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

THE 



ACTS AND RESOLVES, 



PUBLIC AND PRIVATE, 



PROVmCE OF THE MASSACHUSETTS BaY: 



PRESENTED BY 



§fi€ ^cwtmommeaM oJ ^^J^^'adda^iuuttd 



TO 





OAj 




HENRY B. PEIRCE, 

Secretary of the Coimnornvealih. 

ELLTS AMES, 
A. C. GOODELL, 

Commissioners. 



(U 



NDER Resolve 187°) Chap. 20.) 



**, », •, ,»• ..»• > >,;' 

YOLTTME III. 



BOSTON: 

PRINTED FOR THE COMMONWEALTH, BY ALBERT J. WRIGHT, 
CoRNEH OF Milk and Federal Streets. 

1878. 



THE 



ACTS AND RESOLVES, 



PUBLIC AND PRIVATE, 



Province of the Massachusetts Bay: 



TO WHICH ARE PREFIXED 



THE CHAETEES OF THE PEOVINCE. 



HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX. 



Published undee Chapter 87 of the Eesolves of, THp Gf,neral Couet 

UF THk COMifOKWEALTH FOli 'T^r "TLAit 1807. 



YOLTJME III. 



BOSTON: 

PRINTED FOR THE COMMONWEALTH, BY ALBERT J. WRIGHT, 
Corner op Milk and Federal Streets. 

1878. 



ACTS, 

Passed 1742 — 43. 



r 



J 



/ 



/' 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twenty-sixth day of May, A. D. 1742. 



CHAPTER 1. 

AN ACT FOR GRANTING THE SUM OF TWO THOUSAND THREE HUN- 
DRED AND FIFTY POUNDS FOR THE SUPPORT OF HIS MAJESTY'S 
GOVERNOUR. 

Whereas there have been sundry grants made for his excellency's Preamble, 
support, which alth [6] [owgr/i] pass['][e]d both houses, have not been 
consented to by him, nor has his excellency received any thing for 
his support, since the arrival of the royal commission to him, — 

Be it enacted by the Governour, Council and House of Represent- 
atives,* 

That the sum of two thousand three hundred and fifty pounds in £2,350 granted 
bills of credit, equal to those of the last emission, bfe and hereby is *<> the governor, 
granted unto his most excellent majesty to be paid out of the publick 
treasury to his excellency, William Shirley, Esq^"^., captain-general 
and governour-in-ch[ei][te]f in and over this his majesty's province 
of the Massachusetts Ba}-, for his past services since his taking upon 
himself the administration of the government ; and further to enable 
him to go on in managing the publick afi'airs. \^Passed June 4. 

* The eleventh article of instructions issued to Governor Dudley, March 5, 1701-2' is as 
follows: "Art. 11. The stj'le of enacting laws to be 'by the Governor, Council and 
Assembly ' and no other." 

This instruction, in substance, was renewed to every succeeding governor. It was the 
eleventh of Burgess's and Shute's instructions, the seventh of Burnet's and Shirley's, the 
eighth of Belcher's, the fifth of Bernard's, and the sixth of Pownal's, Hutchinson's and 
Gage's. In Belcher's, and his successors', however, the word " Assembly " was dropped, 
and "House of Representatives " substituted therefor. 

The objectionable words, "a7iclb7/ the authority of the same," by which, in the enacting 
clause of the first act under the charter, the colonists had appeared to assert their 
autonomy, were fi-om this time omitted, as a concession to Governor Shirley, who, accord- 
ingly, in a letter dated November 11, 1742, reported to the Duke of Newcastle his success 
in securing this compliance with the royal instructions. 

This change, it will be observed, was first made towards the close of the last session of 
the previous year (1741-i2, cliapters 18, 20, 23 and 24); but, except in chapter 20, the 
objectionable words, though omitted before the leading enacting clause, were retained 
before certain sections of those acts. 



Peovince Laws. — 1742-43. 



[Chap. 2.] 



CHAPTER 2. 

AN ACT FOR ALLOWING NECESSARY SUPPLIES TO THE EASTERN AND 
WESTERN INDIANS, AND FOR REGULATING TRADE W[Z]TH THEM. 



Preamble. 
1737-38, chap. 7. 
1740-41, chap. 11. 



Clothing, pro- 
visions, &c., to 
be prepared for 
the trade with 
the Indians. 



Accounts of the 
trade to be an- 
nually laid be. 
fore the General 
Court. 



Truck-masters 
to be appointed 
by the General 
Court. 



To be allowed 
five per cent for 
their service. 



Truck-masters 
not to trade on 
their own ac- 
count. 



Whereas the Indians in the eastern and western parts of this prov- 
ince have many years since acknowledged their subjection and obedience 
to the crown of Great Britain, and have their dependance on this govern- 
ment for supplies of cloathing and other necessaries ; to the intent, 
therefore, that they may be furnished with the same at such easy rates 
and prices as may oblige them to a firm adherence to his maj[es]ty's 
interest, several truck-houses having been erected and set up for that 
purpose, — 

Be it enacted by the Governour, Council and House of Represent- 
\_ati']ves, 

[Sect. 1.] That provisions, cloathing and other supplies suitable 
for a trade with the said Indians be procured with the several sums that 
have been, now are, or shall be hereafter granted for that purpose by 
the general court, and the produce thereof applied, from time to time, for 
the supplying the said Indians as aforesaid, by such person or persons 
as shall annually be chosen by this court, who shall proceed according 
to the instructions they shall receive from this court, or from the 
governour and council on any emergenc}^ in the recess of this court : 
provided, such instructions and directions be consistent with the instruc- 
tions they receive from the general court ; which person or persons so 
chosen shall annually lay before this court fair accounts of his or their 
proceedings herein ; and all supplies of cloathing, provisions and other 
things shall be lodged at such places, to the eastward and elsewhere, as 
the general court have heretofore ordered, or as the}' shall from time to 
time order and appoint. 

And he it further enacted, 

[Sect. 2.] That a suitable person be appointed by this court for 
each of the places where any of the goods aforesaid are lodged, as a 
truck-master, to have the care and management of the trade with the 
Indians, the said truck-masters to draw commissions for their service at 
tlie rate oi five per cent only, both for sales and returns, on the goods 
the}^ shall trade with ; which truck-masters shall be under oath, and 
shall give sufficient securitj^ for the faithful discharge of that trust, and 
attending such instructions as shall be from time to time given them by 
this court, and, in the recess of the court, by the governo[M]r and coun- 
cil as aforesaid ; and the said truck-masters shall keep fair acco[zm]ts 
of their trade and dealing with the s[o.?']d Indians, and shall return the 
same, together with the produce thereof, from time to time, to the person 
or persons who shall be appointed to supply them with the goods as 
afores[ai]d, the said accounts to be laid before the court. And neither 
the truck-master, nor any officer or soldier residing at an}' of the truck- 
houses, either on account of themselves, or any other person or persons, 
shall be suffered to trade with or barter for any goods, wares or mer- 
chandize, or other thing whatsoever, with any Indian or Indians, upon 
pain that every truck-master, officer or soldier so offending, shall, on 
conviction thereof, forfeit and pay the sum of twenty-five pounds for 
each offence, to bo recovered by bill, plaint or information in any of his 
majesty's courts of record[s] within this province ; and any oflicer or 
truck-master so offending, is hereby disqualified and declared uncapable 
of serving as an officer or truck-master in the pay and service of this 
province ever after such offence ; and in case of the death of any truck- 
master, or mismanagem[€'7t]t in that trust, during the recess of the 



[Ist'Sess.] Peovince Laws. — 1742-43. 7 

court, another shall be put in his place by the governo[w]r, w[i]th the 
advice of the council, until [1] the next session of the general court. 

And be it further enacted, 

[Sect. 3.] That the said truck-masters shall sell the goods to the Goods to be sold 
Indians at the price set in the invoice sent them from time to time, voice.'^'"^ '*^ '"' 
"without any advance thereon, and shall allow the Indians for their 
fur[r]s and other goods as the market shall be in Boston, according to 
the latest advices they shall receive from the person or persons that 
shall supply them for the same commodities of equal goodness ; and 
that .the truck-masters do supply the Indians with rum in moderate 
quantities, as they shall in prudence judge convenient and necessary, at 
the rate as charged in the invoices from time to time, 

[Sect. 4.] And in case any of the said truck-masters shall presume ^ 

to sell any goods at higher rates than they are set at by the govern- 
ment, or shall charge to the governm[e?^]t more for any furrs or 
other goods than they allowed the Indians for the same, such truck- 
master, being convicted thereof, shall forfeit and pay the sum of fifty 
pounds ; and the more effectually to prevent such fraud, and also all 
private trading with said Indians, each and every truck-master, when 
and so often as he shall settle and adjust his account with the officer 
appointed by this court for supphing the Indians, shall make oath 
before the s[ai]d officer, who is hereby authorized and required to 
administer the same in manner following : — 

You, A. B., do swear that the goods committed to you for the supply of the Oath. 
Indians, have been sold at no higher rates than they were sefc at by the 
government, and that you have charged for the furrs and other goods you 
have made returns of, no more than you paid the Indians for the same ; and 
that you have not, directly [n]or indirectly, been concerned in any trade 
with said Indians on your private or particular acco[?wi]t, and have not 
countenanced or connived at any such trade managed or transacted by any 
person under you. So help you God. 

Aiid he it further enacted, 

[Sect. 5.] That from and after the publication of this act, no per- private persons 
son or persons whatsoever, other than the truck-masters that shall be ddnk to^ the °in^ 
appointed in manner as is before provided, shall or may presume, by dians. 
themselves or any other for them, directl}^ or indirectly, to sell, give, 
truck, barter or exchange to any of the . aforesaid Indians, any strong 
beer, ale, cj'der, perry, wine, rum, brand}', or an}'' other strong liquor, 
by what name or names soever called or. known, on penalty of forfeiting penalty. 
the sum of twenty-five pounds for each offence ; and in case any rum 
or strong liquor shall be sold or traded..with on board any vessel, or 
transported into those parts for sale, the. person or persons so trading 
with the Indians in rum and other strong liquors, shall forfeit [cind pay'] 
the sum of one hundred pounds for each offence ; and the offences afore- 
said shall be tried at any of his majesty's courts of record within 
this province ; and the justices of the said courts are accordingly 
impow[e]red and directed to hear and determine thereon, the plaintiff 
or complainant filiug his information at least fourteen days before the 
sitting of the court, in the clerk's ofBce of said court before whom the 
matter is to be heard and tried ; and the plaintiff shall also summon or 
notify the defendant thereof according to laAv : one moiety of all fines 
and forfeitures arising by virtue of this act, to be laid out in procuring 
supplies for carrying on the trade with the Indians, the other moiety to 
him or them that shall inform and sue for the same in any of the courts 
aforesaid. 

[Sect. 6.] This act to continue and be in force till the end of the Limitation, 
session of the general assembly in Maj', one thousand seven hundred 
and forty-throe, and no longer. \_Passed July 1. 



8 



Peovince Laws. — 1742-45. 



[Chap. 3.] 



CHAPTEE 3. 

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF FIFTEEN 
THOUSAND POUNDS, FOR DISCHARGING THE PUBLICK DEBTS, &CU]., 
AND FOR DRAWING IN THE SAID BILLS INTO THE TREASURY AGAIN, 
AND FOR STATING THEIR VALUE IN DISCHARGING OF PUBLICK AND 
PRIVATE DEBTS, 



£15,000 in bills 
of credit to be 
eqjitted. 



Appropriations 
of this emission. 



£5,650 for wages 
of officers, sol- 
diers, and sea- 
men, and the 
treasurer's dis- 
bursements. 



£2,650 for the 
governor and 
council. 



£3,200 for 
grants, &c. 



£1,200 for debts, 
where there is 
no establish- 
ment. 



£l,R00forthe 
representatives. 



Be it enacted by the Governour, Council and House of Represent- 
atives, 

[Sect. 1.] That there be forthwith imprinted a certain number of 
bills of credit of this province of the same tenor and form with the 
bills last emitted by this court at their sessions in November last, and 
to be always valued and taken in all publick payments as those of the 
last emission by law are or shall be, which in the whole shall amount 
to the sura of fifteen thousand pounds and no more ; the said bills to be 
signed by the committee already appointed by this court for that pur- 
pose ; and the said committee are hereb}^ directed and impowcred to 
take care and make effectual provision, so soon as ma}^ be, to imprint 
the said bills, and to sign and deliver the same, to the treasurer, taking 
his receipt for the same ; and the said committee shall be under oath 
for the faithful performance of the trust by this act reposed in them. 

And he it further enacted^ 

[Sect. ?.] That the treasurer be and hereby is impowered to issue 
forth and emit the said sum of fifteen thousand pounds for the neces- 
sary support and defence of the government, and the protection and 
preservation of the inhabitants thereof; viz'^'^., the sum of five thou- 
sand six hundred and fifty pounds, part of the aforesaid sum of fifteen 
thousand pounds, shall be applied for the payment of the wages that 
now are or that hereafter may be due by virtue of the establishment of 
Castle William, Richmond Fort, George's Truck-House, Saco Truck- 
House, Brunswick Fort, the block-house above Northfield, the sloop in 
the country's service, and the province snow, and the treasurer's usual 
disbursements ; the sum of two thousand six hundred and fifty pounds, 
part of the aforesaid sum of fifteen thousand pounds, shall be applied 
for the payment of a grant made to his excellency, William vShirley, 
Esq'^''^., captain-general and governour-in-chief, and to pay the mem- 
bers of his majesty's council ; the sum of three thousand and two 
hundred pounds, part of the aforesaid sum of fifteen thousand pounds, 
shall be applied for the payment of such other grants as are or shall be 
made by this court, and for the payment of stipends, bounties and 
premiums established by law, and for the payment of all other matters 
and things which this court have or shall, either b}' law or orders, pro- 
vide for the payment of, out of the publick treasury, and for no other 
purpose whatsoever ; the sum of twelve liundrcd pounds, part of the 
aforesaid sum of fifteen thousand pounds, shall be applied for the dis- 
charge of other debts owing from this province to persons who have 
served or shall serve them, by order of this court, in such matters [and] 
[or] things where there is no establishment, nor any certain sum 
assigned for such service ; and for paper, printing and writing for this 
court, the expences of committees of council, or of the house, or of 
both houses, entertainment of Indians, and presents made them by this 
court, the surgeon of Castle William, and wooding of said castle ; and 
the sum of eighteen hundred pounds, part of the aforesaid sum of fif- 
teen thousand pounds, shall be applied to the payment of the members 
of the house of representatives serving in the general court, during 
their several sessions this present year until May next. 



[1st Sess.] Province Laws. — 1742-43. 9 

And ivhereas, there are, sometimes, publick entertainments, and, from 
time to time, contingent and unforeseen charges that demand prompt 
payment, — 

Be it further enacted^ 

[Sect. 3.] That the sum of five hundred pounds, tlie remaining £5oo for contin. 
part of the aforesaid sum of fifteen thousand pounds, be a[)plied to gent charges. 
defre}' and pay such entertainments and contingent charges, and for no 
other use whatsoever. 

And he it enacted^ 

[Sect. 4.] That if there be a surplusage in any sura appropriated. Surplusage to 
such surplusage shall lie in the treasury for the further order of this ury? 
court. 

And he it further enacted^ 

[Sect. 5.] That each and every warrant for drawing money out of Warrants to ex. 
the treasuiy shall direct the treasurer to take the same out of such pSons.^^^*^"" 
sums as are respectively appropriated for the payment of such publick 
debts as the draughts are made to discharge ; and the treasurer is 
hereby directed and ordered to pay such money out of such appro- 
priations as directed to, and no other, upon pain of refunding all such 
sum or sums as he shall otherwise paj-, and to keep exact and distinct 
accompts of all payments made out of such appropriated sums ; and 
that the secretary to whom it belongs to keep the muster rolls and 
accompts of charge, shall lay before the house, when they shall direct, 
all such muster rolls and accompts after payment thereof. 

And as a fund and security for drawing the said sum of fifteen thou- 
sand pounds into the treasury again, — 

Be it farther enacted^ 

[Sect. 6.] That there be and hereby is granted unto his most ex- £3,75otobe 
cellent majesty, for the ends and uses aforesaid, a tax of three thousand the j^ar T742! 
seven hundred and fifty pounds, to be levied on polls, and estates both 
real and personal, within this province, according to such rules and in 
such proportions on the several towns and districts within the same, as 
shall be agreed upon and ordered by this court in their present session, 
and paid into the treasur}' on or before the last da}^ of December next. 

And as a further fund and security for drawing the remaining part of 
the said sum of fifteen thousand pounds into the treasur}' again, — 

Be it further enacted^ 

[Sect. 7.] That there be and hereby is granted unto his most ex- £3,750 in 1743. 
cellent majesty, for the ends and uses aforesaid, a tax of three thousand 
seven hundred and fifty pounds, to be levied on polls, and estates both 
real and personal, within this province, according to such rules and in 
such proportion on the several towns and districts within the same, as 
shall be agreed upon and ordered by this court at their session in May, 
one thousand seven hundred and fort^'-three, and paid into the publick 
treasury on" or before the last day of December then next" after. 

And as a further fund and security for drawing the remaining part of 
the said sum of fifteen thousand pounds into the treasury again, — 

Be it further enacted, 

[Sect. 8.] That there be and hereby is granted unto his most ex- £3,750 in 1744 
cellent majesty, for the ends and uses aforesaid, a tax of three thousand 
seven hundred and fifty pounds, to be levied on polls, and estates both 
real and personal, within this province, according to such rules and in 
such proportion on the several towns and districts within the same, as 
shall be agreed upon and ordered b}- the great and general court or 
assembly at their session in May, one thousand seven hundred and 
forty-four, and paid into the publick treasury again on or before the 
last (Xvij of December then next after. 
2 



10 Province Laws.— 1742-43. [Chap. 3.] 

And as n, further fund and security for drawing the remaining part 
of the said sum of fifteen thousand pounds into the treasury again, — 
Be it enacted, 
£1,950 in 1745. [Sect. 9.] That there be and hereby is granted unto his most ex- 
cellent majesty for the ends and uses aforesaid, a tax of one thousand 
nine hundred and fifty pounds, to be levied on polls, and estates both 
real and personal, within this province, according to such rules and in 
such proportion on the several towns and districts within the same, as 
shall be agreed upon and ordered by the great and general court or 
assembly at their session in May, one thousand seven hundred and 
forty-five, and paid into the public [7i;] treasury again on or before the 
last daj'' of December then next after. 

And as a fund and security for drawing in such sum or sums as shall 
be paid out to the representatives of the several towns, — 
Be it enacted, 
Tax to be made [Sect. 10.] That there be and hereby is granted unto his most 
to'thereyresent- excellent,majesty a tax of such sum or sums as shall be paid to the 
atives. Several representatives as aforesaid, to be levied and assessed on the 

polls and estates of the inhabitants of the several towns according to 
what their respective representatives shall so receive, which sums shall 
be set on the said towns in the next province tax. And the assessors of 
the said towns shall make their assessment for this tax, and apport^Dn 
the same according to the rule that shall be prescribed by act of the 
general assembl}', for assessing the next province tax ; and the con- 
stables in their respective districts shall pay in the same when they pay 
in the province tax for the next 3'ear : of which the treasurer is hereby 
directed to keep a distinct and scp[e][a]rate account ; and if there be 
sa\j surplusage, the sanae shall l[y][i]e in the hands of the treasurer 
for the further order of this court. 
And he it farther enacted, 
Taxfortbc [Sect. 11.] That in case the general court shall not in their 

«nrtted\'o b^'^ prescut scssions, and at their respective sessions in May, one thousand 
made according scvcu hundred and fort3'-three, one thousand seven hundred and forty- 
tax act^^in°case.^ four, and One thousand seven hundred and forty-five, agree and con- 
clude upon an act apportioning the several sums which by this act is 
engaged shall be in each of these several years apportioned, assessed 
and levied, that then and in such case each town and district within 
this province shall pay (by a tax to be levied on the polls and estates, 
both real and personal, within their districts) the same part and pro- 
portion of the said sums as the said towns or districts shall have been 
taxed by the general court in the tax act then next preceding ; and 
the province treasurer is hereby fully impowered and directed, some 
time in the present session, and some time in the month of June in 
each of these years, one thousand seven hundred and fort3--three, one 
thousand seven hundred and forty-four, and one thousand seven hundred 
and forty-five, to issue and send forth his warrants, directed to the 
selectmen or assessors of each town and district within this province, 
in manner as aforementioned in this act, requiring them to assess the 
polls, and estates both real and personal, within their respective towns 
or districts for their respective part and proportion of the several sums 
before directed and engaged to be assess [e]'d by this act, and the 
assessors, as also persons assess [e]'d, shall observe, be governed by, 
and subject to, all such rules and directions as shall have been given in 
the said next preceeding tax act. 
And he it farther enacted, 
Taxes to be paid [Sect. 12.] That the inhabitants of .this province shall have liberty, 
species hm-ein if thc}' scc fit, to pay the scvcral sums for which the}' respective!}' may, 
enumerated. jq pursuance of this act,be assess[e]'d,in bills of credit hereby emitted. 



[1st Sess.] Province Laws. — 1742-43. H 

according to their several denominatious ; or in coined silver, at six 
shillings and eightpence per ounce, tro}^ weight, and of sterling alloy, 
or in coined gold, proportionably ; or in merchantable hemp, flax, win- 
ter and Isle-of-Sable codfish, refin[e]'d bar-iron, bloomer^'-iron, h[o][a]l- 
low iron-ware, Indian corn, rye, wheat, barley, pork, beef, duck or 
canvas, whalebone, cordage, train-oyl, beeswax, baberr^'-wax, tallow, 
pease, sheepswool, or tann[<']'d sole-leather (the aforesaid commodities 
being of the produce or manufactures of this province), at such moderate 
rates and prices as the respective general assemblies of the present 
year and of the years one thousand seven hundred and forty-three, one 
thousand seven hundred and forty-four, and one thousand seven hun- 
dred and forty-five, shall set them at ; the several persons paying their 
taxes in any of the commodities aforementioned, to run the risque and 
pay the charge of transporting the said commodities to the province 
treasury ; but if the aforesaid general assemblies shall not, at their 
respective sessions in May, some time before the twentieth day of 
June, agree upon and set the aforesaid species or commodities at some How the com. 
certain prices, that then the eldest councello[u]r, for the time being, of broughUnto tho 
each of those count[y][ie]s in the province, of which an}- one of the treasury are to 
council is an inhabitant, together with the province treasurer, or the 
major part of them, be a committee, who hereby are directed and fully 
authorized and impower[e]d to do it ; and in their setting of the prices 
and rating the value of those commodit[y][2'!?]s, to state so much of 
them, respectively, at six shillings and eightpence as an ounce of silver 
will purchase at that time in the town of Boston, and so pro rata. 
And the treasurer is hereby directed to insert in the several warrants 
b}' him sent to the collectors of the taxes in those years, respectively, 
with the names of the afore- recited commodities, the several prices or 
rates which shall be set- on them, either by the general assembly or 
the committee aforesaid, and direct the aforesaid collectors to receive 
them so. 

[Sect. 13.] And the aforesaid commodities so brought into the Treasurerto 
treasury", shall, as soon as conveniently may be, be disposed of by the commoauies. 
treasurer to the best advantage for so mnch as it will fetch in bills of •• 
credit hereby to be emitted, or for silver or gold ; which silver and gold 
shall be delivered to the possessor of said bills in exchange for them ; 
that is to say, one ounce of silver coin, and so gold in proportion, for 
six shillings and eightpence, and pro rata for a greater or less sum. 
And if any loss shall happen by the sale of the aforesaid species, or by 
an}^ unforeseen accident, such deficiency shall be made good by a tax 
of the 3'ear next following, so as fully and effectually to call in the 
whole sum of fifteen thousand pounds in said bills hereby ordered to 
be emitted ; and if there be a surplusage it shall remain a stock in the 
treasury. 

And he it further enacted, 

[Sect. 14.] That any debt contracted before the thirty-first day of Rules for paying 
October last, which might have been paid and discharged in and by p"^^'® *^'^'^'*- 
province bills of the old tenor, and also any debt contracted l^tetween 
the said thirty-first day of October and the first day of April last 
(where the contracting parties have not expressly otherwise agreed) 
may be discharged by the bills by this act to be emitted, in proportion 
as one to four ; that is to say, that a debt of twenty-six shillings and 
eightpence, dischargeable or contracted as aforesaid, may be discharged 
by six shillings and eightpence in bills by this act to be emitted, or 
by one ounce of silver, and so in proportion for a greater or less sum. 
\_Passed July 1. 



12 



Province Laws. — 1742-43. 



[Chap. 4.] 



CHAPTEE 4. 

AN ACT IN ADDITION TO AND FOR REND[E]RING MORE EFFECTUAL 
AN ACT FOR REGULATING THE ASSIZE OF CASK, AND PREVENTING 
DECEIT IN PACKING OF FISH, BEEF AND PORK, FOR SALE, MADE IN 
THE FOURTH YEAR OF THE REIGN OF KING AVILLIAM AND QUEEN 
MARY ; AND ALSO FOR THE PREVENTING FRAUD AND INJUSTICE IN 
THE MEASURING OF GRAIN. 



Preamble. 
1692-3, chap. 17, 
1718-19, chap. 16. 
1722-23, chap. 4. 
1730-31, chap. 5. 
1737-38, chap. 12. 



Pork, beef, and 
fish to be re- 
packed and 
pickled. 



Packer to be 
chosen and 
Bworn. 



1692-3, chap. 17 



Assize of cask 
and quantity of 
meat, &c. 



Cask to be 

marked after 
repacking. 



Penalty for 
packers not 
doing their 
duty. 



Whereas there does daily appear great fraud and deceit in the pack- 
ing of beef and pork and other provisions, the produce of other colonies 
vended or consumed in this province ; and whereas the act or law 
already made for preventing such fraud and deceit hath been found in- 
effectual for that purpose, so that a further provision is necessary to be 
made, — 

Be it therefore enacted by the Governo^uyr, Council and House of 
Repres[entati^ ves, 

[Sect. 1.] That from and after the first day of October next, all 
barrels and other casks of pork, beef, fish or other provision imported 
into this province shall be repacked and pickled before the same shall 
be sold or exposed to sale to any person whatsoever ; which repacking 
and pickling shall be performed and done by fit persons appointed for 
that purpose, for every town where such provisions are usually brought 
for sale, or from whence they are exported for a foreign market. And 
the justices of the peace in the several counties are hereby impowered 
and directed, at their first general quarter-sessions to be holden in 
each respective county in this province, yearly, to appoint a suitable 
number of persons for each town as aforesaid, and to swear them to 
the due and faithful [1] execution of their office ; and any such person so 
appointed refusing to officiate, shall be liable and subject as in and b}* 
the act of the fourth of King William and Queen Mary. 

And be it further enacted^ 

[Sect. 2.] That all cask used for packing fish, beef, pork or any other 
commodity imported as afores[a«:]d within this province, being of the 
full assize required in the aforesaid act, and as free of sap as may be, 
each and every barrel of merchantable pork imported here, when ex- 
posed to sale in any town or place within this province where such 
officers or packers shall have been appointed as aforesaid, after being 
repacked and pickled as afores[ai]d, shall contain at least two hundred 
and twenty pounds of pork ; and there shall not be pack'd in any bar- 
rel more than four legs, four shoulders and four half-heads, and every 
half-barrel and greater or lesser cask shall be in proportion ; and each 
and every barrel of merchantable beef shall contain no more than three 
legs or shins ; and the packer shall be allowed sixpence per barrel for 
every barrel repack'd as afores[ai]d, and in proportion for larger cask. 

And be it further enacted, 

[Sect. 3.] That every packer to be appointed as afores[ai]d, after 
repacking and pickling any beef, pork, fish or other commodities, shall 
set a brand or mark with the first letters of his Christian and sirname, 
and the town where he dwells at length, on all such cask, barrels or 
half-barrels, wherein he hath repack['][e]d and pickled any beef, pork, 
fish or other provisions. And in case any such packer, appointed and 
sworn as aforesaid, shall be guilty of any fraud or deceit in packing or 
repacking an}' beef, pork, fish, or other provision, or any cask used for 
packing or repacking the same, contrary to the true intent and meaning 
of this act, shall forfeit and pay the sum of forty shillings for every cask 
or barrel of provision so deceitfully packed or repacked: one half to the 



[1st Sess.] Pkovince Laws. — 1742-43. 13 

informer, who shall sue for the same in an}^ of his majestj-'s courts of 
record within this province proper to try the same, the other half to 
the poor of the town where such offence is committed. 

And for rend [e] ring the said act more effectual, — 

Be it further enacted, 

[Sect. 4.] That whosoever shall sell or expose to sale va\y barrels or Penalty for seii. 
other casks of beef, pork or an}^ other provisions imported iiito any no^ J^epackedf 
town within this province where such packers shall be appointed as 
afores[ai]d, before the same shall be repack ['][e]d and pickled and 
branded by the packer thereof as afores[at]d, shall forfeit and pay the 
sum of twenty shillings per barrel for every offence : one half to the 
informer, who shall sue for the same before any of his majesty's courts 
of record proper to try the same, the other half to the poor of the 
town where such offence is committed. 

And he it further enacted, 

[Sect. 5.] That there be a suitable number of measurers of corn. Measurers of 
and all sort of grain, in every seaport town within this province, to be andVe.^'"^ "*^ 
appointed as aforesaid, wh[o*] being likewise sworn for the faithful [1] 
discharge of that office, at the request of the purchaser, shall meas- 
u[re*] all corn and grain that shall be imported and sold out of any 
ship or other vessel, and shall have and receive of him one farthing per 
bushel for every bushel of corn or grain by him so measured, when the 
quantity measured exceeds ten bushels, and one halfpenny jjer bushel 
when the quantity be less than ten bushels. 

And he it further enacted, 

[Sect. 6.] That whosoever shall expose to sale within the said Penalty for re- 
province any corn or other gi-ain, and shall refuse to suffer the same to grain^me°asured 
be measured as aforesaid, being requested thereto by the purchaser, '^^ above. 
shall forfeit and pay fort}^ shillings to such person or persons as shall 
make proof thereof to any of his majesty's justices of the peace. 

And he it further enacted, 

[Sect. 7.] That everj^ such measurer of corn and grain as afore- Winchester 
s[ai]d, shall, at the expence of the respective towns the}- belong to, used for grain. 
be provided each with two half-bushels, Winchester measure, which 
shall on the top thereof have two strips of iron, each crossing the same 
on a level, to prevent an}'- deceit in striking the s[ai]d measure when 
full of grain ; and in case any such measurer of grain shall be guilty Penalty on the 
of any fraud or deceit in measuring any sort of grain, he shall forfeit "^^^surers. 
and pay the sum of five pounds ; and in case of his refusal to attend N^cgiect of their 
the afores[ca']d service when he shall be thereto requested, he shall '^^^' 
forfeit and pay the sum of five shillings for each and every offence, to 
be recovered and disposed of as afores[ai]d. 

[Sect. 8.] This act to continue and be in force for the space of Limitation. 
three years from the publication thereof, and no longer. \_Passed July 
1 ; published July 5. 



CHAPTER 5. 

AN ACT FOE, ESTABLISHING AND BETTER REGULATING FEES WITHIN 

THIS PROVINCE. 

"Whereas some services of a publick nature have no fees stated by Preiimbie. 
law, and others which have been established b}- two acts, made in the 1701-2^ chap! 7.' 

• Parcfament injured, and these letters cut off. 



£0 


Os. 


, 6d. 








1 





1 


6 





1 











1 








3 








9 








6 








3 








3 








4 





1 











6 



14 Peovince Laws.— 1742-43. [Chap. 5.] 

fourth and tliirteentli years of King William and Qneen Mary, by reason 
of the alteration of circumstances, are become unequal, — 

Be it therefore enacted by the Governour, Council and House of Repre- 
sentatives, 
Rate^of fees [Sect. 1.] That from and after the publication of this act, the 

following fees, in bills of credit, emitted for the supply of the treasury 
the last 3'ear, or in other province bills, or gold [or] [and] silver in 
proportion (at the choice of the payer) , may be taken for the future ; 
viz'^'^., — 

JUSTICE'S FEES. 

For granting original summons or attachment, sixpence, . 

Subpcena for each witness, one penny, . i . . 

Entring an action, one shilling and sixpence, 

Writ of execution, one shilling, 

Filing papers, each one penny, 

Taxing a bill of cost, threepence, 

Entring up judgment, ninepence, 

Bond for appeal, sixpence, ...... 

Copy of evidences, each threepence, 

Copy of judgment, threepence, ...... 

Copy of a writ or summons, fourpence, .... 

Each recognizance, one shilling, 

Confessing judgment, sixpence, 

Affidavit out of court in order to the tr[i][2/]al of any 

cause, sixpence, — 6 

in other causes, together with certificate and entry, six- 
pence, 006 

Acknowledging an instrument with one or more seals, pro- 
vided it be done at one and the same time, one shil- 
ling, 010 

A warrant, sixpence, . ." 006 

Each day's attendance at the sessions, to be paid out of the 

fines, two shillings, 2 

CORONER'S FEES. 

For serving a writ or summons, and travel[Z]ing fees, the 

same as sheriffs. 
Taking an inquisition, to be paid out of the deceas[e]d's 

estate, six shillings and eightpence, — . . .068 
if no estate, then to be paid by the county treasurer, 

thi'ee shill[tK9']'s and fourpence, . . . .034 
For travelling and expences for taking an inquisition, each 

day, six shill [wig's], 

The foreman of the jur^-, three shillings, .... 
Every other juror, two shillings and sixpence, . 

JUDGE OF PROBATE'S FEES. 

For granting administration or guardianship, bonds, and 
letters of administration or guardianship ; — 

to the judge, two shillings, 

to the register, one shilling and ninepence. 
Proving a will, three shillings ; whereof one shilling and 
ninepence to the judge, and one shilling and three- 
pence to the register, . ... 
Recording a will or inventory of one page, and filing the 
same, one shilling and thi'eepence, — 
for every page more, of twenty-eight lines, of eight words 
in a line, sixpence, 






6 








3 








2 


6 







2 
1 



9 





3 








1 


3 








6 



[1st Sess.] 



PrvOviNCE Laws. — 1742-43. 



15 







2 




6 
6 






2 
1 









2 











6 



9 



6 



For copy of a will or inventory, eacli page of twenty-eight 

lines, sixpence, . . . . . . . £0 Os. Qd. 

Allowing accompts, sCtling and dividing of intestate estates, 
two shillings and sixpence, ..... 

Eveiy citation, sixpence, ....... 

Every quietus, to the judge one shilling, to the register one 
shilling, ......... 

Warrant for appriz[e]ing or dividing estates, one shilling. 

Making out commission to receive and examine the claims 
of creditors in insolvent estates, and registring the 
same, two shillings, 

Registring the commissioner's report, each page of twenty- 
eight lines, sixpence, ...... 

Making out and entring an order upon the administra- 
t[ors][{o?i] to pay out the estate [to] [o/] the 
several creditors, in proportion returned by the 
commissioners, ninepence, ..... 

IN THE SUPERIOUR COURT. 

justices' fees. 

Entring every action, six shillings, — .... 
out of which, to the clerk, one shilling, .... 

Taking every special bail, one shilling, .... 

Allowing a writ of error, one shilling and sixpence, . 

Allowing a habeas corpus, one shilling, .... 

Confessing judgment, one shilling, ..... 

Acknowledging satisfaction of a judgment on record, six- 
pence, ......... 

In all criminal cases where a fine is set, three shillings, 

Taxing a bill of cost, sixpence, ...... 

Attorney's fee, to be allowed in the bill of cost taxed, six 
shillings, . 

clerk's fees. 
Every writ of scire facias, one shilling and sixpence ; every 

writ of review, two shillings and sixpence, 
Every rule of court, threepence, 
Filing a declaration, sixpence, .... 
Entring appearance, threepence. 
Signing a judgment b}' default, sixpence, . 
Receiving and recording a verdict, sixpence. 
Copies of all'records, each page of twenty-eight lines, eight 

words in a line, sixpence, — . 
if less than one page, sixpence, 
Ever}' action withdrawn or nonsuit, sixpence, . 
Every petition read, sixpence, — 

order thereon, sixpence, .... 
Filing the papers of each cause, one penny per paper, 
Every execution, one shilling, 

In Criminal Cases. 
Drawing and engrossing an indictment or information, one 

6hill[iH//], ........ 

Every appearance, threepence, . . . . . 

Discharge of any person upon bail for the peace or good 

behaviour, and warrant thereon, sixpence. 
For awardhig and making forth process against the 

def[_endan']t on information, sixpence, 
Every warrant for the peace or good behaviour, sixpence, . 



6 
3 
6 



6 






4 











3 








6 








3 








6 








6 








6 








6 








6 








6 








6 








1 





1 








1 











3 



6 



6 
6 



16 



Province Laws. — 1742-43. 



[Chap. 5.] 



IN THE INFERIOUR COURT. 

justices' fees. , 

Entry of every action, five shillings, — . . . . £0 
of which, to the clerk, one shilling, .... 

Taking special bail, one shilling, 

Confessing judgment or default, sixpence, — . . .0 
of which the clerk to have fourpence, .... 

Acknowledging satisfaction of judgment on record, six- 
pence, ......... 

Taxing a bill of cost, sixpence ; threepence whereof to the 

clerk, . . 

Attorney's fee, to be allowed in the bill of cost tax[e]d, five 

shillings, . . . . . . . .0 

Appeal, sixpence ; recognizance, one shilling ; whereof half 

to the clerk, 

clerks' fees. 

Every writ and seal, sixpence, 

Every appearance, threepence, . . . . . . 

Entring and recording a verdict, sixpence, . . .0 

Making up record, sixpence, 

Copies of all records, each as before, sixpence, . . .0 
Every action withdrawn or nonsuit, sixpence, . . . 
Every execution, one shilling, 

CLERK OF THE SESSIONS' FEES. 

Entring a complaint or indictment, one shilling, . . 
Discharging a recognizance, sixpence, .... 
Each warrant against criminals, sixpence, .... 
Every summons or subposna, twopence, .... 
Every recognizance for the peace or good behaviour, six- 
pence, 

Every l[y][i]cence for publick entertainment or retailing, 

two shillings, — 

whereof to the clerk, one shilling, 

SHERIFF'S OR CONSTABLE'S FEES. 

For serving an original summons, sixpence ; every capias 
or attachment in civil, or yyarrants in criminal, cases 
for trial, one shilling, — . . . . ..016 

and for travel from the place whence the writ issues to 
the defendant's place of abode, one penny half-penny 
per mile, and no more, 

Bail bond, sixpence, ........ 

Serving execution in every personal action, if twenty 
pounds or under, sixpence per pound ; for all others 
not exceeding forty pounds, threepence per pound ; 
for all others not exceeding one hundred pounds, 
twopence per pound ; all others above one hundred 
pounds, one pennj'- per pound ; for travel to return 
the execution, twopence per mile. 

For giving liver}^ and seizen of real estates, seven shillings 

and sixpence ; travel as before, . . . .076 

Every trial, sixpence, 6 

Every precept for the choice of representatives, one shilling, 

to be paid out of the county treasuries respectively, 10 

Each constable, for attending the grand jur}-, each da}^. One 

shilling and sixpence, 16 



5s. M. 

1 

1 

6 

4 

6 

6 
5 

1 6 

6 

3 

6 

6 

6 

6 

1 



1 

6 

6 

2 



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1 



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[1st Sess.] Peovince Laws. — 1742-43. 



17 



CRYER'S FEES. 



Calling the jury, threepence, 
Every nonsuit, sixpence, . 
Every verdict, sixpence, . 



. f Os. M. 

.006 

.006 



COALER'S FEES. 

For turning the key on each prisoner committed, two 
shillings and sixpence ; viz'^'^., one shilling and 
threepence in, and one shilling and threepence out, 2 6 

For dieting each person, two shillings and sixpence per 

week, 026 



MESSENGER OF TEE HOUSE OF REPRESENTATIVES FEES. 

For serving every warrant from the house of representa- 
tives, which they may grant for arresting, imprison- 
ing or taking into custody any person, one shilling 
and sixpence, ....... 

For travel, each mile out, one penny halfpenny per mile, . 

For keeping and providing food for such person each day, 
two shillings and sixpence, ..... 

For his discharge or dismission, one shilling and sixpence, 
to be paid as by law alread}- provided, . 



6 
U 



2 6 



16 



GRAND JUROR'S FEES. 

Foreman, each day, one shilling and sixi^ence, . . .016 
Each other, one shilling and threepence, . . . .013 

Allowance to the party for whom cost shall be taxed in the 
respective courts before mentioned in this act, one 
shilling per diem, . . . . . . .010 

Allowance for witnesses in civil causes, one shilling and 

sixpence per diem, . 16 

PETIT JUROR'S FEES. 

To the foreman, in every case at the superiour court, one 

shilling and threepence, 13 

To ever}' other juror, one shilling, . . . . .010 

To the foreman, in every case at the inferiour court, or 

sessions, one shilling, . . . . . .010 

To every other juror, ninepence, 9 






1 











9 








4 



FOR MARRIAGES. 

For each marriage, two shillings and sixpence ; whereof to 

be paid to the town clerk, sixpence, . . .026 

To the town clerk, for every publishment of the banns of 
matrimony and entring thereof, one shilling, . 

Every certificate of such publishment, ninepence. 

Recording births and deaths, each, fourpence, . 

For a certificate of the bu-th or death of any person, three- 
pence, . . .003 

For ever}' search of record, when no copy is required, three- 
pence, 003 

COUNTY REGISTER'S FEES. 

For entring or recording an}- deed, conve^-ance or mortgage, 

for the first page, ninepence, — . . . .009 

3 



18 



Province Laws. — 1742-43. 



[Chap. 6.] 



Penalty for tat 
ing other fees. 



Penalty for not 
serving war- 
rants, &c. 



Proviso. 



Continuance of 
this act. 

1692.3, chap. 37. 
1701-2, chap. 7. 



and sixpence a page for so many pages more as it shall 
contain, a[c]c>jnnting after the rate of twenty-eight 
lines, of eight -words to a line to each pnge, and pro- 
portionably for so much more as shall be under a 
page,— 

and threepence for his attestation on the original, of the 
time, booli and folio where it is recorded, — 

and for discharge of a mortgage as aforesaid, sixpence, 
and no more, ........ 



£0 Os. 6d: 



3 



6 



A7}d be it further enacted, 

[Sect. 2.] That whosoever shall demand and take any greater or 
other fees for the matters before mentioned, or any of them, than are 
allowed to be demanded and taken by this act, and shall be thereof 
convict, shall forfeit and pa}- for each offence, the sum of ten pounds, 
to be applied the one moiety to his majesty for and towards the support 
of this government, and the other moiety to him or them that shall sue 
for the same ; to be recovered by action, bill, plaint or information, in 
any court of record proper to try the same. And all oflicers to whom 
any warrant, summons, capias or attachment shall be committed, and 
who shall receive fees for the service thereof, are hereby required, with- 
out unnecessary dela}', to serve and execute the same, on forfeiture of 
ten pounds, to be recovered and applied as aforesaid, beside making 
good such damage as the party may sustain b^' such delay : provided, 
in civil causes, the fees for travel and service be first tender[e]d and 
paid if required by such otSccr. 

[Sect. 3.] This act to continue and be in force for the space of one 
year from the publication thereof, and no longer ; the act made in the 
fourth year of the reign of King William and Queen Maiy, for regulating 
f^>os, as also an act made in the thirteenth year of the reign of King 
William the Third, relating to attorneys, or any other act respecting the 
establishment of fees, notwithstanding. [^Passed July 1. 



CHAPTEK 6. 



Time of this 
act's continu- 
ance. 



AN ACT FOR. GRANTING UNTO HIS MAJESTY AN EXCISE UPON WINES, 
LIQUORS AND OTHER STRONG DRINK SOLD BY RETAIL, AND UPON 
LEMMONS AND LIMES. 

We, his majesty's most loyal and dutiful subjects, the representatives 
of the province of the Massachusetts Bay, in general court assembled, 
being desii'ous to lessen the present debt of the province, b}' drawing 
in a number of the bills of credit in pursuance of several grants of 
this court heretofore made, have chearfully and unanimously granted, 
and do hereby give and grant unto his most excellent majesty for the 
ends and uses above mentioned, and for no other uses, an excise upon 
all brandy, rum and other spirit[t]s distilled, and upon all wines what- 
soever sold by retail, and upon lemmons and limes taken in or used in 
making of punch or other liquors mixed for sale, or otherwise consumed 
in taverns or other licensed houses within this province, to be raised, 
levied, collected and paid b}^ and upon every taveruer, innholder, com- 
mon victualler and retailer within each respective county, in manner 
following, — 

And be it accordingly enacted by the Governour, Council and Repre- 
sentatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That from and after the twenty-ninth day of June, one 
thousand seven hundred and forty-two, for the space of three years, 



[1st Sess.] Province Laws. — 1742-43. 19 

every person licensed for retailing brandy, rum or other spirits, or wine, 
sljall pay the duties following ; viz'^'J., — 

For every gallon of brandy, rum and spirits distilled, threepence. Rates of excise. 

For every gallon of wine of every sort, threepence. 

— a pipe of wine to be accounted one hundred gallons. 

For every hundred of lemmons, two shillings and one penny. 

For every hundred of limes, ninepeuce. 

And so proportionably for any other quantity or number. 

And be it further enacted., 

[Sect. 2.] That there be one or more collectors in each county Collectors to be 
annually appointed by the general court, or b}^ the court of general *pp°'"'^<^<i- 
sessions of the peace where it shall happen that such collectors refuse 
to accept said office, or be removed by death or for mismanagement, to 
take charge of this duty of excise, who shall have power to inspect the 
houses of all such as are licensed, and of such as are suspected to sell 
without license, which collectors shall be upon oath to take care of the 
execution of this law, and to prosecute the breakers of it, and have 
power to appoint under-offlcers upon oath ; and the said collectors shall 
carefully examine the accompts of every licensed person in their re- 
spective counties, and demand, sue for and receive the several sums 
due from them by this act, and shall give in an account, under their 
hands, of the particular sums they receive, together with the names of 
the persons of whom received, unto the treasurer, upon oath, which To give account 
oath the treasurer is hereby impow^ered and directed to administer, in "^°° ^^^^' 
the words following ; viz"^*^^., — 

You, A. B., do swear this is a just and true accompt of the excise upon all Form of the 
liquors by you received in the county of * , and that the persons of °^^^- 

whom you received the same were also upon oath. So help you God. 

[Sect. 3.] And at the time of receiving any mone}^, the said col- 
lector shall give two receipts of the same tenor and date, mentioning 
what sum or sums they liave received from any taverner, innholder, 
common victualler or retailer, one of which receipts to be b}' the said 
taverner, innholder, common victualler or retailer returned to the court 
of general sessions of the peace within their respective counties at the 
next session of such court, and the clerks of the said court [s] shall, 
within twenty daj's after receipt thereof, transmit the same to the 
treasurer or receiver-general ; and such collectors shall pay into the 
publick treasury of this province all such sums as they shall receive, 
within six months from the date of their commission, and so from time 
to time within the space of six months, as long as the}' shall continue 
in such office, on pain of forfeiting the reward given such collectors by 
this act, w^ho shall be allowed five per cent on all money by them col- Five per cent 
lected and paid into the treasury as aforesaid ; each collector before he °' ^° ecting. 
enter into the said office to give bond for double the sum that is usually 
received for excise annually in said count}', to the treasurer of this 
province for the time being, and his successo[u]rs in said office, with 
sufficient sureties, for the laithfnl[l] discharge of his duty, and that he 
will duly pay in the money that he shall collect to the treasurer of the 
province for the time being ; which bond shall be executed before the 
.com't of general sessions of the peace in the respective counties where 
the said collectors live, and be transmitted to the treasurer of the 
province, by the clerk of the peace within such County, within three 
months after the bond is executed. And the said treasurer shall put 
in suit the bonds of all such collectors who shall neglect to make due 
payment within sixty days after the expiration of the year. 



20 



Pkovince Laws. — 1742-43. 



[Chap. 6.] 



Account to be 
taken. 



Within six 
months, ac- 
counts to be 
delivered. 



Twenty per 
cent allowed for 
leakage. 



Penalty on col- 
Ipctors not ad- 
ministering the 
oith. 



General ses- 
bions to take 
iccognizauce. 



Penalty on giv- 
ing a false ac- 
count. 



And he it further enacted by the authority aforesaid, 
[Sect. 4.] That every taverner, innholder, common victualler and 
retailer shall, after the twenty-ninth day of June, one thousand seven 
and forty-two, take an exact account of all rum, brandy and other dis- 
tilled spirits and wine, then by him, and give an account of the same 
unto the said collector upon oath ; and such other persons as shall be 
licensed during the continuance of the said act shall also give an 
account as aforesaid, upon oath, of what rum, brandy and other dis- 
till[e][']d spirits and wine he or they shall have by him or them at the 
time of his or their license ; which oath the collector shall have power 
to administer in the words following ; viz"^'^., — 

You, A. B., do swear, that the account exhibited by you is a true and just 
account of all the rum, brandy and distilled spirits, and wine, now by you. 
So help you God. 

And be it further enacted, 

[Sect. 5.] That every taverner, innholder, common victualler, and 
retailer, shall make a fair entry in a book of all such rum, brand}^, and 
other distilled spirits, and wine, as he or they or any for him or them 
shall buy, distill, or take in for sale after such account taken, and at 
the end of every sis months deliver the same in writing, under his or 
their hands, to the collector, who is to administer an oath to him or 
them, that the said account is, bond fide, just and true, and that he or 
they do not know of any rum, brandy, or distilled spirits, or wine, sold 
directly or indirectl}^ b}' him or them, or any under him or them, or by 
his or their privit}^ or consent, but what is contained in the account now 
exhibited, and shall pay him the duty thereof, excepting such part as 
the collector shall find is still remaining by him or them : twenty per 
cent to be allowed for leakage and other waste, for which no duty is to 
be paid. 

[Sect. 6.] And every collector who shall neglect or refuse to admin- 
ister such oath in manner as aforesaid, being thereof convict b}' due 
course of law, shall forfeit and pay the sum of twenty pounds, for the 
use of the province, to be recovered in manner as by this act is pro- 
vided, and so toties quoties. 

[Sect. 7.] And the justices in their general sessions of the peace 
shall take recognizances with sufficient sureties, of all persons by them 
licen[s][c]ed, both as to their keeping good rule and order, and dul}'- 
observing the laws relating to persons so licen[s][c]ed, as also for their 
duly and truly rendering an account in writing under their hands as 
aforesaid, and paj'ing their excise in manner as aforesaid ; which recog- 
nizance shall be taken within the space of thirty daj's after the grant- 
ing such licen[c][s]es, otherwise the person licensed shall lose the 
benefit of his or her said licence ; nor shall anj^ person be licen[s][c]ed 
by said justices that hath not accounted with the collector of excise, 
and produced his receipt in full at the time for such licen[s][c]e. 

And be it further enacted, 

[Sect. 8.] That every taverner, innholder, common victualler, or 
retailer, who shall be found to give a false acco[mp]['?m]t of any 
brandy, distilled spirits, or wine, by him or her at the time of his or 
her taken licence, or bought, distilled or taken in for sale afterwards, or 
refuse to give in an account on oath as aforesaid, shall be rendered 
incapable of having a licence afterwards, and be prosecuted by the 
collector for his or her neglect, and ordered by the general sessions of 
the peace to pay such sum of money as they may conclude that the 
excise of liquors, «fec[a]. by him or her sold within such time, would 
have amounted to, to be paid to the collector for the use of the 
province. 



[1st Sess.] Peovince Laws. — 1742-43. 21 

Provided aZwa[ie][?/]s, — 

And it is the true intent and meaning of tJiis act, 

[Sect. 9.] That if any taverner, retailer, or common victualler, Proviso. 
shall buy of another taverner, or retailer, such small quantities of liq- 
uors as the law obliges him to account to the collector for and pay the 
excise, the taverner, retailer, or common victualler shall, notwithstand- 
ing, be accountable and pay the excise, as if none had been paid by the 
person he bought the same of. 

And whereas notwithstanding the laws made against selling strong Preamble, 
drink without licence, many persons not regarding the penalties and 
forfeitures in the said act, do receive and entertain persons in their 
houses, and sell great quantities of spirits and other strong drink without 
licence so to do first had and obtained, by reason whereof great debauch- 
eries are committed and kept secret, the end of this law in a great 
measure frustrated, and such as take licen[s][c]es and pay the excise 
greatly wTonged and injured. 

Be it therefore further enacted, 

[Sect. 10.] That whosoever after the twenty-ninth day of June, Forfeiture of £3 
one thousand seven hundred and forty-two, shall presume to sell any outlicenfe.^^ 
brand}', rum, or other distilled spirits, wine, beer, cj'der, perry, or any 
other strong drink in any smaller quantity than a quarter-cask (twenty 
gallons to be accounted a quarter-cask), without licence first had and 
obtained from the general sessions of the peace, and recognizing in 
manner as aforesaid, shall forfeit the sum of three pounds, one half 
whereof to be for the use and benefit of the poor of the town where the 
offence shall be committed, and the other half to him who shall inform 
and sue for the same, and costs of prosecution ; and all such as shall 
refuse or neglect to pay the fine aforesaid, shall stand closely and 
strictly committed in the common goal of the county for fort}- days at 
least, and not to have the liberty of the goaler's house or yard ; and any 
goaler giving any person liberty contrary to this act, shall forfeit and 
pay three pounds, to be employed in manner as aforesaid, and pay 
costs of prosecution as aforesaid. And if any person or persons not 
licen[s][c]ed as aforesaid, shall order, allow, permit, or connive at the 
selling of any strong drink contrary to the true intent and meaning of 
this law, by his or her child or children, servant or servants, or any 
other person or persons belonging to, or in his or her house or family, 
and be thereof convict, he, she or they shall be reputed the offender 
or offenders, and shall suffer the same penalties as if he, she or they 
had sold such drink themselves, unless such person or persons will, bond 
Jide, swear that he, she or they did not order, allow or permit thereof, 
or connive thereat. 

And be it further enacted, 

[Sect. 11.] That two credible persons declaring upon oath what Two persons' 
they know of any facts that may be judged to be against this law for- ficlent.''^ 
bidding unlicen[s][c]ed persons to sell strong drink, shall be sufficient 
to convict such person or persons thereof, altho[Mg'/i] their testimony 
be to two different facts : provided, there be not more than the space of 
twenty days between the facts concerning which they declare. 

And be it further enacted, 

[Sect. 12.] That all fines, forfeitures and penalties arising by this ^g°J^(.^"g^red'*" 
act, shall and may be recovered by presentment of the grand jury, at 
the court of sessions, or by bill, plaint or information before any three 
of his majesty's justices of the peace, quorum unus, in the respective 
counties where such offence shall be committed, which said three justices 
are hereby impowered to try and determine the same : saving always, to 
any person or persons who shall think him, her or themselves aggrieved 
by the sentence or determination of the said three justices as aforesaid, 



99 



Province Laws. — 1742-43. 



[Chap. 7.] 



Evidence, if be- 
fore three jus- 
tices, to be in 
■writiDg. 



Houses not 
licensed. 



Penalty on per- 
sons refusing to 
give evidence. 



liberty of appeal therefrom to the next court of general sessions of the 
peace to be holden in and for said county, at which court such offence 
shall be finally determined : provided., that in said appeal the same rules 
be observed as are ah'eady by law required in appeals from one or more 
justices to the court of general sessions of the peace. 

And he it further enacted, 

[Sect. 13.] That all evidences relating to the aforesaid offence 
of selling strong drink without licence, when the trial shall be be- 
fore three justices of the peace as aforesaid, shall be taken in writing ; 
and in case the witnesses cannot be had and obtained to appear on 
appeal before the court of sessions, that then and in such case the 
s[ai]d written evidence shall be deem'd as valid, to all intents and 
purposes, by the said court of sessions, as if the said witnesses had 
appeared, and there given in their evidence viva voce. And the said 
justices shall make a fair entry or record of all such their proceedings, 
such record to be lodged with the justice who is of the quorum. 

And be it farther enacted, 

[Sect. 14.] That when and so often as it shall be observed that 
there is a resort of persons to houses suspected to sell strong drink 
without licence, any justice of the peace shall have full power to con- 
vene such persons before him, and examine them upon oath touching 
the person suspected of selling or retailing strong drink in such houses, 
and [t?^7]on just grounds of suspicion, such justice shall call to his 
assistance two other justices, qualified as aforesaid, who shall proceed 
to hear and adjudge said offence agreeable to such rules and direc- 
tions as are in this act before provided, and if upon such examination 
had, any person shall be convicted of such offence, the whole of the 
penalty of three pounds in this act before provided for selling strong 
drink without licence, shall be to and for the use of the poor of the 
town where such offence shall be committed. 

And be it further enacted, 

[Sect. 15.] That if any person or persons shall be summoned to 
appear before the grand jury to give evidence relating to anj^ person's- 
selling strong drink without licence, or to appear before the court of 
general sessions of the peace, or three justices as aforesaid, to give evi- 
dence on the trial of any person informed against, presented, or in- 
dicted for the selling strong drink without licen[s][c]e, and shall 
neglect or refuse to appear t)r to give evidence in tliat behalf, every 
person so offending shall forfeit and pay the sum of three pounds, for 
the use of the county where the offence shall be committed. 

A7id be it further enacted, 

[Sect. 16.] That all the rates, fines and forfeitures heretofore men- 
tioned, shall be in the bills of the last emission, or other bills equiva- 
lent thereto. \_Fassed July 1 ; published July 5. 



CHAPTER 7. 

AN ACT FOR GRANTING A SUM FOR THE PAY OF THE MEMBERS OF THE 
COUNCIL AND HOUSE OF REPRESENTATIVES IN GENERAL COURT 
ASSEMBLED, AND FOR ESTABLISHING THE WAGES, &c., OF SUNDRY 
PERSONS IN THE SERVICE OF THE PROVINCE. 



Be it enacted by the Governour, Council and House of Representatives, 
Councillors' pay [Sect. 1.] That from the beginning of the present session of the 
in'the Gener'ai general court unto the end of their several sessions till May next, each 
Court. member of the council shall be [e][i]ntitled to four shillings and six- 



[1st Sess.] Province Laws. — 1742-43. 23 

ponce per diem, to be paid out of the publick treasury by warrant 
according to the direction of the royal charter, upon certificate given 
by the secretai^^ of the number of days of such member's attendance 
and travel to and from the court ; twenty miles to'be accounted a day's 
travel. 

A7id be it further enacted^ 

[Sect. 2.] That each member of the house of represen[ia^^■]ves Repiesenta. 
serving the time aforesaid, shall be paid three shillings per diem upon tivos'pay. 
certificate given by the clerk of the house of represent [ait] ves of the 
number of days of such member's attendance' and travel to and from 
the court, twenty miles to be accounted a day's travel. 

And he it further enacted, 

[Sect. 3.1 That the wages of the captain of Castle William shall Wages of thp 
be after the rate of sixty pounds per annum, from the twenty -first of ue Wiiuam. 
May, one thousand seven' hundred and forty-two, to the twentieth of 
May, one thousand seven hundred and forty-three ; of the lieutenant 
for that term, thirty-five pounds fifteen shillings ; of the chaplain, thirty 
pounds ; of the gunner, fifty pounds ; of the gunner's mate, thirty -four 
shillings and threepence per month ; of two Serjeants, each twenty- 
three shillings per month ; of six quarter-gunners, each twent^'-three 
shillings per month ; of three corporals, each twenty-one shillings and 
ninepence per month ; of two di'ummers, each twenty-one shillings and 
ninepence per month ; of one armourer, thirtj'-four shillings and three- 
pence per month ; of forty centinels, each twent}' shillings per month : 
for their subsistence, six shillings and threepence per week per man. 

And he it further enacted, 

[Sect. 4.] That the wages of the captain of Richmond Fort, from Richmond Fort. 
May the twenty-first, one thousa/id seven and fort3'-two, to May tlie 
twentieth, one thousand seven hundred and forty-three, shall be at the 
rate of twenty shillings per month ; and of ten centinels, each ten 
shillings per month ; of one interpreter, thirty shillings per month ; of 
one armourer, thirty shillings per month ; and for the chaplain, twenty- 
five pounds per annum. 

And he it further enacted, 

[Sect. 5.] That the wages of the captain of the truck-house on Truck-house at 
George's River, from Ma}^ the twenty-first, one thousand seven hundred ^"orges River. 
and fort^'-two, to the twentieth of May, one thousand seven hundred 
and forty-three, shall be at the rate of twenty shillings per month ; of 
one lieutenant, thirteen shillings and sixpence per month ; of one Ser- 
jeant, thirteen shillings and sixpence per month ; of two corporals, 
each twelve shillings per month ; of thirteen centinels, each ten shil- 
lings per month ; of one armourer, thirty shillings per month ; of one 
interpreter, thirty shillings per month ; and to the chaplain there, 
twenty-five pounds per annum. 

And he it further enacted, 

[Sect. 6.] That the wages of the commanding officer of the fort at Brunswick 
Brunswick, from May the twenty-first, one thousand seven hundred and 
forty-two, to the twentieth of May, one thousand seven hundred and 
forty-three, shall be at the rate of thirteen shillings and sixpence per 
month ; of six centinels, each ten shillings per month. 

And he it further enacted hy the authority afores\_ai~\d, 

[Sect. 7.] That the wages of the captain of the truck-house above J^'"^;^-^""^^^. 
Northfield, from the twent^'-first of May, one thousand seven hundred held. 
and fortj'-two, to May the twentieth, one thousand seven hundred and 
forty -three, shall be at the rate of twenty shillings per month ; of one 
lieutenant, thirteen shillings and sixpence per month ; of one serjeant, 
thirteen shillings and sixpence per month ; of one corporal, twelve 
shillings per month ; of sixteen centinels, each ten shillings per month ; 



24 * Province Laws.— 1742-43. [Chap. 7.] 

of one interpreter, thirty shillings per month ; of the chaplain there, 
twenty-five pounds per year ; and that there be allowed for the subsist- 
[a][e]nce of each man, two shillings and sixpence per week. 
And be it further enacted, 
Truck-house at [Sect. 8.] That the wages of the captain of the truck-house at 
Saco River. gaco, from the twenty-first of May, one thousand seven hundred and 
fortj'-two, to the twentieth of May, one thousand seven hundred and 
forty-three, shall be at the rate of twenty shillings per month ; of one 
lieutenant, thirteen shillings and sixpence per month ; of one corporal, 
twelve shillings per month ; of thirteen centinels, each ten shillings per 
month ; of one armourer, thirty shill[m]gs per month ; of one interpre- 
ter, thirty shillings per month. 

And be it further enacted by the authority afores[^ai']d, 
Frederick Fort. [Sect. 9.] That the wages of the commanding officer of Frederick 
Fort, from the twenty-first of May, one thousand seven hundred and 
forty-two, to the twentieth of Maj^, one thousand seven hundred and 
forty-three, shall be at the rate of thirteen shillings and sixpence per 
month ; of six centinels, each ten shillings per month. 
And be it further enacted by the authority aforesaid, 
Country's sloop. [Sect. 10.] That the wages of the captain of the sloop in the 
country's service, from the twenty-first of Ma3% one thousand seven 
hundred and forty-two, to the twentieth day of Ma}-, one thousand 
seven hundred and forty-three, shall be at the rate of fifty shillings per 
month ; of the mate, thirty shillings per month ; of three sailors, 
twenty-five shillings each per month ; for the sloop, seven pounds ten 
shillings per month. 

And be it further enacted, 
Province snow. [Sect. 11.] That the wagcs of the captain of the province snow, 
from May the twentj'-first, one thousand seven hundred and forty-two, 
to the twentieth of May, oi\e thousand seven hundred and fortj^-three, 
shall be at the rate of five pounds per month ; the lieutenant, three 
ppunds ten shillings per month ; the master, three pounds per month ; 
the doctor, three pounds per month ; the chaplain, three pounds per 
month ; the gunner, fifty shillings per month ; the boatswain, forty-five 
shillings per month ; the mate, forty shillings per month ; the steward, 
thirt3^-five shillings per month ; the cook, thirty-five shillings per month ; 
the gunner's mate, thirtj^-five shillings per month ; the pilot, fifty shil- 
lings per month ; the boatswain's mate, thirty-five shillings per month ; 
the carpenter, fortj'-five shillings per month ; the cooper, thirtj^-five 
shillings per month ; the armourer, thirty-five shillings per month ; the 
coxswain, thirty-five shillings per month; two quartermasters, each 
thirt^^-five shillings per month ; the carpenter's mate, thirty-five shil- 
lings per month ; seventy sailors or foremast men, thirty shillings per 
month. 

And be it further enacted. 
Oath to be made [Sect. 12.] That before pa5'ment of any muster-roll be allowed, 
roll!''' °'*'^*^''' oath be made by the officer or person presenting such roll, that the 
officers and soldiers born on such roll have been in actual service for the 
whole time they stand entred thereon. 
And be it further enacted, 
Grants and [Sect. 13.] That the Several grants and wages made and estab- 

Tbl paw ouTlff Wished in this act shall be paid out of the fifteen thousand pounds 
the supply bill ordered to be emitted by the bill for the supply of the treasury now 
coiTrt! or equ^i! bcforc this court, out of the respective appropriations therein made for 
*'®°*- that purpose, or equivalent thereto in such monies as shall be raised 

and put into the treasury by the next act that shall be made for the 
supply of the same. [Passed July 1 ; published July 5. 



[1st Sess.] Province Laws. — 1742-43. 25 



CHAPTER 8. 

