exposed to view, 
a Sign or Board, with the rates of Toll and all the Toll- 
able articles fairly and legibly written thereon, in large or 
capital Characters. 

Sect. 12. And he it further Enacted, That the Gen- 
eral Court may dissolve said Corporation whenever it 
shall appear to their satisfaction, that the income arising 



Acts, 1799. — Chapter 49. 401 

from said Toll shall have fully compensated the said Cor- 
poration for all monies they may have expended in ex- 
ploring, purchasing, taking care of and repairing 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 ProviBo. 
said Corporation shall neglect to complete the said Turn- 
pike Road, for the space of Five Years from the passing 
of this Act, the same shall become void and of no effect. 

Approved February 24, 1800. 



1799. — Chapter 49.* 

[January Session.] 

AN ACT TO APPORTION & ASSESS A TAX OF ONE HUNDRED & 
THIRTY THREE THOUSAND, FOUR HUNDRED & THIRTY FIVE 
DOLLARS & THIRTEEN CENTS; AND PROVIDING FOR THE RE- 
IMBURSEMENT OF TWENTY^ THOUSAND FIVE HUNDRED & 
FIFTY FOUR 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 Au- 
thority of the same. That each Town, District, Plantation 
& other Place herein-after named, within this Common- 
wealth, shall be assessed & pay the several sums, with 
which they stand respectively charged in the following 
Schedule, vizt. 

* Not printed in session pamphlet. 



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Acts, 1799. — Chapter 49. 421 

Sect. 2d. Be it further enacted. That the Treasurer 
of this Commonwealth do forthwith send his Warrant, 
directed to the Selectmen or Assessors of each town, dis- 
trict, plantation, or other place, within this Common- 
wealth, the Inhabitants whereof are taxed as aforesaid, 
requiring such Selectmen or Assessors, respectively to as- 
sess, in dollars and cents, the Sum hereby set upon such 
town, district, plantation, or other place, in manner 
following, that is to say, all the male polls above the age 
of Sixteen years, within their respective towns, districts, 
plantations, or other places adjoining them, belonging to 
no other town, district, or plantation, {provided such 
places were returned in the last valuation) all the Polls 
aforesaid, being Minors, apprentices, or servants, under 
the Government of a Master or Mistress, to be taxed to 
such Master or Mistress 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 afore- 
said) 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 respectively, by 
him, her, or them possessed, on the first day of May next, 
in his, her, or their own right, or in the right of others, 
lying within the said town, district or plantation or other 
place, improved, or not improved, excepting pews in 
houses of public [e] worship, and on the non-resident pro- 
prietors of real estate, lying within such town, district, 
plantation, or other place, in their own right, or in the right 
of others, improved, or not improved, saving all agree- 
ments between Landlords & Tenants ; and where no agree- 
ment is, the Landlord to . mburse 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, and Bank 
Stock held in any Bank, according to the just value thereof, 



422 Acts, 1799. — Chapter 49. 

and also the just amount of the value of all goods, wares, 
and merchandize, or any other stock in trade. Vessels, of 
all sorts at home and abroad, with all their stores and 
appurtenances, Mules, Horses, Neat-Cattle each of one 
year old and upwards, and swine of Six Months old and 
upwards, and all other property of the several kinds re- 
turned in the last valuation, (excepting Sheep, household 
furniture, wearing apparel, farming utensils and 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 
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 Inhabitants, within their respective 
precincts as aforesaid, from any profession handicraft, 
trade, or employment, or gained by trading on Sea or 
land. And the Treasurer, in his said Warrants shall like- 
wise, require the said Assessors respectively, to make a 
fair list of such assessments, setting forth in distinct col- 
umns against each person's name, how much he or she is 
assessed for polls, how much for real estate, and how 
much for personal estate and income, as aforesaid ; and if 
as guardian, or for any estate in his or her possession in 
trust, to be distinctly expressed ; and also to insert in 
their rate Bills the number of acres of unimproved land, 
which they have taxed to each of the nonresident propri- 
etors 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 and signed by them, in manner aforesaid 
or by the major part of them, to commit to the Collector 
or Collectors, Constable or Constables of such town, dis- 
trict, plantation, or other place, respectively, with a War- 
rant or Warrants, in due form of law, for collecting and 
paying the same to the Treasurer of this Commonwealth, 
on or before the first day of April, in the year of our 
Lord one thousand, eight hundred and one ; and also to 
return a certificate of the name or names of such Collec- 
tor 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. 



Acts, 1799. — Chapter 49. 423 

Sect. 3d. And whereas there are many persons within 
this Commonwealth who are engaged in trade, and who 
almost entirely negociate their business, and hire shops, 
stores, and 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 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 Assess- 
ors thereof, and pay taxes for such of their goods, wares, 
and merchandize, or other stock in trade, ships, and Ves- 
sels, as are sold, used, & improved in such towns, other 
than where they reside, and not in the towns where such 
persons dwell or reside ; and they shall accordingly give 
in on oath if required, a list of their whole estates, re- 
spectively 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 nevei^theless, and he it further 
enacted. That the President, Professors, Tutors, Librarian 
and Students of Harvard, Williams, & Bowdoin Colleges, 
who have their usual residence there, and who enjoy no 
other pecuniary office or employment, also Ministers of 
the Gospel and Latin 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 ; & also all 
})ersons who have the management or improvement 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 and 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 releived 
in their taxes, in any such case the Assessors respectively 
may exempt the polls and estates of such persons, or 



424 Acts, 1799. — Chapter 49. 

abate any part of what they are set at, as they, on their 
oath, shall deem just and equitable. 

Sect. 5. And be if further Enacted, That the Justices 
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, and other places in their 
respective Counties, as aforesaid, in the respective pro- 
portions 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 assessing the tax laid by this Act. 

Provided alivays, That it shall and may be lawful for 
any town, district or plantation, to levy, make and col- 
lect any county, town, parish, or society tax, and for that 
purpose to cause a valuation to be taken at any time of 
the year, which the said town or other place shall deter- 
mine to be expedient, at a legal 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 and estates 
as aforesaid, within their respective towns, and shall ap- 
portion the same, in the same proportion at which such 
polls and estates shall be respectively set, for raising the 
Sum of One hundred & thirty three thousand four hun- 
dred & thirty five Dollars & thirteen Cents. 

Sect. 6th. 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 belong- 
ing to the Plymouth Company, so called, and shall issue 
his Warrant to the Sheriff of the County of Hancock, re- 
quiring him to collect the sums which by this act are 
directed to be assessed on the lands lying within the 
claims of the hiers and assigns of the late Brigadier 
Waldo, also of the Lincolnshire 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 ax'e authorised and directed to 



Acts, 1799. — Chapter 49. 



425 



proceed in collecting the taxes laid on Non-resident pro- 
prietors of unimproved lands, and to be paid into the 
Treasury of this Commonwealth on or before the first day 
of April, in the year of our Lord One thousand Eight 
hundred & One. 

Sect. 7th. And be it further enacted, That no order 
shall be drawn by the Treasurer of this Commonwealth 
on any Constable or Collecter of this Tax for any part of 
the same. 

Sect. 8th. And he it further enacted^ That Twenty 
thousand Dollars of the Sum ordered to be assessed and 
paid by this Act, be, and hereby is appropriated towards 
paying the Interest on the Public debt ; and the residue 
for defraying the expences of Government. 

Sect. 9th. Be it further enacted, That the Selectmen 
or Assessors of each town, district, plantation, or other 
place within this Commonwealth, the Inhabitants whereof 
are to be taxed as required in this Act, be, and hereby 
are directed to make their several rate lists to be com- 
mitted to Collectors or Constables in the forms prescribed 
at the foot of this Act. 

Form of Rate List to be made by assessors and committed to Collectors 
or Constables. 

STATE TAX. 



Names of Persons 
to be Taxed. 


Number 
of Polls. 


Poll Tax. 


Rpai Fsffltfl Personal Estate 
Keal Estate. ,^^^j income. 


Total. 






Dolls. Cts. 


Dolls. Cts. 


Dolls. Cts. 


Dolls. Cts. 



Form of rate lists of noti Resident Proprietors'' unimproved Lands. 



STATE TAX. 



Names of 
Persons to 
be taxed 
if known. 



Number of 
each lot, 
if known. 



Number of 
Division or 
description of 
the Kange, 
if known. 



Number 

of 
Acres. 



Value. 



Dolls. Cts. 



Approved February 24 ., 1800. 



426 



Acts, 1799. — Chapters 50, 51. 



Boundaries. 



Incorporated. 



First meeting. 



1799. — Chapter 50. 

[January Session, ch. 17.] 

AN ACT FOR INCORPORATING THE OWNERS OF CERTAIN 
MEADOW LANDS, IN THE TOWN OF ORLEANS, IN THE COUNTY 
OF BARNSTABLE, FOR THE PURPOSE OF MANAGING THE SAME, 
AS A COMMON & GENERAL FIELD. 

Sect. 1st. Be it enacted by the Senate <& House of 
Hepresentatives, in General Court Assetiibled, & by the 
Authority of the same, That all that Tract of Meadow 
Land in said Orleans, lying within the following bounds, 
to wit, bounded Northerly by Eastham line, Easterly by 
the Atlantic Ocean, Southerly by the line which may be 
established between the said Orleans & Chatham, & West- 
erly by the Channel which at high water parts the main 
land & Pocha island from said Meadow Land, Beach 
Creek, Cole's Creek & the Channel that leads from the 
Bass hole, so called, to said Chatham line, be, & are 
hereby incorporated into a Common & general Field — 
And the Proprietors of the said Meadow lands, lying 
within said bounds, their heirs & assigns, are hereby vested 
with all the rights, powers, & privileges with which the 
Proprietors of common & general Fields are now by Law 
vested. 

Sect. 2d. And be it farther enacted, That Simeon 
Kingman, Esqr. be, & he hereby is impowered, on appli- 
cation made to him in writing & subscribed by Five of 
the Proprietors aforesaid, to issue his warrant to some one 
of the Subscribers, directing him to warn said Proprietors 
to meet at the time, place, & for the purposes mentioned 
in the application. Approved FehrxLary 25, 1800. 



Case of towns 
neglecting to 
choose Assess- 
ors. 



1799. — Chapter 51. 

[January Session, ch. 20.] 

AN ACT IN ADDITION TO AN ACT, INTITLED, "AN ACT FOR 
ENFORCING THE SPEEDY PAYMENT OF RATES, AND DIRECT- 
ING THE PROCESS AGAINST DEFICIENT CONSTABLES AND 
COLLECTORS." 

Sec. 1. Be it Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That if the inhabitants, qualified to 
vote in Town affaires, of any Town, District, or Plantation 
in this Commonwealth, from which any State Tax, or 



Acts, 1799. — Chaptee 51. 427 

Taxes now remain due, and unassessed or from which any 
State or County Tax shall be hereafter required, shall neg- 
lect, for the space of five months after having received the 
Warrant of the Treasurer for assessing any State Tax, to 
choose assessors to assess the same, and cause the assess- 
ment thereof to be certified, as the Law requires, to the 
Treasurer of the Commonwealth for the time being, and 
agreeable to his warrant directing the same — he is hereby 
authorized and directed to issue his warrant, under his 
hand and seal, directed to the Sherriff of the County, or 
his Deputy, requiring him to levy and collect, by distress, 
and sale, the sum mentioned therein, of the Estates, real 
and personal, of any inhabitant or inhabitants of such defi- 
cient Town, District, or Plantation ; which warrant the 
said Sherriff, or his Deputy, is hereby empowered, and 
required to execute, observing the same rules and regu- 
lations, as are by law provided for satisfying warrants 
against deficient collectors of public taxes ; and it shall be 
the duty of the said sherriff or his deputy, on receiving 
the said warrant, forthwith to transmit an attested copy 
thereof to the Selectmen or Clerk of the Town, District, 
or Plantation named therein ; and if the assessors shall, ^f"""^, 
within sixty days from the receipt of such attested copy, 
deliver to the said Sherriff" or his deputy, a certificate, ac- 
cording to law, of the assessment of the tax or taxes 
required by said warrant, and pay the officer his legal 
fees, he shall forthwith transmit the same certificate to the 
said Treasurer, and return the warrant unsatisfied. 

