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

tffo 



ACTS AND RESOLVES 



MASSACHUSETTS. 



1800-1801. 



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



ACTS 



AND 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS 



BOSTON : 

Printed by YOUNG & MINNS, 

Printers to the Honorable the General Court of the Commonwealth. 

M,DCCC. 



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 TWENTY- 
EIGHTH DAY OF MAY, ANNO DOMINI, 1800. 



1800. — Chapter 1. 

[May Session, ch. 1.] 

AN ACT TO REPEAL A PART OF THE NINTH SECTION OF AN 
ACT, INTITLED, " AN ACT TO INCORPORATE HUGH McLELLAN 
AND OTHERS INTO A COMPANY, BY THE NAME OF THE MAINE 
FIRE & MARINE INSURANCE COMPANY." 

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 ninth section of the Part of a former 
Act aforesaid, as prohibits the transfer of the shares in ct repea 
said Company, be, and the same is hereby repealed. 

Approved June 5, 1800. 

1800. — Chapter 2. 

[May Session, ch. 2.] 

AN ACT TO INCORPORATE GEORGE DODGE AND OTHERS INTO 
A COMPANY, BY THE NAME OF THE SALEM MARINE INSUR- 
ANCE COMPANY. 

Sec 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 George Dodge and corporate 

, o 11 i i i i i ° a name and time 

others, & all such persons as have already, or hereafter of duration. 
shall become Stockholders in said Company, being citizens 
of the United States, be, and hereby are incorporated into 
a Company or Body Politic, by the name of The Salem 
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 impleaded, ap- 







Acts, 1800. — Chapter 2. 



Capital Stock 
and amount of 
real estate. 



Directors to 
be annually 
chosen, after 
public notice 
has been given. 



Directors to 
choose a Presi- 
dent. 



pear, prosecute and defend to final judgment and execu- 
tion, 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. 

Sec. 2d. Be it further enacted by the Authority afore- 
said, that the capital stock of said Company, exclusive of 
premium, notes, or profits arising from said business, shall 
never exceed four hundred thousand Dollars, nor be less 
than one hundred and fifty thousand Dollars ; and shall be 
divided into one thousand shares ; of which capital stock, 
twenty thousand Dollars only, shall be invested in real 
estate. 

Sec. 3d. Be it further enacted, that the stock, prop- 
erty, affairs and concerns of said Company, shall be man- 
aged and conducted by nine Directors, one of whom shall 
be the President thereof, who shall hold their Offices for 
one year ; and untill others shall be chosen, and no longer ; 
which Directors shall, at the time of their election, be 
stockholders, and citizens of this Commonwealth, and 
shall be elected on the first Monday in July in each and 
every year, at such times of the day, and at such place in 
the town of Salem as a majority of the Directors for the 
time being shall appoint ; of which election public notice 
shall be given in one of the News-papers printed in the 
town of Salem, 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 Directors ; and shall be made by ballot 
by a majority of votes of the Stockholders present, allow- 
ing one vote to each share in the capital stock ; provided 
that no Stockholder shall be allowed more than ten votes ; 
and the Stockholders not present may vote by proxy, 
under such regulations as the said Company shall pre- 
scribe : And if through any unavoidable accident the said 
Directors should not be chosen on the first Monday of 
July as aforesaid, it shall be lawful to choose them on 
another day, in manner herein prescribed. 

Sec. 4th. Be it further enacted, that the Directors so 
chosen, shall meet as soon as maybe after every election, 
and shall choose out of their body one person to be Presi- 
dent, who shall preside for one year, and be sworn faith- 
fully to discharge the duties of his Office : And in case of 



Acts, 1800. — Chapter 2. 7 

the death, resignation or inability to serve, of the Presi- 
dent 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 hold en 
in the same manner as herein before directed respecting 
annual elections for Directors and President. 

Sec. 5th. Be it further enacted, that the President ^oard for the 
and four of the Directors, or five of the Directors in the business and 
absence of the President, shall be a Board competent for then " power8 - 
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 and effects of said Company, and 
the transfer of the shares, and touching the duties and 
conduct of the several Officers, Clerks and Servants em- 
ployed, and the election of Directors, and all such matters 
as appertain to the business of Insurance; and shall also secretary and 
have power to appoint a Se[c]retary, and so many Clerks appointed*! 6 
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 and regulations shall not be repugnant to 
the Constitution, or Laws of this Commonwealth. 

Sec. 6. Be it further enacted, that there shall be stated SK o Pecial 
meetings of the Directors, at least once in every month, P 1 " 010 ^ 8 10 be 
and as often within each month, as the President and committee to 
Board of Directors shall deem proper ; and the President, e appmi 
and a Committee of two 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 Direct- what may be 

i/-i • f ' • ii insured — 

ors, or the Committee aforesaid, at and during the pleas- directions re- 
ure of said Board, shall have power and authority, on c P e e s C . ting p ° '" 
behalf of the Company, to make insurance 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 premium and terms of payment ; and all 
policies of Insurance by them made, shall be subscribed 
by the President, or in case of his death, sickness, ina- 
bility 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 



8 



Acts, 1800. — Chapter 2. 



Semi-annual 
dividends to 
be made. 



Case of loss 
which shall 
lessen the 
capital stock. 



Dealing in 
merchandize 
&c. forbidden 
and the disposal 
of the capital 
stock directed. 



Payment of 
instalments. 



effect and force as if under the Seal of said Company ; 
and all losses duly arising under any such policies so sub- 
scribed, may be adjusted and settled by the President and 
Board of Directors, and the same shall be binding on the 
Company. 

Sec. 7. Be it further enacted, that it shall be the duty 
of the Directors on the first Monday of June and Decem- 
ber in every year, to make dividends of so much of the 
interest arising from their capital stock and the profits of 
said Company, as to them shall appear adviseable ; but 
the monies received and notes taken for premiums on 
risques, which shall be undetermined and outstanding 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 instalments that may be 
due and unpaid on his share or shares, at the time of said 
loss or losses taking place, to be paid in to the said Com- 
pany by assessments, or such other mode, and at such 
time or times, as the Directors shall order ; and no sub- 
sequent dividend shall be made, untill a sum equal to such 
diminution shall have been added to the capital ; & that 
once in every three years, and oftener if required by a 
majority of the votes of the Stockholders, the Directors 
shall lay before the Stockholders at a general meeting, an 
exact & particular statement of the profits, if any there 
be, after deducting losses and dividends. 

Sec. 8th. Be it further enacted, that the said Com- 
pany shall not directly, nor 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 instalment, shall, within 
one hundred and 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 Officers which the Proprietors shall for such 
purpose appoint. 

Sec. 9. Be it further enacted, that fifty Dollars on each 
share in said Company shall be paid within twenty days 
after the first meeting of said Company, and the remain- 
ing sum within one year after said first meeting, at such 



irector in 
inother com- 



Acts, 1800. — Chapter 2. 

equal instalments, and under such penalties, as the said 
Company shall direct; and 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. 

Sec. 10. Be it further enacted, that no person, being ^ Di^ 
a Director of any other Company carrying on the business pany not eiigi- 
of marine insurance, shall be eligible as a Director of the 
Company by this Act established. 

Sec. 11. Be it further enacted, that the property of ^ach^T 
anv member of said Company vested in the stock of said the process 

iiiii«ii t i prescribed. 

Company, shall be liable to attachment, and to the pay- 
ment and satisfaction of his just debts to any of his bona 
fide creditors, in manner following ; viz. in addition to 
the summons prescribed by law 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 said Compan}^'s 
funds, together with the interest and profits due or grow- 
ing thereon, or so much thereof as shall be sufficient, shall 
thereby be holden to respond 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 Com- 
pany, 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 at- 
tested copy thereof, with his doings thereon, with the 
Secretary of said Company, and the purchasers shall there- 
upon be entitled to the reception of all dividends and 
stocks which the debtor was previously intitled 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 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. 

Sec. 12. Be it farther enacted, that in case of any loss The estates of 
or losses taking place, that shall be equal to the amount Directors nabfe 
of the capital stock of the said Company, and the Presi- 
dent & 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 



in certain case. 



10 Acts, 1800. — Chapter 3. 



the amount of any and every loss that shall take place 
under policies thus subscribed. 

Sec. 13. Be it further enacted, that the President and 
Directors of said Company shall, previous to their subscrib- 
ing to any policy, and once in every year after, publish 
in one of the Newspapers printed in the town of Salem, 
the amount of their stock, against what risks they mean 
to insure, & the largest sum they mean to take on any 
one risk. 
Bubmut e e , d. t0 be Sec. 14. 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 affairs of said Company, 
and submit to an examination concerning the same under 
oath. 
KdtSoaiiflnt Sec - 15 - Be it further enacted, that George Dodge, 
meeting. Jacob Ashton and Joseph White, or any two of them, 

are hereby authorized to call a meeting of the members 
of said Company as soon as may be, in Salem, by adver- 
tizing the same for two successive Weeks in the Salem 
Gazette, for the purpose of their electing a first Board of 
Directors, who shall continue in Office until the first Mon- 
day of July, one thousand eight hundred and one. 

Approved June 9, 1800. 

1800. — Chapter 3. 

[May Session, ch. 3.] 

AN ACT IN ADDITION TO AN ACT, INTITLED, "AN ACT FOR 
ESTABLISHING A CORPORATION BY THE NAME OF THE 
EIGHTH MASSACHUSETTS TURNPIKE CORPORATION." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
Gate to be f tf ie same That as soon as the said Corporation shall 

erected when * / ' . /• 1 

one-third of the have made and completed one third part of the said road, 
pieted. beginning on the line between the towns of Westfield and 

Russell, according to the requisition of said Act, and the 
same shall have been duly approved by a Committee ap- 
pointed by the Court of General Sessions of the Peace for 
the County of Hampshire, the said Corporation be, and 
hereby are authorized and empowered to erect a Turnpike 
Gate in such place as the said Committee shall judge neces- 
sary and convenient for collecting toll, and shall be entitled 
to receive of each traveller or passenger, the same rate of 
toll that they would have been by said Act, to which this 



Acts, 1800. — Chapters 4, 5. 11 

is in addition, entitled to receive at one Gate, in case the 
whole of said road had been completed and approved, in 
manner by said Act prescribed ; any thing therein con- 
tained notwithstanding. 

Provided however, That in case the said Corporation Proviso, 
shall neglect to complete the whole of said Turnpike road 
within the time set and limited in the original Act, to which 
this is in addition, then this Act shall become void, and 
said Turnpike Gate be removed. 

Approved June 10, 1800. 

1800. — Chapter 4. 

[May Session, ch. 4.] 

AN ACT IN ADDITION TO, AND FOR ALTERING AN ACT, IN- 
TITLED, "AN ACT FOR ESTABLISHING A CORPORATION BY 
THE NAME OF THE NINTH MASSACHUSETTS TURNPIKE COR- 
PORATION." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That the Justices of the Court of General g^ffldlfr 
Sessions of the Peace for the County of Worcester, are rods wide. 
hereby impowered and authorized to approve of said road 
as sufficiently made, although the same may in some places 
be less than four rods wide ; provided, That in the opinion 
of said Court, the public convenience shall not require the 
same to be four rods wide, as is required in the Act to which 
this is an addition ; any thing in the same to the contrary 
notwithstanding. 

Provided also, That the said road shall not in any part Proviso, 
of it be reduced to less than three rods and an half in width, 
unless it should be found necessary to move some dwelling 
house or other valuable building, in order to give it that 
width. Approved June 10, 1800. 

1800.— Chapter 5. 

[May Session, ch. 5.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THE TOWNS OF RUSSELL, BLANDFORD, NORWICH AND 
MONTGOMERY, IN THE COUNTY OF HAMPSHIRE, INTO A 
DISTINCT RELIGIOUS SOCIETY BY THE NAME OF THE UNITED 
BAPTIST SOCIETY. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 



12 Acts, 1800. — Chapter 5. 

P or r ate n d iDCOr " au thority of the same, That Titus Doolittle, Russell Falley , 
Daniel Mallory, Seth Hayse, David Sacket, Levi Dewey, 
Love well Thomas, Salmon Thomas, Abner Cockran, Isaac 
Palmer, Eli Hayse, Henry Parks, Richard Andrews, 
Josiah Halladay, William Stanclift, William Goold, 
Jacob Andrews, Jacob Andrews, junr., Jonathan Herrick, 
Glass Cockran, Amos Reed, Asa Culver, Richard Falley, 
Ebenezer Stow, Moses Warner, Charles Culver, Abiel 
Stanton, Joseph Shoals, Josiah Molton, Gersham Rust, 
junr., Jonathan Pitcher, Isaac Blair, Isaac Chapman, 
Titus Doolittle junr., Stephen Herrick, Abner Chapman, 
Abraham Bradley, Isaac Palmer, junr., Moses Lindsey, 
Jonah Mallory, Joseph Hayse, and Datus Ensign, to- 
gether with their polls and estates be, and they hereby 

name! rate are incorporated by the name of The United Baptist 
Society, with all the priviledges, powers & immunities, 
so far as shall be necessary for providing for the support 
and maintenance of public worship, to which Parishes are 
by law intitled in this Commonwealth. 

a m1m°ber. come Sec - 2d - And Be & further* enacted, That any person 
in either of the towns of Russell, Blandford, Norwich & 
Montgomery aforesaid, being of the Baptist denomination 
of Christians, who may at any time hereafter become a 
member of, and unite in their religious worship with the 
said United Baptist Society, 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 mem- 
ber of, and united in religious worship with the said Society 
in Russell aforesaid, 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 
certificate, with his or her polls and 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 previous 
to that time. 

drawfromthe Sec - 3d - And Be it further enacted, That when any 

society. member of said United 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 certificate signed by the Minister or Clerk of the Parish, 
or other incorporated Religious Society with which he or 



Acts, 1800. — Chapter 6. 13 

she may unite, that he or she has actually become a mem- 
ber of, and united in religious worship with such other 
parish or other incorporated Religious Society, fourteen 
days previous 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 considered as a member of the Society to which 
he or she has so united. 

Sec. 4th. And be it further enacted, That Samuel FirBtmeeting - 
Fowler, Esqr. be, and he is hereby authorized to issue 
his Warrant, directed to some member of said Society, 
requiring 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 Russell, 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 and things necessary to be done in said Society. 

Approved June 12, 1800. 

1800. — Chapter 6. 

[May Session, ch. 7.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, AN ACT FOR IN- 
CORPORATING THE SEVERAL RELIGIOUS SOCIETIES IN NEW- 
BURY PORT, IN THE COUNTY OF ESSEX. 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That the Proprietors of the House of Public society author- 
Worship of the first Religious Society in Newbury-Port, Sey. borrow 
be, and they are hereby authorized in their corporate 
capacity, by their Treasurer, or by any committee spe- 
cially appointed, or to be appointed, to hire any sums of 
money for the purpose of purchasing any piece of land in 
the said Newbury Port, on which to erect a new house 
of Public Worship for the first Religious Society in New- 
bury-Port ; and also for the purpose of erecting and fin- 
ishing such new house, with all the incidental expences ; 
and the contracts made or to be made by the said Com- 
mittee for hiring the said monies and for the erecting and 
finishing such house, shall be binding on the said Corpo- 
ration, and shall be for their use and benefit. And the 
said Corporation are hereby authorized to pledge & mort- 
gage the proceeds of the sale of their old meeting house, 



14 



Acts, 1800. — Chapter 6. 



Society con. 
tinued. 



Proviso. 



Pews to be 
appraised. 



Expenses to be 
assessed on new 
pews. 



and of their land under and adjoining the same ; and also 
the balance hereafter mentioned, arising on the pews to 
be made in such New Meeting-house, as an indemnity and 
security for the payment of the monies so to be hired ; 
and any such pledge or mortgage heretofore made by the 
said Corporation is hereby ratified and confirmed. 

And be it further Enacted by the authority aforesaid, 
That the said corporation shall be deemed and holden in 
law to have existence and continuance, and to be com- 
posed of the same members after the sale of the said old 
meeting-house and land, as it now has and is before such 
sale. Provided however, That upon the disposition or 
sale of the pews in such new Meeting house, then the 
Owners or Proprietors of the same pews for the time 
being shall alone be the Members of the same Corpora- 
tion. 

And be it further enacted by the authority aforesaid, 
That the said Proprietors be, and they are hereby em- 
powered to choose a Committee, which Committee shall 
select and appraise, upon oath, so many of the Pews in 
such new Meeting house, when finished, as shall be equal 
in number to the pews in the said old Meeting-house, 
holden by individual Proprietors, at their just relative 
value, according to their best discretion, and shall divide 
the said pews so appraised into distinct classes, according 
to their comparative values, in the same manner the pews 
in the said old Meeting house are now classed ; each class 
to contain Pews equal in value, and also of the same num- 
ber with those contained in the like class of Pews in the 
said old Meeting house ; and the said Committee are to 
return their said appraisement and division, in writing 
under their hands, to the Clerk of the said Corporation, 
to be entered on the records of the said Corporation. 
And the said Proprietors are hereby authorized and em- 
powered to cause the new pews in each of the said classes 
to be assigned by lot to and among the Proprietors of the 
like class of Pews in the said old Meeting house, and to 
assess upon the said New pews all the costs, charges & 
incidental expences of purchasing the land on which to 
build the said new Meeting house, and of building & 
finishing the said New Meeting-house, according to their 
relative values as stated in the said appraisement ; and 
also to credit the same new pews all the nett proceeds of 
the sale of the said old Meeting house and land according 



Acts, 1800. — Chapter 7. 15 

to the same relative values as aforesaid ; the balance due Assessments to 

/. i 1,1 c .I • i , i be paid In thirty 

from each pew resulting from the said assessment and days. 
credit, to be paid to the Treasurer of the said propriety, 
or any Committee appointed by them for that purpose, 
in thirty days after such balance shall be so liquidated ; 
otherwise such Proprietor shall forfeit all right and title 
to such new pew, and the same may be sold at public 
auction by order of the said proprietors, for the most it 
will fetch, and out of the nett proceeds of such sale shall 
be paid to such delinquent Proprietor the last appraised 
value of his pew in the said old Meeting house, if the said 
nett proceeds shall amount thereto ; and such Proprietor Proprietors to 
as shall pay the said balance within the said thirty days, 
shall receive a title in fee simple to the pew so assigned 
to him, by Deed, to be executed by such person or per- 
sons as the said Proprietors shall authorize for that pur- 
pose. And all taxes hereafter to be raised on the said PewtaxeB « 
new pews by the said Proprietors or the said Religious 
Society, shall be assessed thereon agreeably to the said 
appraisement, until some new appraisement of the said 
pews shall be made in due form of law. 

And be it further enacted by the authority aforesaid, 
That the sale of the said old Meeting house & land shall 
not in any manner affect the existence of the first Religious 
Society in Newbury-Port, as a Corporation, nor its powers, 
rights or duties ; but the same Corporation shall be deemed 
and holden in the law to have the same existence and con- 
tinuance, with the same powers, rights and duties it now 
has, whether the Members thereof attend the Public Wor- 
ship of GOD in the old Meeting house aforesaid, or in the 
New Meeting house to be erected as aforesaid. 

Approved June 12, 1800. 



1800. — Chapter 7. 

[May Session, ch. 8.] 

AN ACT TO CEDE TO THE UNITED STATES THE JURISDICTION 
OF THE TRACT OF LAND WHICH SHALL BE REQUIRED FOR THE 
LIGHT-HOUSE AUTHORIZED BY CONGRESS TO BE ERECTED ON 
WIGWAM-POINT. 

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 United States of America The united 
may purchase or take as hereinafter is provided, any tract §> purchwlald 



16 



Acts, 1800. — Chaptee 7. 



have jurisdic- 
tion of land on 
Wigwam Point. 



Proviso. 



Case of disa- 
greement as to 
the value. 



United States to 
pay charges of 
appraisement, 
&c. 



of land which shall be found necessary and convenient for 
the Light-house authorized by Congress to be erected upon 
Wigwam-Point in the town of Gloucester, within this Com- 
monwealth ; and during the continuance of the use and 
appropriation aforesaid, the jurisdiction of such tract of 
land, not exceeding the quantity of seven acres for such 
Light-house, shall be, and hereby is ceded to, and shall 
be in the said United States ; Saving and provided always, 
That all civil & criminal processes, issued under the author- 
ity, or by any Officers of this Commonwealth, shall have 
full force and effect within the said tract of land, and any 
buildings which shall be there erected, this cession of juris- 
diction notwithstanding. 

Sec. 2. And be it further enacted, That if the Agent, 
or person employed for the United States, and the owner 
or owners of such tract of land as shall be found necessary 
and convenient for the said Light-house, cannot agree in 
a sale and purchase thereof, such Agent, or person em- 
ployed, may apply to any Court of General Sessions of 
the Peace, which shall be holden within the County wherein 
such land lies, who shall and may appoint a Committee 
of three freeholders, impartial men, to determine a just 
equivalent to the owner or owners of such land ; which 
Committee shall be sworn before some Justice of the Peace 
for the faithful discharge of their trust ; and shall forthwith 
proceed to view, set off and appraise such tract of land, 
and shall make return of their doings to the same Court, 
which award and return, being accepted by the Court, and 
the amount of such appraisement being paid to the owner 
or owners of land appraised and set off by such Committee, 
or if the owner or owners shall not appear, or shall refuse 
to receive the same, to such person or Corporation, for the 
use of the owner or owners, as the same Court shall order, 
the tract of land so appraised and set off, shall be vested 
in the United States, and shall and may be taken, possessed 
and appropriated for the purposes aforesaid : Provided, 
That all charges of such application and appraisement 
shall be paid by the United States ; and Provided, That 
the land which may be set off for the purposes of this Act, 
shall not exceed the quantity of seven acres in the whole, 
for such Light-house, including & reckoning therewith any 
land purchased for the same. Approved June 12, 1800. 



Acts, 1800. — Chapters 8, 9, 10. 17 

1800. — Chapter 8. 

[May Session, ch. 6.] 

AN ACT TO ALTER THE TIME OF HOLDING ONE OF THE COURTS 
OF GENERAL SESSIONS OF THE PEACE, & COURTS OF COM- 
MON PLEAS IN THE COUNTY OF YORK. 

Whereas the holding of the Court of General Sessio7is Preamble. 
of the Peace and Court of Common Pleas, now by Law 
appointed to be holden at Biddeford, in and for the Count;/ 
of York, on the second Tuesday of November, is found to 
be inconvenient : 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the Authority 
of the same, That the Court of General Sessions of the J,' ,mc °\ b0 ^m g 

J ' . Court changed. 

Peace, & Court of Common Pleas now, by Law appointed 
to be annually holden at Biddeford, within and for the 
County of York, on the second Tuesday of November, 
shall, in future, be annually holden at the same place on 
the last Tuesday of October, any law to the contrary not- 
withstanding. Approved June 12, 1800. 

1800. — Chapter 9. 

[May Session, ch. 9.] 

AN ACT TO SET OFF TIMOTHY HORTON FROM THE FIRST 
PARISH IN WEST SPRINGFIELD IN THE COUNTY OF HAMP- 
SHIRE AND TO ANNEX HIM TO THE SECOND PARISH IN 
SAID TOWN. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled <& by the authority of the 
same, that Timothy Horton of West Springfield in the set off from the 
County of Hampshire with his poll and estate, be set from to 2d parish! ec 
the first Parish and annexed to the second Parish in said 
Town, there to do duty and receive privileges : Provided 
however that the said Timothy Horton be holden to pay 
all taxes legally assessed upon him by the said first Parish, 
before the passing of this Act. Approved June 13, 1800. 

1800. - Chapter 10. 

[May Session, ch. 10.] 

AN ACT TO CHANGE THE NAME OF CHARLES CABOT, TO THAT 
OF CHARLES GEORGE CABOT. 

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



18 



Acts, 1800. — Chapters 11, 12. 



Authorized to 
bear the name 
of Charles 
George Cabot. 



the same, That Charles Cabot of Brooklyn in the County 
of Norfolk, merchant, son of George Cabot of the same 
place Esquire, be and he hereby is authorized to take and 
bear the name of Charles George Cabot, and by that name 
shall henceforth be known & called. 

Approved June 13, 1800. 



Capital Stock 
limited. 



Instalments to 
be paid as may 
be directed. 



1800. — Chapter 11. 

[May Session, ch. 11.] 

AN ACT IN ADDITION TO AN ACT ENTITLED " AN ACTjl TO IN- 
CORPORATE SUNDRY PERSONS BY THE NAME OF THE 
PRESIDENT, DIRECTORS AND COMPANY OF THE GLOUCESTER 
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 Cor- 
poration shall hereafter consist of one hundred thousand 
Dollars in Specie and no more, and shall be divided into 
shares of One hundred Dollars each, any thing in the said 
Act to which this is in addition, to the contrary notwith- 
standing. 

Sect. 2. Be it further Enacted, that all the sums 
which may be added to the Capital Stock of said Corpo- 
ration, under the authority of this Act, shall be subscribed 
and paid in, in such manner as shall be hereafter agreed 
upon by a majority of the votes at any legal meeting of 
the Stockholders, holden for that purpose. 

Approved June 13, 1800. 



Certain exemp- 
tions revoked. 



1800. — Chapter 12. 

[May Session, ch. 12.] 

AN ACT TO REPEAL THE THIRD SECTION OF AN ACT, ENTITLED, 
— "AN ACT TO REPEAL AN ACT, ENTITLED, AN ACT TO 
INCORPORATE THE COMMITTEE OF THE CHURCH & CON- 
GREGATION IN THE TOWN OF WARWICK FOR CERTAIN 
PURPOSES"; — PASSED FEBRUARY, ONE THOUSAND SEVEN 
HUNDRED & NINETY FIVE. 

Be it enacted by the Senate & House of Representa- 
tives, in General Court Asse?nbled, & by the Authority of 
the same, that the whole of the Third Section in the Act 
aforesaid, which exempts certain Persons in the town of 
Warwick from contributing to the support of Public 
Worship, being repugnant to the Principles of the Con- 
stitution, be, & the same hereby is repealed. 

Approved June 14, 1800. 



Acts, 1800. — Chapters 13, 14. 19 



1800. — Chapter 13. 

[May Session, ch. 13.] 

AN ACT TO SET OFF JOHN THAYER AND OTHERS, WITH THEIR 
POLLS AND ESTATES, FROM THE TOWN OF BELCHERTOWN, 
IN THE COUNTY OF HAMPSHIRE, AND TO ANNEX THEM TO 
THE SECOND PARISH IN AMHERST FOR PAROCHIAL PRIVI- 
LEGES. 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court, assembled, and by the authority 
of the same, That John Thayer, Ebenezer Bliss, Reuben Persons an- 
Thayer, and Nathaniel Goodale of Belcherstown, in the Amherst. 
County of Hampshire, with their Polls and Estates, be, 
and they are hereby set oil' from the said Town of Belcher- 
town and annexed to the Second Parish in Amherst, in 
said County ; there to enjoy all the Parochial privileges 
of the said Second Parish, and to pay their proportion of 
all necessary charges that may arise therein for the pur- 
poses aforesaid. Provided nevertheless, That the said Proviso. 
John Thayer, Ebenezer Bliss, Reuben Thayer, and Na- 
thaniel Goodale, shall be holden to pay all Taxes now 
assessed or granted by the said Town of Belchertown. 

Approved June 14, 1800. 

1800. — Chapter 14. 

[May Session, ch. 14.] 

AN ACT TO EXEMPT SHEEPSCOT RIVER FROM THE OPERA- 
TION OF ALL LAWS REGULATING THE FISHERIES IN THE 
COUNTIES OF LINCOLN AND CUMBERLAND, EXCEPTING SO 
FAR AS RELATES TO DYER'S RIVER, AND THE STREAMS & 
PONDS RUNNING INTO OR CONNECTED WITH THE SAID 
DYER'S RIVER. 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court assenibled, and by the authority 
of the same, That all Laws heretofore made which regulate certain fish 
the taking of Salmon, Shad, and Alewives, or any other o">orVteon 
fish, in the said Sheepscot River, so called, in the County ^J? 8001 
of Lincoln, be so far repealed, that from and after the 
passing of this Act, they shall cease to operate or have 
any effect in the said Sheepscot River. Provided however, 
That nothing in this Act shall be so construed as to affect 
the stream called Dyer's River, or any of the waters run- 
ning into or connected therewith. 

Approved June 14, 1800. 



20 



Acts, 1800. — Chapters 15, 16. 



Preamble. 



1800. — Chapter 15. 

[May Session, ch. 15.] 

AN ACT PRESCRIBING THE TIME FOR HOLDING THE SEVERAL 
COURTS OF COMMON PLEAS AND COURTS OF GENERAL 
SESSIONS OF THE PEACE WITHIN AND FOR THE COUNTY 
OF HAMPSHIRE. 

Whereas by the alteration of the time of holding the Su- 
preme Judicial Court in said County, it has become neces- 
sary that the time of holding said first mentioned Courts 
should be altered : Therefore, 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
Times at which of the same, That from and after the first day of August 
to beholden, next, the said Courts of General Sessions of the Peace 
and Courts of Common Pleas shall annually be holden at 
Northampton, within and for the said County, on the 
Monday next preceding the last Tuesday of August, on 
the Monday next preceding the third Tuesday of Novem- 
ber, on the Monday next preceding the third Tuesday of 
January, and on the Monday next preceding the fourth 
Tuesday of May ; and all writs, recognizances, processes, 
appeals or continuances which have been or may, before 
the tenth day of August next, be commenced to, taken for 
or pending in the said Court of General Sessions of the 
Peace or Court of Common Pleas, by Law to be holden 
on the Monday next preceding the first Tuesday of 
September next, may be returned to, entered, have day 
in and be proceeded upon in the said Courts to be holden 
in August next ; and all matters and things may be done 
& performed by said Courts on the Monday preceding the 
last Tuesday of August next, in the same manner as they 
might have been done and performed by said Courts in 
September next, if this Act had not been passed. 

Approved June 16, 1800. 



Matters 
referred. 



1800. — Chapter 16. 

[May Session, ch. 16.] 

AN ACT ESTABLISHING THE TENTH MASSACHUSETTS TURNPIKE 
CORPORATION. 

Sec 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, that Eldad Lewis, Azariah Egleston, 



Acts, 1800. — Chapter 16. 21 

Joseph Goodwin, Edward Martendale, Elijah Northrup, Names of P er- 
Thaddeus Thompson, Thomas Brown, John Gregory, rated. c 
Daniel Williams Junr., Ethan Stone, John Willard, Wil- 
liam Walker, Nathaniel Bishop, Daniel Willcox, Jared 
Bradley, Levi Nye, Eliab Brewer, Jonathan Norton, 
Roderic Norton, Stephen Pelton, John Picket junr., 
Sandford Brown, Adonijah Jones, Francis Plummer, 
David Dunbar, Lemuel Collins, Elisha Freeman, John 
Hunter, Isaac Hunter, Caleb Hyde, Isaac Sears, Nathaniel 
Bettis, Enos Stone, Amasa Glezen, Gamaliel B. Whiting, 
David Bozworth junr. Enoch Williams Thayer, Joseph 
Tucker, Jesse Bradley, Enos Blossom, Calvin Sears, 
Paul Dewey, Samuel Fowler, and all such persons as 
shall associate with them, and their successors, shall be 
a Corporation by the name of The Tenth Massachusetts corporate 
Turnpike Corporation, with all the priviledges and pow- Damo ' 
ers incident to Corporations, for the purpose of laying 
out, making and keeping in repair a Turnpike Road from 
the north line of the State of Connecticut, near the place 
where Farmington river, crosses the same, and to com- 
municate with the Turnpike rode lately laid out by said 
State ; thence northwardly by said river to the house of Cour8e of road - 
Sandford Brown in the town of Sandisfield, and thence 
on the west side of said river by or near the Count}' road 
lately laid out through the said Sandisfield and the towns 
of Bethlehem and Becket to the house of John Nichols ; 
from thence northwardly to the east side of Green- water 
pond so called ; thence westwardly through that part of 
Lee called Cape-street, the nearest and best course, by 
Eli Bradley's farm to Lenox Furnace ; thence to the Court 
House ; thence northwardly over the mountain by the farm 
of Samuel Dunbar through Richmond to Hancock west 
line a course leading to the Shaker Village in Canaan in 
the State of New York, in such place or places on the 
above rout, 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 
in width in any place ; and that when the said Turnpike Turnpike sates 
Road shall be sufficiently made, and shall be approved of 
by a Committee to be appointed for that purpose by the 
Court of General Sessions of the Peace for the County of 
Berkshire, the said Corporation shall be and hereby is 
authorized to erect four Turnpike gates on the same, in 
such manner, and at such places as the said Committee 



22 



Acts, 1800. — Chapter 16. 



Toll. 



Proviso. 



Corporation 
may hold land. 



Sufferers to be 
indemnified. 



Penalty for 
delay and for 
exacting exces- 
sive toll. 



shall judge necessary and convenient for collecting the 
toll ; and shall be intitled to receive at each of said gates, 
from every traveller & passenger, the following rates of 
toll, viz. For every Coach, Phaeton, Chariot, or other 
four wheel carriage drawn by two horses, twenty five 
Cents, and if drawn by more than two horses, an addi- 
tional sum of four Cents for each horse — For every Cart, 
Waggon, Sled or Sleigh drawn by two Oxen or Horses, 
ten Cents ; and if drawn by more than two, an additional 
sum of three Cents for each ox or horse — For every Cur- 
ricle seventeen Cents — For every Chaise, Chair or other 
carriage drawn by one horse, twelve Cents five mills — 
For every man and horse, five Cents — For all oxen, 
horses & neat cattle, led or driven, besides those in car- 
riages, one Cent & five mills each — For all Sheep and 
Swine, three Cents for a dozen ; and in that proportion 
for a greater or less number ; — Provided that no toll shall 
be taken from any person passing said road on military 
duty — Provided also, that if the most northerly gate on 
the said Turnpike road shall be placed on the present road 
leading north and south through Richmond, which takes 
the travel from the State of Connecticut, there shall be 
but one half of the rates of toll, established by this Act, 
demanded at the said gate. 

Sec. 2. And be it further enacted, that the said Cor- 
poration may purchase and hold any land over which they 
may make said road ; and the Justices of the Court of 
General Sessions of the Peace in the County of Berkshire, 
are hereby authorized and required upon application from 
the said Corporation, to lay out said road, or any part 
thereof, as with the consent of the said Corporation they 
may deem proper : And the said Corporation shall be 
holden to pay all damages which any person shall sustain, 
by taking his land for said road ; and when it cannot be 
ascertained by voluntary agreement, the same is to be 
estimated by a Committee appointed by the Court of 
General Sessions of the Peace in said County ; saving to 
either party the right of trial by Jury, according to the 
Law which provides for the recovery of damages accruing 
by laying out public highways. 

Sec. 3. And be it further enacted, that if said Corpo- 
ration, their tollgatherers, or others in their employment 
shall unreasonably delay or hinder any traveller or pas- 
senger at either of the said gates, or shall demand and 



Acts, 1800. — Chapter 16. 23 

receive more toll than is by this Act allowed, the Corpo- 
ration shall forfeit and pay a sum not exceeding ten Dol- 
lars, nor less than one Dollar to be recovered before any 
Justice of the Peace for said County, who is not a pro- 
prietor in said Corporation, by any person injured, delayed 
or defrauded in a special action on the case ; the writ in 
which action shall be served on the said Corporation by 
leaving a copy of the same with any Officer or individual 
member of the Corporation living in said County of Berk- 
shire, or by reading the contents thereof in the hearing of 
such Officer or individual member, seven days at least 
before the day of trial ; and the Officer or individual mem- 
ber of the said Corporation, on whom the writ shall be 
served, shall be allowed to defend the same suit in behalf 
of the Corporation ; & the Corporation shall be liable to corporation 

, ! -i i • i I /• accountable 

pay all damages which may happen to any person from for damages 
whom toll is by this Act demaudable by means of any roadf&c! 8 m 
defect of Bridges or want of repairs within the same way, 
and shall also be liable to be fined to the use of the said 
County on presentment of the Grand Jury for not keep- 
ing the same way or the Bridges thereon in good repair, 
except the Bridge by Lenox Furnace, that near Langdon's 
in Lee, and that near Sandford Brown's in Sandistield. 

Sec. 4. And be it further enacted, that if any person renaity for 
shall cut, break down or destroy any of the said Turnpike a^df'o^attempt- 
gates, or shall forcibly pass, or shall attempt by force to j°f c l e ° paBS by 
pass the same without having first paid the legal toll at 
such gate, he shall forfeit and pay a sum 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 trespass before any Court proper to try the 
same; and if any person shall with his horse, carriage, —For evading 
team or cattle, turn out of the said road to pass any of to11 ' 
the Turnpike gates on ground adjacent thereto, and again 
enter on said road, or shall falsely and deceitfully pretend 
to be exempted by this Act from paying toll, with intent 
to defraud the Corporation, such person shall forfeit and 
pay three times as 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 or on the case ; 
provided that nothing in this Act shall be understood to proviso. 
intitle the said Corporation to demand and receive toll of 
any person who shall be passing with his horse or carriage 
to or from public worship ; or with his horse, team or 



24 



Acts, 1800. — Chapter 16. 



Shares consid- 
ered personal 
estate; mode of 
transfer and 
of attachment. 



An account of 
expenses to be 
lodged in Sec- 
retary's office. 



Shares of delin 
quents to be 
sold. 



cattle to or from his common labour on his farm, or to or 
from any mill, or on the common & ordinary business 
of family concerns within the town where he dwells. 

Sec. 5. And be it further enacted, that the shares in 
the same Turnpike road, shall be taken, deemed and con- 
sidered to be personal estate to all intents and purposes, 
and may be transferable ; and the mode of transfering 
said shares shall be by deed, acknowledged before any 
Justice of the Peace, and recorded by the Clerk of the 
said Corporation in a book to be kept for that purpose ; 
and when any of the 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 
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 such 
sale, or the judgment Creditor, leaving a copy of the exe- 
cution with the Officer's return on the same, with the 
Clerk of the said Corporation within ten days after such 
sale, and paying for the recording of the same. 

Sec. 6. Arid be it further enacted, that the said Corpo- 
ration shall within six months after the said road is com- 
pleted, lodge in the Secretary's Office an account of the 
expenses thereof, and that the said Corporation shall 
annually exhibit to the Governor and Council a true ac- 
count of the income or dividend arising from the said toll, 
with their annual necessary disbursements on the said 
road, and 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. 

Sec. 7. And be it further enacted, that whenever any 
proprietor shall neglect or refuse to pay any tax or assess- 
ment, duly voted and agreed upon by the said Corpora- 
tion, to their Treasurer, within sixty days after the time 
set for the payment thereof, the Treasurer of the said 
Corporation is hereby authorized to sell at public vendue 
the share or shares of such delinquent proprietor, one or 
more, as shall be sufficient to discharge said taxes, and 
defrey the necessary incidental charges, after duly notify- 
ing in the Newspaper printed at Stockbridge, 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 



Acts, 1800. — Chapter 16. 25 

sale shall be a sufficient transfer of such share or shares so 
sold, to the person purchasing ; & on producing a Certifi- 
cate of such sale from the Treasurer to the Clerk of the 
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 thereafter be considered to all intents and purposes 
the proprietor thereof; and the overplus arising from 
such sale, if any remains, shall be paid by the Treasurer, 
on demand, to the person whose shares were thus sold. 

Sec. 8. And be it further enacted, that the said Cor- ^ g ° r ^ c ° t a e r d d t0 
poration shall at all places where the said toll shall be 
collected, erect and keep constantly exposed to view a 
sign or board, with the rates of toll of all the tollable arti- 
cles fairly and legibly written thereon in large characters. 

Sec. 9. And' be it further enacted that the said Cor- commutation of 

. . • e i i ii n toll allowed. 

poration may from time to time, it they shall see nt 
commute the toll at either, or all of said gates, with any 
person, or with the inhabitants of any town through which 
the said road passes, by receiving from him or them a 
certain sum annually, to be mutually agreed on in lieu 
of the toll established in and by this Act. 

Sec. 10. And be it further enacted, that a meeting of ^oole officers 
the said Corporation shall be holden at the Coffee-house ^, d e8 e8tabli8h 
in Lenox aforesaid on the first Tuesday of August next 
for the purpose of choosing a Clerk, and such other Offi- 
cers as may then and there be agreed upon by the said 
Corporation for managing the concerns thereof; and also 
to establish such rules and regulations, as may then and 
there be deemed necessary for carrying into effect the 
purposes and designs of the Corporation ; provided the 
same be not repugnant to any part of this Act, or any 
other Law of this Commonwealth ; & that the said Corpo- 
ration may then and there agree upon the times and 
places of holding their subsequent meetings, and upon the 
methods of calling the same, as they may judge proper. 

Sec. 11. And be it further enacted, that the General £°7be a du n 
Court may dissolve said Corporation, whenever it shall 80lved - 
appear to their satisfaction, that the income arising from 
the said toll, shall have fully compensated the said Cor- 
poration for all monies which they may have expended in 
purchasing, making, repairing and taking care of the said 
road, together with an interest thereon at the rate of 
twelve per centum by the year ; and thereupon the prop- 



26 



Acts, 1800. — Chapters 17, 18. 



Period for com- 
pleting road. 



Quantity of 
land to be 
ceded. 



Concurrent 
jurisdiction 
retained. 



erty of said road shall be vested in the Commonwealth, 
and be at their disposal. Provided that if the said Cor- 
poration shall neglect to complete the said Turnpike road 
for the space of three years from the passing of this Act, 
the same shall become void and of no effect.^ 

Approved June 16, 1800. 



1800. — Chapter 17. 

[May Session, ch. 17.] 

AN ACT PROVIDING FOR THE CESSION OF CLARKE'S POINT IN 
THE TOWN OF NEW BEDFORD, TO THE UNITED STATES. 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That one hundred and thirty four 
rods of land at the end of Clark's Point in the Town of 
New Bedford, on which there is now a Light House stand- 
ing, the property of the United States, be, and hereby is 
granted & ceded to the United States. 

Sect. 2d. Provided however, and be it further Enacted, 
That the cession and grant aforesaid is upon this express 
condition, that this Commonwealth shall retain a concur- 
rent Jurisdiction with the United States in & over the land 
aforesaid, so far as that all civil processes and such criminal 
processes as may issue under the authority of this Com- 
monwealth against any person or persons charged with 
crimes committed without the Land aforesaid, may be 
executed therein in the same way & manner as tho' 
this cession had not been made & granted. 

Approved June 16, 1S00. 



1800. — Chapter 18. 

[May Session, ch. 18.] 

AN ACT TO REPEAL- PART OF AN ACT, ENTITLED, "AN ACT 
FOR THE DUE REGULATION OF WEIGHTS & MEASURES." 

Be it enacted by the Senate <£• House of Representatives, 

in General Court Assembled, & by the authority of the 

Partof actregu- same, — That so much of the Act aforesaid, as requires 

lating weights , ' , m ., . 1 /-^ • • 1 • 1 ■ 

and measures that the Treasurers or the several Counties within this 
Commonwealth shall provide & keep a Bushel-Measure 
as a Standard, be & the same hereby is repealed. 

Approved June 16, 1800. 



Acts, 1800. — Chapter 19. 27 



1800. — Chapter 19. 

[May Session, ch. 20.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO 
EMPOWER THE INHABITANTS OF THE TOWN OF SALEM TO 
CHOOSE A BOARD OF HEALTH, AND FOR REMOVING AND 
PREVENTING NUISANCES IN SAID TOWN," AND FOR REPEAL- 
ING PART OF SAID ACT. 

Be it enacted by the Senate, and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That no person or persons without first J^^pj^ 
obtaining permission therefor, from the Board of Health, killed in saiem 
chosen, or which shall be chosen, pursuant to the directions dates without 
of the act, to which this is an addition, or two members P ermi8810D ' etc - 
thereof, shall kill any sheep or lambs within said town, or 
expose to sale within the same, between the first day of 
July, and the twentieth day of September, in any year, 
the meat of any sheep, or lambs, which shall have been 
driven more than five miles within two days next pre- 
ceding the day, on which the same shall be killed; and 
every person who, without having first obtained such per- 
mission, shall, within the Times aforesaid kill any sheep 
or lambs, within said town, or shall expose and oner for 
sale within the same, the meat of any sheep or lamb 
which shall have been driven more than five miles within 
two days next preceding the day on which the same were 
killed; shall forfeit and pay for each offence twenty Dol- 
lars, and the meat of every sheep or lamb, so killed, shall 
be forfeited ; and the said Board of Health, or any two 
of them, may, and it shall be their duty to seize and 
remove the same, and dispose thereof, so as that the 
health of the Inhabitants 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 plaintiff 
or prosecutor shall be held to prove that such sheep or 
lambs had not been driven more than five miles within 
two days next preceding the day on which the same were 
killed, or that the same were killed by the permission of 
the Board of Health or two members thereof. 

Sec. 2d. Be it further enacted, That any master, or Penalty for 
commander of any vessel, who shall enter the harbour of attempting; to 
Salem with his said vessel, after notice given to him by foTquar^ntin" 
any person or persons whomsoever, that Quarantine has 



28 



Acts, 1800. — Chapter 19. 



Penalty for 
disobeying the 
order of the 
Visiting Physi- 
cian as to 
quarantine. 



Penalties and 
forfeitures to 
accrue to the 
town of tialem. 



been directed by said Board of Health for all vessels com- 
ing from the port, or place from which such master or 
commander shall have arrived, or who shall falsly, or 
fraudulently attempt to elude the directions of the said 
Board of Health, by false and unfounded declarations of 
the port or place from whence he came, or as to the sick- 
ness or deaths which may have happened on board said 
vessel, during her then last voyage, or who shall land, or 
surfer to be landed from his vessel, any person or apparel, 
bedding, goods, or merchandize whatsoever, 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 section of the act to 
which this is an addition, forfeit and pay a sum not ex- 
ceeding five hundred dollars, or suffer imprisonment for 
a term, not exceeding six months, or both at the discretion 
of the court having cognizance of the offence. 

Sec. 3. Be it further enacted, That whenever the visit- 
ing Physician of the Board of Health, shall think it neces- 
sary that any vessel should be purified and cleansed and 
perform Quarantine, he, or any other person authorized 
thereto by the Board of Health, may 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 defrayed by 
the master, commander, owner or consignee to be recov- 
ered by an action of the case in the name of the President 
of the Board of Health ; and each and every master, Com- 
mander, 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 exceeding one thousand dollars, 
or suffer imprisonment for a term, not exceeding six 
months, or both, at the discretion of the Court. 

Sec. 4th. Be it further enacted. That all pecuniary 
penalties and forfeitures, arising from this act, shall accrue 
to the use of the town of Salem, and shall be prosecuted 
for and recovered by action of debt in the name of the 
President of the said Board of Health, in any Court com- 
petent to try the same, excepting in those cases in which 
it is herein otherways provided : And that the fourth, 



Acts, 1800. — Chapters 20, 21. 29 

seventh, and ninth sections of the act to which this is an 
addition, be, and the same are hereby repealed, excepting 
so far as respects the recovery of any fines, or forfeitures 
already incurred thereby. Approved June 16, 1800. 

1800. — Chapter 20. 

[May Session, dh. 21.] 

AN ACT FOR THE PRESERVATION, & TO REGULATE THE 
TAKING OF FISH IN CROOKED RIVER & S0NG0 RIVER, IN 
THE COUNTIES OF YORK & CUMBERLAND. 

Be it enacted by the Senate & House of Representatives, 
in General Court Assembled, & by the Authority of the 
same, That if any person or persons shall make, build or No weir or dam 
erect any Weare or Dam in or across either of the said 
Rivers, or shall suffer any Weare or Dam to continue or 
remain in or across the same, or shall take any Fish in said ^J^^ 
Rivers, or in any of the Streams or ponds running into or and Oct. except 

\ i • i i «i i /• n i r> wltn hook and 

connected with the same, in the months ot September & Hue. 
October, excepting with a Hook & Line, the person or 
persons so offending shall forfeit & pay for each offence, 
a Sum not exceeding one hundred Dollars, nor less than 
Five Dollars, to be recovered, by Indictment, in any 
Court of General Sessions of the Peace in either of the 
Counties aforesaid, wherein such offence may be com- 
mitted — one half of which sum shall enure to the use of 
the Poor of the town where said Offence may be com- 
mitted, the other half to him or them who shall prosecute 
for & recover the Same. Approved June 16, 1800. 

1800. — Chapter 21. 

[May Session, ch. 19.] 

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 & 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 Former Act 
in force until the first day of June in the Year of our Lord 
one thousand eight hundred & one, any thing in that or 
any other Act to the contrary notwithstanding. 

Approved June 16, 1800. 



30 



Acts, 1800. — Chapter 22. 



Persons incor- 
porated. 



Corporate 
name. 



How to become 
a member. 



1800. — Chapter 22. 

[May Session, ch. 22.] 

AN ACT TO INCORPORATE SUNDRY PERSONS IN THE TOWNS 
OF ROCHESTER IN THE COUNTY OF PLYMOUTH, AND NEW 
BEDFORD, IN THE COUNTY OF BRISTOL, INTO A RELIGIOUS 
SOCIETY, BY THE NAME OF THE UNITED BAPTIST CHURCH 
AND SOCIETY IN ROCHESTER AND NEW BEDFORD. 

Sec 1. Be it enacted by the Senate, and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That Jesse Tripp, Joshua Snow, 
jun., Elias Dexter, Nathan Maxhani, Elizabeth Dexter, 
Benjamen Hammond the second, John Dexter, Putnam 
Randall, Simeon Randall, Abner Howard, William How- 
ard, Joshua Besse, Abraham Tinkhain, Andrew Tinkham, 
Benjamen Perkins, Henry Smith, Lemuel Randall, Jesse 
Tripp, jun., Benjamen Hammond, the fourth, Silvanus 
Westgate, John Simmons, Ebenezer Snow, Thomas Sher- 
man, the second, John Winslow, Benjamen Bowles, 
Seth Hammond, Jacob Kenny, David Mitchell, John 
Holmes, Nathaniel Hammond, Joseph Davis, Nathan 
Briggs, Nathaniel Besse, Ephraim Meiggs, Stephen Wing, 
Joseph Lovett, James Brownell, Cook Brownell, Jethro 
Randall, John Clark, Thomas Ellis, Malachi Ellis, Charles 
Tinkham, Samuel Bowles, Samuel Bowles, jun. Asa 
Nichols, Reuben Tinkham, John Rouse, Thaddeus Stut- 
son, Joseph Snow, David Randall, Clement Randall, John 
Beard, John M. Beard, Zephaniah Sherman, Amaziah 
Bowles, Henry Higgins, Stafford Hammond, Cephas 
Cushman, John Edwards, Isaac Bowles, Silvanus Ham- 
mond, Thomas Parlow, Samuel Temple, William Parlow, 
David Parlow, Richard Greene, Seth Randall, Samuel 
Randall, Paul Winslow, Dorcas Winslow, and William 
Shaw, together with such others as may hereafter associate 
with them, with their families and estates, be, and they are 
hereby incorporated into a religious society, by the name 
of, The United Baptist Church and Society in Rochester 
and New Bedford, with all the powers, privileges, rights, 
and immunities, to which other Parishes are entitled by 
the Constitution and Laws of this Commonwealth. 

Sec 2. Be it further enacted, That any person living 
within either of the said towns of Rochester and New Bed- 
ford, of the denomination aforesaid, who may at any time 
hereafter, actually become a member of, and unite in re- 



Acts, 1800. — Chapter 22. 31 

ligeous worship with the said Society, in said Rochester 
and New Bedford, and shall 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 hath actually 
become a member of, and united in religious worship with 
the said United Baptist Church and Society in Rochester 
and New Bedford, fourteen days previous to the Town or 
parish meeting therein to be held in the Month of March, 
or April annually, shall, from and after giving such Cer- 
tificate, with his or her families and estate, be considered 
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 town or parish, to which 
he or she belonged previous to that time. 

Sec. 3. Be it further enacted, That when any member h ow to leave 
of said Society shall see cause to leave the same, and unite theB0Ciet y- 
in religious worship with any other Religious Society in 
the town or parish, in which he or she may live, and shall 
give in his or her name to the Clerk of the said Baptist 
Religious Society, with a certificate, signed by the Minis- 
ter, 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 incorporated Re- 
ligious Society, fourteen days previous to their annual 
meeting in March or April, and shall pay his, or her pro- 
portion of all monies voted in said society, to be raised 
previous thereto, such person shall from and after giving 
such certificate, with his or her family and estate, be con- 
sidered as a member of the said society to which he or 
she hath so united. 

Sec. 4. Aiidte. it further enacted, That Elisha Rug- First meeting, 
gles, Esq. be, and he is hereby authorised to issue his 
warrant, directed to some suitable member of the said 
Society, qualified to vote in parish affairs, requiring him 
to warn the Members of the said society to assemble at 
some suitable time and place, as shall be appointed in said 
warrant to choose such officers as Parishes are by Law, 
empowered to choose in the Month of March, or April 
annually, and to transact all other matters and things 
necessary to be done for the benefit of said Society, which 
other Parishes are authorized by Law to transact. 

Approved June 17, 1800. 



32 



Acts, 1800. — Chapter 23. 



Authorized to 
build a bridge 



Toll allowed. 



1800. — Chapter 23. 

[May Session, ch. 23.] 

AN ACT AUTHORIZING THE TOWN OF WESTFIELD, IN THE 
COUNTY OF HAMPSHIRE, TO BUILD A TOLL BRIDGE, OVER 
WESTFIELD GREAT RIVER, NEAR PARK'S MILLS, IN SAID 
COUNTY, AND TO ENABLE THE INHABITANTS OF SAID TOWN 
TO SUPPORT 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 said town of Westfield be, 
and they are hereby, authorized and empowered to build 
a bridge over Westfield Great River, near Park's Mills. 

Sec 2. Be it enacted, That to reimburse the said 
Town of Westfield for their expence, in building and sup- 
porting the said bridge, a Toll be, and hereby is granted 
and established for the use and benefit of the said Town 
of Westfield, according to the rules and rates following, 
viz : For each foot passenger, one cent ; For one person 
and horse, three Cents ; For each horse and chaise sulkey, 
or riding chair, one sixteenth of a dollar ; For each sleigh, 
sled, or cart, drawn by one horse, or other beast, four 
cents ; For each sleigh drawn by more than one horse or 
other beast, one sixteenth of a dollar ; For each coach and 
other four wheel carriage for conveying persons, one 
eighth of a dollar ; For each waggon, cart, sled or other 
carriage, drawn by more than one beast, with one driver, 
one sixteenth of a dollar ; For neat cattle in a drove, six 
cents per dozen ; For horse kind in a drove or lead, six 
cents per dozen ; For sheep or swine, three cents per 
Gates to be left (| oze n ; And at all times, when the toll gatherer shall not 
attend to receive the toll, the gate or gates, if any, shall 
be left open and free for passengers ; and the toll shall 
commence whenever the bridge shall be fit and safe for 
carriages to pass over it, and shall continue to the said 
Town for the term of thirty years : Provided nevertheless, 
That the General Court shall have a right to alter the rate 
of toll after the term of twenty years ; and said bridge 
shall be kept in good, safe, and passable repair; and at 
the place where the toll shall be received, there shall be 
erected, and constantly exposed to open view, a sign 
board, with the rates of toll, of all the tollable articles, 
fairly and legibly written thereon. 



open in absence 
of toll-gather 
ers. 



Toll may be 
altered. 



Acts, 1800.— Chapter 24. 33 

Sec. 3. And be it further enacted, That the said ?j p e e c $ n n ° the 
Bridge shall be built of suitable materials, fourteen feet bridge. 
wide at least, & railed on each side three feet high ; and 
if the said Town shall neglect, for the term of two Years 
after passing this Act, to build and complete the said 
Bridge, then this act shall be void. 

Approved June 17, 1800. 



1800. — Chapter 24. 

[May Session, ch. 24.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THE TOWNS OF BR00KFIELD & SPENCER, IN THE COUNTY 
OF WORCESTER INTO A DISTINCT RELIGIOUS SOCIETY, BY 
THE NAME OF THE FIRST BAPTIST SOCIETY IN BROOKFIELD. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That Nicholas Jenks, Lawrence persons incor- 
Jenks, Thomas Slayton, Josiah Goodell, Oliver Jenks, porated - 
Nathaniel Dodge the second, Jeduthan Stevens, John 
Pierce, Shadrach Pierce, Shadrach Pierce, Junr., Daniel 
Jenks, Joshua Moor, John Wilcott Junr., Thomas Moor, 
junr. Eber Pierce, Ezekiel Baxter, Elisha Doane, Phineas 
Slayton, Jude Stevens, Justus Stevens, Roger Stevens, 
Roger Stevens junr , Elias Staples, Junr., Nicholas Mc- 
Cluer, Silas Stevens, Ezra Benett, Levi Chillson, Isaac 
Slayton, Reuben Convers, Reuben Harrington, Stevens 
Hatch, Luke Convers, Elisha Drake, Samuel Kingsbury, 
Eli Wood, John Stevenson, Clark Hill, David Jenks, Jo- 
seph Bennett, Reynolds Bennett, John Bennett, Thomas 
Jenks, Jairus Lamb, Job Simmons, Joseph Simmons, 
Amos Harrington, Rufus Harrington, Shadrach Hatha- 
way, Peter Kendall, Holland Moor, Benjamin Hamilton, 
Elijah Slayton, Jonathan Lackey, Nicholas McCluer junr., 
Nathan Doane, Elijah Hearey, Isaiah D. Holbrook, Wil- 
liam Guildford, Isaac Kinne, Loammi Harrington, Abra- 
ham Lackey and Jeremiah Kinne, together with their 
families and estates, together with such others as have, or 
may hereafter associate themselves for the same purpose, 
in the manner herein after described, be, and they are 
hereby incorporated into a Religious Society by the name 
of The First Baptist Society in Brookfield, with all the corporate 
powers previleges and immunities to which other parishes nan,c ' 



34 



Acts, 1800. — Chapter 24. 



How to become 
a member. 



How to leave 
the society. 



First meeting. 



are intitled by the Constitution and Laws of this Com- 
monwealth, for religious purposes only. 

Sec. 2. Be it further enacted. That any person in 
either of the said towns of Brookfield or Spencer afore- 
said, being of the Baptist denomination 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 
Brookfield, 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 
part of said Society. Provided hoicever, That such per- 
son shall be held to pay the proportion of all money 
assessed in the town or parish to which he or she be- 
longed, previous to that time. 

Sec. 3. Be it further enacted, That if any member 
of said Baptist Society shall at any time see cause to leave 
the same, and unite in religious worship with the Parish 
in which he may reside, and shall lodge a Certificate of 
such his intention with the Clerk or Minister of said Bap- 
tist Society, and also with the Clerk of the town or parish 
in which he may reside, fourteen days, at least, before the 
annual town or parish meeting to be held therein in the 
month of March or April, and shall pay his proportion of 
all money assessed on said Society previous thereto, such 
person shall, from and after giving such Certificates, with 
his polls and estates, be considered as belonging to the 
town or parish in which he may reside, in the same man- 
ner as if he had never belonged to said Baptist Society. 

Sec. 4. And be it further enacted, That Thomas 
Hale, esq. be, and he is hereby authorized to issue a 
Warrant, directd. to some suitable member of said Bap- 
tist Society, requiring him to notify and warn the mem- 
bers thereof 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 authorized to 
choose in the month of March or April annually. 

Approved June 17, 1800. 



Acts, 1800. — Chapters 25, 26. 35 



1800. — Chapter 25. 

[May Session, ch. 25.] 

AN ACT TO RENDER VALID THE DOINGS OF THE CORONERS OF 
THE COUNTIES OF HANCOCK AND LINCOLN. 

Whereas the Coroners of the Counties of Hancock and Preamble. 
Lincoln have neglected to give bonds, as the Laio requires, 
and yet have served divers Writs and Precepts, and per- 
formed other official duties. 

Be it therefore enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, <& by the Au- 
thority of the same, That all Writs & processes, which Doings ren. 
have issued from good and lawful authority, directed to andvafki . 
the Coroners of said Counties, and which have been served 
and executed by them ; and all Inquests by them taken, 
shall be as good and valid, as if the said Coroners had 
given bonds to the acceptance of the Court of Common 
Pleas, as required by Law, any Law to the contrary not- 
withstanding — Provided, That nothing herein contained, 
shall be construed to affect any action now pending for 
the neglect or omission of any such Coroner. 

Approved June 17, 1800. 

1800. — Chapter 26. 

[May Session, ch. 26.] 

AN ACT AUTHORIZING THE UNITED STATES TO PURCHASE A 
CERTAIN TRACT OF LAND IN CHARL[£]STOWN FOR A NAVY 
YARD. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That the consent of this Commonwealth be, The united 
and hereby is granted to the United States to purchase a f Z edto B pur° r " 
tract of Land situated in the northeasterly part of the chase land. 
Town of Charlestown, in the County of Middlesex, adjoin- 
ing and bounded on two sides by Charles and Mystick 
Kivers not exceeding Sixty-five acres, exclusive of flats, 
for the purpose of a Navy or Dock yard or both of them, 
and erecting magazines, arsenals and other needfull build- 
ings : — The evidence of the purchases aforesaid to be 
entered and recorded in the Registry of Deeds in the said 
County of Middlesex. Provided always, and the consent 
aforesaid is granted upon the express condition, That this 



36 



Acts, 1800. — Chapter 27. 



Concurrent 
jurisdiction 
retained. 



Case of dis- 
agreement 
between the 
agents & 
owners. 



Common wealth shall retain a concurrent Jurisdiction with 
the United States, in and over the tract of Land afore- 
said, so far as that all civil and such criminal processes as 
may issue under the authority of this Commonwealth, 
against any person or persons charged with crimes com- 
mitted without the said tract of Land, may be executed 
therein in the same way and manner as though this con- 
sent had not been granted. 

And be it further enacted, That if the Agent or Agents 
employed for the United States, and the owner, or owners 
of said tract of Land, so to be purchased, cannot agree in 
the sale and purchase thereof; such agent or agents may 
apply to any Court of General Sessions of the Peace, 
which shall be holden within and for the aforesaid County 
of Middlesex; which Court, after due notice given to the 
said owner or owners, arc hereby impowered, and directed 
to hear, and finally determine the value of the same tract 
of Land, or any part or portion thereof, by a Jury under 
oath, to be summoned by a Sherriff or his Deputy for that 
purpose ; or by a Committee of three persons, if the 
Parties aforesaid can agree upon them ; and the value 
thereof being thus ascertained by the verdict of such Jury, 
or the report of such Committee, who are also to be under 
oath faithfully, and impartially to value said tract of Land, 
or any part or portion of the same, 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 tract of Land, or to the owner or owners 
of any part of said tract of Land, that shall have been 
thus valued, with his or her reasonable costs, the said tract 
of Land, or such parts of the same as shall be thus valued, 
shall forever be vested in the United States, and shall and 
may be by them taken, possessed and appropriated to the 
purposes aforesaid. Approved June 17, 1800. 



Preamble. 



1800. — Chapter 27. 

[May Session, ch. 27.] 

AN ACT FOR SETTING OFF JONATHAN KINGSBERY, JUNR., AN 
INHABITANT OF THE WESTERLY PRECINCT IN NEEDHAM, IN 
THE COUNTY OF NORFOLK, & ANNEXING HIM & HIS ESTATE 
TO THE EASTERLY PARISH IN SAID NEEDHAM. 

Whereas Jonathan Kingsbery, junr. living ivithin the 
Westerly Precinct in Needham, in the County of Norfolk, 



Acts, 1800. — Chapter 28. 37 

has represented to this Court, that it is very inconvenient 
for him to attend the Public Worship of God in the said 
Westerly precinct, & praying that he may be annexed to 
the Easterly Parish in Needham. 

Be it therefore enacted by the Senate & House of Repre- 
sentatives, in General Court Assembled, & by the Authority 
of the same, That the said Jonathan Kingsbery, junr. & 
his Estate, belonging to the said Westerly Precinct, be, 
& hereby is set off from the said Precinct & annexed to 
the said Easterly Parish ; Provided nevertheless, That the to pay taxes 
said Jonathan Kingsbery, junr. thus annexed to the said a n Tws p1op 8 or- 
Easterly Parish, shall be holden to pay all Taxes assessed ^VbT"" 
against him in the said Westerly Precinct prior to passing m »de. 
this Act, in the same way & manner as he was before holden 
to pay the same — Provided also, That the said Kingsbury 
shall be holden to pay his proportion of Three hundred 
dollars remaining yet to be assessed by said Westerly 
Precinct, to compleat the sum agreed by them to be paid 
to the Revd. Thomas Noyes for his settlement with them 
in the work of the Gospel Ministry, in the same manner 
as if this Act had not been passed. 

Approved June 17, 1800. 

1800. — Chapter 28. 

[May Session, ch. 28.] 

AN ACT TO ASCERTAIN THE QUALITY OF HOG'S-LARD, AND 
MAKING FURTHER PROVISION FOR THE INSPECTION OF 
BUTTER. 

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 Inspector-General, and }" u 8 £ef t ° r £ e f 
Deputy-Inspector, appointed, or to be appointed by virtue inspector of 
of the Act, entitled, " An Act to ascertain the quality of same'reguhl- 
Butter, and for the more effectual inspection of the same," tl0U8 ' 
shall also be Inspectors of Hogs-Lard, and the several fees 
for inspection, tines, forfeitures, rules and regulations, for 
the exportation of Butter, mentioned in the said Act, shall 
extend to, and be the same for, and respecting the shipping 
of Hog's-Lard packed for exportation, agreeably to the 
directions of this Act. 

Sec. 2. Be it further enacted, That all Hog's lard Lard to be in. 

i • /^i ii iiii • i spected, packed, 

exported from this Commonwealth, shall be inspected, etc. like Butter. 
examined, branded and packed in Kegs, in the same man- 



38 



Acts, 1800. — Chapter 29. 



Small kegs of 
Butter may be 
branded. 



Penalties for 
exporting But- 
ter or Lard 
not inspected. 



Penalty for 
refusing to 
assist Officers. 



ner as is directed in the Act for the inspection of Butter, 
herein beforenamed . 

Sec. 3. Be it further enacted, That the several In- 
spectors of Butter and Hog's-Lard, may inspect and brand 
Kegs of Butter of the following sizes, when thereto re- 
quested ; Viz. Kegs twelve inches long, & seven and an 
half inches diameter in the heads ; or ten inches long, 
with six inches head. 

Sec. 4. And be it further enacted, That if any person 
or persons shall export, or ship for exportation out of this 
Commonwealth, any Butter or Hog's-Lard, not inspected 
and branded, as by this Act, and the Act herein before 
named, to ascertain the quality of Butter, they are 
directed, every such exporter or shipper, and the master 
of every vessel having on board such uninspected Butter 
or Lard, shall, on conviction thereof, respectively forfeit 
and pay the sums following : The owner or exporter shall 
forfeit and pay the sum of one Dollar ; and the master of 
every vessel having the same on board, the sum of fifty 
Cents, for each cask exported, or shipped for exportation. 
And it shall be the duty of any Justice of the Peace, upon 
any information given of any Butter, or Hog's-Lard being 
put on board any vessel as aforesaid, not inspected and 
branded as required by this Act, or the said Act to ascer- 
tain the quality of Butter, to issue his Warrant directed 
to the Sheriff or his Deputy, or to a Constable, requiring 
them respectively, to make seizure of any such Butter or 
Hog's-Lard, not marked and branded as aforesaid, and 
to secure the same in order for trial ; and said Officers 
are hereby respectively required and empowered to exe- 
cute the same ; and it shall be the duty of every person, 
when required, to give the necessary aid for that purpose, 
on pain of forfeiting five Dollars for his refusal. 

Approved June 17, 1S00. 



Salary. 



1800. — Chapter 29. 

[May Session, ch. 29.] 

AN ACT MAKING COMPENSATION TO THE SOLICITER-GENERAL 
OF THIS COMMONWEALTH, FOR HIS SERVICES. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That there shall be allowed and 
paid out of the Treasury of this Commonwealth, annually, 



Acts, 1800. — Chapter 30. 39 

the sum of One thousand Dollars, to the Soliciter-General, 
when appointed, in full compensation for his services, to 
be paid in quarterly payments, as the same shall become 
due. 

Sec. 2. And be it further enacted by the Authority 
aforesaid, That in all bills of costs in criminal prosecutions Fees. 
before the Supreme Judicial Court, in this Commonwealth, 
wherein the Soliciter-General shall be concerned, the sum 
of two Dollars and fifty Cents shall be taxed for his fees, 
without any allowance for travel ; and all fees, thus re- 
ceived by the said Soliciter-General, shall be accounted 
for by him annually, with the Treasurer of this Common- 
wealth. And in all bills of costs, where the said sum of 
two Dollars and fifty Cents shall be taxed for the Soliciter- 
General, the same sum shall not be again taxed for the 
fees of the Attorney General, any thing in the Act, in- 
titled, "An Act making compensation to the Attorney 
General of this Commonwealth for his services," to the 
contrary notwithstanding. Approved June 17, 1800. 

1800. — Chapter 30. 

[May Session, ch. 30.] 

AN ACT IN ADDITION TO AN ACT, INTITLED, " AN ACT ESTAB- 
LISHING THE FIFTH MASSACHUSETTS TURNPIKE CORPO- 
RATION." 

Whereas it is provided in said. Act, that the Road shall Preamble. 
begin at Northfield, and be made through Warwick, 
Orange, Athol, Gerry, Templeton, and Gardner to West- 
minster meeting-house, and thence to Leominster ; and it 
is represented to this General Court, by said Corporation, 
that great inconveniences will arise to the Travellers, if the 
Road should be laid out and made by said meeting house; 

Therefore be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the author- 
ity of the same, That when every other part of said lioad Gates m *y °e 
shall be finished to the approbation of the Committee of part of the'^ad 
the Court of General Sessions, as is provided in said Act, l8hni8hed - 
except about three fourths of a mile now r in dispute in the 
town of Westminster, the Corporation shall be authorized 
to erect Gates, and demand the Toll : Provided, however, 
That the said peice of Road, in dispute, shall be finished 
within six Months after the decision of the General Court 
respecting the alteration prayed for by the Corporation. 

Approved June 17, 1S00. 



40 



Acts, 1800. — Chapter 31. 



Penalty for 
refusing to 
warn members. 



Who is to 
prosecute. 



Part of former 
Act repealed. 



1800. — Chapter 31. 

[May Session, ch. 31.] 

AN ACT IN FURTHER ADDITION TO AN ACT, UNTITLED, "AN 
ACT FOR REGULATING AND GOVERNING THE MILITIA OF THE 
COMMONWEALTH OF MASSACHUSETTS, AND FOR REPEALING 
ALL LAWS HERETOFORE MADE FOR THAT PURPOSE," EX- 
CEPTING AN ACT, ENTITLED, "AN ACT FOR ESTABLISHING 
RULES AND ARTICLES FOR GOVERNING THE TROOPS STA- 
TIONED IN FORTS AND GARRISONS WITHIN THIS COMMON- 
WEALTH; AND ALSO THE MILITIA WHEN CALLED INTO 
ACTUAL SERVICE;" — AND FOR REPEALING THE TWENTY 
THIRD SECTION OF THE ACT IN ADDITION TO THE ACT 
AFORESAID, PASSED ON THE FOURTH DAY OF MARCH, IN 
THE YEAR OF OUR LORD, ONE THOUSAND AND EIGHT 
HUNDRED. 

Sec 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, qnd by the 
Authority of the same, That every non-commissioned Offi- 
cer, or other person, who shall neglect or refuse to give 
any warning required by the aforesaid additional Act, 
when ordered thereto by the commanding Officer, as in 
said additional Act is mentioned, by his Warrant under 
his hand, or when commanded to do & perform the duty 
prescribed in the seventeenth section of the aforesaid 
additional Act, shall, for every such offence, forfeit and 
pay a fine of twenty Dollars ; one moiety thereof to the 
Clerk of the Company who shall prosecute for the same, 
the other moiety to the commanding Officer of said Com- 
pany, in trust for the use of said Company. And when 
there shall not be any Clerk in such Company, then it 
shall be the duty of the Brigade Inspector, or in case of a 
vacancy in that office, then of the Adjutant General, to 
prosecute for said fine, in which case one half thereof shall 
be to the use of the Officer who shall prosecute for the 
same, and the other half to the Commonwealth. 

Sec 2. And be it further enacted, That the twenty 
third section of the additional Act aforesaid, be, and the 
same hereby is repealed, except so far as respects the 
recovery of any fines or forfeitures already incurred 
thereby. Approved June 17, 1800. 



Acts, 1800. — Chapters 32, 33. 41 



1800. — Chapter 32. 

[May Session, ch. 32 ] 

AN ACT TO AUTHORIZE THE USE OF THE VIBRATING STEEL- 
YARD. 

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, useofvibrat- 
the Vibrating Steelyard, invented by Benjamin Dearborn, authorized! 
be permitted to be used in all cases of weighing through- 
out this Commonwealth ; provided, that before being Proviso. 
offered for sale, or the same shall be used, each beam, 
and the poizes thereof, shall be sealed by some public 
Sealer of Weights and Measures, appointed according to 
law. Approved June 17, 1800. 



1800. — Chapter 33. 

[May Session, ch. 33.] 

AN ACT ALTERING THE TIME FOR HOLDING THE COURTS OF 
GENERAL SESSIONS OF THE PEACE AND COMMON PLEAS, 
WITHIN AND FOR THE COUNTY OF WORCESTER. 

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 Courts of General Ses- Time of holding 
sions of the Peace and Common Pleas, which by Law are 
to be holden at Worcester, within and for the County of 
Worcester, on the Monday next preceeding the last Tues- 
day of August annually, shall be holden at the same place 
on the Monday next preceding the second Tuesday of 
August annually instead of the Monday next preceding 
the last Tuesday of August aforesaid. 

Sec 2. Be it further enacted, That all actions, suits, ah writs, &c. 

., . , . i n returnable 

writs, processes, precepts, appeals, recognizances, and all agreeable to 
matters whatsoever, already commenced, sued out, or thls alteratlon - 
pending in said Courts, or that hereafter may be com- 
menced, sued out, or returnable to either of the Courts 
aforesaid, on the Monday next preceeding the last Tuesday 
of August next, and all actions, suits, processes, recogni- 
zances and prosecutions of every kind, now pending, or 
that may be pending before either of the Courts afore- 
said, which before the passing of this Act were to have 
been holden on the Monday next preceeding the last Tues- 
day of August next, shall be returnable to, entered, made, 



42 Acts, 1800. — Chapters 34, 35. 

proceeded upon, prosecuted, had, and determined agree- 
ably to the true intent of such actions, writs, suits, proc- 
esses, appeals, recognizances and prosecutions, before the 
said Court, to be holden by virtue of this Act at said 
Worcester, on the said Monday next preceding the said 
second Tuesday of August next. 

Approved June 17, 1800. 



1800. — Chapter 34. 

[November Session, ch. 2.] 

AN ACT IN ADDITION TO AN ACT FOR ESTABLISHING A COR- 
PORATION BY THE NAME OF "THE FIFTH MASSACHUSETTS 
TURNPIKE CORPORATION." 

Whereas by said Act the Corporation are confined to 
place one of the Gates at, or near the line between the 
towns of Gardner and Westminster, & the peculiar situa- 
tion of the ground and roads rendering it very inconvenient 
to erect a, Gate at, or near said line : 

Be it therefore Enacted by the Senate and House of 

Representatives, in General Court assembled, and by the 

corporation authority of the same, That the said Corporation be, and 

ere™ '"certain hereby are authorized to erect said Gate in any convenient 

fnGarYneT! 1616 place in the town of Gardner, so as not to interrupt the 

most direct road leading from Gardner Meeting House 

to Westminster Meeting-House, any thing in the Act to 

which this is in addition notwithstanding. 

Be it further Enacted by the Authority aforesaid, That 
said Corporation be authorized to erect the Gates and re- 
ceive toll, conformable to the incorporating Act, and this 
Act from the fifteenth day of December to the fifteenth 
day of March next, then said Gates to remain open, and 
no toll exacted untill said road be fully completed and 
accepted. Approved November 15, 1800. 



A temporary 
toll allowed. 



1800. — Chapter 35. 

[November Session, ch. 1.] 

AN ACT IN ADDITION TO, AND FOR THE AMENDMENT OF, AN 
ACT, ENTITLED, "AN ACT FOR ESTABLISHING A CORPORA- 
TION, BY THE NAME OF THE SIXTH MASSACHUSETTS TURN- 
PIKE CORPORATION." 

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



Acts, 1800. — Chapter 36. 43 

of the same, That it shall be in the discretion of the said SK™^ 11 
Sixth Massachusetts Turnpike Corporation, to erect the erect the gates 

Wil(M"6 tll6V 

five Toll Gates, allowed them in the Act to which this is think best. 
in Addition, at such places as in their judgment, shall be 
most conducive to the Public convenience, and the benefit 
of the said Corporation. Provided, That three of the 
said Gates shall be erected to' the Westward of the road 
leading from Barre to the said Turnpike in the town of 
Rutland, and that the situation of all the said Gates shall 
be approved of by the Committee, who are or may be 
appointed in pursuance of the said Act, for the purpose 
of viewing and approving the said Road. 

Approved November 15, 1800. 



1800. — Chapter 36. 

[November Session, ch. 3.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED NEW SUN- 
C00K, IN THE COUNTY OF YORK, INTO A TOWN BY THE 
NAME OF LOVELL. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, That the Plantation of New Suncook, in the Loveii 
County of York, bounded as follows, vizt., Beginning at a incor P° rated - 
Stake & Stones, in the East corner of Fryeburg and the 
North West corner of Bridgton, thence running North, 
forty six and an half degrees West, one thousand, eight 
hundred and sixty-five rods, to a Stake and Stones by 
Fryeburg line ; thence North, fifteen degrees East, three 
hundred and fifty rods, to Keazer Pond to a Birch tree 
marked ; thence by said Pond to a large Stone marked ; 
thence North, forty-five degrees West, seventy-six rods 
to a Maple tree marked ; thence North, twenty degrees 
AVest, Eight hundred and twenty-five rods, to a Norway 
pine tree marked ; thence North, seventy eight degrees 
East, One thousand six hundred and fifty rods, to a Birch 
tree marked ; thence South, twenty degrees East, three 
thousand two hundred and twenty-five rods, to a Pine tree 
standing on Bridgtown line ; thence South, sixty-seven 
degrees West, one thousand, nine hundred and ninety-six 
rods to the first bound, with the Inhabitants thereon, be, 
and they hereby are incorporated into a Town by the 
name of Lovell : And the said Town is hereby Vested 



u 



Acts, 1800. — Chapter 37. 



First meeting. 



with all the Powers, priviledges and immunities which 
other Towns in this Commonwealth do or may by Law 
enjoy. _ 

Be it further enacted, That Moses Ames, Esquire, be, 
and he hereby is impowered to issue his warrant, directed 
to some suitable Person within said Town, requiring him 
to warn a meeting of the Inhabitants thereof, at such time 
and place as shall be exp[r]essed in said Warrant, for the 
purpose of choosing such town Officers as other towns 
are impowered to choose in the month of March or April 
annually. Approved November 15, 1800. 



Strong incor- 
porated. 



1800. — Chapter 37. 

[January Session, ch. 1.] 

AN ACT TO INCORPORATE THE PLANTATION HERETOFORE 
CALLED NUMBER THREE, OR REEDSTOWN, ON THE WEST 
SIDE OF KENNEBECK RIVER, IN THE COUNTY OF KENNE- 
BECK, INTO A TOWN BY THE NAME OF STRONG. 

Sec. 1. Be it enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the author- 
ity of the same, That the township known by the name of 
Reedstown, or Number Three, lying on the west side of 
Kennebeck river in the County of Kennebeck, with the 
inhabitants thereon, be, and hereby are incorporated into 
a town by the name of Strong, by the following bounds, 
viz : Beginning at a hemlock tree, the south west corner 
of Number Two ; thence running west on the north line 
of a Township granted to Reuben Colburn and others, 
four miles and three quarters and sixteen rods, to the 
northwest corner of said Colburn's Township, to a rock 
maple, (a birch tree and heap of stones being the corner 
bounds of said Township Number Three, and the Town- 
ship granted to said Colburn;) thence north, seven miles 
and ninety four rods, to a spruce tree marked for the 
northwest corner of said Township Number Three ; thence 
east, four miles and two hundred fifty-six rods, to an ash 
tree, making the north-west corner of township Number 
Two ; thence south by the west line of said Township 
Number Two, to the first-mentioned bound. And the 
said town is hereby vested with all the powers, privi- 
ledges and immunities, which other towns do, or may 
enjoy by the Constitution and Laws of this Common- 
wealth. 



Acts, 1800. — Chapters 38, 39. 45 

Sec. 2d. And be it further enacted, That William First meeting. 
Read, Esqr. be, and he is hereby authorized to issue his 
Warrant, directed to some suitable inhabitant of the said 
town, requiring him to notify and warn the inhabitants 
thereof, to meet at such time and place as shall be ap- 
pointed in said Warrant, to choose all such Officers as 
towns are by Law required to choose in the months 
of March or April annually. 

Approved January 31, 1801. 

1800. — Chapter 38. 

[January Session, ch. 2.] 

AN ACT TO ALTER THE TIMES AND PLACES FOR HOLDING THE 
COURTS OF GENERAL SESSIONS OF THE PEACE, AND COURTS 
OF COMMON PLEAS, IN THE COUNTY OF CUMBERLAND. 

Be it enacted by the /Senate and House of Representa- 
tives, in General Court assembled, & by the authority of 
the same. That after the next March terms of the Courts 
aforesaid, the times and places for holding the said Courts 
shall be as follows, viz. at Portland within and for the 
County aforesaid, on the third Tuesday of June and Feb- 
ruary annually ; and at New Glocester, within and for 
said County, on the third Tuesday of October annually, 
any Law to the contrary notwithstanding. 

Approved February 6, 1801. 

1800. — Chapter 39. 

[January Session, ch. 3.] 

AN ACT IN ADDITION TO AN ACT PASSED THE NINETEENTH 
DAY OF FEBRUARY, ANNO DOMINI ONE THOUSAND SEVEN 
HUNDRED AND NINETY NINE, ENTITLED, "AN ACT CON- 
CERNING THE PROPRIETORS OF LEBANON." 

Whereas in and by said Act, said Proprietors are 
authorized and empowered to act in their corporate capac- 
ity, for the term of livo years from the passing said act, 
which term is nearly expired, and has not proved sufficient 
to answer the purposes contemplated in the same : 

Be it enacted by the /Senate & House of Representatives, 
in General Court assembled, and by the authority of the 
same, That the said Proprietors be, and hereby are author- 
ized and empowered to continue to act in their corporate 
capacity for the term of two years,, from the eighteenth 



46 Acts, 1800. — Chapter 40. 

day of February current, for the purpose of doing and 
suffering all such matters and things as they might have 
done and suffered in their corporate capacity, any law to 
the contrary notwithstanding. 

Approved February 10, 1801. 



1800. — Chapter 40. 

[January Session, ch. 4.] 

AN ACT TO INCORPORATE CERTAIN PERSONS FOR BUILDING A 
BRIDGE OVER BELFAST RIVER, IN THE COUNTY OF HANCOCK. 

Whereas a Bridge over Belfast River, in the County of 
Hancock, will be of Public utility, and William Cunning- 
ham and others, have petitioned this Court to be incorpo- 
rated for Erecting the same. 

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

kfcor "orated Authority of the same, That William Cunningham, Jona- 
than Wilson, William Patterson, Ephraim McFarland, 
Samuel Russell, Robert Patterson the Second, Abner G. 
McKeen, Nathaniel Patterson, Ephraim McKeen, Jacob 
Eames, R. B. Cochran & John S. Osborn, together with 
those who may hereafter associate with them, be, and they 
are hereby incorporated into a body politic, by the name 
of the Belfast Bridge Company, for the purpose of build- 
ing and maintaining: a Bridge over the River in the town of 
Belfast, in the said County, at the upper ferrying place, 
one mile from the mouth of said River ; and as such, they 
may sue and be sued, may appoint one or more Agents 
or Attorneys, to prosecute or defend them, and may have 
and keep one Common Seal which thej r may alter, break 
or change at pleasure. 

Rate of ton. Sect. 2nd. Be it further Enacted, That for reimburs- 

ing to the said William Cunningham and Others, before- 
named, and their associates, the money they may expend 
in building and supporting the said Bridge, a toll is hereby 
granted and established, for the sole benefit of the said 
William Cunningham and others, before-named, and their 
Associates, according to the rates following, to wit: — 
For each foot passenger, Three cents — For each Man and 
Horse, Twelve Cents & five milles — For each Horse and 
Chaise, sulkey or Riding Chair, Twenty-five Cents — For 
each Sleigh or Sled drawn, by one beast, Twelve Cents & 



Acts, 1800. — Chapter 41. 47 

five milles — For each Sleigh, Sled, Waggon or Cart, 
drawn by two beasts, Twelve Cents & five milles ; — 
For each Sled, Cart or Waggon drawn by more than two 
beasts, Seventeen Cents — For neat Cattle in Droves or 
Single, Two Cents each — For Sheep or Swine, One Cent 
each. 

Sect. 3d. Be it further Enacted, That the said Bridge Directions for 
shall be well-built, of good and suitable materials, at least Bridge & keep- 
twenty feet wide, with sufficient rails on each side for the ing u ln repair - 
safety of passengers, and be provided with a Draw of suffi- 
cient width for Vessels to pass through ; and the Proprie- 
tors shall keep the said Bridge, in good, safe and passable 
repair. And if the said Corporation should unreasonably 
neglect to keep said Bridge in good repair, as aforesaid, 
on such neglect being made to appear to the Court of Gen- 
eral Sessions of the Peace for the County of Hancock, it 
shall be in the power of said Court to prohibit the Pro- 
prietors aforesaid from receiving toll from any person or 
persons, passing said Bridge, untill it is by them put into 
such repair as shall be deemed sufficient by the said Court. 
And the said toll shall Commence whenever said Bridge 
shall be fit and safe for Carriages to pass over it, and 
shall Continue to said Corporation and their Successors, 
for the term of twenty years from the passing of this Act, 
subject to alterations by the General Court. 

Sect. 4th. And be it further Enacted, That if the to be bum 
said William Cunningham, & others beforenamed, and ^ears. 
their associates, shall neglect, for the term of two Years, 
to build said Bridge, then this Act shall be void. 

Approved February 10, 1801. 

1800. — Chapter 41, 

[January Session, ch. 6.] 

AN ACT TO INCORPORATE THE PLANTATION OF LITTLEBOROUGH, 
IN THE COUNTY OF KENNEBECK, INTO A TOWN BY THE NAME 
OF LEEDS. 

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 Leeds incor 
called Littleborough, in the County of Kennebeck, as des- porated - 
cribed within the following bounds, Vizt. Beginning at 
the Northwest corner of Greene, thence riming Northerly 
on the Great Amariscoggin River, to the line of Liver- 



48 



Acts, 1800. — Chapter 42. 



First meeting. 



more, thence Easterly on the Southerly line of said Liver- 
more, till it strikes the line of Wayne, thence Southerly 
by the line of Monmouth to Greene, thence Northwest to 
the bounds first mentioned, together with the Inhabitants 
thereon, be and hereby are incorporated into a Town by 
the name of Leeds. — And the said Town is hereby vested 
with all the powers, privileges and immunities, which 
other towns, do or may enjoy by the Constitution and 
Laws of this Commonwealth. 

Sect. 2. And be it further Enacted, That John Chand- 
ler, Esqr. be, & he is hereby empowered to issue his 
Warrant, directed to some suitable Inhabitant of the said 
town of Leeds, requiring him to notify and warn the In- 
habitants thereof, qualified to Vote in town Affairs, to 
meet at such time and place, as shall be expressed in said 
Warrant, to choose all such Officers as towns are by Law 
required to choose in the month of March or April an- 
nually. Approved February 16, 1801. 



Persons set off 
and provision 
respecting taxes 
and the poor. 



1800. — Chapter 42. 

[January Session, ch. 6.] 

AN ACT FOR SETTING OFF JACOB BASSETT, AND OTHERS, FROM 
THE TOWN OF SUTTON, TO THE TOWN OF NORTHBRIDGE. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That Jacob Bassett, Sarah Carpenter, Elisha 
Putnam, James Prentice, Calvin Prentice, Joshua Bassett, 
Alvin Bassett, Stephen Goldthwait, Jehu Bartlet, Abner 
Adams & James Taylor, with their respective families 
and estates, be, and hereby are set off from the town of 
Sutton, in the County of Worcester, and annexed to the 
town of Northbridge, in the same County, and shall for- 
ever hereafter be considered as part of said town of North- 
bridge, there to do duty & receive privileges, as other 
inhabitants of said town of Northbridge. Provided never- 
theless, That the beforenamed persons, with their estates, 
so taken from the said town of Sutton, and annexed to the 
said town of Northbridge, shall be holden to pay all taxes 
already legally assessed on them by said town of Sutton ; 
& shall also be held to pay their proportionable part of all 
such State and County taxes as shall hereafter be laid on 
said town of Sutton previous to the settlement of another 
valuation of this Commonwealth : And Provided also, 



Acts, 1800. — Chapter 43. 49 

That any person having heretofore owned & resided on 
any of said lands, who by force of any Law in this Com- 
monwealth, in virtue of such ownership and residence, 
has now a legal settlement in said town of Sutton, shall 
hereafter, in case he should become poor and need sup- 
port, be relieved and supported by, and at the expense of 
the said town of Northbridge. 

Approved February 17, 1801. 



1800. — Chapter 43. 

[January Session, ch. 7.] 

AN ACT TO ALTER AND DETERMINE THE TIMES AND PLACES 
FOR HOLDING THE COURTS OF GENERAL SESSIONS OF THE 
PEACE, AND COURTS OF COMMON PLEAS, WITHIN AND FOR 
THE COUNTY OF LINCOLN; AND FOR REPEALING THE SEV- 
ERAL LAWS HERETOFORE MADE FOR THAT PURPOSE. 

Sec. 1. 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, Laws repealed, 
and now in force, for determining the times & places for 
holding the Courts of Common Pleas, and Courts of Gen- 
eral Sessions of the Peace, within and for the said County 
of Lincoln, so far as respects the times and places of hold- 
ing the said Courts, be, and they hereby are repealed. 

Sec. 2. Be it further enacted, That the times and J^{^ 
places for holding the said Courts of Common pleas and courts. 
Courts of General Sessions of the Peaoe, within and for 
the said County of Lincoln, shall hereafter be as follows, 
viz. At Warren on the second Monday of January ; at 
Pownalborough on the second Monday of May ; & at 
Topsham on the fourth Monday of August annually. 

Sec. 3. Be it further enacted, That all actions, suits, Provision reia- 
writs, processes, appeals and recognizances, already taken, commenced, 
commenced, sued out or made; or that hereafter may be 
commenced, sued out, or made returnable to the Courts 
aforesaid at Pownalborough, on the first Tuesday of June 
next ; and all actions, suits, processes, recognizances and 
prosecutions of every kind, now pending, or that may be 
pending in either of said Courts, which were to have been 
holden on said first Tuesday of June next, shall be return- 
able to, entered, proceeded upon & tried before the said 
Courts to be holden by virtue of this Act at said Pownal- 
borough on the second Monday of May next. Provided, 



50 



Acts, 1800. — Chapter 44. 



That all suits, processes, recognizances, and prosecutions 
that have been or may be commenced and made returnable 
to the Courts that were to have been holden at Pownal- 
borough on the first Tuesday of June next, shall be con- 
tinued to the next terms of said Courts, unless the parties 
agree that the cause in which they are interested, shall be 
proceeded on and have day in said Courts to be holden 
on the second Monday of May next. 

Approved February 17, 1801. 



Towns ex- 
empted from 
appointing 
certain grand 
jurors. 



1800. — Chapter 44. 

[January Session, ch. 8.] 

AN ACT FOR RELIEVING THE COUNTY OF SUFFOLK IN THE 
CHOICE AND SERVICE OF JURORS, AND FOR FURTHER REGU- 
LATING THE ADMINISTRATION OF JUSTICE THEREIN. 

Preamble. Whereas the number of Grand Jurors now by law to be 

chosen by the Towns in the County of Suffolk is unneces- 
sarily inconvenient and burdensome, 

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 this Act the several Towns in the said County be, and 
they are hereby exempted from appointing annual Grand 
Jurors to serve at the Court of General Sessions of the 
peace to be held therein, or at the Municipal Court for 
the Town of Boston, and from appointing Petit Jurors to 
serve at the said Court of Sessions, as heretofore by law 
required : and such Jurors as may have been before ap- 
pointed and shall be then liable to serve as aforesaid shall 
be discharged from the said Services from and after the 
last day of April next. 

Sect. 2. Be it further enacted, by the authority afore- 

The grand jury said, That such Jurors as are now appointed or may here- 

oourt e to U attend after be appointed by the Town of Boston, to serve on the 

municipal court. (j ran( j Jury at the Supreme Judicial Court within and for 

the said County of Suffolk, shall be summoned and shall 

attend the Municipal Court for the Town of Boston by 

law to be holden within and for the said Town, from and 

after the said last day of April next, untill other Grand 

Jurors are appointed & returned to serve at the Supreme 

Judicial Court in the County aforesaid, And are hereby 

vested with all the powers given by the Constitution and 

Laws of this Commonwealth to Grand Jurors, touching 



Acts, 1800. — Chapter 44. 5l 

all matters within the jurisdiction of the said Municipal 

Court : and that the Petit Jurors, who are or shall here- The petit jury 

after be appointed in the Town of Boston, to serve in the comm C n pleas 

Court of Common Pleas in said County, and who shall not municfpiiconrt. 

be less than fifteen in number, shall also be appointed for 

and returned to the said Municipal Court : and it shall be 

their duty to attend the said Municipal Court and to serve 

in all causes where by law trial by jury may be required, 

and until another Petit Jury be appointed for the said 

Court of Common Pleas, and the said Petit Jurors shall 

be summoned accordingly. And the said Grand Jurors 

and Petit Jurors shall receive for their services in the said 

Municipal Court the like compensation and in like manner 

as such Jurors are now by law intitled to at the Court of 

Sessions. 

Sect. 3. Be it further enacted by the authority afore- 
said, That the Supreme Judicial Court to be by Law supreme court 
holden within and for the said County of Suffolk shall zanc7of C °frTain 
have cognizance and Jurisdiction of all crimes and other actlons - 
matters heretofore cognizable by the said Court of Ses- 
sions, and triable by a Jury, the Causes of which may 
arise in any other part of the County of Suffolk, than the 
Town of Boston ; And that all appeals from the judgments 
of Justices of the Peace, in Criminal matters happening 
within the said Town of Boston, and which might have 
heretofore been made to the said Court of General Ses- 
sions of the Peace, shall be made to & be cognizable by 
the said Municipal Court. 

Sect. 4. Be it further enacted, by the authority afore- 
said, That the Precepts of the said Municipal Court may precepts of 
be directed to all such Officers, and run into any Counties S^ffuSS? 
within this Commonwealth, that Precepts from the said counties, & c . 
Court of General Sessions of the Peace might by law : 
and that the Grand and Petit Jurors appointed and sum- 
moned to attend at the said Municipal Court shall be Sub- 
ject to the same penalties for non-attendance as such 
Jurors are now respectively subject to by law for not 
attending at the Court of General Sessions of the Peace. 

Sect. 5. And be it further enacted, by the Authority 
aforesaid, That the terms now by law established for hold- £ b e r fX 8 d <; 88lonB 
ing the said Municipal Court on the first Mondays of March 
and September, annually, be, and hereby are abolished. 

Approved February 17, 1801. 



52 



Acts, 1800. — Chapter 45. 



Part i 
law : 



Times for 
holding courts. 



1800. — Chapter 45. 

[January Session, ch. 9.] 

AN ACT FOR ALTERING THE TIMES FOR HOLDING CERTAIN 
COURTS IN THE COUNTY OF KENNEBECK. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
of a former authority of the same, That so much of the third Section 
of an Act, entitled, "An Act to divide the County of 
Lincoln, and to constitute the northerly part thereof a 
seperate County, by the name of the County of Kenne- 
beck," as relates to the times of holding the Courts of 
General Sessions of the Peace, and Courts of Common 
Pleas in said County of Kennebeck, be, and the same is 
hereby repealed ; and that there shall be held and kept at 
Augusta, within and for said County of Kennebeck, a 
Court of General Sessions of the Peace, and a Court of 
Common Pleas, on the second Tuesday of May next ; and 
that after the said next term of the Court of General Ses- 
sions of the Peace & Court of Common Pleas to be holden 
on the second Tuesday of May next, there shall be held 
and kept at Augusta, within and for the said County of 
Kennebeck, a Court of General Sessions of the Peace, 
and a Court of Common Pleas, on the third Tuesday of 
March and August annually, and also a Court of Common 
Pleas on the second Tuesday of December annually. 

Sec' 2. Be it further enacted, That all appeals made, 
and recognizances taken, or that may be taken, before the 
second Tuesday of May next, either to the Court of Gen- 
eral Sessions of the Peace, or Court of Common Pleas, 
shall be considered to all intents and purposes, as if the 
same had been made to the said Courts respectively to 
have been holden on the second Tuesday of May, as afore- 
said, and shall be therein entered, have day, and be acted 
upon accordingly ; and that all writs and processes served, 
or which may be served fourteen days before the said 
second Tuesday of May, returnable to the said Court of 
Common Pleas, which was to have been holden in and for 
said County on the second Tuesday of June next ; and all 
processes returnable to the said Court of General Sessions 
of the Peace, which was to have been holden within and for 
said County on the first Tuesday of June next, which may 
be served in due season, before the said second Tuesday 



Provision rela- 
tive to appeals 
and recogni- 
zances. 



Writs and 
processes. 



Acts, 1800. — Chapter 46. 53 

of May next, shall respectively be returnable to, have day 

in, and be acted upon in the same manner, as if they were 

made respectively returnable to said Courts, to be holden 

on the second Tuesday of May next, as aforesaid. And 

all matters and things now depending in either of said 

Courts, and which stand continued to the terms thereof, 

which were to have been holden on the first Tuesday of 

June next, shall have day, and be acted upon in said 

Courts respectively, now to be holden on the second 

Tuesday of May next, in the same manner, as if said 

Courts had originally been appointed to be holden at that 

time : Provided however, That on all writs and processes continuance 

whatsoever, commenced or issued and returnable to the may egrante ■ 

term which was to have been holden in said County in 

June next, where there shall be no appearance on the part 

of the defendants, and where the defendants shall appear 

& move for a continuance to the then next term of said 

Court to be holden in said County, the Court shall direct 

and grant a continuance as of course. 

Sec. 3. And be it further enacted, That the Jurors jurors to serve 
returned to serve at the Court of Common Pleas in said e^ons. 
County of Kennebeck, shall be liable to serve as Jurors 
of the Court of General Sessions of the Peace in the same 
manner as if they had been returned for the Court of 
General Sessions of the Peace as the Law directs, any Law 
to the contrary notwithstanding. 

Approved February 17, 1801. 

1800. — Chapter 46. 

[January Session, ch. 10.] I 

AN ACT TO INCORPORATE AND' ESTABLISH A SOCIETY BY THE 
NAME OF THE KENNEBECK AGRICULTURAL SOCIETY. 

Whereas important advantages may arise to the Com- Preamble. 
munity from instituting a Society, for the purpose of pro- 
moting Agriculture in the district of Maine; and divers 
persons having petitioned to this Court to be incorporated 
into a Society for that purpose: 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
Authority of the Same, That the said petitioners, vizt. Persons incor- 
William Howard, Joseph North, Nathaniel Dummer, Dan- por 
iel Cony, Chandler Robbins, James Bridge, Daniel Stone, 
Joseph Wingate, William Brooks, Charles Vaughan, 



54 



Acts, 1800. — Chapter 4(3. 



Henry Dearborn, Samuel Moody, Eliphalet Gillet, Henry 
Sewall, Benjamin Vaughan, Jedediah Prescott, Seth Wil- 
liams, Robert Page, John Chandler, Samuel Dutton, Seth 
Gay and John Merrick, together with such Others as have 
or Shall become members thereof, be, and they are hereby 
incorporated into, and made a body politic and corporate 
forever by the name of The Kennebeck Agricultural 
Society. 

Sect. 2. Be S£t further Enacted by the Authority 
Empowered to aforesaid, That the said Corporation be, and are hereby 
declared and made Capable in Law of having, holding, 
purchasing and taking in fee-simple, or any less Estate, 
by Gift, grant devise, or otherwise, any Lands, tene- 
ments, or other Estate, real and personal ; Provided, — That 
the value of the said real Estate shall not Exceed the sum 
of twenty thousand Dollars, and the annual income of the 
said personal Estate shall not exceed the Sum of two 
thousand Dollars ; and may also sell, alien or dispose of 
the same Estate, real & personal, not using the same in 
Trade or Commerce. 

Sect. 3. Be it further Enacted, by the Authority afore- 
said, That the said Corporation shall have full power to 
make, have and use a Common Seal, and the same to 
break, alter and renew at pleasure ; that it shall be Capable 
in Law to sue or be sued, plead and be impleaded, answer 
and be answered unto, defend and be defended, in all 
Courts of Record, or other Courts or places whatsoever, 
in all Actions, real, personal and mixed — and to do and 
execute all and Singular other matters and things, that to 
them shall and may appertain to do. 

Sect. 4. Be it farther Enacted by the Authority afore- 
To make rules, said, That the said Corporation may make, establish and 
put in execution, such laws and regulations, as may be 
necessary for the government of said Corporation ; Pro- 
vided, that the same shall in no Case be repugnant to the 
Laws and Constitution of this Commonwealth — And for 
the well-governing of the said Corporation, and the order- 
ering their Affairs, they shall have such Officers as they 
shall hereafter, from time to time elect and appoint ; and 
such Officers as shall be designated by the Laws & regula- 
tions of the said Corporation for the purpose, shall be 
Capable of exercising such power for the well governing 
and Ordering the affairs of the said Corporation, and call- 
ing and holding such occasional meetings for that pur- 



To have a com- 
mon seal. 



regulations, &c. 



Acts, 1800. — Chapters 47, 48. 55 

pose, as shall be fixed and determined by the said Laws 
and regulations. 

Sect. 5. Be it further Enacted, That the place of hold- First meeting. 
ing the first meeting of the said Society, shall be in the 
Town of Augusta or Hallowell ; and that William Howard, 
Esquire, be, and he hereby is Authorized and impowered, 
to fix the time for holding the said meeting, and to notify 
the same to the members of the said Society, by causing 
the same to be published in the Kennebeck Gazette, 
printed at Hallowell, fourteen days before the time fixed 
on, for holding the said meeting. 

Approved February 17, 1801. 

1800. — Chapter 47. 

[January Session, ch. 11.] 

AN ACT TO ESTABLISH THE DIVIDING LINE BETWEEN VASSAL- 
BOROUGH AND HARLEM IN THE COUNTY OF KENNEBECK. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That the line between the towns of Vassal- 
borough and Harlem, shall extend forty rods on an east- 
south-east course from the south-east corner of Vassal- 
borough, from thence on a line that will meet a line 
running west-north-west, one hundred and four rods from 
the north-east corner of said Vassalborough ; & the afore- 
said lines shall, in future, be considered and taken to be 
the dividing line between said towns of Vassalborough 
and Harlem , any thing in the Acts of incorporation of said 
towns to the contrary notwithstanding. 

Approved February 17, 1801. 

1800. — Chapter 48. 

[January Session, ch. 12.] 

AN ACT IN ADDITION TO, AND FOR REPEALING A CERTAIN PART 
OF AN ACT, ENTITLED, "AN ACT FOR ESTABLISHING A COR- 
PORATION BY THE NAME OF THE FIFTH MASSACHUSETTS 
TURNPIKE CORPORATION." 

Be it enacted by the Senate <& House of Representatives, 
in General Court assembled, and by the authority of the 
same, That so much of the first section of the aforesaid 
Act, as directs that the said Turnpike road shall go to 
Westminster Meeting House, be, & hereby is repealed ; 



56 



Acts, 1800. — Chapter 49. 



and that said Corporation be hereby authorized to make 
the Turnpike road to the northward of said Meeting 
House, in the most convenient direction, subject in every 
other respect to the act to which this is in addition. 

Approved February 18, 1801. 



Preamble. 



Trustees. 



Empowered to 
receive sub- 
scriptions, &c. 



Fund and 
income. 



1800. — Chapter 49. 

[January Session, ch. 13.] 

AN ACT TO INCORPORATE CERTAIN PERSONS, AS TRUSTEES OF 
A FUND FOR THE SUPPORT OF A CONGREGATIONAL MINISTER 
IN THE TOWN OF SHREWSBURY. 

Whereas there are in the Treasury of the town of 
Shrewsbury, certain securities and monies, amounting to 
one thousand nine hundred and twenty Dollars, which the 
town, at a legal meeting, have appropriated as a fund for 
the support of a Congregational Minister in said town. 
And whereas the inhabitants of the town aforesaid have 
raised, by sitbsc7'ij)tion and otherways, a further sum of two 
thousand two hundred and forty-three Dollars for that pur- 
pose, and have petitioned the Legislature for an Act of 
incorporation of certain persons for the due management 
thereof: 

Sec. 1. Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the au- 
thority of the same, That Jonah Howe, Asa Rice, Thomas 
Knowlton, Joseph Stone, Nathan Pratt, Thomas Witherby, 
John Bragg, Nathan Howe and Samuel Haven be, and 
are hereby appointed Trustees to manage such funds as 
are or shall be raised and appropriated to the uses afore- 
said, in and for the town aforesaid : and for that purpose 
they are hereby incorporated into a Body Politic, by the 
name of The Trustees of the funds appropriated to the 
support of a Minister of the congregational denomination 
in the town of Shrewsbury ; and they and their successors 
in said Office, are hereby vested with full power to re- 
ceive into their hands, all subscriptions, donations, 
securities for real or personal estate, & monies already 
subscribed, given or raised, or which hereafter may be 
subscribed or given for that purpose, and to put the same 
to use or interest for the purpose aforesaid ; Provided, 
That the same fund shall never exceed the sum of eight 
thousand Dollars in the whole, and apply the whole, or so 
much as may be necessary of the interest arising there- 



Acts, 1800. — Chapter 49. 57 

from, to pay the salary of such Minister as aforesaid, as 
the majority of the Church and Congregation have settled 
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 
said annual income & interest should be more than suffi- 
cient to pay the salary as aforesaid, then the surplus, if 
any there be, shall be appropriated for the support of 
Schools in said town, or for enlarging said fund, as the 
town may from time to time order or direct ; and if it Trustees may 
shall so happen, that said Trustees shall become seized of 
lands or tenements by mortgage, as security for the pay- 
ment of any debts due to said Society or Corporation, or 
by levying executions on lands for the discharge of debts 
due to said Trustees or Town, and the fee thereof shall in 
due course of law be vested therein, it shall be lawful for 
said Trustees, for the time being, to execute good and 
well authenticated warrantee deeds of the same. 

Sec. 2. Be it further enacted. That the Trustees before- Annual meet- 
mentioned shall forever hereafter hold a meeting in the 
town of Shrewsbury, in the month of April annually, the 
time and 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, 
before the time of said meeting ; at such meeting the major 
part of the Trustees present, may, annually, choose a 
Treasurer, with whom the money or securities for money, 
constituting the funds, may be deposited, and who shall, 
under the controul, and by the order of the Trustees, or 
major part of them, receive in, demand, sue for and re- 
cover as well from all subscribers to said fund, their heirs, 
executors and administrators, the sums they have respec- 
tively subscribed for the purposes aforesaid, or the interest 
of the same only, as from any person who shall hereafter 
subscribe a sum for the purposes aforesaid, his heirs, 
executors & administrators, and shall deliver up, or pay 
out such money or securities ; and the person so chosen 
shall give bond, if required, at the discretion of the Trus- 
tees, for the faithful performance of his duty ; and the 
major part of the Trustees present at such meeting, are 
also empowered to chuse a Clerk annually, who shall be 
under oath to keep a true record of the proceedings and 
doings of the Trustees ; and the Trustees are further em- 
powered, 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 removal of any of the Trustees. 



58 



Acts, 1800. — Chaptek 50. 



becaiie e d™o ay Sec - 3 - Be & farther enacted, That the said town shall 
account. have full power, from time to time, to call said Trustees 

to an account for their conduct in managing said fund ; 
and the estate of each Trustee shall be liable to be taken 
in execution on any judgment against such Trustees, re- 
covered by the said town, which is hereby authorized to 
commence and prosecute an action against said Trustees, 
or any of them, for any embezzlement, or neglect of re- 
funding monies in their hands ; and the debt or damage 
recovered by the said town, in any such judgment, shall 
be to, and for the use aforesaid. 
againTt^TruB. Sec 4. Be it further enacted, That if judgment shall 
himfrom'office De recovere d against the said Trustees, or any of them for 
embezzlement or neglect, as aforesaid, such Trustee or 
Trustees shall, by that fact, vacate his or their said Office, 
& the vacancy shall be filled up in the manner before pro- 
vided. Approved February 18, 1S01. 



Dana incorpo- 
rated. 



Boundaries. 



1800. — Chapter 50. 