AN ACT . IN ADDITION TO THE SEVERAL ACTS OR LAWS OF THIS 
PROVINCE FOR THE SETTLEMENT AND SUPPORT OF MINISTERS. 

Whereas the professed members of the Church of England have Preamble, 
complained that they are unreasonably taxed for the support of divine 1692.3, chaps. 26 
worship in the manner established by the laws of this province, while i69o.6!'chap. 8. 
they and their families constantly attend the worship of God according ]i.^l< ^JjjJP- ^^^ 
to the usage and order of the Church of England, either within their nis'ie.'chap'.iT. 

4, chap. 14. 
9, chap. 4. 
2, chap. 11. 

5, chap. 6. 
8, chap. 6. 
41, chap. 6. 



own or some neighbouring town, parish or precinct, — jj.2g 

Be it enacted by the Governour, Council and House of Mepresenta- I'^^i 

tiveS, 1737 



[Sect. 1.] That the members of the Church of England and their ^'''^ 
estates shall be taxed to the support of the publick worship of God ^ttendfn|lTthe 
with the other estates and inhabitants within the bounds of anj^ town, church of Eng. 
parish or precinct, according to the laws of this province. And the their ownmF^s. 
treasurer of such town, parish or precinct, as he receiveth any such ^^^' 
tax, shall deliver the taxes collected of every profess [t] ['d] member 
of the Church of England unto the minister of the said church with 
whom he. usuall}^ and frequently attends the publick worship of God on 
the Lord's days, which minister shall have power to receive, and if need 
be to recover the same in the law, to support him in the place where- 
unto he is duly designed and sent ; and if b}' that means any defi- Deficiency pro- 
ciency happeneth in the salary of any minister setled by the laws of '^'^'^*^ ^°^' 
this province, such town, parish or precinct, within two months after 
such deficiency appeareth, shall make good the same : provided, never- Members of the 
theless, that all such professed members of the Church of England shall [^n^/excuLf"^' 
be feirilntirely excused from paying any taxes towardfsl the settle- fromch-arges 

i.-' r--' • • 4. u ^^J^ i.- 1 .Li towards the set. 

ment ol any minister or building any meeting-house pursuant and ac- tiement of min- 
cording to the direction and orders of the laws of this province, and ^^^^'^^» &c. 
utterl}' debarred from voting any ways concerning such ministers or 
meeting-houses. 

Provided, also, 

[Sect. 2.] That no person shall be exempted, or his tax paid over rroviso. 
to any minister of the Church of England, unless such minister and his 
church-wardens shall first certify to the treasurer of such town or 
parish where he lives that such person is a member of the Church of 
England, and usually and frequently attends the publick worship of 
God with them on the Lord's days as aforesaid. \_Fassed.,July 1. 



CHAPTER 9. 

AN ACT FOR HOLDING A COURT OF OYER AND TERMINER IN AND 
FOR THE ISLAND OF NANTUCKET. 

Whereas there now stands committed in his majesty's goal in the Preamble, 
island of Nantucket one Harry Jude, an Indian man, charged with the 
murther of Mercy Moab, an Indian woman, who ought, as the law now 
stands, to be tried by a special court of assize and general goal de- 
livery ; but forasmuch as the judges of the court of assize and gen- 
eral goal delivery cannot attend that service, the summer months being 
taken up with the several superio[M]r courts of judicature, courts of 
assize and [goal] general [goal'] delivery, as they are now established, 
4 



26 



Province Laws.— 1742-43. [Chaps. 10, 11.] 



Special court to 
be held at Nan- 
tucket for the 
trial of Harry 
Jude, &c. 



besides the great charge and trouble of the judges' repairing thither, and 
a court of 03er and terminer (noticed in the royal charter) have and can 
exercise the same jurisdiction and authority in all capital offences, — 

Be it therefore enacted by the Gover7io\^u']r, Council and House of 
Iiepresent[ati']ves, for the reasons above mentioned, and that speedy 
justice may be done, — 

That the inquiry, hearing and tr^-al of the said Harry Jude for 
the murther of the said Merc}^ Moab, and any other capital offences 
upon the said island of Nantucket already committed, ma}', with all 
convenient speed, be had at Nantucket aforesaid, by special commis- 
sioners of oyer and terminer, to be appointed by his excellency the 
governo[w]r, with the advice and consent of the council; any law, 
usage or custom to the contrary thereof notwithstanding. \_Passed 
July 1. 



CHAPTER 10. 

AN ACT FOR ALTERING THE TIME FOR HOLDING THE INFERIO[r]R 
COURT OF COMMON PLEAS IN THE COUNTY OF SUFFOLK, AND ALSO 
THE COURT OF GENERAL SESSIONS OF THE PEACE AND i:NrFERIOR 
COURT OF COMMON PLEAS IN THE COUNTY OF HAMPSHIRE. 



Preamble. Whereas by law the time appointed for holding the inferio[it]r court 

of common pleas for the county of Suffolk on the third Tuesday of 
March, annuall}^, and also the court of general sessions of the peace 
and inferio[rt]r court[s] of common pleas for the count}^ of Hampshire 
on the first Tuesda3-s of March and December, annually, is found on 
many accounts very inconvenient, — 

Be it therefore enacted by the Governour, Council and House of Rep- 
resentatives, 
Courts in Suf- • That the inferio[w]r court of common pleas held at Boston for the 
swre'^auerer^' couuty of Suffolk on the third Tuesday of March annually, shall be 
1740.41, chap. 13. hcnceforth held and kept at Boston aforesaid, on the first Tuesda}" of 
1699-1700, chap. April yearly, and also that the court of general sessions of the peace 
and inferio[?i]r court of common pleas holden at Northampton for the 
county of Hampshire on the first Tuesdays of March and December, 
annually, shall be henceforth held and kept at Northampton on the 
second Tuesdays of February and November yearly. [Passed July 1. 



2, §2. 



CHAPTEK 11. 

AN ACT TO PREVENT DAM [M] AGE BEING DONE UNTO BILLINGSGATE 
BAY IN THE TOWN OF EASTHAM, BY CATTLE AND HORSE-KIND AND 
SHEEP FEEDING ON THE BEACH AND ISLANDS ADJOINING THERETO. 



Preamble. Whereas many pcrsons frequently drive numbers of neat cattle, 

horse-kind and sheep to feed upon the beach and islands adjoining to 
Billingsgate Bay, whereb}'- the ground is much broken and damnified, 
and the sand blown into the bay, to the great dara[m]age not only of 
private pcrsons in their imployment of getting oysters, but also to the 
publick, by filling up said bay, which is often used by seamen in stress 
of weather, — 



[1st Sess.] Province Laws. — 1742-43. 27 

Be it therefore enacted by the (?^verno[_u\r, Council and House of 
Representatives^ 

[Sect. 1 .] That from and after the publication of this act, no pei-- Horses, cattle, 
son or persons shall presume to turn or drive any neat cattle, or horse- f "eVo'n j?iiirn *** 
kind, or sheep, to or upon the islands or beach l^'ing westerly of Bil- gate Beacii, &c.' 
lingsgate Bay and south of Griffin's Island (so called) in the town of 
Eastham, to feed thereon, upon the penalty of ten shillings a head for Peuaity. 
all neat cattle, and for every horse or mare, and two shillings and six- 
pence for each sheep that shall be turned or found feeding on said 
islands and beach which l[y][ie] south of Griffin's Island; which 
penalty shall be recovered by the selectmen or treasurer of the said 
town of Eastham, or any other person that shall inform and sue for the 
same, the one half of the said forfeiture to him or them who shall 
inform and sue for the same, the other half to be to and for the use of 
the poor of the said town. 

And he it further enacted, 

[Sect. 2.] That if any neat cattle, or horse-kind, or sheep, shall Cattietobe 
at any time hereafter be found feeding on the said islands and beach nimKeedlngoii 
south of Griffin's Island, that it shall and may be lawful for any person the beach, &c. 
to impound the same, immediatel}' giving notice to the owners, if 
known, otherwise to give publick notice thereof in the said town of 
Eastham and the two next adjoining towns ; and the impounder shall Rules referring 
relieve the said creatures with suitable meat and water while im- pounded'cattie. 
pounded ; and if the owner thereof appear, he shall pay the sum of 
two shillings and sixpence to the impounders for each neat beast and 
horse-kind, and eightpence for each sheep, and the reasonable cost of 
relieving them, besides the pound-keeper's fees. And if no owner 
appear within the space of six days to redeem the said cattle or horse- 
kind or sheep so impounded, and to pay the dam[m]ages and costs 
occasioned by impounding the same, then and in every such case, the 
person or persons impounding such cattle, or horse-kind, or sheep, shall 
cause the same to be sold at publick vendue, to pay the cost and 
charges arising about the same (publick notice of the time and place 
of such sale to be given in the said town of Eastham and in the town 
of Truro forty-eight hours beforehand) ; and the overplus, if any there 
be, arising by such sale, to be returned to the owner of such cattle, or 
horse-kind, or sheep at any time within twelve months next after, upon 
his demanding the same ; but if no owner appear within the said twelve 
months, then the said overplus shall be, one half to the party impound- 
ing, and the other half to the use of the poor of the said town of 
Eastham. 

And be it further enacted, 

[Sect. 3.] That the said town of Eastham, at their meeting in officers may bo 
March, annually, for the choice of town officers, be authorized and im- this* act °in"exe- 
pow[e]red to chuse one or more meet person or persons, whose duty it cution. 
[shall be*] to see [that*] this act be observed, and prosecute the 
breakers thereof, who shall be sworn to the faithful discharge of their 
office ; and in case any person so chosen shall refuse to be sworn, he 
shall forfeit and pay ten shillings to the poor of the said town of East- 
ham, and the said town of Eastham, at a town meeting warned for that 
purpose, may at any time before March next chuse such officers, who 
shall continue until their annual meeting in March next. 

[Sect. 4.] This act to continue and be in force for the space of five Limitation, 
years from the publication thereof, and no longer. [_Passed July 1 ; 
published July 5. 

* These words cut out from the parchment. 



28 



Province Laws.— 1742-43. [Chaps. 12, 13.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Eighteenth day of November, A. D. 1742. 



CHAPTEE 12. 



AN ACT TO PEE VENT INCUMBRANCES ABOUT THE DOORS OF THE 
COURT-HOUSE IN BOSTON. 



Penalty for en. 
cumbering the 
doors of the 
court-house. 



Preamble. Whereas the doors of the court-house in the town of Boston, are 

often incumbred by teams and other waj^s, so as very much to obstruct 
the members of the general court in their passage to and from the said 
house, — 

Be it therefore enacted by the Governour, Council and House of Repre- 
sent\^ati']ves, 

[Sect. 1.] That no person or persons whatsoever shall presume to 
incumber the said house by stopping, or suffering to stand, any coach, 
chaise, chair, team, cart, sled, truck or wheelbarrow, or by laying any 
lumber, stones, mud, dirt or other incumbrance whatsoever within the 
distance of twentj^-four feet from the west end, thirty feet from the 
bottom of the steps at the east end, and ten feet from either side of 
the said house, upon pain of forfeiting five shillings unto the door- 
keeper to the general court for the time being, and by him to be recov- 
ered before a justice of the peace. 

[Sect. 2.] And in case any person or persons offending in either 

warnVng^by The of the particulars before mentioned, after being thereto required by the 

doorkeeper. doorkecpcr, shall not forthwith remove any such incumbrance, he or 
they shall forfeit the sum of twenty shillings, to be recovered in like 
manner as aforesaid. 
Provided nevertheless. 

Proviso. [Sect. 3.] That this act shall not be construed so as to hinder any 

coach, chariot, chaise, or chair from standing within the limits aforesaid, 
which shall be used by the governour, lieutenant-governo[?*]r, or any 
of the members of the general court for the time being. \_Passed and 
^published January 6, 1742-43. 



Penalty for 
offending, after 



CHAPTER 13. 

AN ACT FOR PREVENTING UNNECESSARY EXPENSE IN THE ATTENDANCE 
OF PETIT JURORS ON THE SEVERAL COURTS OF JUSTICE WITHIN THIS 
PROVINCE. 



Preamble. 
1738-9, chap. 4. 



Whereas petit jurors are oftentimes detained at the tr[y][i]al and 
hearing of causes which are not committed to them by reason of the 
agreement of parties, abatement of the writ, or discontinuance ; whereby 



[3d Sess.] Province Laws. — 1742-43. " 29 

the plaintiff becomes nonsuit, and frequently (especially in the inferi- 
our court of common pleas) judgment is entred up against the defendant 
by default, whereby great part of the jury's time is taken up, without 
their being allowed any benefit by law, notwithstanding their being 
obliged to give their constant attendance during the time of the courts' 
sitting, until [1] all the actions depending there are finished ; where- 
fore, — 

Be it enacted by the Governotcr, Council and Hoicse of Repres\enta- 
ti^ves, 

[Sect. 1.] That petit jurors, in the court of general sessions of the The time of 
peace and inferio[ii]r court of common pleas to be held within and for the petTtturors"^ 
county of SuflTolk, shall not be obliged to give their attendance until [1] stat^'d. 
the second Tuesda}^ of said courts' sitting ; and at the said courts that 
are to be held within all other counties within this province, on the sec- 
ond day of the said courts' sitting ; to the end that the said courts maj' 
proceed upon and determine all pleas in bar and abatem[e?i]t of writ[i]s 
and all other matters and things that relate to such actions as are not 
committed to the jury ; so that their time and attendance be not un- 
necessarily taken up and delayed. And the clerks of the respective 
courts afores[ai]d are hereby ordered and directed, in making out writs 
of venire facias for the choice of petit jurors, to give directions accord- 
ingly. 

And he it farther enacted, 

[Sect. 2.] That no action be entred in any of the courts aforesaid N"o action to be 
after the first day of their sitting; and all pleas in bar of the action fi^sruay oTthe 
or abatem[en]t of the writ be either entred thereon or filed with the ^°^*"*®' ^^"i^S' 
clerk of the said court before the jury be [e][i]mpannf,led ; and if the 
defendant in any action suffer default and comes into court and moves 
for a re-entry of his action, after the jury be [e][i]mpanneled, on pa^'- 
ing the pla[ijntiff or his attorney such legal cost as shall then have arose, 
and half fees to the petit jury, to whom the same shall be ordered by 
said court, he shall be admitted to a re-entry of his action, and to all 
such privileges as by law he was [e] [i] ntitled to on his first entry. 
\_Passed January 15, 1742-43. 



CHAPTEK 14. 

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF TWELVE 
THOUSAND POUNDS, FOR DISCHARGING THE PUBLICK DEBTS, &c., AND 
FOR DRAWING IN THE SAID BILLS INTO THE TREASURY AGAIN, AND 
FOR STATING THEIR VALUE IN DISCHARGING OF PUBLICK AND PRI- 
VATE DEBTS. 

"He it enacted by the Governour, Council .and House of Representa- 
tives, 

[Sect. 1.] That there be forthwith imprinted a certain number of £12,000, in bills 
bills of credit of this province of the same tenor and form with the bills emitted. ' 
emitted by this court at their sessions in November, one thousand seven 
hundred and forty-one, and at their sessions in May last, and to be 
always valued and taken in all publick payments as the aforesaid bills 
of the same form and tenor already extant, are or shall be valued and 
taken, which in the whole c^^U amount to the sum of twelve thousand 
pounds and no more ; the said ^ ills to be signed by such committee as 
shall be chosen by this court for that purpose; and the said committee are 



30 



Province Laws.— 1742-43. [Chap. 14.] 



Appropriations 
of this emission. 



£4,000 for wages 
of officers, sol- 
diers, and sea- 
men, and the 
treasurer's dis- 
bursements. 



£1,100 for re. 
pairs, &c., at 
Castle William. 



£4,500 for 
grants, &c. 



£1,600 for debts 
where there is 
no establish- 
ment. 



£800 for the 
representatives. 



Surplusage to 
lie In the treas- 
ury. 



Warrants to ex- 
press the appro- 
priations. 



hereby directed and impowered to take care and make effectual provision, 
so soon as may be, to imprint the said bills, and to sign and deliver the 
same to the treasurer, taking his receipt for the same ; and the said 
committee shall be under oath for the faithful [1] performance of the 
trust by this act reposed in them. 

And he it further enacted, 

[Sect. 2.] That the treasurer be and hereby is impowered to issue 
forth and emit the said sum of twelve thousand pounds for the nec- 
essary support and defence of the government, and the protection 
and preservation of the inhabitants thereof; viz"^'^., the sum of four 
thousand pounds, pnrt of the aforesaid sum of twelve thousand 
pounds, shall be applied for the payment of the wages that now are 
or that hereafter may be due by virtue of the establishment of Castle 
William, Richmond Fort, George's Truck-house, Saco Truck-house, 
Brunswick Fort, the block-house above Northlield, the sloop in the 
countr3^'s service, and the province snow, and the treasurer's usual 
disbursements ; and the sum of eleven hundred pounds, part of the 
aforesaid sum of twelve thousand pounds, shall be appl[y][i]ed 
towards the compleating the repairs and works begun and carried on 
at Castle William, pursuant to such grants as or shall be made by this, 
court ; and the sum of four thousand five hundred pounds, part of the 
aforesaid sum of twelve thousand pounds, shall be applied for the pay- 
ment of such other grants as are or shall be made by this court, and 
for the payment of stipends, bount[y][/e]s and premiums established 
by law, and for the payment of all other matters and things which this 
court have or shall either by law or orders provide for the payment of, 
out of the publick treasury', and for no other purpose whatsoever : the 
sum of sixteen hundred pounds, part of the aforesaid sum of twelve 
thousand pounds, shall be applied for the discharge of other debts 
owing from this province to persons who have served or shall serve 
them by order of this court in such matters and things where there is 
no establishment, nor any certain sum assigned for such service ; and 
for paper, printing and writing for this court, the expences of commit- 
tees of council, or of the house, or of both houses, entertainment of 
Indians and presents made them by this court, the surgeon of Castle 
William, and wooding of said castle; and the sum of eight hundred 
pounds, the remaining part of the aforesaid sum of twelve thousand 
pounds, shall be applied for the pa3'ment of the members of the house 
of representatives serving in the general court, during their several 
sessions this present year and until November next. 

And be it enacted, 

[Sect. 3.] That if there be a surplusage in any sum appropriated, 
such surplusage shall l[y][i]e in the treasuiy for the further order of 
this court. 

Ayid be it further enacted, 

[Sect. 4.] That each and ever}'^ warrant for drawing money out of 
the treasury shall direct the treasurer to take the same out of such sums 
as are respectively appropriated for the payment of such publick debts 
as the draughts are made to discharge ; and the treasurer is hereby 
directed and ordered to pay such money out of such appropriations 
as directed to, and no other, upon pain of refunding all such sum 
or sums as he shall otherwise pa}', and to keep exact and distinct 
acco[un][mp]ts of all payments made out of such appropriated sums ; 
and that the secretary to whom it belongs to keep the muster rolls and 
accompts of charge, shall lay before the house, when they direct, all 
such muster rolls and accompts after payment thereof. 

And as a fund and security for drawing the said sum of twelve thou- 
sand pounds into the treasury again, — 



[3d Sess.] Province Laws.— 1742-43. 31 

Be it further enacted, 

PSect. 5."1 That there be and hereby is granted unto his most excel- £7,50otobe 

<-J n ■ 1 , n ^1 1 brouent in, in 

lent majesty, for the ends and uses aforesaid, a tax of seven thousand the year ma. 
five hundred pounds, to be levied on polls, and estates both real and 
personal, witliin this province, according to such rules and in such pro- 
portions on the several towns and districts within the same, as shall be 
agreed upon and ordered by this court at their session in May, one 
thousand seven hundred and forty-three, and paid into the publick 
treasury on or before tlie last day of December then next after. 

And as a further fund and security for drawing the remaining part of 
the said sum of twelve thousand pounds into the treasury again, — 

Be it further enacted, 

[Sect. 6.] That there be and hereby is granted unto his most excel- £3,50o in 1744. 
lent majesty, for the ends and uses aforesaid, a tax of three thousand 
five hundred pounds, to be levied on polls, and estates both real and 
personal, within this province, according to such rules and in such pro- 
portions on the several towns and districts within the same, as shall be 
agreed upon and ordered by the great and general court or assembly at 
their session in May, one thousand seven hundred and forty-four, and 
paid into the publick treasury again on or before the last day of Decem- 
ber then next after. 

And as a fund and security for drawing in such sum or sums as shall 
be paid out to the representatives of the several towns, — 

Be it enacted, 

TSect. 7.1 That there be and hereby is granted unto his most excel- Tax to be made 

. L .,-• „ t 1111 '-liii 1 for what is paid 

lent majesty, a tax of such sum or sums as shall be paid to the several to the represent- 
representatives as aforesaid, to be levied and assessed on the polls and ^**^^'- 
estates of the inhabitants of the several towns, according to what their 
respective representatives shall so receive ; which sums shall be set on 
the said towns in the next province tax. And the assessors of the said 
towns shall make their assessment for this tax, and apportion the same 
according to the rule that shall be prescribed by act of the general 
assembly for assessing the next province tax, and the constables, in 
their respective districts, shall pay in the same when they pay in the 
province tax for the next year, of which the treasurer is hereby directed 
to keep a distinct and separate account ; and if there be any surplus- 
age, the same shall l[y][i]e in the hands of the treasurer for the 
further order of this court. 

And be it further enacted, 

[Sect. 8.] That in case the general court shall not at their respect- ^^^J°''j,e'j.^g^,y 
ive sessions in May, one thousand seven hundred and fortj'-three, and emitted, to be 
one thousand seven hundred and forty-four, agree and conclude upon an "'"^h'e p'"re°c'ifdrtfg 
act apportioning the several sums which by this act is engaged shall be, tax act, in case. 
in each of these several years, apportioned, assessed and levied, that 
then and in such case each town and district within this province, sbAll 
pay (by a tax to be levied on the polls, and estates both real and per- 
sonal, within their districts) the same part and proportion of the said 
sums as the said towns and districts shall hare been taxed by the gen- 
eral court in the tax act then next preceding ; and the province treas- 
urer is hereby fully irapowered and directed some time in the month of 
June in each of these years, one thousand seven hundred and fortj^- 
three, and one thousand seven hundred and forty-four, to issue and send 
forth his warrants, directed to the selectmen or assessors of each town 
and district within this province, in manner as aforementioned in this 
act, requiring them to assess the polls, and estates both real and per- 
sonal, within their respective towns [or] {and'\ districts, for their 
respective part and proportion of the several sums before directed and 
engaged to be assessed by this act ; and tBe assessors, as also persons 



32 



Peovince Laws. — 1742-43. [Chap. 14.] 



Taxes to be 
paid in the 
several species 
herein enumer- 
ated. 



How the com- 
modities 
brought into the 
treasury are to 
be rated. 



Treasurer to sell 
the said com- 
modities. 



Rule for paying 
private debts. 



assessed, shall observe, be governed by and subject to all such rules and 
dh'ections as shall have been given in the said next preceding tax act. 

And be it further enacted, 

[Sect. 9.] That the inhabitants of this province shall have liberty, 
if they see fit, to pay the several sums for which they respectively may, 
in pursuance of this act, be assessed, in bills of credit of the form and 
tenor by this act emitted, or in bills of the middle tenor, according to 
their several denominations, or in bills of the old tenor, accounting four 
for one ; or in coined silver, at six shillings and eightpen-ce.per ounce, 
troy weight, and of sterling alloy, or in gold coin, proportionably ; or 
in merchantable hemp, flax, winter and Isle-of-Sable codfish, refined bar- 
iron, bloomery-iron, hallow iron-ware, Indian corn, rj'e, wheat, barley, 
pork, beef, duck or canvas, whalebone, cordage, train oyl, beeswax, 
baberry-wax, tallow, pease, sheepswool, or tann'[e]d sole-leather (the 
aforesaid commodities being of the produce or manufactures of this 
province) , at such moderate rates and prices as the respective general 
assembl[y][t'e]9 of the years one thousand seven hundred and forty- 
three, and one thousand seven hundred and forty-four, shall set them 
at ; the several persons paying their taxes in any of the commodities 
aforementioned, to run the risque and pay- the charge of transporting 
the said commodities to the province treasury ; but if the aforesaid 
general assembl[y][^e]s shall not, at their respective sessions in May, 
some time before the twentieth day of June, agree upon and set the 
aforesaid species or commodities at some certain prices, that then 
the eldest councello[u]r, for the time being, of each of those coun- 
t[y][ie]s in the province, of which any one of the council is an inhab- 
itant, together with the province treasurer, or the major part of them, 
be a committee, who hereby are directed and fully authorized and 
impowered to do it ; and in their setting of the prices and rating the 
value of those commodities, to state so much of them, respectively, at 
six shillings and eightpence as an ounce of silver will purchase at that 
time in the town of Boston, and so pro rata. And the treasurer is 
hereby directed to insert in the several warrants by him sent to the col- 
lectors of the taxes in those years,respectively, with the names of the 
afore-recited commodities, the several prices or rates which shall be 
set on them, either by the general assembly or the committee aforesaid, 
and direct the aforesaid collectors to receive them so. 

[Sect. 10.] And the aforesaid commodities so brought into the 
treasury, shall, as soon as conveniently may be, be disposed of by the 
treasurer to the best advantage for so much as it will fetch in bills of 
credit hereby to be emitted, or for silver or gold, which silver and gold 
shall be delivered to the possessor of said bills in exchange for them ; 
that is to say, one ounce of silver coin, and so gold in proportion, for 
six shillings and eightpence, and pro rata for a greater or less sum; 
and if any loss shall happen by the sale of the aforesaid species, or by 
any unforeseen accident, such deficiency shall be made good by a tax 
of the year next following, so as full}' and effectually to call in the 
whole sum of twelve thousand pounds in said bills hereb}' ordered to be 
emitted ; and if there be a surplusage it shall remain a stock in the 
treasury. 

And be it further enacted, 

[Sect. U.] That any debt contracted before the thirty-first day of 
October, one thousand seven hundred and forty-one, which might have 
been paid and discharged in and by province bills of the old tenor, and 
also any debt contracted between the said thirty-first day of October 
and the first day of April.last (where the contracting part[y][ie]s have 
not expresly otherwise agreed) may be discharged by the bills by this 
act to be emitted, in proportion as one to four ; that is to say, that a 



[3d Sess.] Province Laws.— 1742-43. 33 

debt of twenty-six shillings and eightpence, dischargeable or contracted 
as aforesaid, may be discharged b}' six shillings and eightpence in bills 
by this act to be emitted, or by one ounce of silver, and so in propor- 
tion for a greater or less sum. [^Passed Jaimary 12; lyuhlisked Jan- 
uary 17, 1742-43. ' 



CHAPTER 15. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF EIGHT THOUSAND 
POUNDS IN BILLS OF THE TENOR AND FORM LAST EMITTED. 

Whereas the general court or assembly of the province of the Mas- Preamble, 
sachusetts Ba}'' have in their present sessions ordered the province 
treasurer, impost officer, the several constables and collectors in all 
publick paj'ments, to receive twenty shillings in bills of the first new 
tenor in discharge of twenty shillings tax or duty in bills of the form 
and tenor last emitted by the said court, and so in proportion for a 
greater or less sum, and hereby a deficienc}" is occasioned in the funds 
for drawing in the publick bills of credit. Wherefore, to preserve and 
maintain the credit of the bills of this province, and effectually to draw 
in such sum or sums as may be deficient as aforesaid, we, his majesty's 
most loyal and dutiful subjects, the representatives of the province of 
the Massachusetts Bay, pray that it maj'' be enacted. 

And he it accordingly enacted by the Governour, Council and House of 
Representatives, 

[Sect. 1.] That there be and hereby is granted unto his most excel- £8,000 to be 
lent majesty for the ends aforesaid, and for no other purpose whatso- jcTe'cemberTnie. 
ever, a tax of eight thousand pounds to be levied on polls, and estates 
both real and personal, within this province, according to such rules and 
in such proportion on the several towns and districts within the same, 
as shall be agreed on and ordered by this court at their sessions in 
May, one thousand seven hundred and forty-six, to be paid into the 
publick treasury on or before the last day of December next after. 

And be it further enacted, 

[Sect. 2.] That in case the general court shall not, at their session To be levied by 
in Ma}', one thousand seven hundred and forty-six, agree and conclude "'^ *^ '^'^'^^ ' 
upon an act apportioning the sum of eight thousand pounds, which by 
this act is engaged shall be in said j'car apportioned, assessed, and 
lev[y][/]ed, that each town and district within this province, shall pay, 
b}' a tax to be lev[y][i]ed on the polls, and estates real and personal, 
within their respective districts, the same part and proportion of said 
sum as the said towns or districts shall have been taxed by the general 
court in the tax act then next prece[e]ding ; and the province treasurer Warrants to 
is hereby fully impowered and required, some time in the month of June, ju^g. 
in the year one thousand seven hundred and fort5'-six, to issue [_out^ and 
send forth his warrants, directed to the selectmen or assessors of each 
town and district within this province, requuing them to assess the 
polls, and estates real and personal, within their respective towns and 
districts, for their respective part and proportion of the said sum of 
eight thousand pounds, as before directed by this act ; and the assessors 
and all persons assessed, shall observe, be governed by, and subject to 
all such rules and directions as shall have been given in the said next 
preceeding tax act. ^Passed January 15; published January 17, 
1742-43. 



M 



Province Laws.— 1742-43. [Chap. 16.] 



CHAPTER 16. 



AN ACT FOE. MAKING MORE EFFECTUAL AN ACT [E][7]NTITLED, "AN 
ACT FOR REGULATING THE MILITIA." * 



Preamble. 
1693-94, chap 3. 



Clerks may 
distrain or sue 
for fines. 



Shall keep fair 
accounts. 



Purchase 
drums, &c., by 
the captain's 
order. 



Account to the 
captain, &c., 
in March an- 
nually ; — 



and render the 
overplus to the 
town treas- 
urer; — 



and be sworn 

to faithfulness 
in bis oflice. 



Succeeding 
clerk to recover 
what is not 
accounted for. 



Whereas the several penalties set or ordered to be imposed by the 
said act [e][?']ntitled, "An Act for regulating the militia," made and 
pass[e]d in the fifth 3'ear of the reign of King William and Queen 
Mary, do not answer the good design proposed in said act ; for remed}'' 
whereof, — 

Be it enacted by the Governour, Council and Souse of Bepresent- 
[^atQves, 

[Sect. 1.] That the clerk of each respective [troop or] company 
may, ex officio, distrain for any fine or penalt}^, for breach of any of the 
clauses or paragraphs in the aforesaid act, for breach of which he might 
have distrained by force of said act, or may recover the same b}' action 
of debt before a justice of the peace, or any court of record proper to 
try the same ; all the said forfeitures to be applied to the uses mentioned 
in said act. 

And for preventing the misapplication of the money to be levied and 
collected for breach of said act, — 

Be it further enacted, 

[Sect. 2.] Tliat the clerk of each troop or companj'^ shall make and 
fairly enter in a book, to be kept for that purpose, a particular account 
of the several fines and forfeitures collected and recovered as aforesaid ; 
and of the mon[e3']rie]s so collected, he shall lay out and improve so 
much as shall be necessar}^ (his own fees, as by law established, being 
first deducted) for purchasing of drums, colours, halberds, and other 
necessaries for the use of the troop or company whereunto he belongs, 
as from time to time he shall receive orders from the captain or chief 
officer, in writing, under his hand ; and every such clerk shall likewise 
make a fair entry of his several disbursem[(?n]ts of the money by him 
collected, setting forth the use to which the same has been applied, and, 
some time in the month of March, yearly, if required, deliver to the 
captain, and to such others as are or may be concerned in ordering the 
disposition of any part of the mon[ey][/e]s so collected, an attested 
copy of such account of his receipts and disbursem[e??.]ts, and shall 
receive, for his trouble therein (to be paid out of the fines), such recom- 
pcnce as the commission officers of such company shall judge reasona- 
ble ; and the overplus, if any be, on ballance of such account shall, in 
the month of March, annually, render to the treasurer of the town where 
such company is, to be improved for the purchasing of arms, powder, 
bullets, and such other ammunition for a town stock, as by said act is 
required ; and every military clerk shall be under oath, to be admin- 
istred to him by a justice of the peace for the same county, for the 
faithful[l] discharge of his duty and trust in every of the particulars 
before mentioned ; and upon conviction, before the court of general 
sessions of the peace (upon complaint made) , of neglect therein, shall 
forfeit and pay the sum of five pounds, to be laid out and improved for 
the purposes aforesaid. 

And be it further enacted, 

[Sect. 3.] That upon the death or removal of any military clerk, 
his successor in the said office shall have power, and is hereby author- 
ized to demand, sue for, and recover of such clerk, if living, and of the 
executors or administrators of an}^ clerk deceased, such sum or sums of 
money, collected as aforesaid, as remained in his hands at the time of 



[3d Sess.] PROvmcE Laws. — 1742-43. 35 

his death or removal, and not applied to the use of such company, 
according to the directions of the law. 

And be it further enacted^ 

[Sect. 4.] That when any servant, apprentice or other person. Masters and 
under the age of twenty-one years, liable by law to train, and, havins; parents shaii 

~ c/»/' <j ' ~ & answer the nncs 

been duly warned (not less than four day's notice beforehand to be of minors. 
accounted sufficient, unless in case of an alarm or other extraordinary 
occasion) , shall not attend on military exercises on training da3'S, or on 
militar}' watches, the master, parent or other person who hath tlae im- 
mediate care and governm[e?i]t of such delinquent, shall be answerable 
for such neglect, and be obliged to satisfy and pay the fine by law 
imposed for such delinquency, and shall be liable to a suit for the same, 
as above provided. 

And be it further enacted, 

[Sect. 5.] That every person listed and orderly admitted into any How soldiers ©f 
company, shall so continue and attend his duty there, unless such per- may'iXdi'a"^ 
son, by name, be dismiss'd, by writing, under the hand of the chief missed. 
officer of the company or regiment to which he belongs, or of the 
captain-general or commander-in-chief of the province, or be removed 
out of the town or precinct, on pain of incurring, for each offence or 
neglect, the penalty by law already provided in case of non-appearance 
on training days. 

[Sect. 6.] This act to continue and be in force for the term of seven Limitation. 
3-ears from the publication thereof, and no longer. [_Passed January 
15 ; published January 17, 1742-43. 



CHAPTER 17. 

AN ACT TO PREVENT THlfe SPREADING OF THE SMALL-POX AND OTHER 
INFECTIOUS SICKNESS, AND TO PREVENT THE CONCEALING OF THE 
SAME. 

Whereas the inhabitants of sundry towns in this province are often Preamble, 
exposed to the infection of the small-pox and other malignant, con- 1^39.40, chap. 1. 
tagious distempers, by persons coming from the neighbouring govern- 
ments visited with such infectious sickness, and by goods transported • 
hither that carry infection with them, — 

Be it therefore enacted by the Governour, Council and House of Repre- 
sent[cLti']ves, 

[Sect. 1.] That any person or persons, coming from any place, in within two 
either of the neighbouring colonies or provinces, where the small-pox or notice of t?cfr 
other malignant, infectious distemper is prevailing, into any town within coniiyg, on pain 
this province, who shall not, within the space of two hours from their ° 
first coming, or from the time they shall first be informed of their duty 
by law in this particular, give notice to one or more of the selectmen or 
town clerk of such town, of their coming thither, and of the place from 
whence they came, shall forfeit and pay the sum of twenty pounds ; 
and if any person or persons, coming into any town of this province '''° ^I^p^^J!* ^" 
from any such place visited with the small-pox or other infections sick- plhio'f£2'o. 
ness, shall not, within the space of two hours (after warning given him 
or them for that purpose by the selectmen of such town), depart out of 
this province, in such case it shall and may be lawful [1] for any justice 
of the peace of such county, by warrant, directed to a constable or other 
proper officer, to cause such person or persons to be removed, with an}'' 
their goods that may probabl}^ give infection, unto the colon}^ or 



36 



Province Laws.— 1742-43. [Chap. 17.] 



Ho that enter- 
tains him shall 
forfeit £20. 



Persons to be 
appointed to 
examine trav- 
ellers, &c., and 
stay them from 
travelling, on 
pain of £20. 



Use of the fines. 



A pole and red 
cloth to be hung 
out of an Infect- 
ed house, on 
pain of £50. 



To inform the 
selectmen of 
symptoms, on 
penalty of £50. 



government from whence the}^ came ; and any person removed by war- 
rant as aforesaid, who, during the prevalency of such distemper, shall 
presume to return into any town of this province without liberty lirst 
obtained from such justice, or from the selectmen of such town, shall 
forfeit and pay the sum of one hundred pounds. 

And be it further enacted, 

[Sect. 2.] That any inhabitant of this province who shall enter- 
t[a]in in his house aii}^ person warned to depart as aforesaid, b}^ the 
space of two hours after notice given him or her by one or more of the 
selectmen, of such warning, shall forfeit and pay the sum of twenty 
pounds. 

And he it further enacted^, 

[Sect. 3.] That it shall and may be lawful[l] for the selectmen of 
any town or towns near to or bordering on either of the neighl)ouring 
governments, to appoint, by writing, under their hands, some meet 
person or persons to attend at ferries or other places by or over which 
passengers and travellers, coming from such infected places, may pass 
or be transported ; which person or persons so appointed, shall have 
power to examine such passengers and travellers as they may suspect 
to bring infection with them, and, if need be, to hinder and restrain 
them from travelling, 'till licen[s][c]ed thereto by a justice of the peace 
within such county, or by the selectmen of the town into which such 
person or persons shall come ; and any passenger who, coming from 
such infected place, shall, without licence as aforesaid, presume to 
travel or abide in this province after they shall have been cautioned and 
admonished, by the person or persons appointed as aforesaid, to depart, 
shall forfeit and pay the sum of twenty pounds, and be removed thence 
by warrant as aforesaid. 

[Sect. 4.] The several forfeitures arising by virtue of this act, to 
be, one moiety to and for the use of the town where the offence shall be 
committed, the other moiety to him or them who shall inform and sue 
for the same in any of his majesty's courts of record within this 
province. 

And he it further enacted, 

[Sect. 5.] That from and after the publication of this act, when 
an}^ person is visited with the small-pox in any town of this province, 
immediateh', upon knowledge thereof, the head of the family in which 
such person is sick, shall acquaint the selectmen of the town therewith, 
and also hang out, on a pole at least six feet in length, a red cloth not 
under one yard long and half a j-ard wide, from the most publick part 
of the infected house, the said sign thus to continue 'till the house, in 
the judgm[e7i]t of the selectmen, is thoroughly aired and cleansed, upon 
penalty of forfeiting and paying the sum of fifty pounds for each offence, 
one half for the informer, and the other half for the use of the poor of 
the town where such offence shall be committed, to be sued for and 
recovered by the treasurer of the town, or the informer, by action, bill, 
plaint or information, in any of his majesty's courts of record ; and if 
the part}^ be unable, or refuses to pay such fine, then to be punished by 
whipping, not exceeding thirty stripes. 

And he it further enacted, 

[Sect. 6.] That when the small-pox is in any town of this prov- 
ince, and any person in said town (not having had the same) shall then 
be taken sick, and an}- pestulous eruptions appear, the head of that 
famih' wherein such person is, shall immediately acquaint one or more 
of the selectmen of the town therewith, that so the said selectmen may 
give directions therein, upon penalty of forfeiting the sum of fifty 
pounds, to be recovered and applied for the uses aforesaid, the whole 
charge to be born by the person thus visited, if able to defr[a][e]y the 



[3d Sess.] Peovince Laavs.— 1742-43. 37 

same; but if, in the judgm[e?i]t of the selectmen of the town, such 
person is indigent and unable, then the said charge to be born by the 
town whereto he or she belongs. 

Provided^ always^ — 

[Sect. 7.] That this act shall not be understood to extend to per- 
sons in any town where more than twenty families are known to be 
visited with the small-pox at one and the same time. 

[Sect. 8.] This act to continue and be in force for the space of seven Limitation, 
years, and no longer. \_Passed January 15; published January 17, 
1742-43. 



CHAPTEE 18. 

AN ACT IN ADDITION TO THE SEVERAL LAWS OF THIS PROVINCE RE- 
LATING TO THE SUPPORT OF POOR AND INDIGENT PERSONS. 

Whereas it has sometimes so happened, and may hereafter happen. Preamble, 
that persons that are poor and unable to support themselves, have and i692-93,chap.28, 
may greatly suffer by reason of the neglect of the selectmen or over- i699.itoo. ch. 8. 
seers of the poor of the town which, by law, is chargeable with their iJioii' chap''2o" 
support, by reason of doubts and disputes touching what town or per- 
sons are, b^- law, liable to be at charge for their support, or on supposi- 
tion or pretence that the condition and circumstances of such poor 
persons are not so necessitous as to require rel[ei][«e]f from the town, 
or to render them a proper town charge ; for remedy whereof for the 
future, — 

Be it enacted by the Governotir, Council and House of Represent- 
{ati']ves, 

[Sect. 1.] That every such doubt, controversy or dispute, as afore- The justices to 
mentioned, shall be determined by the justices of the court of general are'the'pooT of 
sessions of the peace, in the county to which such poor person doth ^ *°"^'^- 
belong ; and the said justices are hereby fully authorized and impowered 
fully to determine the same, upon application to them made for that 
purpose. 

And be it furtlier enacted, 

[Sect. 2.] That in case the selectmen or overseers of the poor in The overseers 
any town, where there are such chosen and specially appointed for that ghalrconform, 
purpose, shall refuse or neglect to take the care of, and afford the o" penalty of 
necessary rel[ei][ie]f to any poor and indigent person or persons that 
shall have been deemed and adjudged (bj'^ the justices in sessions) to 
stand in need of such rel[ei][ie]f, and to be the proper charge of the 
town to which such selectmen or overseers do belong, every such delin- 
quent selectman or overseer shall, on each conviction, before the justices 
of the court aforesaid, of such refusal or neglect, be by them amerced 
in a sum not exceeding forty shillings, at the discretion of the court, 
regard being had to the circumstances extenuating or aggravating the 
offence ; such sum to be levied by distress and sale of such offenders' 
goods, and to be applied for the support of the poor of the town where 
such delinquent selectmen or overseers dwell. 

And be it further enacted, 

[Sect. 3.1 That when any town shall refuse or neglect to de- The justices 

/•r-Ti-T IT 1 /. . ,i,iTi • 1 may assess the 

fr[aj[ejy the charges heretofore arisen, or that shall arise and accrue town, on their 
for the support of such indigent person or persons as ought to be sup- neglect. 
ported at such town's proper charge ; in such case the said justices are 
hereb}^ impowered to assess the inhabitants of such town therefor, and 
to cause the same to be added to such town's proportion of the county 



38 



PeovixXCe Laws.— 1742-43. [Chap. 19.] 



Such as have 
been at charge 
shall be rofuiid. 
ed by the town. 



Limitation, 



tax, and therewith to be collected and paid into the count}- treasury, 
and to be disposed of, b}- order of said justices, for defr[a][c]ying the 
charges incurred for the support of such indigent person or persons as 
aforementioned. 

And be it farther enacted, 

[Sect. 4.] That whosoever hath been, or hereafter shall be at charge 
for the rel[ci][«e]f of such necessitous and indigent person or persons, 
who ought to be rel[ei][ie]ved and supported b}' the town or tovrns 
to which they respectively belong, during the time or part of the time 
that the selectmen or overseers of the poor have or shall neglect their 
duty in that behalf, the person or persons that have been or shall be at 
charge for their rel[ei][fe]f shall be refunded by such town or towns by 
order of the justices as afores[aj]d, and the same shall be assessed 
and collected in manner as before-mentioned. 

[Sect. 5.] This act to continue and be in force for the term of three 
years, and no longer. [_Passed January 15 ; published January 17, 
1742-43. 



CHAPTER 19. 



AN ACT TO PREVENT UNNECESSAE,Y LAWSUITS. 



rrearable. 
1734-35, chap. 4. 
7 Mass. 143. 



The defendant 
on single con- 
tract may give 
his account in 
evidence to bal- 
ance the demand 
and prove it, as 
the plaintiff 
may his. 



And shall there- 
fore file his 
account before- 
hand. 



Whereas it frequentl}^ happens in controversies upon book-debts or 
single contracts, that when the action comes upon trial the defendant 
pleads and urges paj-ment, and, as an evidence, produces his ac- 
co[un][7nj)]t ; and whereas the common practice is to give judg- 
m[en]t without admitting any account in favour of the defendant, 
whereb}^ he is necessitated to bring forw-ard a suit himself, which occa- 
sions a further cost, and sometimes exposeth him to the loss of his 
debt, by reason of the original plaintiff's poverty or absconding, — 

Be it therefore enacted by the Governour, Council and House of Repre- 
sentatives in General Court assembled, 

[Sect. 1.] That when and so often as any person is or shall be 
served with an original process in any action or plea, either of debt or 
of the case, for an}' sum of money due upon single cpntract between 
the parties for any goods sold or service done, due by account, whether 
such account be open or a ballance thereof be made and sign'd by the 
parties, to appear before any justice of the peace or inferio[i<.]r court 
of common pleas, before whom such case is cognizable, he shall be 
allowed by the court either to plead specially, or upon the general 
issue give his account in evidence by way of ballance to the plaintiff's 
demand, and be admitted to all such method and course of proving his 
account as any plaintiff upon his suit might ; and the court or justice 
before whom such trial shall be, are hereby directed and impowered to 
compare and ballance the accounts of plaintiff and defendant, and to 
give judgm[e?i]t for so much only as shall appear upon such ballance 
due to the plaintiff; and if nothing appear due to the plaintiff on such 
ballance, to give judgment for costs to the defendant. 

And to the intent the plaintiff may have sutlicient opportunity to 
examine and make all just objections to the defendant's account, — 

Be it further enacted,, 

[Sect. 2.] That no defendant shall be admitted to produce or give 
his account in evidence upon any suit or trial as above, in a cause 
triable before a justice of the peace, unless he shall have left a copy of 
such account four days at least before the day of trial with the justice 
before whom the same is to be tried ; and if the cause be before the 



[3d Sess.] Province Laws.— 1742-43. 39 

iiiferio[«t]r court of common pleas, then a copj- of liis account as above 
shall be left with the clerk of the court at least seven days before the 
day of the court's sitting ; and the justice of the peace and clerk of 
the court, respectively, are hereby directed and required, at the desire 
of the plaintiff or his attorney, to grant a copy of such account. 

[Sect. 3.] This act to continue and be in force for the space of Limitation, 
seven years from the publication thereof, and from thence to the end of 
the next session of the gen [era] 1 court, and no longer. \_Passed Jan- 
uary 15 ; published January 17, 1742-43. 



CHAPTER 20. 



AN ACT IN ADDITION TO THE SEVERAL ACTS FOR REGULATING THE 
ASSIZE OF CASKS, AND PREVENTING DECEIT IN THE PACKING OF 
FISH, BEEF AND PORK FOR SALE. 

Whebeas it is required in and by the several acts for regulating the rreambie. 
assize of cask, and preventing deceit in the packing of fish, beef and i'42.43, chap. 4. 
pork for sale, that the cask used for packing provisions should be made 
free of sap ; which may occasion some difficulty to the packers, who 
may apprehend themselves obliged to refuse some cask which may be 
every way sufficient, tho' not exactly conformable to the words of the 
law as it now stands, — 

Be it therefore enacted by the Governour, Council and House of 
Representatives^ 

[Sect. 1.] That from and a^ter the publication of this act, the The packers to 
packers of fish, beef and pork be and hereby are allowed to pass as '^ ^^ '^^^ ' 
merchantable and according to law any cask used in packing the com- 
modities aforesaid which they in their best judgment shall think suffi- 
cient to hold pickle without danger of leaking, altho' the staves of 
which the said cask are made may not be intirely free from sap. 

And as the allowance by law to the packers is found insufficient, — 

Be it further enacted^ 

[Sect. 2.] That for packing or repacking and pickling each bar- Allowed i2(i. 
rel[l] of pork, beef or fish, the packer shall be allowed twelvepence, °^^'^' 
and in proportion for greater or less cask, except where the buyer and 
seller shall agree that the pork, beef or fish shall not be pickled (as not 
being for exportation) in which case the allowance shall be ninepence 
only, and the packer shall be paid by the person selling the commodi- 
ties aforesaid. 

[Sect. 3.] This act to continue and be in force until[l] the fifth Limitation. 
day of Jul}^, one thousand seven hundred and fortj'-five, and no longer. 
[^Passed January 15 ; published January 17, 1742-43. 



CHAPTER 21. 



AN ACT TO ENABLE THE PROPRIETORS OF HASSANAMISCO LANDS IN 
THE TOWNSHIP OF GRAFTON TO RAISE M0N[EY][7£]S FOR SUPPORT- 
ING THE MINISTRY, AND DEFRAYING THE OTHER CHARGES ARISEN 
AND ARISING THERE. 

Whereas the proprietors of Hassanamisco lands in the township of ^J,*?™^!,^"^ ^^ 
Grafton, by an act of this governm[eH]t pass'd in the first year of his nii;55;chap.'2o! 



40 



Province Laws.— 1742-43. [Chap. 22.] 



Manner of the 
assessment. 



Collectors to 
sell the lands of 
such as pay not 
their tax. 



present majesty's reign, are obliged to erect a meeting-house and school- 
house, and to support a minister and schoolmaster there, and four- 
fifths of the charge thereby arising was by said act ordered to be de- 
fr[a][e]yed b}^ fort}^ persons, to whom liberty was granted to purchase 
said lands, the other fifth part by nine families before that time set[<]led 
there, and that the afores[rti]d proportion of charges, together with 
the method then assigned for raising and collecting mon[('y][;'c-']s to 
defr[a][e]y the same should continue and be observed until[l] those 
lands should be made a township ; and whereas said lands have since 
been erected into a township, and that before the whole of the charges 
so incurred were collected in pursuance of said act ; wherefore, to enable 
said proprietors to collect the same, — 

Be it encccted by the Governour, Council and House of Represent- 
\_ati']ves, 

That the assessors of the propriety of Grafton, alias Hassanamisco, 
be and hereby are enabled to assess the several proprietors of the said 
tract of land purchased by said forty persons, and set[i]led or pos- 
sessed by said nine families, for all charges which may still be behind 
and unpaid, and which arose or were occasioned by the compliance of 
said proprietors with the duties required of them by the aforesaid act ; 
four-fifths thereof to be apportioned upon the present proprietors of 
the lands petitioned for and purchased b}' the aforesaid forty persons, 
the other fifth on the present proprietors of the lands which were pos- 
sessed by said nine English persons or families before the said act. 
And the collector or collectors of the said proprietors of Grafton, alias 
Hassanamisco, are hereby enabled and impowered to gather and collect 
such taxes as shall be committed to him or them by the assessors as 
aforesaid, and upon the refusal of any of the proprietors who shall be 
assessed as aforesaid, to pay such sum or sums as shall be set upon 
and required of them, the collector or collectors to whom the said tax 
is committed are hereby impowered and directed to make sale to the 
highest bidder of so much of the said proprietor's land, who shall so 
refuse to pay, as shall satisfy his part of said assessm[e?i]t, the over- 
plus, if any there be, to be returned to the said proprietor ; and the 
said collector or collectors shall post up a notification in some publick 
place in said Hassanamisco, and also give notice of the intended sale 
in one or more of the publick newspapers at least thirty days before 
the time appointed for said sale. [^Passed January 15 ; published 
January 17, 1742-43. 



CHAPTER 22. 



AN ACT TO PREVENT FIRING THE WOODS. 



Preamble. 



None to fire the 
woods lyincr in 
common, with- 
out leave, on 
pain of 40s., 
and answer the 
damaeie to the 
proprietors. 



Whereas it is found by experience that the burning of the woods 
does greatly impoverish the lands, prevent the growth of wood, and 
destroys much fence, to the great detriment of the owners ; for preven- 
tion whereof for the future, — 

Be it enacted by the Governour^ Council and House of Bepresent- 
[_ati']ves, 

[Sect. 1.] That from and after the publication of this act, no per- 
son or persons shall witting!}^ and willingly set fire in any woods or 
land lying in common within the bounds of an}' town, without leave 
first had from the town or proprietors, respectively, owners of such land 
lying in common, b}' a major vote, at a meeting for that purpose 



J 



[3d Sess.] Province Laws.— 1742-43. 41 

fippointed, under the penalty of forty shillings, to be recovered by 
action or information, before any justice of the peace in the county 
where the offence is committed, such penalty to be for the use of the 
person or persons who shall prosecute or sue for the same ; and the 
party offending shall be further liable to the action of the town, proprie- 
tors or particular persons damnified b^' such fire ; and in case such fire in case of 
shall be set or kindled b}^ any person under age, such penalty shall be ^'^f^^^^- 
recovered of the parent or master, respectivel}-, of such person under age, 
unless it shall appear such person under age was employed or directed 
b}' some person other than the parent or master, in which case the per- 
son so cmplo^'ing or directing shall be liable thereunto. 

And be it further enacted, 

[Sect. 2.] That it shall and may be lawful [1] for an}'' town or pro- The town or 
prietors of any such lands as afores[ai]d, to give order for the setting g[TC iea\°c>ftet' 
fire in the lands to them respectively belonging, and to chroolf'tlse two giving public 

oo' i__ii__i notice to such 

or more persons for that service, who shall appoint times for that pur- as may be 
pose, and give seasonable notice thereof in the town where such lands affected by it. 
l[y][i]e, and to the selectmen of such adjacent town, near the borders 
whereof the woods may be that are to be set on fire as aforesaid. 

And inasmuch as it is ofttimes impossible to prove such facts by 
direct testimonies, — 

Be it further enacted, 

[Sect. 3.] That upon process brought for setting fire as aforesaid, Manner of con- 
where proof cannot be made in the ordinary method and course of the '^^''*^**''^* 
law, if the plaintiff, complainant or other credible person, shall swear 
that fire has been kindled as is declared in the writ, and there does ap- 
pear such circumstances as shall render it highl}' probable, in the judg- 
m[e7i]t of the court or justice before whom the tr[y][i]al is, that the 
fire was kindled by the defendant, his child or servant, or by some other 
child or person under the age of fourteen years, directed or employed by 
the defendant for that purpose, then, and in such case, unless the person 
charged (being of the age of fourteen 3-ears or upwards) will acquit him- 
self, upon oath administred to him by the court or justice before whom 
the tr[v][i]al is, this plaintiflf or complainant shall recover against the 
defendant, the penalty by this act imposed, and costs ; but if the de- 
fendant shall acquit himself upon oath as afores[ai]d, judgment shall 
be enticed up for the defendant, his costs ag[am]st the plaintiff. 

[Sect. 4.] This act to continue and be in force for the space of Limitation, 
three years from the publication thereof, and no longer. \_Passed Janu- 
ary 15 ; published January 17, 1742-43. 



CHAPTER 23. 

AN ACT FOR GRANTING TO THOMAS SYMMES, GENTLEMAN, AND GRACE 
PARKER, WIDOW, BOTH OF CHARLESTOWN, IN THE COUNTY OF MID- 
DLESEX, THE SOLE PRIVILE[Z)]GE OF MAKING STONE-WARE. 

Whereas Thomas Symmes, gent[?ema]n, and Grace Parker, widow, Preamble, 
both of Charlestown, in the county of Middlesex, have represented to 
this court, that, having pi'ocured a person well skilled in the art or 
m[i][y]stery of making stone-ware, and engaged him to instruct them 
therein, they are willing to undertake the making that kind of Avare 
within this province, and have thereupon prayed that they may enjoy 
the sole privile[d]ge of making the same for such term of time as this 
govern [??ie/?,]t, in consideration of the expensiveness and risque of the 

6 



42 



ProvixXCe Laavs.— 1742-43. [Chap. 24.] 



Term of the 
privilege, fifteen 
years. 



Prohibition to 
others ; penalty, 
£20. "^ ^' 



And their build- 
ings for that 
purpose a. com- 
mou nuisance. 



undertaking, sliall jiulge reasonable ; and this court, being willing to 
give due encouragem[eH]t to undertakings likely to prove beneficial to 
the publick ; therefore, — 

Be it enacted hy the Governour, Council and House of Hepresent- 
[_ati']ves^ 

[Sect. 1.] That the sole right, privile[cZ]ge, and advantage of mak- 
ing the kind of ware commonly called stone-ware, be and hereby is 
granted to the said Thomas Sj'mmes and Grace Parker, and to their 
respective heirs and assigns, to have and to hold to their only use, 
benefit, and behoof, for and during the full space and term of fifteen 
3'ears, to commence on and from the publication of this act. 

And be it fiirtlier enacted^ 

[Sect. 2.] That all and every other person and persons whosoever, 
be and hereby are strictly forbidden to make the said ware within this 
province at any time or times during the term aforesaid ; and every 
person offending against this act shall, on each conviction, forfeit and 
pay the sum of twenty pounds, to be recovered by the said Thomas 
Sj'mmcs and Grace Parker, their heirs or assigns, by action, bill, plaint 
or information, in any of his majesty's courts of record in the county 
where the oflTence shall be committed. 

And he it further enacted, 

[Sect. 3.] That every kiln, house or other edifice that shall be used 
in the making or burning any ware of the kind aforementioned, within 
the term aforesaid, whether the same be already erected, or shall here- 
after be erected (unless by allowance and permission of the said Thomas 
Symmes and Grace Parker, or their heirs, or by special order of this 
governm[en]t, to be made in case of the said grantees failing to carry 
on the aforesaid business with effect during the term aforementioned), 
shall be deemed a common nusance, and the court of general sessions 
of the peace in the county where such nusance may be, shall cause the 
same to be demolished, and the charge of so doing to be answered and 
paid b}^ disposing of so much of the materials as shall be necessary 
to satisfy the same. \_Passed January 15 ; published January 17, 
1742-43. 



CHAPTER 24. 



AN ACT FOR THE MORE EASY PARTITION OF LANDS. 



Preamble. 



Any partner 
may petition the 
superior court, 
and have a par- 
tition by five 
freeholders. 



Whereas the partition of lands is often delayed by reason that the 
parties concerned therein are very numerous, and live remote from each 
other, and sometimes in parts beyond the seas, and are, as to some of 
them, unknown, to the hind[e]rance and retarding of improvem[eu]t 
and settlements of lands in this province ; for remedy whereof, — 

Be it enacted by the Governour, Council and House of Represent- 
[aft]i;es, 

[Sect. 1 .] That from and after the publication of this act, any per- 
son or persons interested with any others in any lot or grant of land, or 
other real estate, making application, either by themselves or their 
lawful [1] agents, attorneys or guardians, to the superio[?t]r court of 
judicature, holden for and within the respective counties of this province 
where such lot, grant or estate lies, the said court is hereby authorized 
and impowered to cause partition of such estate to be made, and the 
share or shares of the party or parties appl3ing for the same, to be set 
off and divided from the rest, such petition to be made upon oath by 
five freeholders, or the major part of them, to be appointed b}^ said 



[3d Sess.] Province Laws.— 1742-43. 43 

court, and a return of such partition to be made to the clerk's office of 
said court ; and the partition or division so made, being accepted by 
the said court, and there recorded, shall be valid and effectual to ail 
intents and purposes. 

Provided, nevertheless, — 

[Sect. 2.] That before such partition be made, where any infants Guardians shall 
or persons under age, or non compos, are interested, guardians shall be ecUo^any'Effant 
appointed for all such persons, according to law. And if any person ?r^ion compos, 
interested in an}' such estate, happen, at the time when such application agents fo/per. 
shall be made, to be bcj-ond sea, or out of the province, and has no p'^^ovince."^'^'^^ 
sufficient attorney within the same, that then, and in such cases, the 
justices of said court shall appoint some discreet and indifferent person 
as agent for such absent part}', and, on his or her behalf, to ^e advising 
in the making of such partition. 

Provided, also, — 

[Sect. 3.] That before such partition be made, due notice, b}' Notice to per. 
special order of said court, be given to all concerned that are known before th?par- 
and within this province, that so they may be present, if they see meet, '''^'°" '^ ™''''®- 
at the time of making the same. 

Provided, also, — 

[Sect. 4.] That if any partners should have a larger share set off ifmoreisset 
than what is such partners' true and real interest, or if any share set off "^n^is 'wiue, 
should be more than equal in value to the proportion it was set off for, a new partition 
then, and in every such case, upon complaint made within three years upTn compia^int 
next after such partition, by any aggrieved partner or partners, who, at |hrye°year8!'° 
the time of making such partition, were out of the province, and not allowing for 
notified thereof as aforesaid, a partition as afores[ai]d shall be made mad™^''™™'^ 
de novo ; and in such new partition, every partner shall be allowed for 
all the improvements he or the}- shall have made on an}' of their respect- 
ive parts, and so much, and no more, taken off from any share, as such 
share shall be adjudged more than the proportion of the whole it was 
designed for, estimating all the lands, or other real estate, as in its 
original state, or in the state wherein it was when first divided. 

[Sect. 5.] This act to continue and be in force for the space of Limitation. 
three years from the publication thereof, and no longer. [^Passed Janu- 
ary 14 ; published January 17, 1742-43. 



CHAPTEK 25. 

AN ACT TO PREVENT THE MULTIPLICITY OF LAWSUITS. 

"Whereas of late it hath been the practice of some of the sheriffs, Preamble, 
undersheriffs, or their deputies, within this province, to receive from 
some of the justices of the peace, and the clerks of the courts within the 
respective counties, blank writs, and then fill them up and serve them, 
and sometimes appear, by virtue of a power of attorney, to pursue the 
same ; which practice has a tendency very much to increase the number 
of lawsuits, and to a partial administration of justice ; for remedy 
whereof, — 

Be it enacted by the Governour, Council and House of Represent- 
atives, 

[Sect. 1.] That no sheriff, undersheriff, or deputy sheriff within sheriffs notto 
this province, from and after the publication of this act, shall presume "pwns. 
to draw or fill up any writ[t] for any matter or thing whatsoever, triable 
before any of his majesty's justices of the peace or courts of record 



44 



Province Laws.— 1742-43. [Chap. 26.] 



Nor appear by 
power of attor- 
ney, &c. 



Limitation. 



within this province, or he an}- ways of advice or assistance therein, 
unless in cases where he or they are concerned as plaintiff; and in case 
it appears to the justice or court to whom such writ[t] is returned, that 
any writ[t] was so drawn or fill'd up as aforesaid, such justice or court 
shall dismiss the same, and allow costs for the defendant. 

And be it further enacted, 

[Skct. 2.] That no appearance of any sheriff, his undersheriff, or 
deputy, before an}^ justice of the peace or court of record, by virtue of 
a power of attorney, shall be allowed good to any intent or purpose 
whatsoever, in the county where he is an officer, except where the party 
giving the power lives out of the province, and in this case his appear- 
ance shall not be allowed if he filled the writ. 

[Sect. 3..] This act to continue and be in force for the space of seven 
3-ears from the publication thereof, and no longer. [_Passed January 
15 ; published January 17, 1742-43. 



CHAPTER 26. 

AN ACT FOR INLISTING THE INHABITANTS OF DORCHESTER INTO HIS 
MAJESTY'S SERVICE FOR THE DEFENCE OF CASTLE WILLIAM, AS 
OCCASION SHALL REQUIRE. 



Preamble. 



The militia of 
Dorchester to 
be enlisted for 
the castle. 



Fine on the 
delinquents, 5s. 



Those that 
attend shall be 
paid for it, 
&c.,— 



Whereas the safety of this province in a great measure depends on 
the strength of his majesty's Castle William, and it being necessary 
that a good number of men skilful [1] in the management of the great 
artilleiy, should be always ready there, — 

Be it enacted by the Governour, Council and House of Represent- 
[ati'\ves, 

[Sect. 1.] That the inhabitants of the town of Dorchester, who are 
by law subject to common musters and military exercises there, not 
exceeding fifty years of age, shall be [e][i]nlisted under the present 
captains or other officers as the captain-general shall commissionate, 
who shall repair to Dorchester Neck, and be transported over to Castle 
William eight days in each year, in such months as the captain-general 
shall order, and shall on the said days be, by the gunner and quarter- 
gunners, exercised in the mounting, dismounting, level[Z]ing, traversing 
and firing the great guns, and shall be obliged hereunto, and the observ- 
ance of such orders as shall be given them in this exercise, under the 
like pains and penalties that soldiers are under to obey their officers in 
said castle in time of service. 

And he it further enacted, 

[Sect. 2.] That if any of the men in the town of Dorchester 
[e][i]nlisted as aforesaid shall neglect, absent, or refuse to attend at 
time and place for the exercise of the great artillery as aforesaid, being 
thereof notified and warned to appear, for every such day's neglect such 
soldier shall pay to the clerk of the company for the use thereof the 
sum of five shillings. 

And whereas the soldiers of the militia in this province are obliged 
to train but four days in a year, extraordinary musters excepted, — 

Be it therefore enacted, 

.[Sect. 3.] That the officers and soldiers that shall appear the eight 
days at Castle William, as is provided for in this act, shall be paid for 
four of the said days after the rates following : the captain, five shil- 
lings ; lieutenant, four shillings ; ensign, three shillings and sixpence ; 
Serjeants and clerks, three shillings ; drummers and corporals, two 



[3d Sess.] Province Laws.— 1742-43. 45 

sliillings and ninepence : private centinels, two shillings and sixpence 
per diem each, out of the province treasury : and that such officers and 
soldiers be allowed subsistence, as the other officers and soldiers have, 
during their service at said castle. 

And for the further encouragement of the said men enlisted and exer- 
cised as aforesaid, and that they may be expert in the management of 
the great artillery, — 

Be it further enacted, 

[Sect. 4.] That all and every man shall be excused from all other and be exempt- 
military service, and from all impresses into other service that other duties!" °^ ^' 
soldiers by law are liable to. 