Sec. 2d. Be it further enacted, That if the inhabitants. Further direc 
qualified to vote in Town affairs, of any Town, District or choosing 
Plantation in this Commonwealth, from which any state, -^s*®*^^'^*- 
or county tax shall hereafter be required, shall neglect to 
choose and keep in office, assessors to assess the same, as 
the law requires, the Treasurer of the Commonwealth or 
of the County, for the time being, is hereby authorized 
and directed to issue his warrant, under his hand, and 
seal, directed to the Sherriff" of the County or his Deputy, 
requiring him to levy and collect the sum mentioned 
therein in manner aforesaid : And the said sherriff" or his 
deputy shall execute said warrant, observing all the rules 
and regulations, and all the provisions mentioned in the 
first section of this Act. 

Sec. 3d. Be it further enacted. That if the inhabi- Assessors 

*/ ' DGErlcclinff tlicir 

tants, qualified to vote in Town affairs, of any Town, Dis- duty. 



428 



Acts, 1799. — Chapter 51. 



Inhabitants to 
be indemnified. 



Plantations 
made bodies 
corporate, for 
the purposes 
aforesaid. 



trict or Plantation in this Commonwealth, from which 
any State Tax, or Taxes now remain due, and unassessed, 
or from which any State or County tax shall be hereafter 
required, shall choose assessors who shall neglect to assess 
the tax required by the warrant issued to them, or to re- 
assess any tax on the failure of any collector, and to cer- 
tify the assessment, as the law directs, and the estates of 
such assessors shall be found insufficient to pay the same 
tax, in the manner already provided by law, then, and in 
every such case, the Treasurer of the Commonwealth or 
of the County, for the time being, is hereby authorized 
and directed to issue his warrant, under his hand and seal, 
directed to the Sherriff of the County or his deputy, re- 
quiring him to levy and collect, by distress and sale, so 
much of the sum mentioned therein, as the estates of the 
assessors shall be insufficient to pay, of the estates, real 
or personal, of any inhabitants of the deficient town, dis- 
trict or plantation ; which warrant the said sherriff or his 
deputy shall execute ; observing all the rules & regula- 
tions, and all the provisions mentioned in the first section 
of this Act. 

Sec. 4th. Be it further Enacted, That if the estate of 
any inhabitant or inhabitants (not being an Assessor or 
assessors, of any Town, District, or Plantation) shall be 
levied upon and taken as aforesaid, he or they shall have 
an action or actions, against the town, district, or planta- 
tion to recover the full value of the estate so levied upon 
and taken, with interest thereon, computed at the rate of 
twelve per centum per annum, from the time the said 
estate was taken, with legal costs of suit : And at the 
tryal, the Plaintiff or Plaintiffs shall be admitted to prove 
the real and true value of the estate so taken, at the time 
the same was levied upon : 

And in order that such action or actions may be sup- 
ported against a Plantation ; 

Sec. 5th. Be it further Enacted, That each plantation 
in the said Commonwealth, from which any state tax or 
taxes now remain due and unassessed, or from which any 
state or county tax shall hereafter be required as aforesaid, 
be, and hereby is made a body politic and corporate for 
the purposes aforesaid, and liable to such action or actions, 
with full power to defend the same, in the same manner 
as Towns by law may defend suits against them. 

Approved February 25, 1800. 



Acts, 1799. — Chapter 52. 429 

1799. — Chapter 52. 

[January Session, ch. 18.] 

AN ACT FOR THE PRESERVATION OF THE FISH CALLED BASS, IN 
DUNSTON RIVER, IN SCARBOROUGH, IN THE COUNTY OF 
CUMBERLAND. 

Sect. 1. 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 The prohibi- 
this Act, no person shall take any Bass in Dunston River, 
SO called, in Scarborough, or any of its respective Branches, 
or any inlets from the Sea, or near any of the Shores 
comprehended within the Eastern and Western boundary 
lines of the Towns aforesaid, by the use of any seine, drag- 
net or any other net or implement whatever, the hook only 
excepted ; and every person offending in any of these Forfeiture. 
respects, shall, upon due conviction, forfeit and pay the 
sum of Fifteen Dollars for every such offence ; and also 
shall forfeit all the implements, of whatever description 
they may be, used in taking the said Fish as aforesaid. 

Sect. 2. And be it further Enacted, by the authority 
aforesaid. That the Inhabitants of Scarborough, at a Town Fish wardens 
meeting to be held in the month of March or April annu- *° ^^ chosen. 
ally, at the time of choosing other Town officers, be, and 
they hereby are authorized and directed to choose three 
suitable persons as Fish Wardens, to see that the fore- 
going Law is carried into full effect, who shall be sworn 
to the faithful discharge of their duty ; and the said War- 
dens, or any of them, shall have full power and authority 
to go on the Land of any person, which may border on 
said River, its respective Branches, or any of the Shores 
aforesaid, without being considered as guilty of Trespass ; 
and any person who shall hinder or obstruct said War- penalty for 
dens, or any of them, either in crossing such Lands or "hera^""^ 
executing any part of the business by this Act assigned 
them, shall forfeit and pay, for every such Offence, a sum 
not exceeding Ten Dollars, nor less than Five Dollars, to 
be recovered in any Court proper to try the same. And penXeJ"^ 
said Wardens, or any of them, may recover all penalties 
which shall arise or become due for any breach of this 
Act, either upon Action of Debt, or Information ; one 
moiety of the penalty to accrue to the person giving In- 
formation of the Offence, and the other moiety to be paid 
into the hands of the Town Treasurer for the use of the 
poor of said Town. Approved February 25, 1800. 



430 



Acts, 1799. — Chapters 53, 54. 



Further time 
allowed. 



1799. — Chapter 53. 

[January Session, ch. 19.] 

AN ACT FOR ALLOWING "THE PROPRIETORS OF THE UPPER 
LOCKS & CANALS ON CONNECTICUT RIVER, IN THE COUNTY 
OF HAMPSHIRE," A FURTHER TIME FOR COMPLETING THEIR 
WORKS. 

Be it enacted by the Senate & House of Representatives, 
in General Court Assembled, <& by the Authority of the 
same, That a further time of two years from the passing 
of this Act be, & hereby is allowed to said Proprietors to 
compleat their works for rendering said River passable for 
Boats & other Craft, between the mouth of Deerfield River 
& the head of Miller's Falls, so called, any thing in the 
original Act respecting the same to the contrary notwith- 
standing. Approved February 25, 1800. 



Preamble. 



Persons incor- 
porated. 



1799. — Chapter 54. 

[January Session, ch. 21.] 

AN ACT ESTABLISHING THE NINTH MASSACHUSETTS TURNPIKE 
CORPORATION. 

Whereas the highivay leading from the line of Thomp- 
son, in the State of Connecticut, where it adjoins this 
Commonwealth, toward the Town of Boston, is rocky & 
Hilly, and the expense of Straightening, making <& re- 
pairing the same, through the toivns of Douglass, Uxbridge, 
3fendon, & Bellingham, so that the same may be convenient 
for Travellors with horses and carriages, would be much 
greater than ought to be required of the said towns; And 
whereas Benjamin Read <& others, petitioned this Court 
that a Turnpike may be granted for making and repairing 
the same: 

Sect. 1st. Be it therefore enacted by the Senate <& 
House of Representatives, in General Court Assembled, 
& by the authority of the same. That Phillip Ammedon, 
Benjamin Read, Aaron Marsh, James Mellen, Moses 
Whitney, Samuel Willard, Benjamin Adams, Paul Dudley, 
Benjamin Craggin, John Miller, David Farnum Junr. , 
Adolphus Spring, Samuel Read, John Capron, Asa Thayer, 
Job Knap, Seth White, Timothy Craggin, Ephraim Spring, 
Peter White, Frederic Taft, Daniel Carpenter, Daniel Til- 
linghast& Company, Israel Aldrich, John Whiting, Daniel 
Day, Benjamin Thayer, Abijah Keith, Benjamin Wood, 



name. 



Acts, 1799. — Chapter 54. 431 

Obediah Wood, Seth Kawson, Ezekiel Wood, Asa White, 
Abel Aldrich, Benjamin Thwing, Benjamin Thwing, Junr. 
Stephen Williams, Joel Sibley, Joseph Eiet, Benjamin 
Legg, Benjamin Thayer 2d, Amory Wood, And all such 
persons as shall be associated with them, and their Success- 
ors, shall be a corporation, by the name of the Ninth Massa- Corporate 
chusetts Turopike Corporation, and shall, by that name, sue 
&, be sued, and enjoy all the privileges and powers which 
are by law incident to Corporations, for the purpose of lay- 
ing out and making a Turnpike Road from the end of the 
Turnpike road in Thompson, in the State of Connecticut, 
where it adjoins the line of this Commonwealth in the 
town of Douglass, in the County of Worcester, to the east 
line of the town of Bellingham, in the County of Norfolk, 
& for keeping the same in repair, in such place or places 
as the said Corporation shall choose for the same ; which width of road. 
road shall not be less than four rods wide, & the part to 
be traveled on, not less than Eighteen feet in w^idth in any 
place ; And that when said Turnpike Road, shall be suf- Turnpike gates. 
ficiently made, and shall be so allowed and approved, by 
the Justices of the General Sessions of the Peace for the 
County of Worcester, at any term thereof, then the said 
Corporation, shall be authorized to erect two Turnpike 
Gates on the same, in such manner as shall be necessary 
& convenient ; one of which Gates shall be near the house 
of Doctr. John Scammel, in Bellingham, easterly of the 
road that leads from Taunton to Worcester, and the other 
Gate a little west of the Meeting house in said Douglass, 
& shall be entitled to receive from each traveller & pas- tou. 
senger, at each of said Gates, the following rates of toll, 
to wit, for every Coach, Phaeton, Chariot, or other four 
wheel carriage, drawn by two horses, twenty-five Cents, 
& if drawn by more than two horses, an additional sum 
of four Cents for each horse ; for every Curricle twenty 
Cents; for every Cart, waggon. Sled or Sleigh drawn by 
two horses or oxen ten cents, and if drawn by more than 
two, an additional sum of three Cents for every such horse 
or ox ; for every chaise, chair or other carriage drawn by 
one horse nine cents ; for every man & horse four Cents ; 
for all oxen, horses, mules & neat Cattle, led or driven, 
besides those in teams & Carriages, two cents each ; for 
all sheep & swine three cents by the dozen, and in that 
proportion for a greater or less number. Provided, That Proviso. 
nothing in this Act shall extend to entitle the said Corpo- 



432 



Acts, 1799. — Chapter 54. 



Sign Board. 



Court of Ses- 
BioDB author- 
ized. 



Penalty for for- 
cibly passing 
the gates. 



ration to demand toll of any person who shall be passing 
with his horse or carriage to or from public worship, or 
with his horse or team to or from any Mill ; or with his 
horse, team or Cattle to or from his common Labour on 
his farm, or on the common & ordinary business of family 
concerns within the same Towns, or any person passing 
on Military duty. 

Sect. 2d. And be it further enacted, That the said 
Corporation shall, at each place where the toll shall be 
collected, 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. 

Sect. 3d. And be it further enacted, That the said 
Corporation may purchase & hold land over which they 
may make the said road ; and the Justices of the Court 
of Genl. Sessions of the Peace in such County, are hereby 
Authorised, on application from the said Corporation, to 
lay out such road or any part thereof within their respec- 
tive Jurisdictions, as, with the consent of the said Corpo- 
ration, 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 by 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 trial by Jury, accord- 
ing to the law which makes provision for the recovery of 
Damages happening by laying out public highways. 