[January Session, ch. 14.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THE SOUTHWESTERLY PART OF PETERSHAM, AND THE 
NORTHWESTERLY PART OF HARDWICK, IN THE COUNTY OF 
WORCESTER, AND THE NORTHEASTERLY PART OF GREEN- 
WICH, IN THE COUNTY OF HAMPSHIRE, INTO A TOWN BY 
THE NAME OF DANA. 

Sect. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
Authority of the same, That all the Land described in 
the following boundaries, together with the Inhabitants 
thereon, be, and hereby are incorporated into a town by 
the name of Dana, vizt. Beginning at the Southwest corner 
of Petersham, on the East line of New Salem, and running 
on said line three miles & sixty rods, to the Southeast 
corner of said New Salem ; thence East, seventy-four rods, 
thence South, two hundred & thirty rods ; thence East, 
thirty rods, thence South, one Mile, and one hundred & 
thirty rods ; thence East, fourteen degrees South, two 
hundred and sixty rods, to Hard wick west line ; thence 
south, thirty seven degrees west, on said Hard wick line, 
one hundred & twenty rods ; thence East, thirty-two 
degrees south, two hundred and forty rods, to the Middle 
of Swift River ; thence by a line drawn on the middle of 
said Swift River to the confluence of Pautapaug pond ; 



Acts, 1800. — Chapter 50. 59 

thence North, thirty eight degrees East, one mile, through 
said Pond, to the North-East corner thereof, at a Stump 
and Stones on land of Luther Page ; thence North, fifteen 
degrees East, two hundred rods, to the center of the Bridge 
across said Swift River on the County road ; thence East, 
twenty-one degrees North, one hundred rods, to the South- 
east corner of Land of Stephen White ; thence North, 
twenty-two degrees East, eighty rods ; thence, North, six 
degrees East, two hundred and eighty rods ; thence North, 
five degrees West, one mile and eighty rods, to the Eastern 
declivity of Three-penny Morris hill, (so called;) thence 
North, ten degrees East, to the North-east corner of land of 
Seth Williams, one mile & eighty rods ; thence West, four- 
teen degrees North, one hundred & thirty rods, — thence 
West, twenty five degrees South, two hundred rods ; thence 
West, nineteen degrees North, to the first mentioned bound. 
And the Inhabitants of the said Town of Dana, are hereby 
invested with all the Powers, privileges, rights, and immu- 
nities, which other towns are or may be in titled to enjoy, 
by the Constitution & Laws of this Commonwealth. And 
the whole of the said town of Dana is hereby annexed to, 
and made a part of, the County of Worcester. 

Sect. 2. Be it further enacted, That the Inhabitants Provision re - 
of the said town of Dana, shall be holden to pay their pro- and the poor. ' 
portion of all rates and taxes, already assessed or granted 
by the Commonwealth, or by the Counties or towns, to 
which they heretofore severally belonged, or which shall 
be hereafter granted by the Commonwealth or County, 
untill a new valuation shall be taken and established in 
this Commonwealth, in the same manner, as though this 
Act had never passed, and shall support all the poor who 
had their legal settlement, in either of said towns of Peters- 
ham, Hard wick or Greenwich, and are now removed there- 
from, and have not gained a settlement elsewhere, and 
whose dwelling place or home, was, before such removal, 
within the limits which now constitute the town of Dana. 

Sect. 3. And be it further enacted, That Daniel Bige- First meeting, 
low, Esquire be, and he is hereby authorised to issue a 
Warrant directed to some suitable Inhabitant of the said 
town of Dana, requiring him to notify the Inhabitants 
thereof, to meet at such time and place as shall be ap- 
pointed in said Warrant, for the election of all such Offi- 
cers as towns are entitled to choose in the months of March 
or April annually. Approved February 18, 1801. 



60 



Acts, 1800. — Chapter 51. 



Time of holding 
court at Ips- 
wich altered. 



Provision for 
certain busi- 
ness. 



Provision rela- 
tive to actions 
against corpo- 
rations. 



1800. — Chapter 51. 

[January Session, ch. 15.] 

AN ACT FOR ALTERING THE TIME OF HOLDING THE COURT 
OF GENERAL SESSIONS OF THE PEACE, & COURT OF COM- 
MON PLEAS WITHIN AND FOR THE COUNTY OF ESSEX, FROM 
THE SECOND TUESDAY OF APRIL, TO THE SECOND TUESDAY 
OF MARCH. 

Whereas by the alteration of the time of holding the 
Supreme Judicial Court in said County, it has become 
necessary that the time of holding said first mentioned 
Courts, should be altered, Therefore, 

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 Court of General Sessions 
of the Peace, and Court of Common Pleas, which by Law 
are to be holden at Ipswich, within and for the County 
of Essex, on the second Tuesday of April annually, shall 
be holden at the same place, on the second Tuesday of 
March annually. 

Sec. 2. Be it further enacted, That all writs and proc- 
esses, excepting writs and processes against Corporations, 
which shall not have been served thirty days before the 
second Tuesday of March next, and all recognizances, ap- 
peals and continuances which have been, or may before 
the twenty-fifth day of February current, be commenced 
at, taken for, or pending in the said Court of Common 
Pleas, or Court of General Sessions of the Peace, which, 
before the passing of this act, were to have been holden 
on the second Tuesday of April next, may be returned to, 
entered, have day in, and be proceeded upon and deter- 
mined in the Courts to be holden on the second Tuesday 
of March next. 

Sec. 3. And be it further enacted, That all actions 
and processes against Corporations, commenced, or Avhich 
shall, before the twenty fifth day of February current, be 
commenced at the Court of Common Pleas, which, before 
the passing of this Act, was to have been holden on the 
second Tuesday of April next, and shall not have been 
served thirty days before the second Tuesday of March 
next, may be returned to, entered, have day in, be pro- 
ceeded on and determined by the Court of Common pleas 
to be holden at Salem, within and for the County of Essex, 
on the second Tuesday of July next, in the same manner 



Acts, 1800. — Chapter 52. 61 

as if such action or process had been originally com- 
menced, and made returnable to said Court last men- 
tioned. Approved February 18, 1801. 

1800. — Chapter 52. 

[January Session, ch. 16.] 

AN ACT TO ESTABLISH AN ACADEMY IN THE TOWN OF NEW 
CASTLE IN THE COUNTY OF LINCOLN, BY THE NAME OF THE 
LINCOLN ACADEMY. 

Sec 1. Be it enacted by the Senate <& House of Rep- 
resentatives in General Court assembled, and by the au- 
thority of the same, That there be, and hereby is established ^ inc ° ln 

J J ' ' " Academy 

in the town of New Castle in the County of Lincoln an established 
Academy by the name of The Lincoln Academy, for the 
purpose of promoting Piety, Religion, and Morality, and 
instructing Youth in such of the Liberal Arts and Sciences, 
as the Trustees shall direct. 

Sec 2. Be it further enacted, that the reverend Kiah Trustees incor- 
Bailey and Samuel Nickels esqr., both of New Castle, the porate ' 
reverend Jonathan Ward of New Milford, the reverend 
Alden Bradford, and the honorable Thomas Rice of Pow- 
nalborough, the reverend William Riddle and Thomas 
McClure esqr. of Bristol, the reverend John Sawyer and 
William McCobb esqr. of Boothbay, David Dennis esqr. 
and Mr. Mathew Cottrill of Nobleborough, the honorable 
Henry Knox esqr. of Thomastown, and Mr. Moses Carlton 
of New Milford be, and they hereby are appointed Trus- 
tees of the aforesaid Academy, and they are hereby incor- 
porated into a Body Politic, by the name of The Trustees 
of the Lincoln Academy ; and they and their successors 
shall be, and continue a Body Politic and corporate by the 
same name forever. 

Sec 3. Be it further enacted that the said Trustees to have a seal, 
and their Successors shall make and have a common Seal, 
which they may break, change and renew from time to 
time, as they may see fit; and they may sue & be sued, 
in all actions, real, personal or mixed, and prosecute and 
defend the same to final judgment & execution, by the 
name of The Trustees of the Lincoln Academy, and may 
appoint an Agent or Agents to prosecute or defend such 
suits. 

Sec 4. Be it further enacted, that the Trustees afore- To appoint 
named, and their successors be, and they hereby are made Academy. 



62 



Acts, 1800. — Chapter 52. 



Quorum of 
Trustees. 



Vacancies to be 
filled. 



Property may 
be held. 



Conditional 
grant of land. 



First meeting. 



the Visitors, Trustees and Governors of the said Academy, 
in perpetual succession forever, to be continued in the way 
and manner hereafter specified, with full power and au- 
thority to elect and constitute such Officers of the said 
Academy, as they shall judge necessary and convenient ; 
and to make and ordain such laws, orders and rules, not 
repugnant to the laws of this Commonwealth, for the good 
government of said Academy, as to them shall seem fit 
and requisite. 

Sec. 5. Be it further enacted, that the number of the 
Trustees aforesaid, shall not at any one time be more than 
thirteen, nor less than seven, which last number, at least, 
shall be necessary to constitute a quorum for transacting 
business ; and the eldest Trustee present at any legal 
meeting, shall be considered, and shall act as Chairman 
of such meeting. 

Sec. 6. Be it further enacted, that as often as one or 
more of the Trustees shall die or resign, or in the Judg- 
ment of the major part of the Trustees shall be rendered 
incapable, by age or otherwise, of discharging the duties 
of his Office, the Trustees then surviving, shall elect one 
or more persons to fill up the vacancy or vacancies. 

Sec. 7. Be it further enacted, that the Trustees afore- 
said, and their successors be, and they hereby are rendered 
capable in law to take and hold by gift, grant, devise be- 
quest or otherwise, any lands tennements or other estate, 
real or personal — provided that the annual income of said 
real estate shall not exceed the sum of Two thousand Dol- 
lars, and the annual income of their personal estate, shall 
not exceed the sum of Seven thousand Dollars ; and all 
deeds and instruments, which the said Trustees may law- 
fully make, shall be sealed with their seal, and shall bind 
the said Body Politic, and their estates real and personal, 
under the name of The Trustees of the Lincoln Academy. 

Sec. 8. Be it further enacted, that if the said Trustees 
of the said Academy, shall within three years from the 
passing of this Act, furnish evidence to this Court, that 
funds are secured to the use of said Academy by private 
donation or otherwise, to the amount of Three thousand 
Dollars, the said Trustees shall be then entitled to a grant 
of half a Township of land from this Commonwealth, for 
the use and support of said Academy. 

Sec. 9. And be it further enacted that Samuel Nickels 
esqr., one of the Trustees aforenamed, be, & he hereby is 



Acts, 1800. — Chapter 53. 63 

authorized and empowered to appoint the time and place 
for holding the first meeting of said Trustees, & notify 
them thereof. Approved February 23, 1801. 

1800. — Chapter 53. 

[January Session, ch. 17.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS, FOR THE PUR- 
POSE OF BUILDING A BRIDGE OVER TAUNTON GREAT RIVER, 
BETWEEN THE TOWNS OF DIGHTON AND BERKLEY, IN THE 
COUNTY OF BRISTOL, AT OR NEAR THE COMMON LANDING 
PLACE IN SAID DIGHTON, NEAR THE DWELLING HOUSE OF 
DAVID STANDISH. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That Samuel Tobey, William Bay- Persons incor- 
lies, Thomas B. Richmond, George Ware, Benjamin porated - 
Crane, Luther Crane, Thomas Carpenter the second, with 
such other persons as now are associated, or may hereafter 
associate with them, for the purpose hereafter mentioned, 
their heirs and assigns, be, and they hereby are made and 
constituted a Corporation, or Body Politic, for the pur- 
pose of building a Bridge over Taunton Great River, be- 
tween the towns of Dighton and Berkley, in the County 
of Bristol. 

Sec 2. Be it further enacted, That any two of the Meeting to be 
aforesaid Proprietors may, by posting up notifications at caIled * 
some public places in the towns of Dighton and Berkley, 
warn and call a meeting of the proprietors, to be holden 
at any suitable time and place, after thirty days from the 
first publication of said advertisement ; and the Proprie- officers may be 
tors by a vote of a majority of those present, or duly ruTeTestat? 
represented at the said meeting, (allowing one vote to li8hed - 
and for each single share in all cases ; provided however, 
that no one proprietor shall be allowed more than six 
votes,) shall chuse a Clerk, who shall be sworn to the 
faithfull discharge of said office, and shall also agree on a 
method of calling future meetings, and at the same, or a 
subsequent meeting or meetings, may elect such Officers, 
and make and establish such rules and bye laws, as to 
them shall seem necessary or convenient for the regula- 
tion and government of the said Corporation, for carrying 
into effect the purpose aforesaid, and for collecting the 
toll herein after granted and established ; and may annex 
penalties to the breach of any bye laws, not exceeding five 



64 



Acts, 1800. — Chapter 53. 



Location of 
bridge. 



Draw to be 
constructed. 



Toll. 



Dollars : And all representations at said meeting shall be 
tiled with the Clerk, and this Act, & all rules, regulations 
and proceedings shall be fairly and truly recorded, by the 
said Clerk, in a book or books to be provided and kept 
for that purpose. 

Sec. 3. Be it further enacted, That the said Proprie- 
tors be, and they hereby are authorized & empowered to 
erect a Bridge over Taunton Great River, so called, be- 
tween the towns of Dighton & Berkley, in the County of 
Bristol, at or near the common landiDg place, near the 
dwelling house of David Standish in said Dighton, with a 
convenient Draw for the passing of Vessels, at least twenty 
eight feet wide, which Draw shall be constructed with 
strong abutments ; and on each side thereof there shall be 
a pier, sufficient to secure all such vessels as may attempt 
to pass through said Draw, for the use of such Vessels, 
free of wharfage, or expense of any kind. And the said 
proprietors shall constantly keep some suitable person or 
persons at the said Bridge, who shall raise said Draw for 
any vessel that may be passing up or down the river 
aforesaid, without toll or expense. And in case any 
vessel, about to pass said Bridge, shall be detained at 
the Draw more than five minutes before the same shall be 
begun to be raised, the Proprietors of said Bridge shall 
forfeit and pay to the owner or owners of such vessel, 
the sum of ten Dollars for each and every such detention, 
to be recovered by action of debt, in any Court proper 
to try the same. 

And for the purpose of reimbursing the said Proprie- 
tors the money by them to be expended in building and 
supporting said Bridge, 

Sec. 4. Be it further enacted, That a toll be, and 
hereby is granted and established for the sole benefit of 
said proprietors, according to the rates following, to wit, 
For each foot passenger, three cents ; — for each horse 
and rider, six cents five milles ; — for each horse and 
chaise, chair or sulkey, seventeen cents ; — for each coach, 
chariot, phaeton or other four wheeled carriage for pas- 
sengers, twenty-five cents ; — for each curricle, twenty-five 
cents ; — for each sleigh drawn by one horse, twelve cents 
& five milles ; — for each cart, sled, or other carriage of 
burden, drawn by one beast, twelve cents five milles, if 
drawn by two beasts, seventeen cents, if drawn by more 
than two beasts, twenty cents ; — for each horse without 



Acts, 1800. — Chapter 54. 65 

a rider, & for neat Cattle, four cents each ; — for sheep 

and swine, nine cents per dozen. And one person, and no 

more, shall be allowed to each team as a driver, to pass 

free of toll. And all Companies of Militia, who shall Militia to pass 

have occasion to pass said Bridge, to perform military 

duty, shall pass free of toll. And at all times of night, 

while the river is open and navigable, the Draw shall be 

kept raised from the time the Toll Gatherer leaves the 

Bridge in the evening, untill his return thereto in the 

morning. And the toll shall commence on the day of 

the first opening of said Bridge, and shall continue for the 

term of Forty years. And at the place where the toll sign board to 

shall be received, there shall be erected, and constantly 

exposed to view, a sign board with the rates of toll fairly 

and legibly written or printed thereon in large letters. 

Sec. 5. Be it further enacted, That the said Bridge Bridge, 
shall be well built with suitable materials, at least twenty- 
four feet wide, and covered with planks, with sufficient 
rails on each side, and boarded up sixteen inches high 
from the floor of said Bridge, for the safety of Passengers 
travelling thereon ; and the same shall be kept in good 
repair at all times. 

Sec. 6. And Be it further enacted, That if the said t 1 ™® °£p? !ld - 
Proprietors shall neglect, for the space of four years from 
the passing of this Act, to build and erect said Bridge, 
then this Act to be void & of no effect. 

Approved February 24, 1801. 

1800. — Chapter 54. 

[January Session, ch. 18.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT FOR THE 
DUE REGULATION OF WEIGHTS & MEASURES." 

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 time allowed to each Time for pro- 
County Treasurer within this Commonwealth, to procure weights and 
one complete sett of beams, and of the brass, copper, pew- J^ded? 8 ex 
ter and iron Weights and Measures, well tried, proved and 
sealed by the State Standards, as required in the Act to 
which this is in addition, be extended to the first day of 
January, in the year of our Lord, one thousand eight hun- 
dred and two ; & that the time allowed to the Treasurer 
of each Town and District within this Commonwealth, to 



66 Acts, 1800. — Chapter 55. 

procure a complete sett of the beams, weights, and copper 
or pewter measures, conformable to the State Standards, 
as required in the Act to which this is in addition, be ex- 
tended to the first day of January ; in the year of our Lord 
one thousand eight hundred and three. 
Prosecution not Sec. 2. Be it further enacted, That no prosecution be 

to be instituted. .,.,,, . J ^ \ l , . 

instituted against any lreasurer, tor any neglect in pro- 
curing said weights and measures previous to passing this 
Act. 
certain wooden g EC# 3 And Be it further enacted, That it shall be 

measures al- J 7 

lowed to be kept lawful for the Treasurer of any Town or District afore- 
said, to procure a wooden half-bushel, peck and half-peck, 
conformable as to breadth and contents to the copper or 
pewter measures of the same denomination, required by 
the Act to which this is in addition, which wooden meas- 
ures, when tried, proved & sealed, in manner as provided 
by the said recited act, shall be considered and allowed as 
the Standard of such Town or District, in lieu of such cop- 
per or pewter measures aforesaid, & shall have the same 
force and effect in Law, any thing in the Act, to which 
this is in addition, to the contrary notwithstanding. 

Approved February 26, 1801. 

1800. — Chapter 55. 

[January Session, ch. 19.] 

AN ACT TO INCORPORATE SAMUEL PARKER AND OTHERS, INTO 
A SOCIETY BY THE NAME OF THE BOSTON DISPENSARY. 

Preamble. Whereas certain Persons did, in the year 1796, asso- 

ciate, and establish a charitable Institution in the Town of 
Boston, for the purpose of affording medical Advice and 
Relief to the sick Poor of said Town, under the name of 
The Boston Dispensary. And Whereas said Institution 
has been of General and Essential Service to such Persons 
as are not of ability to procure Medical Advice and Aid for 
themselves ; and the Managers of said Dispensary have 
represented to this Court the Difficulties under which they 
labour for want of an Incorporation, and have petitioned 
for an Act remedial of those Difficulties. And inasmuch 
as the Intentions of said Persons appear to be deserving of 
Encouragement : 

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 Reverend 



Acts, 1800. — Chapter 55. 67 



Samuel Parker, Samuel Stillman and Samuel West, Doc- Persons incor- 
tors in Divinity ; William Tudor, John Andrews, Thomas porated 
Davis, Stephen Gorham and Samuel Dunn, Esquires, 
Jonathan Ainory, Junr. Thomas Brewer and Benjamin 
Bussey, Merchants ; and Nathaniel Smith, Physician ; all 
of said Boston, the Managers of said charitable Institu- 
tion, together with their Associates, be, & they hereby 
are incorporated & made a Body Politic for the Purposes 
aforesaid, by the name of The Boston Dispensary ; and 
that they, their Associates & Successors, have perpetual Bye laws may 
succession by the said name, and have power to make Bye 
Laws for the preservation and Advancement of said In- 
stitution, not repugnant to the Laws of this Common- 
wealth. 

Sect. 2. Be it further enacted, That the said Boston common seal 
Dispensary be, and it is hereby Authorized & empowered authonzed - 
to make, appoint and have a common Seal, and is hereby 
made liable to be sued, and enabled to sue and defend, in 
its Corporate Capacity, in any of the Courts of Record of 
this Commonwealth ; and is hereby licensed and empow- 
ered to make purchases, and to receive Grants & Dona- 
tions of Real & personal Estates, and to hold the same for 
the charitable Purposes aforesaid ; Provided the Rents and income limited. 
Profits of the real Estate, together with the Interest of the 
Personal Estate, shall not exceed the sum of five thousand 
Dollars ; and to manage & dispose of such Estates as to 
the said Corporation shall appear fit. 

Sect. 3. And be it further enacted by the Authority 
aforesaid, That the contributors to said Institution shall Annual meeting 

J i t • /-v i directed. 

meet at Boston, on the second Thursday in October, 
annually, for the purpose of Electing, by ballot, Twelve 
Managers & a Treasurer, public Notice of the time and 
place of holding such meeting being given once, at least, 
in two of the News papers published in said Town, seven 
days before the day of Meeting, and Votes may at all elec- 
tions be given either in Person or by Proxy. 

Sect. 4. And be it further enacted, That the business Powers and 
of said managers shall be to appoint the Physicians, Sur- Managers. 16 
geons & Apothecary of said Dispensary, to provide Medi- 
cines for the Patients recommended by the Contributors, 
and to regulate all Affairs relative to the Institution, any 
three of whom shall constitute a Quorum. And all Instru- 
ments which the said Managers shall lawfully make & exe- 
cute shall, when signed, by their Chairman, Treasurer or 



68 



Acts, 1800. — Chapters 56, 57. 



Secretary, and sealed with their common Seal, bind the 
said Corporation and be Valid in Law. 
First meeting. Sect. 5. And be it further enacted, That the Reverend 
Samuel Parker be, and hereby is Authorized, by public 
Notice in two of the Boston News papers, to call the first 
meeting of said Contributors, at such time and place as he 
shall judge proper, at which meeting the said Corporation 
shall have all the Power vested in them at their stated 
annual meetings in October, but the Officers then chosen 
shall not continue in Office longer than the next meeting 
in October, unless elected anew. 

Approved February 26, 1801. 



Location of 
second gate. 



Penalty for at- 
tempt to evade 
the toll. 



1800. — Chapter 56. 

[January Session, ch. 20.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT ESTAB- 
LISHING THE NINTH MASSACHUSETTS TURNPIKE CORPO- 
RATION." 

Sec 1. Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the author- 
ity of the same, That it shall and may be lawful for the said 
Corporation to erect their second, or westerly Gate, at or 
near the dividing line between this Commonwealth and the 
State of Connecticut, in lieu of erecting the same a little 
west of the Meeting-house in Douglass, as by said Act is 
provided, any thing in said Act to the contrary notwith- 
standing. 

Sec 2. And be it further enacted, That if any person 
shall with his Cattle, Team, Carriage or Horse, turn out 
of the said road to pass the said Gate, on ground adjacent 
thereto, with intent to avoid the toll due by virtue of the 
act to which this is in addition, 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 Corpora- 
tion, to the use thereof, in an action of debt. 

Approved February 28, 1801. 



1800. — Chapter 57. 

[January Session, ch. 21.] 

AN ACT FOR THE SUPPRESSION OF LOTTERIES NOT AUTHOR- 
IZED BY LAW, AND TO PREVENT THE SALE OF ANY TICKETS 
IN SUCH LOTTERIES. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 



Acts, 1800. — Chapter 57. 69 

Authority of the same, That if any person or persons, penalty for as- 
after the first day of April next, shall, within this Com- ? a '^ jot" 
monwealth, aid or assist in the erection of any Lottery, 
not authorised by a Law of this Commonwealth, or of 
the Congress of the United States, by printing:, writing 
or otherwise, or shall aid and assist, in any Lottery estab- 
lished, or erected in any other of the United States, by 
advertising any Tickets in any such Lottery for sale, or 
by publishing the Scheme of any such Lottery, such per- 
son or persons, shall, for each, and every such offence, 
forfeit and pay a sum not exceeding fifty Dollars, nor less 
than five Dollars, at the discretion of the Court, one 
moiety thereof to the use of this Commonwealth, and the 
other moiety to the use of the person, who shall inform 
and complain of the same. 

Sec. 2d. And be it further enacted, That every person Penalty for seii- 
who shall, within this Commonwealth, sell, give, or other- in|'o g rTe D cl'iWng" 
wise dispose of, any ticket in any Lottery, not authorised ticket8 - 
by any Law of this Commonwealth, or of the United 
States, or who shall receive or purchase any such Lottery 
Ticket, as aforesaid, shall forfeit and pay for each, and 
every offence, the sum of five dollars, for every ticket so 
sold, given, disposed of, received, or purchased, in man- 
ner aforesaid : Provided nevertheless, That if any such Proviso, 
receiver or purchaser shall first inform or complain, 
against the person or persons who shall have given, 
sold, or disposed of any such ticket, so that he or they 
shall be convicted thereof, such receiver or purchaser, 
shall not, in such case, be liable to the penalty aforesaid, 
but shall be exempted therefrom. 

Sec. 3d. Be it further enacted, that any purchaser, Money paid 
or holder of any lottery ticket, or tickets, which shall recoverable. 
have been sold, given, or disposed of, contrary to the 
provisions of this Act, shall and may recover the amount . 
which he shall have paid, for any such ticket or tickets, 
of the person or persons, of whom he shall have purchased 
or received the same, whether the same shall have been 
drawn a blank, or a prize, by an action on the case for 
Money had and received, before any Court proper to try 
the same. 

Sec. 4tii. Be it further enacted, That all penalties Recovery of 
and forfeitures given or limited by any Act of this Com- pena 
monwealth in whole or in part, to the use of this 
Commonwealth, may be recovered by indictment in any 
Court proper to try the same. 



70 Acts, 1800. — Chapter 58. 

KcketBto™ Sec - 5th - Be il f urt her enacted, That all notes, 
be void. obligations, contracts and securities given in considera- 

tion of any lottery ticket or tickets sold contrary to the 
provisions of this Act, shall be, and the same are hereby 
declared null and void. 
Amoskeag Lot- g EC> 6 TH# jg e it further enacted, That this Act shall 

tery excepted . ■ ■• ■ 1 i • 

not be construed to extend to a lottery authorized by an 
Act of the Legislature of the State of New Hampshire, 
passed on the twenty-seventh day of December, in the 
Year of our Lord one thousand seven hundred and ninety 
nine, intitled, an Act to authorize Samuel Blodget Esq. 
to set up a lottery for the purpose of locking Amoskeag 
Falls, nor to prevent the sale or disposal of any ticket, or 
tickets in said Lottery, or the advertizement of the sale 
thereof — untill the purposes of the said Act shall be 
fully accomplished. Approved February 28, 1801. 



1800. — Chapter 58. 

[January Session, ch. 22.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS OF 
THE SOUTH-EAST PART OF STURBRIDGE, THE SOUTH-WEST 
PART OF CHARLTON, AND THE WEST PART OF DUDLEY, ALL 
IN THE COUNTY OF WORCESTER, INTO A PARISH, BY THE 
NAME OF THE SECOND RELIGIOUS SOCIETY IN THE TOWN 
OF CHARLTON. 

Sec 1st. Be it enacted by the Senate, and House of 
Representatives, in General Court assembled, and by the 
Persons incor- authority of the same, That Ralph Wheelock, Abel Mason, 
Joshua Harding, Benjamen Freeman, Jedediah Marcy, 
Oliver Plympton, John Ammidon, Luther Ammidon, 
Gershom Plymton, Joseph Shaw, Robert Edwards, Calvin 
Ammidon, Jeptha Clark, Jeremiah Shumway, Oliver 
Hooker, Eleazer Putney, junr., Solomon Clark, Daniel 
Morse, junr., Calvin Perry, Moses Clark, Asa Walker, 
David Dix, Henry Pratt, Jason Morse, junr., Lemuel 
Mason, James Dyer, Joseph Sabin, Eleazer Putney, 
Jedediah Ellis, Israel Marsh, Jonathan Mason, Moses 
Mason, John Marsh, Samuel Newell, Zebina Abbot, Elias 
Plymton, Duty Marsh, Denison Wheelock, Gershom 
Plymton, jun., Nathan Brown, John Holbrook, Ephraim 
Wheelock, William Love, Asa Morse, Jonathan Perry, 
Oliver Thayer, Ralph Harding, Abisha Sabin, John 
Plympton, Thomas Cheney, Jesse Morse, Perley Stone, 
John Mason, Moses Marcy, Edward Morris, Theodore 



porated. 



Acts, 1800. — Chapter 59. 71 



Marcy, Joseph Barrett, Epbraim Bacon, Enoch Bacon, 
Silas Ammidon, Ralph Vinton, Jonathan Perry the 2d, 
Ruggles Morse, William Blood, Charles Dugar, junr., 
David Clemmons, Alexander Brown, Rufus Brown, Gload 
Dugar, Charles Dugar, John Heath, Ebenezer Clark, 
John Wait, Nathaniel Searls, Joseph Barrett, junr., 
Daniel Morse, jun., Alpheus Morse, Jeremiah Morse, 
Freeman Pratt, James Wheelock, John Marcy, Abel 
Mason, junr., Samuel Weatherly, Abisha Hooker, Fletcher 
Foster, Moses Wheelock, Calvin Wheelock, Moses Foster, 
Samuel Robbins and Jacob Mason, with their present 
estates, be, and are hereby incorporated into a Parish, by 
the name of the second religious Society in the Town of 
Charlton, with all the powers, privileges, immunities, 
duties, and obligations, which other Parishes in this Com- 
monwealth are intitled or subjected to by Law, provided 
nevertheless, that they pay all taxes assessed upon them 
before the passing of this Act. 

Sec. 2d. And be it further enacted, That Oliver Meeting for 
Plympton, Esquire, be, and he hereby is empowered to cer°8. ce ° 
issue his warrant to some principal inhabitant of said 
Parish, requiring him to notify and warn the members 
thereof aforesaid, to meet at the meeting house in said 
Parish, at such time as shall be appointed in said warrant, 
for the purpose of choosing such officers as may be 
necessary, agreeably to the Laws of the Commonwealth, 
to manage the affairs of the said Parish, and that the 
members thereof, qualified by Law to vote, be, and hereby 
are empowered to choose such officers accordingly. 

Approved February 28, 1801. 

1800. — Chapter 59. 

[January Session, ch. 23.] 

AN ACT IN FURTHER ADDITION TO AN ACT, ENTITLED, "AN 
ACT TO ASCERTAIN THE QUALITY OF BUTTER, AND FOR THE 
MORE EFFECTUAL INSPECTION OF THE SAME," AND TO THE 
ACT, ENTITLED, "AN ACT TO ASCERTAIN THE QUALITY OF 
HOG'S LARD, & MAKING FURTHER PROVISION FOR THE IN- 
SPECTION OF BUTTER." 

Sec 1. Be it enacted by the Senate & House of Rep- 
resentatives, in General Court assembled, and by the au- 
thority of the same, That in addition to the marks and ^ ct b e r d and 
brands now required by law to be impressed on every 
cask, keg or firkin of Butter or Lard, duly inspected, 



72 



Acts, 1800, — Chapter 60. 



Additional fees 



there shall be impressed, by the Inspector or Deputy In- 
spector, with a brand, the word Third, on any cask, keg 
or firkin of Butter or Hog's Lard, which shall appear to 
be of a quality correspondent ; & each cask, keg or firkin 
of Butter or Lard, inspected as aforesaid, shall also be 
branded with the word Butter or Lard, as the case may be. 
Sec. 2. And be it further enacted, That for inspecting, 
branding and weighing each cask, keg, or firkin of Butter 
or Hogs Lard, and delivering to the owner an invoice or 
weigh-note of the same, the Inspector, or any Deputy 
Inspector, shall have and receive three cents in addition 
to the four cents allowed in the Act to which this is in 
addition, to be paid by the purchaser of the same. And 
for each certificate required by Law to be issued upon the 
inspection of Butter or Hog's Lard exported out of this 
Commonwealth, the Inspector, or any Deputy Inspector, 
shall receive twenty cents, in addition to the ten cents 
heretofore established by law for such certificates. 

Approved March 3, 1801. 



Preamble. 



1800. — Chapter 60. 

[January Session, ch. 24.] 

AN ACT TO INCORPORATE BENJAMIN HODGES AND OTHERS, 
INTO A SOCIETY, BY THE NAME OF THE SALEM EAST INDIA 
MARINE SOCIETY. 

Whereas Benjamin Hodges & others, have petitioned to 
be incorporated for the laudable purposes of affording re- 
lief to disabled Seamen, and to the indigent widows and 
families of deceased members and others; and of promoting 
a knowledge of navigation and trade to the East Indies. 

Sect. 1. Be it enacted by the Senate & House of Rep- 
resentatives , in General Court assembled, and by the au- 
corporate name thority of the same, That Benjamin Hodges, Benjamin 

utitl powers. <j ' u 

Carpenter, John Osgood, and Jacob Crowninshield, to- 
gether with all others, who now are, or hereafter may be 
associated with them, be, and they hereby are constituted 
a body politic & corporate forever, by the name of The 
Salem East India Marine Society, and by that name, may 
sue and be sued, plead and be impleaded, answer, and be 
answered unto, defend and be defended, in all Courts and 
places whatsoever, in all actions, real, personal and mixed ; 
and the said Corporation shall have full power and Au- 
thority, to make, have and Use a common Seal, and the 



Acts, 1800. — Chapter 61. 73 

Same to break, alter, and renew at pleasure, and shall 
have and enjoy, all the privileges and powers incident to 
a Corporation. 

Sect. 2. Be it further enacted, That the said Corpo- Estate may be 
ration be, and the same is hereby made capable in Law, 
of having and holding, by gift, grant, devise, or otherwise, 
any Estate, real or personal, provided, the same shall not 
exceed Forty thousand Dollars in value. 

Sect. 3. Be it further enacted, That the said Corpo- officers to be 
ration, may annually, or at any special meeting, called for ' 

the purpose, elect all such Officers, and make, establish, 
& put in execution such by-laws, rules & regulations, 
as to calling future meetings, the election and admission 
of members, and the Government thereof, as they shall 
judge to be necessary ; provided, that the same shall in 
no respect be repugnant to the Laws and Constitution of 
this Commonwealth. 

Sect. 4. And be it further enacted, That, the afore- First meeting. 
named Benjamin Hodges, Benjamin Carpenter, and John 
Osgood, or any two of them, be, and they hereby are au- 
thorized, by a notification under their hands, published in 
the Salem Gazette, three weeks successively, to call a 
meeting of the members of said Society, to be holden at 
any suitable place in said Salem. 

Sect. 5. Provided nevertheless, That, the said Society, ^ t i r n icte ^ from 
shall neither directly nor indirectly, deal or trade in buy- 
ing or selling an}" goods, wares, or merchandize, or com- 
modities whatsoever ; provided, also, no person shall be 
eligible as a member of said Society, unless such as have 
actually navigated the Seas near the Cape of Good Hope 
or Cape Horn. Approved March 3, 1801. 

1800. — Chapter 61. 

[January Session, ch. 25] 

AN ACT TO ESTABLISH AN ACADEMY AT NANTUCKET, BY THE 
NAME OF THE NANTUCKET ACADEMY. 

Whereas Joseph Chase and others, have subscribed up- Preamble. 
wards of three thousand Dollars, for the purpose of erecting 
and supporting an Academy at Nantucket, and have erected 
a building convenient for its use: 

Sec. 1. Be it enacted by the Senate & House of Rep- 
resentatives, in General Court assembled, and by the au- 
thority of (he same, That there be, and hereby is established ^"adem^ 1 

established. 



74 



Acts, 1800. — Chapter 61. 



Empowered to 
hold estate. 



Trustees to 
choose officers, 
to regulate the 
calling of meet- 
ings, &c. 



in the Town and County of Nantucket, an Academy, by 
the name of The Nantucket Academy, for the purpose of 
promoting piety, religion, and morality, and for the edu- 
cation of youth in such languages, and in such of the lib- 
eral arts and sciences, as the Trustees, hereafter chosen, 
shall direct ; and that Joseph Chase, Shubael Coffin, the 
second, Samuel Cary, Roland Gelston, Isaac Coffin, Mi- 
cajah Gardner, George Myrick, Joshua Coffin, Amaziah 
Gardner, Grafton Gardner, Samuel Riddle, Gersham 
Drew, Frederick Brown, Robert Folger, Peter Chase, 
Benjamin Swift, Jonathan Myrick junr , Thomas Varney 
McCleave, William Cobb, Ebenezer Raymond, Latham 
Gardner, John Elkins, Charles Norris, Obed Aldridge, 
Wilson Rawson, Jedediah Fitch, William Folger junr. 
and Walter Folger junior, together with such others as 
may hereafter associate with them, be, and hereby are 
incorporated into a Body politic, by the name of The 
Proprietors of the Nantucket Academy ; and that they, 
and their successors shall be, and continue a Body Politic 
and Corporate, by the same name forever ; & that they, 
at their first meeting, shall elect nine of the said Proprie- 
tors as Trustees for said Academy. 

Sec. 2. Be it further enacted, That all the monies, 
lands or other property, and things already subscribed & 
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 con- 
firmed to the said Trustees, and to their successors 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, tennements, hereditaments & 
other estate, real or personal, provided the annual income 
thereof shall not exceed the sum of Five thousand Dol- 
lars ; & may sell and dispose of the same, and apply the 
rents, issues and profits thereof in such manner as the end 
and design of the said Institution shall, in their discretion, 
require. 

Sec. 3. Be it farther 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, and to 
fix the tenures of their respective offices ; to remove any 
Trustee from the Corporation, when, in their opinion, he 
shall be incapable, by reason of age or otherwise, of dis- 
charging the duties of his office ; to fill all vacancies in 



Acts, 1800. — Chapter 61. 75 

said Corporation, to determine the times and places of the 
meetings of said Corporation, the manner of notifying, 
and the method of electing and removing such Trustees ; 
to elect, & prescribe the powers & duties of the Officers 
of the said Corporation ; and also prescribe the powers and 
duties of the Preceptor, Teachers, and all other Officers 
of the Academy ; & to make and ordain reasonable rules, 
orders and bye laws, not repugnant to the laws of this 
Commonwealth, with reasonable penalties for the good 
government of the said Academy. 

Sec. 4. Be it further enacted, That the Trustees may Common 8e; u 
have a common seal, which they at pleasure may break, 
alter and renew ; and that all deeds signed and sealed 
with such seal, delivered and acknowledged by the Secre- 
tary of said Corporation, by order of the Trustees, shall 
be good and valid in law, and that the said Trustees may 
sue and be sued, in all actions, real personal and mixed, 
and prosecute and defend the same to final judgment and 
execution, by the name of The Trustees of the Nantucket 
Academy. 

Sec. 5. Be it further enacted, That the number of the Quorum of 
Trustees of said Academy shall not, at any one time, ex- 
ceed nine, nor be less than seven, five of whom shall con- 
stitute a quorum to do business, and a majority of the 
members present at any legal meeting, may decide on all 
questions proper to come before the Trustees. 

Sec. 6. Be it further enacted, That there be, and ^nd granted, 
hereby is granted to the said Trustees, and to their suc- 
cessors forever, for the use of the said Academy, one half 
a Township of six miles square of the unappropriated 
lands belonging to this Commonwealth in the District of 
Maine, (excepting the ten Townships on Penobscot river) 
to be laid out and assigned by the Committee for the sale 
of eastern lands, under the restrictions and reservations 
made in similar grants. 

Sec. 7th. And be it further enacted, That Isaac Coffin, First meeting. 
Esqr. be, and he is hereby authorized to fix the time and 
place for holding the first meeting of the said Proprietors, 
and to notify them thereof. Approved March 3, 1801. 



76 



Acts, 1800. — Chapter 62. 



Preamble. 



Rule for appor- 
tioning the value 
of the old meet- 
ing-house. 



Value of the 
new bouse to 
be estimated. 



1800. — Chapter 62. 

[January Session, ch. 26.] 

AN ACT IN FURTHER ADDITION TO AN ACT, ENTITLED, "AN 
ACT IN ADDITION TO AN ACT, ENTITLED, AN ACT FOR IN- 
CORPORATING THE SEVERAL RELIGIOUS SOCIETIES IN NEW- 
BURY PORT, IN THE COUNTY OF ESSEX." 

Whereas the proprietors of the house of public worship of 
the first religious Society in Newbury Port, having erected, 
and being now in finishing a new house of public worship 
for the said society, and having, at a meeting of the said 
proprietors, duly called and /widen on Thursday, the 
fifteenth day of January in this present year, passed divers 
votes for the just apportionment of the expences of building 
the said new house, for the convenient disposition of the 
pews therein, and for the equitable distribution of the nett 
proceeds of the sales of their old meeting-house ; and hav- 
ing requested the aid of the Legislature in confirming their 
said proceedings, which request appearing reasonable; 

Sec. 1. Be it therefore enacted by the Senate and 
House of Representatives, in General Court assembled, & 
by the authority of the same, That the list and valuation 
of the pews in the said old meeting house, for the year 
eighteen hundred, signed by James Kettell, Henry Hud- 
son and William Wyer, junr., Assessors of the said pro- 
prietors, and lodged in the office of their Clerk, be the 
rule by which to apportion to and among the said propri- 
etors, the nett proceeds of the sale of the said old house, 
and the land under and adjoining the same, in the man- 
ner agreed to by the said proprietors. 

Sec. 2. Be it further enacted by the authority afore- 
said, That Joshua Carter, Ebenezer Stocker, Nathan 
Hoyt, Michael Hodge, Israel Young, John Greenleaf and 
Theophilus Bradbury, esqr., or the greater part of them, 
shall be a Committee, with full power and authority to 
estimate the cost of the said new house, & of the lot of 
land it stands upon ; and to apportion the same upon all 
the pews therein, (excepting such as may be reserved for 
the use of the Ministers,) according to their relative situ- 
ations, which apportionment shall be considered as their 
prime cost, and the same apportionment under the hands 
of them, or the major part of them, shall be tiled in the 
Office of the said Clerk, and by him recorded, and shall 



Acts, 1800. — Chapter 63. 77 

be the rule by which all taxes hereafter to be raised on 
the said pews shall be assessed, until a new valuation of 
the said pews shall be made in due form of law 

Sec. 3. Be it further enacted by the authority afore- 
said, That Joshua Carter, Ebenezer Stocker & Nathan Pews to be bom. 
Hoyt, or the major part of them, shall be a Committee 
with full power to sell the said pews at public auction to 
the highest bidder, they conforming to such regulations, 
limitations & conditions as have been or may be prescribed 
by the said proprietors ; and upon such sale to execute 
and acknowledge deeds thereof to the purchasers, to hold 
in fee simple ; which deeds, so executed and entered of 
record, by the Clerk of the said proprietors, for the fees 
established by law for recording deeds of pews, shall con- 
vey a legal title to the said pews in fee simple as afore- 
said, any law to the contrary notwithstanding : Provided 
however, That any vacancy in either of the said Commit- 
tees, may be filled up by the said proprietors at any legal 
meeting. 

Sec. 4. And be it further enacted by the authority 
aforesaid, That the votes of the said proprietors, passed at votes con- 
the said meeting, providing for the distribution of the nett 
sales of the said old house and land, be, and the same are 
hereby confirmed, and that such distribution be made in 
the same manner to the same proprietors, in the same pro- 
portions, and upon such terms, conditions & limitations, 
as are therein expressed : Provided however, if the pro- Proviso, 
prietors of the said New Meeting house should stand in need 
of any further sums of money for the building & finishing 
of the said new house, and for the purchase of the land on 
which it stands, the same may be raised by a tax or taxes 
on the pews therein, the same to be assessed and collected 
according to Law. Approved March 6, 1801. 

1800. — Chapter 63. 

[January Session, ch. 33.] 

AN ACT TO INCORPORATE WILLIAM BOND AND OTHERS, PRO- 
PRIETORS IN COMMON OF A CERTAIN MINE IN JODIN HILL, 
SO CALLED, SITUATE IN THE TOWN OF NEWFIELD, IN THE 
COUNTY OF YORK, FOR THE PURPOSE OF EXPLORING & 
WORKING SAID MINE, & OTHER PURPOSES THEREIN MEN- 
TIONED. 

Sec. 1. Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, & by the author- 



78 



Acts, 1800. — Chapter 63. 



Persons incor- 
porated. 



Corporate 
name. 



Empowered to 
explore mines, 
purchase lands, 
&c. 



Number of 
shares. 



Certificates to 
be issued. 



Clerk & Treas- 
urer to be 
chosen. 



it// of the same, That William Bond, Foster Waterman, 
John Minott, James Loring, John West and William 
Manning, all of Boston, in the County of Suffolk, with 
all such other persons as they may hereafter judge proper 
to admit, be, & they are hereby made and constituted, to 
all legal purposes, a Body Politic and Corporate, by the 
name of The Ossapee Mining Company, thereby to sue & 
be sued, and with liberty to have and use a common Seal, 
and the same to break & alter at pleasure. 

Sec. 2. Be it further enacted, That the said Corpora- 
tion shall have power, in their corporate capacity, afore- 
said, to explore, dig, work, refine or prepare for market, 
any ores, minerals, metals or fossils contained in said hill, 
or any where within the town of Newfield, or in the next 
adjoining towns, connected with those of the hill aforesaid, 
first purchasing the fee of the land, or agreeing with the 
owners thereof for the use of the same to their full satis- 
faction, & to be lawfully seized of lands supposed to con- 
tain mines, and of such lands as may be necessary for the 
erection of buildings and works requisite for realizing the 
products of said Mines, estimating the soil and situation 
of said lands, to the value of Fifty thousand Dollars, & 
of any chattel or personal interest to the value of Thirty 
thousand Dollars, actually employed in the business of 
mining. 

Sec. 3. Be it further enacted, That the property of said 
Corporation shall be, and hereby is divided into one hun- 
dred shares, which shares shall be deemed personal estate, 
to be numbered progressively, beginning at Number One, 
& every original member shall have a Certificate, under 
the seal of said Corporation and signed by the Treasurer, 
certifying his property in such share as shall be expressed 
in said Certificate. 

Sec. 4. Be it further enacted, That said Corporation 
shall have power, from time to time, at tmy legal meeting, 
to choose a Clerk, who shall be sworn to the faithful per- 
formance of his duty, a Treasurer, and such other Officers 
as to said Corporation shall appear necessary, and to make 
all reasonable rules and regulations, not repugnant to the 
Constitution and Laws of this Commonwealth ; Provided 
the proprietors of sixty-seven shares assent thereto : And 
the said William Bond is hereby authorized to call the first 
meeting of said Corporation, at which meeting said Corpo- 
ration may agree on the mode of calling meetings in future. 



Acts, 1800. — Chapter 63. 79 

Sec. 5. Be it further enacted, That said shares shall '^ r n e 8 a ferof 
be transferable by deed, under hand & seal of the Pro- 
prietor, acknowledged before some Justice of the Peace, 
and recorded by the Clerk, in a book kept for that pur- 
pose, and in no other manner, except as herein after pro- 
vided ; and the exhibit of such deed, so recorded, and the 
delivery of said Certificate to the Treasurer, shall entitle 
the purchaser to a new Certificate, mutatis mutandis. 

Sec. 6. Be it farther enacted, That said shares shall ^ l a ta e c 8 hment of 
be liable to attachment on mesne process, or to be levied 
on by execution at the suit of any creditor of an individual 
proprietor, the Officer having attachment or levy to make, 
leaving with the Treasurer, or at his usual place of abode, 
special notice thereof in writing ; and said Officer's deed 
to a purchaser at public sale on execution, executed, ac- 
knowledged and recorded as aforesaid, shall, when pro- 
duced to the Treasurer, entitle the purchaser to a new 
certificate, executed as aforesaid. 

Sec. 7. Be it further enacted, That when the executor Administrate™ 

i . . . . . /. i -. ., c, , entitled to new 

or administrator of a deceased proprietor of any share or certificates. 
shares, shall deliver to the Treasurer the certificate or cer- 
tificates executed to said Proprietor deceased, said execu- 
tor or administrator shall be entitled to receive a new 
certificate of said share or shares executed to him in his 
said capacity, who shall hold, sell or dispose of the same 
as of any other personal estate of the deceased, and his 
deed or deeds, executed, acknowledged, recorded and pro- 
duced as aforesaid, and the delivery of said Certificate, or 
Certificates to the Treasurer, shall entitle the purchaser 
his heir or legatee to a new Certificate or certificates, 
executed as aforesaid. 

Sec. 8. Be it further enacted, That the Treasurer shall SSgftfg 
constantly keep a schedule of the Proprietors' names, and free for inspec- 
their number of shares in said Corporation, constantly open 
for inspection, on demand of any person & payment of ten 
cents for each inspection : And whenever any Officer shall 
have process or execution against said Corporation, and 
cannot find sufficient property of said Corporation to at- 
tach, or whereon to levy, then the property of any mem- 
ber or members of said Corporation, shall be liable in the 
same manner as if the process had been instituted, or judg- 
ment rendered against him or them. 

Sec. 9. And be it further enacted, That the time & f a {f ° f d ^r t ued 
place of all public sales of any share or shares, shall be 



80 



Acts, 1800. — Chapter 64. 



made known at least twenty days before such sale, by 
publishing the same in some News paper in the County 
of York, if any there be, and in the paper published by 
the Printer to the General Court for the time being. 

Approved March 6, 1801. 



Punishment for 
counterfeiting 
bills, or assist- 
ing therein. 



Punishment for 
making or 
mending the 
apparatus, &c. 



1800, — Chapter 64. 

[January Session, ch. 27.] 

AN ACT MORE EFFECTUALLY TO PREVENT THE FORGERIES 
OF BANK BILLS. 

Sect. 1. Be it enacted, by the Senate and House of 
Representatives, in General Court assembled, and by the 
Authority of the same, That if any person shall falsely 
make, alter, forge or counterfeit ; or cause or procure to 
be made, altered, forged or Counterfeited ; or willingly 
aid or assist in falsely making, altering, forging, or Coun- 
terfeiting, any bill or note to the similitude of any bill or 
note issued by order of the president, directors, and com- 
pany of any bank or banking incorporation, which now is, 
or hereafter may be established by and under the Author- 
ity of this Commonwealth, or of any one of the United 
States, and signed by the President and countersigned by 
the Cashier thereof, with intention to defraud the said 
Banks, or any other body politic or person ; — or shall 
utter or publish as true, any false, altered, forged, or 
counterfeited bill or note, issued, signed, and counter- 
signed as aforesaid, with an intention to defraud any of 
the said Banks, or any other body politic or person, know- 
ing the same to be falsely altered, forged or counterfeited, 
every such person, being thereof convicted before the 
Supreme Judicial Court, shall be sentenced to be impris- 
oned and kept to hard labour, for a term not less than 
three years nor more than ten years ; or shall be impris- 
oned not exceeding ten years, and fined not exceeding five 
Thousand dollars, at the discretion of said Court. 

Sect. 2. Be it further enacted, That if any person shall 
knowingly make or mend, or begin to make or mend, any 
paper, plates, rolling-press, or any tool whatsoever, used, 
adapted or designed, for the making, altering, forging or 
counterfeiting any of the Bills or notes aforesaid, with an 
intent to use, or with an intent or expectation that the same 
should be used and employed in making, altering, forging 
or counterfeiting any of the Bills or Notes aforesaid ; 



Acts, 1800. — Chapter 65. 81 

every such person, being thereof convicted before the said 
Supreme Judicial Court, shall suffer the same punishment 
as is provided in the first Section of this Act, for making, 
altering, forging or counterfeiting any of the bills or notes 
aforesaid. 

Sect. 3. Be it further enacted, That if any person shall KS"' for 
have in his possession, any plate, engine, press, stamp, or po "rig,° a w j th 
any tool or material whatever, used, adapted or designed intent to nee in 

/. , I i • i, . /. , p ., • ° - counterfeiting, 

tor the making, altering, forging or counterfeiting any of &o. 
the bills or notes aforesaid, with an intent to use and em- 
ploy the same, or that they should be used and employed 
in making, altering, forging or counterfeiting any of the 
Bills or Notes aforesaid ; every such person, being thereof 
convicted, before the said Supreme Judicial Court, shall 
suffer the same punishment, as is provided in the first 
Section of this Act for making, altering, forging or coun- 
terfeiting any of the Bills or Notes aforesaid. 

Sect. 4. Be it further enacted, That all laws heretofore Laws repealed, 
made and passed, for the punishment of such persons as 
shall make, alter, forge or counterfeit, any of the Bills or 
Notes aforesaid, or who shall utter or pass the same, shall 
be, and the same are here-by repealed, except so far as thej' 
respect any offence committed before the passing of this 
Act. Approved March 6, 1801. 

1800. — Chapter 65. 

[January Session, ch. 28.] 

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 AND OTHER PERSONS HERE- 
AFTER MENTIONED, AND FOR REPEALING THE LAWS HERE- 
TOFORE 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, untill the last day of June, in the year of our 
Lord One thousand eight hundred and two, any thing in 
any Act to the contrary notwithstanding. 

Approved March 6", 1801. 



82 



Acts, 1800. — Chapter 66. 



Assessors 
directed. 



The property 
which is to be 
valued. 



1800. — Chapter 66, 

[January Session, ch. 29.] 

AN ACT FOR ASCERTAINING THE RATEABLE ESTATE WITHIN 
THIS COMMONWEALTH. 

Sect. 1. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, and by the 
Authority of the same, That the assessors for each town, 
district and plantation in this Commonwealth, for the year 
One thousand Eight hundred and One, shall, on or before 
the first day of November next, take and lodge in the Sec- 
retary's Office, a true and perfect list, agreeably to the list 
hereunto annexed, of all Male polls, including Negroes & 
Mulattoes, of sixteen years old & upwards, whether at home 
or abroad, (distinguishing those of sixteen years old & 
upwards, to twenty-one years, from those that are twenty- 
one years old & upwards, also distinguishing such as are 
exempted from taxation,) and of all rateable estate, both 
real and personal, lying within, or adjacent to their respec- 
tive towns, districts or plantations, (not exempted by law 
from paying State taxes) expressing by whom Occupied 
or possessed, particularly distinguishing such adjacent 
estate, and particularly mentioning dwelling houses & 
shops, under the same roof or adjoining thereto, shops 
separate from them, distill-houses, sugar-houses, tan- 
houses, slaughter-houses, pot, and pearl-ash works, ware- 
houses, wharves, grist-mills, fulling-Mills, saw-Mills, 
iron-works, and furnaces, bake-houses, and all other 
buildings and edifices of the value of Twenty Dollars & 
upwards, and the number of tons of vessels, and small 
craft of every kind, upwards of five [s] tons burthen, com- 
puting the same according to the rules established by the 
Laws of the United States, whether at home or abroad : 
and the amount of each persons whole Stock in trade, in- 
cluding all Goods, wares, & merchandize, at home or 
abroad, paid for, or not paid for, also those in their hands 
by factorage, also government securities of all kinds, par- 
ticularly distinguishing securities of the United States, 
whether due for Loans, upon their late established funds, 
or otherwise, and all other monies at interest moie than 
any creditor pays interest for, also the whole amount of 
all monies on hand, including such as may be deposited 
in any Bank, or with any Agent, exclusive of such as may 



Acts, 1800. — Chapter 66. 83 

belong to any Stockholder, as such ; the amount of Stock 
held by the Stockholders in any Bank ; the number of 
ounces of plate of all kinds, number of shares in any toll- 
bridges or turn-pikes ; horses, neat cattle, and swine, of 
the respective ages, in the said list mentioned. And the 
said assessors, in taking the said valuation, shall distin- 
guish the different improvements of land, and return the 
list in the following manner, vizt. — The number of acres 
of pasture-land, with the number of Cows the same, with 
all the after- feed of the whole farm, will keep ; the number 
of barrels of Cyder that has been annually produced on 
an average, upon the whole farm, since the last valuation ; 
the number of Acres of tillage land, annually improved 
for that purpose ; bushels of grain and Corn of all sorts, 
the same will yearly produce ; the number of Acres of 
Salt marsh, with the tons of hay annually produced there- 
from ; the number of Acres of English, upland, & fresh- 
meadow mowing land, with the tons of hay of each sort, 
annually produced therefrom ; also all Cow rights, and all 
wood land of every kind, and lands belonging to any 
town, or other propriety, improved & unimproved ; also 
the number of acres of land improved for roads, and cov- 
ered with water, according to the best estimation of the 
assessors ; and all such lands, the owners, & occupiers 
of which, are holden to pay a quit-rent to Harvard-Col- 
lege, pursuant to the direction of the original donor or 
donors, that the same may be considered in the valuation 
which may be established in pursuance of this Act ; except- 
ing however, the Polls of the President Fellows, Pro- Exceptions, 
fessors, (including the Professor of Divinity) Tutors, 
Librarian, & Students, of Harvard, Williams, and Bowdoin 
Colleges, of settled Ministers, of grammar School masters, 
& Preceptors of the several incorporated Academies, with 
their estates, under their own actual occupation & im- 
provement, and also all the estates belonging to the said 
Harvard, Williams, and Bowdoin Colleges, and to the said 
Academies. — Provided always, That the several Articles Proviso. 
of the produce of the lands herein before enumerated, shall 
not be taken into consideration in forming a valuation 
for any other purpose, than for ascertaining the relative 
value of lands, in the various parts of this Commonwealth. 
And the said Assessors shall cause all the Columns of the 
several Articles contained in the several lists, to be care- 
fully cast up and footed ; and the lists of the Polls & 



84 



Acts, 1800. — Chapter 66. 



Assessors to 
take an oath. 



Compensation 
of Assessors. 



Penalty for 
misconduct of 
Assessors. 



Individuals to 
give accounts 
of their estates 
on oath. 



rateable estates to be taken as aforesaid, shall be taken as 
of the first day of May next. 

Sect. 2. Be it further enacted, That the said Assess- 
ors, before they enter on this work, shall take the fol- 
lowing Oath or affirmation, vizt. You, A. B. being 
chosen an Assessor for the year One thousand, eight hun- 
dred & one, Do swear or affirm, that you will faithfully & 
impartially, according to your best skill and judgment, do 
and perform the whole duty of an Assessor, as directed 
and enjoined by an Act of this Commonwealth, made in 
the present year, entitled, "An Act for ascertaining the 
rateable Estate within this Commonwealth," without favour 
or prejudice. So help you God. Which oath or affirma- 
tion may be administered by such Officers, as are now 
authorized by law to administer the usual oaths to town 
Officers. And every Assessor shall be allowed, by the 
town, district, or plantation, to which he belongs, the sum 
of One dollar, for every day he shall be necessarily em- 
ployed, in doing the duties enjoined by this Act. 

Sect. 3. And be it further enacted, That if any As- 
sessor of any town, district or plantation, within this 
Commonwealth, for the year aforesaid, shall refuse to 
take such Oath or affirmation, or having taken the same, 
shall neglect or refuse to do & perform the duties required 
by this Act, or shall Act any way deceitfully therein, he 
shall, for each of those offences, forfeit and pay a fine of 
fifty Dollars. And every person liable to be taxed, and 
not out of this Commonwealth, on and from the first day 
of May next, to the first day of September next, who shall 
refuse, or willfully neglect to give the Assessors, in writ- 
ing, & on Oath or affirmation, if required, (which Oath 
or affirmation the Assessors are hereby respectively em- 
powered to administer) a true account of all his or her 
rateable estate, according to the true intent and meaning 
of this Act, shall be doomed by the said Assessors, ac- 
cording to their best skill & judgment, to the full amount 
of his or her rateable estate, and shall likewise be sub- 
jected to pay a fine of Six Per Centum on the whole 
amount of the sums in which they shall have been thus 
doomed by said Assessors. And the Oath last-mentioned, 
shall be of the following form, vizt. You C. D. do swear 
or affirm that all your rateable estate, conformable to this 
list here shewn by you, doth not exceed this account, by 
you now exhibited, according to the best of your knowl- 
edge and judgment. So help you God. 



Acts, 1800. — Chapter 66. 85 

Sect. 4. Provided nevertheless, and be it further En- 
acted, That every person conscientiously scrupulous of beaooeptedta 
taking an Oath in the form required by law, who shall be certain cases, 
required to take either of the Oaths aforesaid, shall be ex- 
cused therefrom, upon solemnly & sincerely affirming the 
truth of the declarations, therein contained, under the 
pains and penalties of perjury. 

Sect. 5. And be it further enacted, That the Treas- Treasurer 
urer of this Commonwealth shall forthwith transmit to 
the Sheriffs of the several Counties a suitable number of 
Copies of this Act, & of blank lists of the form prescribed 
in this Act, sufficient for the use of the Assessors of the 
several towns, districts & plantations in their several 
Counties, who are hereby enjoined & required, immedi- 
ately on receipt thereof, to cause the same to be delivered 
to the Clerks of the several towns, districts, & plantations 
aforesaid. 

Sect. 6. And be it further enacted, That the Assess- Return to be 
ors of each town, district, & plantation in this Common- brforeNw. i, 
wealth, for the Year One thousand eight hundred & one, 1S00 ' 
shall, on or before the said first day of November next, 
transmit to the Secretary's Office, a true & attested Copy 
of the valuation, by which the Assessors of said towns, 
districts & plantations, made the State tax in their respec- 
tive towns, districts & plantations, for the Year One 
thousand eight hundred. And all fines & forfeitures, Recovery of 
arising by this Act, may be recovered in any Court of 
Record proper to try the same, by Action of debt, One 
moiety to him or them, who shall sue for the same, and 
the other moiety to the use of the Commonwealth. 

Sect. 7. And be it further enacted, That the following 
shall be the form of the list for the valuation, for the year 
One thousand eight hundred & One. 

A List of the Polls and Estates, real & personal, of the FomofVaiua- 
several Proprietors & Inhabitants of the Town of 

in the County of taken pursuant to an 

Act of the General Court of this Commonwealth, passed 
in the Year of Our LORD, One thousand eight hundred 
& one, entitled, "An Act for ascertaining the rateable 
property within this Commonwealth," by the Subscribers, 
Assessors of the said duly elected and sworn. 

Number of Polls rateable, sixteen years old & upwards 
to twenty one years. 

Number of Polls rateable, twenty one years old and 
upwards. 



86 Acts, 1800. — Chapter 66. 

Number of Male Polls not rateable, not supported by 
the town. 

Number of Male Polls not rateable, supported by the 
town. 

Number of Dwelling Houses. 

Number of Shops within, or adjoining to Dwelling 
Houses. 

Number of other Shops. 

Number of Distill-houses. 

Number of Sugar-houses. 

Number of Tan-houses. 

Number of Slaughter houses & other working houses. 

Number of Pot & Pearl Ash works. 

Number of Ware houses. 

Number of Kopewalks. 

Number of Grist mills. 

Number of Fulling Mills. 

Number of Saw Mills. 

Number of Slitting Mills. 

Number of other Mills. 

Number of Iron Works & Furnaces. 

Number of Bake houses. 

Number of Barns. 

Number of all other buildings & edifices of the value 
of Twenty Dollars and upwards. 

Number of Superficial feet of Wharf. 

Number of Tons of Vessels & small craft of five Tons 
burthen, & upwards, at home or abroad, computing the 
same, according to the rules established by the Laws of 
the United States. 

The Amount of every person's whole stock in Trade, 
goods, wares, and Merchandize, at home or abroad, paid 
for or not paid for. 

The annual Amount of Commissions, arising from 
Factorage. 

The Amount of securities of the United States, of this 
State, or any of the United States, and at what[e] rate of 
Interest. 

The Amount of Money on hand, including such as may 
be deposited in any Bank, or with any Agent, and ex- 
clusive of such as may belong to any Stockholders as 
such. 

The Amount of Stock, held by the Stockholders in any 
Bank. 



Acts, 1800. — Chapter 66. 87 

Number of Ounces of Plate. 

Number of Shares in any Toll Bridges or Turnpikes, 
and the value of such Shares with the annual income 
thereof. 

Number of acres Tillage land, including Orchards 
tilled. 

Number of bushels of Wheat. 

Number of bushels of Rye. 

Number of bushels of Oats. 

Number of bushels of Indian Corn. 

Number of bushels of Barley. 

Numbe [r] of bushels of Peas & Beans raised on the said 
tillage land per year. 

Number of Pounds of Hops. 

Number of Acres of English & upland mowing, in- 
cluding Orcharding mowed. 

Number of Tons of Hay, the yearly produce of the 
same. 

Number of Acres of fresh meadow. 

Number of Tons of Hay the yearly produce of the 
same. 

Number of Acres of Salt Marsh. 

Number of Tons of Hay, the yearly produce of the 
same. 

Number of Acres of Pasturage including the Orcharding 
pastured. 

Number of Cows the same will keep, with the after 
feed of the whole farm. 

Number of barrels of Cyder, which can be made yearly 
upon the whole farm. 

Number of Cow Rights. 

Number of acres Woodland, exclus[zu]e of Pasture land 
inclosed. 

Number of Acres of unimproved Land. 

Number of Acres of Land unimprovable. 

Number of Acres of Land owned by the Town. 

Number of Acres owned by any other Proprietors. 

Number of Acres of land used for roads. 

Number of Acres of land covered with Water. 

Number of Horses three years old and upwards. 

Number of Oxen four years old and upwards. 

Number of Steers & Cows three years old and upwards. 

Number of Swine six months old & upwards. 

Amount of Estates doomed. Approved March 6, 1801. 



88 Acts, 1800. — Chapter 67. 

1800. — Chapter 67. 

[January Session, ch. 30.] 

AN ACT FOR PROVIDING A PASSAGE FOR FISH FROM MYSTICK 
RIVER TO ELL POND, SO CALLED, IN THE TOWN OF MALDEN. 

Preamble. Whereas sundry inhabitants of the town of Maiden, 

and Samuel Tvfts, have made an agreement respecting the 
passage of fish in the waters leading from My stick river, 
to Ell pond in said town. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, <& by the 

Persons author- authority of the same , That it shall, and may be lawful for 

ized to construct ^ ,, o i ±l u • j • i_ i_m. j. i? 

a passage-way Cotton Sprague and others, being sundry inhabitants ot 
the westerly part of Maiden, who have petitioned this Court 
to adopt some measures for securing a passage for Shad and 
Alewives from Mystick river to Ell pond, so called, in said 
Maiden, at their own expence, to construct a passage way 
for said fish, over the mill dam of Samuel Tufts which 
stands on the stream leading from said pond, and for that 
purpose to cut away so much of the waste board between 
the two eastermost posts of said Dam, as to reduce the 
same four inches below his right to flow, so as to admit 
of said passage way to pass over said Dam in that place, 
and so up said stream, which said passage way shall be 
built, and kept in repair for the term of five years from 
the passage of this Act, from the tenth day of April to 
the twentieth day of May inclusive, in each year, at the 
expence of said petitioners, unless at any time said pas- 
sage way should be wantonly or maliciously injured or 
destroyed, in which case it shall be the duty of the inhabi- 
tants of said town of Maiden , to repair the same ; & if the 
inhabitants of said town shall neglect or refuse to repair 
the same accordingly, within seven days after the same 
shall have been injured as aforesaid, it shall be lawful for 
any one or more of said petitioners forthwith to repair the 
same, and to recover of said inhabitants double the expence 
of such repairing, with costs of suit, by an action on the 
case, in any Court proper to try the same. 
kcShiT U d"min Sec. 2. Be it further enacted, That it shall be the 
repair. duty of the said Samuel Tufts, during the said term of 

five years, to keep his said Dam in as good repair as it 
now is ; & if at any time the same shall be out of repair, 
and he shall not repair the same in a reasonable time, that 



Acts, 1800. — Chapter 67. 89 

it shall and may be lawful for any one or more of the 
petitioners to repair the same, and to recover of said 
Samuel Tufts, double the amount of the expence thereof 
with costs of suit, by an action of the case, in any Court 
proper to try the same ; and also that the said Samuel 
Tufts shall not improve any Mill, from the fifteenth day 
of April to the fifteenth day of May annually, except his 
Mills for Grain. 

Sec. 3d. Be it further enacted, That it shall be law- committee to 

. -»«-ii i • t i- .be chosen 

ful for said town of Maiden, at their annual meeting in annually. 
March or April annually, during said term, to choose a 
Committee of three, five or seven freeholders of said town, 
whose duty it shall be, and they, or the major part of 
them, are hereby authorized and impowered to keep the 
stream aforesaid free and clear of all obstructions to the 
passage of said Fish through the whole course of said 
stream from Mystick river to Ell pond ; provided that 
nothing herein contained shall give said Committee any 
right to destroy or impair said Mill Dam : Provided also 
that nothing in this Act contained, shall be so construed, 
as in any manner to affect any interest in said stream, 
or the priviledges or appurtenances thereto belonging, 
claimed by said town or said Samuel Tufts. 

Sec. 4. Be it further enacted, That during the said S. Dgregu - 
terrn of five years, it shall not be lawful for any person to 
take any Shad or Alewives in said stream, oftener or more 
than two days in each week viz — from sunrise on Mon- 
day morning to sunrise on Tuesday morning ; and from 
sunrise on Friday morning to sunrise on Saturday morn- 
ing in each week. And if any person shall offend against 
this prohibition, he shall forfeit and pay the sum of ten 
Cents for each fish which he may so take, to be recovered 
with costs of suit, by any one or more of said Committee 
who may first sue for the same, by action of debt, in any 
Court proper to try the same ; one half of which forfeiture 
shall enure to the use of said town, and the other half to 
him or them who may sue therefor. 

Sec. 5th. And be it further enacted, That this Act Duration of act. 
shall continue and be in force, for and during the term of 
five years next after the passing the same, and no longer, 
except as to any prosecutions for any penalties or actions 
for recovery of any expences which may then be depend- 
ing according to the provisions thereof. 

Approved March 7, 1801. 



90 Acts, 1800. — Chapters 68, 69. 

1800. — Chapter 68. 

[January Session, ch. 31.] 

AN ACT IN ADDITION TO AN ACT, INTITLED, "AN ACT TO REGU- 
LATE THE ALE WIFE FISHERY IN THE TOWN OF BRIDG- 
WATER, IN THE COUNTY OF PLYMOUTH, AND FOR REPEALING 
ALL LAWS HERETOFORE MADE FOR THAT PURPOSE : " PASSED 
IN THE YEAR OF OUR LORD ONE THOUSAND, SEVEN HUNDRED 
AND NINETY SEVEN. 

Whereas it is represented to this Court, that by reason 
of the broken state of the Dam, at a place called the Great 
River Mills, in Bridgwater, it is impracticable to take 
fish at said Place: Therefore, 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the Authority 
of the same, That it shall, and may be lawfull for the Town 
of Bridgwater, the present Year only, to take said fish 
at such times, and places as were provided by an Act, 
intitled, "an Act for regulating the Alewife fishery in 
the Town of Bridgwater, in the County of Plymouth, 
and for repealing all Laws heretofore made for that pur- 
pose," passed the ninth day of March, in the Year of our 
Lord one thousand seven hundred and Ninety-one, the 
law to which this is an addition to the contrary notwith- 
standing : Provided, said Town shall, at their annual 
meeting in March instant, vote the same, which the town 
are hereby authorized to do at said meeting : — Any Law 
to the contrary notwithstanding. 

Approved March 7, 1801. 

1800. — Chapter 69. 

[January Session, ch. 32.] 

AN ACT TO CHANGE THE NAMES OF BILLY HAGER, SILVANUS 
COLEMAN, THE THIRD, ALEXANDER McLEOD CLARK, JOHN 
TYLER, RODOLPHUS STRATTON, JAMES ALLEN AND JOHN 
PARKMAN. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the Authority 
Persons whose f the same, That from and after the passing of this Act 
altered" 6 Billy Hager of Marlborough, in the County of Middle- 
sex, son of William Hager, of said Marlborough, shall be 
allowed to take the name of William Hager ; that Silvanus 
Coleman, the third, of that name, of Nantucket, in the 
County of Nantucket, son of Jonathan Coleman, of said 



Acts, 1800. — Chapter 70. 91 

Nantucket, shall be allowed to take the name of Davis 
Coleman; that Alexander McLeod Clark, of Medfield, in 
the County of Norfolk, son of Elias Clark of said Medfield, 
shall be allowed to take the name of Alexander Clark ; 
that John Tyler, of Boston in the County of Suffolk, son 
of John Tyler late of Mendon, in the County of Worces- 
ter, deceased, shall be allowed to take the name of John 
Eugene Tyler; that Rodolphus Stratton, of Northfield, 
in the County of Hampshire, shall be allowed to take the 
name of Adolphus Smith ; that James Allen, of Boston, 
in the County of Suffolk, son of Thomas Allen, of Pasque- 
tank County, in the State of North Carolina, shall be 
allowed to take the name of James Armour Allen ; and 
that John Parkman, of said Boston, son of William Park- 
man, of Concord, in the County of Middlesex, shall be 
allowed to take the name of John Augustus Parkman ; 
And said Persons shall, in future, be respectively known 
and called by the names, which they are respectively 
allowed to take as aforesaid, and the same shall be con- 
sidered as their only proper names to all intents and 
purposes. Approved March 7, 1801. 

1800. - Chapter 70. 

[January Session, ch. 34.] 

AN ACT PROVIDING FOR THE CESSION OF A TRACT OF LAND 
ON CAPE P0GE IN THE COUNTY OF DUKE'S COUNTY. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the Authority 
of the same, — That there be, and hereby is granted to the Land ceded to 
United States of America a tract of Land not exceeding states 01 e 
four Acres, situated at that part of Martha's Vineyard 
called Cape Poge, for the purpose of erecting a Light 
House on the same ; which quantity of Land shall be laid 
out by the United States at the time of erecting said Light 
House, and a description thereof in writing entered in the 
Registry of Deeds in the County of Dukes County. 

Provided however, and be it further enacted, That the concurrent 
Cession and Grant aforesaid, is upon this express condi- retained! 011 
tion, that this Commonwealth shall retain a concurrent 
jurisdiction with the United States in and over the Land 
aforesaid, so far as that all civil processes, and such Crim- 
inal processes as may issue under the authority of this 
Commonwealth, against any person or persons charged 



92 



Acts, 1800. — Chapter 71. 



with Crimes committed without the Land aforesaid, may 
be executed therein, in the same way and manner as 
though this Cession had not been made & granted. 

Approved March 7, 1801. 



Sittings altered 
in certain 



1800. — Chapter 71. 

[January Session, ch. 35.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT MAK- 
ING FURTHER PROVISION IN THE JUDICIAL DEPARTMENT." 

Sec. 1. Be it enacted by the Senate and House of 

Representatives, in General Court assembled, and by the 

Two justices to authority of the same, That any two Justices of the Su- 

form <i Quorum • 

in certain cases, preme Judicial Court shall constitute a quorum for hold- 
ing said Court, and for discharging the duties thereof, in 
like manner and to the same purposes as three or more 
Justices now do by virtue of said act, whenever it may 
happen that any one of the said Justices, required to make 
a quorum on either of the circuits of said Court, may be 
unable to sit in particular cases, by reason of sickness, by 
accident, by being interested, or that he is related to, or 
has been of Counsel for either of the parties. 

Sec. 2. Be it further enacted, That instead of the said 
Court being holden at Northampton on the third Tuesday 
of September, it shall be holden at Northampton, within 
and for the County of Hampshire, on the second Tuesday 
of September ; and the said Court, now by law to be holden 
at Worcester on the first Tuesday of September, shall be 
holden at Worcester, within and for the County of Worces- 
ter, on the fourth Tuesday of September ; and that instead 
of the times at which the said Court is now by law to be 
holden in the Counties of Plymouth and Berkshire, it shall 
be holden at Plymouth, within and for the County of 
Plymouth, on the fourth Tuesday of June ; and at Lenox, 
within and for the County of Berkshire, on the first Tues- 
day of September, and on the third Tuesday after the 
fourth Tuesday of April. 

Sec. 3. Be it further enacted, That all writs, recogni- 
zances, warrants, complaints, appeals, and every other 
matter and thing, which, before the passing of this Act, 
might or should be returned to, or entered at the Court 
aforesaid, at the times appointed for holding the same, by 
the Act to which this is an addition, and which are hereby 
altered ; and all parties & persons, that have been, or may 



Provision re- 
specting busi 
ness com- 
menced. 



Acts, 1800. — Chapter 72. 93 

be required or directed to appear and attend at the afore- 
said times ; and all actions, suits & matters, that may be 
pending in the said Court, at the times aforesaid, shall be 
returned to, entered at, appear, attend, have day, and 
be tried & determined in the said Court, at the times & 
places appointed by this Act for holding the same, accord- 
ing to the true intent & meaning thereof. 

Sec. 4. And be it farther enacted, That all actions New. irrange- 
and suits which were commenced in the Counties of Han- a cti I ons! s &c! !t,ng 
cock & Washington, and which, prior to the passing of the na^cockTnd 11 
said Act, were pending in the said Court then next to be Washington 

. , fJ- & r^ . . T . counties. 

holden in the County of Lincoln, for the Counties ot Lin- 
coln, Hancock, and Washington ; and all indictments & 
criminal prosecutions of any kind, for offences committed 
within the respective Counties of Hancock and Washing- 
ton, and pending as aforesaid, together with all recogni- 
zances, scire facias, and suits wherein the Commonwealth 
is a party, & wherein the adverse party resides within 
either of the Counties of Hancock or Washington, which 
were pending as aforesaid, shall be transfered and re- 
moved to, be heard, tried, have day, entered and pro- 
ceeded upon in the said Supreme Judicial Court which 
shall be holden at Castine, within the County of Hancock, 
for the Counties of Hancock and Washington, on the tenth 
Tuesday next after the third Tuesday of April next ; and 
all papers, depositions and documents belonging to all 
such actions, suits, indictments, scire facias, prosecutions 
and recognizances, that were filed in the Clerk's office of 
said Court, within the County of Lincoln, shall be deliv- 
ered over to the Clerk of said Court that shall be appointed 
for the Counties of Hancock & Washington. 

Approved March 7, 1801. 

1800. —Chapter 72. 

[January Session, ch. 36.] 

AN ACT DETERMINING THE TIMES AND PLACES OF HOLDING 
THE SEVERAL COURTS OF GENERAL SESSIONS OF THE PEACE, 
AND THE COURTS OF COMMON PLEAS IN THE COUNTIES OF 
HAMPSHIRE, AND BERKSHIRE; AND ONE TERM OF SAID 
COURTS IN THE COUNTY OF WORCESTER. 

Sec. 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 first day sittings of in- 
of July next, the times for holding the Courts of General Hampshire, 



94 



Acts, 1800. — Chapter 73. 



altered. 



woret'ter" 1111 Sessions of the Peace and Courts of Common Pleas within 
counties, and for the Counties of Hampshire and Berkshire, respec- 

tively, shall annually be as follows; viz. Within and 
for the County of Hampshire, at Northampton, on the 
first Monday in November, and February, & on the fourth 
Monday of May, and August ; within and for the County 
of Berkshire, at Lenox, on the second Monday in January, 
April and October, and on the first Monday of July ; at 
Worcester, within and for the County of Worcester, on 
the Monday preceding the first Tuesday of September, 
instead of the Monday preceding the second Tuesday of 
August, annually. 

Sec. 2. And be it further enacted, That from, and 
after the first day of July next, all the Laws heretofore 
enacted, and now in force, determining the times for hold- 
ing the several Courts aforesaid, within and for either of 
the Counties of Hampshire, and Berkshire aforesaid, so 
far as respects the times for holding the said Courts, be, 
and the same hereby are repealed. 

Approved March 7, 1801. 



Preamble. 



Fish Committee 
to be annually 
chosen. 



1800. — Chapter 73. 

[January Session, ch. 37.] 

AN ACT FOR REGULATING THE TAKING AND DISPOSING OF 
THE FISH CALLED ALEWIVES WITHIN THE LIMITS OF THE 
TOWN OF WEYMOUTH, AND FOR THE MORE EFFECTUALLY 
SECURING TO THE SAID TOWN THE ADVANTAGES THEREOF. 

Whereas the Toivn of Weymouth in the County of 
Norfolk at a very considerable expence, purchased and 
opened a passage for the fish called Alewives into White- 
man's Pond and the great Pond so called, being vjholly 
within said Town, and conveyed into them a Number of 
said Fish, whereby a great increase has arisen; it is 
therefore but just and reasonable, that the benefits arising 
from the taking and disposing of the said Fish should be 
wholly vested in the said Town — Wherefore — 

Sect. 1. Be it enacted by the Senate & House of 
Representatives in General Court assembled and by the 
Authority of the same, that the taking and disposing of 
the said fish called Alewives shall be under the care and 
management of a Committee of the said Town, who shall 
dispose of them in such manner, for the benefit of the said 
Town as they shall judge best, and 1 account with the 



Acts, 1800. — Chapter 73. 95 

Treasurer of said Town for the proceeds thereof on or 
before the first day of November annually, and the money 
arising therefrom shall be appropriated to the Use of 
Schooling in the said Town — And the said Committee 
shall have a reasonable allowance for their Service and 
lay their accounts before the Selectmen of the said Town 
for allowance and approbation — And the said Com- 
mittee shall consist of Five Freeholders, chosen by 
Ballot in the months of March or April annually, who 
shall be sworn to the faith full discharge of their duty ; 
and if any person chosen to serve on the said Committee, 
shall refuse to serve, or if chosen shall neglect to take 
said Oath for the space of seven days after being legally 
notified of such choice, he shall forfeit and pay to the use 
of the said Town the sum of ten dollars. 

Sect. 2. Be it further enacted, that the said Com- committee to 
mittee or either of them shall have full power and uons, &c. 
Authority to remove from or out of the River, Brooks 
or Streams leading to the said Ponds, any obstructions 
that may be made to the free passing of the said fish into 
the said Ponds or repassing from them into the Sea ; And 
the said Comittees going, or either of them, on to the 
land of any Person or Persons for this purpose, shall not 
be deemed or held as a Trespass — And the said Com- 
mittee or the major part of them shall determine the 
particular places where the said fish shall be taken, and 
give public notice thereof by posting up one or more 
Notifications, in some conspicuous place or places in the 
said Town on or before the first day of May annually. 
Provided however, That the said fish shall not be taken on 
any other days than Mondays, Wendesdays & fridays 
between the rising and sitting of the Sun on the said 
days, nor by any other instrument or ways than by a 
Scoop or Dipnet. 

Sect. 3. Be it further enacted, that no person shall token n without 
catch or take any of the said fish in any of the Rivers, ^^^ the 
brooks or Streams leading to or from the said Ponds 
without the direction or leave of the said Committee, or 
the major part of them and whoever shall presume at any 
time hereafter, to take, kill or haul ashore any of the 
said fish with Seines or dragnets in either of the ponds 
aforementioned, or in Weymouth back River so called, 
or in the River, Brooks or Streams through which the 
said fish pass into the sd. Ponds, or shall with any Seines 



90 



Acts, 1800. — Chapter 74. 



Town Treas- 
urer to prose- 
cute for 
breaches of 
this act. 



Former law re- 
pealed. 



or Drag nets or in any other way obstruct the passage of 
the said fish to or from the said ponds, or either of them, 
or shall Obstruct the said Committee or either of them 
in the Execution of their duty, in all and every of these 
Cases, the offender shall for each offence forfeit and pay a 
sum not exceeding thirteen dollars nor less than ten 
dollars and in case the offence be committed in the night 
a sum not exceeding thirty dollars nor less than twenty 
dollars. 

Sect. 4. Be it further enacted, That it shall be the 
duty of the said Committee to give notice to the Treasurer 
of the said Town of Weymouth of all offences committed 
against this Act that shall come to their knowledge, and 
the Treasurer thereof is hereby vested with full power 
and Authority to sue for & recover, from time to time, all 
tines and forfeitures encurred by any breach of this Act, 
in any Court proper to try the same, and such fines & 
forfeitures shall be to the use of the said Town, saving 
where any person shall give information of any breach of 
this Act, the informer upon conviction of the offender 
shall be intitled to one third part of the forfeiture. — And 
no person shall be considered as disqualified from being 
an evidence on any trial that may be had pursuant to this 
Act, on account of his being an Inhabitant of the said 
town of Weymouth, or of his being one of the Committee 
aforesaid. 

Sect. 5. And be it further enacted, that an Act passed 
in the year of Our Lord one thousand seven hundred & 
eighty eight entitled " An Act empowering the Town of 
Weymouth to regulate & order the taking & disposing 
of the fish called Shad & Alewives within the limits of 
that Town " be and the same is hereby repealed ; except 
for the purpose of recovering any fines or forfeitures that 
may have been incurred under the said Act. 

Approved March 7, 1801. 



1800. — Chapter 74. 

[January Session, ch. 38.] 

AN ACT IN ADDITION TO THE SEVERAL ACTS FOR REGULATING 

ELECTIONS. 

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



Acts, 1800. — Chapter 74. 97 

authority of the same, That it shall be the duty of the Assessors to 
Assessors of each Town and District within this Common- annual ust of 
wealth, on or before the first day of March annually, to qualified voter8 - 
make out and deliver to the Selectmen thereof, a correct 
and alphabetical list of all such inhabitants of their respec- 
tive Towns or Districts, as shall appear to them qualified 
by the Constitution of this Commonwealth, or of the 
United States respectively, to vote for Governor, Lieu- 
tenant Governor, Senators, Representatives in the General 
Court, or Representatives in Congress ; which list it 
shall be the duty of such Town or District at any time 
within ten days then next following, to revise and correct, 
as to them shall appear necessary, so that the same shall, 
in their opinion, be a complete list of such of the inhabi- 
tants within their respective Towns or Districts, as shall 
be constitutionally qualified to vote in the elections afore- 
said. And the Assessors of every plantation, are alike 
required to furnish themselves with like lists, on or 
before the tenth day of March annually ; and it shall be Lists to be 
the duty of the Selectmen of the several Towns and Dis- pu 
tricts, & the Assessors of Plantations aforesaid, respec- 
tively to publish the said list within their respective 
Towns, Districts or plantations, by causing true copies 
thereof to be posted up at two or more public places in 
such Towns, Districts or Plantations fourteen days at 
least before the first Monday in April annually ; and it 
shall also be the duty of the Selectmen of such Towns or 
Districts, and the Assessors of such Plantations, to be 
provided with, and have a complete list as aforesaid, at 
every meeting for the choice of Governor, Lieutena[n]t 
Governor, Senators, Representatives of the General 
Court, or Representatives of Congress, which lists shall 
at all times be so corrected, previous to the opening any 
such meeting, as to represent the qualified voters for the 
particular election then to be made ; and no such meeting 
shall be opened at an earlier hour than eleven of the selectmen to 
Clock in the forenoon of the day of election ; & it shall evidence of 
be the duty of such Selectmen or Assessors to be in i" alification - 
session at some convenient place, immediately preceeding 
such meeting, for so long time as they shall judge 
necessary to receive evidence of the qualifications of 
persons whose names have not been entered on the list 
published as aforesaid ; and of the time and place of such 



98 



Acts, 1800. — Chapter 74. 



Senators to be 
voted for on one 
list. 



Penalty for 
giving more 
than one vote. 



No person to 
vote till per- 
mitted by the 
Selectmen. 



Penalty for 
negligence of 
Selectmen. 



Recovery of 
fines. 



meeting, public notice shall be given at the time the 
lists are published, as aforesaid. 

Sec. 2. Be it further enacted, That whenever a meet- 
ing is holden in any town or place, for the purpose of 
choosing persons for Counsellors and Senators, the Select- 
men or Assessors, presiding at such meeting, be, & hereby 
are directed to call on the voters in such meeting, qualified 
for choosing such Officers, requiring each of them to give 
in their votes on one list for as many different persons as 
are then to be chosen to the same Office. 

Sec. 3. Be it further enacted, That if any person at 
any meeting for an election for any of the Officers afore- 
said, shall knowingly & designedly give in more than one 
vote or list, at any one time of balloting at any such elec- 
tion, he shall, in addition to the fine already provided by 
Law against any Elector giving more than one vote in 
any election, forfeit and pay a fine, not exceeding Thirty 
Dollars. 

Sec. 4. Be it further enacted, That no person shall be 
permitted to give in his vote at any meeting of a Town, 
District or Plantation, holden for an election to any of the 
Offices aforesaid, untill the Selectmen of such Town or 
District, or the Assessors of such Plantation, presiding at 
such election, shall have had opportunity to enquire his 
name, and found the same in the list aforesaid ; and any 
person wilfully voting, contrary to the provision of this 
Act, or who shall give any false answer to such Selectmen 
or Assessors, being duly thereof convicted, shall forfeit 
and pay a fine not exceeding Twenty Dollars for each & 
every offence, according to the nature & aggravation 
thereof. 

Sec. 5. Be it further enacted, That if any Selectman 
or Assessor of any Town or District, or the Assessors of 
any Plantation, shall knowingly & corruptly neglect, or 
refuse to comply with, or to perform the several duties 
respectively required of him or them, as pointed out, in 
and by this Act, he shall, for each and every such offence, 
forfeit & pay a fine not exceeding Fifty Dollars, accord- 
ing to the nature & aggravation thereof. 

Sec. 6. Be it further enacted, That all fines and for- 
feitures for any breach of this Act, may be recovered by 
indictment, before the Supreme Judicial Court, or by 
action of debt before any Court proper to hear & deter- 
mine the same ; one half to the use of this Commonwealth, 



Acts, 1800. — Chapter 75. 99 

and the other half to the use of any person who shall pros- 
ecute or sue for the same. 

Sec. 7. And be it further enacted that this Act shall 
be in force from and after the first day of July next. 

Approved March 7, 1801. 

1800. — Chapter 75. 

[January Session, ch. 39.] 

AN ACT RESPECTING BOATS & LIGHTERS EMPLOYED IN TRANS- 
PORTING STONES, GRAVEL OR SAND, WITHIN THIS COMMON- 
WEALTH. 

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 boat or lighter, em- Lighters to be 
ployed in transporting stones, gravel or sand, within this 
Commonwealth, shall be marked at light water mark, and 
at least at five other places, with the figures four, twelve, 
sixteen, twenty four and thirty, legibly made, on the 
Stem and Stern post thereof; which figures shall express, 
the weight, such boat or lighter is capable of carrying, 
when the lower part of the respective numbers shall touch 
the Water, in which the said Boat or Lighter shall float. 
And every person who shall use or employ any Boat or 
Lighter, for the purpose of transporting Stones, gravel or 
Sand, as aforesaid, which shall not be marked as in this 
Act is provided, shall forfeit & pay the sum of fifty Dol- 
lars, to be recovered by an Action of the Case in any 
Court proper to try the same, by any Person who will 
sue therefor. And any Person who shall put, or Cause Penalty for 
to be put, on any Boat or lighter as aforesaid, any false al8ely marking - 
marks as aforesaid, shall be subject to the like penalty to 
be recoverd in like manner. 

Sect. 2. And be it further enacted, That it shall be selectmen 
the duty of the Selectmen, in any Town where Boats & po^pereonTto 
lighters are owned, which may be employed in transport- maTk b0at8 etc - 
ing Stones, gravel or sand, as contemplated in this Act, 
to appoint, annually, in the months of April or May, 
some suitable Person, to ascertain the Capacities of all 
such Boats & Lighters, and mark the same, as is pre- 
scribed in this Act; who shall be under Oath, faithfully 
to perform the duty as herein prescribed. 

Approved March 7, 1801. 



100 



Acts, 1800. — Chapter 76. 



Bread to be sold 
by weight. 



"Weights and 
marks directed. 



Penalty for 
offering to sell 
bread not 
weighed and 
marked. 



Former laws 
repealed. 



1800. — Chapter 76. 

[January Session, ch. 40.] 

AN ACT FOR REGULATING THE MANUFACTURE, AND SALE OF 

BREAD. 

Sec. 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 first day 
of April next, all soft bread, whether baked in loaves or 
biscuit, which shall be exposed to sale by any baker, or 
other person, shall be sold by weight. 

Sec. 2. 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, and be marked 
with the initial of the bakers christian Name, and his sur- 
name at length, and the weight of the biscuit ; and all 
loaves of soft bread shall be of some one of the following 
weights ; vizt. one pound, two three, or four pounds, and 
be marked with the weight of the loaf and the maker's 
name; and if any baker, or other person, shall offer, or 
expose to sale, any soft Bread or Biscuit, which shall not 
severally be marked, and conform to one of the weights 
before mentioned, every such person, so offending, shall 
forfeit and pay the sum of eight Dollars, to be recovered 
by action of debt, before any Justice of the Peace within 
and 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 for the use 
of the person who prosecutes, and the other half to the 
use of the poor of the Town where such offence may be 
committed. 

Sec. 3. And be it further enacted, That all Laws 
heretofore made for regulating the assize of Bread, be, 
and hereby are repealed, from and after the first day of 
April next ; 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. Approved March 7, 1801. 



Acts, 1800. — Chaptek 77. 101 

1800. — Chapter 77.* 

[January Session.] 

AN ACT TO APPORTION AND ASSESS A TAX OF ONE HUNDRED 
& THIRTY THREE THOUSAND FOUR HUNDRED AND THIRTY 
FIVE DOLLARS AND THIRTEEN CENTS, AND PROVIDING FOR 
THE REIMBURSEMENT OF TWENTY THREE THOUSAND SEVEN 
HUNDRED AND SEVENTY SIX DOLLARS, PAID OUT OF THE 
PUBLIC TREASURY TO THE MEMBERS OF THE HOUSE OF REP- 
RESENTATIVES, FOR THEIR ATTENDANCE THE THREE LAST 
SESSIONS OF THE GENERAL COURT. 

Sec 1. Be it enacted by the Senate and House of liej)- 
resentatives, in General Court assembled, and by the au- 
thority of the same, That each Town, District, Plantation 
and other place herein after named, within this Common- 
wealth, shall be assessed, and pay the several sums with 
which they stand respectively charged in the following 
Schedule. Viz. 

* Not printed in session pamphlet. 



102 



Acts, 1800. — Chapter 77. 





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120 Acts, 1800. — Chapter 77. 

Section 2d. Be it further enacted that the Treasurer 
of this Commonwealth, do forthwith send his Warrants 
directed to the Selectmen or Assessors of each Town, 
District, Plantation or other place within this Common- 
wealth, the inhabitants whereof are taxed as aforesaid, 
requiring such Selectmen or Assessors respectively to 
assess in Dollars & Cents, the sum hereby set upon such 
Town, District, Plantation or other place in manner fol- 
lowing, that is to say — All the male polls above the age 
of sixteen years, within their respective Towns, Districts, 
Plantations, or other places adjoining them, belonging to 
no other Town, District or Plantation (provided such 
places were returned in the last Valuation,) all the polls 
aforesaid, being Minors, Apprentices or servants, under 
the government of a Master or Mistress, to be taxed to 
such Master or Mistress respectively, at twenty eight 
Cents each, and the remainder of such sum, so set to each 
Town, District, Plantation or other place respectively as 
aforesaid, (after deducting the sums assessed on the polls 
as aforesaid) to assess on the inhabitants of such Town, 
District Plantation, or other place as aforesaid, according 
to the just value of the real estate of each inhabitant of 
such Town, District, Plantation or other place respec- 
tively, by him, her or them possessed on the first day of 
May next, in his, her or their own right, or in the right 
of others, lying within the said Town, District, Plantation 
or other place improved or not improved (excepting Pews 
in houses of public worship) and on the nonresident 
Proprietors of real estate lying within such Town, Dis- 
trict, Plantation or other place, in their own right or in 
the right of others improved or not improved, saving all 
agreements between Landlords & Tenants, and where no 
agreement is, the Landlord to reimburse such Tenant one 
half of such tax ; and also on the inhabitants of such 
Town, District, plantation or other place, and all other 
persons possessing estates within the same, according to 
the 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, and bank stock, held in any Bank, & shares or 
property held in any incorporate Bridges or Turnpike 



Acts, 1800. -4 Chapter 77. 121 

roads, according to the just value thereof, and also the 
just amount of the value of all goods, wares & merchan- 
dize, 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, & swine of six months old & upwards, and all 
other property of the several kinds returned in the last 
valuation, (excepting sheep, household furniture, wearing 
apparrel, forming utensils, and tools of Mechanics) on the 
said first day of May. And the Assessors of the respec- 
tive 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 
Warrant shall likewise require the said Assessors respec- 
tively to make a fair list of such assessments, setting 
forth in distinct columns against each persons 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 proprietors of lands within their respective 
Towns, Districts, Plantations or other places, and also 
the real value at which they have estimated the same, and 
the list or lists so compleated 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, District, plantation or other place respec- 
tively with a Warrant or Warrants in due form of Law, 
for collecting and paying the same to the Treasurer of 
this Commonwealth, on or before the first day of April 
in the year of our Lord, One thousand eight hundred & 
two ; and also to return a Certificate of the name or 
names of such Collector or Collectors, Constable or Con- 
stables, with the sum total committed to them respectively 
to collect, to the said Treasurer some time before the first 
day of December next. 

Sec. 3. And whereas there are many persons within 



122 . Acts, 1800. — Chapter 77. 

this Commonwealth, who are engaged in trade, & who 
almost entirely negociate their business, and hire shops, 
stores & wharves in other towns than where they dwell 
or reside, and whose property and ability in this regard 
cannot be so well known to the assessors of the several 
Towns, Districts or Plantations wherein such persons 
dwell or reside, as to the Assessors of the several towns 
wherein their business is transacted as aforesaid ; 

Be it therefore enacted, that all such persons within the 
description aforesaid, shall be assessed by the Assessors 
thereof, and pay taxes for such of their goods, wares, and 
merchandize, or other stock in trade ships & vessels as 
are sold, used and 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 respec- 
tively, to the Assessors of their respective towns or places 
of residence, distinguishing what part thereof is rateable 
in other towns, and in default thereof shall be doomed by 
the Assessors of such towns or places where they respec- 
tively 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. 

Sec. 4. Provided nevertheless, & be 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 & Latin grammar School Masters are not to be 
assessed for their polls and estate under their own actual 
management or improvement lying in the Towns, Dis- 
tricts 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 and estates : & 
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 
abate any part of what they are set at as they on their 
oaths shall deem just and equitable. 



Acts, 1800. — Chapter 77. 123 

Sec. 5. Be it farther enacted, that the Justices ot 
the Peace, at their several Sessions in their respective 
Counties, when duly authorized for the assessment 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 pro- 
portions of this Tax ; & the Assessors of each Town, 
Parish, District or other place within this Commonwealth, 
in making County, Town, Parish or Society Taxes, shall 
govern themselves by the same rules, and assess the polls 
in their respective Towns, Parishes, or Societies, in the 
same proportions as the said polls pay towards the several 
sums, with which the said Towns or other places, by this 
Act, respectively stand charged having regard to all such 
alterations of polls or property, as may happen within 
the same, subsequent to assessing the Tax laid by this 
Act: 

Provided always, that it shall and may be lawful for 
any Town District or Plantation, to levy, make and 
collect 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 Repre- 
sentatives, shall assess such additional sum on the polls 
and estates as aforesaid within their respective towns, and 
shall apportion the same in the same proportion, at which 
such polls and estate shall be respectively set, for raising 
the sum of One hundred & thirty three thousand, four 
hundred & thirty five Dollars, & thirteen Cents. 

Sec. 6. Be it further enacted that the Treasurer of 
this Commonwealth shall send his Warrant to the Sheriff 
of the County of Lincoln requiring him to collect the sum 
by this Act assessed on the lands belonging to the Plym- 
outh Company, so called ; and shall issue his Warrant to 
the Sheriff of the County of Hancock, requiring him to 
collect the sums which by this Act are directed to be 
assessed on the lands lying within the claims of the heirs 
and assigns of the late Brigadier Waldo, also of the Lin- 
colnshire Company of twenty Associates, and of the Ten 
original Proprietors so called, all which sums are to be 
collected in the same manner as Collectors or Constables 
are authorized, & directed to proceed in collecting the 
Taxes laid on non-resident proprietors of unimproved 



124 



Acts, 1800. — Chapter 77. 



lands, and 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 and two. 

Sec. 7. Be it farther 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. 

Sec. 8. 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 expenses of Government. 

Sec. 9. And he it farther 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 Lists to be made by Assessors & committed to Collectors 
or Constables. 



STATE TAX. 



Names of Persons 
to be Taxed. 



No. 
of Polls. 



Personal estate 
& income. 



Dollars. Cents. 



Dollars. Cents. 



Dollars. Cents. 



Dollars. Cents. 



Form of Rale Lists of non-resident Proprietors of unimproved lands. 



STATE TAX. 



Names of 

Persons to 

be taxed 

— if known. 



No. of 
each lot, 
if known. 



No. of 

Division or [or] 

description of 

the range, 

if known. 



No. of 
Acres. 



Dollars. Cents. 



Dollars. Cents. 



Approved February 28, 1801. 



RESOLVES 



MASSACHUSETTS 



1800. 



EESOLVES 



GENERAL COURT 



Commonwealth of Massachusetts, 



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

ON WEDNESDAY, THE TWENTY-EIGHTH DAY OF 

MAY, ANNO DOMINI, 1800. 



BOSTON : 

PRINTED BY YOUNG & MINNS, 

Printers to the Honorable the General Court. 

Reprinted by Wright & Potter Printing Company, State Printers. 



RESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS. 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY, THE TWENTY-EIGHTH DAY 
OF MAY, A. D. 1800. 



His Excellency CALEB STRONG, Esquire. 
Governor. 

His Honor MOSES GILL, Esquire.* 
Lieutenant Governor. 



COUNSELLORS. 



Honorable Elisha May, 

Nathaniel Wells, 
Elijah Brigham, 
Fisher Ames, 
Esqrs. 



Honorable Thomas Dawes, 
John Hastings, 
Eleazer Brooks, 
Oliver Wendell, 
Stephen Choate, 
Esqrs. 

SENATORS. ■ 
Hon. SAMUEL BHILLIPS, Esq. L.L.D. President. 
County of Suffolk. Middlesex. 

Hon. John C. Jones, 



Hon. 



Jonathan Mason, Esqrs. 



Essex. 

Ebenezer March, 
John Treadwell, 
Nathaniel Marsh, Esqrs. 



Hon. Ebenezer Bridge, 
Timothy Bigelow, 
Josiah Bartlett, Esqrs. 



Hampshire. 
Hon. David Sexton, 
Samuel Fowler, 
Thomas Dwight, 
Ebenezer Hunt, Esqrs. 



* His Honor Moses Gill, was chosen Lieutenant Governor, by a very large 
majority of the suffrages of his fellow-citizens, but died on the 20th of May, before 
his induction to office for the present year. 



130 



Resolves, 1800. — May Session. 



York. 



SENATORS— Concluded. 

Cumberland. 



Hon. Simon Frye, 

Richard F. Cutts, Esqrs. 

Plymouth. 

Hon. Isaac Thompson, 

Beza Hayward, Esqrs. 

Bristol. 
Hon. Samuel Tobey, Esq. 

Barnstable. 
Hon. John Dillingham, Esq. 

Dukes County and Nan- 
tucket. 

Hon. Isaac Coffin, Esq. 

Worcester. 

Hon.Josiah Stearns, 
Salem Towne, 
•Bezaleal Taft, 
Thomas Hale, Esqrs. 

Mr. EDWARD P. HAYMAN, Clerk. 
Dr. PETER THACHER, Chaplain. 

HOUSE OF REPRESENTATIVES. 
Hon. EDWARD H. ROBBINS, Esquire, Speaker. 
County of Suffolk. 
Boston, Joseph Russell, Boston, Joseph Hall, 

William Smith, Samuel Parkman, 

Samuel Cobb, Nathan Frazier, 

John Lowell, jun. Eingham, Jotham Gay. 



Hon. Stephen Longfellow, 
Daniel Davis, Esqrs. 

Berkshire. 

Hon. William Williams, 

David Rosseter, Esqrs. 



Lincoln, Hancock, Washing- 
ton AND KENNEBECK. 

Hon. Alexander Campbell, 

Nathaniel Dummer, Esqrs. 



Norfolk. 

Hon. William Aspinwall, 
Benjamin Hichborn, 
John Ellis, Esqrs. 



County 
Salem, Ebenezer Beckford. 

Benja. Pickman, jun. 

William Prescott. 
Da livers, Gideon Foster, 

Samuel Page. 
Ipswich, Nathaniel Wade, 

Joseph Swazey, 

Jonathan Cogswell. 
Newbury, Josiah Little. 
Neivburyport, Enoch Titcomb, 

William Coombs, 

Jonathan Marsh, 

Joshua Carter, 

William Bartlett. 



of Essex. 

Marblehead, Elisha Story, 

Joshua Prentiss, 

John Selman. 
Lynn & Lynnfield, James Robin- 
son, 
Andorer, Joshua Holt, 
Beverly, Moses Brown, 

James Burnham, 

John Stephens. 
Rowley, George Todd. 
Salisbury, Samuel March. 
Haverhill, Benjamin Willis. 
Gloucester, John Rowe, 
Amesbury, Joseph Hoyt, 



Kesolves, 1800. — May Session. 



131 



HOUSE OF REPRESENTATIVES— Continued. 
County of Essex — Concluded. 
Bradford, Peter Russell, Wenham, Samuel Blanchard, 



Methuen, William Russ, 
Boxford, Thomas Perley, 



Hamilton, Manassah Cutler. 



County of Middlesex. 



Cambridge, Aaron Hill, 

Jeduthan Willington. 
Watertown, William Hunt, 
( ^harlestown, Aaron Putnam, 
Woburn, Loammi Baldwin, 
Concord, Joseph Chandler, 
Newton, Timothy Jackson, 
Reading, James Bancroft, 
Marlborough^ Jonathan Weeks, 
Billcrica, Oliver Crosby, 
Framingham, Jonathan Ma}'- 

nard, 
Lexington, Joseph Simonds, 
( 7/i Imsford, William Adams, 
Sherburne, Daniel Whitney, 
Sudbury, Jonathan Rice, 
Maiden, Jonathan Oaks, 



Weston, Artemas Ward, 
Medford, Nathaniel Hall, 
Hopkinton, Timothy Shepherd, 
Westford, Amos Fletcher, 
Walt/mm, Abner Sanderson, 

Stow & f Charles whitman, 

Boxboro , $ 

Pepperell, Joseph Heald, 

Dracut, William Hildreth, 

Townsend, John Campbell, 

Holliston, James Mellen, 

Acton & ) j Brooks, 

Carlisle, S 

Lincoln, Samuel Hoar, 

Ashby, Stephen Patch, 

E. Sudbury, Jacob Reeves. 



County of Hampshire. 



Springfield, George Bliss, 

W. Springfield, Jonathan Smith, 

jun. 
Wilbraham, John Bliss, 
Northampton & Easthampton, 

John Taylor, 
South Hadley, Ruggles Wood- 
bridge, 
Amherst, Zebina Montague, 
Qranby, David Smith, 
Hatfield, John Hastings, 
Wcsl field, James Taylor, 
Williamsburg, Elisha Hubbard, 
Conway, Malachi Maynard, 
Brimfield, Abner Morgan, 
S. Brimfield & Holland, Oliver 

Wales, 
New Salem, Varney Pearce, 
Worth iugtnn, Ezra Starkweather, 
Chesterfield, Spencer Phelps, 
Monson, Abner Brown, 
Pclham, Isaac Abercrombie, 



Hadley, Samuel Porter, 
Palmer, James Smith, 
Montague, Henry Wells, 
Norlhfield, Elisha Hunt, 
Bclchcrtown, Park Holland, 
Colrain, Hugh McLellan, 
Charlcmonl, Joseph Nash, 
Southwich, Saul Fowler, 
Granville, David Robinson, 

Israel Parsons. 
Greenfield & Gill, Solomon 

Smead, 
Southampton, Lemuel Pomeroy, 
Blandford, William Knox, 3d. 
Bcrnardston & Leyden, Lemuel 

Foster, 
Westhampton, Aaron Fisher, 
Buekland, Lemuel Taylor, 
Cummington & Plainjield, Eben- 

ezer Snell, 
Long Meadow, Hezekiah Hale. 



County of Plymouth. 

Plymouth, Nathaniel Goodwin, Middlcboro\ Nathaniel Wilder, 

Scituate, Elijah Turner, Rochester, Elisha Ruggles, 

Marshfield, Elisha Phillips, Plimpton, Seth Clashing, 

Bridgewaler, Nahum Mitchell, Pembroke, Kilborn Whitman, 



132 Eesolves, 1800. — May Session. 



HOUSE OF REPRESENTATIVES — Continued. 
County of Plymouth — Concluded. 

Kingston, Jedediah Holmes, Hanover, Benjamin Bass, 

Abington, Aai*on Ilobart, Carver, Nathaniel Sherman. 

County of Barnstable. 

Barnstable, Isaiah L. Greene, Wellfleel, Lemuel Newcomb, 

Sandwich, William Bodfish, Falmouth, David Nye, 

Yarmouth,, David Thacher, jun. Chatham, Richard Sears, 

Easlham, Elisha Mayo, Orleans, Richard Sparrow. 
Harwich, Ebenezer Broadbrooks, 
jun. 

County of Bristol. 

Taunton, Nicholas Tillinghast, Raynham, Josiah Dean, 

Rehobolh, Frederick Drown, Easton, Abiel Mitchell. 

Stvanzey, Christopher Mason, Mansfield, Benja. Bates, 

Dartmouth, Holder Slocum, Berkley, Luther Crane, 

Norton, David Clap, New Bedford, Seth Spooner, 

Dighton, George Ware, Somerset, Phillip Bowers. 
Freetown, Nathaniel Morton, jun. 