And be it further enacted, 

[Sect. 5.] That upon any alarm at Castle "William, every man, able Upon an alarm 
of body, as well those [e][i]nlisted by virtue of this act, as others, Tarn r^hcy shall 
within the town of Dorchester, except such persons as are by law attend, upon 
obliged to attend upon the governo[r6]r for the time being, shall forth- 
with appear compleat with their arms and ammunition according to 
law, at the said Castle William, there to attend and follow such com- 
mands as shall be given for his majesty's service, and that on the pen- 
alty of paying five pounds to the clerk of the said company ; the said 
fines to be recovered before any justice of peace or court proper to 
hear and try the same. 

[Sect. 6.] This act to continue and be in force for the space of Limitation. 
three 3'ears. \_Passed January 15 ; published January 17, 1742-43. 



CHAPTEK 27. 

AN ACT TO PEEVENT GAMING FOR MONEY OR OTHER GAIN. 

Whereas games and exercises, although lawful, should not be other- Preamble. 
wise used than as innocent and moderate recreations, and not as trades I'se-s-.chap.i:. 
or callings to gain a living, or make unlawful [1] advantage thereby, — 

Be it therefore enacted by the Governoiir, Council and House of Repre- 
seyit\ati'\ves, — 

[Sect. 1.] That from and after the twenty-fifth day of March, which Aii security for 
will be in the year of our Lord one thousand seven hundred and fort}-- ^amiTgror" ** 
three, all notes, bills, bonds, judgments, mortgages, or other securities ^amcTshai"be 
or conveyances whatsoever given, granted, drawn, or enter'd into, or void. 
executed by any person or persons whatsoever, where the whole or any 1 Alien, 566. 
part of the consideration of such conveyances or securities shall be for 
any monej' or other valuable thing whatsoever,- won by gaming, or 
playing at cards, dice, tables, tennis, bowles, or other game or games 
whatsoever ; or by betting on the side or hands of such as do game at 
any of the games afores[a?']d, or for the reimbursing or repaying any 
monej' knowingly lent or advanced for such gaming or betting as afore- 
said, or lent or advanced at the time and place of such play to any 
person or persons so gaming or betting as aforesaid ; or that shall 
during such play, so play or bett, shall be utterly void, frustrate, and 
of none effect, to all intents and purposes whatsoever ; and that where Jg°^7j\"^/i'j|,e„ 
such mortgages, securities, or other conveyances shall be of lands, tene- come, 
ments, or hereditaments, or shall be such as incumber or affect the same, 
such mortgages, securities, or other conveyances shall enure and be to 
and for the sole use and benefit of and shall devolve upon such per- 
son or persons as should or might have or be [e][i]ntitled to such 
lands, tenements, or hereditam[en]ts in case the said grantor or grantors 
thereof, or the person or persons so incumbring the same, had been 



46 



Province Laws. — 1742-43. 



[Chap. 27.] 



The loser, after 
payment, may 
recover it back. 



In default there- 
of, any other 
person may sue 
and recover 
treble the value, 
of the winner. 



The winner 
shall discover 
upon oath the 
Bum or thing 
80 won. 



And such re- 
payment shall 
excuse the win- 
ner from any 
other penalty. 



naturally dead ; and as if such mortgages, securities, or other convey- 
ances had been made to such person or persons so to be [e][i]ntitled 
after the decease of the person or persons so incumbring the same ; and 
that all grants or conveyances to be made for the preventing of such 
lands, tenements, or hereditaments from coming to or devolving upon 
such person or persons hereby intended to enjoy the same as afores[ai]d, 
shall be deemed fraudulent and void and of none effect, to all intents 
and purposes whatsoever. 

And be it further enacted^ 

[Sect. 2.] That from and after the said twenty-fifth day of March, 
any person or persons whatsoever who shall at any time, or sitting, by 
playing at cards, dice, tables, or other game or games whatsoever, or 
by betting on the sides or hands of such as do play at any game or 
games as aforesaid, lose to any one or more person or persons so play- 
ing or betting, any sum or sums of money, or any other valuable 
thing [or things] whatsoever, and shall pay or deliver the same or any 
part thereof, the person or persons so losing and paying or delivering 
the same shall be at liberty, within three months then next after, to sue 
for and recover the money or goods so lost and paid, or delivered, or any 
part thereof, from the respective winner or winners thereof, with costs 
of suit, by action of debt founded on this act, to be prosecuted in any 
of his maj[es]ty's courts of record, in w[/u]ch actions or suits no 
essoign, protection, wager of law, or more than one imparlance, shall 
be allowed; in w[/u]ch actions it shall be sufficient for the plaintiff 
to alledge that the defendant or defendants are indebted to the plain- 
tiff, or received to the plaintiff's use, the mon[ey][^e]s so lost and paid, 
or converted the goods won of the plaintiffs to the defendant's use, 
whereby the plaintiff's action accrued to him according to the form of 
this act, without setting forth the special matter. And in case the per- 
son or persons who shall lose such money or other thing as aforesaid, 
shall not within the time afores[aj]d really and bond fide, and without 
coven or collusion sue, and with effect prosecute, for the money or other 
thing so by him or them lost and paid, or delivered as afores[fa"]d, it 
shall and may be lawful [1] to and for any person or persons, by any 
such action or suit as aforesaid, to Sue for and recover the same and 
treble the value thereof, with costs of suit, against such winner or win- 
ners as afores[ca']d ; the one moiety thereof to the use of the person 
or persons that will sue for the same, and the other moiety to the use of 
the poor of the town where the offence shall be committed. 

And for the better discovery of the mon[ey][?e]s or other thing so 
won, and to be sued for and recovered as aforesaid, — 

It is hereby further enacted, 

[Sect. 3.] That all and every the person or persons, who by virtue 
of this present act shall and may be liable to be sued for the same, shall 
be obliged and compellable to answer upon oath such bill or bills as 
shall be preferred against him or them in any of the courts of record 
within this province, for discovering the sum and sums of money or 
other thing so won at play as afores[ai]d. 

Provided always, — 

And be it, nevertheless, enacted, 

[Sect. 4.] That upon the discovery and repaym[ew]t of the money 
or other thing to be so discovered and repaid as afores[ai]d, the person 
or persons who shall so discover and repay the same as aforesaid, shall 
be acquitted, indemnified, and discharged from any other or further 
punishm[en]t, forfeiture, or penalty, which he or they may have incurred 
by the playing for or winning such money or other thing so discovered 
and repaid as aforesaid ; anything in this present act contained to the 
contrary thereof in any wise notwithstanding. 



[3d Sess.] Province Laws. — 1742-43. 47 

[Sect. 5.] This act to continue and be in force for the space of Limitation. 
seven 3'ears from the publication thereof, and no longer. [^Passed 
January 15 ; published January 17, 1742-43. 



CHAPTER 28. 

AN ACT IN FURTHER ADDITION TO AND EXPLANATION OF [THE] [^AT] 
ACT [E][7]NTITLED AN "ACT FOR REGULATING TOWNSHIPS, CHOICE 
OF TOWN OFFICERS," &c. 

Whereas in and by an act made in the fourth year of the reign of Preamble. 
King William and Queen Mary, [e][i]ntitled "An Act for regulating IS; chap! i; 
of townships, choice of town officers, and setting forth their power," the § is. 
freeholders and inhabitants of each town who are rateable at twenty 12,26.' ''^ '^^*" 
pounds estate to one single rate besides the poll, are impow[e]red to Vl^'^^' '^^"P- ^' 
assemble and to give their votes in choice of town officers in the month i7i'3-i4,chap.i6, 
of March annuallj^, but no rule of valuation is therein prescribed, ^ ^' 
whereby such estate, qualifying to vote as aforesaid, shall be estimated, 
nor is it declared whether the like estate shall qualify a voter in other 
town affairs ; and there being no law of this province expresly setting 
forth and ascertaining the qualification of voters in precincts and 
parishes, by reason of which many doubts and controversies have 
arisen ; for preventing whereof for the future, — 

Be it enacted by the Governo\_u\r, Council and House of Represent- 
[ati'\ves, 

[Sect. 1.] That henceforward no person shall be deemed duly quali- Aii voters to be 
fied or be admitted to vote in the choice of officers, or in the other presenTora 
affairs to be transacted at any meeting of the town, precinct or parish certain ratable 
where he dwells, but such only who are personally present at such ' 
meeting, and have a rateable estate in such town or district, besides 
the poll, amounting to the value of twenty pounds, by the following 
method of estimation ; vizW., real estate to be set at so much only as 
the rents or income thereof for the space of six years would amount to 
were it let at a reasonable rate ; and personal estate and faculty to be 
estimated according to the rule of valuation prescribed in the act from 
time to time made for apportioning and. assessing publick taxes. 

And be it further enacted, 

[Sect. 2.] That when any dispute shall arise respecting the quali- Determinable 
fications of any person offering his vote in any such publick meeting, at^or by'the last 
the same shall be determined by the moderator of such meeting accord- ^'^*- 
ing to the list and valuation of estates and faculties of persons, in such 
town or district, last made by assessors under oath ; and if it thereby 
appear that such person is not qualified as by this act is provided, his 
vote shall not be received : provided, that the value of lands leased The rate of 
shall not be reckoned to qualify the ter-tenant, but to qualify the lessor ^hom toqiufi*- 
if he be an inhabitant in such town, precinct or parish. jfy- 

Provided also, — 

[Sect. 3.] That when such dispute shall happen to arise in any Snch dispute 
town, precinct or parish meeting, before a moderator shall be chosen, mufcdVy^the' 
in such case the major part of the selectmen then present, or of the eekctmen.iu 
precinct or parish committee, shall, respectively, determine the same in 
manner as aforesaid ; and the assessors of each town and district are Assessors ehaii 
hereby required to lodge with the clerk of their respective towns and J'/iel^sfyoarlv*^ 
districts an attested copy of such their list and valuation from year to with the cierk. 
year, which he shall produce for the purpose afores[ai]d as there shall 
be occasion ; and every assessor, bi-l >nging to such town or precinct 



48 



Province Laws.— 1742-43. [Chap. 29.] 



The moderator 
permitting a 
jjerson unquali- 
lied to vote, 
Ibrfeita, — 

and he that 
puts in more 
than one vote, 
forfeits. 



The qualifica- 
tion of voters. 



Saving the 
voters for repre- 
Bentatives. 



Limitation. 



where the inhabitants are not usually doomed, neglecting his duty 
herein, shall forfeit and pay the sum of fort}' shillings, to be recovered 
before any of his majesty's justices of the peace of the same county. 

And be it farther enacted, 

[Sect. 4.] That if the moderator of any such meeting shall counte- 
nance and permit any person not qualified as aforesaid, whose qualifi- 
cation for voting has been called in question, to give his voice in any 
such meeting, he shall forfeit and pay the sum of five pounds ; and 
whosoever shall presume to put in more than one vote at a time shall 
forfeit and pay the sum of five pounds ; one moiety of the said forfeit- 
ures to be for the use of the poor of the town where the offence shall 
be committed, and the other moiety to him or them that shall inform or 
sue for the same in any of his majesty's courts of record. 

And whereas several towns of the province do not give in an exact 
account of their rateable estate, and so the assessors are obliged to 
doom the inhabitants according to the best of their skill and judgment, 
whereby the qualification of voters in such places may be more difficult 
to come at ; wherefore, — 

Be it enacted, 

[Sect. 5.] That where a full invoice and valuation of the rateable 
estates in any town or district is not taken, and the assessors, on oath, 
do doom the inhabitants, those persons only shall be allowed to vote 
who are rated two-third parts so much for their estates and faculties as 
for one single poll, in the last tax of such town or district, respectively. 

Provided always, — 

[Sect. 6.] That nothing in this act shall be interpreted to exclude 
any person [s] from the privilege of voting in the choice of representa- 
tives, who are duly qualified therefor according to the royal charter. 

[Sect. 7.] This act to continue for the space of four years, and no 
longer. [Passed January 15 ; published January 17, 1742-43. 



CHAPTER 29. 

AN ACT FOR THE MORE EASY PARTITION OF LANDS OR OTHER REAL 
ESTATE GIVEN BY WILL, AND HELD IN COMMON AND UNDIVIDED 
AMONG THE DEVISEES. 



Preamble. Whereas it is usual for persons by their last wills to devise their 

real estates to sundry of their children or others, to be divided to and 
amongst them in some certain proportion, a division whereof cannot be 
obtained by the act of the parties, by reason of their disagreem[<'?i]t 
or some legal incapacity that some of them are under, and other 
methods for obtaining such partition are attended with charge, delay 
and other inconveniences, to the prejudice of such estate ; for remedy 
whereof, — 

Be it enacted by the Governolxi^r, Council and House of Rppresent- 
{ati^ves, 
Ti)ejudgej)f [Sect. 1.] That whcu and so often as any devisee, or his guardian, 

order a division wlio holds any real estate in partnership with any other person or per- 
sons by force of any last will and testament, shall make application to 
the judge of probate of wills, &c., in the county where such estates 
lie[s], for a division thereof, it shall and may be lawful [1] for such 
judge of probate to order the whole of the real estate so devised (or 
that part of it the partition whereof is requested) to be divided to and 
amongst the devisees in proportion according to the will of the testator, 



of lands, &c., 
devised 



[3d Sess.] Province Laavs.— 1742-43. 4Q 

by five good and discreet freeholders of the same count}-, to be appointed 

by the judge of probate, and to be sworn to the due pei-formance of 

that service by the said judge, or by a justice of the peace of the same 

county, in case the estate to be divided be not witliin ten miles from 

the town where the judge himself dwells, notice being first given to all Notice to be 

parties concerned to be present at the making such partition, if they fan^cl° "'^ 

see cause ; which partition or division being returned into the probate 

office and approved by the judge, and there recorded, shall be valid in 

the law to all intents and purposes, unless upon the appeal of an}- An appeal. 

party aggr[ei][/e]ved at the partition so made, the same should be 

reversed or altered by the governour and council. 

Provided, 

[Sect. 2.] That no partition of such estate shall be made where the Except the pro- 
proportion Lielonging to the devisees or any of them shall appear by dcvisccs^bc'''' 
the tenor of the devise [e] to be disputable and uncertain. aoubtfui. 

Provided also^ 

[Sect. 3.] That where any of the devisees are minors or out of Guardians siiaii 
this province, guardians be first appointed for such minors according ed.'&c!' "p^'°"^'' 
to law, and some discreet and indifferent person be appointed b}' said 
judge to represent and act for such absent party, who shall be allowed 
six months after his return into the province to appeal to the gov[enio»]r 
and council from such judgm[e?i]t. 

[Sect. 4.] This act to continue and be in force for the term of three Limitation. 
3-ears, and no longer. \_Passed January 15 ; publisJied January 17, 
1742-43. 



CHAPTEE 30. 

AN ACT FOR ERECTING A TRACT OF LAND COMMONLY CALLED NEW 
LISBORN, LYING IN THE COUNTY OF HAMPSHIRE, INTO A TOWNSHIP 
BY THE NAME OF PELHAM. 

Whereas there are a considerable number of families setled on a 
tract of land commonly called New Lisburn, lying in the county of 
Hampshire, who have represented to this court that they labour under 
great difficulties, by reason of their not being incorporated into a town- 
ship, — 

Be it therefore enacted by the Governour, Council and House of 
Represenf'^ 

Tliat tlie lands afores** be and hereb}^ are erected into a seperate and 
distinct township, b}- the name of Pelham, the bounds whereof to be as 
follows ; viz'., bounding easterly on a tract of land commonly called 
Quabin, granted to a number of Canada and Narraganset soldiers ; 
southerlv, on a lot of equivalent land, so called, belonging to the 
Reverend M'. Edwards and Mrs. Rebecca Hanlc}^ ; westerl}-, on the 
east bounds of the town of Iladley ; and northerl}-, partly on a new 
township commonly called Road Town, and partly on a new township 
commonly called IS'ew Salem ; and that the inhabitants on the land 
afores'^ be and hereb}^ are vested with all the powers, privileges and 
immunities which the inhabit-ints of other towns within this province are, 
or, by law, ought to be vested with. \_Passed January 15, 1742-43. 



50 Province Laws.— 1742-43. [Chap. 31.] 



CHAPTER 31. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF TWENTY THOU- 
SAND POUNDS IN BILLS OF CREDIT OF THE TENOR AND FORM LAST 
EMITTED; AND ALSO FOR APPORTIONING AND ASSESSING A FURTHER 
TAX OF ONE THOUSAND SIX HUNDRED AND THIRTY-EIGHT POUNDS 
AND THREEPENCE ONE FARTHING, IN BILLS OF CREDIT OF SAID 
TENOR AND FORM PAID THE REPRESENTATIVES FOR THEIR SER- 
VICE AND ATTENDANCE IN GENERAL COURT, AND TRAVEL. 

Whereas the great and general court or assembly of the province of 
the Massachusetts Ba}^ did, at their session in November, one tliousand 
seven hundred and forty-one, pass an act for the lev3'ing a tax of seven 
1741-42, chap. 11, thousand five hundred pounds in bills by the said act emitted, and for 
1741.42 chap 11 ^^^'^ levying a tax of twenty thousand pounds in bills before current in 
§ 26. ' ' the province, said twent}' thousand pounds being equal to five thousand 

pounds of the bills emitted by said act ; and said sums of seven thou- 
sand five hundred pounds, and three thousand seven hundred and fifty 
pounds,* were ordered by said act to be assessed this present j-ear ; 
1742-43, chap. 3, and, at their session in May, one thousand seven hundred and fort3'-two, 
^ ^- did pass an act for the levying a tax of three thousand seven hundred 

and fifty pounds in bills emitted b}" said act, to be assessed this present 
1742-43, chap. 3, year ; and also a tax of three thousand seven hundred and fifty pounds, 
§ ''• to be assessed in the year one thousand seven hundred and forty -three, 

the whole of the several sums aforesaid amounting to the sum of twenty 
thousand pounds : and by the several aforesaid acts, provision was 
made, that the general court might, in the several 3'ears, apportion the 
several sums on the several towns in the province, if they thought fit ; 
and the assembly aforesaid have likewise ordered that the sum of one 
thousand six hundred and thirt^'-eight pounds and threepence farthing, 
1741-42, chap. 11, being the one half of such sums or sums as were paid the representatives 
^ ^^" in the 3'ears one thousand seven hundred and thirtj'-nine, and one 

thousand seven hundred and fort}", should be levied and assessed on 
the polls and estates of the inhabitants of the several towns, according 
to what their respective representatives have received ; wherefore, for 
the ordering, directing and etfectual drawing in the sum of sixteen 
thousand two hundred and fifty pounds, pursuant to the funds and 
grants aforesaid, and for removing or bringing forward the fund for 
three thousand seven hundred and fifty pounds laid on the year one 
thousand seven hundred and forty-three as aforesaid, and laying 
the same on this present yght, and drawing the said sum into 
the treasuiy according to the apportionment now agreed to b}^ this 
court ; and also for drawing in the sum of one thousand six hundred 
and thirty-eight pounds and threepence one farthing, paid the repre- 
sentatives as aforesaid ; all which is unanimously approved, ratified 
and confirmed ; we, his majesty's most loyal and dutiful subjects, the 
representatives in general- court assembled, pray that it may be 
enacted, — 

And be it accordingly enacted by the Governour, Council and House 
of Representatives, 

[Sect. 1.] That each town and district within this province be 

assessed and pay as such town's and district's proportion of the sum 

. of twenty thousand pounds in bills of the tenor last emitted, as also 

for the fines laid on them, and their representatives' pay, the several 

sums following ; that is to say, — 

* Sic. £5,000 ?— See 1741-42, chap. 11, ^§ 5 and 11." 



[3d Sess.] 



Province Laws. — 1742-43. 



51 



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52 



Province Laws.— 1742-43. [Chap. 31.] 





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.3 
,a 

a 

• 03 
03 

_ta 

tn 

a 
. a 
o 
a 
>» 

w 


8 

g 


• CO • 

bO 

oTS , 


• 


oT , , 

hi 






w 

u 

M 

o 

a 


'1 

3 
■| 

03 

' m 

.§ 
o 

o 

l« 




and twelve pounds five shilling 
d eighty-nhie pounds six shi 

and ten pounds six shillings 


03 

03 

•3 
.-a 

3 

o 

• a 

03 

•a 

. a 

C3 




and fifty poTinds fifteen shilling 
and thirty-three pounds six sh 

and thirty-five pounds elevei 


,a 

.CO 

"S 
a 

CS 
bo 

a 

3 

■a 

a 
a 

i 


g^ 

,a P 

03 -l^ 

TJ CO 

a-a 
ci a 

If 

03 03 

go • 

•1 « . 
9 53 


to 

3 

g 

■•a 

CO 

a 
a 


unds eighteen shillings and fou: 
Dunds one shilling and cightpen 
s sixteen shillings and eightpen 


to 

3 

a 

o 

03 

ca 

CO 

a 

a 
o 

a • 








03 




138S 




a 




nsrS o?^ 
P P ^ i-l 


a 03 


a 


§•'3 03" 

•dig 
^^& 

03 a 
l§=2 


03 
03 


2 at3 

^^033 






2^3 

X.>; 


i 

03 

a 


-3 2 c-S 

e 3 03 a 

.=! 03^-^ 
03 P.^O 

.&3 "^ ^ 


83 

§o 

a^ 


3 
c3 

3 


c 
s 

03 




Ma 
03 a 
^^ 
a o 

c3 ^ 


a 

03 

> 

03 


3 


o oj a 
•a^a 

.'H.H:a 


03 

a 
a 






WfM 




\mH h 


EH 




o 


oo o 


H 


CC 


^o 


s 


oDcoH 


E . 






. 








3« 

00 




5« 


'^H 








-*) 




-j« 


§, 




s 




o 


05 CO 


05 


t^ 


Oi •* 


03C0 


CO 


CD a> 


o 


CDOO 


t^o 


f-i 




cc 




^_, 


o> eo 


o 


O 


>o 


t^ t^ 


O'Cl 


CO 


O 00 


00 


OSO© 


t^o 


d 




.H 




i-H 










I— ♦ 


I— • 


I— ' 


rH ,-< 




rH 






C-l 




<n 


00 t-- 


00 


CD 


00 


(» lO 


t^CD 


t- 


t~. o 


CD 


CDOO 


oo 


,_i 




CO 




CO 


rH i-l 


I-l 


r— ( 


I-l 


I— ( rH 


I— t r-H 


I— ' 


I— 1 rH 


r^ 


f~* 




IM 




iA 




























CO 




"2 " 






il' 


bo 


o 

c 


a 


t3 • i • 


•8 

g 


3 


'm .S 


1' 


ii ' ' ' 


03 • • 

o 

g 










oq" 


p 


f^ 


03 


03 . 


• ^ . 


. a-ci . 


• 


ra . . • 


a . . 






CO * 




fcr; 


• CO • 


tS 


a CO " 


bo -a 

a a 


.2 


a 






i 


a 

03 




i 

"co 


3 • 

CO 

o 
>■ 




3 c3 _3 . 
2 en "3 

^3 -g • 

03^ 03 


8 

g 

a 

fo 

S 


3 


a 

c3 • 

CO 

SO 

a • 

3 


3 w 

"m to 

a 
a "3 • 

03 ra 

03 r] 


03 C 

03 .a 
"Sia 


CO 

bO • 

3 

3 • 

3 

03 


to •» • 
.5 a 

1 '3 * 
g .g . 

03 S 

c2 -S 
*^ . to • 


CO 

to 

a 

3 • 
1 _ 


bo • • • 

a 

3 ' • ■ 
a 

(U • . « 


03 , . 

a 

a . . 

& 

a 






•a 




i 

cc 

"3 




CO 


1 


03 to 

> a 

«3 


1 .^i 


03 8 


to 
•a 


lo 

-n S 


03 
O 

2 • . • 
a 


3 
a ' • 

03 
> 
03 
to • • 




N 


3 




C 


TS a 


■a 


CO 


II 


a ^ 


a 


a CO 


to 




rt 


O 






S . ^ 


fl 








a .'^ . 




rS , . . 




ft: 


ft 




O 

a 


§ ^g" 


O 




a 03 

O 03 


So§-;S' 


a5 


o 


o a 
a a 


§ 


■^>. 




PS 


O c 




X 




a 

(3 


o 

a 


a ■" 


j^ o ?5 


03 a 


a 

03 - 


« a 

03 .*-' , 




O 


a s^ 








1 


.a 03 03 S 


03 


c 

o 

03 


O 03 
03 O 

3 g 


l|gi 


1^ 03 
gS 


S8 


O 03 C 03 

e S S y 
a a 03 a 

O) O 42 03 


a 03 
o " 
2g 


gs 

sg • 








Sa 


S 


to 


(^ 


to^ 


.tpccS a 


g;d 


> a 

03 


g a_x A\^ a_x a 


'^^ . 






H 




HW tc 


s 


S 


w 


w s 


cococc 


&Q !» 


CO 


cc 






03 
02 




-SI 1 

to S <s 


c 




1 1 
1 1 






a 
1 


!, 03 

§ ^£ 

-a "o 2 
a b£ 

03 ci c 


"1 i 

3 1 





[3d Sess.] 



Province Laws. — 1742-43. 



53 



00 CO 

ooo 

(MrH 



CO Oi o 

t-- woo 

(TO O CO 

«D OO lO CO 01 



00 t^ 


to 


t^co 


l^oo 


Oi 


C-l o 


eo-H 


o 


00 t^ 



•<*l 00 CO"-l CO 



0005 •* 

co-^ oo 



eo t^GO 



00 


© 


oo 


«o 


o 


lO U5 


•* 


t^ 

■* 


mo5 



00-* 


o 


00 00 


CO 


tcco 


o 


i-H CO 


^ 


00 .-1 
.-100 


00 


CO h- 

lOCO 


o 

CO 



OOtJIO-* 

1-1 cooeo 

CO 05 © CO 

<o-<ti-*eo 



a 

tc O 

■a ft 



g fcO 

ci OJ 
• fclj to 



S aj 



. 03 2 



^ S • aa^ • 

3 "^ " a-3 ' 

o •« S '^ a) <» 

^ t; 03 ,^ r^ V( 

OH WO 



^ 


lU 


,a 


Ti 






c 


oj 






o 


fcO 






« 





a 5 >< 



S fog 
a ^ ? 



S.o 



'S'3 



■^ <^ J? 
OO 



•S il 3 I 
S 3 -r! « 



-3:= S 
^<a o 

<D ^ fe 

tS cS g 
<C to ^ 

c s a 

P o S^ ■" 
c ? c 1^ 



§ ^ I 



"S "^ 



cj p 

-'S =3-S< 

£^ a O 



p a tL s as 



o;z;o 



2'S to 
o w 



6D «3 



a-^ 



S ^ B 



M 



'"SCO 

-ci a g 
as o 

i^" CD 

fcc-a'3 

a ^^ a s 

.a - g o 

(2 "" ■-! .03 
o «3 M 

-2 a" r3 
^ s'2 . a 
a o a c3 



"^ . -SS .3 



^^ a 
fnHO 



. S 03 

a 03 

oT a S* 

fta « 
O 



£ a P' 

5 a o 

a p 

- a !^ ■ 



c5 =^ si 






OS r-l r-l 

O CO 00 



050 •* oeo 

.-I CO OS i-llO 
t^t-- O lOO 



>-i O OS «o 

rH 

OO .-I (N 

>0 O O CO 



COOCDO 

t^o.-<o 

I— ( 
lOOCOO 



• a:.a3 
.a 03^3 „ 

to o CO to 

a a .a 

• 03 53 a -^ 

o? 03 p4 03 s 

-a rrt to '3 a 

*" c3 a to • 

a CO £5*2 M 

^ III J 

o c^S^a 

ft g as g-S 

a -2 03 ^ 03 03 

03 b S 03 ji ^^ 

S o .::4 o -^ ;a 

w Phcccb H 



c3 ..a 



S S 5c2 



^ S -a S." 



03 



3 .-a .£ I 

a a « aiS "2 

p 03^3 03^ a 

* gS" 5 § a 03" o 
*^ rt o rt o y ft 
a .a P-fl ^3 a 

- 03 . ^ X 03 

gS g»e PC aS 
i;^fc:tiao303T5 
asaoao3i-R 

O303t)_tj(l,iSa03 
03 .1-1 .I-i 03 

CC M CZ2 CO 



a .-SS 
13 a "" 

"3 . CS 03 



CO . 

a'=' 

*ri CO 

S'^ • 
® a ^- 
&a '^ 

a o g 

8 1 a a, 
j3 -g cijcr 

02 CC 



6t3.3 
§ 5^ 

_3 c3 to 
to CO — 
03 W3g 

a.S 03 
'33 5 






&S ft 

a o g c 

Ja g ^ 
PmHcc 



'St; 

a 
CO a 

,r3 03 



ft=y a 



ft 
a g" 

03 y 

03 a 

-tJ 03 
>i P< 



03 J 

to a 
a m 

cS fcc 

CO a 

bo3 

•aa? 
;aja 

'm "^ 

^ a 

■» 03 

o t» 

te- 03 
5 "3 
CO CO 

'CO 

a a 
a a 
o o 

i=i a ! 
5 03 ; 



03 a a • 

I l|s 

a cs rt a 

cs pa^^ o 

O OPO 



2 2 



^ eg S 



03 03 



03 a-r 
173 ^ -^ 



S ^ .2 o 



WO 



Sow M 



a a 



PhS 






54 



Province Laws. — 1742-43. 



[Chap. 31.] 



















-e 


."e 


-w 










-o 


>^D 






(MO 

1-1 lO 


oooo 

>0 lO lO lO 


o 




^ 


o^ 


















H 


















„ C<1 (M 


t^O 


CO cc lo CO 


S 


"^ 


CO 


■ S -# »o 


10-* 


coco CO <N 


00 


<N 


S 


pt+< 
















o_ 


GQ 
















CO 




■«*<o 


•*ooo 


00 


o 




^2 


ec o 


COlO«5 O 


CD 


o 


•0 
CO 




r-l 


t— t 


•— ' 




»-^ 


•"^ 






IM O 


^ 


o 


CO CO lO CD 


,_( 


o 


tH 




TjH Tjl 


lacocoiM 


t-- 


(M 


IS 


















c<r 


















^ 








• 


• 




^ 






aJ" 






cT 






o 






,.r " 


<o 




CJ 






i^ 






1 

as 
•S'2 


O 




CJ 






o 






c 




o 






&1 






o 

& 

a 

-c 




a 




'.- 


1 

3 

s 






-O S3 


C 




1 


fcD 


e3 






X m a 


OS 




1 


^'3 
si; 12 

to jj 


to 

.S 






< fcf.s 


.9 

1 


Ml 
C 


IS 

to 
C 


4= 


1 

S 






> c S 






p 




-n 








5 o 


p 


M 


)S 


£ 

M 




'S 

to 






1 


s 


c 
o 


5 


S o 


a 
o 


to" 

-2 




1? 


h 

o a 


ft 


1 




5 


3 
o 








■t^ 




tJ o 


p 


3 




o o 


o 


o 


tt: 


^ 


3^ 




^ 




PhP^ 


ptipH 


S 


r-l 


HH 


'm 


H 




■Tg 


•-IS 










HN 


-*« 


r~^ 


O Ci 


oo 


CDOOO 


■<i< 


■-1 


t^ 


OB 


^^ 














CO 


C CO 


r^o 


IMOOO 


Ttl 


t-H 


(M 








r-* 






•"< 






O C<) 


ICO 


Tt<000 


t^ 


05 


:3 


<^ 
















CO 


cT 






jjj 






-^ • 


J^ • 




• & 






3 






c5 


■3 
.a 
^ ■ 




=0 02 


c 

ci 
C 




a 
la 






1 ' 


c3 




P fcr. 






CD 






-2 






& ..S 

S 2 


5 • 

CO 
















CD P 


5 










p^ 








M 

•^ 






to o 
5.13 


to • 

3 . 




^ „ 


















H r— 


s >^ 




o 






p-o-a 




« . £ 


o ^ 




a 






eg 


c 




o 
p. 


— ' S 








p § 

>t2 


.P Pi 




• t- 


-!-l 




fn 






!C 


;z; 




II 


o 

o 






lb" 

PIS 


cj 


1 

/a 

c 





-: 


(M 


ODO 


U5 




(M 


10 -^ 


© 






CO 


CO CD 

■-H t->. 


CO 




00 


OO-* 


00 


CO 


i-H 


1-1 CO 


;i; 


05 

i-l 


■* 
■* 


CO CO 
oco 


00 



o coo 



00 00 00 

I— I CO 10 o 

o 10 CO-* 

r-H CD coco 






• ^ 


• ^ 




• J, • 


• 


• • 


.a 


,a 




/a 






fcO 


f-.n 




, iO 












fio . 






• 


• <u 


. . 


• 


• • 


Ti 


tj 




g-^ 






d 


a 














. r, 


-C'cS . 







to 


fcO 



P, 


StbD 

■s.s 


a 
p* 




3 


3 


■ 3 
c2 


|3 




Sd . 


c 


c 


c 




tS 












a 
a 


s 






• tc 






,3 • 


^3 










3 


.3 'a 


to 




a 
. 


3 

• 


.s 


3 s . 


_3 


3 
• 


a 


P, 


•^ 




'^ 








> p< 


^ 




3 
• 














. p 


. 9 


oS • 


'y 


r^ . 



,0 t^ o 

=-> o S " S Pi 3 ^ 



3 es 



-ga-S 
a o = 



„^ > X 



•^ 3 J 
9.0 o 



-.a 3— a >, 



H O 



MO 



ocD a CO 
Tji rH CO 10 

00 1-1 CO 



" Pi 

p-h: 

IS 



1*1 too 
t^ 00 

lO »CO 



to •— 1 



3 3 

§ g 

a p. 

e " 3 

S ^ 3 

« a o 

So *^ 

^ p< >< 



so 



CJ -3 

3 3 

ii^ to 
to-S ^C 

.3 S=3 

ia tc*^ 
to a ,^ 

3na M 
<2-S-3 

-O O CO 

a 3-3 . 

cj O 3 • 
CO to 3 

13-3 O 

3 a Pi 
0S38 

aap a 

« r- ■* ai 
a 3 <a rv 
t> CJ— "^ 



p-a '3 

a^ S 3 

.-i to 

C &0 to 

^3 tD 

3f3 ;5 

to to j-j 

to -To 



g^g-3 

=3 3t2<tn 
rs O 2 3 

a A- 3 ^ 

3 _, O O o 
5 3 CJ p<o 

^i^ O S 



S--3 
3 P 



[3d Sess.] 



Peovince Laws. — 1742-43. 



55 



CO 13 ■* O O 
cr: lO CO O O 

c: "M ir; lo o 

IM O CO CO (M 

Hi 



CO 

O-H COO o 

CTi CO iC- ir?i O 
(M »C CO CO C<l 







• • • 












o 


^ 


o 


s 


fr 


c; 


a, 




^ 


,o 








§ 


a; 


c3 








be 

C 




P 




















5 

«; 


3 ■ * 


aj 


fl 


O 










>^ 


»j 


<B 


tp . .. 



a^ ^ r: in =^ 

&hn33 fe 



O 050 o o 


-<rt 


OCOOOO 


J§ 


OtHOOO 





-tC ^ rl > 

o -5 3 is a 



ou 


cq 


CO 


TjH 


CO t>. 


CO o 


I-H 00 


l>4TtlrH 


^ 


lO 


C5 


CO 


■* CO 


lO iffl 


1X1 CD 


t^00-«*< 




CO 


CO 


CO 


00 lO 




C2 O 


CO ■* 05 



"ill -<n 

<M lOCO C3 CO 

■^ "^f Ci CO CO 

CD >0 CO!N CO 



Tt< 


COtJ< 


■* o 


ooo 


■*■* tH 


oo 


.-1 CO 


eo>o 


oo 


CO CO CO 


O 


C5 m 
corf 


CO ^ 

CO'** 


.-lO 


CD-* t>. 



■^ ■^ -^ ^ 

coco COCO 



a-=i 



3 ^ 






S-fl g' 



3t3 



o g p= .2 






o >; aJ S o 
~~ = ;i d 



CM 0^ > 
S3 OS 



<E r; S 
o 5J o 

■^ S h! 



c^ cS 



_sp 

"3 ;i 

^2 ^ M to 

2 to a H 



C25 

O "TV,-- 



cT . o 
.-■ CJ CJ 2- 
■^ a O !-< 

=i s S s 

■r! p ?i to 
U '^ =^ = 



3 «:3 =3 



9 ~ '-' 



So 



.S > 



t^f? 



CQp4 



5 3 
O 3 
P-O 

f^ 
!>> S 
cS > 

._ (U 
fJHCC 



C 5 g 

.2o£ 









o i 






-<c^ 



■-« 



■-(H 



H?» 



t^CO T»< O >-i O OOC3 
IMO (MO COO eOOO 
Od CJO OOO 100>0 



•-IO r-H O 

oo O 00 o 



Tj 3 a^ 



a c tc 



a SS 



5 ii) 






a t: >." o 
;o 's « S a & 



= ==■5 =5 Sa< 



5 j3 



••!>.• 


. o • 


a 
a 


a 

o 


, , 9 , 


. a . 










c5 


<u 


• "O • 


• '^ • 










c3 


cj 


fcO 


to 


























^ 


,a 


aj 


w 


, , . , 


. <u . 




CD 


to 


/a 


. . tn . 





a'"' a - 

O O O) <D 
o. CJ O) O 






H H fin 



aps§g 
aagsaa 

<u o ^ —' in 

o o 5 O d rt 



.pq 



a ^ 
■ a s 






c= • to 



r-:: ^^ .S oi 

ar:! t: g p a 
o a .rt g S .a 

a X o t=* 

o ' — ^ c *^ -^ . 



• W 



p _ 



p a 

O M 



_^_tn -p g- 



^ K^ g ^pq t»;j] fr^^q ^oj OmP 



S o a" 5? 



W 



OPfi 



56 



Province Laws. — 1742-43. 



[Chap. 31.] 



gcoooio 

S rf 1-1 i-H rH 



^o©o 

OOO O lO 






c 

-ail 



« s K 






oooo 

OOOO 



ID S 

*^ t- 5 "» 

r- - o O 



"« 














•«■ 


-^n -m -IS 


ccH" 








i-iM 


«j. 


OO ^ (Ci 


CO 


o r^ IM 




O (M-* 


00 oo o 





<^' CO (N 


t^ 


i-l o -^ 




OS lOOO 


IM OOO 


^ 












1—1 




2 ?^ CO 


>o 


eo -< o 




oo CO 1^ 


00 -J o o 


oo 


S-' o 


■* 


lO 05 CD 




f^ C-l Tj< 


>0 CD ^ C^ 





<M ^ CO 


(N 










h- 


5+1 














=3 


■^'^ 00 


00 


OOO 00 




Tj< CO-* 


■*ooo 


s 


coco .-1 


^ 


O CO CD 




00 CDCO 


00 'OOO 


1 












•— ' 


'-I 




t^05 r^ 


CO 


(M CD CO 




00 t^t- 


(M -- O© 


10 


00 C5 CO 


C^l 


■* t^ to 




CD O ■* 


IOCDtJ< CM 


QO 


.-1 c^ 


IM 


t-l 




r-l I-l 




«3 


iti 














=5 


-a • "rf • 


tJ ' 




-a 


' z 




.... 




o c 


r^ 




p 


^ 


^ 






c3 c3 


a 




c3 


tD 


8 






shillings 

urpencc, 
shillings 


3 


8 c 

g £- 

.,£3 to 

.fcp "S 


fco 

a 

3 

S 
to 

o 


• '3 
-a 

fo 


•g 

. p 
c2 


<0 

o . • • 

p 




eight 

and fo 
eleven 


o 


c 

3 


t3 

• P 

03 


& . . . 

— fco . . 




05 


•^ ' 


to C c5 




* X 


\P 


§1 








■^ c5 m CO 




s 




s ..E ? . 


o . 


o^^ :§ 


3 


. to 


.3 


a^ • • 




hty-seven po 

ds eight shill; 
ity-scven poi 


a 


3 


Ti 


to 




-k3 


^ CO c 


O 


a 


c 


3a 




To ■ 
'S 

55 


3 
3 


• o 

ID 

• > 

ID 


1 

• o 

to 


.P -TJ . . 
Mp 
O c3 




" S"3 


^3 a to 

c 3 -a 

CS O C 


H 


a 

c3 


. P 
P 

o 


II '^i 




ndrcd 
cncc, 
nine p 
ndrcd 






p 


Cj (D 

ca 


p< 

• p 

ID 
> 


SOrgP 

?S.2 o & 








3 


Is 


P i^ 

!^ O 




O ^H 


H 


Oco ccO 


O 


fin 


P^aif^H 




"8 














■« 


-Jn -^ 


-<s 


kH" 








-o 


e^^ 


t^o o 


t^ 


O O CD 




CD CO© 


■*©©© 





■* o o 


lO 


.-ICO " t^ 




1-1 COO 


-#000 


00 














•—1 




c-i CO CO 


t^ 


.-l>0 (M 




o coo 


100 ©0 


CO 










r-l I-l 




C<1 


^ 














^ 


i • -8 • 


c 


o ' 'R'k ' 




■ X 




i * * ' " 

P 




Is fourteen shillings and fou 

cnny 

ids and ten shillings, 

nds ten shillings and tcnpen 


o 


a o .y 










> 

'2 


S cm 

3 "= 




2 a 

ID " 




'S . . . . 

-a 

§ 




5 • 


• '^ to • 




>< to 




?n 




fco 

o 

> 

02 t- 


cs to n 

3 M <^ 

2 :2g • 




«.2 

i| 

to 

:§3 
5 to 
^ '3 




60 

•S . . . . 
3 

to 

§ * * * ' 






'C c 


^ p CO .« 








gg 




i| 




t2 c 
2^ . . . 








tS ■- "^ 




O P 




r« a 






535-3 




ll 

li 




-ss* 




t^m 


5 ''^ 


5 ;2 o S 






sj . . . 

2 ^ 

ft CJ 




>2p| 


o o 


c S '^ a " 




8" 




!^ c 


<^ £ S^ fl 
fc- s s o o 




P . 


p . . . 




o o ^ -f^ c^ 


Oi o 




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ID 


ff> aj 




^ a-3 M^ 


5*=^ 


^■s^ ^ P< 


s.a 


a, 


S; ^ 




H h3 


cc 


w Sh 




Ho; 




Pm ... 








• • • 




3" 




. . . 












to 
















p 








Plymouth, 

Plimpton, . 
Scituate, . 


i 


S P-lfi 




2^" 


P 1 ' * ~ 

5 p J-. -a 
II 111 





[3d Sess.] 



Peovince Laws. — 1742-43. 



57 

















•B 




M 


F-t 


kCCO 


CJ3 




05-*0 




00 


i-H 


rH 


50.-I 


00 




lacoo 


,— ( 












'-^ 




CO 


30 


o 


^5 05 


t^ 




000 







CO 


M 


0.-1 






00 «o 




c^ 

















«rt 














^ 


*^ 


V 












'e 


o 


CO 


tH 


0000 







00tJ<O 


■* 


IQ 


CO 


^^ 


tCi|^ 







CO coo 


eg 










»— ' 




•—* 




o 


CO 


ae 


» 05 


CO 




eooo 





C5 


(M 





rfi ^ 







t^o 


CO 


S 




r-H 




l-H 






00 


«rt 














^ 


• .— ' 


. , 


. , 


. . 


. 




. • . 






Sh 














s 


a 


rf 












cj 


.o 


,fcp 












. tn 


<*H 


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, , 


^ 




t, , • 




fcX) 


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<u 




.3 




p 


a? 









II 

-i '■ 




•| 


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to 


• el 



•^ 








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fco 

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to 


p 








3 

to 

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o 


3 

'to 


'S 
p 


3 








.s «> 


t4 


CS 


a 





fcoS 
3 to . 
S so 

■^3 




3g 
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a 
s 


3 


CO 








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. 


• 3 

CO 

d 


r2 



ft 




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. p 
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(D 




3 <^ 






p 

5S 


<2 


• to 

P 






P -w 

p-p 
fco • 

fto 




v,'^ 


■rS 


ri 


a 


Td 




3§ 




u P 


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• 


<a 






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r3 


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ft 

-p 


p "S 


'a 








S3 
32 


p -^ 


P 

3 








is 




ftS 




a 




ij 




HO 








S 







cca2 . 


















■^ 


"e 












-w 


^*^ 


O 


■0 05 OiO 


05 




.-00 




00 


t^ 


-HO 


00 




00© 


«0 

C5 




»— ( 








»— * 




CM 


rx —1 


IHO 


■* 




(MOO 







l-( l-< 




fH 




t-l 


CO 


^ 














^ 


i '8 










0) 


ci 


. . . 




p 


p 




3 


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EQ ;h 














_ -^ 


3 


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3 








05 . S 




ri 
.§ 




p 


s 

1 


. . . 




fcD 


' to 






1/3 


.^ 






O Vr. 


a 


to 




fcp 


^ 






•S &C 




p 












3 '.S 


< "-^ 






.P ^ 


^ 


. • • 




S 3 


3 


*3 




3 


to 






« .i 


rt 


rP 




3 

to 


a 







s « 


• 



<D 




.p 


2 







to to 


.1 


to 




to 

■ p 

ft 

► P 





fco 

■3 • 

to 


3 


)^ • • 

p 
p 




Ive pounds 
nee, 
rtccn poun 


S 

B 


'r 


c? 


p . 



ft 

d -, 



^3 

p 
p 


C 


i) 

-d . . 




P 





CJ 


u 


a 




s 
> 


C"£ 


p . 


"S !=1 


a . . 




o o ^ 


2 





P ^ 


'c 







fe !^0 


a ^ 


i^O 


ft 


^ 


^ 


ft 




H P^ 


3 


(li 




P^ 


H 






1 5^ 
to 3 


-3 


3 


p 


§ 

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g 11 




§ 


§ 


c 


^ 


"ci 


,P i5 




n kh 


cc 


W 


H 


hH 


P4 


UPh 





•«-4M 


p-W 




-<« 






-(« -m 


rS CO 


■-^ 


CO 










CO iC 


Co 

t^CO 


coo 


t^ 







l-H 








F— ' 








t-O 


>co 







t- 


c^i 00 


•^ ^~* 




CO 


C^l 




CX) 


o 


;S(N 


1— t 




CO 






IM r-H 


«rt 
















ooo 


00 







t» -* 


^co 


00 


^ 




'O 


rH *3 




•-^ 








»-H 


rH 


.-(O 


00 










t- r-l 


coo 


oco 






t^ 


tH t)< 


r-5(M 






CO 






IN rl 


«fl 














►d • • 




•J. 






• ^ 


•n • 


p 




,p 






^ 


P 


c3 




• to 






_tp 


c3 
















to • S 




•'3 






• '3 


. to • 


.1" i 




a 






P 


to 

a 


a . g- 


, 


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. * 


■ ^ • 


3 p 




5 to 






to 
_p 


3 


to 




ftp 






to 


v< 














d) p 




ll 






*3 





"S ^ 




M 






■w 


fcr 











^ 


till 
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_p 


rS 
P P 
cj 






• p 


« to 


'§ * 


p .p 

3 to 

. 
ft • 


3 
p 


II 

:=; p 

■ia 

si 






top 

P 3 


a 

a 



• ft • 


3 


p 






to 





p -" 


§ 






c S 


p 


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t: a 


to 
r3 
P 






tp -g 


T 


'•3 'a 



ft 


P ci 

0-3 






^c2 


•^ * 


mdred 
pence, 
undrcd 


Eh 


ft ?* 

o3 

a "^ 






a ci 












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a 


T^ 









s ^ ft 


3 j^-^i 


3 


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p 




f-^ 


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§=2g 


P J^ 









H 


OHH 






tcH 





•e-«' 


-<« 


_ -w 






-t?i -0 


O'*' 


'"' 





<*< 







t^ rH 


cSo 


coo 


IC 




■* 


Oi CO 




»— ' 




l-H 




rH 


f^ 


(0«0 


tHO 










iS) 


r=<<-H 


1-1 




l-H 




l-H 


rH rH 


^ 














i> ' >^ 


c3 • 


•8 




;>< 


P 


• C3 • 


lings and nin 
ence halfpcnn 


|o 
3 

to • 


a 


. ft 

a 
.^ 

a 

ei 




'3 

•:3 
p 
c3 

_p 
3 


. CJ 

to 

-a 
a 

• c3 
?0 

*3 


CO 

. to . 

_P 
.3 . 


s ft 


a 

1 * 


to 




M 


>— ; 




0) . 


a 

3 




a 


3 

• to 






-p . p 

■" Cj 


3 ^ 

to P 


• a 





1 


p 
■3 


-3 kT 


pounds 
pounds 


r3 p 


•tp 

CO 


^ 


a 




_a. 


p =0 a 

II .a 
3 53 

3 ft-a 


r^ CJ l~> 


^ 


3 


^ 


cT _ 


CJ g a 
a S fl 


S " s 

P a 


9 



• ft 


5" 





p§ 

a| 


.d ^.d 


a 


a 


c5 


.H 




00 cc[i< 


.H 




cc 


Pm 


ca 


. 


• 


• • 




~ 


• 


a 



































^ 








ft 


• ' 


• 


*.a 




• 


M 


a 

a 


, p 




J 




a 


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p 


ll 




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2 3 







3 













rt c3 




to 


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f=^fi 




P 


14 


i-4 



58 



Province Laws.— 1742-43. [Chap. 31.] 



g O .-HO00C0.-i.-l 
H '"' ^ '"' 

„ M CO O i.f t-- >0 05 



O OO •* CO QO 
O lO O CO —I .-I 



5 ^ 






• ■ ' a zf^ 
^ tr, SE « tc 5= 

of C _= .S .= tp 



c ;i o 

=i S ft 

P ft p 

c > s 



.^''> sa 
3^ o 

CO o oa 

o 5 o 
ft o ft 



2T5 " 
OtcO 



O ,4-^' fcj si 



t-iOOOOO 
.-lOOOOOO 

oo-*ooo 






Ph tp 
"cfi « 

a: 



• ia 



so 



1 • •§ 



P< C 



O 



«rt 






X3 

. to - 

-'= 9 rT 

P ^2 S ~ 

P^ o trjrt >% 



'« 






















f 


.-1 




oeo 




(M 


T*< 00 




.-( 


ooo 




to 


t- 




coco 




00 


o.-< 




t- 


ooo 


:! 




rH 




i— ( 










.— . 






<M 


O 




'OC^I 




CO 


t^C5 




-* 


CTs O CO 


l.-O 


O 


CD 




(MO 




CO 


t^CO 




t^ 


CO-*i i-i 


L-Tl 


(M 


(N 




















■41 




















^ 


§ 


00 




COO 




00 


ooo 




Tj< *ooo 


-a 

00 


t-l 


-^ 




.-1 o 




CO 


lO-^ 




CO 


ooo 


i 


e*5 


(M 




NCO 




CO 


005 




OS 


C50CO 


r->. 


00 


O 




.-130 




o 


coco 




o 


CO-* ^ 


'O 




(M 


















o 


=4 




















55 


■*J * -M 


~ 


4i 


• . 


-3 




• • 






. . . 




,^ .a 




^ 




g 














_tc _fcp 




tp 


c3 




































'3 rs 




"3 
-3 








CJ 






. . . 




c a 




a 






o 




!D 






c3 . c3 


^ 


rt 


^ 


^ 








Oh 


. • • 




ling 
ing 




tl 




3 




3 




3 








_C 




CO 




tc 




a 






173 • ^ 




S 


• • 


el 




.'S 




•d 


. . . 




» 3 




3 




o 




-3 
a 




c3 






§ S 

'5 . ^ 


• 


o 
a 
o 


oT 


x 








a 


. . . 








•1-3 




o 










ity-three poun 
y-two pound 




S 
1 


> 

c 


o 

ft 

o 




.£ d 
3S 

§-3 




1 

el 

3 
.tp 


to 

• ..9 

3 




to (2 

'3 






■ 5-3 










a . CO 

o -c 






O 




Tr. 

"b 
ft.tp 


-3 

Is 

33 

§•3 


5§ 

s 

.23 




o 

ft 
o 

S 

3 


ft^ a 

o S o 

b^« 

3S.SP 




o "h 




O 


HO 




KH 




cc 


HPh« 




-^ 






















-<« 












-m 










o 


■o 




oo 




CO 


•* o 




Ci 


ooo 


03 


G^ 


J3 




lOCO 




t-l 


ICO 




oo 


ooo 


to 

CO 


CO 
















.— * 






Ci 


"fl 




cOTti 




o 


coo 




•^ 


©oo 


CO 












.— i 










o 


«2 




















Hi 


c "3 






• • 




aTa 




o 

a 








^ c3 














3 








and 
ings 










.2 3 




1 








.S "S 






ll 




"^ to 

-3 tr 




CO 

tc 














.S C 




rt ;:3 


































3 s 

o 






"SS 




tn3 




3 

CO 








§ "S 






is 




3 s 




S3 








■S " 










CO o 




O 








*! t^m 






CR« 




n« 


^ ■ 


?r 








n pounds 
halfpcnn 
n pound 


cT 

O 

c 

o 




Sft 




o ^ 

s S 

ft 


3 , 
"3 


tc 

3 

CO 

c 
g 








o o o 
o y ^ 

g § =: 
£ftS 


ft 




is 

3 o 




if 


o 
o 

ft 


ft 
o 


3 

ft 






;z; Ph 






HP^ 




Ecc 




fh 








.. b 






-g . 




3''p 

P 


"3 


"3 

s 
p 

o 




. a - 

3'o-^ 
■t; 3 &: 




York 
Kitte 






P 




IS 


•< 


CJ 


o 


2 j; =3 





[3d Sess.] 



Peovixce Laws. — 1742-43. 



59 



"« 


"« 


-tf-^—. 


-« 


c?-^oo 


CO 


cc 


00 


^tOr-l 


Ci 




»— ' 


<N"S 


^ 


Cr wrO 


O 


M 


=5 


"tt 


-« 


co^oo 


00 


sScOr-l 


45 


»-H 




o c^ en 


"M 


-# coco 


■O 


«♦< 


^ 






cT . . 




o ., 




P o 




5 iJ .r 




&i^ 










TtH"? 










"^ol* 




'3'" to 




C-:3-4^ 




ei = -^ 




a- :i-d 




W- v: ~ 








S .= rP 












.cn=::=! 












C ^-3 




o o « 












"■ -j; M 




5 5 i 
S o o 




ft"^ 




, cj c^ 




<^ S ci 




•P.S a 




*T ■*-: ^* 




ti>i,^ 




n-^ 




fi^xH 




^ 


-s 


-iO 


-HC^ 


t^oo 


t^ 


tioo 


t-- 


1— ' 


'—* 


C-IOO 


C-1 






til 


^ 


-a • • • 




c 




03 




M " * * 




to 




c 




















.a 




to. 




C * " ' 




CJ 




<D .> 




cb • • 




t, — 




> P 




o o 




os.ft • • 




Ct-l 








02 c3 












£ o • • 




p o 




o S 




fto . , 












o s 




;- " 








p O 




^ a. 




H . . 




" ' • 




c ' * 




^ ^ 








O "i- ^ 




"S s '-^ 












to —^ 




'S .= .2 




H OH 





S, -(N -o -♦:)<*)<-«< w* 


Jot-— 'CSOOICM 


<! • -' 




J?(S^mo05coi--t- 


,j r-, CO CO t~ 1^ CO c 


-H t-^ 


U -* 


-1 CD 


p o '^„®,'~1"^^''* ^11 


to lo" •*" co" i-T i-T i-( 


<M 


Hi 








4<00-*00(»0-*0 


CO.-HCO'-lOOQOO 


,— ( I— t T-H t-H t-H 




uaiMrHC^IOl-OCltMll 


CO CN «3 t^ O CO 




eo Oi«^<==1,'^=° =" II 






lo eo ef i-T i-T r-T 


I-H 


«rt 




j- .Q 'C -Ol •!- -C •TO 


• o • 


o a 5 to o o to 


> 


o o cj O <a +^ C 


en 


.4J ^ .ij .^ .k:) ._..-• 




pounds thir 
two pounds 
pounds thir 
eleven shill 
pounds six 
-live pounds 
3 eight shill 


i 

Ol 

.-^3 . 

a 


3 


O 


• ft • 


.X. 

ty-five 
iventy- 
y-four 
ounds 
d six 
eighty- 
pound! 


> 


^ 


1 "^^ '> ^ p" ft C2 

k-s •:: •« -o -^ •'2 •§ 


_'3 . 




PROVINCE 

roe hundred 
iiirpencc, 
nine hundrc 
;hfpcncc, 
ven hundred 
iiirpeuee, 
d scvcnty-tw 

VO hundred 
ghtpcncc, 
c hundred a; 

,nd thirty-ni 


c3 

• P ' 


■^ 

o 


to M S "* O! a y .S ^ X y -y. — 
C t£_2 be S tc i be = £C s if. r 


§1 • 


3 S£ to 




2 5.5 






-*-'— O— -i.i^-^f^'*-'^^'^— +.S 


■3'S:3 


|l|iii§§2^2l|c 


3 "-^ 


eS a to 


P4 H H O O O H 


o 


Si HJl -W MS M'i' -«) rt-C 


00 .-1 «>. i-H Tjt o 


.-1 (M 


, i-H 




J? C5 (M U5 <M 00 


3> (M 




»— • 


^ r-l -* lO O CO 


O (M 


U3 <M ■*! C5 lO (M 


» 'O 


C^ CO CO 1-H i-l 


■-C 


tfj 




C 'o '^ 'cs •»":3 •>, 
a> fl •-" to « e 


•J, • 




PAY. 

lounds fifte 
thing, . 
pounds ni 
aifiienny, 
iiids two sh 

llings and 

clve shillin 

c pounds ai 

and a peni 


* o • 
o to 

-3 




Ti ^ 


^ !: a c '-^ m>>-^^"--5 




H >.3-ft.3 cr> • S 3-s-.=i 

Sp3 o<i3 5 £i:o^tn« 

"llJlill-E'Hl'ill 


tl 
ill 

3 2 cs 


^ioio?4-||S|3^ 


S^ ?o 


^to^x_2.::;.5ft2c3-;0.iC 


^g^ 


H H H (2; O O W 


O 


. . M w" «" - .S 




• w tf a a g 




Suffolk, 

Essex, 

Middles 

IIampsiii 

Wokcest 

Plymout 

Barnsta: 


o 

OD 

(5 



60 



Peovince Laws. — 1742-43. 



[Ckap. 31.] 





"B 


-« 






h9 


lO 


CO 







-5 


09 








H 


in 


Oi 







O 
H 


>-< 








>o 


^ 


00 




S 


>o 


CO 


CO 




P 


•~i^ 








00 


tlj 










'a 






tj 




00 


00 


00 







^ 






fri 




'"' 


'"' 


CO 







t^ 


IM 


^ 







>•:) 


»o 


:o 







o 
































irt 






(M 


•M 


•4I 


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[3d Sess.] Peovixce Laws. — 1742-43. 61 

And be it further enacted, 

[Sect. 2.] That the treasurer do forthwith send out his warrants 
directed to the selectmen or assessors of each town or district within 
this province, requiring them, respective!}', to assess the sum liereby 
set upon such town or district in manner following ; that is to sa}', to 
assess all rateable male polls above the age of sixteen years at four 
shillings and twopence per poll, and proportiouabl}^ in assessing the 
fines mentioned in this act, and the additional sum receiv'd out of the 
treasury, for the payment of the representatives (except the governour, 
lieutenant-governour and their families, the president, fellows and 
students of Harvard College, setled' ministers and grammar school- 
masters who are hereb}^ exempted, as well from being taxed for their 
polls as for their estates, being in their own hands and under their 
actual management and improvement); and other persons, if such there 
be, who, thro' age, infirmit}', or extream povert}', in the judgment of 
the assessors, are not capable to pay towards publick charges, they 
may exempt their polls and so much of their estates as in their pru- 
dence the}' shall think fit and judge meet. 

[Sect. 3,] And the justices in the general sessions,in the respective 
counties assembled, in granting a count}' tax or assessment, are hereby 
ordered and directed to apportion the same on the several towns in such 
county in proportion to their province rate, exclusive of what has been 
paid out of the publick treasury to the representative of such town for 
his service ; and the assessors of each town in the province are also 
directed in making an assessment to govern themselves by the same 
rule ; and all estates, both real and personal, lying within the limits 
of such town or district, or next unto the same, not paying elsewhere, 
in whose hands, tenure, occupation, or possession soever the same is or 
shall be found, and also the incomes or profits, which any person or 
persons, except as before excepted, do or shall receive from any trade, 
faculty, business, or employment whatsoever, and all profits that shall 
or may arise by money or other estate not particularly otherwise as- 
sessed, or commissions of profit in their improvement, according to 
their understanding and cunning, at one penny on the pound, and to 
abate or multiply the same, if need be, so as to make up the sum set 
and ordered hereby for such town or district to pay ; and in making 
their assessments to estimate houses and lands at six years' income of 
the yearly rents, in the bills last emitted, whereat the same may be 
reasonably set or let for in the place where they lye : saving all con- 
tracts between landlord and tenant, and where no contract is, the 
landlord to reimburse one half of the tax set upon such houses and 
lands ; and to estimate Indian, negro and molatto servants proportion- 
ably as other personal estate, according to their sound judgment and 
discretion ; as also to estimate every ox of four years old and upwards at 
forty shillings in bills of the last emission ; every cow of three years old 
and upwards, at thirty shillings ; every horse and mare of three years 
old and upwards, at forty shillings ; every swine of one year old and up- 
wards, at eight shillings ; every goat and sheep of one year old and 
upwards, at three shillings : likewise requiring the assessors to make 
a fair list of the said assessment, setting forth in distinct columns, 
against each particular person's name, how much he or she is assessed 
at for polls, and how much for houses and lands, and how much for per- 
sonal estate and income by trade or faculty ; and the list or lists so 
perfected and signed by them, or the major part of them, to commit to 
the collectors, constable or constables of such town or district, and to 
return a certificate of the name or names of such collectors, constable 
or constables, together with the sum total to each of them committed, 
unto himself, sometime before the last day of January. 



62 



Province Laws.— 1742-43. [Chap. 31.] 



Preamble. 



Transient trad- 
ers to be rated. 



[Sect. 4.] And the treasurer for tlie time being, upon the receipt of 
such certificate, is liereby inipoweretl and ordered to issue forth liis 
warrants to the collector, constable or constables of such town or dis- 
trict, requiring hira or them, respective!}', to collect the whole of each 
respective sum assessed on each particular person, before the last day 
of May next ; and of the inhabitants of the town of Boston, sometime 
in the month of INIarch next ; and to pay in their collection, and issue 
the accompts of the whole, at or before the last da}^ of June, which 
will be in the year of our Lord one thousand seven hundred and forty- 
three. 

And be it further enacted, 

[Sect. 5.] That the assessors of each town and district, respectively, 
in contenient time before their making the assessment, shall give 
seasonable warning to the inhabitants, in a town meeting, or by posting 
up notifications in some place or places in such town or district, or 
notif}' the inhabitants to give or bring into the assessors true and per- 
fect lists of their polls, rateable estate, and income by trade or faculty. 
And if any person or persons shall neglect or refuse so to do, or bring 
in a false list, it shall be lawful to and for the assessors to assess such 
person or persons, according to their known ability in such town, in 
their sound judgment and discretion, their due proportion to this tax, 
as near as they can, agreable to the rules herein given, imder the pen- 
alty of twenty shillings for each person that shall be convicted by legal 
proof, in the judgment of the said assessors, of bringing in a fatee list ; 
the said fines to be for the use of the poor of such town or district 
where the delinquent lives, to be levied by warrant from the assessors, 
directed to the collector or constables, in manner as is directed for 
gathering town assessments, and to be paid in to the town treasurer or 
selectmen for the use aforesaid : saving, to the part}^ aggrieved at the 
judgment of the assessors in setting forth such fine, liberty of appeal 
therefrom to the court of general sessions of the peace within the 
county, for relief, as in case of being overrated. And if any person or 
persons shall not bring in a list of their estate as aforesaid to the 
assessors, he or they so neglecting shall not be admitted to make 
application to the court of sessions for an}' abatement of the assess- 
ment laid on him. 

[Sect. 6.] And if the party be not convicted of any falseness in the 
list, by him presented, of polls, rateable estate, or income b}^ any trade 
or faculty, business or employment, which he doth or shall exercise, or 
in gain b}' mone}^ at interest or otherwise, or other estate not particu- 
larly assess'd ; such list shall be a rule for such person's proportion to 
the tax, which the assessors may not exceed. 

And forasinucli as ofttimes sundry persons, not belonging to this 
province, bring considerable trade and merchandize, and by reason 
that the tax or rate of the town where they come to trade and traffick 
is finished and deliver'd to the constable or collector, and before the 
next j-ear's assessment are gone out of the province, and so pay nothing 
towards the support of the government, tho', in the time of their residing 
there, they reap'd considerable gain by trade, and had the protection 
of the government, — 

Be it farther enacted, 

[Sect. 7.] That when any such person or persons shall come and 
reside in any town of this province, and bring any merchandize, and 
trade and deal therewith, the assessors of such town are hereby impowred 
to rate and assess all such persons according to their circumstances, 
pursuant to the rules and directions in this act providen, tho' tlie former 
rate may have been finished, and the new one not perfected as afore- 
said. 



[3d Sess.] Province Laws.— 1742-43. 63 

And he it further enacted, 

[Sect. 8.] That when anj' merchant, trader or factor, inhabitant of 
some one town within this province, shall transact or carr}- on trade and 
business in some other town in the province, the assessors of such tow^n 
where such trade and business shall be carried on as aforesaid, be and 
hereby are impowcrcd to rate and assess all such merchants, traders 
and fact(M's, their goods or merchandize, for carrying on such trade and 
exercising their faculty in such town, pursuant to the rules and direc- 
tions in this act. 