Sect. 4th. And be it further enacted, That if any 
person shall cut, break down or destroy either of the turn- 
pike Gates, or shall forceably 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 tine not 
exceeding fifty dollars, nor less than two dollars, to be 
recovered by the Treasurer of the said Corporation to 
their Use, in an Action of Tresspass. And if any person, 
shall, with his cattle, team, carriage, or horse, turn out of 
the said road to pass either of the said Turnpike Gates on 
Ground adjacent thereto, & again enter on said Road, 
with intent to avoid the toll due by Virtue of this Act, 
such person shall forfiet & pay three times so much as the 
legal Toll would have been, to be recovered by the Treas- 
urer of said Corporation to the use thereof, in an action 
of debt. 



Acts, 1799. — Chaptek 54. 433 

Sect. 5. And be it further enacted, That if the said f4^^fpfL'en" 
CoriJoration, their Toll Gatherers, or others in their gersorde- 

1 ' nianuiDg exces- 

employ, shall unreasonably delay or hinder any Traveller she ton. 
or passenger at either of the said Gates, or shall demand 
and receive more toll than is by this act established, the 
Corporation, shall forfiet & pay a Sum not exceeding ten 
dollars, 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 jjerson enjured, delayed or 
defrauded, in a Special action on the case ; the writ in 
which shall be served on the Corporation by leaving a [a] 
Copy of the same with the Treasurer, or Avith some indi- 
vidual Member of the Corporation living within the 
County where the offence shall be committed, or by read- 
ing the contents thereof to the said Treasurer or indi- 
vidual Member, at least Seven days before the day of 
trial : And the Treasurer of the said Corporation or an 
individual Member, shall be allowed to defend the same 
suit in behalf of the Corporation; And the Corporation PerBons dam- 
shall be liable to pay all damages which shall happen to of bridles! Ic. 
any person from whom toll is by this Act demandable, for nm^eV."*^^™ 
any damages which shall arise from defect of bridges, or 
want of repairs within the same way, & shall be also 
liable to a fine on the presentment of the Grand Jury, for 
not keeping the same way or the bridges thereon in good 
repair. 

Sect. 6th. And be it further Enacted, That the shares consid- 
Shares in the same turnpike road shall be taken, deemed estate^.Trans^- 
& considered to be personal Estate to all intents & pur- [olttlfch^mem!^ 
poses ; & shall & may be transferable ; & the mode of 
transfering said Shares shall be by deed, acknowledged 
before any Justice of the Peace & recorded by the Clerk 
of the said Corporation in a book to be kept for that pur- 
pose ; and when any of the said Shares shall be attached 
on mesne j^rocess, an attested copy of such process shall, 
at the time of the attachment, be left with the Clerk of 
the 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 
Sale or the Judgment Creditor, leaving a Copy of the Ex- 
ecution, & of the Officer's return on the same, with the 
Clerk of the said Corporation within ten days after such 
Sale, & pajdng for the recording of the same. 



434 



Acts, 1799. — Chapter 54. 



Voting regu- 
lated. 



Delinquent 
proprietors' 
shares to be 
sold. 



First meeting 
directed. 



Return of ex- 
penses ordered. 



Sect. 7th. And be it further enacted. That every pro- 
prietor in the said Turnpike Road, or his Agent duly 
Authorised in writing, sliall have a right to vote in all 
meetings of the Said Corporation, & be entitled to as 
many votes as the proprietor has Shares in the same ; Pro- 
vided his number of Shares do not exceed ten ; but no 
proprietor shall be entitled to more than ten Votes for any 
greater number of Shares he may possess. 

Sect. 8tpi. And be it further enacted. That whenever 
any Proprietor shall neglect or refuse to pay any tax or 
assessment, duly voted & agreed upon by the Corporation , 
to their Treasurer, within Sixty days after the time set for 
the payment thereof, the Treasurer of the said Corporation 
is hereby authorised to Sell at Public vendue, the Share or 
Shares of such delinquent Proprietor, one or more as shall 
be sufficient to defray said taxes & necessary incidental 
charges, after duly notifying, in the Newspapers printed 
at Dedham, the sum due on any such shares, & the time 
& place of Sale, at least twenty days previous to the time 
of Sale, <fe such Sale shall be a 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 with the 
number of shares so sold, shall be by the Clerk entered 
on the books of the said Corporation & such person shall 
be considered to all intents & 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 he it further Enacted, That a meet- 
ing of the said Corporation shall be held at the house of 
John Miller & Jesse Fuller, Innholders in Mendon, on the 
third Tuesday of March next, for the purpose of choosing 
a Clerk, who shall be sworn to the faithfull discharge of 
his trust, & such other OflScers as may then & there be 
agreed upon by the said Corporation for regulating the 
concerns thereof, and that the said Corporation may then 
and there agree upon such method of calling meetings in 
future as they may Judge proper. 

Sect. 10th. And be it further enacted, That the said 
Corporation shall, within Six Months, after the said Road 
is completed, lodge in the Secretary's OflSce an account 
of the expenses thereof, & that the said Corporation shall 
annually exhibit to the Governor & Council a true 



Acts, 1799. — Chapter 55. 435 

account of the income or dividend arising from the Toll, 
with their necessary annual disbursements on said road ; & ^e^^ng°ected"*^ 
that the Books of the said Corporation shall at all times 
be subject to the inspection of a Committee to be appointed 
by the General Court, or to the inspection of the Gov- 
ernor & Council when called for. 

Sect. 11th. And be it further' enacted, That the Gen- corporation 
eral Court may dissolve said Corporation whenever it shall ^?ved1in cer- 
appear to their satisfaction, that the income arising from ^^"°'=*®®' 
the Toll, shall have fully compens[a]ted the said Corpora- 
tion for all monies they may have expended, in purchasing, 
repairing & taking care of the said road, together with an 
interest thereon at the rate of twelve per Centum by the 
year ; & thereupon the property of the said road shall be 
vested in this Commonwealth, &, be at their disposal. 
Provided^ that if the said Corporation shall neglect to 
complete the said Turnpike road for the space of three 
years from the passing this Act the same shall be void and 
of no effect. Approved February 25, 1800. 



1799. — Chapter 55. 

[January Session, ch. 22.] 

AN ACT FOR DIVIDING THE SECOND PARISH IN THE TOWN OF 
WEST SPRINGFIELD, IN THE COUNTY OF HAMPSHIRE, INTO 
TWO PARISHES. 

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 Second Parish in the Town une of division. 
of West Springfield, in the County of Hampshire, be, and 
hereby is divided into two seperate Parishes, by a Line 
between the inward and outward Common (so called) — 
Beginning at Suffield Line, and running North on said 
Common Line to the Monument, or North east corner of 
the outward Common aforesaid, then running North, forty 
degrees West, to Agawam River. 

Sect. 2. Be it further Enacted, That the new Parish corporate 
created by this Act, which is the Westwardly part of said 
second Parish, shall be known by the name of the Fourth 
Parish in West Springfield, and that all lands liable to pay 
Taxes within the said Parishes, shall be held and taxed 
within the Parish where they shall lye, although the 
Owner may live in the other. 



436 



Acts, 1799. — Chapter 56. 



?*ecUn°°uMoi. Sect. 3. Be it fuHher Enacted, That all taxes legally 
lected taxes, &c. assessed on the polls and estates of the Inhabitants of the 
said Second Parish, and now uncollected, shall be paid to 
the Treasurer of the said second parish, and with all other 
monies now in the Treasury, and all other property now 
belonging to said second Parish, shall be divided between 
the said Second and Fourth parishes, according to the 
sum they severally paid in the last State Tax. 

Sect. 4. Be it further Enacted, That the said fourth 
Parish is hereby vested with all the powers, privileges, 
rights and immunities with which other Parishes in this 
Commonwealth are invested. 

Sect. 5. And he it further Enacted, That Justin Ely, 
esqr. be, and he is hereby empowered to issue his War- 
rant, directed to some suitable Inhaliitant of said Fourth 
Parish, requiring him to notify and warn the Inhabitants 
of said Parish, to meet at such time and place in said 
parish, as shall be appointed in said Warrant, and theu 
and there to choose such Officers, as may be necessary 
to manage the aflairs of said Parish. And the Inhabitants 
qualified by Law to vote at said Meeting, being so assem- 
bled, shall be, and hereby are empowered to choose such 
Officers accordingly. Apiyroved February 26, 1800. 



Parish privi- 
leges. 



First meeting. 



Boundaries. 



1799. — Chapter 56. 

[January Session, ch. 23.] 

AN ACT TO INCORPORATE THE PLANTATION NUMBER SEVEN, 
LYING ON BOTH SIDES OF UNION RIVER, IN THE COUNTY 
OF HANCOCK, INTO A TOWN BY THE NAME OF ELLSWORTH. 

Sect. 1st. Be it enacted, by the Senate S House of 
Representatives in General Court Assembled & by the Au- 
thority of the same, that the Plantation numbered Seven, 
lying on both sides Union River, as described in the fol- 
lowing boundaries, vizt. beginning at Union Eiver, at the 
North Easterly corner of township number Six, & bounded 
thereby ; thence running north, sixty degrees West, six 
miles, to a corner ; thence running North eighteen de- 
grees West, five miles & one quarter to a corner, being on 
the line of Township Number two incorporated the present 
Session by the name of Orland ; thence Easterly on town- 
ship number Eight, nine miles to a corner ; thence South 
by number Fourteen & number Eight in the Lottery 
Townships, nine miles to the North line of Trenton ; 



Acts, 1799. — Chapter 57. 437 

thence West by said Trenton line two miles to Union 
Kiver; thence up said River & bounding thereon, one 
mile & three quarters to the place of beginning ; together 
with the inhabitants thereon, be & hereby is incorporated Sme'!'^*'^ 
into a Town by the name of Ellsworth ; & the said Town 
is hereby vested with all the powers, privileges & immu- 
nities which other Towns do or may enjoy by the Consti- 
tution & Laws of this Commonwealth ; provided that the ProviBion re- 
inhabitants of said Plantation shall be holden to pay to ^^^"'^"^ *^^*' 
the town of Trenton their proportion of all Taxes voted 
by said Town of Trenton, together with all State & 
County Taxes apportioned on the said Town of Trenton, 
before the passing of this Act. 

Sect. 2d. Be it further Unacted, that Theodore First meeting. 
Jones, Esquire, be & hereby is empowered to issue his 
Warrant directed to some suitable Inhabitant of said 
Town, 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 to 
choose in the month of March, or April, annually. 

Approved February 26, 1800. 

1799. — Chapter 57. 

[January Seseion, cli. 24.] 

AN ACT GIVING A REMEDY IN LAW, AGAINST THE EXECU- 
TORS AND ADMINISTRATORS OF DECEASED DEBTORS IN JOINT 
CONTRACTS. 

Be it Enacted hy the Senate and House o/Rejrresentatives, 
in General Court assembled, and hy the authority of the 
same. That the goods and estate of each deceased Debtor, 
in every joint Contract hereafter to be made, whether 
Obligation, Covenantor other Instrument under seal, prom- 
issory note. Memorandum in writing, or any other Con- 
tract express or implied, or in any Judgment on any 
Contract hereafter to be made, shall be liable in the hands 
of his Executors and Administrators for the payment 
thereof in like manner, and the Creditor shall have the 
same remedy, and may have and maintain an Action in 
Law, against such Executors and Administrators, in the 
same manner as if such Contract had been joint and sev- 
eral. Approved February 26, 1800. 



438 



Acts, 1799. — Chapter 58. 



Title to real 
estate con- 
firmed. 



Proprietors 
allowed to pur- 
chaee and bold 
other real 
estate. 



Beal Bstate 
limited. 



Toll for certain 
part of said 
river. 



1799. — Chapter 58. 

[January Session, ch. 25.] 