County of York. 

York, Joseph Bragdon, Arundel, Thomas Pei'kins, 3d. 

Kittery, Andrew P. Fernald, Pepperellborough, Richard Cutts, 

Wells, Nathaniel Wells, Lebanon, Thos. M. Wentworth, 

Jacob Fisher. Buxton, Jacob Bradbury. 
Berwick, John Lord, 

County of Duke's County. 

Edgurlon, William Mayhew, Chilmark, Matthew Mayhew, jun. 

County of Nantucket. 
Nantuc/cet, Micajah Coffin. 

County of Worcester. 

Worcester, Nathaniel Paine, Sturbridge, Josiah Walker, • 

Lancaster, Samuel Ward, Hardwick, John Hastings, 

Mendon, Phillip Ammidown, Western, Joseph Field, 

Brookfteld, John Cutler, Leominster, Jonas Kendall, 

Oxford, Silvanus Town, Holden, John Dodds, 

Charlton, Levi Davis, Douglas, Aaron Marsh, 

Sutton, Jonathan Woodbury, Grafton, Nathaniel Adams, 

Leicester, Thomas Denny, Royalsion, John Norton, 

Spencer, Benjamin Drury, Petersham, Daniel Bigelow, 

Rutland, Daniel Walker, Alhol, Josiah Goddard, 

Hubbardston, William Marean, Templeton, Leonard Stone, 

New Braintrce, Benjamin Josslyn, Princeton, Ebenezer Parker, 

Southborougli, Elijah Brigham, Winchendon, Samuel Prentiss, 

Northborough, Nahum Faye, Dudley, Aaron Tufts, 

Shreivsbury, Jonah Howe, Barre, Edmund Howes, 

Lunenburg, Thomas Kimball, Milford, Samuel Jones, 

Harvard, Joseph Stone, Sterling, Benjamin Richardson, 

Bolton & Berlin, Silas Holman, Boylston, James Longley. 



Resolves, 1800. — May Session. 



133 



HOUSE OF REPRESENTATIVES — Continued. 
County of Cumberland. 



Falmouth, Archelaus Lewis, 
Portland, Woodbury Storer, 
North Yarmouth, Samuel P. Rus- 
sell, 
Scarborough, Joseph Emerson, 
Cape Elizabeth, Mark Dyer, 



Brunswick, Ebenezer II Goss, 
Harpswell, Benjamin Dunning, 
New Gloucester, Nathl. C. Allen, 
Freeport, John dishing, 
L ice r more, David Lamed. 



County of Lincoln. 



Pownalboro" 1 , David Payson, 
Georgetown, Mark Langdon Hill, 
New Castle, John Farley, 
Topsham, Benja. Jones Porter, 
Bristol, Samuel Tucker, 



Camden, Samuel Jacobs, 
Thomaston, Henry Knox, 
Gushing, John McKellar, 
Bowdoin, James Rogers, 
Litchfield, John Neal. 



County of Berkshire. 



Sheffield & Mt. Washington, Paul 
Dewey, 

Great Barrington, John Kellogg, 

Partridgefield, William Frissell, 

New Marlborough, Benjamin 
Wheeler, 

Williamsloion, Tompsou J. Skin- 
ner, William Young. 

Lanesborough & New Ashford, 
Gideon Wheeler, 

Pittsfield, John Chandr. Williams, 



Lenox, Joseph Goodwin, 
Stockbridge, Ephraim Williams, 
Egrcmont, Joseph Benjamin, 
Tyringham, Adonijah Bidwell, 
Sandisfield & Southjicld, John 

Canfield, 
Windsor, Joshua Beals, 
Richmond, Nathan Pierson, 
West Stockbridge, Ezekiel Stone, 
Adams, Abraham Howland, 
Cheshire, Daniel Brown. 



County of Hancock. 

Sullivan, Paul Dudley Sargent. Hampden, Daniel Neal. 
Orrington, Oliver Leonard. 

County oj Washington. 
Machias, Phineas Bruce. 



County of Norfolk. 



Roxbury, Ebenezer Seaver, 

Joseph Ruggles, 

Joseph Heath. 
Dorchester, John How, 

Perez Morton. 
Milton, Edward H. Robbins, 
Brainlree. Ebenezer Thayer, 
Weymouth, Eliphalet Loud, 
Dedham, Isaac Bullard, 
Brookline, Stephen Sharp, 
Medjicld & Dover, John Baxter, 



Stoughton, Lemuel Gay, 
Sharon, Jonathan Billings, 
Medway, Abner Morse, 
Walpole, Seth Bullard, 
Wrentham, Nathan Comstock, 
Franklin, John Boyd, 
Bellingham, Laban Bates, 
Cohasset, Thomas Lothrop, 
Quincy, Moses Black, 
Randolph, Joseph White, 
Canton, Joseph Bemis. 



134 Kesolves, 1800. — May Session. 



HOUSE OF REPRESENTATIVES - Concluded. 
County of Kennebeck. 

Winslow, Elnathan Sherwin, Lewiston, John Herrick, 

Hallowcll, Thomas Fillebrown, Monmouth, John Chandler, 

Winthrop, Nathan Fairbanks, Farminglon, Stephen Titcomb, 

Pittaton, Samuel Oakman, Mount Vernon, Nathaniel Dudley. 

HENRY WARREN, Esq Clerk. 

Rev. THOMAS BALDWIN, Chaplain. 

Chapter 1. 

RESOLVE FOR THE CHOICE OF AN ADDITIONAL NOTARY PUBLIC 
FOR ESSEX CO. TO RESIDE IN SALEM. 

Resolved, That for the better accommodation of the 
Inhabitants of Salem in the County of Essex, there be 
chosen for the present year an additional Notary Public 
for said County, to reside in said Town. 

June 4, 1800. 

Chapter 2. 

RESOLVE ON THE PETITION OF WILLIAM FESSENDEN, AS GUAR- 
DIAN TO THE HEIRS OF HENRY YOUNG BROWN, ESQ. GRANT- 
ING THE HEIRS A FURTHER TIME TO PAY A CERTAIN SUM 
OF MONEY. 

On the Petition of William Fessenden as Guardien to 
the Heirs of Henry Young Brown Esqr. deed, praying 
the resolve passed Feby. 26th 1799, directing the Treas- 
urer of the Commonwealth to give up and discharge a 
bond in the Treasurers Office, dated Feby. 16th 1765, 
signed by Henry Young Brown & others conditioned for 
the payment of two hundred pounds. 

Resolved that a further time of one year be given to the 
Heirs of said Henry Young Brown deed, to pay into the 
Treasury — five Hundred dollars in full for the above bond, 
they paying Intrest on the last mentiond sum from the first 
day of June Instant. June 4, 1800. 

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

May it please your Excellency, 

The Senate, with partieular and sincere satisfaction, 
offer you their congratulations upon your election to the 



Resolves, 1800. — May Session. 135 

Chief Magistracy of the Commonwealth. Your fellow 
citizens by their free and uninfluenced suffrages, have 
called you to preside in their councils, and constituted 
you their political father. We rejoice in common with 
the friends of virtue, patriotism, and religion, in this dis- 
tinguished mark of their affection and confidence ; and 
we indulge the pleasing expectation and belief, that your 
administration will be guided by that spirit of mildness, 
and that unshaken attachment to the Government and its 
laws, which during a long series of publick Services you 
have so eminently manifested. 

The loss which our country has lately sustained, by the 
death of some of its most worthy and beloved citizens, is 
a subject of " Mournful regret," and affords a solemn les- 
son, to those who are called to succeed them in places of 
honor and preferment. And we trust that its instructive 
and affecting influence, will have a tendency to double 
their zeal in the cause of virtue and their Country. The 
removal of the late Governor Sumner by death was in- 
deed an afflicting event. Amiable and exemplary in pri- 
vate life ; punctual, intelligent, vigilant, and patriotic in 
his public functions, he would long have continued the 
friend, the ornament, and the pride of his fellow citizens, 
if their affections and prayers could have prolonged his 
useful and valuable life. 

America has lost in General Washington her first and 
best friend ; and the world, a disinterested and an enlight- 
ened benefactor ! That such a man, under Providence, 
was the founder of our government, and the able and 
faithful guardian of its rights; — that he conducted its 
armies to victory, and its citizens to independence and 
happiness;. — that he stood firm and uncorrupted at the 
helm of the nation, amidst the storms of party, and the 
dangerous and uncertain operation of systems of experi- 
ment ; — that he triumphed over vice, anarchy, and the 
enemies of publick order ; — that he has transmitted to 
posterity a new and great example of private and patri- 
otic virtue ; and therein an inheritance, which if rightly 
improved, will extend its happy influence to remotest pos- 
terity ; — And that he closed the career of a life devoted 
to his country and the good of mankind, with the hopes 
and joys of a philosopher and a christian, are considera- 
tions which ought, amidst the universal sorrow for his 
loss, to create in the breast of every American, not 



136 Resolves, 1800. — May Session. 

only the highest gratitude, but an unalterable attachment 
to his country's welfare. 

We realize with your Excellency, and our fellow citizens 
at large, the loss sustained by the death of the late Lieu- 
tenant Governor. The early friends of American freedom 
will long remember with gratitude, his zeal and faithfulness 
in her cause. His reward has been the unequivocal tes- 
timony of the esteem of his fellow citizens, by their re- 
peated and almost unanimous elections to the second Office 
in their gift. 

Whatever may be the event of our negociations with 
the French Government, it will be a source of satisfaction 
to the People of the United States, that every measure 
has been adopted, which wisdom and prudence could dic- 
tate, to reconcile our differences in an amicable manner. 
Having been patient under multiplied and aggravated en- 
croachments upon our rights as a neutral nation, we have 
the fullest confidence, that the independent and enlight- 
ened citizens of America, will cheerfully submit to every 
measure and every duty, which the safety and honor of 
their Country may demand. We cordially unite with 
your Excellency in opinion that the restoration of har- 
mony will greatly depend upon our preparations for de- 
fence. And when the faithful pen of history, shall record 
our sincere and ardent desires for reconciliation and 
peace, may it also record the grateful acknowledgments 
of Americans, to the Author of every " good and perfect 
gift," for the blessings of the best government by which 
society has ever been united. 

The Senate receive and reciprocate with great satisfac- 
tion and sincerity, your Excellency's sentiments upon the 
subject of morality and religion. 

Our Ancestors early recognized the great and important 
truth, that religion and good government are intimately 
connected, and must stand or fall together. 

If the People of New England have experienced great 
prosperity, or manifested an attachment to the interests 
of Science, beyond any former example, it is evidently 
the salutary result of those institutions of religion and 
learning, which were among the first works of their pious 
and patriotic founders. We lament with deep regret, the 
disposition of any of our citizens, to depart from the an- 
cient manners and habits of our Country. In a govern- 
ment like ours, which can be supported only by the virtue 



Resolves, 1800. — May Session. 137 

and the intelligence of the people, its foundation is essen- 
tially undermined and endangered, by a propensity to inno- 
vation and licentiousness. We shall consider it among the 
first duties of the legislature to endeavour, by every 
rational and constitutional method, to check its alarming 
progress ; and we feel a sincere and unfeigned gratifica- 
tion, that the principles and example of your Excellency 
will not only have a tendency to support and encourage 
the friends of religion, but also to reclaim its deluded 
enemies. 

The good effects of our ancient religious institutions 
have been so long and so amply experienced that we ar- 
dently hope the legislature will consider their support and 
encouragement, among the first objects of its care ; and 
that the people at large, will be enabled to form a just esti- 
mate of their nature and excellence. 

Your Excellency will be pleased to accept the assur- 
ances of the Senate, of their cordial wishes for the suc- 
cess of your administration ; and Ave join with you in the 
solemn supplication, that the " Almighty may succeed our 
united endeavours to render the people of the Common- 
wealth, prosperous and happy." June 5, 1800. 

ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOV- 
ERNOR'S SPEECH AT THE OPENING OF THE SESSION. 

May it please your Excellency, 

The invitation of the citizens of a State so large & 
respectable as that of Massachusetts, at a moment so in- 
teresting as the present, to fill the important office of its 
Chief Magistrate, as it evinces the public opinion of the 
virtues and talents of the Man thus distinguished, must 
be highly gratifying to a patriotic mind. 

The integrity and ability with which you have per- 
formed the various duties of the high and important sta- 
tions in which you have been placed leave us no room to 
doubt that you will fill your present dignified office with 
reputation to yourself, and satisfaction to the Community, 
notwithstanding the apprehensions which you have been 
pleased to express. Indeed our expectations are raised 
from our past observation, that diffidence, virtue and 
talents are almost inseperable companions. 

If errors, from which no mortal is exempt, should elude 
your Excellency's wisdom, you may place a just reliance 



138 Kesolves, 1800. — May Session. 

on the candor & magnanimity of your fellow citizens — 
As the mistakes of virtue they would obliterate them from 
their recollection. 

The occasion unavoidably obtrudes upon our reflections 
the unexampled losses we have lately sustained by the 
decease of some of our most respected fellow citizens. 
By the death of our late excellent Governor this State was 
deprived of a man, who was greatly & deservedly esteemed 
in private, and highly respected in public life. Since 
which afflictive dispensation, the whole Nation has been 
called to lament the loss of the illustrious Washington, 
the first and best of men ; and however vain the attempt 
to rival his singular greatness and attainments, would be, 
yet his integrity, his" purity, his unaffected piety, his re- 
spect for religious institutions, and his zeal for the public 
good may, and ought to be imitated by all. 

We regret with your Excellency the recent death of our 
Chief Magistrate the Lieutenant Governor — An early 
decided & firm friend to the rights of his Country, who 
long experienced the confidence of his fellow citizens in va- 
rious high and distinguished offices in the Commonwealth. 

Quiting these subjects of mournful regret, we ought to 
cherish the most fervent gratitude to the Supreme Being, 
that we enjoy the blessings of a free and undisturbed 
Government — that the laws are respected — and that 
notwithstanding any diversity of political opinion, inter- 
nal tranquility, domestic happiness, good humour and 
kind offices so generally prevail among the citizens of this 
Commonwealth. 

While carnage and desolation with unusual fury have 
laid waste some of the fairest portions of Europe, it has 
pleased Divine Providence to permit this Country to pro- 
gress in the cultivation of those useful arts which enrich 
and ameliorate the condition of man. 

Invited by their resources, their extensive sea coast, 
and their characteristic enterprise, to embark largely in a 
Commerce rendered doubly profitable by their neutrality, 
the United States have experienced frequent interruptions 
to their trade by unprovoked infractions of the law of 
Nations. 

Within the last few years these injuries have proceeded 
from a Nation for whom we had cherished the most friendly 
sentiments, and the most conciliating measures to obtain 
redress, which human wisdom could devise, have been 



Resolves, 1800. — May Session. 139 

pursued without success. We did not even place our- 
selves in a posture of defence, untill the roused feeling's 
of the American People taught them a sentiment, which 
the late President had often in vain addressed to their un- 
derstandings, " that if we desire peace, it must be known 
that we are prepared for war." 

The history of our intercourse with foreign Nations 
will be the lasting record of the purity, the impartiality 
the pacific policy, the wisdom and the prudence of the 
Executive Authority of the United States. It must be 
satisfactory to know that hopes are entertained that the 
existing negotiation with the French Government will put 
an end to the injuries we have so long and so justly com- 
plained of. Every enlightened friend to his Country 
must ardently desire, that we may not be compelled to 
renounce the advantages of our neutral situation : — How- 
ever, the event is in the hand of God, and let it terminate 
as it may, it is the duty of all good citizens to adhere to 
the Government of their choice, and to submit with cheer- 
fulness to those expenses which have been the price of 
their security. If in the issue of our controversy with 
France, we should not have occasion to resort to arms, it 
may be attributed, in a great measure, to the spirited 
preparations which we had made for resistance. 

We agree with your Excellency that the Constitution 
has summarily pointed out the great duties of Legislatures 
and Magistrates, and if, in the discharge of our respective 
trusts, we adhere to the spirit, as well as the letter of that 
Constitution, we may reasonably flatter ourselves that 
" public and private charity, industry & frugality, hon- 
esty and punctuality, sincerity, good humour and all 
social affections and generous sentiments " will prevail 
among the people. 

As the distribution of public employments depends in 
a great measure upon the first Executive Magistrate, we 
felicitate ourselves and our fellow citizens, upon the elec- 
tion of a man who will with the strictest impartiality se- 
lect and reward superior talents and meritorious services, 
when accompanied by a virtuous life, and moral and relig- 
ious principles. 

No opinion has been more prevalent among civilized 
nations, & we believe none better founded, than that "re- 
ligious principles in the people are essential to morality 
and the support of lawful Government, and that the obli- 



140 Resolves, 1800. — May Session. 

gation to piety is imposed on man by his nature." If 
lately these opinions have been ridiculed, and demoraliz- 
ing Philosophers have patronized sentiments diametrically 
opposite, — if the authenticity of revealed religion has 
been openly denied and its doctrines represented as un- 
friendly to social or individual happiness — If the Author 
of our Holy Religion has been vilified in some Countries, 
and man reduced to a level with the brute creation by 
denying the immortality of the Soul ; it becomes us who 
have so lately and so solemnly professed our belief of the 
truths of Christianity to endeavour to prevent the progress 
of these principles of infidelity by every mild and prudent 
measure — by promoting the means of general knowledge 
and information, — 'by excluding vicious and profligate 
persons from the instruction of youth, — by encouraging, 
and supporting honorably public teachers of religion & 
morality, and more especially enforcing by example the 
effects of that pure religion which we regard as the surest 
source of human felicity. 

In your Excellency's laudable, patriotic and zealous 
exertions for the public good, we place the fullest confi- 
dence ; and we doubt not your ready concurrence in every 
measure tending to secure to the people the benefits of a 
mild and just Government ; and we most cordialy join 
with your Excellency, in supplicating the Almighty Ruler 
of Nations to succeed our mutual endeavours to promote 
the peace, prosperity and happiness of this Common- 
wealth. June 5, 1800. 

Chapter 3. 

RESOLVE ON THE MEMORIAL OF THE CLERK OF THE COURT 
OF GENERAL SESSIONS OF THE PEACE FOR THE COUNTY 
OF DUKES COUNTY, AUTHORIZING HIM TO ISSUE HIS WAR- 
RANT TO THE CONSTABLES OF THE SEVERAL TOWNS, TO 
ELECT GRAND JURORS, AS PRESCRIBED BY LAW. 

Whereas the Justices of the Court of General Sessions 
of the peace holden at Edgartown within and for the 
county of Dukes County on the third Tuesday of April 
last dismissed the Grand jurors returned to serve in said 
Court of General Sessions for the current year on account 
of the illegality of their appointment by reason whereof 
the said County is destitute of a Grand jury & no provi- 
sion is by law made for the appointment of a new Grand 
jury : Therefore 



Kesolves, 1800. — Mat Session. 141 

Resolved that the Clerk of the Court of General Ses- 
sions of the peaee for sd. County be & he is hereby 
authorised and empowered to issue his warrant to the 
constables of the several towns in said County requiring 
them severally to elect & appoint in manner as is by law 
prescribed such & so many good & lawful men as have 
been usually directed to serve as Grand jurors for said 
County at the several Courts of General Sessions of the 
peace in said County untill by law a new grand jury can 
be summoned — and the Constables of the several towfis 
to whom such warrants shall be directed & the selectmen 
& town clerks of said towns shall be holden to perform 
all the duties enjoined on them & subject to the penalties 
by law prescribed in like manner as in case of Grand 
jurors chosen and appointed at the usual annual town 
meetings in march or april — and the said Grand jurors 
appointed & chosen pursuant to this resolve shall possess 
like qualifications be subject to like penalties & per- 
form like duties as if chosen at the annual town meetings, 
and the doings & proceedings of the Grand jury appointed 
pursuant to this resolve shall be in all respects valid as 
though chosen in March last. June 5, 1800. 

Chapter 4. 

RESOLVE ON THE PETITION OF JOHN EMERY, AGENT IN BE- 
HALF OF THE BAPTIST SOCIETY IN BERWICK, RENDERING 
VALID THE PROCEEDINGS OF SAID SOCIETY. 

On the petition of John Emery, Agent for and in behalf 
of "the Baptist Society in Berwick," in the County of 
York, shewing that said Society purchased, in the year 
1796, a parsonage farm for the benefit of the minister 
thereof, for the sum of one thousand dollars, and that 
doubts have arisen respecting the validity of the votes 
and proceedings of said Society, in purchasing said farm, 
and voting the said sum for that purpose — Therefore 

Resolved, that all the votes and proceedings of said 
Society respecting the purchasing of said farm, and vot- 
ing, granting and collecting the said sum of one thousand 
dollars for the purpose aforesaid be and hereby are made 
legal and valid to all intents and purposes whatsoever, 
any informality in the same to the contrary notwithstand- 
ing. June 6, 1800. 



142 Kesolves, 1800. — Mat Session. 



Chapter 5. 

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

Resolved, that the Honorable Thomas Dawes and John 
Coffin Jones Esquires be a committee to examine and 
adjust the Accounts of the Treasurer of this Common- 
wealth, from the first day of July last, to the first day of 
July next, and that the said Committee are impowered 
and directed to deface all notes, due bills and orders, 
issued under the authority of this Commonwealth, by any 
Officer thereof, that have been redeemed by the Treas- 
urer during the time aforesaid : And to report an account 
of their proceedings at the Session of the General Court 
which will be next after the first day of January next. 

• June 6, 1800. 

Chapter 6. 

RESOLVE RESPECTING THE CHOICE OF ELECTORS OF PRESI- 
DENT AND VICE PRESIDENT OF THE UNITED STATES, AND 
REQUESTING THE GOVERNOR TO TRANSMIT A CERTIFICATE 
OF SUCH CHOICE. 

Resolved that the General Court on the thirteenth day 
of November next (being then in session) will by joint 
ballot of the Senate & House of Representatives elect and 
choose Sixteen persons as electors of President and Vice 
President of the United States, not being Senators or 
Representatives in the Congress of the United States, or 
Persons holding any Office of Trust or Profit under said 
United States ; one of whom at least, shall be an inhabitant 
of each district, which is or may be assigned for the choice 
of Representatives, in the Congress of the United States. 

And be it further resolved, that his Excellency the 
Governor be, and he hereby is requested forthwith, after 
such election, to transmit to each person, so chosen an 
Elector, a certificate of such choice ; and the said Electors 
are hereby required to meet on the first Wednesday of 
December next, at ten O'Clock, in the forenoon, at the 
State House, in Boston, for the purpose of voting by 
ballot, for two Persons as President and Vice President 
of the United States — and for their Travel and attendance 
the said Electors shall receive the same compensation as 
members of the Legislature of this Commonwealth are 
entitled to receive. June 6, 1800. 



Resolves, 1800. — May Session. 143 



Chapter 7. 

RESOLVE ON THE PETITION OF ANDREW WILLEY. 

On the petition of Andrew Willey, praying that he and 
his sureties may be discharged, from the penalties of their 
recognizances, on which judgements of the Supreme Judi- 
cial Court were rendered against them in April term 1790. 

Resolved That the said Andrew Willey, together with 
Joseph Wheelwright Samuel Lancy, and Joseph Hayward 
his sureties be, and they are hereby discharged from the 
penalties aforesaid. June 7, 1800. 

Chapter 8. 

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

Resolved that there be allowed & paid out of the Treas- 
ury of this Commonwealth, to each member of the Council 
Senate, and House of Representatives Two Dollars per 
day for each days attendance the present Session, and the 
like sum for every ten miles distance from their respective 
places of abode, to the place of the sitting of the General 
Court. 

And it is further Resolved that there be paid to the 
President of the Senate and Speaker of the House of Rep- 
resentatives, each, two dollars per day, for each and every 
day's attendance, over and above their pay as members. 

June 7, 1800. 

Chapter 9. 

RESOLVE ON THE PETITION OF NATHAN BARTLETT, GRANTING 
FIFTY DOLLARS IN FULL COMPENSATION FOR THE LOSSES 
HE SUSTAINED IN CONSEQUENCE OF A WOUND HE RECEIVED 
WHILE PERFORMING MILITARY DUTY. 

On the Petition of Nathan Bartlett of Kittery in the 
County of York a Private Soldier in Capt. Mark Fernalds 
company of Cavalry — praying for relief on account of 
a wound he received in his right hand whilst performing 
military duty on the 26th day of October 1796 — in said 
Company. 

Resolved that there be paid out of the Treasury of this 
Commonwealth to the said Nathan Bartlett the sum of 
Fifty dollars in full for his losses, and for Doctors Bills as 
sett forth in his Petition. June 7, 1800. 



144 Resolves, 1800. — May Session. 



Chapter 10. 

RESOLVE ON THE PETITION OF DANIEL TILLINGHAST, AUTHOR- 
IZING BENJAMIN ADAMS, OF UXBRIDGE, TO MAKE SALE OF 
THE REAL ESTATE MENTIONED. 

On the petition of Daniel Tillinghast setting forth that 
he together with Samuel Aborn Jun. of Providence in the 
State of Rhode Island are administrators of the Estate of 
Robert Gibbs Tillinghast late of said Providence merchant 
deceased ; that the said deceased Estate is insufficient to 
pay his just debts, and praying for leave to make Sale of 
a small real Estate in the town of Uxbridge in the county 
of Worcester and Commonwealth aforesaid. 

Resolved that Benjamin Adams Esqr. of Uxbridge be 
& he hereby is authorized & empowered to make sale at 
publick vendue of all the real Estate which lies in the 
town of Uxbridge aforesaid whereof Robert Gibbs Tilling- 
hast aforesaid died seized & possessed for the most the 
same will fetch and to make and execute a good deed or 
deeds of the same — (Reserving however the Right of 
dower of Patience widow of the said Robert, in the premises' 
according to law ;) the said Benjamin first giveing notice 
of such sale in the same manner that administrators are 
obliged by law to do in cases where they have leave to 
make sale of real Estate, also to give bond to the Judge 
of probate in the county of Worcester for the' faithfull pay- 
ment of the proceeds of said sale over to the administrators 
of the said Roberts Estate. June 7, 1800. 



Chapter 12.* 

RESOLVE ON THE PETITION OF THE INHABITANTS OF POLAND, 
ABATING A TAX ON SAID TOWN. 

On the petition of the Inhabitants of Poland. 

Resolved for reasons set forth in the said petition that 
the sum of Seventy four Pounds one shilling & eight 
pence, being the Class Tax of the said town in the year 
1782, be and hereby is abated to the said town, and the 
Treasurer is directed to govern himself accordingly. 

June 10, 1800. 

* Chapter 11, in Session pamphlet, is a message from the Governor transmit- 
ting a letter to the Legislature, and is to be found among the messages. 



Resolves, 1800. — Mat Session. 145 



Chapter 13. 

RESOLVE ESTABLISHING THE PAY OF THE SECRETARY AND 
OF THE TREASURER AND RECEIVER GENERAL. 

Resolved that there be allowed and paid out of the Treas- 
ury of this Commonwealth, to John Avery Esquire Secre- 
tary of this Commonwealth twelve hundred and twenty three 
dollars fifty cents which with two hundred and seventy six 
dollars fifty cents, which he received in fees before the 
thirty first day of May last shall be in full for his services 
as Secretary as aforesaid for one year from the first day 
of June Eighteen hundred being at the rate of Fifteen hun- 
dred dollars per year to be paid in quarterly payments. 

That from the first day of June current there be allowed 
and paid out of the Public Treasury the sum of Fifteen 
hundred dollars to the Treasurer and R[e]ceiver General 
of this Commonwealth for his services as Treasurer the 
present year to be paid him in quarterly payments as the 
same shall become due. June 11, 1800. 

Chapter 14. 

RESOLVE ON THE PETITION OF SAMUEL B. LYON, COMMAND- 
ING OFFICER OF AN ARTILLERY COMPANY IN THE TOWN 
OF DORCHESTER, DIRECTING THE QUARTER MASTER GEN- 
ERAL TO REPAIR THE GUN HOUSE. 

On the Petition of Samuel B. Lyon Commanding Offi- 
cer of the company of Artillery in the Town of Dorchester 
in the first Brigade and first Division of the Militia of 
the Commonwealth Setting forth that the Gun House in 
Dorchester the Property of the Commonwealth is in Such 
a Sitivation that the Publick Property is Exposed to great 
Ingury. 

Resolved for Reasons Set forth in said petition that the 
Q[w]arter Master General be and he hereby is Directed to 
Repair the Same at the Publick Expence as Soon as may 
be in Such a manner as he Shall Judge most for the Intrest 
of the Commonwealth. June 11, 1800. 

Chapter 15. 

RESOLVE ON THE MEMORIAL OF THE BOSTON BOARD OF 
HEALTH, GRANTING THEM 1000 DOLLARS FOR THE EREC- 
TION OF BUILDINGS ON RAINSFORD ISLAND, AND APPOINT- 
ING THEM AGENTS FOR THAT PURPOSE. 

On a Memorial of the Board of Health for the Town of 
Boston, praying that additional Buildings may be erected 



146 Kesolves, 1800. — May Session. 

on Rainsford's Island for the accommodation of Patients 
who may be there. 

Resolved, that two Buildings be immediately erected 
on said Island, under the direction of the said Board of 
Health, and that the sum of One thousand Dollars be 
appropriated for that Purpose. 

Resolved, that the Board of Health for the Town of 
Boston, be, and they are hereby Appointed Agents in 
behalf of the Commonwealth to carry the foregoing Reso- 
lution into Effect, with full Powers to make the necessary 
contracts not to exceed the sum aforesaid and that they 
lay their Accounts for the Expences attending the said 
Buildings before the Committee of Accounts, who are 
hereby authorized to Act on, and to pass the same. 

June 11, 1800. 

Chapter 16. 

REPORT RESPECTING THE DELINQUENCY OF SHERIFFS AND 
TOWN OFFICERS IN NOT RETURNING VOTES FOR GOV- 
ERNOR, &c. 

The Committee of both houses appointed to enquire 
into & report a state of facts relative to the delinquency 
of those Sheriffs, towns & Selectmen, who have neglected 
to make returns of the Votes for Governor Leut. Gov- 
ernor Senators & Councellors the present year, ask leave 
to report 

That in the County of Essex, they find the Votes from 
the town of Wenham were not delivered at the Secratarys 
office untill the 12th day of May — 

That in the County of Hampshire, the returns from the 
town of Monson, were not delivered at the Secratarys office 
until the 20th of May, and that no returns have been reed, 
at said office from the town of Russell in the Same County. 

That in the County of York, no returns have been reed, 
from the town of Waterford, and that the returns from the 
town of Phillipsburgh, were not delivered at the Secretarys 
office untill the 20th of May — 

That in the County of Barnstable, the returns from the 
town of Truro, were not delivered at the Secretarys office 
untill the 20th of May, & that no returns have been reed, 
from the District of Marshpee in the same County — 

That in the County of Cumberland, no returns have been 
reed, from the towns of Jay, and Rumford, or from the 
plantation of Flintston — 



Resolves, 1800. — May Session. 147 

That in the County of Lincoln, no returns have been 
reed, from the plantation of Medumcooek — 

That in the County of Hancock, the returns from the 
town of Orrington, were not delivered at the Secretarys 
office untill the 23d of May, and that no returns have been 
reed, from the towns of Eden & Elsworth in the County 
aforesaid — 

That in the County of Berkshire, no return has been 
reed, from the town of Louden — 

That in the County of Washington, the returns from the 
town of Columbia were not delivered at the Secretarys office 
untill the 3d of June, and that no returns have been reed, 
from the town of Addisson in the same County — 

And that in the County of Kennebeck, no returns have 
been reed, from the plantations of Littlesborough, Sandy 
river No. 3, or new vineyard — 

The Committee further report, That they cannot at the 
present session of the Gen. Court, be furnished with the 
necessary evidence with which a full statement of facts 
ought to be accompanied ; — And that as the property 
and characters of the delinquent Sheriffs & town officers, 
may be materially affected by an investigation of this im- 
portant subject, the Committee further report, that the 
Secretary of the Commonwealth be, directed to give pub- 
lick Notice to the Sheriffs of those Counties, and the Select- 
men & town Clerks of those towns, in which the returns 
aforesaid have not been seasonably made, to appear on the 
second Wednesday of the first Session of the Genl. Court 
which shall [shall] be holden next after the first day of 
January next, to shew cause (if any they have) why the 
Attorney General should not be directed to prosecute 
them for such fines or penalties, as they may have incured 
in consequence of such delinquency, by inserting this re- 
port in the Massachusetts Mercury, and in one of the 
Newspapers published in each of the Counties wherein 
such delinquency may have happened (if any Newspaper 
be therein published) three weeks successively, the last 
publication to be thirty days at least, before the said 
second Wednesday. — All which is submitted. 

DANL. DAVIS, per Order. 
June 11, 1800. 



148 Kesolves, 1800. — May Session. 



Chapter 17. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF CAPE 
ELIZABETH, AUTHORIZING THE COURT OF GENERAL SES- 
SIONS TO APPORTION THE EXPENSE OF THE HIGHWAY 
UPON THE SEVERAL TOWNS. 

Resolved that the Court of General Sessions of the 
Peace in said County of Cumberland be & they hereby 
are authorised & empowered (if they see fit) upon Con- 
sideration of the Expense of the highway lately laid out 
& accepted by said Court, leading from None Such Bridge 
to Portland Bridge, to apportion the same upon the several 
Towns within said County. June 11, 1800. 



Chapter 18. 

RESOLVE ON THE PETITION OF OLIVER LEONARD, AUTHOR- 
IZING SALEM TOWN TO CARRY INTO EFFECT A CERTAIN 
RESOLVE RESPECTING THE SALE OF LANDS ON PENOBSCOT 
RIVER. 

On the Petition of Oliver Leonard, agent for the thirty 
two settlers on the nine townships of indian land so called. 

Resolved, that the Hon. Salem Town, Esq. be and hereby 
is authorised to carry into effect the Resolve of the 22d of 
June 1799, respecting the sale of lands on each side of 
Penobscot river, at any time previous to the first day 
of July next. June 12, 1800. 

Chapter 19. 

RESOLVE ON THE PETITION OF JUSTIN ELY, ESQ. AUTHORIZ- 
ING HIM TO PREVENT ANY STRIP OR WASTE ON THE LANDS 
MENTIONED. 

On the Petition of Justin Ely representing that divers 
ill disposed persons frequently make strip and waste and 
commit trespasses on a certain Township of land called 
No. 1 in the first range upon the River Schodic in the 
District of Maine, which he contracted to purchase of the 
Committee for the sale of eastern lands. 

Resolved, that the said Justin be and he hereby is au- 
thorised and empowered to take all proper and legal meas- 
ures to prevent any strip or waste being done on the lands 
in said Township ; and to commence and prosecute to final 
judgment and execution any action or actions of trespass 



Resolves, 1800. — May Session. 149 

in his own name for the recovery of damages to his own 
use for any trespass or trespasses that have been subse- 
quent to said contract, or hereafter may be committed, on 
the said lands, or on any of them, in the same manner, 
and to the same effect as tho' he owned the fee, of the 
said Township of land, or was in the actual possession of 
the same. June 12, 1800. 

Chapter 20. 

RESOLVE ON THE PETITION OF TURNER PHILLIPS AND JOHN 
WINTHROP, ADMINISTRATORS OF JOHN WINTHROP, LATE 
OF BOSTON, DECEASED. 

On the petition of Turner Phillips & John Winthrop 
administrators of John Winthrop late of Boston in ye 
County of Suffolk Esquire deceased stating that the said 
John did some time prior to his decease contract to sell 
to Joseph Coolidge of Boston aforesaid merchant a cer- 
tain House & Land in Cambridge Street in Boston afore- 
said for ye purpose of widening said Street but owing to 
ye indisposition & sudden death of himself & wife the said 
contract was not actually executed & praying that they 
may be empowered to convey said land agreeable to the 
contract aforesaid. 

Resolved, that the said Phillips & Winthrop in their 
said capacities be & they are hereby empowered to make 
and execute a good and sufficient deed of the said lot to 
the said Coolidge his heirs & assigns, he paying the money 
agreed to be paid for ye same together with ye interest 
thereof. June 12, 1800. 

Chapter 21. 

RESOLVE ON THE PETITION OF HON. EDWARD CUTIS, ESQ. 
AND DANIEL SEWELL, ESQ. AUTHORIZING THE COURT OF 
SESSIONS TO MAKE THEM SUCH EXTRA ALLOWANCE FOR 
TRAVEL AS SHALL BE THOUGHT REASONABLE. 

On the Petition of the Honble. Edward Cutts Esqr. 
Judge of Probate of Wills &c. for the County of York, 
and Daniel Sewell Esqr. Register of Probate for said 
County. 

Resolved that the Court of General Sessions of the Peace 
for said County be and are hereby Authorised and Em- 
powered to mak[e] them such an allowance for Travel (to 



150 Resolves, 1800. — May Session. 

be paid out of the Treasury of sd. County) as may be 
thought reasonable, not exceeding the sum allowed for 
Travel to Justices of the Peace. I June 12, 1800. 

Chapter 22. 

RESOLVE ALLOWING THE ACCOUNTS OF THE GUARDIANS OF 
THE DUDLEY INDIANS AND GRANTING THE SUM OF 42 
DOLLARS 98 CENTS IN SETTLEMENT THEREOF. 

Whereas it appears by examining the accounts of the 
Guardains of the Dudley Indians from the 27th of May 
1799 — to the 22d Day of May 1800 — that there is due 
from the Commonwealth to said Gaurdains the Snme of 
forty two Dollars and ninty eight Cents in full for the 
expenses attending their Gaurdingship to the 22d Day of 
May 1800 : therefore 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth from the monies due to 
the said Indians to the Said Guardians the Sume of forty 
two Dollars & ninty Eight Cents in full for the expences 
attending their Gaurdainship to the Said 2 2d Day of May 
1800. June 12, 1S00. 

Chapter 23. 

RESOLVE FOR REPAIRING PROVINCE HOUSE AND GRANTING 
1500 DOLLARS FOR THAT PURPOSE. 

Resolved that Peleg Coffin Esq. Treasurer of this Com- 
monwealth, be directed to make such alterations and re- 
pairs in the Province House and out houses, as are proper 
and necessary to be made, for the accomodation and con- 
venience of his excellency the Governor to reside in, and 
that Fifteen hundred Dollars be allowed and paid out of 
the Treasury for that purpose, and the said Treasurer is 
directed to lay his accounts for said disbursements before 
the Legislature for examination and allowance as soon as 
saicl repairs are completed. June 12, 1800. 

Chapter 24. 

RESOLVE ON THE PETITION OF DAVID FOSTER, GRANTING AN 
ADDITIONAL ALLOWANCE TO HIS FORMER GRANT. 

On the petition of David Foster of Pembroke in the 
County of Plymouth, an Invalid Pensioner of this Com- 
monwealth, praying that his pension may be increased. 



Resolves, 1800. — May Session. 151 

Resolved for reasons set forth in his petition, that there 
he allowed and paid out of the Treasury of this Common- 
wealth, to the said David Foster, a further sum of Eighteen 
Dollars annually, as a pension, in addition to Fifty two 
Dollars, already established upon him for life by a Resolve 
of the 25th September 1793. June 12, 1800. 

Chapter 25. 

REPORT RESPECTING THE PRINTING BUSINESS. 

Resolved, that Messrs. Young and Minns be and hereby 
are appointed the Printers of this Commonwealth for the 
space of one year, commencing on the first day of June 
instant ; and that they furnish the paper, and do and per- 
form the printing in a workmanlike manner, and on as 
good paper as has been usually used for like purposes ; 
and the acts of the ensuing year to be on as good paper 
as the Resolves of the General Court were printed upon 
the last year, and to the acceptance of the officers respec- 
tively who shall direct the work to be done. 

And be it further Resolved, that there shall be allowed 
and paid out of the Treasury of this Commonwealth, to 
the said Young and Minns, for paper and printing afore- 
said, at the rate following, to wit — 

For eight hundred books, containing the laws that may 
be passed by the Legislature during the year, and for the 
same number of books containing the Resolutions passed 
within the period aforesaid, and covered with blue paper 
as usual, one hundred and fifty dollars, if the said Laws 
and Resolves, with an index for the Resolves make forty 
pages of folio fools-cap, if less or more than forty pages, 
the price aforesaid to be increased or diminished in pro- 
portion as the number of pages shall be less or more than 
forty ; the said books, with the indexes as aforesaid, to be 
ready to be delivered as soon after each session of the 
General Court as they can be completed. And if the 
whole number are not delivered to the Representatives 
and Senators, and, to the Selectmen, for the use of the 
several towns in the Commonwealth by the first day of 
June next, the number then remaining on hand shall be 
delivered at the Secretary's office. 

For Proclamations for Thanksgiving and for Fast at the 
rate of twenty five dollars for nine hundred. 

Blanks for Regimental returns, ruled, full sheet, three 



152 Resolves, 1800. — May Session. 

cents each ; ditto for Captains muster rolls, Captain's 
returns, Infantry returns. Cavalry returns one cent and 
a half for each blank ; ditto for Governor's Warrants on 
the Treasury, for Officers' Commissions, civil and military, 
for Sargeants' warrants, for Officers' resignations, for Gen- 
eral orders, for Treasurer's executions, for Treasurer's re- 
ceipts, one cent for each blank ; for one hundred and fifty 
tax acts fifteen dollars, and in that proportion for the whole 
number the Treasurer may order ; for warrants to accom- 
pany the tax acts, three cents each ; blanks for certifying 
leave of absence to the members of the General Court one 
cent each. For election Sermons eight cents and one half 
cent each ; blanks for precepts to choose federal Repre- 
sentatives, two cents each, provided two hundred and fifty 
blanks shall be ordered at one time, if a less number is 
ordered at one time, the price to be proportionably higher, 
if a greater number, the price of each blank diminished. 
They the said Young and Minns to do and perform all 
other printing business that may be ordered by the Legis- 
lature, or any officer of the Commonwealth not before 
enumerated, in the same proportion to the prices afore- 
said as the work so ordered shall be to the books and 
blanks before mentioned, the same to be determined by 
the Committee on accounts. 

And it is further Resolved, That the said Young and 
Minns shall not be held to deliver the wdiole number of 
books containing the laws and Resolves, as aforesaid, at 
the time in this Resolve mentioned unless the Secretary 
shall furnish the said Young and Minns with copies of the 
Acts and Resolves that have or may be passed by the Gen- 
eral Court within the year aforesaid, on or before the 15th 
day of April next ; and shall also furnish them with a form 
of the index, in four days after the said Young and Minns 
shall deliver to said Secretary a sheet or sheets containing 
the Resolves aforesaid. June 13, 1800. 

Chapter 26. 

REPORT OF THE AGENTS FOR PUBLISHING THE MAPS OF THE 
COMMONWEALTH OF MASSACHUSETTS. GRANT TO. 

Resolved That the sum of One thousand six hundred 
and thirty five dollars, be paid out of the Treasury of this 
Commonwealth to the Agents, appointed to superintend 
the compiling and publishing the Maps of the Common- 



Eesolves, 1800. — May Session. 153 

wealth, to enable them to defray the expence of engraving 
and printing the same, they to be accountable therefor. 

And it is further Resolved, That the said Agents, pro- 
ceed in their Contract for four hundred setts, as stated in 
their report, tp be delivered to the Secretary for the dis- 
posal of the General Court ; and as soon as these shall be 
com pleated to dispose of the Plates and copy-right of 
printing and vending the same, as may be most for the 
benefit of the Commonwealth, and account with the Treas- 
urer for the proceeds thereof. June 13, 1800. 

Chapter 27. 

RESOLVE ON THE PETITION OF ELEAZER TVVITCHELL, IN BE- 
HALF OF HIMSELF AND ASSOCIATES, FOR PRIVILEGE OF 
FURCHASING FART OF TOWNSHIP NO. FOUR. 

On the Petition of Eleazr. Twitchell in behalf of himself 
and his associates praying that he & they may be prive- 
ledged with purchasing the remaining half of the township 
No. four between bethel and Norway as set forth in said 
petition. 

Resolved that the Committee for the sale of Eastern 
lands are hereby authorised to Contract and sell the afore- 
said land to said Twichel and associates or to any other 
person or persons that may apply for the same for so much 
Money as said Committee shall Judge the same to be rea- 
sonably worth and to be under such restrictions and 
reservations as said Committee shall think to be Just and 
reasonable and to execute a deed for the sam[e] in behalf 
of this Commonwealth and the money arising from said 
sale s[A]all be paid into the Treasury. June 13, 1800. 

Chapter 28. 

RESOLVE ESTABLISHING THE PAY OF WILLIAM HARRIS AND 
JOSEPH LAUGHTON, FIRST CLERKS IN THE SECRETARY AND 
TREASURER'S OFFICES. 

On the Petition of Joseph Laughton and William Har- 
ris, First Clerks in the Treasurer's & Secretary's offices, 
setting forth that the establishment for their services ex- 
pired on the first day of the present session of the general 
Court, and praying the same may be renewed. 

Resolved That the pay of the said Joseph Laughton and 
William Harris be at the rate of Two dollars and fifty cents 
per day, during the time they are in actual service in the 



154 Resolves, 1800. — May Session. 

offices aforesd. commencing on the twenty eighth day of 
May in the year of our Lord 1800, and that the same be 
paid out of the Treasury of this Commonwealth. This 
establishment to continue until the last Wednesday of 
May in the year of our Lord one thousand eight hundred 
and one. June 14, 1800. 



Chapter 29. 

RESOLVE ON THE PETITION OF JOHN DEVOTION AND E. McLANE, 
CLERKS IN THE SECRETARY'S OFFICE, ESTABLISHING THEIR 
PAY. 

On the Petition of John Devotion and Edward McLane, 
Clerks in the Secretary's office. 

Resolved that the pay of the said John Devotion and 
Edward McLane be at the rate of one dollar and ninety 
two cents each per day, during the time they are in actual 
service commencing on the 28th day of May in the year 
of our Lord 1800, and that the same be paid out of the 
publick Treasury of this Commonwealth — This establish- 
ment to continue until the first Session of the next general 
Court. June 14, 1800. 

Chapter 30. 

RESOLVE ON THE PETITION OF THOMAS LINCOLN, ADMINIS- 
TRATOR OF THE ESTATE OF MARK LINCOLN, LATE OF LEOM- 
INSTER, DECEASED. 

On the petition of Thomas Lincoln, Administrator of 
the Estate of Mark Lincoln late of Leominster in the 
County of Worcester, deceased, praying for licence to 
make conveyance of certain lands in the Town of Part- 
ridgefield in the County of Berkshire, agreeably to con- 
tracts made by the said Mark, in his life time, with Hugh 
Smith & Oliver Tenny. 

Resolved, that the said Thomas Lincoln, in his capacity 
of Administrator aforesaid, be, & he hereby is authorized 
to make & execute a good & sufficient deed or deeds, con- 
veying to Hugh Smith & to his heirs & assigns forever, 
seventy Acres of land in the Town of Partridgefield afore- 
said agreeably to contract made by the said Mark with 
the said Hugh Smith. 

Resolved further, that the said Thomas Lincoln, in his 
said capacity, be & hereby is authorized to make & exe- 



Resolves, 1800. — May Session. 155 

cute a good and sufficient deed to Oliver Tenny, convey- 
ing to him, & to his heirs & assigns forever, two acres & 
one hundred rods of land in the said Town of Partridge- 
field, agreeably to contract made by the said Mark, in his 
life time, with the said Oliver Tenny. June 14, 1800. 

Chapter 31. 

RESOLVE MAKING AN ALLOWANCE TO ISRAEL JONES, ESQ. 
FOR CERTAIN SERVICES. 

On the representation of Peleg Coffin Esqr. Treasurer 
of the Commonwealth. — Setting forth That Israel Jones 
Esqr. was appointed Agent for the Commonwealth, to 
obtain a debt due the Commonwealth from Daniel Hors- 
ford of the State of Vermont. 

Resolved That there be paid out of the Treasury of the 
Commonwealth to the said Israel Jones the sum of Sixty 
dollars in full for his services in said agency. 

June 14, 1800. 

Chapter 31a.* 

ORDER TO TREASURER TO PAY THE TOWN OF WILLIAMS- 
TOWN FOR THE SUPPORT OF CERTAIN PERSONS. 

Ordered that the Treasurer pay to the town of Williams- 
town the sum allowed for supporting nursing and cloath- 
ing London Wallace and Polly Wallace, the payment of 
which was suspended untill the further order of the Gen- 
eral Court by an order passed the twenty first of June 
1799. June 14, 1800. 

Chapter 32. 

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 man- 
ner prescribed by Law, which are hereby allowed, and 
whereas the Clerk of the Court of General Sessions of 
the peace for said County, has laid before the General 
Court an estimate, made by said Court of General Ses- 
sions of the peace, of the necessary charges likely to 

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



156 Resolves, 1800. — May Session. 

arise in said County, the present year, amountg. to sev- 
enteen hundcl. Dollars : 

Resolved, That the sum of Seventeen hundred dollars, 
be, and hereby is granted as a Tax for said County of 
Plymouth, to be apportioned, assessed, collected and ap- 
plied for the purposes aforesaid agreable to Law. 

June 14, 1800. 

Chapter 33. 

RESOLVE ON THE PETITION OF LIEUT. SAMUEL TREAT, 
GRANTING HIM EIGHT DOLLARS PER MONTH. 

On the Petition of Samuel Treat of Boston, late a 
Lieut, to the Garrison on Castle Island, praying for 
Compensation for an Injury received while in the Exe- 
cution of his Duty, in preventing the escape of three 
Convicts. 

Resolved, their be allowed and paid, out of the Treas- 
ury of this Commonwealth to the said Lieut. Samuel 
Treat, eight dollars $> month, commencing the first day 
of January A. D. 1799, untill the disabillity be removed. 

June 14, 1800. 

Chapter 34. 

RESOLVE ON THE PETITION OF CAPT. JAMES FALES, AUTHOR- 
IZING THE GOVERNOR AND COUNCIL TO ESTABLISH A COM- 
PANY OF ARTILLERY IN THE 5TH REGIMENT, 2D BRIGADE 
AND 4TH DIVISION OF THE MILITIA OF THIS COMMON- 
WEALTH. 

On the Petition of Capt. James Fales, praying for 
leave to establish a Company of Artillery, in the fifth 
Regt., second Brigade, & fourth Division, of Militia in 
this Commonwealth. 

Resolved, That his Excellency the Governor, with ad- 
vice of Council, be and he is hereby authorized to estab- 
lish a Company of Artillery, in the fifth Regt. Second 
Brigade, & fourth Division, of the Militia of this Com- 
monwealth, which are to be annexed to the Battalion of 
Artillery in said second Brigade — Subject however to 
all such rules regulations and restrictions, as are or may 
be provided by Law, for regulateing & Governing the 
Militia of this Commonwealth. June 16, 1800. 



Resolves, 1800. — May Session. 157 



Chapter 35. 

RESOLVE ON THE PETITION OF OSGOOD CARLTON, GRANTING 
HIM COMPENSATION FOR HIS SERVICES IN COMPILING THE 
MAP OF THIS COMMONWEALTH. 

On the Petition of Osgood Carlton praying for Com- 
pensation for his services in compiling the Map of this 
Commonwealth. 

liesolved that there be allowed & paid out of the treas- 
ury of this Commonwealth to the said Osgood Carlton 
five hundred thirty six Dollars which with what has al- 
ready been granted him shall be in full of all his demands 
for that service. June 16, 1800. 

Chapter 35a.* 

ORDER DIRECTING THE SECRETARY TO HAVE CERTAIN ACTS 

PRINTED. 

Ordered that the Secretary of this Commonwealth be 
directed to cause three hundred copies of the several Acts 
for regulating the inspection of Salted Beef — and Butter ; 
and the inspection of Nails to be exported from this Com- 
monwealth, to be printed, and to forward such a number 
to each Collector and Naval Officer of the Customs in this 
Commonwealth, as he may judge necessary. 

June 17, 1800. 

Chapter 36. 

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER OF 
THE COUNTY OF BRISTOL 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 Bristol, that the accounts of the Treasurer of said 
County, are examined and Settled by a committe of said 
Court of Sessions in manner prescribed by Law, — and 
the Clerk of the Court of Sessions 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 One thousand 
dollars : 

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



158 Resolves, 1800. — May Session. 

Resolved, that the sum of One thousand dollars, be and 
the same is hereby granted as a Tax, for said County of 
Bristol, to be apportioned, assessed, collected and applied, 
to the purposes aforesaid, agreably to Law. 

June 17, 1800. 

Chapter 37. 

RESOLVE ALLOWING ACCOUNTS OF THE TREASURER OF THE 
COUNTY OF MIDDLESEX AND GRANTING A TAX. 

Whereas, the Treasurer for the County of Middlesex, 
has laid his Accounts, before the General Court in man- 
ner prescribed by Law, which are hereby allowed, and 
whereas, the Clerk of the Court of General Sessions of 
the peace for said County, has laid before the General 
Court an Estimate, made by the said Court of General 
Sessions of the peace, of the necessary charges likely to 
arise in said County the present year, amounting to four 
thousand five hundred dollars : 

Resolved, that the sum of four thousand five hundred 
dollars, be and hereby is granted as a Tax for said County 
of Middlesex, to be apportioned, assessed, collected, and 
applied for the purposes aforesaid, agreeably to Law. 

June 17, 1800. 

Chapter 38. 

ROLL, NO. 43. 

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. 



State Pauper Accounts. 

Dolls. Cts. 

To the Town of Abington for Supplies found Margaret 

Bennit to May 27th 1800 34 49 

To the Town of Andover for boarding, Cloathing & Doctor- 
ing Partrick Callahan to June 1st 1800 . . . . 23 40 

To the Town of Amesbury for boarding & Cloathing 
Jonathan Sidwell to May 18th 1800 62 35 



Resolves, 1800. — May Session. 159 

Dolls. Cts. 

To the Town of Brookfield for boarding, Cloathing & Doc- 
toring Luke Finney & bis wife and Cato Kim to May 1st 
1800 38 88 

To the Town of Belchertown for boarding, Cloathing & 

Nursing Betty Demrning to May 29th 1800 . . . 27 32 

To the Town of Boxborough for boarding, Cloathing & 

Nursing John Kenedy to May 28th 1800 . . . . 30 93 

To the Town of Buckland for boarding John Wilkie to May 

19th 1800 including Doctr. Joseph Aliens bill . . . 89 20 

To the Town of Barre for boarding John Christian Dandrick 

to June 1st 1800 22 

To the Town of Boston for Supporting sundry paupers from 

Deer. 1st 1799 to June 1st 1800 including Cloathing . 2079 97 

To the Town of Cape Elizabeth for boarding & Cloathing 
Betty Carroll and Supplies for James Ramsbottomb to 
May 12th 1800 103 7 

To the Town of Coldrain for boarding and Cloathing Wil- 
liam Wilson including Doctr. Samuel Ross 1 bill to May 
21st 1800 32 10 

To the Town of Conway for boarding Edward Burgess to 

May 24th 1800 .26 

To the Town of Charlemont for boarding and Cloathing 
Dennis Kennedy to May 29th and Abraham Bass to May 
30th 1800 49 50 

To the Town of Cheshire for boarding & Cloathing Ephraim 
Richardson and Supplies for the widow Rachel Gray to 
May 23d 1800 107 41 

To the Town of Carlisle for boarding, Cloathing and Doc- 
toring Robert Barber and Matthew Jemmerson to June 
7th 1800 41 83 

To the Town of Concord for boarding William Shaw to 
June 1st 1800 24 15 

To the Town of Dartmouth for boarding Mary Prince to 
May 15th 1800 and removing Thomas Lewis, Joshua 
Lewis and Mary Lewis from the Town of Dartmouth to 
Richmond in the State of Rhod Island .... 50 

To the Town of Danvers for boarding & Cloathing John 

Wooden & Joshua Bird to June 10th 1800 . . . 44 18 

To the Destrict of Dover for boarding Cloathing & Nursing 

Partrick Cawin to June 9th 1800 26 8 

To the Town of Franklin for boarding & Cloathing Alex- 
ander Reed to May 26th 1800 63 68 

To John Fleet for Doctoring Sundry State paupers in the 

Town of Boston to May 15th 1800 400 

To the Town of Framingham for boarding & Cloathing 
Betty Stephens and her Child to April 21st and Bennet 
Foster's boy to the same day 1800 13 64 

To Constant Freeman Keeper of the Alms-house in Boston 

to June 1st 1800 163 35 

To the Town of Great Barrington for boai'ding, Cloathing 
& Nursing Isaac Hoose, Catharine Iloose, Mary Hoose 
and Tom (a negro) to May 17th 1800 — Candice & her 
Child to Jauy 7th and said Child to May 17th 1800 and 
Supplies for Benjamin Worthey to said 17th of May . 85 55 

To the Town of Groton for boarding & Cloathing the wife 

and Children of John Claflin Wright to Jany. 10th 1800 . 133 73 



160 Resolves, 1800. — May Session. 



To the Town of Greenfield for boarding, Cloathiug & Doc- 
toring John Bates, and Eunice Converce to May 20th 1800 50 91 

To Josiah Gilman for Doctoring Sundry State paupers in 

the Town of York to May 24th 1800 . . . . 16 80 

To the Town of Gill for Supplies for Peter Mange to May 

24th 1800 9 13 

To the Town of Gloucester for Boarding, Cloathing & Nurs- 
ing Sundry pauper to May 10th 1800 . . . . 957 97 

To the Town of South-Hadley for boarding & Cloathing 

Peter Pendergrass to May 26th 1800 5 61 

To the Town of Hollewell for Suporting Rachel Cummings 

to the last day of May 1800 48 54 

To the Town of Holliston for boarding & Cloathing James 

Lewis to June 1st 1800 61 

To Joseph Hodgkins keeper of the House of Correction in 
the County of Essex for boarding & Cloathing Sundry 
State paupers to June 7th 1800 including the Allowance 
made by the Court of Sessions to April 4th 1800 . . 498 53 

To the Town of Lenox for boarding, Cloathing, Doctoring 
& Niu - sing Abraham Palmer, his wife and one Child, 
Christian Crow, & John Brow to May 26th 1800 . . 110 84 

To the Town of Leyden for Supplies for Jedediah Fullar, 
his wife & three Children to May 24th 1800 Doctr. Wings 
bill included 31 48 

To the Town of Leicester for boarding, Cloathing & Nurs- 
ing Noble Spencer to his death including Funeral ex- 
pences .......... 9 

To the Town of Mendon for boarding, & Cloathing Robert 

Ellison to May 25th 1800, and John Hart April 15th 1800 79 41 

To the Town of Milton for boarding Nursing & Doctoring 
James Thomas, alias Alderman an Indian till his death 
including Funeral expences — and John Gray to July 
14th 1799 47 52 

To the Town of Marblehead for boarding, Nursing & Doc- 
toring to May 26th 1800 . . . ' . . . . 24 51 

To the Town of North-Hampton for boarding & Cloathing 
Samuel Green to May 24th Nancy McMullen to June 2d 
and Supplies furnished Patience Davis to April 7th and 
John Ellis to May 19th 1800 76 18 

To the Town of Newbury for Supporting sundry paupers 

including Cloathing & Doctrs. bills to June 1st 1800 . 513 20 

To the Town of Newbury-Port for boarding and Cloathing 
Sundry paupers including Doctr. Vergnie's bill to June 
1st 1800 674 22 

To Amariah Preston for Doctoring Thomas Hardman, State 

pauper in the Town of Woburn to February 14th 1800 . 17 40 

To the Town of Plimton for Supplies for Simon Brow and 
Hannah Mitchell to March 1st 1800 Doctr. Bartlets bill 
included 83 58 

To the Town of Pittsfield for Supplies found Paul McKoy 

and family including Doer. Sturtevants bill May 15th 1800 25 95 

To Dr. William Stone for Doctoring John Harrington and 
his family to May 5th 1800 9 99 

To the Town of Swanzey for boarding & ("loathing Fenner 
Pierce (a Negro woman) and four Illegitemate Children 
born of Salley Robbins to May 23d and Esther Church to 
May 24th 1800 72 71 



Resolves, 1800. — May Session. 



161 



To the Town of Sandersfield for boarding, Doctoring & 
burying Betsey Rynolds 

To the Town of Salem for boarding & Cloathing Sundry 
Paupers to June 2d 1800 

To the Town of Upton for boarding & Cloathing Elizabeth 
Brown to February 17th 1800 

To the Town of Uxbridge for boarding & Cloathing Betty 
Trifle & David Mitchell to May 26th 1800 

To the Town of West Springfield for boarding and Cloath 
ing Lucy Kent, and Anne Pattee to May 2Uth and VVil 
liam Bell to May 1st 1800 

To the Town of Wilbraham for boarding & Cloathing John 
Brown to May 5th 1800 

To the Town of Westfield for boarding and Cloathing 
James Dewell to June 1st 1800 ...... 

To the Town of Washington for boarding & Cloathing 
Phebe Clark to May 26th inclusive .... 

To the Town of Williamstown for boarding Rachel Galu 
sha to May 15th 1800 

To the Town of Westford for Boarding and Cloathing Eliz 
abeth Wilson to May 15th 1800, including Drs. bill . 

To the Town of Western for boarding, Cloathing, Nursing 
& Doctoring William Johnson & his wife to May 1st 
1800, John Crain to June 11th and John Weakley to June 
8th 1800 

To the Town of Weymouth for boarding, Nursing & bury- 
ing Thomas Wallice 

To the Town of Winsor for boarding & Cloathing Benja- 
min Still and his wife to April 26th 1800 . 

To the Town of York for boarding Cloathing & Nursing 
William Kearswell, Sarah Kearswell, Elizabeth Perkins, 
Mary Crocker & Abigail Chappie to June 1st 1800 . 



Militia Accounts. 

To Nathaniel C. Allen Brigade Majr. for his services to 

May 2-ith 1800 . 

To George Blanchard Brigade Majr. for his services to 

Feby. 15th 1800 

To Jonathan Burrows Adjt. for his Services to May 1800 

To Samuel Cutts Adjt. for his Services to June 1800 . 

To Jeremiah Clap Brigade Majr. for his Services to May 

17th 1800 , 

To Peter Clark Adjt. for his Services to Jany. 1800 

To Christopher Hurlburt Adjt. for his Services to Septr. 1799 

To Cyrus Hosmer Adjt. for his Services to May 1800 . 

To Ephraim Hoyt Adjt. for his Services to May 1800 . 

To Caleb Howard Adjt. for his Services to Feby. 1800 

To William Jackson Brigade Majr. for his Services to May 

22d 1800 

To Joseph Kellogg Adjt. for his Services to May 22d 1800 
To Benjamin Leigh Adjt. for his Services to Feby. 24th 1800 
To David Powell for money expended for Horses in con- 
veying Artillery in Septr. last 

To Isaac Patten Adjt. for his Services to Septr. 21st 1799 
To Jonathan Snow Adjt. for his Services to Jany. 1, 1800 



Dolls. Cts. 

43 

922 22 
52 53 
50 

67 11 
61 55 
33 13 
20 50 
60 20 
69 53 

155 55 

80 
84 8 

125 67 

8972 36 

Dolls. Cts. 

48 87 

37 38 
22 65 
14 

96 2 

22 95 

23 47 
22 10 
10 25 
18 2 

39 72 

14 37 

15 92 

3 75 

18 
14 25 



162 Resolves, 1800. — May Session. 



To William Sprague Adjt. for his Services to April 30th 1800 

To Benjamin Spear for money expended for Horses in con- 
veying Artilery in Octr. 1799 

To William Lurvey for money expended for Horses in con- 
veying Artilery in Octr. last 

To Isaac Talbot Adjt. for his Services to May 26th 1800 . 

To Daniel White Adjt. for his Services to Septr. 29th 1799 

For Expences of a Court Martial whereof Colo. Gardner 
was President held in Boston August 22d 1799 . . 38 33 

For the Expences of a Court of Inquirey whereof Colo. 
Bates was President held at Taunton April 22d 1798 — 
and August 29th 1798 13 88 

To the Board of Officers appointed to determine the Rela- 
tive Rank of the Majr. Generals of the first, Second & 
third Divisions of Militia, which sat in Boston on the 16th 
& 17th days of April 1800 whereof General Goodwin was 
President 74 16 



ills. 


CtB. 


13 


5 


9 


50 


3 


75 


7 


10 


11 


87 



593 36 



Miscellaneous Accounts. 



To Joshua Holt for boarding, Cloathing & Schooling Levi 

Konkapotto June 11th 1800 25 67 

To Wheelock & Simmons for Men and Horses for calling 
the Council together in consequence of the death of the 
Lieut. Governor 35 

To Jonathan Hastings Depy. Postmaster for Postage to 

March 31st 1800 21 59J 

To Peleg Coffin Esqr. for money paid for Postage, Repairs 

of the Province House &c. to June 12th 1800 ... 59 84£ 

To Amos Lincoln for his Services &c. Repairing the prov- 
ince House to June 5th 1800 35 91 

To Samuel Gore for his Services and money expended in 
repairing the Province House Securing Maps, and for 
paint for the New State House &c. to May 14th 1800 . 129 24 

To James White for Stationary &c. for the Secretary's Office 

& for the use — General Court to June 9th 1800 . . 323 84 

To Silvanus Lapham for Assisting the Messenger of the 
General Court from the 27th of May to the 17th of June 
1800, both included Nineteen days at $ 1.50 . . . 28 50 

To Butlar Goodrich for a journey to Boston after two field 

peices 30 

To Jacob Kuhn a ballance due to him for money expended 
over and above the amount of two grants made him June 
22 1799 and January 14th 1800 147 52 

To Nathan Dane Esqr. a ballance due to him for his Service 
in Quieting Settlers on the Waldo Patten [t] (so called) 
Over and above one third part of one Thousand dollars 
Granted to him, John Sprague & Enoch Titcomb Esqrs. by 
two Resolves passed March 9th 1797, and June 27th 1798 101 20 

To Enoch Titcomb Esqr. a ballance due to him for his service 
in Quieting Settlers on the Waldo Patten [£] (so called) 
Over and above one third part of one Thousand dollars 
Granted to him Nathan Dane, & John Sprague Esqrs. by 
two Resolves passed March 9th 1797 and June 27th 1798 72 97 

1011 29 



Kesolves, 1800. — May Session. 



163 



Sheriffs' Accounts. 

To Ebenr. Mattoon for Returning Votes for Governor &c. 
to June 1800 

To Joseph Hosmer for Reward and Expence in taking up 
four Convicts & Committing them in Concord goal ; and 
Retur[«]ing Votes for Governor &c. to May 1800 . 

To George Partridge Sheriff of Plymouth Co. for distribut- 
ing precepts and Returning Votes for Federal Represent- 
atives in the first southern destrict and for Returning 
Votes for Governor &c. to June 1800 .... 

To Simon Learned for Returning Votes for Governor &c. 
and for his Sei'vices Copy & Return of the Statement made 
by Ephraim Williams Esqr. & the Resolve of the General 
Court on William Towner Esqr 

To Edmond Bridge for returning Votes for Governor &c. 
in May 1800 

To John Cooper Sheriff of the County of Washington for 
returning Votes for Governor &c. in May 1800 



Printers'' Accounts. 

To Alexander Sherman for Printing Laws &c. to June 1st 

1800 

To II. Mann for Publishing Laws &c. to Deer. 7th 1799 
To Thomas C. Cushing for publishing the Laws &c. to 

March 1st 1800 

To Thomas Dickman for publishing the Laws &c. to June 

1800 

To Angier March for publishing the Laws &c. to June 

20th 1800 

To John Russell for Publishing an Act Respecting Forgd. 

Orders three months ........ 

To Young & Minns for Printing for the Government, to 

June 12th 1800 



Convict Accounts. 

To Nathan Heard Under keeper of the Goal in the County 
of Worcester for dieting and Cloathing Eli Page to May 
28th 1800 

To Jerimiah Stanniford under keeper of the Goal in the 
County of Essex for dieting and Cloathing John Brooks 
to the time of his discharg and Samuel Walker to June 
7th 1800 ; 

To Oliver Hartshorn under keeper of the Goal in the County 
of Suffolk for dieting and Cloathing Charles Blade, Elisha 
Dillingham, & Sampson Freeman to June 11th 1800 — 
and James Obrian & James Davis to the time of their 
discharge 

To John Richardson Under Keeper of the Goal in the 
County of Middlosix for dieting and Cloathing William 
Dexter & William Davis to Jany. 10th 1800 — and John 
Wilson to April 15th 1800, and Removing William Dexter 
from Boston to Concord 



Dolls, cts. 
16 

109 27 

10 19 

17 20 
14 56 
29 60 



196 


82 


Dolls. 


Cts. 


16 


67 


16 


67 


33 


33 


16 


67 


33 


33 


5 


33 


996 


■17 



1118 47 

Dolls. Cts. 

43 96 
41 6 

126 63 

117 



328 65 



164 Resolves, 1800. — May Session. 

Aggregate of Boll No. 43. 







Dolls. Cts. 


Expences of State Paupers 


. 8972 36 


do. 


Militia 


. 593 36 


do. 


Sheriffs 


. 196 82 


do. 


Miscellaneous 


. 1011 29 


do. 


Printers 


. 1118 47 


do. 


Convicts 


. 328 65 









Read and Accepted, and thereon 

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 Twelve Thousand, two hundred & twenty dollars and 
Ninety five Cents, the same being in full discharge of the 
Accounts and demands to which they refer. 

June 17, 1800. 

Chapter 39. 

RESOLVE ALLOWING EXTRA PAY TO THE COMMITTEE ON 

ACCOUNTS. 

Resolved, that there be paid, out of the Public Treas- 
ury of this Commonwealth to the Committee appointed to 
examine & pass on accompts, for their attendance on that 
service during the present session of the General Court 
the sums annexed to their names in addition to their pay 
as Members of the Legislature : to the Honorable Isaac 
Thomson for thirteen days attendance, six dollars & fifty 
cents ; to the Honorable Thomas Hale for thirteen days 
attendance, six dollars & fifty cents ; to Silas Holman 
James Taylor & Nathl. C. Allen Esquires for thirteen 
days attendance each, six dollars & fifty cents each, which 
sums shall be in full for their services aforesaid. 

June 17, 1800. 



Chapter 40. 

RESOLVE ON THE PETITION OF JACOB KUHN, GRANTING HIM 
AN ADDITIONAL ALLOWANCE. 

On the Petition of Jacob Kuhn Messenger of the Gen- 
eral Court requesting, an additional allowance. 



Kesolves, 1800. — May Session. 165 

Resolved that there be allowed & paid out of the Treas- 
ury, to Jacob Kuhn, two huudred Dollars, for the present 
year, commencing the 30th of May last, to be in addition 
to the sum allowed him by a Resolve [of] March 26 1793, 
establishing the pay of the Messenger of the General 
Court. June 17, 1800. 

Chapter 41. 

RESOLVE REQUESTING THE GOVERNOR TO DIRECT AN EXAM- 
INATION TO BE MADE INTO THE STATE OF THE HOSPITAL 
ERECTED AT MARTHA'S VINEYARD. 

Resolved that his Excellency the Governor be requested 
to direct an examination to be made into the state of the 
Hospital, erected on Martha's Vineyard, & cause the same 
to be furnished agreeably to a resolve of the General 
Court passed the 21st day of February last. 

June 17, 1800. 

Chapter 42. 

RESOLVE GRANTING 400 DOLLARS TO JACOB KUHN. 

Resolved that there be allowed & paid out of the Treas- 
ury of this Commonwealth to Jacob Kuhn Messenger of 
the General Court the sum of Four 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 17, 1S00. 

Chapter 43. 

RESOLVE GRANTING 44 DOLLARS TO THOMAS WALLCUT. 

Resolved that there be allowed & paid out of the Public 
Treasury forty four Dollars to Thomas Wallcut assistant 
Clerk of the House of Representatives, in full of his 
service the present Session. June 17, 1800. 

Chapter 44. 

RESOLVE GRANTING 42 DOLLARS TO CHARLES F. AYLWIN. 

Resolved, that there be allowed & paid out of the Pub- 
lic Treasury of this Commonwealth to Charles F. Aylwin, 
Assistant clerk of the Senate, the sum of forty two Dol- 
lars — in full for his services the present Session of the 
General Court. June 17, 1800. 



166 Kesolves, 1800. — May Session. 



Chapter 45. 

RESOLVE GRANTING THE CLERKS OF THE SENATE AND HOUSE 
OF REPRESENTATIVES, ONE HUNDRED AND THIRTY THREE 
DOLLARS EACH. 

Resolved that there be allowed & paid out of the Public 
Treasury to Mr. Edward P. Hayman Clerk of the Senate 
One hundred & thirty three Dollars and 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. June 17, 1800. 

Chapter 46. 

RESOLVE DIRECTING THE ATTORNEY-GENERAL TO APPLY TO 
THE SUPREME JUDICIAL COURT TO SET OFF THIS COMMON- 
WEALTH'S PART OF THE OLD STATE HOUSE. 

Resolved that the Attorney General be, and he is hereby 
directed to apply to the Supreme Judicial Court for an 
order to set off to this Commonwealth their part of the 
building in the Town of Boston, commonly called the Old 
State House and the land thereto belonging, that the said 
Commonwealth may hold the same in severalty. 

June 17, 1800. 



RESOLVES 



GENERAL COURT OF MASSACHUSETTS. 

PASSED AT THE SESSION BEGUN AND HELD AT BOSTON, 
ON TUESDAY, THE ELEVENTH DAY OF NOVEMBER, ANNO 
DOMINI 1800. 



1800. — November Session. 

answer of the senate to the governor's speech at 
the opening of the session. 

May it Please Your Excellency, 

It having been generally understood, that the object of 
the Legislature, in assembling at this Season of the year, 
is the appointment of Electors of President & Vice Presi- 
dent of the United States, the Senate do not contemplate 
engaging in any other business which can conveniently be 
deferred to another Session. And sincerely do we accord 
with you in the prayer, that our suffrages may be bestowed 
on the friends of order & good Government, & that the 
result may promote the best interests of our Country. 

It is matter of regret, that any of our fellow Citizens 
should be so lost to a sense of their duty & interest, as to 
set the power of Government at defiance, & oppose their 
individual strength to that of the Community. So far as 
may depend on us, your Excellency may be assured that 
proper means will be adopted to suppress such pernicious 
evils. 

We are gratified with the information, which your Excel- 
lency has communicated with respect to the improved state 
of our Militia. We feel confident, that so much depend- 
ance is to be placed on their discipline, courage & patriot- 
ism that their Country has more to fear from the arts than 
from the Arms of her Enemies. November 13, 1800. 



168 Resolves, 1800. — November Session. 



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

May it Please Your Excellency r , 

The House of Representatives concur with your Excel- 
lency in the sentiment, that the object of their present 
Session is highly interesting, not only to our immediate 
Constituents, but to the whole People of the United States, 
since the welfare & prosperity of a Nation, essentially 
depend on the character of their Magistrates, and the 
wisdom with which their government is administered. 
Seriously impressed with this sentiment, it shall be our 
zealous endeavour, to select those who are to give their 
suffrages in this State, in the ensuing important election 
from the best informed citizens, and who have afforded 
proofs of their attachment to order & good government. — 
and may that wise and gracious Providence, which has 
hitherto directed the Counsels, & prospered the exertions 
of the American People, overrule and direct our deliber- 
ations upon this occasion for the Public good ! 

While we learn with satisfaction that tranquility gen- 
erally prevails throughout the Commonwealth, we receive 
with regret the painful information, that in one County 
some misguided & deluded Citizens have been guilty of 
violent infractions of the peace of the Commonwealth, 
and have manifested a spirit of resistance to the Law. 

Your Excellency, and the good citizens of the State, 
may be assured, that this House will co-operate in all 
proper measures to detect and punish all such enormities 
already committed, and to prevent, as far as possible, the 
commission of them in future : — For they are fully con- 
vinced with your Excellency, that indifference on the part 
of the Government, will serve to embolden the offenders, 
and to invite, by a hope of impunity, the repetition of 
similar outrages. 

The unusual improved state of the Militia, which your 
Excellency has noticed, must be highly gratifying to every 
Friend to the Rights and Dignity of our Country ; for with 
a Militia thus trained, and animated with patriotic and 
military ardor, — America will not hesitate to assert, or 
be unable to defend her National rights, against any in- 
vader. 

The important object of a National election having been 
the sole occasion of the present extraordinary Session, and 



Resolves, 1800. — November Session. 169 

the habits and convenience of the Citizens requiring a meet- 
ing of the Legislature at a later Season, we shall endeavour 
to make the present Session as short, and as little burden- 
some to the People as possible. November 13, 1800. 

Chapter 47. 

RESOLVE ON THE PETITION OF JESSE SEVERANCE, DIRECTING 
THE TREASURER TO STAY EXECUTION. 

On the petition of Jess[e] Severance, of Conway, in the 
county of Hampshire, praying that Execution, for the 
balance due from him, as a collector, for the said town of 
Conway, may be stayed. 

Resolved, for the reasons set forth in the said petition, 
that the prayer thereof be granted, and that the treas- 
urer, of this Commonwealth be and hereby is directed to 
stay Execution for the balance aforesaid, until the first day 
of May next. November 14, 1800. 

Chapter 48. 

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF BOTH 

HOUSES. 

Resolved, that there be allowed and paid out of the 
Treasury of this Commonwealth, to each Member of the 
Council, Senate, & House of Representatives, two Dollars 
per day, for each days attendance the present Session, and 
the like sum for every ten Miles distance from their re- 
spective places of abode, to the place of the sitting of the 
General Court. 

And be it further Resolved, that there be paid to the 
President of the Senate and Speaker of the House of Rep- 
resentatives, each, two dollars pr. day, for each & every 
days attendance, over & above their pay as Members. 

November 14, 1800. 



Chapter 49. 

RESOLVE ON THE PETITION OF ISRAEL ATHERTON, AUTHOR- 
IZING THE JUDGE OF PROBATE TO EXTEND THE COMMIS- 
SION OF THE COMMISSIONERS ON THE ESTATE OF CEPHAS 
PRENTISS. 

On the Petition of Israel Atherton administrator on the 
Estate of Cephas Prentiss late of Lancaster represented 



170 Resolves, 1800. — November Session. 

insolvent praying that a further time may be allowed the 
Creditors of said Estate to bring in & prove their Claims &c. 
Resolved that the prayer of the said petition be granted. 
And the Judge of Probate for the county of Worcester is 
hereby authorized & impow[er]ed to extend the Commis- 
sion of the Commissioners on the Estate of the said Cephas 
Prentiss a further time not exceeding six months from the 
present day, that the Creditors of the said Estate may 
exhibit their claims thereon for examination & allowance 
the said Commissioners giving such notice of this resolve 
& of the times & places they may appoint for receiving 
said claims as the said Judge may direct. 

November 14, 1800. 

Chapter 50. 

RESOLVE MAKING A GRANT TO THE MESSENGER OF THE 
GENERAL COURT FOR THE PURCHASE OF FUEL, &c. 

Resolved that there be allowed & paid out of the Treas- 
ury of this Commonwealth to Jacob Kuhn Messenger of 
the General Court the sum of 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. 

November 14, 1800. 

Chapter 51. 

RESOLVE ON THE PETITION OF ELISABETH LEIGHTON. 
GRANT TO. 

On the Petition of Elisabeth Leighton, Widow of Bos- 
ton in the County of Suffolk, praying the allowance of 
monies expended on a house in Court-Street, belonging 
to the Commonwealth. 

Resolved, that there be allowed & paid out of the Treas- 
ury of the Commonwealth, to the said Elisabeth Leighton, 
the sum of forty eight Dollars, in full, for the repairs, by 
her made on said House agreable to the prayer of her 
petition. November 14, 1800. 

Chapter 52. 

RESOLVE ON THE PETITION OF GEORGE PETERS, OF TISBURY, 
AUTHORIZING HIM, AS GUARDIAN, TO SELL THE LAND MEN- 
TIONED. 

On the petition of George Peters of Tisbury in. the 
County of Dukes County guardian of Joseph Tacanish an 



Resolves, 1800. — November Session. 171 

indian minor praying that he may be licensed to sell a piece 
of land the property of said Tacanish, lying in Edgarton 
in said County containing by estimation twenty acres 
bounded on all sides by land of Samuel Norton. 

Resolved for reasons set forth in said petition that the 
said George Peters guardian as aforesaid be and he hereby 
is authorized to sell and convey said land for the most the 
same will fetch and to make and execute a good and suffi- 
cient deed or deeds for that purpose — he the said George 
first giving bond with sufficient surety or sureties to the 
Judge of Probate for said County in such sum as said 
Judge shall direct conditioned that he will act faithfully 
and impartially in all things touching said sale and will 
account for the proceeds thereof as the law directs in like 
cases. November 14, 1800. 

Chapter 53. 

RESOLVE GRANTING AN ADDITIONAL ALLOWANCE TO EDWARD 

McLANE. 

On the petition of Edward McLane, a Clerk in the 
Secretary's Office. 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth, unto the said Edward 
McLane, the sum of Fifty eight Cents for each day he 
shall be in actual service, (to commence with the four- 
teenth day of Apl. last) in addition to the sum allowed 
by a Resolve of the fourteenth of June last. 

November 14, 1800. 

Chapter 54. 

RESOLVE ON THE PETITION OF TIMOTHY RICHARDSON 3D., 
EMPOWERING TAMMA FOSTER AND WILLIAM FOSTER, 2D, 
TO EXECUTE THE DEED MENTIONED. 

On the petition of Timothy Richardson the 3d. 

Resolved that the prayer of the said petition be granted, 
and that Tamma Foster, and William Foster the 2d as ad- 
ministrators on the estate of Silas Foster late of Royals- 
ton deceased be and they are hereby empowered to make 
& execute a Deed to the said Timothy Richardson of the 
Pew sold by the said Silas Foster to the said Timothy 
Richardson, which deed by them so executed — shall be 
as good and valid in Law, as tho' the said Deed had been 
duly executed by the said Silas Foster. 

November 15, 1800. 



172 Resolves, 1800. — November Session. 



Chapter 55. 

GRANT TO THE CLERKS OF THE TWO BRANCHES OF THE 
LEGISLATURE. 

Resolved that there be allowed & paid out of the public 
Treasury of this Commonwealth, to Edward P. Hayman 
Esq. Clerk of the Senate Fifty three dollars & ffo & to 
Henry Warren Esq. Clerk of the house of Representa- 
tives Fifty three dollars and thirty three Cents — on 
account of their services as Clerks aforesaid ; they to be 
accountable for the same respectively. 

November 15, 1800. 

Chapter 56. 

RESOLVE ON PETITION OF EDWARD OXNARD. 

On the petition of Edward Oxnard of Portland in 
the County of Cumberland, Merchant, and Sarah Fox 
widow and administratrix on the estate of John Fox Esq. 
of said Portland deceased, praying that said Sarah should 
be empowered to make & execute a Deed of a certain 
tract of Land in North Yarmouth in the County aforesaid 
which land the said John Fox when alive together with 
said Edward Oxnard sold to Stephen Blasdell of said 
North Yarmouth, yeoman, but did not give a Deed. 

Resolved for reasons set forth in said petition, that the 
prayer thereof be so far granted that the said Sarah Fox 
administratrix, as aforesd. be & she is hereby authorized 
& empowered in conjunction with the said Edward Ox- 
nard, to make & execute to the said Stephen Blasdell a 
good & lawful Deed of five eighths of a tract of Land in 
North Yarmouth called the Gore lot adjoining the old 
town line supposed to contain Sixty acres, on his paying 
to the said administratrix such sum as now remains due 
of the price originally stipulated to be paid to the said 
Fox for the said land, conformable to the terms of the 
original Contract. November 15, 1800. 

Chapter 57. 

RESOLVE TO SUPPLY THE VACANCIES IN THE ELECTORS OF 
PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES 
AND DIRECTING TIME OF THE MEETING OF THE SAID 
ELECTORS. 

Whereas it may so happen that one or more of the 
Electors of President and Vice President may be pre- 



Resolves, 1800. — November Session. 1 73 

vented by death, sickness resignation or otherwise from 
attending on the day appointed to give their votes : 
Therefore 

Resolved That the said Electors appointed by this court 
at their present session, be, and they are hereby, directed 
to meet at the State house in Boston on Tuesday the sec- 
ond day of December next, at ten of the clock in the 
forenoon for the purpose of supplying such vacancies. 
And the said Electors who may then and there be present 
are hereby empowered to fill up all vacancies which may 
happen as aforesaid, by electing by ballot from the people 
at large so many suitable persons for Electors of president 
and vice-president as may be necessary to supply such 
vacancies, and to declare the person or persons so ap- 
pointed by the said Electors present and empowered as 
aforesaid, or the major part of them, to be Elector, or 
Electors of the President and vice president of the United 
States, duly chosen for the purpose, and certify the same 
to. the Governor of the Commonwealth, in order that he 
may grant all necessary certificates. 

And it is further resolved — That the Secretary of the 
Commonwealth be, and hereby is, directed to transmit to 
the several Electors already appointed by this Court an 
attested Copy of this Resolve and also that he lay before 
them any Resignation of an elector which he may receive 
before the time appointed for electing the president and 
vice president. November 15, 1800. 

Chapter 58. 

RESOLVE PROVIDING FOR THE PAY OF THE ASSISTANT CLERK 
OF THE SENATE. 

Resolved, that there be allowed and paid out of the 
Treasury of this Commonwealth, to George E. Vaughan, 
Assistant Clerk of the Senate, the sum of thirty eight 
dollars, in full for his services the present session of the 
General Court. November 15, 1800. 

Chapter 59. 

GRANT TO THOMAS WALLCUT. 

Resolved that there be allowed & paid out of the Pub- 
lic Treasury to Thomas Wallcut Assistant Clerk of the 
House of Representatives Fourteen Dollars in full of his 
services the present Session, including two days writing 
previous to the Session. November 15, 1800. 



174 Resolves, 1800. — November Session. 



Chapter 60. 

GRANT TO ISAAC PEIRCE, MESSENGER OF THE COUNCIL, TO 
PURCHASE FUEL, ETC. 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth, unto Isaac Peirce, Mes- 
senger to the Governor and Council, the sum of one hun- 
dred Dollars, to enable him to purchase Fuel and other 
necessaries for the Council Chamber and Secy's. Office, 
he to be accountable for the same. November 15, 1800. 

Chapter 61. 

RESOLVE ON THE PETITION OF SARAH AMOS, AN INDIAN 
WOMAN, EMPOWERING EZEKIEL LUCE TO MAKE SALE OF 
THE LAND MENTIONED. 

On the Petition of Sarah Amos an Indian woman of 
Tisbury in the County of Dukes County praying for lib- 
erty to Sell Eeal Estate. 

Resolved that the prayer of Said Petition be granted and 
that Ezekiel Luce be and he is hereby empowered to make 
Sale of certain land belonging to the Said Sarah Amos 
bounded as follows on the west by Otice's Line Northerly 
and Easterly by Indian Land Southerly by land of Stephen 
Luce and to Sell the same for the most it will fetch, for 
the purposes of discharging Said Petitioners debts the 
charge of Sale and for the Support of the Said Sarah : the 
Said Ezekiel Luce first giving bonds to the Judge of Pro- 
bate for the County of Dukes County in Such Sum as the 
said Judge Shall direct conditioned that he will act faith- 
fully and impartially in all things touching the said Sale 
and will account for the proceeds thereof as the Law 
Directs in like casses. November 15, 1800. 

Chapter 62. 

RESOLVE ON THE PETITION OF REUBEN SMITH. 

On the Petition of Eeuben Smith the second of Sandis- 
field in the County of Berkshire & Nicholas Bond Jun. of 
Southfield in said County praying for a discharge from 
a part of the Penalty of a certain liecognizance by them 
entered into as sureties to James Robberts of Sandisfield 
aforesd. for the personal appearance of the said James 
before the Justices of the Supreme Judicial Court which 
was holden at Lenox within & for the said County of 



Resolves, 1800. — November Session. 175 



Berkshire on the first Tuesday of October in the Year of 
our Lord one thousand seven hundred & ninety nine — in 
which Recognizance the said James was bound as principal 
in the sum of one thousand dollars, to the Commonwealth, 
and the said Nicholas & Reuben severally as sureties in 
the sum of one thousand dollars — on which recognizance 
the said Principal & sureties have been defaulted & writs 
of scire facias have issued against them severally for the 
said sum of one thousand dollars — & the several actions 
aforesd. against the said sureties stand continued for Judg- 
ment to the next Term of said Supreme Judicial Court to 
be holden at Lenox within & for said County of Berkshire 
on the last Tuesday of May next. 

Resolved that the said Supreme Judicial Court be & they 
hereby are authorized to render Judgment against the said 
Nicholas & Reuben in the several actions aforesd. at the 
same term of said Court for the sum of five hundred dollars 
each, Debt & Costs of suit — any thing in the Recognizance 
and writs of Scire facias aforesd. contained notwithstand- 
ing. November 15, 1800. 



Chapter 63. 

RESOLVE REQUESTING THE GOVERNOR, WITH THE ADVICE 
OF COUNCIL, TO ISSUE A PROCLAMATION OFFERING A RE- 
WARD FOR THE APPREHENSION OF CERTAIN NOTORIOUS 
OFFENDERS IN THE COUNTY OF HANCOCK. 

Resolved that his Excellency the Governor be & he 
hereby is Requested, with the advice & consent of the 
council to Issue his proclamation offering rewards to any 
person or persons for apprehending and bringing to legal 
punishment, any of those notorious offenders who were 
concerned in firing upon, & wounding Broadstreet Wiggins 
& others who were surveying land in the county of Han- 
cock on the eighteenth day of July last. 

And it is further Resolved that there be, & hereby is 
granted a sum not exceeding one thousand dollars for the 
purpose of defraying the expence which may arise in carv- 
ing this Resolve into Elfect. November 15, 1800. 



176 Resolves, 1800. — November Session. 



Chapter 64. 

RESOLVE GRANTING HON. THOMAS DAWES AND EDWARD H. 
ROBBINS, ESQUIRES, AGENTS FOR BUILDING A STATE PRISON, 
2,000 DOLLARS TO PAY FOR A LOT OF LAND AT CHARLESTOWN. 

Resolved that there be allowed and paid out of the Treas- 
ury of this Common wealth to the hon. Thomas Dawes and 
Edward H. Bobbins Esqrs. Agents to build a State Prison, 
the sum of two thousand Dollars to pay for a lot of land 
they have purchased of Archibald McNeill in Charlestown 
to erect a State Prison on. November 15, 1800. 

Chapter 65. 

GRANT TO MESSRS. MANNING AND LORING, PRINTERS. 

Resolved that there be paid out of the Public Treasury 
to Messrs. Manning & Loring — Printers, Five hundred 
Dollars on account to enable them to fulfill their Contract 
in completing a new Edition of the Laws of the Common- 
wealth — On condition that the said Manning & Loring 
shall make such security as shall be satisfactory to the 
Treasurer of the Comon wealth, that they will refund the 
aforesaid money, if they shall not execute their said con- 
tract to the acceptance of the Genl. Court. 

November 15, 1800. 



RESOLVES 



GENERAL COURT OF MASSACHUSETTS. 

PASSED AT THE SESSION BEGUN AND HELD AT BOSTON, 
ON THURSDAY, THE TWENTY-SECOND DAY OF JANUARY, 
ANNO DOMINI, 1801. 



1800. — January Session. 
Chapter 66. 

RESOLVE ON THE REPRESENTATION OF THE TREASURER, RE- 
SPECTING A NOTE SIGNED BY PARK HOLLAND AND OTHERS, 
AUTHORIZING THE TREASURER TO RECEIVE THE SUM MEN- 
TIONED, AS SATISFACTION FOR THE JUDGMENT RECOVERED. 

On the Representation of the Treasurer of this Common- 
wealth stating that application has been made to him to 
receive the monies due on a certain note of hand signed 
by Park Holland, Isaac Maltby and Jonathan Maynard, 
dated 2d of March 1795, for the sum of seventeen hundred 
and thirty two dollars twenty four cents (Judgment of 
Court having been had thereon as of record appears) in 
the liquidation of which more interest has been demanded 
by them under the construction of a Resolve passed 10th 
June 1799, than is therein intended or expressed. For 
the full explanation thereof 

Be it Resolved that the Treasurer of this Commonwealth 
be and he is hereby authorised to receive the sum of eleven 
hundred ninety six dollars and thirty four cents as sat- 
isfaction in full for the Judgment recovered on the note 
aforesaid, and on receipt thereof to discharge said Judg- 
ment accordingly. January 23, 1801. 



178 Resolves, 1800. — January Session. 



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

May it Please Your Excellency, 

The Senate of Massachusetts receive with great satis- 
faction your Excellency's address to both Houses of the 
Legislature. We consider it as affording new proof, not 
only of the wisdom, but of the purity of intention by which 
you are governed. 

We have abundant cause of gratitude for the general 
health and uncommon prosperity enjoyed by our fellow 
citizens throughout the Commonwealth. We shall cheer- 
fully contribute our vigilant and faithful endeavors to 
preserve their present advantages, and promote their last- 
ing reputation and interest ; to check the alarming growth 
of vice and impiety ; to cherish the institutions for moral 
instruction, and the education of youth, and to maintain 
the principles of justice, and provide for its equal admin- 
istration in every part of the Commonwealth. 

As the happiness of the great body of the people of the 
United States, is inseperably connected with the welfare 
and prosperity of the community, it needs only that they 
be correctly informed, to remove groundless prejudices, 
and to extinguish the spirit of party and undue attachment 
to any foreign country ; and to induce a consistency and 
uniformity of national character. 

The conduct of the government of the United States 
towards the nations of Europe, has been uniformly marked 
with rectitude and moderation. And the wisdom of those 
measures of maritime defence which the injustice and jeal- 
ousy of the contending nations, have compelled us to resort 
to, is verified in their effects ; which have not only justi- 
fied the expectations of the most sanguine, but must also 
have created a general confidence in the System which 
has been so happily successful. 

We have equal cause of mutual felicitation for the secu- 
rity which the Federal Government has hitherto afforded 
to our internal tranquillity ; a blessing, which had the old 
confederation continued, we could hardly have hoped for 
at this eventful crisis. 

And as we have still a confidence in the holy oracles of 
our religion, & therefore believe that a tree may be known 
by its fruit, so we think that no honest man can pronounce 



Resolves, 1800. — January Session. 179 

that form of Government to be bad, or that Administration 
wicked or corrupt which, under Heaven has advanced our 
nation to a degree of prosperity, to which there is no 
parallel in the history of mankind. 

We learn with great satisfaction the prosperous state 
of the finances of this Commonwealth, & that our publick 
debt may be soon cancelled without imposing any unusual 
burdens on our constituents. This desirable state of things 
is undoubtedly to be considered as one of the happy con- 
sequences of adopting the federal constitution ; without 
which our state government would have been unable to 
satisfy the just claims of their creditors, but by resorting 
to modes of taxation much more inconvenient than any 
which the general government have hitherto found neces- 
sary. 

The several matters of local concern which your Excel- 
lency has suggested, shall receive our prompt and serious 
attention. Impressed as we are, with a full belief that the 
force of example contributes, in an eminent degree, to the 
efficacy of the wisest laws, we not only consider it our 
duty to attempt to provide such additional regulations as 
may be necessary to secure our constituents in the enjoy- 
ment of the fruits of their labor against every species of 
injustice or oppression, but, by our personal obedience 
and respect for the laws of our Country, to allure our fel- 
low Citizens to yeild them a voluntary support. 

January 20, 1801. 

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 present their thanks to 
your Excellency for the important communications you 
have been pleased to make in your address to the two 
branches of the Legislature. 

The general scene of prosperity and progressive im- 
provement exhibited to our view in the various parts of 
the Commonwealth, do, indeed afford just cause of satis- 
faction and mutual congratulation. 

The fruitfulness of the seasons, the success of our fish- 
eries & commerce, together with the general state of health, 
and many other blessings of an all bountiful providence 
during the last year, ought to excite our gratitude ; which 



180 Resolves, 1800. — January Session. 

will be much enhanced by a contrast of our situation with 
a great part of Europe where the horrors of war have 
seemed to threaten the extinguishment of individual and 
social happiness. 

Rejoicing, as we do, in this state of public felicity we 
shall at the same time faithfully endeavour to secure and 
perpetuate the interests and reputation of our Constitu- 
ents ; — to check to the utmost of our power the growth 
of vice and impiety ; to cherish the institutions for moral 
instruction and the education of youth ; to maintain the 
principles of justice and provide for its equal administra- 
tion in every part of the Commonwealth. For we believe 
that religion & virtue, justice & general information, are 
the only securities of a free government. 

We cordially unite with your Excellency in sentiment, 
that our obligations to support the Federal constitution 
require us to attend to national affairs ; to endeavour to 
diffuse correct information concerning them anions: our 
fellow-citizens, to remove groundless prejudices and dis- 
countenance the spirit of party, and an undue attachment 
to any foreign nation, and to do all in our power to in- 
crease the respectability of the American character. 

The commencement of the maritime war in Europe was 
distinguished by the policy and wisdom of the General 
Government — Deciding at once upon an exact & impar- 
tial neutrality, it had just cause to expect to preserve our 
rights unmolested by its religious fulfilment of treaties and 
sacred regard to the laws of nations. But the jealousy of 
the belligerent powers soon led them to obstruct our com- 
merce which they justified on such pretexts as constrained 
the government to have recourse to our own exertions for 
that security, which it in vain expected from their justice 
— Accordingly a naval force was created the services of 
which have restrained depredation, and open'd to view 
resources for a day of still greater trial. 

We entirely agree with you, Sir, that delicate and haz- 
ardous is the predicament of a neutral nation — Such a 
position cannot generally be long maintained unless by 
a respectable armed force — With such a force at its com- 
mand, a neutral nation may most commonly have its rea- 
sonable complaints redressed, without being compelled to 
the exercise of its energy. — 

As we are of opinion that the General Government, in 
our foreign relations, has uniformly acted with modera- 



Resolves, 1800. — January Session. 181 

tion, impartiality and wisdom, so we conceive, that we 
should, on this occasion, neglect our public duty were we 
not to express our full approbation of its measures. 

All, who shall recollect the languor and difficulties which 
pervaded our internal public affairs in the period which 
succeeded our revolutionary war, and which continued 
until the establishment of the Federal government, will 
be convinced that we were then utterly unprepared to 
meet the great exigencies which have since arisen. That 
the General Government, in a crisis of the affairs of man- 
kind, has hitherto, by the favor of Divine Providence, pre- 
served the Citizens of the United States from the unlimited 
evils of disunion, and anarchy, will not be questional by 
any candid person, who reflects on the circumstances of 
the times. 

The objections which the opponents of the administra- 
tion have brought forward against it, at various times are 
amply refuted, by the present highly improved condition 
of the United States. 

But through whatever medium the operations of the 
general government may be view'd by others the House 
of Representatives freely give it as their opinion that the 
first twelve years of its administration which have been 
directed in succession by the virtues & talents of a Wash- 
ington and an Adams will forever form an honorable & 
brilliant part of the American history. That each suc- 
ceeding year may equal or surpass the happiness of the 
former, may increase the affection and consolidate the 
good understanding of the Citizens of the respective states 
for each other, must be the devout wish of every sincere 
American ! 

The people of this State will well recollect that when the 
federal constitution was form'd, they were oppressed with 
an almost insupportable weight of taxes, from which they 
are relieved by a settlement of the public accounts, and 
the assumption of the State debts. 

The information respecting the finances of the State is 
highly satisfactory, and when the Treasurer shall exhibit 
a particular statement thereof, the subject shall receive 
the consideration its importance merits. 

The report of the. Quarter master General shall also be 
duly noticed, and it affords this House great satisfaction 
to learn that our military stores are so abundant, that our 
well organiz'd militia, whose discipline reflects so much 



182 Resolves, 1800. — January Session. 

honor on the Commonwealth, may be fully supplied, in 
ease the public service should render it necessary. 

The provisions for the suppression of Lotteries not al- 
lowed or established by the Legislature ; the Inspection 
laws, and the other subjects recommended in your Excel- 
lency's communication will receive a respectful attention 
in the course of the present session, which we hope will 
be conducted with that spirit of candor and harmony, 
which you have been pleased to observe, prevailed in the 
former session. 

We are happy in the reflexion that the rights and liber- 
ties of our fellow-citizens are secured by wise standing 
laws, should any measures occur which will tend to melio- 
rate their condition, or increase their security we will 
chearfully adopt them — But we are fully sensible that the 
wisest and best laws will not be duly observ'd unless they 
are enforced by the example of those who make & exe- 
cute them. 

The active patriotism and love of order, which have dis- 
tinguish'd your Excellency's life, are sure pledges of your 
zealous disposition to co-operate in every measure calcu- 
lated to promote the public welfare. 

January 27, 1801. 



Chapter 67. 

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 accounts are hereby allowed : 
And Whereas the Clerk of the Court of General Sessions 
of the Peace for the said County of Norfolk has laid before 
the General Court an estimate made by the said Court of 
General Sessions of the Peace for the said County of Nor- 
folk of the debts due from, and of the necessary charges 
likely to arise within the said County the present year 
amounting to Three Thousand & six hundred Dollars : 

Resolved that the sum of Three thousand and Six hun- 
dred Dollars be & hereby is granted as a tax for the said 
County of Norfolk, to be apportioned, assessed, collected, 
& applied in manner as the Law directs. 

January 27 \ 1801, 



Resolves, 1800. — Januaky Session. 183 



Chapter (>8. 

RESOLVE ON THE PETITION OF CESAR GIMBEE, &C. AUTHOR- 
IZING THE TRUSTEES OF THE GRAFTON INDIANS TO MAKE 
SALE OF THE LAND MENTIONED, 

On The Petition of Csssar Gimbee & Moses Gimbee Two 
of the Grafton Indians so called, praying that the Trus- 
tees of said Indians may be impowerd to sell and convey 
certain real Estate belonging to the [said] Csesar Ginibee 
& Moses Gimbee. 

Resolved, for the reasons set Forth in said Petition, 
That Benj. Hey wood & Isaac Harrington Trustees of 
the Grafton Indians, be and they are hereby empowerd 
to make sale of about seventeen Acres of Land lying in 
Grafton belonging to the said Caesar & Moses Gimbee, 
for the best Benefit & advantage of the said Cresar & 
Moses — and that the said Hey wood & Harrington Trus- 
tees aforesaid, be and they are hereby empowerd, to 
make and execute good and sufficient conveyances of the 
right which the said Csesar and Moses Gimbee have in & 
unto the Land aforesaid — and that the proceeds of the 
sale be appropriated to the use of the said Csesar & Moses 
Gimbee. January 27, 1801. 



Chapter 69. 

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 accounts are hereby allowed : And 
Whereas the Clerk of the Court of General Sessions of 
the Peace for said County, has laid before the General 
Court an estimate, made by the said Court of General 
Sessions of the Peace for the said County of Essex of the 
necessary charges likely to arise within said County the 
present year amounting to Two Thousand One hundred 
& twenty Dollars : 

Resolved that the said sum of Two thousand, One hun- 
dred & twenty Dollars, be and hereby is granted as a tax 
for said County of Essex, to be apportioned assessed, 
collected, & applied in manner as the Law directs. 

January 27, 1801. 



184 Resolves, 1800. — Januaky Session. 



Chapter 70. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF WASHINGTON AND GRANTING A TAX. 

Whereas the Treasurer of the County of Washington 
has laid his accounts before the General Court in manner 
prescribed by Law, which accounts are hereby allowed : 
and Whereas the Clerk of the Court of General Sessions 
of the Peace for said County has laid before the Genera] 
Court an estimate, made by the said Court of General Ses- 
sions of the Peace for said County of Washington of the 
necessary charges likely to arise within the said County 
the present year, amounting to Eight hundred & twenty- 
five Dollars : 

Resolved that the sum of Eight hundred and twenty 
five Dollars, be and hereby is granted as a Tax for the 
said County of Washington — to be apportioned, assessed, 
collected, and applied in manner as the Law directs. 

January 27, 1801. 



Chapter 71. 

RESOLVE ALLOWING THE 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 accounts are hereby allowed : 
And Whereas the Clerk of the Court of General Sessions 
of the Peace for the said County has laid before the Gen- 
eral Court an estimate, made by the said Court of General 
Sessions of the Peace for the said County of Barnstable 
of the necessary charges likely to arise, — within the said 
County the present year, amounting to Eleven hundred 
and fifty Dollars : 

Resolved that the sum of One Thousand One hundred 
& fifty Dollars, be and hereby is granted as a Tax for said 
County of Barnstable to be apportioned, assessed, col- 
lected, and applied in manner as the Law directs. 

January 28, 1801. 



Resolves, 1800. — January Session. 185 



Chapter 72. 

RESOLVE ON THE PETITION OF NANCY FAIRBANKS, AND SAM- 
UEL FAIRBANKS. 

On the petition of N:incy Fairbank and Samuel Fair- 
banks administrators of the Estate of Laban Fairbanks 
late of Mendon in the county of Worcester deceased, 
praying to be authorized to make a deed of twenty seven 
acres of land to Nathan Daniels. 

Resolved that Nancy Fairbanks & Samuel Fairbanks, 
administrators of the Estate of Laban Fairbanks late of 
Mendon deceased, are hereby authorized & empowered in 
tbeir capacity of administrators aforesaid to make & Exe- 
cute (to Nathan Daniels) a good & lawfull deed of twenty 
seven acres of land in Mendon aforesaid being the same 
land that the Said Laban sold in his life time to the said 
Nathan, provided that he shall pay the said administra- 
tors the remainder of the money for which said land was 
sold, & the interest of the same from the time of said 
sale, which money shall be applied by them to the pay- 
ment of the Said deceased's Just debts, and the said ad- 
ministrators shall be accountable to the Judge of probate 
for the county of Worcester in the settlement of their 
accounts for the money so received. 

January 28, 1801. 

Chapter 73. 

RESOLVE VESTING THE COMMISSIONERS APPOINTED TO AS- 
CERTAIN THE BOUNDARY LINE BETWEEN THIS COM- 
MONWEALTH AND CONNECTICUT WITH THE NECESSARY 
POWERS. 

Whereas by an act passed on the eighth day of March 
in the year of our Lord one thousand seven hundred 
and ninety one entitled " An Act appointing Commis- 
sioners on the part of this Commonwealth for ascertain- 
ing the boundary line between this Commonwealth and 
the State of Connecticut " The Honourable John Worth- 
ington Nathaniel Gorham and Samuel Lyman Esqrs. were 
appointed commissioners for carrying into effect the pur- 
poses of said act, and whereas, said persons having all 
resigned said appointment, the Legislature have desig- 
nated other persons hereinafter named to supply their 
places : Therefore 



186 Resolves, 1800. — January Session. 

Resolved That the Hon. Timothy Bigelow, Esqr. George 
Bliss and John Hooker, Esqrs. or in case of the death or 
resignation of either of them such other persons as may 
hereafter be designated for this purpose by the Legislat- 
ure be and they hereby are invested with all the authority 
and power which was delegated by the act aforesaid to 
the persons therein named, as fully as if their names had 
been inserted therein and his Excellency the Governour is 
hereby requested to commission them accordingly. 

Jamiary 28, 1S01. 

Chapter 74. 

RESOLVE ON THE PETITION OF CAROLINE FRANCOEUR. 

( )n the Petition of Caroline Francoeur, wife to John 
Francoeur — late of Wrentham in the County of Norfolk 
Trader praying that she may be impowered generally, 
either by herself or her Attorney, to appear in all causes 
that are or may be brought in the name of the said John 
Francour, her husband, now absent' in Europe, & to 
prosecute & defend the same to final Judgment & Execu- 
tion, & also to appear & defend all actions that are or may 
be brought against said Francoeur, in his absence &c. 

Resolved that the said Caroline Francoeur, for reasons 
set forth in her petition, be & she is hereby authorised 
& impowered, during the absence of her husband, to 
appear either by herself or her Attorney in all causes, 
that are or may be brought, in her said husband's name & 
to prosecute the same to final judgment & execution, & 
also to appear by herself or her Attorney, to defend all 
actions, that now are, or that may hereafter be com- 
menced against him, provided, that the said Caroline first 
make & execute a Bond, to the judge of Probate for the 
County of Norfolk, with sufficient sureties, conditioned, 
that all the property taken & recovered by virtue of this 
Power, shall be accounted for by the said Caroline, or her 
Attorney, to the said John Francoeur, should he return 
and demand it. January 29, 1801. 

Chapter 75. 

RESOLVE ON THE PETITION OF THE JUSTICES OF THE COURT 
OF GENERAL SESSIONS OF THE PEACE FOR THE COUNTY 
OF WORCESTER, GRANTING A TAX FOR THE BUILDING OF 
THE COURT HOUSE. 

On the petition of the Justices of the Court of General 
Sessions of the peace, within and for the County of Worces- 



Resolves, 1800. — January Session. 187 

ter, praying that a tax upon the Inhabitants of that County 
of seven thousand six hundred and sixty six dollars sixty 
seven cents may be granted for the purpose of building a 
Court house in Worcester in the same County. 