[Sect. 9.] And the constables or collectors are hereb^^ enjoy ned to 
lev}- and collect all such sums committed to them, and assess'd on per- 
sons who are not of this province, or are inhabitants of any other town 
as aforesaid, and pa}' the same into the town treasury. 

And be it further enacted, 

[Sect. 10.] That the inhabitants of this province shall have liberty, Tax may be 
if they see fit, to pay the several sums for which the}' may respectively specics.'besuies 
be assess'd at, as their proportion of the aforesaid sum of twenty thou- the bills emitted, 
sand pounds, in bills of credit of the last emission, or in bills of credit 
of the middle tenor, so called, according to their denominations, or in 
bills of the old tenor, accounting four for one ; or in coined silver, at 
the rate of six shillings and eightpence per ounce, troy weight ; or in 
gold coin, at the rate of four |)0unds eighteen shillings per ounce ; or 
in good, merchantable hemp, at fourpence per pound ; or merchantable 
flax, at fivepence per pound ; or in good, merchantable, winter, Isle-of- 
Sable codfish, at ten shillings per quintal ; or in good, refined bar-iron, 
at fifteen pounds per ton ; or bloomery-iron, at twelve pounds per ton ; 
or in good, hollow iron-ware, at twelve pounds per ton ; or in good 
Indian corn, at two shillings and threepence per bushel ; or good winter 
rye, at two shillings and sixpence per bushel ; or good winter wheat, at 
three shillings per bushel ; or in good barley, at two shillings per 
bushel ; or good barrel pork, at two pounds per barrel ; or in barrel 
beef, at one pound five shillings per barrel ; or in duck or canvas, at 
tv,-o pounds ten shillings pei' bolt, each bolt to weigh forty-three pounds ; 
or in long whalebone, at two shillings and threepence per pound ; or 
merchantable cordage, at one pound five shillings per hundred ; or in 
good train-oyl, at one pound ten shillings per barrel ; or in good bees- 
wax, at tenpence per pound ; or in bayberry-wax, at sixpence per 
pound ; or in tryed tallow, at fourpence per pound ; or in good pease, 
at three shillings per bushel ; or in good sheepswool, at nincpence per 
pound ; or good, tann'd sole-leather, at fourpence per pound : all which 
aforesaid commodities shall be of the produce of this province, and, as 
soon as conveniently may, be disposed of by the treasurer to the best 
advantage, for so much as they will fetch in bills of credit, or for silver 
and gold ; and the several persons who pay their taxes in any of the 
commodities before mentioned, shall run the risque and pay the charge 
of transporting the same to the province treasury. 

[Sect. 11.] And if any loss shall happen by the sale of any of the 
aforesaid species, it shall be made good by a tax the next year ; and if 
there be a surplusage, it shall remain a stock in treasury. [^Passed 
January 6, 1742-43, 



64 



Province Laws.— 1742-43. [Chap. 32.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Thirty-first day of March, A. D. 1743. 



The times and 
places of hold- 
ing inferior 
courts and 
courts of gen- 
eral sessions of 
the peace. 

1699-1700, oh. 1. 
1704-170.'., ch. 1. 
170S-1709, ch. 9. 
1711-12, chap. 3, 

1712-13, chap. 5. 
1715-16, chap. 2. 
1719.20, chaps. 
4,5. 

1722-23, chap. 13. 
1725-26, chap. 6. 
1727-28, chap. 16. 
1728-29, chap. 19. 
1735-36, chap. 3. 
1736-37, chap. 21. 
1740-41, cliap. 5. 
1712-43, chap. 10. 



Times and 
places of hold- 
ing the superior 
courts, &c. 

1699-1700, ch. 3. 
1703-1704, ch. 8. 
1711-12, chap. 3. 
1714, chap. 9, §6. 
1715-16, chap. 20. 
1717-18, chap. 8. 



CHAPTER 32. 

AN ACT FOE, FIXING THE TIMES FOR HOLDING THE SUPEIlI0[f7]R 
COURTS OF JUDICATURE, COURTS OF ASSIZE AND GENERAL GOAL 
DELIVERY, AND COURTS OF GENERAL SESSIONS OF THE PEACE, 
AND INFERIO[C/]R COURTS OF COMMON PLEAS, WITHIN THE SEV- 
ERAL COUNTIES IN THIS PROVINCE. 

Be it enacted by tlie Governo\_ii]i\ Council and House of Representatives^ 
[Sect. 1.] That the times and places for holding and keeping the 
courts of general sessions of the peace, and inferio[?t]r courts of com- 
mon pleas within the respective counties in this province, for the future, 
shall be as followeth ; that is to saj^ for the county of Suffolk, at - 
Boston on the first Tuesda}- of Jul}', October, January and April ; for 
the county of Essex, at Salem on the second Tuesday in July and last 
Tuesday in December, at Newbury on the last Tuesday in September, 
at Ipswich on the last Tucsda}^ in March ; for the county of Middlesex, 
at Cambridge on the third Tuesday in Ma.y, at Charlestown on the sec- 
ond Tuesday in December and March, at Concord on the last Tuesday in 
August ; for the county of Hampshire, at Springfield on the third Tues- 
day in May and last Tuesday in August, at Northampton on the second 
Tuesday in February and iS'ovember ; for the county of Worcester, at 
Worcester on the first Tuesday in November and February, the second 
Tuesday in May, and the third Tuesday in August ; for the county of 
Plymouth, at Plymouth on the first Tuesday in March, on the third 
Tuesday in May, September and December ; for the county of Barn- 
stable, at Barnstable on the last Tuesday in June, and on the third 
Tuesday of March, October and January ; for the county of Bristol, at 
Bristol on the second Tuesday in March, June, September and Decem- 
ber ; for the county of York, at Y^ork on the first Tuesday of April, 
July and January, at Falmouth on the first Tuesday in October ; for 
Dukes County, at Edgartown on the first Tuesday in March and last 
Tuesday in October ; for the county of Nantucket, at Sherburn on the 
last Tuesday in March and first Tuesday in October, yearly, and in every 
year, from time to time. 
And he it further enacted^ 

[Sect. 2.] That the times and places for holding and keeping the 
superio[w]r court of judicature, court of assize, and general goal deliv- 
ery shall, for the future, be as followeth ; that is to say, within and for 
the county of Suffolk, at Boston on the third Tuesday in August and 
February ; within and for the county of Essex, at Salem on the second 
Tuesday in November, at Ipswich on the second Tuesday in May ; 
within and for the county of Middlesex, at Cambridge on the first 



[4th Sess.] Province Laws. — 1742-43. g5 

Tuesday in August, at Charlestown on the last Taesda}- in January ; 1720.21, chaps. 
within and for the county of Hampshire, at Springfield on the fourth ]'-;of'ch 
Tuesday in September; within and for the county of "Worcester, at iT24!25,?hap!ii. 
Worcester on the third Tuesday in September; within and for the nssil^j'^c'hTp.^g.' 
county of Plj^mouth, at Plymouth on the second Tuesday of Jul}- ; n35.36;chap.'24; 
within and for the county of Barnstable and Dukes Count}', at Barn- i74o.4i|chap.i3." 
stable on the third Tuesday in July; within and for the county of ^' *^-^-' '^^^p- i^- 
Bristol, at Bristol on the fourth Wednesday in October ; within and 
for the county of York, at' York on the third Wednesday in June, 
yearly, and in every year, from time to time, until this court shall order 
otherwise. [Passed April 23, 1743. 



CHAPTER 33. 

AN ACT IN ADDITION TO THE SEVERAL ACTS FOR REGULATING 

FENCES. 

Whereas the several laws already made are ineffectual for obliging Preamble. 
persons to make and maintain partition-fences between their lands 1693.94, chap. t. 
under improvement, whereby the aggrieved parties are put to great nislig^^chap.'s. 
expence and charge in forcing a compliance by the rules of the law, — 1727.28,' ehap.'i3! 
Be it enacted by the Governour, Coxincil and House of Representatives, "^^'*^ ^^'^^' 
[Sect. L] That from and after the first day of May next, that the Ruieaforthe 
respective proprietors of all lands enclosed with fen(3e, shall keep up tufonfenceif'^' 
and maintain partition-fences between their and the next adjoining 
enclosures, in equal halves according to law, so long as both parties 
continue to improve the same, and in case either party lay his enclosure 
common, the party improving shall allow for his half of said partition- 
fence what the same shall be judged worth, in the estimation of two or 
more of the fence-viewers of such town ; and if au}^ person shall 
enclose such land afterwards, or, by joining fences with another, 
enclose his lands before 13'ing common, he shall thereupon pa}- to the 
person who owns the partition-fence the value of one half of the same, 
in the judgment of the fence-viewers as aforesaid ; and all partition- 
fences hereafter to be made, shall be in like manner done and main- 
tained by the improving parties in equal halves ; and in case either 
party refuse, after six days' notice, to make up his half thereof, the 
aggrieved party shall forthwith apply himself to two or more of the 
fence-viewers of such town, who hereby are impowered and enabled to 
make up the same according to law, and upon such person's refusal, 
who ought to pay for the same, with their costs and charges thereon, to 
prosecute and sue for it in any court of law proper to try the same. And 
in case any dispute shall arise about the respective owner's right to any Methods for 
part of such fence, and his or their obligation to maintain the same, dispu™s°!ibout 
upon application made to two or more of the fence-viewers of such the charge of 
town where the land lies, they are hereby impowered to assign to each ^^ 
party his share thereof; and such settlement being recorded in the 
town-clerk's office, shall be binding upon such persons, and they 
obliged alwaj-s thereafter to maintain their part of said fence as afore- 
said ; and in case au}^ of the parties aforesaid refuse or neglect, after 
six days' notice given, to erect, keep up and maintain the partition- 
fences as is by this act prescribed, upon application made to two or 
more of the fence-viewers aforesaid, they shall do or cause the same to 
be done at the cost of the person neglecting his duty, who, in case of 
refusal, shall be liable to the suit of such fence-viewers for the recovery 



66 



Province Laws.— 1742-43. [Chap. 34.] 



thereof, in manner as aforesaid, who shall be allowed double for all 
their charge and expence in procuring materials, and doing the work- 
manship thereof: saving, always, to every person and persons, any 
particular agreement touching the making and maintaining partition- 
fences between their lands. [Passed April 23, 1743. 



CHAPTEK 34. 

AN ACT TO ENABLE THE TOWN OF WEYMOUTH TO REGULATE AND 
ORDER THE TAKING AND DISPOSING OF THE FISH CALLED SHADD 
AND ALEWIVES, WITHIN THE LIMITS OF THAT TOWN. 



Preamble. 



Town of Wey. 
mouth to regu- 
late the fishing 
at Whitman's 
Pond. 



Proviso for the 

neighboring 

towns. 



Justices to 
appoint persons 
for the neigh- 
boring towns. 



Whereas the town of Weymouth, in the county of Suffolk, have 
been at considerable expence and charge in purchasing and opening a 
water passage for the fish called shadd and alewives from the sea into 
a pond called Whitman's Pond and Great Pond, being wholly within 
the bounds of said town, it seems reasonable and but just that the sole 
ordering the taking of said fish, and the disposition of them when 
taken, should be wholly vested in said town of Weymouth ; to w[7a]ch 
purpose, — 

Be it enacted by the Governour, Council and House of Mepresent- 
[_ati^ves, 

[Sect. 1.] That from and after the publication of this act, it shall 
and may be lawful[l] for the inhabitants of the said town of Wey- 
mouth, at a meeting regularly assembled for that purpose, from time to 
time during the continuance of this act, to determine and order how, 
in what manner, by whom and what place or places, time or times in 
the year, the said fish may be taken within the town aforesaid, and 
shall cause a copy of such order, attested b}^ the town clerk, to be 
posted up in some publick place in s[ai]d town of Weymouth, where- 
unto all persons shall conform with respect to the taking and disposing 
of said fish, on penalty that the offender against the same shall forfeit 
and pay the sum of ten shillings for each offence, to be recovered before 
any justice of the peace, b}^ the treas[t«j'e]r of the town of We3^mouth, 
and applied, the one moiety to the poor of the town of Weymouth, and 
the other to him or them that may sue for the same. 

Provided, 

[Sect. 2.] The said town of Weymouth do, for the benefit of the 
neighbouring towns, appoint one or more meet person or persons to fish 
for their supply during the usual season, and give publick notice on or 
before the twentieth of this instant April, and, for the future, on or 
before the first day of April annuall}', of time, place, person or persons 
by which they are to be supplied, and for such fish so supplied and 
delivered, that the said town of Weymouth, or those employed by 
them, shall demand or receive no more than fourpence per hundred for 
alewives, and six shillings per hundred for shadd, and so in proportion 
for a greater or lesser quantity. 

And provided, also, 

[Sect. 3.] That if the person or persons appointed by the s[ai]d 
town of Weymouth for the purpose afores[ai]d, shall neglect or 
refuse that service, upon application of any two or more persons 
aggr[ei][ze]ved to the two next justices in the neighbouring towns, 
they may appoint one or more meet person or persons, which shall be 
subject to the general orders of said town respecting the fisher}'- afore- 
said, and who shall give sufficient security, to the acceptance of the 



[4th Sess.] Province Laws. — 1742-43. QJ 

afores[a/]d justices, to render and pay to the treasm-er of the said 
town of We3mouth the full produce of his or their fishing, at the rates 
aforesaid, after a reasonable deduction being made at the discretion of 
the justices aforesaid for the said person or persons' time and labour 
therein ; saving, always, to the Indians the right of fishing in the ponds 
afores[ai]d, and the water-passages leading thereto. 

[Sect. 4.] This act to continue and be in force for the space of 
three years from the publication thereof, and no longer. [PassecZ April 
23 ; piiblislted April 30, 1743. 

Notes. — There were four sessions of the General Court this year ; but no acts were passed 
at the second session, which began September 2, and ended September 10. 

The engrossments of all the acts of this year are preserved, except of chapters 31 and 33, 
and all the public acts were printed, except chapter 30. 

The following is the title of the only private act passed this year : — 

" An Act to take off the Entail from certain Lands in Ipswich in the County of Essex, 
late the Estate of John Wainwright, Esq"", Deceased, & to enable Christain WainvsTight, 
his Relict, Widow, to sell the .same." {Passed June 18. 

This was disallowed by the Privy Council. 

The acts of the first session, and also chapter 31, were delivered by Mr. Kilby, the agent 
of the province, to the clerk of the Privy Council, in waiting, July 8, 1743. The acts of 
the first session had been duly certified for transmission, at Boston, on the 13th of October, 

1742, and chapter 31 was certified, in like manner, January 25, 1742-43. They were laid 
before the lords justices four days after their reception, and immediately referred to a 
committee, upon whose report they were submitted to the Board of Trade, July 24, 1743. 
The Board of Trade, in turn, referred them to Mr. Fane for his opinion in point of law, 
who, February 29, 1743-44, reported them back as unobjectionable. From time to time, 
during the month of November, 1745, they were discussed by the Board of Trade. The 
Board agreed upon a report, April 10, 1746, a draught of which was prepared and signed 
seven days later. 

In this repoi't, chapters 1, 4, 5, 6, and 7 are declared to have expired, and the purposes 
for which chapters 2, 3, and 31 were enacted are declared to have been completed. With 
regard to chapters 8, 9, 10, and 11, " relating to the Occonomy of the Province," the Board 
say, they "are enacted for the private convenience" of the Province, "and we see no 
reason why His Majesty may not be graciously pleased to coilfirm them." 

The acts of the third session were filed with the clerk of the Privy Council, Augtist 24, 

1743, read, and referred to a committee, September 8, 1743, and, seven days later, read in 
committee, and referred to the Board of Trade, by whom they were submitted, in regular 
course, to Mr. Fane. Mr. Fane reported, on the second day of February following, that, 
as these acts " relate to the Affiiirs of the Province, and seem calculated for the well order- 
ing and governing the same, I have no objection to any of them." 

The Board of Trade reported, April 30, 174G, that chapters 14, 18, 20, 21, 22, 24, 26, and 
29 " were for a temporary service and are cither expired or the purposes for which they 
were enacted have been completed," that chapters 12, 13, 15, 16, 17, 19, 23, 25, 27, and 28, 
" relating to the private Oeconomy of the Province, are enacted for the better convenience 
thereof, and We see no reason why His Majesty may not be graciously pleased to confirm 
them." Chapter 30 was specially reported upon, as shown inthe note to that chapter, post. 

In accordance with this report, the Priw Council passed an order, May 28, 1746, con- 
firming chapters 8, 9, 10, 11, 15, 16, 17, 19, 23, 25, 27, and 30. 

No record of any action of the Home Government, on the acts of the fourth session, has 
been discovered. The Lords of Trade, in their report, June 4, 1752, on chapter 16 of the 
acts of 1749-50, reviving chapter 34 of the acts of 1742-43, represented that the latter act 
did not appear to them " to have been ever laid before His Majestj-." It is important to 
observe, however, that, in the records of the Board of Trade, a similar representation is 
minuted against chapters 18 and 22, which were revived and continued by chapter 17 of the 
acts of 1745-46 — the act then under consideration— notwithstanding those chapters had, un- 
questionably, been laid before the Privy Council, and formally acted upon by them, as 
stated above. 

Chap. 5. " April 13, 1742, An Ordinance for the present Regulation of Fees : — Having » 

been read Three several times in the House of Representatives "and by them Pass'd to be 
an Ordinance of this Court and to be held valid for and during the time limited therein and 
no lonser. In Council : Read Three times & Pass'd a concurrence." — Council Records, 
vol. XVII., b. 3, p. 3S5. 

" June 23, 1743. In council Whereas the Act entitled an Act for establishing and better 
regulating Fees within this Province, passed in the Sixteenth Year of this present Majcstys 
Reign, will expire the fifth day of July next ; and it is apprehended the Court will speedily 
rise so that there will not be opportunity to revive the said Act or make the provision which 
is necessary in that case until the next Session of this Court : Therefore 

Ordered "that the several Officers in said Act mentioned be and hereby are directed to 
take no other Fees than what is directed to in said Act, for the respective services therein 
mentioned. 

In the House of Represent^<=s j Read and concur'd "—Ibid., b. 4, p. 108. 

Chap. 7. " June 30, 1742, In the House of Represent^''' ; Ordered that the Treasurer 
be directed and impowercd to pay the Members of the General Court for their Travel and 
Attendance the present Session out of the surplusage for the £6500 Appropriation for 



(68 Province Laws.— 1742-43. [Notes.] 

repairing Forts and Garrisons &<= and that as soon as the Committee shall have struck off 
and signed the Bills ordered to be emitted by the present Supply, he refund the same out 
of the money thereby appropriated for those purposes respectively. 

In Council ; Read and Concur'd : Consented to, "W. Shirley." 

—Couticil Records, vol. XVIL, b. S,p. 449. 

Chap. 9. "April 15, 1743 A Petition of Edward "Winslow and Timothy Ruggles pray- 
ing for an allowance from this Court for their time and expence in attending a Court of 
Oyer and Terminer held at Nantucket in August last for the trial of one Harry Judo (an 
Ilidian) for niurther, the lirst of the Petitioners as Clerk of the said Court, and the other as 
Attorney or Counsel for the King. 

In the House of Represent^''* ; Read and Ordered that the sum of Eight Pounds be 
allowed and Ri'antcd to be paid out of the publick Treasury to the Petitioners, in full con- 
sideration for 'their services herein mentioned. In Comicil ; Read and Concur'd. 

Consented to, ^ W. Shirley." 

— Ibid., p. 667. 

Chaps 3 and 14. " Jan^ 14 : 1742. In the House of Representees Voted that the Com- 
mittee for Signing the Publick Bills be directed to cause the following Alterations to be made 
in the Plates, viz* — in the Middle Plate, the Four Shilling Bill to be altered to Half a 
Crown, and the Three Shilling Bill to fifteen pence ; and that in the lowest Plate, the Two 
Shilling Bill to be altered to Nine Pence, and the Eight Peny Bill to three pence ; and 
that one half of the sum in Bills to be struck off, be from the first Plate, one thousand 
pounds from the lowest Plate, and the remainder from the Middle Plate. 

In Council ; Read and Concur'd, Consented to. "W : Shirley." 

— Council Records, vol. XVIL, b. 3, p. 609. 

" June 8 1743. In the House of Represent''''^ ; Whereas it appears to this court that 
from the Year One Thousand seven hundred and twelve to the Year One Thousand 
seven Hundred and forty two, it has been the uninterrupted practice of the Executive 
courts within this Province, in chancering penalties upon all Bonds and Mortgages, the 
condition of which has been the payment of Bills of credit or lawful Money, to make up 
Judgment for the nominal sum exprcss'd in the condition of such Bonds, with the addition 
of Interest due thereon; and executions awarded on said Judgments have been levied by 
the Sheriff for the value of the nominal sum, in Bills of credit of the Old Tenor; and said 
sum in said Bills have been continually accepted by the creditor in satisfaction of his Debt : 

And whereas it further appears, that the Intent and Expectation of those persons who 
have from time to time borrowed and lent any sum or sums of Bills of credit on penal 
Bonds and Mortgages (except where the value of the Bills of credit has been fixed and 
ascertained) has been to pay and be paid the same nominal sum in Bills of credit again, 
and to run the risque of their rising and falling in value : and the aforesaid practice of the 
courts, and the said Intent and Expectation of the Parties, have had an influence upon all 
trade and dealing throughout the Province : 

And whereas the aforesaid practice of the Executive courts in making up Judgments on 
such Bonds & Mortgages being known to be established as aforesaid, this court did in and 
by two several acts made & passed in the Fifteenth and Sixteenth years of His present 
Majesty, the first of which is entitled an Act for supplying the Treasury with the sum of 
Fifteen Thousand Pounds &c and the other an Act for supplying the Treasury with the 
sum of Twelve Thousand Pounds &c enact and declare that any Debt contracted before 
the thirty first dav of October 1741 which might have been paid and discharged by Prov- 
ince Bills of the Old Tenor, and also any Debt contracted between the said thirty first of 
October 1741 and the first of April 1742, where the contracting parties have not expressly 
otherwise agreed, may be discharged by Bills by the said Acts emitted, in proportion of 
one to four. 

And whereas the Judges of some of the Inferior Courts of Common Pleas and of His 
Majestys Superior Court of Judicature have of late, in making up Judgments for debts 
upon such Bonds and Mortgages, made an allowance to the creditor for the depreciating of 
the Bills of credit mentioned in the condition or Proviso of such Bonds or Mortgages from 
the value they were of at the time of contracting the debt, contrary to the common con- 
struction of such Bonds and Mortgages and course of judicial proceedings as aforesaid :— 

And whereas it appears that the alteration thus made by the courts of Judicature in 
their practice in chancering the forftitui-es of Bonds and Mortgages, conditioned as afore- 
said, and their departure from that which they have heretofore judged to be the most equal 
rule for chancering the just debt and damage upon such Bonds, will, if pursued, be 
attended with manifest Injustice and Oppression : Therefore 

Resolved that it be and hereby is recommended to the Justices of His Majestys Superior 
Court of Judicatnre and they are hereby enabled and impowcred at their next Term in 
their respective Counties, to reconsider such Judgments as they have already given for dc1)ts 
due upon Bonds and Mortgages, conditioned as aforesaid, since the second Tuesday of 
Auijust last and execution on all such Judgments is staid in the mean time. And it is 
further recommended to the Justices of the several courts afore mentioned to govern them- 
selves in the future chancering of the penalties of all such Bonds and Mortgages entered 
into and made before the last day of October, One Thousand seven Hundred and Forty 
one, by the Intent of the Parties according to the construction thereof which has heretofore 
heen settled and established in the Superior Court, as well as in the Infe ior Courts within 
this Province. In council ; Read and Concur'd Consented to Wm Shirley." 

—Ibid.,b.A,2}-i5. 

" June 17. 1743. In the House of Represent^" ; Ordered that the Printer be directed to 
print the Resolve lately passed this Court relating to ^le equitable Pnvment of Debts, and 
deliver a Duplicate to each Member of the General Court, one for himself, the other for 
the Town he represents. In council ; Read and Concur'd, 

Consented to W. Shirley." 
—Ibid., p. 84. 



[4th Sess.] Province Laws.— 1742-43. 69 

Cha2). 23. " Septem : 10. 1742. A Petition of Isaac Parker of Charlestown, Potter, shewing" 
that he has with great expence learned the art of malcing Stone Ware, which may be much 
for the benefit of the Province ; but as he has not a stock to carry on the said trade ; there- 
fore Praying that this Court would lend him One hundred and twenty five pounds in Bills 
of the new Emission, ivithout Interest, for carrying on the said business, he giving good 
security for paying in the money at the time assigned, and that the Petitioner may have 
the sole privilege of the said manufacture. — 

In the House of Representatives ; Read and in answer hereto 

Ordered that the Petitioner be allowed to receive out of the Appropriation for Premiums 
now in the Province Treasury, for his encouragement »n making Stone Ware, the sum of 
One hundred and twenty five Pounds, he giving Land Security to the value of Two Hun- 
dred Pounds for the Payment of Three Hundred seventy five ounces of Silver into the 
said Treasury in liew thereof with lawful Interest of the same, at or before the last Day of 
December 1746 ; provided nevertheless that if the money be improved for the purposes 
aforesaid no Interest shall be taken; Provided also that if he pay in the Bills within the 
time limited therefor, they shall be received in full discharge of his mortgage instead of 
the Silver; Provided further that the repayment of the whole sum be made within one 
j^ear from this time, in case the Petitioner does not proceed in the work aforesaid ; the 
Security to be to the satisfaction of the Treasurer. In Council : Read and Concur'd. 

Consented to, W : Shirley." 
— Council Records, vol. XVII., b. 3, p. 485. 

"Dccem"' 1. 1742. A Petition of Grace Parker and Thomas Symmes both of Charles- 
town, Shewing that whereas this Court were pleased to give encouragement to Isaac 
Parker late husband to the said Grace, to carry on the manufacture of Stone Ware, the 
said Isaac died soon after, the said Grace in partnership with the other Petitioner has 
undertaken that business, lier husband having been at great expence in his life time in 
providing materials for it ; And therefore Praying that the Petitioners may have leave to 
bring in a bill for granting them the sole privilege of making the said Stone Ware for the 
term of Fifteen Years 

In the House of Represent^"'; Read and Ordered that the prayer of the Petition be 
granted, and the Petitioners are allowed to bring in a Bill accordingly. In Council ; Read 
and Concur'd " 
—Ibid., p. 514. 

"March 10. 1747. A Petition of Grace Parker Avidow of Isaac Parker of Charlestown 
Potter Dec' showing tliat he met with great Disapointment in carrying on the said Ti'ade, 
as she hath done since his Decease And therefore praying that she may be allow'd to pay 
in the Money lent him out of the public Treasury in the present Bills of Credit by five sev- 
eral Annual Payments. 

In the House of Representees Read & Ordered that the Prayer of the Petition be so far 
granted as tliat the Time for replacing the sum mentioned of one Hundi-ed & Twenty five 
Pounds be further lengthn'' to the last of December 1751. the said Grace giving security to 
the Province Treasurer for the due Performance thereof & in the mean Time she have the 
Liberty of paying in the same by three several Annual Payments or sooner if she finds it 
for her Advantage & without Interest provided the money be improved for the purpose on 
which it was first granted. In Council Read & Concured. — Ibid., vol. X VIU., p. 305. 

"January 1. 1749. — On the petition of Grace Parker, and the Order of the two Houses 
thereon pass'd the 10th of March 1747 

In Council, the foregoing petition being read, it was thereupon Ordered that the same be 
revived, and that the Petitioner ])e allowed to pay into the pul)lick Treasury, the before 
mentioned one hundred and twenty-five pounds, in time & manner as set forth in the above 
written Vote of both Houses, she giving security as therein directed — In the House of Rep- 
resentatives Read & Concur'd — Consented to by the Lieu' Governor." — Ibid., vol. XIX., p. 
110. 

" March Q'^ 1756. A Petition of John & Daniel Parker for themselves and other the Heirs 
of Isaac Parker of Charlestown deceased, Shewing that the said Isaac divers Years since 
had the Favour of the Loan of £500. Old Tenor from the Government to Encourage his 
CaiTying on the Manufacture of Stone Ware, that Four hundred of the £500. has been 
returned into the publick Treasury ; But forasmuch as by means of the Death of the said 
Isaac & other Misfortunes not only the whole of the said loan but a great part of the said 
Isaac's Estate has been swallowed up, therefore Praying his remaining Debt to the Prov- 
ince may be remitted — 

In the House of Representatives ; read & Whereas the making of Stone Ware might 
have been of great advantage to the Publick had the Petitioners Father lived & Succeeded 
in that Business as well as to himself & his Heirs ; but notwithstanding the great Cost & 
Charge they have been at in their Attempts all their Schemes have in a great measure 
failed and proved unsuccessful, by means whereof the Petitioners said Fathers Estate has 
been greatly Injured — Therefore 

Ordered that the Prayer of this Petition be granted ; And the Sum mentioned of Three 
hundred Pounds Old tenor said to be due to the Province be & hereby is remitted, and no 
Demand hereafter shall be made of the said sum or any part thereof In Council ; Read 
& Concur'd."— /6jrf., vol. XXL, p. 125. 

Chap. 30. " In our Report to your Lordships dated the 8«> of June 1743, We gave our 
opinion against this method of erecting & setling Townships since which His Majesty has 
been pleased to send an instruction to His Governor of the Massachusets Bay directing 
him not to give his Assent for the future to any Bill for erecting a new Town or dividing 
an old one, without a suspending Clause be inserted therein, However as His Majesty's 
pleasure in this case could not be known at the time when this Act passed, and as there is 
reason to believe the same may have been carried into execution and that a Precept or 
Writ may have been issued to the Town thereby erected to send Representatives to the 



70 ■ Province Laws.— 1742-43. [Notes.] 

Assembly, "We would submit it to your Lordships, whether His Majesty may not be 
advised to confirm the said Act. 

We are My Lords, Your Lordships most obedient and most humble Servants 

MONSON. 

R. Plumer. 

I. Pitt. 

B. Leveson Gowek. 

Whitehall. April SO'h 17^6."— Report of Lords of Trade, " Mass. Bay ; B. T.," vol. 84, 
p. 166. 

(Duplicate) Ori(f not reed this 10'* Feby 1742-3, 

" Boston, N. Engld Ocf 18«> 1742. 

My Lords, The Secretary having laid before me at the last Session of the General Court 
three Ingross'd Bills for the dividing three old Townships and erecting three new ones out 
of 'em [" A bill for erecting the northerly part of Shrewsbury, S^c., into a township 

named "; "yl bill for erecting the easterly part of Attleboro', \c., into a township 

named "; "A bill for erecting Mew Lisborn into a township named "] whereby the 

number of Representatives for those Towns in the Geni Court would be doubled ; I was 
led upon this occasion to examine what increase of new Towns and consequently of Repre- 
sentatives had arisen from this Practise since the date of the present Charter in 1692; And 
find that since that time thirty three new Towns have been erected by this means, each of 
which that consist of 120 "Voters are by the Province Law intitled to send two Represent- 
atives, and all under that number of voters, tho' they should not even exceed 20 are entitled 
to send one : This practice of splitting one Town into two and sometimes three, has 
been of late so frequent that sixteen of the thirty three towns were made during M' 
Belcher's Administration and the three abovementioned Bills for the like purpose were laid 
before me for my consent in the first year of my Government; But as this method of 
multiplying Towns and dividing 'em is entirely unnecessary, since all the inconveniences 
arising from the large extent of the old ones might as well have been remedyed by dividing 
'em into different Precincts and Parishes (which is the case of the old Towns here) as by 
dividing 'em into several Towns; I have refused my Consent to the three above mention 'd 
Bills, and propose to put an end to this way of increasing the number of Representatives, 
which seems to promise no good effect for his Majesty's service And as I find by the 
transactions of the General Court for several years past that the present number of the 
House of Representatives hath been sufficient to embarrass his Maj'^'" Govern' here in some 
points, tho' the most reasonable for them to comply with, and recommended to 'era in the 
strongest manner from his Majesty, I would submit it to the consideration of your Lord- 
ships whether it might not be for His Maj'J^ service that his Governours in this Province 
sh" for liie future use due means to prevent that House from increasing and particularly 
by the practice of splitting Townships. The expediency of confining the number of Repre- 
sentatives I am apt to think, may further appear to your Lordships from considering the 
constitution of the Province Charter, whereby another Branch of the Legislative (the 
Counsellors or Assistants, the number of which is limited to twenty eight) are annually 
chosen by the General Court in which case, notwithstanding the Governour has a Negative 
Voice in the Election, the Counsellors who it is possible may all be chosen out of the 
House and entirely by the Members of the House, who are a great Majority of the General 
Court, may be reasonably supposed from their Dependency upon their electors to have 
some check, if not a wrong Byass upon 'em in Disputes between the House and the Gov- 
ernour to the prejudice of his Majesty's Government — If your Lordships upon such con- 
sideration should think it would be for His Majesty's service to prevent the further increase 
of Representatives which may arise not only from the practice of splitting the old Town- 
ships but from erecting any Plantations of new Settlers into Townships I would submit it 
.to Your Lordships whether that might not be effected by erecting such new Plantations 
into Precincts, Parishes or Villages with all the Officers and Privileges of a Township ex- 
cept that of sending Representatives which I appuehend would not "be attended with the 
least inconvenience or discouragement to the propagating of new Settlements, since all the 
new Towns at present seem to think the maintena'ice of a Representative a burthen to 'em 

As your Lordships may possibly apprehend from what I have said that all the Towns 
actually use their privilege of sending one or more Repi"esen^«^ to the General Court 
according to their number of voters, it will be necessary for me to observe that tho' there 
are at present 160 Towns, most of which are qualifyed to send two Representatives, yet 
they do not generally send more than from 109 (the number of the present House) to 120 
at most which arises from hence, that none of those Towns which are entitled to send two 
Representatives ever send above one, except the Towns of Boston, Salem, Ipswich & 
Newbury and very few or none of the new Towns ever send any; But still they have it in 
their power upon an extraordinary Emergency to double and almost treble their numbers, 
which they would not fail to do, if they should be desirous of disputing any point with his 
Majesty's Governoui-, which they might suspect their ordinary Members would not carry 
against his Influence in the House. 

To apprize your Lordships fully of this afifair I have inclosed a particular state of the 
Constitution of the Province with regard to its number of Representatives and if the House 
can be led into any act which may limit the number of 'em to what the Towns have usu- 
ally sent, I shall not fail to embrace the opportunity of doing it; and should be glad of the 
Honour of knowing your Lordships sentiments upon this matter for the better regulation 
of my conduct in if. 

I am, with the highest respect. My Lords, Your most obed' & most hurabie Serv' 

W. Shirley." 



[4th Sess.] Province Laws. — 1742-43. 71 

(Indorsed) " Rec^ FcbT 10"' Read D" 17'i' 1742-3 "—Goveriior Shirley to the Lords of 
Trade, Mass. Bay : B. T., vol. 70, E. e., 70. 

Inclosure above referred, to : 
" State of the Province of the Massachusetts Bay, as to it's Number of Representatives, 

By the Province Charter granted by their late Majesties K. William and Q. Mary in 
1692 (pa. 6.) It is ordain'd that there shall be twenty eight Assistants or Counsellors to be 
advising and assisting to the Governor of the Province for the time being; which Coun- 
sellors (pa. 7) are to be elected yearly by the Great and General Court or Assembly, 
And (pa. 10) the Gov^ has a negative in such Elections. 

Pa. 7. It is ordain'd that a Great & General Court or Assembly shall be conven'd and 
held by the Gov^ for the time being, upon every last Wednesday in the Month of May and 
at such other times as the Gov shall think fit and appoint, which Court is to consist of the 
Gov and twenty eight Counsellors for the time being and of such Freeholders of the 
Province, as shall be from time to time elected by the major part of the freeholders and 
other inhabitants of the respective Towns or other places who shall be present at such 
Elections ; each of said Towns and places being thereby impowered to elect two persons 
and no more to serve for and represent them in said Great and General Court, To which 
Court, to be held as aforesaid, power and authority is given from time to time to direct, 
appoint and declare what number each County, Town and Place shall elect to serve for 
and represent them in said Court : Provided that no Freeholder or other person shall have 
a vote in the election of Members to serve in said Court, who at the time of such Election 
shall not have an estate of Freehold in Land within the Pro^vince to the value of forty 
shillings per annum at least, or other estate to the value of fifty pounds sterling. 

By the Province Law pass'd in 1693 pa. 32 of the Law Book, It is enacted that thence- 
forth every Town within this Province consisting of the number of forty freeholders and 
other Inhabitants qualify'd by Charter to elect, shall and hereby are enjoined to choose 
and send one Freeholder as their Representative, and every Town consisting of the num- 
ber of one hundred and twenty freeholders and other Inhabitants qualifyed as afores"* or 
upwards, may send two such Representatives ; and each Town of the number of thirty 
freeholders and other Inhabitants qualify'd as aforesaid or upwards under forty, are at 
liberty to send one or not, but may choose and send one Representative, if they think fit, to 
serve for and represent them respectively in every Session of the Great and General Court 
or Assembly from time to time : And all Towns under thirty freeholders may send one 
Representative, or join with the next Town in the choice of their Representatives, they 
paying a proportionable part of the Charge : And no Town shall at any time send more 
than two Representatives, except Boston who are hereby granted to choose and send four. 

At the time of passing this Law there were 113 Towns within the Province and by virtue 
of it the Town of Boston has cotistantly sent four Representatives to the General Court and 
the Towns of Salem, Ipswich and Newbury two apiece and none of the other Towns above 
one apiece tho' much the greatest part of 'em duely qualify'd to send two. 

By the Province Law pass'd in 1694 (pa. 54 of the Law Book) no persons ai*e qualifyed 
to be chosen Representative of any Town unless they are Freeholders and Residents in 
the Town where they are chosen. 

By the Province Law pass'd in 1726 (pa. 351, 352 of the Province Law Book) the clause 
in the Act of 4"» W & M. obliging every Town consisting of forty families, to send a Rep- 
resentative to the General Court is repeal'd and no Town imder the number of sixty 
families shall be obliged (unless they think fit) to send a Representative — This Act to 
continue for three years." — Ibid. 

" At the Council Chamber Whitehall the 30* day of June 1743. 

Present 

Their Excellehcys the Lords Justices in Council 

Whereas there was this day read at the Board a Report from the Right Honb'e the 
Lords of the Committee of Council upon, several Laws past in the Province of the Massa- 
chusets Bay, Wherein it was proposed amongst other things, that an Instruction should be 
sent to William Shirley, Esq"^", Gov of the Province of the Massachusets Bay not to give 
his assent for the future to any Bill for erecting a new Town or dividing an old One with- 
out a Clause be inserted therein deferring and suspending the execution thereof until 
His Majesty's pleasure shall be known — Their Excel'-ythe Lords Justices taking the same 
into consideration were pleased with the advice of His Majty» Privy Council to approve 
thereof, and to Order as it is hereby Ordered, that the Lords Commissrs for Trade & 
Plantations do prepare the Draught of an Instruction for the Gov or Commander in Chief 
of the Province of the Massachusets Bay, agreeable to what is above proposed, and lay 
the same before their Excel'^J'^ at this Board. W. Sharpe" 

[Indorsed :] •" Rec<i July 15'i> Read— 21«' 1743."—" Mass. Bay: B. T.," vol. 71, F. f. 1, 
in Public Record Office. 

Lords of Trade to Gov Shirley 6 July 1743. 
" To William Shirley Esq. Governor of the Massachusets Bay 

Sir, 

* « « * * * * » * «.. « 

We agree with you in opinion in what you have represented in your letter of the IS"" of Province Laws, 

Ocf 1742, concerning the practice of increasing the number of Townships which may in 1739-40, chap. 

time prove inconvenient. We have therefore in a late Report to the Lords of the Committee 7 / and «eenote 

of His Maj'ys most Honi^ie privy Council, upon An Act for dividing the Towns of Roches- joog arai 1007 

ter & Plymouth & erecting a new Town by the name of Wareham, humbly proposed that ^^^ ^^^^ j^^qJ 

for the future you should be instructed not to give your assent to any Bill of that kind 4i_ ^hap. 7, note, 

without a suspending clause." — Ibid., vol. 84, p. 103. and 1741-42, 

• #*•***«*** chap. 17, note. 



72 Province Laws. — 1742-43. [Notes.] 

" Thursday July 21^* 1743. 
[Pi-esent] 
Lord Monson 
M' Plumer. M"" Keene. 

Read an Order of Council dated SO'ii June 1743 Directing this Board to prepare the 
Draught of an Instruction for M'' Shirley Governor of the Massachusets Bay not to give 
his assent for the future to any Bill for erecting a new Town or dividing an old one with- 
out a Clause inserted therein for suspending the execution thereof until His Majesty's 
pleasure shall be known. 

Ordered that the said Draught be prepared accordingly." — " Trade Papers," vol. 45, p. 
85, in Public Record Office. 

" Wednesday July 27* 1743 

The Draught of an Instruction to M'' Shirley Governor of the Massachusets Bay (ordered 
to be prepared by the Minutes of the 21^' Instant) was laid before the Board and agreed 
to, and a Representation to the Lords Justices for inclosing the same, was also laid before 
the Board, agreed to and signed." — Ihid., p. 94. 

" Representation to the Lords Justices 27 July 1743 
To their Excellencies the -Lord Justices May it please your Excellencies, 

In obedience to j'our Excellencies commands, signified to us by your Order of the 30* 
of June last, We have prepared the Draught of an Additional' Instruction to William 
Shirley Esq' Governor of the Massachusets -Bay, directing him not to give his assent for 
the future to any Bill for erecting a new Town or dividing an old one without a Clause be 
inserted therein, suspending the execution thereof 'till His Majesty's pleasure thereupon 
shall be known ; and humbly take leave to lay the same before Your Excellencies 
Which is most humbly submitted 

MONSON 

M. Bladen 
R. Plumer 
Ja : Brudenell 

Whitehall July 27* 1743."—" Mass. Bay : B. T.," vol. 84, p. 108, in. Public Record Office. 
" Additional Instruction to William Shirley Esq'" His Majesty's Captain General & 

Governor in Chief in and over the Province and Territory of the Massachusets Bay in 

New England in America. Given 

Whereas the number of Townships in your Government is of late years very much 
encreased and may in time prove inconvenient in case the present method of splitting and 
dividing old Towns & of erecting new Ones should continue. And whereas any future 
Settlements may be erected into Precincts, Parishes or Villages with all the Officers and 
Privileges necessary for their good Government & security without the liberty of sending 
Representatives to the General Assembly, It is His Majesty's Will & Pleasure that you 
do not give your assent for the future, to any Bill for erecting a new Town or dividing an 
old one without a Clause be inserted therein deferring & suspending the execution thereof 
until His Majesty's pleasure shall be known thereupon." 

" Order in Council dated 11 August 1743 Approving above Draught of Additional In- 
struction and Ordering that Andrew Stone and Edward Weston Secretaries to the Lords 
Justices do prepare the same for their Excellency's signing." 

Indorsed : " Received March 16* 1743-4 Read April 26* 1744."— IfaM. Bay : B. T., vol. 
71, F.f. 25, in Public Record Office. 



ACTS, 
Passed 1743 — 44. 



10 [73] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twenty-fifth day of May, A^ D. 1743. 



CHAPTEE 1. 

AN ACT FOR GRANTING THE SUM OF THIRTEEN HUNDRED AND FIFTY 
POUNDS FOR THE SUPPORT OF HIS MAJESTY'S GOVERNOUR. 

Be it enacted by the Governour, Council and House of Representatives^ 
That the sum of thirteen hundred and fifty pounds in bills of pub- 
lick credit of this province, of the newest form and tenor, be and 
hereb}^ is granted unto his most excellent majestj', to be paid out of 
the publick treasury to his excellency William Shirley, Esq'^''^., captain- 
general and governour-in-chief in and over his majesty's province of the 
Massachusetts Bay, in consideration of his past services, and further to 
enable him to go on in managing the publick affairs. [^Passed June 
10 ; published June 27. 



CHAPTER 2. 

AN ACT FOR ESTABLISHING THE WAGES, &c[A], OF SUNDRY PERSONS IN 
THE SERVICE OF THE PROVINCE. 

Be it enacted by the Governour, Council and House of Representatives, Wages of the 

[Sect. 1.] That the wages of the captain of Castle William shall Sl^wmiam. 
be after the rate of sixty pounds per annum from the twentj'-first day 
of May, one thousand seven hundred and forty-three, to the twentieth 
day of May, one thousand seven hundred and forty-four ; of the lieu- 
tenant for that term, thirty-five pounds fifteen shillings ; of the chap- 
lain, thirty pounds ; of the gunner, fifty pounds ; of the gunner's mate, 
thirty-four shillings and threepence per month ; of two sergeants, each 
twentj'-three shillings per month ; of six quarter-gunners, each three 
shillings per month ; of three corporals, each twent3'-one shillings and 
ninepcnce per month ; of two drummers, each twenty-one shillings and 
ninepence per month ; of one armourer, thirtj'-four shillings and three- 
pence per month ; of fortj' centinels, each twenty shillings per month : 
for their subsistence, six shillings and threepence per week per man. 

And be it further enacted^ 

[Sect. 2.] That the wages of the captain of Richmond Fort, from Richmond Fort 
the twent^'-first of May, one thousand seven hundred and fortj'-three, 
to the twentieth of May, one thousand seven hundred and forty-four, 



76 



Province Laws. — 1743-44. 



[Chap. 2.] 



Truck-housc at 
George's River. 



Brunswick Fort. 



Truck-house 
above North- 
field. 



shall be at the rate of twenty shillings per month ; and of ten centi- 
nels, each ten shillings per month ; of one interpreter, thirty shillings 
per month ; of one armourer, thirty shillings per month ; and for the 
chaplain, twenty-five pounds per annum. 

And be it further enacted, , 

[Sect. 3.] That the wages of the captain of the truck-house on 
George's River, from the twenty-first of May, one thousand seven hun- 
dred and forty-three, to the twentieth of May, one thousand seven 
hundred and fort3^-four, shall be at the rate of twenty shillings per 
month ; of one lieutenant, thirteen shillings and sixpence per month ; 
of one sergeant, thirteen shillings and sixpence per month ; of two 
corporals, each twelve shillings per month ; of thirteen centinels, each 
ten shillings per month ; of one armourer, thirty shillings per month ; 
of one interpreter, thirty shillings per month; and to the chaplain 
there, twent3'-five pounds per annum. 

And be it further enacted, 

[Sect, 4.] That the wages of the commanding oflScer of the fort at 
Brunswick, from the twenty-first of May, one thousand seven hundred 
and forty-three, to the twentieth of May, one thousand seven hundred 
and forty -four, shall be at the rate of twenty shillings per month ; of 
six centinels, each ten shillings per month. 

And be it further enacted, 

[Sect. 5.] That the wages of the captain of the truck-house above 
Northf[ei] [ie]ld, from the twenty-first of May, one thousand seven 
hundred and fortj'-three, to the twentieth of May, one thousand seven 
hundred and forty-four, shall be at the rate of twenty shillings per 
month ; of one lieutenant, thirteen shillings and sixpence per month ; 
of one sergeant, thirteen shillings and sixpence per month ; of one 
corporal, twelve shillings per month ; of sixteen centinels, each ten 
shillings per month ; of one interpreter, thirty shillings per month ; 
of the chaplain there, twenty-five pounds per annum, and that there be 
allowed for the subsist [a] [e]nce of each man two shillings and sixpence 
per week. 

And be it further enacted, 

[Sect. 6.] That the wages of the captain of the truck-house at 
Saco, from the twenty-first of May, one thousand seven hundred and 
forty-three, to the twentieth of May, one thousand seven hundred and 
fortj'-four, shall be at the rate of twenty shillings per month ; of one 
lieutenant, thirteen shillings and sixpence per month ; of one corporal, 
twelve shillings per month ; of thirteen centinels, each ten shillings 
per month ; of one armourer, thirty shillings per month ; of one inter- 
preter, thirty shillings per month. 

And be it further enacted, 

[Sect. 7.] That the wages of the commanding oflicer of Frederick 
Fort, from the twenty-first of May, one thousand seven hundred and 
forty-three, to the twentieth of May, one thousand seven hundred and 
forty-four, shall be at the rate of twenty shillings per month ; of ten 
centinels, each ten shillings per month ; and of the chaplain there, fifteen 
pounds per annum. 

And be it further enacted, 
Country's Bioop. [Sect. 8.] That the wages of the captain of the sloop in the coun- 
try's service, from the twenty-first of May, one thousand seven hundred 
and forty three, to the twentieth of Ma}', one thousand seven hundi'ed 
and forty-four, shall be at the rate of fifty shillings per month ; of 
the mate, thirty shillings per month ; of three sailors, each twenty-five 
shillings per month ; for the sloop, seven pounds ten shillings per 
month. 



Truck-house at 
Saco River. 



Frederick Fort. 



[1st Sess.] Province Laws. — 1743-44. 77 

And be it further enacted, 

[Sect. 9.] That the wages of the captain of the province snow, Province snow. 
from the twenty-first of May, one thousand seven hundred and fort}'- 
three, to the twentieth of May, one thousand seven hundred and forty- 
four, shall be at the rate of five pounds ten shillings per month ; 
the lieutenant, three pounds ten shillings per month ; the master, 
three pounds per mouth ; the doctor, three pounds per month ; the chap- 
lain, three pounds per month ; the gunner, fifty shillings per month ; the 
boatswain, fortj'-flve shillings per month ; the mate, forty shillings per 
month ; the steward, thirty-five shillings per month ; the cook, thirt}'- 
five shillings per month ; the gunner's mate, thirty-five shillings per 
month ; the pilot, fifty shillings per month ; the boatswain mate, thirty- 
five shillings per month ; the carpenter, forty-five shillings per month ; 
the cooper, thirty-five shillings per month ; the armourer, thirt3--five ^ 
shillings per month ; the coxswain, thirty-five shillings per month ; two 
quartermasters, each thirty-five shillings per month ; seventy sailors, or 
for [e] mast men, forty shillings per month. 

And he it farther enacted, 

[Sect. 10.] That before payment of any muster-roll be allowed. Oath to be made 
oath be made b}' the oflScer or person presenting such roll that the roii!'^ °Juster- 
oflflcers and soldiers born on such roll have been in actual service for 
the whole time they stand entred thereon. \_Passed June 25 ; jpM6- 
lished June 27. 



CHAPTER 3. 

AN ACT TO ENABLE THE SURVIVING TRUSTEES, OF THE SEVERAL 
TOWNS WITHIN THIS PROVINCE, OF THE SIXTY THOUSAND POUNDS' 
LOAN, WHO HAVE PAID THEIR TOWNS' PROPORTION THEREOF INTO * 

THE PROVINCE TREASURY, WHERE THERE IS NOT A MAJORITY OF 
THEM LIVING, TO COLLECT THE SEVERAL SUMS DUE FROM PARTICU- 
LAR PERSONS TO SUCH [TRUSTEES.] [TOWXS,] 

"Whereas in and by an act made in the first j-ear of his present Preamble, 
majesty [e][i]ntitled an act for raising and set[i]ling a publick 
revenue, &c., by an emission of sixty thousand pounds in bills of 
credit on this province, it is provided that the several towns within the 
province should appoint three or five freeholders as trustees, with power 
as in said act is at large set forth, and the several towns were also im- 
pow[e]red, from time to time, upon the death or removal of any such 
trustees, to appoint others in their room until[l] the respective sums 
of the several towns were compleatly paid into the province treasury ; 
but no provision is made where the town's proportion is paid into the 
treasur}', either for the towns to chuse new trustees in case of the death 
and removal of any such, or for such as survive to recover of particular 
persons the sums respectively due from them to such trustees, whereby 
many inconveuienc[6]es arise; for remedy whereof, — 

Be it enacted by the Governour, Council and House of Representatives, Surviving trus- 
That the surviving trustee or trustees of the sixty thousand pounds' £5*ooVioan, 
loan which [have] \_has'] been appointed in any town in this province their power. 
in consequence of the act for emitting said loan be and hereby are fully 
authorized and impowered to sue for, recover and receive all such sums 
of the loan aforesaid as are due from any person or persons whatsoever. 
\_Passed June 17 ; published June 27. 



78 



Province Laws. — 1743-44. [Chaps. 4, 5.] 



CHAPTER 4. 

AN ACT FOR HOLDING A COURT OF OYER AND TERMINER IN AND FOR 
THE ISLAND OF NANTUCKET. 

Preamble. "Whereas there now stands committed in his majesty's goal in the 

island of Nantucket, one Simon Hew, an Indian man, charged with the 
murder of Margaret, an Indian woman, who ought as the law now 
stands to be tried by a special court of assize and general goal delivery ; 
but forasmuch as the judges of the court of assize and general goal 
delivery cannot attend that service, the summer months being taken up 
with the several superiour courts of judicature, courts of assize and 
^general goal delivery as they are now established, besides the great 
charge and trouble of the judges repairing thither, and a court of 03'er 
and terminer (noticed in the ro3'al charter) have and can exercise the 
same jurisdiction and authority in all capital offences, — 

Be it therefore enacted by the Governour, Council and House of 
Representatives^ for the reasons above mentioned, and that speedy 
justice may be done, 
Court of Oyer That the inquiry, hearing and tr[y][^■]al of the said Simon Hew for 
be blid at"Nan^ ^^® murdcr of the said Margaret, and any other capital offences upon 
tucket. the said island of Nantucket already committed, may with all con- 

venient speed be had at Nantucket aforesaid, by special commissioners 
of 03^er and terminer, to be appointed b^- his excellency the governour, 
with the advice and consent of the council, any law, usage or custom 
to the contrary notwithstanding. \^Passed June 17 ; published June 27. 



CHAPTER 5. 

AN ACT FOR IMPOWERING THE TOWN OF BOSTON TO IMPOSE AND 
COLLECT A TAX OR DUTY ON COACHES, CHAISES, &cCA], FOR THE USE 
AND SERVICE OF SAID TOWN. 



Preamble. 



Town of Boston 
empowered to 
lay a tax on 
coaches, &c. 



Coacbes, 
chaises, &c., to 
be enteied with 
the town treas- 
urer. 



Whereas the town of Boston are at greftt charge in keeping the 
highway upon the neck at the entrance into said town in good repair, 
and it is most equal that the said charge should be born bj' such per- 
sons as principally receive the benefit of said repairs, — 

Be it therefore enacted by the Governour, Council and Souse of Rep- 
res[^entatiy\ 

[Sect. 1.] That the inhabitants of the town of Boston be and 
hereb}^ are enabled and impowered, at a publick town meeting dulj^ 
warned for that purpose, to lay such tax or duty on each coach, chariot, 
chaise, calash or chair used and improved b}' the inhabitants of said 
town as shall be judg'd convenient, not exceeding ten shillings per 
annum for any coach, chariot or four-wheel'd chaise, or five shillings 
per annum for any two-wheel'd chaise, calash or chair ; and the said 
inhabitants are further impowered, at their meeting in March, annually, 
for and during the term of five years, to renew the said tax or discon- 
tinue the same as the}'^ shall judge proper. 

And be it further enacted, 

[Sect. 2.] That (publick notice being given to the inhabitants of 
said town of such tax or duty as afores[a^]'*) every person improving 
any coach, chariot, chaise, calash or chair shall, some time in the month 
of July next after, cause the same to be ontred with the town treas- 



[1st Sess.] Protince Laws. — 1743-44. 79 

[it7-e]r and shall pay the rates imposed thereon by vote of said town 
and by virtue of this act, on pain of foi'feiting twenty sliillings for 
each neglect, to be recovered b}- said treas[rwe]'', who is hereby author- 
ized and impowered to sue for the same. 

Arid be it further enacted, 

[Sect. 3.] That the whole of such sums as shall be paid into the Tax on coache*, 
town treasury as a tax or duty as afores^a^■l'*, or shall be recovered as chaises, &c., to 

/. . T 1 11 1 1 • "- -^ , 1 • . 1 , /. be for repairing 

fines as aforesaid, shall be and remain as a stock in said treasury for Boston Neck, 
the use of said town, to be drawn out b}^ order of the selectmen for the °' 
service of said town in maintaining or repairing the road or highway 
on Boston Neck, at the entrance into said town ; and in case there 
shall be more than sufficient for that purpose, the overplus shall be 
applied to the repairing the other highways and streets in said town. 

Provided always, 

[Sect. 4.] That the coach, chariot and other carriages of his ex- Proviso, 
cellencj', the governour, and of the set[i]led ministers in said town be 
exempt and free from any such tax or duty, anything contained in this 
act to the contrary notwithstanding. [^Passed June 25 ; published 
June 27. 



CHAPTEE 6. 

AN ACT FOR PREVENTING MISCH[EI][7£]F BY UNRULY DOGS ON THE 
ISLAND OF NANTUCKET. 

Whereas much dam [m] age has been done by unruly and mis- Preamble. 
ch[ei][fe]vous dogs in wonying, wounding, and killing sheep and iooMas8.,i4i. 
lambs on the island of Nantucket, by reason of great numbers of such 
dogs being kept by Indians, as well as English inhabitants there, — 

Be it therefore enacted by the Governour, Council and House of Rep- 
reseyitatives, 

[Sect. 1 .] That from and after the publication of this act, it shall Dogs may be 
and may be lawful [1] for any person or persons within the county of bucket!" ^""* 
Nantucket, to kill any dog or bitch whatsoever that shall at any time 
be found there. 

And be it further enacted, 

[Sect. 2.] That whosoever s]?all presume to keep any dog or bitch Fine for keep. 
on the said island of Nantucket after the publication of this act, shall ^°^ *^°^*" 
forfeit and pay the sum of one pound, to be sued for and recovered by 
the major part of the selectmen of the town of Sherborn for the time 
being, before any of his majesty's justices of the peace there ; one half 
to the selectmen that shall sue for the same, and the other half to the 
poor of said count3^ 

And be it further enacted, 

[Sect. 3.] That no action shall l[y][^]e, be heard or tried at any no action to He 
court within this province against such person as shall kill or destroy gfn"hit'^kinFa'^' 
any such dog or bitch found as afores[at]'', but shall be utterly bar'd dog. 
by virtue of this act. 

[Sect. 4.] This act to continue and be in force for the space of Limitation, 
three 3'ears from the publication thereof, and no longer. [^Passed June 
25 ; published June 27. 



80 



Province Laws. — 1743-44. 



[Chap. 7.] 



CHAPTEK 7. 

AN ACT IN ADDITION TO, AND IN EXPLANATION OF SUNDRY CLAUSES 
OF, AN ACT, [E] [7] NTIT [ l^J LED " AN ACT TO ASCERTAIN THE VALUE OF 
MONEY, AND OF THE BILLS OF PUBLICK CREDIT OF THIS PROVINCE," 
&cCA], MADE AND PASS'D IN THE FIFTEENTH YEAR OF HIS MAJESTY'S 
REIGN. 



Preamble. Whereas in the law for ascertaining the value of money, and of the 

i74W2,chap.i2, )jjjjg ^f publick Credit of this province, passed in the fifteenth j-ear of 
his majesty's reign, it is enacted, that all debts contracted after the last 
day of March, a. d. 1742, specialties and express contracts excepted, 
should be deemed equal to lawful [1] money, and every debt of six shil- 
lings and eightpence value so contracted, should or might be discharged 
by one ounce of silver, or six shillings and eightpence of the bills of 
publick credit emitted that j'ear, or that should thereafter be emitted, 
equal in value to an ounce of silver : provided, nevertheless, that in case 
such bills should be depreciated below the value they were stated at by 
said act, that an addition should be made of so much more as would 
make them equal to the then fixed value afores[a?]d. And the judges 
of the superio[??]r court, agreable to the directions of the afores[at]d 
law, have made inquir}- by a committee for that purpose appointed, who 
have certified into the secretary's office that seven shillings and two- 
pence of the bills of credit, of the last form and teno[u]r, is equal to 
one ounce of silver ; in consequence whereof, judgments have been made 
up in several courts on debts contracted since the last [dcuj'] of March 
afores[ai]d at that rate, whereb}' an addition of sixpence is made to the 
creditor on every debt of six shillings and eightpence value ; and 
whereas, by s[at]d certificate, compared with the rates of bills of 
exchange in March afores[ai!']d, it is manifest that the said bills are 
not depreciated below the value they passed at when first emitted, inas- 
much as six shill[Mi]gs and eightpence in said bills will now go as far, 
in purchasing bills of exchange, as when said act was made, and the 
aforesaid loss has happened to the debtor from his not strictly attending 
the direction of said law, whereby every debt of six shillings and eight- 
pence is deemed equal to an ounce of silver (specialties and express 
contracts excepted), and should have been considered by the debtor, at 
the time of contracting such debt, as if the same had been payable in 
lawful [1] money ; and xohereas the bills of publick credit currant in 
this province, are at present the only fnedium of the common trade and 
business within it, there will be continual danger of the debtor's com- 
puting his debt according to the depreciated value of such bills, whilst 
it is deemed by said law to be contracted for lawful [1] money ; and 
thereby great damage may ensue to debtors, contrary to the true intent 
and meaning of the said law ; wherefore, — 

Be it enacted by the Governour, Council and House of Represent- 
\_ati'\ves. 

That all debts contracted since the last of March, a. d. one thousand 
hundred and forty-two, or that shall hereafter be contracted 



All debts to be 
deemed accord, 
ing to value of 
the bills when 
contracted. 



seven 



Bavin g an al- 
lowance for bills 
depreciating. 



(specialties and express contracts excepted), shall be deemed and ad- 
judged equal to the real value only such bills have passed or shall pass 
at when such debt was or shall be contracted ; and every debt of twenty 
shillings contracted as afores[at]d, shall or may be always hereafter 
discharged by twenty shillings in said bills, and so pro rata for a greater 
or less sum, unless such bills [shall] have already or should hereafter 
be depreciated below the value they passed at when such debt was or 
shall be contracted ; and ia such case, so much shall always be allowed 



[1st Sess.] Peovixce Laws. — 1743-44. 81 

by the respective courts in this province, as shall make said bills equal 
in value to such debt when contracted, anything contained in the afore- 
said law to the contrary notwithstanding. \^Passecl June 25 ; published 
June 27. 



CHAPTEE 8. 

AN ACT FOE, GRANTING UNTO HIS MAJESTY SEVERAL RATES AND 
DUTYS OF IMPOST AND TUNNAGE OF SHIPPING. 

We, his majesty's most loyal and dutifull subjects, the representatives 
of his majesty's province of the Massachusetts Bay, in New England, 
being desirous of a collateral ffund and security for drawing in the 
bills of credit on this province, have chearfull}' and unanimously given 
and granted and do hereby give and grant unto his most excellent 
majest}'- to the end and use aforesaid, and for no other use, the several 
dutys of impost upon wines, liquors, goods, wares and merchandize 
that shall be imported into this province, and tunnage of shipping 
hereafter mentioned ; and pray that it may be enacted, — 

And be it accordingly enacted by the Goveniour, Council and House 
of Rejyresentatives^ 

[Sect. 1.] That from and after the last day of the present session, 
there shall be paid by the importer of all wines, liquors, goods, wares 
and merchandize that shall be imported into this province from the 
place of their growth (salt, cotton wool, provisions, and every other 
thing of the growth and produce, of New England exceptecl) , the sev- 
eral rates or dutys of impost following ; viz'., — 

For every pipe of wine of the Western Islands, eight shillings. 

For every pipe of Canary, twelve shillings. 

For every pipe of Madeira, nine shillings and sixpence. 

For every pipe of other sorts not mentioned, nine shillings and six- 
pence. 

For every hogshead of rum, containing one hundred gallons, eight 
shillings. 

For ever}^ hogshead of sugar, sevenpence. 

For every hogshead of molasses, fourpence. 

For every hogshead of tobacco, four shillings and sixpence. 

For every ton of logwood, ninepence. 
— And so, proportionably, for greater or lesser quantitys. 

And all other commodities, goods or merchandize not mentioned or 
excepted, fourpence for every twenty shillings value : all goods imported 
from Great Britain excepted. 

[Sect. 2.] And for any of the above wines, liquors, goods, wares, 
merchandize, &c^, that shall be imported into this province, (fee"., fro 
any other port than the places of their growth and produce there shall 
be paid by the importer double the value of impost appointed by this 
act to be received for ever^^ species abovementioned, unless the}^ do, 
bond fide, belong to the inhabitants of this province and came upon 
their risque from the port of their growth and produce. 

And be it further enacted, 

[Sect. 3.] That all the aforesaid impost rates and dut3's shall be 
paid in current money or bills of credit of this province of the last 
emission by the importer of an}' wines, liquors, goods or merchandize 
unto tlic commissioner to be appointed as is hereinafter to be directed 
for entering and receiving the same, at or before the landing of any 
11 



8.2 Province Laws.— 1743-44. [Chap. 8.] 

wines, liquors, goods or merchandize : only the commissioner or receiver 
is hereb}' allowed to give credit to such person or persons where his 
or their dut_y of impost in one ship or vessell doth exceed the sum of 
three pounds ; and in case where the commissioner or receiver shall 
give credit, he shall settle and ballance his accompts with ever}' person 
on or before the last da}- of April, so that the same accompts may be 
ready to be presented to this court in Maj' next. And all entries where 
the impost or duty to be paid doth not exceed three shillings, shall be 
made without charge to the importer, and not more than sixpence to 
be demanded for any other single entry to what value soever. 