AN ACT IN ADDITION TO THE ACT INCORPORATING SUNDRY 
PERSONS BY THE NAME OF, THE PROPRIETORS OF THE 
LOCKS, AND CANALS ON CONNECTICUT RIVER, AND THE 
OTHER ACTS SINCE PASSED RESPECTING THE SAME. 

Sec. 1. Be it enacted by the Senate, and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That the real estate heretofore pur- 
chased by the said Proprietors, and which is conveyed to 
them by deed, be, and hereby is confirmed to them, and 
their successors forever, any doubts respecting their au- 
thority to purchase, and hold the same, by virtue of the 
orginal act of their incorporation, notwithstanding. 

Sec. 2d. Be it further enacted by the authority afore- 
said. That the said Proprietors be, and hereby are author- 
ized, and empowered to purchase, and hold other real 
estate beside that, which is -wholly occupied by their 
Canals, Locks, and necessary a})pendages to the same ; 
and all real estate by them owned, to lease, sell, and con- 
vey, or otherwise dispose of, as the said Proprietors shall 
think proper — provided, that the clear annual income of 
such real estate, which has been, or shall be purchased by 
them, does not at any time exceed five thousand Dollars, 
exclusive of the Toll received by them on Boats, Rafts, 
and other Floats passing thro' said Locks and Canals. 

Sec 3. And be it further Enacted by the authority 
aforesaid. That the said Proprietors be, and hereby are 
authorized to demand, and have, on all Boats, and load- 
ing therein, rafts, and other floats, of any and every kind, 
as specified in the said original act, of the person own- 
ing, or conducting the same, which only pass up, or down 
that part of said river lying between the Mouth of Chicopee 
River, and the foot of the Great Falls in said River near 
Lamb's landing, so called, in South Hadley, one third ot 
the Toll they are authorized to demand and have, on all 
Boats and loading therein. Rafts and other floats passing 
through the whole of their works between the Mouth of 
said Chicopee River, and the Mouth of Stoney Brook, so 
called, in South Hadley, by virtue of the said original act 
of their Incorporation. Approved February 26, 1800. 



Acts, 1799. — Chapter 59. 439 



1799. — Chapter 59. 

[January Session, ch. 27.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO PRE- 
VENT THE SPREADING OF CONTAGEOUS SICKNESS." 

Whereas it is necessary, that some further provision Preamble. 
should be made hy law, to require Vessels to perform 
Quarantine, for the safety of the jjeojjle in this Common- 
ivealth : 

Sec. 1st. Be it enacted by the Senate and House of 
Hejjresentatives, in General Court assembled, and by the 
authority of the same. That whenever it shall appear to selectmen au- 
the Selectmen of any Seaport-town within this Common- *^°"^^'^' 
wealth, (other than Boston and Salem,) that the safety of 
the inhabitants thereof requires, that any Vessel or Ves- 
sels, which shall arrive in any harbour or river, within 
this Commonwealth, from any port or place, should per- 
form Quarantine, the Selectmen of any town, where such 
vessel shall so arrive, are hereby required and empow- 
ered to cause such vessel, or vessels to perform Quaran- 
tine, at such place, as they shall appoint, and under such 
restrictions, and regulations, as they may judge expedient ; 
and any owner, master, or supercargo, officer, seaman, or Penalty for dis- 
consignee of such vessel or vessels, or any other person, &^^oTie°ecu" 
who shall neglect or refuse to obey the orders, directions, ™®°' 
rules, regulations and restrictions of the said Select-men, 
respecting the said Quarantine, and shall be convicted 
thereof, upon indictment or information, before the 
Supreme Judicial Court, or Court of General Sessions of 
the Peace, held in the County where the offence may be 
committed, shall forfeit, and pay a Sum not exceeding five 
hundred Dollars, or be imprisoned for a term of time not 
exceeding six Months, or both, at the discretion of the 
Court, having cognizance of such oiFence. 

Sec 2d. i?e zY/'wj'^Aei' e?iac^efZ, That when any master. Attention to bo 
or commander of any vessel, shall come up to any seaport- fnformatfon of 
town aforesaid, with his said vessel, after notice given to ^'^^^n^'i^e- 
him, by any person, or persons, whomsoever, that a 
Quarantine has been directed, by the said Selectmen for 
all vessels, coming from the port, or place, from which 
such master, or commander shall have arrived, or shall 
fals[e]ly or fraudulently, attempt to elude the directions 
of the said Selectmen, by false and unfounded declarations 



440 



Acts, 1799. — Chapter 59. 



No person or 
things to be 
landed. 



Penalty. 



Pilots directed. 



Red flags to be 
hoisted at mast- 
head. 



Persons not to 
go on board 
such vessels. 



of the port, or place, from whence he came, or shall land, 
or sufler to be landed from his vessel, any person or per- 
sons, or apparel, bedding, goods, or merchandize whatso- 
ever, without the permission of the said Selectmen, every 
such master or commander, shall, upon conviction thereof 
in manner and form pointed out in the first section of this 
act, forfeit, and pay a sum not exceeding five hundred Dol- 
lars, or suffer imprisonment for a term, not exceeding six 
Months, or both, at the discretion of the Court, having 
cognizance of such offence. 

Sec. 3d. Be it farther enacted^ That whenever the 
said Selectmen shall think it necessary to order all ves- 
sels, which shall, or may arrive, at any of the seaport 
towns aforesaid, from any particular port or ports, to ])er- 
form Quarantine, and shall give notice of such order to 
the pilots, of the said seaport towns, it shall be the duty 
of such pilots to make known the said order to the Cap- 
tains, or Masters of all vessels which they shall board ; 
and if any pilot, after notice given to him as aforesaid, 
shall neglect to make known the said order, or shall pilot 
any such vessel up to any town aforesaid, he shall, upon 
conviction thereof, in manner and form pointed out in the 
first section of this act, forfeit and pay a tine not exceed- 
ing One hundred Dollars. 

Sec. 4th. Be it farther enacted. That the Selectmen 
of each of the seaport-towns aforesaid shall provide at the 
expence of such towns, a suitable number of red flags, of 
three yards, at least, in length ; and the master of every 
vessel, ordered to perform Quarantine, for the purpose of 
purification, shall hoist one of said flags on the head of 
the mainmast, there to be kept, during the whole time, so 
long as said vessel or vessels are performing Quarantine ; 
and no person, during that time, shall go on board, ex- 
cept those employed by the said Selectmen ; and every 
person who shall transgress, by going on board any such 
vessel, shall be considered as contaminated with infection, 
and held to undergo purification in the same manner, and 
under the same regulations and restrictions, as those per- 
sons who are performing Quarantine on board such vessel 
or vessels, and shall there remain, until discharged by 
order of said Selectmen, who, by any person, or persons, 
employed by them, may forcibly detain such person or 
persons, transgressing as aforesaid, for the purpose of 
purifying as aforesaid. 



Acts, 1799. — Chapter 60. 441 

Sec. 5th. Be it farther enacted^ That in every sea- neaith com. 
port-town aforesaid, where there is a Health Committee, ™r authorized. 
or a Health Officer, legally chosen, and appointed, in 
manner as directed by the act, to which this is in addition, 
and the Selectmen of such town shall judge it necessary, 
and shall certifv it under their hands, or the major part 
of them, such Health Committee, or Health Officer are 
hereby authorized to perform all the duties, and exercise 
all the authority, which Selectmen are authorized and 
required to execute, in requiring any person, or persons, 
vessel or vessels, as aforesaid, to perform Quarantine in 
manner as pointed out in this Act. 

Sec. 6th. And he it further enacted. That all the for- Forfeitures. 
feitures arising from this act shall accrue to the use of the 
Town where the ofience shall be committed, and all ex- 
pences arising from any vessel, person, or persons, or 
effects on board the same, performing Quarantine as afore- 
said, shall be paid bv the owner or owners of such vessel Expenses aris- 

tv 111" 1 • ' r- 1 ^°S from any 

or efiects on board the same, and in case of refusal to pay vessel, &c. to be 

I ,1 1 1 1 j^' Pfiid by owners 

such expences, the same may be recovered by an action of vessel or 
of debt, in the name of the Selectmen Health Committee, '^^^^°' 
or Health Officer, as the case may be, in any Court proper 
to try the same. Approved February 26, 1800. 

1799. — Chapter 60. 

[January Session, ch. 28.] 

AN ACT FOR THE DUE REGULATION OF WEIGHTS AND MEAS- 
URES. 

« 

Sect. 1. Be it Enal^P^ted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That the brass and Copper Weights Winchester 
and Measures, formerly sent out of England, with a Certifi- iTslfed'as^tanV 
cate from the Exchequer, to be approved Winchester Meas- '"^''*' 
ures, according to the standard in the said Exchequer, and 
adopted, used and allowed in this Commonwealth, be, and 
remain the public allowed Standards throughout the same, 
by which all Weights and Measures shall be tried, proved 
and sealed, in manner as is hereinafter provided. And it Treasurer to 
shall be the duty of the Treasurer of this Commonwealth, ures, weights," 
at the expense thereof, to cause to be had and preserved 
as public Standards, and which shall be used only as 
such, the following Beams, Weights and Measures, to 
wit : one bushell ; one half bushel ; one peck ; one half 



&c. 



442 



Acts, 1799. — Chapter 60. 



County Treas- 
urers to pro- 
cure measures, 
weights, &e. 



To be resealed 
every ten years. 



Penalty in case 
of neglect. 



peck ; one ale quart ; one wine gallon ; one wine half 
gallon ; one wine quatt ; one wine pint ; one wine half pint, 
and one wine gill ; said Measures to be made of Copper 
or Pewter, conformable, as to contents, to said Winchester 
Measures, and as to breadth, that is to say, the diameter 
of the bushel not less than eighteen inches and a half, 
containing thirty two Winchester quarts ; of the half ' 
bushel, not less than thirteen inches and three quarters, 
containing sixteen Winchester quarts ; of the peck, not 
less than ten inches and three quarter?^, containing eight 
Winchester quarts ; and of the half peck, not less than 
nine inches, containing four Winchester quarts ; the ad- 
measurement to be made in each instance within side of 
the measure; Also, one Ell, one Yard, one set of Brass 
weights to four pounds, computed at sixteen ounces to 
the pound, with fit scales and steel beam ; also a good 
beam and scales, and a nest of Troy weights, from One 
hundred and twenty eight ounces, down to the least de- 
nomination, with the weight of each Weight, and the 
length of each Measure, marked or stamped thereon 
respectively, and sealed with a Seal to be procured and 
kept by the Treasurer aforesaid ; and also one fifty six 
pound weight, one twenty eight pound weight, one four- 
teen pound weight, and one seven pound weight, made of 
iron. 

Sect. 2. Be it further Enacted That it shall be the 
duty of the Treasurer of each County, at the expence 
thereof, to procure, before the first day of September next, 
one complete set of beams, and of the brass, copper, 
pewter and iron Weights, and of the Measures afore- 
said, well tried, proved and sealed by the said State 
Standards, and marked or stamped as aforesaid ; said 
Measures, as to breadth as well as contents, to be con- 
formable to the State Standards aforesaid ; which the said 
County Treasurer shall keep and preserve for the use of 
the respective Counties, and to be used as Standards only. 
And once in Ten years afterwards, the respective Treas- 
urers for the time being, of the several Counties, shall 
cause the same to be tried, proved and sealed by the 
Treasurer and Standards of the Commonwealth. And if 
any County Treasurer shall neglect his duty in this behalf, 
he shall forfeit and pay for each neglect, the sum of Two 
hundred Dollars, to the use of the Commonwealth, to be 
recovered in an Action of Debt in the name of the Com- 



Acts, 1799. — Chapter GO. 443 

mon wealth, in any Court proper to try the same, with 
costs of suit ; Provided hoicever. That if any County Proviso. 
Treasurer has, within one Year next preceeding the pass- 
ing of this Act, provided the several Weights and Meas- 
ures herein before specified, and had the same tried and 
approved by the Treasurer of this Commonwealth, such 
County Treasurer shall not be holden to have such 
Weights and Measures, again tried and proved, until the 
expiration of Ten Years, from the first day of September 
next. 