Resolved That the prayer of said petition be granted 
and that a tax of seven thousand six hundred and sixty 
six dollars sixty seven cents, shall be assessed upon 
the polls and estates in the County of Worcester, for the 
purpose of building a Court house in the town of Worces- 
ter in said County, in manner following that is to say — 
four thousand dollars part of said sum shall be assessed 
on said polls and estates in the present year, and three 
thousand six hundred and sixty six dollars sixty seven 
cents the remainder of said first mentioned sum shall be 
assessed on said polls and estates in the year of our Lord 
one thousand eight hundred and two. Provided never- 
theless, that if any town within said County which may be 
taxed their proportion of either of the sums aforesaid for 
the purpose aforesaid, shall within ten years next after 
the assessing of any such tax be severed from said County 
and incorporated with any other County, such town so 
severed shall have a right to recover of the said County 
of Worcester any sum which they shall have been assessed 
and paid towards the tax aforesaid within the term of ten 
years next preceding the time of their being so severed ; 
and an action shall accrue to such town to recover and 
have any such sum, of the said County of Worcester 
accordingly. January 29, 1801. 

Chapter 7G. 

RESOLVE ON THE PETITION OF ISAAC PARSONS, ADMINISTRA- 
TOR ON THE ESTATE OF JOSIAH NOYES, LATE OF FAL- 
MOUTH, IN THE COUNTY OF CUMBERLAND, DIRECTING THE 
SECRETARY IN THIS CASE. 

On the Petition of Isaac Parsons Administrator on ye 
Estate of Josiah Noyes late of Falmouth in the County of 
Cumberland deceased. 

Resolved that an original Receipt given to said Noyes 
by ye late Treasurer of ye late province of ye Massachu- 
setts for ye sum of two hundred and fourteen pounds seven 
shillings lawful money of sd. Province paid into ye Treas- 
ury thereof by ye sd. Noyes, be delivered by ye Secretary 
of the Commonwealth in whose hands ye same now rests, 
ye sd. Secretary taking a Copy thereof to be attested by 
himself & acknowledged by said Parsons Admr. of said 
Noyes to be a true Copy thereof. January 30, 1801. 



188 Resolves, 1800. — Jan u amy Session. 



Chapter 77. 

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 aecounts before the General Court, in manner prescribed 
by Law, which accounts are hereby allowed : And Whereas 
the Clerk of the Court of General Sessions of the Peace 
for said County has laid before the General Court an esti- 
mate, made by the said Court of General Sessions of the 
Peace for the said County of York, of the necessary 
charges likely to arise within the said County the present 
year amounting to Two thousand Dollars : 

Resolved that the sum of Two thousand Dollars be and 
hereby is granted as a Tax for the said County of York, 
to be apportioned assessed, collected & applied in manner 
as the Law directs. January 30, 1801. 



Chapter 78. 

RESOLVE ON THE PETITION OF REUBEN SMITH, AUTHORIZING 
THE SUPREME JUDICIAL COURT TO RENDER JUDGMENT 
AGAINST HIM FOR A PORTION ONLY OF THE RECOGNI- 
ZANCE ENTERED INTO BY HIM. 

On the petition of Reuben Smith the second of Sandis- 
field in the County of Berkshire praying for a discharge 
in part of a certain recognizance by him entered into for 
the appearance of James Roberts of Sandisfield aforesaid 
before the Justices of the Supreme Judicial Court which 
was holden at Lenox within & for said county of Berk- 
shire on the first tuesday of October in the year of our 
LORD one thousand seven hundred and ninety nine, on 
which a writ of scire facias has issued against the said 
Reuben. 

Resolved that the said Supreme Judicial Court be and 
they hereby are authorized to render Judgement against 
the said Reuben in the action aforesaid, for the sum of 
four hundred dollars only any thing in the recognizance 
and writ of scire facias aforesaid notwithstanding. 

February 5, 1801. 



Resolves, 1800. — January Session. 189 



Chapter 79. 

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 pre- 
scribed by Law, which accounts are hereby allowed — And 
Whereas the Clerk of the Court of General Sessions of the 
Peace for the said County of Worcester has laid before the 
General Court an estimate made by the said Court of Gen- 
eral Sessions of the Peace for the said County of the neces- 
sary charges likely to arise within the 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 the said County of 
Worcester, to be apportioned, assessed, collected, and 
applied in manner as the Law directs. 

February 4, 1801. 

Chapter 80. 

RESOLVE ON THE PETITION OF DAVID FAY, GRANTING HIM 
EIGHTY DOLLARS. 

On the petition of David Fay, an Ensign in the 5th 
Regiment of the 1st Brigade, in the 4th Division of 
Militia, setting forth, that in the execution of his duty as 
a Militia Officer he received a wound by an accidental 
thrust of a bayonet through his thigh which has subjected 
him to confinement and expences more than he has ability 
to bear, and praying relief from this Court. 

Resolved that there be paid out of the Public Treasury 
to the said David Fay, the sum of Eighty Dollars, and 
his Fxcellency the Governor with advice of Council is re- 
quested to issue a warrant accordingly. 

February 5, 1801. 

Chapter 81. 

RESOLVE ABATING THE TOWN OF COLUMBIA CERTAIN SUMS 

OF MONEY. 

Whereas, by a Resolve, which passed the General Court 
the 2<lth of March 1788, all lands which should be sold 
pursuant to said Kesolvc, by the Committee for the sale 



190 Resolves, 1800.: — January Session. 

of Eastern Lands, were exempted from taxes, for the space 
often years ; and whereas, Townships No. 12 & 13, which 
have since been incorporated into a Town, by the name 
of Columbia were, since the year 1790, sold by said Com- 
mittee, according to the Resolve aforesaid ; notwithstand- 
ing which said Town of Columbia was assessed, in the tax 
for the year 1799, forty four Dollars & fifty eight cents ; 
And in the tax for the year 1800, forty four Dollars & 
fifty eight cents : 

Resolved, that the aforesaid sums be abated to the said 
Town of Columbia — And the Treasurer is hereby directed, 
to discharge said Town, from the Taxes aforesaid. 

February 5, 1801. 

Chapter 82. 

RESOLVE ON THE PETITION OF LUCY HECTOR AND HANNAH 
GIMBIE, EMPOWERING THE TRUSTEES OF THE GRAFTON 
INDIANS TO SELL A PARCEL OF LAND FOR THEIR BENEFIT. 

On the petition of Lucy Hector and Hannah Gimbie two 
of the Grafton Indians — praying to have the Trustees of 
said Indians impowered to Sell so much of their laud (after 
their division of said land) as will be Sufficient to defray 
the Expences of Building them a Small dwelling House. 

Resolved for reasons Set forth In Said petition that the 
Trustees of the Grafton Indians are hereby impowered to 
Sell So much of the Said Indians land as will Enable them 
to Build a Small dwelling House Suitable for the Condi- 
tion of the Indians aforesaid. February 6, 1801. 

Chapter 83. 

RESOLVE ON THE PETITION OF JOHN WARREN, ALLOWING 
HIM TWO YEARS FOR THE COMPLETION OF THE SETTLE- 
MENT OF THE TOWNSHIP MENTIONED. 

On the petition of John Warren Esqr. praying for an 
extension of the time allowed for compleating the settle- 
ment of Township Number Four in ye fourth Range north 
of ye Waldo Patent and of number Three in the first Range 
north of ye Plymouth Claim. 

Resolved for ye reasons set forth in said petition, that 
two years shall be allowed to the said John Warren & his 
assigns, in addition to ye periods originally granted, for 
compleating the settlement required by the contracts for 
said townships, upon Township Number Four in the Fourth 



Resolves, 1800. — January Session. 191 

range of townships north of the Waldo patent and upon 
Township Number Three in ye first Range of townships 
North of the Plymouth claim. February 6, 1801. 



Chapter 84. 

RESOLVE ON THE PETITION OF BENJAMIN THOMPSON, DIS- 
CHARGING HIM FROM THE JUDGMENT MENTIONED AND 
GRANTING HIM 168 DOLLARS. 

On the Petition of Benjamin Thompson praying that he 
& his Son Benja. Thompson Junr. may be discharged from 
the Judgments mentioned in said Petition & that the Money 
they have paid on the. Executions that have issued on said 
Judgments may be refunded to them. 

Resolved that the Prayer of said Petition be so far 
granted, that the said Benja. Thompson be wholly dis- 
charged from the Judgment mentioned in said Petition & 
that the Sum collected on the said Execution be refunded 
to him ; and that there be paid out of the Treasury of this 
Commonwealth to the said Benjamin Thompson the Sum 
of one Hundred & Sixty eight Dollars. 

February 6, 1801. 



Chapter 85. 

RESOLVE ALLOWING ACCOUNTS OF THE TREASURER OF THE 
COUNTY OF DUKES COUNTY AND GRANTING A TAX. 

Whereas the Treasurer of the County of Dukes County, 
has laid his accounts before the General Court in manner 
prescribed by Law, which accounts are hereby allowed ; 
And Whereas the Clerk of the Court of General Sessions 
of the Peace for the said County has laid before the Gen- 
eral Court an estimate made by the said Court of General 
Sessions of the Peace for the said County of Dukes County, 
of the necessary charges likely to arise within the said 
County for the present year, amounting to Four hundred 
Dollars : 

Resolved that the sum of Four hundred Dollars be and 
hereby is granted as a Tax for the said County of Dukes 
County, to be apportioned, assessed, collected, and applied 
in manner as the Law directs. February 0, 1801. 



192 Resolves, 1800. — January Session. 



Chapter 86. 

RESOLVE ON THE PETITION OF JONATHAN H. LOVETT AND 
OTHERS, AUTHORIZING THE GOVERNOR WITH THE ADVICE 
OF COUNCIL, TO RAISE A COMPANY OF LIGHT INFANTRY 
IN 3D REGIMENT, 1ST BRIGADE, AND 2D DIVISION OF MILITIA. 

On the Petition of Jona. H. Lovett & others, praying 
for leave to raise a Company, of Light Infantry, in the 
Town of Beverly. 

Resolved, that his Excellency the Governor, with con- 
sent of Council, is hereby authorized to raise a Company 
of Light Infantry, in said Town of Beverly, being in the 
third Regiment, first Brigade, & Second Division, of the 
Militia of this Commonwealth, to be annexed to said third 
Regiment, and Subject to such rules, and Regulations, as 
are or may be provided by Law for the Gover[«]ment of 
the Militia of this Commonwealth. February 9, 1801. 

Chapter 87, 

RESOLVE ON THE PETITION OF JOHN PHILLIPS, JUN. AND 
OTHERS, AUTHORIZING THE GOVERNOR, WITH ADVICE OF 
THE COUNCIL, TO RAISE A COMPANY OF LIGHT INFANTRY 
IN THE 3D REGIMENT, 2D BRIGADE, AND 2D DIVISION OF 
THE MILITIA. 

On the petition, of John Phillips Junior and others, 
praying for leave to raise a Company of Light Infantry, 
in the third Regiment, Second Brigade, & Second Divi- 
sion of the Militia. 

Resolved, That his Excellency the Governor, with Advice 
of Council, be & hereby is authorised to raise a Company 
of Light Infantry, in the aforesaid third Regiment, second 
Brigade, & Second Division of the Militia of this Common- 
wealth, to be attached to the said third Regiment, and sub- 
ject to all the rules & regulations that are or may be, by 
Law provided for the Gover[n]ment of the Militia within 
this Commonwealth. February 9, 1801. 

Chapter 88. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF CUMBERLAND AND GRANTING A TAX. 

Whereas the Treasurer of the County of Cumberland, 
has laid his accounts before the General Court in manner 
prescribed by Law, which accounts are hereby allowed : 



Resolves, 1800. — January Session. 193 

And Whereas the Clerk of the Court of General Sessions 
of the Peace for the said County, has laid before the Gen- 
eral Court, an estimate made by the said Court of General 
Sessions of the Peace for the said County of Cumberland 
of the necessary charges, likely to arise within the said 
County for the present year, amounting to Two Thousand 
five hundred Dollars : 

Resolved that the said sum of Two Thousand five hun- 
dred Dollars, be & hereby is granted as a Tax for the said 
County of Cumberland, to be apportioned, assessed, col- 
lected, & applied in manner as the Law directs. 

February 9, 1801. 

Chapter 89. 

RESOLVE ON THE PETITION OF EBENEZER HEARD AND JOHN 
SCATES, JUN. 

On the petition of Ebenezer Heard and John Scates. 

Resolved, for reasons set forth in said petition, that the 
Treasurer of the Commonwealth Be and he is hereby 
authorised and directed to deliver up to the said Heard 
& Scates the note signed by Ebener. Heard & John 
Scates Junr. dated June 5th 1795 for fifty pounds Lawfull 
money given for the discharge of four Executions in fav [or] 
of said Commonwealth against said Heard & Scates. 

February 9, 1801. 

Chapter 90. 

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE 
GENERAL COURT, AND OF THE PRESIDENT OF THE SENATE 
AND SPEAKER OF THE HOUSE. 

Resolved that there be allowed & paid out of the Treas- 
ury of this Commonwealth, to each member of the Coun- 
cil, Senate, and House of Representatives, two Dollars $? 
day, for each days attendance the present session, and the 
like sum for every ten miles travel from their respective 
places of abode, to the place of the sitting of the General 
Court. 

And it is 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 and 
every days attendance, over and above their pay as mem- 
bers. February 9, 1801. 



194 Resolves, 1800. — January Session. 



Chapter 91. 

RESOLVE ON THE PETITION OF SILAS HALL AND OTHERS, 
AUTHORIZING THE COMMITTEE FOR THE SALE OF EASTERN 
LANDS TO ALTER THE CONTRACT WITH SAID HALL AND 
OTHERS. 

On the petition of Silas Hall & others. 

Resolved, That the committee for the Sale of Eastern 
Lands, be & hereby are authorized & directed to alter the 
contract made by them, in behalf of this Commonwealth, 
with Silas Hall & others, for a tract of land adjoining the 
Township of East-Andover, so that it shall only extend to 
the sale of so much of the said tract as lies southerly of the 
said Township of East-Andover. February 9, 1801. 

Chapter 92. 

RESOLVE ON THE PETITION OF JOHN CROSBY AND OTHERS, 
SETTLERS IN HAMPDEN, ALLOWING THEM A FURTHER 
TIME TO PAY MONEY DUE TO THE COMMONWEALTH. 

On the petition of John Crosby, James Philbrook, John 
Paul, Richard S. Blasdel, Joseph Wheeler, William Patten 
and Andrew Grant, for an extention of Time to pay for 
their Lands in the Town of Hampden. 

Resolved, that for reasons sat forth in their Petition; 
that one year from and after passing this resolve be allowed 
to all those in the Town of Hampden who were to have had 
their Lots for six Dollars and fifty cents, and two years to 
those who were to have had their Lots for fifty Dollars, to 
pay the money into the Treasurey of this Commonwealth, 
the settlers paying the Interest upon, the respective sums 
from the time the above said sums were apportioned upon 
said Lots to the time of payment, mentioned in this resolve. 

February 10, 1801. 

Chapter 93. 

RESOLVE ON THE PETITION OF SARAH BRUCE, DIRECTING THE 
TREASURER TO ISSUE A NEW NOTE. 

On the petition of Sarah Bruce of Grafton in the County 
of Worcester, co-administrator with Joseph Bruce, on the 
estate of Simon Bruce late of Grafton deceased, setting 
forth that she in her capacity aforesaid, was in possession 
of a state note, signed by the Treasurer of this Common- 
wealth, for the sum of One hundred & thirty six Dollars 



Kesolves, 1800. — January Session. 195 

& fifty eight cents, dated Jany. 8, 1796 bearing interest 
at 5 & Cent p annum from the first of July 1794, & that 
four years & six months interest has been paid on said 
note, & that the same note was lost some time in the 
month of May 1799. 

Resolved that the Treasurer of this Commonwealth be 
& he is hereby directed to issue a new note to the said 
Sarah Bruce for the amount of the note said to be lost & 
for the interest due thereon the said Sarah first giving 
bond, with sureties sufficient in the opinion of the Treas- 
urer aforesaid to indemnify the Commonwealth against the 
note said to be lost as aforesaid. February 10, 1801. 

Chapter 94. 

RESOLVE DISCHARGING DAVID SEWALL AND NATHANIEL 
WELLS, ESQUIRES, A COMMITTEE FOR SELLING THE CON- 
FISCATED UNIMPROVED LANDS OF SIR WILLIAM PEPPERELL, 
OF THE SUM PAID INTO THE TREASURY. 

Whereas it appears that the Account exhibited by David 
Sewall & Nathaniel Wells Esqrs. appointed a Committee 
by the Legislature, for selling the confiscated unimproved 
Land, which formerly belonged to Sir William Pepperell, 
now of London Baronet, amounting to two thousand & 
twenty three Dollars & thirty four Cents are well vouched 
& right cast : therefore 

Resolved that the said Account be accepted & that the 
said Committee be, & hereby are discharged of said Sum, 
by them paid into the Treasury of this Commonwealth, 
including the expence of said Committee for executing the 
Buisiness aforesaid. February 11, 1801. 

Chapter 95. 

RESOLVE ON THE PETITION OF WILLIAM MAREAN, WILLIAM 
NIGHTINGALE AND OTHERS, DIRECTING THE TREASURER 
TO STAY HIS EXECUTIONS AGAINST THEM UNTIL JAN. 1, 
1802 — WITH A PROVISO. 

On the Petition of William Marean and others praying 
for an Extention of the time of Payment of a demand 
against them by the Commonwealth, on Execution. 

Resolved that the Treasurer of this Commonwealth be 
and he hereby is directed to stay his Executions against 
William Marean, William Nightingale, Nathan Holden, 
Joseph Clark, John Clark, John Clark junr. Isaac Clark 



196 Kesolves, 1800. — January Session. 

William Muzzy and Moses Clark untill the first day of 
January 1802, provided they shall pay on or before the 
first day of June next the Interest which at the time of 
Payment shall be due on the Notes, for the recovery of 
which Judgment has been rendered against them. 

February 11, 1801. 

Chapter 96. 

RESOLVE FOR DISTRIBUTING THE LAWS OF THE UNITED STATES 
THAT ARE NOW, OR SHALL HEREAFTER BE, DEPOSITED IN 
THE SECRETARY'S OFFICE. 

Resolved, That the Secretary of the Commonwealth be, 
and he hereby is directed to cause the Laws of the United 
States, now deposited in his Office, or that shall hereafter 
be deposited, being the proportion belonging to this Com- 
monwealth, agreeably to an Act of Congress, passed March 
3d 1795, and the Act in addition thereto, passed on the 
2d day of March 1799, to be distributed in the same man- 
ner as directed by a Resolve of this Commonwealth, passed 
the 31st day of January A D 1798. 

February 12, 1801. 

Chapter 97. 

RESOLVE ON THE PETITION OF PEALPOLE COVEAGME. 

On the petition of Pealpole Coveagme an Indian Man 
praying that he may be authorised to sell and convey a 
lot of land in a place called Readstown or No. three in 
the county of Kennebec. 

Resolved for reasons set forth in said petition that the 
said Pealpole Coveagme be and he is hereby authorised to 
sell and convey lot Number eleven in a place called No. 
three or Readstown on sandy river in the county of Ken- 
nebec, containing one hundred acres any law or resolve to 
the contrarey notwithstanding. February 12, 1801. 

Chapter 98. 

RESOLVE DIRECTING THE SECRETARY TO CERTIFY TO THE 
GOVERNOR AND COUNCIL A BALANCE DUE TO GEORGE 
MELVILL. 

On the petition of Thomas B. Melvill in behalf of him- 
self & his mother Hannah Melvill praying for a ballance 
due George Melvill late a sergt. in 5th Mass. Regimt. 
Commanded by Col. Putnam. 

Resolved, that the Secretary be directed to certefy to 



Resolves, 1800. — January Session. 197 

the Governour & Councill the ballance due on the Army 
books to the said George and the Treasurer is hereby di- 
rected on rec[e]iving the Governours warrant therefor to 
Issue a New Loan Note payable to the Heirs of [of] the 
said George Melvill for the sum of Twenty three dollars 
& thirteen cents bearing Interest of 5 #> Cent from July 1st 
1794 which places him in the same situation as other sol- 
diers who have performed similar services. 

February 14, 1801. 

Chapter 99. 

RESOLVE ON THE PETITION OF JOHN BEVERLY, GRANTING 
HIM AN ADDITIONAL PENSION, AND AUTHORIZING THE 
TREASURER OF THE TOWN OF ANDOVER TO RECEIVE THE 
SAME TO BE DISPOSED OF BY THE OVERSEERS OF SAID 
TOWN FOR HIS BENEFIT. 

On the petition of John Beverly of Andover shewing 
that he had lost both his feet in the service of his Coun- 
try as a Soldier in the year 1760, and that the General 
Court in the year 1763 granted him a pension of six 
pounds annually ; That he is now advanced in years, ex- 
tremely indegent, and unable to labour, and that from the 
rise of the prices of the necessaries of life since his pen- 
sion aforesaid was granted it had become insufficient for 
his comfortable subsistence. 

Resolved That his pension be encreased to forty dollars 
a year, and that there be allowed and paid out of the 
Treasury of this Commonwealth to the Treasurer of the 
Town of Andover annually from this time during the life 
of said John, and for his use, the sum of forty dollars, to 
be disposed of by the Overseers of said Town for his 
benefit. February 16, 1801. 

Chapter 101.* 

RESOLVE ON THE PETITION OF ASHER SPAULDIN AND OTHERS, 
AUTHORIZING THE GOVERNOR AND COUNCIL TO RAISE A 
COMPANY OF CAVALRY IN THE 2D BRIGADE, 8TH DIVISION 
OF MILITIA. 

On the petition, of Asher Spauldin & others, praying 
for leave, to raise a Company of Horse, in the 2d Brigade 
& 8th Division of Militia. 

* Chapter 100, in session pamphlet, is a message from the Governor transmit- 
ting a resolve of the Legislature of Maryland, and is to be found among the mes- 



198 Resolves, 1800. — January Session. 

Resolved, that his Excellency the Governor with advice 
of Council, be Authorised to raise a Company of Cavalry, 
within the limits of the Brigade aforesaid, to be annexed 
to the Squadron of Cavalry, in said second Brigade, to be 
Subject to all the rules and Regulations of the Militia of 
this Commonwealth. February 17, 1801. 

Chapter 102. 

RESOLVE REQUESTING THE GOVERNOR, WITH THE ADVICE 
OF THE COUNCIL, TO DIRECT THE DISPOSAL OF THE USE- 
LESS PROPERTY STATED IN THE REPRESENTATION OF THE 
QUARTER MASTER GENERAL, ETC. 

Resolved, That his Excellency the Governor, with ad- 
vice of Counsil be and he is hereby requested to direct, 
that the useless public property stated in the representa- 
tion of the Quarter Master General be sold or otherwise 
disposed of, and that the Cannon and other articles, ex- 
posed to injury, be removed and secured in such manner 
as he with advice of Counsil may think most for the In- 
terest of the Commonwealth. February 17, 1801. 

Chapter 103. 

RESOLVE AUTHORIZING THE TREASURER TO RECEIVE OF 
ELIHU DWIGHT, PARK HOLLAND, AND JONATHAN MAYNARD, 
THE SUM OF 1599 DOLLS. 85 CENTS, FOR A NOTE GIVEN IN 
1795. 

Resolved that the Treasurer of this Commonwealth be 
and he is hereby Authorized to receive of Elihu Dwight, 
Park Holland & Jonathan Maynard, the sum of fifteen 
hundred ninety nine dollars & eighty five Cents, as satis- 
faction in full for a Note given by them dated 2d Mar. 
1795 for the sum of two thousand one hundred & nine 
dollars eighty four cents (Judgment of Court being had 
thereon) said Note being liquidated and reduced Agreea- 
bly to Resolve of 10th June 1799 — And on receipt 
thereof to discharge the Judgment of Court recovered on 
the Note aforesaid. February 17, 1801. 

Chapter 104. 

RESOLVE ON THE MEMORIAL OF THE JUDGE OF PROBATE FOR 
THE COUNTY OF WORCESTER, DIRECTING HIM TO HOLD A 
COURT OF PROBATE IN THE WEST PARISH OF BROOKFIELD. 

On the memorial of the Judge of Probate for the 
County of Worcester, shewing that the holding a Pro- 



Resolves, 1800. — January Session. 199 

bate Court in the West parish in Brookfield, on the 
fourth tuesday of April is attended with inconvenience to 
the Public, and that holding a Court, on the second tues- 
day in April in future, will be more convenient. 

Resolved that a Probate Court shall hereafter be holden, 
in the West Parish of Brookfield in the County of Worces- 
ter, on the second tuesday in April, instead of the fourth 
tuesday in April. February 17, 1801. 

Chapter 105. 

RESOLVE ON THE PETITION OF ABEL CUTLER, DIRECTING 
THE COMMITTEE FOR THE SALE OF EASTERN LANDS TO 
EXECUTE DEEDS OF THE LAND MENTIONED. 

On the petition of Abel Cutler, of East Sudbury, in the 
county of Middlesex. 

Resolved, for the reasons set forth in the said petition, 
that the prayer thereof be, so far, granted, that the com- 
mittee for the sale of Eastern lands be and they hereby 
are directed to make and execute deeds to the said Cutler 
& John Peck, named in the said petition, of the township, 
number five, in the third range, lying in the Distri[c]t of 
Maine, westerly, of Bingham's purchase and easterly, of 
the line of New-Hampshire, in such proportions as they 
the said Cutler and Peck have, respectively, become inter- 
ested in a contract for the purchase of the said township, 
made with the committee aforesaid, by one Ashbel Stan- 
ley, bearing date, the first day of January A. D. 1795 ; 
the said deed to contain all the reservations, and appro- 
priations and enjoin all the settlement duties made and 
required by the said contract; saving this, that the said 
Cutler and Peck shall have day, for the term of four years, 
from the first day of April next, to perform the settlement 
duties, in the said contract mentioned ; provided they the 
said Cutler and Peck, on or before, the first day of April 
next, cancel and deliver up the said contract to the said 
committee and pay them, for the use of this Common- 
wealth, the balance, which shall be found to remain un- 
paid, of the principal and interest of the sum, which the 
said Stanley, by the contract aforesaid, had agreed to pay 
for the township aforesaid. February 17, 1801. 



200 Resolves, 1800. — January Session. 



Chapter 106. 

RESOLVE ON THE PETITION OF JOANNA GERRISH, GRANTING 
HER AN ALLOWANCE AND ANNUAL GRANT. 

On the Petition of Joanna Gerrish praying that com- 
pensation may be made to her for her right of dower in 
the estate of her late husband Timothy Gerrish, deceased, 
which was taken from him by Execution in favour of the 
Executors of Sir William Pepperrell Baronet, deceased, 
and Afterwards confiscated to the Government, & sold by 
a Committee of this Commonwealth, she never having re- 
linquished her Dower therein. 

Resolved, for reasons set forth in said Petition, that there 
be paid out of the treasury of this Commonwealth, to the 
said Joanna Gerrish the sum of five hundred & fifty dol- 
lars, and a further sum of twenty five dollars annually, 
dureing her Natural Life. Provided she the said Joanna, 
shall relinquish to the Commonwealth her right of Dower 
in said Estate. And that his Excellency the Governor be 
and hereby is requested, on the said Joanna's complying 
with said Condition, to Issue his Warrants on the Treas- 
ury from time, to time accordingly. 

February 17, 1801. 

Chapter 107. 

RESOLVE ON THE PETITION OF NATHAN PATCH. 

On the petition of Nathan Patch praying that he may 
be discharged from two executions issued on a Judgment 
against him on Scire Facias for his recognezance for the 
appea[ra]nce of Barnabas Sibley & Ezra Coller, who were 
indicted at March term at the Court of General Sessions 
of the peace in the County of Worcester seventeen hun- 
dred & ninety nine. 

Resolved for reasons set forth in said petition, that the 
said Nathan Patch shall be discharged from both executions 
issued against him on Scire Facias as bail for Barnabas 
Sibley & Ezra Coller on paying ten dollars, which appears 
to be the amount due to discharge both the fines imposed 
on the said Sibley & Coller the costs haveing been paid. 

February 17, 1801. 



Resolves, 1800. — January Session. 201 



Chapter 108. 

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 manner pre- 
scribed by Law, which accounts are hereby allowed : And 
Whereas the Clerk of the Court of General Sessions of the 
Peace for the said County, has laid before the General 
Court an estimate made by the said Court of General 
Sessions of the Peace for the said County of the debts due 
from, and of the necessary charges likely to arise within 
the said County the present year, amounting to Six Thou- 
sand Dollars : 

Resolved that the sum of Six thousand Dollars be and 
hereby is granted as a Tax for said County of Hampshire, 
to be apportioned, assessed, collected, and applied in man- 
ner as the Law directs. February 17, 1801. 

Chapter 109. 

RESOLVE AUTHORIZING THE COMMITTEE ON ACCOUNTS TO 
EXAMINE THE ACCOUNTS OF GAOLERS FOR THE SUPPORT 
OF ANY STATE PRISONERS CONVICTED AND SENTENCED TO 
HARD LABOUR. 

Resolved, That the Committee of both Houses appointed 
to examine and pass on public accounts for the time being, 
be and they hereby are authorized to examine the accounts 
of the several Goalers for the support of any State prison- 
ers who have been convicted & sentenced to hard labor 
since the first day of February, in the year, one thousand, 
seven hundred and ninety nine, or may be hereafter con- 
victed & sentenced as aforesaid, until the further order of 
the General Court ; and to allow all or any part of said 
accounts as they may judge reasonable. 

February 20, 1801. 

Chapter 110. 

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER OF 
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 accounts are hereby allowed ; And 



202 Resolves, 1800. — January Session. 

Whereas the Clerk of the Court of General Sessions of the 
Peace for said County has laid before the General Court, 
an estimate, made by the said Court of General Sessions 
of the Peace for the said County of Suffolk, of the debts 
due from, & of the necessary charges likely to arise within 
said County, for the present year, amounting to Ten thou- 
sand Dollars : 

Resolved that the sum of Ten thousand Dollars, be and 
hereby is granted as a tax for the said County of Suffolk 
to be apportioned, assessed, collected & applied in man- 
ner as the Law directs. February 20, 1801. 

Chapter 111. 

RESOLVE ON THE PETITION OF SAMUEL DAVIS, DIRECTING 
THE TREASURER TO ISSUE A NEW NOTE IN LIEU OF ONE 
SAID TO BE LOST. 

On the Petition of Samuel Davis. 

Resolved that the Treasurer of this Commonwealth, be 
and he hereby is directed to Issue to Samuel Davis a Note 
for four hundred twenty five dollars ninety six cents bear- 
ing Interest from July 1, 1794 at five <#> Cent and to en- 
dorse thereon one years Interest paid — in lieu of a Note 
for the same amount and tenor, said to be lost, provided 
the said Samuel shall give bond to the satisfaction of the 
Treasurer, condition'd to save the Commonwealth from 
all demand for or on Account of the Note said to be lost 
as aforesaid. February 20, 1801. 

Chapter 112. 

RESOLVE ON THE PETITION OF STEPHEN JONES, ESQ, AUTHOR- 
IZING THE COURT OF GENERAL SESSIONS OF THE PEACE 
FOR THE COUNTY OF WASHINGTON, TO MAKE HIM COM- 
PENSATION FOR HIS SERVICES AS A JUDGE OF PROBATE, 
IN ADDITION TO HIS FEES, NOT TO EXCEED ONE HUNDRED 
DOLLARS PER ANNUM. 

On the Petition of Stephen Jones Esqr. Judge of Pro- 
bate for the County of Washington, praying, that the Court 
of Genl. Sessions of the Peace for said County, may be 
empowered to make him an annual allowance for his ser- 
vices as Judge of Probate, not exceeding one hundred 
Dolls, pr. annum. 

Resolved, for reasons set forth in said Petition, That the 
Court of Genl. Sessions of the peace for said County of 
Washington, be & they hereby are authorised & empowed 



Resolves, 1800. — January Session. 203 

to grant said Stephen Jones, such compensation for his 
services, as they may consider equitable & just, in addi- 
tion to the fees that are, or may be established by Law; 
to be paid out of the Treasury of said County — Provided 
said Compensation or allowance, shall not exceed one hun- 
dred Dolls, pr annum. February 21, 1801. 

Chapter 113. 

RESOLVE REQUESTING THE GOVERNOR TO PROVIDE FOR THE 
FURTHER SUPPORT AND EDUCATION OF LEVI KONKAPOT 
FOR THREE YEARS. 

Whereas the time allowed for the education of Levi 
Konkapot, a son of John Konkapot, late one of the 
Ousatonuck, or Stockbridge tribe of Indians, (so called) 
in a Resolve passed the 23d of January 1798, is expired, 
and it appearing to this Court, that the reasons for under- 
taking the education of the said Levi Konkapot, still oper- 
ate, to give him a more finished course of learning, than 
was provided for by the aforesaid Resolve, that he may be 
the more extensively useful among his tribe and Nation : 

Resolved that his Excellency the Governor be requested, 
further to provide for the support and education of the 
said Levi Konkapot, for three years from this date, in 
the manner prescribed in the Resolve passed the 23d of 
January 1798. February 23, 1801. 

Chapter 114. 

RESOLVE ABATING FINES TO TOWNS FOR NOT SENDING REP- 
RESENTATIVES. 

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, 

Hamilton, forty nine Dollars twenty three Cents ; Hol- 
liston, Sixty four Dollars ; Lincoln, Forty five Dollars 
& forty four cents; East Sudbury, Fifty five Dollars & 
fifty cents; Williamsburgh, Forty one Dollars & seventy 
one cents ; New Salem, Sixty six Dollars & sixty one 
cents ; Chesterfield, Fifty five Dollars & sixty one cents ; 
Southampton, Forty five Dollars & fifty five cents ; Chester, 
Forty four Dollars & sixteen cents ; Cumington & Plain- 
field, Fifty eight Dollars & eleven cents ; Plympton, Forty 
four Dollars & nineteen cents ; Pembroke, One hundred 



204 Resolves, 1800. — January Session. 

& two Dollars & thirty seven cents ; Kingston, Fifty seven 
Dollars & seventy five cents ; Hanover, Fifty two Dollars 
& eleven cents ; Carver, Forty Dollars & forty four cents ; 
Mansfield, Forty six Dollars & fifty cents; Edgartown, 
Forty two Dollars & twenty one cents ; Sandford & Alfred, 
Sixty Dollars ; Leicester, Sixty nine Dollars & twenty five 
cents ; Hubbardston, Forty nine Dollars & seventy seven 
cents ; New Braintree, Fifty eight Dollars & seventy 
two cents ; Southborough, Forty eight Dollars & seventy 
seven cents ; Northborough, Forty three Dollars & 
thirty eight cents; Western, Fifty eight Dollars & ninety 
seven cents ; Leominster, Sixty seven Dollars & eighty 
cents ; Holden, Sixty three Dollars & sixty one cents ; 
Royalston, Forty nine Dollars ; Templeton, Fifty seven 
Dollars & ninety four cents ; Princeton, Eighty five Dol- 
lars & fifty three cents ; Winchendon, Fifty three Dollars 
& twenty seven cents ; Sterling, Eighty eight Dollars & 
sixty nine cents ; Cape Elizabeth, Fifty five Dollars & 
seventy seven cents ; Windham, Forty seven Dollars 
& eleven cents ; Freeport, Seventy Dollars & fifty seven 
cents ; New Castle, Thirty seven Dollars & fifty two cents ; 
West Stockbridge, Forty four Dollars & five cents ; Brain- 
tree, Seventy one Dollars & eighty nine cents ; Sharon, 
Forty seven Dollars & forty four cents ; Wrentham, One 
hundred & six Dollars & ninety seven cents ; Bellingham, 
Forty Dollars & sixty six cents ; Randolph, Sixty five Dol- 
lars & thirty three cents ; Canton, Fifty seven Dollars & 
seventy six cents ; South Brimfield & Holland, Fifty Dol- 
lars & forty four cents; Stoughton, Forty two Dollars & 
thirty seven cents ; Woburn, Sixty seven Dollars & twenty 
cents ; Lebanon, Forty two Dollars & sixty six cents ; 
Montague, Forty five Dollars & sixteen cents ; Ashby, 
Forty two Dollars & sixty three cents : 

Resolved for reasons set forth, by representations from 
the aforesaid towns respectively, that the said fines be 
remitted, and the towns aforesaid, are hereby respectively 
discharged from paying the same, any Resolve or Order 
to the contrary notwithstanding. February 24, 1801. 

Chapter 115. 

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 



Resolves, 1800. — January Session. 205 

by law, which Accounts are hereby allowed. And whereas 
the Clerk of the Court of General Sessions of the Peace for 
said County of Lincoln has laid before the General Court, 
an estimate, made by said Court of General Sessions of 
the Peace, of the necessary charges likely to arise within 
said County, and of monies necessary for discharging the 
debts of said County, for the year ensuing, amounting in 
the whole to the sum of eight thousand six hundred and 
twenty eight Dollars and ninety cents : 

Resolved that the sum of eight thousand six hundred and 
twenty eight Dollars and ninety cents be and the same 
hereby is granted as a tax for said County of Lincoln, to 
be apportioned, assessed, collected, and applied in man- 
ner agreeable to law, and the purposes aforementioned. 

February 25, 1801. 

Chapter 116. 

RESOLVE ON THE PETITION OF MAJOR GENERAL SIMON ELLIOT, 
AUTHORIZING THE GOVERNOR TO FORM THE CAVALRY IN 
THE 1ST AND 2D BRIGADES, IN THE 1ST DIVISION OF MILITIA, 
INTO TWO SQUADRONS. 

On the Petition of Majr. Genl. Simon Elliot. 

Resolved That his Excellency the Governor with advice 
of Councel, be & he is hereby authorised to form the Cav- 
alry, in the first & second Brigades, in the first Division 
of Militia of this Commonwealth into two Squadrons, one 
in each of the said Brigades, & when so formed, Each 
Squadron to be Commanded by a Major. 

February 25, 1801. 

Chapter 117. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF BANGOR, DIRECTING THE TREASURER TO STAY EXECU- 
TION AGAINST THE TOWN. 

On the Petition of the Selectmen of the Town of Bangor 
praying for the Abatement of Tax Number Six and Seven. 

Resolved that the prayer of the Petition be so far granted 
that the Treasurer of this Commonwealth be and hereby 
is directed to Stay Execution against the Said Town of 
Bangor for said Taxes for the term of one year from the 
date hereof. February 25, 1801. 



206 Kesolves, 1800. — January Session. 

Chapter 118. 

RESOLVE ON THE PETITION OF EBENEZER WRIGHT. 

On the petition of Ebenezer Wright, praying that the 
Treasurer of this Commonwealth may be impowered to 
issue a new State Note, to replace one supposed to have 
been destroyed. 

Resolved, for reasons set forth in the petition, that the 
Treasurer of this Commonwealth be impowered, & he is 
hereby impowered and directed to issue to the sd. Ebenezer 
Wright in his sd. capacity of Executor a new note equiva- 
lent to that which is supposed to have been destroyed or 
lost; The sd. Treasurer first taking good & sufficient 
bonds of the said Wright to refund to the Treasury 
all the monies due on the note supposed to have been 
destroyed, if the same shall hereafter appear. 

February 25, 1801. 

Chapter 119. 

RESOLVE ON PETITION OF OLIVER PRESCOTT AND ISAAC 
FARNSWORTH. 

On the petition of Oliver Prescott and Isaac Farns- 
worth, surviving executors of the last will and testament 
of Josiah Sartell Esqr. deceased, and John Conant, and 
Daniel Conant, sons of John Conant, late of Townshend 
in the County of Middlesex miller deed, praying that the 
said Oliver and Isaac may be authorized to release and 
convey to the said John the younger, and Daniel, certain 
lands, in said Townshend formerly the estate of said John 
Conant deed, and by him conveyed to the said John the 
younger and Daniel, and which has been taken in Execu- 
tion, upon the Judgment herein after mentioned, by said 
Oliver and Isaac in their said capacity, to satisfy a de- 
mand of said Josiahs against said John deceased, and 
more than one year has elapsed, since said Execution, was 
extended. 

Resolved, for reasons set forth in said petition, that said 
Oliver and Isaac be, and they are hereby empowered, to 
release and convey to the said John the younger, and 
Daniel, all the estate in said Townshend by them taken in 
execution as aforesaid, provided the said John the younger 
and Daniel, shall pay to the said Oliver and Isaac, to the 



Resolves, 1800. — January Session. 207 

use of the estate of the said Josiah, the full amount of the 
Judgment recovered by said Oliver and Isaac in their said 
capacity, against said John Conant deed, at the Supreme 
Judicial Court, holden at Cambridge in and for said 
County, on the last Tuesday of October in the year of 
our Lord One thousand seven hundred and ninety seven, 
for the sum of three hundred and thirty two dollars and 
seventeen cents damages, and forty eight dollars and 
forty seven cents, costs of suit, together with all other 
costs and fees of levying said Execution, together with 
the interest of said sums. February 25, 1801. 

Chapter 120. 

RESOLVE ON THE PETITION OF WILLIAM PHILLIPS, JUNIOR, 
EXTENDING THE TIME FOR THE SETTLING DUTY ON TOWN- 
SHIP NO. 3. 

On the Petition of William Philips Junior praying that 
the time Allowed for performing the Setling duty on 
Township Number Three laying between Androscogin & 
Kenebeck Rivers and also on Township Number one in 
the first range Laying between the State of New hamp- 
shire and Kenebeck River may be extended further. 

Resolved for reasons set forth in the Petition that the 
time for performing the Setling duty which was to be 
performed on or before the first day of May in the Year 
Eighteen Hundred and three shall be extended to the 
first day of May in the year Eighteen Hundred and five 
any Resolve or Contract to the Contrary notwithstanding. 

February 25, 1801. 

Chapter 121. 

RESOLVE ON THE PETITION OF JOHN SWEET, JUN. GRANTING 
HIM 150 DOLLARS. 

On the petition of John Sweet jun , praying for com- 
pensation for a wound he received, while performing mil- 
itary duty. 

Resolved that the sum of One hundred & fifty Dollars 
be allowed & paid out of the public Treasury to the said 
Sweet, in full for the losses & expences incurred in conse- 
quence of said wound, and his Excellency the Governor 
with advice of Council is requested to draw a warrant on 
the Treasurer accordingly. February 25, 1801. 



208 Resolves, 1800. — January Session. 



Chapter 122. 

RESOLVE ON THE PETITION OF JACOB FISHER, AUTHORIZING 
THE GOVERNOR WITH THE ADVICE OF COUNCIL, TO RAISE 
A COMPANY OF ARTILLERY IN 2D BRIGADE, 7TH DIVISION 
OF THE MILITIA OF THIS COMMONWEALTH. 

On the Petition of Jacob Fisher & others praying that 
a Company of Artilery may be raised in the Second Bri- 
gade, seventh Division of Militia in this Commonwealth. 

Resolved, that his Excellency the Governor, with the 
consent of the Council be authorised and impowered to 
raise a Company of Artilery in said Brigade, and within 
the first Regiment, subject to such rules and regulations 
as are, or may be provided by law. February 26, 1801. 

Chapter 123. 

RESOLVE ON THE PETITION OF JONATHAN HASTINGS, AU- 
THORIZING THE TREASURER TO DEDUCT THE VALUE OF 
LAND DEFICIENT IN TOWNSHIP NO. 3 FROM PURCHASE PRICE. 

On the petition of Jonathan Hastings setting forth that 
there is a deficiency of nineteen hundred and twenty acres 
of land in Township Number three of the seventh range 
above Waldo's patent of which he has become the pur- 
chaser, and praying indemnity for said deficiency. 

Resolved that the Treasurer of this Commonwealth be, 
and he hereby is, authorized and directed to deduct from the 
Notes in his possession which were given for said Town- 
ship the sum which the said nineteen hundred and twenty 
acres amounts to, estimating the same at the price given 
therefor, and allowing interest on the money which has 
been paid or contracted to be paid, on account of said 
nineteen hundred and twenty acres. February 26, 1801. 

Chapter 124. 

RESOLVE ON THE PETITION OF HANNAH RICE AND ABRAHAM 
MILLIKEN, EMPOWERING THE SAID HANNAH TO EXECUTE 
A DEED OF THE LAND MENTIONED. 

On the Petition of Hannah Rice, & Abraham Milliken 
of Scarborough, in the County of Cumberland, praying 
that sd. Hannah may be impowered to Convey a tract, or 
parcel of land lying in sd. Scarborough, Containing two 
Acres & thirty one rods, lying on the Southerly Side of 



Resolves, 1800. — January Session. 209 

the road leading to Dunston Meeting House, & is a part 
of the first tract of land mentioned in a Mortgage deed 
Given by Benjamin Milliken to Nathel. Weelright Jany. 
1763. 

Resolved — that the sd. Hannah, in the Capassity of 
Administratrix, on the Estate of Matthias Rice late of 
Scarborough Aforesaid Deceased, be, & Hereby is fully 
Authorized & impowered, to Execute to sd. Abraham 
Milliken a good & Lawful deed of the land Aforesaid, 
any deficiency in a bond given by Matthias Rice, in his 
life time notwithstan[t] [d!]ing. February 27, 1801. 



Chapter 125. 

RESOLVE ON THE PETITION OF BENJAMIN THOMSON, JUN. 
DISCHARGING HIM FROM THE JUDGMENT MENTIONED AND 
GRANTING HIM 40 DOLLARS 75 CENTS. 

On the Petition of Benja. Thomson Junr. praying to be 
discharged from the Judgment mentioned in [in] his Peti- 
tion and the Money he has paid on the Execution that has 
issued on Said Judgment may be refunded to him. 

Resolved that the Prayer of Said Petition be granted 
and that the said Benjamin Thomson Jnr. be wholey dis- 
charged from the Judgment mentioned in said Petition 
and that the Sum Collected on said Execution be refunded 
to him and that there be paid out of the Treasu[re]ry of 
this Commonwealth to the said Benjamin Thompson Junr. 
the sum of Forty Dollars and Seventy five Cents being 
the Sum collected on said Execution. 

February 28, 1801. 



Chapter 126. 

RESOLVE GRANTING THE JUDGES OF THE SUPREME JUDICIAL 
COURT 500 DOLLARS EACH IN ADDITION TO THEIR PRESENT 
SALARIES. 

Resolved that for the current year, commencing on 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 Sal- 
ary, as by Law established and payable therewith. 

February 28, 1801. 



210 Resolves, 1800. — January Session. 



Chapter 127. 

RESOLVE MAKING AN ALLOWANCE TO THE ATTORNEY GEN- 
ERAL. 

On the memorial of the Attorney General praying for 
an additional grant to his Salary from June 22d 1799 to 
March 1st 1801, also an allowance for attending to the 
suit against Michael Helligas. 

Resolved that there be allowed & paid out of the Public 
Treasury to James Sullivan Esq. Attorney General, Five 
hundred & six dollars & twenty five Cents (being at the 
rate of three hundred Dollars $> annum) — also the further 
sum of Two hundred dollars & sixty one Cents being an 
allowance, one <g> Centum, on twenty thousand & sixty 
one Dollars fifty two Cents, recovered from the Estate of 
Michael Hillegas Esqr., in behalf of this Commonwealth, 
(being appointed their special agent therefor) — the Sum 
of seventy eight dollars & fifty four Cents, due from the 
said Attorney Genl. to be first deducted therefrom — 
which with his usual salary will be in full for his ser- 
vices, from the 22d of June 1799 to the 1st of March 
next. March 5, 1S01. 

ADDRESS OF THE LEGISLATURE TO THE PRESIDENT OF THE 
UNITED STATES, ON HIS RETIRING FROM OFFICE.* 

The Committee of both Houses appointed to prepare 
and report an address to the President of the United 
States — Report the following — Which is submitted. 

SAML. PHILLIPS $> order. 

To John Adams, Esqr. 

At the moment, Sir, that you are descending from the 
exalted station of the first Magistrate of the American 
Nation, to mingle with the mass of your fellow Citizens, 
The Senate and House of Representatives of the Common- 
wealth of Massachusetts, your native State, embrace the 
occasion, to pour forth the free will offering of their sin- 
cere thanks, for the many important and arduous services 
you have rendered your Country. In the performance 
of this act the Legislature have but one heart, and that 
vibrates with affection, respect, and gratitude for your 
virtues, talents and patriotism. 

* Not printed in previous editions. 



Resolves, 1800. — January Session. 211 

We conceive it unnecessary to detail the character of 
him, whose life, from earliest manhood, has been emi- 
nently devoted to the public good. 

This will be the delightful employment of the faithful 
and able historian. Our posterity will critically compare 
the illustrious characters, which have elevated the condi- 
tion of man, and dignified civil society through the various 
ages of the World, and will with grateful effusions and 
conscious pride point to that of their beloved Country- 
man. 

The period of the administration of our general Gov- 
ernment, under the auspices of Washington and Adams, 
will be considered as among the happiest eras of time. 
The example of their integrity possesses a moral and 
political value, which no calculation can reach, and will 
be justly estimated, as a standard for future Presidents 
of the United States. 

We receive you, Sir, with open arms, esteem, and ven- 
eration ; — confidently hoping that you will possess undis- 
turbed those blessings of domestic retirement, which great 
minds always appreciate and enjoy with dignity. 

We devoutly supplicate THE FATHER OF THE 
UNIVERSE, that you may realize, while you continue 
on Earth, all the happiness, of which human nature is 
susceptible ; and, when your course shall be finished here, 
that your spirit may receive the transcendent rewards of 
the just. March 3, 1801. 

Chapter 128. 

RESOLVE ON THE PETITION OF GREENLEAF RAND, AUTHOR- 
IZING SARAH REA, TO EXECUTE A DEED OF THE LAND 
MENTIONED. 

On the Petition of Greenleaf Rand, of Windham in the 
County of Cumberland Joiner, praying that, Sarah Rea 
Administratrix on the Estate of Caleb Rea late of said 
Windham physician Deceased, may be empowered to exe- 
cute a Deed to the Petitioner of a certain hundred acre lot 
of land, numbered one hundred & thirteen, in the second 
Division of hundred acre lots in said Windham. 

Resolved, That the said Sarah Rea, in the capacity of 
Administratrix, on the Estate of said Caleb Rea, be & 
hereby is fully authorised, & impowcred to execute to said 
Greenleaf Rand, a good and lawful Deed of the land afore- 
said. March 4, 1801. 



212 Resolves, 1800. — January Session. 



Chapter 129. 

RESOLVE ON THE PETITION OF THE PASSAMAQUODDY TRIBE 
OF INDIANS, APPROPRIATING TO THEIR USE THE REMAINDER 
OF ONE HUNDRED ACRES OF LAND, UNTIL FURTHER ORDER. 

On the Petition of the Passamaquoddy Tribe of Indians. 

Resolved for reasons set forth in said Petition, that a 
Tract of land situated in Passamaquoddy-bay, in the County 
of Washington, called Pleasant point, containing Ninety 
acres, the property of this Common wealth, be and hereby 
is appropriated to the use and improvement of the said 
Tribe of Indians, till the further order of the Legislature, 
it being the remainder of one hundred acres of land, pur- 
chased by this Common wealth of John Frost, in the year 
one thousand seven hundred and ninety four. 

March 4, 1801. 

Chapter 130. 

RESOLVE ON THE PETITION OF THE PROPRIETORS OF TOWN- 
SHIP NO. 1, ON THE SOUTHERLY SIDE OF ANDROSCOGGIN 
RIVER, GRANTING THEM ONE THOUSAND ACRES OF LAND, 
TO BE LAID OUT UNDER THE DIRECTION OF THE COMMIT- 
TEE FOR THE SALE OF EASTERN LANDS. 

Whereas the Proprietors of Township No. 1 Southerly 
Side of [of] Androscoging River in the County of Cum- 
berland have represented that they purchased said Town- 
ship of the Committe for the sale of Eastern Lands the 10th 
Day of June 1796 as survey'd by Samuel Titcomb in Novr. 
1787 and that one of the Lines run by said Titcomb in- 
cludes a part of the Town of Jay which was granted prior 
to the Sale of said Township No. 1 and have Petitioned the 
Legislature that the Comonwealth would commence an Ac- 
tion against the Proprietors of said Jay to recover that part 
of sd. Township No. 1 which is included within the Lines 
of Jay, or to impower sd. Proprietors to bring said Action, 
or to compensate them therefor. And Whereas it does 
not appear that the sd. Town of Jay has more Land within 
it's present Lines, than was commonly allowd. to Towns 
laid out at the Time said Jay was laid out, and that altho 
the Line of Jay which has lately been exactly measured, 
appears to be longer than was allowd. by the confirmation 
of said grant owing perhaps to the different allowance made 
by different Chainmen in passing the Mountains over which 



Resolves, 1800. — January Session. 213 

scl. Lines are (!>} r all Parties) allowd. to run, the overplus 
Land if any would not be an object worth contending for 
by this Comon wealth — and it appearing that the sd. Town- 
ship No. 1 does not contain so much Land by about 800 
Acres as was included in said Titcombs Survey owing to 
one of said Titcombs Lines riming more than 100 Rods 
on sd. Town of Jay : Therefore 

Resolved that there be & hereby is granted to the Pro- 
prietors of Township No. 1 on the Southerly Side of 
Andros-cog-ing River in the County of Cumberland, one 
thousand Acres of the unappropriated Lands in the dis- 
trict of Maine belonging to this Commonwealth, said Land 
to be laid out under the direction of the Committee for the 
Sale of Eastern Lands, and is in full for any & all deficien- 
cies of Lands in said Township No. 1 & all expences sd. 
Proprietors have been at for any Surveys respecting sd. 
Business. March 4, 1801. 



Chapter 131. 

RESOLVE ON THE PETITION OF JOB EASTMAN AND OTHERS, 
GRANTING TO THE TOWN OF NORWAY 600 ACRES OF LAND 
FOR THE SUPPORT OF THE MINISTRY AND SCHOOLS, TO BE 
LAID OUT UNDER THE DIRECTION OF THE COMMITTEE FOR 
THE SALE OF EASTERN LANDS. 

On the Petition of Job Eastman and others a Committee 
of the Town of Norway praying for a grant of Land for the 
support of the Ministry and Schools in sd. Town. 

Resolved that there be & hereby is granted to the Town 
of Norway in the County of Cumberland Six-Hundred 
Acres of the unappropriated Land of this Comonwealth 
in the District of Maine to be laid out under the direction 
of the Comittee for the Sale of Eastern Lands, one third 
part thereof for the use of the first congregational Minister 
setled in sd. Town, one third part thereof for the use of 
the Ministry & the residue for the use of Schools in sd. 
Town. March 4, 1801. 

Chapter 132. 

RESOLVE ON THE PETITIONS OF RICHARD ELLINGWOOD AND 
DANIEL LIVERMORE. 

On the Petitions of Richard Ellingwood and Daniel 
Livermore (in the right of James Boyd) praying to have 
the deficiency of their respective Lots made up to them. 



214 Resolves, 1800. — January Session. 

Resolved, that the Committee for the Sale of Eastern 
Lands be and they are hereby directed, to appoint a Sur- 
veyor to run out, and set oft* by meets & Bounds to the 
said Richd. Ellingwood forty five Acres of Land within 
the Town of Hampden of the unappropriated Lands therein 
instead of the forty five Acres Lying without the Town of 
Hampden as run out by Ephraim Ballard — and said Com- 
mittee upon receiving a return from such Surveyor are 
hereby Authorized to give said Ellingwood a title to his 
hundred Acres, and they are Likewise Authorised to give 
to the said Daniel Livermore a title to his Lot as run out 
by Ephraim Ballard & Eliashib Delano, they respectively 
paying the sum required from Settlers by the Resolve of 
March 26th 1788, with interest on that sum from the first 
day of June 1789. March 5, 1801. 

Chapter 133. 

RESOLVE ESTABLISHING THE PAY OF THE CLERKS IN THE 
SECRETARY'S AND TREASURER'S OFFICES. 

Resolved that ye following Sums be allowed & paid out 
of the Treasury to the Several Clerks in the Treasurer's 
& Secretary's Offices to wit — To Joseph Laughton two 
Dollars & seventy five cents pr. day To William Harris 
two dollars & seventy five cents per day To Edward 
McLane two dollars & fifty cents per day To James Fos- 
ter two dollars fifty cents per day To Edwd. Cazneau two 
dollars twenty five cents per day during the time they have 
been or may be actually employed in sd. Service for twelve 
months from the twenty Seventh Day of September, 1800. 

March 5, 1801. 

Chapter 134. 

RESOLVE APPOINTING AGENTS TO REPAIR TO NORTHAMPTON 
AND SOUTH HADLEY FALLS TO INQUIRE INTO CAUSE OF 
SICKNESS, &c. 

On the petitions of the Inhabitants of Northampton & 
Easthampton, & also of the proprietors of Locks and 
Canals on Connecticutt River. 

Resolved for reasons set forth in sd. petitions, that the 
Hon. Benjamin Goodhue, the Honble. Elijah Brigham & 
Simon Earned Esqr. be and they hereby are appointed 
agents to repair to Northampton, & also to South-Hadley 
falls, at the expense of this Government, as soon as may 
be convenient ; & it shall be their duty to enquire into the 



Resolves, 1800. — January Session. 215 

causes of Sickness complained of there, & also to enquire 
into the situation of the proprietors of sd. Locks & Canals, 
& the state of their works ; & the sd. agents are hereby au- 
thorised & required to enquire into the state of the fisheries 
on sd. River, from the head of sd. dam to the lower guard 
Lock, at Willimanset falls, so called, & to notify all per- 
sons concerned therein, by publications in each of the 
News Papers, printed at Springfield, Northampton & 
Greenfield, three weeks before their meeting as aforesd., 
to appear before them, & to shew cause, why the sd. 
Fisheries, or any part thereof should not be regulated, 
or disposed of by the Government — & the sd. Agents 
are required to make report of a State of facts thereupon, 
within the first week of the first Session of the next Gen- 
eral Court — And the sd. Agents shall have charge of all 
papers relative to the aforesd. subjects. 

1 March 5, 1801. 

Chapter 135. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF 
THIS COMMONWEALTH FOR REPAIRS ON THE PROVINCE 
HOUSE, AND GRANTING HIM 500 DOLLARS TO COMPLETE 
THE SAME. 

Whereas the Treasurer of this Comonwealth has laid 
his Account of expenditures of Monies, before the general 
Court for alterations and repairs on the Province House 
and out Houses made pursuant to a Resolve of 12 June 
1800 amounting to $1362.05 which upon examination 
appear to be well vouchd. & right-Cast : Therefore 

resolved that the sd. Account be and hereby is accepted 
& allowd. and the sd. Treasurer is hereby discharged of 
the Sum of $1362.05 leaving a ballance of $137.95 on a 
Warrant drawn on the Treasury for $1500 Dated June 
12th 1800. 

Be it further Resolved that there be & hereby is granted 
a further Sum not exceeding five hundred dollars to be 
paid out of the Treasury of this Comonwealth to Peleg 
Coffin Esqr. Treasurer which with the Ballance aforesd. 
is to enable him to finish & compleat the alterations and 
repairs necessary on the Province House and appendages, 
agreeably to Resolve of 12th of June aforesd., the sd. 
Treasurer to lay his Accounts before the Legislature for 
examination as soon as the repairs shall be compleated. 

March 5, 1801. 



216 Resolves, 1800. — January Session. 



Chapter 136. 

RESOLVE ON THE PETITION OF LEMUEL COX AND WILLIAM 
HAWES, APPOINTING AARON PUTNAM AND JOSIAH BART- 
LETT, ESQUIRES, AGENTS TO MAKE PARTITION OF A TRACT 
OF LAND IN CHARLESTOWN AND TO PAY THE PROCEEDS 
INTO THE TREASURY. 

On the Petition of Lemuel Cox and William Hawes. 

Resolved, for reasons set forth in said Petition That 
Aaron Putnam, and Josiah Bartlett Esqrs. be and hereby 
are appointed Agents on behalf of this Commonwealth to 
make partition of a tract of land lying in the Town of 
Charlestown, the property of this Commonwealth, and the 
said Cox & Hawes. And to release the Commonwealth's 
interest in said land to the said Cox and Hawes, or to any 
other persons if the said Agents shall see fit, and to pay 
the proceeds thereof into the Treasury of this Common- 
wealth. March 5, 1801. 

Chapter 137. 

RESOLVE ON THE PETITION OF THE FIRST PARISH IN THE 
TOWN OF NEWBURY, AUTHORIZING THE ASSESSORS TO ASSESS 
OVER ANEW. 

On the petition of the first Parish in the town of New- 
bury praying to be authorized to assess over anew several 
taxes which have been adjudged by the Supreme Court 
deficient in point of form. 

Resolved that the present Assessors of said Parish or 
those next to be chosen in said Parish be, and they hereby 
are authorized to assess over anew the several taxes which 
were voted by said Parish in the years 1796, 1797, 1798, 
and seventeen hundred and ninety nine, according to the 
rules of law in force in those years respectively, on the 
polls and estates of all the inhabitants of said Parish then 
liable to taxation there and such taxes to commit to their 
Collector, or to the one next to be chosen, with a Warrant 
in due form of Law to collect the same, said assessors to 
credit and allow on the book or books committed to said 
Collector, to all persons who have voluntarily paid their 
said taxes or any part thereof, the several sums they may 
have so paid, and which they cannot by law recover back 
again. March 5, 1801. 



Resolves, 1800. — January Session. 217 



Chapter 138. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE TOWN 
OF BANGOR, CONFIRMING THEIR RESPECTIVE LOTS. 

On the petition of the Inhabitants of the Town of Ban- 
gor, praying for a confermation of the respective Lots on 
which they settled, before the seventeenth day of Feby. 1 798. 

Resolved that all the settlers in the Town of Bangor or 
their legal representatives, who actually settled before the 
first day of January 1784 be intitled to a Deed of their 
respective Lots of one hundred acres each, by paying into 
the Treasurey of this Commonwealth eight Dollars and 
forty five cents : and all those who actually settled on their 
respective Lots since the first day of January 1784 and 
before the seventeenth day of Feby. 1798 — be intitled to 
a Deed of their respective Lots of one hundred acres each, 
by paying into the Treasurey of this Commonwealth one 
hundred Dollars. 

And be it further resolved, that the Committee for the 
sale of eastern Lands, be, and they are hereby directed, 
to cause the several Lots in the Town of Bangor, to be 
surveyed and run out by meets and bounds to each of the 
settlers, in said Town, agreeable to this resolve, by some 
faithful! surveyor, whom they may appoint, the expence 
of surveying to be paid by the settlers, and a return 
thereof to be made to said Committee by the first day of 
November next, and that six months be allowed to each 
settler after the return of the surveyor, to pay for their 
Lands, the settlers paying Interest from this date, upon 
the money for their respective Lots. 

And be it farther resolved, that if any dispute shall arise 
between any of the settlers, relative to their dividing lines, 
the parties in dispute shall chuse each one a man and the 
Surveyor a third man, the major part of whom, being 
agreed, upon the lines, the surveyor shall run the lines 
and set up the bounds accordingly. March 5, 1801. 

Chapter 139. 

RESOLVE FOR GRANTING LANDS TO CERTAIN SOLDIERS, WITH 
DIRECTIONS TO THE SECRETARY TO PUBLISH THIS RESOLVE 
IN THE SEVERAL NEWSPAPERS WITHIN THIS COMMON- 
WEALTH. 

Whereas application has been made to this Court by a 
number of persons who served in the late American Army 



218 Resolves, 1800. — January Session. 

during the War with Great Britain, praying for a grant 
of some of the unappropriated lands in this Commonwealth ; 
and as such a grant will promote the settlement of such 
land as well as be some reward to those citizens, whose 
meritorious services in the field so essentially contributed 
to establish our Independence : Therefore 

Resolved, That there be and hereby is granted to each 
non-commissioned Officer and soldier who enlisted into 
the late American Army to serve during the war with 
Great Britain, and who was returned as a part of this 
States quota of said Army, and who did actually serve in 
said Army the full term of three years, and who were 
honorably discharged, and unto the Children if any there 
be ; if not to the widow of such non commissioned Officer 
& soldier and to them only who enlisted as aforesaid and 
died in said service two hundred acres to be laid out at 
the expence of the Commonwealth, as soon as there shall 
appear a number sufficient to take up a quantity of land 
that shall be equal to one Township of six miles square, 
to be divided and appropriated under such regulations as 
the Generall Court shall hereafter prescribe, within the 
following limits viz., Beginning at the Northeast corner 
of the land now appropriated by the Committee for the 
sale of Eastern Lands, on the eastern line of this Com- 
monwealth, thence running west six miles, thence north- 
erly in a line parrallel with the said Eastern boundary 
line, until a tract shall be compleated sufficient for each 
noncommissioned officer and private soldier — their Chil- 
dren or Widows as aforesaid to have the aforesaid quantity 
of two hundred acres, or twenty Dollars as an equivalent 
for the aforesaid two hundred acres, to be paid out of 
the Treasury, to the Selectmen of the Town, where any 
such noncommissioned Officer or Soldier their children 
or widows as aforesaid resides for his or their use and 
benefit. 

And it is further Resolved, That where any such non- 
commissioned Officer or soldier has deceased or shall de- 
cease before he shall get possession of the land hereby 
granted to him, his Children or widow as aforesaid shall 
be entitled to the same. And in order to secure to the 
said noncommissioned officers & privates and their chil- 
dren & widows as aforesaid, the benefit of this grant, 

It is further Resolved, That all Deeds, mortgages or 
conveyances of or bonds or contracts of every description 



Resolves, 1800. — January Session. 219 

concerning any of said Lands, which may be made by any 
such noncommissioned officer or private, his Children or 
Widow before the same shall be laid out, and have a set- 
tlement made thereon, and five acres thereof shall have 
been bro't under improvement shall be null & void. Pro- 
vided always, That no such noncommissioned Officer or 
soldier his Children or Widow, shall have any benefit 
from this Resolve, who shall not make application there- 
for within three years from the time of passing this Re- 
solve, and who shall not make the aforesaid settlement 
and cultivation within the term of six years. And the 
Secretary is directed to publish this Resolve in such of 
the Newspapers printed in this Commonwealth as his Ex- 
cellency the Governor may direct six weeks successively, 
directly after passing the same. March 5, 1801. 

Chapter 140. 

RESOLVE ON THE ACCOUNTS OF THE COMMITTEE FOR THE 
SALE OF EASTERN LANDS, WITH DIRECTIONS TO THE SEC- 
RETARY TO PRINT THE REPORT OF THE COMMITTEE BY 
THE NEXT SESSION, AND INSTRUCTING THE SAID COMMIT- 
TEE RESPECTING CONTRACTS, AND MAKING A GRANT TO SAID 
COMMITTEE ON THE SETTLEMENT OF THEIR ACCOUNTS. 

The Committee of both Houses, to whom was committed 
the report of the Committee for the sale of Eastern lands, 
have considered the same & report. 

That it appears by the accounts exhibited by said Com- 
mittee for the sale of [of] Eastern lands, that the sum of 
ten thousand, six hundred & seventy two Dollars, & twenty 
nine cents, which sum has been increased by compound 
interest to fourteen thousand, nine hundred & ninety six 
Dollars & forty nine cents and received by Leonard Jarvis 
Esqr. late one of said Committee ; reference to the com- 
munications from two of the aforesaid Committee for the 
sale of Eastern lands accompanying this report will give 
the particulars respecting the aforesaid transactions, as it 
respects said Jarvis. 

That they have examined said accounts of the Commit- 
tee for the sale of Eastern lands, and find them right cast 
and well vouched. 

which is submitted, 

NATHANIEL DUMMER per order. 



220 Resolves, 1800. — January Session. 



Resolved, That the Secretary he, & he is hereby directed 
to cause three hundred copies of the report of the Commit- 
tee for the sale of eastern lands, made to the Legislature 
the present Session, to be printed and lodged in his Office, 
by the tenth day of May next, one copy of which report 
to be delivered to the Governor, and one to each member 
of the Council, Senate, & House of Representatives or to 
their order respectively. 

And it is farther Resolved, That in all cases where the 
Contractors for land have not paid more than ten per cent, 
on the sum required as a consideration for the land sold, 
and the time has expired for the fulfilment of said contract, 
said Committee for the sale of Eastern Lands, shall give 
public notice in the State paper, & in such other papers 
as they shall judge necessary. 

And it is further Resolved, That unless the contracts 
of the aforesaid description shall be closed to the satisfac- 
tion of said Committee within six months from the first 
publication of the notice aforesaid, said Committee exhibit 
to the next General Court, which shall be holden after the 
expiration of the six months notice as aforesaid, a par- 
ticular statement of all the deficiencies of the aforesaid 
description. 

And it is further Resolved, That there be paid out of 
the Treasury of this Commonwealth to the said Commit- 
tee for the sale of Eastern lands, the ballance due them, 
being four hundred eighty nine Dollars, & twenty eight 
cents, excepting said Jarvis' proportion of Commission, 
being one fifth of two per cent, arising on ten thousand, 
six hundred, seventy two Dollars, & twenty nine cents, 
which shall be endorsed on said Jarvis' obligation in the 
Treasurers Office ; And His Excellency the Governor, 
with advice of Council is requested to draw his Warrant 
on the Treasury accordingly. March 5, 1801. 

Chapter 141. 

RESOLVE ON THE PETITION OF WILLIAM MARTIN AND OTHERS, 
A COMMITTEE OF THE TRUSTEES OF BOWDOIN COLLEGE, 
DIRECTING THE COMMITTEE FOR THE SALE OF EASTERN 
LANDS TO ENGAGE A SURVEYOR FOR THE PURPOSES MEN- 
TIONED. 

On the Petition of William Martin, Isaac Parker and 
Elijah Kellog a Committe of the Trustees of Bowdoin 
College, praying that the Bounds of Township No. 4 in 



Resolves, 1800. — January Session. 221 

the Seventh Range of Townships North of the Waldo 
Claim may be examin'd and the errors of the original sur- 
vey corrected. 

Resolved that the comittee for the Sale of Eastern Lands 
be and hereby are directed to engage the Surveyor who 
originally surveyd. sd. Township No. 4 (or some other 
Surveyor) to examine the Bounds of said Township & 
correct any errors & mistakes he may find therein said 
survey to be made at the expence of Government if the 
Bounds are found incorrect or erroneous, otherwise at the 
expence of sd. Trustees. March 5, 1801. 

Chapter 142. 

RESOLVE APPOINTING THE HON. EDWARD H. ROBB1NS, AND 
NICHOLAS TILLINGHAST, COMMISSIONERS TO ASCERTAIN 
THE BOUNDARY LINE BETWEEN THIS COMMONWEALTH 
AND THE STATE OF RHODE ISLAND, AND AUTHORIZING 
THEM TO APPOINT SURVEYORS; THE SAID COMMISSIONERS 
TO BE COMMISSIONED BY THE GOVERNOR, WHO IS RE- 
QUESTED TO WRITE TO THE GOVERNOR OF THE STATE OF 
RHODE ISLAND ENCLOSING A COPY OF THIS RESOLUTION. 

Whereas it appears by a Petition and representation 
from the Town of Wrentham, that disputes & difficulties 
now exist respecting the boundary line between this Com- 
monwealth and the state of Rhode Island, that the same 
lands and buildings adjoining or contiguous to the North 
line of said State, in some instances have been Assessed, 
and the Taxes thereon collected under the authority of 
the respective Governments, whereby, animosities and 
disturbances between the good Citizens thereof, are ex- 
cited, and individuals subjected to unreasonable burthens : 
And whereas it is highly desirable, that measures may be 
taken that will effect a settlement of the said boundary 
line, (in all cases, where it has not heretofore been setled 
and established) by which means, all difficulties & dis- 
putes relative thereto, between the respective Govern- 
ments or any of the Citizens thereof, may in future be 
prevented, and individuals taxed as aforesaid, be releived, 
and although the mode directed and pursued by an Act 
of this Commonwealth for establishing said line passed 
in the Year 1791, (viz.) by Commissioners appointed for 
that purpose, (and which was agreed to by the said State) 
proved, in some measure abortive, and a settlement at that 
time was effected only in part ; yet it appears to this Legis- 



222 Resolves, 1800. — January Session. 

lature that the mode aforesaid is the most eligible way of 
setling similar disputes, unless circumstances are such as 
to render a settlement in such manner, impracticable, and 
it is deemed expedient to make another attempt for a set- 
tlement of the said dispute in the mode before directed : 
therefore 

Resolved, that the Hon. Edward H. Robbins & Nichs. 
Tillinghast Esqrs. be appointed Commissioners on the part 
of this Commonwealth for ascertaining the boundary line 
between the same and the said state of Rhode Island, and 
the said Commissioners are hereby authorised and empow- 
ered to meet such Commissioners as may be appointed and 
vested with similar powers for the above purpose by the 
Legislature of the said State of Rhode Island, and in con- 
junction with them, to ascertain, run and mark such boun- 
dary line, upon such principles, touching the runing said 
line as from the best documents they can obtain may 
appear to them just and reasonable, which line when so 
ascertained and approved by the Legislatures of the re- 
spective Governments afore Said shall forever afterwards 
be considered and held to be the true and just boundary 
line of jurisdiction, between this Commonwealth and the 
aforesaid State. 

Resolved that in case of disagreement of the Commis- 
sioners afore Said, when met for the purposes afore Said, 
whereby a Settlement of said line may be prevented or if 
said State of Rhode Island, shall decline appointing Com- 
missioners to meet with the Commissioners appointed by 
this Commonwealth for the purpose afore said, that the 
Commissioners on the part of this Commonwealth in either 
case are hereby Authorised and required to ascertain and 
clearly describe such line as they from the best documents 
they can obtain as aforesaid, shall judge the most just and 
equitable and as in their opinion, shall have the greatest 
tendancy, to prevent further disputes, as to the line of 
jurisdiction aforesaid and make report to the next General 
Court as soon as convenient. 

Resolved, that said Commissioners on the part of this 
Commonwealth, when appointed be and they hereby are 
authorised to employ such Surveyors and Chainmen as 
they may think proper, to assist in ascertaining the same 
line as aforesaid, and such Commissioners, prior to their 
entering on the business herein assigned them, shall re- 
ceive a Commission from the Govenor, under the seal of 



Kesolves, 1800. — January Session. 223 

this Commonwealth, agreable to the powers with which 
they are hereby vested. 

And Be it further Resolved that the Govenor of this 
Commonwealth be, and he hereby is requested to transmit 
a coppy of these Resolutions to the Govenor of Rhode 
Is [Z] and, that the same may be communicated to the 
Legislature of said State, in order that measures may be 
taken on the part of that State, to carry the same into 
eftect. March 5, 1801. 



Chapter 143. 

RESOLVE ON THE PETITION OF ISAAC COLLIER AND OTHERS, 
AND OF JOSIAH LITTLE, ESQ. AGENT FOR THE FEJEPSCOT 
PROPRIETORS. 

On the petition of Isaac Collier and others Inhabitants 
of Lewiston, Green and the plantation of Littleborough 
and little river in the counties of Lincoln and Kennebeck, 
and of a place called the Gore in the county of Cumber- 
land setting forth that a meeting of the pejepscot pro- 
prietors has been notified and called for the purpose of 
appointing and empowering an agent to make a deed to 
the Commonwealth pursuant to the award of RefFerees 
appointed by the government and the said proprietors &c. 
and praying that no advantage may be allowed them, to 
the injury of the petitioners, by any act of Government ; 
and the petition of Josiah Little Esq. agent for the said 
pejepscot proprietors praying he may be allowed to tender 
a deed which shall be accepted and considered as a full 
satisfaction, in this respect, of the award of the said 
Refferees, the time prescribed for tiling such deed having 
elapsed notwithstanding. 

Whereas it appears by the records of the General Court 
that a resolve was passed in June 1798 authorising and 
empowering the attorney general to submit, under a rule 
of the supreme judicial court at the term thereof then 
next to l)e holden at Augusta, if he should think fit, all 
or any of the controversies, disputes, claims and demands 
subsisting between the Commonwealth and the pejepscot 
proprietors, so called, to be mutually agreed upon by the 
said attorney general and the agent of the sd. pejepscot 
proprietors, the said submission to be made upon such 
conditions limitations and restrictions as the said attorney 
genera] might think for the benefit and interest of this 



224 Resolves, 1800. — January Session. 

Commonwealth, and all concerned, provided the same 
should not be inconsistent with the stipulations therein 
afterwards recited — And whereas it appears on the records 
of the supreme judicial court that James Sullivan Esq., 
attorney general, for and in behalf of this Commonwealth, 
and Josiah Little Esq. as agent for the said pejepscot pro- 
prietors at the supreme judicial court holden at Augusta 
within the county of Lincoln and for the counties of Lin- 
coln, Hancock and Washington on the second tuesday 
next following the fourth Tuesday of June A D 1798, did 
submit, under a rule of the said court, and with an express 
recognition and allowance on the part of the said proprie- 
tors by their sd. agent, of all the stipulations mentioned 
in the said Resolve, to the determination of Levi Lincoln, 
Samuel Dexter Junr. and Thomas D wight Esquires, all 
the claim and estate which the said proprietors and the sd. 
Little or either of them or any persons claiming under 
them have, and which the Commonwealth have, in and to 
certain tracts of land described in said Rule — And whereas 
the said Levi Lincoln, Saml. Dexter Junr. and Thomas 
Dwight Esquires, taking upon themselves the burthens 
and duties so assigned them, met the said parties and 
after fully hearing them and considering the allegations 
proofs and pleas of the parties did award to the said Pejep- 
scot proprietors the lands on which the sd. Isaac Collier 
and others the Inhabitants aforesaid are settled, described 
by certain bounds and lines mentioned in their award, 
on condition that the said proprietors should, within six 
months from the date of their award, by a deed of release 
made to the Commonwealth (sufficient in the opinion of 
the supreme Judicial court, or of the attorney general, to 
bar the said pejepscot proprietors from any future claims 
to land northerly of the northerly boundaries of the tracts 
awarded by them to the said pejepscot proprietors and to 
confirm the same to the said Commonwealth) release all 
their the said proprietors claim, right & title to and in the 
said land situate northerly of the boundaries aforesd. to 
the said Commonwealth, and shall lodge the same deed 
within the time aforesaid in the Clerk's office of the same 
court, or with the said attorney, for the use of the Common- 
wealth — which award was read and accepted at the Feb- 
ruary term of the supreme court at Boston A D 1800 as of 
July term A D 1799 at Pownalborough in [in] the county 



Resolves, 1800. — January Session. 225 

of Lincoln, and Judgment accordingly — And whereas the 
said Josiah Little Esq. as agent for the said proprietors 
did in fact within the time limited as aforesaid for this 
purpose by the said award, lodge an instrument or writing 
purporting to be the deed awarded as aforesaid but which 
the said attorney general rejected as insufficient, in his 
opinion, to bar the sd. pejepscot proprietors from any 
future claim to the lands north of the boundaries afore- 
said ; and the said proprietors have not in any other man- 
ner satisfied that part of the award aforesaid which respects 
the deed of release — The said Josiah, as agent for the 
said proprietors and fully authorised for this purpose 
therefore now comes before this court and oilers a deed 
of release to the Commonwealth of all the lands northerly 
of the northerly lines and boundaries of the lands awarded 
to the said pejepscot proprietors as aforesaid, which he 
says is sufficient to bar the said proprietors from any 
future claim to the same, and prays that, at the pleasure 
of this Court, it may be admitted as a satisfaction of the 
said Condition — But because this general Court feel it to 
be their indispensible duty to grant equal protection to the 
citizens of the Commonwealth, and it appears that the 
rights of a certain description of the petitioners were over- 
looked in the resolve authorising the submission aforesd., 
which ought to be preserved and secured : Therefore 
resolved, That the supreme judicial court be, and they 
hereby are, authorised and empowered at any future term 
thereof, to receive a deed of release to the Commonwealth 
from the said proprietors or their agent lawfully empow- 
ered thereto, of all the lands northerly of the northerly 
bounds of the tracts awarded to the said pejepscot pro- 
prietors as aforesaid which, in their opinion shall be suffi- 
cient to bar the sd. proprs. from any future claim to such 
lands — Provided & on condition the said Proprietors or 
any person or persons holding lands under them, on the 
Easterly side of Andmoscoging river (except the land in 
the town of Topsham) or on the Westerly side of said 
river & north of the South line of Durham within said 
Pejepscott claim — shall agree to consider the same so tar 
as it respects the Settlers thereon, as undivided lands; 
And the Commissioners to be appointed by the Governor 
and Council in pursuance of the Resolvo of June 29 1798, 
shall value all the said Settlers lots in the same manner 



226 Resolves, 1800. — January Session. 

as lots on the undivided lands — & said Settlers on all 
the land aforesaid whether divided or undivided shall be 
quieted in the same way as settlers on the undivided lands 
are to be quieted by the Resolve aforesaid. 

March 5, 1801. 

Chapter 144. 

RESOLVE ON THE PETITION OF SUNDRY INHABITANTS OF THE 
TOWN OF RUSSELL, IN THE COUNTY OF HAMPSHIRE, GRANT- 
ING A SUM FOR THE ERECTION OF A BRIDGE. 

On the petition of sundry Inhabitants of the town of 
Russell in the County of Hampshire, praying for the aid 
of government, in erecting a bridge of permanent mate- 
rials, at a dangerous pass in said town, formerly called 
Westfield Mountain, which much exceeds the ability of 
said town to keep in repair. 

Resolved that there be allowed & paid out of the Public 
Treasury to the said town of Russell, the sum of Sixty two 
Dollars & seventy eight cents being the amount of their 
State Tax for the year 1800, to be applied to the purpose 
of erecting said permanent bridge : provided the said town 
shall produce satisfactory evidence, that the said sum has 
been faithfully and exclusively applied, to the purposes 
for which it is granted, within two years from the date of 
this Resolve. March 6', 1801. 

Chapter 145. 

RESOLVE ON THE PETITION OF MOSES SMITH, EMPOWERING 
ABRAHAM HASKELL, IN BEHALF OF HIS MINOR CHILDREN, 
TO RELEASE AND RE-CONVEY TO SAID SMITH, THE LAND 
MENTIONED. 

On the Petition of Moses Smith praying that Abraham 
Haskell may be impowered to reconvey a Certain Tract 
of Land which he the said Smith had given a deed of to 
Peter Green. 

Resolved for reasons Set forth in Said Petition that the 
Said Abraham Haskell be and he is hereby impowered in 
behalf of his minor Children to release and reconvey to 
the Said Moses Smith all their right Title and interest of 
in and unto a Certain Farm of about Twenty eight Acres 
of Land with a house barn and Black-smiths Shop thereon 
Situate in the Central part of Lancaster and bounded as 
by the deed given by said Moses Smith to Said Peter 
(Jreen — any Law to the Contrary notwithstanding. 

March 6, 1801. 



Resolves, 1800. — January Session. 227 



Chapter 146. 

RESOLVE ON THE PETITION OF JAMES SPROUT AND OTHERS, 
AUTHORIZING THE GOVERNOR, WITH THE ADVICE OF 
COUNCIL, TO RAISE A COMPANY OF LIGHT INFANTRY IN 
THE TOWN OF TAUNTON. 

On the Petition of James Sprout & others, praying for 
leave to raise a Company of Light Infantry, in the Town 
of Taunton, within the second Regiment, Second Brigade 
& fifth Division of Militia. 

Resolved, That his Excellency the Governor with the 
advice of Council, be and hereby is authorized to raise 
a Company of Light Infantry, in the second Regiment, 
second Brigade, & fifth Division, of the Militia of this 
Commonwealth, to be attached to the said Second Regi- 
ment, Subject to all the rules & regulations, that are or 
may be by Law provided, for the Goverment of the Militia 
within this Commonwealth. March 6', 1801. 

Chapter 147. 

RESOLVE ON THE PETITION OF DAVID HARDING AND OTHERS, 
AUTHORIZING THE GOVERNOR, WITH THE ADVICE OF COUN- 
CIL, TO ESTABLISH A COMPANY OF LIGHT INFANTRY IN THE 
TOWN OF GORHAM. 

On the Petition of David Harding and others praying 
for leave to raise a Company of Light Infantry in the third 
Regiment of the Second Brigade and Sixth division of the 
Militia of this Commonwealth. 

Resolved that the Governor by and with the advice of 
the Council be and hereby is authorized and empowered 
to establish a Company of Light Infantry in the Town of 
Gorham in the third Regiment, in the Second Brigade, 
and in the Sixth Division of the Militia of this Comon- 
wealth, which Company when raised is to be annexed to 
the third Regiment and subject to such Rules and Regu- 
lations as are or may be prescribed by Law for regulating 
the Militia of this Commonwealth — Provided however \ 
that none of the Companies of Militia already formed in 
said Town of Gorham shall be reduced below the number 
prescribed by Law to form the sd. Company. 

March 6, 1801. 



228 Resolves, 1800. — January Session. 



Chapter 148. 

RESOLVE ON THE PETITION OF ASA TOWN AND OTHERS, 
AUTHORIZING THE GOVERNOR, WITH THE ADVICE OF 
COUNCIL, TO ESTABLISH TWO COMPANIES OF CAVALRY IN 
THE 2D BRIGADE OF THE 2D DIVISION OF MILITIA, IN THE 
COUNTY OF ESSEX. 

On the petition of Asa Town & others praying for leave 
to form a company of Cavalry in the towns of Andover & 
Boxford — & Daniel Swett & others praying leave to form 
a company of Cavalry in the towns of Haverhill, Bradford 
& Methuen both in the second brigade of the second divi- 
sion of the Militia of this Commonwealth. 

Resolved that the Governor with the consent of the 
Council, be & is hereby authorized & empowered to 
establish two companies of Cavalry within the limits of 
the said brigade ; & which are to be annexed to the Cav- 
alry composing the squadron now belonging to the brigade 
aforesaid ; subject however to all such rules regulations 
& Orders as now are or may hereafter be provided for 
the government of the militia of this Commonwealth. 

March 6,1801. 



Chapter 149. 

RESOLVE GRANTING 120 DOLLARS TO THE ASSISTANT CLERK 
OF THE SENATE. 

Resolved, That there be paid, out of the Treasury of this 
Commonwealth, to Geo. E. Vaughan, Assistant Clerk of 
the Senate, the sum of One hundred & twenty dollars for 
his services the present Session. March 6', 1801. 

Chapter 150. 

RESOLVE GRANTING MONEY TO THE AGENTS FOR SUPERIN- 
TENDING THE COMPILING AND PUBLISHING THE MAPS OF 
THIS COMMONWEALTH, AND AUTHORIZING THEM TO CON- 
TRACT FOR A CERTAIN NUMBER OF SAID MAPS. 

Resolved that the Agents for superintending the com- 
piling & publishing the Maps of this Commonwealth be & 
they are hereby authorized to contract for the printing & 
doing up of one hundred setts of the Maps of this Com- 
monwealth in addition to the number already contracted 
for. 



Resolves, 1800. — January Session. 229 

& be it further resolved that the sum of nine hundred & 
sixty eight Dollars & thirteen Cents be paid out of the 
Treasury of this Commonwealth to the said Agents for 
the purpose of enabling them to eompleat the said Con- 
tract — & for said additional maps. 

And be it further resolved that the sum of four hundred 
& fifty Dollars be granted & paid to the said Agents as a 
full compensation for all their services in superintending 
the compiling & publishing the Maps of this Common- 
wealth. March 6, 1801. 

Chapter 151. 

RESOLVE DIRECTING THE COMMITTEE FOR THE PRINTING 
THE STATUTE LAWS OF THE COMMONWEALTH TO EXHIBIT 
THE ACCOUNT OF THE PRINTERS FOR ADJUSTMENT AND 
ALLOWANCE. 

Resolved, That the committee, appointed to contract for 
a new Edition of the Statute Laws of this Commonwealth, 
be, & hereby are, authorized & instructed to receive of 
the printers, with whom they have contracted, five hun- 
dred sets of the said Laws, at the price stipulated, if that 
number shall be compleated agreeably to the specimen ex- 
hibited to the General Court, and said Committee are also 
hereby authorized to purchase an additional hundred setts 
of said Volumes if to be obtained at the same rate. 

Resolved, That the Books received by the committee 
aforesaid pursuant to the foregoing Resolution, be de- 
posited in the Secretary's Office, to be disposed of agree- 
ably to the order of the Legislature. 

Resolved, That the said Committee lay before the 
Supreme Executive, an Account of the printers for the 
aforesaid five hundred sets of Statute Laws and also for 
the additional hundred for adjustment & allowance. And 
that the Amount of the said Accounts, so adjusted & al- 
lowed, be paid to the said printers, out of the Treasury 
of this Commonwealth. March 6, 1801. 

Chapter 152. 

RESOLVE ON THE PETITION OF THE TOWN OF TRENTON, 
DIRECTING THE TREASURER TO SUSPEND HIS EXECUTIONS 
AGAINST SAID TOWN. 

On the petition of the town of Trenton, for remission 
of their State Tax, of One hundred & thirty four Dols. 



230 Resolves, 1800. — January Session. 

& twenty nine Cents for the year 1788, — of Thirty three 
Dollars in the year 1790 —and of Fifty Dollars & seven 
cents for the year 1791. 

Resolved that the Treasurer of this Commonwealth be, 
& he is hereby directed to suspend his executions against 
the said town of Trenton, for the taxes aforesaid, until the 
further order of the General Court. March 6, 1801. 

Chapter 153. 

RESOLVE DIRECTING THE SECRETARY TO DISTRIBUTE THE 
MAPS OF THIS COMMONWEALTH. 

Resolved that the Secretary of the Commonwealth be, 
and he hereby is directed to cause the maps of the Terri- 
tory of Massachusetts contracted for with Osgood Carle- 
ton, to be distributed in manner following to wit. — To & 
for the use of the honorable Council two setts ; to & for the 
use of the two Houses of the Legislature six setts, to the 
Clerk of each town or district, & to the Assessors of each 
unincorporated plantation within this Commonwealth, one 
sett, for the use of such town, district or plantation ; to 
the University at Cambridge, to Bowdoin, and Williams 
Colleges, to the Massachusetts Academy of Arts & Sciences, 
to the Massachusetts Historical Society, to the Agricultural 
Society of Massachusetts, and to the Kennebeck Agricult- 
ural Society, two setts each. March 6, 1801. 

Chapter 154. 

RESOLVE DIRECTING THE SECRETARY IN WHAT MANNER TO 
DISTRIBUTE THE LAWS OF THIS COMMONWEALTH. 

Resolved that the Secretary of the Commonwealth be & 
he hereby is directed to cause the laws of this Common- 
wealth, the publication whereof has been contracted for 
with Messrs. Manning & Loring, to be distributed in the 
following manner; to wit; to the Governor and Council, 
and the two Houses of the Legislature, twenty setts, for 
their use ; to each of the Justices of the Supreme Judicial 
Court, one sett ; to the Treasurer of the Commonwealth 
one sett; to the Attorney General & Solicitor General, 
one sett each ; to the Judge of Probate in each County, one 
set, for the use of the Probate Office in such County, to 
the Sheriff in each County, one sett ; to the Clerk of the 
Court of Common Pleas & of the Court of the General 



Resolves, 1800. — January Session. 231 

Sessions of the Peace in each County, one sett, for the 
use of such Court ; to the Clerk of each town or district 
& to the assessors of each unincorporated plantation within 
this Commonwealth, one sett, for the use of such town, 
district, or plantation. 

And it is farther resolved, that upon the death, resig- 
nation, or removal from office of either of said Justices, 
Clerks, or other Officers aforesaid, he, his executors, or 
administrators respectively shall be held & obliged to 
deliver over the sett of the laws, which he shall have re- 
ceived pursuant to this resolve, to his successor in office; 
and that upon the incorporation of any unincorporated 
plantation into a town or district, the assessors of such 
plantation shall deliver over the sett of laws by them re- 
ceived as aforesaid to the clerk of such incorporated town, 
or district, for the use of the same. March 6, 1801. 

Chapter 155. 

RESOLVE DIRECTING THE SECRETARY TO DELIVER TO THE 
ATTORNEY GENERAL AND SOLICITOR GENERAL, FROM TIME 
TO TIME, A CERTIFIED LIST OF TOWNS DELINQUENT IN 
MAKING ELECTION RETURNS. 

Resolved that the Secretary of this Commonwealth be 
& he hereby is directed from time to time to make out 
and deliver to the Attorney General & Solicitor General 
a certified list of those Towns, Districts & Plantations 
from which the returns of Votes at any election shall not 
be seasonably made, in order that the process prescribed 
by law may be brought against the delinquents in manner 
by law provided. March 7, 1801. 

Chapter 156. 

RESOLVE ON THE PETITION OF ZEBINA CURTIS, AUTHORIZ- 
ING THE COMMITTEE FOR THE SALE OF EASTERN LANDS 
TO CREDIT SAID ZEBINA WITH 1000 DOLLARS. 

On the Petition of Zebina' Curtis. 

Resolved, That the Committee for the sale of [of] Eastern 
lands, be & hereby are authorized and empowered, for the 
reasons set forth in said Petition to credit the said Zebina 
Curtis ; the sum of One thousand Dollars in part of the 
purchase money due on twelve thousand two hundred & 
six acres of land, being the quantity of surplus lands upon 
a rcsurvey of Township marked on the plan with the 
letter C. ' March 7, 1801. 



232 Resolves, 1800. — January Session. 



Chapter 157. 

RESOLVE GRANTING PAY TO THE COMMITTEE ON ACCOUNTS. 

Resolved That there be paid out of the public Treasury 
of this Commonwealth to the Committee appointed to 
examine & pass on accounts for their attendance on that 
service, during the last & present Session the sums an- 
nexed to their names, in addition to their pay as members 
of the Legislature, viz. to the Honble. Isaac Thompson 
Esq. to the Honble. Thomas Hale Esquire & to Silas Hol- 
man Esquire, for forty four days attendance the sum of 
twenty two Dollars each — to James Taylor Esquire for 
thirty six Days attendance the sum of eighteen Dollars & 
to Nathaniel C. Allen Esquire for four Days attendance 
the sum of two dollars — which sums shall be in full for 
their services aforesaid. March 7, 1801. 

Chapter 158. 

RESOLVE ON THE PETITION OF WILLIAM O'BRIEN, AUTHORIZ- 
ING JAMES LITHGOW TO SELL AND CONVEY A CERTAIN 
TRACT OF LAND. 

On the petition of William Obrien. 

Resolved that James Lithgow be and he hereby is author- 
ised & impowered to sell & convey to the said William 
Obrien a certain tract of land containing twenty acres 
situate in Dresden on the Eastern river, being part of the 
Eastern farm so called bounded Westerly on said river, 
southerly on the south line of said farm, Easterly on a 
line drawn parallel with & two rods westerly from a small 
rivulet running across said farm & to extend so far north- 
erly as to compleat the said quantity of twenty acres — it 
being a part of the lands which are now vested in the said 
Lithgow as tenant by the curtesy, the right of reversion 
in which belongs to the infant children of said Lithgow by 
Ann Lithgow his deceased wife — provided however that 
the said Lithgow shall secure or cause to be secured to 
his said children the value of said twenty acres of land, 
to be appraised by three disinterested Freeholders in the 
County of Lincoln to be appointed by the Judge of Pro- 
bate in and for said County who is hereby authorised to 
make the said appointment and to receive the said Lith- 
gow's bond with sufficient sureties to account with his 
children for their proportions of the sum he shall receive 
for said land as they respectively come of age. 

March 7, 1801. 



Resolves, 1800. — January Session. 233 



Chapter 159. 

RESOLVE ON THE PETITION OF COBURN BLOOD. 

On the Petition of Coburn Blood setting forth that he 
stands defaulted on a recognizance before the supreme 
judicial Court holden at Concord in the county of Middle- 
sex at April term 1800 for seven hundred dollars, since 
which viz. at the October Term of the same Court then 
next following holden at Cambridge, he appeared, received 
the sentence and abided the order of said Court and there- 
fore praying that an order of this honble. Court may pass 
that an execution for the said Sum of seven hundred dol- 
lars awarded on judgment entered up agt. the said Coburn 
Blood, shall not be issued &c. 

Resolved, for Reasons set forth in the said petition and 
for others which appear to this Court, that the Clerk of 
the supreme judicial Court in the county of Middlesex be 
directed not to issue his execution against the said Coburn 
Blood for the sd. Seven hundred dollars forfeited, and for 
which judgt. has been rendered, as aforesaid, and that the 
said Sum be released to the said Blood. 

March 7, 1801. 

Chapter 160. 

RESOLVE ON THE STATEMENT MADE BY EPHRAIM WILLIAMS, 
ESQ. RESPECTING WILLIAM TOWNER, AUTHORIZING THE 
JUSTICES OF THE PEACE IN THE COUNTY OF BERKSHIRE 
TO TAKE AFFIDAVITS IN THE CASE. 

On the statement made by Ephraim Williams Esq. re- 
specting certain accounts allowed by the Committee of 
both houses appointed to pass on public accounts to Wil- 
liam Towner Esq. and to the Town of Williamstown, the 
consideration whereof is referred to the first Session of 
the Next Genl. Court, when the said Towner suggests, 
that the affidavits of certain persons will be important to 
him, & prays, that the Genl. Court would provide some 
mode of obtaining said Affidavits. 

Resolved that the several Justices of the Peace in & 
for the County of Berkshire be and they are hereby author- 
ised, upon the application of the said Towner & at his own 
charge & expence, to issue a summons to any person or 
persons to appear before any such justice for the purpose 
of making affidavit to be used as aforesaid, and to proceed 



234 Resolves, 1800. — January Session. 

in taking such affidavit, in the same manner as Justices of 
the Peace are authorised to do in taking affidavits out of 
Court in any civil action pending in any Court of common 
law ; and any person so summoned, who shall refuse or 
neglect to appear accordingly, shall be liable to the same 
penalties and on like conditions as are provided in cases 
of persons refusing or neglecting to appear before any 
Justice of the peace after due summons for the purpose 
of making affidavit in civil actions pending as aforesaid. 
And the Justice who shall take any such affidavit or affi- 
davits shall previously notify Daniel Dewey Esq. of Wil- 
liamstown in said County, to appear if he see cause at the 
taking thereof in the same manner as adverse parties are 
by law to be notified in taking affidavits in civil actions : 
and the said Dewey is hereby authorised to appear accord- 
ingly in behalf of the Commonwealth. March 7, 1801. 

Chapter 161. 

RESOLVE ON THE PETITION OF ELISHA RICE. 

On the petition of Elisha Rice for compensation for a 
wound he received in his right hand, while doing military 
duty on a general muster day, and which has long disabled 
him from performing his daily labour, on which his family 
depend for their support. 

Resolved that Sixty Dollars be paid out of the Public 
Treasury to the said Elisha Rice, in full for the losses & 
expences incurred by said wound, & his Excellency the 
Governor with advice of Council is requested to grant a 
warrant accordingly. March 7, 1801. 

Chapter 162. 

RESOLVE ON THE QUARTER MASTER GENERAL'S ACCOUNTS. 

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 Eight Thousand Dollars, 
being the amount of a Warrent drawn in his Favor on the 
Treasurer of this Commonwealth March 3d. 1800 allso of 
Eighty two Dollars reed, of Poor & Man for an old Build- 
ing sold at auction — and that there be allowed and paid 
out of the Treasury of this Commonwealth to the said 
Amasa Davis the sum of Ten Thousand Dollars for defray- 
ing the Charges and Expenditures in the Quarter Master 



Resolves, 1800. — January Session. 235 

General's department the current year ; he to be account- 
able therefor, and allso the Further sum of Three Thousand 
two Hundred & fifty one Dollars Thirty Eight Cents, for 
the Ballances of his Accounts, including his Services, office 
rent & Clerks Wages, and in full thereof from January 
17, 1800, to Jany. 17 1801, inclusively. 

March 7, 1801. 

Chapter 163. 

RESOLVE ON THE PETITION OF SAMUEL WEBSTER AND OTHERS, 
AUTHORIZING THE GOVERNOR, WITH ADVICE OF COUNCIL, TO 
RAISE A COMPANY OF LIGHT INFANTRY IN THE 3D REGIMENT, 
2D BRIGADE, AND 2D DIVISION OF THE MILITIA. 

On the Petition of Samuel Webster & others, praying 
for leave to raise a Company of Light Infantry, in the Town 
of Bradford, in the third Regement, Second Brigade & 
second Division of Militia. 

Resolved, That his Excellency the Governor, with the 
advice of Council, be and hereby is authorised to raise a 
Company of Light Infantry, in the aforesaid third Regi- 
ment, second Brigade, & second Division, of the Militia 
of this Commonwealth, to be attached to the said third 
Regement, Subject to all the rules & regulations, that are 
or may be, by Law provided for the Government of the 
Militia, within this Commonwealth. March 7, 1801. 

Chapter 164. 

RESOLVE APPOINTING PARK HOLLAND, ESQ. IN ADDITION TO 
FRANCIS LE BARON GOODWIN, AS AGENTS IN BEHALF OF 
THE COMMONWEALTH FOR THE PRESERVATION OF MASTS, &c. 

Resolved, That Park Holland Esqr. be & he is hereby 
appointed in addition to Francis Le Baron Goodwin Esqr. 
as an Agent in behalf of the Commonwealth to superintend 
the preservation of all Masts, Timber & other Trees, on 
the Public Lands in the District of Maine, and to enquire 
into all trespasses & intrusions on the said lands, and in 
the name of the Commonwealth to institute & pursue to 
final judgement such legal process as may be necessary 
to convict any or all offenders — And the said Agents or 
either of them or any Person duly authorized by them or 
either of them are hereby authorized, to seize all Masts 
or other Timber which shall have been unlawfully cut or 
taken from oil*, the said Lands & to sell the same for the 



236 Resolves, 1800. — January Session. 

benefit of the Common wealth. And all civil & military 
Officers of the County of Hancock are hereby authorised 
& required to aid & assist said Agents or either of them, in 
carrying this Resolve into execution. — And the Solicitor 
General is directed to appear in all Courts in behalf of the 
Commonwealth to maintain & prosecute, any & all suits 
that may be instituted pursuant to this or the former 
Resolve on the same subject, so farr as he shall judge it 
for the interest of the Commonwealth. And the said 
Agents shall jointly & severally possess all such other 
powers as are vested in the Agent appointed by the Re- 
solve of the 22 June 1799. 

Resolved, That The said Holland from time to time lay 
his accounts before the General Court for allowance & 
payment — And the said Agents are hereby severally re- 
quired to render a statement of all their proceedings under 
this or the former Resolve, to the next General Court on 
the second Wednesday of the first Session thereof. 

March 7, 1801. 

Chapter 165. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE 
TOWN OF BELCHERTOWN, CONFIRMING THE TRANSACTIONS 
OF CERTAIN TOWN MEETINGS. 

On the Petition of the Inhabitants of the town of Belchers- 
town in the County of Hampshire praying that the records 
and doings of the same town may be confirmed and estab- 
lished notwithstanding any informalities in the manner of 
warning town meetings. 

Resolved that the transactions of said town meetings be 
& they hereby are confirmed and rendered valid notwith- 
standing any informalities or irregularities in issuing — 
posting and returning Warrants for said town meetings — 
Provided however that nothing herein contained shall be 
construed to affect the title to any lands assessed or sold 
as the estate of any non resident proprietor of lands lying 
within the town aforesaid. March 7, 1801. 

Chapter 166. 

RESOLVE ON THE PETITION OF FRANCIS DANA AND OTHERS, 
TRUSTEES UNDER THE WILL OF EDMUND TROWBRIDGE. 

On the petition of Francis Dana Esqr. & others Trustees 
under the Will of Edmund Trowbridge. 



Resolves, 1800. — January Session. 237 

Resolved that the prayer of the petition of Francis Dana 
and others, Trustees, named and appointed in and by the 
last Will and Testament of Edmund Trowbridge late of 
Cambridge in the County of Middlesex Esqr. deceased, 
be granted ; And that they be, and hereby are accordingly 
authorised & empowered to sell the whole of the Mes- 
suages Lands and Tenements devised to them in Trust, 
in said last will & testament or such parts thereof as they 
may judge will be most beneficial to the objects of their 
Trusts, at private or public sale ; and to make good and 
sufficient Deeds thereof to the purchasor or purchasors, 
conveying to him or them a Fee Simple Estate therein, 
the said Devise in Trust to them as aforesaid notwith- 
standing — And that the said Trustees be and they are 
hereby further authorised and empowerd to vest the net 
proceeds of such sale or sales, or such part thereof as they 
may judge best, in any other real Estate, and to take to 
themselves as Trustees as aforementioned good and suffi- 
cient Deeds of all such Messuages Lands or Tenements 
as they shall so purchase : to be holden by them subject 
to the same Trust and all the limitations conditions and 
restrictions of every kind, which the said devised Tene- 
ments are or were made subject to in and by the said Will 
of the said Edmund Trowbridge in like, and in as full and 
ample a manner as if the same had been actually devised 
to the said Trustees in and by the said Will — in the very 
words thereof. 

And that in case any surplus of such sale or sales shou'd 
remain in the hands of the said Trustees, after having pur- 
chased other Real Estate as aforesaid, that they may place 
the same at Interest or in such public Funds or Banks as 
they may in their discretion judge proper, with liberty of 
transfering the same from time to time from one to the 
other : The said surplus both principal & stock, and the 
Interest or Income thereof, to go & be disposed of in all 
respects in like manner as the Rents or profits of the Real 
Estate from which such surplus proceeded, or the Real 
Estate itself, wou'd go and be disposed of agreeably to 
the intention of the said Testator declared in his said last 
Will and Testament : And that the proceeds of the said 
Devised Tenements which may be sold as aforesaid untill 
the same shall be vested in other Real Estate as aforesaid, 
shall be subject to the same Trusts, Limitations, and 
liable to the same appropriations and dispositions as the 
Stock aforesaid. 



238 Resolves, 1800. — January Session. 

It is further Resolved that the powers & authorities 
herein granted to the said Trustees jointly, shall devolve 
upon the Survivors or Survivor of them and to the Heir 
Male of the Survivor in like manner as is provided in and 
by the said Will and Testament. March 7, 1801. 

Chapter 167. 

RESOLVE ON THE PETITION .OF JOHN WARREN, EXTENDING 
THE TIME FOR COMPLETING THE SETTLEMENTS ON CERTAIN 
TOWNSHIPS TO TWO YEARS FROM THE LAST DAY OF JUNE 
NEXT. 

Whereas a Resolve passed the sixth day of Feby. 
instant on the petition of John Warren for extending the 
time for compleating the settlements on two townships 
of land therein described for the term of two years, but 
doubts have arisen as to the period from which said time 
is extended : therefore 

Resolved that the said term of two years be and hereby 
is extended from the last day of June next. 

March 7, 1801. 



Chapter 168. 

RESOLVE MAKING ALLOWANCE FOR THE CHAPLAINS AND 
CLERKS OF BOTH HOUSES. 

Resolved that there be allowed & paid out of the Treas- 
ury of this Commonwealth to the Revd. Peter Thacher 
Chaplain of the Senate Sixty Dollars, to the Revd. Thomas 
Baldwin Chaplain to the House of Representatives sixty 
Dollars — to Edward P. Hayman Clerk of the Senate 
Three hundred and Thirteen Dollars & to Henry Warren 
Esq. Clerk of the House of Representatives Three Hun- 
dred & Thirteen Dollars in full for their services respec- 
tively the present year and that the Treasurer be & he is 
hereby directed on recieving a warrant therefor — to pay 
the same out of the same funds & in the same manner as 
the Members of the General Court are paid for their ser- 
vices the present session. March 7, 1801. 

Chapter 169. 

RESOLVE FOR PAYING THOMAS WALLCUT. 

Resolved that there be allowed and paid out of the Pub- 
lic Treasury one hundred Dollars to Thomas Wallcut 



Resolves, 1800. — January Session. 239 

Assistant Clerk of the House of Representatives in full 
for his services the present Session, and including four 
days employed in writing previous to the Session. 

March 7, 1801. 

Chapter 170. 

RESOLVE APPOINTING SILAS HOLMAN AND VESTING HIM WITH 
ALL THE POWERS FORMERLY HELD BY HERMAN BRIMMER, 
ESQ. RESPECTING THE REAL ESTATE OF JOHN JEYKELL, 
ESQ. DECEASED. 

Resolved that Silas Holman Esq. be and he hereby is 
appointed an Agent and Vested with all the authority and 
powers and made accountable in the same way and man- 
ner that Herman Brimmer, late deceased, was by a Re- 
solve passed by the General Court, March the ninth in 
the Year of our Lord one Thousand Seven hundred and 
Ninety one Respecting the Real Estate of John Joykell 
deceased, lying in the towns of Stow and Boxborough in 
the County of Middlesix. 

And be it further Resolved that the Attorney General 
be and he hereby is directed by Inquest of Office to en- 
deavour to Vest the said Real Estate in the Commonwealth 
agreeably to law. March 7, 1801. 

Chapter 171. 

RESOLVE DIRECTING THE TREASURER TO DISCHARGE THE 
BALANCE DUE FROM NOAH GOODMAN, ESQ. DECEASED, ON 
THE BOOKS OF THE TREASURY. 

Whereas there appears by the books of the Treasury, 
that at the time of the decease of Noah Goodman Esquire 
late Collector of Excise for the County of Hampshire, there 
was due from him to the Commonwealth the sum of Two 
hundred & fifty Dollars & ninety six cents, and that he 
left no estate to pay the same : Therefore 

Resolved, that the Treasurer of this Commonwealth be, 
and he is hereby directed to discharge the said ballance 
on the books of the Treasury. March 7, 1801. 