And be it further enacted, 

[Sect. 4.] That all masters of ships or other vessells coming into 
any harbour or port within this province from be3'ond sea, or from any 
other province or colony, before bulk be broken and within twenty-four 
hours after his arrival at such harbour or port, shall make a report to 
the commissioner or receiver of the impost, to be appointed as is here- 
inafter mentioned, of the contents of the lading of such ship or vessell, 
without any charge or fee to be demanded or paid for the same ; which 
report said master shall give into the commissioner or receiver, under 
his hand, and shall therein sett down and express the quantities and 
species of the wines, liquors, goods and merchandize laden on board 
such ship or vessell, with the marks and numbers thereof, and to whom 
the same is consigned ; and also make oath that the said report or mani- 
fest of the contents of his lading, so to be b}^ him given in under his 
hand as afores*^, contains a just and true accompt, to the best of his 
knowledge, of the whole. lading taken on board and imported in the 
s'' vessell from the port or ports such vessell came from, and that he 
hath not broken bulk nor delivered Viuy of the wines, rum or other dis- 
tilled liquors or merchandize laden on board the said ship or vessell, 
directly or indirectly ; and if he shall know of any more wines, liquors, 
goods or merchandize to be imported therein, before the landing thereof 
he will cause it to be added to his manifest ; which manifest shall be 
agreeable to a printed form made for that purpose, which is to be fiU'd 
up by the s*^ commissioner or receiver according to each particular per- 
son's entry ; which oath the commissioner or receiver is hereby impow- 
ered to administer : after which such master may unload, and not before, 
on pain of five hundred pounds, to be forfeited and paid by each master 
that shall neglect his duty on this behalf. 

And he it further enacted, 

[Sect. 5.] That all merchants, factors and other persons, importers, 
being owners of or having anj^ of the wines, liquors, goods or mer- 
chandize consign'd to them, that by this act are liable to pay impost 
or duty, shall, by themselves or order, make entry thereof in writing 
under their hands, with the said commissioner or receiver, and produce 
unto him an invoice of all such goods as pay ad vcdorem, and make 
oath thereto in maner following : — 

You, A. B., do swear that the entry of the goods and merchandize by you 
now made, exhibit the pi'esent price of said goods at this market, and that, 
bond fide, according to your best skill and judgment, it is not less than the 
real value thereof. So help you God. 

— which above oath the commissioner or receiver is hereby impower'd 
to administer ; and they shall pa}^ the duty and impost by this act re- 
quired, before such wines, liquors, goods, wares or merchandize be 
landed or taken out of the vessell in which the same shall be imported, 
on pain of forfieting all such wines, liquors, goods, wares or merchan- 
dize so landed or taken out of the vessell in which the same shall be 
imported. 



[1st Sess.] Province Laws. — 1743-44:. 

[Sect. 6.] And no wines, liquors, goods, wares or mcrcbandize 
that by this act are liable to pay impost or duty, shall be landed on 
any wharf, or into an}^ warehouse or other place, but in the daytime 
only, and that after sunrise and before sunsett, unless in the presence 
and with the consent of the commissioner or receiver, on pain of for- 
feiting all such wines, liquors, goods, wares and merchandize and the 
lighter, boat and vessell out of which the same shall be landed or put 
into any warehouse or other place. 

[Sect. 7.] And if any person or persons shall not have and pro- 
duce an invoice of the quantities of rum or liquors to him or them 
consign'd, then the cask wherein the same is shall be gaged at the 
charge of the importer, that the quantities thereof may be known. 

And be it further enacted, 

[Sect. 8.] That every merchant or other person importing any 
wines into this province shall be allowed twelve per cent for leakage: 
provided, such wines have not been filled up on board ; and that every 
hogshead, but or pipe of wine* that hath two parts thereof leak'd out, 
shall be accounted for outs, and the merchant or importer to pay no 
duty or impost for the same. And no master of any ship^or vessell 
shall suffer any wines to be fiU'd up on board without giving a certifi- 
cate of the quantity- so filled up, under his hand, before the landing 
thereof, to the commissioner or receiver of impost for such port, on 
pain of forfeiting the sum of one hundred pounds. 

[Sect. 9.] And if it be made to appear that any wines imported 
in au}^ ship or vessell be dccay'd at the time of unlading thereof, or in 
twenty days afterwards, oath being made before the commissioner or 
receiver that the same hath not been landed above that time, the dutys 
and impost paid for such wine shall be repaid unto the importer thereof. 

And be it further enacted, 

[Sect. 10.] That the master of any ship or vessell importing any 
wines, liquors, goods, wares or merchandize shall be liable to and shall 
pay the impost for such and so much thereof contained in his manifest 
as shall not be duly enter'd, nor the duty paid for the same by the per- 
son or persons to whom such wines, liquors, goods, wares or merchan- 
dize are or shall be consigned. And it shall and may be lawfull to and 
for the master of ever}^ ship or other vessell to secure and detain in his 
hands, at the owner's risque, all such wines, liquors, goods, wares or 
merchandize imported in any ship or vessell, untill he shall receive a 
certificate from the commissioner or receiver of the impost that the 
duty for the same is paid and untill he be repaid his necessary charges 
in securing the same ; or such master may deliver such wines, liquors, 
goods, wares or merchandize as are not entred unto the commissioner 
or receiver of the impost in such port or his order, who is hereby im- 
powered and directed to receive and keep the same, at the owner's 
risque, untill the impost thereof, with the charge, be paid ; and then to 
deliver such wines, liquors, goods, wares or merchandize as such master 
shall direct. 

And be it further enacted, 

[Sect. 11.] That the commissioner or receiver of the impost in 
each port shall be and hereby is impower'd to sue the master of any 
ship or vessell for the impost or duty for so much of the lading of any 
wines, liquors, goods, wares or merchandize imported therein, according 
to the manifest to be by him given upon oath, as aforesaid, as shall 
remain not entred and the duty of impost thereof not paid. And where 
an}^ goods, wares or merchandize are such as that the value thereof is 
not known, whereby the impost to be recovered of the master for the 
same cannot be ascertained, the owner or person to whom such goods, 
wares or merchandize are or shall be consign'd, shall be summoned to 



84 Province Laws.— 1743-44. [Chap. 8.] 

appear as an evidence at the court where such suit for the impost and 
duty thereof shall be brought, and be there required to make oath to 
the value of such goods, wares or merchandize. 

And be it further enacted^ 

[Sect. 12.] That the ship or vessel!, with her tackle, apparel and 
furniture, the master of which shall make default in anything by this 
act required to be performed by him, shall be 13'able to answer and 
make good the sum or sums forfeited by such master according to 
•this act, for any such default, as also to make good the impost or 
duty for any wines, liquors, goods, wares and merchandize not entered 
as aforesaid ; and, upon judgment recovered against such master, the 
said ship or vessell, with so much of the tackle or appurtenances 
thereof as shall be sufficient to satisfy said judgment, may be taken in 
execution for the same ; and the commissioner or receiver of the im- 
post is hereby impowered to make seizure of such ship or vessell, and 
detain the same under seizure untill judgement be given in any suit to 
be commenced and prosecuted for any of the said forfeitures or impost ; 
to the intent that if judgement be rendered for the prosecutor or in- 
former, such ship or vessell and appurtenances may be exposed to sale 
for satisfaction thereof as is before provided : unless the owners, or 
some on their behalf, for the releasing such ship or vessell from under 
seizure or restraint, shall give sufficient security unto the commissioner 
or receiver of impost that seized the same, to respond and satisfy the 
sum or value of the forfeiture and dutys, with charges, that shall be 
recovered against the master thereof, upon suit to be brought for the 
same, as aforesaid ; and the master occasioning such loss and damage 
unto his owners, through his default or neglect, shall be liable unto 
their action for the same. 

And be it further enacted, 

[Sect. 13.] That the naval officer within any of the ports of this 
province shall not clear or give passes to any master of any ship or 
other vessell, outward bound, untill he shall be certified, b}'^ the commis- 
sioner or receiver of the impost, that the dutj-s and impost for the goods 
last imported in such ship or vessell are paid or secured to be paid. 

[Sect. 14.] And the commissioner or receiver of the impost is 
hereby impower'd to allow bills of store to the master of any ship or 
vesseil importing any wines or liquors, for such private adventurers as 
shall belong to the master or seamen of such ship or other vessell, at 
the discretion of the commissioner or receiver, not exceeding three per 
cent of the lading ; and the duties payable by this act for such wines or 
liquors, in such bills of store mentioned and express'd, shall be abated. 

And whereas, many persons have heretofore caused to be imported, 
from the neighbouring government, into this province, by land carriage, 
large quantities of wine, rum and other merchandize, subjected to dut}^ 
by this act, but have made no report thereof to the officer of impost, or 
any of his deputies, nor have paid an}' duty therefor, contrary to the 
true intent and meaning of this act. 

Be it therefore further enacted, 

[Sect. 15.] That whensoever any rum, wine or other merchandize, 
by this act subjected to any duty, shall be hereafter imported from any 
of the neighbouring governinents, b}^ land, into any town of this prov- 
ince, the owner thereof, or person importing the same, shall make 
report thereof to the s*^ officer, or some one of his deputies, and pay the 
duties hereby required therefor, on pain and' penalty of forfeiting the 
same. 

And be it further enacted, 

[Sect. 16.] That all penaltys, fines and forfeitures accrewing and 
arising by virtue of this act, shall be one half to his majesty for the 



.[IstSess.] Province Laws. — 1743-44. Q^ 

uses and intents for which the aforementioned duties of impost are 
granted, and the other half to him or them that shall seize, inform and 
sue for the same, by action, bill, plaint or information, in any of his 
majesty's courts of record, wherein no essoign, protection or wager of 
law shall be allowed : the whole charge of the prosecution to be taken 
out of the half belonging to the informer. 

A7kI be it farther enacted, 

[Sect. 17.] That there shall be paid, b^- the master of every ship or 
other vessell, coming into an}' port or ports in this province to trade or 
trafFick, whereof all the owners are not belonging to this province (ex- 
cept such vessells as belong to Great Britain, the provinces or colonies 
of Pensilvania, "West and East Jersey, New York, Connecticut, New 
Plampshire and Rhode Island), every vo3-age such ship or vessell does 
make, the sum of two shillings per ton, or one pound of good pistol- 
powder for every ton such ship or vessell is in burthen : saving for that 
part which is owned in Great Britain, this province, or any of the afore- 
said governments, which are hereby exempted ; to be paid unto the 
commissioner or receiver of the duties of impost, and to be emploj'ed 
for the ends and uses aforesaid. 

[Sect. 18.] And the said commissioner is hereby impowered to ap- 
point a meet and suitable person, to repair unto and on board any ship 
or vessell, to take the exact measure or tunnage thereof, in case he shall 
suspect that the register of such ship or vessell doth not express and 
sett forth the full burthen of the same ; the charge thereof to be paid 
by the master or owner of such ship or vessell, before she be clear'd, in 
case she shall appear to be of greater burthen : otherwise, to be paid by 
the commissioner out of the money received by him for impost, and 
shall be alloAved him accordingl}', by the treasurer, in his accompts. 
And the naval officer shall not clear any vessell, untill he be also certi- 
fied, by the said commissioner, that the dut}' of tunnage for the same is 
paid, or that it is such a vessell for which none is pa3'able according to 
this act. < 

And he it further enacted, 

[Sect. 19.] That there be one fit person, and no more, nominated 
and appointed by this court, as a commissioner and receiver of the 
afores*^ dutys of impost and tunnage of shipping, and for the inspec- 
tion, care and management of the said office, and whatsoever relates 
thereto, to receive commission for the same from the governour or com- 
mander-in-chief for the time being, with authority to substitute and 
appoint a deputy receiver in each port, and other places besides that 
wherein he resides, and to grant warrants to such deputy receivers for 
the s*^ place, and to collect and receive the impost and tunnage of ship- 
ping aforesaid that shall become due withia such port, and to render 
the account thereof, and pay in the same, to the said commissioner and 
receiver : which said commissioner and receiver shall keep fair books 
of all entries and duties arising by virtue of this act ; also, a particular 
account of every vessell, so that the dutys of impost and tunnage 
arising on the said vessell may appear ; and the same to lye open, at all 
seasonable times, to the view and perusal of the treasurer and receiver- 
general of this province (or any other person or persons whom this 
court shall appoint), with whom he shall account for all collections and 
payments, and pay all such moneys as shall be in his hands, as the 
treasurer or receiver-gener.al shall demand it. And the said commis- 
sioner or receiver and his deputy or deputies, before their entering 
upon the execution of their- office, shall be sworn to deal truly and 
faitLfully therein, and shall attend in the said office from nine to twelve 
of the clock in the forenoon, and from two to five of the clock in the 
afternoon. 



8Q Peovince Laws.— 1743-44. [Chap. 9.] 

[Sect. 20.] And the s"^ commissioner and receiver, for his labour, 
care and expenccs in the said office, shall have and receive, out of the 
province treasurj-, the sum of twenty-five pounds, the present emission, 
per annum ; and his deputy or deputies to be paid for their service such 
sum or sums as the said commissioner and receiver, with the treasurer, 
shall agree upon, not exceeding seven pounds ten shillings each. And 
the treasurer is hereby ordered, in passing and receiving the said com- 
missioner's accorapts, accordingl}^ to allow the payment of such salary 
or sallarvs, as aforesaid, to himself and his deputy or deputys. 

Provided, 

[Sect. 21.] That this act shall be and continue in force from the 
last day of the present session untill the thirty-first day of May, which 
will be in the year of our Lord one thousand seven hundred and fort}'- 
four, and to the end of the next session of the general court, and no 
longer. IPassed June 25. 



CHAPTER 9. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF TWENTY THOU- 
SAND POUNDS, IN BILLS OF CREDIT OF THE TENO[U]R AND FORM 
LAST EMITTED; AND ALSO FOR APPORTIONING AND ASSESSING A 
FURTHER TAX OF THREE THOUSAND SEVEN HUNDRED AND THIRTY- 
EIGHT POUNDS FOUR SHILLINGS AND NINEPENCE THREE FARTHINGS, 
IN BILLS OF CREDIT OF SAID TENOR AND FORM, PAID THE REPRE- 
SENTATIVES FOR THEIR SERVICE AND ATTENDANCE IN GENERAL 
COURT, AND TRAVEL, AND TO DISCHARGE A FINE LAID THIS PRESENT 
YEAR ON THE TOWNS OF MEDFIELD, TIVERTON AND FREETOWN, 
FOR NOT SENDING A REPRESENTATIVE. 
ft 

1741-42, chap. 11, Whereas the great and general court or assembly of the province of 
§^"- the Massachusetp]s Bay, did, at their session in November, one thou- 

sand seven hundred and fort3'-one, pass an act for the levjing a tax of 
fifty thousand pounds, in bills before current in the province (said fifty 
thousand pounds being equal to twelve thousand five hundred pounds 
of the bills emitted by said act), and, at their sessions in November, one 
1742-43, chap. 14. thousaud sevcii hundred and fort3"-two, did pass an act for the levj'ing 
§ ^- a tax of seven thousaud five hundred pounds, in bills emitted by said 

act, to be assess'd this present year, — the whole of the two sums afore- 
. said amounting to the sum of twenty thousaud pounds ; and by the 
aforesaid acts, provision was made that the general court might, in the 
several years, apportion the several sums on the several towns in the 
province, if they thought fit : and the assembly aforesaid have likewise 
1741-42, chap. 11, ordered that the sum of one thousand six hundred and thirtj'-eight 
^ ^^' pounds and threepence farthing, being the one half of such sura or sums 

as were paid the representatives in the j'cars one thousand seven hun- 
dred and thirtv-nine, and one thousand seven hundred and fort^', and 
also the sum of twenty-one hundred pounds four shillings and sixpence 
halfpenny, paid the representatives the last jear, and laid as a fine on 
several towns — the said two sums amounting to three thousand seven 
hundred and thirt^'-eight pounds four shillings and ninepence three 
farthings — should be levied and assess'd, on this present year, on the 
polls and estates of the inhabitants of the several towns, according to 
what their respective representatives have received ; ivherefore, for the 
ordering, directing, and effectual drawing in the sum of twenty thou- 
sand pounds, pursuant to the funds and grants aforesaid, and ch'awing 



[1st Sess.] Province Laws. — 1743-44. 87 

the said sum into the treasury, according to the appointment now agreed 
to by this court ; and also for drawing in the sum of three thousand 
seven hundred and thirty-eight pounds four shillings and ninepence 
three farthings, paid the representatives, and laid as a fine on the several 
towns, as aforesaid; all which is unanimousl}' approved, ratif[y][i]ed, 
and confirmed ; we, his majest3''s 'most lo3-al and dutiful subjects, the 
representatives in general court assembled, pray that it may be 
enacted, — 

And be it accordingly enacted by tlie Governour, CouTicil and Hoxise of 
Representatives^ 

[Sect. 1.] That each town and district within this province be 
assess[e]'d and pa}', as such town's and district's proportion of the sum 
of twenty thousand pounds, in bills of the tenor last emitted, as also 
for the fines laid on them, and their representatives' pay, the several 
sums following ; that is to say, — 



88 



Province Laws. — 1743-44. 



[Chap. 9.] 



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Peovixce Laavs.— 1743-44. 



[Chap. 9.] 



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[1st Sess.] 



Peovixce Laws. — 1743-44. 



93 





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94 



Province Laws. — 1743-44. 



[Chap. 9.] 



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[1st Sess.] 



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[Chap. 9.] 





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[1st Sess.] Province Laws.— 1743-44. 



97 



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13 



98 Province Laws.— 1743-44. [Chap. 9.] 

And be it further enacted, 

[Sect. 2.] That the treasurer do forthwith send out his warrants, 
directed to the selectmen or assessors of each town or district within 
this province, requiring them, respectivel3% to assess the sura hereb}' set 
upon such town or district, in manner following ; that is to say, to 
assess all rateable male polls above the age of sixteen years, at four 
•shillings and twopence per poll, and proportionabty in assessing the 
fines mentioned in this act, and the additional sum receiv'd out of the 
treasury for the payment of the representatives (except the governour, 
lieutenant-go vernour and their families, the president, fellows and 
students of Harvard College, setled ministers and grammar school- 
masters, who are hereby exempted as well from being tax[e]d for their 
polls, [as for*^ their estates being in their own hands and under their 
actual mauag[e]ment and improvement) ; and [other 2')ersons, if *']%i\ch. 
there be, who, through age, infirmity or extream poverty, in the judg- 
ment of the assessors, are not capable to pa}' towards publick charges, 
they maj' exempt their polls, and so much of their estates as in their 
prudence they shall think fit and judge meet. 

[Sect. 3.] And the justices in the general sessions, in the respective 
counties assembled, in granting a county tax or assessment, are hereby 
ordered and directed to apportion the same on the several towns in such 
county in proportion to their i)rovince rate, exclusive of what has been 
paid out of the publick treasur}^ to the representative of such town for 
his service ; and the assessors of each town in the province are also 
directed, in making an assessment, to govern themselves by the same 
rule ; and all estates, both real and personal, lying within the limits of 
such town or district, or next unto the same, not paying elsewhere, in 
whose hands, tenure, occupation or possession soever the same is or 
shall be found, and also the incomes or profits which any person or per- 
sons (except as before excepted) do or shall receive frorn an}' trade, 
faculty, business or emplo3^ment whatsoever, and all profits that shall 
or ma3^ arise by money or other estate not particularly otherwise 
assess'd, or commissions of profit in their improvement, according to 
their understanding and cunning, at one penny on the pound, and to 
abate or multiply the same, if need be, so as to make up the sum set 
and ordered hereby for such town or district to pay ; and, in making 
their assessments, to estimate houses and lands at six years' income of 
the yearl}' rents, in the bills last emitted, whereat the same may be 
reasonabl}' set or let for in the place whei'e they lye : saving all contracts 
between landlord and tenant, and where no contract is, the landlord to 
reimburse one-half of the tax set upon such houses and lands ; and to 
estimate Indian, negro and molatto servants proportion ably as other 
personal estate, according to their sound judgment and discretion ; as 
also to estimate every ox of four j'ears old and upwards, at forty shil- 
lings in bills of the last emission ; ever}" cow of three j'cars old and 
upwards, at thirty shillings ; ever}^ horse and mare of three years old 
and upwards, at forty shillings ; every swine of one j^ear old and up- 
wards, at eight shillings ; every goat and sheep of one year old land 
upwards, at three shillings : likewise requiring the assessors to make a 
fair listof the said assessment, set[i]ing forth, in distinct columns, against 
each particular person's name, how much he or she is assess[e]'d at for 
polls, and how much for houses and lands, and how much for personal 
estate and income by trade or faculty ; and the list or lists, so per- 
fected and signed by them, or the major part of them, to commit[t] to 
the collectors, constable or constables of such town or district, and to 
return a certificate of the name or names of such collectors, constable or 

* Parchment mutilated by mice. 



[1st Sess.] Pkovince Laws. — 1743-44. 99 

constables, together with the sum total to each of them committed, unto 
himself, some time before the last da}' of January. 

[Sect. 4.] And the treasurer for the time being, upon the receipt of 
such certificate, is hereb}' impowered and ordered to issue forth his 
. warrants to the collector, constable or constables of such town or dis- 
trict, requiring him or them, respective!}', to collect the whole of each 
respective sum assess[e]'d on each particular person, before the last day 
of March next ; and of the inhabitants of the town of Boston, some time 
in the month of January next ; and to pay in their collection, and issue 
the accompts of the whole, at or before the last day of March, which 
will be in the 3'ear of our Lord one thousand seven hundred and forty- 
four. 

And be it further enacted, 

[Sect. 5.] That the assessors of each town and district, respectively, 
in convenient time before their making the assessment, shall give sea- 
sonable warning to the inhabitants, in a town meeting, or by posting up 
notifications in some place or places in such town or district, or notify 
the inhabitants to give or bring in to the assessors true and perfect lists 
of their polls, rateable estate, and income by trade or facuUy, and gain 
b}^ money at interest. And if any person or persons shall neglect or 
refuse so to do, or bring in a false list, it shall be lawful to and for the 
assessors to assess such person or persons, according to their known 
ability in such town, in their sound judgment and discretion, their due 
proportion to this tax, as near as they can, agre[e]able to the rules 
herein given, under the penalty of twenty shillings for each person that 
shall be convicted by legal proof, in the judgment of the said assessors,. 
of bringing in a false list ; the said' fines to be for the use of the poor 
of such town or district where the delinquent lives, to be levied by 
wai'rant from the assessors, directed to the collector or constables, in 
manner as is directed for gathermg town assessments, and to be paid 
in to the town treasurer or selectmen for the use aforesaid : saving, to 
the party aggriev'd at the judgment of the assessors in set[t]ing forth 
such fine, liberty of appeal therefrom to the court of general sessions of 
the peace within the count}-, for rel[ei][ie]f,' as in case of being over- 
rated. And if any person or persons shall not bring in a list of their 
estate as aforesaid to the assessors, he or they so neglecting shall not 
be admitted to make application to the court of sessions for any abate- 
ment of the assessment laid on him. 

[Sect. 6.] And if the party be not convicted of any falseness in the 
list, by him presented, of polls, rateable estate, or income by any trade 
or faculty, business or employment, which he doth or shall exercise, or 
in gain by money at interest or otherwise, or other estate not particu- 
larly assess'd, such list shall be a rule for such person's proportion to 
the tax, which the assessors may not exceed. 

And forasmuch as ofttimes sundry persons, not belonging to this Preamble 
province, bring considerable [trade*'\ and merchandize, and by reason 
that the tax or rate of the town where they come to [trade and 
i?'a*]flick is finished and delivered to the constable or collector, and, 
before the next [jjear's assess*] ment, are gone out of the province, and 
so pay nothing towards the support of the government, tho', in the time 
of their residing there, they reap'd considerable gain by trade, and had 
the protection of the government, — 

Be it further enacted, 

[Sect. 7.] That when any such person or persons shall come and Transient trad- 
reside in any town of this province, and bring any merchandize, and ers to be rated. 
trade and deal therewith, the assessors of such town are hereby impow- 

* Parchment mutilated by mice. 



100 Province Laws.— 1743-44. [Chap. 9.] 

ered to rate and assess all such persons according to their circumstances, 
pursuant to the rules and directions in this act provided, thon[gh] the 
former rate ma}- have been finished, and the new one not perfected, as 
aforesaid. 

A7id be it further enacted, 

[Sect. 8.] That when any merchant, trader or factor, inhabitant of 
some one town within this province, shall transact or carrj^ on trade 
and business in some other town in the province, the assessors of such 
town where such trade and business shall be carried on as aforesaid, be 
and hereby are impowered to rate and assess all such merchants, trad- 
ers and factors, their goods or merchandize, for carr3ang on such trade, 
and exercising their facult}'' in such town, pursuant to the rules and 
directions in this act. And the constables or collectors are hereby 
enjo3'ned to lev}^ and collect all such sums committed to them, and as- 
sess'd on persons who are not of this province, or are inhabitants of 
any other town as aforesaid, ajid pay the same into the town treasurj-. 
And he it further enacted. 
Tax may be TSect. 9.1 That the Inhabitants of this province shall have liberty, 

13'iici ill otliGr "^ ' 

species besides H they scc fit, to pa}^ the sevcral sums for which they may respectively 
tbe bills emitted. \)q [issess'd at, as their proportion of the aforesaid sura of twenty-three 
thousand seven hundred and thirtj'-eight pounds, four shillings and 
ninepence three farthings in bills of credit of the last emission, or in 
bills of credit of the middle tenor, so called, according to their denom- 
inations, or in bills of the old tenor, accounting four for one ; or in 
coin[e]'d silver, at the rate of six shillings and eightpence per onnce, 
troy weight ; or in gold coin, at the rate of four pounds eighteen shil- 
lings per ounce ; or in good merchantable hemp, at fourpence per pound ; 
or merchantable flax, at fivepence per pound ; or in good, merchantable, 
Isle-of-Sable codfish, at ten shillings per quintal ; or in good refined bar- 
iron, at fifteen pounds per ton ; or bloomcrj'-iron, at twelve pounds per 
ton ; or in good, hollow iron-ware, at twelve pounds per ton ; or in good 
Indian corn, at two shillings and threepence per bushel ; or good winter 
r3-e, at two shillings and sixpence per bushel ; or good winter wheat, 
at three shillings per bushel ; or in good barley, at two shillings per 
bushel ; or good barrel pork, at two pounds per barrel ; or in barrel 
beef, at one pound five shillings per barrel ; or in duck or canvas, at 
two pounds ten shillings per bolt, each bolt to weigh forty-three pounds ; 
or in long whalebone, at two shillings and threepence per pound ; or 
merchantable cordage, at one pound five shillings per hundred ; or in 
good train-oyl[e], at one pound ten shillings per barrel; or in good 
beeswax, at tenpence per pound ; or in ba3'ber[r]y-wax, at sixpence 
per pound ; or in tried tallow, at fourpence per pound ; or in good 
peas[e], at three shillings per bushel ; or in good sheepswool, at nine- 
pence per pound ; or good, tann'd sole-leather, at fourpence per pound : 
all which aforesaid commodities shall be of the produce of this prov- 
ince, and, as soon as conveniently ma}- be, dispos[e]'d of b}' the treas- 
urer to the best advantage, [andj for so much as the}- will fetch in bills 
of credit, or for silver and gold ; and the several persons who [)txy their 
taxes in anj^of the commodities before raentionel, shall run the risque 
and pay the charge of transporting the same to the province treasury. 

[Sect. 10.] And if any loss shall happen by the sale of any of the 
aforesaid species, it shall [be] made good by a tax the next j'ear ; and 
if there be a surplusage, it shall remain a stock in the treasury. 
\_Passed June 25. 



[2d Sess.] Province Laws. — 1743-44. . 101 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Eighth day of September, A. D. 1743. 



CHAPTER 10. 

AN ACT FOR ESTABLISHING AND REGULATING FEES "WITHIN THIS 

PROVINCE. 

Whereas some services of a publick nature have no fees stated b}' Preamble. 
law, and others which have been established by two acts, made in the ]749"i3'^cl;''.f;'"5" 
fourth and thirteenth years of King William the Third, by reason of 
the alteration of circumstances, are become unequal, — 

Be it therefore enacted by the Governour, Council and House of 
Representatives, 

[Sect. 1.] That from and after the publication of this act, the Rf>.tesoffoesfor 
following fees, in bills of credit emitted for the supply of the treasury- ° 
in the year one thousand seven hundred and forty-one, or in other 
province bills, or gold or silver in proportion, at the choice of the 
payer, may be taken for the future ; viz"^'^., — 

JUSTICE'S FEES. 

For granting a writ, summons or original summons, six- 
pence, 

Subpoena for each witness, one penny and a halfpenny, . 

Entring an action or complaint, one shilling and sixpence. 

Writ of execution, one shilling, 

Filing papers, each, one penny, ..... 

Taxing a bill of cost, threepence, ..... 

Entring up judgment in civil or criminal cases, ninepence, 

Bond for appeal, sixpence, ...... 

Copy of every evidence, original papers or records, six- 
pence per page for each page of twenty-eight lines, 
eight words in a line ; if less than a page, three- 
pence, 

Each recognizance, one shilling, ..... 

Confessing judgment, sixpence, 

Affidavit out of court in order to the tr[y][i]al of any 

cause, one shilling, — . . . . . .010 

in other causes, together with certificate, examining and 

entry, sixpence, 6 

Acknowledging an instrument with one or more seals, pro- 
vided it be done at one and the same time, one 
shilling, . . . . •. . . .010 

A warrant, sixpence, 6 



£0 


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102 Province Laws.— 1743-44. [Chap. 10.] 

■ Each day's attendance at the sessions, to be paid out of 

the fines, two shillings, . . . . . . £0 2s. Od. 

Allowance to the part}' for whom costs shall be taxed, one 
shilling per day, ten miles' travel to be accounted a 
day, 10 

For witnesses in civil causes, one shilling and sixpence per 

day, and ten miles' travel to be accounted a da^', .016 

Taking affidavits in loerpetuam^ one shilling to each justice, 10 

CORONER'S FEES. 

For serving a writ, summons, or execution, and travel- 

[/]ing-fees, the same as sheriffs. 

Bail bond, sixpence, G 

Ever}' trial, where the sheritT is concerned, ninepence, .009 
Taking an inquisition, to be paid out of the deceas[e]d's 

estate, six shillings and eightpence, — . . .068 
for more than one at the same time, ten shillings, — 
if no estate, then to be paid by the county treasurer, 

three shillings and fourpence, and for more than 

one, five shillings, . . . . . . .034 

For travel[/]ing and expences for taking an inquisition, 

each da}^, six shillings, . . . . . .060 

The foreman of the jury, three shillings ; and ten miles 

accounted a day's travel, one shilling, . . .010 
Every other juror, two shillings and sixpence, — . .026 
travel, the same. 

JUDGE OF PROBATE AND REGISTER'S FEES. 

For granting administration or guardianship, bonds, and 
letters of administration or guardianship ; — 

to the judge, two shillings, 2 

to the register, for writing bond of administration or 

guardianship, one shilling and ninepence, . .019 
for writing letter of administration or letters of 

guardianship, one shilling and sixpence, . .016 

For granting guardianship of divers minors to the same 
person and at the same time ; — 
to the judge, for each minor, [Is.] [one sJiilUng,'] . 
to the register, for each letter of guardianship and bond, 
one shilling, as before, ...... 

Proving a will or codicil ; one shilling and ninepence to the 
judge, and one shilling and threepence to the regis- 
ter, . .. 030 

Recording a will, letter of administration or guardianship, 
inventory or accompt of one page, and filing the 
same, one shilling and threepence, — . . .013 
for every page more, of twenty-eight lines, of eight 

words in a line, ninepence, . . . . .009 

For copy of a will or inventor}^, the same for each page, 

as before. 
Allowing accompts, two shillings and sixpence, . . \ 

Decree for set [i] ling of intestate estates ; to the judge, > 5 
two shillings and sixpence, . . . . . . J 

To the register, for examining such accompts, one shil- 
ling, 010 

Ever}- citation ; to the register, ninepence, . . .009 
Every quietus ; to the judge, one shilling, to the register, 

one shilling, 2 



[2d Sess.] 



Province Laws. — 1743-44. 



103 



Warrant or commission for apprizing or dividing estates ; 
one shilling to the judge, one shilling to the regis^ 

ter, 

Making out commission to receive and examine the claims 
of creditors in insolvent estates ; to the judge, one 
shilling, and to the register, one shilling, — . 

for recording the same, one shilling and threepence, 

registering the commissioner's report, each page, nine- 
pence, as above, ....... 

making out and entring an order upon the administrator 
to pay out the estate to the several creditors, in pro- 
portion returned bj'the commissioners, one shilling, 

for proportioning such estate among the creditors, agree- 
able to the commissioners' return, when the estate 
exceeds not fifty pounds ; to the register, two shil- 
lings, — ........ 

and above that sum, three shillings, .... 

for recording the same, ninepence per page^ as before, i 



£0 2s. Od. 



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IN THE SUPERIOUR COURT. 

justice's fees. 

Entring every action, five shillings, . » . * . 
Taking every special bail, one shilling, * . * * 
Allowing a writ of error, one shilling and sixpence, i * 
Allowing a habeas corpus, one shilling, ...» 
Taxing a bill of cost, sixpence, ..... 
Attorney's fee, to be allowed in the bill of cost taxed, six 

shillings, ........ 

Granting liberty for the sale of land or estates, testate, 

two shillings, .».*«». 

On receiving each petition, one shilling, . > > < 

clerk's fees. 

On entring every action, one shilling, . . » 
Every writ of scire facias, one shilling and sixpence, 
Every writ of review, two shillings and sixpence, — . 

if more than one page, sixpence per page, as before, 
Entring of everj^ rule of court, sixpence, . . 
Filing a declaration, ....»» 

Entring appearance, threepence, ... * 
Signing a judgment by default, sixpence. 
Receiving and recording a verdict, sixpence. 
Copies of all records, each page of twenty-eight lines, 
eight words in a line, sixpence,— . 

if less than one page, sixpence, .... 
Ever}^ action withdrawn or nonsgit, sixpence, . > 
Every petition read, sixpence, — .... 

order thereon, sixpence, ..... 

Filing the papers of each cause, one penny per paper, 
Every execution, one shilling, . . ... 

Writ of habeas corpus, two shillings, . . * 
Drawing bail bond, one shilling, .... 

Confessing judgment, one shilling, .... 

Acknowledging satisfaction of a judgment on record, six 
pence, ........ 

Examining each bill of cost, sixpence, . . . 






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104 Province Laws.— 1743-44. [Chap. 10.] 

Continuing eacli cause, and entring the next term, six- 
pence, £0 Os.Bd. 

Entring up judgment and copying the same, one shilling, 10 
To each venire, to be paid out of the county treasuries, 
respectively, by order from any three of the justices - 
of said court, threepence, 3 

IN THE INFERIOUR COURT OF COMMON PLEAS, AND 
COURT OF GENERAL SESSIONS. 

justice's fees. 

Entry of every action, four shillings, .... 
Taxing a bill of cost, sixpence, . . . . . 
Attorney's fee, to be allow'd in the bill of cost taxed, five 

shillings, . . . ... . . . 

Taking the recognizance on appeals, sixpence, . . . 
Each recognizance in granting licences, one shilling, . 
Proving each deed, two shillings, . . . . . 

Granting every licen[s][c]e for publick entertainment or 

retailing, one shilling, . . . . . .010 

clerk's fees. 

Every action entred, one shilling, ..... 

Every writ and seal, sixpence, ...... 

Every appearance, threepence, 

Entring and [recording] [rendring'] a verdict, sixpence, . 

Recording a judgment, one shilling, . . . * . 

Copies of all records, each page, as before, sixpence, 

Everj^ action withdrawn or nonsuit, sixpence, . . . 

Every execution, one shilling, ...... 

Taking special bail, one shilling ; confessing judgment or 

default, sixpence, . . . . . . .016 

Acknowledging satisfaction of a judgment on record, six- 
pence, . . . . . . . . .006 

"Writ of habeas corpus^ two shillings ; continuing each 
cause, and entry at the next court, sixpence, . 

Entring up judgment and copj'ing, one shilling, * . 

Examining each bill of cost, sixpence ; each recognizance, 
one shilling, ........ 

Each venire, to be paid out of the county treasuries, re- 
spectivety, by order of court, threepence, . . 

"Writ of facias habere possessionem, two shillings, . . 

Filing each paper, a penny, ...... 

clerk op the sessions' pees. 

Entring a complaint or indictment, one shilling, 

Discharging a recognizance, sixpence, .... 

Each warrant against criminals, sixpence, . . . 

Every summons or subpoena, twopence, .... 

Every recognizance for the peace or good behaviour, one 
shilling, ........ 

Granting every licence for publick entertainment or retail- 
ing, one shilling, . 

For each recognizance, one shilling, ..... 

Entring up judgment, or entring satisfaction of judgment 
on record, and copying, one shilling. 

Each warrant for county tax, sixpence, .... 






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[2d Sess.] 



Province Laws. — 1743-44. 



105 



Recording each marriage, to be paid by the town clerks 
respectively, threepence, ..... 

For minuting the receipt of each petition and order thereon, 
and recording, ninepence per page, as before, 

Examining and casting the grand jury's acco[»n]t yearh', 
and order thereon, to be paid by the county treasurer 
by order of the court of sessions, one shilling and 
sixpence, ........ 

For copies of all original papers or records, ninepence per 
page, as before, . 

For filing each paper [a penny], 

SEEEIFF'S OB CONSTABLE'S FEES, 

For serving an original summons, one shilling, . 

Every capias or attachment in civil, or warrants in crim- 
inal, cases for trial, one shilling, — .... 
and for travel out and to return the writ (the travel to be 
certified on the back of the writ or original sum- 
mons) , one penny halfpenny per mile, . 

Bail bond, sixpence, 

Serving execution in every personal action, if twenty 
pounds or under, one shilling per pound ; for all 
others not exceeding forty pounds, sixpence per 
pound ; for all others not exceeding one hundred 
pounds, fourpence per pound ; all others above one 
hundred pounds, twopence per pound ; the fees to 
1)6 in the same money that the execution is extended 
for. 
For travel out and to return the execution, twopence per 
mile, the travel to be accounted from the court- 
house in each shire town in each county, 

For giving livery and seizen of real estates, seven shillings 
and sixpence, — ....... 

travel as before, if of different parcels of land, five shillings 
each, ... 

Every trial, sixpence, 

Every default, threepence, ...... 

Every precept for the choice of representatives, one shilling, 
to be paid out of the county treasur[y] [ie]s respect- 
ively, 

To the officer attending the grand jury, each day, one shil- 
ling and sixpence, 



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CEYEB'S FEES. 

Calling the jury, threepence, .... 
Every default or nonsuit, sixpence, . 
Every verdict, sixpence, ..... 
Every judgment affirmed on a complaint, sixpence. 



3 

6 

6 

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GOALEE'S FEES. 

For turning the key on each prisoner committed, two shil- 
lings and sixpence ; viz"^*^., one shilling and three- 
pence in, and one shilling and threepence out. 

For dieting each person, three shillings per week, 
14 



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106 , Province Laws.— 1743-44. [Chap. 10.] 

31ESSENGEB OF TEE HOUSE OF REPRESENTATIVES' FEES. 

For serving every warrant from the house of representa- 
tives, which the}' may grant for arresting, imprison- 
ing, or taking into custody any person, one shilling 
and sixpence, — . . . . . . . £0 Is. 6c?. 

for travel, each mile out, twopence per mile, — . .002 
for keeping and providing food for such person, each day, 

two shillings and sixpence, — . . . . .026 

for his discharge or dismission, one shilling and sixpence, 

to be paid as by law already provided, . . .016 

GRAND JUROR'S FEES. 

Foreman, each day, two shillings, — 2 

each other, one shilling and sixpence, . . . .016 

PETIT JUROR'S FEES. 

To the foreman, in every case at the superiour court, one 

shilling and threepence, — . . . . .013 
to every other juror, one shilling, . . . . .010 
To the foreman, in every case at the inferiour court or 

sessions, one shilling, — 10 

, to every other juror, ninepence, 9 

FOB MARRIAGES. 

For each marriage, two shillings and sixpence ; out of 
which to be paid to the town clerk for recording, 
threepence, and to the clerk of the sessions for 
recording, threepence, 2 6 

To the town clerk, for every publishment of the banns of 
matrimony and entring thereof, one shilling, . 

Every certificate of such publishment, ninepence, 

Recording births and deaths, each, fourpence, . 

For a certificate of the birth or death of any person, three- 
pence, 003 

Fpr every search of record, when no copy is required, 

threepence, 3 

COUNTY REGISTER'S FEES. 

For entring or recording any deed, conveyance or mortgage, 

for the first page, ninepence, — . . . .009 

and sixpence* a page for so many pages more as it shall 
contain, accounting after the rate of twenty-eight 
lines, of eight words to a line, to each page, and pro- 
portionably for so much more as shall be under a 
page, — . . . . . . . . .006 

and threepence for his attestation on the original, of the 
time, book and folio where it is recorded, — . 

and for discharge of a mortgage, as aforesaid, sixpence, 

GOVERNOUR AND SECRETARY'S FEES. 

To the governour, five shillings for registers, . 
To the secretar}^, two shillings and sixpence, . 
For certificates under the province seal ; to the governour, 
five shillings, — ....... 

to the secretary, two shillings and sixpence, . 
For warrants of apprizement, survey, &.d^'^. ; to the gover- 
nour, three shillings, — 

to the secretary, three shillings, 






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[2d Sess.] Province Laws.— 1743-44. 107 

To the governour, for a pass to the castle for each vessel, 
one shilling and threepence ; wood sloops and other 
coasting vessels, for which passes have not been usu- 
ally required, excepted, £0 Is. 3d. 

For a certificate of naval stores', in the whole, five shillings, 5 
And be it further enacted, 

[Sect. 2.] That if an}' of the officers aforesaid shall demand and 
take any greater or other fees for the matters before mentioned, or any 
of them, than are allowed to be demanded and taken by this act, and 
shall be thereof convict, they shall forf[ie][(?;"]t and pay for each offence 
the sum of ten pounds, to be applied, the one moiety thereof for and 
towards the support of this government, and the other moiety to him 
or them that shall sue for the same ; to be recovered bj' action, bill, 
plaint or information, in any court of record proper to try the same. 
And all officers to whom an}'' warrant, summons, capias or attachment 
shall be committed, and who shall receive fees for the service thereof, 
are liereby required, without unnecessar}' delay, to serve and execute 
the same, on forf[ie] [e/]ture of ten pounds, to be recovered and applied 
as aforesaid, besides making good such dam[?u]age as the party ma}' 
sustain by such delay : 2^^'ovided, in civil causes, the fees for travel and 
service be first tendred and paid if required by such officers. 
y [Sect. 3.] This act to continue and be in force for the space of one Limitation. 
year from the publication thereof, and from thence to the end of the 
next session of the general court, and no longer. [^Passed and pub- 
lislied September 15. 



CHAPTEB 11. 

AN ACT FOR SECURING THE SEASONABLE PAYMENT OF TOWN AND 
PRECINCT RATES OR ASSESSMENTS. 

Whereas the method directed to by law, and heretofore practiced by 1736-37, chap. is. 
the receivers [or] [o/] treasurers of towns and precincts, hath been to 
sue for and recover town and precinct rates and assessments, or the 
arrears thereof, by mean process ag-ainst the constable[s] or collectors 
to whom they were committed to be gathered, who neglected their duty 
therein, whereby the payments of such rates or assessments into the 
respective town or precinct treasuries hath been greatly delayed, to the 
greivous dam[?jt]age of many places ; to prevent which for the future, — 

Be it enacted by the Governour^ Council and House of Represent- 
\_atiy''\ 

[vSect. 1.] That from and after the publication of this act, if the 
constable or collector of any town or precinct within this province (to 
whom any town or precinct rates or assessments have been committed 
to collect) , shall be remiss in his duty by law required, and neglect to 
collect such rates and assessments as have been committed to him to 
collect, and to pay in the same to the treasurer or receiver of such town 
or precinct by the time fixed in the warrant to him directed, or within 
one month next after the expiration thereof, such treasurer or receiver 
is hereby impowered, by warrant, under his hand and seal, du'ected to 
the sheriff of the county or his deputy (who are hereby respectively 
directed and impowered to execute the same), to cause such sum or 
sums of money as such constable or collector hath not paid in, to be 
levied by distress and sale of his estate, real or personal, returning the 
overplus, if any there be, and for want of such estate, to take the body 



108 



Province Laws. — 1743-44. [Chap. 12.] 



of such constable or collector, aud to imprison him uutil[l] ho pay the 
same : provided, — 

[Sect. 2.] This act shall continue and be in force for the space of 
ten 3'ears from and after the publication thereof, and from thence to the 
end of the then next session of the general court, • and no longer. 
[PassecZ September 15 ; published September 19. 



CHAPTEK 12. 

AN ACT FOR ERECTING OF WORKHOUSES FOR THE RECEPTION AND 
EMPLOYMENT OF THE IDLE AND INDIGENT. 



Preamble. 

] 699-1700, chap. 

8. 

1706-4, chap. U. 

1710-11, chap. 6. 

1730.31, chap. 3. 

1740-41, chap. 20. 



Any single town 
may erect a 
■workhouse, ap- 
point overseers, 
&c. 



Overseers may 
make needful 
orders for regu- 
lating such 
house. 



Two or more 
towns may 
erect a work, 
bouse. 



May appoint 
overseers to in- 
spect the house, 
and order the 
affairs of it. 



Whereas the erecting of houses for the entertainment and employ- 
ment of idle and slothful[l] persons who refuse to exercise any lawful[l] 
calling or business, whereby to support themselves and famil[y][ie]s, 
and of the poor and indigent that want means to employ themselves, 
may be of great advantage to the publick, and more especially to the 
towns that shall be concern'd in such an undertaking, — 

Be it therefore enacted by the Governour, Council and Souse of Repre- 
sentatives^ 

[Sect. 1.] That whensoever any town within [the] [this'] province 
shall see meet to erect or provide an house for the purpose before 
mentioned, such town shall be and hereby is authorized and impower[e]d 
so to do ; as also, at their publick meetings for the choice of town offi- 
cers, in the month of March, annually, to ch[oo][M]se five, seven or 
nine overseers of said house, who shall have the inspection, ordering, 
and government thereof, with power of appointing a master and need- 
ful [1] assistants for the more immediate care and oversight of the 
persons received into, or emplo3'ed in said house ; which overseers, once 
in every month, and at other times as occasion shall require, shall 
assemble together to consider and determine of the most proper methods 
for the discharge of their office, and at their stated monthly meetings, 
shall have power to make needful [1] orders for the regulation of such 
house, which orders shall be binding till the next publick meeting of the 
inhabitants of such town, to whom such orders shall be presented for 
approbation, and when by them approved, shall be obligator}' until [1] 
revoked b}^ said town. 

And be it further enacted, 

[Sect. 2.] That when any number of towns shall agree, at their 
joint charge and for their common benefit, to erect or provide a work- 
house for the employment of persons residing in such towns, that are 
indigent or idle, or to purchase land whereon to erect such house, and 
for the accommodation of it, they shall be and hereby are vested with 
authority so to do ; aud the regulation, inspection, and government of 
such house, when erected, ordering the needrul[l] repairs of it — with 
power of appointing a master and other assistants, and him or them, in 
case of any irregular behaviour, incapacity or other just cause, to 
remove from their respective offices or trusts — shall be in the hands of 
the overseers, to be from year to year specially appointed or chosen by 
the several towns concerned, at their anniversaiy publick meetings in 
the month of March ; each town to choose five, unless all the towns 
engaged in the undertaking shall agree upon any other number or pro- 
portions : and in case of the death of an}' overseer, or his removal out 
of the town for which he was appointed, the vacanc}^ thereby made may 
be supply'd by such town at any other publick meeting ; aud if any 



[2d Sess.] Province Laws. — 1743-44. 109 

town or towns concern [e]d, shall neglect to cli[oo][w]se such overseers, 
in such case, the person or persons chosen by the other towns, may 
proceed in all affairs of said house, any such neglect or refusal notwith- 
standing. 

Ayid be it further enacted, 

[Sect. 3.] That there be stated quarterly meetings of all the overseers, Overseers to 
on the first Tuesday of the months of April, July, October, and January, meetin^s"^''^ 
from year to 3'ear, to be held at the workhouse, in order to inspect the 
management thereof, and for the ordering the affairs of said house ; 
and besides these stated meetings, intermediate meetings, to be held at 
the workhouse, may be called, when need requires, by the overseers of 
any town concern [e]d, due notice of the time and occasion thereof being 
given to the rest in such way and manner as shall be agreed on by the 
overseers at any general stated meeting. 

And be it further enacted, 

[Sect. 4.] That the overseers, when duly assembled, may ch[oo][?(]se May choose a 
a moderator to regulate the business of the meeting, who shall have a cierk.'&c.'^' 
voice in matters voted or transacted by the overseers, in case only of an 
equi-vote ; and, at their first gen[era]l meeting in every year, shall like- 
wise cho[o]se a clerk to enter and record all votes and orders that from 
time to time shall be made and passed by the overseers, who shall be 
sworn to the faithful [1] discharge of his trust. 

And be it further enacted, 

[Sect. 5.] That the overseers for the time being, at a general quar- May make 
terly meeting, whereat one-half at least of the whole number of over- "aws!^ ""'^ ^^' 
seers shall be present, shall have power to make needful [1] and reason- 
able orders and by-laws, not repu[n]gnant to the laws of this province, 
for the better and more decent regulating the said house, and well- 
ordering the affairs of it; which orders shall be binding until [1] the 
expiration of the year for which such overseers shall be chosen, or 
until[l] the}' shall be by them revoked ; and at such meeting may like- May order a 
wise agree with the master or other assistants, and order meet allow- to^bVmartcr^ 
ance, for their care and service during the term for which such overseers ^°<^ assistants. 
shall be chosen, or such further term as the towns concern[e]d shall 
agree : all other matters of less importance relating to the said house, 
may be transacted at any other meetings duly warned, when but seven 
of the overseers are present ; subject, nevertheless, to be altered or 
reversed at any general stated meeting. 

And be it further enacted, 

[Sect. 6.] That the yearly stipend or allowance to the master and By whom, and 
assistants, over and above what is provided for by this act for their care tlo^/lhe aiiow-'^" 
and trouble, together with the charge of keeping the house in repair, -I'lce to the mas 
shall be paid by the several towns concerned, in proportion as they are ofVcpairi"e?he 
set or rated in the province tax at the time when such repairs shall be defrayed?" ^^ 
made, or such allowance stated by the overseers, or in such other pro- 
portion as all the towns concern[e]d shall agree; and the town or 
towns refusing or neglecting to advance their respective proportion of 
such allowance, or other charges before mentioned, after they shall have 
been stated and adjusted b}^ the overseers, the same may be recovered 
of such delinquent town or towns, in any court proper to tvj the same, 
b}' action to be brought by the person or persons whom the overseers 
may appoint for that purpose. 

And be it further enacted, 

[Sect. 7.] That any three or more of the overseers in an}'' town Overseers of 
alread}' provided with such a house, and of the overseers in any town cerned7mpow- 
that (cither by themselves or in conjunction with other towns) shall crod to commit 

,\, ^ ,, , Vi iiTi.li persons to the 

herealter erect a workhouse, be and they are hereb)' directed and workhouse. 
impowered to commit [t J to such house, by writing under the hands 



110 Pko^'ince Laws.— 1743-44. [Chap. 12.] 

of the s[ai]d overseers, to be employ [e]d and governed according to 
the rules and orders of the house, an^' person or persons, residing in 
such town, that hereafter in this act are declared liable to be sent 
thither : provided^ that no greater number of persons belonging to an_y 
town be received into the house than such towns proportion of said 
house (to be allotted them) can accommodate, when the receiving them 
will exclude or incom[7n]od[ate][e] such as belong to other towns. 
Ayid he it further enacted, 
Qualification of [Sect. 8.] That the persons who shall be liable to be sent to, 
to be°6ent^ ^ emplo3'ed, and governed in any woi'khouse erected or to be erected by 
thither. Qj-,g qj. inore towns, pursuant to this or any former act, are all poor and 

indigent persons, that are maintained b}^ or receive alms from the town ; 
also all persons able of bod}" to work, and not having estate or means 
otherways to maintain themselves, who refuse or neglect so to do, live 
a dissolute or vagrant life, and exercise no ordinary or lawful[l] busi- 
ness or calling whereby to gain an honest livelihood ; and all such as, 
having some rat[e]able estate, but not enough to qualify' [f^]em to vote 
in town affairs, do neglect the due care and improvement of it, and, by 
consuming their time and mone}^ in publick houses to the neglect of 
their proper business, or by other ways mispending what they earn, to 
the impoverishment of themselves or famil[3^J[ie]s, are likel3'to become 
chargeable to the town. 

And it is hereby further provided and enacted, 
Towns neglect- [Sect. 9.] That if any town shall refuse or neglect to provide their 
thfir'proponfon proportion of the needful [1] furniture for such house, or of the mate- 
&c™'de Mivt'd of I'i'^^ls, implements, and other necessaries for carrying on the work there 
th-'priviioge of to be performed, according to their agreement, or as shall be ordered by 
thithei? ^'^'"®°'^® the overseers, such town shall be deprived of the priviledge of sending 
any person thither until [1] such time as the}' shall comply with such 
order or agreement. 

And he it further enacted, 
The master to [Sect. 10.] That besides the afores[a/]d proportion of materials, 
ria^ssVnt'by'^'^" &c'^''l, to bc fouud by the towns concerned, each town ma}' likewise 
r'^m u7se'g?'nt* providc such materials, implements, and tools for work as the overseers 
by other towns, for such towu shall judgc any person by them committed to said house 
can be employed about, with most profit and advantage, daring hi« 
To be account- Or her abode there ; and the master of the house shall receive such 
prirap°rtock and ^^^^^^^''^^®' ^^'^^ keep tlicm sep[a][e]rate and apart from those that 
earnings. shall be Sent by any other town, and shall be accountable to the over- 

seers of each town concerned, as well for the prime stock as for all 
profits and earnings that shall be made by the labour of those, belong- 
To keep a regis- iug to such town, under his care; and shall keep a register of the 
ter, &c. names of the persons committed to such workhouse, with the time of 

their being received into and discharged from it, and of their earnings 
by their labour, that so the same may appear to any of the overseers 
Controversies whensoever they shall see cause to inspect them ; and all controversies 
ter and'ove"'*^' between the master or keeper of such house and the overseers of any 
seers (if any town touchlug his acco[mp] [t<»]ts or other affairs whatsoever, may be 
determined. determined by the OA^erseers of the house at a general meeting. 

And be it further enacted. 
Each town to [Sect. 11.] That no town shall be at charge for the support or relief 

of support'ing^^ of ^"J person committed to said house, who was not sent thither hy the 
such fj*^ they ovcrsccrs belonging to such town; nor any person orderly committed 
house. to it shall be discharged from it but by the overseers by whom he was 

How persons committed, or by the overseers, at a general meeting, or otherwise by 
be'toihargedy the justiccs of the court of general sessions of the peace, in the same 
Persons com. county, upon application to them made for that purpose; and every 
kepuo?abor. person SO Committed, if fit and able to work, shall be held and kept 



[2d Sess.] Province Laws. — 1743-44. HI 

stric[k]tly and dil[l]igently [i][e]rnployed in labour during his or her 
abode there ; and in case the}' be idle, and shall not duly perform in case thoy be 
such task or stint as shall be reasonably assign'd them, or shall be jy'^to bepun^*^'" 
stubborn and disorderly, shall be punish [e]d according to the orders isbed. 
that shall be made for the ruling, governing, and punishing of the per- 
sons there to be committed, not repugnant to the laws of this province. 

And be it further enacted, 

[Sect. 12.] That one-third part of the profits or earnings of the The master to 
work done by the persons detained in such house, shall be to the ofIhe°earning8. 
master for and towards his support, over and above such further annual 
stipend as the overseers see meet to order and allow him as before 
mentioned for his care and service. 

And be it further enacted, 

[Sect. 13.] That the prime stock, together with the other two-thirds How the other 
of the profits or incomes of the labour of the persons [i] [e]mplo3'ed the'e^ruuisjs'^ 
there, shall be disposed of by the overseers of the respective towns to and ti^e prime 
whom it belongs, either to the master in satisfaction for his service, disposed of. ° 
care, and expence about the persons by them committed to him, and at 
such rate as the said overseers and master shall agree, or for the sup- 
port of the famil[3-][i''e]s of the persons there detained, if any such 
the}' have, or otherwise for the use of such town as occasion shall 
require. 

A7id be it further enacted, 

[Sect. 14.] That any workhouse erected as aforesaid may be dis- Any workhouse 
continued or appl[y][^]ed to any other use whensoever the town or touedfincase! 
towns concerned shall find or judge their circumstances require it, and 
shall agree so to do. 

Provided, nevertheless, — 

[Sect. 15.] That nothing herein contained shall be construed or 1735-36, chap. 4. 
understood to abridge the town of Boston, or the overseers of the poor 
thereof, any priviledge or power, with relation to a workhouse, already ' 
granted them by a late law of this province for that purpose made and « 

provided. \_Fassed September 17. 



112 



Peovince Laws. — 1743-44. [Chap. 13.] 



ACTS 

Passed at the Session begun and held at Boston, 
on the Twentieth day of October, A. D. 1743. 



CHAPTER 13. 



AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF TWENTY 
THOUSAND POUNDS FOR PUT[jr]ING THE PROVINCE IN A BETTER 
POSTURE OF DEFENCE, FOR DISCHARGING THE PUBLICK DEBTS, &c., 
AND FOR DRAWING IN THE SAID BILLS INTO THE TREASURY AGAIN, 
AND FOR STATING THEIR VALUE IN DISCHARGING PUBLICK AND 
PRIVATE DEBTS. 



£20,000 in bills 
of credit to be 
emitted. 



Appropriation 
of this emission. 



£7,000 for put- 
ting the province 
into better pos- 
ture of defence. 



£2,800 for 
grants, &c. 



£1,000 for debts 
where is no 
establishment. 



Be it enacted by the Governour, Council and House of Representatives^ 
[Sect. 1.] That the treasurer be and hereb}' is impowered and 
ordered to emit and issue forth the sum of twenty thousand pounds in 
bills of credit of the newest form and tenor now lying in his hands and 
received for taxes, impost and excise, or, if there shall not be a sufB- 
cienc}', in new bills of the same form and tenor, which this court may 
hereafter order, to be alwaj's valued and taken as the bills of credit of 
the last emission are or shall be valued and taken ; and the said sum 
of twenty thousand pounds shall be issued out of the treasury in man- 
ner and for the purposes following ; viz'^'^., the sum of eight thousand 
one hundred and thirt3'-one pounds fourteen shillings and threepence, 
part of the aforesaid sum of twenty thousand pounds, to be applied 
for the paj^ment of wages that now are or that hereafter may be clue by 
virtue of the establishment of Castle William, Richmond Fort, George's 
Truck-house, Saco Truck-house, Brunswick Fort, the block-house above 
Northfield, the sloop in the countr[e]y's service, the province snow, 
and the treasurer's usual disbursements ; and the sum of seven thou- 
sand pounds, part of the aforesaid sum of twenty thousand pounds, 
shall be applied for put[i]ing the province into a better posture of 
defence, for compleating the repairs of Castle William and other forts 
and garrisons within this province, pursuant to such grants as are or 
shall be made by this court for those purposes, and two thousand 
eight hundred pounds for the payment of such other grants as are or 
shall be made by this court, and for the payment of stipends, bounties 
and premiums established b}^ law, and for the payment of all other 
matters and things which this court have or shall, either by law or 
orders, provide for the payment of out of the publick treasury, and for 
no other purpose whatsoever : the sum of one thousand pounds, part 
of the aforesaid sum of twenty' thousand pounds, shall be applied for 
the discharge of other debts owing from this province to persons who 
have served or shall serve them b}' order of this court in such matters 
and things where there is no establishment nor any certain sum assigned 



[3d Sess.] Province Laws.— 1743-44. 113 

for such service, and for paper, printing and writing for this court, the 
expences of committees of council, or of the house, or of both houses, 
entertainment of Indians, and presents made tliem by this court, tlie 
surofeon of Castle William, and wooding of said castle ; and the sum of £8ooforthe 
eight hundred pounds, part of the aforesaid sum of twenty thousand "■'^P'^^^^tatives. 
pounds, shall be applied for the paj'mcnt of the members of the house 
of representatives serving in the general court, during their several 
sessions this pi-esent year and until November next. 

And ivhereas there are sometimes publick entertainments, and, from 
time to time, contingent and unforeseen charges that demand prompt 
payment, — 

JBe it further enacted, 

[Sect. 2.] That the sum of two hundred and sixty-eight pounds £26s 5.s. 9c7. for 
five shillings and ninepence, the remaining pai't of the aforesaid sum of ^"^ ^'°™'^""> 
twenty thousand pounds, be applied to defray and pay such entertain- 
ments and contingent charges, and for no other use whatsoever. 

And be it enacted, 

[Sect. 3.] That if there be a surplusage in any sura appropriated. Surplusage to 
such surplusage shall l[y][«e] in the treasury for the further order of ury." 
this court. 

And be it further enacted, 

[Sect. 4.] That each and every warrant for drawing money out of Warrants to 
the treasur}', shall direct the treasurer to take the same out of such appropriatioiis. 
sums as are respectively appropriated for the payment of such publick 
debts as the draughts are made to discharge ; and the treasurer is 
hereby directed and ordered to pay such money out of such appropri- 
ations as directed to, and no other, upon pain of refunding all such 
sum or sums as he shall otherwise pa}^ and to keep exact and distinct 
accompts of all payments made out of such appropriated sums ; and 
the secretary to whom it belongs to keep the mustei'-rolls and accompts 
of charge, shall lay before the house, when they direct, all such muster- 
rolls and accompts after payment thereof. 

And as a fund and security for drawing the said sum of twenty 
thousand pounds into the treasury again, — 

Be it farther enacted, 

[Sect. 5.] That there be and hereby is granted unto his most excel- £b,083 6s. sd. 
lent majesty, for the ends and uses aforesaid, a tax of eight thousand and "^ 
eighty-three pounds six shillings and eightpence, to be levied on polls, 
and estates both real and personal, within this province, according to 
such rules and in such proportions on the several towns and districts 
within the same, as shall be agreed upon and ordered by this court at 
their session in May, one thousand seven hundred and forty-four, and 
paid into the publick treasury on or before the last day of December 
then next after. 

And as a further fund and security for drawing the said sum of 
twenty thousand pounds into the treasury again, — 

Be it further enacted, 

[Sect. 6.] That there be and hereby is granted unto his most excel- £8,583 6s. sd. 
lent majesty, for the ends and uses aforesaid, a tax of eight thousand "" 
five hundred and eight3'-three pounds six shillings and eightpence, to 
be levied on polls, and estates both real and personal, within this prov- 
ince, according to such rules and in such proportions on the several 
towns and districts within the same, as shall be agreed upon and ordered 
by this court at their session in May, one thousand seven hundred and 
forty-five, and paid into the publick treasury on or before the last day 
of December then next after. 

And, as a fund and security for drawing the remaining part of the 
said sum of twenty thousand pounds into the treasury again, — 
15 



114 



Province Laws. — 1743-44. [Chap. 13.] 



£2,533 6s. Sd. 
in 1746. 



Tax to be made 
for what is paid 
to the repre- 
sentatives. 



Tax for the 
money hereby 
emitted to be 
made according 
to the preceding 
tax act, in case. 



Tases to be 
paid in the 
several species 
herein enumcr- 
ated. 



Be it further enacted, 

[Sect. 7.] That there be and hereby is granted unto his most excel- 
lent majesty, for the ends and uses aforesaid, a tax of two thousand 
five hundred and thirty-three pounds six shillings and eighti)ence, to be 
levied on polls, and estates both real and personal, within this province, 
according to such rules and in sncli proportions on the several towns 
and districts within the same, as shall be agreed upon and ordered hy 
the great and general court or assembly at their session in Ma}', one 
thousand seven hundred and forty-six, and paid into the publick treas- 
ury' again on or before the last day of December then next after. 

And, as a fund and security for drawing in such sum or sums as shall 
be paid out to the representatives of the several towns, — 

Be it enacted, 

[Sect. 8.] That there be and hereb}' is granted unto his most excel- 
lent majesty a tax of such sura or sums as shall be paid to the several 
representatives as aforesaid, to be levied and assessed on the polls and 
estates of the inhabitants of the several towns, according to what their 
representatives shall so receive ; which sums shall be set on the said 
towns in the next province tax. And the assessors of the said towns 
shall make their assessment for this tax, and apportion the same 
according to the rule that shall be prescribed by act of the general 
assembly for assessing the next province tax, and the constables, in 
their respective districts, shall pay in the same when they pay in the 
province tax for the next year, of which the treasurer is hereby 
directed to keep a distinct and separate accorapt ; and if there be any 
surplusage, the same shall l[y][^'e] in the hands of the treasurer for 
the further order of this court. 

And he it further enacted, 

[Sect. 9.] That in case the general court shall not at their sessions 
in May, one thousand seven hundred and forty -four, one thousand 
seven hundred and forty-five, and one thousand seven hundred and 
forty-six, agree and conclude upon an act apportioning the several sums, 
which b}^ this act is engaged shall be, in each of these several years, 
apportioned, assessed and levied, that then and in such case each town 
and district within this province shall pay (b}' a tax to be levied on the 
polls, and estates both real and personal, within their districts) the 
same proportion of the said sums as the said towns and districts shall 
have been taxed b}* the general court in the tax act then next preced- 
ing ; and the province treasurer is hereby fully impowered and directed, 
some time in the month of June in each of these years, one thousand 
seven hundred and fort3'-four, one thousand seven hundred and forty- 
five, and one thousand seven hundred and fort^'-six, to issue and send 
forth his warrants, directed to the selectmen or assessors of each town 
and district within this province, [in manner as aforementioned in this 
act*] requiring them to assess the polls, and estates both real and 
personal, within their several towns and districts, for their respective 
part and proportion of the several sums before directed and engaged to 
be assessed hy this act ; and the assessors, as also persons assessed, 
shall observe, be govern[e]d by and subject to all such rules and 
directions as shall have been given in the next preceding tax act. 