Sect. 3. Be it further Enacted., That it shall be the TownTreas- 
duty of the Treasurer of each Town and District within welghu.^&cf" 
this Commonwealth, at the expense of such Town or Dis- 
trict, to procure, before the first day of January next, 
and ever after to preserve as Town and District Standards, 
a complete set of the Beams, Weights and Copper or 
Pewter Measures, conformable to the State Standards, as 
aforesaid ; excepting however, the said bushel measure ; Exceptions. 
and excepting also, that no Treasurer of any Town or 
District, shall be bound to procure a nest of Troy weights, 
other than from the lowest denomination, to the size of 
eight ounces, which it is hereby made his duty to procure ; 
all of which he shall cause to be well tried, proved and 
sealed as aforesaid, either by the Treasurer of this Com- 
monwealth, or of the County, within which such Town or 
District shall be situated, and to have the same tried, 
proved & sealed as aforesaid, once in every Ten Years 
afterwards. And the State or County Treasurer, shall be Fees. 
entitled to demand and receive of each Town or District 
Treasurer, a fee of three cents for the first sealing of any 
Weight, Measure, Scale or Beam, and two cents for each 
and every after sealing of the same. And it shall also be Towns and dis. 
the duty of Town and District Treasurers, to procure, at seaisl °^^°'^^^^ 
the expense thereof, and to preserve, a proper Town or 
District Seal, for the purposes herein after mentioned. 
And it any Town or District Treasurer, shall neglect his Penalty for 
dut}' in the premises, he shall, for each neglect, forfeit °'*^^'''" 
and pay One hundred Dollars, one moiety thereof to the 
use of the poor of the Town or District, and the other 
moiety to him or them who shall sue for the same, to be 
recovered in an Action of Debt, with costs of Suit, in any 
Court proper to try the same. 

Sect. 4. Be it further Enacted, That after the first 5|fofmteaiers 
day of January next, it shall be the duty of the Select- of weights 



Ui 



Acts, 1799. — Chapter 60. 



aud measures 
wiibin their 
limits. 



Selectmen may 
remove sealers. 



Penalty for a 
sealer's refusing 
to serve. 



— for selectmen 
not duly execut- 
ing this law. 



Provision for 
more than one 
sealer. 



Sealers to re- 
ceive standards 
and give re- 
ceipts. 



men of each Town and District in this Commonwealth, in 
the Month of March or April annually, to appoint a suit- 
able person, to be a Sealer of Weights and Measures 
within the same. And it shall also be the duty of the 
Selectmen, in such Towns or Districts in this Common- 
wealth, as shall, at any of their annual meetings in March 
or April, which shall be holden after the first day of Jan- 
uary next, vote to have more than one Sealer of Weights 
and Measures within their Town or District, to appoint 
suitable persons therefor. And the Selectmen of the 
several Towns and Districts are hereby authorized to re- 
move from Office any person or persons by them appointed 
as Sealers of Weights and Measures by virtue of this Act. 
And it shall be the duty of the Selectmen, upon any 
vacancy which shall happen in the Office of Sealer ot 
Weights and Measures, either by Death, removal, resig- 
nation, refusal to accept, or otherwise, immediately to 
appoint some other suitable person to fill the place. And 
each person, who shall be appointed to such Office, shall 
be notified of his appointment and sworn as other Town- 
Officers are. And if any person, so appointed and noti- 
fied, shall refuse or neglect to take such Oath, for the term 
of seven Days after he shall have received such notice, he 
shall forfeit and pay five Dollars, to be recovered in the 
manner and to the uses other fines are, for refusing to 
serve in other Town Offices. And if any Selectman shall 
not duly execute this Law, so far as to him appertains, he 
shall forfeit and pay for each month's neglect, the sum of 
Ten Dollars, to be recovered in like manner and to like 
uses. And the Treasurers of such Towns and Districts, 
as shall, as aforesaid, vote to have more than one Sealer 
of Weights and Measures, within their Town or District, 
shall, at the expence thereof, procure, and shall preserve, 
the necessary additional Seals, Weights and Measures be- 
fore specified ; so that each Sealer, in such Town or Dis- 
trict, may have complete setts of the same, under like 
penalties and forfeitures, as are provided in the third Sec- 
tion of this Act. 

Sect. 5. Be it further Unacted, That it shall be the 
duty of each Sealer of Weights and Measures, as soon as 
appointed and sworn, to receive of the Town or District 
Treasurer, the said Town or District Standards and Seal, 
and to give him a receipt therefor, expressing the contents 
thereof and the condition in which the same may be ; and 



Acts, 1799. — Chapter 60. 445 

in such receipt engaging, at the expiration of his the said 
Sealer's Office, to deliver the same, in like order and con- 
dition, to the said Treasurer or his Order ; and such 
Sealer shall be accountable to the Town or District for the 
due preservation of the same so long as he shall hold them 
on such receipt. 

Sect. 6. Be it further Enacted, That it shall be the fur- Notifications to 
ther duty of the said Sealer of Weights and Measures, in ^®p°®*® '^'^• 
the Month of May, in the Year One Thousand, eight hundred 
and one, and in the IMonth of May in every Year after- 
wards, to post up written Notifications, in the several parts 
of the Town or District, expressing therein the time and 
place, when and where, he will attend such of the Inhabi- 
tants as live within the limits described in his Notification, 
and seal all such of their great and small Beams, Weights 
and Measures, as they shall bring in for that purpose. 
And the said Sealer shall be entitled to demand and re- seaiers' fees. 
ceive, for trying and proving by said Town and District 
Standards, and sealing, as aforesaid, three cents for each 
Beam, Weight and Measure, found to be not conformable 
to said Standards, and one cent and five rallies for each 
Beam, Weight and Measure found to be conformable 
thereto. And the said Sealer shall deface and destroy 
all Weights and Measures which cannot be brought to 
their just Standards. 

Sect. 7. Be it further Enacted, That the said Sealer seaierstogoto 
be, and he hereby is authorized and required to go to the ^°"^®^'^''- 
Houses of such Innholders, and to the Ware-houses, 
Stores and Shops of such Merchants, Traders and Retail- 
ers of spirituous Liquors, and authorized to go to the 
houses of such of the other Inhabitants, as shall neglect, 
as aforesaid, to bring or send in the said Beams, Weights 
and Measures, and there at their said houses, stores, 
shops and warehouses, to try, prove and seal the same 
beams, weights and measures. And the Sealer shall have seaiers'fees 
a right to demand and receive therefor, four cents, for fo>' travelling. 
each and every mile he shall necessarily travel for that 
purpose, going out and returning home, and double his 
fees aforesaid, of the owner, to be recovered by action of 
debt, or on the case, with costs, in any Court proper to 
try the same. And if any such person or persons shall Penalty for re- 

V 1 1 . 1 I • -r^ -ITT- • fusing to have 

reiuse or neglect, to have his, her or their Beams, \\ eiohts weights, &:c. 

' o sealed 

or Measures so tried, proved and sealed, he, she or they 
shall forfeit and pay ten dollars for each offence, one 



446 



Acts, 1799. — Chapter 60. 



— for sealers 
neglecting duty 



— for selling by 
other than 
sealed weights, 
&c. 



Act to com- 
mence opera- 
tion. 



Laws repealed. 



Proviso. 



moiety to the use of the poor of the Town or District, and 
the other moiety to the Sealer, to be recovered in an 
action of debt, with costs, as aforesaid. And if any Sealer 
of Weights and Measures, shall neglect his duty in any of 
the cases in this Act specified, he shall, for each neglect, 
forfeit and pay not less than five, nor more than ten Dol- 
lars, one moiety thereof to the poor of the Town or Dis- 
trict, and the other moiety to the informer, to be recovered 
by an action of debt, or on the case, with costs as afore- 
said. 

Sect. 8. Be it further £Jnacted, That all Measnves by 
which. Meal, Fruit or any other thing, usually sold by 
heaped measures, shall be sold, shall be conformable as 
to capacity and breadth, to the public allowed Standards 
aforesaid. And if any person shall sell or expose to sale 
any Meal, Fruit or other thing, usually sold by heaped 
measure, by any other measure, as to capacity and breadth, 
than is before mentioned, or shall sell or expose to sale, 
any goods, wares or merchandize, grain or other commod- 
ity whatsoever, by any other Beams, Weights or Meas- 
ures, than those sealed as aforesaid, he shall forfeit and 
pay for each offence, not less than one Dollar nor more 
than Ten Dollars, according to the circumstances of the 
case ; one moiety thereof to the use of the poor of the 
Town or District, and the other moiety to the said Sealer, 
or to him or them, who shall sue for the same, to be re- 
covered in an action of debt or on the case, with costs of 
suit, in any Court proper to try the same. 

Sect. 9. And be it further Enacted^ That this Act 
shall take effect and be in force from and after the first day 
of January next, and until such time as the Congress of 
the United States shall have fixed by Law the Standard 
of Weights and Measures ; and that the several Acts, the 
subject matter whereof is herein contained, and which 
were passed previous to the Year One Thousand seven 
hundred and eighty one, be, and the same hereby are re- 
pealed, and shall cease to operate on and after that day, 
except so far as may respect any fines or forfeitures, which 
have been, or before that day, may be incurred under the 
same. 

Provided however^ and he it further Enacted^ That the 
first, second and third Sections of this Act shall be con- 
sidered as operating and having force and effect, from the 
passing hereof; and that that part of the eighth Section 



Acts, 1799. — Chapters 61, 62. 447 

of this Act which respects forfeitures and penalties shall 
not operate or have effect, until the first day of June, in 
the Year One Thousand eight hundred and one, and that 
such parts of the several Acts aforesaid, hereby to be re- 
pealed, as relate to the subject matter of the eighth Sec- 
tion of this Act, shall continue in force to the same first 
day of June, and until the recovery of such fines, forfeit- 
ures and penalties as may be incurred under the same, 
previous to that day ; any thing herein before contained to 
the contrary, notwithstanding. 

Approved Fehruary 26, 1800. 

1799. — Chapter 61. 

[January Session, ch. 26.] 

AN ACT EMPOWERING TOWNS TO RESTRAIN CATTLE FROM RUN- 
NING AT LARGE WITHIN THEIR SEVERAL LIMITS. 

Be it enacted by the Senate & House of Representatives, 
in General Court Assembled, & by the Authority of the 
saine, That the Inhabitants of any Town within this Com- Towns may 
monwealth may, at any Town Meeting, legally holden &c. shaii not go 
for that purpose, order & direct that neat cattle, horses or '^''"se. 
horse-kind, mules or asses, shall not go at large within 
the limits of such Town without a keeper under a Penalty 
therefor of twenty five cents for each Beast at any one 
time so found at large, which Penalties may be recovered 
with costs by any Inhabitant of such Town to his own 
use, by impounding such Beast & proceeding therewith 
in manner as is provided in cases of Cattle found Damage- 
Feasant. Approved Fehruary 26, 1800. 

1799. — Chapter 63. 

[January Session, ch. 29.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THE TOWNS OF ASHFIELD AND BUCKLAND, IN THE 
COUNTY OF HAMPSHIRE, INTO A RELIGIOUS SOCIETY, BY 
THE NAME OF "THE UNITED BAPTIST CHURCH & SOCIETY, IN ' 

ASHFIELD & BUCKLAND." 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, and by the 
Authority of the same. That Enos Smith, Josiah Drake, PerBons incor- 
Jehiel Drake, Ephraim Jennings, Aaron Lyon, junr. p""^*'®^- 
Elijah Steele, Abraham Savage, Eeuben "Ware, Edward 
Annabel, Elisha Smith, Japhet Chapin, John Blackmer, 



448 



Acts, 1799. — Chapter 62. 