Chapter 172. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF GOULDS- 
BOROUGH, ABATING CERTAIN TAXES. 

On the petition of the Selectmen of Gouldsborough in 
behalf of said town, praying for an abatement of taxes 



2-10 Resolves, 1800. — January Session. 

number Six Seven, Eight & nine & setting forth their 
inability to pay the same. 

Resolved — That taxes number Six Seven, Eight & 
nine, levied on the town of Gouldsborough, be abated to 
said town, and that the Executions issued for the same 
taxes, be discharged, & the treasurer of this Common- 
wealth is hereby directed to credit the said town with the 
amount of the same taxes respectively — any law or resolve 
to the contrary notwithstanding. March 7, 1801. 

Chapter 173. 

RESOLVE GRANTING 500 DOLLARS FOR DIGGING A WELL AT 
RAINSFORD ISLAND AND FOR OTHER PURPOSES. 

On the memorial of the Board of Hea[?]th, for the town 
of Boston, representing that it is highly necessary for the 
convenience of the sick that a well should be dug at the 
South-westerly head of Hospital island, nigh the long 
Hospital, that all communication may be cut off between 
that and the other building on the said Island, when 
malignant and contagious diseases prevail, which cannot 
be elfected, unless water can be obtained near to said 
Hospital — That an addition is much wanted to the small 
pox hospital about eighteen feet square, for the accommo- 
dation of the nurses, and that several other alterations in 
and repairs to the said building are necessary and expe- 
dient. 

Resolved for the reasons set forth in the said memorial 
and to accomplish the purposes therein mentioned that 
there be allowed and paid from the Treasury of this Com- 
monwealth to Amasa Davis, Esqr. one of the members of 
said board, a sum not exceeding five hundred dollars, to 
be expended for the purposes aforesaid, the said Amasa 
to be holden to account for the same and to exhibit his 
account to the General Court for allowance. 

March 7, 1801. 

Chapter 174. 

RESOLVE ON THE PETITION OF PAUL DUDLEY SARGENT, ESQ. 
IN BEHALF OF THE TOWN OF SULLIVAN, DIRECTING THE 
TREASURER TO STAY HIS EXECUTION AGAINST SAID TOWN. 

On the petition of Paul Dudley Sargent Esquire, in 
behalf of the Town of Sullivan, praying for remission of 
the costs on sundry State Taxes. 



Resolves, 1800. — January Session. 241 

Resolved that the further consideration of the said peti- 
tion be refered to the next Session of the General Court, 
for further evidence ; and that the Treasurer be and he is 
hereby directed to stay his execution against the said Town 
of Sullivan for One hundred Dollars & eighty three Cents, 
untill the further order of the General Court. 

March 7, 1801. 

Chapter 175. 

RESOLVE ON THE PETITION OF EBENEZER BREWER, EMPOW- 
ERING ELIZEBETH SUMNER TO EXECUTE A DEED OF THE 
TRACT OF LAND MENTIONED. 

On the Petition of Ebenezer Brewer, administrator on 
the estate of Nathan Burdett deceased, praying that Elize- 
beth Sumner, Administratrix on the Estate of Increase 
Sumner, late of Roxbury in the County of Norfolk Esquire, 
Deceased, may be impowered to make and execute a Deed 
of a Tract of Land, in said Roxbury, and that the said 
Ebenezer be impowered to hold and convey the same for 
the benifit of the Estate of the said Nathan Burdet. 

Resolved Tha[d][£] the said Elizebeth Sumner be and 
hereby is impowered to make and execute a good & law- 
full Deed, to the said Ebenezer Brewer, of a Certain piece 
of Land in Roxbury aforsaid, bounded on a new Street 
lately laid out near Mr. Stephen Hawes's called Lott 
Number three, lying between two lots bought by Thomas 
Williams at Vendue, being fifty feet wide on said Street, 
and extending back of that width to Dudleys wall : and 
that the said Ebenezer Brewer Administrator on the Estate 
of Nathan Burdet, Cordwainer Deceased represented in- 
solvent, be & hereby is impowered to Hold convey the 
said land, & execute a good & Lawfull Deed of the Same 
for the benifit of said Estate & all Concerned, and shall 
hold said estate, to the same uses and purposes, and sub- 
ject to the same legal operation and distribution, as tho' 
the said Increase Sumner, had in his life time, conveyed 
the same to the said Burdett in his life time. 

March 7, 1801. 

Chapter 176. 

ROLL NO. 44. 

The Committee on Accounts, haveing examined the ac- 
counts they now present; — Report, that there are due 



242 Resolves, 1800. — January Session. 

to the corporations and persons hereafter mentioned, the 
sums set to their names respectively, which (if allowed 
and paid) will be in full discharge of said accounts to the 
dates therin Mentioned. 

Which is Kespectfully submitted. 

ISAAC THOMSON pr. Order. 

Pauper Accounts. 

Dolls. Cts. 

To the Town of Attleborough for boarding, Cloathing, Doc- 
toring and Nurssing Hannah Jane to her death including 
her funeral Expences, and Lamond Gibson to Deer. 18th 
1800 188 10 

To the Town of Andover for Necessaries for Phillip John- 
son and Doctoring, Nurssing, and Removing him to Green- 
land 22 20 

To the Town of Alford for boarding, Cloathing, Nurssing 

& Doctoring William Maxfield to Octr. 24th 1800 . . 55 12 

To the Town of Adams for Supporting Catharine a negro 

woman to Jany. 17th 1801 49 

To the Town of Boxford for boarding, Cloathing & Nurs- 
sing Catharine Welsh, and Mehitabel Hall, to Jany. 2d 
1801 78 3 

To the Town of Belchertown for boarding, Cloathing & 

Nurssing Betty Demmon to Jany. 21st 1801 . . . 51 10 

To the Town of Boston for Supporting Sundry paupers 

from June 1st 1800 to Deer. 1st 1800 Viz. Overseers a/c . 2035 51 

Selectmens a/c for boarding, Doctoring & Nursing &c. in 
the Epidemick Sickness 1798 Hospatel Island . . . 495 25 

2530 76 

To the Town of Blanford for boarding, Cloathing, Doctor- 
ing and Nurssing James Carter to Jany. 23 1801 . 82 30 

To the Town of Brookfield for boarding & Cloathing Luke 

Tinney and his wife, Cato Kim to Jany. 1st 1801 . . 80 99 

To Josiah Bartlet for Doctoring Jonathan Nichols and his 

wife to Deer. 31st 1800 .... 41 87 

To the Town of Berwick for boarding Ambrose Vickery to 

Feby. 1st 1801 36 40 

To the Town of Boxborough for boarding & Cloathing 

John Kennedy to Deer. 28th 1800 45 34 

To the Town of Billerica for boarding & Doctoi'ing Thomas 
Torrant, and Supplies for James Ingols & Mical Taylor 
to Jany. 1st 1801 61 40 

To the Town of Buckland for boarding and Cloathing John 

Wilkie to Jany. 26th 1801 . 43 20 

To Boothbay for boarding, Cloathing, Doctoring & Nurs- 
sing John Haskins to Jany. 22d 1801 . . . . 266 92 

To the Town of Beverly for Boarding, Cloathing, Doctor- 
ing & Nurssing Jane McComb, Morris Nash, Matthias 
Claston and Thomas Douglas to Feby. 1st 1801 . . 253 



Resolves, 1800. — January Session. 243 

Dolls. Cts. 

To the Town of Charlestown for boarding, Cloathing & 
Nurssing Jonathan Nichols and his wife to Deer. 31st 
1800 272 89 

To the Town of Conway for boarding & Cloathing John 

Atsatt to Jany. 22d 1801 60 

To the Town of Concord for boarding & Cloathing Sundry 
poor debtors in Concord goal & for boarding, Cloathing, 
Nurssing, & Doctoring William Shaw to Jany. 17th 
1801 . 80 94 

To the Town of Chelmsford for boarding & Cloathing a 
boy of John McClenning, to Jany. 8th 1801 ... 30 

To the Town of Coldrain for boarding, Cloathing, Doctor- 
ing & Nurssing William Wilson, William Osborn & 
Rachel Carr to Jany. 1st 1801 142 7 

To the Destrict of Carlisle for boarding, Cloathing & Doc- 
toring Robert Barber and Matthew Jemmerson to Jany. 
31st 1801 86 17 

To the Town of Canton for boarding, Cloathing, Doctoring 
and Nurssing Cesar Scyler (a Negro) to his death includ- 
ing funeral expences 61 10 

To the Town of Charlton for boarding & Cloathing Thomas 

Adams to Jany. 1st 1801 81 98 

To the Town of Cambridge for boarding, Cloathing, Nurs- 
sing & Doctoring Peggy Conden to Jany. 28th 1801 . 57 5 

To the Town of Charlemont for boarding & Cloathing 
Abraham Bass & Dennis Kennedy to Jany 22d 1801 . 75 88 

To the Town of Duxbury for Supplies for Peggy Mitchel 
to March 1800 26 16 

To the Town of Durham for boarding, Cloathing & Nurs- 
sing the family of John Johnson (deceasd ) to Jany. 1st 
1801 135 94 

To the Town of Danvers for boarding & Cloathing John 

Wooden and Jerusha Bird to Feby. 3d 1801 . . . 76 59 

To the Town of Dartmouth for boarding & Cloathing John 
Quanawan & Mary Prince to Jany. 1st 1801 and Rachel 
Carr to her death including funeral expences . . . 140 9 

To the Town of Dedham for boarding, Cloathing & Doc- 
toring Robert Clue, and supplies for Eleaner Carryl to 
Jany. 1st 1801 79 75 

To the Town of Dorchester for boarding, Cloathing Doc- 
toring & Nurssing Caleb Barker, James Hilchard, Mrs. 
Thornton & Betty Annis to Feby. 23d 1801 . . .166 10 

To the Town of Dover for boarding, Nursing & Cloathing 

Patrick Cowin to March 2d 18U1 61 94 

To the Town of Egremont for boarding & Cloathing the 
widow Mary Daley & her three Idiot children to Jany. 
12th 1801 243 

To the Town of East-Hampton for boarding, Nurssing & 
Doctoring Rebeckah Gardner to the time of her death in- 
cluding funeral expences 50 50 

To Constant Freeman keeper of the Alms-house in Boston 
to Deer. 1st 1800 150 73 

To the Town of Freetown for boarding & Cloathing Francis 

Brow to Feby. 14th 1801 94 24 

To Austin Flint for Doctoring Noble Spencer in his last 

sickness 3 40 



244 Resolves, 1800. — January Session. 



To the Town of Framingham for boarding, Cloathing, 
Nursing & Doctoring Bennett Foster & a Child of Betty 
Stephens to April 21st 1800 33 

To the Town of Gran by for boarding & Cloathing Ebenr. 
Derwin and John Murrey to Novr. 4th 1800 . . .102 76 

To the Town of Gloucester for boarding, Cloathing & Nurs- 

sing sundry pauper [s] to Novr. 10th 1800 . . . 872 17 

To the Town of Greenfield for boarding, Cloathing, & Doc- 
toring John Battis and Eunice Converse to Jany. 1st 1801 79 22 

To the Town of Goshen for boarding, Cloathing, Doctoring, 

& Nurssing Marriam Lamphire to Jany. 20th 1801 . . 100 22 

To the Town of Gill for boarding Peter Mange to Jany 3d. 

1801 32 

To the Town of Great-Barrington for boarding, Cloathing 
& Nursing Isaac Hoose, Catharine Hoose, Mary Hoose 
and Tom (a Negro) and Supplies for Benjamin Worthey 
to Jany. 19th 1801 including the funeral expences for said 
Worthey 189 15 

To the Town of Georgetown for boarding & Cloathing 

Nicholas Hambary to Jany. 19th 1801 . . . . 66 20 

To the Town of Groton for boarding, Cloathing, Doctoring 
& Nursing John Claflin Wright, his wife and children, 
John William Bentrodt his wife & Children and Edward 
McLane to Jany. 10th 1801 298 69 

To the Town of Granvill for boarding, Cloathing, Doctor- 
ing & Nursing Thomas Williams & his wife to Jany 17th 
1801 94 99 

To Oliver Hartshorn for dieting sundry poor Debtors in 

Boston Goal to Feby. 25th 1801 43 18 

To Joseph Hodgkins keeper of the House of Correction in 
Ipswich, County of Essex for boarding & Cloathing sun- 
dry paupers to Jany. 18th 1801 exclusive of any allowance 
from the Court of Sessions 281 45 

To the Town of Hardwick for boarding, Cloathing & Doc- 
toring David Chamberlain & John Veal to Deer. 28th 1800 176 8 

To the Town of Hadley for boarding, Cloathing, Nursing 
& Doctoring Francis Trayner, Mary Battis and Ceasor 
Abberdeen (including funeral expences of said Ceaser) 
to Jany. 1st 1801 152 43 

To the Town of Hawley for boarding, Cloathing, Doctoring 

& Nursing Thomas Oaks to Jany. 1st 1801 . . . 75 58 

To the Town of Hopkinton for boarding and Cloathing 

James Rouch to Feby. 1st 1801 52 

To the Town of Hollewell for boarding and Cloathing 
Rachel Commings and George Frost to Jany. 3d 1801, . 116 48 

To the Town of Holliston for boarding and Cloathing James 

L.ewis to Feby. 6th 1801 43 90 

To the Town of Ipswich boarding Cloathing & Doctoring 
the widow of Dennis Gullahull and William Broadbent 
to Deer. 31st 1800 154 42 

To the Town of Kingstown for boarding and Cloathing 

Thomas Kitteridge to Jany. 15th 1801 . . . . 80 35 

To John Kitteredge for Doctoring sundry paupers in the 

town Newbury-Port, to Jany. 16th 1801 . . . . 174 97 

To William Lyman for Doctoring Sundry paupers in the 

town of York to Deer. 14th 1800 13 83 



Kesolves, 1800. — January Session. 245 



To the Town of Lincoln for Boarding and Cloathing Thomas 

Pocock to Feby. 1st 1801 60 93 

To the Town of Lyden for Supplies and Doctoring Jedediah 

Fullar and his family to Jany. 19th 1801 . . . . 70 12 

To the Town of Lunenburg for Boarding & Cloathing John 

Kiley Feby. 9th 1801 06 32 

To the Town of Lenox for Boarding, Cloathing, Nursing 
and Doctoring John How, Christian Crow, Abraham 
Palmer his wife and one Child to Jany. 19th 1801 . . 207 61 

To Thomas Manning for Doctoring sundry paupers in the 

house of Correction in Ipswich to Jany. 1st 1801 . . 37 85 

To James Mann for Doctoring Peggy Taylor in Wrentham, 

to Septr 2d 1800 27 71 

To the Town of Marblehead for Boarding, Cloathing, Nurs- 
ing and Doctoring John Corbett to his death including 
funeral Expences 89 68 

To the Town of Marlborough for Boarding and Cloathing 

Joseph Waters to Jany. 1st 1801 6184 

To the Overseers of the Marshpee Indian Plantation for 
boarding and Cloathing George Holmes and George 
George to Jany. 15th 1801 140 59 

To Mount Desert for Boarding, Cloathing, Nursing, & Doc- 
toring Charles Branscomb to March 17th 1800 ... 73 

To the Town of Manchester for Boarding and Cloathing 
Thomas Douglas and Caty Grovely one of the Neutral 
French, to Feby. 2d 1801 including Doctr. Norwood's bill 117 75 

To Caleb Mirick for Boarding & Cloathing & Expence of 

Committing Thomas Robinson to the House of Correction 15 50 

To the Town of Milford for Boarding & Cloathing Ebenr. 
Torrey to Feby. 23d 1801 63 80 

To Francis Mantor for Doctoring paupers in Williamsburgh, 

to May the 7th 1800 13 50 

To the Town of Mendon for Boarding & Cloathing Salley 
Brown and her two Children to Jany. 3d 1801 and Sup- 
plies for John Hunt to Feby. 2d 1801 . . . . 65 81 

To the Town of Methuen for Supplies for Thomas Pace to 

Jany. 17th 1801 42 4 

To the Town of Middleborough for boarding & Nursing 
Alexander Frayshor to Sept. 4th 1800 ' . . . . 89 21 

To the Town of New-brantree for supporting John Mac- 

mullen to July 15th 1800 including Doctrs. bill . . 6 51 

To the Town of Newbury, for Boarding, Cloathing, Doc- 
toring & Nursing Sundry paupers to Jany. 1st 1801 in- 
cluding funeral expences 711 39 

To the Town of North-Yarmouth for Boarding, Cloathing, 
Doctoring & Nursing William Elwell to Feby. 20th 1801 
and Paul Mushrowe to his death including funeral ex- 
pence 179 86 

To the Town of Norton Boarding, Cloathing & Nursing 
Joseph Pratt and Pero, a Negro, to Feb}'. 2d 1801 includ- 
ing Doctr. Morey's bill 159 42 

To the Town of New-Sal em for Supporting two Children 

of Jesse Bedient to Jany. 19th 1801 48 40 

To the Town of Nantucket for boarding, Cloathing, Doc- 
toring and Nursing &c. Mary McCarthy & Norry Hide 
t-o Jany. 16th 1801 112 16 



246 Resolves, 1800. — January Session. 

Dolls. Cts. 

To the Town of New-Bedford for Supplies for Edward 

Miller and Patience Synal to Deer. 26th 1800 . . . 42 50 
To the Town of North-Hampton for boarding, Cloathing, 
Nursing and Doctoring, Samuel Green, Nancy McMullin, 
and supplies for Patience Davis to Feby. 1st 1801 . . 82 32 
To the Town of Newbury Port for Supporting Sundry 

paupers to Deer. 31st 1800 — including Cloathing . . 625 62 
To the Town of Oxford for Boarding & Cloathing Catharine 

Jourden to Jany. 1st 1801 including Doctors bill . . 61 97 
To the Town of Pittsfield for Boarding & Cloathing Molly 
Welsh to Jany. 26th 1801 and boarding, Cloathing Nurs- 
ing and Doctoring Nancy McCoy to the time of her death 99 76 
To the Town of Plymouth for boarding, Cloathing, Nurs- 
ing and Doctoring Nathaniel Thomas, and his wife, to 
Janv. 20th 1801 & Zaehariah Eddy, a Vagrant person, to 

Jany. 14th 1801 105 98 

To the Town of Portland for boarding, Cloathing, Nursing 
& Doctoring Sundry paupers from Jany. 10th 1800 to 

Jany. 1st 1801 579 61 

To the Town of Pembrook for boarding & Cloathing John 

Monder to Jany. 1st 1801 64 92 

To the Town of Patridgfield for boarding & Cloathing Mary 

Lace to Jany. 15th 1801 89 5 

To the Town of Palmer for boarding, Cloathing, Nursing & 

Doctoring William Mendem to Jany. 4th 1801 . . 63 94 

To the Town of Roxbury for Supporting Sundry paupers 
including Boarding, Cloathing, Doctoring & Nursing to 

Jany. 1st 1801 ... 612 99 

To the Town of Rehoboth for Supporting, Richard Boulton 

and Anna Carrol to Jany. 1st 1801 59 52 

To the Town of Rutland for Supplies for Ceasor Abberdeen 
and William Henderson to Jany. 19th 1801 including 

Doctr. Frinks bill 57 22 

To the Town of Royalston for boarding and Cloathing 

Joshua Capron to Jany. 6th 1801 31 

To the Town of Rowley for boarding, Nursing, Doctoring 

and burying Deliah Paul 31 66 

To the Town of Reading for boarding, Cloathing, Doctor- 
ing, and Nursing Samuel Bancroft 96 20 

To the Town of Sudbury for boarding & Nursing John 

Lolley to Jany. 1801 8 

To the Town of Southick for boarding & Cloathing George 

Read to Jany 22d 1801 62 

To the Town Swanzey for boarding & Cloathing four Illi- 
gitimate Children to Deer. 6th 1800 — and three of the 
same and Fenner Pierce & Esther Chui-ch to Jany. 24th 
1801, and Mary Titticus to her death including funeral 
expences .......... 136 88 

To the Town of Stockbridge for boarding, Cloathing, Nurs- 
ing & Doctoring Samuel Haney, Joseph Grant, Sarah 
Hosford Sarah Huney & Henery Cole to Deer. 1st 1800 
and Miss Carswell to her death including funeral expence 233 67 
To the Town of Standish boarding, Cloathing, Nursing & 

Doctoring Alice Noble to Novr. 29th 1800 . . . 107 24 
To the Town of Scituate for boarding, Cloathing, Nursing 
& Doctoring Elizabeth Breeding to Feby. 3d 1801 and 
Mary Corlew to Feby. 1st 1801 and Supplies for Mason 
Humble & Samuel P. Jones to Feby. 3d 1801 . . .138 52 



Resolves, 1800. — January Session. 247 

Dolls. Cts. 

To the Town of South-Hadley for boarding, Cloathing, Doc- 
toring Nursing Peter Pendergrass to Jany. 19th 1801 . 20 26 

To the Town of Salem for Supporting Sundry paupers from 

.June 2d 1800 to Jany. 5th 1801 including Doctoring . 1347 75 

To the Town of Tyringham for Supplies for Ebenr. Ayers, 
his wife and three Children and Ralf Way to Jany. 1st 
1801 97 49 

To the Town of Uxbridge for boarding, & Cloathing Betty 
Trifle and David Mitchell to Jany. 19th 1801, including 
an Allowance for boarding, Cloathing, Nursing & Doc- 
toring a transient person by the Name of William 
Clemmon 92 50 

To the Town of Upton for boarding & Cloathing Elizabeth 

Brown to Feby. 10th 1801 51 12 

To Thomas Vorse, John Brown & John Balham of Planta- 
tion No. 4 for supporting, (by the Request of the Select- 
men of East-port) Richard Pomroy, to Novr. 1800 . . 78 

To Samuel Ware Junr. for Doctox-ing Edward Burges to 

Novr. 1800 . 9 32 

To the Town of West-Stockbridge for Boarding and Nurs- 
ing John Rowley and Jane Clark to Jany. 12th 1801 . 60 49 

To the Town of Weston for Boarding, Cloathing, Nursing 

& Doctoring Nancy Cornwell to Feby. 3d 1801 . . 119 79 

To the Town of Washington for boarding & Cloathing 

Phebe Clark to Jany. 5tii 1801 35 82 

To the Town of Westborough for boarding, Cloathing & 

Nursing John Scudemor to Feby. 16th 1801 ... 85 

To the Town of Wrentham for boarding & Cloathing John 
Harcourt, Peggy Taylor & Betsy Taylor to Jany. 1st 
1801 151 60 

To the Town of Westfield for boarding, Cloathing Doctor- 
ing and Nursing William Davis & James Dewell to Jany. 
1st' 1801 106 9 

To the Town of Walpole for boarding, Cloathing, Nursing 
& Doctoring Partrick Hancock, Sally Davis, Clarisa Kelly, 
her child and William Wabrey to Jany. 1st 1801 . . 174 67 

To the Town of Wilbraham for boarding & Cloathing John 

Brow to Feby. 2d 1801 43 15 

To the Town of Williamsburg for boarding, Cloathing and 
Nursing John Easterwood, Peggy Easterwood and Child 
to Jany. 1801 56 15 

To the Town of Windsor for Supplies for Benjamin Still 
and wife to Feby. 2d 1801 including funeral expences for 
said Benjamin 47 99 

To the Town of Western for boarding, Cloathing & Nurs- 
ing John Wateley to Novr. 9th 1800 John Cain to Jany. 
21st 1801 & William Johnson and his wife to Jany. 22d 
1801 . 129 55 

To the Town of Worcester for boarding, Cloathing, Nurs- 
ing and Doctoring Andrew Donenson, to Septr. 24th 1800 
Joseph King to «fany. 20th 1801 Peter Willard to Deer. 
18th 1800 and Richard Hevelin to his death including 
funeral expences 176 34 

To the Town of Watertown for Supporting a Malatto, to 

Feby. 3d 1801 . 25 

To the Town of West-Springfield for boarding, and Cloath- 
ing Lucy Kent, and the wife of Thomas Betty and Wil- 
liam Bull to Deer. 31st 1800 100 21 



248 



Resolves, 1800. — January Session. 



To the Town Warren for boarding & Cloathing William 
Moarman to Jany. 5th 1801 

To the Town of York for boarding, Cloathing & Nursing 
William Kearswell, Sarah Kearswell, Elizabeth Perkins, 
Mary Crocker & Abigail Chappie to Jany. 7th 1801 and 
supplies for Edward Perkins and Sarah Perkins to Jany. 
10th 1801 



Militia Accounts. — Courts Martial and of Enquirey 

To A Court Martial whereof Majr. General Simon Elliot 
was President held at Watertown Deer. 2d 1800 

To A Court Martial whereof Col. Denny MeCobb was 
President held at Pownalborough Jany. 12th 1801 . 

To A Court Martial whereof Majr. Oliver Crosby was 
President held at Sturbridge April 29th 1800 . 

To A Court Martial whereof Col. Silas Chapin was Pres- 
ident held at Springfield Deer. 31st 1800 ... 

To A Com*t of Enquirey whereof Majr. Solomon Adams 
was President held at Norridgewock Feby. 26th 1800 

To A Court of Enquirey whereof Majr. Ebenr. Cheney was 
President held at Watertown Septr. 29th 1800 . 

To A Court of Enquiry whereof Col. Jonas Lane was Presi- 
dent held at Northborough July 22d 1800. 

Exigence for Horses to haul Artilery &c. 

To Josiah Byington for money expended for Horses to haul 

Artilery &C. in Septr. 1799 

To Luke Bemis for money expended for Horses to haul 

Artilery &C. up to Jany 1801 

To Jacob Bliss for money expended for Horses to haul 

Artilery &C. up to Jany. 1801 

To Jesse Doggett for money expended for Horses to haul 

Artilery &C. up to Feby. 1801 

To Moses Dresser for money expended for Horses to haul 

Artilery &C. up to Jany. 1801 

To William Eastman for money expended for Horses to 

haul Artilery &C. up to Jany. 1801 

To Robert Elwell for money expended for Horses to haul 

Artilery &C. up to Novr. 1800 

To James Fails for money expended for Horses to haul 

Artilery &C. to Deer. 1800 

To Nathan Harrington for money expended for Horses to 

haul Artilery &C. to Septr 1800 

To Jedediah Healy for money expended for Horses to haul 

Artilery &C. to Octr. 1800 

To John Ingorsol for money expended for Horses to haul 

Artilery &C. to Jany. 1801 

To John Kidder for money expended for Horses to haul 

Artilery &C. to Jany. 1801 

To Samuel B. Lion for money expended for Horses to haul 

Artilery &0. to Octr. 1800 

To James Lewis for money expended for Horses to haul 

Artiler[y] &C. to Septr. 1800 



84 



206 51 



18395 


CD 


Polls. 


3ts. 


166 


94 


37 


51 


41 


59 


50 


41 


21 


92 


12 


98 


21 


02 


Dolls. 


Cts. 


2 


50 


19 


33 


5 




7 50 


10 




12 


92 


6 




7 




6 


33 


5 




7 


50 


10 




5 




15 





Resolves, 1800. — '■ January Session. 



249 



Dolls. Cts. 

To Joseph Miller for money expended for Horses to haul 

Artilery &C. to Septr. 1800 17 2 

To Nehemiah May for money expended for Horses to haul 

Artilery &C. to Jany. 1801 8 33 

To Sylvester Procter for money expended for Horses to 

haul Artilery &C. to Novr. 1800 7 50 

To Benjamin Somerly for money expended for Horses to 

haul Artilery &C. to Jany. 1800 15 

To Solomon Severance for monev expended for Horses to 

haul Artilery &C. to Octr. 1800" 4 

To Benjamin Spear for money expended for Horses to haul 

Artilery &C. to Novr. 1800 4 33 

To Robert Gardner for money expended for Horses to haul 

Artilery &C. to July 5th 1800 29 50 

To John Bray for money expended for Horses to haul Ar- 
tilery &C. Feby. 1801, 12 

To Oliver Johonnot for money expended for Horses to haul 

Artilery &C. to Jany 1801 . . ... 33 50 

To V\ illiam Donnison Adjt. General, for his Services to 

Jany. l«()l 633 33 

To William Hunt Aid de Camp, for his Services to Jany. 

19th 1801 63 82 

To Nathan Hayward Aid de Camp, for his Services to Jany. 

1st 1801 39 33 



Briga[g~] [d]e Majors. 

Dolls, cts. 
To James Ayers Brigade Majr. for his Services to Feby. 

7th 1801 ... 68 87 

To Jeremiah Clapp Brigade Majr. for his Services to Feby. 

26th 1801 145 15 

To Medad Dickinson Brigade Majr. for his Services to 

Jany. 30th 1801 45 5 

To Stephen Dewey Brigade Majr. for his Services to Jany. 

1801 * 25 13 

To Barzillai Gannett Brigade Majr. for his Services to 

Jany 23d 1801 28 57 

To William Hinkley Brigade Majr. for his Services to Jany. 

3d 1801 13 66 

To Samuel Howard Brigade Majr. for his Services to Deer. 

1800 152 91 

To William Jackson Brigade Majr. for his Services to Jany. 

1801 46 12 

To William Jefferd Brigade Majr. for his Services to Jany. 

29th 1801 43 

To Jacob Mann Brigade Majr. for his Services to Jany. 1st 

1801 88 49 

To Sylvester Osborn Brigade Majr. for his Services to Feby. 

11th 1801 85 20 

To Merrick Rice Bi-igade Majr for his Services to Feby. 

1800 61 25 

To William P. Rider Brigade Majr. for his Services to July 

30th 1800 . 32 15 

To William Sever Brigade Majr. for his Services to Novr. 

5th 1800 48 

To John Taylor Brigade Majr. for his Services to March 

2d 1801 . 57 90 



250 



Resolves, 1800. — January Session. 



Dolls. Ctl. 

To Seth Tinkham Brigade Majr. for his Services to Feby. 

16th 1801 ... 46 80 

To Samuel Thayer Brigade Majr. for his Services to Feby. 

1801 46 32 

To Robert Wheeler Brigade Majr. for his Services to Jany. 

24th 1801 16 16 

To Sampson Woods Brigade Majr. for his Services to Feby. 

12th 1801 . . . 54 67 



Adjutants. 

Dolls. Cts. 

To Nehemiah Abbot Adjt. for his Services to July 16th 1800 16 35 

To John Adams Adjt. for his Services to Jany. 19th 1801 . 14 98 

To Matthias Blossom Adjt. for his Services to Deer. 1800 . 26 65 
To Isaiah Byington Adjt. for his Services to March 16th 

1799 3 17 

To the Estate of Thomas Baker Adjt., deceasd., for his Ser- 
vices to June 1st 1799 8 27 

To Peter Butlar Adjt. for his Services to Jany. 10th 1801 . 23 99 

To Aaron Brooks Adjt. for his Services to Jany. 1801 . . 15 90 

To William Bull Adft. for his Services to Jany. 1801 . . 10 13 

To David Boutill Adjt. for his Services to Octr. 1799 . . 17 64 

To Aaron Burt Adjt.' for his Services to Octr. 1800 . . 11 

To William Bridge Adjt. for his Services to Feby. 1801 . 52 13 

To Peter Clark Adjt. for his Services to Feby. 18th 1801 . 37 73 

To Walter Dickson Adjt. for his Services to Feby. 14th 1801 16 8 

To Russell Dewey Adjt. for his Services to Jany. 1801 . 23 12 

To Samuel Field Adjt. for his Services to Feby. 1801 . . 10 95 

To Joseph Farley Adjt. for his Services to Jany. 1st 1801 . 21 68 

To Abraham Fuller Adjt. for his Services to Jany 1801 . 13 29 

To Levi Fairbank Adjt. for his Services to Feby. 1800 . 9 27 

To Seth Field Adjt. for his Services to Novr. 1800 . . 12 88 

To William Gould Adjt for his Services to Jany. 1st 1801 . 32 9 

To Thomas Goodwin Adjt. for his Services to Novr. 1800 . 12 84 

To Cyrus Hosmer Adjt. for his Services to Feby. 17th 1801 13 50 

To Ebenr. Heath Adjt. for his Services to Jany. 1801 . . 20 22 

To Timothy Hopkins Adjt. for his Services to Octr. 1800 . 20 25 

To Caleb Howard Adjt. for his Services to Novr. 1800 . 18 70 
To Jacob Haskell Adjt. for his Services to Septr. 9th 

18O[1][0] 7 55 

To Cyrus Keith Adjt. for his Services to Novr. 6th 1800 . 41 56 

To Joseph Morse Adjt. for his Services to Novr. 11th 1800. 11 5 

To John Merrell Adjt. for his Services to Jany. 23d 1801 . 15 91 

To Abel Morse Adjt. for his Services to Feby. 2d 1801 . 8 29 

To Herbert Moore Adjt. for his Services to Novr. 1800 . 14 25 

To Daniel Nash Adjt." for his Services to Feby. 1801 . . 8 89 

To John Nye Adjt. for his Services Jany. 1801 . . . 12 40 

To Jeremiah O'Brian Adjt for his Services to Deer. 15th 1800 33 5 

To Benjamin Poor Adjt for his Services to Feby. 6th 1801 23 84 

To Daniel Philbrook Adjt. for his Services to Jany. 1801 . 16 36 

To Esaias Preble Adjt. for his Services to Jany. 9th 1801 . 3 31 

To Isaac Patten Adjt. for his Services to Septr. 1800 . . 15 81 

To George Russell Adjt. for his Services to Jany. 1801 . 19 73 

To Daniel Sweet Adjt. for his Services to Feby. 14th 1801 . 6 55 

To John Sarjeant Adjt. for his Services to Novr. 1800 . . 17 60 

To George Stanley Adjt. for his Services to Novr. 1800 , 9 43 



Kesolves, 1800. — January Session. 



251 



To Erastus Smith Adjt. for his Services to Deer. 1800 . 

To Timothy Spanieling Adjt. for his Services to Septr. 1800 

To Samuel Satterlee Adjt. for his Services to Novr. 1800 . 

To Henery Sweet Adjt. for his Services to Deer. 17th 1800 

To Quartus Stebbins Adjt. for his Services to Deer. 1800 . 

To Nicholas Smith Adjt. for his Services to Jany. 1801 

To John Tolman Adjt. for his Services to Feby. 18th 1801 . 

To Silas Winchester Adjt. for his Services to Jany. 1801 

To Daniel Ware Adjt. for his Services to Jany. 1801 . 

To David White Adjt. for his Services to Jany. 19th 1801 . 

To Nathaniel Whitliier Adjt. for his services to Jany. 29th 
1801 

To John Wasson Adjt. for his services to Deer. 29th 1800 . 

To Timothy Whiting Adjt. for his services to Jany. 28th 
1801 

To the Board of Officers, appointed to determine the rela- 
tive Rank of the Majr. Generals of the first, second & 
third Divisions of Militia which sat in Boston April 16th 
& 17th 18U0, being omitted in their Pay Roll Viz. 

To Nathaniel Goodwin 12 ^ 



To Ebenezar Mattoon 
To John Cutlar 
To Silas Cobb 
To John Whiting . 



25 33 

18 67 

7 7 



Dolls. 


Cta. 


20 


15 


37 


27 


7 


25 


15 


20 


8 




35 


59 


5 


58 


36 


45 


17 


65 


24 


7;". 


10 


13 


25 


'.)2 



24 43 



71 15 



3513 2 



Miscellaneous. 

Dolls. Cts. 

To John Boyl for Stationary for the Adjt. General's office 
and the Commissioners for quieting Settlers on the Waldo 
pattent to Deer. 31st 1800 123 62 

To John Whiting for 250 Blank Books delivered into the 

Adjt. General's Office for the use of the Militia in 1800 . 83 34 

To Joseph How for Repairing State house, Lamps &C. to 

Feby. 23d 1801 2 24 

To the Estate of John Sprague Esqr. deceasd. a ballanc 
due for his services in quieting Settlers on the Waldo 
Patten [£,] so called, over and above one third part of one 
Thousand dollars granted to him, Nathan Dane & Enoch 
Titcomb, by two Resolves passed March 9th 1797 and 
June 27th 1798 101 20 

To Wheeler & Lincoln for erecting three Houses on Rains- 
ford's Island by order of the Board of Hea[7]th agreable 
a Resolve of the General Court 962 18 

To Peleg Coffin Esqr. Treasurer for money expended for 
Oil for Lamps Standard Measures for the Commonwealth 
& Postage &C. to Feby. 28th 1801 148 32 

To Ephraim Williams Esqr. for time and expence in pro- 
curing further evidence Respecting William Towner by 
order of the General Court 12 28 

To Jonathan Hastings for Postage of Letters and packets 
to December 31st 1800 58 33 

To Francis L. Goodwin for his services in taking care of 

the Indian Lands &c. at Penobscot — to June 5th 1800 . 55 



252 Kesolves, 1800. — January Session. 

Dolls. Ctg. 

To Thomas Dawes & John Coffin Jones for their services 
in examining and adjusting the Treasurer 1 ] s of the Com- 
monwealths accounts from the first day of July 1799 to 
the first day of July 1800 inclusive, defacing such Notes, 
due bills, and oi'ders as were redeemed within the said 
time agreable to a Resolve passed in June last $35 each . 70 

To Josiah Gilman for Amputating the hand &C. of Jonathan 

Young Junr 32 

To Joshua Holt for boarding & Cloathing Levi Konkepot 

to March 1st 1801 63 85 

To Josiah Wheeler for repairs of the New State House to 

Novr. 6th 1800 8 87 

To Thomas Spear for taking care of Hospital Island to 

Feby. 14th 1801 44 44 

To Thomas Wallcot for Services renderd. by request of 
the Electors for President & Vice President in Deer. 1800 4 

To Sylvanus Lapham for his services assisting the Mes- 
singer of the General Court from Jany. 19th to March 
7th 1801 inclusive 73 50 

To Daniel Cowin for his services assisting the Messeng[er] 
of the General Court from Jany. 20th to March 7th 1801 
inclusive 71 75 

To Daniel Hoston, Coroner, for expence taking Inquisi- 
tion on the body of Naham Sawyer of Dover state of 
New-Hampshire 17 76 



Sheriffs. 



1932 68 

Dolls. Cts. 

To John Cooper for Retur[n]ing Votes for Representative 
to Congress Deer. 1800 61 66 

To Arthur Lithgow for Returning Votes for Governor &C. 

and for Representative for Congress — to Jany. 16th 1801 46 80 

To Thomas Phillips for Returning Votes for Governor &C. 

and for Representative for Congress — to Jany. 1801 . 74 

To Ichabod Goodwin for Returning Votes for Governor 

&C. and for Representative for Congress to Jany. 1801 . 26 73 

To Joseph Dimmik for Returning Votes for Representative 

to Congress to Jany. 1800 13 33 

To Baley Bartlett for Returning Votes for Governor &C. 
and distributing precepts and Returning Vote for Repre- 
sentatives to Novr. 11th 1800 26 56 

To Joseph Hosmer for money paid for apprehending, upon 
advertizement, four persons which broke Goal on the 16th 
of Septr. last, and for distributing precepts and Return- 
ing Votes for Representative for Congress — to Jany. 1801 94 64 

To Simon Learned for Returning Votes for Representative 

to Congress— to Feby. 1801 23 33 

To John Wait for Retur[n]ing Votes for Governor &C. 

and for Representative to Congress — to Feby. 24th 1801 32 6 

To Edmond Bridge for Returning Votes for Representative 

to Congress — to Novr. 30th 1800 30 33 

To John Gardner for Returning Votes for Governor &C. to 
Jany. 1801 . 10 80 

440 24 



Resolves, 1800. — January Session. 253 



Printers. 

Dolls. ct«. 
To Young & Minns Printers for the General Court — to 

Feby. 26th 1801 717 74 

To William Butlar for Publishing Acts & Resolves to Feby. 

1st 1801 33 33 

To Ashley & Brewer (Springfield) for publishing Acts & 

Resolves to Jany. 9th 1801 16 67 

To Isaiah Thomas Worcester for publishing Acts and 

Resolves to Feby. 21st 1801 33 33 

To David J. Waters for publishing Acts & Resolves (in the 

Castine Journal) to Jany. 9th 1801 33 33 

To Herman Mann for publishing Acts & Resolves in the 

Dedham paper to Deer. 7th 1800 16 67 



Convicts. 



851 7 

Dolls. Cts. 



To Jeremiah Staniford, under keeper of the Goal, County 
of Essex, for dieting & Cloathing, Samuel Walker, from 
Castle Island, to Feby. 14th 1801 63 17 

To Nathan Heard (under keeper of the Goal County of 
Worcester) for dieting, Cloathing & Nursing &c Eli 
Page, from Castle Island, to Jany. 21st 1801 . . . 77 78 

To Oliver Hartshorn (under keeper of the Goal, County of 
Suffolk) for dieting and Cloathing, Charles Blade, Elisha 
Dillingham and Sampson Freeman from Castle Island, 
to Feby. 25th 1801 220 65 

To John Richardson under keeper of the Goal County of 
Middlesix, for Supporting, William Dexter, Thomas Kim- 
ball, Garus Proctor, Isaac Moore, Ezekiel Salmon, David 
Chandler, and Eli Blackman to Feby. 3d 1801 . . .325 99 

To Oliver Fisk for Doctoring Convicts in Worcester Goal 

to Jany. 23d 1801 34 23 



Aggregate of Boll No. 44. 

Expences of State Paupers 
Do. Militia 

Do. Miscellaneous 

Do. Sheriffs . 

Do. Printers 

Do. Convicts 

Total ........ 25854 52 

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 twenty five Thousand eight hundred, fifty four dollars 
and fifty two cents, the same being in full discharge of 
the Accounts and demands to which they refer. 

March 7, 1801. 





721 82 


. 18395 69 


. 3513 


2 


. 1932 


68 


. 440 


24 


. 851 


7 


. 721 


82 



ACTS 



AND 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS. 



BOSTON : 

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

M,DCCCI. 



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 TWENTY- 
SEVENTH DAY OF MAY, ANNO DOMINI 1801. 



1801. — Chapter 1. 

[May Session, ch. 1.] 

AN ACT ALTERING THE TIMES OF HOLDING THE COURTS IN 
THE COUNTIES OF HAMPSHIRE AND BERKSHIRE. 

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 ^giuiimi' 
this Act, the Supreme Judicial Court shall be holden in Judicial court 

■ i • -r» i i • e .in Berkshire 

the Counties of Hampshire and Berkshire as follows, viz ; and Hampshire 
in the County of Berkshire on the second Tuesday of 
September instead of the first Tuesday of the said month, 
and in the County of Hampshire on the third Tuesday of 
September instead of the second Tuesday of the same 
month. 

Sect. 2. Be it further enacted, That all writs, recog- writs, &c. 

J ' n . ~ referred to the 

nizances, warrants, complaints, appeals, and every other new times of 
matter and thing which before the passing of this act court! 8 
might, or should be returned to, or entered at the Court 
aforesaid, at the times heretofore appointed for holding 
the same, and which are hereby altered ; and all parties 
and persons which have been or may be required or 
directed to appear and attend at the aforesaid times, and 
all actions, suits and matters which may be pending in the 
said Courts at the times aforesaid, shall be returned to, 
entered at, appear, attend, have day, and be tried and 
determined in the said Courts at the times appointed by 



258 Acts, 1801. — Chapter 2. 

this Act for holding the same, according to the true intent 
and meaning thereof. 
conrt°o f fc!m- g Sec. 3. Be it further Enacted, That so much of an 
BerkEco. Act, P^sed at tne l ast session of the General Court, as 
changed. relates to the time of holding the Courts of Common pleas, 

and Courts of General Sessions of the peace within and 
for the County of Berkshire on the first Monday of July, 
be, and the same is hereby repealed and made null and 
void, and that all writs, recognizances, complaints, ap- 
peals, and every other matter & thing which before the 
passing of this act might or should be returned to or 
entered at the same Courts, or either of them, on the first 
Monday of July next ; & all parties and persons which 
have been, or may be required or directed to appear and 
attend at that time, and all actions and suits commenced, 
or which may be commenced, returnable to either of the 
same Courts at that time ; and all matters that are or may 
be pending in the same, shall be returned to, entered at, 
appear, attend, have day, and be heard and tried in the 
same Courts on the second Monday of October next, 
court of c°om ng Sec. 4. And be it further enacted, that the Court of 
Ham P BhireCo C° mmon pleas, and Court of General Sessions of the Peace 
changed. for the County of Hampshire, shall hereafter be holden on 

the third Monday of January annually, instead of the first 
Monday of February. Approved June 13, 1801. 



1801. — Chapter 2. 

[May Session, ch. 2.] 

AN ACT REPEALING PART OF AN ACT PASSED THE FIRST DAY 
OF MARCH, ONE THOUSAND SEVEN HUNDRED & NINETY 
EIGHT, UNTITLED, "AN ACT FOR THE PRESERVATION OF 
THE FISH CALLED SALMON, SHAD & ALEWIVES IN THE 
RIVERS, STREAMS & WATERS, WITHIN THE COUNTIES OF 
LINCOLN AND CUMBERLAND — & FOR REPEALING ALL OTHER 
LAWS HERETOFORE MADE FOR THAT PURPOSE, SO FAR AS 
RESPECTS THEIR OPERATION IN SAID COUNTIES." 

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 the same hereby 
is repealed, so far as it respects Pesumpscot River, in the 
said County of Cumberland. Approved June 13, 1801. 



Acts, 1801. — Chapter 3. 259 

1801. — Chapter 3. 

[May Session, ch. 3.] 

AN ACT TO REGULATE THE ALEWIVE FISHERY IN THE BROOK 
RUNING OUT OF WAKEPEE POND SO CALLED INTO THE SEA, 
IN THE INDIAN PLANTATION CALLED MARSHPEE IN THE 
COUNTY OF BARNSTABLE. 

Sect. 1. Be it enacted by the Senate & House of 
Representatioes in General Court assembled & by the 
authority of the same, that the Overseers of the Indian Persons to be 
Plantation of Marshpee, or any two of them, shall annually Tnsp^ct'the' 
appoint one or more suitable person or persons, to inspect brook > &c - 
said brook, and to open, or cause to be opened, a sufficient 
passage way for the fish to pass & repass, through any 
Mill dams that now are, or may be hereafter erected, Pro- 
vided the owners of any such dams shall refuse or neglect 
to open such sufficient passage way themselves, and cause 
the same to be kept open, from the first day of April to 
the twenty fifth day of May annually, and to prevent any 
wears, or obstructions, of any kind, which may be made 
across said brook or any part thereof, which may impede 
the passage of said Fish. And said Committee shall reg- 
ulate the times and places for taking said fish, giving liberty 
to the Indian Inhabitants to take as many of said fish as 
may be needful for their own Use. 

Sect. 2. Be it fiirther enacted that if any person or Penalty for 
persons shall erect any wear, or obstructions of any kind, passage'oTthe 6 
across said brook, so as to obstruct the passage of said flsh - 
fish, he or they so offending, shall forfeit & pay a sum not 
exceeding ten Dollars, nor less than three Dollars for each 
offence. 

Sect. 3. Be it further enacted that any person not an Price of the 
Inhabitant of the said Plantation, who is desirous of pur- 8 reguate ' 
chasing any of said fish, such person shall pay a sum not 
exceeding twenty five cents, for each hundred to be deliv- 
ered them by such person or persons as the said Commit- 
tee shall appoint, and the proceeds of the same shall be 
applied to the exclusive benefit of the said Indian & Mulatto 
Inhabitants of said Plantation. 

Sect. 4. And be it further enacted that all forfeitures Recovery and 
&, penalties, which may be incurred by any breach of this oifine P 8 riation 
Act, shall be recovered by any one or more of the said 
Board of Overseers of the said Indian Plantation, in any 



260 



Acts, 1801. — Chapter 4. 



Court in the said County of Barnstable proper to try the 
same. And all such forfeitures shall be applied to the 
exclusive benefit of the said Indian and Mulatto Inhab- 
itants of the said plantation of Marshpee. 

Approved June 13, 1801. 



Preamble. 



In case of logs, 
&c. being 
carried on to 
improved lands 
&c. by floods. 



In case of logs, 
&c. being 
carried on to 
unimproved 
lands. 



1801. — Chapter 4. 

[May Session, ch. 4.*] 

AN ACT IN ADDITION TO AN ACT ENTITLED, "AN ACT TO 
SECURE TO OWNERS THEIR PROPERTY IN LOGS, MASTS, 
SPARS & OTHER TIMBER, IN CERTAIN CASES." 

Wliereas the Act aforesaid passed the twenty second day 
of February seventeen hundred & ninety four, is found by 
its operation to be insufficient to answer the purposes in- 
tended thereby, so far as it respects Saco River in the 
County of York. 

Sect. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That when any log or logs, masts, 
spars or other timber shall be carried by the floods, into 
any improved lands adjoining said rivers, the ponds, 
streams, or waters runing into the same rivers, or form- 
ing a part thereof, the owner or owners of such log or 
logs, mast, spar or other timber, may, at any time within 
three years, lawfully remove the same from said lands, on 
tendering or paying to the proprietor or possessor of the 
land, such reasonable damages as may be occasioned by 
such log mast or spar lying on said improved lands, and 
by such removal ; and if the owner or owners of such logs, 
masts, spars or other timber shall not appear and take the 
same from such lands within the same term of three years 
or otherwise agree with the proprietors or possessors of 
such lands, then the same logs, masts, spars or timber 
shall be deemed the property, and wholly at the disposal 
of such owner or possessor of said lands. 

Sec. 2d. Be it further enacted, That when any log or 
logs, mast, spar or other timber shall be carried by the 
floods into any unimproved lands adjoining said river the 
ponds, streams, or waters running into the same river or 
forming part thereof, the owner or owners of such log or 
logs, mast, spar or other timber, may at any time law- 
fully remove the same from the said land, on tendering 



* Erroneously numbered chapter 3 in session pamphlet. 



Acts, 1801. — Chapter 5. 261 

or paying to the proprietor or possessor of the land such 
reasonable damages as may be occasioned by such log mast 
or spar, and the removal of the same. 

Sec. 3d. Be it further enacted, that if any person or Penalty for 
persons shall fraudulently mark anew any log or logs, markinglogs, 
mast spar or other timber put into any of the rivers, &c< 
streams or ponds of Saco river, on conviction thereof 
such offender or offenders shall forfeit and pay a fine of 
six Dollars for each log, mast, spar or other timber, the 
mark whereof he or they shall be convicted of having so 
marked anew ; and shall be further liable to pay to the 
owner or owners of such log, mast, spar or other timber 
treble the value thereof, which fine and treble value shall 
be recoverable by such owner or owners by action of tres- 
pass on the case in any Court proper to try the same, with 
legal costs of suit. 

Sec. 4. Be it further enacted That any log or logs, Logs, &c. 
mast, spar, or other timber which may be stopped in Saco aruffclai ob. 
river, by any artificial obstruction in or across said river, o'eremoved? 37 
may be removed by the owner or owners thereof: Pro- 
vided that nothing in this act shall extend to such logs, 
masts, spars or other timber, as now are, or may be for- 
feited before the passing of this Act, agreeably to the Act 
to which this is in addition. 

Sec. 5th. Be it further enacted, That the fourth sec- 
tion in the act to which this is in addition, so far as it 
respects Saco river, be, and it is hereby repealed. 

Approved June 16, 1801. 

1801. — Chapter 5. 

[May Session, ch. 5.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED AN ACT FOR IN- 
CORPORATING ISRAEL WATERS & OTHERS, INHABITANTS OF 
THE TOWN OF CHARLTON, INTO A RELIGIOUS SOCIETY BY 
THE NAME OF THE PROPRIETORS OF THE NEW CONGRE- 
GATIONAL CENTRE MEETING HOUSE IN CHARLTON; AND 
FOR REPEALING TWO ACTS HERETOFORE MADE FOR IN- 
CORPORATING THE CONGREGATIONAL CHURCH IN SAID TOWN, 
PASSED MARCH THE THIRD, SEVENTEEN HUNDRED AND 
NINETY EIGHT. 

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 fourth Section of said Act Part of former 

, o 1 i • li act repealed. 

be & hereby is repealed. 



262 



Acts, 1801. — Chapters 6, 7. 



The raising of 
money author- 
ized and regu- 
lated. 



Sec. 2. And be it further enacted, That said Proprie- 
tors at any meeting regularly called for that purpose, may 
by a major vote of the Proprietors, voting by shares, no 
share having more than one vote, raise such sum of money 
as they shall judge necessary for the maintenance of pub- 
lic worship, and other exigencies, and may assess the same 
on the respective shares or pews, in such way as a major 
part of said Proprietors shall direct, or on the polls and 
real and personal estate of said Proprietors, according to 
the valuation by which the State and Town taxes are 
assessed next preceding such assessment ; and each Pro- 
prietor holding more than one share shall be assessed to the 
full amount of his poll or polls, real and personal estate 
for each share. And if any proprietor shall neglect for 
the space of sixty days beyond the time appointed for the 
paying of any assessment, he or she shall forfeit his or her 
share or shares, right or rights so neglected, to be disposed 
of according to the bye laws of said proprietors, and at the 
pleasure of the same. Approved June 16, 1801. 



Appointment 
of Clerks of 
Supreme Judi- 
cial Court in 
Lincoln, Han- 
cock and Ken- 
nebeck Cos. 



1801. — Chapter 6. 

[May Session, ch. 6.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT IN 
ADDITION TO AN ACT ESTABLISHING A SUPREME JUDICIAL 
COURT WITHIN THIS COMMONWEALTH." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the Authority 
of the Same, That the Supreme Judicial Court shall have 
the same power and Authority to remove & appoint Clerks 
in the Counties of Lincoln, Hancock and Kennebeck, as 
they have by the Law, to which this is an Addition in the 
other Counties, within this Commonwealth, where the said 
Courts are holden. — And the Clerk to be appointed for 
the County of Hancock, shall be Clerk of the Supreme 
Judicial Court for the Counties of Hancock and Washing- 
ton . Approved June 16, 1 801 . 



Preamble. 



1801. — Chapter 7. 

[May Session, ch. 7.] 

AN ACT FOR THE PRESERVATION OF A CERTAIN TRACT OF 
SALT MARSH, LYING IN THE TOWNS OF SCARBORO', IN THE 
COUNTY OF CUMBERLAND, & PEPPERRELBORO', IN THE 
COUNTY OF YORK. 

Whereas great injury is done to a certain tract of 
Marsh lying in the towns of Scarboro', in the County of 



Acts, 1801. — Chapter 7. 263 

Cumberland, and Pepperelbord 1 , in the County of York, 
bounded North- Easterly by Scarboro\ or Black-point river, 
Westerly, by the upland of Blue-point and Old-Orchard, 
so called, in said Pepperelboro\ and Southeasterly by Pine- 
point and the Sea; — by reason of sundry ill disposed per- 
sons turning out their Cattle, horses, & swine to feed on 
said Marsh: Therefore, 

Sect. 1. Be it enacted by the Senate <& House of 
Representatives, in General Court assembled, and by the 
Authority of the same, That from and after the first day Penalty for 
of August next, any person who shall turn out his horses, catue D , 8 &c?on 
cattle, or Swine, to go at large on said Marsh, or Pine- the mar8h - &c - 
point, or the beach, or seaflats leading thereto, shall for- 
feit & pay, for each & every such offence, a fine of ten 
dollars, to be recovered by an Action of debt ; and every 
person whose horses, cattle, or swine as aforesaid, are found 
going at large on said marsh, pine point, the beach, or Sea 
flats, as aforesaid, shall be liable to a fine of one Dollar 
for each and every creature, as aforesaid, thus found going 
at large ; one moiety of the fines aforesaid to accrue to the 
owners of said Marsh, and the other moiety to the person 
or persons who shall sue for the same. 

And Whereas, between the aforesaid tract of marsh, and 
the sea, there interposes a sandy ridge of land, terminating 
in what is called pine-point, which ridge is chiefly covered 
with a thick growth of Pines and Shrub bushes, the only 
barrier against the inroads of the Sea, and which prevents 
the sand from shifting and blowing over said marsh, and 
thereby entirely destroying the same : Therefore, 

Sect. 2. Be it further enacted, That every person, Penalty for 
whether he be an owner in said tract of marsh, or ridge trees? g 
of land aforesaid, or not, shall be subjected to a fine of ten 
dollars, for each & every tree, he may cut down, or other- 
wise destroy on said ridge of land, or any part thereof; 
provided it is done without the consent of a major part of 
the aforesaid owners first had & obtained ; each moiety of 
the fines which may accrue in consequence hereof, to be 
recovered and appropriated, as in the first section of this 
Act is provided. Approved June 18, 1801. 



264 



Acts, 1801. — Chapter 8. 



Treasurer of 
Andover Pro- 
prietors to pay 
over half the 
money &c. for 
the support of 
the Free school 
in the North 
parish in An- 
dover. 



Trustees incor- 
porated, em- 
powered and 
directed. 



1801. — Chapter 8. 

[May Session, ch. 8.] 

AN ACT DIRECTING THE USE AND APPROPRIATION OF PART 
OF THE MONEY, ARISING FROM THE SALE OF THE COMMON 
& UNDIVIDED LANDS, OF THE PROPRIETORS OF THE TOWN 
OF ANDOVER, AND FOR OTHER PURPOSES THEREIN MEN- 
TIONED. 

Section 1. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, & by the 
authority of the same, That the Treasurer of the Proprie- 
tors of the township of Andover, and his successors in 
said Office, shall pay over and deliver one half of all the 
monies and estate which now is, or hereafter may be, in 
his hands as such Treasurer, unto the reverend William 
Sy mines, the revd. Doctor Thomas Barnard, Nathaniel 
Lovejoy Esqr., Doctor Thomas Kitteridge, revd. Peter 
Eaton, Isaac Osgood, Esqr., Doctor George Osgood, Dea- 
con John Adams, Deacon Benjamin Farnum, and Mr. 
Ebenezer Stevens, who are hereby appointed and consti- 
tuted Trustees thereof, and whose duty it shall be, and 
they are hereby authorized to lay out, expend, and appro- 
priate the income and interest thereof to the instruction 
of Youth of both sexes, in reading, writing, and Arith- 
metic, in the free School, which is already established & 
erected in the North-Parish of said Andover, in such man- 
ner, as the said Trustees may think most conducive to the 
Public good. 

Section 2. Be it further enacted, That the said Trus- 
tees, be, and hereby are incorporated into a body Politic, 
by the name of The Trustees of the Free School in the 
North Parish in Andover. And said Trustees & their 
successors shall have One Common Seal, which they may 
break, alter, & renew at pleasure ; And four of said 
Trustees shall constitute a quorum for doing business, 
and they may sue & be sued in all Actions real, personal 
& mix'd, & prosecute & defend the same to final judg- 
ment & execution by the name of the Trustees of the Free 
School in the North Parish in Andover. And said Trus- 
tees shall have power and authority to elect a President, 
Treasurer, & such other officers as they shall judge neces- 
sary & convenient ; and to make & ordain such laws, 
rules, & orders for the good government of said School, 
as to them, the Trustees aforesaid, and thier successors, 
shall, from time to time, seem requisite ; Provided, That 



Acts, 1801. — Chapter 9. 265 

said rules, laws, and orders be not repugnant to the Laws 
of this Commonwealth. 

Section 3. Be it further enacted, That the Trustees Trustees may 
aforesaid, be, and they nereby are rendered capable in & c c . eveg "' 
Law, to take and receive by gift, grant, devise, or be- 
quest, or otherwise, any Lands, tenements, or other estate, 
real & personal, which has been, or may in future be granted 
for the benefit of said Free School, — Provided the annual &Xd. lncome 
income thereof, shall not exceed the sum of One thousand 
dollars, to have & to hold the same under such provisions 
& limitations as may be expressed in any Deed or convey- 
ance to them made by the donor or donors ; and that all 
deeds & instruments, which the said Trustees shall lawfully 
make, shall, when made in the name of said Trustees and 
signed and delivered by the President and sealed with 
their common Seal, bind the Trustees, and their succes- 
sors, and be valid in Law. 

Section 4. Be it further enacted, That the aforesaid meetings'. 
Trustees, shall have full power & authority to determine 
at what times & places their meetings shall be holden & 
upon the manner of notifying the Trustees to convene at 
such meetings ; and the said Trustees shall have full power 
and authority to determine & prescribe from time to time, 
the powers & duties of their several Officers, and to fix 
and determine the tenures of their respective offices. 

Section 5. Be it further enacted, That on the death vacancies to 
or resignation of any of the Trustees, they shall, from time 
to time, choose some suitable person to fill the vacancy 
occasioned thereby. 

Section 6. And be it further enacted, That Nathaniel FirBt meetin s- 
Lovejoy, Esqr. be, and he is hereby authorized & empow- 
ered to fix the time and place of holding the first meeting 
of said Trustees, and to notify them thereof. 

Approved June 18, 1801. 



1801. — Chapter 9. 

[May Session, ch. 9.] 

AN ACT DIRECTING THE USE AND APPROPRIATION OF PART 
OF THE MONEY ARISING FROM THE SALE OF THE COMMON 
AND UNDIVIDED LANDS OF THE PROPRIETORS OF THE TOWN 
OF ANDOVER, AND FOR OTHER PURPOSES THEREIN MEN- 
TIONED. 

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



266 



Acts, 1801. — Chapter 9. 



Treasurer of 
Andover Pro- 
prietors to pay 
over half the 
money &c. for 
the support of 
Free schools in 
the South par- 
ish in Andover. 



Trustees incor- 
porated, em- 
powered and 
directed. 



Trustees may 
receive gifts, 
&c. 



Annual income 
limited. 



authority of the same, That the Treasurer of the Proprie- 
tors of the township of Andover, and his successors in 
said Office, shall pay over and deliver one half of all the 
monies and estate which now is, or hereafter may be, 
in his hands as Treasurer, unto John Lovejoy Abbot, 
esqr., Captain Jonathan Abbot, Mr. Joshua Chandler, 
Mr. Timothy Abbot, Captain Benjamin Jenkins, Captain 
Zebediah Holt, and Mr. James Bailey, who are hereby 
appointed and constituted Trustees thereof, and whose 
duty it shall be, and they are hereby authorized to lay 
out, expend and appropriate the income and interest 
thereof to the instruction of youth of both sexes, in read- 
ing, writing and arithmetic in the Free Schools which are 
already, or may hereafter be established and erected in 
the South Parish of said Andover, in such manner as the 
said Trustees may think most conducive to the public 
good. 

Sec. 2. Be it further enacted, That the said Trustees 
be, and hereby are incorporated into a body politic by the 
name of The Trustees of the Free Schools in the South 
Parish in Andover; and said Trustees and their Succes- 
sors shall have one common seal, which they may break, 
alter and renew at pleasure, and four of said Trustees shall 
constitute a quorum for doing business, and they may sue 
& be sued in all actions real, personal & mix'd, & prose- 
cute & defend the same to final judgment & execution, by 
the name of the Trustees of the Free Schools in the South 
Parish in Andover. And said Trustees shall have power 
and authority to elect a President, Treasurer, and such 
other Officers as they shall judge necessary and conve- 
nient, and to make and ordain such laws, rules and orders 
for the good government of said Schools as to them, the 
Trustees aforesaid, and their successors, shall, from time 
to time, appear requisite : Provided, That said rules, laws 
and orders be not repugnant to the laws of this Common- 
wealth. 

Sec. 3d. Be it further enacted, That the Trustees afore- 
said be, and they hereby are rendered capable in law to 
take and receive by gift, grant, devise or bequest, or other- 
wise, any lands, tenements or other estate, real and per- 
sonal, which has been, or may in future be granted for 
the benefit of said Free Schools ; provided the annual 
income thereof shall not exceed the sum of One thousand 
Dollars, to have and to hold the same under such provi- 



Acts, 1801. — Chapter 10. 267 

sions and limitations as may be expressed in any deed or 
conveyance to them made by the donor or donors, and 
that all deeds and instruments, which the said Trustees 
shall lawfully make, shall, when made in the name of said 
Trustees, and signed and delivered by the President, and 
sealed with their common Seal, bind the said Trustees 
and their successors, and be valid in law. 

Sec. 4. Be it further enacted, That the aforesaid Trus- Trustees' 
tees shall have full power and authority to determine at meetng8 - 
what times and places their meetings shall be holden, and 
upon the manner of notifying the Trustees to convene at 
such meetings ; and the said Trustees shall have full power 
and authority to determine and prescribe, from time to 
time, the powers & duties of their several Officers, and to 
fix and determine the tenures of their respective offices. 

Sec. 5th. Be it further enacted, That on the death or vacancies to be 
resignation of any of the Trustees, they shall, from time 
to time, choose some suitable person to fill the vacancy 
occasioned thereby. 

Sec. 6. And be it further enacted, That John Lovejoy First meeting. 
Abbott, Esqr. be, and he is hereby authorized and em- 
powered to fix the time and place of holding the first 
meeting of said Trustees, and to notify them thereof. 

Approved June 18, 1801. 

1801. — Chapter 10. 

[May Session, ch. 10.] 

AN ACT PROVIDING FOR THE APPOINTMENT OF AGENTS FOR 
DEMANDING AND RECEIVING FUGITIVES FROM JUSTICE, AND 
FOR DEFRAYING THE EXPENSE OF TRANSPORTING THEM 
FROM OTHER STATES IN THE UNION TO THIS COMMON- 
WEALTH. 

WJiereas it is provided by the Constitution of the United Preamble. 
States, that ' ' A person charged in any State with treason, 
felony, or other crime, who shall flee from Justice, and be 
found in another State, shall, on demand of the Executive 
authority of the State from which he fled, be delivered up 
to be removed to the State having Jurisdiction of the crime" 
4 Chapr. — And whereas by an Act of the Congress of 
the United Slates of America, passed on the twelfth day 
of February, in the year of Our Lord one thousand seven 
hundred & ninety three, it is among other things provided, 
that the executive authority of each State, to which any such 
person shall have fled, shall deliver him over on demand 



268 Acts, 1801. — Chapter 11. 

of the executive authority of the State, where the crime 
shall have been Committed, to the Agent of the /State, 
which shall make the demand; but no provision has been 
made in this State for the appointment of such Agents. 

Sect. 1. Be it therefore enacted by the Senate and 

House of Representatives, in General Court assembled, 

Governor am i y the authority of the same, That the Governor of 

authorized to . . *' 111 

appoint Agents this Commonwealth, be, and hereby is authorized, in any 
receive of other such case, to appoint an Agent or Agents to demand of 
chirgedTith 8 the executive authority of any other of the United States, 
state! inthi8 an y P erson > who shall be charged with treason, felony, or 
any other crime in this State, and may, by and with the 
advice of the Council, issue his warrant on the Treasury 
to defray the expences of such Agent, in making such 
demand, and in transporting the person so charged from 
any other State to this. 
o^thersutes^o Sect. 2. And be it further enacted, That, when a de- 
totransponper- man d sna U be made on the Executive authority of this 
sons delivered State, by that of any other, for the delivery over of any 
person charged with treason, felony or other crime, in the 
State from which the demand shall be made, the Gov- 
ernor, with the advice of the Council, shall issue his war- 
rant, under the Seal of the Commonwealth, Authorizing 
the Agent or Agents who shall make the demand, to 
transport such person, so delivered over, to the line of this 
State, on the way to the State which shall make the de- 
mand, at the expence of such Agent or Agents, and shall 
also, in such Warrant, command all civil officers within 
the State to afford such Agents all needful assistance in 
transporting such person, so charged, pursuant to such 
Warrant. Approved June 18, 1801. 



1801. — Chapter 11. 

[May Session, ch. 11.] 

AN ACT AUTHORIZING THE PROPRIETORS OF THE THIRD TURN- 
PIKE ROAD IN NEW HAMPSHIRE, TO EXTEND THE SAME 
ROAD INTO THE TOWN OF TOWNSEND. 

i 

Sec. 1. Be it enacted by the Senate and House oj 
Representatives, in General Court assembled, and by the 
Proprietors authority of the same, That the Proprietors of the Third 

autnorizGu to *^ ■*■ 

lay out the road Turnpike Road in New Hampshire, be, and they hereb}^ 
are authorized and empowered to lay out, make and keep 
in repair a turnpike road not less than four rods wide, 



Acts, 1801. — Chapter 11. 269 

the path to be travelled on, in which, shall be not less 
than eighteen feet wide from the line of the State of New 
Hampshire, on the north side of the town of Townsend, 
communicating with a turnpike road laid out in said State 
by said Corporation, to the County road in said town, 
near Goss's Bridge, so called, a distance of about four 
miles ; and when said road shall be sufficiently made, and 
shall be approved of by a Committee to be appointed for 
that purpose by the Court of General Sessions of the 
peace for the County of Middlesex, the said Corporation 
shall be, and hereby is authorized to erect a turnpike gate 
on the same, in such manner and at such place as said 
Committee shall judge necessary and convenient for col- 
lecting the toll, and shall be entitled to demand & re- 
ceive of every person using the said road, the rates of 
toll hereafter mentioned, and for that purpose to stop any 
person riding, leading or driving any horses, cattle, hogs, 
sheep, sulkey, chair, or chaise, phaeton, coach, chariot, 
cart, waggon, sleigh, sled or other carriage of burden or 
pleasure from passing through the said turnpike gate, 
untill they shall respectively have paid the same ; that is 
to say, for every mile of said road, and so in proportion 
for a greater or less distance, or greater or smaller num- 
ber of sheep, hogs or cattle, viz. For every fifteen sheep Rate of Ton. 
or hogs one cent ; — For every fifteen horses or cattle two 
cents ; For every horse and his rider, or led horse, three 
fourths of one cent ; For every sulkey, chair or chaise 
with one horse and two wheels, one and a half cents ; — 
For every chariot, coach, stage waggon, phaeton or chaise 
with two horses and four wheels, three cents ; For either 
of the carriages last mentioned, with four horses, four 
cents; — For every other carriage of pleasure the like 
sums according to the number of wheels and horses draw- 
ing the same ; For each cart or other carriage of burden 
with wheels, drawn by one beast, one cent ; For each 
waggon, cart or other carriage of burden drawn by two 
beasts, one and a half cents ; if by more than two beasts, 
one cent for each additional yoke of oxen, or horse ; — 
For each sleigh drawn by one horse, three fourths of one 
cent ; if drawn by two horses, one and a half cents ; if 
by more than two horses, half a cent for every additional 
horse ; — For each sled drawn by one horse, half of one 
cent; — For each sled drawn by two horses or a yoke of 
oxen, one cent ; and if by more than two horses or one 



from toll. 



270 Acts, 1801. — Chapter 11. 

yoke of oxen, one cent for every additional pair of horses 
or yoke of oxen. And at all times, when the Toll-gath- 
erers shall not attend their duty, said gate shall be left 
Penalty for open. And if any person shall, with his carriage, team, 
eva mgt e o . ca ^j e or horses, turn out of said road to pass the said 
turnpike gate, on ground adjacent thereto, or shall falsely 
pretend to be exempted by this act from paying toll, with 
intent to avoid the payment of the toll legally due from 
him, said 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 thereof, in an 
Exemptions action of debt or on the case ; Provided, that nothing in this 
act shall be construed to entitle the said Corporation to 
demand toll of any person who shall be passing with his 
horse or carriage to or from public worship, or with his 
horse, team or cattle to or from his common labour on 
his farm, or to or from any mill, or on the common and 
ordinary business of family concerns within the town where 
he dwells, or passing said road on military duty. 
ma e p u rcn i a e 8 t e° 18 ^ EC ' 2d - ^ e & further enacted, That said Corporation 
land, &c. may purchase and hold any land over which they may make 

said road ; and the Justices of said Court of General Ses- 
sions of the Peace are hereby authorized and required, upon 
application from said Corporation, to lay out said road, or 
such part thereof, as, with the consent of said Corporation, 
they may deem proper. And said Corporation shall be 
holden to pay all damages which any person shall sustain 
by taking his land for said road, to be estimated by a Com- 
mittee of said Court, if the parties agree thereto, otherwise 
by a Jury in the manner directed by Law for the recovery 
of damage sustained by laying out public highways. 
deia a s yf r°u ^ EC " ^ D * ^ e it further enacted, That if said Corpora- 

lawfui'toii. tion, their Tollgatherers, or others in their employment, 
shall unreasonably delay or hinder any passenger at said 
gate, or shall demand and receive more toll than is allowed 
by law, said Corporation shall forfeit and pay a sum not 
exceeding ten Dollars, nor less than one Dollar, to be re- 
covered by the party aggrieved to his own use, in an action 
on the case, before any Justice of the Peace for said County 
of Middlesex, not being a member of said Corporation ; the 
writ in which action shall be served on said Corporation 
by leaving a copy of the same with the Tollgatherer at 
said gate, or any officer or individual member thereof, liv- 
ing in said County of Middlesex, seven days, at least, before 



Acts, 1801. — Chapter 11. 271 

the day of trial ; and such Tollgatherer, Officer or indi- 
vidual member of said Corporation shall have a right to 
appear in and defend such suit on behalf of said Corpora- 
tion. And said Corporation shall be liable to pay all dam- Road to be kept 
ages which may happen to any person from whom toll is nrep r " 
by this act demandable, by means of any defect of Bridges 
or want of repairs on said road, and shall also be liable to 
be fined, on presentment of the Grand Jury, for not keep- 
ing said road and bridges in good repair, in the same man- 
ner as towns are by law liable to be fined. 

Sec. 4. Be it further enacted, That if any person shall penalty for 

«/ */ i. iniurins the 

cut, break down or destroy said turnpike gate, or shall gate, &c. 
forcibly pass or attempt to pass the same, without having 
first paid the legal toll at such gate, he shall forfeit and 
pay a sum not exceeding fifty dollars, nor less than two 
dollars, to be recovered by the Treasurer of said Corpo- 
ration to their use, in an action of trespass in any Court 
proper to try the same. 

Sec. 5. Be it further enacted, That it shall be the duty Account of 

. . r, . .... f, . -, -, . expenses to be 

ot said Corporation within six months alter said road is exhibited. 

completed, to lodge in the office of the Secretary of this 

Commonwealth an account of the expences of making said 

road in said town of Townsend, and at the expiration of 

ten years from the setting up said gate, and thereafter 

annually, it shall be their duty to exhibit to the Governor 

and Council of this Commonwealth, a true account of the 

income arising from said toll, with their annual necessary 

disbursements on said road, under penalty of forfeiting 

the benefits of this act ; and if, at any time after the ex- Term of toil 

piration of said term, it shall appear to the General Court limited. 

that said income shall have fully compensated the said 

Corporation for all monies which they may have expended 

in purchasing, making, repairing and taking care of the 

said road, together with an interest thereon at the rate of 

twelve per cent, by the year, the General Court shall have 

a right to repeal this act, and thereupon the property of 

said road shall be vested in said Commonwealth, and be 

at their disposal. Approved June 18, 1801. 



272 Acts, 1801. — Chapter 12. 



1801. — Chapter 12. 

[May Session, ch. 12.] 

AN ACT TO ALTER THE LINE BETWEEN THE SOUTH PARISH 
IN AUGUSTA, AND THE PARISH IN HALLOWELL, AND TO 
REPEAL THE SECOND SECTION OF AN ACT, ENTITLED, "AN 
ACT DIVIDING THE TOWN OF HALLOWELL, IN THE COUNTY 
OF LINCOLN, INTO THREE PARISHES, AND FOR INCORPO- 
RATING THE SAME," PASSED THE FOURTEENTH DAY OF 
JUNE, SEVENTEEN HUNDRED AND NINETY FOUR. 

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

determined &c Authority of the same, That from and after the passing of 
this Act, the line dividing the towns of Hallowell and 
Augusta, shall be the dividing line between the south 
Parish in Augusta, and the Parish in Hallowell, and that 
any of the inhabitants, their heirs, and assigns, living 
within that part of the south Parish in Augusta, (agree- 
able to the original parish line) which are within the limits 
of the town of Hallowell, shall have full liberty at any 
time, within the space of one year after the passing of this 
act, to join themselves, with their estates, to the south 
Parish in Augusta, by leaving their names with the town 
Clerks of said Hallowell and Augusta, signifying their in- 
tentions so to do ; whereupon they shall ever after belong 
to said Parish. 

Permission g EC> 2d. Be it further enacted, That any of the in- 

K1V6D 10 1 110 *^ 

inhabitants re. habitants belonging to the towns of Hallowell or Augusta, 
any C of D fhe° D1 ' 8 who have joined themselves to the parish in Hallowell, or 
parishes. either of the parishes in Augusta, shall have full liberty, 

to remain members of that Parish, to which they have so 
joined themselves, together with their families and estates ; 
and that they shall also have full liberty to return, at any 
time, with their said families and estates to that parish, 
within which they reside ; provided they leave their names 
in writting with the Clerks of the two parishes concerned, 
certifying their intentions so to do ; and upon their return- 
ing, as aforesaid, they shall forever after, belong to the said 
parish in which they reside. 
Pan of a former g EC# 3 D> Be it further enacted, That the second section 
in an act, entitled, " An Act dividing the town of Hallo- 
well, in the County of Lincolu, into three parishes, and 
for incorporating the same," passed the fourteenth day of 



Acts, 1801.— Chapter 13. 273 

June, one thousand seven hundred and ninety four, be, 
and is hereby repealed. 

Sec. 4th. Be it further enacted, That any person or Provision reia- 
persons, who have taken the benefit of the second section tlvet0 
of the act beforeinentioned, shall pay their proportionable 
part of all debts due from, or monies voted to be raised, 
by the parish in which they belonged prior to their having 
left the same by joining themselves to another parish by 
virtue of the act and section aforesaid. 

Sec. 5th. Be it further enacted, That the lines estab- Parish lines. 
lished by an act dividing the town of Hallowell, in the 
County of Lincoln, into three parishes, and for incorpo- 
rating the same, passed the fourteenth day of June, one 
thousand, seven hundred and ninety-four, shall be the 
lines of said parishes, except the line between the south 
parish in Augusta and the parish in Hallowell. 

Approved June IS, 1801. 

1801. — Chapter 13. 

[May Session, ch. 13.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE 
PURPOSE OF BUILDING A BRIDGE OVER NORTH RIVER, IN 
THE COUNTY OF PLYMOUTH, BETWEEN THE TOWNS OF 
SCITUATE & MARSHFIELD AT OAKMAN'S FERRY. 

Sect. 1. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, and by the 
Authority of the same, That Cushin«; Otis, Joseph Rog- Persons 

• ^ incorporated 

ers, George Little, Elisha James, Amos Hatch, James 
Sparrel, Elijah Curtis, Thatcher Tilden, John Tolman, 
Benjamin Rogers, Jotham Tilden, with such other persons 
as now are associated, or may hereafter associate with 
them, for the purpose hereafter mentioned, their heirs, & 
assigns, be, and they hereby are made & constituted a 
Corporation or Body Politic, for the purpose of building 
a Bridge over the North River, between the towns of 
Scituate and Marshfield, in the County of Plymouth. 

Sect. 2. Be it further enacted, That any two of the Twoproprie- 
aforesaid proprietors may, by posting up notifications at a^ee^y* 
some public places in the towns of Scituate & Marshfield, 
warn & call a meeting of the proprietors, to be holden at 
any suitable time & place after ten days from the first 
publication of said advertisement ; and the proprietors, 
by a Vote of a majority of those present, or duly repre- 



274 



Acts, 1801. — Chapter 13. 



A Clerk to be 
chosen, and 
regulations to 
be established. 



Where & how 
the Bridge is to 
be erected. 



Rates of Toll. 



sented at the said meeting, (allowing one Vote to & for 
each single share in all cases ; Provided, however, that no 
one proprietor shall be allowed more than four Votes) 
shall choose a Clerk, who shall be sworn to the faithful 
discharge of said Office, and shall also agree on a method 
of calling future meetings ; and at the same, or a subse- 
quent meeting or meetings, may elect such Officers & 
make and establish such rules and bye law T s, as to them 
may seem necessary or convenient, for the regulation & 
government of the said corporation, for carrying into 
effect the purpose aforesaid, & lor collecting the toll 
herein after granted and established, and may annex pen- 
alties to the breach of any bye-laws, not exceeding five 
dollars ; and all representations at said meeting shall be 
filed with the Clerk, and this Act, and all rules regula- 
tions & proceedings, shall be fairly & truly recorded by 
the said Clerk in a book or books to be provided & kept 
for that purpose. 

Sect. 3. Be it further enacted, That the said Proprie- 
tors be, and they hereby are authorized and empowered 
to erect a Bridge over North River, between the towns of 
Scituate & Marshfield, in the County of Plymouth, at 
Oakman's ferry, so called, with a Convenient draw, at 
least thirty feet wide, for the passing of Vessels ; and the 
said proprietors shall constantly keep some suitable per- 
son or persons at the said Bridge, who shall, without toll 
or expence, raise said draw for any and every vessel that 
may be passing up or down the River aforesaid, so that 
no such vessel shall be unreasonably detained or delayed 
in its passage as aforesaid. 

And for the purpose of reimbursing said proprietors 
the money by them to be expended in building & support- 
ing said Bridge : 

Sect. 4. Be it further enacted, That a toll be, and 
hereby is granted and established for the sole benefit of 
said proprietors, according to the rates following, to wit, 
— For each foot passenger two cents ; for each horse & 
rider five cents ; for each horse & chaise, chair, sulky or 
sleigh twelve cents & five mills ; for each Coach, Chariot, 
or Phreton, or other four-wheeled carriage for passengers 
twenty-five cents ; for each Curricle twenty-five cents ; 
for each sleigh drawn by more than One horse twenty 
cents ; for each Cart, Sled, or other carriage of burthen 
drawn by one beast ten cents, if drawn by more than one 



Acts, 1801. — Chapter 14. 275 

beast twelve cents & five mills ; for each horse without a 
rider, & for neat cattle two cents each ; for sheep, & 
swine eight cents for each dozen ; — and one person & no 
more shall be allowed to each team as a driver to pass 
free of toll. And the toll shall commence on the day of 
first opening said Bridge, and shall continue for the term 
of forty years. And at the place where the toll shall be 
received there shall be Erected, & constantly exposed to 
view, a sign board, with the rates of toll fairly & legibly 
written or printed thereon in large letters. 

Sect. 5. Be it further enacted, That the said Bridge Directions 
shall be well built, with suitable materials, at least twenty- bu^ffn K D of the 
two feet wide, and covered with planks, with sufficient Bnd « e ' &c - 
rails on each side, and boarded up sixteen inches high 
from the floor of said Bridge, for the safety of passengers 
travelling thereon ; and the same shall be kept in good 
repair at all times. 

Sect. 6. And be it further enacted, That if the said ^luwuhin 6 
proprietors shall neglect, for the space of four years from four years, 
the passing of this Act, to build & erect said Bridge, then 
this Act to be void & of no effect. 

Approved June 19, 1801. 

1801. — Chapter 14. 

[May Session, ch. 14.] 

AN ACT ALTERING THE TIME OF HOLDING THE COURT OF 
GENERAL SESSIONS OF THE PEACE, & THE COURT OF COM- 
MON PLEAS, WITHIN & FOR THE COUNTY OF NANTUCKET, 
FROM THE LAST TUESDAY OF MARCH TO THE TUESDAY 
NEXT PRECEDING THE LAST TUESDAY OF MARCH. 

Sect. 1st. Be it enacted, by the Senate <& House of 
Representatives, in General Court Assembled, and by the 
Authority of the same, That the Act intitled, " An Act r c a t rt re ° p f e a al f e ° d rmer 
for determining at what times & places the several Courts 
of General Sessions of the Peace & the Courts of Com- 
mon Pleas shall be holden within & for the several Coun- 
ties within this Commonwealth, & for repealing all Laws 
heretofore made for that purpose," so far as it respects the 
holding of the Court of General Sessions of the Peace, & 
the Court of Common Pleas, within & for the County of 
Nantucket on the last Tuesday of March, be, & the same 
is hereby repealed. 

Sect. 2d. Be it further enacted, That from & after Time for hold- 
the passing of this Act, the time of holding the Court of ng 



276 



Acts, 1801. — Chaptee 15. 



Law business 
conformed to 
the alteration 
directed by this 
act. 



General Sessions of the Peace, & Court of Common 
Pleas, within & for the County of Nantucket, shall be on 
the Tuesday next preceding the last Tuesday in March. 

Sect. 3d. And, Be it further enacted, That all Ap- 
peals already made, recognizances taken, or that may, 
before the aforesaid Tuesday, next preceding the last 
Tuesday of March next, be made or taken, to the afore- 
said Court of General Sessions of the Peace, & all actions 
already commenced, or that may be commenced, & all 
processes returned, or that may be returnable before the 
aforesaid last Tuesday of March, & all Appeals claimed, 
or which may be claimed, & all Actions pending at the 
aforesaid Court of Common Pleas, which, before the pass- 
ing of this Act, was to be holden, on the last Tuesday of 
March, shall be returnable to, entered, made, proceeded 
on, tried, & determined, agreeably to the true intent of 
such Writ, Process, Eecognizance, or Appeal at the Courts 
hereafter to be holden in said County, on the Tuesday next 
preceding the last Tuesday of March. 

Approved June 19, 1801. 



Overseers of 
the beaches, 
&c. to be 
chosen. 



Overseers' 
meetings. 



1801. — Chapter 15. 

[May Session, ch. 15.] 

AN ACT TO PREVENT DAMAGE BEING DONE TO THE HARBOUR 
OF WELLFLEET IN THE COUNTY OF BARNSTABLE BY EX- 
CESSIVE NUMBERS OF CATTLE, SHEEP AND HORSE KIND 
FEEDING ON THE BEACH AND ISLANDS ADJOINING THE 
WESTERLY SIDE OF SAID HARBOUR. 

Sec. 1. Be it enacted by the Senate and House of Rep- 
resentatives , in General Court assembled, and by the au- 
thority of the same, That the town of Wellfleet shall be, 
and they are hereby empowered and directed, at their 
meeting for the choice of Town Officers in March or April 
annually, to choose three discreet persons, being freehold- 
ers in said town, to inspect and oversee the Islands & 
Beaches adjoining the westerly side of Wellfleet harbour, 
and southward of Griffin's Island, so called ; and each per- 
son, so chosen, shall be sworn faithfully and impartially 
to discharge the duties required of him by this act. And 
the overseers of said Islands and Beaches shall meet to- 
gether annually, on or before the twentieth day of April, 
at such time and place as the person first chosen by said 
town shall appoint ; the meeting to be by him duly noti- 



Acts, 1801.— Chapter 15. 277 

fied : And the major part of the Overseers present at such 
meeting, are hereby authorized and empowered to agree 
upon and determine what numbers of cattle, horse kind 
and sheep, shall be permitted to feed on the aforesaid 
Islands and Beaches southward of Griffins Island, so as 
to do the least damage. 

Sec. 2. And be it further enacted by the authority 
aforesaid, That from and after the first day of March Not lawful for 
next, it shall not be lawful for any person or persons fum^uThu ° 
whatsoever to turn out, feed, or let run at large, any neat oTthVbeS 
cattle, sheep or horse kind on the land, Islands, Meadows &c - 
and Beaches on the westerly side of Wellfleet harbour, 
and southward of Griffin's Island, in the town of Well- 
fleet, unless he, she or they shall first obtain a permit in 
writing, signed by the Overseers of said Islands, Beaches 
& Meadows, for that purpose. And no person or per- 
sons, other than an inhabitant of the said town of Well- 
fleet, shall be permitted to turn out feed or let run at 
large, any neat cattle, horse kind or sheep, except such 
persons as may own some right or interest therein on said 
Islands Beaches and Meadows. 

Sec. 3d. And be it further enacted by the authority 
aforesaid, That after the publication of this Act, if any Penalty for 

^ in i_ i_ i»iij. breach of this 

person or persons shall presume to turn out, teed, or let act. 
run at large any neat cattle, horse kind or sheep, on the 
Islands, Beaches or Meadows aforesaid, or any part thereof, 
without permission in writing from the overseers of said 
Islands, Beaches or Meadows in manner aforesaid ; the 
owner or owners thereof shall forfeit and pay for each 
offence two Dollars a head for all neat cattle and horse 
kind, & twenty cents a head for all sheep so turned out 
to feed or let run at large on the Islands, Beaches or 
Meadows aforesaid, to be recovered by any inhabitant of 
the town of Welfleet, before any Justice of the Peace for 
the County of Barnstable, by action of debt. And all such cattle, &c. 
cattle, horse kind or sheep, found feeding or running at ^eacheTu) be 
large on said Islands, Beaches and Meadows, without per- ^"he mode 
mission, as aforesaid, shall be liable to be impounded in of proceeding 

. . > i /» i ii in that case. 

the town of Wellfleet, and immediate notice thereof shall 
be given to the owner or owners thereof, if known, other- 
wise public notice thereof shall be given in writing, by 
posting up the same in the town of Wellfleet, and in Truro, 
in some public places, by the person impounding the same ; 
such creatures to be relieved by the pound keeper with 



278 



Acts, 1801. — Chapter 15. 



suitable meat and water, while impounded ; & if the owner 
or owners thereof appear to redeem his, her or their im- 
pounded creature or creatures, he, she or they shall pay 
the following fees, viz. Fifty cents to the impounder for 
each neat beast or horse kind, and eight cents for each 
sheep so impounded ; and to the pound keeper reasonable 
costs for relieving such creatures, besides his fees estab- 
lished by law. And if no owner appear within the space 
of four days to redeem such cattle, sheep or horse kind, so 
impounded, and to pay the cost occasioned by impound- 
ing them, then, & in every such case, the person impound- 
ing such creature or creatures shall cause the same to be 
sotd at public vendue, to pay the cost and charges arising 
thereby ; public notice of the time of such sale to be given 
in the towns of Wellneet and Truro forty-eight hours, at 
least, previous to such sale ; and the overplus, if any there 
be, arising by such sale, to be returned to the owner or 
owners of such creature or creatures so sold, at any time 
within twelve months next after such sale, upon his, her 
or their demanding the same ; but if no owner appear 
within the said twelve months, then the said overplus 
shall accrue, one half to the party impounding such 
creature or creatures, and the other half to the use of the 
town of Wellneet, for the support of the poor of said 
town. 

Sec. 4. And be it further enacted by the authority 
aforesaid, That each person who shall be permitted as 
aforesaid to turn out feed or let run, on the Islands, 
Beaches and Meadows aforesaid, any neat cattle, horse 
kind or sheep, shall pay annually to the Treasurer of the 
said town of Wellneet, for each neat beast, horse kind or 
sheep so running or feeding on said Islands, Beaches or 
Meadows, such sum as shall be agreed upon and voted by 
said town of Wellneet at their meeting for the choice of 
town officers, in the month of March or April annually; 
which sums shall be for the use of protecting and securing 
said Islands, Beaches & Meadows from damage. 

Sec. 5. And be it further enacted, by the authority 
aforesaid, That it shall be the duty of the overseers of the 
Islands, Beaches and Meadows on the westerly side of 
Wellfleet harbour, and southward of Griffin's Island, chosen 
agreeably to this act, to see that this act be observed, and 
to prosecute all breaches thereof. And in case any person 
as overseer. chosen as overseer of the aforesaid Islands, Beaches and 



An annual 
privilege to be 
purchased. 



Overseers' 
duty. 



Penalty for 
refusing to serve 



Acts, 1801. — Chapter 16. 279 



Meadows, agreeably to this act, shall refuse to be sworn, 
he shall forfeit and pay two Dollars for the use of the poor 
of said town of Wellfleet ; and upon such refusal the said 
town of Wellfleet shall from time to time proceed to a new 
choice of such officer or officers. 

Sec. 6. And be it further enacted by the authority 
aforesaid, That all laws heretofore made to prevent dam- Former laws 
age being done to the harbour of Wellfleet, be, and they repeae ' 
hereby are repealed. Approved June 19, 1801. 

1801. — Chapter 16. 

[May Session, ch. 16.] 

AN ACT DIRECTING THE PROCEEDINGS FOR THE SPEEDY RE- 
MOVAL OF NUISANCES. 

Whereas the laws now in force are inadequate to so Preamble. 
speedy a removal of nuisances as the Exigencies of the 
public may require: Therefore, 

Sec. 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 pl^eVutlol^ 
this act any two Justices of the Peace, quorum Unus, |zed to enquire 

ii i i i • i a • ' i into Nuisances, 

shall be, and the}' hereby are authorized to inquire, by a &o. 
Jury, as is herein after directed, into all nuisancies erected, 
or which may hereafter be erected by any person, or per- 
sons : and if it be found, upon such inquiry, that a nuisance 
shall have been erected, created or continued by any per- 
son or persons ; then that such Justices shall cause the 
same to be abated and removed. 

Sec. 2d. And be it farther enacted, That any person complaints to 
or persons may make out his or their complaint in writ- writing. 
ting, directed to any two Justices of the Peace, Quorum 
Unus, of any existing nuisance, and they shall, as soon as Justices to can 
such complaint is exhibited to them, make out their war- foVmofwar- e 
rant, under their hands and seals, directed to the Sheriff rant lherefor - 
of the same County, commanding him, in behalf of the 
Commonwealth, to cause to come before them twelve good 
and lawfull Men of the same County, who shall be drawn, 
in equal proportions, out of the Jury box for the Supreme 
Court, by the Selectmen of the three towns next adjoining 
to the town in which such nuisance may be, at a meeting 
of such Selectmen, to be holden forthwith for that pur- 
pose, upon the requisition of such Sheriff, and they shall 
be empowered to inquire into the nuisance complained of, 
which warrant shall be in the form following, Vizt : 



280 



Acts, 1801. — Chapter 16. 



Form op Warrant. 



Summons to 
issue to the 
party com- 
plained against, 
and form 
thereof. 



Seal (l. s.) BE- 



SS 



To the Sheriff of the County of Greeting : 

Whereas complaint is made to us, the subscribers, two 
of the Justices of the Peace within and for the County 
of Quorum Unus, by of in the same 

County, that of upon the day of , 

at with force and arms, did unlawfully erect, or 

cause to exist, a nuisance of the following discription, to 
wit, (here particularly discribe the nuisance) and the 
same nuisance unlawfully, and unjustly, and with like force 
and arms doth still keep up and continue : You are, there- 
fore, in behalf of the Commonwealth, commanded to cause 
to come before us upon the day of at 

in the same County, twelve good and lawfull men of your 
County, each one of whom having freehold of the Yearly 
value of ten dollars, to be impanneled and sworn to inquire 
into the nuisance afore described. 

Given under our hands and seals this day of 

in the Year of our Lord 

R. S. > Justices of the Peace 
N. O. 5 Quorum Unus. 

And the said Justices shall make out their summons to 
the party complained against in the form following : 



Form of the Summons. 



H- 



Commonwealth of Massachusetts. 



SS. 



To the Sheriff of the County of or either of his 

Deputies Greeting : 

We command you, that you summon to appear 

before the subscribers, two of our Justices of the Peace, 
within and for our said County of , Quorum Unus, 

at a place called in D in the said County, 

at O'Clock in the noon ; then and there to 

answer to the complaint of to them exhibited ; 

wherein it is stated, that (here recite the complaint) and 
you are to make a return of this writ, with your doings 
therein, unto our said Justices, upon, or before the said 
day of 

Witness our said Justices the day of in 

the Year of our Lord 



R. S 

N 



. S.> 
. O.J 



Acts, 1801. — Chapter 16. 281 

Which summons shall be served upon the party com- Manner of 
plained against, by reading the same in his hearing, or by summons. 6 
a copy thereof left at his usual place of abode, fourteen 
days, exclusively, before the day of trial ; and if the party 
shall not appear to defend, the Justices shall proceed to 
the inquiry, in the same manner, as if he were present ; 
and when the Jury shall appear, the Justices shall lay 
before them, the exhibited complaint, and shall administer 
the following Oath, vizt. 

Foreman's Oath. 

You, as foreman of this Jury, do solemnly swear, that ^^1^^ 
you will, well, and truly try, whether the complaint of to the Jury. 

now laid before you, be true, according to your 
evidence, — So help you God. 

The Other Jurors' Oath. 

The same oath, which your foreman hath taken, on his 
part, you and each of you shall well and truly observe and 
keep, — So help you God. 

And if the Jury shall find the complaint to be true, then 
they shall return their verdict in the form following : 

Form or the Verdict. 

At a Court of Inquiry, held before R. S. and N. O. £2™./"^ 
Esqrs. two of the Justices of the Peace within and for the 
said County of Quorum Unus, at D, in the said 

County of upon the day of in the Year 

of our Lord , the Jury upon their Oaths do find, 

that is a nuisance, and that the same, on or before 

the day of at with force and arms, 

unjustly and unlawfully was erected, or caused to exist, 
by of and that the said with like force 

and arms unjustly and unlawfully still continues and keeps 
up the same nuisance : Wherefore the Jury find upon their 
Oaths aforesaid, that the said Nuisance ought to be abated 
and removed without delay. 

And if, by accident or challenge, there shall happen not f h h e e j,f r t0 $ 11 
to be a full jury, the Sheriff shall fill the pannel, de talibus deficient in 
circumstantibus, as in other causes: — And if the Jury, 
after a full hearing of the cause, shall find the complaint 



282 



Acts, 1801. — Chapter 16. 



In cane of 
acquittal de- 
fendant to have 

costs. 



laid before them supported by evidence, they shall all 
sign their verdict in form aforesaid, otherwise the De- 
fendant shall be allowed his legal costs, and have his Exe- 
cution therefor under the hands and seals of said Justices. 
Sec. 3d. And be it further enacted, That if the Jury 
shall return their verdict, signed by the whole Pannel, 
that the complaint is supported, the Justices shall enter 
up Judgment for the complainant to have the nuisance 
abated and removed, and shall award their writ accord- 
ingly, in form following : 



Form of the Writ of Removal. 



Form of writ 
for the removal 
of a Nuisance. 



H- 



Commonwealth of Massachusetts. 



-SS 



To the Sheriff of our County of or to either of 

his deputies, Greeting : 

Whereas at a Court of Inquiry for abatement and re- 
moval of a nuisance, held at D, in our County of 
upon the day of in the Year of our 

Lord before Esquires, two Justices 

of the Peace for our said County of Quorum 

Unus, the Jurors impanneled and sworn by our said Jus- 
tices, did return their verdict in writting, signed by each 
of them, that the aforesaid described as follows 

(as in the verdict) is a nuisance, and that the same on or 
before the day of at with 

force and arms and unjustly, and unlawfully was erected 
and caused to exist by of and that 

the said with like force and arms unjustly, and 

unlawfully still continues and keeps up the same nuisance ; 
whereupon, it was considered by our said Justices that the 
said nuisance be abated and removed : We, therefore, com- 
mand you that, taking with you the force of the County, 
if necessary, you cause the said nuisance forthwith to be 
abated and removed ; aud also that you levy of the goods, 
chattels, or lands of the the sum of 

being costs taxed against him in the trial aforesaid, to- 
gether with being the sum estimated by the said 
Justices as necessary costs which will arise in the abate- 
ment and removal of said nuisance, together with thirty 
three cents more for this writ, and also your own lawfull 
fees ; and for want of such goods, chattels, or lands of 
the said by you to be found, you are to take the 



Acts, 1801. — Chapter 16. 283 

body of the said and him commit to our Goal in 

L, in our said County of H there to remain until] he 

shall pay the sums aforesaid, together with all fees on the 
service of this writ, or until 1 he is delivered by order of 
law ; and make return of this writ with your doings 
thereon, within thirty days next coming: 

Witness our said Justices at I) aforesaid the 
day of in the Year of our Lord 

R. S. } 
N. O. 5 

Provided nevertheless, That the party complained against, ^{J,^ 6 * 1 
as aforesaid, may, in person or by attorney, appear before 
the said Justices, and may there give in evidence, on the 
trial aforesaid, under the general issue, any special matter 
or thing of which he could avail himself under any special 
plea in the regular courts of Law ; Provided also, That 
when judgment shall be entered up against him upon the 
verdict of the Jury aforesaid, he may there appeal from 
the Judgment of the said Justices to the next Supreme 
Judicial Court to be holden in the same County, which 
appeal, when so entered, shall stop all further proceed- 
ings of the said two Justices, and no writ on said Judg- 
ment, for abatement and removal, shall issue, except as 
herein after directed : And it shall be the duty of the per- 
son appealing, as aforesaid, from the Judgment of the 
said Justices, to procure attested copies of all the papers 
in said complaint, under the hands of the said Justices, and 
to enter his appeal at the next Supreme Judicial Court ; 
and if he shall fail of so doing, the Judgment of the said 
two Justices shall be in full force against him, and they 
are hereby authorized and empowered, in such case, to 
issue their writ for abatement & removal in the same 
manner as if no appeal had been entered. 

Sec. 4. And be it further enacted by the authority 
aforesaid, That the said Supreme Judicial Court be, and ^0^,°/ 
they hereby are authorized to take cognizance of said an appeal 
complaint, and judgment, and to try, by the Jurors re- 
turned to serve in their said Court, on the Jury of trials, 
the truth of the facts alledged in said complaint, under 
the issue aforesaid, and if the said Jury shall find by their 
verdict, the facts alledged in said complaint to be true, 
the said Court are further authorized to cause, and order 
the said nuisance to be abated and removed, and to award 



re on 



284 



Acts, 1801. — Chapter 17. 



Costs & Fees. 



against the party complained of, such sums as may be 
necessary to defray the expence of removing said nui- 
sance : — But if the Jury aforesaid shall find that the 
facts alledged in said complaint are not supported, the 
party complained of, shall recover against the complain- 
ant his legal costs ; and Execution shall issue accordingly. 

Sec. 5. And be it further enacted by the authority 
aforesaid, That the same costs shall be allowed by the 
said two Justices, aad the Supreme Judicial Court, to 
parties and witnesses, as are allowed in the regular 
Courts of law, and that the said two Justices, Quorum 
Unus, shall have the same fees, and be allowed the same 
sums for the trial aforesaid, as are allowed to Justices in 
the process of forcible entry and detainer. 

Sec. 6th. And be it further enacted by the authority 

Private actions aforesaid, That the proceedings under this act shall not 

bar any party from having and maintaining their private 

actions for any injury which they may have sustained by 

reason of the premisses. Approved June 19, 1801. 



1801 . — Chapter 17. 

[May Session, ch. 17.] 

AN ACT REPEALING PART OF AN ACT, ENTITLED, "AN ACT 
FOR REGULATING THE ALEWIVE FISHERY IN THE GULF 
STREAM, SO CALLED, WHICH RUNS BETWEEN THE TOWNS 
OF SCITUATE IN THE COUNTY OF PLYMOUTH, AND COHAS- 
SETT IN THE COUNTY OF NORFOLK," PASSED THE FOURTH 
DAY OF MARCH IN THE YEAR OF OUR LORD, EIGHTEEN 
HUNDRED. 

Whereas the beneficial effects, contemplated by the act 
aforesaid, have not been produced thereby : 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, That the aforesaid act, so far as it provides, that 
the Selectmen of the towns of Scituate and Cohassett, 
shall be Fish- Wardens, and so far as it respects, the open- 
ing Sluice-ways, through the Mill dams, that now are, or 
that hereafter may be erected, above the mill dam, erected 
by Elisha Doane and others, be, and hereby is repealed. 

Approved June 19, 1801. 



Acts, 1801. — Chapter 18. 285 

1801. — Chapter 18. 

[May Session, ch. 18.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO 
REGULATE THE INSPECTION OF BEEF INTENDED TO BE 
EXPORTED FROM THIS COMMONWEALTH." 

Section 1st. Be it enacted by the Senate <£ House of 
Representatives, in General Court assembled, and by the 
authority of the same, That from & after the passing of Package of 

** *F * I. O D66I ID tlGTCGS 

this Act, it shall be allowable to pack & repack beef in authorized, 
tierces or casks of three hundred weight, under the direc- 
tion of the Inspector General, or one of his Deputies, ap- 
pointed by virtue of the act, to which this is an addition, 
who shall inspect & brand the same, according to the 
different denominations mentioned in the act aforesaid ; 
& make return of the number of such casks in the same 
manner as is provided in said Act for barrels & half bar- 
rels. And it shall be the duty of the Inspector General Deputies. 
to appoint a sufficient number of Deputies in the several 
Counties in the Commonwealth to accommodate the citi- 
zens without any unreasonable delay : And it shall also 
be the duty of said Inspector & his Deputies to attend, 
as soon as may be, within twenty-four hours after request 
made, at any suitable place within the County where he 
resides, for the purpose of inspecting any quantity of beef 
exceeding thirty barrels. And it shall be their duty to see 
the same weighed, packed and salted. 

Sect. 2d. Be it further enacted, That two ounces of saltpetre to be 

•/ 7 U8GC1. 

salt petre be added to each barrel of mess beef intended 
for exportation in addition to the quantity required by the 
Act aforesaid, & that not more than two shanks be put in 
any barrel of cargo beef, number two. 

Sect. 3d. Be it further enacted, That if the Inspector- inspectors to 

r^ 1 r- 1 /» pi ' i i_' i • • e -l" make seizures. 

General of beet, or any of his deputies, having information, 
or knowledge of any quantity of beef being laden in any 
port or place within this Commonwealth for exportation, 
in respect to which there shall not be a conformity to this 
Act, or the act aforesaid to which this is in addition, it 
shall & may be lawful for the said Inspector-General, or 
his deputy, to make seizure thereof forthwith, & to file 
a libel or information thereupon, in any court proper to 
try the [the] same : And upon trial of such beef so seized 
as aforesaid, in case a breach of this Act, or the Act afore- 



286 



Acts, 1801. — Chapter 18. 



Bonds to be 
required. 



The act to 
extend to beef 
transported 
coastwise. 



Fees 



said, shall be proved, shall be liable to condemnation & 
forfeiture ; one moiety to the use of the Commonwealth, 
& the other moiety to the use of the officer seizing & 
prosecuting for the same. 

Sect. 4th. Be it further enacted, That every deputy 
inspector appointed, or to be appointed, under the act 
aforesaid, shall give bond to the inspector General with 
surety to his satisfaction, in a sum not exceeding one 
thousand, nor less than three hundred dollars, conditioned 
for the faithful performance of their duty according to the 
provisions in the act aforesaid. And the inspector gen- 
eral may & he is hereby authorized to administer the sev- 
eral oaths required by this act, & by the act aforesaid, to 
which this is in addition. 

Sect. 5th. Be it further enacted, That all the provi- 
sions, penalties, regulations & requirements contained 
in the Act aforesaid, & in this act, shall be construed to 
extend, & shall extend to all beef transported, or intended 
to be transported coastwise, from any port or place in this 
Commonwealth to any of the United States, or shipped on 
board of any vessel for any purpose whatever. 

Sectn. 6. Be it further enacted, That the Inspector 
General, or his deputy, shall be paid for every tierce or 
barrel, which shall be inspected & branded as required by 
law, the sum of eleven cents & an half; & for every half 
barrel of beef, which shall be inspected & branded as 
aforesaid, the sum of seven cents, including the sums 
already allowed by law for inspecting & branding the 
same. And the Inspector General shall be allowed & 
paid by his respective Deputies three cents for every 
tierce or barrel & two cents for every half barrel of beef 
which shall be by them inspected & branded, including 
the sum already allowed by law to be paid the Inspector 
General by his respective Deputies. And it shall be the 
duty of the Inspector General or his respective Depu- 
ties, to brand each tierce, barrel or half barrel of beef 
by them inspected for exportation with the words For 
Bounty. 
Fees for signing Sect. 7. And be it further enacted, that for every cer- 

certificates. . . •* . ^ , 

tificate signed by the Inspector, or either of his Deputies, 
they shall be entitled to recieve, for a quantity not exceed- 
ing one hundred tierces, barrels or half-barrels, twenty- 
five cents ; for every certificate, including more than one 
hundred & less than two hundred, fifty cents ; & for every 



Acts, 1801. — Chapter 19. 287 

certificate including more than two hundred tierces, bar- 
rels or half-barrels, one hundred cents, including the sums 
already allowed by law for such certificates. 

Approved June 19, 1801. 

1801. — Chapter 19. 

[May Session, ch. 19.] 

AN ACT TO ESTABLISH THE TWELFTH MASSACHUSETTS TURN- 
PIKE CORPORATION. 

Sect. 1. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, and by the 
authority of the same, That Joseph Goodrich, Elisha Lee, Persons 
Asahel P. Bennett, Uzziel Clark, John W. Hurlbut, incor P° rated - 
Jeremiah Hickcock, William Buel, Josiah Kellogg, Horace 
Bush, Seneca Tuller, Francis Heare, Orson Trowbridge, 
Obadiah Bush, Elisha Cowles, Jeremiah Hikok, Daniel 
Bush, Isaac Vosburg, Elisha Ensign, Elisha Smith, Michael 
Halcomb, Stephen Dewey, and Azariah Root, and all such 
persons as shall associate with them, and their successors, 
shall be a Corporation by the name of The Twelfth Mas- 
sachusetts Turnpike Corporation, with all the powers and 
privileges incident to Corporations, for the purpose of 
laying out, & making a Turnpike road from the termi- 
nation of the turnpike road, leading from Hartford near Route of the 
the House of Capt. Uzziel Clark, in Sheffield, from thence Turn P ike - 
Northwestwardly, on the Westward side of Allum-hill, in 
the most convenient rout to Asahel P. Bennett's dwelling 
House, thence Northwardly in the most convenient line, 
to the said Bennett's lower bridge place, so called ; from 
thence in a direct line to the County road, near and in 
front of Capt. Michael Holcomb's dwelling house ; from 
thence in the most convenient line, having reference to 
the said County Road, as it is now travelled, near to the 
guide post by the Barrington river road, so called ; thence 
in the most convenient, and direct line to the dwelling- 
house of Ephraim Kellogg ; thence in the most convenient 
& direct rout to the dwelling-house of Seneca Tullar, 
Esqr. from thence in the most convenient and direct rout, 
to the flat ground, in front of George Messenger's dwell- 
ing-house ; and from thence in the most convenient rout, 
to the East end of the aforesaid Hudson Turnpike Road ; 
And for keeping the same in repair, which road shall not 
be less than four rods Wide, and the path to be travelled 



288 



Acts, 1801. — Chapter 19. 