And he it further enacted^ 

[Sect. 10.] That the inhabitants of this province shall have liberty, 
if they see fit, to pay the several sums for which they respectively 
may, in pursuance of this act, be assessed, in bills of credit of the form 
and tenor by this act emitted, or in bills of the middle tenor, according 
to their several denominations, or in bills of the old tenor, accounting 



* This clause, which does not appear in the printed act, is undci'scored in the engi'oss- 
ment. 



[3d Sess.] Province Laws. — 1743-44. 115 

four for one ; or in coined silver, at six sliillings and eiglitpence per 
ounce, troy weight, and of sterling alio}', or in gold coin, proportionably ; 
or in merchantable hemp, flax, winter and Isle-of-Sable codlish, refined 
har-iron, bloomer3'-iron, h[a][o]llow iron-ware, Indian corn, rye, wheat, 
barle}", pork, beef, duck or canvas, whalebone, cordage, train-oyl, bees- 
wax, bayberry-wax, tallow, peas, sheepswool, or tann'd sole-leather 
(the aforesaid commodities being of the produce or manufactures of this 
province), at such moderate rates and prices as the respective general 
assemblies of the years one thousand seven hundred and forty-four, 
one thousand seven hundred and forty -five, and one thousand seven 
hundred and forty six shall set[t] them at ; the several persons paj'ing 
their taxes in any of the commodities aforementioned, to run the risque 
and pay the charge of transporting the said commodities to the province 
treasury ; but if the aforesaid general assemblies shall not, at their 
respective sessions in Ma}-, some time bef)re the twentieth day of June, 
agree upon and set[t] the aforesaid species or commodities at some 
certain prices, that then the eldest councellor, for the time being, of each 
of those counties in the province, of which any one of the council is an 
inhabitant, together with the province treasurer, or the major part of 
them, be a committee, who hereby are directed and full}' authorized 
and irapowered to do it ; and in their set[t]ling the prices and rat[e]- How the com- 
ing the value of those commodities, to state so much of them, respect- ^roughTinto 
ively, at six shillings and eightpence as an ounce of silver will purchase the treasury are 
at that time in the town of Boston, and so p?-o rata. And the treas- 
urer is hereby directed to insert in the several warrants by him sent to 
the collectors of the taxes in those years, respectively, with the names 
of the afore-recited commodities, the several prices or rates which shall 
be set on them, either by the general assembly or the committee afore- 
said, and direct the aforesaid collectors to receive them so. 

[Sect. 11.] And the aforesaid commodities, so brought into the Treasurer to 
treasury, shall, as soon as may be, be disposed of by the treasurer commodities. 
to the best advantage for so much as it will fetch in bills of credit 
hereby to be emitted, or for silver or gold, which silver and gold 
shall be delivered to the possessor of said bills, in exchange for 
them ; that is to sa}', one ounce of silver coin, and so gold in propor- 
tion, for six shillings and eightpence, and pro rata for a greater or less 
sum ; and if any loss shall happen by the sale of the aforesaid species, 
or by any unforeseen accident, such deficienc}^ shall be made good by a 
tax of the 3-ear next following, so as fully and eflectually to call in the 
whole sum of twenty thousand pounds in said bills hereby ordered to 
be emitted ; and if there be a surplusage, it shall remain a stock in the 
treasury. 

And be it further enacted, 

[Sect. 12.] That any debt contracted before the thirty-first day of Rule for paying 
October, one thousand seven hundred and forty-one, which might have ^"^^ e c s. 
been paid and discharged in and by province bills of the old tenor, and 
also an}- debt contracted between the said thirty-first day of October 
and the first day of April, one thousand seven hundred and forty-two 
(where the contracting parties have not expressly otherwise agreed), 
may be discharged by the bills by this act to be emitted, in proportion 
as one to four ; that is to say, that a debt of twenty-six shillings and 
eightpence, dischargeable or contracted as aforesaid, may be discharged 
by six shillings and eiglitpence in bills by this act to be emitted, or by 
one ounce of silver, and so in proportion for a greater or less sum. 
{_Passed and published November 12. 



116 Province Laws. — 1743-44, [Chap. 14.] 



CHAPTER 14. 

AN ACT FOE, PREVENTING THE DESTRUCTION OF WHITE-PINE TREES 
WITHIN THIS PROVINCE, AND FOR ENCOURAGING THE PRESERVATION 
OF THEM FOR THE USE OF THE ROYAL NAVY. 

Preamble. Whereas their late majesties, King William and Queen Mary, in and 

by their royal charter granted to this province, bearing date the seventh 
day of October in the third year of their reign, did, for the better 
providing and famishing of masts for the ro^^al navy, reserve to them- 
selves, their heirs [and] successors " all trees of the diameter of twent}-- 
four inches, and upwards, of twelve inches from the ground, growing 
upon any soil or tract of land within " the said province or territory 
before that not granted to any private persons, and also thereby did 
restrain and forbid " all persons whatsoever from felling, cutting or 
destroying any such trees without the royal licence " of them, their heirs 
and successors, first had and obtained ; and ivhereas the white-pine 
trees are more especiall}^ fit for masting the roj^al nav}' ; therefore, to 
render the afores[ai]d reservation more effectual to the good purposes 
intended [t]hereb3% — 

Be it enacted &?/ the Governoiir, Council and House of Representatives^ 
t?f- off )fne"*' [Sect. 1.] That no person shall, at any time after the publication 
trefs"fit for''" of this act, presums to cut, fell or destroy any white-pine trees which 
uiMH'nhis'^niai- ^^'^ °^ shall, at the time of felling the same, be of the diameter of 
esty's courts, if twent3'-four inches, or upwards, of* twelve inches from the ground, 
see cause!^^'"'^ growing or Standing in any soil or tract of land within this province 
not granted to any private person or persons before the date of the 
aforesaid charter (without his majesty's royal licence for so doing first 
had and obtained) or to be aiding or assisting therein, or in drawing 
away the said pine trees after the same shall have been so cut, felled or 
destroj-ed, on pain of being prosecuted as well in any of his majesty's 
courts of record within this province, for the penalty already by law 
inflicted for such offence, as by law they already may in the court of 
vice-admiralty, at the election of the prosecutor, but not in both : pro- 
vided., such prosecution be commenced within six months from the time 
when the offence shall be committed ; which penalt}^ when recovered, 
shall be applied in such manner as by law is already provided. 
Preamble. And ivherecis the hind[e]ring and obstructing the workmen who ma3^ 

be employed by virtue of his maj[es]'y'* royal licence to fell such trees 
as is aforesaid, growing upon an}' such tract of land as is before men- 
tioned, for the use of the roj'al nav}', or vexing them with groundless 
suits for what they shall do in that business, will be very prejudicial to 
his majesty's aforesaid service by discouraging workmen from being 
concerned therein ; now, for prevention thereof, — 
Be it enacted. 
Provision [Sect. 2.] That, from and after the ixiblication of this act, no person 

nff.iinst cause- in xi-i i^^ it 

less .".ctions or pcrsous Shall presume to hmder or obstruct an}' workmen or work- 

thoslthit ra'r*^ man, employed in the afores[ai]'^ service upon any soil or tract of land 

•white pines by withiu this province not granted to any private person or persons 

Ucensef'^ before the date of the afores[ai]'^ charter. And ill case any workman 

emplo3'[e]d in the afores[a;']'^ service shall be sued, in an}' action, in any 

of his maj[e.s]*^' courts of judicature, for felling or haling away any such 

tree or trees, growing or being upon any soil or tract of land not granted 

to any private person or persons before the date afores[at]'', and being 

of the diameter of twenty-four inches, and upwards, of* twelve inches 



* This woi'd is underscored in the engrossment. 



[3d Sess.] Province Laws. — 1743-44. 117 

from the ground, at the time of felluig the same, the defendant in such 
action shall be admitted to plead the general issue, and to give the 
special matter in evidence ; and in case, after issue joined, judgm[e»]' 
shall be given against the plaintiff or plaintiffs in such action, then the 
justices of the court where the action shall be brought shall allow to 
the defendant double costs of suit, to be taxed at the same court. 

[Sect. 3.] This act to continue and be in force from the publication LimitaUon. 
thereof three j'cars, and no longer. {_Fassed November 11 ; puhlislied 
November 12. 



CHAPTER 15. 

AN ACT TO ENABLE THE PROPRIETORS OF PRIVATE WAYS TO REPAIR 
THEM IN AN EQUAL MANNER. 

"Whereas there are many private wa5's in this province, which are Preamble, 
seldom used but by the purchasers or proprietors of them, or the owners 
of the lands to which such ways lead, and are therefore not repaired b}^ 
the towns in which they respectively l[y][t]e, nor have the proprietors 
or rightful [1] occupants of such wa3's any power, by the laws of this 
province, to compel their being repaired b}- or among themselves ; to pre- 
vent, therefore, the inconvenienc[?']es w[/h']'^'^ do or may thence arise, — 
Be it enacted by the Governoiir, Council and lionise of Representatives^ 
TSect. 1.1 That one-fourth part of the proprietors and rightfulfn Proprictoi-s of 

L-j *- ■*-^ cr'i__i priva.tG wiiys 

occupants of any private way (where there are four or more of them) empowered to 
may at an}' time, when they shall apprehend there is occasion therefor, u-i^,^gi-cpaii-ea 
call a meeting of all the proprietors and rightful[l] occupants, by post- *" "» pquai 
ing up a notification in some publick place or places in the town or '^'*°"'?''- 
towns where such way is, seven days before the time appointed for such 
meeting, signifj'ing the time, place, and business of such meeting ; and 
the major part of the proprietors and rightful[l] occupants so assem- 
bled, shall have full power to choose a clerk, a committee to call meet- 
ings, and a surveyor who shall be sworn to the faithful [1] discharge of 
his trust, as town officers are, and have the same power with respect to 
such ways as the surveyors of other vaxjB are by law invested with, and 
shall be governed by the same rules as are prescribed by law for their 
direction ; each proprietor's and occupant's proportion of labour to be 
determined b}' a major vote of those present at such meeting ; and in 
case of the default of any proprietor or occupant in attending said work, 
by himself, or other sufficient person in his stead, to be subject to the 
same fines and penalties as in case of highways, and be recovered in 
the same manner, and applied to the like uses. 

[Sect. 2.] This act to continue and be in force for the space of Limitation. 
three j^ears from and after the publication thereof, and no longer. 
\^Passed November 11 ; published November 12. 



CHAPTER 16. 

AN ACT IN ADDITION TO AND FOR RENDRING MORE EFFECTUAL AN 
ACT MADE IN THE FOURTEENTH YEAR OF HIS PRESENT MAJESTY'S 
REIGN, [E][7]NTITLED "AN ACT TO PREVENT DAM[3/]AGE BEING 
DONE TO THE HARBOUR OF CAPE COD BY CATTLE AND HORSE- 
KIND FEEDING ON PROVINCETOWN LAND." 

Whereas it is represented, that, since the making of the act pass'd Preamble, 
in the fourteenth j-ear of his present majesty's reign, [e][i]ntitled "An mo.4i,chap.i5. 



118 



Province Laws.— 1743-44. [Chap. 17.] 



The present 
inhabitants of 
Provincc'iown 
enabled to act 
for preventing 
damatte to the 
harbor of Caije 
Cod. 



Act to prevent dam [???.] age being done to tlie harbour of Cape Cod by 
cattle and horsekind feeding on Provincetown land," so many of the 
inhabitants of said town have withdrawn from thence as to leave a 
number there insufficient to transact affairs as a town, whereby the 
good intention of said act for preserving the said important harbour 
ma^' be frustrated. 

Be it therefore enacted by the Governour, Council and House of Repre- 
sentatives, 

That the present inhabitants of the aforesaid town be and hereby are 
enabled to choose officers and transact all other matters, whatsoever, 
necessary for the executing the said act, according to the true design 
and meaning thereof, as full}-, to all intents and purposes, as thu[«f//i] 
none of the said inhabitants had withdrawn ; and William Roteh, one 
of the principal inhabitants of said town, is appointed to call a meeting 
of said inhabitants for the purposes aforesaid. [^Passed November 11 ; 
published November 13. 



CHAPTER 17. 

AN ACT FOR THE MORE SPEEDY FINISHING OF THE LAND-BANK OR 
MANUFACTORY SCHEME. 



Preamble. 



Commissioners 

for finishing the 
land bank 
scheme. 

Their power. 



Whereas notwithstanding the directors and partners of the late Land- 
bank Company have, in general, publickly renounced their scheme, and 
great numbers of them have redeemed their just proportions of the said 
late company's bills, and delivered them up to be consumed ; 3'et many 
of the partners still neglect to do it, by means whereof those who have 
paid a due obedience to the law, in this regard, still remain exposed to 
the actions of the possessors of the said late companj^'s bills, com- 
monly called the manufactory bills, which are now outstanding, and 
many of them have suffered great loss \\\xo\_nrjh'\ the default of their 
partners, who contemptuously refuse to redeem their due proportions of 
the said bills ; now, for the more speedy finishing of the said scheme in 
as equitable a manner as may be, and preventing such of the directors 
and partners as have compl[y][i]ed with the law, from suffering ruin 
or damage l]xro\tigh'] the obstinacy or neglect of their delinquent part- 
ners, — 

Be it enacted by the Governour, Council and House of Representatives, 
[Sect. 1.] That John Jeffries, Samuel Danforth, and John Chand- 
ler, Esqrs., be commissioners to receive commission for the purposes 
hereafter mentioned from the governour ; and the said commissioners, 
or any two of them, shall, by virtue of this act, have full power effect- 
ually to order and adjust all the affairs and business necessary for the 
just and equal finishing of the said Land-bank and Manufactory 
Scheme : which commissioners, before their entring upon the execution 
of the said trust, shall take the following oath ; vizi^'^., — 



Commissioners' 
oath. 



I, A. B., do swear, that I will faithfully, honestly, and impartially manage 
and discharge the trust reposed in me by the commission for ordering and 
adjusting all the affairs necessary for the finishing of the Land-bank Scheme, 
vvithout favour or affection, prejudice or malice, to the best of my skill. So 
help me God. 



[Sect. 2.] And the said commissioners, or any two of them, shall 
have full power to call before them and examine upon oath any 
persons whomsoever, touching the affau's and trade of the said late 



[3d Sess.] Province Laws.— 1743-44. 119 

company, and to order all the effects, books, papers, and writings, 
relating to the said scheme and trade, to be delivered up to them, that 
they ma}^ discover all the debts and credits of the said late com[)any, 
and the quantit}' of their bills emitted ; how many of them are redeemed 
and consumed, or lying rcaily to be consumed, and by whom they were 
redeemed ; how man}' are still outstanding ; what loss and charge hath 
alread}' incurred upon them ; and what is the proportion of every 
director and partner of the said late company for the redemption of the 
outstanding bills. 

And, for preventing any fraudulent alienations or conve3'ances of the For picvonting 
estates of such of the aforesaid late directors and partners who have veyanctfs?' °°"' 
not redeemed their just proportions of the said bills, in order to defraud 
the said late company's creditors, and avoid the effect of this act, — 

Be it farther enacted, 

[Sect. 3.] That, from and after the publication of this act, the Commissioners' 
estate of each and every such director and partner shall be thereb}' bound P"^^*^*"- 
and subjected to the payment of such sum or sums of money as shall 
be assessed upon him by the said commissioners, or an}^ two of them, 
with the approbation and allowance of the great and general court of 
this province (as is hereinafter mentioned) for the redemption of their 
respective proportions of the bills of the said late company-, and their 
equitable part and share of all loss' and charges arising b}' the said 
scheme, in such manner as the same or any part of it would be bound 
and subjected by the actual service of process of attachment upon it at 
the suit of any creditor, according to the ordinary course of the law 
and the usage within this province ; and the said commissioners, or any 
two of them, are hereby enabled in their own names to demand and 
receive such sums of money as shall be so assessed upon any of the 
delinquent directors or partners, and allowed by the general court 
as aforesaid, and also to raise the same by mortgaging, in their own 
names, that part of any delinquent director's or partner's estate which 
he had mortgaged to the said late company for performance of his cov- 
enants and agreements with them ; or, if need be, in their own names 
to sue for and recover the aforesaid sums, or any part thereof, in an}'- 
of his majesty's courts within the county of Suffolk, by such actions as 
the nature of the case shall require. 

[Sect. 4.] And the said commissioners, or any two of them, are 
hereby likewise enabled, in their own names, to demand and receive of 
and from any person or persons whatsoever, any money, goods or effects, 
whatsoever, due or owing from them to the said late Land-bank Com- 
pany, and if need be in their own names to sue for and recover the 
same in any of his majesty's courts within the county of Suffolk, by 
such action as the nature of the case shall require ; and shall apply all 
such sums of money, goods, and effects as they shall receive and recover 
of and from the said delinquent directors and partners, and the debtors 
of the said late company, or any of them, together with such sums of 
money as they shall raise by mortgaging the aforesaid estates of the 
said delinquent directors and partners, or any of them, towards the 
redemption of the outstanding bills of the said late company, and shall 
from time to time give publick notice in the " Boston Gazette " of what 
sums of money they shall so receive, that the possessors of the said 
bills may bring the same in to them to be redeemed. 

[Sect. 5.] And the said commissioners, or any two of them, are 
hereby enabled equitably to apportion whatsoever loss shall finally 
appear to arise by the said scheme or trade to the said late company 
in general, or to any of the said directors or partners in particular, 
either thro' the insolvency of any of the said late directors and part- 
ners, or by means of the 'charge attending the said late Manufactory 



120 Province Laws.— 1743-44. [Chap. 17.] 

Scheme, or otherwise, hoAvsoever, among the said late directors and 
partners in general, as the justice of the case shall require ; so as that 
each of them ma}' bear, as near as may be, his equitable proportion of 
the loss and burthen arising by their said late scheme or trade ; and are 
hereb}' enabled, in their own names, to demand, sue for, and recover, in 
an}' of his majesty's courts within the count}^ of Suffolk, in such manner 
as is aforesaid, of and from each and every of the said late directors 
and partners, such sum and sums of money as shall be so assessed upon 
an}' of them with the approbation and allowance of the great and gen- 
eral court, for their respective shares of the aforesaid loss and burthen, 
from time to time, till the aforesaid scheme shall be finished, and there- 
upon all the said manufactory bills which shall be received by the said 
commissioners shall be burnt, and the plates of the said late company, 
from whence they were struck, be defaced and broken ; and all the secu- 
rities given by any of the said late directors and partners, to the said 
late company, shall be cancelled by the said commissioners, or any two 
of them, in their own names. 
Provided always^ — 
Directors and [Sect. 6.] That this act shall not be adjudged or construed to be 

to^thcfsuite of^ intended to hinder the possessors of any of the manufactory bills from 
the possessors making the same demands upon any of the late directors and partners 
others. ' of the Said late manufactory company, for the redemption of the said 
bills, as they might have made upon them before the publication of this 
act ; and that the estates of the said directors and partners shall be as 
liable to be attach' [e]d at such suits of the possessors of the said bills, 
or of any other just creditor, as they were before the making of this 
act, anything herein contained to the contrary thereof in any wise 
notwithstanding. 
Provided, also, — 
Provision for an [Sect. 7.] That the Said commissioners shall make a report of their 
governor and proceedings, in the execution of their aforesaid trust, to the great and 
council. general court, at their session which will begin and be held in May next, 

for their approbation and allowance or disallowance thereof, either in 
whole or in part ; and that any of the said late directors and partners 
who shall think himself aggrieved by such proceedings of the said com- 
missioners, may file his appeal, from their determination to the said 
court at their aforesaid session, in the secretary's office, at any time 
before the said session of the said court ; and in case the receipt of any 
sum in the said manufactory bills, charged upon any of the said late 
directors and partners by the said commissioners, shall be denied in 
such appeal, or the redemption of any of the said bills, or the pa}-ment 
of any sum of money to the said late company, for which no allowance 
has been made by the commissioners, shall be insisted upon in such 
Matters to be appeal, or any person upon whom the commissioners shall assess any 
superior court, sum of money to be paid, shall deny, in such appeal, that he was either 
a partner or director, or anyways concerned in the said late manufac- 
tory scheme, and the appellant, in any of these cases, pray that a feigned 
issue at law may be directed to be tr[y][i]ed for the determination of 
any of the said matters of fact, in one of his majesty's courts of judica- 
ture, then the great and general court shall, upon the appellant's 
Caution to be depositing ten pounds, lawful money, in the secretary's office, as cau- 
seorotary's tiou moncy for the payment of costs, if the verdict upon the tr[y] [ijal 
office. ^f gygij issue shall be found against him, direct an issue at law, accord- 

ingly, to be tr[y][f]od at the superiour court of judicature to be held, 
for the county of Suffolk, next after such order made ; which tr[y][i]al 
shall be a final determination of such matter : and in case the verdict 
in the same shall be for the appellant, then his aforesaid caution money, 
deposited in the secretary's office, shall be returned to him ; and the 



[3d Sess.] Province Laws. — 1743-44. 121 

clerk of the superiour court of judicature is hereb}' directed to return a 
cop3' of the record of such tr[y][/]al into the secretary's office as soon as 
may be, for the information of the great and general court therein, which 
shall thereupon proceed to the determination of the appeal. 

And be it further enacted, 

[Sect. 8.] That all mortgages of anj^ lands or tenements of an^' of Mortgasrcs to bo 
the said late directors or partners, made by the said commissioners, or commissioucrs, 
any two of them as aforesaid, shall be good and effectual to all intents *° ^^ sood. 
and purposes in the law ; and the foi'mer mortgages thereof made by 
the owners to the said late company-, shall be thereupon cancelled and 
discharged by the said commissioners, or any two of them, in their own 
names. 

And whereas several parcels of the said manufactor}^ bills may be Preamble, 
lodged in some or other of his majesty's courts of judicature within this 
province, upon judgments obtained there b}' some of the possessors of 
such bills against some of the directors or partners of the late Land- 
bank Compau}' ; for the redemption of the said bills, — 

Be it further enacted, 

[Sect. 9.] That the justices of such courts shall, within thirty days bois lodged in 
after the publication of this act, cause such bills to be delivered up to deiivcmiV°the 
the aforesaid commissioners, with a certificate of the names of the commissioners. 
possessors who lodged the said bills in court, and of the directors or 
partners of the said late company against whom judgment was obtained 
for the redemption of the said bills. 

[Sect. 10.] And the said commissioners shall be allowed each ten Allowance to 
shillings for every day of their attendance upon the execution of their s^ner™™'^' 
said trust, and no more, to be paid by the late directors and partners 
of the aforesaid scheme, as also all other necessary charges which they 
may be at in prosecuting the affair aforesaid, out of the effects of the 
said late company, and shall render an account of their proceedings to 
the great and general court, when and so often as thereunto required, 
and shall sit three days at least in a week for the dispatch of said busi- 
ness, until the same shall be finished. 

And he it further enacted, 

[Sect. 1L] That in case of the death or refusal of any of the com- Provision in 
missioners aforesaid, such vacancy shall be supply'[e]d by the great cy!^"^*^^*'** 
and general court. \_Pa^sed November 10 ; published November 11. 

16 



122 Peovince Laws.— 1743-44. [Chap. 18.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Eighth day of February, A. D. 1743-44. 



CHAPTER 18. 

AN ACT TO PREVENT THE GREAT INJURY AND INJUSTICE ARISING 
TO THE INHABITANTS OF THIS PROVINCE BY THE FREQUENT AND 
VERY LARGE EMISSIONS OF BILLS OF PUBLIC CREDIT IN THE NEIGH- 
BOURING GOVERNMENTS. 

Preamble. . Whereas the bills of tliis and the neighbouring governments are and 

1738-39, chap. 14, i^^ve been the principal medium of trade and commerce in this pro^'incc, 
and some of those governments, more especially that of Rhode Island, 
have frequently made extravagant emissions of their bills, which, by as 
frequent experience, have been found a great means of depreciating all 
the bills of public credit current among us, whereby great injustice hath 
been introduced ; and should the same practice be continued, it would 
be greatly injurious to the inhabitants of this province, and ruinous to 
man)', — 
♦ Be it therefore enacted ly the Go'oernour, Council and House of 

Representatives^ 
Penalty for pay- [Sect. 1.] That DO pcrsou or persons whosoever shall within this 
bifi8°of Rhode ^ province, wittingly and wilfully utter, offer to put off, take or receive 
minMsS"' ^»y bill or bills of credit of the colony of Rhode Island, emitted since 
since 1742, and the year one thousand seven hundred and forty-two, or of that or any 
S°bo°inT other of the neighbouring governments, tliat shall hereafter be emitted, 
hefeafteHsIued ^" Payment of any debt, for purchase of any goods, or for any valuable 
erea terissue . gQj-,g^^|g^..^(.jQjj whatsoever, on pain of forfeiting for each bill so uttered, 
offered or received, the sum of three pounds, and of being ever after 
disabled from bearing any office of honour or profit under this govern- 
ment. 

And he it further enacted, 
Penalty for [Sect. 2.] That any person in this government bearing any office or 

ofreccivhr'"^ offiCcs of profit or houour, that shall be convicted of having wilfully and 
suchbuis?^ wittingly uttered, offered to put off, taken or received any such bill or 
bills in ixayment of any debt, or for purchase of any goods, or for any 
valuable consideration whatsoever, shall for such offence be ipso facto 
discharged from such his office or offices, and shall be thereby utterly 
disabled to have or hold any oflice of profit or honour within this prov- 
ince, and shall likewise forfeit for each such bill by him uttered, offered 
or received, the sum of ten pounds. 
And he it further enacted. 
Penalty to inn- [Sect. 3.] That any innholder, retailer or common victualler, who 
sucb'offence ^°' '^fter the publication of this act shall wittingly and wilfully utter, ofter 
to put off, taken or received any such bill or bills in payment of any 



[4th Sess.] Province Laws. — 1743-44. 123 

debt, or for purchase of any goods, or for any victuals or liquors bought 
or sold, or to be bought or sold, or for an}- entertainment given or to 
be given, or for any other valuable consideration whatsoever, such inn- 
holder, retailer or common victualler, beside his being liable to the fine 
first beforementioned, shall forfeit his licence, and be disabled from 
holding or using an}' such employment for the future. 

And be it further enacted, 

[Sect. 4.] That ever}' mortgage, bill, bond, other assurance or in- Bonds and 
strument in writing, whatever, that hereafter shall be executed, for the ™ch wus\o'be 
consideration whereof, in whole or in part, such bills shall be received "^^id. 
or paid, and legal proof hereof be made, such mortgage, bill, bond, 
assurance or instrument in writing, whatever, shall be deemed a fraudu- 
lent bargain, and shall be utterly void in law. 

And be it further enacted, 

[Sect. 5.1 That any iierson that shall receive or pay anv such bill Witnesses to be 
or bills, and shall first inform against and prosecute the other party and have one. 
concerned with him or her therein, so that he or she be convict of f^'|[^^g'^^'^^°''' 
receiving or pa^'ing such bill or bills for any valuable consideration 
whatever, such prosecutor shall be indemnified from the penalty in this 
act, and shall likewise be intitled to one half of the forfeiture aforesaid. 

And be it further enacted, 

[Sect. 6.] That every merchant, shopkeeper or trader shall be Penalty to 
answerable lor ever}- offence against this act, committed either b}' him Sers."'^ ^"'^ 
or herself, or any of his or her houshold or family that are under his 
or her immediate care and _government, and be obliged to satisfy and 
pa}' the sum of ten pounds for every such ofience ; unless such mer- 
chant, shopkeeper or trader shall make oath, bond fide, that such an 
offence was committed without his or her privity, countenance or con- 
nivance. 

And be it further enacted, 

[Sect. 7.] That any justice of the peace shall have power, and is Justices to pro- 
hereby authorized, upon information or complaint to him made of any offenders by 
breach of this act, to convene before him the person or persons so com- binding them 
plained of, and to grant summons for witnesses to appear before him to °^*^ ' 
be examined on oath as to their knowledge touching the fact or facts 
refer'd to in such complaint, and, upon just ground, to bind over the 
person or persons complained of or informed against, and to require 
suflflcient security for his or her appearance at the next court of general 
sessions of the peace in the county where the offence is alledged to be 
committed, to answer such complaint ; and any person refusing to give 
evidence at the tryal of such as may be sued, presented, indicted or 
complained of for any violation of this act, shall be liable to the same 
penalty as the person presented or complained of is liable to in case 
he shall be convict ; but shall not be subject to any damage by any dis- 
covery he might make by his oath, in case he should take it. 

And be it further enacted, 

[Sect. 8. J That the courts of general sessions of the peace, in the Persons to be 
respective counties, be and they hereby are impowered and directed, at f,^f^nn*aga^nst 
their next term for sitting, and so, from time to time, during the con- ^j^^^^j^^^j'*'^'^ °^ 
tinuance of this act, to appoint five meet persons in each town within 
their respective counties, to inform against and prosecute the violaters 
of this act ; and, in the town of Boston, the number of persons to be 
appointed to that office and duty, shall be fifteen, which officers shall 
have and enjoy the same benefit and advantage as other informers ; and 
if any person so appointed shall refuse or neglect, after due notice given 
him for that purpose, to take his oath (to be administred to him by 
such court, or a justice of the peace), and to serve in said office, he shall 
forfeit and pay the sum of five pounds. 



124 



PROVINCE Laws. — 1743-44. 



[Chap. 19.] 



Penalty of offi- 
cers' neglecting 
their duty. 



Forfeitures, 
how to be dis- 
posed of. 



How to be 
recovered. 



Proviso. 



This act to be 
publicly read in 
the courts, and 
grand jurors to 
be charged. 



Limitation. 



And be it further enacted, 

[Sect. 9.] That if any justice of the peace, grand juror or other 
officer, shall wilfully and wittingly omit the performance of his duty in 
the execution of this act, such officer shall forfeit and pay the sum of 
twenty pounds. 

[Sect. 10.] The several forfeitures before mentioned to be applied, 
the one moiety thereof to the use of the poor of the town where the 
offence shall be committed, the other moiety to him or them who shall 
inform or sue for the same (and in case there be no informer that shall 
prosecute such offender, in such case the whole of the forfeiture shall 
be applied to the use first mentioned), and may be recovered by action, 
bill, plaint or information, in an}' of his ii^ajesty's courts of record within 
the same county, or by presentment of the grand jury, who are hereby 
strictl}^ enjoined to present all breaches of this act ; and no essoign, 
priviledge, protection or wager of law, shall be allowed in any such 
suit or prosecution as aforesaid. 

Provided nevertheless, 

[Sect. 11.] That all suits or prosecutions for the breach of this act, 
shall commence within twelve months from the time of committing the 
offence. 

And be it further enacted, 

[Sect. 12.] That the justices of the respective courts of general 
sessions of the peace within this province, shall cause this act to be 
publickly read at opening their courts, from time to time, and shall give 
in charge to the grand juiy duly to enquire after, and make presentment 
of, all persons that shall presume to offend in violation of this act ; and 
the selectmen of each town within this province, are alike required to 
cause this act to be publickly read at their several town meetings in 
May nest, for the choice of representatives. 

[Sect. 13.] This act to continue and be in force for the space of two 
years from the publication hereof, and to the end of the May session 
then next after, au,d no longer. \_Passed and published March 17, 
1743-44. 



CHAPTEE 19. 

AN ACT FOR REGULATING THE HOSPITAL ON IlAINSFORD['S] ISLAND, 
AND FURTHER PROVIDING IN CASE OF SICKNESS. 



Preamble. 
1738-39, chap. 8. 



Masters of in- 
fected vessels to 
be notified 
•where to come 
to anchor. 



Leave to be had 
of the selectmen 
for landing pas- 
sengers or 
goods. 



Whereas a good and convenient house hath been provided at the 
charge of the province, on the island called Rainsford's Island, for the 
reception of such persons as shall be visited with any contagious sick- 
ness, — 

Be it therefore enacted by the Governour, Council and House of Hep- 
resentl^atiY^^ 

[Sect. 1.] That the commanding officer at Castle William, and the 
keeper of the lighthouse, shall notify and direct the masters of all ves- 
sels coming near them, wherein an^^ infectious sickness is or hath lately 
been, at their coming in, to come to anchor as near the beforementioned 
house as ma}' be, that the sick persons, and everything else on board 
said ship that ma}' give infection (proper to be put into the said house), 
may be removed into it with the greater ease and safety. 

And be it further enacted, 

[Sect. 2.] That upon application made by said master or com- 
mander, to the selectmen of the town of Boston, the said selectmen are 
hereby impowered to permit such passengers, goods or lading as the}' 



[4th Sess.] Peovixce Laws.— 1743-44. 125 

shall judge free from infection, to come on shore, or be taken out and 
disposed of as the owners shall see meet ; and such passengers and 
goods as shall not be permitted as afore[ai]'^, shall remain on board, or 
be put into the said hospital. 

[Sect. 3.] And if any master or immediate commander of anj^ such Forfeiture for 
vessel for the time being, shall come on shore, or suffer an}' of his peo- magte'r.'^'^ ^^ *^° 
pie or passengers to come on shore, or any boats to come on board, or 
suffer any goods to be taken out of his vessel, unless permitted as afore- 
said, or shall come np Tvith his vessel, until[l], by a certificate, under 
the hands of the selectmen as aforesaid, it shall appear to the captain- 
general that the said vessel, company and goods are clear of infection, 
and the orders for stopping and detaining the same be removed and 
taken off, he shall, for every such offence, forfeit the sum of fift}' pounds ; 
and in case he be not able to pay that sum, he shall suffer six months' 
impriso[n]ment. And if any sailors or passengers, coming in said ves- Penalty for sick 
sel, shall, without the knowledge or consent of the master, presume to pers^oXoffL^nd- 
come on shore, or np above the said castle, or if any person from town if? against this 
or country presume to go on board such vessel, or to go to the aforesaid 
house or hospital in time of infection there, without leave from the 
anthority afores[a/]'^ ; or if any person, put sick into the said house, or 
sent there on suspicion of being infected, shall presume to go off the 
island without leave as aforesaid ; every person offending in any of the 
above mentioned particulars, shall forfeit the sum of ten pounds ; and 
in case any person be not able to pay the said sum, he shall suffer two 
months' imprisonm[e?i]'. 

And be it further enacted, 

TSect. 4.1 That when and so often as any ship or other vessel. Two justices 
wherein any infection or infectious sickness hath lately been, shall come to order sicij 
to any port or harbour within this province; or when and so often as ^'osp'it"aL^° ^^^ 
any person or persons belonging to, or that maj^, either by sea or land, 
come into, any town or place near the publick hospital within this prov- 
ince, shall be visited, or who lately before may have been visited, with 
any infectious sickness, two of the justices of the peace, and selectmen 
of such place, be impowered immediately to order the said vessel and 
sick persons to the province hospital or house afores[aJ]**, there to be 
taken care of according to the direction of this act ; and where any 
such ship, vessel or persons cannot, without an}' great inconvenience 
and dam[7)i]age, be ordered to the afores[ai]<^ house or hospital, in every 
such case the rules and directions are to be observed, which are already 
made in and by the act pass'd in the thirteenth year of the reign of his 
late majesty King William the Third, [e][i]ntitled, "An act providing 1701.2, chap. 9, 
in case of sickness." 

And be it further enacted, 

[Sect. 5.] That if an}^ master, seaman or passenger belonging to Penalty for not 
any ship on board which any infection is or hath lately been, or is sus- examinatfou. 
pected to have lately been, or coming from any port where any infectious 
mortal distemper prevails, shall refuse to make answer upon oath to 
such questions as may be asked by the selectmen of the town to which 
such ship shall come, relating to such infection, such master, seaman or 
passenger shall forfeit the sum of fifty pounds ; and in case he be not 
able to pay said sum, he shall suffer six mouths' imprisonment ; all 
the above mentioned fines to be sued for and recovered by the province 
treasurer for the time being ; one third of the fines to be to his majesty, 
for the use of this governm[e/i]', one third to the informer, and one 
third to the province treasurer for the time being. And Avhere any per- 
son shall be convicted of any offence against this act, and suffer the 
pains of imprisonment, and shall be unable to pay the costs of prosecu- 
tion, such costs shall be allowed and paid out of the province treasury. 



126 



Peovixce Laavs.— 1743-44. [Chap. 20.] 



Selectmen of 
Boston to pro- 
vide nurses, &c. 



Limitation. 



[Sect. 6.] And the selectmen of Boston are directed and impowered 
to provide nurses, assistance and other necessaries for the comfort and 
rel[ei][?c]f of such siclv persons sent to said hospital as aforesaid, the 
charge thereof to be born by the said persons themselves if alile, or if 
poor and indigent, then at the immediate charge of the province. 

[Sect. 7.] This act to continue in force five years from the publica- 
tion thereof, and to the end of the session of the general court next after, 
and no longer. [Passed and piiblislied March 5, 1743-44. 



CHAPTER 20. 

AN ACT PROVIDING THAT THE SOLEMN AFFIRMATION OF THE PEOPLE 
CALLED QUAKERS SHALL, IN CERTAIN CASES, BE ACCEPTED INSTEAD 
OF AN OATH IN THE USUAL FORM ; AND FOR PREVENTING INCON- 
VENIENC[7]ES BY MEANS OF THEIR HAVING HERETOFORE ACTED IN- 
SOME TOWN OFFICES WITHOUT TAKING THE OATHS BY LAW RE- 
QUIRED FOR SUCH OFFICES. 



Form of the 
affirmation to 
be taken by 
Quakers. 



Preamble. Whereas the people called Quakers profess to' be in their consciences 

1719-20, chap. 11. gcrupulous of taking an oath in the form by law required, — 

Be it therefore enacted by the Governour, Council and House of Bep- 
resent\^ati']'"^ , 

[Sect. 1.] That, from and after the publication of this act, every 
Quaker within this province who shall be required upon any lawful [1] 
occasion to take an oath where, by law, an oath is required, shall, instead 
of the usual form, be permitted to make his, or her, solemn affirmation 
or declaration in the words following ; viz'^'^., — 

I, A. B., do solemnly and sincerely affirm and declare tinder the 

pains and penalties of perjury. 

— which said solemn affirmation or declaration shall be adjudged and 
taken, — 

And it is hereby .enacted and declared, 

[Sect. 2.] To be of the same force and effect to all intents and 
purposes in all courts of justice and other places where by law an oath 
is required within this province, as if such Quaker had taken an oath in 
the usual form. 

And he it further enacted, 

[Sect. 3.]* That if any Quaker making such solemn affirmation or 
declaration shall be lawfully convicted, wilfully, falsly, and corruptly, to 
have affirmed or declared any matter or thing which, if the same had 
been in the usual form, would have amounted to wilful [1] and corrupt 
perjury, every such Quaker so offending shall incur the same penalties 
and forfeitures as, by the laws of this province, are enacted against 
persons convicted of wilful and corrupt perjury. 

Provided cdivays, and be it enacted, 

[Sect. 4.] That no Quaker or reputed Quaker shall by virtue of this 
act be qualified or permitted to give evidence in any criminal causes, or 
serve on any juries in any of the courts within this province (without 
taking the oath by law required, except in civil causes only ; and in 
such causes such person shall be liable to serve as a juror on taking 
the affirmation aforementioned, and on refusing to take the same, shall 
be subjected to the same fine that others are by law subjected to for 
not serving as jurors), nor bear any office in this governin[e»]' where 
an oath is by law required to qualify a person for the discharge of such 



Quakers' acting 
contrary to the 
said aflirmation 
to bo deemed 
wilful and coi'- 
rupt perjury. 



Proviso. 



[4th Sess.] Province Laws. — 1743-44. • 127 

office, except in town offices only, and in such case not to serve as an 
assessor or collector for any rate or tax to be made for the support of 
the minister or ministers in any town, or for building or repairing of 
any house for the publick worship of God within the same. 

And it is therefore further provided and enacted, 

[Sect. 5.] That where one half or more of the assessors or collect- Provision made 
ors of any town shall be of the people called Quakers, such of the oVmore'o'f'thc 
inhabitants of sran"^ town who are not Quakers may and shall at the assessors or 

* I- _i V i/ collectors arc 

same- meeting, at which such assessors or collectors, beiug Quakers, Quakers. 
are chosen, proceed to the choice of an equal number of other persons 
who are not Quakers ; and such assessors and collectors so chosen shall 
be as fully qualified by themselves, where the whole number of the first- 
chosen assessors are Quakers, or together with the other assessors who 
are not Quakers, when any such there be, to make rates and taxes for 
the settlem[e?!,]' and support of the ministr}', and for building and 
repairing any house or honses for the publick worship of God within 
such town, and for no other purposes ; and such collector shall be as 
fully impowered to collect the same as they, the s[aj]'* assessors and 
collectors, ■^yould have been had no other assessors or collectors been 
before chosen : and any assessor or collector so chosen shall be liable 
to the same penalt}' for refusing to serve in their respective office as he 
would have been had he been chosen and refused to serve as assessor 
or collector of all the rates and taxes in s[a?!]'^ town. 

And tvhereas in sundry towns within this province the town clerk Preamble. 
and other town officers, being of the people called Quakers, have 
neglected or refused to qualify themselves by taking the oaths to the 
execution of snch office by law annexed, and yet have continued to 
serve in said offices, and should the consequent proceedings of such 
town be called in question as illegal and so set aside, many and great 
inconvenienc[?']es and much confusion would arise, — 

Be it therefore further enacted, 

[Sect. 6.] That all the acts and proceedings of any town within Proceedings of 
this province, where all or any of the officers, being Quakers, have va^iw.'^'^^ ^^'^ 
neglected or refused to take the oaths to such offices by law annexed, 
and 3'et have continued in the execution of their respective offices, be 
and hereby are as fully established and confirmed as such acts and 
proceedings would have been had such officers been under oath as by 
law required. 

[Sect. 7,] This act to continue and be in force for the space of Limitation. 
three years from the publication thereof, and from thence to the end 
of the then next session of the general court, and no longer. \_Passed 
March 1 ; published March 5, 1743-44.* 



V 

CHAPTER 21. 



AN ACT TO REGULATE THE EXPENCE OF PRIVATE BRIDGES. 

Whereas it sometimes happens that some particular person or per- Preamble, 
sons, for his or their own private advantage, build and erect a bridge 
or bridges across some river or stream, and, after, neglect or refuse to 
keep snch bridge or bridges in repair, by means whereof the town or 
towns in which such bridge or bridges are erected have been presented, 

* No date is affixed to the governor's signature on the engrossment of this act. hut, 
according to Secretary Willard's report, it was signed March 5. In the records, however, 
the date of passage is given as above. 



128 



Peovince Laws.— 1743-44. [Chap. 22.] 



Court of general 
sessions to de- 
termine as to 



and suffered loss and dam[m]age, altho such town was not consenting 
to the building thereof, nor receive general and common advantage 
thereby ; wherefore, — 

Be it enacted hy the Oove^-noiir, Council and House of Representatives, 
[Sect. 1.] That from and after the publication of this act, upon 
application made to the court of general sessions of the peace by anj' 
private bridges, person or pcrsons, setting forth that any bridge or bridges that have 
already been erected, or that may hereafter, be erected bj- any particu- 
lar person or persons for his or their private advantage, either in or 
adjacent to the town where such person or persons live, or any other 
town, for the building of which. there was not the especial consent of 
the town or towns where such bridge or bridges l[y][*]<25 or to which 
the}'' are adjacent, nor the order of the s[ai]'^ court for building the 
same, nor any order nor special agreement for keeping such bridge or 
bridges in repair, that such bridge or bridges are neglected and r.ot 
kept in due repair ; in every such case, upon application made as afore- 
said, it shall and may be lawful [1] for the said court either to discon- 
tinue such bridge or bridges (if the person or persons erecting them shall 
neglect to keep them in due repair) , or otherwise finally to determine 
how, in what manner, and b}^ whom such bridge or bridges shall be 
repaired and maintained, whether at the charge of the person or persons 
that built the same, their heirs, or such other person or persons as live 
near and reap the principal advantage of such bridge or bridges, as the 
said court shall judge most reasonable, and make out such orders and 
assessments on any particular person, persons or towns as shall be 
found necessary for effecting such repairs from time to time, and, if 
need be, to award execution thereon in such manner as the circum- 
stances of the case may require ; to which orders, assessments and 
executions all proper officers and other persons are hereby directed to 
conform. 

[Sect. 2.] This act to continue and be in force for the space of 
three j'ears, and no longer. \^Passed March 21 ; published March 24, 
1743-44.* 



Limitation. 



CHAPTER 22. 

AN ACT FOR RENDRING MORE EFFECTUAL THE LAWS ALREADY IN 
BEING RELATING TO THE ADMEASUREMENT OF BOARDS, PLANK 
AND TIMBER, AND FOR PREVENTING FRAUD AND ABUSE IN SHIN- 
GLES, BEEF AND PORK EXPORTED FROM THIS PROVINCE, AND ALSO 
FOR REGULATING THE ASSIZE OF STAVES AND HOOPS. 



Preamble. 
1695-6, chap. 5. 
1710-11, chap. 7. 
1727, chap. 7. 



Whereas, in and by an act pass'd in the ninth year of her late 
majesty, Queen Ann[e], [e][?']ntitled, " An Act for the admeasurement 
of boards, plank and timber, and regulating the tale of shingles," it is 
declared, " That in each maritime town within this province where 
boards, plank, timber and slit-work are usually imported or brought to 
sale, or exported beyond sea, there be two or more honest, skilful [1] 
persons annually elected by such town, at the time of their anniversary 
choice of town officers, to be surveyors and measurers of boards, plank, 
timber and slit-work and surveyors of shingles, who shall be sworn in 
manner as other town officers to the faithful [1] performance of the duty 
of their office " ; but no provision is made for the admeasurement and 

* The date of publication of this and the two following chapters is given in the printed 
acts as March 22, but the date followed in the text is taken from the engrossed act, and is 
more likely correct. 



[4th Sess.] Pkovince Laws. — 1743-44. 129 

view thereof in the places where such boards, plank, timber and slit- 
work are usually cut or brought to the water-side where the same may 
be ship[t][d], rafted or floated off, which b}^ experience has been found 
very inconvenient ; for remedy whereof, — 

Be it enacted by the Governour, Council and House of Representatives, 

[Sect. 1.] That in each and ever}- town within this province where Persons to be 
boards, plank and timber are rafted off or brought for sale by land- or sSr'vcyOTs^'and'''^ 
watei'-carriage, from whence the same maj' be rafted or floated, thei*e measurers of 
shall be one or more honest, skilful person or persons, elected by such *™ ^'^' 
town sometime before the tenth of June next, and at the time of the 
choice of other town officers, annually, to be surveyors and measurers 
of timber, who shall be sworn, in manner as other town officers, to the 
faithful[l] performance of the duty of his or their office. 

[Sect. 2.] And all boards, plank, timber and slit-work imported or 
brought by land- or water-carriage for sale, before their delivery upon 
sale or their being rafted or floated off, shall be viewed, surveyed and 
measured by one of the said officers, having consideration for drying 
and shrinking, and also marked anew to the just contents, making 
reasonable allowance for rots, splits and wains, and each end of each 
piece of timber shall be marked with the brand of the town where such 
timber is measured as aforesaid ; the buyer to pay the officer three- 
pence per t[u][oJn for viewing, measuring and marking, and so pro 
rata for a greater or less quantity. 

And he it further enacted, 

[Sect. 3.] That if any person or persons shall presume to ship, Penalty for 
raft or float off any boards, plank or timber, unless the same shall first boT,.Pig°yi„k, 
hUve been viewed, surveyed, measured and marked by a sworn sur- and timber not 
veyor as afores[a?']'*, he or they shall forfeit the value thereof; two- ^"''^''^'^ * 
thirds of the same to the use of the poor of the town where the offence 
is committed, and the other third to the surveyor or any other person 
or persons who shall sue for the same, which he or they are hereby 
enabled to do by action, bill, plaint or information, in any court proper 
to try the same. 

[Sect. 4.] And whereas great fraud and abuse is practi[c][s]ed in Preamble. 
making and packing of shingles and hoops, and also in making and 
cutting of staves exported from this province ; for preventing the 
same for the future, — 

Be it further enacted, 

[Sect. 5.] That, from and after the tenth day of June next, no Assize of shin, 
shingles, staves nor hoops shall be exported to a foreign market from goopg.''*'^^^ ^""^ 
any town in this province, that shall be under the following assize ; 
viz'^'^, each shingle to bear eighteen inches or fifteen inches in length 
(according to which of those lengths they are sold for), and not less 
than three inches broad exclusive of sap, except cedar shingles only, 
w[/ii]'^^ shall be of the afores[ca']'^ breadth, the sap included, and half 
an inch thick at the thick end, and well shaved and free from winding ; 
and every bundle of shingles shall hold out, one with another, at least 
four inches in breadth ; and all pipe-staves shall be at least four feet 
eight inches in length, three inches broad clear of sap, at least half an 
inch thick on the heart or thinnest edge and every part thereof; and all 
white oak hogshead staves shall be three feet and four inches in length, 
three inches broad clear of sap, and at least half an inch thick on the 
heart or thinnest edge and every part thereof; and all red-oak hogs- 
head staves shall be three feet and an half in length, three inches broad, 
and at least half an inch thick on the heart or thinnest edge and every 
part thereof; and all barrel staves shall be thirty inches in length, 
three inches broad, clear of sap, and at least half an inch thick on the 
heart or thinnest edge and every part thereof, and all well and propor- 

17 



130 



Province Laws.— 1743-44. [Chap. 22.] 



Shingles to be 
surveyed in the 
towns where 
they are made, 
&c. 



Cullers of staves 
and hoops to be 
chosen in the 
maritime towns. 



Staves and 
hoops to be sur- 
veyed before 
shipped. 



rreamble. 



Pork and beef 
to be packed by 
the sworn 
packer. 



Certificate of 
staves, hoops, 
shingles, beef 
and pork, to be 
given in to the 
impost office. 



tionably split ; and all hogshead hoops that are exported bej^ond sea 
from any town w[?']"Hn this province shall be made of whiter-oak or 
walnut, and from twelve to fourteen feet in length, and of good and 
sufficient substance, and well shaved, and one-half, at least, of the hoops 
in each bundle shall be fourteen feet long. 

A7id be it further enacted, 

[Sect. 6.] That each town where shingles are made or sold may 
and shall chuse one or more surveyors of shingles, to be under oath, 
who shall be allowed by the buj-er twopence per thousand for his ser- 
vice in surveying and telling. And before any shingles are sent from 
the town where they are made, or at the place of first sale, before their 
deliver}" the}- shall be viewed, surveyed and measured by a sworn sur- 
veyor, and the town brand set upon the hoop of the bundle ; and all 
shingles offer'd to sale without being surveyed and marked as aforesaid 
shall be forfeited. 

[Sect. 7.] And in each maritime town, within this province, from 
whence staves or hoops are usually exported be3'ond sea, there shall be 
two or more suitable persons chosen by such towns sometime before 
the tenth of June next, and at their meeting in March, annually, to be 
viewers and cullers of staves and hoops, who shall be under oath faith- 
full}' to discharge their office, and shall be allowed for their time and 
service "therein as follows ; viz^^'^, for pipe staves, one shill[ni]^ and 
threepence per thous[a?i]'^ ; for hogsh[ea]'^ staves, one shill[Mi,]2 per 
thousand ; and for barrel staves, ninepence per thous[a?i]'^, as well 
refuse, as merchantable ; the merchantable to be paid b}^ the person 
buying the same and the refuse by the seller ; and for surveying hoops, 
one penny halfpenny per hundred, to be paid by the buyer. 

Aiid be it further enacted, 

[Sect. 8.] That from and after the tenth day of June next, all 
staves that shall be exported from this province beyond sea shall be first 
culled, and all hoops .first viewed and surveyed by one of the officers 
afores[ai]'*, and certificate given by the culler or surveyor to the master 
or comm[awcZe]'' of the ship or vessel on board which they are laden of 
the quantity by him so culled or surveyed ; and the wyths or hoops 
with which the bundles of hoops are packed shall be sealed w[i]* the 
brand of the town from whence they are exported ; and that all shin- 
gles that shall be exported be3'ond sea shall likewise be certified, by one 
of the survey [o]" already required by law to be chosen in the maritime 
towns of the province, to have been by him surve3'ed or viewed and 
approved, and the number or quantity thereof; who shall be allowed by 
the shipper twopence per thousand for surveying and certifjdng as 
afores[ai]'^. 

And tohereas, notwithstanding the laws already in being, great 
quantities of pork and beef are exported beyond sea, w[/ii]'='^ have not 
been packed or repacked by the officers by law required to be chosen 
for that pui'pose, — 

Be it further enacted, 

[Sect. 9.] That from and after the tenth day of June aforesaid, 
no pork or beef of the produce of this province or any other of his 
majesty's American plantations, shall be exported beyond sea that shall 
not first have been certifled by the packer to have been by him packed 
or repacked according to law. 

And [be] it further enacted, 

[Sect. 10.] That from and after the said tenth day of June, all 
vessels having any staves, hoops or shingles aboard for their cargo, 
and also any pork or beef, whether for their cargo or provision for their 
vo3^age, before any such vessel shall be cleared at the impost office, the 
master or comm [cmcZe]' of such vessel shall deliver into the impost 



[4th Sess.] Peovince Laws. — 1743-44. 131 

officer a certificate of such staves, hoops, shingles, beef and pork's 
having been culled, surve3-ed or packed as afores[ai]'^ ; and shall like- 
wise make oath, before the said impost officer, who is hereby impowered 
and required to administer the same, that the staves, hoops, shingles, 
beef and pork on board his vessel are, bond fide, the same staves, 
hoops, shingles, beef and pork certified to have been culled, survej^ed 
or paclied as afores[ai]'^. And the impost officer, for the service afore- 
s[at]'^, shall be allowed one shilling for each vessel[l]. 

[Sect. 11.] This act to continue and be in force until [1] the tenth Limitation, 
day of June, one thous[an]'^ seven hund[re]'^ and fortj'-seven, and to 
the end of the session of the gen [era]^ court then next after. \_Passed 
March 22 ; published March 24, 1743-44.* 



CHAPTER 23. 

AN ACT TO PREVENT UNNECESSARY EXPENCE IN SUITS AT LAW. 

Whereas divers promisory notes, bills or other obligations for pay- Preamble. 
ment of mon[e3'][ie]s [or] [and] other things therein specified, when 
they are executed by the same party, and made payable to one and the 
same person, and the possessor or obligee has put them in suit at the 
same time, hav[e][MJ(7] usually been included in one writ[t], and may 
ordinarily be so (where the promises or obligations are of the same 
kind) without dam [m] age or inconvenience to the plaintiff, and with 
much less cost and expence than what would be incurred by so many 
several and distinct suits ; notwithstanding which some ill-disposed per- 
sons, for the recovery of what was due to them on such several notes or 
other obligations, have purchased as many distinct writ[t]s, and thereby 
multiplied their suits at the same court with intent only to burthen the 
defendant with great and unnecessary cost and charge ; therefore, to 
discourage and prevent such practices for the future, — 

Be it enacted by the Governour, Council and Souse of Represent- 
{atiy'% 

[Sect. 1.] That where several actions shall hereafter be brought in whendivera 
any court of record within this province against the same person or IJrousht^on sev. 
persons jointly, and at the same term, on several instruments of the eiai notes or 
same kind, whether notes, bills or bonds, that might conveniently have game persons, 
been included in one and the same writ[t], in such case if it shall be o^iy /o° willta" 
suggested or appear to the court probable that such actions were sev- case. 
ered and multiplied with intent only to vex the defendant or defendants, 
or to put him or them to needless cost and charge, unless the plaintiff 
or plaintiffs shall shew forth such reasonable cause for bringing such 
several and distinct suits as to the justices of such court shall be satis- 
factory, the plaintiff or plaintiffs recovering judgm[en]* thereon shall be 
allowed costs in one of such actions only. 

[Sect. 2.] This act to continue and be in force for the space of Limitation. 
three years from the publication thereof, and no longer. {^Passed 
March 22 ; published March 24, 1743-44.* 

* See note to chap. 21, ante. 



132 Peovince Laws.— 1743-44. [Chaps. 24, 25.] 

CHAPTER 24. 

AN ACT TO IMPOWER JUSTICES OF THE PEACE TO SUMMON WITNESSES. 

Preamble. Whereas it ofteii happens that when dispntes of a civil nature arise 

between parties, the matter is submitted to the arbitrament and deter- 
mination of persons mutually chosen between them, or, where actions 
are commenced, the parties enter into a rule of court, whereby much 
cost and long contentions in the law are prevented, but for want of proper 
authority to summon witnesses. before the arbitrators and referees, such 
submissions, references and peaceable settlements of disputes are not 
so easy as otherwise they might be ; wherefore, — 

Be it enacted by the Governour, Council and House of Represent- 

[atilves^ 

Justices empow- [Sect. 1 .] That, whcn any such dispute or difference arising between 

wunesscrin""" parties, shall, by them, be submitted to the arbitrament and determina- 

^ef"rences"\c ^^*^^^ ^^ pcrsous mutually choscu between them, or where actions are 

commenced, and the parties have entred into a rule of court, it shall and 

may be lawful[l] for any one of his majesty's justices of the peace within 

this province, in the respective counties, on application of either of the 

parties, or of the persons arbitrating, to grant subpcenas to summon 

and cause to appear, before the arbitrators or referees, such person or 

persons as shall be named, for evidences in the premises, as fully and 

in the same manner as, by law, he might in cases depending before 

Penalty for wit- himself ; and every person so summoned that shall refuse or neglect to 

to^lvl ev^denfe. appear and make oath before a justice of the peace, in the presence of the 

arbitrators or referees, as aforesaid, having iirst been paid as in civil 

causes is allowed to witnesses, shall be subject to the same forfeiture 

and damage as, by law, he might be were he summoned to appear 

before any court of record, and should refuse or neglect obedience 

thereto. 

And he it further enacted, ■ 
How witnesses [Sect. 2.] That when any witness may be going to sea, or lives 
be'^sworn i^o^'S than thirty miles from the place of the sitting of the referees or 
arbitrators, or, by reason of age, sickness or other bodily infirmities, is 
uncapable of travelling and appearing in person, then any justice of the 
peace, to whom application may, in such case, be made, is hereby 
impowered and directed to proceed in taking such person's evidence 
according to the law made for taking affidavits out of court. \_Passed 
March 22 ; published March 24, 1743-44. 



^oin_ 

are to be sworn. 



CHAPTER 25. 

AN ACT FOE, THE PEESERVATION OF AND TO PEOMOTE THE GEOWTH 
OF A CEETAIN PAECEL OF WOOD AND TIMBEE IN THE TOWNSHIP OF 
IPSWICH, IN THE COUNTY OF ESSEX. 

Preamble. Whereas there is a large tract or parcel of wood land lying in the 

said township of Ipswich, commonly known by the name of Chebacco 
Woods, situate more particularly between Chebacco Ponds and Man- 
chester town line ; which wood land is lotted, laid out and owned by a 
considerable number of persons : and whereas it would be of great 
advantage to said town, as well as to the particular owners of the said 
wood and timber, that the growth thereof should be preserved from the 



[4th Sess.] Province Laws. — 1743-44. 133 

feeding and browsing of cattle and sheep, which are frequently turn'd 
and kept there in considerable numbers ; and the laws already in force 
for imbodying proprietors of common fields, not reaching this case, 
there needs a further provision ; wherefore, — 

Be it enacted by the Governoiir, Council ayid House of Representatives^ 

[Sect. 1.] That, after the publication of this act, it shall and may Method for caii. 
be lawful for any five of the proprietors of said woodland to apply to [hf pr'l^pdetlrs^ 
a justice of the peace within the same county, setting forth in writing of Chebacco 
the intended bounds by which they would limit their proposed propriety, ^^°^^^- 
together with their intention for imbodying for that purpose, with the 
time and place of their intended meeting, on which application the jus- 
tice shall make out his warrant to one of the 'principal proprietors so 
applying, to notify the said owners and proprietors to assemble and 
meet, by posting up a notification for that end, on one publick house in 
each of the parishes in said town, twenty day[s] at least before the 
time of such meeting, at which time and place it shall be lawful for the 
said proprietors to meet to choose a moderator and clerk ; and if two- 
thirds of the whole proprietors, to be reckoned by interest, shall see 
meet, they may by a vote imbody themselves into a society, in which 
society the whole proprietors owning lands within the proposed limits 
shall be concluded, and may at said meeting agree upon some proper 
'methods for calling proprietors' meetings for the future ; and the said Power of the 
proprietors so imbodyed shall have and enjoy all the powers and privi- inthe^rmeetiDg! 
le[d]ges for the ordering and managing the affairs of the^aid wood, 
and for the preservation and increase thereof, as fully and amply to all 
intents and purposes, as any proprietors of common or general fields 
already imbodyed, do or maj^ enjoy by laws of this province already in 
force respecting any improvements. 

Provided nevertheless, — 

[Sect. 2.] That if fmy one of the said proprietors shall think him- Aggrieved per- 
self aggrieved by their imbodying as aforesaid, and shall then enter his to'the"^gtniena'^ 
dissent with the clerk of said meeting, he ma}^ apply for relief to the sessions of the 
court of general sessions of the peace next to be holden within the said ^^^'^^' 
county ; and the said court may thereupon appoint three persons indif- 
ferent and disinterested to hear the part[y][ze]s, duly weigh and con- 
sider the circumstances, and report their opinion to the said court what 
maybe reasonable to be done between the said part[y][(*e]s ; which 
report being returned, the court shall enter up judgm[cH]t thereon, and 
such judgm[e?i]t shall be binding, anything herein contained notwith- 
standing. And the said proprietors shall observe the same rules and 
methods in ordering and managing their whole affairs, in all respects, as 
the laws have provided in cases of common or general fields. [^Passed 
Ilarch 22 ; published March 24, 1743-44. 



CHAPTEK 26. 

AN ACT IN ADDITION TO AN ACT MADE IN THE FIFTEENTH YEAR OF 
HIS PRESENT MAJESTY'S REIGN, INTITULED "AN ACT IN ADDITION 
TO AN ACT MADE TO PREVENT THE DESTRUCTION OF THE FISH 
CALLED ALEWIVES, AND OTHER FISH." 

Whereas in and by an act made in the fifteenth year of his present preamble, 
majesty's reign, intituled " An Act in addition to an act made to prevent 1741-42, chap. le. 
the destruction of alewives and other fish," it is provided, that all per- 
sons that should thereafter build any mill-dam or dams, or that had, 



134 



Province Laws. — 1743-44. [Chap. 26.] 



Owners or occu. 
pants of dams 
may apply to 
the sessions to 
order the pas- 
sages for tish, 
and the circum- 
Btances thereof. 



Parties ng- 
grieved by such 
order to apply 
to the sessions 
for relief. 



Charge, how to 
be borne. 



before the time of the passing of the same, built any such dam across 
any river or stream where the salmon, shad, alewives or other fish usually 
pass up into the natural ponds to cast their spawn, shall make or open a 
sufficient passage-way for the fish to pass up such river or stream 
through or round such dam, and shall keep it open for the free passage 
of the fish, from the first day of April to the last day of May, annually ; 
and also, that a sufficient water-passage round, through or over such 
dams, should be made for the passage of such fish, or their young 
spawn, in the season of their going down such river or stream, on pen- 
alty of fifty pounds for every oflfence ; but, by reason that no direction 
is therein given with respect to the sufficiency of the sluice or passage 
so to be made or left open, there arises great difficulty to the owner or 
occupant of such dams in complying therewith : and, luhereas, by rea- 
son that in some streams and rivers the said fish pass sooner, and, in 
others, later, in the year than the time prescribed in said additional act, 
as well as that the time of their passing up and down is, in some streams 
and rivers, longer, and, in some, shorter, so that it is found bj' experi- 
ence that the general rule, in the aforesaid cases, by law provided, does 
not onl}^ fail of the good ends proposed thereby, but also exposes the 
owners and occupants of such dams to trouble and damage not neces- 
sary to answer the good purposes of said additional act ; wherefore, — 

Be it enacted by the Governour, Council and House of Representatives^ 

[Sect. 1.] That it shall and may be lawful for any owner or occu- 
pant of any such dam or dams already built, or that may hereafter be 
built, and who are or may be obliged by said additional act, to open or 
leave open such passage as aforesaid, to apply to the next court of 
general sessions of the peace, to be holden in and for the county where 
such mill-dam is ; and the justices of the court respectively, on such 
application, are impowered and directed to appoint a committee of 
three sufficient, and, as much as may be, disinterested, persons, under 
oath to repair to the dam where the passage is proposed to be opened, 
and carefully view the same, and, in the best manner they are able, to 
inform themselves of the most proper place for the passage of such fish 
up and down stream, of what dimensions the same shall be made, or 
appointed to be, and what part of each year, and how long the same 
shall be kept open, and return the same, under their hands, or the hands 
of the major part of them, to the said court for their acceptance ; which 
return, so made and accepted, shall be deemed and adjudged the lawful 
rule of proceeding in making and keeping open the passage and passages 
for the fish in passing up and down the rivers and streams for the 
future, anything contained to the contrary in said addititional act not- 
withstanding. 