Corporate 
name. 



Method of 
joining Society. 



Method of 
leaving said 
Society. 



Nathan Lyon, Elihu Veber, John Veber, Nathan Cook, 
Josiah Cook, William Putnam, Oliver May, Eli Fuller, 
Darius Grant, William eJones, Michael Ware Junr. Nath- 
aniel Kellogg, James Reniff, John Ellis, Josiah Drake the 
third, Caleb Ward, Peter Booth, Amos Car, Samuel Elmer, 
Samuel Annabel, Doctor Phillips, Cephas Cross, John 
Loomis, Roger Brownson, Joshua Rogers, Moses Ward, 
James Leland, Chileab Smith, Isaac Shepard, Josiah Cobb, 
Samuel Shepard, Isaac Shepard junr., Apollos Williams, 
David Lyon, Gad Elmer, eJeduthun Smith, Elnathan Ellis, 
Aliezer Perkins, Chileab Smith, Junr., Freeman Ellis, 
Israel Standish, Vespasian Phillips, Thomas Phillips, 
Aaron Lyon, Elijah Tobey, Chileab Smith the third and 
Henry Alden, members of the said religious Society, 
together with such others, as may hereafter associate with 
them, they & their Polls & Estates, be, & they are hereby 
incorporated, by the name of " The United Baptist Church 
& Society, in Ashfield & Buckland," with all the powers, 
privileges, rights and immunities, which Parishes are en- 
titled to by the Constitution & Laws of this Common- 
wealth. 

Sect. 2d. Be it further enacted, That any person in 
the said Towns of Ashfield & Buckland, of the denomina- 
tion aforesaid, who may, at any time hereafter, actually 
become a Member of, and unite in religious worship with 
said Society in said Ashfield & Buckland, & 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 the said Society, that he or she has actually 
become a member of & United in religious worship, Avith 
the said "United Baptist Church & Society in Ashfield & 
Buckland," fourteen days previous to the town or parish 
meeting therein, to be held in the Month of March or 
April annually, shall, from & after giving such certificate, 
with his or her polls and estate," be considered, as a mem- 
ber of said Society : Provided however, That such person 
shall be held to pay his or her proportion of all monies 
assessed or voted 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- 
ber of said Society, shall see cause to leave the same, & 
unite in religious worship with any other religious Society 
in the town or parish, in which he or she may live, and 
shall give in his or her name to the Clerk of the said Bap- 



Acts, 1799. — Chapter 63. 449 



tist religious Society, with a certificate, signed by the 
minister or clerk of the Parish, or other incorporated 
religious Society, with which he or she may unite, that he 
or she hath actually become a Member of, and United in 
religious worship with such other Parish, or other incor- 
porated religious Society, fourteen days previous to their 
annual meeting in March or April, and shall pay his or 
her proportion, of all monies voted in said Society, to be 
raised previous thereto, shall, from and after giving such 
certificate, with his or her polls & estates, be considered 
as a member of the Society, to which he or she hath so 
united. 

Sect. 4. And be it further enacted, That Ephraim First meeting. 
"Williams, Esquire, be, & he is hereby authorised to issue 
his warrant, directed to some principal Member of the 
said Society, requiring him to warn the Members of the 
said Society, qualified to vote in Parish afiairs, to assem- 
ble, at some suitable time and Place in said town of Ash- 
field, to choose such ofiicers, as Parishes are by law required 
to choose in the Month of March or April annually, and 
to transact all matters & things, necessary to be done in 
said Society. Approved February 26, 1800. 

1799. — Chapter 63. 

[January Session, ch. 30.] 

AN ACT TO ENCOURAGE THE MANUFACTURE OF LEATHER, 
BOOTS, HALF BOOTS, SHOES, PUMPS, SANDALS, SLIPPERS, 
AND GOLOSHOES & TO PREVENT FRAUD THEREIN. 

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 first Manufacturers 
day of June next, each Manufacturer of Leather, or of 8t"amp"ieathe"r, 
Boots, half Boots, Shoes, Pumps, Sandals, Slippers or ^"^' 
Goloshoes, shall have the exclusive right of stamping 
said articles, by him or her manufactured, with the Initial 
letter of his or her Christian Name and his or her Sur- 
name at Large, and the name of the Town or place of 
his or her abode ; and such stamping shall be considered 
as a Warranty that the article stamped is merchantable, 
being made of good materials and well manufactured. 

Sect. 2. Be it further Enacted, That none of the Not merchant- 
aforementioned Articles shall be considered as merchant- stamped!** 
able unless stamped as aforesaid. 



450 



Acts, 1799. — Chaptek 64. 



Penalty for 

fraudulently 

stamping. 



Former laws 
repealed. 



Sect. 3. Be it further Enacted, That any person who 
shall fraudulently stamp, or aid and abet in fraudulently 
stamping, either of the articles aforesaid, with the name 
or stamp of any other person, on due conviction thereof, 
shall be punished, as guilty of a fraud, either by fine, not 
exceeding one hundred Dollars, or by Imprisonment, not 
exceeding Six months, or by both those punishments, at 
the discretion of the Court havino- cognizance thereof. 

Sect. 4. Be it further Enacted, That An Act passed 
A.D. One Thousand, six hundred and ninety eight, en- 
titled " An Act for the regulating Tanners, Curriers, and 
Cordwainers " and also all Laws heretofore made respect- 
ing the manufacture of Leather, be and they hereby are 
repealed, except that they shall remain in force, so far as 
may be necessary to complete the collection of all fines 
and forfeitures, for the recovery of which a prosecution 
has already been commenced. 

Approved February 27, 1800. 



Inspector to be 
appointed. 



Manner of in- 
epecting and 
branding. 



1799. — Chapter 64. 

[January Session, ch. 31.] 

AN ACT TO REGULATE THE MANUFACTURE OF NAILS WITHIN 
THIS COMMONWEALTH, AND TO REPEAL ALL LAWS HERETO- 
FORE MADE FOR THAT PURPOSE. 

Sec 1st. Be it enacted by the Senate and House of 
Repi'eseiitatives, in General Court assembled, and by the 
authority of the same, That the Governor, by and with the 
advice and consent of the Council, be and he hereby is 
impowered to appoint, in the town of Boston, one suit- 
able person to be inspector of nails : whose duty it shall 
be, to examine every cask of wrought nails, which shall 
be brought to him for inspection, by opening such cask, 
turning out the nails contained therein, weighing them, 
and ascertaining the number of them necessary to make a 
pound, their quality, both as it respects the workman- 
ship of them and the iron of which they are made, and 
shall then proceed and mark, or brand, on the head of 
such cask, the number thereof, the whole weight of the 
cask and nails, the weight of the cask only or the tare, 
the number of nails necessary to make a pound, and also 
the quality thereof, to wit : First Sort, Second Sort, or 
Refuse ; and shall also thereupon stamp his name at large, 
and the title of his office. 



Acts, 1799. — Chaptek 64. 451 

Sec. 2d. Be it further enacted, That this Act shall ^"itng°the son. 
not constrain the Inspector to mark or brand the head of 
any cask, containing any nails, thirty five whereof shall 
weigh more than one pound ; but beginning at thirty five, 
it shall be his duty to observe five as the progressing num- 
ber, in the number of nails necessary to weigh a pound, in 
any cask which he shall be required to inspect ; always 
choosing and marking such progressive number as afore- 
said, to which the number of nails in a pound nearest 
approaches. 

Sec. 3d. Be it further enacted. That the Inspector, to Deputies to be 
be appointed as aforesaid, be, and hereby is authorized to ^pp""^^®"^- 
appoint, within any town, in this Commonwealth, from 
which nails are usually exported, a Deputy or Deputies, 
who are hereby authorized and empowered, to do and per- 
form all the duties incumbent on the said Inspector by 
law, in their respective towns ; and the said Inspector to be under 
and his Deputies shall severally give bonds to the Com- °'^"^" 
mon wealth, with sufficient sureties, in the opinion of the 
Governor and Council, and in such sum as they may 
direct, and shall also be under oath for the faithfull dis- 
charge of the duties of their office, previous to their en- 
tring on the duties thereof, and the bonds so given shall 
be lodged in the Public Treasury. 

Sec. 4th. Be it further enacted, That from and after No uninspected 
the first day of September next, no person shall export poned" 
from this Commonwealth, by land or water, any cask, 
package or quantity of nails which shall not be inspected, 
marked and branded as aforesaid, as of the first, or second 
sort, upon pain of forfeiting a Sum equal to the value of 
each cask, package, or quantity so exported, to be sued 
for, and recovered by action of debt, in any Court, proper 
to try the same ; one half to the use of the prosecutor, and 
the other half to the use of the poor of such town, from 
whence they may be exported ; and the like penalty may Penalty, 
be in like manner and to like uses.prosecuted for, against, 
and recovered of, any master of any vessel which shall 
receive on board for exportation, or any waggoner who 
shall export as aforesaid, any such nails, not inspected, 
marked and branded as aforesaid. 

Sec. 5th. Be it further enacted. That it shall be the caBijs to be weii 
duty of said Inspector and his Deputies respectively, to "* ^' 
see that every cask, containing such nails, shall be well 
made, of sufficient strength, and well lined at both heads ; 



452 



Acts, 1799. — Chapter 64. 



Penalty for de- 
laying to in- 
spect. 



Returns to be 
made. 



Penalty for 
counterfeiting 
brands, See. 



Uninspected 
nails offered 
for sale, to be 
forfeited. 



the cask to be secured with eight, or more good hoops, 
and to contain not more than three hundred and fifty 
pounds of nails ; and in case any such cask shall, in the 
opinion of such Inspector or Deputy, be unfit for use, it 
shall be by him condemned ; and if any hoops be wanting 
to compleat the number beforementioned, on any cask 
otherwise fit for use, he shall put on the same, at the ex- 
pence of the person applying for inspection as afore- 
said. 

Sec. 6th. £e it further enacted, That if the said In- 
spector, or any of his Deputies shall, on application made 
for the inspection of any cask or casks of nails as afore- 
said, unreasonably delay to make such inspection, he 
shall forfeit and pay for each oflfence the sum of Four 
Dollars, to be recovered, and applied as the forfeiture 
herein before mentioned. 

Sec. 7tii. Be it further enacted, That it shall be the 
duty of the several deputy Inspectors aforesaid, once in 
three Months, and oftner if required, to make returns 
to the Inspector of the number of casks by them respec- 
tively inspected, together with the quantity of nails of 
each kind ; and the Inspector shall annually, and oftner 
if required, make such return of the nails by him and his 
Deputies inspected in the Commonwealth, to the Governor 
& Council. 

Sec. 8th. Be it further enacted, That if any person 
shall counterfeit any brand used, or intended to be used, 
for the purposes aforesaid, or shall brand, mark, or im- 
press any cask of nails, with any such brand, or counter- 
feit thereof, or put into any cask, inspected and branded 
as aforesaid, any other nails than those contained therein 
when the same shall have been so inspected, with intent 
to sell, or export any such nails, so put in as aforesaid, 
he shall, for each cask, into which nails shall be so put, for- 
feit and pay the sum of twenty Dollars, to be recovered 
and applied as the foregoing forfeitures, herein mentioned, 
are directed to be recovered and applied. 

Sec. 9. Be it further enacted, That every cask of 
nails which shall, after the said first day of September 
next, be ofiered for sale in any town in this Common- 
wealth, where such Inspector or any one of his said 
Deputies shall reside, and be authorized to inspect nails 
as aforesaid, and which shall not be inspected, branded, or 
marked as aforesaid, shall be forfeited, to be recovered 



Acts, 1799. — Chapter 65. 453 

and applied in the same manner as other forfeitures herein 
before mentioned. 