Where gates 
may be erected. 



Toll. 



Proviso. 



Lands may be 
purchased, &c. 



on, not less than eighteen feet wide, in any place ; and 
that when said turnpike road shall be sufficiently made, 
and shall be so allowed and approved by the Justices of 
the Court of Common Pleas, for the County of Berkshire, 
at any term thereof, then the said Corporation shall be 
authorized to erect one Gate on the same, in such conven- 



ient place, near the house 



of George 



Messenger, as the 



Justices of the Court of Common Pleas, in said County 
of Berkshire, shall determine, and also one other Gate, 
at or near the Bridge to be erected across the Housaton- 
uck river, at Asahel P. Bennett's lower bridge place ; and 
shall be entitled to receive for each traveller and passen- 
ger, at each of said Gates, the following rates of toll, 
vizt. For every Coach, Chariot, Phaeton, or other four 
wheel Carriage, drawn by two horses, fourteen Cents, 
and if drawn by more than two horses an additional sum 
of three cents for each horse ; for every Cart, Waggon, 
sled, or sleigh, drawn by two oxen or horses six cents, 
and if drawn by more than two, an additional sum of two 
cents, for every such ox or horse ; for every curricle nine 
Cents ; for every chaise, chair, or other carriage drawn 
by one horse, eight cents ; for every man & horse three 
cents; for all horses, oxen, or neat cattle, led or driven, 
besides those in teams or carriages three cents each ; for 
all Sheep or swine two cents per dozen, and in that pro- 
portion for a greater or less number. Provided, that no 
toll shall be taken of any person passing said road on 
Military duty, to or from public worship, to or from mill, 
or about his common and ordinary business within the 
town wherein he resides. 

Sect. 2. Be it farther enacted, That the said Corpo- 
ration may purchase and hold any lands, over which they 
make the said road, and the Justices of the Court of the 
General Sessions of the Peace in said County are hereby 
authorized, on application from the said Corporation, to 
lay out such road, 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 in said County, saving 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. 



Acts, 1801. — Chapter 19. 289 

Sect. 3. Be it further enacted, That if said Corpora- Penalty for 
tion, their toll gatherers, or others in their employ shall passengers. 
unreasonably delay or hinder, any traveller or passenger, 
at either of the said Gates, or shall demand or receive 
more toll, than is by this Act established, the Corpora- 
tion shall forfeit and pay a Sum, not exceeding ten dol- 
lars nor less than one dollar, to be recovered before any 
Justice of the Peace, of the County where the Offence 
shall be committed, by any person injured, delayed, or 
defrauded in a Special Action on the Case, the writ in 
which shall be served, on the said Corporation, by leaving 
a Copy of the same, with their Treasurer or with some 
individual member of the Corporation, living within the 
County, wherein 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 Road to be 

im f i • i r^ i • •■•■•ii k e P l in repair. 

the lreasurer ot the said Corporation, or individual mem- 
ber, who shall be allowed to defend the same suit, in 
behalf of the Corporation, and the Corporation shall be 
liable to pay all damages which shall happen to any person 
from whom toll is by this Act demandable, for any dam- 
ages which shall arise from defect of Bridges, or want of 
repairs within the same way, and shall also be liable to a 
fine on presentment of the grand Jury, for not keeping 
the same, or the bridges thereon, in good repair. And if in case the road 

' O ' o Jr is not kept in 

the said road, or any part thereof, shall be suffered to be repair, 
out of Repair, the Justices of the Court of Common pleas, 
or a major part thereof, or a Committee to be by them 
appointed for that purpose, may, after notice in writing 
served on the Clerk or Treasurer, or any other principal 
member of said Corporation, seven days before the time 
of hearing, order the said Gates or either of them to be 
set open ; and, immediately upon the service of such 
Order, under the hands of said Justices or Committee, on 
the Clerk of said Corporation, the said Gate or Gates 
shall be opened and kept open, and no toll demanded or 
taken thereat, untill the Justices of said Court or said 
Committee, shall grant an Order for putting up said Gate 
or Gates & receiving the toll thereat. 

Sect. 4. Be it further enacted, That if any person Penalty for 
shall cut, break down, or destroy any of the said turn- g atM, n le. * 
pike Gates, or shall forcibly pass, or attempt forcibly to 
pass the same, without having first paid the legal toll at 
such Gate, such person shall forfeit and pay a fine not 
exceeding Fifty Dollars, nor less than two dollars, to be 



290 



Acts, 1801. — Chapter 19. 



Transferring 
shares. 



First meeting. 



Statement of 
income to be 
exhibited. 



recovered by the Treasurer of said Corporation, to their 
use in an Action of trespass ; and if any person shall, 
with his Cattle, team, carriage, or horse, turn out of the 
said road to pass the said turnpike Gate, on ground adja- 
cent 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 trespass 
on the Case. Provided, that nothing in this Act shall 
extend to entitle the said Corporation to demand toll of 
any person, who shall be passing Avith his horse, Carriage, 
team, or Cattle on his Common and Ordinary business 
within the same Town ; or to or from any place of public 
Worship, or to or from any mill, or on military duty. 

Sect. 5. Be it further enacted, That the shares in the 
same turnpike road, shall be taken, deemed, and consid- 
ered to be personal estate, to all intents and purposes, 
and shall and may be transferable ; and the mode of trans- 
fering said Shares shall be by deed, acknowledged 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 of said shares shall be attached on mesne 
process, or taken on Execution without such previous 
attachment, an attested copy of such writ of attachment 
or Execution, shall be left with the Clerk of said Corpo- 
ration, otherwise such attachment, or taking in execution 
shall be void. And such shares may be sold on execu- 
tion, 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 Execution, and the Officers return on the same, with 
the Clerk of the said Corporation, within ten days after 
such sale, and paying for the recording of the same. 

Sect. 6. Be it further enacted, That a meeting of the 
said Corporation, shall be held at the House of William Fel- 
lows, Innholder, in Sheffield, in the County of Berkshire, 
on the second Tuesday of July next, for the purpose of 
choosing a Clerk, & such other Officers, as may then & 
there be agreed upon, by the said Corporation, for regu- 
lating the concerns thereof, and that the said Corporation 
may then & there agree upon such method of calling 
meetings in future, as they may judge proper. 

Sect. 7. Be it further enacted, That the said Corpora- 
tion shall, within six months after the said road is com- 



Acts, 1801. — Chapter 19. 291 

pleated, lodge in the Secretary's Office, an Account of the 
Expences thereof; and that the said Corporation shall 
annually, exhibit to the Governor and Council, a true 
Account of the income or dividend arising from the said 
toll, with their necessary annual disbursments, on said 
road, and 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. Be it further enacted, That whenever any shares of deiin. 

. 1.11 li. c x ± quents may be 

proprietor, shall neglect or retuse, to pay any tax or eo id. 
assessment, duly voted and agreed upon by the Corpora- 
tion, 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 more 
as shall be sufficient to defray said taxes, and necessary 
incidental Charges, after duly notifying in some news- 
paper printed in the County of Berkshire, the sum due on 
any such shares, and the time and place of sale, at least 
twenty days previous to the time of sale, and such sale 
shall be a sufficient transfer of the share or shares so sold, 
to the person purchasing, and on producing a Certificate 
of such sale from the Treasurer, to the Clerk of the said 
Corporation, the name of such purchaser, with the number 
of shares so sold, shall be by the Clerk, entered on the 
book 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 person whose shares 
were thus sold. 

Sect. 9. Be it further enacted, That the said Corpo- Rates of Ton to 

DC t'X h 1 oittJCl . 

ration, shall at all places, where the said toll shall be col- 
lected, erect, and keep constantly exposed to view, a sign 
or board, with the rates of toll, of all the tollable Articles, 
fairly and legibly written in large or Capital characters. 

Sect. 10. And be it further enacted That the General 
Court may dissolve said Corporation, whenever it shall 
appear to their satisfaction, that the income arising from 
the said toll shall have fully compensated the said Corpo- 
ration, for all monies they may have expended in purchas- 
ing, repairing, & taking care of the said roads, together 
with an Interest thereon, at the rate of twelve per centum, 
by the year, and thereupon, the property of the said road 
shall be vested in this Commonwealth, and be at their 



292 



Acts, 1801. — Chapter 20. 



disposal : Provided, that if the said Corporation shall 
neglect to compleat the said turnpike road for the space 
of three years from the passing of this Act, the same shall 
become void and of no effect. Approved June 19, 1801. 



Gun Powder to 
be put into the 
Magazine. 



Proviso in 
favor of 

retailers. 



Fees of the 
Keeper of the 
Powder House. 



1801. — Chapter SO. 

[May Session, ch. 20.] 

AN ACT TO PROVIDE FOR THE STORING & SAFE KEEPING OF 
GUN POWDER IN THE TOWN OF BOSTON, & TO PREVENT 
DAMAGE FROM THE SAME. 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives, in General Court Assembled, & by the 
Authority of the same, That all Gun Powder imported & 
landed at the Port of Boston, shall be brought to & lodged 
in the Powder House or Magazine in said Town, & not 
elsewhere, on pain of confiscation of all Powder put or 
kept in any other House or place ; — one Moiety thereof 
to and for the use & supply of the Public Store of the 
State, & the other Moiety to the informer; Provided 
nevertheless, That it shall & may be lawful for any person 
to keep in his House, or Shop for Sale, by retail, the 
quantity of Twenty-five pounds of Gun Powder at one 
time, which quantity shall be kept in brass, copper or tin 
Tunnels, & no otherwise, under the penalty of forfeiting 
all such Gun Powder — one Moiety to the use of the Fire- 
wards of the town of Boston, & the other Moiety to the 
use of him or them who shall inform of the same. 

Sect. 2d. And be it further enacted by the Authority 
aforesaid, That for all Powder belonging to Merchants or 
other private persons, put into the said Magazine, there 
shall be paid to the use of the Commonwealth twenty cents 
per barrel, containing one hundred Pounds weight, at the 
receipt thereof, and ten cents per barrel of like weight, 
per month, after the first month, during all the time which 
it shall be stored or kept therein, & twenty five cents upon 
each delivery of any quantity thereof; out of which (if 
there be sufficient to answer it) , — the charge of looking 
after the said House & the Powder lodged there shall be 
defrayed — And the Governor, with the advice & consent 
of the Council, is hereby authorized to appoint a Keeper 
of the said Magazine, & to give necessary instructions & 
orders from time to time, as they shall think fit, for regu- 
lating the keeping, turning & managing of all Powder put 



Acts, 1801. — Chapter 20. 293 

into the said Magazine for the preserving thereof. And 
the said Keeper shall give bond to the Treasurer' of the 
Commonwealth, for the use thereof, in such sum & with 
such surety as to the Governor & Council shall appear 
proper, for the faithful discharge of the duties of his office. 
And the Keeper of said House shall duly attend at proper 
hours, to be assigned by the Governor & Council, for the 
receiving & delivering out of Merchants' Powder. And 
if, at any time, the payment for Merchants' Powder (an 
account whereof shall be rendered on oath) will not defray 
the expence of looking after the said House, so much as 
is wanting shall be paid out of the Publick Treasury. 

Sect. 3d. And be it further enacted, That no Gun Powder not 
Powder shall be kept on board any Ship or other vessel board vessels 
lying to, or grounded at any Wharf within the Port of whales. ™' 
Boston ; and if any Gun Powder shall be found on board 
such Ship or Vessel, lying at any Wharf or aground, 
such powder shall be liable to confiscation, & under the 
same penalty as if it were found lying in any House or 
Ware-house. 

Sect. 4th. And be it further enacted. That any person Fine forme- 

2&1IV KGftPlDi? 

within the town of Boston, that shall presume to keep in powder in any 
his house, warehouse, or other building, any powder, 0U8e ' 
above what is by Law allowed, shall forfeit & pay, for 
every half barrel, the sum of Twenty Dollars, & so in 
proportion for any greater quantity over & above the 
forfeiture & confiscation of the said Powder — one moiety 
thereof to the use of the Town, — the other moiety to him 
or them who shall inform of the same. 

Sect. 5. And be it further enacted by the authority 
aforesaid, That it shall be the duty of the Firewards of E^JK?" 
the town of Boston, to prosecute for all breaches of this 
Act in any Court proper to try the same ; & that a Law, 
made in the year one thousand seven hundred & six, for 
erecting a Powder house in the town of Boston, & one 
act made in the year one thousand seven hundred & 
fifteen ; — one act in the year one thousand seven hun- 
dred & nineteen, & one act made in the year one thou- 
sand seven hundred & eighty in addition to the same, 
be, & hereby are repealed. Approved June 19, 1801, 



294 



Acts, 1801. — Chapters 21, 22. 



Preamble. 



Names of 
persons incor- 
porated. 



1801. — Chapter 21. 

[May Session, ch. 21.] 

AN ACT TO CHANGE THE NAMES OF JOSEPH SPRAGUE STEARNS, 
JOHN PARKER AND JEDEDIAH BAKER THE THIRD. 

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 
Joseph Sprague Stearns, of Salem, in the County of Essex, 
son of William Stearns, shall be allowed to take the name 
of Joseph Sprague ; that John Parker, of Boston, in the 
County of Suffolk, son of Isaac Parker, shall be allowed 
to take the name of John Williams Parker ; that Jede- 
diah Baker the third, of Yarmouth, in the County of 
Barnstable, shall be allowed to take the name of Wash- 
ington Baker; and said persons shall, in future, be re- 
spectively known, and called by the names, which they 
are respectively allowed to take as aforesaid, and the same 
shall be considered as their only proper names, to all in- 
tents and purposes. Approved June 19, 1801. 

1801. — Chapter 22. 

[May Session, ch. 22.] 

AN ACT TO INCORPORATE EZRA MARVIN & OTHERS, BY THE 
NAME OF THE ELEVENTH MASSACHUSETTS TURNPIKE COR- 
PORATION. 

WJtereas the highway leading from the south line of 
Massachusetts through the east parish of the town of Gran- 
ville, and through the towns of Blandford and Becket, 
untill it comes to the turnpike road laid out by the Eighth 
Massachusetts Turnpike Corporation north of the Meeting 
House in said Becket, is rocky & mountainous, <& the ex- 
pense of straightening making and repairing the same 
through the said towns so that the same may be a good 
carriage road, is greater than reasonably ought to be re- 
quired of said towns. 

Sec 1. Be it therefore enacted by the Senate and 
House of Representatives in General Court assembled and 
by the authority of the same, That Ezra Marvin, Elihu 
Stow, Enoch Bancroft, William Cooley, William Cooley 
junr., Clark Cooley, David Jones, Samuel Bancroft, Jesse 
Munson, Amos Root, Lee Tinker, Jesse Spelman, Thomas 
Gillit, Azariah Bancroft, Zadock Cooley, Roswell Rowley, 



Acts, 1801. — Chapter 22. 295 

Abner Warner, Nathan Bates, Oliver Dickinson, Israel 
Parsons, Timothy Spehnan, Martin Moses, Charles Spel- 
man, Asa Seymour, Eli Gibbons, James Coe, Oliver Coe, 
Samuel Trail, Bethuel Jones, Joel Root, Jonathan Bar- 
low, Daniel Cooley, James Barlow, Richard Dickenson, 
Aaron Bigelow, Nathan Knox, John Crocker Jun., Levi 
Boies, Asa Merit, Elihu Noble, Alexander Morrison, 
William Thompson, Reuben Blair, David Adkins, Perry 
Button, Benedict Bowditch, Solomon Noble, Russell 
Atwater, Reuben Atwater, Nathaniel W. Little, Judah 
Bement, Phineas Ashman, Abner Pease, Samuel Sloper, 
John Upson, Martin Cannon, David Boies 2d, James 
Freeland, John Hamilton, Alexander Asburn, Joseph W. 
Brewster, David McConoughey, David McConoughey jr. 
Samuel Cannon, Samuel Boies 2d, William Ferguson, 
Robert Cannon, Solomon Stewart junr., William Boies 
junr., Andrew Wilson, Samuel Knox, Zadock Brown, 
Isaac Gibbs, Job Almy, William Stewart, Ephraim 
Gibbs, Asa Blair, David Boies, David Blair, Samuel 
Boies 3d, Abner Gibbs, Reuben Boies, Samuel C. Gibbs, 
James Anderson, Jesse Bruce, James Baird, Aaron Baird, 
Benjamin Taggard, Timothy Blair, Joseph Frary, Joseph 
Frar}' junr., Ephraim Perkins, Abel Dewey, Jabez Wads- 
worth, Seth Wadsworth, Bille Messenger, Oliver Brew- 
ster, Barnabas Adams, James Rudd, Josiah Dwight, 
David Lyman, David Munroe, John Frary, Eleazer 
Frary, Edmund Barlow Jun., and all such other persons 
as shall be associated with them, and their heirs and suc- 
cessors be, and they hereby are constituted a Corporation, 
by the name of The Eleventh Massachusetts Turnpike corporate 
Corporation, with all the priviledges and powers incident natne ' 
to Corporations, for the purpose of laying out & making 
a turnpike road, to begin at the south line of Massachu- Co ", rse -° d f ^ h l 
setts, at or near the ending of a turnpike road lately es- 
tablished by the Legislature of the State of Connecticut, 
from the city of Hartford to said south line of Massachu- 
setts, thence into and through the east parish of Gran- 
ville to Blandford Meeting house, and from thence through 
the town street in Blandford by the usual Pittstield road, 
so called, & into the town of Becket by the same road, 
until 1 it connects with the road of the Eighth Turnpike 
Corporation, with such variations only from the said Pitts- 
tield road, as the nature of the ground and the avoidance 
of hills difficult and dangerous of passage, shall require ; 



296 



Acts, 1801. — Chapter 22. 



Rate of Toll. 



An additional 
gate allowed. 



Commutation 
of Toll. 



and making the same in such place or places as the said 
Corporation shall choose, & for keeping the same in re- 
pair ; 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 when the said turnpike road is 
completed from the said south line of Massachusetts to the 
Meeting house in Blandford, and approved of by a Com- 
mittee appointed by the Court of General Sessions of the 
Peace for the County of Hampshire for that purpose, then 
the said Corporation shall be authorized to erect a Gate 
in such place on the road so made and completed, as the 
said Committee shall judge most convenient for collecting 
the toll, and shall be entitled to receive of each traveller 
or passenger, at the said Gate, the following rate of toll, 
viz. For every Coach, Phaeton, 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 ; & if drawn by 
more than two oxen or horses the additional sum of three 
cents for each ox or horse — For every Curricle twelve 
cents and five milles — For every Chaise, Chair or other 
carriage drawn by one horse, twelve cents & five milles 
— For 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. And when- 
ever the said turnpike road is made and compleated from 
the said Meeting house in Blandford to the turnpike road 
in Becket, 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 one other Gate on the same, in such place as the said 
Committee shall judge necessary and convenient for col- 
lecting the toll, and shall be entitled to receive thereat 
from each traveller or passenger the same rate of toll as 
at the first mentioned Gate. Provided that if the said 
Corporation shall neglect to finish and complete the whole 
of the said road within the time herein after prescribed by 



Acts, 1801. — Chapter 22. 297 

this act, then the said first mentioned Gate shall be re- 
moved. Provided also that the said Corporation may, if 
they see fit, commute the rate of toll with any person, or 
with the inhabitants of any town through which the said 
road passes, by taking of him or them a certain sum an- 
nually, to be mutually agreed upon in lieu of the toll 
aforesaid. 

Sec. 2. And be it further enacted, That the said Cor- Corporation 
poration may purchase & hold land over which they may and bold land, 
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 Corpora- 
tion, to lay out said road or any part thereof within their 
respective Jurisdictions, as with the consent of said Cor- 
poration they shall think proper : And the said Corpora- 
tion shall be liable to pay all damages that shall arise to 
any person by taking his land for such road, when the 
same cannot be obtained by voluntary agreement, to be 
estimated by a Committee of the Court of General Ses- 
sions 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 re- 
covery of damages arising from the laying out of high- 
ways. 

Sec. 3. And be it further enacted, That if the said Cor- Penalty for 
poration, their Tollgatherers, or others in their employ, pa^englrs. 
shall unreasonably delay or hinder any traveller or pas- 
senger at either of 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 case 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 said Corporation. 
And the said Corporation shall be liable to pay all dam- corporation 
ages that shall happen to any person from whom the toll BgeB?if toe*road 
is demandable, from defect of Bridges, or want of repairs ItpaiV. ke| ' t in 
in said road ; and shall also be liable to presentment by 
the Grand Jury for not keeping the same in repair. And 



298 



Acts, 1801. — Chapter 22. 



Penalty for 
injuring the 
road. 



Penalty for 
attempting to 
evade the Toll. 



Proviso. 



Bhares deemed 
personal estate 
may be trans- 
ferred, &c. 



if the said road or any part thereof shall be suffered to be 
out of repair, the Justices of the Court of Common Pleas, 
within and for the County wherein the same may be, or a 
major part of them, or a Committee to be appointed for 
that purpose by said Justices, are hereby authorized to 
order said Gates or either of them to be set open, said 
Justices or their Committee having previously notified the 
Clerk of said Corporation of complaint having been made 
of the badness of the road, at least ten days previously to 
the ordering them to be set open ; and immediately upon 
the leaving such order in writing under the hands of said 
Justices, or their Committee, with the Clerk of the Cor- 
poration, the said Gate or Gates shall be opened, and no 
toll shall be legally demandable or taken thereat untill the 
said Justices, or their Committee shall grant a counter 
order. 

Sec. 4th. And be it further enacted, That if any per- 
son shall cut, break down, or otherwise destroy or injure 
either of the 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 either of said Gates, 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 either of the 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 as much 
as the legal toll would have been, to be recovered by the 
Treasurer of the Corporation to the use of the same, in an 
action of trespass on the case : Provided that nothing in 
this act shall extend to entitle the said Corporation to 
demand and receive toll from any person or persons who 
shall be passing with his horse or carriage to or from pub- 
lic worship, or with his horse team or cattle, to or from 
his common labour on his farm, or to or from any Grist 
mill, or on the common & ordinary business of family 
concerns within the same town, or from any person or 
persons passing on military duty. 

Sec. 5th. And be it further enacted, That the shares 
in the said turnpike road shall be taken deemed and con- 
sidered to be personal estate to all intents and purposes, 



Acts, 1801. — Chapter 22. 299 

and shall and may be transferable ; and the mode of trans- 
fering said shares 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 shall be attached on mesne process or 
taken on execution without such previous attachment, an 
attested copy of such writ of attachment or execution, 
shall be left with the Clerk of the Corporation, otherwise 
the attachment, or taking in execution 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 Judgment Creditor leaving a copy of the execution 
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. 

Sec. 6. And be it further enacted, That the said Cor- Authorized to 

.... ^ , , . grant monies. 

poration 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 otherwise, previous 
to the act of incorporation. 

Sec. 7. And be it further enacted, That a meeting of SdlhSbuiilfeM 
said Corporation shall be held at the house of Solomon to be transacted. 
Noble, innholder in said Blandford, on Monday the thir- 
teenth day of July next at ten o Clock in the forenoon, 
for the purpose of choosing a Clerk, who shall be sworn 
to the faithfull discharge of the duties of said office ; & 
such other Officers as may then and there be agreed on by 
said Corporation. And said Corporation may then and 
there make and establish such rules and regulations as 
they shall judge necessary, provided the same are not re- 
pugnant 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. 

Sec. 8. And be it further enacted, That the said Cor- An account of 
poration shall within six months after the said road is com- expenses to be 
pleted, lodge in the Secretary's Office an account of the exhibited - 
expences thereof; and shall also annually exhibit to the 
Governor and Council a true account of the income or 
dividend arising from said toll, with their necessary annual 
disbursements on said road. 



300 



Acts, 1801. — Chapter 22. 



Penalty for 
drawing logs, 
&c, over the 
road. 



Shares of 
delinquents 
may be sold. 



Sign-board to 
be erected. 



Power of 
dissolving the 
corporation 
reserved. 



Sec. 9th. And be it further enacted, That if any person 
shall draw any log tree or stick of timber on or over said 
turnpike road, except in the months of January and Feb- 
ruary, unless said 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 on or over said road, to be recovered 
by action of debt. 

Sec. 10. And be it further enacted. That when any 
proprietor shall neglect or refuse to pay any tax or assess- 
ment 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 Corporation is 
hereby authorized 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 the necessary inci- 
dental charges, after duly notifying, in the News papers 
printed at Springfield and Stockbridge, the sum due on 
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 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, and such person shall be 
considered, to all intents, the proprietor thereof; and the 
overplus, if any there be, paid on demand by the Treas- 
urer, to the person whose share was thus sold. 

Sec. 11. And be it further enacted , That the said Cor- 
poration shall, at the places where the said toll is collected, 
erect, and keep constantly exposed to view, a sign or board, 
with the rates of toll, and all the tollable articles, fairly 
and legibly written or printed thereon in large or capital 
characters. 

Sec. 12. And be it further enacted, That 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 Corpora- 
tion for all monies they may have expended in exploring, 
purchasing, taking care of* and repairing the said road, 
together with an interest thereon of twelve per centum 
by the year, and thereupon the property of the said road 



Acts, 1801. — Chapter 23. 301 

shall be vested in this Commonwealth, and be at their dis- 
posal. Provided, That if the said Corporation shall neglect 
to complete the said turnpike road for the space of five 
years from the passing of this Act, the same shall become 
void and of no effect. Approved June 19, 1801. 

1801. — Chapter 23. 

[May Session, ch. 23.] 

AN ACT TO INCORPORATE ROBERT LAPISH AND OTHERS INTO 
A COMPANY, FOR BUILDING A BRIDGE OVER KENDUSKEAG- 
STREAM, IN THE TOWN OF BANGOR, IN THE COUNTY OF 
HANCOCK. 

Sec. 1st. Be it enacted by' the Senate and House of 
Representatives, in General Court assembled, and by the 
Authority of the same, That Robert Lapish, and such wnerethe 
others as have, or may hereafter associate with him, and bebuiit. Bt ° 
become proprietors, be, and they are hereby incorporated, 
for the purpose of building a bridge over Kenduskeag- 
Stream, in the town of Bangor, in the County of Hancock, 
beginning on the Northerly side of said stream, at a point 
of Rocks on the place commonly called Budge's-farm, and 
near Budge's mine, so called, and to cross said stream, 
and a'join the Bank on the southerly side just above Mr. 
William Hammond's store, by the name of The Bangor corporate 
Bridge and Mill Company ; and they are hereby vested name ' 
with all the rights, powers, and privileges usually given 
to corporations of a similar nature, and by the same name, 
and style, may sue, and be sued to final Judgment and 
execution, and do, and suffer all matters, and things, which 
bodies politic, and corporate, may or ought to do, and 
suffer, and shall have and use a common seal, which they 
may break, alter, and renew at pleasure. 

Sec. 2. And be it further enacted, That the said pro- Authorized 
prietors be, and they are hereby impowered to purchase estate. rea 
and hold land, or other real estate, which they shall find 
necessary to effect, the general purpose of said Bridge, 
not exceeding the amount of five thousand dollars in value, 
and to hold the same in fee simple ; and that the share or 
shares of any proprietor in said real estate and bridge shall 
be transferable by deed, ac[&]nowledged, and recorded by 
the Clerk of the said proprietors in a Book, or Books to 
be kept for that purpose ; and when any share or shares 
in said bridge and estate shall be attached on Mesne 



302 



Acts, 1801. — Chapter 23. 



How the bridge 
is to be built. 



First meeting, 
how to be 



be transacted. 



j)rocess, as the property of any of the said proprietors, 
an attested copy of such process shall be left with the Clerk 
of said proprietors at the time of such attachment, other- 
wise it shall be void. 

Sec. 3d. And be it further enacted, That the said 
bridge shall be at least twenty-two feet wide, and covered 
on the top with timber, or plank of three Inches, and an 
half thick, and the side be boarded up one foot high, and 
be railed for the security of passengers, three feet and an 
half high, at least, and that the said bridge shall be kept, 
at all times, in good, safe, and passable repair for, and 
during the term of fifty Years. 

Sec. 4. And be it further enacted, That the said Robert 

called, and what Lapish, with any two of his associates, are hereby author- 
business may • i n i /» . n i . . 

ized to call the first meeting of the said proprietors, by 

posting an advertizement in three several places in the 
said town of Bangor, notifying the proprietors to meet 
at such suitable time and place as shall be appointed in 
said notifycation, twenty days, at least, previous to the 
time fixed for said meeting ; and the said proprietors, by 
a vote of the majority of those present, or represented at 
said meeting, accounting one vote to each single share in 
all cases, shall choose a moderator, Treasurer, and Clerk, 
who shall be sworn to the faithfull discharge of his duty 
in said office ; and shall also agree on a method for calling 
future meetings, and at the same, or any subsequent meet- 
ing, may elect such officers, and establish such rules and 
bye-laws, a^ to them shall seem necessary and convenient, 
for the regulation and Government of the said company, 
for carrying into effect the purposes of this act : Provided 
the said rules, and bye-laws shall not be repugnant to the 
laws of this Commonwealth, and may annex penalties to 
the breach of such bye-laws, not exceeding five dollars : 
And this Act, and all rules and bye-laws, votes, and pro- 
ceedings of the said Corporation shall be faithfully and 
truly recorded by the said Clerk, in a book or books, for 
that purpose to be provided and kept. 

Sec. 5. And be it further enacted, That to reimburse 
the said Robert Lapish, and his associates, for the expence 
of building and keeping in good repair the said Bridge 
for fifty years, the said Company shall have, exercise and 
enjoy for fifty years the priviledge and use of so much of 
the tide waters that may flow above the said Bridge, as 
may be necessary for the use of such Mills as may be here- 
after erected by said Proprietors. 



The Company 
allowed the 
uce of certain 
tide-waters. 



Acts, 1801. — Chapter 24. 303 

Sec. G. And be it further enacted, That the highway 
on each side of said Bridge shall be laid out by, and main- 
tained at the expence of said town of Bangor. 

Sec. 7. And be it further enacted, That if the said J^I^JjJ^; 
Proprietors shall neglect, for the space of four years from limited. 
the passing of this Act, to build such Bridges, then this 
act shall be void and of no effect. 

Approved June 19, 1801. 

1801. — Chapter 24. 

[May Session, ch. 24.] 

AN ACT FOR ESTABLISHING TURNPIKE GATES BETWIXT THE 
LINES OF THE STATE OF CONNECTICUT AND THE NORTH 
WEST PART OF LOUDON. 

Whereas the Road leading from the Line of the State Preamble. 
of Connecticut, near Holmes Mills, in Hartland, in the 
County of Hartford, to Loudon in the county of Berk- 
shire, is circuitous rockey, and mountaineous , and there is 
much Travelling over the same, and the expence of straight- 
ning making, and repairing a Road, through the middle 
Parish in Granville, the West part of Blanford, and 
Loudon, so that the same may be safe and convenient, for 
Travellers with Horses and Carriages, tvould be much 
greater, than ought to be required of the proprietors and 
Inhabitants on the said Road, under their present circum- 
stances : 

Sec. 1st. Be it therefore Enacted, by the Senate and 
House of Representatives, in General Court assembled, 
and by the Authority of the same, That, John Phelps, Persons 
Levi Curtiss, Stephen Stow, Nathan Curtiss, Thadeus incor P° rae 
Squires, Rut'us Harvey, Abijah Knapp, Luther Hayes, 
Isaac Snow, Luther Coe, Moses Parsons, Ephraim Coe, 
Charles Curtiss, Linus Curtiss, David Curtiss. Rufus Rose, 
Enoch Johnson, Enoch Coe, Benjamin Boxtord, Linus 
Bates, Ehhu Barnes, Hezekiah Robinson, Joel Parsons, 
Seth Parsons, Bela Scovill, Benjamin Scott, Stephen Pel- 
ton, Moses Cook, John Webster, Comfort Beebee, Anthony 
Pat mentor, Titus Hubbard, Thomas Burnham — and all 
such Persons as shall associate with them and their Suc- 
cessors, shall be a Corporation, by the name of the Thir- corporate 
teenth Massachusetts Turnpike Corporation, with all the name ' 
Priveledges and Powers incident to Corporations ; for the 
purpose of laying out and making a Turnpike Road, from 



304 Acts, 1801. — Chapter 24. 

the line of the State of Connecticut, near Holmes' Mill, by 
the Meeting house, in the middle Parish in Granville, to the 
north Westerly part of the Town of Loudon, in the County 
of Berkshire, and for the keeping the same in repair in such 
Place or Places, as the Corporation shall choose for the 
same, which Road shall not be Less, than Four Rods wide, 
and the part to be travelled on, to be not less than Eighteen 
feet in wedth, in any Place, Excepting Steep side Hills; 
and there the said Road, shall be of sufficient wedth, for 
Carriages and Teams of all kinds, to pass each other, and 
that when said Turnpike Road shall be sufficiently made, 
and shall be allowed and approved by the Justices of the 
Court of Sessions, of the County of Hampshire, at any 
Term thereof, then the said Corporation shall be author- 
ized to Erect Turnpike Gates on the same — in such man- 
ner, as shall be necessary and convenient and shall be 
Entitled to receive from each Travellor and Passenger, 
Excepting those passing on Millitary duty, the following 
Rate of Ton. Rate f y ol ^ to wit . For everv Coach, Phaeton, Charriot 

and other four-wheel Carriage, drawn by Two horses, 
Thirty cents, and if drawn by more than two Horses, the 
additional sum of Five Cents for each Horse — for every 
Cart, Waggon or Sled, drawn by Two Oxen, or Horses, 
sixteen Cents — and if drawn by more than Two, the 
additional Sum of Four Cents, for every such ox, or 
Horse, — for every curricle, Twelve Cents — For every 
sleigh drawn by Two Horses, Twelve Cents, and if drawn 
by more than Two Horses, an additional sum of Four 
Cents, for each Horse, — for every chaise, chair or other 
carriage drawn by one Horse, Twelve Cents, for every man 
and Horse Six Cents — for all Oxen, Horses or neat cattle 
led or driven, besides those in Teams or Carriages, Four 
cents each, for all Sheep and Swine, four Cents by the 
dozen, and in the same proportion for a greater or Less 
number — and the Justices of the Court of General Ses- 
sions, of the Peace in the Counties of Hampshire, or Berk- 
shire, are hereby authorised, on application from said 
Corporation, to lay out such Road, or any Part thereof, 
within their respective Counties, as with the consent of 
the said Corporation, they may deem proper, and the said 
Corporation shall be holden to pay all Damages which 
tak n e n maybe shall arrise to any Person, by taking his Land for such 
Road, where it cannot be obtained by voluntary agree- 
ment, to be estimated by a Committee appointed by the 



Acts, 1801. — Chapter 24. 305 

General Sessions of the Peace, in the Count}' in which 
such Damage shall arise, saving to the Party the right of 
Tryal by Jury, according to the Law which makes provi- 
sion for the recovery of Damages, happening by laying 
out Public high ways. 

Sec. 2d. And be it further Enacted, that if said Cor- Penalty for 
poration, their Toll gatherers, and others in their employ, paisen^ers. 
shall unreasonably delay, or hinder any Traveller or Pas- 
senger at said Gates, or shall Demand, and recede 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, in either of the Counties aforesaid, where the 
offence shall be committed, by any Person Injured, de- 
layed or Defrauded, in a Special action on the case ; The 
Writ in which shall be served on the Corporation, by leav- 
ing a Copy of the same with the Treasurer, or with Two 
Individual members of said Corporation, living within the 
County wherein the offence shall be Committed, or read- 
ing the contents thereof to said Treasurer, or individual 
members, at least seven days before the day of Tryal, and 
the Treasurer of said Corporation, or individual members ; 
shall be allowed to Defend the same suit, in behalf of said 
Corporation, and the Corporation shall be liable to pay all 
damages, which shall happen to any person from whom 
toll is by this act Demandable, for any damages, which 
shall arise from Defect of Bridges, or want of repairs to Road to be kept 
the said Road — within the same County — and shall also ln g00d repair - 
be liable to a fine on presentment of the Grand Jury, for 
not keeping the same way or Bridges thereon in repair — 
and if the said Road or any Part thereof, shall be suffered 
to be out of repair, the Justices of the Court of Common 
Pleas, within and for the County, wherein the same may 
be, or a major part of them, or a Committee to be appointed 
for that purpose by said Justices, are hereby authorised 
to order said Gate to be set open ; said Justices or their 
Committee, having Previously notified the Clerk of said 
Corporation, of Complaint having been made of the bad- 
ness of the Road — at least Ten days previously to the 
ordering them to be set open : and immediately upon the 
leaving of such order in Writing, under the hands of 
said Justices, or their Committee with the Clerk of the 
Corporation, the said Gate shall be opened, and no Toll 
shall be Legally demandable or taken thereat — until 



306 



Acts, 1801. — Chapter 24. 



Penalty for 
injuring the 
road and for 
attempting to 
evade the toll. 



Shares consid- 
ered personal 
estate. 



First meeting 
of proprietors. 



Sign-hoard to 
be erected. 



Mode or trans- 
ferring and of 
attaching the 
shares. 



the said Justices or their Committee shall grant a counter 
order. 

Sec. 3d. And be it further Enacted; That if any Per- 
son shall cut, break down, or Destroy, the said Turnpike 
Gates, or shall forceably pass, or attempt by force to pass 
the same, without having first paid the legal Toll at such 
Gates, such persons shall forfeit and pay a Sum, not ex- 
ceeding forty dollars, nor less than Two dollars, to be 
recovered by the Treasurer of said Corporation, to their 
use, in an action of Trespass — and if any person shall 
with his Carriages, Team, Cattle or Horse, turn out of 
said Koad to pass the Turnpike Gate on Ground adja- 
cent thereto, and again enter on said Road, with an in- 
tent to avoid the payment of the Toll, due by Virtue of 
this act — such person shall forfeit and pay three times so 
much as the Legal Toll would have been, to be recovered 
by the Treasurer of the said Corporation, to the use 
thereof, in an Action of Trespass, on the case, Provided 
that nothing in this Act shall extend to entitle the said 
Corporation to demand Toll of any Person, who shall be 
passing with his Horse or Carriage, Team or Cattle, or on 
foot, on his common & ordinary business, within the same 
town, or to or from publick worship, or to & from any 
mill. 

Sec. 4th. And be it further Enacted, that the Shares 
in the said Turnpike Road, shall be taken, deemed and 
considered, to be personal Property or Estate to all in- 
tents and purposes. 

Sec. 5th. And be it further Enacted, That there shall 
be a meeting of the said Corporation, held at the House 
of Linus Bates, innholder in Granville, in the County of 
Hampshire, on the first monday of August next, for the 
purpose of choosing a Clerk, and such other Officers as 
may then and there be agreed upon, by the said Corpora- 
tion, 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. 

Sec. 6th. And be it further Enacted, that the said 
Corporation, shall at the place or places, where the Toll 
shall be collected, Erect and keep constantly Exposed to 
View, a Sign, or Board, with the rates of Toll of all the 
Tollable articles, fairly and Legibly Written thereon, in 
large or Capital Letters. 

Si-:c. 7th. And be it further Enacted, that the mode 
of Transfer! ng the shares in the said Turnpike, shall be 



Acts, 1801. — Chapter 24. 307 

by Deed, acknowledged before a Justice of the Peace, 
and recorded by the Clerk of the said Corporation in a 
Book kept for that purpose, and when any of the said 
shares shall be attached on Mesne process, or taken on ex- 
ecution, without such previous attachments, an attested 
Copy of such writ of attachment, or Execution, shall be 
left with the Clerk of the Corporation, otherwise the at- 
tachment or taking on Execution 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 Execution and 
of the Officers return on the same, with the Clerk of said 
Corporation, within ten days after such sale, and paying 
for the recording the same. 

Sec. 8th. And be it further Enacted, that whenever shares of 

. . i ii i c j_ rn delinquents 

any proprietor, shall neglect or refuse to pay any lax or to be sow. 
assessment duly voted and agreed upon, by the Corpora- 
tion to the Treasurer, within Sixty days after the time set 
for the payment thereof, The Treasurer of said Corpora- 
tion, 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 nec- 
essary incidental charges, after duly Notifying in the 
Newspapers printed at Stockbridge & Har[<jford by Hud- 
son & Goodwin, 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 Trans- 
fer of the share, or shares, so sold, to the person pur- 
chasing, and 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, and such person shall be considered to all 
intents and purposes the proprietor thereof : and the over- 
plus if any there be shall be paid on Demand by the 
Treasurer to the person whose shares were thus sold. 

Sec. 9th. And be it further enacted, that the said statements of 

. /. . -i t-, income and 

Corporation shall within six months after the said Road expenses to be 

is compleated, lodge in the Secretary's office, an account 

of the Expences thereof, and that the Said Corporation 

shall Annually Exhibit to the Govenor and Council, a 

True account of the income, or Dividend, arising from the 

said Toll, with their necessary annual Disbursements on 

said Road, and that the Books of the said Corporation, 



308 



Acts, 1801. — Chapter 25. 



Corporation 
may be dis- 
solved by the 
General Court. 



shall at all times, be Subject to the Inspection of the 
General Court, or a Committee by them appointed, or to 
the Inspection of the Governor & Council. 

Sec. 10th. And be il further Enacted; That the Gen- 
eral Court may dis[s]olve said Corporation, whenever it 
shall appear to their Sattisfaction, That the income arising 
from the said Toll, shall have fully compensated the said 
Corporation, for all monies, they may have expended, in 
purchasing and repairing and taking care of the said Road, 
together with the Interest thereon, at the rate of Twelve 
per Centum, by the year, and thereupon the property of 
the said Road, shall be vested in this Commonwealth, and 
be at their disposal — Provided that if the said Corpora- 
tion, shall neglect to complete the said Turnpike Road, 
for the space of Four years from the passing this act — 
the same shall become Void, and of no effect. 

Approved June 19, 1801. 



Preamble. 



1801. — Chapter 25. 

[January Session, ch. 1.] 

AN ACT, IN ADDITION TO THE SEVERAL ACTS NOW IN FORCE, 
REGULATING THE TAKING OF THE FISH CALLED ALEWIVES, 
IN THE TOWN OF MIDDLEBOROUGH. 



Whereas doubts have arisen, whether the inhabitants of 
said town of Middleborough are authorized by law to agree 
with and hire any person or persons to take said fish, and 
sell them at the price stipulated by law, and to account with 
the said inhabitants for the net proceeds of the same: 

Therefore, Be it enacted by the Senate and House of 

Representatives, in General Court assembled, and by 

Persons may (j ie authority of the same, That from after the passing 

be hired to take •in 1 n i • & 

and seii the ash. of tbis act, it shall and may be lawful for the inhabitants 
of said town, at any legal meeting, called for that as well 
as other purposes, by themselves, or a Committee chosen 
by them for that purpose, to agree with and hire such per- 
son or persons as they may deem proper, to take said fish 
at any or all of the fishing places in said town, and to 
dispose of them at the price stipulated by law, being 
accountable to the inhabitants of said town for the net 
proceeds of the same. Approved January 21, 1802. 



Acts, 1801. — Chapters 26, 27. 309 



1801. — Chapter 26. 

[January Session, ch. 2.] 

AN ACT TO ESTABLISH A WATCH FOR PRESERVING THE 
SAFETY & GOOD ORDER OF THE TOWN OF BOSTON. 

Sec. 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 of the town of f^p™^ 
Boston be, and they hereby are authorized from time to watchmen, 
time to appoint such a number of their inhabitants to be 
Watchmen by night in the town of Boston, as they shall 
judge expedient, to be paid at the charge of that town. 
And the said Selectmen are also further authorized and 
empowered from time to time to appoint a Head Con- 
stable, to superintend said Watch, as also a Constable for 
each division thereof, and the several Constables of Divi- 
sions are required to report every morning, an account of 
their doings and of the state of the town during the night, 
to the said Head Constable, in order that the same may 
be communicated to the Chairman of the Selectmen daily. 

Sec. 2d. And be it further enacted by the authority 
aforesaid, That the Head Constable, the several Consta- Powers, &c. of 
bles of Divisions, and the Watchmen appointed by virtue Watc men- 
of this Act, shall have the same powers, and shall be held 
and obliged to perform the same duties, as are required 
of watchmen by a law of this Commonwealth passed 
March the tenth, seventeen hundred and ninety seven, 
entitled, "An Act for keeping Watches and Wards in 
towns, and for preventing disorders in streets and public 
places." 

Sec. 3d. And be it further enacted by the authority 
aforesaid, That the expenses that may be incurred by rea- Provision for 
son of the establishment of the Watch aforesaid, shall be theex P eDBes - 
raised, levied and collected as the other expenses of said 
town are or may be raised, levied or collected, any law to 
the contrary notwithstanding. 

Approved January 29, 1802. 



1801. — Chapter 27. 

[January Session, ch. 3.] 

AN ACT TO INCORPORATE THE PROPRIETORS OF THE NORTH 
MEETING HOUSE IN SALEM, IN THE COUNTY OF ESSEX. 

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



310 



Acts, 1801. — Chapter 27. 



Corporate 

name. 



Authorized to 
raise money. 



The Proprietors Authority of the same, That the persons, who now are, 

incorporated. */ •/ » m l » » 

and who hereafter shall be, proprietors of the North Meet- 
ing House in Salem, in the County of Essex, wherein the 
Reverend Doctor Thomas Barnard Officiates, and of the 
land under and adjoining the same, be, and they hereby 
are incorporated and made a body politic and religious 
Society, by the name of The Proprietors of the North 
Meeting House in Salem, and in that name may sue and 
be sued ; and shall be invested with all the powers, priv- 
ileges and immunities, to which other religious Societies 
in this Commonwealth are entitled by law ; and shall be 
capable of purchasing and holding estate, real or per- 
sonal ; Provided that the annual income of the whole 
estate of said Corporation, beside the meeting House, 
shall not, any time, exceed the value of three thousand 
dollars. 

Sect. 2. Be it further Enacted, That the proprietors 
of said Meeting House be, and they hereby are, author- 
ized and impowered to raise, by an assessment on the 
pews and seats in said Meeting House, such Sum or Sums 
of money, for the Settlement and maintenance of a Min- 
ister or Ministers, repairing the Meeting House, and 
defraying the other expences of Public Worship, with 
incidental charges, as they shall agree on, at any legal 
meeting called for that purpose, and the same may assess, 
or cause to be assessed, upon such pews and seats, as the 
proprietors, at any such meeting, shall determine on, ac- 
cording to the respective original valuation thereof, as 
recorded in the proprietors Book : Provided, however, 
That exemptions from said assessment shall not be ex- 
tended farther than to the pews on the floor, and the Seats 
in the Gallery, which by the said Proprietors have hereto- 
fore been exempted from assessment. And the sums so 
assessed shall be paid by the Proprietors of such pews and 
seats. And if any proprietor of a pew or seat shall neglect 
to pay any assessment, which shall be legally made thereon, 
for one year after the same shall have been made, the 
Treasurer of said Proprietors shall be authorized and im- 
powered to sell and convey all the estate and interest of 
any such delinquent proprietor in the said Corporation at 
Public auction, first giving notice thereof, fourteen days, 
at least, previous to the sale, by posting up notifications 
at two of the doors of said Meeting House ; and, upon 
such sale, to execute a good and sufficient deed or deeds 



Pews of delin- 
quents may be 
sold. 



Acts, 1801. — Chapter 28. 311 



thereof; And after deducting the amount of said delin- 
quent's assessment, together with the legal interest thereon, 
from the time the same was made, and all incidental 
charges, the said Treasurer shall pay the surplus, if any 
there be, to such delinquent Proprietor. 

. Sect. 3. Be it further enacted, That all contracts here- Former con- 
tofore made by the said Proprietors with their Minister tract 
or others, shall devolve and be binding upon them by 
their name, and in their Corporate capacity aforesaid. 

Sect. 4th. And be it further enacted, by the authority 
aforesaid, That Thomas Bancroft, Esqr. be, and he hereby First meeting. 
is impowered and directed to issue his Warrant to some 
principal member of said Corporation, requiring him to 
warn the members thereof to meet at such time and place 
as shall be therein set forth, to choose a Moderator, and 
a Clerk, who shall be duly sworn, a Treasurer, and such 
other Officers as the Proprietors shall judge necessary ; — 
And the Moderator of that and all future meetings shall 
have power to administer the Oath of office to the Clerk. 

Approved February 5, 1802. 

1801. — Chapter 28. 

[January Session, ch. 5.] 

AN ACT AUTHORIZING THE SALE OF MINISTERIAL LANDS IN 
THE FIRST PARISH IN GORHAM, TO RAISE A FUND FOR THE 
SUPPORT OF THE MINISTRY, AND APPOINTING TRUSTEES 
FOR THOSE PURPOSES. 

Whereas the first parish in Gorham, in the County of Pieamble - 
Cumberland, have petitioned this Court for liberty to sell 
their parsonage or ministerial lands, for the purpose of 
raising a fund for the support of the ministry : 

Sec. 1st. Be it therefore enacted by the Senate and 
House of Representatives, in General Court assembled, 
and by the authority of the same, That Stephen Long- Trustees, 
fellow, esqr., Dudley Folsom, David Harding, James 
Phinney, Thomas McLellan, Josiah Alden and William 
McLellan, be, and hereby are appointed Trustees to sell 
the same, and to put out at interest the monies arising 
from such sale, in manner herein after mentioned, and for 
that purpose. 

Sue. 2d. Be it further enacted, That the said Trustees Corporate 

ii i i • i-i'i ii i'j* name. 

be, and they hereby are incorporated into a body politic 
by the name of The Trustees of the Ministerial Fund in 



312 



Acts, 1801. — Chapter 28. 



Officers to be 
chosen. 



The number 
of Trustees. 



Trustees 
removable. 



First meeting. 



Lands to be 
Bold. 



the First Parish in Gorham, in the County of Cumber- 
land ; And they, and their successors, shall be and con- 
tinue a body politic and corporate by that name forever ; 
and they shall have a common seal, subject to be altered 
at their pleasure. And they may sue and be sued in all 
actions, real, personal and mixed, and prosecute and de- 
fend the same to final judgment and execution by the name 
aforesaid. 

Sec. 3d. Be it further enacted by the authority afore- 
said, That the said Trustees and their successors, shall and 
may annually elect a President, and Clerk to record the 
doings and transactions of the Trustees at their meetings, 
and a Treasurer to receive and apply the monies herein 
after mentioned, as herein after directed, and any other 
needful Officers for the better managing of their business. 

Sec. 4th. Be it further enacted by the authority afore- 
said. That the number of Trustees shall not, at any one 
time, be more than seven, nor less than five, any five of 
their number to constitute a quorum for transacting busi- 
ness ; and they shall and may, from time to time, fill up 
vacancies in their number, which may happen by death, 
resignation or otherwise, from the members of said parish ; 
and shall also have power to remove any of their num- 
ber who may become unfit and incapable, from age, 
infirmity, misconduct or any other cause, of discharging 
their duty, and to supply a vacancy so made, by a new 
choice from the parish aforesaid. And the said Trustees 
shall annually hold a meeting in March or April, and as 
much oftener as may be found necessary to transact their 
necessary business, which meetings, after the first, shall 
be called in such way & manner as the Trustees shall 
hereafter direct. 

Sec. 5th. Be it further enacted, That William Gor- 
ham, esqr. be, and he hereby is authorized to fix the time 
and place for calling the first meeting of the Trustees, and 
to notify each Trustee thereof. 

Sec. 6th. And be it further enacted by the Authority 
aforesaid, That said Trustees be, and they hereby are au- 
thorized to sell and convey in fee simple, all the parson- 
age and ministerial lands belonging to the said parish, and 
to make, execute and acknowledge a good and sufficient 
deed or deeds thereof, which deed or deeds, subscribed 
by the name of their Treasurer, by direction of said Trus- 
tees, with their seal thereto affixed, shall be good and 



Acts, 1801. — Chapter 28. 313 

effectual, in law, to pass and convey the fee simple from 
said parish to the purchaser, to all intents and purposes 
whatever. 

Sec. 7th. Be it further enacted, That the monies aris- Money to be 
rag from the sale of said lands, shall be put at interest as pu atlD ereB ' 
soon as may be, and secured by mortgage of real estate 
to the full value of the estate sold, or by two or more 
sufficient sureties with the principal, unless the Trustees 
shall think it best to invest the same in public funded se- 
curities, or bank stock, which they may do. 

Sec. 8th. Be it further enacted, That the interest aris- interest to be 

• -iiii ii loaned. 

ing from time to time on such monies, shall be annually or 
oftener if practicable, put out at interest, and secured in 
manner aforesaid, unless invested in the funds or bank 
stock as aforesaid, and also the interest accruing from 
the interest, untill a fund shall be accumulated which 
shall yield yearly the sum of four hundred Dollars in- 
terest. 

Sec. 9th. Be it further enacted, That as soon as an Minister to be 
interest to that amount shall accrue, the Trustees shall 8uppore ■ 
forthwith apply the same for the annual support of the 
congregational minister which may then be settled in said 
parish, or which may thereafter be settled there. And 
so long as the said parish shall remain without a settled 
minister, the annual interest aforesaid shall be put out at 
interest, and secured as aforesaid, to increase the said 
fund, untill there be a re-settlement of a minister. And it 
shall never be in the power of said parish to alienate, or 
any-wise alter the fund aforesaid. 

Sec. 10th. Be it further enacted, That the Treasurer ^ rea8 n 1 B r i ^ r le 
of the Trustees shall give bond faithfully to perform his 
duty, and to be at all times responsible for the faithful 
application and appropriation of the monies which may 
come into his hands, conformably to the true intent and 
meaning of this act, and for all negligence or misconduct 
of any kind in his office. 

Sec. 11th. Be it further enacted, That the Trustees, Trustees not to 

. /»i • i f iii be paid from 

or their Officers, for the services they may perform, shall the fund. 
be entitled to no compensation out of any monies aris- 
ing from the fund aforesaid ; but if entitled to any, shall 
have and receive the same of said parish, as may be mu- 
tually agreed on. 

Sec. 12th. Be it further enacted, That the said Trus- Annual 
tees and their successors, shall exhibit to the parish, at B 



314 



Acts, 1801. — Chapters 29, 30. 



Trustees 
responsible. 



their annual meeting in March or April, a regular and fair 
statement of their doings. 

Sec. 13th. Be it further enacted, That the said Trus- 
tees, and each of them, shall be responsible to the parish 
for their personal negligence or misconduct, whether they 
be Officers or not, and liable to a suit for any loss or dam- 
age arising thereby, the debt or damage recovered in such 
suit to be for the use aforesaid. 

Approved February 5, 1802. 



Penalty, &c. 
for damaging 
an engine. 



1801. — Chapter 29. 

[January Session, ch. 4.] 

AN ACT MORE EFFECTUALLY TO SECURE FIRE ENGINES FROM 
BEING INJURED. 

Whereas it has sometimes happened that some people, 
from a wanton, and others from a malicious disposition, 
have injured the Public Fire Engines, provided for the 
extinguishment of fires which may unfortunately happen 
in the habitations and other buildings of the inhabitants ; — 
for prevention whereof in future, 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, That if any person shall wantonly or maliciously 
spoil, break, injure, damage or render useless, any Engine, 
or any of the apparatus thereto belonging, prepared by any 
town, society, person or persons^ for the extinguishment 
of fire, and shall be convicted thereof before the Supreme 
Judicial Court, he shall be punished by a fine not exceed- 
ing five hundred Dollars, or by imprisonment not exceed- 
ing two years, at the discretion of the Court ; and be further 
ordered to recognize with sufficient surety or sureties for 
his good behaviour, for such term as the Court shall order. 

Approved February 8, 1802. 



Land set off. 



1801. — Chapter 30. 

[January Session, ch. 6.] 

AN ACT TO SET OFF THE SOUTH-EAST PART OF LIVERMORE, 

FROM SAID LIVERMORE TO THE TOWN OF LEEDS. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of (he same, That all that part of Livermore, lying on the 
cast side of Amorescoggin river, and to the southward of 
a line beginning at said river, on the northern boundary 



Proviso. 



Acts, 1801. — Chapter 31. 315 

of Increase Leadbetter's lot, and thence running east, to 
the eastern boundary of said Livermore, with the inhab- 
itants thereon, be, and the same hereby is set off from 
said Livermore, and annexed to the town of Leeds in the 
County of Kennebeck, and shall hereafter be considered as 
part of the same. 

Provided nevertheless, That the said tract of land, and 
the inhabitants thereon, so set off, as aforesaid, shall be 
holden to pay all such taxes as are already assessed, or 
-ordered to be assessed by said town of Livermore, in the 
same manner as they would have been if this act had not 
been passed. Approved February 12, 1802. 

1801. - Chapter 31. 

[January Session, ch. 7.] 

AN ACT REGULATING THE TAKING OF THE FISH CALLED ALE- 
WIVES IN SEVEN MILE BROOK IN THE TOWN OF VASSAL- 
BOROUGH IN THE COUNTY OF KENNEBECK. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That said fish may be taken in said ^niy 
Brook within said town of Vassalborough, at such time directed 
or times only, as a Committee who may be appointed by 
said town as is hereafter provided, may direct. 

Sec 2d. Be it further enacted, That the inhabitants Fish committee 
of said town of Vassalborough, at their meeting for the ° eapp0H 
choice of town Officers in March or April annually, be, 
and they hereby are authorized and directed to appoint 
three five or seven persons a Committee to oversee the 
taking said fish as aforesaid, which Committee shall dis- 
tribute the fish taken by them, or under their direction, 
as equally as circumstances will admit, to such person or 
persons as may apply for the same ; and for the fish so 
supplied and delivered, the Committee aforesaid shall 
demand and receive of the person or persons applying 
therefor, payment at such rate or rates as the inhabitants 
of said town, at their annual meeting in March or April 
may direct, excepting such poor persons as may be named 
in a list to be annually made out by the Selectmen of said 
town, and who in the opinion of the Selectmen are unable 
to pay for the same, which list shall be given to the Com- 
mittee ; and the person or persons borne on the same, 
shall be supplied with such quantities of said lish gratis, 
as the Committee may think expedient. And the Corn- 



Fish to be taken 
at times 



316 



Acts, 1801. — Chapter 32. 



Committee to 
be paid. 



Penalty for 
illegally taking 
the fish. 



Recovery of 
penalties. 



In case of 
minors offend- 
ing. 



Committee- 
men may give 
evidence. 



raittee aforesaid shall have such allowance for their 
services as the inhabitants of said town at the time of 
appointing said Committee shall determine ; and shall 
annually in the month of September, next following their 
appointment, exhibit their accounts to the Selectmen of 
said town, for settlement and allowance ; and pay the bal- 
ance remaining in their hands, if any, to the Treasurer 
of the town of Vassalborough, for the town's use. 

Sec. 3d. Be it further enacted, That if any person or 
persons, other than the said Committee, or such persons 
as shall be by them employed, shall take any of the said 
fish in the said Brook, or any part of it within said town 
of Vassalborough, at any time, or by any ways or means 
whatsoever, each person so offending, shall forfeit and 
pay a sum not exceeding ten Dollars, nor less than two 
Dollars. 

Sec. 4th. Be it further enacted That all penalties in- 
curred by the breach of this Act, may be sued for and 
recovered by the Treasurer of the town of Vassalborough, 
for the time being, in any Court in the County of Kenne- 
beck, proper to try the same ; and all sums so recovered 
shall be appropriated to the use of said town. And in case 
any minor or minors shall offend against any part of this 
act, and thereby incur any or either of the penalties afore- 
said, in all such cases, the parents, masters or guardians of 
such minor or minors, shall be answerable therefor : and 
in case of a prosecution of such minor or minors for any 
such offence, the action shall be commenced- against the 
parents, masters or guardians of such minor or minors 
respectively, and judgment rendered against any parent, 
master or guardian in such case, in the same manner as 
for his or their personal offence. 

Sec. 5th. And be it further enacted, That no person by 
reason of being one of said Committee, shall be thereby 
disqualified from being a witness in any prosecution for a 
breach of this act. Ajyroved February 16, 1802. 



Preamble. 



1801. — Chapter 32. 

[January Session, ch. 8.] 

AN ACT TO INCORPORATE MARK LANGDON HILL, AND OTHERS 
FOR THE PURPOSE OF BUILDING A BRIDGE ACROSS WIN- 
N0GANCE CREEK. 

Whereas application hath been made to this Court for 
permission to build a Bridge over Winnogance Creek, 



Acts, 1801.— Chapter 33. 317 

which runs between the town of Georgetown, and the town 
of Bath, in the County of Lincoln, and it appearing that 
a Bridge in said place will be of Public Utility. 

Sect. 1. Be it enacted by the Senate & House of Rep- 
resentatives, in General Court assembled, & by the Author- 
ity of the same, that Mark Langdon Hill, and Joshua Persons 
Shaw Esquires, together with their associates, and those ,ncorporate 
who shall hereafter associate with them with their heirs & 
assigns, be, and hereby are constituted a Corporation and 
Body-Politic, for the purpose of erecting a Bridge over 
said Winnogance Creek, at or near the Northwestern end 
of Timber Island. — Provided, that within the term of Provi8 °- 
Five years from the passing of this Act, the said Bridge 
shall be built, kept open, free, and made convenient and 
Safe for the accommodation of travellers : and that the 
said Bridge be so constructed, as that a Gondola, loaded 
with hay, may conveniently pass under the same. 

Approved February 16, 1802. 

1801. — Chapter 33. 

[January Session, ch. 9.] 

AN ACT TO INCORPORATE JOSHUA SHAW & OTHERS, FOR THE 
PURPOSE OF BUILDING A BRIDGE ACROSS NEW-MEADOW- 
RIVER. 

Whereas application has been made to this Court, for Preamble. 
permission to build a Bridge over New-Meadow -River , 
which runs between the town of Brunswick in the County 
of Cumberland, and the town of Bath, in the County of 
Lincoln, at or near Brown's ferry, so called; and it ap- 
pearing that a Bridge in said place, will be of public 
Utility : 

Be it enacted by the Senate & House of Representatives, 
in General Court assembled, and by the Authority of the 
same, — that Joshua Shaw, & Samuel Davis, together persons 
with their associates and those who shall hereafter asso- incor P° rated - 
ciate with them, their heirs, and assigns, be, and hereby 
are constituted a Corporation, and Body-Politic, for the 
purpose of erecting a Bridge over said New-Meadow- 
River, at or near Brown's ferry, in the most convenient 
place. — Provided that the said Bridge shall be so con- 
structed, as that any vessel, without masts, can pass under 
the same, at any suitable time of the tide. Provided Proviso. 
also, that the said Bridge, within the term of five years, 



318 



Persons 
incorporated. 



Proviso respect- 
ing taxes. 



Boundaries. 



Acts, 1801. — Chapters 34, 35. 

from the passing of this Act, shall be built, railed, made 
convenient, and kept open, and free at all times, for the 
accommodation of travellers. 

Approved February 16, 1802. 

1801. - Chapter 34. 

[January Session, ch. 10.] 

AN ACT TO SET OFF TIMOTHY ARNOLD, & THIRTEEN OTHERS 
FROM THE TOWN OF WASHINGTON, AND ANNEX THEM TO 
THE TOWN OF LENOX IN THE COUNTY OF BERKSHIRE. 

Be it enacted by the Senate & House of Representatives, 
in General Court assembled, and by the Authority of the 
same, that Timothy Arnold, Luther Sears, Nathan Miller, 
Levi Carrier, Ira Gay lord, Asahel Brown, Thomas Hub- 
bard, Ebenezer Attley, John Morehouse, Tho. Morehouse, 
Daniel Jones, James Sears, Ebenezer Chapel, & Joseph 
C. Chapel, with their families & Estates, as contained 
within the limits herein described, be, and they are 
hereby set off from the town of Washington, and an- 
nexed to the town of Lenox, vizt. — Begining at Housa- 
tonock river, and runing South Seventy three degrees, 
East two hundred & sixty rods, thence south seventeen 
degrees West, five hundred & fourteen rods, thence south 
sixty degrees, west two hundred rods, to William Good- 
speed's land. 

Provided however, that the families and estates, hereby 
set off, from the town of Washington, and annexed to the 
town of Lenox, shall be holden to pay all such taxes as 
are now due, or which have been ordered to be assessed 
on them, by the said town of Washington, prior to the date 
of this Act. Approved February 18, 1802. 

1801. — Chapter 35. 

[January Session, ch. 11.] 

AN ACT TO DIVIDE THE TOWN OF POLAND, AND TO INCOR- 
PORATE THE NORTHERLY PART THEREOF INTO A SEPERATE 
TOWN BY THE NAME OF MINOT. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the northerly part of Poland, 
in the County of Cumberland as described within the fol- 
lowing bounds, with the inhabitants thereon, be, and they 
are hereby incorporated into a seperate town by the name 



Acts, 1801. — Chapter 35. 319 

of Minot ; beginning at the south east corner of the town 
of Turner, at a place called the Crooked Ripples, in the 
Great Androscoggin River ; thence by a line drawn on the 
middle of said river to the Great Falls, thence by the line 
in the Act which incorporates the said town of Poland, 
untill it strikes the Little Androscoggin River ; thence by 
a line drawn on the middle of said river, untill it strikes 
the southerly side line of Hebron, commonly called Davis' 
line, to the south west corner of Turner ; and thence by 
the line of said Turner, to the bounds first mentioned. 
And the said town of Minot is hereby vested with all the 
powers and priviledges, rights and immunities to which 
other towns are entitled by the Constitution and Laws of 
this Commonwealth. 

Sec. 2d. And be it further enacted, That the said town Regulation 
of Minot, shall pay all arrears of taxes which have been taxes, prop- 
assessed upon them, together with their proportion of all eity ' ^ c 
debts owed by the said town of Poland prior to the date 
of this Act ; and that all questions relative to property 
already existing, shall be adjusted and settled in the same 
manner as if this Act had not been made ; and that the 
public lands appropriated for the support of Schools, and 
the town's stock of military stores, shall be estimated, and 
divided in the same proportion that each town paid at the 
time of the purchase thereof ; and that no pauper or pau- 
pers shall be sent from either of the said towns to the other 
for support, after this incorporation, but each town shall 
support its own poor ; and if any person or persons here- 
tofore belonging to the town of Poland aforesaid, and hav- 
ing removed thence shall be returned thither again and 
become a public charge, the same shall be paid by the 
said towns of Poland & Minot, in proportion to the State 
Tax laid on them severally from time to time. 

Sec. 3d. And be it further enacted, That all future Assessing of 
taxes levied on the two towns aforesaid, previous to a new 
valuation, shall be assessed in the proportion of one third 
to the town of Poland, and two thirds to the town of Minot. 

Sec. 4th. And be it further enacted, That Nathaniel Firit meeting - 
C. Allen Esqr. be, and he is hereby authorized to issue 
his Warrant, directed to some suitable inhabitant of the 
said town of Minot, requiring him to notify and warn the 
inhabitants of the said town, qualified by law to vote in 
town affairs, to meet at such time and place as shall be 
expressed in the said Warrant, to choose all such Officers, 



320 



Acts, 1801. — Chapters 36, 37. 



as other towns within this Commonwealth are required 
by law to choose in the months of March or April annually ; 
& the Officers so chosen shall be qualified as other town 
officers are. Approved February 18, 1802. 



How the fish 
are to be taken. 



Penalty for 
breach of the 
law. 



1801. — Chapter 36. 

[January Session, ch. 12.] 

AN ACT TO REGULATE THE TAKING OF FISH CALLED ALE- 
WIVES, IN THE TOWN OF BOOTHBAY IN THE COUNTY OF 
LINCOLN. 

Sec 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, & by the au- 
thority of the same, That from and after passing this act, 
the fish called Alewives, in the town of Boothbay, shall 
not be taken in any other way or manner than with Dip 
Nets, nor more than three days in a week, which days 
shall be assigned by the Selectmen of said town in the 
month of March or April annually, any law to the contrary 
notwithstanding. 

Sec 2d. And be it further enacted, that if any person 
shall be guilty of taking said fish in said town, in any other 
time or manner than is provided in this Act, he or they 
shall be liable to pay a fine not exceeding thirteen Dollars, 
nor less than three Dollars, for each and every offence so 
committed ; to be sued for and recovered in any Court, 
within the County of Lincoln, proper to try the same : 
And all fines and forfeitures recovered by virtue of this 
act, shall accrue to him or them who shall sue for and re- 
cover the same. Approved February IS, 1802. 

1801. — Chapter 37. 

[January Session, ch. 13.] 

AN ACT FOR ALTERING THE TIMES OF HOLDING THE COURT 
OF GENERAL SESSIONS OF THE PEACE AND COURT OF COM- 
MON PLEAS, NOW HOLDEN AT SALEM, WITHIN AND FOR 
THE COUNTY OF ESSEX, ON THE SECOND TUESDAY OF JULY 
ANNUALLY; AND AT NEWBURY PORT, WITHIN & FOR SAID 
COUNTY, ON THE FIRST TUESDAY OF OCTOBER ANNUALLY; 
AND FOR ESTABLISHING AN ADDITIONAL TERM FOR HOLD- 
ING SAID COURTS IN SAID COUNTY. 

Sec 1st. Be it enacted by the Senate and House of 

Representatives, in General Court assembled, & by the au- 

court at saiem. thority of the [of the] same, That the Court of General 

Sessions of the Peace and Court of Common Pleas, which 



Acts, 1801. — Chapters 38, 39. 321 

are now by law to be holden at Salem, within and for the 
County of Essex, on the second Tuesday of July annually, 
shall hereafter be holden at Salem aforesaid, within and 
for the County of Essex, on the last Tuesday of June 
annually; and that the Court of General Sessions of the Court at New- 
Peace and Court of Common Pleas, which are now by urypor • 
law to be holden at Newbury Port, within and for the 
County of Essex, on the first Tuesday of October an- 
nually, shall hereafter be holden at said Newbury Port, 
within & for the County of Essex, on the last Tuesday 
of September annually, any law, usage or custom to the 
contrary notwithstanding. 

Sec. 2d. And be it further enacted, That from and £™£ at t p 8 - 
after the passing of this Act, there shall be a Court of 
General Sessions of the Peace, and a Court of Common 
Pleas holden at Ipswich, within and for the County of 
Essex, on the last Tuesday of December annually, in ad- 
dition to those already established by law T . 

Approved February 20, 1802. 

1801. — Chapter 38. 

[January Session, ch. 14.] 

AN ACT TO ALTER THE NAME OF THE TOWN OF THOMSON- 
BOROUGH IN THE COUNTY OF LINCOLN. 

Whereas the inhabitants of the town of Thomsonbor- 
ough, have petitioned the Legislature to alter the name of 
said town, and have stated the great length thereof, as a 
reason for such alteration, 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 town of Thomsonborough in the 
County of Lincoln, shall hereafter be designated and 
known by the name of Lisbon. 

Approved February 20, 1802. 

1801. —Chapter 39. 

[January Session, ch. 15.] 

AN ACT TO INCORPORATE THE PLANTATION OF CHESTER, 
IN THE COUNTY OF KENNEBECK INTO A TOWN BY THE 
NAME OF CHESTERVILLE. 

Sec 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 



322 Acts, 1801. — Chapter 39. 

Boundaries. authority of the same, That the plantation of Chester in 
the County of Kennebeck, as described within the follow- 
ing bounds, with the inhabitants thereon, be, and they 
are hereby incorporated into a town by the name of Ches- 
terville, Begining at a beech tree at the southerly corner 
of Tyngstown, thence north fifty eight degrees east, one 
mile, and two hundred & five rods to a hemlock tree 
standing in the south west corner of Farmington, thence 
north sixty seven degrees east, one mile, and seventy five 
rods to the confluence of the Little Norridgewock with 
Wilson's stream, thence north forty nine degrees east, one 
mile and ninety rods, to the confluence of said Wilson's 
stream with Sandy river, thence easterly by said Sandy 
river, and bounding thereon one mile and twenty rods, to 
the mouth of Gurdy's brook or stream, thence southerly 
by said Gurdy's brook, and bounding thereon three miles 
and one hundred and eighty rods to a hemlock tree at the 
south east corner of Chester purchase, thence continuing 
on said brook southerly two miles and eighty rods to a 
hemlock tree marked, near the mouth of Perry's stream, 
so called, thence south thirty nine degrees east one mile 
and two hundred rods to Parkers Pond ; thence southerly 
by said Pond, to the north line of Fayette ; thence west- 
erly by the said north line of Fayette four miles and 
eighty rods to a birch tree, standing at the south east cor- 
ner of Livermore, thence northerly by the east line of 
Jay five miles and forty eight rods to the first mentioned 
bound. And the said town is hereby vested with all the 
powers, priviledges and immunities, to which other towns 
are entitled by the Constitution and Laws of this Com- 
monwealth. 

First meeting. g EC> 2 d. And be it further enacted that Stephen Tit- 
coin b Esqr. be, and he is hereby authorized to issue his 
Warrant, directed to some suitable inhabitant of the said 
Chesterville, requiring him to notify and warn the inhab- 
itants of said Chesterville, to meet at such convenient time 
and place, as shall be expressed in said Warrant, to choose 
all such Officers as towns are by law required to choose 
in the months of March or April annually. 

Approved February 20, 1802. 



Acts, 1801. — Chapters 40, 41. 323 



1801 — Chapter 40. 

[January Session, ch. 16.] 

AN ACT TO SET OFF CERTAIN TRACTS OF LAND, BEING PART 
OF FAYETTE, AND PART OF THE LATE PLANTATION OF 
GOSHEN, AND TO ANNEX THEM TO THE TOWN OF MOUNT 
VERNON. 

Be it enacted by the Senate, and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, That the several parcels of land with the fami- Boundaries. 
lies living thereon, with their estates be, and hereby are 
set oft' from the town of Fayette, and the late plantation 
of Goshen, in the County of Kennebec ; and annexed to 
and made a part of Mount Vernon in said County, viz. 
Beginning at the north east corner of lot, number seventy 
three, and bounding on the west line of Mount Vernon, 
thence westerly by the north line of said lot until 1 it 
strikes Parker's pond, thence southerly by said pond and 
bounding thereon, untill it strikes the north line of Fay- 
ette, thence easterly by said pond and the stream issuing 
therefrom and bounding on the same, untill it strikes the 
west line of Mount Vernon, thence northerly by the west 
line of Mount Vernon and bounding thereon, to the bound 
first mentioned. Approved February 20, 1802. 

1801. — Chapter 41. 

[January Session, ch. 17.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED BROWN- 
FIELD IN THE COUNTY OF YORK, INTO A TOWN BY THE 
NAME OF BROWNFIELD, AND FOR ANNEXING A PART OF 
SAID BROWNFIELD TO THE TOWN OF FRYEBURGH. 

Sec. 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 heretofore called Boundaries. 
Brownfield in the County of York as described within 
the following bounds, with the inhabitants thereon be, 
and hereby are incorporated into a town by the name of 
Brownfield, begining at the south corner of Fryeburgh, 
and running north forty three degrees and a half east, 
four hundred and ninety five rods to the north west cor- 
ner of Brownfield, on the east side of Saco River; thence 
south sixty three degrees east, seventeen hundred and 
seventeen rods to a tree marked ; then south thirty 
degrees east, twelve hundred and twelve rods to Flints- 



324 



Acts, 1801. — Chapter 41. 



First meeting. 



Land set off to 
Fryeburg. 



Provision for 
debts & taxes. 



town line, then south sixty two degrees west sixteen hun- 
dred and ninety one rods to Saco River, then up said river 
as it tends to the place where Brownfield line comes to 
Saco River on the west side, then across said river south 
sixty two degrees west, four hundred and eighty rods to 
the south corner of Brownfield, then north twenty eight 
degrees west, eighteen hundred and seventy six rods to 
the northeast corner of Porterfield, then south, seventy 
six degrees and a half west, five hundred and eighty rods 
to the line of New Hampshire ; then north six degrees & 
a half east, to the line of that part of the Plantation of 
Brownfield, which in this Act is set off to the town of 
Fryeburgh, then north seventy six degrees and a half 
east, nine hundred and eighty five rods to the bounds 
begun at : And the said town is hereby invested with all 
the powers and privi ledges, rights and immunities to which 
other towns are entitled by the Constitution and Laws of 
this Commonwealth. 

Sec. 2d. And be it further enacted, That Moses Ames 
Esqr. be, and he is hereby authorized to issue his War- 
rant, directed to some suitable inhabitant of the said town 
of Brownfield, requiring him to notify and warn the in- 
habitants of the said town of Brownfield, to assemble and 
meet at such convenient time and place as shall be ex- 
pressed in said Warrant to choose all such Officers as 
towns are by law required to choose in the months of 
March or April annually. 

Sec. 3. And be it further enacted, That the tract of 
land as described within the following boundaries, and 
which heretofore made a part of the plantation of Brown- 
field be, and hereby is annexed to, and made a part of the 
town of Fryeburgh viz. Beginning at the south corner 
of Fryeburgh, at a stake and stones, thence running north 
forty six degrees and an half west, eleven hundred and 
seventy five rods on Fryeburgh line to a pine stump on 
the line of New Hampshire, thence south six degrees and 
a half west, nine hundred and ten rods to a beach tree 
marked HYB, thence north seventy six degrees and a 
half east nine hundred and eighty five rods, to the bounds 
first mentioned. 

Sec. 4th. And be it further enacted, That the inhab- 
itants of the aforesaid tract hereby annexed to Fryeburgh, 
shall be held to pay their proportion of all debts and taxes 
owed by the said Plantation of Brownfield, prior to the 
date of this Act. Approved February 20, 1802. 



Acts, 1801. — Chapters 42, 43. 325 



1801. — Chapter 42. 

[January Session, ch. 18.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED GOSHEN, 
OR WYMAN'S PLANTATION, IN THE COUNTY OF KENNEBECK, 
INTO A TOWN BY THE NAME OF VIENNA. 

Sec 1st. Be it enacted by the Senate, and House of 
Representatives in General Court assembled, and by the 
authority of the same That the tract of land as described Boundaries. 
in the following boundaries, in the County of Kennebeck, 
with the inhabitants thereon be, and they are hereby in- 
corporated into a town by the name of Vienna, Beginning 
at the northeast corner of lot, number seventy three on 
the west line of Mount Vernon, or the west line of the 
Plymouth patent, thence northerly to the south east corner 
of New Sharon, thence westerly by the south line of New 
Sharon untill it strikes Gurdy's pond, thence southerly 
up Gurdy's Brook or Stream, so called, and bounding 
thereon, to a large hemlock tree marked, near the mouth 
of Perry's stream, so called, thence south thirty nine 
degrees east one mile, and two hundred rods to Parker's 
Pond, thence easterly across said Pond to the northwest 
corner of said lot, number seventy three, thence easterly 
by the north line of said lot to the bound first mentioned : 
And the said town is hereby vested with all the powers, 
priviledges & immunities to which other towns are entitled 
by the Constitution and Laws of this Commonwealth. 

Sec. 2d. And be it further enacted that Jedediah Pres- First meeting. 
cot esqr. be, and he hereby is authorized to issue his War- 
rant, directed to some suitable inhabitant of said Vienna, 
requiring him to notify and warn the inhabitants of the 
said Vienna, to meet at such convenient time and place as 
shall be expressed in said Warrant, to choose all such Offi- 
cers as towns within this Commonwealth are by law re- 
quired to choose in the months of March or April annually. 

Approved February 20, 1802. 

1801. — Chapter 43. 

[January Session, ch. 19.] 

AN ACT TO EMPOWER THE INHABITANTS OF THE TOWN OF 
MARBLEHEAD TO CHOOSE A BOARD OF HEALTH AND FOR 
REMOVING AND PREVENTING NUISANCES IN SAID TOWN. 

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



326 



Acts, 1801. — Chapter 43. 



Members how 
many, and 
when to be 
chosen. 



Members to 
examine into 
nuisances. 



Civil processes 
not to be served 
under color of 
an entry pur- 
suant to this 
act. 



authority of the same, That the freeholders and other In- 
habitants of the town of Marblehead, qualified to Vote for 
Town Officers, may in the month of March or April an- 
nually, or at any other meeting legally called for the pur- 
pose, choose a Board of Health consisting of nine persons, 
the members of which Board of Health, shall Elect a Presi- 
dent 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 Member to supply 
his Place. 

Sect. 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, Tanyards, fish, fish-houses, docks, 
necessaries, hogsties, putrid animal or vegetable sub- 
stances, 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 nuisances or causes aforesaid to exist in any dwelling 
House, cellar, Store or other building. Ship or Vessel, it 
shall be the duty of such Justice to issue his Warrant, 
directed to the Sheriff of the County of Essex or his 
deputies, or to any Constable of the town of Marblehead, 
commanding him or them forcibly to Enter, and together 
with a Member of said board of Health, to search the same 
in the day time, and upon the discovery of such nuisance, 
or other cause injurious 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 Chatties of any person or persons, under color 
of an}' Entry made for the purposes aforesaid, unless such 
Service could by law have been made without such entry ; 
and all services so made under color of such entry, shall 
be utterly void, and the officer making such service shall 
be considered as a Trespasser to all intents, ab initio. And 
any person or persons, who shall resist such search, shall 
forfeit and pay the sum of Thirteen Dollars, to be recov- 



Acts, 1801. — Chapter 43. 327 

ered in manner hereinafter provided. And it shall be the 
duty of the Board of Health, upon the discovery of any 
such nuisance or other cause injurious to the health of the 
Inhabitants of said Town, forthwith to remove the same. 
And upon complaint to any Justice of the Peace within Justices 
the said Town or in said County, made upon Oath, by one irecte 
or more of said Board of Health, briefly therein Stating 
the facts, together with the Costs of such removal, such 
Justice shall grant a Warrant, therein expressing the sub- 
stance of said Complaint, directed to the Sheriff of the 
County of Essex, or his Deputy, or any Constable of the 
town of Marblehead commanding him to notify and re- 
quire the person or Persons in whose possession, or upon 
whose estate such nuisance or other cause aforesaid existed ; 
or in case of his absence, his Agent or Attorney, to appear 
forthwith before such Justice, and if such person or per- 
sons shall neglect then and there to appear, or appearing 
shall not shew good cause, to the satisfaction of said Jus- 
tice, why Judgment should not pass against him or them ; 
the said Justice shall then and there adjudge that such per- 
son or persons shall pay a fine of Thirteen Dollars, and 
the costs of such removal and double costs of prosecution ; 
and shall thereupon issue his Warrant directed to the 
Sheriff of the County of Essex, or his deputy, or any 
Constable of the Town of Marblehead thereby command- 
ing him to levy the expence of said removal, together with 
said fine and double Costs, on the goods and Estate, and 
for want thereof, on the body of the said occupier or pro- 
prietor 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 said Town. Pro- 
vided always, that any person or persons aggrieved at any Appeal allowed. 
Judgment of a Justice, passed against him or them, as 
aforesaid, shall have a right to appeal 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, as the case may require, 
and thereupon render such Judgment 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 — Provided nevertheless, that Proviso, 
no such appeal shall be granted, unless the respondent 
shall claim the same on the day on which the Justices 
Judgment shall be rendered, and shall enter into recog- 



328 Acts, 1801. — Chapter 43. 

nizance with two sufficient sureties to prosecute said appeal 
with Effect — And said Board shall have authority to ap- 
point Scavengers and such other Officers to assist them in 
the execution of their Office, as they shall Judge neces- 
sary ; for payment of whom, and all necessary expences 
which may arise in the exercise of their office, the said 
Board shall be Authorized to draw upon the Treasurer of 
said Town. 
Sing for sale Sect. 3. Be it further Enacted, that any Person who 
putrid meat, shall offer for sale in the Town of Marblehead, 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 afore- 
said, shall forfeit the sum of two dollars for each barrel 
so offered for sale, or that he shall have in possession — 

Packers of fish And ft shall be the duty of every licenced Packer of Pro- 
ana provisions ,. _. * • • /i . . ., -p. -, 

directed. visions and Pickled nsh, 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 more-over 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 and members, 
are hereby severally authorized to administer 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 forfeit Two dollars for each barrel so re- 
packed, and shall forever be disqualified for serving again 
Fion"at g Mrtain m that capacity ; and no provisions shall be repacked in 
times forbidden tne sa j ( j 'fown of Marblehead, between the first day of 

without permit, . ' , J . 

&c June and the first day of October in any lear, unless in 

such place or places therein, where permission therefor 
shall be Obtained in writing from the Board of Health, 
and any person or persons who shall repack any provi- 
sions within the times aforesaid in the said Town of Mar- 
blehead in any place or places where permission therefor 
in writing hath not been first obtained of said Board of 
Health, shall forfeit the sum of two dollars for each barrel 
so repacked. 
wifhrespect Sect. 4. Be it further Enacted, that no person or per- 

to uiinng sheep, ,s ( >ns, without first obtaining permission therefor from tho 
Board of Health or two members thereof, shall kill any 
sheep or lambs, or expose to Sale within said Town, be- 



Acts, 1801. — Chapter 43. 329 

tween the first day of July and the Twentieth day of Sep- 
tember in any year, the meat of any sheep or lambs, which 
shall have been killed within two days, after such sheep 
or lambs shall have been driven into said Town, and every 
person who, without having first obtained such permission, 
shall within the times aforesaid, kill any sheep or lambs 
within said Town, within two 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 and 
pay for each offence, twenty dollars, and the meat of every 
sheep or lamb so killed shall be forfeited, and the said 
board of Health or any two of them, may, and it shall be 
their duty to seize and remove the same, and dispose 
thereof so as that the health of the Inhabitants 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 plaintiff or prosecutor, shall be held to 
prove that such sheep or lambs, were killed after the ex- 
piration of two 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 direct the places 
hides shall be Stored or kept in the town of Marblehead S^Swge"?" 
aforesaid, between the first day of May and the first day 
of december, except in such place or places as the Board 
of Health shall direct and appoint and that all such hides, 
found in any other place or places in said Town within the 
times last mentioned, 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, and such hides so 
forfeited, shall and may be seized by any two of said 
Board of Health, and shall and may be libelled and tryed 
in the same way and manner, and by the same process as 
is provided for the trial of Gun powder, seized according 
to law — And any person or persons, who shall throw Penaityfor 

,. Tim l-m • i . ,i n i . throwing tilth, 

upon the Wharves or Shores, or into any ot the docks in & c into the 
the Town, any putrid meat, fish, or any other putrid or docks > &c - 
offensive Substance, or any thing contrary to the order 
or regulations of the Board of Health, shall forfeit and 
pay for each offence a sum not less than two dollars nor 



330 



Acts, 1801. — Chapter 43. 



Certain powers 
of the Selectmen 
transferred. 



Visiting 
Physician. 



The Board to 
exercise the 
powers of a 
health com- 
mittee. 



more than thirteen dollars at the discretion of the Court, 
which may have cognizance of such offence ; that all mas- 
ters of vessels who shall throw upon the wharves or 
shores, or into any of the Docks of said Town, without 
permission from the Board of Health any filth or Sweep- 
ings of the Vessels holds, which may endanger the health 
of the Inhabitants of said Town, shall forfeit a sum not 
less than five dollars, nor more than fifty dollars for each 
offence. 

Sect. 6. Be it further Enacted, that all the powers 
& duties which are given to & required of the Select- 
men of the town of Marblehead by a certain Law of this 
Commonwealth, passed the twenty second day of June, 
one thousand seven hundred & ninety seven, entitled, 
" An Act to prevent the spreading of Contagious Sick- 
ness," — & also one other Law of said Commonwealth, 
passed the twenty sixth day of February, eighteen hun- 
dred, entitled, "An Act in addition to an act, entitled, 
" An Act to prevent the spreading of Contagious Sick- 
ness" shall be, & they hereby are transferred to & made 
the duty of the said Board of Health, any thing in said 
Laws to the contrary notwithstanding. 

Sect. 7. Be it further Enacted, that the said Board 
of Health, be & hereby are impowered from time to time, 
to choose a suitable & 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, & 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 spreading of Contagious Sickness," it is enacted, that 
each Town & 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. 

Skct. 8. Be it Enacted, that so much of said Law as 
respects the future appointment of a Health Committee 
for the Town of Marblehead be & the same is hereby re- 
pealed & that the Board of Health to be appointed by 
virtue of this Act, be, & they hereby are made & shall be 



Acts, 1801. — Chapter 44. 331 

the Health Committee for the Town of Marblebead, & be 
invested with all the powers & duties which are granted 
to, or imposed upon said Health Committee in & by said 
Act. 

Sect. 9. Be it farther enacted, that all Penalties & £ p E ristion 
forfeitures arising from this Act, except in those cases in 
which it is herein otherwise provided, shall accrue to the 
use of the Town of Marblehead, & shall be prosecuted & 
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, & prosecute all offenders for all Penalties & forfeit- 
ures which may accrue under the same. 

Approved February 22, 1802. 

1801. — Chapter 44. 

[January Session, ch. 20.] 

AN ACT TO INCORPORATE THE PLANTATION NUMBER TWO, 
IN ABBOT'S PURCHASE, LYING ON BOTH SIDES "OF SANDY 
RIVER, IN THE FIRST RANGE OF TOWNSHIPS, NORTH OF 
GREAT AMERESKOGGEN RIVER, IN THE COUNTY OF KEN- 
NEBECK, INTO A TOWN BY THE NAME OF AVON. 

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 number two, in Bouudanes. 
Abbot's purchase, (so called) lying on both sides of 
Sandy river, in the first range of townships, North of 
Great Amereskoggen river, in the County of Kennebeck, 
with the Inhabitants thereon, as described within the fol- 
lowing bounds, be and they are hereby incorporated into 
a town, by the name of Avon. Northerly by number 
three in the same range, Easterly by the town of Strong, 
Southerly by number one in the same range, and West- 
erly, by the townships numbered five and Six, containing 
twenty two thousand & five hundred Acres, as appears by 
a Survey made by Samuel Titcomb in the year 1793, a 
plan of which is remaining in the office of the Committee 
for the Sale of Eastern Lands, reference thereto being 
had. And the said town of Avon, is hereby invested, 
with ;il I the powers, privileges, rights and immunities, 
with which other towns are vested by the Constitution & 
Laws of this Commonwealth. 



332 



First meeting. 



Acts, 1801. — Chapter 45. 

Sect. 2. And be it further Enacted that William 
Read Esqr. be, and he is hereby authorized to issue his 
Warrant, directed to some suitable inhabitant of said 
Avon, requiring him to notify & warn the Inhabitants of 
the said Town, qualified by law to vote in town affairs, to 
meet at such convenient time & place, as shall be Ex- 
pressed in said Warrant, to choose all such officers as 
towns within this Commonwealth, are by law required to 
choose, in the months of March or April annually. 

Approved February 22, 1802. 



Boundaries. 



1801. — Chapter 45. 

[January Session, ch. 21.] 

AN ACT TO INCORPORATE THE PLANTATION NUMBER TWO, 
OR NEW VINEYARD, IN THE FIRST RANGE OF TOWNSHIPS 
LYING ON THE WEST SIDE OF KENNEBECK RIVER, & NORTH 
OF THE PLYMOUTH CLAIM, IN THE COUNTY OF KENNE- 
BECK, INTO A TOWN BY THE NAME OF NEW VINEYARD. 

Sec. 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 heretofore 
called Number Two or New Vineyard, in the first range 
of Townships lying on the west side of Kennebeck river, 
and north of the Plymouth claim, in the County of Ken- 
nebeck, as described within the following bounds, with 
the inhabitants thereon be, and they are hereby incorpo- 
rated into a town, by the name of New Vineyard. Begin- 
ning at the northwest corner of Anson, thence south six 
miles and one quarter to the southwest corner of said 
Anson, thence west four miles and forty rods on the plan- 
tation called Industry, thence south one mile and one 
hundred & fifty nine rods to Clearwater pond, thence 
southwesterly by said pond, and bounding thereon eighty 
six rods, to the east line of Farmington, thence north two 
hundred and twenty five rods to the northeast corner of 
said Farmington ; thence west one mile, and one hundred 
and ninety six rods to the southwest corner of Strong ; 
thence north seven miles and one hundred and twenty 
five rods to the northeast corner of said Strong ; thence 
east six miles to the bound first mentioned : And the said 
town is hereby invested with all the powers, priviledges, 
rights and immunities with which other towns are vested 
by the Constitution and Laws of this Commonwealth. 



Acts, 1801. — Chapters 46, 47. 333 

Sec. 2d. And be it further enacted, That Supply Flrat meeting. 
Belcher Esqr. be, and he hereby is authorized to issue 
his Warrant, directed to some suitable inhabitant of said 
New Vineyard, requiring him to notify and warn the in- 
habitants of the said town, qualified by law to vote in 
town affairs, to meet at such time and place as shall be 
expressed in said Warrant, to chuse all such Officers 
as other towns within this Commonwealth are by law 
required to choose in the months of March or April 
annually. Approved February 22, 1802. 

1801. — Chapter 46. 

[January Session, ch. 22.] 

AN ACT, IN ADDITION TO THE SEVERAL ACTS PASSED RE- 
SPECTING ANDOVER BRIDGE. 

Be it Enacted by the Senate and House of JRepresenta- 
tives in General Court assembled, and by the authority of 
the same — That the Proprietors of Andover Bridge, in 
the County of Essex, be and hereby are authorized and 
impowered, to rebuild said Bridge, with suitable materials, 
in the manner as in said Acts are provided, to be at least, 
twenty feet in width, instead of twenty eight, as in the 
Acts aforesaid is directed. 

Approved February 25, 1802. 

1801.— Chapter 47. 

[January Session, ch. 23.] 

AN ACT CONTINUING IN FORCE, FOR CERTAIN PURPOSES, TWO 
ACTS HERETOFORE PASSED RESPECTING THE DIVISION OF 
THIS COMMONWEALTH INTO DISTRICTS FOR THE CHOICE OF 
REPRESENTATIVES IN THE CONGRESS OF THE UNITED 
STATES. 

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 passed the twenty seventh day of 
June in the Year of our LORD one thousand seven hun- 
dred & ninety four, entitled "An Act for dividing the 
Commonwealth into districts for the choice of Representa- 
tives in the Congress of the United States, and prescrib- 
ing the mode of Election ; " and also an Act in addition 
thereto passed the sixteenth day of June in the Year of 
Our LORD one thousand seven hundred and ninety six 
be, and hereby are continued in full force for the purpose 



334 



Acts, 1801. — Chapter 48. 



of supplying any vacancy which has happened or which 
may hereafter happen in the Representation of this Com- 
monwealth in the present Congress of the United States 
— and like proceedings for supplying such vacancies 
shall, from time to time, be had, and the same penalties 
for neglect of duty, incurred, as are provided in the sev- 
eral Acts aforesaid. Approved February 25, 1802. 



Managers. 



Bonds and an 
oath required. 



Prizes when to 
be paid, &c. 



1801. —Chapter 48. 

[January Session, ch. 24.] 

AN ACT GRANTING A LOTTERY FOR THE PURPOSE OF REN- 
DERING THE LOCKS AND CANALS AT SOUTH HADLEY PASSA- 
BLE FOR BOATS, AND RAFTS OF TIMBER, WITHOUT THE AID 
OF A DAM ACROSS CONNECTICUT RIVER. 

Sec 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the .same, That the sum of Twenty thousand 
Dollars be raised by lottery for the purpose of rendering 
the Locks and Canals at South Hadley passable for boats 
and rafts of timber, without the aid of a Dam across Con- 
necticut river, and that Thomas Dwight, Justin Ely, Jon- 
athan D wight, Joseph Lyman Junr., and John Williams 
Esquires be, and they hereby are appointed Managers of 
said lottery ; whose business it shall be from time to 
time, to make and publish such scheme or schemes, as 
shall in their opinion best promote the purposes of said 
lottery, and for drawing said lottery and transacting the 
other business thereof. 

Sec 2d. And be it further enacted that the said Mana- 
gers before they enter on the duties of their said office 
shall give seperate bonds to the proprietors of the Locks 
and Canals on Connecticut river, in the sum of Five thou- 
sand Dollars with sufficient surety, each to be answerable 
for his own default, and shall take an oath for the faithful 
performance of said trust. 

Sec. 3d. And be it further enacted, That the prizes 
in said lottery shall be paid by the managers in thirty 
days after the drawing of each class of said lottery is 
completed ; those prizes not demanded within one year 
after the publication of the drawing of the said lottery, 
shall be considered as generously given for the purpose 
for which this lottery is granted. And the Managers are 
hereby directed from time to time as the classes shall be 



Acts, 1801. — Chapter 49. 335 

drawn, to pay to the Treasurer, for the time being, of 
said proprietors of Locks and Canals, the net proceeds 
after deducting the compensation that the said proprietors 
shall allow them for their services. 

Sec. 4th. And be it further enacted, That the Man- schemes, &c. 
agers shall publish the schemes of this lottery, the time ° epu 
and place of drawing, and the list of prizes, in one or 
more of the public News papers. 

Sec. 5th. And be it further enacted, That it shall be Parts of tickets 

. » r n c i not t0 be sold 

the duty of the said Managers, & or every ot them to at an advance, 
prevent, as far as may be, the selling of any fractional 
parts of Tickets ; and if any person shall deceitfully, or 
by any pretence of convenience to the purchasers, make, 
utter or sell any fractional part of a Ticket in the said 
lottery or any class thereof, putting upon any such part 
any advance, the person or persons purchasing such frac- 
tional part of a Ticket, may recover back the whole sum 
which shall appear to have been paid therefor, and may 
have an action for the same for money had and received 
to his or their use. 

Sec. 6th. And be it further enacted, That this Act, K^Ciied! 
as to the grant of the said lottery, shall continue and be 
in force for the term of four years, and untill the end of 
the next session of the General Court which shall be then 
after, and no longer. Approved February 25, 1802. 

1801. — Chapter 49. 

[January Session, ch. 25.] 

AN ACT TO INCORPORATE CERTAIN PERSONS AS TRUSTEES 
OF A FUND FOR THE SUPPORT OF A CONGREGATIONAL 
MINISTER IN THE TOWN OF KINGSTON IN THE COUNTY 
OF PLYMOUTH. 

Whereas there are in the Treasury of the town of Kings- Preamble. 
ton certain Monies <& Securities amounting to Eleven hun- 
dred dollars which the Town at a legal meeting have 
appropriated as a fund for the support of a Congrega- 
tional Minister in said Town and have petitioned the 
Legislature for an Act of incorporation of certain persons 
for the due management thereof — 

Sect. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
Authority of the same, that Zepheniah Willis, John Gray, Trustees. 
Ebenezer Washburn, Jedediah Holmes, John Faunce, 
John Thomas and Jedidiah Holmes Junr. be and are 



336 



Acts, 1801. — Chapter 49. 



Fund limited. 



Trustees to 
execute deeds. 



Annual meet- 
ing. 



hereby appointed Trustees to manage such fund as arc or 
shall l)c raised and appropriated to the use aforesaid in 
and for the town aforesaid, and for that purpose they are 
hereby incorporated into a body politic by the Name of 
The Trustees of the Funds appropriated to the Support 
of a Minister of the Congregational denomination in the 
Town of Kingston, and they and their Successors in said 
Office are hereby vested with full power to receive into 
their hands all Money or Securities for money already 
raised, And all Monies, Subscriptions, donations, securi- 
ties for real or personal Estate that may hereafter be Sub- 
scribed given or raised for the purpose aforesaid and put 
the same to use or interest untill it shall accumulate by 
the interest arising thereon to a Sum the interest of which 
shall be adequate to the support of a Minister as aforesaid 
— Provided that the same fund shall never exceed nine 
thousand dollars in the whole, and to apply the whole or 
so much as may be necessary of the interest arising there- 
from to pay the Salary of such Minister as aforesaid as the 
majority of the Church and Congregation have settled or 
shall settle, but not in any case to lessen or make use of 
any part of the principal, & in case the whole of said annual 
income & interest should be more than sufficient to pay the 
Salary as aforesaid, then the surplus if any there be shall 
be appropriated for the support of Schools in said Town, 
or for enlarging said fund as the town may from time to 
time order or direct, and if it shall so happen that said 
Trustees shall become seized of land, or tenements by 
Mortgage as Security for payment of any debts due to 
said Society, or Corporation, or by levying executions 
on lands for the discharge of debts due to said Trustees 
or Town and the fee thereof shall in due Course of law be 
Vested therein, it shall be lawful for said Trustees for the 

time being: to execute g:ood and well authenticated war- 
es ~ 

rantee deeds of the same. 

Sect. 2. Be it further Enacted, That the Trustees 
before mentioned shall forever hereafter hold a meeting 
in the Town of Kingston in the Month of April annually, 
the time and place of said meeting to be notified by the 
major part of the Trustees by posting an Advertisement 
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 choose a Treasurer with 
whom the money or securities for money constituting the 



Acts, 1801. — Chapter 50. 337 

funds may be deposited, and who shall under the controul 
and by the order of the Trustees or major part of them 
receive in, demand, sue for and recover as well from all 
subscribers to said fund their heirs executors and admin- 
istrators, the sums they have respectively subscribed for 
the purposes aforesaid or the interest of the same only, as 
from any person who shall hereafter subscribe a sum for 
the purposes aforesaid his heirs executors and administra- 
tors, and shall deliver up or pay out such money or secu- 
rities, and the person so chosen shall give bond if required 
at the discretion of the Trustees for the faithful performance 
of his duty, and the major part of the Trustees present at £[ e e *k, U and and 
such meeting are also empowered to choose a Clerk annually their duties. 
who shall be under Oath to keep a true record of the pro- 
ceedings and doing of the Trustees, and the Trustees are 
further empowered from time to time, at any of their meet- 
ings in the manner aforesaid, to fill up the Vacancies occa- 
sioned by the death, resignation or removal of the Trustees. 

Sect. 3. Be it farther Enacted That the said town Trustees 
shall have full power from time to time to call said Trus- to C the n to a wn. 
tees to an Account for their conduct in managing said fund, 
and the estate of each Trustee shall be liable to be taken 
in execution on any judgment against such Trustees, re- 
covered by the said town which is hereby authorized to 
commence and prosecute an Action against said Trustees 
or any of them for any embezzlement or neglect of refund- 
ing monies in their hands, and the debt or damage recov- 
ered by the said town in any such Judgment shall be to 
and for the Use aforesaid. 

Sect. 4. Be it further Enacted, That if Judgment J^'K?,? 
shall be recovered against the said Trustees or any of them office - 
for embezzlement or neglect as aforesaid such Trustee or 
Trustees shall by that fact vacate his or their said Office, 
and the Vacancy shall be filled up in the manner before 
provided. Approved February 26, 1802. 

1801. — Chapter 50. 

[January Session, ch. 26.] 

AN ACT TO INCORPORATE JOSEPH WOODMAN AND OTHERS 
FOR THE PURPOSE OF MAINTAINING A BOOM ACROSS SAUKO 
RIVER, BETWEEN BUXTON AND PHILLIPSBURGH IN THE 
COUNTY OF YORK. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 



338 



Acts, 1801. — Chapter 50. 



Persons 
incorporated. 



Proprietors 
to meet and 
choose a treas- 
urer & clerk. 



A record of 
rules, &c. 
enjoined. 



authority of the same, That Joseph Woodman, Stephen 
Hopkinson, Kichard Palmer, Joseph liankins, Andrew 
Palmer, Joseph Spencer, Stephen Woodman, John Gar- 
land, John Woodman, John Smith, Edmund Woodman, 
John Edgarly, James Woodman, Moses Atkinson and 
William Woodsom, together with such others as now are 
or may hereafter become proprietors in the said Boom be, 
& hereby are constituted and made a Corporation for lay- 
ing and maintaining a Boom across Sauko river by the 
name and style of The Proprietors of the Bar-mill Boom, 
and by that name may sue and be sued, prosecute and be 
prosecuted to final judgment & execution, and to do and 
sutler all such matters and things as bodies corporate may 
or ought to do and suffer ; and the said Corporation shall 
have power to keep and use a common seal, and the same 
to break, alter and renew at pleasure. 

Sec* 2d. And be it further enacted, That the said 
Joseph Woodman and others his associates, or any five of 
them, may by an advertisement posted up at some public 
place or places in each of the said towns of Buxton and 
Phillipsburgh, call a meeting of the said Proprietors, to 
be holden at some suitable time and place, giving at least 
ten days notice of such meeting; and the sd. proprietors 
being so met, by a vote of the major part of the proprie- 
tors present or represented at said meetings, shall proceed 
to choose a Clerk & Treasurer and such other Officers 
as they may from time to time find necessary, who shall 
be duly sworn to the faithful discharge of their respective 
trusts, and shall also agree upon a method for calling 
future meetings of the said proprietors, and at the same 
or any subsequent meeting may make and establish any 
rules and regulations which may be found necessary or 
convenient for regulating the said Corporation, for col- 
lecting the toll or fees herein established, and for the 
more effectually executing and completing the general 
purposes of this Act ; and shall have power to assess and 
recover reasonable fines and penalties for any breach or 
breaches of such rules and regulations, not exceeding fifty 
Dollars : Provided that such rules and regulations shall 
not be repugnant to the Constitution or Laws of this 
Commonwealth ; and all applications or representations 
made at such meetings, shall be in writing, and signed 
with the name of the person making the same, which shall 
be filed with and recorded by the Clerk; and this Act, 



Acts, 1801. — Chapter 50. 339 

with all the rules, regulations, votes and doings of the 
said Corporation shall be fairly and truely recorded by the 
said Clerk in a book or books for that purpose to be pro- 
vided and kept. 

Sec. 3d. And be it further enacted, That the said Fees- 
Corporation shall be entitled to, and receive of the re- 
spective owner or owners of masts, logs and other timber 
which shall or may be rafted and secured at said Boom 
by any person or persons not a proprietor thereof, the 
following respective fees or toll, viz. For each mast, six 
Cents — For each mill log of more than one foot diame- 
ter, two Cents — For each ton of oak, pine or other timber, 
three Cents — For each thousand feet of ranging timber, 
six Cents : provided however, that the fees or toll afore- 
said shall at all times hereafter be subject to the revision 
and alteration of the Legislature. 

Sec. 4th. And be [it] further enacted, That for the Fees may be 
securing and recovering the payment of the respective Bne 
fees or toll aforesaid it shall be lawful for the said Corpo- 
ration, by their Agent or other person whom they may 
appoint for that purpose, to sue for & recover, in a due 
course of law, by an action of debt, all such fees for raft- 
ing masts, logs and timber as aforesaid, when payment 
shall be refused by the person or persons subject to pay 
the same. 

Sec. 5th. And be it further enacted, That any person Penalty for 
or persons who shall wilfully & maliciously injure or de- &c. 
stroy the said Boom, or any of its appendages, or means 
of using and improving the same, shall be liable to pay 
such reasonable damages with costs of suit, as shall be 
determined in a due course of law, to be sued for and 
recovered by the said proprietors, in an action of tress- 
pass, or on the case. 

Sec. 6th. And be it further enacted, That said pro- Proprietors, 
prietors, and those in their employ, or other person or oveV^ny^nd, 
persons who may have occasion therefor, shall have free boom, upon 
liberty to pass and repass on foot, to and from the Boom dn/ons ° 0D ' 
aforesaid over the lands on the banks of both sides of said 
Sauko river, through which it may be necessary to pass in 
taking care of, guiding and rafting masts, logs & other 
timber as aforesaid, and for the securing the same to the 
banks or shores of said river, or at the Boom aforesaid ; 
and also to make any repairs which may from time to time 
be necessary in swinging the said Boom, subject however 



340 



Acts, 1801. — Chapter 51. 



Certain timber 
&c. to be 
turned through 
the boom. 



to pay such reasonable sum to the owner or possessor of 
such land for damages done to the same, or their appur- 
tenances which may arise or happen thereto in prosecut- 
ing the said business of rafting and securing as aforesaid, 
which damages shall be determined and adjudged by some 
disinterested person or persons mutually chosen by the 
owner or possessor of the land thus damaged, and the 
person or persons who may be charged with committing 
such damage, and the proprietors of the said Boom, as the 
case may be ; and in case they cannot agree, such person 
or persons to be appointed by any disinterested Justice 
of the Peace, or by the Court of General Sessions for the 
said County of York, whose determination shall be the 
measure of such damage. Provided that said proprietors 
shall not, nor any person employed in said business, take 
down or remove any bars or fences belonging to the owner 
or possessor of said lands, without liberty first obtained 
of the owner or possessor thereof. 

Sec. 7tii. And be it farther enacted, That the said 
Proprietors shall from time to time, as soon as such masts 
logs & other timber can be conveniently secured, take 
care, and cause to be turned through the said Boom, all 
such masts logs & other timber aforesaid, coming down 
said river, as shall not belong to the said proprietors or 
others, secured or to be secured for the use of such owners 
of masts, logs or other timber as aforesaid. 

Approved February 26, 1802. 



Preamble. 



1801. — Chapter 51. 