Provided, nevertheless, 

[Sect. 2.] That if, at any time after such determination, either party 
shall think themselves aggrieved by such determination, it shall and 
may be lawful for the owner or owners, occupant or occupants, of such 
mill-dam or dams, or any other five persons of the other party, who may 
expect benefit by said fish passing up such rivers or streams, once more 
to apply to the said court for a new view and report on the premises in 
manner aforesaid, which, being \>y said court accepted, shall be final ; 
the charge of such application to be born by the persons applying, in 
case no material alteration on the first return is made, but, otherways, 
be born by the owners of the dam, in proportion to their interest, to be 
first stated and allowed by the said court of general sessions, and may 
be recovered by action or actions of debt in any court proper to try the 
same. \_Passed February 27, 1743-44. 



[4th Sess.] Province Laws. — 1743-44. 135 



CHAPTER 27. 

AN ACT TO CONFIRM SEVERAL VOTES OF THE PROPRIETORS OF THE 
WESTERLY HALF OF LEICESTER, 

Whereas the proprietors of the westerly half of the town of Leices- Preamble. 
ter, at their meeting on the second of November last, voted that their i"23.24, chap. it. 
lands be subjected to a tax of twopence, old tenor, per acre, for the 
year 1744, and a further tax of twopence, old tenor, per acre, yearly, 
for the four next years, for and towards the support of a learned, ortho- 
dox minister in that part of the said town ; and also that their said 
lands shall be subjected to a further tax of a penn}*, old tenor, per 
acre, for the first year ; viz"^'^., the year 1744, to pay contingent charges ; 
and that the said proprietors, at their meeting on the fifteenth of this 
instant February, chose Mr. Samuel Hunt their treasurer, and voted 
that the lands shall be subjected to a further tax of a penny, new tenor, 
per acre, towards the set[^]lement of a minister: provided, cdivays, 
that those of the proprietors aed sellers that have subscribed a writing, 
dated the 27th of December last, for that purpose, shall pay to Mr. 
Treasurer Hunt the several sums therein set against their names, 
amounting together to the sum of a hundred and seven pounds, old 
tenor ; and at both the meetings aforesaid, the said proprietors voted, 
that Mess[ieit]rs James Wilson, John Stebbins, and Moses Smith, 
inhabitants of the westerly half of Leicester, be assessors of the 
monies voted as aforesaid, and that Mess[?e«]rs John Cunningham, 
Samuel Bemus, Jun'^"^., and Joshua Barton be collectors to collect the 
monies that shall be assess[fi]d on the said proprietors by the said 
assessors ; and dlso that the clerk be desired to make application to 
the great and general court to confirm the votes aforesaid : and 
whereas Samuel Tyle}", Jun"^'^., clerk of the said proprietors, hath pre- 
fer'd his humble petition in behalf of the said proprietors to the great 
and general court now sit[^Jing, praying them to pass an act or law for 
confirming the votes aforesaid, and enabling the said assessors to 
assess, and the said collectors to collect, and the said treasurer to 
receive the monies aforesaid ; therefore, — 

Be it enacted by the Governour, Council and House of Representatives, 
That the votes aforesaid, made b}- the said proprietors in manner as Votes of the 
aforesaid, be and hereby are confirmed, and that the said assessors, or The west^pan^of 
any two of them, and the said collectors, after they have been dulj' ^,?^^®^'^*' °°'^- 
sworn for those purposes, be and hereby are impowered and enabled to 
assess the said inhabitants, and collect and receive the mone[ie][?/]s 
aforesaid, in the same manner as other towns or precincts have hereto- 
fore assess [e]d and collected their rates and taxes ; and that the said 
treasurer, or his successors, be and hereby is enabled to receive the 
same : which the said collectors are to pay to the said treasurer accord- 
ingly. \_Passed February 25 ; published March 17, 1743-44. 



firmed. 



CHAPTER 28. 

AN ACT TO EXPLAIN A PARAGRAPH IN AN ACT OF THIS PROVINCE, 
MADE IN THE PRESENT YEAR OF HIS MAJESTY'S REIGN, FOR THE 
MORE SPEEDY FINISHING THE LAND-BANK OR MANUFACTORY 
SCHEME. 

Whereas in and bv an act made and pass'd at the session of this Preamble. 
court, held the twentieth day of October last, [e][i]ntit[M]led " An Act 1743-44, chap. it. 



136 



Province Laws.— 1743-44. [Chap. 28.] 



Maniifactory 
bills, for which 
vnlue has been 
received, only, 
to bo delivered 
to the commis- 
Bioners. 



for the more speedy finishing the land-bank or manufactory scheme," it 
is, among other things, provided that the said act " shall not be ad- 
judged or construed to be intended to hinder the possessors of an}^ of 
the manufactory bills from making the same demands upon any of the 
late directors and partners of the said late manufactory company for the 
redemption of the said bills, as they might have made upon them before 
the publication of the said act, and that the estates of the said directors 
and partners shall be as liable to be attached at such suits of the 
possessors of the said bills, or of any other just creditor, as they were 
before the making of the said act, anything therein contained to the 
contrary therefore in anj'wise notwithstanding " ; and in and by another 
clause of the said act, it is enacted, " that whereas several parcels 
of the said manufactory bills may be lodged in some or other of 
his majesty's courts of judicature within this province, upon judg- 
ments obtained there, b}' some of the possessors of such bills, against 
some of the directors or partners of the late land-bank company, 
for the redemption of the said bills ; the justices of the said courts 
shall, within thirty days after the publication of that act, cause 
such bills to be delivered up to the afores[a?"]d commissioners, with 
a certificate of the names of the possessors who lodged the said 
bills in court, and of the directors or partners of the said late 
company, against whom judgment was obtained for the redemption of 
the said bills " ; and ivhereas it may have happened that some of the 
possessors of the said manufactory bills, who had, before the making of 
the afores[o?']d act, obtained judgments in some or other of his maj- 
esty's courts of judicature within this province, against some of the 
directors or partners of the said late manufactory compau}^ for the value 
of some of the said bills and interest due thereon, pursuant to the act of 
parliament in that case made and provided, and had thereupon lodged 
such bills in the court where they had obtained such judgments, but had 
not then, nor have yet received satisfaction upon those judgments ; 
and tvJiereas some doubt has arisen whether the justices of his majesty's 
courts of judicature, where any of the s[«/]d manufactory bills are 
lodged as aforesaid, are not directed and bound by the last-recited 
clause of the afores[nt]d act of this court, to deliver up all the same 
without exception to the afores[cn']d commiss[i07ie]rs, as well in cases 
where the late possessors of the said bills, who have obtained judgm[e72]t 
in their court for the value of the same, and interest due thereon, with 
cost[s] of suit[s] , have not received full satisfaction upon such judg- 
ments, as in cases where they have received satisfaction upon the same, 
which construction of the said clause is contrary to, and inconsistent 
with, the plain sense of the hereinbefore first-recited clause of the same 
act, and to the intent and meaning of the said act in general ; now, for 
removing the said doubt, and preventing any misconstruction of the 
said act in the case before mentioned, — 

Be it enacted and declared by the Governour, Council and Hotise of 
Representatives^ 

That the true intent and meaning of the hereinbefore recited clauses 
of the afores[cu"]d act for the -more speedy finishing of the land-bank or 
manufactory scheme, was, at the time of passing the said act, and shall 
be, adjudged, construed and taken to be, that such onl}^ of the said manu- 
factory bills, for the value of which judgments as afores[oi]d have been 
obtained, and the late possessors have received full satisfaction, accord- 
ing to such judgments (and it so appears by the records of the said 
courts), shall be delivered out of any of the said courts of judicature, to 
the afores[ai]d commissioners, an3^thing in the afore-recited act to 
the contrary notwithstanding. \_Passed and published February 28, 
1743-44. 



[4th Sess.] Province Laws. — 1743-44. 137 



CHAPTEE 29. 

AN ACT TO ENABLE JUSTICES OF THE PEACE AND TOWN CLERKS TO 
ADMINISTER AN OATH TO SEALERS OF WEIGHTS AND MEASURES, 
&cU]., AND TO ESTABLISH THEIR FEES. 

"Whereas by law it is provided that sealers of weights and measures Preamble. 
when chosen shall be presented to the court of general sessions of the i692-93,ciiap.3o, 
peace to be sworn, which by reason of the distance of man}' towns in 
this province from any such court, often occasions great delay and 
unnecessary trouble ; for preventing of which for the future, — 

Be it enacted hy the Governour, Cotmcil and House of Representatives, 

[Sect. 1,] That from and after the publication of this act, it shall Justices of 
and may be lawful [1] for any one of his majesty's justices of the peace cfe'^k^Toadn^". 
in the respective counties to administer an oath to any sealer of weights ister the oath to 
and measures that may be chosen (as by law already provided) in any weigiits°and 
town within the county where such justice lives, or the town clerk in Pleasures. 
such towns where no justice dwells, and such sealer so chosen and 
sworn shall be deemed legally qualified for his trust. 

And whereas, in the late law for establishing fees, no provision is 
made for such offices, and by the alteration of the value of money the 
former fees are become unequal, — 

Be it enacted, 

[Sect. 2.] That for the future the fees for the first sealing any Fees for sealer 
•weight, measure, scale or beam shall be one penny halfpenny, and for ^^'^" 
each after-sealing any such weight, measure, scale or beam, one penny, 
which the sealer may demand and take, and no more ; any law, usage 
or custom to the contrary notwithstanding. \_Passed March 5 ; pub- 
lished March 17, 1743-44. 



Notes. — There were four sessions of the General Court this year. The second session 
was held, by adjournment, September 8, and continued ten days. No proclamation of 
prorofration, during this year, has been discovered, although Mr. Secretary Willard certified 
that the second session was prorogued to October 20 ; and it clearly appears that the General 
Court sat again from February 8, to March 22, 1743-44. The fourth session was adjourned 
to April 4, 1744. On the next day it was adjourned to April 18, and again, on that day, to 
April 24, and was dissolved April 28. 

The engrossments of all the acts of this year are preserved, except of chapters 18 and 26 ; 
and all were printed with the sessions acts, except chapters 8 and 9. 

Chapter 7 was transmitted to the Lords of Trade,by Governor Shirley, in July of this 
year ; chapter 17 was forwarded, in like manner, on the 7th of November following, and 
chapter 14 a week later. The action of the Home Government upon those acts wiU be 
found in the notes to the respective chapters, 2^ost. 

With the exception of chapter 7, no trace has been found *of the reception of the acts 
of the first session. The acts of the last three sessions were regularly certified to the 
Lords of Trade, by Secretaiy Willard, August 9, 1744, and Avere received October 26, and 
read on the 14th of November following. They were referred to Mr. Fane for his opinion, 
in point of law, but, excepting chapters 14 and 17, have not been tracStl further in the 
records of the Lords of Trade or of the Privy Council. 

The approval of these last-named acts was certified to Governor Shirley by the Lords 
of Trade in a letter bearing date August 9, 1744. 

Chap. 7. " Wednesday, October 26th, 1743. [Present] CoL Bladen, Mr. Plumer, Mr. 
Keene. 

*********** 

Eece* another letter from M' Shirley dated at Boston July 1743, transmitting an Act to 
explain the Act to ascertain the value of mo7iey &; of the bills of Credit passed in June 
last and containing his reasons for passing it." — Trade-jiapers, iol. 45, p. 108, in Public- 
Record Office. 

* ********** 

An Act in addition to and in explanation of sundry Clauses of an Act entitled an Act 
to ascertain the value of Money and of the Bills of Publick Credit of this Province &° 

To which Acts I have no objection, as they entirely relate to the affairs of this Province 
and seem intended for the well ordering & governing the same. I am. My Lord, 
Your Lordships most obed' Ser'. 

4 Fcby. 174a Fran. Fane." 

—Mass. Day, B. T., vol. 71, F.f. 18, in Public-Record Office. 

18 



138 Province Laws. — 1743-44. [Notes.] 

Chap. 13. "Sept. 10, 1743. In the House of Represent'"; Whei-eas the Appropriation 
for grants in the late Act for supplying the Treasury is exhausted, and sundry grants have 
been made by this court which are not yet paid, & other grants necessary for the sei'vice 
of the Province may hereafter be made, and the attendance of the Members of the Court 
at this season of the year, in order to prepare and pass a Bill for the supply of the Treas- 
uiy, Avill be extreamly prejudicial to their affairs : And whereas part of several other ap- 
propriations remains in the Treasury, which may not be necessaiy to be drawn out till the 
Court shall sit again : 

It is therefore Ordered that the sum of Forty three pounds five shillings and seven pence 
thi-ee farthings, being the surplus of the Five Thousand Pounds — appropriation for the 
service of His Majesty in the late Expedition to the West Indies, and the sum of Four 
Hundred and eighty pounds ten shillings and ten pence remaining of the Seven Hundred 
Pounds formerly taken from the Five Thousand Pounds — appropriation aforesaid, and the 
sum of Three Hundred pounds part of the Five Hundred Pounds appropriation for payment 
of contingent charges, and the sum of Eleven Hundred and Ninety two pounds sixteen 
shillings and nine pence half peny, being the surplus of the Four Thousand Pounds — ap- 
propriation for payment of Forts and Garrisons &■= the whole of the several sums aforesaid 
amounting to Two Thousand and sixteen pounds thirteen shillings and three pence one 
farthing be taken from the several Appropriations to which they respectively belong and 
applied or appropriated for the payment of such Grants as are or shall be made by this 
Court the several sums, taken as aforesaid, to be restored or made good to their respective 
appropriations by the next act for supply of the Treasury that shall pass this court. In 
Council ; Read and Concur'd. 

i Consented to W. Shiklet." 

Council Records, Vol. XVIL, b. 4, p. 134. 

Chap. 14. This was one of the acts included in Mr. Fane's report of February 4, 1743-4, 
quoted in tiote to chap. 7, ante. It was submitted to him by the Board of Trade on the 27th 
of the previous month ; and on the 24th of February a draught of a representation for the 
King's assent thereto was prepared and signed by the Board. 

"Order in Coxmcil confirming an Act passed in Nov. 1743. 

At the Court at St. James's the 9"" day of May 1744 Present The King's most Excellent 
Majesty in Council 

Whereas by Commission under the Great Seal of Great Britain the Governor, Council 
and Assembly of the Province of the Massachusetts Bay in New England are authorized 
and empowered to constitute and ordain Laws which are to continue and be in force unless 
His Maj'y's pleasure be signifyed to the contrary — And whereas in pursuance of the said 
Commission an Act was past in the said Province in November 1743 in the Words following 
Viz': 

An Act for preventing the destruction of White Pine Trees within this Province and for 
encouraging the preservation of them for the use of the Royal Navy. 
(Mem*. Here the Act was inserted at length.) 

Which said Law having been under the consideration of the Lords Commissioners for 
Trade and Plantations and also of a Committee of the Lords of His Majesty's most Hon- 
ourable Privy Council, the said Lords of the Committee this day presented the said Law to 
His Majesty at this Board with their opinion that the same was proper to be approved — 
His Majesty talcing the same into consideration was pleased with the advice of His Privy 
Council to declare his approbation of the said Law And pursuant to His Majesty's Royal 
Pleasure thereupon expressed the said Law is hereby confirmed finally enacted and ratifyed 
accordingly Whereof the Governor or Commander in Chief of the said Province for 'the 
time being and aU others whom it may concern are to take notice and govern themselves 
accordingly. A true Copy W. Shakpe." 

—Mass. Bay, B. T., vol. 71, F.f. 37, in Public-Record Office. 

Chap. 17. " Nov. 5, 1714. A Projection or Scheme for Establishing a Fund or Bank 
of Credit upon a Land Security ; which may give the Bills issued therefrom a general 
Currency. Sent up from tlie Represent'" with an Order pass'd thereon; viz. Oi'dered 
that no private Company or Partnership proceed to the Making or Emitting of any Bills of 
Credit, as a Medium of Exchange in Trade, without the Allowance & Approbation of this 
Court : 

Read & Conc^j'd : — Consented to. J. Dudley." 

—Council Records, vol. IX., p. 436. 

*********** 

I now transmit to your Loi'dships an Act of an Equitable nature, which I believe will 
be effectual for the pui-poscs design'd by the late Bill (if it shall have his Maj'J' Royal Aj)- 
probation) and which is so framed as that I hope it may appear to your Lordships, as it 
does to me, to stand clear of all the Objections against that Bill. 

The extraordinary powers given by the late Bill to the Commissioners were a power by 
their Warrant to the Sheriff to break open doors, chests &«» in order to seize the effects, 
books & papers of the late Directors ; an absolute power to assess any sum upon any of 
' the Delinquent Directors or Partners without liberty of appealing from their determination 

in case of any grievance as also to apportion the' general Loss among 'em without any 
appeal, likewise to sell that part of any Delinquent Directors or Partners Estate which had 
been before mortgaged to the Company at their discretion for payment of the sums assess'd 
upon 'em and those Delinquent Partners & Directors were made incapable of alienating 
such part of their Estates from and after the Publication of the Act without special leave 
from the Governour and Council and all the Acts of the Commissioners in general were to 
be final except that they were to be accountable to the General Court for their Receipts and 
Payments— Whereas this Act has no other effect for binding and svfbjecting the Estates 



[Notes.] Province Laws. — 1743-44. 139 

of the Delinquent Directors and Partners from and after the Publication of it to the pay- 
ment of such sums as shall be assess'd upon 'em by the Commissioners with the allowance 
of the General Court, than the actual service of an ordinary Writ of Attachment at the suit 
of any Creditor would have upon their Estates for subjecting 'em to the payment of any 
common Debt, according to the common course of the Law — and usage within the Prov- 
ince : The Commissioners have no power to break open Locks, no absolute power to assess 
any sums of money upon any Partner or Director, but they are oblig'd to make a Report 
of their Assessments and all their other Acts to the General Court which must give a sanction 
to 'em before they are binding and may disallow 'em : And such Partners or Directors 
■who think themselves aggrieved by any of their Determinations, may appeal from 'em to 
the General Court ; and if they choose to have any material facts not agreed between 
them and the Commissioners ,try'd in a Court of Law upon an issue to be directed by the 
Gen' Court such issue is to be directed for the Trial of 'em by a jury in his Maj'J' Superior 
Court of Judicature ; so that no party can lose the benefit of a Trial at Law, if he desires 
it ; And the Commissioners have no power to make sale of that part of any Delinquent 
Partner's or Director's Estate, which was before mortgag'd to the Company, as was before 
given 'em by the late Bill, but only to mortgage it; And it is expressly provided by the 
Act that notwithstanding anj'thing contained in it, or done in pursuance of it, the per- 
sons and estates of the Partners and Directors shall be liable to the same Demands and 
Attachments of the Possessors of the Bills as they were before the making of the Act ; 
So that this Act of the General Court does not in the least interfere with the Act of Par- 
liament by taking away the Remedy which that gave the Possessors of the Bills against the 
Partners or Directors, and substituting another in lieu of it, unless the Possessors choose 
to bring in their bills to the Commissioners to be redeem'd by them, which is in their 
favour ; nor does it in the least clash with the Act of Parliament by declaring or supposing 
any of the Agreements or Covenants between the Partners and Directors in forming and 
executing their late scheme to be good in Law, which the Act of Parliament declares t» 
be illegal and void; but is manifestly calculated to carry the Act of Parliament into 
Execution according to its full intent, which I suppose was to punish and burthen the whole 
Company and not that such of 'em, who should pay a due obedience to the Act, should be 
ruin'd in their Estates and Families, and those who were dishonest and refractory should 
avoid their part of the Loss and Burthen by their obstinacy, which among so great a num- 
ber as eight hundred, of which the Company consisted, must have been the fate of some 
if this Act had not been made ; besides their being subjected to the Oppression of such 
persons as buying up the Bills of some ignorant possessors at a great discount, either out 
of avarice in pique against particular persons, harrass 'era with demands in order to exact 
sums of money from 'em to let their suits drop and contribute to keep such of the Bills as 
are now outstanding in a Cii'culation — And it seems to me upon the whole that this Act of 
the General Court is so well guarded and that it is framed in such manner, as that, if any 
Act eflfectual to answer the ends design'd by this and consistent with the Act of Parliam' 
can be devis'd, this is such a one. 

And your Lordships perceive that this Act provides that in case of the Death or refusal 
of any of the Commissioners, such Vacancy is not to be filled up by the Governor and 
Council, as was provided by the former Bill, and which I understand was excepted to by 
your Lordships, but is to be supply'd by the General Court. 

And I would particularly observe to your Lordships that I have taken care that the Com- 
missioners shall only proceed to audit the accounts of the Company and make report of 
their proceedings to the Gen' Coui-t (at their next May Sessions) which must give sanctioa 
to all that they do, so that I have it absolutely in my power to hinder the Act from being 
carried into execution, 'till I know his Maj'J^ pleasure upon it, and I shall accordingly sus- 
pend the execution of it till then ; and I hope that the steps, which the Commissioners will 
take in the meantime in auditing and settling the affairs of the Company and in apportion- 
ing the loss which will arise from the whole scheme, in order to be lay'd before the General 
Court, may tend to check several mischievous practises, one of which is an endeavour to 
influence some Members of the Assembly, who have been lately active in his Maj'ys service 
by intimidating 'em with Demands of large sums of Manufactoiy Bills, in order to make 
'em oppose the measures of the Government for the sake of getting rid of such demands ; 
for which special purpose some sums of those Bills have been purchased of the Possessors, 
which is a vile abuse of the Act of Parliament. 

As it appears to me that this Act would be for the sei-vice of his ]SIaj'y» Govern* here, as 
well as very much for that of the Countiy and correct several abuses of the Act of Parlia- 
ment, I hope your Lordships will not find anything so exceptionable in it as to hinder his 
Majesty's approbation of it ; And if your Lordships would be pleased to signify to me his 
Maj'J" pleasure upon it as early as may be consistent with your conveniency, so that I may 
know how to act upon it by the beginning of next June I should esteem it a singular mark 
of your Goodness & Favour to me. 

I shall observe your Commands relating to the Lands between Nova Scotia and the River 
of Sagadehock, and an account of the state of the Paper Currency and all other matters 
in your last letter not answer'd here, and am with the highest respect 

My Lords 

Your obedient and 

most humble Servant 

W. Shirley. 
—Letter to the Lords of Trade, 7 Nov., 1743; Mass. Bay, B. T., vol. 71, F.f. 16, in Pub- 
lic-Record Office. 

This act was sent to Mr. Fane with chapter 14 ; and was included in his report of Feb- 
ruaiy 4, 1743-44, above quoted, and also in the representation of the Board of Trade 
referred to in the note to chapter 14, ante. 



140 Province Laws. — 1743-44. [Notes.] 

Order in Council confirming an Act passed' in Nov. 1743. 
At the Conrt at St. James' the 9th day of May 1744. Present, The King's most Excellent 

Majesty in Council. 

"Whereas by Commission under the Great Seal of Great Britain the Governor Council 
and Assembly of the Province of the Massachusetts Bay in New England are authorized 
and empowered to constitute and ordain Laws which are to continue and be in force unless 
His Majesty's pleasure be signifyed to the contrary — And whereas in pursuance of the said 
Commission an Act was past in the said Province in November 1743 in the Words follow- 
ing, Viz' : 

An Act for the more speedy finishing of the Land Bank or Manufactory Scheme (Mem* 
Here the Act was inserted at length) 

Which said I^aw having been under the consideration of the Lords Commissioners for 
Trade and Plantations and also of a Committee of the Lords of His Maj'y* most honourable 
Privy Council, the said Lords of the Committee this day presented the said Law to His 
Majesty at this Board with their opinion that the same'was proper to be approved — His 
Majesty taking the same into consideration was pleased with the advice of His Privy 
Council to declare his approbation of the said Law — And pursuant to His Majesty's Eoyal 
Pleasure thereupon expressed the said Law is hereby confirmed, finally enacted and ratifyed 
accordingly — Whereof the Governor or Commander in Chief of the said Province for 'the 
time being and all others whom it may concern are to take notice and govern themselves 
accordingly. 

A true Copy. W. Shaepe. 
—Ibid., F.f. 38. 

Chap. 26. "June 24, 1742. A petition of Timothy Sprague of Maiden, Shewing that 
he has for many years past been in controversies in the law, respecting a Mill and Mill 
Dam at a place called Spot Pond, which he and his Ancestors have been in possession of, 
for about an hundred years past; that he is threatened by his adversaries to be sued for the 
penalty of an Act lately pass'd, entitled An Act in Addition to An Act made to prevent the 
destruction of the Fish called Alewives and other Fish ; And for as much as in reason and 
equity he ought not to be subjected to the penalty of the said Act; therefore Praying that 
this Court would expressly except his Dam from the said Act. 

In the House of Represent'^' ; Read and Ordered that the Consideration of this Petition 
be refer'd to the next Session of this Court; and all proceedings with respect to the Peti- 
tioners MiU Dam within mentioned in consequence of the law made the last year, entitled 
An Act in Addition to An Act to prevent the destruction of Alewives, be suspended in the 
mean time In Council ; Read and Concur'd. 

Consented to W. Shiblet." 
— Council Records, vol. XVII., b. 3, p. 436. 

Chap. 27. " Februaiy 15, 1713. The following Order pass'd in the House of Represent'" 
I'ead and concur'd ; viz. 

Upon reading a petition of Joshua Lamb, Richard Draper, Samuel Ruggles, Benjamin 
Tucker and others, setting forth that upon the twenty-seventh day of January, 1686, for a 
valuable consideration therefor paid, they purchased of Philip Trays and Monehhue his 
wife, John Wanscom and Wawonnow his wife and other Indians the heirs of Oarashoe, 
the original sachem of a place called Towtaid lying near Worcester, a cei'tain tract of land, 
containing eight miles square, abutting southerly on the land which the Govern'' lately 
purchased of the Indians, and westerly the most southerly corner, upon a little pond 
called Paupogquincog ; then to a little hiU called Wehapehatonon ; and from thence to 
a little hill called Aspomscok; and so then easterly upon a line untiU it come against 
Worcester bounds, and joins unto their bounds, as may be seen more at large by 
the Original Deed executed by the said Indians, proprietors, and acknowledged before 
the Hon'''« William Stoughton Esq' praying a confirmation of the said tract of land to 
them and their associates ; That they may be encouraged to proceed forthwith to settle 
the same with inhabitants under such directions and reservations as shall be thought meet. 

Ordered that the prayer of the petitioners be granted, provided that within seven years 
time, fifty families settle themselves in as defensible and regular a way as the circumstances 
of the place will allow, on part of the said land ; and that a sufiicieut quantity thereof be 
reserved for the use of a Gospel Ministry there and a school; provided also that this inter- 
fere with no former grant ; and that this grant shall not exceed the quantity of eight miles 
square; the town to be named Leicester, and to ly to the County of Middlesex. 

Consented to, J. Dudley." 
— Council Records, vol. IX. p. 351. 

" February 16, 1713. The following Order pass'd the Hovise of Represent"' read and 
concur'd; viz. 

Ordered that John Chandler Esq' survey' be appointed to lay out the tract of land 
granted this present session to be a township by the name of Leicester, at the charge of the 
grantees, and lay a plat thereof before this court at their session in May next for confir- 
mation. Consented to, J. Dudley." 
—Ibid., p. 353. 



ACTS, 
Passed 1744—45. 



[141] 



ACTS 

Passed at the Session begun and held at Boston, 
ON THE Thirtieth day of May, A. D. 1744. 



CHAPTER 1. 

AN ACT FOR THE MORE EFFECTUAL GUARDING AND SECURING OUR 
SEACOASTS, AND FOR THE ENCOURAGEMENT OF SEAMEN TO ENLIST 
THEMSELVES IN THE PROVINCE SNOW, OR SUCH VESSELS OF AVAR 
AS SHALL BE COMMISSIONED AND FITTED OUT BY THIS OR OTHER 
OF HIS MAJESTY'S GOVERNMENTS DURING THIS PRESENT WAR WITH 
FRANCE. 

Be it enacted by the Governour, Council and House of Rejjresentatives, 

[Sect. 1.] That the officers and ship's company of the province Vessels and 
snow, or such vessels of war as shall be commissioned and fitted out fi?ou°th<]^F'rench 
by this government during the present war, shall have the sole interest allowed to the 
and property of and in all and every ship, vessel, goods, and merchan- fnveTsdsoT^ 
dize, as they or either of them, since the first day of June instant, have ^''ng^^.^^^ijia 
seized or taken, or shall hereafter seize or take, from the French king, Government. 
his vassals or subjects, during the present war with France. 

And, as a further encouragement to the officers, seamen, and others 
aboard said vessels of war, to attack, take, and destroy any ships of 
war or privateers belonging to the enemj', — 

[Sect. 2.] That there shall be paid unto the officer, seamen, and £3 allowed for 
others, that shall have been actually on board such of the before-men- ami p^r^on'^'^ 
tioned vessels of war, in any action where any vessel or vessels of war, kiiudinauy 
or privateers, shall have been taken from the enemy, sunk, burnt or other- ''^^^^ ° ^* * 
wise destroj'ed, three pounds for every man which was living on board 
any vessel or vessels so taken, sunk, burnt or otherwise destroyed, at 
the beginning of the engagement between them ; the number of such men Manner of proof 
to be proved by the oaths of three or more of the chief officers or men knEfdf &c! 
which were belonging to the said vessel or vessels of war, or privateer, 
of the enemy, at the time of her or their being taken as prize, sunk, 
burnt or otherwise destroyed, before the governour, lieutenant-governour 
' or one or more of his majesty's council of this province, and by either 
of them certified ;. the said prizes, with the goods and merchandize on in what proper- 
board the same, after having paid the duties of impost, with the pre- and prei^uu7i3 
miums aforesaid, shall be divided among the captors as follows : to the to be divided. 
captain, two-eighths ; to the lieutenant and master, one-eighth ; to the ^^^ °°{| *° ^^^ 
warrant-officers, one-eighth ; to the petty officers, one-eighth ; and to . 
the ship's company, three-eighths : and the captain, officers, and ship's 
company shall appoint their respective agents for the receiving, man- 
agement, and distribution of their particular shares accordingly. 

And, for the encouragement of vessels of war commissioned and fitted 
out by any of his majesty's colonies, and all private vessels of war and 



144 



Province Laws. — 1744-45. 



[Chap. 2.] 



Vessels and 
cargo and pre- 
mium of £o for 
eaL-h prisouer, 
&c., to be 
allowed to the 
captors commis- 
sioned in the 
neighboring 
GovL-rnments ; 
and vessels 
taken within 
ceitain limits. 



trading vessels that have letters of marque or commissions as private 
vessels of war from this or any of his majesty's aforesaid governments, 
against the subjects of the French king during this present war, to 
attack, take, burn, sink or otherwise destroy any ships of force belong- 
ing to the enemy, — 

Be it farther enacted., 

[Sect. 3.] That there shall be paid unto the officers, seamen, and 
others that shall have been actually on board such of the before-men- 
tioned vessels of war, in any action where any ship or ships of war, or 
privateer, shall have been taken from the enemy, sunk, burnt or other- 
wise destroyed on the coast of this province within the following limits ; 
viz., from Nantucket and Seconnet on the south, toCanso on the north- 
east, three pounds in bills of this province for every man which was 
living on board any such vessel or vessels so sunk, taken, burnt, or 
otherwise destroyed, at the beginning of the engagement between them ; 
the number of such men to be proved and certified in manner as before 
mentioned : the premiums aforesaid to be distributed to such persons, 
and in such proportions, as prizes respectively taken by the vessels 
aforesaid are or ought to be distributed ; all which premiums shall be 
duly and seasonably paid out of this province treasury in course as all 
other payments are made. \_Passed June 19 ; published June 23. 



CHAPTER 2. 



AN ACT FOR LEVYING SOLDIERS. 



Preamble. 



Duty of the 
chief ofiQcers of 
the regiments in 
levying soldiers. 



Penalty for not 
doing his duty. 



Duty of the 
chief officer of a 
company or 
troop. 



For the more speedy and effectual levying of soldiers for his majesty's 
service, when and so often as there shall be occasion for the same, for 
the preservation and defence of his majest3''s subjects and interests, 
and the prosecuting, encountring, repelling or subduing such as shall at 
any time attempt, in hostile manner, to enterprize the destruction, inva- 
sion, detriment or anno3'ance of this his majesty's province, or any of 
his majesty's subjects therein ; and for the better preventing disappoint- 
ments, thro' default of any employed in levying of such soldiers, or by 
the non-appearance of such as shall be levyed, — 

Be it enacted by the Governour, Council and House of Representatives, 

[Sect. 1.] That when and so often as the chief officer of any regi- 
ment of militia within this province shall receive orders from the 
captain-general or commander-in-chief, for the time being, of the said 
province, for the impressing or causing to be impressed for his maj- 
esty's service, out of the regiment under his command, so many soldiers 
as in such orders shall be mentioned, such chief officer of the regiment 
shall forthwith thereupon issue forth his warrants to the captains or 
chief officers of the companies or troops within his regiment, or such 
of them as he shall think fit, requiring them respectively to impress out 
of the militia, in the companies or troops under their command, so 
many able soldiers, furnished and provided as the law directs, and in 
the whole shall make up the number which by the orders of the captain- 
general or commander-in-chief he shall be directed to impress, on pain 
that every chief officer of a regiment that shall neglect or not do his 
utmost to send forth his warrants seasonably (having orders for the 
same as above mention'd) shall forfeit and pay a fine of fifty pounds. • 

[Sect. 2.] And every captain or other chief officer of any company or 
troop that shall receive any warrant from the chief officer oi'' the regiment 
whereto such company or troop belongs, for the impressing out of the 



[1st Sess.] Province Laws. — 1744-45. 145 

same any soldier or soldiers for his majesty's service, shall thereupon 
use his utmost endeavour to impress, or cause to be impressed, so many 
soldiers as by such warrant he shall be required to impress, and to have 
them at the place of rendezvous in time as therein shall be mentioned, 
on pain that every captain or chief officer of any company or troop that 
shall neglect, or not do his utmost, to comph' with and perform any war- 
rant to be by him received as aforesaid from the chief officer of the regi- 
ment, shall, for such neglect and default, pa}- a fine of twenty pounds. 

[Sect. 3.] And every officer or soldier that shall receive a warrant Penalty for not 
from his captain, or the chief officer of the compau}' or troop in which "'"s ^'^ *i"'y- 
he is inlisted, for the impressing of men, shall forthwith attend and per- 
form the same, on pain of paying a fine of five pounds. 

[Sect. 4.] And all persons are required to be aiding and assisting Penalty for 
to him in the execution of such warrant, on pain of forfeiting the sUm negiectf"°°^* 
of three pounds. 

[Sect. 5.] And if any person, authorized as aforesaid to impress any Penalty for 
soldier or soldiers for his majesty's service, shall exact or take any [i' dTsfhVrgr^' 
reward to discharge .or spare any from said service, he shall forfeit ten soldiers. 
pounds for eveiy twenty shillings he shall so exact or take, and so pro 
rata. 

[Sect. 6.] All which fines and penalties aforesaid shall be, one Disposition of 
moiety thereof unto his majesty, for and towards the support of the t'l'^fi"*^^- 
government of this province, and the other moiety to him or them that 
shall inform and sue for the same, by action, bill, plaint or information, 
in any court of record. 

And he it further enacted^ 

[Sect. 7.] That every person, liable and fit for service, being orderly Duty of persons 
impressed as aforesaid for his majesty's service, by being commanded ''"P'^'^^sed. 
in his majesty's name to attend said service, shall, by himself or other 
meet person in his room (to the acceptance of his captain or chief offi- 
cer), attend the same at time and place appointed, compleat with arms 
and ammunition, if such he have, or is able to purchase the same, on 
pain of sufl!ering six months' imprisonment, without bail or raainprize, penalty, 
to'be committed b}^ mittimus from any justice of the peace, or chief offi- 
cer of the company or troop, where no justice of the peace lives in the 
town, upon conviction before one of his majesty's justices of the peace 
of such neglect, unless such person, within the space of twent5-four 
hours next after being impressed, shall either procure some meet per- 
son, or, in default thereof, pay to his captain or chief officer, by whose 
warrant he shall be impressed, the sum of ten pounds, to be employed 
for the procuring and fitting out of a suitable person in the stead of him 
so paying the said sum, for the service for which he was impressed, if 
such other suitable person be timely to be had, otherwise to be paid to 
the selectmen of the town to which such impressed person belongs, for 
and towards procuring of arms for such persons as are unable to pur- 
chase the same for themselves, and for which such indigent soldier shall 
be answerable. 

[Sect. 8.] And if the captain or officer to whom the said sum of ten in what case 
pounds shall be paid as aforesaid b}' any person impressed, cannot g'oXmay'b^*^'' 
seasonably procure another suitable person to serve in the stead of him excused, 
that was before impressed, he shall renew his warrants as often as there 
shall be occasion, until the number sent for from him be corapleated. 
And all persons paying the said sura of ten pounds as before mentioned, 
shall be esteemed as persons that have served, and be no further or 
otherwise liable to any after impress than those that actually go forth 
in that service. 

[Sect. 9.] And all. persons lawfully irapowered to impress, may Penalty for 
pursue any person that absconds from the impress, or makes his escape, gcondinl from' 

the impress. 



146 



Peovince Laws. — 1744-45. 



[Chap. 2.] 



When the pay 
of coldiers is to 
begin. 

Penalty for 
officers exchang- 
ing solcUors for 
gain. 



Maime^ soldiers 
ami seamen to 
be relieved by 
the i)ublic. 



Soldiers to be 
furnished with 
arms. 



To allow id. 
per week for ■ 
province arms. 



Limitation. 



anfl may impress such person in any place within the province ; and if 
any person impressed as aforesaid for his majesty's service, being so duly 
returned, shall remove or go out of the province, and not attend the 
service as required, such person, at his return, shall be apprehended, by 
warrant from any justice of the peace, and be by him committed to 
prison, unless such person give sutBcient security to answer it at the 
next court of general sessions of the peace ; and upon due conviction of 
the said offence, by the oath of him that impressed him, shall suffer six 
months' imprisonment, or pay a fine of fifteen pounds, to be paid to the 
selectmen of the town where such person belonged at the time of his 
being impress'd, for purchasing arms. 

[Sect. 10.] And if any person, directly or indirectly, by counsel or 
otherwise, shall prevent the impressing, conceal any person impressed, 
or, knowingly, further his escape, such person shall pay as a fine, three 
pounds. 

And be it further enacted, 

[Sect. 11.] That all soldiers shall be in pay from the time of their 
being impressed, till they be orderly discharged, and have reasonable 
time allowed them to repair to their usual places of abode. 

[Sect. 12.] And if any captain or other chief oflflcer shall dismiss 
any soldier retained in his majesty's service, and assume another, for 
gain, such captain or other chief officer shall forfeit the sura of ten 
pounds fbr every twenty shillings he shall so exact, to be recovered and 
disposed of in manner as is before provided for the fine or penalty on 
officers neglecting to execute warrants for impressing of soklicrs. 

[Sect. 13.] And every person who hath or shall impress any 
soldiers for his majesty's service, shall transmit a list of them to the 
chief officer of the regiment or troop, particularl}' mentioning servants, 
if any such there be, and to whom they belong, that so their masters 
may receive their wages, who are hereby impowered so to do. 

And be itfurtlier enacted, 

[Sect. 14.] That all such soldiers and seamen that, from the com- 
mencement of the present war, have been, or, during the continuance 
thereof, may be, wounded in his majesty's service within this province, 
and are thereb}' maimed or otherwise disabled, shall be relieved out of 
the publick treasury, as the great and general court or assemblj^ shall 
order. 

And be it fuHher enacted, 

[Sect. 15.] That any impress'd man or men appearing at the place 
of rendezvous, being actually destitute ef arms and ammunition of his 
own, and unable to purchase the same, he or they shall be furnished out • 
of the town stock, if any there be, otherwise it shall be in the power of 
the captain or chief officer of the company or troop by whom he is im- 
press'd, to impress arms and ammunition for him or them, the value of 
which shall be paid out of the publick treasury, as the great and general 
court shall order. And every soldier thus furnished with arms, shall 
allow, out of his wages, fourpence per week for the same, and return 
such arms, or otherwise pay for the same. And if any soldier shall lose 
his arms in his majesty's service, not through his own neglect or default, 
such loss shall be born by the province. 

Provided, 

[Sect. 16.] That this act shall continue in force unto the end of the 
sessions of the general assembly, to be begun and held on the last 
Wednesday in May, which will be in the year of our Lord, one thou- 
sand seven hundred and forty-six, and no longer. \_Passed June 18 ; 
X)ublished June 23. 



[1st Sess.] Province Laavs. — 1744-45. 147 



CHAPTEE 3. 

AN ACT TO PREVENT SOLDIERS AND SEAMEN IN HIS MAJESTY'S SER- 
VICE BEING ARRESTED FOR DEBT. 

Be it enacted hy tJie Governour, Council and House of Representatives, Soidier, mari- 

[Sect. 1.] That if any person whatsoever, other than the commis- "ot'toVen'Ssted 
sarv, shall trust or give credit to any soldier, mariner, or sailor, during '^y any, except 
his being actually in his majesty's service, for cloathing or other things '^<=°'^™'''*'">' 
whatsoever, no process shall be granted or served on such soldier for 
any debt so contracted until he be dismissal the service ; and every 
writ or process granted or served contrary hereto shall be deemed and 
adjudged, ipso facto, void. And any justice of the peace within the 
county, where any such soldier or mariner is committed or restrained, 
upon "process granted for debt or pretention of debt contracted as afore- 
said, shall, upon certificate given to him from the captain or chief 
ofllcer under whose command such soldier or mariner is, setting forth 
that at the time of such debt contracted he then was and still continues 
a soldier or mariner in his majesty's pay, forthwith order his release 
from confinement and return to his duty. 

And he it further enacted, 

[Sect. 2.] That no person who is or shall be impressed, hired, or No person im. 
voluntarily inlisted into his majesty's service either by sea or land, oriDUstoa'tobe 
shall, during his continuance therein, be liable to be taken out of his f^'^^V'^o/*^'' 1^^! 

' o • 1 ^ • • 1 t'l'in £^U, unless 

majesty's service b}^ any process or execution, unless for some crimmai for crimiuai 
matter, for any sum under the value of twenty pounds bills of credit ^^^"ers. 
of the last emission, nor for any greater sum, until oath shall be made 
by the plaintiff or plaintiffs, before one of the justices of the court out 
of which the execution or process shall issue, or before two justices of 
the peace, quorum unus, in the county where the plaintiff may happen to 
be, that to his or their knowledge there is, bona fde, due from such 
person as the process or execution is desired to issue against, twenty 
pounds of the currency aforesaid at least. 
And be it further enacted, 
^ [Sect. 3.] That no person in his majesty's service shall pawn. Persons in i.is 
;^ truck, barter, or sell his arms, ammunition, or cloathing, on penalty of ™ici'^not to" sell 
^ being punished by riding the wooden horse, running the gantlet, or their arms. 
w^ other like military punishment ; and the person accepting or receiving 
\ \the same shall be compelled to restore and make good the same without 
^jjprice or redemption, and shall further (if ia his majesty's service) 
^^ suffer military punishment as aforesaid. 
^ And he it further enacted, 

[Sect. 4.] That all debts contracted for strong or spirituous liquors Soldier or mari- 
hy any soldier or mariner while in his majesty's service shall be void, "/Jsted for'^ 
and the creditor forever debarred from any process or benefit of the strong liquors. 
law for recovery of the same. 

[Sect. 5.] This act to be in force for the space of two j-ears : piro- Limitation. 
vided the present war with the French king, his allies and vassals, 
continue so long, and not otherwise, and no longer. \_Passed and 
published June 23. 



\ 



s 

? 



148 Peovince Laws. — 1744-45. [Chaps. 4, 5.] 



CHAPTEK 4. 

AN ACT FOR CHANTING THE SUM OF FOUHTEEN HUNDRED AND FORTY 
POUNDS FOR THE SUPPORT OF HIS MAJESTY'S GOVERNOUR. 

Be it enacted hy the Governour, Council and House of Representatives, 
That the sum of fourteen hundred and forty pounds in bills of credit 
of the last emission, or other bills equivalent, be and hereby is granted 
unto his most excellent majestj-, to be paid out of the publick treasury 
to his excellency William Shirley, Esq., captain-general and governour- 
in-chief in and over his majesty's province of the Massachusetts Ba}', 
for his past services, and further to enable him to manage the publick 
affairs of this province. The aforesaid sum of fourteen hundred and 
forty pounds, in bills of the last emission, or other bills of credit equiv- 
alent, shall be paid out of the next general supply bill that shall be 
hereafter agreed on and passed by this court. [^Passed June 18 ; pub- 
lished June 23. 



CHAPTEK 5. 

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF TWENTY- 
SIX THOUSAND AND THIRTY-SEVEN POUNDS TEN SHILLINGS IN BILLS 
OF CREDIT, FOR PUTTING THE PROVINCE IN A BETTER POSTURE OF 
DEFENCE, FOR DISCHARGING THE PUBLICK DEBTS, &c., AND FOR 
DRAWING IN THE SAID BILLS INTO THE TREASURY AGAIN, AND 
FOR STATING THEIR VALUE IN DISCHARGING PUBLICK DEBTS. 

Be it enacted by the Governour, Council and House of Representatives, 
£2,637 lOs. bills [Sect. 1.] That there be forthwith imprinted a certain number of 
emitted? ° ^ bills of Credit on this province of the following denominations ; viz., 
forty shillings, thirty shillings, twenty shillings, and fifteen shillings, 
which in the whole shall amount to the sum of twenty-six thousand and 
thirt5^-seven pounds ten shillings ; which bills shall be signed by a 
committee to be appointed by this court, and shall be of the following 
form : — 

No. ( ) Twenty Shillings. 

Form of the This bill of Twenty Shillings, due to the possessor thereof from the prov- 

^'^'*- ince of the Massachusetts Bay, shall be equal to two ounces thirteen penny- 

weight and eight grains of coin'd silver, troy w-eight, of sterling alloy, or 
gold coin at the rate of five pounds ten shillings and threepence per ounce, 
and shall be so accepted in all payments in the treasury, agreeable to act of 
assembly 1744. 

By order of the General Court or Assembly. 

\ Committee. 

— and so, mutatis mutandis, for a greater or less sum. 

[Sect. 2.] And the said committee are hereby impowered and 
directed to take care and make eflfectual provision, so soon as may be, to 
imprint the aforesaid sum of twenty-six thousand and thirty-seven 
pounds ten shillings, and to sign and deliver the said sum to the treas- 
urer, taking his receipt for the same ; and the said committee shall be 
under oath for the faithful performance of the trust by this act reposed 
in them. 
ftSfe wnf ^ [Sect. 3.] And the said sum of twenty-six thousand and thirty- 
iam and other scvcn pounds tcu shillings shall be issued out of the treasury in manner 



[1st Sess.] Province Laws. — 1744-45. 149 

and for the purposes following ; viz., the sum of six thousand pounds, garrisons, &c., 
part of the aforesaid sum of twenty-six thousand and thirty-seven auow'^&"^'^^ 
pounds ten shillings, shall be applied for the pa3'ment of wages that now 
are, or that hereafter may be, due bv virtue of the establishment of Castle 
William, Eichmond Fort, George's Truck-house, Saco Truck-house, 
Brunswick Fort, the province snow, and other vessels in the country's 
service, and the treasurer's usual disbursements ; and the sum of twelve £12,000 for put- 
thousand pounds, part of the aforesaid sum of twenty-six thousand and ||°^ -ufo^a"^' 
thirt3'-seven pounds ton shillings, shall bo applied for putting the prov- better posture 
ince into a better posture of defence, for subsisting and paying of the °^ <iefencc, &c. 
officers and soldiers who are or may be employed in the service of the 
province, according to the several establishments, for purchasing all , 
needful warlike stores, and for compleating the repairs of Castle William, 
and other forts and garrisons within this province, pursuant to such 
grants as are or shall be made by this court : the sum of five thousand £5,700 for pay. 
seven hundred pounds, part of the aforesaid sum of twent^'-six thousand ™^nt of grants, 
thirty-seven pounds ten shillings, shall be applied for the paj'ment of 
such other grants as are or shall be made by this court, for the payment 
of his majesty's council, for the payment of stipends, bounties and 
premiums established by law, and for the payment of all other things 
which this court have or shall, either hy law or orders, provide for the 
paj-ment of out of the publick treasur}-, and for no other purpose what- 
soever ; the sum of one thousand pounds, part of the aforesaid sum of £i,ooo for debts 
twent3'-six thousand and thirty-seven pounds ten shillings, shall be estabushment 
applied for the discharge of other debts owing, from this province, to 
persons who have served or shall serve them by order of this court, in 
such matters and things where there is no establishment, nor any certain 
sum assigned for such service ; and for paper, printing and writing for 
this court ; the expcnces of committees of council, or of the house, or of 
both houses ; entertainments of Indians, or presents made them by this 
court ; the surgeon of Castle William, and wooding of said castle ; and £^,037 io«. for 
the sum of one thousand thirty-seven pounds ten shillings, part of the Liivesr'^^'^"'" 
aforesaid sum of twenty-six thousand and thirty-seven pounds ten shil- 
lings, shall be applied for the payment of the members of the house of 
representatives serving in Uhe general court during their several sessions 
this present year. 

And ivJiereas there are sometimes publick entertainments, and, from 
time to time, contingent and unforeseen charges that demand prompt 
payment, — 

Be it further enacted, 

[Sect. 4.] That the sum of three hundred pounds, the remaining £300 for enter- 
part of the aforesaid sum of twenty-six thousand and thirty-seven tainments, &c. 
pounds ten shillings, be applied to defre}- and pa}' such entertainments 
and contingent charges, and for no other use whatsoever. 

And he it enacted, 

[Sect. 5.] That if there be a surplusage in any sum appropriated, Surplusage to 
such surplusage shall lie in the treasury for the further order of this ^^y " *''^° "®'^* 
court. 

And he it further enacted, 

[Sect. 6.] That each and every warrant for drawing money out of "Warrants to 
the treasur}', shall direct the treasurer to take the same out of such sums appropriations, 
as are respectively appropriated for the payment of such publick debt as 
the draughts are made to discharge ; and the treasurer is hereby directed 
and ordered to pay such money out of such appropriations as directed 
to, and no other, upon pain of refunding all such sum and sums as he 
shall otherwise pa}', and to keep exact and distinct accounts of all pay- 
ments made out of such appropriated sums ; and the secrctar}', to whom 
it belongs to keep the muster rolls and accounts of charge, shall lay 



150 Peovixcs Laws.— 1744-45. [Chap. 5.] 

before the house, when the}- direct, all such muster rolls and accounts, 
after payment thereof. 

And as a fund and security for drawing the said sum of twenty-six 
thousand and thirty-seven pounds ten shillings into the treasury 
again, — 

Be it further enacted, 
£4,966 13s. id. [Sect. 7.] That there be and hereby is granted unto his most excel- 
''' ^'^'^' lent majesty, for the ends and uses aforesaid, a tax of four thousand 

nine hundred sixty-six pounds thirteen shillings and fourpcnce, to be 
levied on polls, and estates both real and personal, within this province, 
according to such rules, and in such proportions, on the several towns 
and districts within the same, as shall be agreed upon and ordered by 
this court, at their present session, and paid into the publick treasury 
on or before the last day of December then next after. 

And as a further fund and securit^^ for drawing the said sum of 
twenty-six thousand and thirty-seven pounds ten shillings into the 
treasury' again, — 
Be it farther enacted, 
tliu^ ^^^' '^^' ['^^CT. 8.] That there be and hereby is granted unto his most excel- 
lent majesty, for the ends and uses aforesaid, a tax of ten thousand two 
hundred and sixty-six pounds thirteen shillings and fourpence, to be 
levied on polls, and estates both real and personal, within this province, 
according to such rules, and in such proportions, on the several towns 
and districts within the same, as shall be agreed upon and ordered by 
this court, at their session in Ma}-, one thousand seven hundred and 
forty-five, and paid into the publick treasur}^ on or before the last day 
of December then next after. 

And as a further fund and security' for drawing the said sum of 
twent3--six thousand and thirtj'-seven pounds ten shillings into the 
treasur}- again, — 
Be it further enacted, 
£9,766 13s. id. [Sect. 9.] That there be and hereby is granted unto his most excel- 
lent majest}', for the ends and uses aforesaid, a tax of nine thousand 
seven hundred and sixty-six pounds thirteen shillings and fourpcnce, to 
be levied on polls, and estates both real and'pcrsonal, w^ithin this prov- 
ince, according to such rules, and in such proportions, on the several 
towns and districts within the same, as shall be agreed upon and ordered 
b}" the great and general court or assembly', at their session in Maj^, 
one thousand seven hundred and fortj'-six, and paid into the publick 
treasury again on or before the last day of December then next after. 

And as a fund and securit}^ for drawing in such sum or sums as shall 
be paid out to the representatives of the several towns, — 
Be it enacted, 
frfwhalTp^d [^ECT. 10.] That there be and hereby is granted unto his most 
to the represent- excellent majesty, a tax of such sum or sums as shall be paid to the 
atives. several representatives as aforesaid, to be levied and assessed on the 

polls and estates of the inhabitants of the several towns, according to 
what their representatives shall so receive ; which sums shall be set on 
the towns in the next province tax. And the assessors of the said towns 
shall make their assessment for this tax, and apportion the same accord- 
ing to the rule that shall be prescribed b}' act of the general assembl}', 
for assessing the next province tax, and the constables, in their respect- 
ive districts, shall pay in the same when they pay in the province tax 
for the next year, of which the treasurer is hereby directed to keep a 
distinct and seperate account ; and if there be any surplusage, the same 
shall lie in the hands of the treasurer for the further order of this coiu-t. 



[1st Sess.] Province Laws. — 1744-45. 151 

And be it further enacted, 

[Sect. 11.] That in case the general court shall not at their sessions Tax for the 
in IMa}', in the years one thousand seven hundred and fort^'-four, one ^i^u^wu'o inf 
thousand seven hundred and fort3'-five, and one thousand seven hundred made accordina: 
and fortj'-sis:, agree and conclude upon an act apportioning the several tax act^^^'^casL? 
sums which b}' this act is engaged shall be in each of these several 
years apportioned, assessed and levied, that then and in such case each 
town and district within this province shall pay, by a tax to be levied 
on the polls, and estates both real and personal, within their districts, 
the same proportion of the said sums as the said towns and districts 
shall have been taxed by the general court in the tax act then next 
preceeding ; and the province treasurer is hereby fully impowred and 
direqjted, some time in the month of June in each of these years, one 
thousand seven hundred and fortj'-four, one thousand seven hundred 
and forty-five, and one thousand seven hundred and fort3'-six, to issue 
and send forth his warrants, directed to the selectmen or assessors of 
each town and district within this province, requiring them to assess 
the polls, and estates both real and personal, within their several towns 
and districts, for their respective part and proportion of the several 
sums before directed and engaged to be assessed by this act, and the 
assessors, as also persons assessed, shall observe, be governed b}' and 
subject to all rules and directions as shall have been given in the next 
preceeding tax act. 

And be it further enacted, 

[Sect. 12.] That the inhabitants of this province shall have liberty, Taxes to be 
if they see fit, to pay the several sums for which they respectively may, J^r^ifg" g^es*^^" 
in pursuance of this act, be assessed, in bills of credit of the form and hcrdu enumcr- 
tenor bj- this act emitted, or in bills of the last emission, or in bills of ^^'^^' 
the middle tenor, according to their several denominations, or in bills 
of the old tenor, accounting four for one ; or in coin'd silver, at seven 
shillings and sixpence per ounce, troy weight, and of sterling alloy, or 
in gold coin, proportion ably; or in merchantable hemp, flax, winter and 
Isle-of-Sable codfish, refined bar-iron, bloomery-iron, hollow iron-ware, 
Indian corn, rj-e, wheat, barlej', pork, beef, duck or canvas, whalebone, 
cordage, train-oil, beeswax, baybeny-wax, tallow, pease, sheepswool, 
or tann'd sole-leather (the aforesaid commodities being of the produce 
or manufactures of this province), at such moderate rates and prizes as 
the respective general assemblies of the 3-ears one thousand seven hun- 
dred and forty-four, one thousand seven hundred and fortj^-five, and one 
thousand seven hundred and fortj'-six shall set them at ; the several 
persons paying their taxes in an}^ of the commodities aforementioned, 
to run the risque and pay the charge of transporting the said commodi- 
ties to the province treasur}"- ; but if the aforesaid general assemblies 
shall not, at their respective sessions in May, some time before the last 
day of June, agree upon and set the aforesaid species or commodities 
at some certain prizes, that then the eldest councellor, for the time 
being, of each of those counties in the province, of which an\' one of 
the council is an inhabitant, together with the province treasurer, or 
the major part of them, be a committee, who hereby are directed and 
full}' authorized and impowcred to do it ; and in their settling the now the com- 
prizes and rating the value of those commodities, to state so much of brou'^inintotha 
them, respcctivel}', at seven shillings and sixpence as an ounce of silver treasury are to 
■will purchase at that time in the town of Boston, and so pro rata. And 
the treasurer is hereby directed to insert in the several warrants by him 
sent to the collectors of the taxes in those years, respectivel}', with the 
names of the afore-recited commodities, the several prizes and rates 
which shall be set on them, either by the general assembly or the com- 
mittee aforesaid, and direct the aforesaid collectors to receive them so. 



152 Province Laws.— 1744-45. [Chap. 6.] 

Treasurer to [Sect. IS.] And the aforesaid commodities so brouffht into the 

• eell the said •- 1,1 it 1 n ■, ^ 

commodities, trea&uiy suall, as soon as may be, be disposed of by the treasurer to 
the best advantage for so much as they will fetch in bills of credit hereby 
to be emitted, or for silver and gold, which silver and gold shall be 
delivered to the possessor of said bills in exchange for them ; that is 
to saj', one ounce of silver coin, and so gold in proportion, for seven 
shillings and sixpence, and pro rata for a greater or less sum ; and if 
any loss shall happen b}^ the sale of the aforesaid species, or by any 
unforeseen accident, such deficiency shall be made good by a tax of the 
next 3'ear following, so as fully and effectuall}' to call in the whole sum 
of twenty-six thousand thirty-seven pounds ten shillings in said bills 
hereby ordered to be emitted ; and if there be a surplusage, it shall 
remain a stock in the treasur3\ [Passed June 20 ; published June 23. 



CHAPTER 6. 

AN ACT TO PREVENT ALL TRAITEROUS CORRESPONDENCE WITH HIS 
MAJESTY'S ENEMIES. 

For preventing all traitorous correspondence with the French king or 
his subjects, or such of the Indians who are or shall be in alliance with 
him, and supplying them with warlike or other stores, — 

Be it enacted by the Governour, Council and House of Representatives, 

Correspondence [Sect. 1.] That if at any time after the publication of this act any 

Tr^mcnS^lThy pcrsou or pcrsous shall hold a correspondence with any of his majesty's 

letters or other- enemies, by letters or otherwise, whereby thev shall give them intelli- 

on^pai^n of '^'^^^^ gencc tending to their aid and comfort in carrying on the war against 

death. his majcst}', and to the damage -of his majesty's subjects or interests, 

I1O6-7, chap. 8. ^^. ^^ |.jjg benefit or advantage of the enemy ; or shall send or load, or 

transport or deliver, or cause to be sent or loaded, or transported or 

delivered unto or for the use of the said French king, or any of his 

subjects residing within his dominions, or any town or territory in his 

possession, or into or for any port or place within his said dominions, 

or within this province, or any of the neighbouring provinces or colonies, 

or on the seas adjoining thereto, unto or for the use of such of the 

Indians who are or shall be in alliance with him, or enemies to his 

majesty' and the government of this his majest^^'s province, inhabiting 

or being in any of the places aforesaid, any arms, ordnance, powder, 

bullets, shot, lead, pitch, tar, hemp, masts, cordage, iron, steel, brass, 

pewter (wrought or unwrought), saltpetre, or any sort of provisions, or 

cloathing of any kind, or any other supplies, every person or persons 

offending as aforesaid, and being thereof convicted or attainted by due 

course of law, shall be deemed, declared and adjudged to be a traitor 

or traitors, and suffer the pains of death, and also lose and forfeit as in 

cases of high treason. 

And be it further enacted, 

rcrsons not to [Sect. 2.] That if any of his majesty's subjects within this province 

theprovince^ shall, from and after the publication of this act, without licence from 

■with intent to ijis majcsty's govcmour or commander-in-chief of this his majesty's 

the kin §"8°" fc- proviuco, for the time being, by and with the consent of the council, 

death °" ^''^" "^ voluntarily go, repair or embark in any vessel or vessels, with an intent 

to go into, reside or inhabit in anj- of the dominions or territories of 

the said French king, or amongst any of the Indians who are or shall 

be in alliance with him, or enemies as aforesaid, and be upon full proof 



[1st Sess.] Peovinoe Laws. — 1744-45. ^ 153 

convicted thereof, every person or persons so offending shall be taken, 
deemed and adjudged to be a felon, and suffer the pains of death. 

And be it further enacted, 

[Sect. 3.] That where any of the offences against this act shall be offences done 
committed out of this province, or without the body of any county °,Kl°tVbe hlid'' 
within-the province, where the judges of assize and general goal deliv- as^done_in^some 
ery are directed by law to sit, every such offence may and shall be provmce?' *" 
alledged and laid to be perpetrated and done in any place and county 
within the same, and shall be accordingly inquired of and tried in such 
count}". 

And be it further enacted, 

[Sect. 4.] That all and every person or persons who shall hereafter ^^.|^°^p^j^|,Vj^ 
be accused, indicted or prosecuted for anything made or declared treason ^/ki °£? wiii. 
by this act, shall be intitled to the benefit of the act of parliament made 1;"^™ ^^^^- "^^^ ^« 
in the seventh year of the reign of King William the Third, intitled ^ ^ ^^^ ^j^^p 
"An Act for regulating trials in cases of treason and misprision of 3. 
treason." 

Provided, ahvays, — • 

[Sect. 5.] That nothing in this act contained shall be construed, in- 
tended, deemed or taken to extend to bar the necessary relief and supply 
of any French prisoners of war, or of any flag of truce, or to the supply 
of the English prisoners in French or Indian hands ; or for secret ser- 
vices made or done at all times by direction of the governor or com- 
mander-in-chief for the time being, with the advice of the council ; or 
to bar a present charitable relief to any of the enemy that by adversity 
may be cast on shoar upon this coast, for the necessary preservation of 
life, intelligence thereof to be forthwith dispatch'd to the governour. 

[Sect. 6.] This act to continue and be in force for the space of two 
years, if the war with the French king continue so long, and no longer. 
[^Passed June 26 ; published June 27. 



CHAPTER 7. 

AN ACT FOR ESTABLISHING THE WAGES, &c., OF SUNDRY PERSONS IN 
THE SERVICE OF THE PROVINCE. 

Be it enacted by the Governour, Council and House of Representatives, 

[Sect. 1.] That the wages of the captain of Castle William shall Wages of the 
be after the rate of sixty pounds per annum, from the twentieth day of ca.stie°wiiiiam. 
May, one thousand seven hundred and forty-four, to the nineteenth day 
of November, one thousand seven hundred and fort3'-foar ; of the lieu- 
tenant for that term, forty pounds ; of the chaplain, forty pounds ; of 
the gunner, fifty pounds ; of the gunner's mate, forty shillings per 
month ; of four Serjeants, each thirty shillings per month ; of six 
quarter-gunners, each thirty shillings per month ; of six corporals, 
each twent3'-six shillings and sixpence per month ; of two drummers, 
each twenty-six shillings and sixpence per month ; of one armourer, forty 
shillings per month ; of ninety-six centinels, each twont^'-two shillings 
and sixpence per month ; for their subsistence, six shillings and three- 
pence per week per man. 

Ayid be it further enacted, 

[Sect. 2.] That the wages of the captain of Richmond Fort from Richmond Fort. 
the twentieth day of May, one thousand seven hnndred and forty-four, 
to the nineteenth day of November, one thousand seven hundred and 
forty-four, shall be at the rate of forty shillings per month ; of one ser- 
20 



154 



Province Laws. — 1744-45. 



[Chap. 7.] 



Tnick-honse at 
George's River, 



Brunswick Fort. 



Trnck-hoiise at 
Baco Iliver. 



jeant, twentj'-five shillings per month ; of one corporal, twent3'-four 
shillings per month ; of one armourer, thirty shillings per month ; and 
for the chaplain, twenty-five pounds per annum ; of one interpreter, 
fifteen shillings per month, being a centinel ; and of twenty centinels, 
twenty-two shillings and sixpence per month. 

And be it further enacted, 

[Sect. 3.] That the wages of the captain of the truck-house on 
George's Iliver, from the twentieth day of May, one thousand seven hun- 
dred and forty-four, to the nineteenth day of November, one thousand 
seven hundred and fort^'-four, shall be at the rate of forty shillings per 
month ; of one lieutenant, twenty-sis shillings per month ; of one Ser- 
jeant, twenty-five shillings per month ; of two corporals, each twent}"- 
four shillings per month ; of thirty-three centinels, each twenty -two 
shillings and sixpence per month ; of one armourer, fourteen shillings 
per month, he being lieutenant ; of one interpreter, thirty shillings per 
month ; and to the chaplain there, twenty-five pounds per annum. 

And be it further enacted, 

[Sect. 4.] That the wages of the commanding officer of the fort at 
Brunswick, from the twentieth day of Ma}', one thousand seven hun- 
dred and fort3^-four, to the nineteenth day of November, one thousand 
seven hundred and fort3'-four, shall be at the rate of forty shillings per 
month ; of eleven centinels, each twenty-two shillings and sixpence per 
month ; one serjeant, at twenty-five shillings per month. 