Sec. 10. And be it farther enacted. That the said In- inspector-sand 
spector or either of his Deputies aforesaid sliall ask and "^p"*'®® 
receive for every cask of nails inspected as aforesaid, 
twenty Cents, of the person procuring such inspection ; 
and that from & after the said first day of September Former laws 
next, all laws heretofore made, respecting the manu- ''^p®'*'^'^- 
facture, sale, inspection, or exportation of nails in this 
Commonwealth, be, and the same are hereby repealed : 
Provided always. That nothing herein contained shall be 
construed to affect the exportation of nails actually in- 
spected prior to the said first day of September. 

Approved February 28, 1800. 

1799. — Chapter 65. 

[January Session, ch. 32.] 

AN ACT TO INCORPORATE A RELIGIOUS SOCIETY BY THE NAME 
OF "THE GERMAN PROTESTANT SOCIETY IN THE TOWN OF 
WALDOBOROUGH." 

Sect. 1. Be it Enacted hy the Senate and House of 
Representatives, in General Court assembled, and by the 
Authority of the same, That Jacob Ludwig, Peter Cram- Pe 
mer, Jacob Winchenback, Joseph Ludwig, John G. ^^"^^^'^ 
Borneman, AYilliam Kalear, Charles Kalear, John Chris- 
topher Walliser, Peter Gross, Andrew Hofses, Andoney 
Hofses, Christopher Wolfgruber, John Miller, Conrad 
Hyer, Charles Oberiack, Jacob Kalear, Henry Stahl, John 
Stahl, Matthias Hofses, George Hofses, Charles Walch, 
George Heibner, Charles Heibner, Frank Miller, Charles 
Miller, Conrad Gross, Christian Storer, Charles Storer, 
John Winchenback, junr. Andrew Woltz, Daniel Woltz, 
Andrew Genthner, Conrad Scyder, John Cramer, Daniel 
Filhauer, Jacob Cramer, Charles Cramer, Frederick 
Kensel, George Clones, John Benner, Paul Kuhn, John 
Kensel, Daniel Eichhorn, John Weaver, Assamus Lash, 
George Dahlhim, Philip Neubert, George Eichhorn, John 
Orff, Frederic Orff, Michael Hoch, John Light, George 
Hoch, Jacob Schwartz, John Martin, Philip Schuman, 
Joseph Oberiack, Christopher Crammer, Catharine Schu- 
man, George Schuman, Henry Oberiack, Jacob Ludwig, 
jun : Jacob Kalear, Andrew Wagner, Jacob Cramer, 
Cydonia Welt, Peter Schwartz, Frank Miller junr : John 



rsons inoor- 



454 



Acts, 1799. — Chapter 65. 



Corporate 
name. 

To enjoy privi- 
leges. 



To hold certain 
land. 



May sue and be 
sued. 



EHrst meeting. 



Snowdeal, John Burckhart, Peter Snowdeal, Henry Win- 
chenback, Jacob Genthner, Godfred Hofses, Christopher 
Neubert, Paul Lash, Phillip ]\Iinck, Christian Hofses, 
George AVolfsgruber, John Winehenback, Henrick Walch 
jun. John Walch junr. John Warner, Cornelius Born- 
heimer, Vallentien Minck, Martin Benner, Paul Minck, 
Matthias Hebner, Matthias Woltz, Peter ]Minck, Charles 
Minck, Francis Keisor, Frank Overlack, Joseph H. 
Ludwig and Jacob Wenchenback, jun. Members of a 
Religious Society in the Town of Waldoborough in the 
County of Lincoln, and all other Inhabitants of said 
Town, who shall become Members of said Society, by the 
purchase or other Ownership of a Pew or Seat in their 
Meeting House, or by usually worshiping with said Society, 
and thereupon obtaining a Vote of admission as a Mem- 
ber, by the Society, at a legal JNIeeting for that purpose, 
together with their Estates, shall be, and they and their 
Successors hereby are, incorporated and made a Body 
politic and corporate by the name of " The German Prot- 
estant Society in the Town of Waldoborough." 

Sect. 2. Be it further Enacted, That the said Society 
shall have and enjoy all the privileges and powers, which 
other Societies, of the same description, do or may by 
Law enjoy. 

Sect. 3. Be it further Enacted, That said Society shall 
have and hold the several Tracts and parcels of Land, 
given, granted, convej^ed and set off to the Dutch Settle- 
ment on the Western side of the Muscongus River, by 
the Committee of the Proprietors of Lands, at or near 
Pemaquid in the County of Lincoln, by a Deed or Grant, 
dated the second day of October, in the Year of our Lord, 
One Thousand, seven hundred and sixty four, in trust, to 
and for the special purposes mentioned and specified in 
the Grant or Deed aforesaid. 

Sect. 4. And be it further Enacted, That said Society 
may sue, and shall be liable to be sued by their said Cor- 
porate name, and thereby shall pursue, answer and defend 
in any and all Suits in which they may be concerned ; and 
that Jacob Ludwig, Esqr. be, and he hereby is empowered 
to issue a Warrant, directed to some Member of said 
Society, requiring him to warn the ISIembers thereof, quali- 
fied to vote in their Affairs, to hold their first Meeting, at 
such convenient time and place as shall be mentioned 
therein, for the choice of a Clerk and a Treasurer ; and 



Acts, 1799. — Chapter 66, 455 

any other Officers which shall ])e necessary, and to agree 
upon a method of calling future meetings, and to transact 
any other business respecting the affairs of said Corpora- 
tion, which shall be set forth in said Notification. 

Approved February 28, 1800. 

1799. — Chapter 66. 

[January Session, ch. 33.*] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO 
PROVIDE FOR THE INSTRUCTION OF YOUTH, AND FOR THE 
PROMOTION OF GOOD EDUCATION." 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, and by the 
authority of the same. That the Inhabitants of the several authoHzed\o 
School Districts, within any town, which hath already, or ^a^se money, 
shall hereafter define the limits of such Districts, qualified 
to vote in town affairs, be, and they are hereby empowered 
at any meeting, called in manner hereinafter provided, to 
raise money for erecting or repairing a School-house, in 
their respective Districts, to determine in what part of 
the District, to erect said house, to choose a committee to 
superintend the building and repairing the same, and to 
choose a Clerk who shall be sworn faithfully to discharge 
the duties of his office, whose duty it shall be, to make a 
fair record of all votes passed at any meeting of the Dis- 
trict, and to certify the same when required ; also at any 
such meeting to raise money to procure necessary uten- 
sils for their respective School-houses, to be certified as 
aforesaid & assessed in manner as is herein after provided. 

Sect. 2d. And be it further enacted. That for the pur- Manner of taxa- 
poses aforesaid, every man shall be taxed in the District 
in which he lives for all the estate he holds in the town, 
being under his own actual improvement, and all other of 
his real estate in the same town shall be taxed in the dis- 
trict in which it is included ; and lands, when the owner 
thereof lives without the town, shall be taxed in such 
District, as the Assessors, having regard to the local situ- 
ation thereof, shall appoint ; and it shall be the duty of 
the Assessors, before they assess a tax for any district, to 
determine in which district, such lands respectively shall 
be taxed, and to certify in writing their determination to 
the Clerk of the town, who shall record the same, and 

* Wrongly numbered 26 in session pamphlet. 



456 



Acts, 1799. — Chapter 66. 



Proviso 



ABseesors 
directed. 



AeseBBorB to 
make a warrant, 



Collector em- 
powered. 



Town TreaB- 
iirerB au- 
thorized to en- 
force collec- 
tions. 



Compensation. 



District meet- 
ings. 



such land, while owned b}'' any person residing without 
the limits of the town, shall be taxed in such Districts, 
untill the town shall be districted anew : Provided hov^- 
ever, That all the lands, within any town owned by the 
same person, not living therein, shall be taxed in one & 
the same District. And the assessors shall assess in the 
same manner, as town taxes are assessed, on the polls & 
estates of the Inhabitants, composing any School Districts, 
defined as aforesaid, and on lands in said town, belonging 
to persons living out of the same, which the assessors 
shall have directed to be taxed in such District, all monies 
voted to be raised by the Inhabitants of such district for 
the purposes aforesaid, in thirty days after the Clerk of 
the District shall certify, to said assessors, the sum voted 
by the District to be raised as aforesaid. And it shall be 
the duty of said Assessors, to make a warrant in due form 
of law, directed to one of the Collectors of the town to 
which such district belongs, requiring & empowering said 
Collector, to levy & collect the tax so assessed, & to pay 
the same within a time, to be limited in said Warrant, 
to the Treasurer of the town ; to whom a certificate of 
the assessment shall be made by the Assessors. And the 
money so collected & paid, shall be at disposal of the 
Committee of the District, to be by them applied for 
the building or Eepairing a School House in the District 
to which they belong. And such Collector, in collecting 
such Tax, shall have the same powers, and be holden to 
proceed in the same manner as is by Law provided in 
collecting Town taxes. 

Sect. 3. And he it further Enacted, That the Treas- 
urer of any Town to whom a Certificate of the Assessment 
of a District Tax shall be transmitted as aforesaid, shall 
have the same authority to enforce the collection and pay- 
ment of the money so assessed and certified, as if the same 
had been voted to be raised by the Town for the Town's 
use. And the Treasurer & Collector shall be paid the 
same commissions on the money collected & paid, for the 
use of a School District aforesaid, and the assessors for 
assessing said Tax, shall be allowed by the District, the 
same sum for each & every day while employed in assess- 
ing the same, as is allowed & paid by the town for simil[i]ar 
services. 

Sect. 4. And be it further enacted, That it shall be 
the duty of the Selectmen, of the several towns divided 
into School districts, as aforesaid, upon application made 



Acts, 1799. — Chapter 67. 457 

to them in writing, by three or more Freeholders, resident 
within any School district in their respective towns, to 
issue their warrant, directed to one of the jiersons making 
such application, requiring him to warn the Inhabitants 
of such district, qualified to vote in town afiairs, to meet 
at such time & place, in the same district, as the Select- 
men shall in their warrant appoint. And the warning 
aforesaid shall be by notifying personally, every person in 
the District, qualified to vote in town affairs, or by leav- 
ing at their usual places of abode, a notification in writing, 
expressing therein the time, place, & purpose of the meet- 
ing, seven days at least, before the time appointed for 
holding the same. And any Vote to raise money, for the 
purpose of erecting or repairing a School-house, passed 
by a majority of the Inhabitants of a School-District pre- 
sent at a district meeting, warned & held as aforesaid, 
shall be obligatory on the Inhabitants of said School Dis- 
trict, to be assessed, levied, & collected in the manner 
prescribed by this Act. 

Sect. 5. And be it further enacted, That if the In- selectmen to 

I,. p niiT- 1 determine lu 

habitants oi any School district cannot agree where to case of disagree- 
erect a School-house, for the accommodation of the same, ation of sch^ooi 
the Selectmen of the town to which such district belongs, ^°"**' 
upon application made to them by the Committee of the 
District, are hereby authorised & impowered, to deter- 
mine on the place, where a School-house for the use & 
accomodation of the District, shall be erected. 

Approved February 28, 1800. 

1799. — Chapter 67. 

[January Sesaion, ch. 34.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, " AN ACT FOR THE 
PRESERVATION OF THE FISH CALLED SALMON. SHAD, AND 
ALEWIVES, IN THE RIVERS, STREAMS, AND 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." 

Sec. 1st. Be it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That from and after the passing of size of seines, 
this act, it shall not be lawful for any person to set or use 
any net or seine, for the purpose of catching Salmon, on 
or by any of the Sea shores or Islands, within the said 



458 



Acts, 1799. — Chapter 68. 



Fish Wardens 
to prosecute. 



counties of Lincolo and Cuml)erland, of a greater length 
than forty fathoms ; and no such net or seine shall be so 
set or used, for the purpose of catching salmon as afore- 
said, within the distance of ten rods, in any direction, 
from any other net or seine so set or used as aforesaid : 
And every person, who shall use any net or seine, or 
direct the same to be done, contrary to this act, for every 
such ofience, upon conviction thereof, shall forfeit and pay 
a fine not exceeding thirteen Dollars nor less than six 
Dollars. 