[January Session, ch. 27.] 

AN ACT IN FURTHER ADDITION TO AN ACT ENTITLED "AN 
ACT ESTABLISHING THE NINTH MASSACHUSETTS TURNPIKE 
CORPORATION." 

Whereas in the first enacting clause in the said Act, the 
said Corporation are entitled at each of their Turnpike 
Gates to receive for all oxen, hoi'ses mules and neat cattle 
led or driven, besides those in teams and carriages, two 
Gents each, For all Sheep and Sivine three Cents by the 
dozen, For every Chaise Chair or other carriage drawn by 
one horse, nine Cents, which rates of toll are considered 
unequal, Therefore 

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



Acts, 1801. — Chapters 52, 53. 341 

of the same, That the said Corporation, from and after the Oxen, &c.to 
first day of April next, shall let oxen, horses, mules and p 
neat cattle, led or driven, besides those in teams and car- 
riages, Sheep and Swine pass their Turnpike Gates free 
from toll, and be entitled to receive at each of their Turn- 
pike Gates for every Chaise, Chair or other carriage drawn 
by one horse twelve Cents five milles, any thing in the said 
incorporating Act to the contrary notwithstanding. 

Approved February 27, 1802. , 

1801, — Chapter 52. 

[January Session, ch. 28.] 

AN ACT FOR ALLOWING A FURTHER TIME TO THE PROPRIE- 
TORS OF CONNECTICUTT RIVER BRIDGE FOR COMPLETING 
THE SAME. 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the Authority 
of the Same, that a farther time of One year from the 
first day of May next, be and hereby is allowed to said 
Proprietors to Complete their Bridge, any thing in the 
Original Act, or an Act in addition thereto, passed the 
fourth day of February, in the year Eighteen hundred, 
notwithstanding. Approved February 27, 1802. . 

1801. — Chapter 53. 

[January Session, ch. 29.] 

AN ACT IN FURTHER ADDITION TO AN ACT ENTITLED "AN 
ACT TO REGULATE THE ALEWIFE FISHERY IN THE TOWN 
OF BRIDGWATER IN THE COUNTY OF PLYMOUTH AND FOR 
REPEALING ALL LAWS HERETOFORE MADE FOR THAT PUR- 
POSE," PASSED IN THE YEAR OF OUR LORD ONE THOUSAND 
SEVEN HUNDRED AND 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 it shall and may be lawful for the town of 
Bridgewater in the County of Plymouth hereafter to take 
the fish, called Alewives, in said Town at such times & 
places, as were provided in an Act entitled " An Act for 
regulating the Ale wife fishery in the town of Bridgewater 
in the County of Plymouth, and for repealing all laws 
heretofore made for that purpose," passed the ninth day 
of March in the year of Our LORD one thousand seven 
hundred and ninety one, any law to which this is in addi- 
tion to the Contrary notwithstanding. 

Approved February 27, 1802. 



342 



Acts, 1801. — Chapter 54. 



Preamble. 



Persons 
incorporated. 



1801. — Chapter 54. 

[January Session, ch.30.] 

AN ACT FOR INCORPORATING A NUMBER OF THE INHABIT- 
ANTS OF THE TOWN OF PLYMOUTH, IN THE COUNTY OF 
PLYMOUTH, INTO A SEPERATE PARISH. 

Whereas a number of the inhabitants of the town of 
Plymouth have petitioned this Court, to be incorporated 
into a seperaie parish, and it appearing reasonable, that 
the prayer of said petition be granted. 

Sec. 1st. Be it therefore enacted by the Senate and 
House of Representatives , in General Court assembled, and 
by the authority of the same, That John Bishop, Benjamin 
Warren, Nathan Read, David Diman, Lot Harlow, Jesse 
Bartlett, Samuel Robbins, Barnabas Churchill, Anthony 
Dike, William Weston Junr., Anthony Dike Junr., Moses 
Nichols, Seth Harlow Junr. Sylvanus Churchill, James 
Morton, Thaddeus Churchill, Solomon Churchill, Joseph 
Bartlett, Nathaniel Bartlett the fourth, Thomas Morton 
the third, John Bartlett Junr. Joseph Warren Nellson, 
Lemuel Cobb, Thaddeus Faunce, Jesse Harlow Junr. 
Nathaniel Clark Junr., Benjamin Warren Junr., Zacheus 
Kempton, Sylvanus Bartlett, William Ryder, Nicholas 
Smith, John Swift, John Swift Junr., Gilbert Holmes, 
Samuel Holmes Junr., Caleb Battles, Thaddeus Churchill 
Jun., Ephraim Morton, Joseph Swift, John Bishop Junr., 
Caleb Faunce, Nathaniel Harlow, Ansel Lucas, William 
Nellson, Clark Raymond, Branch Churchill, Elnathan 
Holmes Junr., Amaziah Harlow, Jesse Robbins, Charles 
Robbins, Joseph Ryder, Stephen Bartlett, George Bacon, 
Nathaniel Clark the third, William Davie Junr., Lemuel 
Robbins, William Robbins, Jabez Swift, William Brad- 
ford, Joshua Torrey, Jacob Howland, Nathaniel Sylvester, 
Thomas Covington Junr., Samuel Churchill, George Ryder, 
Nathan Holmes, Moses Breck, Daniel Doten, Benjamin 
Morton, Bela Lucas, Benjamin Lucas, David Holmes, 
George Thrasher, Elijah Macumber, Joseph Brainhall, 
Thomas Morton, Nathaniel Warren Leonard, Job Cobb, 
Barnabas Faunce, John Clark, Lemuel Cobb Junr., Thad- 
deus Ripley, Nathaniel Clark, William Holmes Junr., 
William Sargent junr., David Holmes Junr., Elijah Don- 
ham, Seth Harlow, Elkanah Bartlett Junr., Robert Finney, 
Levi Whiting, Nathaniel Doten, George Sampson, Joseph 
Whiting, Oliver Kempton, John Perry, Zouth Clark, 



Acts, 1801. — Chapter 54. 343 

Lemuel Leach, Clark Finney, Elkanah Finney, Isaac 
Bartlett, Moses Hoyt, Joseph Holmes, Ephraim Whiting, 
Diman Bartlett, Andrew Bartlett Junr., George Finney, 
Nathan Whiting, William Manter, Ansell Bartlett, John 
Donham, Amaziah Churchill Junr., Abraham Whiting, 
Nicholas Smith Junr. William Parsons, Seth Robbins, 
Gersham Barden, Isaac Howland, Nathaniel Robbins, 
Chandler Holmes, Ebenezer Davie, Elkanah Bartlett, Na- 
thaniel Kempton, Samuel Churchill the third, Lewis Fin- 
ney, Prince Doten, Willson Churchill, William Donham, 
Benjamin Drew Junr. Ansel Robbins, John Doten Junr., 
Isaac Donham, Thomas Marsh, Jonathan Crowell, Samuel 
Ryder, John Doten, Pelham Bradford, Caleb Churchill, 
Seth Ryder, Joseph Croswell, Josiah Diman, Nathaniel 
Churchill, Rufus Goddard, Perez Peterson, Deborah 
Kempton, Joanna Kempton, Rebecca Morton, Patience 
Diman, Elizabeth Savory, Polly Darling, Hannah Rider 
and Rebecca Diman, the petitioners, together with their 
polls and estates be and hereby are incorporated into a 
parish by the name of the Third Congregational Society corporate 
in Plymouth with all the priviledges, powers and immu- 
nities which other parishes in this Commonwealth are en- 
titled to by law. 

Sec. 2d. Be it further enacted by the authority afore- 
mid, That any of said Society, or any inhabitants of the Persons at 
first precinct in Plymouth, shall have full liberty to join the^o'cie^y'or 
themselves with their families and estates that they hold P reclnct - 
in their own right, to said Society or precinct respectively 
at any time within two years from the passing of this act. 
Provided they shall first signify in writing under their 
hands to the Clerk of said town of Plymouth, their deter- 
mination of being considered as belonging to the Society 
or Parish to which they may join themselves as aforesaid. 

Sec. 3d. Be it further enacted by the authority afore- 
said, That forever after the expiration of the said two How to join 
years, any of said Society, or any inhabitant of the first precinct! y °' 
precinct aforesaid, shall be considered as belonging to said 
Society or Precinct respectively, with their families and 
estates, by signifying their determination in writing to the 
Clerk of said town as aforesaid, and at the expiration of 
eighteen months after signifying such determination in 
manner abovesaid ; provided the party applying shall 
not have withdrawn said application before the expiration 
of said term. 



344 



Acts, 1801. — Chapter 54. 



Persons to be 
considered 
members till 
they declare 
the contrary 
in form. 



Regulation 
respecting 
taxes. 



Explanation 

respecting 

estate. 



Members may 
be permitted 
to change their 
situations. 



Sec. 4th. And be it further enacted by the authority 
aforesaid, That the Members of said Society & Precinct 
respectively, & their families shall be deemed and consid- 
ered as continuing Members of said Society and Precinct 
respectively with their estates for the time being, untill 
their relation shall be changed, in manner as above pre- 
scribed. 

Sec. 5th. Be it further enacted by the Authority afore- 
said, That the estate real and personal of any member of 
said Society or of said Precinct, shall be taxable by said 
Society or precinct respectively, only in, by and for the 
Society or Precinct to which the person owning such prop- 
erty shall or may belong at the time of making such tax ; 
and any person leaving either said Society or Precinct 
in manner as above mentioned shall be holden to pay all 
taxes remaining assessed upon him at the time of his ceas- 
ing to be a member of said Society or precinct respectively. 

Sec. 6th. Be it further enacted by the Authority 
aforesaid, That the word estate mentioned in this Act, so 
far as it relates to real estate shall extend only to such 
real estate as the members of said Society and inhabitants 
of said Precinct hold, or may hold in their own right. 
And that Joshua Thomas esqr. , or any other Justice of the 
Peace in the County of Plymouth be, and is hereby au- 
thorized to issue his Warrant directed to some principal 
person or member of said Society, requiring him to warn 
the Members of said Society qualified to vote in Parish 
affairs, to assemble at some suitable time and place in said 
town, to choose such Officers as parishes are by law re- 
quired to choose in the month of March or April annually ; 
and to transact all such matters and things as are necessary 
to be done in said Parish. 

Sec. 7th. And be it further enacted by the Authority 
aforesaid, That at any meeting of said Society, or said 
first Precinct regularly warned according to law for that 
purpose, said Society and said Precinct shall respectively 
have the power by vote, to permit any individual member 
of said Society or Precinct to change his relative situa- 
tion, and join himself with his family and all his estate, 
to either said Precinct or Society as he may request, and 
the same vote being recorded, shall effectually transfer 
said Member with his family and estate, according to the 
meaning of said vote. Approved March 1, 1802. 



Acts, 1801. — Chapter 55. 345 

1801. — Chapter 55. 

[January Session, ch. 31.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
IN THE TOWN OF PARSONSFIELD IN THE COUNTY OF YORK 
INTO A DISTINCT RELIGIOUS SOCIETY BY THE NAME OF 
THE CONGREGATIONAL SOCIETY IN PARSONSFIELD. 

Sect. 1. Be it Unacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that Thomas Parsons, Joseph Doe, Persons 
Joseph Parsons, Josiah Colcord, William Adams, James inc01 P° rate • 
Hobbs, Israel Hodgdon, John Sanborn, Benjamin Batchel- 
der, John Tuck, Ebenezer Doe, John Wedgwood, George 
Lord, Samuel Hobbs, Dudly Page, Simon Marston, 
Josiah Tuck, Samuel Hobbs, Levi Moulton, Keuben 
Dearborn, Thomas Leavitt, Taylor Page, Stephen Mer- 
rill, Nicholas Emery, Andrew Gilman, Nathaniel Neal, 
Stephen Parsons, Samuel Garland, Job Colcord, Asa 
Pease, and Josiah Pease, having for their pastor or 
teacher in religion the Reverend Benjamin Rolfe regularly 
settled in said town a Congregational Minister, with their 
families and estates, together with such others as have 
already associated themselves, or may hereafter associate 
themselves for the same purpose, in manner herein after 
prescribed, be and hereby are incorporated into a Relig- 
ious Society by the name of The Congregational Society 
in Parsonsfield, with all the Powers, privileges and im- 
munities to which Parishes in this Commonwealth are by 
law entitled. 

Sect. 2. Be it further Enacted, that any Inhabitant ^^e^ofThe 
of said town of Parsonsfield, who may at any time here- society. 
after become a member of and unite in Religious worship 
with the society aforesaid, and give in his or her Certifi- 
cate in Writing, by him or her signed to the Clerk of the 
Society aforesaid, that he or she wishes or consents to be- 
come a member of said Society, at any time within thirty 
days previous to or at the meetings of said Society to be 
held in the month of March or April annually, shall from 
and after the giving in his or her certificate as aforesaid, 
with his or her polls and Estates, be considered as a mem- 
ber of said Society. 

Sect. 3. Be it further Enacted, that when any mem- how to leave 
ber of said Congregational Society shall see cause to leave 8iud soc ety ' 
the Same, and unite in Religious worship with any other 



346 



Acts, 1801. — Chapter 56. 



Empowered 
with respect 
to real estate. 



First meeting. 



religious Society ; and shall give in his or her name to the 
Clerk of said Congregational Society, with a certificate 
signed by the Minister or clerk of the Parish, or other 
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 religious So- 
ciety fourteen days at least previous to the meeting of 
said Congregational Society in March or April annually ; 
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 considered as a member of the Society to 
which he or she has so united. 

Sect. 4. Be it further Unacted, that said Congrega- 
tional Society, be and hereby is invested with the right to, 
and controul over all the Real Estate heretofore granted, 
bargained, sold, exchanged, reserved, given or appro- 
priated to the Congregational Society, or for the support 
or use of the Congregational Ministry in said Town, with 
the appurtenances thereof, except the acre of land con- 
veyed by said town to said Rolfe, to be held and appro- 
priated by said Society for the sole use and benefit of the 
Congregational Ministry in said town forever. 

Sect. 5. And be it further Unacted, that Thomas 
Parsons Esqr., or any other Justice of the Peace in said 
County of York, be and hereby is authorised and im- 
powered to issue his Warrant directed to some suitable 
member of the said Society, requiring him to notify and 
warn 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. Approved March 2, 1802. 



Boundaries. 



1801. — Chapter 56. 

[January Session, ch. 32.] 

AN ACT FOR INCORPORATING THE HORSE NECK, SO CALLED, 
AND ALL THE SALT MEADOWS ADJOINING, IN THE TOWN 
OF WESTPORT IN THE COUNTY OF BRISTOL, INTO A COM- 
MON AND GENERAL FIELD. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, & by the authority of 
the same, That all the Horse Neck, so called, and Salt 
Meadows adjoining, lying in said Westport within the 
following discription and boundaries, viz. Beginning at 



Acts, 1801. — Chapter 57. 347 

the Sea shore on the west side of the highway which is the 
dividing line between Dartmouth and Westport ; thence 
southwesterly as the Drift way goes by the Sea shore to 
Gooseberry neck, so called ; thence northwesterly as the 
sd. Drift way goes by the Sea shore to the harbour of 
Westport rivers, thence northerly and easterly, including 
all the said Horse neck and Salt meadows adjoining, untill 
it comes to the south side of a pond, about eighty rods 
westerly from the aforesaid highway, which pond in run- 
ning out the highway aforesaid, was left for a watering 
place, thence from the south side of said pond in the line 
of the said watering place, untill it comes to the southeast 
corner of Job Almy's homestead farm, thence south in the 
line of the said highway to the Sea shore first mentioned, 
be, and hereby are incorporated into one common and 
general Field, and all the proprietors and owners of said 
Horse Neck and Salt meadows adjoining within the afore- 
said described boundaries, are hereby vested with all the 
powers and priviledges, which the proprietors of land in 
General Fields by law are invested with. 

Apx>roved March 2, 1802. 

1801. — Chapter 57. 

[January Session, ch. 33.] 

AN ACT TO SETT OFF A CERTAIN TRACT OF LAND WITH THE 
INHABITANTS THEREON, FROM THE TOWN OF WESTFIELD 
IN THE COUNTY OF HAMPSHIRE, & TO ANNEX IT TO THE 
TOWN OF WEST SPRINGFIELD IN THE SAME COUNTY. 

Sectn. 1. Be it Enacted by the Senate and House of 
Representatives in General Court assembled and by the 
Authority of the same, that Josiah Dewey, Pliny Loomis, Boundaries. 
Joel Dewey, Seth Victs, Joseph Rice, Noah Copley, Ben- 
jamin Copley, Darius Smith, Josiah Dewey Junr., John 
Smith and Juba Smith, with their polls & estates, together 
with all the land within the following limits, vizt. begin- 
ning at the northeast corner bounds of the Town of South- 
wick, and running northwardly on the ridge of the mountain 
which was formerly the bounds between Springfield & 
Westfield untill it strikes Westfield or Agawam River 
near Morley's bridge, and from thence on a Straight line 
to a White Oak Tree on the North side of said River, be- 
ing the bounds between West Springfield & Westfield, be 
set off from the town of Westfield & annexed to the town 
of West Springfield. 



348 Acts, 1801. — Chapters 58, 59. 



Sectn. 2. Be it further Enacted by the authority 
Annexed to aforesaid, that the said Tract of land with the Inhabitants 
thereon shall hereafter be a part of West Springfield, and 
shall be considered as making part of the fourth parish in 
said Town — Provided nevertheless, that the persons afore- 
said and all persons owning land in said Tract hereby set 
off, shall be held to pay all Taxes now assessed on them 
by the Town of Westfield. Approved March 3, 1802. 

1801. — Chapter 5S. 

[January Session, ch. 34.] 

AN ACT TO INCORPORATE CERTAIN LANDS IN THE TOWN OF 
DEDHAM, IN THE COUNTY OF NORFOLK, INTO A COMMON 
FIELD. 

Be it enacted by the Senate, and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That the land in Dedham, lying within the 
limits hereafter expressed, known by the name of Fowl 
Meadow, beginning at the Major's Bridge, so called, then 
eastwardly, in part, on the Causey, and in part on the land 
of George White & Michael Harmon, then northwardly 
on land of said White and Harmon, in part, and on land 
of Daniel Fisher, or Asa Fisher Junr. till it comes to 
Neponset River ; then on said river to the bridge afore- 
said, be, and hereby are incorporated into a common and 
general Field ; and the owners thereof are invested with 
all the powers and priviledges which the owners of com- 
mon and general Fields are or may be invested by law. 

Approved March 3, 1802. 

1801. — Chapter 59. 

[January Session, ch. 35.] 

AN ACT TO PREVENT THE DESTRUCTION OF THE FISH CALLED 
ALEWIVES, IN THEIR PASSAGE UP AND DOWN IN THE 
RIVER & OTHER STREAMS IN THE TOWN OF KINGSTON IN 
THE COUNTY OF PLYMOUTH, AND FOR REGULATING THE 
TAKING AND DISPOSING OF SAID FISH; AND FOR REPEAL- 
ING AN ACT ENTITLED « AN ACT TO PREVENT THE DESTRUC- 
TION OF THE FISH CALLED ALEWIVES, IN THEIR PASSAGE 
UP THE RIVERS AND STREAMS IN THE TOWN OF KINGS- 
TON IN THE COUNTY OF PLYMOUTH." 

Sec. 1st. Be it enacted by the /Senate and House of 

Representatives in General Court assembled, and by the 

Fish committee authority of the same, That the inhabitants of said town 

to be chosen. J J 



Acts, 1801. — Chapter 59. 349 

of Kingston, at their annual meeting in March or April, 
be, and are hereby authorized and empowered to choose 
a Committee of five or more persons, to see that the laws 
respecting the passageways for said fish, be observed ; and 
each person so chosen shall take an oath faithfully to dis- 
charge the duties required of him by law : And said Com- Price of the 

o -» ** m tieh to be fHtiib- 

mittee shall oversee the taking of said fish in said town, ii 8 hed. 
and shall distribute the fish taken by them, or under their 
direction 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 and delivered, the Committee 
aforesaid shall demand and receive of the person or per- 
sons receiving said fish, payment therefor at such rate or 
rates as the inhabitants of said town at their annual meet- 
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, and who in the opinion of 
the Selectmen are unable to pay for the same, which list 
shall be given to the Committee, and the persons borne 
on the same shall be supplied with such quantities of said 
fish gratis, as the Committee may think expedient. And 
the Committee aforesaid shall have such allowance for their 
services, as the inhabitants of said town at the time of Annual settie- 

• t r-i • iiiij • liii ment to be 

appointing said Committee shall determine ; and shall made. 
annually in the month of September next following their 
appointment exhibit their accounts to the Selectmen of said 
town for settlement and allowance, and pay the balance re- 
maining in their hands, if any there be, to the Treasurer 
of the town of Kingston for the town's use. 

Sec. 2d. And be it further enacted by the Authority 
aforesaid, That the said Committee or the major part of ^ m ^ e d t0 
them be, and are hereby authorized and empowered to open dams, 

-r^ ,1 i-ii • f -»,r-n ,i i with a proviso. 

open any Dam or the Sluice of any Mill or other water 
works, erected, or that may be erected on, or across the 
river or any of the streams in said town, at the expense 
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 : And the Committee shall also have 
full power to remove any other obstructions that may be 
made to the free passage of said fish in the river & other 
streams into the several ponds in said town, and for their 
repassing from said ponds into the sea : And the said m ° m "ot'to" 
Committee or either of them going or passing on or across 4 be deemed 

o e i o trespassers. 



350 



Acts, 1801. — Chapter 59. 



Penalty for 
diking fish 
without leave. 



Recovery of 
penalties. 



Parents, &c. 
answerable for 
minors. 



the lands of any person for any of the aforementioned pur- 
poses, shall not be deemed or held as a trespass and any 
Dam or Sluice or passage way that may be opened as afore- 
said, shall continue open to such depth and width, and for 
such length of time, as shall be necessary for the passing 
or repassing of the said fish as aforesaid. And if any per- 
son or persons shall obstruct the passage way allowed or 
ordered by said Committee, or the major part of them, in 
any Dam or Sluice way, or shall obstruct the passage of 
them in the river or any of the streams in said town, such 
person or persons so offending, shall forfeit and pay a sum 
not exceeding one hundred Dollars, nor less than fifty 
Dollars. 

Sec. 3d. And be it further enacted by 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 river or in 
any part of any of the streams in said town, at any time 
or by any ways or means whatsoever, each person so 
offending shall forfeit and pay a sum not exceeding twenty 
five Dollars nor less than five Dollars for every such 
offence. 

Sec. 4th. And be it further enacted by the Authority 
aforesaid, That the town of Kingston at their meeting in 
March or April annually, shall appoint particular places 
in each stream in said town, where said fish may be taken ; 
& no Committee man, or person by them employed, or 
purchaser shall be deemed a trespasser in going on the 
lands of any person in order to take said fish, on their 
paying a reasonable compensation therefor if required. 
And the Committee chosen as aforesaid shall appoint cer- 
tain days in each week from the first day of April annually, 
not exceeding four for four weeks successively, when the 
said fish shall be taken, and shall put up notifications in 
two public places in said town, of the times and places for 
taking said fish, before the tenth day of April annually. 

Sec. 5th. And be it further enacted by the Authority 
aforesaid, That all penalties incurred by the breach of this 
Act may be sued for and recovered by the Treasurer of 
the town of Kingston, 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. And in case any minor or minors shall offend 
against any part of this act, and thereby incur any of the 



Acts, 1801. — Chapters 60, 61. 351 

penalties aforesaid, in all such cases, the parents, masters 
or guardians of such minor or minors, shall he answerable 
therefor, and in case of a prosecution of such minor or 
minors for any snch offence, the action shall be commenced 
against the parents, masters or guardians of such minor 
or minors respectively, and judgment be rendered against 
any parent, master or guardian in such case, in the same 
manner as for his or their personal offence. And no per- 
son by reason of being an inhabitant of said town, or one 
of said Committee, shall be thereby disqualified from being 
a witness in any prosecution for a breach of this act. 

Sec. 6th. And be it further enacted by the Authority 
aforesaid, That an Act entitled, " An Act to prevent the Former act 
destruction of the fish called Ale wives, in their passage repeaIe 
up the rivers and streams in the town of Kingston in the 
County of Plymouth " passed on the eighth day of Novem- 
ber in the year of our Lord, One thousand seven hundred 
and eighty five, be, and the same is hereby repealed. 

Approved March 3, 1802. 

1801. — Chapter 60. 

[January Session, ch. 36.] 

AN ACT ESTABLISHING AN ADDITIONAL TERM OF THE COURT 
OF COMMON PLEAS FOR THE COUNTY OF NORFOLK. 

Be it Enacted by the Senate and House of Representa- 
tives in General Court assembled , and by the Authority 
of the same, That there be held and kept at Dedham 
within and for the said County of Norfolk on the first 
Tuesday of January annually, a Court of Common Pleas, 
in addition to the Terms now by Law established for said 
County, and all Officers are directed to govern themselves 
accordingly. Approved March 3, 1802. 

1801. — Chapter 61. 

[January Session, ch. 37.] 

AN ACT TO REGULATE THE ALEWIFE FISHERY IN THE TOWNS 
OF, LYNN, LYNNFIELD, AND READING, IN THE COUNTIES 
OF ESSEX AND MIDDLESEX, AND FOR REPEALING ALL LAWS 
HERETOFORE MADE FOR [FOR] THAT PURPOSE. 

Section 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 law- Privilege of 

ufihlnfX ID&V DG 

ful for the towns of Lynn & Lynnfield, respectively, in sold. 



352 



Acts, 1801. — Chapter 61. 



Penalty for 
illegally taking 
the lien. 



Penalty for 
refusing to 
sell the fish. 



Fish commit- 
tees to be 
chosen. 



the County of Essex, and the town of Reading in the 
County of Middlesex, annually, at any legal meeting of 
the Inhabitants of said towns, to sell or otherwise dispose 
of the privilege of taking the said fish within their re- 
spective limits, at such times, not exceeding three days 
in a Week, and places, and under such regulations, as the 
said towns shall respectively direct ; and the emolument 
arising from said privilege, shall be severally appro- 
priated by said towns, to such purposes and uses, as the 
Inhabitants thereof, shall, in town meetings, from time to 
time, determine. 

Section 2. And be it further enacted, That if the 
purchaser or purchasers, manager or manager [s], or those 
employed by them, shall presume to take any of the said 
fish at any other time or Place in said towns, or any of 
them, than shall be by said towns respectively deter- 
mined ; and if any other person or persons whatever, 
except the purchaser, or purchasers, manager or manag- 
ers of said privi ledge, or those employed by them, shall 
presume to take or catch any of said fish, in any of the 
rivers or Streams, within the boundaries of said towns 
respectively, otherwise than may be by said towns re- 
spectively determined, he or they, so offending, shall, for 
each offence, forfeit and pay a sum not exceeding Thirteen 
dollars, nor less than one dollar, at the discretion of the 
Justice before whom the same shall be tried. 

Section 3. And be it further Enacted, that if the 
purchaser or purchasers, manager or managers of said 
privilege, shall, when in his or their power, neglect, or 
refuse to supply any person or persons with said fish when 
green, in any quantity not exceeding One hundred, to 
any one person, who may apply therefor, at such rates as 
shall be determined by said towns respectively, not ex- 
ceeding twenty five Cents for one hundred of said fish, he 
or they, so offending, shall, for each offence, forfeit and 
pay the sum of One dollar ; and if any person or persons, 
shall ask, demand & receive, more than twenty five cents 
for One hundred of said fish, and in that proportion for a 
less number, at the landing where said fish are taken, he 
or they, so offending, shall, for each offence, forfeit and 
pay the sum of one Dollar. 

Section 4. And be it further Enacted, That the said 
towns of Lynn, Lynnfield, and Reading, shall, at their 
respective annual meetings in March or April, severally 



Acts, 1801. — Chapter 61. 353 

choose a Committee, not exceeding nine, nor less than 
three freeholders of said towns, who shall be sworn or 
affirm to the faithful discharge of the duties enjoined upon 
them by this Act ; and it shall be the duty of said Com- 
mittee to cause the natural course of the rivers, passage 
ways, or streams through which the said fish pass, to be 
kept open and without obstruction, during the whole 
time, the said fish pass up or down in said rivers, passage 
ways or streams, in each year, and to remove any such as 
shall be found therein ; and to make the said passage ways 
wider and deeper, if they, or the major part of them shall 
judge it necessary ; and the said several committees or committee 
any two of either of them, paying a reasonable Compen- deemed tres. 
sation therefor, if demanded, shall have Authority, in pa88ers - 
discharging the duties enjoined upon them by this Act, 
to go on the lands and meadows of any person, through 
which such rivers, passage ways, or streams run, or into 
any building, mill, or other water works, on said rivers 
or Streams, without being considered as Trespassers ; and 
any person who shall molest or hinder the said Commit- 
tees, or either of them, in the execution of the business 
of his or their office, or shall obstruct any passage way, 
in the said rivers or streams, otherways than may be al- 
lowed by the said Committees, or a major part of them 
respectively, he or they, so offending, shall forfeit and 
pay for every such offence, a sum not exceeding Ten dol- 
lars, nor less than one dollar, at the discretion of the Jus- 
tice before whom the same shall be tried. Provided nev- proviso. 
ertheless, — that nothing in this Act shall be considered 
as Authorising the said Committees, to injure the Proprie- 
tor of any Mill or Water Works, further than is necessary 
in order to give the said fish, a good and sufficient passage 
up the said Rivers. 

Section 5. And be it further Unacted, that it shall committee 
ill /-i • -\ /~\ • ■ i t0 P r ° Becu t e i 

be the duty of the said Committees respectively, to pros- seize nets, & c . 

ecute all breaches of this Act, and for any two of them to 
seize and detain in their Custody, any net which may be 
found in the hands of any person using the same, contrary 
to the true intent and meaning of this Act, until the per- 
son so offending makes satisfaction for his offence or is 
legally acquitted therefrom ; and also to seize to the use 
of their respective towns, all such fish as they shall sus- 
pect to have been taken, contrary to the provisions of this 
Act, unless the person in possession thereof, can give sat- 



354 



Acts, 1801. — Chapter 62. 



Recovery and 
appropriation 
of lines. 



Former laws 
repealed. 



isfactory evidence to such Committee, that said fish were 
lawfully taken. 

Section 6. And be it further Enacted, that all the 
penalties incurred by any breach of this Act, shall be re- 
covered by an Action on the Case before any Justice of 
the Peace, within & for the County where the offence 
shall be committed, allowing an appeal to the Court of 
Common Pleas of the same County ; and all sums of 
money recovered to either of the said towns as forfeited 
by this Act, shall be for the support of the Poor of said 
towns respectively ; and no person by reason of his being 
one of either of the said Committees respectively, or an 
Inhabitant of either of the said Towns, shall be thereby 
disqualified, from being a Witness in any prosecutions for 
a breach of this Act. 

Section 7. And be it further Enacted, that all Laws 
heretofore made for regulating the fishery in the said 
towns of Lynn, Lynfield, and Reading, with joint or 
seperate authority, are hereby repealed. 

Approved March 3, 1802. 



1801. — Chapter 62. 

[January Session, ch. 38.] 

AN ACT FOR CARRYING INTO EXECUTION MORE EFFECT- 
UALLY THE BYE-LAWS OF THE SEVERAL TOWNS WITHIN 
THIS COMMONWEALTH. 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the Authority 
of the same, that from and after the passing of this Act, 
all fines & forfeitures, accruing for the breach of any Bye- 
law, in any town within this Commonwealth, may be 
prosecuted for and recovered before any Justice of the 
Peace in the town or County where the Offence shall be 
committed by complaint or information in the same way 
and manner, other criminal offences are now prosecuted 
before the Justices of the Peace within this Common- 
wealth. Approved March 3, 1802. 



Acts, 1801. — Chapter 63. 355 

1801. — Chapter 63. 

[January Session, ch. 39.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE PUR- 
POSE OF LAYING OUT, AND MAKING A TURNPIKE ROAD 
FROM SALEM TO CHARLES RIVER BRIDGE, FOR BUILDING 
THE NECESSARY BRIDGES ON THE SAID ROAD, AND FOR 
SUPPORTING THE SAME. 

Whereas the making of the said road and bridges will Preamble. 
be of great public utility, and Edward Augustus Holyoke 
Esqr. and others, have petitioned this Court for an Act of 
incorporation, to empower them to lay out and make said 
road & erect said bridges, and have subscribed to a fund 
for that purpose: Therefore, 

Sec 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, & by the 
authority of the same, That Edward Augustus Holyoke, Persons 
William Gray junr., Nathan Dane, Jacob Ashton & Israel ncorporate ■ 
Thorndike esqrs., and all such persons as are, or shall be 
associated with them, and interested in said fund, and their 
Successors, shall be a Corporation, by the name of The 
Salem Turnpike & Chelsea Bridge Corporation ; and shall 
by that name sue and be sued, and shall have a common 
Seal, and enjoy all the priviledges and powers, which are 
by law incident to a Corporation, for the purpose of lay- 
ing out and making a Turnpike Road, and building the 
bridges aforesaid, and keeping the same in repair; that is course of the 
to say, a road beginning near Buffum's corner, so called, 
in Salem, and from thence to be continued through the 
Salem great pastures, so called, thence by the southeast- 
erly side of Farrington's hill, so called, in Lynn, over 
Breed's Island in Lynn Marshes, and by the south east 
side of Cheever's hill, so called, in Chelsea, to a place on 
the Chelsea side of Mystick river, between Winnesemet 
ferryways, and Doctr. Aaron Dexter's gate, and over said 
river, to a place on the Charlestown side thereof, north of, 
and near to the navy yard, and thence to said Charles-river 
Bridge in Charlestown, and of building bridges over the 
rivers and waters between said Buffum's corner, and Charles 
river. 

Sec. 2d. And be it further enacted, That the said ^""f^X 
Edward Augustus Holyoke, William Gray Junr., Nathan cers chosen. 
Dane, Jacob Ashton and Israel Thorndike esqrs., or any 
three of them, may by an advertisement in the Salem 



356 



Acts, 1801. — Chapter 63. 



Width, &c. 
of the road 
prescribed. 



First turnpike 
gate, and the 
toll. 



Gazette, or in any other News paper printed in Salem or 
Boston, call a meeting of the said proprietors, to be holden 
at any suitable time and place, after fifteen days from the 
publication of the said advertisement ; and the said pro- 
prietors, by vote of the majority of those present, or rep- 
resented at the said meeting, (in all cases accounting & 
allowing a vote to each single share,) shall choose a Clerk, 
who shall be sworn to the faithful discharge of his duty ; 
and also shall agree on a method for calling future meet- 
ings, and at the same, or at any subsequent meeting, may 
make and establish any rules and regulations, that shall 
be necessary or convenient for regulating the said Corpo- 
ration, for effecting, completing, & executing the purposes 
aforesaid, or for collecting the toll hereafter granted ; and 
the same rules and regulations may cause to be kept and 
executed, or for the breach thereof, may order and enjoin 
fines and penalties not exceeding thirteen Dollars and thirty 
three Cents, for any breach thereof; provided such rules, 
and regulations are not repugnant to the Laws or Consti- 
tution of this Commonwealth : And the said Proprietors 
may also choose and appoint any other Officer or Officers 
of the Corporation, that they may deem necessary, and 
all representations at any meeting shall be proved in writ- 
ing signed by the person making the same, which shall be 
filed with, and recorded by the Clerk ; and this Act, and 
all rules regulations and votes of the said Corporation 
shall be fairly and truly recorded by the said Clerk in a 
book or books for that purpose provided and kept. 

Sec. 3d. And be it further enacted, That the same 
Turnpike road shall be laid out and made by the said Cor- 
poration, of sufficient width in every part thereof, for the 
accommodation of the public ; and that open uninclosed 
ground shall be at least four rods wide on the upland, and 
eight rods wide at least (including the Canals) on the 
marsh, and on said Breeds Island, throughout the whole 
length of said road over said marsh and island, and the 
made way or path for travelling shall be of sufficient width, 
and not less than twenty four feet wide, in any part thereof, 
and over the marsh not less than thirty feet wide within 
the railings ; and when the said Turnpike road, shall be 
sufficiently made from said Buffum's corner to the Black- 
smith's shop of John Massey in Lynn, and shall be so 
allowed by the Justices of the Supreme Judicial Court, at 
any term thereof, in any County of this Commonwealth, 



Acts, 1801. — Chapter 63. 357 

then the said Corporation shall be authorized to erect a 
Turnpike Gate on the same, between said corner & said 
Farrington's hill, in such manner as shall be necessary 
and convenient, and shall be entitled to receive from each 
traveller and passenger the following rate of toll — to wit, 
For every coach, phaeton, chariot, or other four wheel 
carriage for the conveyance of persons, 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, waggon, sleigh or sled, or other carriage 
of burden, drawn by two oxen or horses, twelve and an 
half Cents ; & if by more than two, an additional sum of 
three Cents for every such ox or horse. For every curricle 
sixteen Cents. For every sleigh for the conveyance of 
passengers, drawn by two horses, twelve and an half 
Cents, and if drawn by more than two, an additional sum 
of three Cents for each horse. For every sled or sleigh, 
drawn by one horse, ten Cents. For every chaise, chair 
or other carriage drawn by one horse, twelve and an half 
Cents, For every man and horse, five Cents. For all 
oxen, horses and neat cattle led or driven, besides those 
in teams & carriages, one Cent each. For all sheep and 
swine, three Cents by the dozen, and in the same propor- 
tion for a greater or less number. 

Sec. 4th. And be it further enacted, That when the second turn- 
said road shall be sufficiently made from said Blacksmith's 
shop, to Charles-river Bridge, and the said Bridge over 
Mystick river, shall be sufficiently built, and the said road 
shall be so allowed, by the said Justices as aforesaid, then 
the said Corporation shall be authorized to erect another 
Turnpike Gate on the same, between said Breed's Island 
and Mystick river, in such place as shall be necessary & 
convenient, and shall be entitled to receive of each traveller 
and passenger, (excepting the inhabitants of Chelsea who 
shall be travelling or passing from that town to Boston, 
or from Boston back to Chelsea through said Turnpike 
Gate) the rates of toll aforesaid. 

Sec. 5th. And be it further enacted, That the said n \ a d d r e a J n t t ^ e be 
proprietors shall build, and untill the aforesaid road shall bridge, 
be delivered up to the Government, shall keep a sufficient 
Draw or passage way, at least twenty feet wide, at some 
place in the Bridge over Saugust river, proper for the 
passing and repassing of vessels through the same : Pro- Passage-wayB 
vided however, that the said proprietors shall not be the proprietors 

of salt marsh. 



358 



Acts, 1801. — Chapter 63. 



Directions 
respecting 
bridge over 
Mystick river. 



Lamps to be 
kept. 



Rates of toll. 



obliged to lift or open the leaves of said Draw for the 
passage of any vessel, or put the same down ; and that if 
any person or persons shall keep said draw up, longer 
than is necessary for the passage of the vessel or vessels 
under his or their care, or shall neglect to put the same 
down immediately after the passage of such vessel or ves- 
sels, he or they for every such offence shall forfeit a 
sum, not less than twenty Dollars nor more than fifty 
Dollars ; & that for the accommodation of the owners of 
salt marsh lying to the eastward of said road, the proprie- 
tors shall make and keep, during the term aforesaid, in 
the places not exceeding four in number, where the road 
shall intersect the private ways, as they are now used, 
convenient passage ways over said road, for waggons, 
carts and sleds to pass and repass, for the purpose of 
bringing off their salt hay. 

Sec. 6th. And be it further enacted, That the said 
Bridge over Mystick river, shall be well built, at least 
thirty two feet wide, of good and suitable materials, and 
be well covered with plank or timber on the top, suita- 
ble for such a bridge, with sufficient rails on each side, 
boarded eighteen inches from the bottom, for the safety 
of passengers ; and the same shall be kept in good, safe 
and passable repair, for the term of Seventy years, from 
opening the same, and at the end of said term, the said 
Bridge shall be left in like repair, and the said Proprie- 
tors shall constantly keep the said Bridge accommodated 
with at least twenty four Lamps, four of which shall be at 
each Draw, and kept burning through the night; and all 
the said lamps shall be well supplied with oil, and lighted 
in due season, and those not at the Draw kept burning 
till twelve of the Clock at night. And that for the pur- 
pose of reimbursing the said Proprietors the monies by 
them expended or to be expended in building and sup- 
porting said bridge, a toll be, and hereby is granted and 
established for the sole benefit of the said Proprietors, 
according to the rates following, to wit. For each foot 
passenger two Cents, For each person and horse five 
Cents. For each chaise, chair, sulkey or sleigh, drawn by 
one horse, twelve and an half Cents. For each horse and 
cart, nine Cents. For each team drawn by more than one 
beast, twelve and an half Cents. For each coach chariot 
waggon, phaeton and curricle, twenty five Cents; For 
each man & wheelbarrow, hand cart, or other vehicle 
capable of carrying a like weight, three Cents. For each 



Acts, 1801. — Chapter 63. 359 

horse and neat cattle, exclusive of those in teams or rode 
on, three Cents. For each sheep and swine, one Cent; 
and to each team, one person and no more, shall be 
allowed as a driver, to pass free from toll ; and at all ® a e l « ^^e 
times when the toll gatherer shall not attend his duty, the ton-gatherer is 
gate or gates shall be left open, and the said toll shall 
commence on the day of the first opening the said Bridge 
for passengers, and shall continue for the term of Seventy 
years, at the end of which time the said Bridge shall be 
delivered up in good repair to and for the use of the Gov- 
ernment ; and also at the several places where the toll 
shall be received on said Bridge or road, the said proprie- 
tors shall erect, and constantly expose to open view a sign 
or board with the rates of toll on the tollable articles fairly 
and legibly written thereon in large or capital letters. 
Provided however, that at the time of opening said Bridge, Expense to be 
the said Corporation shall cause a true and just account 8ae 
of the expences thereof, and at the end of every three 
years then afterwards, a just and true account of their 
receipts & disbursements to be returned into the Office of 
the Secretary of this Commonwealth ; and that after forty 
years from the opening said Bridge, the General Court 
may regulate the rates of toll receivable at the said Gate. 

Sec. 7th. Be it further enacted, That the said Pro- Draws & piers 
prietors shall build, and during the said term, shall keep 
two convenient and sufficient draws or passage ways, at 
least thirty feet wide each, at some suitable places in the 
said Bridge proper for the passing and repassing of ves- 
sels by day and by night through the said Bridge ; and 
shall also build at the Draw nearest to the Chelsea side, 
and maintain in good repair, a well constructed and sub- 
stantial pier or wharf on each side of the said Bridge, and 
adjoining to that Draw, every way sufficient for vessels to 
lie at securely ; And the said Draws shall be lifted for all 
ships and vessels without toll or pay, except for boats 
passing for pleasure. And all ships and vessels intending 
to pass the said Draws, shall be free of charge at the said 
wharf or pier, untill a suitable time shall offer for passing 
the same ; and it shall be lawful for the proprietors of 
said Bridge, to make the leaves of each Draw sixteen 
feet long, instead of thirty two feet, the width of said 
Bridge. 

Section 8. And be it further enacted, that said Cor- corporation 

. . ii-iT in i_ • l ma y purchase 

poration may purchase and hold, any land over which and hold land, 
they may make said road : and the Justices of the Court 



360 



Acts, 1801. — Chapter 63. 



Penalty for 
delaying 
passengers, 
or demanding 
illegal toll. 



Penalty for 
injuring the 
gates or road. 



of General Sessions of the Peace in the respective Coun- 
ties through which it passes are hereby Authorised on 
Application from the said Corporation to lay out such 
road, or any part thereof, within their respective juris- 
dictions, as with the Consent of the said Corporation they 
may think proper : and the said Corporation shall be 
holden to pay all damages, which shall arise to any per- 
son, by taking his land for such road, where it cannot be 
obtained by voluntary agreement, to be estimated by a 
Committee appointed by the Court of General Sessions 
of the Peace in the County, in which such damage shall 
arise, saving to either party, a right of trial by Jury, 
according to the law, which makes provision for the 
recovery of damages happening, by laying out public 
highways. 

Section 9 . And be it further enacted, that if the said 
Corporation or their toll gatherer, or others by them 
employed, shall unreasonably delay or hinder any passen- 
ger or traveller, at either of 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 two dollars, to be recovered 
before any Justice of the Peace of the County where the 
offence may be committed, by any person injured, de- 
layed, 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 some 
individual member of said Corporation, living in the 
County where the 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 Corporation or individual member, 
shall be allowed to defend the same suit in behalf of the 
said Corporation ; and the said Corporation 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 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. 

Section 10. And be it further Enacted, that if any 
person shall cut or break down, or otherwise destroy any 
of said gates, or shall dig up or carry away any earth 
from the said road, or in any manner damage the same, 
or shall forcibly pass, or attempt to pass by force said 



Acts, 1801. — Chapter 63. 361 

gates, without first having paid the legal toll at such gate, 
such person 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 on the case, and if any person with a team, Penalty for 
cattle, or horses, turn out of said road to pass any of the illegally to 
turnpike gates aforesaid, and again enter said road, with evade the tolu 
an intent to avoid any toll, established as aforesaid, such 
person shall forfeit & pay, three times as much as the legal 
toll at such gate or gates, established as aforesaid, to be 
recovered by the Treasurer aforesaid, to the use aforesaid, 
by an Action of Debt. Provided that nothing in this Act 
shall extend to entitle the said Corporation, to demand or 
receive toll of any person, who shall be passing with his 
horse or carriage, to or from Public Worship, or with his 
horse, team, or Cattle, to or from his Common labor, or 
to or from any Mill, or on the Common or Ordinary busi- 
ness of family concerns, within the said town, or from 
any person or persons, passing on military duty. 

Section 11. And be it farther Enacted that the shares shares deemed 
in said road & bridge shall be deemed personal estate, to and^oce^sof 3 ' 
all intents and purposes, and shall be transferable by attachment - 
Deed, duly Acknowledged before any Justice of the Peace, 
and Recorded by the Clerk of the said Corporation, in a 
book to be kept for that purpose, and when any such 
share shall be attached on Mesne process, or taken in 
execution an attested copy of such writ of attachment or 
execution shall at the time of the Attachment or taking 
in Execution, be left with the Clerk of said Corporation, 
otherwise the attachment or taking in Execution shall be 
void : and such shares may be taken & sold by execu- 
tion 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 paying for the recording 
thereof, shall be deemed a sufficient transfer of the same. 

Section 12. And be it further enacted, that the said 2p e e ™|and f 
Corporation shall within six months after their toll shall ""^"^{Jf^d 
commence at any of the said gates, lodge in the Secretary's 
Office, an Account of all expences incurred in making 
said road, previous to the taking toll at such gate, and 
within six months after said Turnpike road shall be com- 
pleted, lodge in said Office an Account of the expences, 
of the whole of said road, (the said Bridge over Mystick 



362 



Acts, 1801. — Chapter 63. 



Shares of 
delinquents 
to be sold. 



Corporation 
may be dis- 
solved when 
compensated, 
&c. by the toll. 



river excepted) and that the said Corporation shall annually 
exhibit, to the Governor & Council, a true account of the 
income or dividend arising from said toll, with the neces- 
sary annual disbursements on said road, and that the 
books of said Corporation, both as to the Bridge and 
Road, 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. 

Section 13. And be it further Unacted, that when- 
ever any Proprietor shall neglect or refuse to pay any tax 
or assessment duly voted and agreed upon by the said 
Corporation to their Treasurer, within thirty days after 
the time set for the payment thereof, the Treasurer of the 
said Corporation is hereby authorized 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 one 
news paper printed in Salem, and the one printed in 
Boston, by the Printers of the General Court, the sum 
due on such shares, and the time & place of Sale, at least 
thirty days previous to the time of sale, and such Sale 
shall be a sufficient transfer, of such share or shares so 
sold to the person purchasing the same ; and on pro- 
ducino- 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 the said Corporation ; and such person 
shall be considered to all intents the proprietor thereof, 
and the overplus, if any there be, shall be paid on demand 
by the Treasurer to the persons whose shares were then 
sold. 

Section 14. And be it further Enacted, that the Gen- 
eral Court may dissolve the said Corporation, so far as 
may respect the said Turnpike road whenever it shall 
appear to their satisfaction that the said income arising 
from 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, 
together with an interest thereon, at the rate of twelve 
dollars on the hundred, for a year from the time of the 
same, and thereupon the Interest in the said Turnpike 
road shall vest in the Commonwealth, but the said Cor- 
poration shall remain to all intents and purposes, in 
respect to the said Bridge over Mystick river, for and 



Acts, 1801. — Chapter 63. 363 

during the said term of Seventy years upon the conditions 
aforesaid ; and all the other Bridges on said Turnpike 
road, shall be well built, and the same, as well as the Road 
over said Marsh, shall be secured with sufficient rails. 
Provided, that if the said Corporation shall neglect to Road, &c to 
complete said Turnpike road & bridge for the space of witwn s'yetrs. 
five years from the passing of this Act, the same shall be 
void, and of no effect. Provided also, that no toll shall 
be received, at said bridge, before the said Turnpike road 
shall be completed. 

Section 15. And be it further enacted, that the said The ton may 

J 'be commuted. 

Corporation be, and it is hereby empowered to Commute 
the rate of toll, with any person, or with the Inhabitants 
of any town, thro' which their Turnpike road is made, by 
taking of him or them, any certain sum annually, or for 
a less time, to be mutually agreed on, in lieu of the toll 
established in & by this Act. Provided however that the 
sum to be allowed for the Turnpike gates, shall always 
be kept distinct from the sum allowed for the Bridge gate. 

Section 16. And be it further Unacted, that the said KdJ^,,,,, 
Corporation is hereby allowed to grant monies to such real estate. 
persons as rendered Services to the Proprietors in ex- 
ploring the rout of the Turnpike road or other-wise, 
previous to the Act of incorporation. And the said 
Corporation is hereby authorized to purchase and hold 
other real estate, adjacent to, and for the Accommodation 
of the said road, to the amount of Twelve thousand 
Dollars. 

Section 17. And be it further enacted, that the said j^, 8 ^ be 
Proprietors shall be holden to Erect and keep in repair a Breed's island. 
Convenient dwelling house on the Island called Breed's 
Island in the marsh aforesaid ; and keep a family living 
in said House during the term for which said Turnpike 
road is granted. And whereas it is agreed that the 
Maiden bridge Corporation shall have and hold the prop- 
erty of one half of the said Chelsea bridge without any 
part of the corporate powers aforesaid and pay one half 
of the Expences of the same bridge and have such infor- 
mation and evidence as may be essential to the preserva- 
tion of their said property — therefore 

Section 18. Be it further enacted that of the twenty Proprietors of 
four hundred shares into which the property of the said toown one gL 
Chelsea bridge shall be divided twelve hundred shall be JS£. Che,Bea 
the property of and invested in the Proprietors of the 



364 



Acts, 1801. — Chapter 63. 



No proprietor 
to have more 
than 20 votes. 

Shares held by 
the Maiden 
bridge pro- 
prietors to 
be subject to 
assessments, 
&c. &c. 



Maiden bridge 
proprietors 
authorized to 
receive the 
shares. 



said Maiden bridge, And the President and Directors of 
the said Salem Turnpike and Chelsea bridge corporation 
shall make out and deliver to the Treasurer of the said 
Maiden bridge Corporation One hundred & twenty good 
& valid certificates of said twelve hundred shares each 
Certificate containing ten shares thereby certifying the 
same to be the property of the said proprietors, And the 
President and Directors of the said Maiden bridge cor- 
poration shall thereupon Assign and transfer ten of said 
shares to the proprietor of each share in said Maiden 
bridge to the intent that the proprietors of said Maiden 
bridge shall be-come proprietors of the said twelve hun- 
dred shares in Chelsea bridge in the same proportions of 
interest as they now hold their property in said Maiden 
bridge — And a share in said Turnpike road and in the 
remaining half or part of said Chelsea bridge shall con- 
stitute one share and entitle the owners thereof to one 
Vote as aforesaid within the true intent and meaning of 
this Act — Provided that no one proprietor in this Cor- 
poration shall have more than twenty Votes. 

Section 19. Be it further enacted that the said twelve 
hundred shares and every part thereof to be transferred 
shall at all times be subjected to the same assessments, 
executions, sales and forfeitures as the other shares in 
said Chelsea bridge are made liable ; but no proprietor or 
proprietors, purchaser or purchasers of any part of the 
said twelve hundred shares so transferred shall by reason 
thereof have any Vote in this Corporation constituted by 
this Act, And every such proprietor or purchaser shall 
receive his dividend of the Treasurer from time to time of 
the said Maiden bridge Corporation — And one half of all 
the dividends to be declared on all the profits that may 
arise from the toll of said Chelsea Bridge shall within ten 
days from the making such dividends be paid over by the 
Treasurer of the said Salem Turnpike and Chelsea bridge 
Corporation to the Treasurer of the said Maiden bridge 
Corporation for the Use and benefit of the proprietors of 
said Maiden bridge, in the proportions of their respective 
shares therein. 

Section 20. And be it further Enacted, that the Propri- 
etors of the said Maiden Bridge, be and they hereby are, 
in their Corporate Capacity, fully Authorized, impowered 
& made capable of receiving and holding on the Terms 
fixed by this Act, all the shares hereby assigned to them 



Acts, 1801. — Chapter 64. 365 

in the Chelsea Bridge to be erected in virtue of and by 
force of this Act. 

Section 21. Be it further Enacted that the said Mai- f o ai d d e pP™ t o 0rB 
den bridge Corporation shall during the said term of Sev- agents to meet 

D , * . , • x i * , , ! with proprietors 

enty years have a right to appoint two Agents to attend of Chelsea 
the Meetings of the proprietors and of the directors of bndge - 
the said Salem Turnpike and Chelsea Bridge Corporation 
which Agents and each of them shall have a right to sit 
and debate but not have a Vote in said Meetings And the 
Clerk of the said Corporation shall from time to time at 
the request of the said Agents or of either of them make 
out attest and deliver to him or them copies of such parts 
of the books of said Corporation respecting said Chelsea 
bridge as he or they shall demand. 

Approved March 6, 1802. 

1801. — Chapter 64. 

[January Session, ch. 40.] 

AN ACT TO INCORPORATE THE PLANTATION, CALLED THE PE- 
JEPSCOT CLAIM, AND LITTLE'S GORE IN THE COUNTY OF 
CUMBERLAND INTO A TOWN BY THE NAME OF PEJEPSCOT. 

Section 1. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, and by the 
Authority of the same, that the plantation heretofore called Boundaries. 
the Pejepscot Claim, with a gore of land called Little's 
Gore, in the County of Cumberland, as described within 
the following bounds, with the Inhabitants thereon, be 
and they are hereby incorporated into a town by the name 
of Pejepscot. Beginning North-Easterly, by a line drawn 
on the middle of the great Amerescoggin river, South 
easterly by the town of Durham Southwesterly by the 
town of New Glocester, and Northwesterly by the town 
of Poland. Aud the said town is hereby invested with all 
the powers, privileges, rights and immunities, with which 
other towns are vested, by the Constitution and Laws of 
this Commonwealth. 

Section 2. And be it further enacted, that Nathl. C. First meeting. 
Allen Esqr. be, and he is hereby authorised to issue his 
Warrant, directed to some suitable Inhabitant of the said 
town of Pejepscot, requiring him to notify & warn the In- 
habitants of the said town, qualified by law, to vote in 
town affairs, to meet at such convenient time and place, 
as shall be Expressed in said Warrant, to choose all such 



366 



Acts, 1801. — Chapter 65. 



Officers, as other towns within this Commonwealth, are 
by law required to choose in the Months of March or April 
annually. Approved March 6, 1802. 



Agents and 
their duty. 



Notification to 
be given of the 
meeting of the 
agents. 



Penalty for 
neglect of duty. 



Penalty for 
illegally taking 
said fish. 



1801. — Chapter 65. 

[January Session, ch. 41.] 

AN ACT FOR THE PRESERVATION AND REGULATING THE TAK- 
ING OF FISH CALLED ALE WIVES, IN THE BROOK RUNNING 
FROM THE WEST QUITTICUS POND TO THE EAST QUITTICUS 
POND, NEAR THE LINE BETWEEN THE TOWNS OF MIDDLE- 
BOROUGH AND ROCHESTER, IN THE COUNTY OF PLYMOUTH. 

Sec 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 towns of Middlebor- 
ough and Rochester, shall annually at a regular town 
meeting, respectively choose an Agent, whose duty it 
shall be, annually to sell at Public auction, the priviledge 
of taking said fish at said brook on Tuesdays, Wednes- 
days and Thursdays in each week, & publish their condi- 
tions of sale, wherein said Agents shall express the price 
at which the purchasers shall sell said fish, which shall be 
at the rate of twenty five Cents per hundred, and also the 
manoer of taking and disposing of the same. 

Sec 2. And be it further enacted, That the Agent of 
the said town of Middleborough the first year, and the 
Agent of the said town of Rochester the second year and 
so on alternately forever, shall notify the town Clerk 
of the other town concerned in said fishery of the time 
and place in which said Agents shall meet, ten days at 
least before the time of meeting. 

Sec 3d. And be it further enacted, That if either of 
said towns shall neglect to choose their respective Agents 
as aforesaid, or if either of such Agents shall neglect to 
give notice to the other as above required, such delinquent 
town or Agent, shall forfeit and pay to the use of the 
town which shall choose such Agent, for each offence, the 
sum of thirty Dollars. 

Sec 4th. And be it further enacted, That all persons 
who shall take any of said fish in said brook and be thereof 
convicted before any Court proper to try the same, shall 
forfeit and pay a sum not less than two, nor more than ten 
Dollars, except the purchaser or purchasers as aforesaid, 
or those employed by them, who shall have liberty to take 
said fish on said days. 



Acts, 1801.— Chapter 66. 367 

Sec. 5th. And be it further enacted. That it shall be Agents to sue 

for li lien 

the duty of the said Agents, or any other person chosen 
by the said towns of Middleborough and Rochester re- 
spectively, to sue for the recovery of any forfeiture in- 
curred by the breach 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 Agents ; 
and all fines and forfeitures recovered for any breaches Appropriation 
aforesaid, except such as are mentioned in the third Sec- ° neB,l< 
tion of this Act, shall, together with the net proceeds of 
said fishing, be equally divided between said towns ; and 
the Treasurers of the towns 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 moiety thereof, in 
any Court proper to try the same. 

Sec. 6th. And be it further enacted, That the pur- Purchasers to 
chasers of the priviledge of taking said fish as aforesaid, ?egu?aUon°s. 
shall in all respects conform themselves to such regulations 
and conditions as said Agents shall publish in their condi- 
tions of sale as aforesaid, and in failure thereof, shall for- 
feit and pay for each offence a fine not exceeding one 
hundred, nor less than ten Dollars. 

Sec. 7th. And be it further enacted, That either of ^f^w^ 8 " 
the Agents for the said towns of Middleborough & Roch- nesses. 
ester, may be admitted as competent Witness, in any pro- 
secution for the breach of any regulations as aforesaid, 
and said Agents, previous to entering upon the execution 
of their office, shall be sworn to the faithfull discharge of 
their duty, as other town officers are sworn. 

Approved March 6, 1802. 

1801. — Chapter 66. 

[January Session, ch. 42.] 

AN ACT TO REGULATE THE SHAD AND ALEWIFE FISHERY IN 
THE TOWN OF WARREN, IN THE COUNTY OF LINCOLN. 

Sec. 1. Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the au- 
thority of the same, That it shall and may be lawfull for Privilege of 
the town of Warren, in the County of Lincoln, annually, dhipo'ifedof! 
at any legal meeting of the inhabitants of said town, to 
sell, or otherwise dispose of the privilege of taking the 
fish called shad and alewives in any river, or place within 



368 



Acts, 1801. — Chapter 66. 



Penalty for 
illegally taking 
the fish. 



Penalty for 
refusal to sell 
the alewives. 



Price regulated 



A fish-com- 
mittee to be 
chosen ; and 
their duty 
prescribed. 



the limits of said town, not exceeding three days in each 
week, under such regulations as the said town shall direct ; 
and the emolument arising from said privilege shall be ap- 
propriated, by said town, to such purposes and uses as the 
inhabitants thereof shall, in town meetings, from time to 
time, determine. 

Sec. 2. Arid be it further enacted, that, if the pur- 
chaser, or purchasers, manager or managers of the said 
privilege, or those employed by them, shall presume to 
take any of the said fish at any other time or place in said 
town than shall be determined by said town, and if any 
other person whatever shall presume to take or catch any 
of said fish in any river or stream within the boundaries 
of said town without permission from the inhabitants 
thereof in legal town-meeting, he or they, so offending, 
shall, for each offence, forfeit and pay a sum not exceed- 
ing thirteen dollars nor less than one dollar, at the discre- 
tion of the Justice before whom the offence shall be tried. 

Sec. 3. And be it further enacted, That if the pur- 
chaser, or purchasers, manager or managers of said privi- 
lege shall, when in his, or their power, refuse to supply 
any person, or persons, inhabitant or inhabitants of any 
town lying on St. Georges River with any quantity of ale- 
wives, when green, not exceeding five hundred to any one 
person, who may apply therefor, at such rates, as shall be 
determined by said town, not exceeding twenty cents for 
an hundred, he or they, so offending, shall, for each 
offence, forfeit and pay the sum of one dollar, and if any 
person or persons shall ask, demand or receive, more than 
twenty cents for an hundred of alewives, and in that pro- 
portion for a less number at the landing where said fish 
are taken, he or they shall forfeit and pay the sum of one 
dollar. 

Sec. 4. And be it further enacted, that the said town 
of Warren shall, at their annual meeting in March or 
April, choose a Committee, not exceeding seven, nor less 
than three freeholders of said town, who shall be sworn 
or affirm to the faithfull discharge of the duties enjoined 
upon them by this act, and it shall be the duty of the said 
committee to cause the natural course of the rivers, or 
streams, thro' which the said fish shall pass, to be kept 
open and without obstruction, during the whole time the 
said fish pass up, and down said rivers, or streams in each 
year ; and to remove any such obstruction as shall be found 



Acts, 1801. — Chapter 66. 369 

therein ; and the said committee or a majority of them, in 
the discharge of their duty, and also, those, who are law- 
fully employed in catching the said fish, or in buying the 
same, shall be permitted at all times to go upon, and pass 
over the lands of any person, thro' or by which said rivers, 
or streams run, without being considered as tresspassers ; 
and any person, who shall hinder or molest the said Com- 
mittee in the buisness of his or their office, or shall ob- 
struct any passage way in any of the said Rivers or Streams ; 
otherwise than may be permitted by said Committee, or a 
majority of them, he or they, so offending, shall forfeit 
and pay, for every such offence, a sum not exceeding thir- 
teen dollars, nor less than one dollar, at the discretion of 
the Justice, before whom the same shall be tried: Pro- committee are 
vided nevertheless, That nothing in this act shall be con- sarii^t'oinjure 
sidered as authorizing the said committee to injure the miIlB ' &c * 
proprietor of any mill, or water works, further than is 
necessary to give the said fish a good and sufficient pas- 
sage up and down the rivers, and streams aforesaid. 

Sect. 5. Provided also , and be it further enacted, That Application 

i i> j i • -i s» i i i i may be made 

whereas a passage way tor the said nsh has been made to the court of 
around certain mills situated at the great falls in St. commutee°to a 
Georges River, so called, in said town, and it is necessary P n a B 8 ^age a way 
to ascertain whether the same is sufficient for the passage 
of said fish, before the time for holding the next court of 
General Sessions of the peace in the County of Lincoln, 
David Fales,JohnMcKellar,andMosesCopeland, Esquires, 
be, and they are hereby appointed a Committee to repair, in 
the ensuing Spring, at the request, and expence of the pro- 
prietors of the said mills, to the place where said passage- 
way is, before the usual time for the running of said fish, 
and to ascertain, and determine, whether the same is suffi- 
cient for the passage of said fish ; and if it shall be consid- 
ered sufficient by the said Committee, and shall be kept, 
by the proprietor of said Mills, during the Spring, and 
Summer next ensuing, in the same state as when viewed 
by the said Committee ; it shall be considered as sufficient 
for the passage of said fish, for the present year; and it 
shall be lawfull for any owner, or occupant of any mill, 
or dam already built, or hereafter to be built upon St. 
Georges River, or any stream communicating there with, 
within the limits of said town, who is or may be obliged 
to open any passage for said fish, to apply to the Court of 
General Sessions of the Peace, next to be holden in, and 



370 



Acts, 1801. — Chapter 66. 



Inspecting 
committee to 
report. 



Fish commit- 
tee to prose- 
cute for fines. 



Recovery and 
appropriation 
of fines. 



for said County ; and the Justices of the said Court on 
such application, are hereby authorized and directed to 
appoint a Committee of three discreet, and disinterested 
freeholders of said County, under oath, to repair to the 
dam, or place where such passage is, or is proposed to be 
opened, and carefully to view and examine the same, and 
in the best manner, they are able, inform themselves, of the 
proper place for the passage of the said fish up, and down 
the said river & stream, of what dimensions the same 
shall be ; and what part of each year and how long the 
same shall be kept open ; and the said Committee shall 
return the same under their hands or the hands of the 
majority of them, to the said Court, as soon as may be, 
which return, so made, if accepted, by said Court, shall 
be deemed, and adjudged the lawfull rule of proceeding in 
making, and keeping open the passage or passages for 
said fish in passing up and down the said river or streams 
for the future. 

Sec. 6. And be it further enacted, That it shall be 
the duty of the fish committee appointed by said town, 
to prosecute for all breaches of this act, and for any one of 
them to seize, and detain in their custody, any net, which 
may be found in the hands of any person using the same 
contrary to the true intent and meaning of this act, until 
the person so offending makes satisfaction for his offence, 
or is legally acquitted therefrom ; and also to sieze to the 
use of said town, all such fish as they shall suspect to 
have been taken contrary to the provisions of this act, 
unless the person in possession thereof can give satisfac- 
tory evidence to said committee, that said fish were law- 
fully taken. 

Sec. 7. And be it further enacted, that all the penal- 
ties incurred by any breach of this act, shall be recovered 
by an action on the case, or by an action of debt, before 
any Justice of the Peace within and for the County of 
Lincoln, allowing an appeal to the next Court of Common 
Pleas to be holden in, and for said County, and all sums 
of Money recovered in consequence of any breach of this 
act, shall be to the use of said town, and no person by 
reason of his being one of said Committee, or an inhabi- 
tant of said town, shall be, thereby, disqualified from being 
a witness in any prosecution, or suit for the breach of this 
act. Approved March 6, 1802. 



Acts, 1801. — Chapter 67. 371 

1801. — Chapter 67. 

[January Session, ch. 43.] 

AN ACT TO SET OFF NATHANIEL PRENTISS, AND OTHERS, 
FROM THE TOWN CHARLESTOWN, IN THE COUNTY OF MID- 
DLESEX, AND ANNEX THEM TO THE TOWN OF CAMBRIDGE, 
IN THE SAME COUNTY. 

Sec 1. Be it enacted by the /Senate, and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That Nathaniel Prentiss, Josiah Persons set off. 
Willington, Stephen Goddard, Benjamin Goddard and 
Nathaniel Goddard, together with the lands situated 
within the following lines : Vizt. Beginning at the south- Boundary of 
easterly side of the house lot of Stephen Goddard, at the land8etoff - 
point, where the boundary line between said house lot, 
and the lands of Walter Frost, intersects the North-east- 
erly line of Cambridge ; thence riming North-easterly, 
by said boundary line, to the road leading by the house 
of Timothy Tufts; thence North-westerly, by said road, 
to the line, which divides the lands of Nathaniel Goddard 
from the lands of Nathan Watson ; thence southwesterly 
by the line last mentioned to Cambridge line ; thence 
southeasterly, by Cambridge line, to the point of begin- 
ing, be, and hereby are set off from the town of Charles- 
town and annexed to the town of Cambridge. 

Sec 2. Be it further enacted, That the said Nathaniel Provision 

* / . , respecting debts 

Prentiss, Josiah Willington, Stephen Goddard, Benjamen and taxes. 
Goddard and Nathaniel Goddard, with such parts of their 
estates as are set off by this act, shall be held to the pay- 
ment of all taxes already assessed upon them by the town 
of Charlestown, and also be held to the payment of their 
respective proportions of the debts due from the town 
of Charlestown, (after deducting therefrom the School 
funds,) as follows : Viz. Nathaniel Prentiss fourteen dol- 
lars ; Josiah Willington, fourteen dollars; Stephen God- 
dard, twelve dollars ; Benjamen Goddard, eleven dollars ; 
Nathaniel Goddard, nine dollars ; and the town of Charles- 
town 6hall have a right to assess the several sums afore- 
said on the Polls and Estates so sett off, at any time within 
one year from the passing of this act, if the same shall 
not be paid to the treasurer of said town prior to such 
assessment. Approved March 6, 1802. 



372 



Acts, 1801. — Chapters 68, 69. 



Preamble. 



The purchase 
of a new lot 
authorized. 



How to become 
a member. 



1801. — Chapter 68. 

[January Session, ch. 44.] 

AN ACT IN ADDITION TO AN ACT ENTITLED « AN ACT FOR IN- 
CORPORATING THE MEMBERS OF THE EPISCOPAL CHURCH 
IN THE TOWN OF PORTLAND INTO A RELIGIOUS SOCIETY." 

Whereas it appears, that the said society with others 
contemplate rebuilding their church on a different spot, 
and by the said act, they are not empowered to purchase 
one for that purpose, which has occasioned some doubts; 
and whereas only the names mentioned in the said act are 
expressly incorporated without any mention of such as 
might thereafter join the said church. 

Sec 1st. Be it enacted by the Senate, and House of 
Representatives in General Court assembled and by the 
authority of the same, that the Wardens, and Vestry of 
the said Church be, and they are hereby authorized and 
empowered with the real estate now belonging to said 
church, or the proceeds of the same, to purchase in the 
name, and to the use of said church, any other lot of land, 
or situation in the said Town of Portland which may be 
deemed eligible for the purpose of rebuilding their House 
of public worship on the same, and that the said lot of 
land, or situation, when so purchased, shall belong to 
those, who shall subscribe for, and assist in rebuilding 
said House, in proportion to their subscriptions and actual 
assistance. 

Sec 2d. And be it further enacted, that such persons 
as shall subscribe for, and build the said house, together 
with such others as may hereafter join the said church by 
giving notice in writing to the Clerk of the parish, or 
society, which they shall leave seven days at least previ- 
ous to the annual meeting held in March or April by the 
Parish, or Society, they intend to leave as aforesaid, and 
being accepted by said church, shall be accounted as a 
member or members of the corporation of said church as 
established by the act aforesaid to all intents and purposes. 

Approved March 6, 1802. 



1801. — Chapter 69. 

[January Session, ch. 45.] 

AN ACT ESTABLISHING THE NORFOLK AND BRISTOL TURN- 
PIKE CORPORATION. 

Sec 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 



Acts, 1801. — Chapter 69. 373 

authority of the same, That Epkraim Starkweather, Oliver Persons 
Starkweather, Oziel Wilkinson, Eliphalet Slack, Samuel ,ncorporate ■ 
Slack, William Blackington, Israel Hatch, Elijah Daggett, 
Joseph Holmes, Fisher Ames, James Richardson, John 
Whiting, Timothy Whiting, Timothy Gay Junr., and all 
such persons as shall be associated with them, and their 
Successors, shall be a Corporation by the name of The 
Norfolk and Bristol Turnpike Corporation ; and shall by 
that name sue and be sued, and enjoy all the priviledges 
and powers which are by law incident to Corporations, 
for the purpose erf laying out and making a Turnpike Course of the 
road from the Court House in Dedham, in the County of 
Norfolk, to the north parish Meeting House in Attle- 
borough, in the County of Bristol, and from thence to 
Pawtucket Bridge, so called, and for keeping the same in 
repair. The said Turnpike to begin at the Court House 
in Dedham aforesaid, and thence to run as near a strait 
line from the said Court House in Dedham to the said 
Pawtucket Bridge, as a Committee appointed by the Gen- 
eral Court, shall, with due regard to the nature of the 
ground, direct; and which said Committee is hereby 
authorized and directed to locate the same road accord- 
ingly ; which road shall not be less than four rods wide, width. 
except in such parts thereof, as the said Committee shall 
think it expedient, otherwise to direct ; but said road 
shall in no part thereof be less than three rods wide, and 
the part to be travelled on not less than twenty feet in 
width in any place ; and that when said Turnpike road 
shall be sufficiently made, and shall be so allowed and 
approved by the abovesaid Committee, then the said 
Corporation shall be authorized to erect three Turnpike Number of 
Gates on the same, in such manner as shall be necessary gate8 ' 
and convenient, in such places as the abovesaid Committee 
shall direct ; and shall be entitled to receive from each 
traveller and passenger, at each of the said Gates, the 
following rates of toll, to wit. For every coach, phaeton, Ton. 
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 curricle seventeen Cents. For every 
cart, waggon, sled or sleigh, drawn by two oxen or 
horses, ten Cents, and if drawn by more than two, an 
additional sum of three Cents for each horse or ox. For 
every chaise, chair or other carriage drawn by one horse, 
ten Cents. For every sled or sleigh, drawn by one horse, 



374 



Acts, 1801. — Chapter 69. 



Exceptions. 



Toll may be 
commuted. 



Sign board to 
be erected. 



Land may be 
taken. 



six Cents. For every man and horse four Cents. For 
all oxen, horses, mules and neat cattle, led or driven, 
besides those in teams and carriages, one Cent each. 
For all sheep and swine, three Cents by the dozen, and 
in that proportion for a greater or less number. Pro- 
vided, that nothing in this Act shall extend to entitle the 
said Corporation to demand toll of any person who shall 
be passing with his horse or carriage to or from public 
worship, or with his horse 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 and ordinary busi- 
ness of family concerns within the same towns ; or any 
person passing on military duty : & That when no toll 
gatherer shall be present at either of the said Gates, to 
receive the toll, the said Gate shall be left open, and 
travellers be permitted to pass freely. Provided also, 
that no Turnpike Gate shall be erected at any place on 
the present travelled road. Provided also, And be it 
further enacted That the said Corporation be. and it is 
hereby empowered to commute the rate of toll with any 
person, or with the inhabitants of any town through 
which the said Turnpike road shall be made, by taking 
of him or them any certain sum annually, or for a less 
time, to be mutually agreed on, in lieu of the toll estab- 
lished in and by this Act. 

Sec. 2d. And be it further enacted, That the said 
Corporation shall at each place where the toll shall be 
collected, erect and keep constantly exposed to view a 
sign or board, with the rates of toll of all the tollable 
articles, fairly and legibly written thereon in large or 
capital letters. 

Sec. 3d. And be it further enacted, That the said 
Corporation may purchase and hold land over which they 
may make said road. 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, if 
lying within the County of Norfolk aforesaid, by a Com- 
mitteee appointed by the Court of General Sessions of 
the Peace, in said County of Norfolk ; and if such lands 
lie in the County of Bristol aforesaid, by a Committee 
appointed by the Court of General Sessions of the Peace 
in said County of Bristol, saving to either party the right 
of trial by Jury according to the law which provides for 



Acts, 1801. — Chapter 69. 375 

the recovery of damages, accruing by laying out public 
high ways. 

Sec. 4th. And be it further enacted, That if any per- Penalty for 
son, cut, break down or destroy either of the said Turn- forciwy passing 
pike Gates, or shall forcibly pass, or attempt to pass the thegates - 
same by force, without having first paid the legal toll at 
such Gate, such person shall forfeit and pay a fine not 
exceeding fifty, nor less than two Dollars, to be recovered 
by the Treasurer of the said Corporation, to their use, in 
an action of trespass. And if any person shall with his 
cattle, team, carriage or horse, turn out of the said road 
to pass either of the said Turnpike Gates, on ground ad- 
jacent thereto, and again enter on said road, with intent 
to avoid 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 thereof, in an action of debt. 

Sec. 5th. And be it further enacted, that if the said dt\&ytli° r 
Corporation, their tollgatherers, or others in their em- P a88en gers. 
ployment, shall unreasonably delay or hinder any traveller 
or passenger at either of said Gates, or shall demand and 
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 one Dollar, to be recovered before 
any Justice of the Peace, not being a proprietor in said 
Corporation, of the County where the offence shall be 
committed by any person injured, delayed or defrauded, 
in a special action on the case ; the writ in which action, 
shall be served on the Corporation, by leaving a copy of 
the same with the Treasurer, or with some individual 
member of the Corporation living within the County where 
the offence shall be committed, at least seven days before 
the day of trial ; and the Treasurer of the said Corpora- 
tion, or any individual member shall be allowed to defend 
the same suit in behalf of the Corporation; and the Cor- Road, &?. to 
poration shall be liable to pay all damages which shall good repair, 
happen to any person from whom toll is by this act de- 
mandable, for any damages which shall arise from any 
defect of bridges, or want of repairs within the same way ; 
and 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. 

Sec. 6th. And be it further enacted, That the Shares shares deemed 
in the same Turnpike road, shall be taken deemed and Mode of trans- ' 



376 



Acts, 1801. — Chapter 69. 



fer and attach- 
ment. 



Every share 
entitles to a 
vote, with a 
proviso. 



Mode of pro- 
ceeding with 
a delinquent 
proprietor. 



considered to be personal estate to all intents and pur- 
poses, and shall and may be transferable ; and the mode 
of transfering said shares, shall be by deed acknowledged 
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 of the said shares, shall be at- 
tached on mesne process, or taken in execution, an attested 
copy of such writ of attachment or execution, shall at the 
time of the attachment, or taking in execution, be left 
with the Clerk of the said Corporation, otherwise such 
attachment, or taking in execution, 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 execution and 
of the Officers return on the same with the Clerk of the 
said Corporation, within ten days after such sale, and pay- 
ing for the recording of the same. 

Sec. 7th. And be it further enacted, That every pro- 
prietor in the said Turnpike road, or his agent duly au- 
thorized in writing, shall have a right to vote in all meet- 
ings of the said Corporation, and be entitled to as many 
votes as the proprietor has shares in the same : Provided 
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. 

Sec. 8th. And be it further enacted, That whenever 
any proprietor shall neglect or refuse to pay any tax or 
assessment, duly voted and agreed upon by the Corpora- 
tion, to their Treasurer, within Sixty days after the set time 
for the payment thereof, the Treasurer of the said Corpo- 
ration is hereby authorized to sell at public vendue the 
share or shares of such delinquent proprietor, one or more, 
as shall be sufficient to defrey said taxes, and necessary 
incidental charges, after duly notifying in the News papers 
printed at Dedham, or in some paper printed in Boston, 
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 transfer of the share or shares sold, 
to the person purchasing ; and on producing a Certificate 
of such sale from the Treasurer to the Clerk of such Cor- 
poration, the name of such purchaser with the number of 
shares so sold, shall be by the Clerk entered on the books 
of the said Corporation, and such person shall be con- 



Acts, 1801. — Chapter 69. 377 

side red 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 where thus 
sold. 

Sec. 9th. And be it further enacted, That a meeting First meeting, 
of the said Corporation shall be held at the house ofneasofit. "' 
Joseph Holmes in Attleborough, on the last Tuesday of 
March instant for the purpose of choosing a Clerk, who 
shall be sworn to the faithful discharge of his trust ; and 
such other Officers as shall then and there be agreed upon 
by the said Corporation, for regulating the concerns 
thereof; and that the said Corporation may then & there 
agree upon such method of calling meetings in future, as 
they may judge proper. 

Sec. 10th. And be it further enacted, That the said SpSmm? 
Corporation shall within six months after the road is com- 1 e ° c h ° i bite t d. be 
pleted, lodge in the Secretary's Office, an account of the 
expences thereof; and that the said Corporation shall an- 
nually exhibit to the Governor and Council, a true account 
of income or dividend arising from the toll, with their 
necessary annual disbursements on said road ; and 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. 

Sec. 11th. Be it further enacted, That the said Cor- JJjSSHn 
poration is hereby allowed to grant monies to such persons certain case, 
as rendered services to the proprietors in exploring the 
said road or otherwise, previous to the act of incorpora- 
tion. 

Sec. 12th. And be it further enacted, That the General Sonnwyb?" 
Court may dissolve said Corporation, whenever it shall certainrale. 
appear to their satisfaction that the income arising from 
the 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 per centum by 
the year, and thereupon the property of the said road 
shall be vested in this Commonwealth, and be at their dis- 
posal. Provided That if said Corporation shall neglect 
to complete the said Turnpike road for the space of three 
years from the passing of this Act, the same shall be void 
and of no effect. Approved March 8, 1802. 



378 



Acts, 1801. — Chapter 70. 



Corporate 
name. 



Manner of 
calling the first 
meetiDg, and 
business to be 
done at it. 



1801. — Chapter 70. 

[January Session, ch. 46.] 

AN ACT TO INCORPORATE CERTAIN PROPRIETORS OF MEADOW 
LANDS LYING ON PEQUIT BROOK, WITHIN THE TOWN OF 
CANTON FOR THE PURPOSE OF FLOWING & DRAINING OFF 
THE STAGNANT WATERS, & FOR THE BETTER IMPROVING 
THE SAID LANDS. 

Sect. 1. Be it enacted by the Senate & House of 
Representatives in General Court Assembled, & by the 
Authority of the same, That from & after the passing 
of this Act all the Proprietors of certain Meadow Lands 
adjoining on Pequit Brook between the road that leads 
from Canton to Stoughton, & upland owned by Capt. Ar- 
chibald McKendry & Mr. Elijah Gill in the County of 
Norfolk be & they are hereby incorporated into a body 
Politic by the name of The Proprietors of Pequit Brook 
Meadows, & by that name may sue & be sued, & do & 
suffer all matters acts or things which bodies politic may 
or ought to do & suffer. 

Sect. 2. And be it further enacted, that any Justice 
of the Peace in the County of Norfolk be & he hereby is 
empowered & directed upon application in writing from 
five or more of said Proprietors to issue his warrant to 
one of the Proprietors aforesaid, requiring him to notify 
& warn a meeting of said Proprietors, at such time & 
place as he shall think most convenient & for the purposes 
to be expressed in said warrant by posting up copies of 
said warrant with the notification thereon at the houses of 
Public Worship in the towns of Canton & Stoughton 
seven days at least before the time for holding said Meet- 
ing & the said Proprietors when legally assembled as 
aforesaid shall have power to choose a Clerk, Committee, 
Assessors, Collector or Collectors of Taxes & Treasurer, 
who shall be sworn to the faithful discharge of the trust 
reposed in them & continue to serve until others are chosen 
& sworn in their places which may be annually, which offi- 
cers chosen & sworn as aforesaid shall have the same power 
to perform, execute & carry any vote or order of said cor- 
poration into full effect as town officers of like description 
have by law to do & perform & said Corporation shall at 
their first meeting agree & determine upon the method for 
calling future meetings & said corporation shall at their 
first meeting, or any other meeting legally called for that 



Acts, 1801.— Chapter 71. 379 

purpose have power to vote & raise monies for the pur- Money may be 
pose of removing the bars & other shoal places in said 
Pequit Brook for the purpose of draining off the stagnant 
water from said Meadows from time to time as shall be 
found necessary for saving the grass growing thereon & 
for making & keeping in repair a Floom at the Dam 
where it has usually been in times past, & to pay all other 
expences that shall be found necessary for the better man- 
agement thereof, & for carrying the votes & orders of said 
Corporation into effect. And all monies raised as aforesaid 
shall be assessed upon each Proprietor in the Meadows 
aforesaid in proportion to the number of acres, or the 
value thereof, he or she owns — And if any Proprietor Lands of deiin. 
shall refuse or neglect to pay the sum or sums assessed 80 id. 
upon him, or her as aforesaid, after sixty days notice, so 
much of his, or her Meadow land shall be sold as will be 
sufficient to pay the same with legal costs in the same way 
& manner non-resident Proprietors lands in this Common- 
wealth are sold to pay taxes. Approved March 8, 1802. 

1801. — Chapter 71. 

[January Session, ch. 47.] 

AN ACT TO PREVENT THE CIRCULATION AND CURRENCY OF 
BANK BILLS OF A DENOMINATION LESS THAN FIVE DOLLARS. 

Whereas the circulation and currency of Bank Bills of Preamble - 
a denomination less than five dollars, within this Common- 
wealth is attended with many inconveniences subjecting the 
holders of such Bills to frequent loss — preventing the cir- 
culation of small change, and giving to the Citizens of other 
Stales privileges denied to our own: 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 first day of July next, SanWoiiare" 
no person shall pav, or receive in discharge of any con- not to be re- 

1 , . *■ J n ill • i ■ i ceived or paid. 

tract, or bargain, or for any valuable consideration what- 
ever, any Bill issued by any Bank, or Banking Company, 
other than the Bank of the United States or the several 
Banks within this Commonwealth of a less denomination 
than five dollars under a penalty of four dollars, to be re- 
covered, as well of the person, so paying, as of the person 
so receiving, by action of debt, with costs of suit, to the 
use of any person, or persons who shall within one Year 
thereafter prosecute for the same. 

Approved March 8, 1802. 



380 



Acts, 1801. — Chapters 72, 73. 



Preamble. 



Two additional 
years allowed 
for completing 
the road. 



1801. — Chapter 72. 

[January Session, ch. 48.] • 

AN ACT IN ADDITION TO THE ACT ESTABLISHING THE WILL- 
IAMSTOWN TURNPIKE CORPORATION. 

Whereas in and by an act entitled " An act establishing 
the Williamstown turnpike corporation" passed the first 
day of March in the year of our Lord one thousand seven 
hundred and ninety nine, it is provided, that if the said 
corporation shall neglect to complete the turnpike road in 
the said act mentioned, for the space of three years from 
the time of passing said act, that then the same act should 
become void and of no effect; and whereas it is reasonable, 
that the said corporation should be allowed further time for 
completing said turnpike road. 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 said Corporation be, and hereby is 
allowed the further time of Two years from the passing of 
this act for compleating the turnpike road aforesaid : And 
if the said road shall be completed within the time in, and 
by this act allowed for the completion thereof, and in the 
manner provided in the act, to which this is in addition, 
it shall have the same operation and effect, in all respects, 
as though the said corporation had completed the same 
within the time limited therefor in the act aforesaid. 

Approved March 8, 1802. 



Governor 
authorized to 
pay certain 
rewards. 



1801. — Chapter 73. 

[January Session, ch. 49.] 

AN ACT TO AUTHORIZE THE GOVERNOR IN CERTAIN CASES, TO 
OFFER A REWARD FOR THE APPREHENDING AND SECURING 
PERSONS ESCAPING FROM PRISON, AND FOR OTHER PURPOSES. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That the Governor be and he is hereby au- 
thorized, whenever it shall appear to him necessary, to 
offer and pay a suitable reward, not exceeding One Thou- 
sand Dollars in any one case, to any person or persons, 
who shall in consequence of such offer, apprehend, bring 
back, and secure any person or persons escaping from any 
of the prisons in this Commonwealth, convicted of any 



Acts, 1801. — Chapter 74. 381 

capital crime, or other high handed offence and misde- 
meanor, or charged therewith. And he is also further 
authorized to offer and pay a like reward for the appre- 
hending any person or persons having committed any 
such crime or offence as aforesaid, where it cannot be done 
in the ordinary and common course of proceeding, if in 
his opinion the public good requires it. And the Gov- 
ernor, with advice of Council, is hereby authorized to 
issue his Warrant on the Treasury, for the payment of 
such reward. Approved March 8, 1802. 



1801. — Chapter 74. 

[January Session, ch. 30.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS, FOR THE PUR- 
POSE OF BUILDING A BRIDGE OVER NEPONSET RIVER BE- 
TWEEN DORCHESTER & QUINCY, AND FOR SUPPORTING THE 
SAME. 

Whereas the erecting a bridge over JSfeponset river from Preamble. 
Preston' s point in Dorchester, to Billings's rocks in Quincy, 
will be of great public ulillity, and Benjamin Beal and 
Moses Black esquires and others, have petitioned this 
Court for an Act of incorporation to empotver them to build 
the said bridge, and many persons, under the expectation 
of such an Act, have subscribed to a fund, for the purpose 
of erecting and completing the same. 

Sec. 1st. Be it therefore enacted by the Senate and 
House of Representatives in General Court assembled, and 
by the authority of the same, That Benjamin Beale, Moses corporate 
Black, John Davis, John Phillips, and Josiah Quincy name ' 
esquires, so long as they shall continue to be proprietors 
in the said fund, together with all those who are, or shall 
hereafter become proprietors in said stock or fund, shall 
be a Corporation and Body politic, under the name of 
The proprietors of Neponset Bridge, and by that name 
may sue and prosecute, and be sued and prosecuted to 
final judgment and execution, and do and suffer all mat- 
ters and things which Bodies politic may or ought to do 
and suffer, and that the said Corporation shall and may 
have full power and authority to make, have and use a 
common seal, and the same to break and alter at pleasure. 

Sec. 2d. And be it further enacted, That the said First meeting. 
Benjamin Beale, Moses Black, John Davis, John Phillips 
and Josiah Quincy, or any three of them, may by advertise- 



382 



Acts, 1801. — Chapter 74. 



Officers to be 
chosen, and 
regulations 
established. 



Toll estab- 
lished. 



ment in any two News papers, warn or call a meeting of 
the said proprietors to be holden at any suitable time and 
place, after fifteen days from the publication of such 
advertisement ; and the said proprietors, by a vote of the 
majority of those present or represented at the said meet- 
ing, (accounting and allowing a vote to each single share 
in all cases) shall choose a Clerk, who shall be duly sworn 
to the faithful discharge of his office ; and shall also agree 
on a method for calling future meetings ; and at the same, 
or any subsequent meeting, may make and establish any 
rules and regulations that shall be necessary for regulat- 
ing the said Corporation, for effecting, completing and 
executing the purposes aforesaid, or for collecting the toll 
hereafter granted ; and the same rules and regulations may 
cause to be kept and executed, or for the breach thereof 
may order and enjoin fines & penalties, not exceeding 
Thirteen Dollars ; provided the rules and regulations are 
not repugnant to the Laws or Constitution of this Com- 
monwealth. And the said proprietors may also choose 
and appoint any other Officer or Officers of the said Cor- 
poration, that they may deem necessary ; and all repre- 
sentations at the said meeting, shall be proved in writing, 
signed by the person making the same, by special appoint- 
ment which shall be filed with, or recorded by the Clerk ; 
and this Act, and all rules, regulations and votes of said 
Corporation, shall be fairly and truly recorded by the said 
Clerk, in a book or books for that purpose to be provided 
and kept. 

Sec. 3d. And be it further enacted, That for the pur- 
pose of reimbursing the said proprietors, the money by 
them expended, or to be expended in building & support- 
ing the said Bridge, a toll be, and hereby is granted and 
established, for the sole benefit of the said proprietors, 
according to the rates following. For each foot passenger 
two Cents, excepting all persons who shall be on military 
duty, and all such persons, with their military baggage, 
shall pass and repass said Bridge, free of toll. For each 
person and horse six Cents. For each horse and cart ten 
Cents. For each team drawn by more than one beast, 
twelve Cents and five milles. For each horse and chaise, 
sulkey or sleigh, twelve Cents and five milles. For each 
coach, chariot, phaeton and curricle, twenty five Cents. 
For each man and wheelbarrow, four Cents. For each 
horse and neat cattle, exclusive of those in teams, or rode 



Acts, 1801. — Chapter 74. 383 

on, three Cents. For sheep per dozen, three Cents, and 

for each swine one Cent, and to each team one person, 

and no more, shall be allowed as a driver to pass free from 

toll ; and the time when the tollgatherer shall not attend 

his duty, the gate or gates shall be left open. And the 

said toll shall commence on the day of the opening of the 

said Bridge for passengers ; and shall continue for, and 7o°ye t a°r8 C ! ontinue 

during the term of seventy years, at the end of which 

time the said Bridge shall be delivered up in good repair, 

to, and for the use of this Government. Provided that Estimate of 

, . . . T1 . . , „. . expenses and 

at the time ot opening said Bridge, the said Corporation receipts to be 
shall cause a true and just account of the expences thereof, 
and at the end of every three years thereafterwards, a 
just and true account of their receipts and disbursements 
to be returned into the office of the Secretary of this Com- 
monwealth, and that alter forty years from the opening 
said Bridge, the General Court may regulate the rates of 
toll receivable at the said Gate. 

Sec. 4th. And be it further enacted, That the said a road from 

. J ' Quincy meet- 

proprietors be and hereby are authorized to lay out and mg house 

authorized 

make a road from the meeting house in Quincy, not less 
than three nor more than four rods wide leading to said 
bridge, and in the direction mentioned in the petition of 
the said Benjamin Beale and others, or in such other direc- 
tion as the Justices of the General Sessions of the peace 
for the County of Norfolk, may, upon application from 
said proprietors, authorize. And the said proprietors 
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 to be appointed by the said Court of 
General Sessions of the Peace in said County, saving to 
either party the right of trial by Jury, according to the 
law which makes provision for the recovery of damages, 
happenning by laying out public highways. 

Sec. 5th. And be it further enacted, That the said Je^""™ 
Bridge shall be well built, at least thirty feet wide, and !> u . i ' diDg . 1 ' he 
ot good and suitable materials, <fc on the easterly side of materials, &c. 
the channel a part of the bridge shall be high enough for 
a Gondola loaded with hay to pass at high tide, and shall 
have, at a suitable place, a good Draw or passage way 
thirty feet wide, which shall be constantly attended, and 
at all times be opened by the Proprietors of the said 
Bridge, when required, through which Vessels may pass 



384 



Acts, 1801. — Chapter 74. 



A Sign-board 
of the toll to 
be erected. 



Right to regu- 
late the passing 
of vessels re- 
served. 



Penalty for 
unreasonably 
delaying ves- 
sels. 



both by day and by night, without toll, with a well con- 
structed substantial pier fifty feet long, and forty feet 
wide on the east side ; and a sufficient pier on the west 
side, for the free use of all Vessels, well covered with 
plank or timber on the top, suitable for such a bridge and 
piers, with sufficient rails outside, planked three feet high 
on each side, and on one side an inside railing five feet 
distant from the outside railing, for the safety of passen- 
gers ; and the same shall be kept in good, safe and passa- 
ble repair for the term aforesaid, and at the end of the 
said term, the said Bridge shall be left in like repair. 
And it shall be lawful for the Proprietors of said Bridge 
to make the leaves of said Draw sixteen feet long, instead 
of thirty feet, the width of said Bridge. 

Sec. 6th. And be it further enacted, That the said 
Proprietors shall, at the several places where the toll shall 
be received, erect and constantly expose to open view a 
sign or board, with the rates of toll of all tollable articles 
fairly and legibly written thereon in large or capital let- 
ters, and keep twenty Lamps properly placed on said 
Bridge, which shall be constantly supplied with oil, and 
kept burning from night fall untill twelve of the Clock, 
and those at the Draw, during the whole night. And 
whereas the provisions contained in this Act, for a Draw 
& piers, as appendages to the said Bridge, are intended 
to secure a free & unembarrassed navigation for vessels 
having occasion to pass the same. 

Sec. 7th. Be it therefore farther enacted, That from 
and after two years from the first opening, and receiving 
toll at said bridge, the Legislature upon representation 
made, may from time to time make such further addi- 
tional provisions and regulations relating to the Draw, 
and passing of Vessels, as upon actual experience will be 
found necessary. 

Sec. 8th. And be it further enacted, That in case the 
Proprietors of the said Bridge, or any tollgatherer, or 
officer by them appointed, shall neglect or refuse to open 
the Draw, or unnecessarily detain any vessel about to 
pass the same, the said Corporation shall forfeit and pay 
for every such refusal, neglect or unreasonable detention, 
a sum not exceeding fifty Dollars nor less than twenty 
Dollars, to be recovered by the owner or owners of such 
vessels, and to their use in any Court proper to try the 
same, by special action on the case. 



Acts, 1801. — Chapter 75. 385 

Sec. 9th. And be it further enacted, That if the said Time of buna- 

/• /» i ln 8 limited. 

proprietors shall neglect or refuse for the space of five 
years after the passing of this Act, to build the said 
Bridge, then this act shall be void and of no effect. 

Approved March 11, 1802. 

1801. — Chapter 75. 

[January Session, ch. 61.] 

AN ACT TO ALTER THE NAMES OF CERTAIN PERSONS THEREIN 
MENTIONED. 

Be it enacted by the Senate, and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That from and after the passing of this act, 
Humphry Stanwood of Newbury port in the County of 
Essex, and Commonwealth aforesaid, cooper, shall be 
allowed to take the name of Humphry Woodbury ; — 
And that Judith Stanwood, and Agnes Stanwood, the 
said Humphry's daughters, shall also be allowed to take 
the surname of Woodbury ; — That Robert Hallowell, the 
younger, of Boston, in the County of Suffolk, Gentleman, 
shall be allowed to take the name of Robert Hallowell 
Gardiner ; — That Thomas Denny, the second, of Leices- 
ter, in the County of Worcester, son of Samuel Denny, of 
said Leicester, shall be allowed to take the name of 
Nathaniel P. Denny ; — That Levi H. Hardy, of Worces- 
ter, in the County of Worcester, shall be allowed to take 
the name of Samuel Hardy; — That John Benson, of 
Boston, in the County of Suffolk, Merchant, son of Joseph 
Benson, of Scituate in the County of Plymouth, shall be 
allowed to take the name of John Henry Benson ; — That 
Josiah Vose, of Boston, son of Joseph Vose, of Milton, 
in the County of Norfolk, Esquire, shall be allowed to 
take the name of [of] Josiah Howe Vose. — That Nathaniel 
Thayer, of Boston, in the County of Suffolk, and son of 
Ebenezer Thayer, Esqr. of Braintree, in the County of 
Norfolk, shall be allowed to take the name of Nathaniel 
Frederick Thayer; — And, That Samuel Curwen Ward, 
junr. a minor, son of Samuel Curwen Ward, of Salem, in 
the County of Essex, Gentleman, shall be allowed to take 
the name of [of] Samuel Curwen. And said persons shall 
in future be respectively known and called by the names, 
which they are respectively allowed to take as aforesaid, 
and the same shall be considered as their only proper 
Names to all intents and purposes. 

Approved March 11, 1802. 



386 



Acts, 1801. — Chapter 76. 



17 Districts 
formed. 



1801. — Chapter 76. 

[January Session, ch. 52.] 

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

Sec 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, <& by the 
authority of the same, That this Commonwealth be, and it 
hereby is divided into seventeen Districts as in this act 
defined and described, for the purpose of choosing Repre- 
sentatives, to represent this Commonwealth in the Con- 
gress of the United States, after the present Congress ; 
in each of which Districts one Representative, being an 
inhabitant of the District for which he shall be elected, 
shall be chosen in the manner hereinafter prescribed. 

Sec. 2d. Be it further enacted, That the said seven- 
teen Districts shall be formed & limited in manner follow- 
ing, viz. 
Suffolk District. The Towns in the County of Suffolk, together with the 
towns of Charlestown, Medford & Maiden, in the County of 
Middlesex, shall constitute one District, to be called Suf- 
folk District. 

The Towns of Lynn, Lynnfield, Salem, Marblehead, 
Danvers, Beverly, Manchester, Wenham and Gloucester, 
in the County of Essex, shall constitute one District, to 
be called Essex South District. 

The Towns and Districts in the .County of Essex, not 
included in Essex South District, shall, together with the 
town of Reading, in the County of Middlesex, constitute 
one District, to be called Essex North District. 

The Towns & Districts in the County of Middlesex, 
excepting the town of Reading, and excepting also those 
towns which are in this act included in Suffolk and Nor- 
folk Districts, respectively, shall constitute one District, 
to be called Middlesex District. 

The Towns of Ware, Belchertown, Granby, South Had- 
ley, Hadley, Northampton, West Hampton, Norwich, 
Worthington and Middlefield, in the County of Hamp- 
shire, together with the Towns and Districts in the same 
County lying southerly of the abovenamed towns, shall 
constitute one District, to be called Hampshire South 
District. 



Essex S. Dis 
trict. 



Essex N. Dis- 
trict. 



Middlesex 
District. 



Hampshire S 
District. 



Acts, 1801. — Chapter 76. 387 

The Towns and Districts in the County of Hampshire, Hampshire n. 
not included in the last named District, shall constitute 
one District, to be called Hampshire North District. 

The Towns and Districts in the County of Plymouth Plymouth 
shall constitute one District to be called Plymouth District. 

The Towns and Districts in the Countys of Barnstable, Barnstable 
Dukes County and Nantucket, together with the town of l8tnct " 
New Bedford, in the County of Bristol, shall constitute 
one District, to be called Barnstable District. 

The Towns and Districts in the County of Bristol, ex- Bristol District, 
cepting the town of New Bedford, shall constitute one 
District, to be called Bristol District. 

The Towns of New Braintree, Spencer, Leicester, Worcester s. 
Worcester, Shrewsbury, Northborough and Southborough, Dl8trict - 
in the County of Worcester, together with the Towns and 
Districts in the same County, lying southerly of the above 
named towns, shall constitute one District, to be called 
Worcester South District. 

The Towns and Districts in the County of Worcester, Worcester n. 
not included in the last named District, shall constitute 
one District, to be called Worcester North District. 

The Towns, Districts & plantations in the County of g? 8 r t k r -£ t ire 
Berkshire, shall constitute one District, to be called Berk- 
shire District. 

The Towns and Districts in the County of Norfolk, to- Norfolk 
gether with the towns of Newton, Natick, Sherburne, 
Hopkinton and Holliston, in the County of Middlesex, 
shall constitute one District, to be called Norfolk District. 

The Towns, Districts and Plantations in the County of T ° rk District. 
York shall constitute one District, to be called York Dis- 
trict. 

The Towns, Districts and Plantations in the County of £" 8 m ,!?® t rIand 
Cumberland, shall constitute one District, to be called 
Cumberland District. 

The Towns, Districts & Plantations in the County of Lincoln 
Lincoln, together with the towns of Islesborouoh, Vinal- 
haven, Prospect, Northport, Ducktrap, Belfast and Deer 
Isle, in the County of Hancock, shall constitute one Dis- 
trict, to be called Lincoln District. 

The Towns, Districts and Plantations in the Counties of Kennebeck 
Kennebeck, Hancock & Washington, excepting those 
towns in the County of Hancock, included in Lincoln Dis- 
trict, shall constitute one District, to be called Kennebeck 
District. 



388 



Acts, 1801. — Chapter 76. 



Election to be 
held In Nov. 
biennially. 



Time for re- 
turning votes. 



Gov. to certify 
the choice. 



Case of no 
choice. 



Sec. 3d. Be it further enacted, That the Selectmen 
of the several Towns and Districts within this Common- 
wealth, shall, in manner as the law directs for calling 
town-meetings, cause the inhabitants of their respective 
towns and Districts, duly qualified to vote for Represent- 
atives in the General Court of this Commonwealth, to 
assemble on the first Monday of November, biennially, 
beginning in November next, to give in their votes for 
their respective Representative, to the Selectmen who 
shall preside at said meetings ; and the Selectmen, or the 
major part of them, shall, in open town-meeting, sort and 
count the votes, and shall form a list of the names of the 
persons voted for, with the number of votes for each per- 
son written in words at length against his name ; and the 
Town Clerk shall make a record thereof; and the Select- 
men shall, in such meeting, make public declaration of the 
persons voted for, and of the number of votes they respec- 
tively have, and shall, in open town meeting, seal up the 
said list, certified by the Selectmen, and express upon the 
outside of the said list the District in which the votes 
were given ; and shall transmit the same within fourteen 
days next after such meeting, to the Secretary of the 
Commonwealth or to the Sheriff of the County in which 
such town or District lies, who shall transmit the same to 
the Secretary of the Commonwealth within forty days 
next after the time of holding such meeting ; and the Sec- 
retary shall lay the same before the Governor and Council, 
and in case of an election for any District by a majority 
of the votes returned from such District, the Governor 
shall forthwith transmit to the person so chosen a Certifi- 
cate of such choice, signed by the Governor, and coun- 
tersigned by the Secretary. And the Selectmen of such 
towns and Districts as lie within any County in which 
there may be no Sheriff, shall return such lists to the Sec- 
retary's Office within the same term of time as Sheriffs are 
required to do. 

Sec. 4th. Be it further enacted, That in case no per- 
son shall be chosen by a majority of all the votes returned 
from any District, the Governor shall cause Precepts to 
issue to the Selectmen of the several Towns & Districts 
within such District, directing and requiring such Select- 
men, to cause the inhabitants of their respective Towns 
and Districts, qualified as aforesaid, to assemble as afore- 
said, on a day in such precept to be appointed, to give in 



Acts, 1801. — Chapter 76. 389 

their votes for a Representative in Congress as aforesaid ; 
which precept shall be accompanied with a list of persons 
voted for in such District, shewing the number of votes 
for each person, according to the first return ; and the 
same proceedings shall be had thereon in all respects, as 
before directed in this Act ; and the Selectmen shall make 
return to the Secretary of the Commonwealth, or to the 
Sheriff, in manner as aforesaid, within fourteen days next 
after the time of holding such meetings ; and the Sheriff 
shall make return thereof into the Secretary's office, on or 
before such day as the Governor shall appoint in such 
Precept ; and the Selectmen of such Towns and Districts 
as lie within any County in which there may be no Sheriff, 
shall return such lists to the Secretary's Office within the 
same term of time, as Sheriffs are required to do. And b e 8 8 \,°bnliued t0 
the Secretary shall lay the lists, so returned to his Office, (? ^° c v il and 
before the Governor and Council ; and the Governor shall 
cause the person or persons who shall be chosen as afore- 
said, to be served with a Certificate thereof, as aforesaid ; 
and like proceedings shall be again had, in case any Dis- 
trict shall fail of completing the choice of its. Representa- 
tive ; and the Governor shall issue his Precept accordingly, 
to the Selectmen of those Towns and Districts of such 
Districts, wherein the choice of Representatives shall not 
have been made ; and like proceedings shall be had as 
often as occasion may require. 

Sec. 5. Be it further Enacted, That whenever any case of 
vacancies shall happen in the representation of this Com- VI 
monwealth in the Congress of the United States, the Gov- 
ernor shall cause Precepts to issue to the Selectmen of the 
several Towns and Districts within any District in which 
such vacancy may happen, directing and requiring them 
to cause the Inhabitants of their respective Towns & Dis- 
tricts to assemble on a day in such precept to be appointed, 
to give in their Votes for a Representative to supply such 
vacancy; and like proceedings shall, from time to time, 
in all respects be had as are herein before provided. 

Sec. 6. Be it further Enacted, That it shall be the sheriff, to die- 
duty of the Sheriffs of the several Counties of the Com- cepts; and 
monwealth, on receiving copies of this Act, or any Pre- 
cept from the Governor for the purpose herein mentioned, 
to transmit the same seasonably to the Selectmen of the 
several Towns & Districts, and to the Assessors of the 
several Districts & Plantations where there may be no 



390 



Acts, 1801. — Chapter 76. 



Fee for return- 
ing votes. 



Penalty for 
a Sheriff's or 
Selectman's 
neglecting his 
duty herein. 



Assessors of 
districts em- 
powered, &c. 



Selectmen within their respective Counties, to whom such 
Copies or Precepts may be respectively directed. And 
the several Sheriffs shall, for the said service, be entitled 
to receive out of the Treasury of this Commonwealth fifty 
cents for each of the Copies & of the Precepts so by them 
distributed to the Selectmen of the Towns & Districts & 
to the Assessors of the Districts & Plantations in their 
Counties, where there may be no Selectmen ; Provided 
however, That no Sheriff, who shall neglect seasonably to 
transmit all and every of the Copies & precepts, by him 
received, in manner aforesaid, shall be entitled to any 
compensation for distributing any of such Copies or pre- 
cepts. — And for returning the votes as aforesaid each 
Sheriff shall be entitled to receive twenty Cents per mile, 
Computing from the place of abode of each Sheriff to the 
Secretary's Office. And in either case, the Sheriffs shall 
present their Accounts to the Committee on Accounts for 
examination & Allowance. 

Sec. 7. Be it further Unacted, That any Sheriff, who 
shall neglect to perform the duties which by this Act, he 
is directed to perform, shall; for each neglect, forfeit & 
pay the sum of Two thousand dollars, to be recovered 
by an Action of Debt in the name & to the Use of the 
Commonwealth. — And for any such neglect of any Sheriff 
it shall be the duty of the Attorney General and of the 
Solicitor General to prosecute, within one year thereafter. 
— And if any Selectmen shall neglect to perform any of 
the duties which by this Act they are required to perform, 
each selectman, so neglecting, shall forfeit and pay a sum 
not exceeding two hundred dollars, nor less than thirty 
dollars, to be recovered by an Action of Debt or On the 
Case, one moiety thereof to the prosecutor & the other 
moiety thereof to the use of the Commonwealth. 

Sec. 8. Be it further Enacted, That the Assessors of 
those Districts & plantations where there may be no Se- 
lectmen, shall have the same powers and perform the same 
duties, for the purposes of this Act, as are herein given 
to or required of Selectmen, and shall incur like penalties 
in case of neglect. 

Sec. 9. Be it further Enacted, That this Act shall be 
construed to extend to those plantations only which shall 
choose Assessors to assess the public taxes which shall be 
set to such Plantations in the tax-Act next preceding the 
several elections. 