Sec. 2d. And Be it further enacted^ That it shall be 
the duty of the Fish Wardens, in their several Towns, to 
see that this Law is executed, and prosecute for all 
breaches thereof, which may come to their knowledge ; 
and all fines and forfeitures, incurred thereby, shall be 
recovered by action of debt, in the name of a fish warden, 
before any Justice of the Peace in the County, where the 
offence is committed, one moiety thereof to the use of the 
Town, and the other moiety to the use of the fish warden 
who shall prosecute for the same. 

Approved March i, ISOO. 



Privilege may 
be sold. 



Days for fish- 
ing. 



1799. — Chapter 68. 

[January Session, ch. 35.] 

AN ACT TO PRESERVE AND REGULATE THE TAKING OF THE 
FISH CALLED ALEWIVES, AT NEGUASSET FALLS, (SO CALLED) 
WITHIN THE TOWN OF WOOLWICH, AND FOR REPEALING AN 
ACT, ENTITLED, "AN ACT FOR REGULATING THE FISHERY IN 
THE TOWN OF WOOLWICH, IN THE COUNTY OF LINCOLN." 

Sec 1st. Be it enacted hy the Senate, and House of 
Beprese?itatives, in General Court assembled, and hy the 
authority of the same, That it shall and may be lawful for 
the inhabitants of said Town of Woolwich, at their an- 
nual meeting in the month of April, to sell, or other wise 
dispose of the Privilege of taking the fish called Ale wives, 
at Neguasset falls, so called, within said Town of Wool- 
wich ; and the emoluments arising from such sale or dis- 
posal, shall be appropriated by said Town to such uses 
and purposes, as the inhabitants thereof shall, from time 
to time, in legal Town meeting, determine. 

Sec 2d. Be it further enacted. That the days for 
taking said Fish at said falls, shall be Monday, Tuesday, 
Wednesday, and Thursday in each week, and at no other 
time. 



Acts, 1799. — Chapter 68. 459 

Sec. 3d. Be it further enacted, That if the Purchaser Penalty for 

-«»• ~\r p • -\ ' •^ fishing unlaw- 

or Purchasers, Manager, or Managers or said privilege, or fuiiy. 
any person or persons employed by, or under them, or 
either of them, or any other person or persons whatso- 
ever, shall presume to t/ike any of said fish on any day, or 
at any place in said Town, other than those mentioned in 
this act, each person, so offending, shall forfeit and pay a 
fine, not exceeding ten Cents, nor less than three Cents, 
for each fish so taken. 

Sec. 4th. Be it further enacted. That if the Pur- Price regulated, 
chasers or Managers of said privilege, or either of them, 
lawfully taking said fish as aforesaid, shall, when in his or 
their power, neglect or refuse to supply any person who 
may apply for the same, at the rate of twenty-five Cents 
for one hundred of said fish, the purchaser or manager, so 
refusing, shall forfeit and pay, for each ofience, the sum 
of five dollars ; and if any person or persons, authorized 
to catch said fish, shall ask, demand or receive more than 
at the rate aforesaid for said fish, while the same are fresh 
or green, he or they, so ofiending, shall forfeit, and pay, 
for each ofience, the sum of five Dollars. 

Sec. 5th. Be it further enacted. That the inhabitants siuice-wayto 
of said Town of Woolwich shall, at their annual meeting ®°p^"® • 
in the month of April, choose a Committee, consisting of 
not more than five, nor less than three freeholders in said 
Town, who shall be sworn to the faithfull discbarge of the 
duties enjoined upon them by this act, whose duty it shall 
be, to see that a sufiicient sluice or passage way, twelve 
feet wide and four feet high, for said fish to pass up into 
the pond to cast their spawn and to return again, shall be 
opened by the owners or proprietors of the mills at Ne- 
guasset, on the third day of May annually, and be kept 
open until said fish shall have done passing up, and also 
that a sufiicient sluice or passage way be opened annually 
on the twentieth day of August, and kept open until the 
last day of September to let the young fish down. 

Sec. 6th. Be it further enacted, That if any person Petiaity for re- 
chosen on said Committee, on due notice thereof shall re- oTFishCom!'' 
fuse to accept thereof, and to qualify himself therefor, '^'"^^• 
within seven days after such notice, every such person, so 
refusing, shall forfeit and pay a fine of five Dollars, for 
the use of said Town, and the Treasurer of said Town is 
hereby authorized and directed to prosecute or sue for the 
same, and in case of the refusal of any person, so chosen, 



460 



Acts, 1799. — Chapter 68. 



Peualty for 
neglect to open 
Bluice way. 



Recovery of 
fines. 



Any inhabitant 
may prosecute. 



Case of minors 
offending. 



Purchasers not 
to be deemed 
trespassers. 



Former law 
repealed. 



the Selectmen, for the time being, shall have power, and 
they are hereby directed to proceed to appoint some other 
person or persons in the room of those who shall so re- 
fuse, and any person, so appointed, who shall refuse as 
aforesaid, shall be liable to the same penalty ; and if the 
Selectmen shall neglect to proceed as aforesaid, they shall 
each of them forfeit and pay the sum of ten Dollars ; and 
no person shall be obliged to serve on said Committee 
more than one Year in three. 

Sec. 7th. Be it farther enacted. That if the oAvners 
or proprietors of the mill-dam at Neguasset, shall neglect 
or refuse to open, and keep open such sluice or passage 
way, for the passing offish up and down said stream, they 
shall each of them forfeit and pay, for each day they shall 
so neglect, a fine not exceeding ten nor less than five 
Dollars. 

Sec. 8th. Be it further enacted. That all fines, in- 
curred by any breach of this act, shall be recovered by 
presentment of the Grand Jury, or by action of debt in 
any Court proper to try the same, in the name of either 
of the said Committee, one moiety of which shall enure to 
the use of the Town, and the other moiety to the uj^e of 
the informer, or plaintifi", who may sue for the same, ex- 
cept the fine already appropriated. 

Sec. 9th. Be it further enacted, That nothing in this 
act shall be so construed, as to deprive any of the inhabi- 
tants of said Town of Woolwich from prosecuting or suing 
for any of the breaches aforesaid ; and no person shall be 
debarred from being admitted as a witness on any present- 
ment of the grand Jury, by reason of his being intitled to 
any part of said fines. 

Sec. 10. Be it further enacted. That in case any minor 
or minors shall offend against any part of this act, and 
thereby incur any of the penalties aforesaid, the Parents, 
Masters, or Guardians of such minor or minors, shall be 
answerable therefor, on complaint or in an action to be 
brought against such Parents, Masters or Guardians, as 
for his, or their own personal offence. 

Sec. 11. Be it further enacted. That no Purchaser or 
Manager, or any Person employed by them, shall be 
deemed a tresspasser in going on the Land's, or thro' the 
mills of any person in order to take said fish, on their 
paying a reasonable compensation therefor, if required. 

Sec. 12. And he it further enacted. That an Act, 
entitled, " an Act for regulating the fishery in the Town 



Acts, 1799. — Chaptek 69. 461 

of Woolwich, in the County of Lincoln," passed the first 
day of March, in the Year of our Lord one thousand 
seven hundred and ninety nine, be, and the same is hereby 
repealed. Approved March i, 1800. 

1799. — Chapter 69. 

[January SesBion, ch. 36.] 

AN ACT TO REGULATE THE INSPECTION OF BEEF INTENDED TO 
BE EXPORTED FROM THIS COMMONWEALTH. 

Sec. 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 first day of No beef to be 
September next, no person or persons whatsoever, shall cept as herein 
ship or export from this Commonwealth any salted Beef, ^^^^"^^^ 
except in Barrels, or half Barrels, of the quality and 
dimensions hereinafter provided, and the contents thereof 
are inspected and packed, and unless the casks containing 
the same are branded agreeably to the directions in this 
act. 

Sec. 2d. Be it further enacted, That there shall be an inspector Gen- 
Inspector General of Beef for this Commonwealth, who appo\nt^d. 
shall be well skilled in the knowledge of the same, to be 
appointed by the Governor with the advice and consent of 
the Council, and to be by them removeable at pleasure, 
who, before he shall enter on the duties of his oflSce, shall 
give Bonds, with sufficient sureties, to the Treasurer of 
this Commonwealth, in the penal sum of Four thousand 
Dollars, for the faithful discharge of his duty, and shall 
also be sworn faithfully to perform the same ; and such May appoint 
Inspector shall have power, when so qualified, to appoint, ^^^ '^^' 
and shall appoint Deputy Inspectors, who shall be remove- 
able by him at pleasure, in every Seaport town in this 
Commonwealth, where Beef is exported, and at such other 
places as he shall judge necessary, for whom, he shall be 
answerable, and shall take Bonds from them, to himself 
and successor in office, with suflScient sureties, in a penal 
sum not exceeding three hundred dollars, and the said 
deputy inspectors shall also ])e sworn for the faithful dis- 
charge of their duty. 

Sec. 3d. And be it further enacted. That it shall be Return to be 
the duty of every Deputy, so appointed, to make a re- ,™Bpected.*'^^ 
turn to the Inspector General, once in every Six months, 
of the number of barrels, & half barrels of Beef inspected 
by them agreeably to the directions of this Act ; and it 



462 



Acts, 1799. — Chapter 69. 



Kind of beef, 
and size of 
pieces. 



To be branded. 



Mess beef. 



Cargo No. 1. 



Cargo No. 2. 



Refuse. 



Salting. 



shall be the duty of the Inspector General, in the month 
of June annually, to make a return to the Governor & 
Council, of the whole number of barrels & half barrels 
of beef, inspected according to the directions of this act, 
by him or his Deputies, the year preceeding, designating 
in the return, the different sorts of beef, and the places at 
which it was inspected. 

Sect. 4. Be it further enacted, That no beef, which 
shall be killed after the first day of September next, shall 
be packed or repacked in barrels or half Imrrels, for ex- 
portation, unless it be of fat cattle, not under three years 
old ; that all such beef shall be cut into peices, as nearly 
square as may be, and which in size shall not exceed eight 
pounds weight, nor be less than four pounds weight. 
That all Beef, which the Inspector or Deputy Inspector 
shall find on examination, to have been killed at a proper 
age, to be fat, & otherwise good & merchantable, shall be 
sorted & divided by him, into four different sorts, for 
packing or repacking, into barrels or half barrels, to be 
denominated Mess, Cargo N. 1, Cargo JSf. 2, and Refuse. 
Mess beef shall consist of the choice peices of Oxen or 
Steers well fatted and weighing Six hundred pounds and 
upwards ; the shin, shoulder, clod, & neck shall be taken 
from the fore quarters, and the Legs & leg-rand from the 
hind quarters ; and each Barrel & half Barrel, containing 
beef of this description, shall be branded on one of the 
heads with the words Mess Beef Cargo N. 1 shall consist 
of choice peices of oxen. Steers, Cows & Heifers, not 
under four hundred pounds weight, & to average Five 
hundred & twenty pounds weight, without any necks or 
shanks. On one head of each barrel or half barrel, con- 
taining beef of this description, shall be branded Cargo 
N. 1. Cargo N. 2 shall consist of fat cattle of all descrip- 
tions not before mentioned, of three years old & upwards 
(Bulls excepted) with not more than half a neck, & three 
Shanks, and without any hocks ; each barrel & half barrel 
of which shall be branded Cargo JVb. 2. All other parts 
of cattle, that are not above described, which shall be 
packed or repacked for exportation, (including Bulls) 
shall be branded on one head Refuse. And every barrel 
of beef shall be well Salted with Seventy five Pounds of 
clean Saint Ubes, Isle of May, Lisbon, or Turks Island 
Salt, or eighty pounds of coarse Liverpool Salt, or other 
Salt of equal quality, exclusive of a pickle made of fresh 



Acts, 1799. —