Acts, 1801. — Chapter 77. 391 

Sec. 10. And be it further Unacted, That this Act, JjK° n of 
until a new apportionment of Representatives among the 
several States shall be made ; And for the purpose of sup- 
plying any vacancy or vacancies which may happen in the 
Representation of this Commonwealth in the Congress of 
the United States which shall make such apportionment, 
shall continue & be in full force. 

Approved March 10, 1802. 

1801. — Chapter 77. 

[January Session, ch. 53.] 

AN ACT TO ESTABLISH THE FOURTEENTH MASSACHUSETTS 
TURNPIKE CORPORATION. 

Whereas the highway leading from Greenfield, through Pr <>ambie. 
Shelburne, Buckland and Charlemont, to the East end of 
the Second Massachusetts Turnpike Corporation is circui- 
tous and rocky ; and the expence of Straitening and re- 
pairing the same through the said towns, so as to be 
conveniently travelled with horses and Carriages, is much 
greater than can be reasonably required of the said towns. 

Section 1. Be it enacted by the Senate <& House of 
Representatives, in General Court assembled, and by the 
authority of the same, that Jerom Ripley, Calvin Munn, persons 
Caleb Clap, Jonathan Leavitt, Hart Leavitt, Beriah Wil- incor P° rated - 
lard, Daniel Wells, Samuel Wells, Solomon Smead, Da- 
vid Wells, and William Wells, together with such others 
as may associate with them, & their successors, be, and 
they are hereby constituted a Corporation by the name of 
the Fourteenth Massachusetts Turnpike Corporation, and 
shall by that name sue and be sued, and shall have a com- 
mon Seal, and enjoy all the powers & privileges, which 
are by Law incident to Corporations, for the purpose of 
laying out & making a Turnpike road from the west end 
of the fifth Turnpike road beginning at the dwelling course of the 
House of Calvin Munn in Greenfield, and Continue West- 
ward thro' Greenfield Street, to the West end of Sam- 
uel Wells' barn, from thence South- Westerly to Green 
river, (over which there must be a bridge) then in a di- 
rect line, to the South side of the Dwelling house of Sol- 
omon Smead Esqr., from thence by the most convenient 
rout, near to the dwelling house of Colonel David Wells 
in Shelburne, from thence in the most convenient and 
direct line near to Deacon Boyd's house in Shelburne, 



392 



Acts, 1801. — Chapter 77. 



Two gates 
allowed. 



Toll estab- 
lished. 



thence Westward in the most direct line to a ches[£]nut 
tree, a few rods West of William Kemp's dwelling house, 
and from thence in the most direct line, to the most con- 
venient bridge place on Deerfield River, being however at 
or below the falls so called, thence by a Bridge over said 
River into the town of Buckland, thence Westerly, near 
said river as is convenient, opposite to the dwelling house 
of Captain Ebenezer Montague in Charlemont, thence 
across said Deerfield River, to the north side of the same, 
where there must be a bridge, then on the North side of 
the said River, and as near said River as is convenient, 
westerly to the dwelling house of Jared Hawks, from 
thence in the most convenient rout to the East end of the 
aforesaid second Turnpike road, at the West line of 
the County of Hampshire, and for making and 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 Ses- 
sions of the Peace for the County of Hampshire, for that 
purpose, such Committee not having any shares or Inter- 
est in said Turnpike, then the said Turnpike Corporation 
shall be authorised to erect two Turnpike gates on the 
said road, at such places, as the said Committee of the 
said Court of Sessions, and the said Corporation shall 
judge necessary & convenient fox collecting the toll, and 
shall be entitled to receive of each Traveller or passenger, 
at each of the said Gates, the following rates of toll, vizt. 
For each Coach, Phaeton, 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 horses or Oxen twelve & half Cents, and 
if drawn by more than two Oxen or horses, an additional 
sum of three Cents for each Ox or horse, for every curri- 
cle, sixteen cents ; for every Chaise, Chair, or other Car- 
riage drawn by one horse, twelve Cents & an half; for 
every Man and Horse five Cents, for every Sled or sleigh, 
drawn by two Oxen or horses, nine cents, and 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, led or driven, besides those 



Acts, 1801. — Chapter 77. 393 

in Teams and Carriages one Cent each ; for all Sheep or 
Swine, at the rate of three cents for one dozen: Pro- Proviso. 
vided that said Corporation may if they see Cause, Com- 
mute the rate of toll, with any person or persons, by 
taking of him or them, a certain sum annually, to be mu- 
tually agreed on, in lieu of the toll aforesaid. Provided 
however, that no gate shall be Erected on the road now 
travelled, between the house of William Kemp in Shel- 
burne, and the North River so called. 

Section 2. And be it further enacted, that the said anow°ed a to 0n 
Corporation, may purchase and hold land, over which they ^oidiand. 
may make said road ; and the Justices of the Court of 
General Sessions of the Peace, in the County of Hamp- 
shire, are hereby authorised, on application of said Cor- 
poration, to lay out said road or any part thereof, within 
the County of Hampshire, as with the consent of said 
Corporation they shall think proper. And the said Cor- 
poration shall be liable to pay all damages 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, of the County of Hamp- 
shire, 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 High- 
ways. 

Section 3. And be it further enacted, that if said J^eMonaWy 
Corporation, or their Toll-gatherer, or others in their delaying pas- 
employ, 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 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 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 indi- 
vidual member of said Corporation, living in the County 
where the Action may be brought, or by reading the same 
to the said Treasurer or individual member, at least seven 
days before the trial. And the Treasurer of said Corpo- 
ration, or individual member, shall be allowed to defend 
the same suit in behalf of the said Corporation. And the 



394 



Acts, 1801. — Chapter 77. 



Penalty for 
injuring the 
road or gates. 



Penalty for 
attempting to 
evade the toll. 



Proviso. 



Shares deemed 
personal estate 
— mode of 
transfer and 
attachment. 



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 defect 
of Bridges, or want of repairs in said way, and shall also 
be liable to presentment by the Grand Jury, for not keep- 
ing the same in good repair. 

Section 4. And be it further Enacted, that if any 
person shall cut, break down, or otherwise injure or 
destroy, either of the 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 at- 
tempt to pass the said gates by force, without having first 
paid the legal toll at such gate, such person shall forfeit 
and 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 on 
the Case : And if any person with his team, Cattle, or 
horse, turn out of said road, to pass any of the Turnpike 
gates & again enter on the said Road, with intent to evade 
the toll, due by virtue of this Act, such person shall for- 
feit and pay three times so much as the legal toll would 
have been, to be recovered by the Treasurer of the said 
Corporation, to the use of the same, in an Action of debt 
or on the Case : Provided, that nothing in this Act shall 
extend, to entitle the said Corporation to demand and re- 
ceive toll of any person, who shall be passing with his 
horse or Carriage, to or from Public Worship, or with his 
horse, team, or Cattle, to or from his Common labour on 
his farm, or to or from any grist Mill, or on the common 
& ordinary business of family concerns, or from any per- 
son or persons, passing on Military duty. 

Section 5. And be it further enacted, that the shares 
in the same Turnpike road, shall be taken, deemed, and 
considered to be personal estate, to all intents & pur- 
poses, & shall & may be transferable : And the mode of 
transferring said Shares shall be by deed, acknowledged 
before any Justice of the Peace, & recorded by the Clerk 
of the said Corporation, in a book for that purpose to 
be provided and kept. And when any shares shall be 
Attached on mesne process, or taken in Execution, an 
Attested copy of such Writ of Attachment or Execution, 
shall at the time of the Attachment or taking in Execution, 
be left with the Clerk of the Corporation, otherwise the 
Attachment or taking in Execution shall be void ; and 



Acts, 1801. — Chapter 77. 395 

such Shares may be sold on Execution in the same man- 
ner, as is or may by law be provided for making sale of 
personal property on Execution ; the Officer making the 
Sale, or the judgment Creditor, leaving a Copy of the 
Execution and the Officers return on the same with 
the Clerk of said Corporation, within fourteen days after 
such Sale, and paying for the recording of the same, shall 
be deemed and Considered, as a sufficient transfer of such 
share or shares in the said Turnpike road. 

Section 6. And be it further Unacted, that the first First meeting, 

J and the busi- 

meeting of the said Corporation shall be held at the House neas to be 
of Calvin Munn, inholder in Greenfield, on the fifteenth 
day 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 his said Office, 
and such other Officers as may then and there be agreed 
upon by the said Corporation. And said Corporation 
may then establish such rules and regulations, as shall be 
judged necessary, for the better management of its affairs : 
Provided such regulations shall not be repugnant to the 
Constitution and Laws of this Commonwealth ; and the 
said Corporation may at the same time agree upon a 
method for calling future meetings. 

Section 7. And be it further enacted, that the said receipu'and 
Corporation shall, within six months after the said road is gXwted tobe 
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 ac- 
count of the income, or dividend, arising from the said 
toll, with their necessary annual disbursements on said 
road, and that the books of the said Corporation shall at 
all times, be subject to the inspection of a Committee to 
be appointed by the General Court, or to the inspection 
of the Governor & Council, when called for. 

Section 8. And be it further Enacted, that whenever M ^f n of ,P i r l S l " a 
any proprietor shall neglect or refuse to pay any tax or delinquent 
assessment duly Voted and agreed upon by the Corpora- propr 
tion to their Treasurer, within sixty days after the time 
set for the payment thereof, the Treasurer of the said 
Corporation is hereby authorized 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 nec- 
essary incidental charges, after duly notifying in the news 
paper printed in Greenfield, or in case there shall be no 



396 



Acts, 1801. — Chapter 78. 



A sign-board 
to be erected. 



Corporation 
may be dis- 
solved. 



such paper printed there at the time, then in any other 
newspaper printed in the County of Hampshire, the sum 
due on any such shares, & the time and 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 the same ; and on produc- 
ing 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 person, 
whose Shares were then sold. 

Section 9. And be it further Enacted, that the said 
Corporation, shall at all places, where the said toll shall 
be collected, erect and keep constantly exposed to view, 
a sign or board, with the rates of Toll, of all the tollable 
articles, fairly & legibly written thereon, in large or 
Capital Characters. 

Section 10. And belt further Enacted, that the Gen- 
eral Court may dissolve said Corporation whenever it 
shall appear to their satisfaction that the income arising 
from the said toll, shall have fully compensated the said 
Corporation, for all monies they may have expended, in 
purchasing, repairing, and taking care of said road, to- 
gether with an Interest thereon at the rate of twelve per 
Centum, by the year, and thereupon the property of the 
said road, shall be vested in this Commonwealth, & be at 
their disposal : Provided, that if the said Corporation 
shall neglect to Complete the said Turnpike road, for the 
Space of four years, from the passing of this Act, the 
same shall be void, and of no Effect. 

Approved March 11, 1802. 






1801. — Chapter 78. 

[January Session, ch. 54.] 

AN ACT TO REGULATE THE INSPECTION OF PORK INTENDED TO 
BE EXPORTED FROM THIS COMMONWEALTH. 

Sec. 1. Be it enacted by the Senate and House of 

Representatives, in General Court assembled, and by the 

No pork to be a uthority of the same, That from and and after the first 

shipped except f J 

as herein pro- day oi April next, no person or persons wnat-soever shall 



Acts, 1801. — Chapter 78. 397 

ship or export from this Commonwealth any salted pork, 
except in barrels or half barrels, of the quality and dimen- 
tions herein after 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 from and after 
the first day of April next, all pork packed or repacked 
in barrels or half barrels, for exportation, shall be sorted 
and divided by the Inspector or his Deputy, and denomi- 
nated as follows, Bone Midlings, Navy Mess Pork, Cargo 
No. 1, Cargo No. 2, and Refuse Pork; and in all cases 
the following parts shall be taken out as refuse, viz. 
Nose pieces, ears, brains, tails, feet, and lard. Bone Mid- Bone 
lings shall consist of middle pieces taken from hogs well 
fatted, weighing two hundred and thirty pounds or up- 
wards. Navy Mess Pork shall consist of all parts of the NnvyMess 
carcase, well fatted, weighing from one hundred and sixty 
pounds, to two hundred and thirty pounds, except the 
head, fore and hind legs, the shoulder joint, lard and ref- 
use parts abovementioned. Cargo No. 1 shall consist of cargo No. i. 
all parts of hogs, well fatted, averaging two hundred and 
twenty pounds or upwards, and each of which shall weigh 
not less than one hundred and eighty pounds, and to have 
no more heads, legs, shoulders or other course parts than 
belong to one carcase, deducting the lard and refuse as 
above. Cargo No. 2, shall consist of all parts of one and cargo No. 2. 
an half hog, well fatted, which shall weigh two hundred 
pounds, deducting the lard and refuse as above. Cargo 
No. 2 also, in half barrels, shall consist of pig pork, all 
parts of one carcase, or not, and not to contain the head 
or legs of more than one carcase, excluding the lard and 
refuse as above. Refuse Pork, shall consist of all other Refuse. 
kinds of pork of an unmerchantable, but wholesome qual- 
ity. Barrels filled with pork heads or feet, shall be 
branded Pork Heads or Feet, as the case may be, and in 
all cases where the legs of pork are taken out for bacon, 
or for any other purpose, the weight shall not be made 
up with heads or shoulders, but with other parts of the 
carcase not less valuable than the legs would be, if they 
were salted. And each barrell of pork shall be well 
salted with seventy pounds of clean coarse Salt, exclusive 
of a strong pickle. 

Sec. 3d. And be it further enacted, That every barrel g^Jf^J 1116 
or half barrel, in which pork shall be packed, or repacked contemn. 



398 



Acts, 1801. — Chapter 78. 



How to be 
branded. 



The fees, &c. 
established for 
inspecting beef 
to extend to in- 
specting pork. 



Pork not to 
be cleared 
without a 
certificate of 
inspection. 



for exportation, shall be made of good seasoned white 
oak, or white ash staves and heading, free from any de- 
fect. Each barrel shall contain two hundred pounds 
weight of pork. The barrels shall measure seventeen and 
one quarter inches between the chimes, and contain not 
less than thirty-one gallons, nor more than thirty one gal- 
lons and one half, to be covered three fourths of the length 
with good oak, ash, birch or walnut hoops, leaving one 
fourth in the centre. 

Sec. 4th. And be it further enacted, That all barrels 
and half barrels of pork, packed or repacked for exporta- 
tion, shall be branded with the first letter of the christian 
name, and the surname at length, of the Inspector who 
has inspected the same, with the name of the town where 
it was inspected, in legible letters, with the addition of 
MASS. (for Massachusetts) ; and every barrel and half 
barrel of the three first sorts, shall also be branded with 
the name of the person for whom the pork was packed, 
and each barrel shall be branded on one of the heads, 
with the quality of the pork it contains. 

Sec. 5. And be it further Enacted, That the Inspector 
General and Deputy Inspectors of Beef, appointed or to 
be appointed by virtue of the Act, entitled, " An Act to 
regulate the Inspection of Beef intended to be exported 
from this Commonwealth," — and "an Act in addition 
to the same" — And all the rules, Certificates, and regu- 
lations, for the Inspection of Beef, fees, fines, & forfeitures, 
mentioned in said Acts, and the manner of recovering the 
same, shall extend to all barrels and half barrels of Pork, 
packed for exportation, agreeably to the directions of this 
Act. 

Sec. 6. And be it further Enacted, that no Salt Pork 
packed or repacked, after the first day of April next, shall 
be exported out of this Commonwealth, unless the master 
or owner of the Vessel produces to the Collector, or any 
other Officer, Authorized by the Laws of the United 
States, to clear vessels out, a Certificate from the Inspec- 
tor General or his Deputy, that the same has been branded 
& inspected according to the directions in this Act, and 
each certificate shall express the number of barrels and 
half barrels of Pork of each Sort. And the Master or 
owner of every Vessel, in which Pork is so exported, on 
producing said Certificate, shall take and Subscribe the 
following Oath, before the Officer authorized as aforesaid. 



Acts, 1801. — Chapter 79. 399 

I A. B. of the do swear, that according 

to the best of my knowledge and belief, the Certificate 
hereto annexed, contains the whole quantity of Salted 

Pork, on board the , , Master, and that no 

salted Pork is shipped on board said Vessel, for the Ship's 
Company, on freight, or on Cargo, but what is inspected 
and branded, according to the Law of this Commonwealth. 
So help me God. 

Sec. 7. And be it further Enacted, that all former J e °™f^ BWB 
laws, respecting the Inspection of Pork, be, and hereby 
are repealed. — Provided nevertheless, That they shall be 
considered, as in full force, with regard to all actions and 
prosecutions, which may be depending for any penalty or 
forfeiture incurred for the breach of the same. 

Approved March 11, 1802. 

1801. — Chapter 79. 

[January Session, ch. 55.] 

AN ACT, IN ADDITION TO AN ACT ENTITLED AN ACT TO IN- 
CORPORATE CERTAIN PROPRIETORS OF MEADOW LANDS 
LYING ON EACH SIDE OF NEPONSET RIVER, IN THE TOWNS 
OF DEDHAM, MILTON & CANTON, FOR DRAWING OFF THE 
STAGNANT WATERS AND FOR THE BETTER IMPROVEMENT 
OF SAID MEADOW LANDS. 

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 passing this Act, all the Boundaries of 
Meadow lands up Stream of a line beginning on Dedham 
side from Thorp's Bridge to the upland as the road now 
runs ; thence on Canton side on the river bank below said 
bridge, until it passes by Francis Dean's Meadow, and a 
small piece of Meadow belonging to the heirs of Abner 
Ellis deceased until it comes to a ditch between land be- 
longing to Isaac Gould and Nathaniel Johnson on One 
Side ; and the heirs of Nathaniel Fisher deceased and 
Deacon John Holmes and Benjamin Lewis on the other 
side, until it comes to Francis Deans Swamp at the 
Southerly corner which is on the Canton side of the said 
Meadows, be and hereby are exempted from the operation 
of said Act of incorporation. Provided nevertheless, that Proviso. 
nothing in this Act shall be construed to discharge [d] any 
of the proprietors of the lands exempted in this Act, from 
being holden to pay their proportion of all charges that 
have arisen by the operation of the Act to which this is an 
Addition. Approved March 11, 1802. 



400 



Acts, 1801. — Chapter 80. 



Preamble. 



Contracts 
authorized. 



Surveyors 
to collect 
assessments. 



1801. — Chapter 80. 

[January Session, ch. 56.] 

AN ACT IN ADDITION TO AN ACT, ENABLING PROPRIETORS OF 
PRIVATE WAYS & BRIDGES TO REPAIR THEM IN EQUAL 
PROPORTIONS. 

WJiereas inconveniences have arisen because proprietors 
aforesaid by said Act, to which this is an addition, are 
not empowered to raise money and contract with any person 
or persons to make and keep in repair private ways and 
Bridges. 

Be it enacted by the Senate and House of Represen- 
tatives in General Court assembled and by the Authority 
of the same, that from and after the passing of this Act, it 
shall and may be lawfull for said proprietors and the right- 
ful occupants of private ways and Bridges, at any meeting 
legally assembled for that purpose to authorise their Sur- 
veyor or any other person or persons to contract by the 
year, or for a longer or a shorter time, for the making & 
keeping in repair any private way or ways, bridge or 
bridges ; and at any such meeting may vote to raise any 
sum or sums of Money they may deem necessary for car- 
rying such contracts into Effect ; and may choose assess- 
ors who shall assess all sums of money so raised on each 
proprietor's or Occupant's proportion therein, and shall 
also deliver true lists of said assessments to the said Sur- 
veyor with warrants of distress in form as to substance as 
is prescribed by law for collecting town and district taxes, 
and every such Surveyor is hereby authorised & empow- 
ered to levy & collect all taxes or assessments for the pur- 
poses aforesaid in the same way and manner as Surveyors 
of Highways are impowered to Collect town Highway 
taxes, in and by a law "Authorising towns to empower 
Surveyors or any other persons to enter into contract for 
the purpose of making and repairing town ways." And 
if any such Surveyor shall neglect or refuse to pay over 
the monies so collected to such person or persons as he in 
his Warrant of distress, shall be required, when demanded ; 
he shall be liable to the same penalties, as in and by the 
said law is provided in case of Surveyors failing to pay 
over monies to the town Treasurer in the like Case. 

Approved March 11, 1802. 



Acts, 1801. — Chapter 81. 401 



1801. — Chapter 81. 

[January Session, ch. 57.] 

AN ACT FOR PRESERVING AND AUTHENTICATING THE RECORDS 
OF JUSTICES IN CERTAIN CASES. 

Whereas law suits may arise, and great injustice accrue, Preamble. 
in consequence of judgments obtained under the several acts 
of this Commonwealth "for rendering processes in law less 
expensive," in cases where the Justices before whom such 
judgments may have been obtained, have neglected to com- 
plete their records, and have deceased or moved out of this 
Commonwealth, unless some adequate remedy be provided. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, that in all cases where real estate The evidence 
shall have. been set off in satisfaction of any execution conclusive 
which shall have been issued by any Justice of the Peace, b^no^com- 1106 
under either of the Acts entitled, " an Act for rendering ^ e r d. hi8 
processes in law less expensive," if such Justice shall have 
deceased or removed out of the Commonwealth, without 
having completed his record, and the title to such real 
estate, founded on the extent of such execution, shall be 
drawn in question in any action, the execution creditor 
or creditors, or the person or persons claiming such title 
under him or them, shall be admitted to shew in evidence 
of his title, a copy of the original writ, with the Officer's 
return thereon ; and a copy of the execution with the 
Officer's return thereon, registered according to law, which 
said copies duly authenticated by the proper certifying 
Officers thereof, shall be sufficient evidence of the Judg- 
ment on which such execution issued as aforesaid. 

Sec. 2d. And be it further enacted by the authority 
aforesaid, That the Justices of the Peace within this Com- Justices to 
monwealth, who have rendered judgments under either of & e c U undera 
the aforesaid Acts, shall within twelve months after the P enalty - 
passing of this Act, return their respective records thereof, 
together with the original processes, and all the papers 
relating thereto into the Offices of the Clerks of the Courts 
of Common Pleas, in the several Counties wherein such 
judgments were respectively rendered ; and the said Clerks 
shall be the proper persons to keep and certify the same ; 
and to sign writs of execution on such judgments returned 
as aforesaid, in any case where the same may be issuable 



402 Acts, 1801. — Chapter 82. 

by law. And if any Justice of the Peace shall refuse or 
neglect to return his records, processes and papers as 
aforesaid, he shall forfeit and pay the sum of twenty Dol- 
lars, to be recovered to the use of the County, by the 
Clerk of the Court of Common Pleas in said County, 
whose duty it shall be to sue for the same in any Court 
proper for the trial thereof. Approved March 11, 1802. 

1801. — Chapter 82.* 

[January Session.] 

AN ACT TO APPORTION & ASSESS A TAX OF ONE HUNDRED 
THIRTY THREE THOUSAND, THREE HUNDRED AND THIRTY 
ONE DOLLARS & EIGHTY FIVE CENTS, & PROVIDING FOR 
THE REIMBURSEMENT OF TWENTY ONE THOUSAND NINE 
HUNDRED & FIFTY TWO DOLLARS PAID OUT OF THE PUB- 
LIC TREASURY TO THE MEMBERS OF THE HOUSE OF REP- 
RESENTATIVES FOR THEIR ATTENDANCE, THE TWO LAST 
SESSIONS OF THE GENERAL COURT. 

Sectn. 1st. Be it enacted by the Senate & House of 
Representatives in General Court Assembled & by the 
Authority of the same, That each Town, District, Planta- 
tion & other place hereinafter 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. 



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422 Acts, 1801. — Chapter 82. 

Sec. 2. And be it further enacted, That the Treasurer 
of this Commonwealth do forthwith send his Warrants, 
directed to the Selectmen or Assessors of each town, 
district, plantation, or other place within this Common- 
wealth, the inhabitants whereof are taxed as aforesaid, 
requiring such Selectmen or Assessors respectively, to 
assess in Dollars & Cents the sum hereby set upon such 
town, district, plantation, or other place, in manner fol- 
lowing ; that is to say ; all the male polls above the age 
of sixteen years, within their respective towns, districts, 
plantations or other places adjoining them, belonging to 
no other town district or plantation, (provided such places 
were returned or included in the last valuation) all the 
polls aforesaid, being minors, apprentices or servants, 
under the immediate government of a parent master or 
mistress living in the same town, district or plantation, 
to be taxed to such parent master or mistress respectively, 
otherwise to be personally taxed at twenty seven Cents 
each, and the remainder of such sum so set to each town, 
district, plantation or other place respectively, as afore- 
said, (after deducting the sums assessed on the polls as 
aforesaid) to assess on the inhabitants of such town, dis- 
trict, plantation, or other place as aforesaid, according to 
the just value of the real estate possessed by each inhabi- 
tant of such town district, plantation or other place re- 
spectively 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, plantation or other place, im- 
proved or not improved, excepting pews in houses of 
public worship, or upon the owners of real estate in such 
town, district or plantation, or other place, whether such 
owners reside within the same or not upon the said first 
day of May, according to the just value of such real estate, 
and on the nonresident proprietors 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 agreements between landlords and 
tenants ; & where no agreement is, the landlord to reim- 
burse 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 proportion of the amount of the 
just value of their respective personal estates, including 
monies at interest more than they pay interest for, al- 



Acts, 1801. — Chapter 82. 423 



though the same be secured by an absolute conveyance of 
real estate, if a bond of defeasance or promise of convey- 
ance 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, 
and shares of property held in any incorporate bridges or 
turnpike roads, according to the just value thereof; 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 or abroad, with all their stores and appur- 
tenances, mules, horses, neat Cattle, each of one year old 
and upwards, (provided however that mules, horses and 
neat cattle belonging to inhabitants of any town, and sent 
out of sd. town for pasturage only, previous to, or on the 
first day of May, shall be in all cases taxed in the town 
where the owner lives,) and swine of six months old and 
upwards, and all other property of the several kinds re- 
turned in the last Valuation, except sheep, household 
furniture, wearing apparel farming utensils, and tools of 
Mechanics, on the sd. first day of May. And the Asses- 
sors of the respective towns, districts, plantations, and 
other places, as aforesaid, shall estimate all the before 
enumerated articles at six per centum upon the real value 
thereof, in the places where they are, (excepting unim- 
proved lands, which shall be estimated at two per centum, 
where they are situated), and on the amount of the in- 
comes of the inhabitants within their respective precincts, 
as aforesaid, from any profession, handicraft, trade or 
employment, or gained by trading on sea or on land. 
And the Treasurer in his said Warrant, shall likewise 
require the said Assessors respectively to make a fair list 
of such assessments, setting forth in distinct columns, 
against each person's name, how much he or she is assessed 
for polls, how much for real estate, and how much for 
personal estate and income, as aforesaid; and if as Guard- 
ian, 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 proprietors of 
lands, within their respective towns, districts, plantations 
or other places, and also the real value at which they have 
estimated the same ; and the list or lists so completed and 
signed by them in manner aforesaid, or by the major part 
of them, to commit to the Collector or Collectors, Con- 



4:24 Acts, 1801. — Chapter 82. 

stable or Constables of such town, district, plantation or 
other place respectively, with a warrant or warrants, in 
due form of law, for collecting, and paying the same to 
the Treasurer of this Commonwealth, on or before the first 
day of April, in the year of our Lord one thousand eight 
hundred and three ; 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 re- 
spectively to collect, to the said Treasurer, some time 
before the first day of December next. 

And whereas there are many persons within this Com- 
monwealth, who are engaged in trade, and who almost 
intirely 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 can- 
not 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 : 

Sec. 3d. Be it therefore enacted, that all such persons, 
within the discription aforesaid shall be assessed by the 
Assessors thereof, and pay taxes for such of their goods 
wares & merchandize, or other stock in trade, ships and 
vessels as are sold, used and 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 estate respec- 
tively, to the Assessors of their respective towns or places 
of residence, distinguishing what part thereof is rateable 
in other towns, and in default thereof shall be doomed by 
the Assessors of such towns and places where they respec- 
tively 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. 

Sec. 4th. Provided nevertheless, and be it further 
enacted, That the President, Professors, Tutors, Librarian, 
and Students of Harvard College, Williams College, and 
Bowdoin College, who have their usual residence there, 
and who enjoy no other pecuniary office or employment, 
also ministers of the Gospel, Preceptors of Academies by 
law established and Latin Grammar School Masters, are 
not to be assessed for their polls, and estates under their 



Acts, 1801. — Chapter 82. 425 

own actual management or improvement, lying in the 
towns, districts or parishes where they are settled ; and 
also all persons who have the management of the estates 
of Harvard College, Williams College and Bowdoin Col- 
lege & Academies aforesaid 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 to- 
wards the public charges, and in the judgment of the 
Assessors ought to be relieved in their taxes, in any such 
case the Assessors respectively may exempt the polls and 
estates of such persons, or abate any part of what they 
are set at, as they on their oaths shall deem just and 
equitable. 

Sec. 5. And be it further enacted, That the Justices 
of the Peace, at their several Sessions in their respective 
Counties, when duly authorized for the assessment of a 
County tax, shall apportion the same on the several towns, 
districts, plantations and other places in their respective 
Counties as aforesaid, in the respective proportions of 
this tax ; and the Assessors of each town, parish, district 
or other place within this Commonwealth, in making- 
County, town, parish or society taxes, shall govern them- 
selves by the same rules, and assess the polls in their 
respective towns, parishes or societies in the same propor- 
tions as the said polls pay towards the several sums with 
which the said towns or other places, by this act respec- 
tively 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 and may be lawful for any 
town, district or plantation, to levy make and collect 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 Representatives, shall assess 
such additional sum on the polls and estates, as aforesaid 
within their respective towns, and shall apportion the 
same in the same proportion at which such polls and 
estates shall be respectively set, for raising the sum of 
One hundred and thirty three thousand, three hundred 
and thirty one Dollars and eighty five Cents. 



426 



Acts, 1801.— Chapter 82. 



Sec. 6th. 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. 

Sec. 7th. And be 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 defreying the expences of Government. 

Sec. 8th. And be it further enacted, That the Select- 
men 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 
committed to Collectors or Constables, in the forms pre- 
scribed at the foot of this Act. 



Form of rate lists to be made by Assessors and committed to Collectors 
or Constables. 



STATE TAX. 



Names of persons 
to be taxed. 



Nnmber 
of polls. 



Personal estate 
. and Income. 



Dollars Cents. 



Dollars Cents. 



Dollars Cents. 



Dollars Cents. 



Form of rate lists of nonresident proprietors of unimproved land. 



STATE TAX. 



Names of 
persons to 
be taxed, 
if known. 



No. of 
each lot, 
if known. 



Number of 
Division or 
description of 
the range, 
if known. 



Number 
of acres. 



Dollars Cents. 



Dollars Cents. Dollars Cents 



Approved March 10, 1S02. 



RESOLVES 



MASSACHUSETTS. 



1801. 



EESOLYES 



GENERAL COURT 



Commonwealth of Massachusetts, 



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

ON WEDNESDAY, THE TWENTY-SEVENTH DAY OF 

MAT, ANNO DOMINI, 1801. 



BOSTON : 

PRINTED BY YOUNG & MINNS, 

Printers to the Honorable the General Court. 



Reprinted by Wright & Potter Printing Company, State Printers. 



RESOLYES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS. 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY THE TWENTY-SEVENTH 
DAY OF MAY, A. D. 1801. 



His Excellency CALEB STRONG, Esquire. 
Governor. 

His Honor SAMUEL PHILLIPS, Esquire. 
Lieutenant Governor. 

COUNSELLORS. 

Honorable Nathan dishing, Honorable Josiah Bartlett, 
John Hastings, John Bliss, 

Oliver Wendell, Daniel Bigelow, 

Stephen Choate, Alexander Campbell, 

John Read, Esqrs. Esqrs. 

SENATORS. 
Hon. DAVID COBB, Esq. President. 
County of Suffolk. Middlesex. 

Hon. James Bowdoin, Hon. Jonathan Maynard, 

William Tudor, Aaron Hill, 

Jonathan L. Austin, Esqrs. William Hildreth, 

William Hull, Esqrs. 

Essex. Worcester. 

Hon John Treadwell, Hon Josiah Stearns, 
Nathaniel Marsh, Salem Town, 

Enoch Titcomb, Elijah Brigham, 

Jacob Ci'owninshield, Bezaleel Taft, 

Esqrs. Thomas Hale, Esqrs. 



432 



Kesolves, 1801. — May Session. 



SENATORS — Concluded 
Hampshire. 



Hon. Samuel Fowler, 
Thomas Dwight, 
Ebenezer Hunt, 
Hugh McLellan, Esqrs. 

Berkshire. 

Hon. Thompson J. Skinner, 
Barnabas Bidwell, Esqrs. 

York. 

Hon. Simon Frye, 

John Lord, Esqrs. 

Bristol. 

Hon. Elisha May, 

Josiah Dean, Esqrs. 



Plymouth, Dukes County & 
Nantucket. 

Hon. Isaac Thompson, 
Beza Hayward, 
Benjamin Allen, Esqrs. 

Cumberland. 

Hon. Stephen Longfellow, 

Woodbury Storer, Esqrs. 

Lincoln, Hancock, Washing- 
ton & Kennebeck. 

Hon. Nathaniel Dummer, 
David Cobb, Esqrs. 

Norfolk. 

Hon. Benjamin Hichborn, 
William Aspinwall, 
John Ellis, Esqi's. 



Barnstable. 
Hon. John Dillingham, Esqr. 

Rev. PETER THACHER, D. D. Chaplain. 

HOUSE OF REPRESENTATIVES. 

Hon. EDWARD H. ROBBINS, Esq. Speaker. 

County of Suffolk. 

Boston, Charles Jarvis, Boston, Nathaniel Fellows, 
Benjamin Austin, jun. David Tilden, 

George Blake, Russell Sturgis, 

James Prince, Eingham, Nathan Rice 

County of Norfolk. 



Roxbury, Ebenezer Seaver, 

Joseph Heath, 

William Brewer, 
Dorchester, John Howe, 

Perez Morton, 
Weymouth, Asa White, 
Dedham, Isaac Bullard, 

Ebenezer Fisher, 
Braintree, Ebenezer Thayer. 
Medfield and Dover, John Baxter, 
Stoughton, Lemuel Gay, 
Milton, Edward H. Robbins, 



Wrentham, Nathan Comstock, 
Brookline, Stephen Sharp, 
Needham, Jonathan Kingsbury, 

jun. 
Medway, Moses Richardson, 
Walpole, William Bacon, 
Sharon, Jonathan Billings, 
Cohasset, Thomas Lothrop, 
Franklin, John Boyd, 
Quincy, Moses Black, 
Canton, Joseph Bemis, 
Bellingham, Laban Bates. 



County of Essex. 

Salem, Ebenezer Beckford, Ipswich, Nathl. Wade, 

Benja. Pickman, jun. Jona. Cogswell, 

William Prescott, Joseph Swazey, 



Eesolves, 1801. — May Session. 



433 



HOUSE OF REPRESENTATIVES— Continued. 
County of Essex — Concluded. 



Newbury, Josiah Little, 

Joseph Newell, 
Newbury Port, William Coombs, 

William Bartlett, 

Jonathan Marsh, 

George Bradbury, 
Lynn and Lynnfield, James Rob- 
inson, 
Gloucester, John Rowe, 
Rowley, Moody Spafford, 
Salisbury, Samuel March, 
Andover, Thomas Kittredge, 



Haverhill, Francis Carr, 
Marblehead, Joshua Prentiss, 

Elisha Storey, 
Amesbury, Christopher Sargent, 
Beverly, Moses Brown, 

Jas. Burnham, 

Jno. Stephens, 
Bradford, Nathaniel Thurston, 
Boxford, Thomas Perley, 
Danvers, Gideon Foster, 
Methuen, William Russ. 



County of Middlesex. 



Charlestown, Thomas Harris, 
Watertown, William Hunt, 
Medford, Nathaniel Hall, 
Cambridge, Jeduthan Willington, 

Joseph Bartlett, 
Concord, Joseph Chandler, 
Sudbury, Jonathan Rice, 
Woburn, Loammi Baldwin, 
Reading, James Bancroft, 
Maiden, Jonathan Oakes, 
Oroton, Timothy Bigelow, 
Billerica, Oliver Crosby, 
Chelmsford, William Adams, 
Marlborough, Jonathan Weeks, 
Dunstable and 



Tyngsborough, 



John Pitts, 



Sherburne, Daniel Whitney, 



BoxboTolgh \ Charles Whitman, 
Newton, Timothy Jackson, 
Dracut, Israel Hildreth, 
Weston, John Slack, 
Lexington, Joseph Simonds, 
Hopkinton, Timothy Shepard, 
Holliston, Ephraim Littlefield, 
Westford, Abel Boynton, 
Tewksbury, William Simonds, 
Acton and ) T D , 

Carlisle, j Jonas Brooks, 

Waltham, Abner Sanderson, 
Pepperell, Joseph Heald, 
Lincoln, Samuel Hoar, 
East Sudbury, Jacob Reeves, 
Littleton, Daniel Kimbal, 
Townsend, John Campbell. 



County of Hampshire. 



Springfield, William Ely, 
Hadley, Samuel Porter, 
Westfield, James Taylor, 
Deerfield, Jonathan Hoit, 

Northampton and H ohn Wor, 
Easthampton, \ ks f™ 1 Pom " 

Northfield, Solomon Vose, 
Sunderland, Samuel Church, 
Hatfield, John Hastings. 
Brimfield, Clark Brown, 
Blanford, William Knox, 3d. 
Pelham, Isaac Abercrombie, 
Palmer, James Smith, 
Southampton, Lemuel Pomeroy, 
South Hadley, Ruggles Wood- 
bridge, 



anc\ e GM ld ( M oses Bascom, jun. 
Neiv Salem, James Felton, 
Montague, Henry Wells, 
Granville, Thomas Hamilton, 

Israel Pai*sons, 
Greenwich, Robert Field, 
Amherst, Zebina Montague, 
Monson, Abner Brown, 
Belcherton, Eleazer Clark, 
Bernardston, 1 T , v . .. 

andZeyrfen, ' J Lemuel Foster, 

Chesterfield, Benjamin Bonney, 



434 



Resolves, 1801. — May Session. 



HOUSE OF REPRESENTATIVES — Continued. 
County of Hampshire — Concluded. 



Wilbraham, John Bliss, 
Chester, Elijah Blackmail, 
Ware, William Bowdoin, 
Conway, Malachi Maynard, 
Oranby, David Smith, 
Shelbur?ie, John Long, 
Worthington, Ezra Starkweather, 
Southivick, Joseph Forward, 
Williamsburg, Elisha Hubbard, 



West Springfield, Jonathan 

Smith, jun. 
Westhampton, Aaron Fishei', 
Longmeadow, Gideon Burt, 
Ludlow, Aaron John Miller, 
Plamfield and J James Richards> 
Cummmgton, \ 
Hawley, Edmund Longly, 
Ash field, Ephrairn Williams. 



County of Plymouth. 



Plymouth, Zacheus Bartlett, 
Scituate, Elijah Turner, 
Duxbury, Seth Sprague, 
Marshfield, Elisha Phillips, 
Bridgwater, Nahum Mitchell, 
Middleborough, John Tinkham, 
Rochester, Elisha Ruggles, 



Plimton, Seth Cushing, 
Pembroke, Kilborn Whitman, 
Abington, Aaron Hobart, 
Kingston, Jedediah Holmes, 
Hanover, Benjamin Bass, 
Halifax, Zebediah Tomson. 



County of Bristol. 



Taunton, Stephen Hathaway, 
Rehoboth, Frederick Drown, 
Dartmouth, Holder Slocum, 
Swanzey, Christopher Mason, 
Freetown, Simeon Barden, 
Norton, George Leonard, 
Dighton, Rufus Whitmarsh, 
Easton, Abiel Mitchell, 



Raynham, Abraham Hathaway, 
Berkley, Apollos Tobey, 
Mansfield, Benjamin Bates, 
New Bedford, Seth Spooner, 

Alden Spooner, 
Westport, Abner Brownell, 
Somerset, Francis Borland. 



County of Dukes County. 
Edgartown, William Mayhew, Chilmar k, Matthew Mayhewjun 

County of Nantucket. 
Nantucket, Micajah Coffin. 



County of Barnstable. 



Barnstable, Isaiah L. Green, 
Sandwich, William Bodfish, 
Yarmouth, Elisha Doane, 
Eastham, Samuel Freeman, 
Falmouth, David Nye, 
Harwich, Ebenezer Broadbrooks, 
jun. 



Harwich, Benjamin Bangs, 
Chatham, Richard Sears, 
Wellfleet, Lemuel Newcomb, 
Dennis, Judah Paddock, 
Orleans, Richard Sparrow. 



Resolves, 1801. — May Session. 



435 



HOUSE OF REPRESENTATIVES — Continued. 



County of Worcester. 



Worcester, Samuel Curtis, 
Lancaster, Samuel Ward, 
Mendon, Joseph Adams, 
Brookfield, John Cutler, 
Oxford, Silvanus Town, 
Leicester, Thomas Denny, 
Sutton, Stephen Monro, 
Westborough, Nathan Fisher, 
Southborough, Trowbridge 

Taylor, 
Shrewsbury , Jonah Howe, 
Dudley, Thomas Learned, 
Grajton, Nathl. Adams, 
Upton, Elisha Bradish, 
Hardivick, John Hastings, 

Sturbridge, Josiah Walker, 
Leominster, Jonas Kendall, 
Western, Joseph Field, 



Douglas, Aaron Marsh, 
Neiu Braintree, Benjamin 

Josslyn, 
Spencer, Benjamin Drury, 
Petersham, John Chandler, 
Templeton, Leonai'd Stone, 
Oakham, Spencer Field, 
Fitchburg, Joseph Fox, 
Royalston, Isaac Gregory, 
Ashburnham, Jacob VVillai'd, 
Northborough, Nahum Fay, 
Hubbardston, William Marean, 
Westminster, Jonas Whitney, 
Princeton, David Rice, 
Barre, Joel Bent, 
Milford, Samuel Jones, 
Sterling, Israel Allen, 
Boylslon, James Longly, 
Holden, John Dodds. 



County of Berkshire. 



Sheffield and Mount S Moses 
Washington, } Hubbard, 

Stockbridge, Ephraim Williams, 
New Marlborough, Benjamin 

Wheeler, 
Egremont, Nicholas Race, 
Pittsfield, Joshua Danforth, 
Great Barrington, Thomas Ives, 

Lanesborough and t Gideon 
New Ashford, \ Wheeler, 



Williamstown, William Young, 

William Towner, 
Lenox, Joseph Goodwin, 
Partridgefield, William Frissell, 
West Stockbridge, Grove Pomroy, 
Richmond, Hugo Burghardt, 
Lee, Joseph Whiton, 
Adams, Abraham Howland, 
Hancock, Simeon Martin, 
Cheshire, Daniel Brown, 
Tyringham, Adonijah Bidwell. 



County of York. 



York, Samuel Darby, 
Kittery, Mark Adams, 
Wells, Nathl. Wells, 

Jacob Fisher, 
Berwick, Richard Foxll. Cutts, 
Biddeford, Daniel Cleaves, 
Arundel, Thomas Perkins, 3d. 



Buxton, John Woodman, 
Lebanon, Thos. M. Wentwoi'th, 
Pepperelborough, Samuel Scam- 
man, 
Richard Cutts, 
Fryeburg, William Fessenden, 
Bethel, Waterford Lovewell. 



County of Cumberland. 



Portland, Joseph Titcomb, 
Scarborough, Joseph Emerson, 
North Yarmouth, Saml. P. Rus- 
sell, 
Falmouth, Archelaus Lewis, 
Brunswick, John Dunlap, 
Oorham, Lothrop Lewis, 



New 



C. 



Gloucester, Nathl. 

Allen, 
Freeporl, John Cushing, 
Durham, Josiah Burnham, 
Harpswell, Benjamin Dunning, 
IAvermore, David Learned, 
Lewiston, John Herrick, 



436 Resolves, 1801. — May Session. 



HOUSE OF REPRESENTATIVES— Concluded. 

County of Lincoln. 

Pownalborough, David Payson, Bowdoin, James Rogers, 

Georgetown, Mark Langdon Hill, Newcastle, John Farley, 

Woolwich, Peleg Tolman, Boolhbny, Jonathan Sawyer, 

Bowcloinham, Elihu Getchell, Warren, Samuel Thatcher, 

Topsham, Benja. Jones Porter, Lewistown, John Herrick, 

Bristol, Thomas McClure, dishing, John McKellar, 

Waldoborough, John Head, Litchfield, James Shurtliff, 

Thomaston, Henry Knox, Thomsonboro, Noah Jordan, 

Bath, Joshua Shaw, Camden, Samuel Jacobs. 



County of Kennebeck. 

Augusta, Nathan Weston, Readfield, Thomas Whittier, 

Hallowell, Thomas Fillebrown, Monmouth, John Chandler, 

Winlhrop, Nathaniel Fairbanks, Mount- Vernon, Nathaniel Dudley, 

Winslow, Elnathan Sherwin, Farmington, Supply Belcher. 
Piltston, Jedediah Jewett, 



County of Hancock. 

Casline, Job Nelson, Frankfort, Francis L. B. Goodwin, 

Orrington, Oliver Leonard, Hampden, Martin Kinsley, 

Vinalhaven, William Vinall, Deer-Isle, Joseph Tyler. 



Rev. THOMAS BALDWIN, Chaplain. 
HENRY WARREN, Esq. Clerk. 



Chapter 1. 

RESOLVE FOR AN ADDITIONAL NOTARY PUBLIC FOR THE TOWN 

OF SALEM. 

Resolved, That for the better accommodation of the In- 
habitants of Salem in the County of Essex, there be annu- 
ally chosen an additional Notary Public for said County, 
to reside in said Town. June 5, 1801. 



Chapter 2. 

RESOLVE FOR AN ADDITIONAL NOTARY PUBLIC ON UNION 
RIVER, IN THE COUNTY OF HANCOCK. 

Resolved that there be an additional Notary public ap- 
pointed, To Reside on Union River In the County of 
Hancock. June 5, 1801. 



Resolves, 1801. — May Session. 437 



Chapter 3. 

RESOLVE FOR AN ANNUAL CHOICE OF A NOTARY PUBLIC IN 
THE TOWN OF WESTPORT, IN THE COUNTY OF BRISTOL. 

Resolved that there be annually Chosen in the town of 
Westport in the County of Bristol, an additional Notary 
Public. June 3, 1801. 

Chapter 4. 

RESOLVE FOR AN ADDITIONAL NOTARY PUBLIC, TO RESIDE IN 
DEER ISLE, IN THE COUNTY OF HANCOCK. 

Resolved That there be an additional notary public ap- 
pointed for the County of Hancock to reside in Deer Isle. 

June 3, 1801. 

Chapter 5. 

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 day's attendance the present session, 
and the like sum for every ten miles distance from their 
respective places of abode, to the place of the sitting of 
the General Court. 

And it is 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 and 
every days attendance, over and above their pay as Mem- 
bers. June 5, 1801. 

Chapter 6. 

RESOLVE ON THE PETITION OF ELIZABETH WELLS. 

On the petition of Elizabeth Wells Executrix of the last 
Will and Testament of Benjamin Wells late of Adams in 
the County of Berkshire, deceased, stating that Thomas 
Russell Esqr. deceased, did in his lifetime contract with 
Benjamin Wells aforesaid to convey to him the westerly 
half part of Lot No. 27, in the first division of Lots in 
Adams aforesaid containing by estimation about fifty acres ; 
That the said Benjamin hath since deceased, and that She 



438 Kesolves, 1801. — May Session. 

has purchased of his heirs at Law their right & claim to 
said Lot of Land, and the benefit of said Contract; That 
said Benjamin paid to said Thomas part of the purchase 
money for said half of said Lot, and that She is ready to 
pay the residue thereof; and praying that the Adminis- 
trator of said Thomas's Estate may be authorized to con- 
vey to her in fee the said half of said Lot. 

Resolved, That the Administrator or Administrators on 
the Estate of said Thomas be and they hereby are author- 
ized and empowered to make and execute a good & suffi- 
cient deed of the aforesaid half part of said Lot of Land 
to the said Elizabeth, She fulfilling the contract which said 
Benjamin made with said Thomas relating to the same. 

June 5, 1801. 

Chapter 7. 

RESOLVE ON THE PETITION OF THE PROPRIETORS OF THE 
BOSTON PIER, OR LONG WHARF, ExMPOWERING THEM TO EX- 
ECUTE A DEED OF A LOT OF LAND AT THE WESTERLY END 
OF SAID WHARF. 

On the Petition of the Proprietors of the Boston Pier 
or Long Wharff in Boston that they may be impow- 
ered to execute, by a Committee a Deed of a Lot of Land 
situate at the Westerly End of said Wharffe ; For Reas- 
ons set forth in said Petition. 

Resolved That Lemuel Hay ward, Daniel Sargent, 
Stephen Codman, John Parker, Thomas Davis & John 
Philips the Committee of said Proprietors, or any three 
of them, be & they hereby are authorised & impowered 
to make & execute a good & sufficient Deed of all the 
Right Title & Interest which said Proprietors have in 
Common of, in & to a Lot of Land situate near the west- 
erly End of said Wharff bounded westerly on a Store be- 
longing to said Proprietors there measuring Thirty seven 
feet, Northerly on a Passage Way there measuring forty 
feet, Easterly on a Passage Way & Land of W. Powell 
there measuring thirty seven feet, Southerly on Land of 
Brown & Osborn there measuring forty feet, to any Per- 
son who may purchase the same. June 6>, 1801. 



Kesolves, 1801. — May Session. 439 



Chapter 8. 

RESOLVE DIRECTING THE COMMITTEE FOR THE SALE OF EAST- 
ERN LAND, TO TAKE NEW NOTES OR SECURITIES OF SILAS 
HALL AND OTHERS, FOR THE AMOUNT OF THEIR SALE. 

Whereas by a resolve passed February 9th 1801, the 
Committee for the sale of Eastern lands were authorised & 
directed to alter the contract made by them in behalf of 
this Commonwealth with Silas Hall and others for a tract 
of land adjoining the Township of East Andover so that it 
shall only extend to the sale of so much of the said tract 
as lies Southerly of the said Township of East Andover — 
And whereas there is no authority or power given to the 
said Committee or Treasurer of said Commonwealth to 
exchange the Securities which the said Hall & others had 
given for said tract of land & which are now in the hands 
of the Treasurer aforesaid : 

Resolved that the Committee for the sale of Eastern' 
lands be and they are hereby authorised to take of the 
said Silas Hall & others new notes or Securities for the 
amount of their sale so altered as aforesaid, and the said 
Committee and the Treasurer aforesaid are hereby au- 
thorised thereupon to deliver up to the said Hall & others 
the said Securities or Notes by them first given as afore- 
said, to wit, four Notes of hand signed January 18th 1800, 
by Ebenezer Poor Jr. Silas Hall & Winslow Hall, one for 
the sum of 2703.20 cents due 18th Jany. 1801, one for 
the sum of 2572.40 cents due 18th Jany. 1802, one for 
the sum of 2441.60 cents due 18th Jany. 1803, & one for 
the sum of 2310.80 cents due 18th Jany. 1804 all made 
payable to said Treasurer or his Successor in office. 

JuneS, 1801. 

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

May it "please your Excellency, 

The Senate beg leave to express to you, their sincere 
congratulations on your reelection to the chief Magistracy 
of the Commonwealth — Not doubting the purity of the 
motives, which have ever guided your political conduct ; 
fully believing that your administration has been uniformly 
intended to promote the public weal, and that our fellow- 
citizens have felt and appreciated its good effects, we 



440 Kesolves, 1801. — Mat Session. 

hesitate not to add our unequivocal approbation, to that 
which is so clearly evinced by the repetition of their suf- 
frages. 

Whatever may have been the wishes of many, in regard 
to a choice of the President of the United States, we trust, 
that the good sense and patriotism of those, who are dis- 
appointed in the result, will lead them to render that 
respectful obedience to Constitutional Authority, which 
is justly due and that the first Magistrate of our nation 
will, in administring the government, so adhere to its 
essential principles, as will secure the confidence of the 
people, whose interest requires that he should possess it. 

We fully accede, Sir, to the position, that asperity and 
false coloring; ouo-ht not to be indulged in the discussion 
of public measures, and we sincerely lament that the 
morals and liberties of the people have been and still are 
endangered by the licentiousness of the presses in the 
United States, and that so many of our newspapers are 
the vehicles of misrepresentation, slander and falsehood. 

Relying, under divine providence, on a well-organized 
and well-disciplined Militia, as the great defence of our 
Country against enemies from abroad and faction at home, 
the Senate will frequently, and readily pay that legislative 
attention to the subject, which its importance demands. 

The History of Antient Republicks furnishes us with so 
many melancholly testimonies of the fatality attending the 
ignorance of the people, and through this means the sub- 
version of free governments, that we are justified in the 
belief, that a Republic cannot preserve its purity, nor can 
it long exist without the general diffusion of knowledge 
among every class of citizens and we readily adopt the sen- 
timent that no subject of Legislation can be more important 
— To effect so desireable an object, an early and unwear- 
ied attention to the instruction of our youth is indispens- 
ibly necessary, and it is a duty, which to neglect, would 
be a breach of the trust reposed in us by our Constituents. 

We duly estimate the wisdom of antient and celebrated 
Legislators on this subject, as well as the laudable ex- 
amples of our wise and virtuous forefathers — altho much 
has been done by former Legislators in establishing insti- 
tutions, for the instruction of youth in the principles of 
religion, morality, and useful science, and in forming their 
tempers, manners, and habits yet much remains for their 
successors to do. 



Eesolves, 1801'. — May Session. 441 

We will cheerfully co-operate with your Excellency and 
the other branch of the Legislature, in ameliorating sys- 
tems, so honorable to our Country, so essential to the sup- 
port of a free government and conducive to the happiness 
of society. June 9, 1801. 

Chapter 9. 

RESOLVE FOR AMENDING AN ACT FOR INQUIRING INTO THE 
RATEABLE ESTATES WITHIN THIS COMMONWEALTH, AND 
DIRECTING THE SECRETARY TO PUBLISH THIS RESOLVE. 

Whereas in the Act for enquiring into the Ratable Es- 
tates within this Commonwealth, passed the last session of 
the Legislature, the Article of " Money at interest more 
than any Creditor pays interest for," is among other things 
required to be returned ; but in the list for the valuation, 
making a part of the same Act, that Article is not enumer- 
ated, and in consequence of it, mistakes may happen in 
the returns which are to be made pursuant to the said 
Act : Therefore, 

Resolved, That the said Article of ' ' Money at Interest 
more than any Creditor pays interest for," shall be set 
forth in the lists to be made and returned, pursuant to the 
said Act, according to the true intent thereof, the Omis- 
sion aforesaid notwithstanding — and the Secretary is 
hereby directed to cause this resolve to be published in 
the several Newspapers wherein the laws of this Common- 
wealth are published. June 9, 1801. 

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 sincerely congratulate 
your Excellency and their fellow-citizens upon your re- 
election to the office of first Magistrate of this Common- 
wealth — This renewed testimony of the public confidence, 
at this period, must be highly grateful, as it affords the 
strongest evidence of your having discharg'd the important 
duties of your high trust with wisdom and impartiality — 
Notwithstanding the diffidence you have been pleased to 
express the whole tenor of your public life inspires us with 
the fullest confidence that your best endeavours will be 
successfully continued to advance the reputation and wel- 
fare of your constituents, to preserve their rights unim- 



442 Resolves, 1801. — Mat Session. 

paired and to select those only for public office who are 
most distinguished for abilities and integrity. 

Although in the late election of President of the United 
States the result may not have corresponded with the 
wishes of many of our fellow-citizens, yet we do most 
sincerely hope and are encouraged to believe that the hap- 
piness so confidently anticipated by some, and so cordi- 
ally desired by all, may ultimately ensue from that im- 
portant event. As members of a Republic whose basis is 
the will of the people we consider that the best claim to 
the character of good and faithful citizens is founded on a 
cheerful obedience to the laws and a uniform respect for 
the constitutional authorities of our nation. And we 
cannot refrain from indulging the hope that he who was 
so eminently concern'd in establishing our independence 
will not be betray'd into a dereliction of the pure prin- 
ciples of the Federal system which has arisen out of that 
independence. But if these anticipations should not be 
realized still a regard to truth, to justice, and to the pub- 
lic welfare ought to exclude all asperity and false colour- 
ing from the discussion of public measures, for if the free 
presses of our country are disgracefully prostituted to 
Faction and Falshood, they will greatly endanger if not 
eventually subvert the morals and the liberties of the 
people. 

The organization and dicipline of the Militia being en- 
trusted to the State Governments, we shall give our fre- 
quent attention to objects so essentially connected with 
the public safety. 

We fully agree with your Excellency in opinion that 
there is no subject of State legislation more important to 
the preservation of our free governments or more inter- 
esting to the happiness of society than the instruction of 
the people and particularly the education of youth. It is 
not enough to instruct children in useful learning it is of 
still higher concern to habituate them to restraint, to form 
their tempers and manners by the principles of benevo- 
lence and justice, to awaken the useful energies of their 
understandings, to cherish the virtuous propensities of 
their hearts, and to teach them the important lesson of self- 
command — Thus educated they seldom fail to make quiet 
and useful members of society, while those who are idle 
& unrestraind in early life, generally become turbulent 
.and seditious at mature age. 



Kesolves, 1801. — May Session. 443 

Our wise and pious ancestors were strongly impressed 
with the importance of this subject. Scarcely had they 
reach'd this then inhospitable shore, when they provided 
schools for the education of their children in literature and 
in the principles of religion and morality. They early 
founded the University at Cambridge, to which our Coun- 
try is indebted for so many great and useful men — We 
consider the civil & religious institutions which we have 
inherited from those venerable ancestors, as invaluable. 
To those institutions under Divine Providence, we ascribe 
the present honorable and prosperous condition of this 
Commonwealth — We therefore esteem it our highest wis- 
dom to cherish, and if possible, to improve them, — and 
one of our first duties to transmit them unimpair'd to our 
posterity. 

We are deeply impressed with the importance and nec- 
essity of providing for a due observance of the Sabbath, 
which we consider as essentially connected with the pres- 
ervation of religion the only sure foundation of human 
virtue and happiness. If our laws in this respect are de- 
fective we will endeavour to amend them, paying at the 
same time that regard to the rights of conscience which a 
wise & liberal policy, as well as our State Constitution, 
recommend. 

Every one must acknowledge that public worship is 
useful even as a school of good manners and of decent and 
orderly deportment, and that the meeting together of the 
people to be instructed in their religious & moral duties, 
and to contemplate the wisdom and goodness with which 
the Almighty governs the world, must tend to impress on 
their minds that reverential love for the Supreme Being, 
which is the highest and noblest motive of human actions. 
— If any of the Towns or Plantations in the Common- 
wealth are unable to provide the means of instruction for 
their children, we conceive that the public good requires 
they should have such assistance as may be requisite for 
this purpose. — We doubt not your Excellency's ready 
concurrence in every measure conducive to the public 
welfare which the legislature may deem it expedient to 
-propose. June 10, 1801. 



444 Resolves, 1801. — May Session. 



Chapter 10. 

RESOLVE ON THE PETITION OF JESSE SEVERANCE, DIRECT- 
ING THE TREASURER TO STAY EXECUTION FOR THE BAL- 
ANCE MENTIONED. 

On the petition of Jesse Severance of Conway in the 
County of Hampshire praying a remission of the ballance 
due from him on Execution as a Collector of the sd. Town 
of Conway. 

Resolved, for reasons set forth in the said petition, that 
the prayer thereof be so far granted, that the Treasurer of 
this Commonwealth be and hereby is directed to stay Ex- 
ecution for the ballance aforesaid, untill the first day of 
June next. June 10, 1801. 



Chapter 11. 

RESOLVE ON THE PETITION OF EDWARD GRAY, AUTHORIZING 
HIM TO SELL AND CONVEY BY DEED THE LAND MENTIONED. 

On the Petition of Edward Gray of Boston in the 
County of Suffolk and Commonwealth of Massachusetts 
Guardian to Susannah Loring of said Boston Single 
woman, an insane Person, praying for reasons therein set 
forth, that he may be empowered in his said Capacity to 
convey to Jonathan Wilson of Colraine in the County of 
Hampshire in said Commonwealth Husbandman all her 
right in a lot of land numbered Fifty one containing Sev- 
enty two acres situated in Colraine aforesaid on receiving 
of said Wilson fifty two Dollars with interest. 

Resolved that the prayer of said Petition be granted 
and that said Gray in his said Capacity be, and he hereby 
is authorized and empowered to sell and convey by Deed 
of Quit-claim within nine months from the first day of 
June instant to said Wilson and his heirs, all her right, 
title and interest, in and to the lot of land aforesaid and 
in and to its priviledges and appurtenances, on receiving 
from said Wilson fifty two Dollars, with interest from the 
thirteenth day of February a. d seventeen hundred and 
ninety two the said Gray first giving Bond with sufficient 
surety to the Judge of Probate for said County of Suf- 
folk, to account for the same according to Law. 

June 11, 1801. 



Kesolves, 1801. — Mat Session. 445 



Chapter 12. 

RESOLVE ALLOWING PAY TO THE COMMITTEE APPOINTED TO , 
COLLECT AND CONTRACT FOR A NEW EDITION OF THE 
LAWS OF THE COMMONWEALTH, AND AUTHORIZING THE 
COMMITTEE ON ACCOUNTS TO ALLOW THEIR ACCOUNTS. 

Resolved that there be allowed to Nathan Dane George 
R. Minot and John Davis Esqrs. a Committee appointed 
by the Legislature of this Commonwealth To Collect and 
Contract for a new Edition of the Laws of the Same — 
at the rate of three Dollars pr. Day for the time they 
were employed in perfecting the Business assigned them 
— And the Committee of Accounts are authorised to al- 
low their accounts accordingly. June 11, 1801. 



Chapter 13. 

RESOLVE ON THE PETITION OF BENJAMIN STEWARD AND 
HANNAH COWDIN, AUTHORIZING THEM TO EXECUTE A 
DEED TO JOHN LITCH, OF LUNENBURG. 

On the petition of Benjamin Steward, & Hannah Cow- 
din Executrix of the last will & testiment of Thomas Cow- 
din late of Fitchburg Esqr. deceased, praying that the 
said Hannah, in her capacity aforesaid may be enabled to 
give a deed of nineteen acres & twelve rods of land to 
John Litch. 

Resolved that Hannah Cowdin Executrix of the last 
will & testiment of Thomas Cowdin late of Fitchburg 
Esqr. deceased, in her capacity of Executrix as aforesaid 
be & she hereby is authorized & empowered to make & 
execute to John Litch of Lunenburg, a good deed of re- 
lease, of ninteen acres, & twelve rods of land in Lunen- 
burg aforesaid, being the same land that the Said Steward 
conveyed to the said Thomas Cowdin by deed on the 
twenty fourth day of August in the year of our Lord one 
thousand seven hundred &' seventy four (as a collateral 
security) which deed when made & executed by the said 
Hannah, according to law, shall be as good & sufficient in 
law as if the same had been made by the said Thomas 
Cowdin in his life time. June 13, 1801. 



446 Resolves, 1801. — May Session. 



Chapter 14. 

RESOLVE ESTABLISHING THE PAY OF THE LIEUTENANT GOV- 
ERNOR, SECRETARY, AND TREASURER. 

Resolved that for one year from the last clay of May 
last the sum of Five hundred and thirty three Dollars & 
thirty three Cents shall be the pay of the Lieutenant Gov- 
ernor 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 
Treasury of this Commonwealth to John Avery esqr. 
Secretary of this Commonwealth Eleven hundred fifty six 
Dollars and eighteen Cents, which with three hundred 
forty three Dollars and eighty two Cents w T hich he re- 
ceived in fees before the thirty first day of May last, shall 
be in full for his services as Secretary as aforesaid for one 
year from the first day of June 1801, being at the rate of 
fifteen hundred Dollars per year, to be paid in quarterly 
payments. 

That from the first day of June current there be allowed 
and paid out of the Public Treasury the sum of fifteen hun- 
dred Dollars to the Treasurer & Receiver General of this 
Commonwealth, for his pay as Treasurer the present year, 
to be paid in quarterly payments as the same shall become 
due. Jxmel3,1801. 

Chapter 15. 

RESOLVE ON THE PETITION OF NICHOLAS BOND, THE SECOND, 
OF SOUTHFIELD, BERKSHIRE COUNTY. 

On the Petition of Nicholas Bond the second of South- 
field in the County of Berkshire, praying to be released 
from part of a Judgment of the Supreme Judicial Court, 
holden at Lenox within and for said County of Berkshire, 
on the third Tuesday of May last (rendered) against him 
the said Nicholas, upon a forfeiture of his recognizance, 
for the sum of five hundred dollars, & Cost — wherein 
the said Nicholas was bound, for the appearance of one 
James Robberts of Sandisfield aforesaid, before the Su- 
preme Judicial Court, at their Term of said Court at 
Lenox aforesaid, on the first Tuesday of October in the 
year of our Lord one thousand seven hundred & ninety 
nine. 



Eesolves, 1801. — May Session. 447 

Resolved that the prayer of said Petition be so far 
granted, that provided the said Nicholas Bond, do within 
ninety days pay to the Treasurer of the County of Berk- 
shire aforesaid, the sum of One hundred & fifty dollars 
in addition to the sum of two hundred & fifty dollars, by 
him paid on said Judgement, the same shall be received 
by said Treasurer, for, and to the use of the Common 
Wealth, in full satisfaction of said Judgement, and all Cost 
thereon, and said Judgement shall thereupon be des- 
charged. June 13, 1801. 

Chapter 16. 

RESOLVE ON THE PETITION OF THE PARISH OF BYFIELD. 

Upon the Petition of the Parish of Byfield in the County 
of Essex, and of sundry Inhabitants of the said Parish. 

Resolved, That the said Parish be and are hereby au- 
thorised for the reasons set forth in the said Petition to 
abate all the parish taxes now in arrears, and heretofore 
assessed upon, Noyes Pearson, Samuel Dummer, Stephen 
Adams, Stephen Longfellow Jnr., David Pearson, Ebben 
Pearson, Oliver Goodridge, Caleb Titcomb, Simeon Tit- 
comb, Obadiah Pearson, Richard Dummer Junr., Nathan 
Longfellow, Josiah Adams, Paul Moody, Stephen Lunt, 
Enoch Moody, Sewall Moody, William Turner, Israel 
Turner, John Turner, Israel Adams, William Woodman, 
Jonathan Wheeler, Shobaul Dummer, provided they pay 
into the Treasury of the said Parish two seventh parts of 
the Parish taxes assessed upon them for the year one 
thousand seven hundred and ninety seven, and all the 
Parish taxes assessed upon them for the year one thousand 
eight hundred, within three months from the passing this 
Resolve. June 13, 1801. 

Chapter 17. 

RESOLVE DIRECTING THE ACCOUNTS OF THE GUARDIANS TO 
THE DUDLEY INDIANS, TO BE LAID BEFORE THE COMMIT- 
TEE ON ACCOUNTS, AND DIRECTING ALL OTHER ACCOUNTS 
OF A SIMILAR NATURE, TO BE LAID BEFORE SAID COM- 
MITTEE. 

Whereas the Guardians of the Dudley Indians have 
laid their accounts of income and expenditures before the 
General Court for allowance : 



448 Resolves, 1801. — May Session. 

Resolved that the Committee appointed to examine & 
pass upon Accounts against the Commonwealth be and 
they are hereby empowered & directed to examine and 
pass upon said Accounts of said Guardians, and make 
such allowance thereon as they may think reasonable. 

And it is further resolved that all accounts of Guardian- 
ship of Indians shall in future be exhibited to the Commit- 
tee, that is or may be appointed to examine & pass upon 
public accounts, and such committee shall examine and 
pass upon the same in the same manner as they do on all 
public accounts. June 13, 1801. 

Chapter 18. 

RESOLVE ON THE PETITION OF ELIZABETH SUMNER, AU- 
THORIZING HER TO CONVEY A CERTAIN LOT OF LAND. 

On the Petition of Elizabeth Sumner praying for Power 
to convey a certain piece of Land to Lucy Bowman. 

Resolved That Elizabeth Sumner in the County of Nor- 
folk Widow, be, & the said Elizabeth Sumner is hereby 
authorized and empowered, to convey a certain Lot of 
Land situate near Roxbury Street & belonging to the 
Estate of Increase Sumner late of said Roxbury, Esquire, 
Deceased ; Bounded as follows ; Northwardly on the Road ; 
Eastwardly on land improved by the Heirs to the Estate of 
Nathan Burditt ; Southwardly on Joseph Dudleys land ; and 
Westwardly on the School lot ; and that said Elizabeth be 
empowered to execute and convey a Deed of the premises 
with good and sufficient assurances thereof, unto Lucy 
Bowman of Roxbury aforesaid, her heirs and assigns for- 
ever ; and that said piece of Land be struck out of the In- 
ventory of said Increase Sumners Estate. 

June 13, 1801. 

Chapter 19. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE 
TOWN OF LEE, REMITTING A FINE LAID ON SAID TOWN, 
UPON CONDITION, &c. 

On the Petition of the Inhabitants of the Town of Lee 
in the County of Berkshire, by their Committee. 

Resolved, for Reasons set forth in said Petition that the 
sum of two hundred & seventy dollars & forty cents, being 
the Proportion said Town stands charged in the State Tax 
of the present year, exclusive of Representatives pay, be 



Resolves, 1801. — Mat Session. 449 

remitted to said Inhabitants, on condition that the said 
sum be faithfully collected & expended in repairing the 
Roads and Bridges in the said Town in addition to the 
sums raised by the said Town the current Year, for the 
purpose of repairing Roads & Bridges there — the said 
Inhabitants producing satisfactory evidence of such col- 
lection and expenditure to the General Court at the next 
Session thereof. June 13, 1801. 

Chapter 20. 

RESOLVE ON THE PETITION OF JOSEPH SHAW, OF SANFORD, 
YORK COUNTY, AUTHORIZING JOANNA NASSON TO EXECUTE 
A DEED OF THE LAND MENTIONED. 

On the Petition of Joseph Shaw of San ford in the 
County of York, seting forth that he by a certain writing, 
dated March 11th 1794, agreed to purchase of Samuel 
Nasson late of Sanford aforesd. Esquire, a certain tract of 
Land containing fifty Acres which was set off to him the 
said Samuel, by a Committee appointed by the Court of 
Common pleas for the County aforesaid, to divide a quan- 
tity of land in Sanford aforesaid, at the easterly end of 
the lot whereof the said Joseph is now in possession. 

That the said Joseph has Actually paid to the said 
Samuel the consideration therefor, amounting to two hun- 
dred dollars according to the agreement aforesaid by him 
signed, to convey the said tract to him the said Joseph by 
his deed of sale with warranty, as soon as the said Divi- 
sion should be Accepted by the Court aforesaid but has 
been pre vented by his the said Samuels decease, to exe- 
cute the deed aforesaid According to his promise. 

Therefore Resolved that -Joanna Nasson Administratrix 
to the Estate of the said Samuel be, & she hereby is fully 
authorized & empowered to make & Execute a good & 
sufficient deed of the said tract of land with warranty, to 
the said Joseph his heirs & assigns which shall be con- 
sidered as valid & effectual in law to convey the said tract 
to the said Joseph as any Deed thereof w T ould have been 
if duly executed by the said Samuel in his lifetime ac- 
cording to the agreement aforesaid. June 13, 1801. 



Chapter 21. 

RESOLVE ON THE PETITION OF CHARLES STRANGE. 

On the Petition of Charles Strange praying for a release 
of the right of this Commonwealth in his Mothers dower. 



450 Resolves, 1801. — May Session. 

Resolved for reasons set forth in said Petition, that all 
the right & interest of this Commonwealth in & to the re- 
version of the Dower of Joanna Strange, Widow of John 
Strange, late of Freetown in the County of Bristol de- 
ceased, be and the same is hereby released and acquitted 
unto the said Charles Strange and to his Heirs & Assigns 
forever. June 15, 1801. 

Chapter 22. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF PLYMOUTH, AND GRANTING A TAX. 

Whereas the Treasurer for the County of Plymouth has 
laid his Accounts before the General Court in manner 
prescribed by law ; which Accounts are hereby allowed ; 
and whereas the Clerk of the Court of General Sessions 
of the peace for said County has laid before the General 
Court an Estimate made by the Court of General Sessions 
of the peace of the necessary Charges likely to arise within 
the said County the current year Amounting to the sum 
of One Thousand Dollars : 

Resolved that the sum of One Thousand dollars be and 
hereby is granted as a Tax for the said County of Plym- 
outh, to be Apportioned, Assessed, Collected and Applied 
in Manner Agreable to Law. June 15, 1801. 

Chapter 23. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF BERKSHIRE, AND GRANTING A TAX. 

Whereas the Treasurer for the County of Berkshire has 
laid his accounts before the General Court in manner pre- 
scribed by law, which accounts are hereby allowed, and 
whereas the Clerk of the Court of General Sessions of the 
peace for said County, has laid before the General Court 
an Estimate made by the Court of General Sessions of the 
peace, of the Necessary Charges likely to Arise within the 
said County the Current year, Amounting to the sum of 
two Thousand dollars : 

Resolved that the sum of two Thousand dollars be and 
hereby is granted for a Tax for the said County of Berk- 
shire, to be Apportioned, Assessed, Collected and Applied 
in manner Agreable to law. June 15, 1801. 



Kesolves, 1801. — Mat Session. 451 



Chapter 24. 

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 before the General Court, in manner 
prescribed by Law, which Accounts are hereby Allowed ; 
and whereas the Clerk of the Court of General Sessions 
of the Peace for said County, has laid before the General 
Court an Estimate, made by the said Court of General 
Sessions of the Peace for the said County of Bristol of 
the debts due from, and of the necessary charges likely to 
arise within said County for 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 the said County of 
Bristol, to be Apportioned, collected, and Applied, in man- 
ner as the Law directs. June 15, 1801. 



Chapter 25. 

RESOLVE ON THE PETITION OF JOHAN C. HAUFF, VICE CON- 
SUL, PRO TEMPORE, OF SWEDEN, AUTHORIZING THE AT- 
TORNEY GENERAL TO TAKE MEASURES TO OBTAIN A DECREE 
OF THE PROBATE COURT, THAT CERTAIN MONEY BE PAID 
TO THE TREASURER — AND DIRECTING THE SECRETARY 
TO CAUSE THE ATTORNEY GENERAL TO BE FURNISHED 
WITH AN ATTESTED COPY OF THIS RESOLVE. 

Whereas it hath been represented to the General Court 
that Elias Norberg otherwise called Elias Newbury for- 
merly of Sweden and a naturalized citizen of the United 
States of America is now dead intestate, that administra- 
tion of his goods & effects rights & credits hath been duely 
committed by the Judge of Probate for the county of 
Suffolk to Ebenezer Dorr of Boston in the same county 
merchant — That there is in the hands of the said adminis- 
trator a large sum of money the Estate of the said Intes- 
tate, to which no person has yet entitled himself as next 
of kin to the said Intestate & that the same money in case 
of defect of heirs of said intestate doth & will belong to 
the Commonwealth : Therefore 

Resolved that the Attorney General of said Common- 
wealth be and hereby is authorized & directed to take all 
due measures to obtain a decree of the said Probate Court 



452 Resolves, 1801. — May Session. 

that the same money be paid to the treasurer & Receiver 
General of the Commonwealth in order that the same may 
be retained by said Treasurer or Receiver general to and 
for the use of said Commonwealth untill some person or 
persons shall be entitled to receive the same as next of kin 
of the said Intestate or in some other legal way & manner 
— And also that said Attorney General cause such decree, 
when obtained to be carried into effect. 

And it is further resolved that the Secretary cause the 
Attorney General to be furnished with an attested copy of 
this resolution. June 15, 1801. 

Chapter 26. 

RESOLVE ON THE PETITION OF WILLIAM EDWARDS, REQUEST- 
ING THE GOVERNOR, WITH ADVICE OF THE COUNCIL, TO 
ESTABLISH A COMPANY OF ARTILLERY IN THE 1ST REGI- 
MENT, 2D BRIGADE, AND 4TH DIVISION OF THE MILITIA. 

On the petition of William Edwards praying for leave 
to establish a Company of Artillery in the first Regiment 
of the second Brigade, in the fourth Division of the Militia 
of this Commonwealth. 

Resolved that his Excellency the Governor, with advice 
of Council, be & he is hereby requested to establish a 
Company of Artillery in the first Regiment, of the second 
Brigade in the fourth Division of the Militia of this Com- 
monwealth, which company shall be annexed to the Bat- 
talion of Artillery in the said second Brigade, subject 
however to all such rules, regulations, & restrictions, as 
are or may be provided by Law, for regulating and gov- 
erning the Militia of this Commonwealth. 

June 15, 1801. 

Chapter 27. 

RESOLVE GRANTING MONEY TO THE COMMISSIONERS AP- 
POINTED TO SETTLE THE BOUNDARY LINES BETWEEN THIS 
COMMONWEALTH AND THE STATES OF CONNECTICUT AND 
RHODE ISLAND. 

Resolved That the Commissioners on the part of [of J 
this Commonwealth for ascertaining the boundary lines be- 
tween said Commonwealth and the States of Connecticut 
and Rhode Island be and they hereby are respectively au- 
thorized to employ suitable persons as surveyors together 
with necessary assistants and chainmen on behalf of said 



Resolves, 1801. — May Session. 453 

Commonwealth to run said lines respectively in conjunc- 
tion with such artists as may be employed for the same 
purposes on the part of said States respectively Provided 
said Commissioners shall respectively deem it expedient 
so to do. 

Resolved That there be paid out of the Treasury of this 
Commonwealth into the hands of said Commissioners re- 
spectively such sums as his Excellency the Governour 
with advice of Council may think proper; not exceeding 
five hundred dollars to each board of Commissioners to 
enable them to defray the immediate expences of running 
and establishing said lines. Said Commissioners respec- 
tively to be accountable for the proper application of such 
money And his Excellency is hereby requested to draw 
his warrants on the Treasurer for the foregoing purposes. 

June 15, 1801. 



Chapter 28. 

RESOLVE ON THE PETITION OF RUFUS DAVENPORT AND 
RICHARD D. TUCKER EMPOWERING THE JUDGE OF PRO- 
BATE TO EXTEND THE COMMISSION FOR EXAMINING THE 
CLAIMS OF CREDITORS TO THE ESTATE OF BENJAMIN R. 
WELCH. 

On the Petition of Rufus Davenport and Richard D. 
Tucker, in behalf of Messrs. Vu. Hemert and Company, 
Burghers and Merchants of the city of Copenhagen in the 
kingdom of Denmark praying that the Judge of Probate 
for the County of Suffolk may be empowered to extend 
the Commission for examining the claims of creditors to 
the estate of Benjamin R. Welch, late of Boston in said 
County of Suffolk, Merchant, that the said Vn. Hemert 
and Company may be enabled to exhibit & prove their 
claim against said estate. 

Resolved, for reasons set forth in said Petition, that 
the said Judge of Probate for the County of Suffolk be and 
he hereby is empowered to extend the said Commission 
for receiving and examining the claims of creditors to said 
estate, for the term of three months from the twelfth day 
of May last past, that the said Vn Hemert and Company 
may be enabled to exhibit & prove their said claim, any 
law of limitation to the contrary notwithstanding. 

June 16, 1801. 



454 Resolves, 1801. — May Session. 



Chapter 29. 

RESOLVE ON THE PETITION OF THE WIDOW AND HEIRS OF 
THOMAS RUSSELL, ESQ. DECEASED, EMPOWERING JOHN 
LOWELL, ESQ. TO CONVEY BY DEED, ALL REAL ESTATE 
HELD IN TRUST FOR JOHN LANE AND THOMAS FRASER. 

On the petition of the widow & heirs of Thomas Rus- 
sell Esqr. deceased. 

Resolved that John Lowell Esqr. administrator of the 
Estate of Thomas Russell late of Boston in the county of 
Suffolk Esqr. deceased, be & he hereby is authorized, & 
empowered to convey by deed, or deeds duly executed, 
all such real Estate, within this Commonwealth as the said 
Russell held in trust for John Lane & Thomas Fraser, & 
all such as he held as security for debts due to him, from 
said Lane & Fraser, unto any person, or persons to 
whom the said Lane & Fraser, or their assigns shall direct 
the same to be conveyed. June 16, 1801. 



Chapter 30. 

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER FOR 
THE COUNTY OF KENNEBECK, AND GRANTING A TAX. 

Whereas the Treasurer of the County of Kennebec has 
laid his Accounts before the General Court in manner 
prescribed by Law ; which Accounts are hereby allowed — 

And the Clerk of the Court of General Sessions of the 
Peace for said County of Kennebec having laid before the 
General Court an Estimate made by the said Court of 
General Sessions of the Peace for the said County, of the 
Debts due from, and the necessary charges likely to arise 
within the said County the present year, amounting to 
Three Thousand Eight Hundred Eighty two Dollars & 
seventy Cents : 

Resolved that the Sum of Three Thousand Eight Hun- 
dred Eighty two Dollars & seventy Cents, be and hereby 
is granted as a Tax for said County of Kennebec, to be 
apportioned, assessed, collected and applied for the pur- 
poses aforesaid, in manner as the Law directs. 

June 16, 1801. 



Resolves, 1801. — May Session. 455 



Chapter 31. 

RESOLVE ON THE PETITION OF DAVID HOWE, ESQ. AUTHOR- 
ISING THE QUARTER MASTER GENERAL TO PROCURE, BY 
PURCHASE, A SUITABLE PIECE OF LAND IN THE TOWN OF 
CASTINE, FOR A GUN-HOUSE. 

On the Petition of David Howe Esquire praying that a 
Gunhouse the property of this Commonwealth may be re- 
moved from his land in Castine. 

Resolved that the Quartermaster General of this Com- 
monwealth be authorized & directed to procure for this 
Commonwealth by purchase or otherwise a suitable piece 
of land in the town of Castine to put said Gunhouse upon 
& that the said Quartermaster General cause said Gun- 
house to be removed on to such land when the same shall 
be conveyed to this Commonwealth. June 16, 1801. 

Chapter 32. 

RESOLVE ON THE PETITION OF DANIEL CURRIER AND OTHERS 
PROPRIETORS AND OWNERS OF PEWS IN THE MEETING- 
HOUSE BELONGING TO THE EAST PARISH IN AMESBURY. 

On the petition of Daniel Currier and others proprie- 
tors and owners of pews in the Meeting house belonging 
to the East Parish in Amesbury in the County of Essex, 
praying to be authorised and impowered to raise by a 
Tax on the several pews in said Meeting house, a sum of 
money, not exceeding six hundred Dollars towards repair- 
ins: the same. 

Resolved that the said Daniel Currier be and hereby is 
authorised and impowered to notify and warn the pro- 
prietors and owners of pews in the Meeting house afore- 
said, to assemble and meet in said Meeting house, by 
posting up written notifications thereof at said Meeting- 
house, and at the West Parish Meeting house in Salis- 
bury, ten days at least previous to said Meeting, express- 
ing therein the business to be transacted — and the said 
Proprietors and Owners when so met, are hereby author- 
ised by a major vote of the number present, to choose a 
Moderator, and Clerk of said Meeting, who shall be sworn 
to make a true record of the proceedings thereof — also 
to choose Assessors whose duty it shall be after being 
sworn, to number, appraise and value the pews in said 
Meeting house, according to their rank and situation, and 



456 Kesolves, 1801. — May Session. 

to tax the same according to their appraisement, to the 
amount of the sum said proprietors and owners may vote 
at the Meeting to be held as aforesaid to be raised by a 
Tax on said pews not exceeding six hundred Dollars, 
which they are hereby authorised to vote to be raised — 
also to choose a Committee to act in conjunction with a 
Committee of the parish, to lay out an equal sum of 
money to be raised by said Parish to repair said Meeting 
house — also at said Meeting to choose a Collector, to col- 
lect and pay to said Committee, the Tax which shall be 
assessed, and committed to him by the assessors afore- 
said, to be applied as aforesaid — and if any proprietor or 
owner of any pew or pews aforesaid, shall neglect or re- 
fuse to pay the sum or sums he or they may be so assessed, 
for the space of thirty days after being notified thereof by 
said Collector, either in person, or by posting up the sum 
on the inside of the pew door — then the Committee afore- 
said in such case, is hereby authorised to sell at public 
vendue to the highest bidder, such a part of said pew or 
pews on which the tax shall have been assessed as afore- 
said, and not have been paid, as will be sufficient to dis- 
charge the said Tax and all reasonable charges — and to 
execute a sufficient Deed thereof to the purchaser, first 
giving public notice of such sale thirty days at least in 
the Impartial Herald printed at Newbury port — and re- 
serving liberty for the Proprietors and owners of the pew 
or pews so sold, to redeem the same, by paying the sum 
or sums they may have been assessed as aforesaid, with 
reasonable charges, ia one year from the time of such sale. 

June 16, 1801. 



Chapter 33. 

ORDElt APPOINTING A COMMITTEE TO RECEIVE THE RE- 
TURNS OF THE ASSESSORS WITHIN THIS COMMONWEALTH, 
OF THE RATEABLE ESTATE OF THE SAME, TO MEET IN 
BOSTON IN NOVEMBER NEXT, AND DIRECTING THE SEC- 
RETARY TO PUBLISH THIS RESOLVE. 

Ordered that there be appointed a joint Committee of 
thirty nine members, ten whereof to be appointed by the 
Senate if they see fit from their own body, so that there 
be not more than one who shall reside in any one County, 
and the remainder to be appointed by the House of 
Representatives from their own body, so that there be 



Resolves, 1801. — May Session. 457 

not more than four members including those of both 
branches, who shall reside in any one of the following 
Counties, viz. Essex, Middlesex, Hampshire, and Worces- 
ter not more than three in the County of Suffolk and not 
more than two in any one of the following Counties, viz. 
Norfolk, Plymouth, Bristol, Barnstable, including Dukes 
County and Nantucket, York, Berkshire, Cumberland, 
Lincoln, and Kennebeck, and not more than two in the 
Counties of Hancock and Washington, who shall sit in 
the recess of the General Court, in order to receive the 
returns of the Assessors of the several towns, districts, 
& plantations within this Commonwealth, of the polls and 
estates within the same, agreable to an act passed at the 
last Session of the last General Court, entitled, "An Act 
for ascertaining the rateable estate within this Common- 
wealth." 

And the said Committee shall be hereby authorised, 
and it is hereby made their duty to examine and consider 
said returns and equalize the same according to their best 
understanding and discretion, and shall estimate the polls 
therein contained of sixteen years old & upwards, except- 
ing paupers, at the rate of two milles on the sum of One 
Thousand Dollars, and shall estimate all the estate therein 
contained at the rate of six #> centum on its value, except- 
ing woodbind, and unimproved lands, which they shall 
estimate at two $> centum only on its value : and pro- 
vided that if any such assessors shall neglect to make a 
true return as aforesaid and conformable to said act, said 
Committee shall ascertain the polls & estates, which ought 
to have been returned agreable to the best information, 
they can obtain respecting the same, and shall thereupon 
proceed to estimate and equalize the same as aforesaid, 
and shall also make an addition thereto of twenty five $9 
centum on the amount thereof; and said Committee shall 
be authorised to take such measures, as they may think 
proper to correct any informal, imperfect, or erroneous 
returns : and said Comittee shall meet at the State House 
in Boston, on the first Wednesday of November next, in 
order to proceed on the objects of their appointment, and 
shall make report of their doings therein, as early as may 
be in the next session of the General Court. 

And the Secretary is directed to cause this Order to be 
published in every County of the Commonwealth where 
newspapers are published. 



458 Kesolves, 1801. — May Session. 

In Senate — Read and concurred and the hon. James 
Bowdoin for the County of Suffolk, Enoch Titcomb for 
Essex, Aaron Hill for Middlesex Hugh McLellan for 
Hampshire, Thomas Hale for Worcester, Beza Hay ward 
for Plymouth, Simon Frye for York, Tomson J. Skinner 
for Berkshire, John Ellis for Norfolk, Nathanl. Dummer 
Esqr. for Lincoln, Kennebeck, Hancock & Washington 
Counties are appointed on the part of the Senate. 

In the House of Representatives — Read & concurred & 
Mr. Austin of Boston & Mr. Rice of Hingham for the 
County of Suffolk— Mr. Pickman of Salem — Mr. Wade 
of Ipswich — & Mr. Thurston of Bradford for Essex — Mr. 
Hoar of Lincoln Mr. Heald of Pepperell & Mr. Hall of 
Medford for Middlesex Mr. Taylor of Westfield — Mr. 
Porter of Hadley & Mr. Field of Greenwich for Hamp- 
shire — Mr. Whitman of Pembroke for Plymouth Mr. 
Wells, of Wells for York — Mr. Green of Barnstable & 
Mr. Coffin of Nantucket for Barnstable, Dukes County 
& Nantucket Mr. Whitmarsh of Dighton & Mr. Slo- 
cum of Dartmouth for Bristol — Mr. Kendall of Leominster 

— Mr. Marsh of Douglas and Mr. Gregory of Royalston for 
Worcester — Mr. Ives of Great Barrington for Berkshire 

— Mr. Allen of New Glocester & Mr. Lewis of Gorham 
for Cumberland — Mr. Hill of Georgetown & Mr. Payson 
of Pownalboro — for Lincoln — Mr. Robbins of Milton 
for Norfolk Mr. Chandler of Monmouth for Kennebec — 
Mr. Leonard of Orrington & Mr. Kinsley of Hampden 
for Hancock & Washington are appointed on the part of 
the House. June 16, 1801. 



Chapter 34. 

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 accounts are hereby allowed ; 
& the clerk of the Court of general sessions of the peace 
for said County has laid before the general Court an Esti- 
mate made by the court of general sessions of the peace 
for said County of the necessary charges likely to arrise 
within the same within the present year, amounting to 
six thousand one hundred & sixty dollars : 

Resolved, that the sum of six thousand one hundred & 



Kesolves, 1801. — May Session. 459 

sixty dollars be & hereby is granted as a tax for said 
County of Middlesex to be apportioned, assessed, col- 
lected, and applied in manner as the law directs. 

June 16, 1801. 

Chapter 35. 

RESOLVE ON THE PETITION OF JOSEPH CHALLIS, AUTHORIZING 
THE EXECUTORS AND ADMINISTRATORS ON THE ESTATE OF 
JEDEDIAH PREBLE TO EXECUTE A DEED OF THE LOT OF 
LAND MENTIONED. 

On the Petition of Joseph Challis of Portland in the 
County of Cumberland blacksmith praying that the Exec- 
utors or Administrators on the Estate of Jedediah Preble 
late of said Portland Esqr. deceased, may be empowered to 
execute a deed or conveyance to the said Challis of a certain 
lot of land in said Portland, lying and fronting on Main- 
Street, in said town, beginning at the westerly end of the 
widow Ester Woodbury's house and running thence, west- 
erly on said street thirty two feet and to carry that breadth 
across the lot adjoining the said Woodbury's lot, to the 
other road, being about three or four rods which deed the 
said Jedediah, while living promised to make and execute 
to him the said Challis. 

Resolved that the Executors or Administrators on the 
Estate of the said Jedediah Preble be and hereby are au- 
thorised to make and execute to the said Challis the deed 
aforesaid — and the Executors or administrators shall 
thereby be discharged from all responsibility for the 
same. June 17, 1S01. 

Chapter 36. 

RESOLVE FOR THE APPOINTMENT OF ANOTHER COMMISSIONER 
TO BE ADDED TO THE COMMISSIONERS TO ASCERTAIN THE 
BOUNDARY LINE BETWEEN THIS COMMONWEALTH AND THE 
STATE OF RHODE ISLAND. 

Whereas by a Resolve passed in March last the Honor- 
able Edward H. Robbins and Nicolas Tillinghast Esquires 
were appointed Commissioners on the part of this Com- 
monwealth to ascertain the Boundary line between the 
same and the State of Rhode Island ; and whereas the 
said State of Rhode Island on their part have appointed 
Three Commissioners with certain Powers for the purpose 
aforesaid : Therefore 



460 Kesolves, 1801. — May Session. 

Resolved that another Commissioner on the part of this 
Commonwealth be added to the Commissioners before 
named, who shall be commissioned in the same manner as 
they are or may be by force of said Resolve — and all the 
Powers thereby vested in the two Commissioners before 
named shall be and hereby are vested in the three Commis- 
sioners aforesaid. June 17, 1801. 



Chapter 37. 

RESOLVE ON THE PETITION OF SYBIL VINTON, OF GRANBY. 

On the Petition of Sybil Vinton of Granby in the 
County of Hampshire praying to be empowered to convey 
all the right & title of Abigail Brewer Isaac Brewer 
Lyman Brewer & Clarissa Brewer minor children of Isaac 
Brewer late of Ludlow in said County & all the right of 
the only child of Polly Fuller the late wife of Joshua 
Fuller of said Ludlow the said child being an Infant, & 
grandchild of the said Isaac deceased in & unto a certain 
tract of land lying in Ludlow aforesd. being part of lots 
No. 102 No. 103 "& No. 104 & bounding westwardly on 
the inward Commons so called and extending eastwardly 
one mile the whole width of said Lots excepting one 
quarter in width of said Lot No. 102. 

Resolved for reasons set forth in said Petition that the 
said Sibil Vinton be & she is hereby empowered to make 
& execute to Nathaniel Talmage of said Ludlow his Heirs 
& Assigns good & sufficient Deed or Deeds of the same 
Land thereby conveying all the right & title of the said 
minor children & of the said grandchild of the said Isaac 
Brewer deceased & that such deed or deeds be good & 
effectual in Law for that purpose. June 17, 1801. 

Chapter 38. 

RESOLVE ON THE PETITION OF GILBERT WATKTNS. 

On the Petition of Gilbert Watkins. 

Resolved for Reasons set forth in said Petition that two 
Executions which issued on the thirteenth day of October 
last upon two Judgments rendered by the Supreme Judi- 
cial Court in the County of Berkshire, in favour of the 
Commonwealth, viz. one of said Judgments against Ger- 
shom Legg & the other against Mark Watkins, be & the 
same hereby are so far suspended as that the said Execu- 
tions or either of them shall not be levied or extended 



Resolves, 1801. — May Session. 461 

upon the lands in said Petition mentioned until after the 
rising of the next Session of the General Court — and 
that the further consideration of the subject matter of said 
Petition be referred to the next Session of the General 
Court. June 18, 1801. 



Chapter 39. 

RESOLVE REMITTING THE FINES ON THE TOWNS OF DUN- 
STABLE AND TYNGSBORO', FOR NOT SENDING REPRESENTA- 
TIVES. 

Whereas the towns of Dunstable & Tyngsboro' were 
lined for not sending a Representative to the General 
Court in the year of our Lord one thousand seven hun- 
dred and ninety nine : 

Resolved for reasons set forth by representations from 
said towns that said line be remitted and the said towns 
are hereby discharged from paying the same any resolve 
or order to the contrary notwithstanding and that if any 
part of said fine has already been assessed and paid into 
the Treasury the money so paid shall be reimbursed out 
of the Treasury to the inhabitants of said towns who may 
have paid the same respectively. And his Excellency the 
Governour is requested to draw his warrant for the pa} r - 
ment thereof accordingly. June 18, 1801. 



Chapter 40. 

RESOLVE ON THE PETITION OF JAMES FOSTER, JR. GRANT TO. 

On the Petition of James Foster Junr. 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth to James Foster Junr. 
Clerk in the Treasurers Office, Two Dollars & seventy- 
five Cents #> day, dureing the time he has been, or may 
be actually employed in said service, for Twelve Months 
from the Twenty seventh day of September 1800. 

June 18, 1801. 

Chapter 41.* 

RESOLVE ON THE PETITION OF THOMAS HEWES AND JOHN 
CUSHING, OF BOSTON. 

On the petition of Thomas Hewes & John dishing, 
praying for an extension of the time, to perform certain 

* Chapters 41 to 48 inclusive, wrongly chaptered 61 to 68 inclusive, in session 

pamphlet. 



462 Resolves, 1801. — Mat Session. 



settlement duties in a township of land in the County of 
York. 

Resolved for the reasons set forth in said petition, that 
two years shall be allowed to the said Hewes & Cushing, 
or their assigns, in addition to the periods originally 
granted, for completing the settlement required by the 
Contracts for said townships, upon township No. 5 in the 
5th range, West of Bingham's purchase, and East of the 
line of New Hampshire ; provided the said Hewes & Cush- 
ing, shall on or before the fifteenth day of July next, com- 
plete their payment of the purchase money, & the Interest 
accruing thereon, agreable to the terms of the Contract 
for the said township. June 18, 1801. 

Chapter 42. 

RESOLVE ON THE PETITION OF DAVID FLEEMAN. GRANT TO. 

On the Petition of David Fleeman praying for an allow- 
ance for an Injury he sustained in the militia service on 
the 2d day of October 1798. 

Resolved, that there be allowed & paid out of the 
Treasury of this Commonwealth the sum of sixty Dollars 
to the said David Fleeman, which shall be in full for his 
suffering as aforesaid. June 18, 1801. 

Chapter 43. 

RESOLVE ON THE PETITION OF WILLIAM CLAP, AUTHORIZING 
THE COMMISSIONERS APPOINTED BY THE JUDGE OF PROBATE 
TO EXAMINE AND ALLOW THE CLAIMS OF THE CREDITORS 
AGAINST THE ESTATE OF JAMES TISDALE, LATE OF BOSTON. 

On the petition of William Clap Representing that he 
is one of the creditors to the Estate of James Tisdale late 
of Boston in the said Commonwealth merchant deceased, 
represented Insolvent, & praying for an extension of the 
term prescribed by Law for the examination & allowance 
of claims against said Estate. 

Resolved that at any time from and after the passing of 
this resolve untill the expiration of three calender months, 
the Commissioners appointed by the Judge of Probate for 
the County of Suffolk be and hereby are authorised & 
required to examine & allow the claims of Creditors 
against said Estate, in the same way and manner as if the 
term prescribed by Law in such cases had not expired. 

June 19, 1801. 



Eesolves, 1801. — May Session. 463 



Chapter 44. 

RESOLVE GRANTING PAY TO THE CLERKS OF THE SENATE 
AND HOUSE OF REPRESENTATIVES— ONE HUNDRED AND 
FIFTY DOLLARS EACH. 

Resolved That there be allowed and paid out of the 
public Treasury to Mr. George E. Vaughan Clerk of the 
Senate One hundred & fifty Dollars & to Henry Warren 
Esq. Clerk of the House of Representatives One hundred 
& fifty Dollars on account of their services as Clerks afore- 
said for the present year, they to be accountable for the 
same respectively. June 19, 1801. 

Chapter 45. 

RESOLVE GRANTING FORTY SIX DOLLARS TO THOMAS WALLCUT. 

Resolved that there be allowed & paid out of the Public 
Treasury to Thomas Wallcut Assistant Clerk of the 
House of Representatives Forty six Dollars in full for his 
services the present session including two days writing 
done previous to the Session. June 19, 1801. 

Chapter 46. 

RESOLVE DISCHARGING THE COMMITTEE FOR THE SALE OF 
EASTERN LANDS FROM ANY FURTHER SERVICE, AND OF A 
CERTAIN SUM OF MONEY ; AND APPOINTING THE HON. JOHN 
READ, AND PELEG COFFIN, ESQ. AGENTS TO FULFIL THE 
BARGAINS AND CONTRACTS ALREADY MADE, UNTIL FURTHER 
ORDER. 

Resolved That the Committee for the sale of Eastern 
lands, be and they hereby are discharged from any 
further service, and that they be discharged from the sum 
of three Thousand nine hundred and fifty five Dollars & 
sixteen Cents ; which they have received since rendering 
their last Account ; and after deducting seventy nine 
dollars and ten Cents for their Commissions, have paid 
to the Treasurer of the Commonwealth. 

And be it further, Resolved, That John Read and Peleg 
Coffin Esqrs. be and they hereby are appointed Agents 
for this Commonwealth, and they are Authorized and im- 
powered, untill the further order of the General Court, to 
fulfill & perform all the Bargains & Contracts which have 
been made by said Committee pursuant to the powers 
granted them by the General Court, and to make and 



464 Resolves, 1801. — May Session. 

execute the necessary conveyances for that purpose ; and 
they are vested with all other powers which said Commit- 
tee possesed before the passing of this Resolve. 

June 19,1 801. 



Chapter 47. 

RESOLVE GRANTING TWO HUNDRED DOLLARS TO JACOB KUHN. 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth to Jacob Kuhn, two hun- 
dred Dollars for the present year, commencing the 30th 
of May last, to be in addition to the sum allowed him by 
a resolve March 2(3, 17!>3 establishing the .pay of the 
Messenger of the General Court. June 19, 1801. 

Chapter 48. 

RESOLVE GRANTING PAY TO THE COMMITTEE ON ACCOUNTS. 

Resolved that there be paid out of the Public Treasury 
of the Commonwealth to the Committee appointed to ex- 
amine & pass on accounts for their attendance on that 
service, during the present Session, the sums annexed to 
their names in addition to their pay as Members of the 
Legislature viz. To the Honorable Isaac Thompson Esq. 
for sixteen days attendance eight dollars To the Honorable 
Thomas Hale Esq. for sixteen days attendance eight dol- 
lars — To Saml. P. Russell Esq. for sixteen days attendance 
eight dollars to Timothy Jackson Esq. for fourteen days 
attendance seven dollars To Ezra Starkweather Esq. for 
ten days attendance five dollars — which sums shall be in 
full for their services aforesaid. June 19, 1801. 



Chapter 49. 

RESOLVE GRANTING MONEY FOR FUEL, &c. TO JACOB KUHN. 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth to Jacob Kuhn, Messin- 
ger of the General Court, the sum of eight hundred dol- 
lars, to enable him to purchase fuel & such other articles 
as may be necessary for the use of said Court, and the 
Committee on the valuation during the recess, he to be 
accountable for the expenditure of the same. 

Jane 19, 1801. 



Resolves, 1801. — May Session. 465 



Chapter 50. 

RESOLVE ON THE PETITION OF ABEL BOYNTON, DIRECTING 
THE SECRETARY TO CERTIFY THE RESPECTIVE BALANCES 
DUE TO HUGH WADSWORTH AND THOMAS WILLIAMS, SOL- 
DIERS IN THE LATE CONTINENTAL ARMY. 

On the petition of Abel Boynton Administrator of the 
Estates of Hugh Wadsworth and Thomas Williams late 
Soldiers in the Continental Army, praying that the bal- 
lances of Wages due to them may be paid him. 

Resolved that the Secretary of the Commonwealth be 
and he hereby is directed to certify to the Governor and 
Council the respective ballances due to said Wadsworth 
& Williams deceased, who were soldiers in Colo. Shep- 
ards Regiment in the Continental Army. 

And the Treasurer, on receiving a warrant therefor 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 Wadsworth & Williams, said Note to be made 
payable to said Abel Boynton as Administrator to the 
Estates of said Deceased persons. June 19, 1801. 

Chapter 51. 

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 Nathaniel Coffin, as- 
sistant Clerk of the Senate, the sum of seventy two Dol- 
lars in full for his services the present Session of the 
General Court. June 19, 1801. 

Chapter 52. 

RESOLVE ON THE PETITION OF SIMON DEARBORN AND OTHERS. 

On the petition of Simon Dearborn, and others, pray- 
ing for a grant of lands for the support of a free grammar 
School, in the town of Monmouth, in the County of Ken- 
nebeck. 

Resolved, that in consideration of the particular circum- 
stances attending the settlement of said town, & other 
Towns in the Neighbourhood ; when it shall be made to 
appear to this Court, that the petitioners with other of 



466 Kesolves, 1801 . — May Session. 

the adjoining Towns have raised a fund of Fifteen hun- 
dred Dollars, for the purpose of supporting a Free Gram- 
mar School in said town of Monmouth, this Court will 
grant an Act of Incorporation ; and if the same be ful- 
filled & accomplished within two years from the date of 
this Resolve, this Court will grant to the Trustees of said 
free Grammar School, Fifteen hundred acres of any of the 
unappropriated lands of this Commonwealth, in the Dis- 
trict of Maine, excepting the ten Townships upon Penob- 
scot River purchased of the Indians, for an additional 
support to the said Free School forever. 

June 19, 1801. 

Chapter 53. 

RESOLVE ON THE PETITION OF THE ATTORNEY GENERAL ON 
THE CONTRACT OF HENRY JACKSON AND ROYAL FLINT. 

Resolved, that the Attorney General be, and he hereby 
is authorised, in behalf of the Commonwealth, to release 
or cancel the contract made on the eighteenth day of April 
one thousand seven hundred & ninety two, between Sam- 
uel Phillips, Leonard Jarvis and John Read, a major part 
of the Committee for the sale of unappropriated lands in 
the eastern parts of this Commonwealth, in behalf of the 
Commonwealth, of the first part, and Henry Jackson & 
Royal Flint, of the second part, for the sale of a tract of 
land therein described, on terms therein expressed, pro- 
vided the said Jackson & Flint, in person or by their 
Attorney, or Attorneys therto lawfully authorized, or 
their executors or administrators, shall, within six months 
from the date of this Resolve, on their part, mutually re- 
lease or cancel the said contract, and release to this Com- 
monwealth all claim and demand on account of any money 
paid on said contract. 

And it is further Resolved, that if the said Jackson & 
Flint or their Executors, or Administrators shall not, 
within six months from the date of this Resolve, release 
or cancel said contract on their part, and release all de- 
mand on account of money paid on said contract as afore- 
said, the Attorney General is hereby directed to institute 
a suit, in behalf of the Commonwealth, against said Jack- 
son & Flint or their Executors or Administrators, on their 
Bond, of the date aforesaid, of said contract, in the penal 
sum of five thousand dollars, conditioned for the perform- 
ance of said contract. June 19, 1801. 



Besolves, 1801. — May Session. 467 



Chapter 54. 

RESOLVE ON THE PETITION OF JOSEPH WILLARD AND OTHERS, 
AGENTS FOR THE ACADEMY OF ARTS AND SCIENCES, AND 
JAMES SULLIVAN AND OTHERS, AGENTS OF THE MASSACHU- 
SETTS HISTORICAL SOCIETY, GRANTING THE COPY-RIGHT OF 
THE COPPERPLATES ENGRAVED FOR THE MAPS OF THIS 
COMMONWEALTH, WITH A PROVISO. 

Resolved that the Copper plates engraved for the Maps 
of this Common wealth, be and hereby are granted to the 
Academy of Arts and Sciences, and to the Massachusetts 
Historical Society, together with the Copy right of print- 
ing publishing and vending the same at the expence of 
6aid Societies, for the term of fourteen years from the 
passing of this Resolve — the profits arising therefrom, to 
be equally divided between said Societies, and applied by 
them, for the benefit of their respective institutions, as 
they shall judge best, for the advancement of Science and 
the reputation of their Country. 

Provided that the said Societies shall order first to be 
struck ofT from the plates aforesaid, four hundred setts of 
Maps for the use of the Common wealth, to be disposed 
of, as the Legislature shall hereafter direct — and after 
having the same pasted on Cloth of the same kind with those 
before provided for the use of this State — shall deliver the 
same to the Secretary of this Common wealth, on or before 
the first day of January next — and as soon as said four 
hundred setts of Maps, shall be completed and delivered 
as aforesaid, the Governor with the advice of the Council, 
is hereby authorised to draw his Warrant on the Treasurer 
for payment of the same, at the first cost of the paper, 
printing, Cloth and pasting as aforesaid. 

June 19, 1801. 

Chapter 55. 

RESOLVE MAKING PROVISION TO CARRY INTO EFFECT A RE- 
SOLVE, PASSED THE FOURTH OF MARCH LAST, RESPECTING 
THE GRANT OF LANDS, OR MONEY IN LIEU THEREOF, TO 
CERTAIN SOLDIERS OF THE LATE CONTINENTAL ARMY 
THEREIN DESCRIBED, DIRECTING THE SECRETARY AND 
TREASURER IN THIS CASE, WITH DIRECTIONS TO PUBLISH 
THIS RESOLVE. 

Whereas further legislative provision appears necessary 
to carry into effect a resolve passed the 4th day of March 



468 Resolves, 1801. — Mat Session. 

last respecting the grant of Lands or money in lieu there- 
of to certain persons therein discribed : Therefore, 

Resolved, That all persons claiming land or money by 
virtue of that or this present resolve, and applying there- 
for within the time therein limited, shall produce to the 
Secretary and Treasurer, of the Commonwealth, such evi- 
dence as to them shall appear satisfactory that the respec- 
tive claimants as aforesaid are the persons discribed or 
intended in said resolve. And the said Secretary & 
Treasurer shall certify the number and discription of 
Persons applying or claiming as aforesaid to the General 
Court, on the first Tuesday of the next Session thereof, 
and also on the first Tuesday of every Subsequent Ses- 
sion, until 1 the time limited for claiming as aforesaid shall 
have expired. 

Sectn. 2. And be it further resolved, that the Gov- 
ernor with advice of Co[?^]ncil is requested, as soon as 
may be, to appoint some suitable person or persons, to 
survey or cause to be surveyed, and laid out into two 
hundred acre Lots, the land discribed in said Resolve, or 
so much thereof as shall appear to be necessary, at the 
expence of the