Ajid be it further enacted, 

[Sect. 5.] That the wages of the captain of the truck-house at 
Saco, from the twentieth day of May, one thousand seven hundred and 
fort3--four, to the nineteenth day of November, one thousancl seven 
hundred and forty-four, shall be at the rate of forty shillings per month ; 
of one lieutenant, twent3'-six shillings per month ; of one corporal, 
twent3'-four shillings per month ; of one serjeant, twent3'-five shillings 
per month ; of twent}" centinels, each twent3'-two shillings and sixpence 
per month ; of one armourer, thirty shillings per month ; of one inter- 
preter, being captain, ten shillings per month. 

And be it further enacted, 

[Sect. 6.] That the wages of the commanding oflScer at Frederick 
Fort, from the twentieth day of Ma3^, one thousand seven hundred and 
forty-four, to the nineteenth day of November, one thousand seven hun- 
dred and fort3'-four, shall be at the rate of fortj' shillings per month; 
of twent3'-one centinels, each twent3^-two shillings and sixpence per 
month ; and of the chaplain there, fifteen pounds per annum. 

And be it further enacted, 
Country's sloop. [Sect. 7.] That the wages of the captain of the sloop in the coun- 
tr3''s service, from the twentieth da3^ of Ma3^, one thousand seven hun- 
dred and fort3-four, to the nineteenth day of November, one thousand 
seven hundred and fort3'-four, shall be at the rate of fifty shillings per 
month ; of the mate, thirty shillings per mouth ; of eight sailors, each 
twenty-five shillings per month ; for the sloop, seven pounds ten shil- 
lings per month. 

And be it further enacted, 

[Sect. 8.] That the wages of the captain of the province snow, 
from the twentieth da3^ of May, one thousand seven hundred and forty- 
four, to the twentieth day of November, one thousand seven hundred 
and forty-four, shall be at the rate of five pounds ten shillings per 
month ; the lieutenant, three pounds twelve shillings per month ; the 
master, three pounds two shillings per month ; the doctor, three pounds 
two shillings per month ; the chaplain, three pounds two shillings per 
month; the gunner, two pounds eighteen shillings per month; the 
boatswain, two pounds fifteen shillings per month; the mate, two 



Frederick Fort. 



Province snow. 



[1st Sess.] Province Laws. — 1744-45. 155 

pounds ten shillings per month ; the steward, two pounds five shillings 
per month; the cook, two pounds five shillings per month; the gun- 
ner's mate, two pounds five shillings per month ; the pilot, two pounds 
eighteen shillings per month ; the boatswain's mate, two pounds five 
shillings per month ; the carpenter, two pounds fifteen shillings per 
month ; the cooper, two pounds five shillings per month ; the armourer, 
two pounds five shillings per month ; the coxswain, two pounds five shil- 
lings per month ; two quartermasters, each two pounds five shillings per 
month ; eight}' sailors, or foremast men, each forty shillings per month. 

Ami be it further enacted, 

[Sect. 9.] That the wages of the captain of the brigantine, " Boston The "Boston 
Packet," now in the service of the province, from the first day of Jul}-, ^^^^^^■" 
one thousand seven hundred and fort^'-four, to the nineteenth day of 
November, one thousand seven hundred and forty-four, shall be at the 
rate of five pounds ten shillings per month ; the lieutenant, three pounds 
twelve shillings per month ; the master, three pounds two shillings per 
month ; the doctor, three pounds two shillings per month ; the gunner, 
two pounds eighteen shillings per month ; the boatswain, two pounds 
fifteen shillings per month ; the mate, two pounds ten shillings per 
month ; the steward, two pounds five shillings per month ; the cook, 
two pounds five shillings per month ; the gunner's mate, two pounds 
five shillings per month ; the pilot, two pounds eighteen shillings per 
month ; the boatswain's mate, two pounds five shillings per month ; the 
carpenter, two pounds fifteen shillings per month ; the cooper, two 
pounds five shillings per month ; the armourer, two pounds five shillings 
per month ; the coxswain, two pounds five shillings per month ; two 
quartermasters, each two pounds five shillings per mouth ; and eighty 
sailors, or foremast men, forty shillings each per month. 

And be itfurilier enacted, 

[Sect. 10.] That the wages of the captain of the sloop, "Orphan gioop "Orphan 
Techao," now in the service of the province, from the eleventh day of ^^'^^^^■'" 
June, one thousand seven hundred and forty-four, to the nineteenth day 
of November, one thousand seven hundred and fortj-four, shall be at 
the rate of five pounds ten shillings per month ; the lieutenant, three 
pounds twelve shillings per month ; the master, three pounds two shil- 
lings per month ; the doctor, three pounds two shillings per month ;■ 
the gunner, two pounds eighteen shillings per month ; the boatswain, 
two pounds fifteen shillings per mouth ; the mate, two pounds ten shil- 
lings per month ; the steward, two pounds five shillings per month ; the 
cook, two pounds five shillings per month ; the gunner's mate, two pounds 
five shillings per month ; the pilot, two pounds eighteen shillings per 
month ; the boatswain's mate, two pounds five shillings per month ; the 
carpenter, two pounds fifteen shillings per month ; the cooper, two 
pounds five shillings "per month ; the armourer, two pounds five shillings 
per month ; the coxswain, two pounds five shillings per month ; two 
quartermasters, each two pounds five shillings per month : eighty sail- 
ors, or foremast men, at forty shillings each per month. 

And be it further enacted, 

[Sect. 11.] That before payment of anj' muster-roll be allowed, oath Oath to ho made 
be made hy the officer or person presenting such roll, that the officers roik'be^iowod. 
and soldiers born on stich roll have been in actual service for the whole 
time they stand entred thereon. \_Passed June 30 ; published Jidy 5. 



156 Province Laws.— 1744-45. [Chaps. 8, 9.] 



CHAPTER 8. 

AN ACT TO REMOVE THE TRIAL OF JEREMY JUDE, SO CALLED, FROM 
THE COUNTY OF NANTUCKET TO THE COUNTY OF BARNSTABLE. 

Preamble. WoEREAS One Jeremy Jude, so called, stands committed to his maj- 

esty's goal in Edgartown, in Dukes County, for murdering one Simon 
Aaron at Sherbourn, in the island and county of Nantucket, in the 
month of January last ; and whereas the appointing a special court of 
assize, to be held by the justices of that court on said island, in this 
time of war and danger, may be very prejudicial to the interest of this 
government, — ' 

Be it enacted by the Governour, Council and House of Representatives^ 
That the trial of the said Jeremy Jude for the offence aforesaid, or 
any other capital offence he may have been guilty of, be had at Barn- 
stable, in the county of Barnstable, at the next court of assize to be 
held there in the month of July next ; and the justices of said court 
are hereby impowred to issue out all processes necessary thereto ; and 
that six grand jurors, and four petty jurors for the said trial, be of the 
inhabitants of Nantucket. [^Passed June 30 ; published Jxdy 5. 



CHAPTER 9. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF TWENTY-FIVE 
THOUSAND POUNDS, IN BILLS OF CREDIT; AND ALSO FOR APPOR- 
TIONING AND ASSESSING A FURTHER TAX OF EIGHTEEN HUNDRED 
AND SEVENTY-ONE POUNDS FOURTEEN SHILLINGS AND EIGHT- 
PENCE, IN BILLS OF CREDIT, PAID THE REPRESENTATIVES FOR 
THEIR SERVICE AND ATTENDANCE IN GENERAL COURT, AND TRAVEL; 
AS ALSO THE SUM OF ONE HUNDRED AND THIRTY POUNDS, FINES 
LAID UPON SEVERAL TOWNS FOR NOT SENDING A REPRESENTATIVE. 

1741.42, chap. 11, Whereas the great and general court or assembly of the province of 

5^^* the Massachusetts Bay, did, at their session in May, one thousand 

seven hundred and forty-one, pass an act for the levying a tax of six 

thousand six hundred and sixt3'-six pounds thirteen shillings and four- 

1742-43, chap. 3, pcucc, in bills emitted by said act ; and, at their sessions in May, one 

5 ^- thousand seven hundred and forty-two, did pass an act for the levying 

a tax of three thousand seven hundred and fifty pounds, in bills emitted 

1742-43, chap. 14, b}' Said act ; and, at their session in November, one thousand seven 

^ ^' hundred and fort^'-two, did pass an act for the levying a tax of three 

1743-44, chap. 13, tliousaiid fivc hundred pounds, in bills emitted by said act ; and, at 

§ 5- their sessions in Ma}-, one thousand seven hundred and forty -three, did 

pass an act for lev3'ing a tax of eight thousand and thirty-three pounds * 

1744-45, chap. 5, six shillings and eightpence, in bills emitted by said act ; and have this 

^^" present session pass'd an act for the levving a tax of four thousand 

nine hundred sixty-six pounds thirteen shillings and fourpence, in bills 

emitted by said act ; each of the several sums aforesaid to be assessed 

this present j'ear, — amounting in the whole to twent3--six thousand nine 

hundred and sixteen pounds thirteen shillings and fourpence ; and by 

the aforesaid acts, provision was made that the general court might, in 

the several j-ears, apportion the several sums on the several towns in 

1744-45, chap. 5, the proviucc, if they thought fit : and the assembly aforesaid have like- 

^ ^°' wise ordered that the sum of one hundred and thirty pounds, fines OD 

* This apparently an error, the amount of bills to he recalled being £8083, 6s. M. 



[1st Sess.] Province Laws.— 1744-45. 157 

several towns, and the sum of eighteen hundred seventy-one pounds 
fourteen shillings and eightpence, paid the representatives the last 
year, should be levy ed and assessed, on this present year, on the polls 
and estates of the inhabitants of the several towns, according to what 
their respective representatives have received ; wherefore^ for the order- 
ing, directing, and effectual drawing in the sum of twenty-five thousand 
pounds, pursuant to the funds and grants aforesaid, and drawing the 
said sum into the treasury, according to the appointment now agreed to 
by this court, which, with the sum of seventeen hundred eighty-six 
pounds thirteen shillings and fourpence, arising by the duties of impost, 
tunnage of shipping and excise, and the sum of one hundred and 
thirty pounds, fines laid on the several towns in and by this act men- 
tioned, will make the sum of twenty-six thousand nine hundred and 
sixteen pounds thirteen shillings and fourpence, and also for drawing 
in the sum of eighteen hundred and sevent3'-one pounds fourteen shil- 
lings and eightpence, paid the representatives ; all which is unanimously 
approved, ratified, and confirmed ; we, his majesty's most loyal and duti- 
ful subjects, the representatives in general court assembled, pi'ay that 
it maj' be enacted, — 

And he it accordingly enacted by the Governour, Council and House of 
Represe ntat ives, 

[Sect. 1.] That each town and district within this province be 
assessed and pay, as such town's and district's proportion of the sum 
of twentj'-five thousand pounds, in bills of credit, as also for the fines 
laid on them, and their representatives' pay, the several sums following ; 
that is to say, — 



158 



Peovince Laws. — 1744-45. 



[Chap. 9.] 



ICOO 



s<a 



(M CO O 



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[1st Sess.] 



Province Laws. — 1744-45. 



159 



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160 



Peovince Laws. — 1744-45. 



[Chap. 9.] 



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[1st Sess.] 



PEOvmcE Laws. — 1744-45. 



161 



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21 



a a p 3 o n oj3-^ 



162 



Peovijtce Laws. — 1744-45. 



[Chap. 9.] 



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[1st Sess.] Province Laws. — 1744-45. 



163 



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164 



Pkovince Laws. — 1744-45. 



[Chap. 9.] 



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[1st Sess.] Province Laws. — 1744-45. 



165 






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73 19 2 
48 17 1 


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78 19 2 
48 17 1 


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Sixty -two pounds five shillings and tenpence, 
Seventy-eight pounds nineteen shillings and twopence. 
Forty-eight pounds seventeen shillings and one penny, . 


£0 Os.Od. 




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166 



Province Laws. — 1744-45. 



[Chap. 9.] 





EEPRESEXTA TI VES' 


PROVINCE TAX. 


SUM TOTAL. 




PAY, AND FINES. 






Suflfolk 


£256 5s. 6^. t £6,707 \s.8d. 


£6,963 7s.2d. 


Essex, .... 


381 18 2 


'4.896 7 1 


5,278 5 3 


Middlesex,. 


452 14 6 


3,455 16 9 


3,908 11 3 


Hampshire, 


132 9 


1,310 14 7 


1,473 3 7 


Worcester, .... 


190 14 


1.508 10 9 


1,699 4 9 


Plymouth 


142 9 6 


l,9sl 17 6 


2,124 7 


Bristol, .... 


215 € 


2,390 6 3 


2,605 12 3 


Barnstable, 


99 14 


1,049 5 5 


1,148 19 5 


York 


123 9 


1,315 2 1 


1,438 11 1 


Dukes County, . 





190 2 1 


190 2 1 


Nantucket,. 


6 15 


164 15 10 


171 10 10 




£2,001 Us.8d, 


£25,000 Os.Od. 


£27,001 14s. 8d. 



And be it further enacted, 

[Sect. 2.] That the treasurer do forthwith send out his warrants, 
directed to the selectmen or assessors of each town or district within 
this province, requiring them, respective!}', to assess the sum hereby set 
upon sucli town or di'strict, in manner following ; that is to sa}-, to 
assess all rateable male polls above the age of sixteen years, at five 
shillings and threepence per poll, and proportionably in assessing the 
fines mentioned in this act, and the additional sum received out of tlje 
treasury for the paj-ment of the representatives (except the governour, 
lieutenant-governour and their families, the president, fellows and 
students of Harvard College, setled ministers and grammar school- 
masters, who are hereby exempted as well from being taxed for their 
polls, as for their estates being in their own hands and under their 
actual management and improvement) ; and other persons, if such 
there be, who, thro' age, infirmity or extream poverty, in the judg- 
ment of the assessors, are not capable to pay towards publick charges, 
they may exempt their polls, and so much of their estates as in their 
prudence they shall think fit and judge meet. 

[Sect. 3.] And the justices in the general sessions, in the respective 
counties assembled, in granting a county tax or assessment, are hereby 
ordered and directed to apportion the same on the several towns in such 
count}' in proportion to their province rate, exclusive of what has been 
paid out of the publick treasuiy to the representative of such town for 
his service ; and the assessors of each town in the province are also 
directed, in making an assessment, to govern themselves by the same 
rule ; and all estates, both real and personal, lying within the limits of 
such town or district, or next unto the same, not paj'ing elsewhere, in 
whose hands, tenure, occupation or possession soever the same is or 
shall be found, and also the incomes or profits which any person or per- 
sons, except as before excepted, do or shall receive from any trade, 
facult}', business or employment whatsoever, and all profits that shall 
or may arise by money or other estate not particularly otherwise 
assessed, or commissions of profit in their improvement, according to 
their understanding and cunning, at one penpy on the pound ; and to 
abate or multiply the same, if need be, so as to make up the sum set 
and ordered hereby for such town or district to pay ; and, in making 
their assessments, to estimate houses and lands at six j'cars' income of 
the yearly rents, in the bills last emitted, whereat the same may be 
reasonabl}'^ set or let for in the place where they lye : saving all contracts 
between landlord and tenant, and where no contract is, the landlord to 
reimburse one-half of the tax set upon such houses and lands ; and to 
estimate Indian, negro and molatto servants proportionably as other 
personal estate, according to their sound judgment and discretion : as 
also to estimate ever}' ox of four years old and upwards, at forty shil- 



[1st Sess.] Province Laws. — 1744-45. .1(J7 

lings in bills of the last emission ; every cow of three ,years old and 
upwards, at thirty shillings ; every horse and mare of three years old 
and upwards, at forty shillings ; every swine of one year old and up- 
wards, at eight shillings ; eveiy goat and sheep of one year old and 
upwards, at three shillings : likewise requiring the assessors to make a 
fair list of the said assessment, setting forth, in distinct columns, against 
each particular person's name, how much he or she is assessed at for 
polls, and how much for houses and lands, and how much for personal 
estate, and income by trade or faculty ; and the list or lists, so per- 
fected and signed by them, or the major part of them, to commit to 
the collectors, constable or constables of such town or district, and to 
return a certificate of the name or names of such collectors, constable or 
constables, together with the sum total to each of them committed, unto 
himself, some time before the last day of October. 

[Sect. 4.] And the treasurer for the time being, upon the receipt of 
such certificate, is hereby impowered and ordered to issue forth his 
warrants to the collector, constable or constables of such town or dis- 
trict, requiring him or them, respectively, to collect the whole of each 
respective sum assessed on each particular person, before the last day 
of May next ; and of the inhabitants of the town of Boston, some time 
in the month of March next ; and to pay in their collection-, and issue 
the accompts of the whole, at or before the last day of June, which 
will be in the year of our Lord one thousand seven hundred and forty- 
five. 

A7icl be it further enacted, 

[Sect. 5.] That the assessors of each town and district, respectivel}-, 
in convenient time before their making the assessment, shall give sea- 
sonable warning to the inhabitants, in a town meeting, or b)^ posting up 
notifications in some place or places in such town or district, or notify 
the inhabitants to give or bring in to the assessors true and perfect lists 
of their polls, and rateable estate, and income by trade or faculty, and 
gain by money at interest ; and if any person or persons shall neglect 
or refuse so to do, or bring in a false list, it shall be lawful to and for the 
assessors to assess such person or persons, according to their known 
ability in such town, in their sound judgment and discretion, their due 
proportion to this tax, as near as they can, agreeable to the rules 
herein given, under the penalty of twenty shillings for each person that 
shall be convicted by legal proof, in the judgment of the said assessors, 
of bringing in a false list ; the said fines to be for the use of the poor 
of such town or district where the delinquent lives, to be levied by 
warrant from the assessors, directed to the collector or constables, in 
manner as is directed for gathering town assessments, and to be paid 
in to the town treasurer or selectmen for the use aforesaid : saving to 
the party aggrieved at the judgment of the assessors in setting forth 
such fine, liberty of appeal therefrom to the court of general sessions of 
the peace within the county, for relief, as in case of being overrated. 
And if any person or persons shall not bring in a list of their estate 
as aforesaid to the assessors, he or they so neglecting shall not be 
admitted to make application to the court of sessions for au}^ abate- 
ment of the assessment laid on him. 

[Sect. 6.] And if the party be not convicted of anj^ falseness in the 
list, by him presented, of polls, rateable estate, or income by any trade 
or faculty, business or employment, which he doth or shall exercise, or 
in gain by money at interest or otherwise, or other estate not particu- 
larly assess'd, such list shall be a rule for such person's proportion to 
the tax, which the assessors may not exceed. 

And whereas there are number of English inhabitants in the planta- 



168 



Province Laws. — 1744-45. 



[Chap. 9.] 



The assessors of 
Sherburn to 
assess £25 ui)oii 
the English 
inhabitants of 
Natick. 



How to be col- 
lected and paid. 



Transient tra- 
ders to be rated. 



Tax may be 
paid in other 
species besides 
the bills emitted 



tion of Natick, in the county of Middlesex, who have not been hereto- 
fore assessed towards the paj^ment of the province tax, — 

Be it therefore enacted, 

[Sect. 7.] That the sum of twenty-five pounds, part of the said 
sum of twenty -five thousand pounds, be assessed upon the said inhabi- 
tants, and the assessors of the town of Sherbourn are hereby impowered 
and required to make the said assessment upon them, after giving season- 
able warning to the inhabitants of said plantation, in some one method 
prescribed in this act, and to follow the other directions herein ; and 
the said inhabitants are hereby also required to conform to the rules 
prescribed by this act, and subjected to the penalties of it : saving to 
them liberty of appeal, as to other inhabitants of the province ; and 
the constables or collectors of the town of Sherbourn are hereby 
enjo3'ned to levy or collect all such sums committed to them and assessed 
upon the said inhabitants, and pay the same into the province treasury. 

And forasmuch as ofttimes sundr}^ persons, not belonging to this 
province, bring considerable trade and merchandize, and by reason 
that the tax or rate of the town where they come to trade and 
traffick is finished and delivered to the constable or collector, and, 
before the next year's assessment, are gone out of the province, and 
so pay nothing towards the support of the government, tho', in the time 
of their residing there, they reap'd considerable gain by trade, and had 
the protection of the government, — 

Be it further enacted, 

[Sect. 8.] That when any such person or persons shall come and 
reside in any town of this province, and bring any merchandize, and 
trade and deal therewith, the assessors of such town are hereby impow- 
ered to rate and assess all such persons according to their circumstances, 
pursuant to the rules and directions in this act provided, tho' the 
former rate may have been finished, and the new one not perfected, as 
aforesaid. 

And be it further enacted, 

[Sect. 9.] That when any merchant, trader or factor, inhabitant of 
some one town within this province, shall transact or carry on trade 
and business in some other town in the province, the assessors of such 
town where such trade and business shall be carried on as aforesaid, be 
and hereby are impowered to rate and assess all such merchants, tra- 
ders and factors, their goods and merchandize, for carrying on such trade, 
and exercising their faculty in such town, pursuant to the rules and 
directions of this act. 

[Sect. 10.] And the constables or collectors are hereby enjoy ned 
to levy and collect all such sums committed to them, and assess'd on 
persons who are not of this province, or are inhabitants of any other 
town as aforesaid, and pay the same into the town treaisury. 

A7id be it further enacted, 

[Sect. 11.] That the inhabitants of this province shall have liberty, 
if they see fit, to pay the several sums for which they may respectively 
be assess'd at, as their proportion of the aforesaid sum of twentj'-five 
thousand pounds, one-fifth part thereof, and no more, in bills of the last 
emission, or the whole in bills of credit emitted in the years one thou- 
sand seven hundred and forty-one, one thousand seven hundred and 
fort3'-two, and one thousand seven hundred and fortj^-three, or in 
coined silver, at the rate of six shillings and eightpence per ounce, 
troy weight ; or in gold coin, at the rate of four pounds eighteen shil- 
lings per ounce ; or in bills of credit of the middle tenor, so called, 
according to their denominations ; or in bills of the old tenor, accounting 
four for one ; or in good merchantable hemp, at fourpence per pound ; 
or merchantable flax, at fivepence per pound ; or in good, merchantable, 



[1st Sess.J Province Laws. — 1744-45. 169 

Isle-of-Sable codfish, at ten shillings per quintal ; or in good refined bar- 
iron, at fifteen pounds per ton ; or bloomer3--iron, at twelve pounds per 
ton ; or in goocl, hollow iron-ware, at twelve pounds per ton ; or in good 
Indian corn, at two shillings and threepence per bushel ; or good winter 
rye, at two shillings and sixpence per bushel ; or good winter wheat, 
at three shillings per bushel ; or in good barle}', at two shillings per 
bushel ; or in good barrel pork, at two pounds per barrel ; or in barrel 
beef, at one pound five shillings per barrel ; or in duck or canvas, at 
two pounds ten shillings per bolt, each bolt to weigh fortv-three pounds ; 
or in long whalebone, at two shillings and threepence per pound ; or 
merchantable cordage, at one pound five shillings per hundred ; or in 
good train-o}'!, at one pound ten shillings per barrel ; or in good 
beeswax, at tenpence per pound ; or in baj- berry- wax, at sixpence 
per pound ; or in tryed tallow, at fourpence per pound ; or in good 
pease, at three shillings per bushel ; or in good sheepswool, at nine- 
pence per pound ; or in good, tann'd sole-leather, at fourpence per pound : 
all which aforesaid commodities shall be of the produce of this prov- 
ince, and, as soon as conveniently may be, disposed of b}^ the treas- 
urer to the best advantage, for so much as they will fetch in bills 
of credit, or for silver and gold ; and the several persons who pay their 
taxes in an}' of the commodities before mentioned, shall run the risque 
and pay the charge of transporting the same to the province treasury. 
[Sect. 12.] And if any loss shall happen by the sale of any of the 
aforesaid species, it shall be made good by a tax of the next year ; and 
if there be a surplusage, it shall remain a stock in the treasury. 
[Passed June 30. 

22 



170 



Peovince Laws.— 1744-45. [Chap. 10.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON THE Ninth day of August, A. D. 1744. 



CHAPTER 10. 



Preamble. 



Two companies 
for Castle Will- 
iam to be taken 
out of the towns 
of Weymouth 
and Charles- 
town. 



Fine for non- 
attendance. 



Subsistence to 
be allowed dur- 
ing attendance. 



AN ACT FOR ENLISTING INTO HIS MAJESTY'S SERVICE A NUMBER OF 
THE INHABITANTS OF THE TOWNS OF WEYMOUTH AND CHARLES- 
TOWN, SO AS TO MAKE TWO INDEPENDENT COMPANIES OF SIXTY 
MEN EACH, EXCLUSIVE OF OFFICERS, FOR THE DEFENCE OF CASTLE 
WILLIAM, AS OCCASION SHALL REQUIRE. 

Whereas the safety of this province in a great measure depends on 
the strength of his majesty's Castle William, and it being necessary 
that a sufficient number of men skilful in the management of the great 
artillery, should be always ready there, — 

Be it therefore enacted by the Governour, Council and House of 
Representatives, 

[Sect. 1.] That such of the inhabitants of the said towns of 
Weymouth and Charlestown, who are by law subject to common mus- 
ters and military exercises there, not exceeding fifty years of age, as 
are willing to be enlisted into the service aforesaid, shall be enlisted, 
not exceeding the number of one hundred and twenty in the whole, 
under such officers as the captain-general shall commissionate, who 
shall repair to Castle William eight da3's in each 3'ear, in such months 
as the captain-general shall order, and shall on the said da^^s be, by 
the gunner and quarter-gunners, exercised in the mounting, dismount- 
ing, levelling, traversing and firing the great guns, and shall be obliged 
hereunto, and the observance of such orders as shall be given them in 
this exercise, under the like pains and penalties that soldiers are under 
to obey their officers iix said castle in time of service. 

And he it further enacted, 

[Sect. 2.] That if any of the men enlisted as aforesaid shall neg- 
lect, absent, or refuse to attend at time and place for the exercise of the 
great artillery as aforesaid, being thereof notified and warned to appear, 
for every such day's neglect such soldier shall paj' to the clerk of the 
compan}^, for the use thereof, the sum of five shillings. 

And he it further enacted, * 

[Sect. 3.] That such officers and soldiers be allowed subsistence, as 
the officers and soldiers have, during their service at said castle. 

And for the encouragement of the said men enlisted and exercised 
as aforesaid, and that they may be expert in the management of the 
great artillery, — 



[2d Sess.] Province Laws. — 1744-45. 171 

Be it further enacted, 

[Sect. 4.] That all and every man shall be excused from all other soidiers to be 
military service, and from all impresses into other service that other oSw^'dutie^ 
soldiers by law are liable to. 

And he it farther enacted, 

[Sect. 5.] That upon any alarm at Castle William, all the men Penalty for not 
enlisted by virtue of this act shall forthwith appear compleat with their afaS"^ ''^ 
arms and ammunition according to law, at the said Castle William, 
there to attend and follow such commands as shall be given for his 
majesty's service, and that on the penalty of paying five pounds each 
man, for non-attendance as aforesaid, to the clerk of the said company 
for the use thereof; the said fines to be recovered before any justice of 
the peace or court proper to hear and try the same. 

[Sect. 6.] This act to continue and be in force until January Limitation, 
seventeenth, one thousand seven hundred and forty-five, and no longer. 
\_Passed and published August 18. 



CHAPTER 11. 



AN ACT FOR PUNISHING OF OFFICERS OR SOLDIERS WHO SHALL MU- 
TINY, OR DESERT HIS MAJESTY'S SERVICE. 

Whereas the raising and levying of forces is necessary in time of Preamble. 
actual war, or common danger by insurrection or rebellion, for the 
safety and defence of this province, and of his majesty's subjects and 
interests therein, and in the neighbouring provinces or colonies ; and 
whereas no man may be forejudged of life or limb, or subjected to any 
kind of punishment by martial law, or in any other manner than by the 
judgment of his peers, and according to the known and established 
laws of the province ; yet, nevertheless, it being requisite for retaining 
such forces as shall be raised for his majesty's service, on occasion as 
before mentioned, in their duty, that an exact discipline be observed, 
and that soldiers who shall mutiny or stir up sedition, or shall desert 
his majesty's service, be brought to a more exemplary and speed}' pun- 
ishment than the usual forms of law will allow, — 

Be it therefore enacted by the Governour, Council and House of Repre- 
sentatives, 

[Sect. 1.] That every person that shall be in his majesty's service, ^^^^^^1^°'' 
being mustered and in pay as an officer or soldier, who shall at any desertion. 
time during the continuance of this act, excite, cause or join in any 
mutiny or sedition in the arm}^, company, fortress or garrison whereto 
such officer or soldier belongs, or sliall desert his majesty's service in 
the arm}', company, fortress or garrison, shall sufi'er death or such other 
punishment as by a court-martial shall be inflicted. 
And he it further enacted, 

[Sect. 2.] That the captain-general or commander-in-chief of this ^°^g*^;JJJe^''^^ 
province, for the time being, may, by virtue of this act, and during the 
continuance thereof, have full power and authority, by and with the 
advice and consent of the council, to grant commission to any colonel or 
other field-ofl3cer in his majesty's service and under pay, from time to 
time, to call and assemble courts-martial for punishing such ofiences as 
aforesaid. 

And he it further enacted, 

[Sect. 3.] That no court-martial, which shall have power to inflict (j['J'^^'J'*J°^^f 
any punishment, by virtue of this act, for any of the offences aforesaid, 



172 



Province Laws. — 1744-45. [Chap. 12.] 



Method of the 
court's proceud- 
iugs. 



Proviso. 



Limitation. 



shall consist of fewer than eleven, whereof none to be under the degree 
of a commission-officer, and the president of such court-martial not to 
be under the degree of a field-officer, or the then commander-in-chief of 
the forces under pa}', where the offender is to be tried ; and that such 
court-martial shall have power and authority to summon evidences, and 
to administer an oath to any witness, in order to the examination or 
trial of the offences aforesaid. 

And be it further enacted^ 

[Sect. 4.] That in all trials of offenders b}^ courts-martial, to be 
held b}'' virtue of this act, where the offence may be punished b}^ death, 
every officer present at such trial, before an}' proceeding be had there- 
upon, shall take an oath before the court, and a justice of the peace, if 
any such be there present ; otherwise the president of such court, being 
first sworn by two of the other members thereof, shall administer the 
oath unto the others ; and the president of such court, and any two 
other members thereof, are hereby respectively authorized to administer 
the same in these words ; that is to sa}-, — 

You shall well and truly try and determine, according to your evidence, 
the matter now before you, between our sovereign lord the king, and the 
prisoner to be tried. So help you God. 

[Sect. 5.] And no sentence of death shall be given against any 
oflender in such case b}' any court-martial, unless nine of the eleven 
officers present shall concur therein ; and if there be a greater number of 
officers present, then the judgment shall pass by the.concurrence of the 
greater part of them so sworn, provided such major part shall not be 
less than nine ; nor shall any sentence of death pass'd by courts-martial, 
by virtue of this act, upon any offender, be put in execution, until report 
be made of the whole matter, by the president of such court, unto the 
captain-general or commander-in-chief of this province, for the time 
being, in order to receive his directions therein ; and the prisoner shall 
be kept in safe custody in the mean time, and the provost-marshal shall 
have a warrant, signed by the president of the court, to cause execution 
to be done according to sentence, before the same be executed. 

Provided always, — 

[Sect. 6.] That nothing in this act contained shall extend, or be 
construed, to exempt any officer or soldier whatsoever from the ordinar}^ 
process of law. 

[Sect. 7.] This act to continue and be in force for the space of two 
years from the publication thereof, in case the war with France continue 
so long, or otherwise to the end of the said war, and no longer. 
\_Passed August 18 ; published August 30. 



CHAPTER 12. 

AN ACT IN FURTHER ADDITION TO AND EXPLANATION OF THE ACT 
FOR THE MORE SPEEDY FINISHING OF THE LAND-BANK OR MANU- 
FACTORY SCHEME. 



Preamble. Whereas In and by an act passed in the seventeenth year of his 

1743-44, chap. 17. present majesty's reign, intituled " An Act for the more speedy finish- 
ing of the Land-bank or Manufactory Scheme," it is provided that the 
commissioners therein named should make a report of their proceed- 
ings, in the execution of their trust, to this court at their present session, 
for their approbation and allowance or disallowance thereof, either in 



[2d Sess.] Peovince Laws. — 1744-45. 173 

whole or in part, and that any of the late directors and partners of the 
late Land-bank or Manufactory Company who should think himself 
aggrieved by the proceedings of the said commissioners, might file his 
appeal from their determination to the court, in the secretary's office, at 
any time before the present session thereof ; and whereas the affairs of 
the said late company have been since found to be so circumstanced 
that an assessment on all the late directors and partners for their 
respective proportions of the whole of the charge and loss that has 
arisen on said scheme and trade could not be made before the present 
session of this court ; but the said commissioners have, during the 
present session thereof, assessed such of the delinquent partners in said 
scheme as have paid no part of what is due from them to the said late 
company, nor have otherwise redeemed any part of the bills which they 
borrowed and received of the said late company in divers sums of 
mone}^ consisting of the principal sums b}' the said delinquent part- 
ners respectively received from the said late company in Land-bank or 
Manufactory bills, and the interest due thereon, together with the fur- 
ther sums of six pounds on every hundred of the original sum drawn 
out of the said late company's stock, or borrowed out of the same by 
such of the said assessed partners as were concerned in trade, and three 
pounds on the hundred as the proportion of the other assessed part- 
ners, and pro rata for any greater or less sum ; and have made a report 
of their said proceedings to this court, which report is dated sixteenth 
of August, one thousand seven hundred and fortj'-four ; but inasmuch as 
the parties so assessed have had no opportunity, in case they should 
think themselves aggrieved by the said proceedings, of filing their 
appeal from the aforesaid determination of the said commissioners to 
this court, at their present session, as in and by the before, in part, 
recited act it is provided they should have liberty to do, — 

Be it therefoi'e enacted by the Governour, Council and House of Rep- 
resentatives, 

[Sect. 1.] That the said partners of the said late Manufactory Appeal allowed 
Company, who have been assessed by the said commissioners in manner of the Land ^'^^ 
aforesaid, and every of them, shall have liberty, in case they or any of bank to the 
them shall think themselves aggrieved by the beforementioned deter- from^te'^com! 
mination and assessment, to appeal from the same to this court at their raissioners' 
next session, provided they shall file such appeal or appeals in the ^ ®''™"*^ """• 
secretarj^'s oflSce on or before the seventh day of September next ensu- 
ing ; and such appeals, and the matters arising thereon, shall be wholly 
governed, tried and determined by the rules prescribed touching appeals 
by the said, in part, recited act. And the aforesaid proceedings of the 
said commissioners, and every part thereof, are hereby declared to be 
allowed and approved of by this court against such of the partners 
assessed as aforesaid, who shall not file their appeals from the same as 
aforesaid within the term herein before limitted for that purpose ; and 
such of the said partners shall be chargeable to pay to the said com- 
missioners the respective sum or sums assessed upon them ; and on 
neglect of payment thereof, the said commissioners may, in their own 
names, raise, sue for, and recover the same in such manner as in and 
by the said former act is provided. 

Provided nevertheless, 

[Sect. 2.] That the said commissioners shall give notice to the late commissfoners 
partners of the late Manufactory Company by them assessed as aforesaid, Jhefr''as"e°"^'' °*^ 
of the several beforemention'd assessments, by causing a list or schedule mfnts in the 
of the same, together with a copy of this act, to be inserted in the four paper"."^"^^' 
weekly prints, called, the "Boston Weekly Postboy," the "Boston 
Evening Post," the " Boston Gazette, or Weekly Journal," and the 



174 



Province Laws. — 1744-45. [Chap. 12.] 



Preamble. 



Commissioners 
to make divers 
assessments if 
they judge fit. 



Appeal to be 
allowed from 
them. 



Assessment to 
be lodged in the 
commissioners' 
chamber. 



Directors and 
partners charge- 
able to pay the 
sums assessed. 



Commissioners 
empowered to 



Copies of assess- 
ments to be 
delivered out of 
the secretary's 
oflS.ce. 

Preamble. 



" Boston "Weekly News-Letter," which shall be next published after the 
publication of this act. 

And whereas the affairs of the said late company are under such cir- 
cumstances that the same cannot be adjusted and finished in an equita- 
ble manner by one single assessment, but divers assessments by the said 
commissioners on the late directors and partners of the said late com- 
pany, and divers reports of their proceedings to this court, are requisite 
for that purpose, — 

Be it further enacted, 

[Sect. 3.] That the said commissioners, or any two of them, shall 
and may, from time to time, until the affairs of the said late company 
be wholly settled and finished, as often as there shall be occasion, make 
such assessments on ixwy of the said late directors and partners as they 
shall judge necessary for finishing the said Land-bank or Manufactory 
Scheme in the most equitable manner, pursuant to the directions of the 
said, in part, recited act ; and upon eveiy such assessment's being made, 
the said commissioners shall give the parties thereby assessed, notice 
thereof, by causing lists or schedules of such assessments to be inserted 
in the beforemention'd weekly prints, which shall be next published 
after the making the said assessment ; and that any of the said late 
directors or partners, who shall think himself aggrieved by any such 
determination and assessment, to be made by the said commissioners, 
may, at any time within fourteen days next after, notice thereof being 
published in the four beforemention'd weekly prints, file his appeal 
from the same to this court, in the secretary's office ; and all such ap- 
peals, and the matters arising thereon, shall be wholly governed, tried 
and determined by the rules prescribed touching appeals by the said, in 
part, recited act. 

And he it further enacted, 

[Sect. 4.] That every further assessment made by the said commis- 
sioners, shall remain in the chamber of the court-house in Boston, 
wherein the said commissioners usually meet for the execution of their 
trust, until the expiration of the said fourteen days hereinbefore limited 
for the filing of appeals, ready for the inspection of such of the parties 
therein assessed as shall desire the same, and copies thereof, attested 
by the clerk of the said commissioners, shall be delivered to them upon 
their request, and at their proper charge ; and that the said commission- 
ers shall make report of their proceedings in every such assessment, to 
this court, as soon afterwards as may be, for their approbation and 
allowance or disallowance thereof, in whole or in part ; and each and 
every of the said late directors and partners shall be chargeable to pay 
to the said commissioners the sum or sums in which he or they shall be 
from time to time assessed by the said commissioners, with the approba- 
tion of this court ; and on neglect of paj' ment thereof, the said commis- 
sioners ma3^,in their own names, raise, sue for, and recover the same in 
such manner as by the said former act is provided. 

And he it further enacted, 

[Sect. 5.] That attested copies of the assessment hereinbefore 
mentioned to be already made by the said commissioners, shall be 
delivered out of the secretary's office to any of the parties therein 
assessed, upon their request, and at their proper charge. 

And whereas in and by the before-mentioned act, the said commis- 
sioners are obliged to sit three days in a week for the dispatch of the 
affairs of said scheme, until the same shall be finished ; and whereas 
their attendance for so great a part of the week may not be necessary 
after they shall have made their next assessment, and reported the 
same, — 



[2d Sess.] Peovince Laws. — 1744-45. 175 

Be it therefore enacted, 

[Sect. 6.] That the said commissioners shall not be obliged, after Commissioners 
they shall have presented their next assessment on the aforesaid Manu- gi^*mor«fthan' 
factory Company to this court, for their allowance, to sit more than one ono day in the 
day in a week, unless when they shall judge that the affairs of said ^^^ ' 
company shall require more frequent attendance. [Passed August 18. 



17G Peovince Laws.— 1744-45. [Chap. 13.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Tenth day of October, A. D. 1744. 



CHAPTER 13. 

AN ACT FOR ESTABLISHING AND REGULATING FEES WITHIN THIS 

PROVINCE. 

Preamble. Whereas some services of a public nature have no fees stated by 

1692-93, chap. 37. law, and others which have been established by two acts, made in the 
iTms'^chap.s. fourth and thirteenth years of King William the Third, by reason of 
the alteration of circumstances, are become unequal, — 

Be it therefore enacted by the Governour, Council and House of Repre- 
sentatives, 
Rates of fees for [Sect. 1.] That from and after the publication of this act, the 
officers. following fees in bills of credit emitted for the supply of the treasury 

in the j-ear one thousand seven hundred and forty-one, or in other 
province bills, or gold or silver in proportion, at the choice of the 
payer, may be taken for the future ; viz., — 

JUSTICE'S FEES. 

For granting a writ, summons or original summons, sixpence. 

Subpoena, for each witness, one penny halfpenny. 

Entring an action or complaint, one shilling and sixpence. 

Writ of execution, one shilling. 

Filing papers, each, one penny. 

Taxing a bill of cost, threepence. 

Entring up judgment in civil or criminal cases, ninepence. 

Bond for appeal, sixpence. 

Copy of every evidence, original papers or records, sixpence per page 

for each page of twenty-eight lines, eight words in a line : if 

less than a page, threepence. 
Each recognizance, one shilling. 
Confessing judgment, sixpence. 
Taking affidavits out of their own courts in order to the trial of any 

cause, one shilling, — 
in other cases, together with certificate, examining and entry, six- 
pence, — 
in perpetuam, to each justice, one shilling. 
Acknowledging an instrument with one or more seals, provided it be 

done at one and the same time, one shilling. 
A warrant, sixpence. 
Each day's attendance at the sessions, to be paid out of the fines, two 

shillings. 
Allowance to the party for whom costs shall be taxed, one shilling per 

day, ten miles' travel to be accounted one day. 



[3d Sess.] Peovince Laws.— 1744-45. 177 

For -ttitucsses in civil causes, one shilling and sixpence per da}-, and 

ten miles' travel to be accounted a day. 
For granting a warrant, swearing apprizers relating to strays, and 

entring the same, one shilling and sixpence. 

CORONER'S FEES. 

For serving a writ, summons or execution, and travelling fees, the same 

as by this act is hereafter allowed to sheriffs. 
Bail bond, sixpence. 

Every trial where the sheriff is concerned, ninepence. 
Taking an inquisition, to 'be paid out of the deceased's estate, six 

shillings and eightpence ; if for more than one at the same time, 

ten shillings in the whole ; if no estate, then to be paid by the 

county treasurer, three shillings and fourpence, — and for more 

than one, five shillings. 
For travelling and expences for taking an inquisition, each day, six 

shillings. 
The foreman of the jury, three shillings ; and, ten miles accounted a 

day's travel, one shilling per day ; — 
ever}'^ other juror, two shillings and sixpence, and travel the same as 

the foreman. 

JUDGE OF PROBATE AND REGISTER'S FEES. 

For granting administration or guardianship, bonds, and letters of 

administration or guardianship, — 
to the judge, two shillings. 
To the register for writing bond of administration or guardianship, one 

shilling and ninepence. 
for writing letters of administration or letters of guardianship, one 

shilling and sixpence. 
For granting guardianship of divers minors to the same person and at 

the same time : to the judge, for each minor, one shilling ; to 

the register, for each letter of guardianship and bond, as before. 
Proving a will or codicil ; one shilling and ninepence to the judge, and 

one shilling and threepence to the register. 
Recording a will, letter of administration or guardianship, inventor}^ or 

account, of one page, and filing the same, one shilling and 

threepence, 
for every page more, of twenty-eight lines, of eight words in a line, 

ninepence. 
For a copy of a will or inventor}^, the same for each page, as before. 
Allowing accounts, two shillings and sixpence ; decree for settling of 
- intestate estates : to the judge, two shillings and sixpence, — 
to the register, for examining such accounts, one shilling. 
A citation : to the register, ninepence. 

A quietus : to the judge, one shilling ; to the register, one shilling. 
Warrant or commission for apprizing or dividing estates ; one shilling to 

the judge, one shilling to the register. 
Making out commission to receive and examine the claims of creditors 

to insolvent estates ; to the judge, one shilling, and to the register, 

one shilling : for recording the same, one shilling and threepence. 
Registring the commissioner's report, each page, ninepence, as above. 
Making out and entring an order among the administrators for the dis- 
tribution of the estate, one shilling. 
For proportioning such estate upon the creditors, agreable to the 

commissioners' return, when the estate exceeds not fifty pounds ; 

to the register, two shillings, and above that sum, three shillings. 
For recording the same, ninepence per page, as before. 
23 



178 Province Laws.— 1744-45. [Chap. 13.] 

IN THE SUPERIOUR COURT. 

justice's fees. 

Entring an action, five shillings. 

Taking special bail, one shilling. 

Allowing a writ of error, one shilling and sixpence. 

Allowing an habeas corpus, one shilling. 

Taxing a bill of cost, sixpence. 

Attorney's fee, to be allowed in the bill of cost taxed, six shillings. 

Granting libert}'- for the sale or partition of real estates, two shillings. 

On receiving each petition, one shilling. 

clerk's fees. 

On entring an action, one shilling. 

A writ of scire facias, one shilling and sixpence. 

A writ of review, two shillings and sixpence ; — 

if more than one page, ninepence per page, as before. 
Entring a rale of court, sixpence. 
Filing a declaration, sixpeiice. 
Entring appearance, threepence. 
Signing a judgment b}' default, sixpence. 
Receiving and recording a verdict, sixpence. 

Copies of all records, each page, of twent^'-eight lines, eight words in a 
line, ninepence ; — 

if less than one page, sixpence. 
Every action withdrawn or nonsuit, sixpence.. 
Every petition read, sixpence ; — 

order thereon, sixpence. 
Filing the papers of each cause, one penny per paper. 
Ever}' execution, one shilling. 
Writ of habeas corpus, two shillings. 
Drawing bail bond, one shilling. 
Confessing jadgment, one shilling. 

Acknowledging satisfaction of a judgment on record, sixpence. 
Examining each bill of cost, sixpence. 

Continuing ench cause, and entring the next term, sixpence. 
Entring up judgment and copying the same, one shilling. 
To each venire, to be paid out of the county treasuries, respective!}^, by 

order from an}^ three of the justices of said court, threepence. 

IN THE INFERIOUR COURT OF COMMON PLEAS, AND 
COURT OF GENERAL SESSIONS. 

justice's fees. 

Entry of ever}^ action, four shillings. 
Taxing a bill of cost, sixpence. 

Attorney's fee, to be allowed in the bill of cost taxed, five shillings. 
Taking the recognizance on appeals, sixpence. 
Each recognizance in granting licences, one shilling. 
Proving each deed, two shillings. 

Granting every licence for publick entertainment or retailing, one 
shilling. 

clerk's fees. 

Every action entred, one shilling. 
Every writ and seal, sixpence. 
Every appearance, threepence. 
Entring and rendring a verdict, sixpence. 



[3d Sess.] Pkovince Laws.— 1744-45. 179 

Recording a judgment, one shilling. 

Copies of all records, each page, as before, uinepence. ; 

Every action Avithdrawn or nonsuit, sixpence. 

Ever}" execution, one shilling. 

Taking special bail, one shilling ; confessing judgment, or default, six- 
pence. 

Acknowledging satisfaction of a judgment on record, sixpence. 

Writ of habeas corpus, two shillings. 

Continuing each cause and entry at the next court, sixpence. 

Eutring up judgment, and copying, one shilling. 

Examining each bill of cost, sixpence. 

Each recognizance, one shilling. 

Each venire, to be paid out of the county treasuries, respectively, by 
order of court, threepence. 

Writ of facias habere ijossessionem, two shillings. 

Filing each paper, one penn3\ 

CLERK OF THE SESSIONS' FEES. 

Entring a complaint or indictment, one shilling. 

Discharging a recognizance, sixpence. 

Each warrant against criminals, sixpence. 

Every summons or subpoena, twopence. 

Every recognizance for the peace or good behaviour, one shilling. 

Granting every licence for publick entertainment or retailing, one 
shilling. 

For each recognizance, one shilling. 

Entring up judgment, or entring satisfaction of judgment on record, and 
copying, one shilling. 

Warrant for county tax, sixpence. 

For minuting the receipt of each petition and order thereon, and record- 
ing, ninepence per page, as before. 

Examining and casting the grand jur^-'s account j-early, and order 
thereon, to be paid by the county treasurer b}' order of the court 
of sessions, one shilling and sixpence. 

For copies of all original papers or records, ninepence per page, as befoVe. 

For filing each paper, one penn3% 

SHERIFF'S OB CONSTABLE'S FEES. 

For serving an original summons, one shilling. 

Every capias or attachment in civil, or warrants iil criminal, cases for 
trial, one shilling ; and for travel out and to return the writ 
(the travel to be certified on the back of the writ or original 
suipmons), one penny halfpenny per mile. 

Serving execution in personal action, if twenty pounds or under, one 
shilling per pound ; for all others not exceeding forty pounds, 
twelvepence per pound for twenty pounds thereof, and sixpence 
per pound for the remaining part ; for all others not exceeding 
one hundred pounds, for forty pounds thereof, as for an execution 
not exceeding forty pounds, and for the remaining part, fourpence 
per pound ; and all others above one hundred pounds, for one 
hundred pounds thereof, as for an execution not exceeding one 
hundred pounds, and for the remaining part, twopence per pound. 

For travel out, and to return the execution, twopence per mile ; all travel 
to be accounted from the court-house in each shire town in each 
county, except for justices' writs, the travel for which to be 
accounted from the place from whence the writ issues. 



180 Peovince Laws.— 1744-45. [Chap. 13.] 

For giving liveiy and seizin of real estates, seven shillings and sixpence, 
travel as before : if of different parcels of land, five shillings 
each. 

EveTy trial, sixpence. 

Every default, threepence. 

A bail bond, sixpence. 

Ever}^ precept for the choice of representatives, one shilling, to be paid 
out of the county treasuries, respectively. 

To the officer attending the grand jury, each day, one shilling and six- 
pence. 

CBYEB'S FEES. 

Calling the jury, threepence. 

A default or nonsuit, sixpence. 

A verdict, sixpence. 

A judgment affirmed on a complaint, sixpence. 

GOALEE'S FEES. 

For turning the key on each prisoner committed, two shillings and six- 
pence ; viz., one shilling and threepence in, and one shilling and 
threepence out. 

For dieting each person, three shillings per week. 

MESSENGER OF THE HOUSE OF REPRESENTATIVES' FEES. 

For serving every warrant from the house of representatives, which 

thc}^ may grant for arresting, imprisoning, or taking into custody 

any person, one shilling and sixpence. 
For travel, each mile out, twopence per mile. 
For keeping and providing food for such person, each day, two shillings 

and sixpence. 
For his discharge or dismission, one shilling and sixpence, to be paid as 

by law already provided. 

GRAND JUROR'S FEES. 

Foreman, per day, two shillings. 

Each other juror, one shilling and sixpence. 

PETIT JUROR'S FEES. 

To the foreman, in every case at the superiour court, one shilling and 

threepence. 
To every other juror, one shilling. 
To the foreman, in every case at the inferiour court or sessions, one 

shilling. 
To every other juror, ninepence. ^ 

FOR MARRIAGES. 

For each marriage, to the minister or justice officiating, two shillings 
and sixpence. 

For recording it ; to the town clerk, to be paid by the justice or minis- 
ter, sixpence ; and to the clerk of the sessions, to be paid by the 
town clerk, threepence. 

To the town clerk, for ever^^ publishment of the banns of matrimony, 
and entring thereof, one shilling. 

Every certificate of such publishment, ninepence. 

Recording births and deaths, each, fourpence. 

For a certificate of the birth or death of any person, threepence. 

For ever}^ search of record, when no copy is required, threepence. 



[3d. Sess.] Province Laws. — 1744-45. 181 

county register's fees. 

For entring or recording any deed, convej'ance or mortgage, for the first 
page, ninepence ; and sixpence a page for so many pages.more as 
it shall contain, accounting after the rate of twenty-eight lines, of ■ 
eight words to a line, to each page, and proportionably for so much 
more as shall be under a page, and threepence for his attestation 
on the original, of the time, book and folio where it is recorded, 
and for [a] discharge of a mortgage, as aforesaid, sixpence. 

GOVERNOUR'S AND SECRETARY'S FEES. 

For registers : to the governour, five shillings ; to the secretar}', two 

shillings and sixpence. 
For certificates under the province seal : to the governour, five shillings ; 

to the secretary,- two shillings and sixpence. 
For warrants of ap[)rizement, survey, &c. : to the governour, three 

shillings ; to the secretary, three shillings. 
To the governour, for a pass to the castle, for each vessel, one shilling 

and threepence : wood-sloops and other coasting vessels for 

which passes have not been usually required, excepted. 
For a certificate of naval stores, in the whole, five shillings. 
And be it further enacted, 

[Sect. 2.] That if any of the officers aforesaid shall demand and Penalty for 
take any greater or other fees for the matters before mentioned, or any fees."^ excessive 
of them, than are allowed to be demanded and taken by this act, and 
shall be thereof convict, they shall forfeit and pay for each otfence the 
sum of ten pounds, to be applied, the one moiety thereof for and 
towards the support of this government, and the other moiet}' to him 
or them that shall sue for the same ; to be recovered by action, bill, 
plaint or information, in any court of record proper to try the same. 
And all officers to whom any warrant, summons, capias or attachment 
shall be committed, and who shall receive fees for the service thereof, 
are hereby required, without unnecessar}' dela}', to serve and execute 
the same, on forfeiture of ten pounds, to be recovered and applied as 
aforesaid, besides making good such dammage as the party may sustain 
by such delay : provided^ in civil causes, the fees for travel and service 
be first tendred and paid if required by such officers. 

[Sect. 3.] This act to continue and be in force for the space of Limitation. 
one 3'ear from the publication thereof, and from thence to. the end of 
the next session of the general court, and no longer. \_Passed October 
26 ; published October 31. 



CHAPTEE 14. 

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS OF THIS 
PROVINCE IN THIS ACT MENTIONED, EXPIRED OR NEAR EXPIRING. 

Whereas an act was made and pass'd in the twelfth 3'ear of his Preamble. 
present majesty's reign, [e][i]ntitled "An Act to prevent the unneces- 1738-39, chap. 25. 
sary journeying of the members of the general court" ; and also an 
act was made and pass'd in the thirteenth year of his said'majest}", 
[e][/]ntitled " An Act in addition to an act [e][i]ntitled ' An Act for 1739.40, chap. 3. 
the better preservation and increase of deer within this province ' " ; and 
also another act was made and pass'd in the same year, [e] [«] ntitled 
" An Act for the effectual preventing of horses, neat cattle, sheep and 1739-40, chap. 8. 
swine from running at large or feeding upon a certain island called 



182 



Province Laws. — 1744-45. [Chap. 15.] 



1739.40, chap. 12. Plumb Island, ]3ing in Ipswich Bay, in the county of Essex " ; and 
another act was made and pass'd in "the same year, [e][i]ntitled " An 
Act in addition to the several laws of this province relating to common 

1741-42, chap. 6. I'oads and private wa^-s" ; and another act was made and pass'd in the 
fifteenth year of his present majest}^, [e][t]ntitled "An Act for the 
rel[oi][/e]f of poor prisoners for debt"; all which several laws are 
expir[e]d, or will expire at the end of the present session of the gen- 
eral court ; 'and ivhereas the afores[a;]'^ laws have by experience been 
found beneficial and necessary for the several purposes for which they 
were pass'd, — 

Be it therefore enacted by the Governour, Council and House of Bepre- 
senfatives. 

That all and every of the aforesaid acts, and every matter and clause 
therein contained, be and hereby are revived, and shall continue and 
remain in full force until [1] the last day of October, which will be in 
the year one thousand seven hundred and fifty-one, and to the end of 
the session of the general court then next after. Passed October 26 ; 
2niblished October 31. 



Several acts 
continued or 
revived. 



CHAPTEE 15. 

AN ACT FOE, APPROPRIATING A PART OF THE ISLAND CALLED GOV- 
ERNOUR'S ISLAND, IN THE HARBOUR OF BOSTON, TO THE PUBLIC 
USE OF THIS GOVERNMENT, 



Preamble. WnEREAS it has been represented by the captain-general, and it 

appears to this court, that it is of great importance to the safety of 
this his majesty's province, tliat two batteries, with a suitable number 
of cannon to be planted thereon, be, without delay, built and erected 
on the island called Governour's Island, situate and l^ing in Boston 
harbour, and easterly of his majesty's Castle William, which island is 
now the property and in the possession of Mrs. Amie Winthrop, of 
said Boston, in the count}'- of Suifolk, widow, and after her decease is, 
by the indenture of Adam Winthrop, of Boston, merchant, of the one 
part, and John Wainwright, of Ipswich, Esq., on the other part, bear- 
ing date the twenty-seventh da}^ of December, one thousand seven hun- 
dred, to descend to the use and behoof of the heirs begotten of the 
bodies of Adam Winthrop, late of said Boston, Esq., deceased, and 
the said Anne Winthrop, forever ; and in default of such heirs, to the 
use and behoof of the next and right heirs of him, the said Adam 
Winthrop, forever, and to no otlier use, intent or purpose whatsoever ; 
and whereas, b}' reason of said indenture it is found impracticable to 
obtain a sufficient deed of conveyance of a suitable part of said island, 
from the said Anne Winthrop or any other person, whereon to erect 
and build the said batteries, and, consequently, for the captain-general 
to proceed in erecting and building 'the same'without the interposition 
of this court, altho' it is judged by them of absolute necessity for the 
publick safety ; therefore, — 

Beit enacted by the Governour, Council and House of Representatives, 
and, it i^s hereby enacted, 

[Sect. 1.] That it shall and may be lawful for the captain-general 
and governour-in-chief in and over his majesty's province of the Massa- 
province, on cliusetts Bay, to issuB his order, directed to the high sheriff of the 
i8°ami"and take couuty of Suffolk, requiring him forthwith to repair to the said island, 
possession of it. ^y\(\. in the name and behalf of this government, to bound out in such 



Shrriflfof Siif. 
folk to lay out 
land for the 



[3d Sess.] Province Laws.— 1744-45. 183 

place thereof and in such form as the captain-general shall direct, the 
full quantit}- of three acres and an half thereof, and in tiie name and 
for the use of this government to take possession of the said three 
acres and an half he shall so bound out, with the flatts before the same ; 
and the said sheriff shall certify his proceedings herein, with the bounds 
of the said three acres and an half laid out as aforesaid, into the secre- 
tar3''s oflice, by him to be recorded in the book of records of this 
province. 

And be it further enacted^ 

[Sect. 2.] That the said three acres and an half of said island so Suia lanc to be 
bounded out, possession thereof being taken, and return and record foi^bulimng bat- 
thereof being made as aforesaid, and also the flatts before the same, Series tiiereon. 
shall thenceforward, hy virtue and force of this act, be adjudged and 
deemed the lawful right and property of this government, and shall be 
and remain to their use for the building and improving the said bat- 
teries, and for other defensible preparations, forever hereafter. 

Be it further enacted, 

[Sect. 3.] That if any action or actions, of what name or nature Any action to 
soever, shall at any time hereafter be brought by au}^ person or persons recovorf^of Oie 
for the recover}^ of the said three acres and an half of the said island, e^iiA laud, or 
and the flatts, out of the hands of this government, or for dammages for sheriff, to be 
the improvement of the same, or against any particular person or per- ^anodby tws 
sous, such action or actions tending to defeat or in anywise to interrupt 
or impede the plain and necessary' intent and design of this act, or 
against the said sheriS" for any matter or thing he shall do in conse- 
quence hereof, this act may be pleaded in bar to all and every such 
action or actions respectively, and the same shall be bar'd and made 
void accordingly. 

And to the intent that full satisfaction ma}^ be made by this govern- 
ment to the said Anne and the heirs before mentioned, — 

Be it further enacted, 

[Sect. 4.] That six" prudent and sufficient persons shall be ap- Persons to be 
pointed, three thereof by the secretary of this province, and three by appniyifng'the 
the said Anne Winthrop, or in case of her neglect or refusal, b}' his si""-' land, 
majesty's justices of the superiour court, or any three of them ; and in 
case the major part of said appraizers shall not agree, they shall have 
power to chuse a seventh, and said appraizers shall be under oath to 
estimate and apprize the said three acres and an half of land, and the 
flatts aforesaid, in lawful mone}' ; ahd the appraizement and value so 
made and taken b}^ them, or the major part of them, shall be returned 
to the said secretary, and shall by him be recorded in the aforesaid 
book, for the benefit and behoof of the said Anne Winthrop and heirs 
aforesaid, in manner following ; viz., the lawful interest of the whole satisfaction to 
sum shall be annually paid by the treasurer of this province, for the ^''"^■'5^''*"'''? 

. „ , . • 11 proprietor out 

time being, out of the appropriations that are or ma}' be made for of the public 
satisfying of grants, to the said Anne Winthrop during her natural *'''^''^"''^' 
life, and at her decease the principal shall be paid to the said heirs in 
such proportion as the remaining part of said island shall be lawfully 
distributed and settled on them in consequence of the indenture afore- 
said. [Passed October 26. 



184 Province Laws.— 1744-45. [Chap. 16.] 



CHAPTER 16. 

AN ACT FOU GRANTING UNTO HIS MAJESTY SEVERAL RATES AND 
DUTIES OF IMPOST AND TUNNAGE OF SHIPPING. 

We, his majesty's most loyal and dutiful subjects, the representatives 
of his majesty's province of the Massachusetts Bay, in New England, 
being desirous of a collateral fund and security for drawing in the 
bills of credit on this province, have chearfully and unanimously given 
and granted and do hereby give and grant unto his most excellent 
majest}' to the end and use aforesaid, and for no other use, the several 
duties of impost upon wines, liquors, goods, wares and merchandize 
that shall be imported into this province, and tunnage of shipping 
hereafter mentioned ; and pray that it may be enacted, — 

And be it accordingly enacted by the Govemour, Council and House 
of Representatives, 

[Sect. 1.] That from and after the lust day of the present session, 
there shall be paid by the importer of all wines, liquors, goods, wares 
and merchandize that shall be imported into this province from the 
place of their growth (salt, cotton-wool, provisions, and ever}^ other 
thing of the growth and produce of New England, and also all prize 
goods condemned in any port of this province excepted), the several 
rates or duties of impost following ; viz'., — 

For every pipe of wine of the Western Islands, eight shillings. 

For every pipe of Madera, nine shillings and sixpence. 

For ever}" pipe of other sorts not mentioned, nine shillings and sis- 
pence. 

For every hogshead of rum, containing one hundred gallons, eight 
shillings. 

For every hogshead of sugar, sevenpence. 

For every hogshead of molasses, fourpence. 

For every hogshead of tobacco, four shillings and sixpence. 

For every ton of logwood, ninepence. 
— And so, proportionably, for greater or lesser quantities. 

And all other commodities, goods or merchandize not mentioned or 
excepted, fourpence for every twenty shillings value : all goods imported 
from Great Britain excepted. 

[Sect. 2.] And for any of the above wines, liquors, goods, wares, 
merchandize, &c., that shall be imported into this province, &c., from 
any other port than the places of their growth and produce, there shall 
be paid by the importer double the value of impost appointed by this 
act to be received for every species above mentioned, unless they do, 
bond fide, belong to the inhabitants of this province and came upon 
their risque from the port of their growth and produce. 

And be it further enacted, 

[Sect. 3.] That all the aforesaid impost rates and duties shall be 
paid in current money or bills of credit of this province of the last 
emission by the importer of any wines, goods, liquors or merchandize 
unto the commissioner to be appointed as is hereinafter to be directed 
for entring and receiving the same, at or before the landing of any 
wines, liquors, goods or merchandize : only the commissioner or receiver 
is hereby allowed to give credit to such person or persons where his 
or their duty of impost in one ship or vessel doth exceed the sum of 
three pounds ; and in case where the commissioner or receiver shall 
give credit, he shall settle and ballance his accompts with ever}' person 
on or before the last day of April, so that the same accompts may be 
ready to be presented to this court in May next. And all entries where 



[Sd Sess.] Peovln-ce Laws. — 1744-45. 18^ 

the impost or duty doth not exceed three shillings, shall be made without 
charge to the importer, and not more than sixpence to be demanded for 
any other single entr}^ to what value soever. 

And be it further enacted, 

[Sect. 4.] That all masters of ships or other vessels coming into 
any harbour or port within this province from beyond sea, or from any 
other province or colony, before bulk be broken and within twenty-four 
hours after his arrival at such harbour or port, shall make a report to 
the commissioner or receiver of the impost, to be appointed as here- 
inafter mentioned, of the contents of the lading of such ship or vessel, 
without any charge or fee to be demanded or paid for the same ; which 
report said master shall give in to the commissioner or receiver, under 
his hand, and shall therein set down and express the quantities and 
species of the wines, liquors, goods, and merchandize laden on board 
such ship or vessel, with the marks and numbers thereof, and to whom 
the same is consign'd ; and also make oath that the said report or mani- 
fest of the contents of his lading, so to be by him given in under his 
hand as aforesaid, contains a just and true account, to the best of his 
knowledge, of the whole lading taken on board and imported in the 
said vessel from the port or ports such vessel came from, and that he 
hath not broken bullc nor delivered any of the wines, rum or other dis- 
tilled liquors or merchandize laden on board the said ship or vessel, 
directl}' or indirectly ; and if he shall know of any more wines, liquors, 
goods or merchandize to be imported therein, before the landing thereof 
he will cause it to be added to his manifest ; which manifest shall be 
agreable to a printed form made for that purpose, which is to be filled 
up by the said commissioner or receiver according to each particular per- 
son's entry ; which oath the commissioner or receiver is hereby impow- 
ered to administer: after which s'd master may unload, and not before, 
on pain of five hundred pounds, to be forfeited and paid by each master 
that shall neglect his duty in this behalf. 

And be it further enacted, 

[Sect. 5.] That all merchants, factors and other persons, importers, 
being owners thereof, or having any of the wines, liquors, goods or mer- 
chandize consigned to them, that by this act are liable to pay impost 
or duty, shall, by themselves or order, make entry thereof in writing, 
under their hands, with the said commissioner or receiver, and produce 
unto him an invoice of all such goods as pay ad valorem, and make 
oath thereto in manner following : — 

You, A. B., do swear that the entry of the goods and merchandize by you 
now made, exhibit the present price of said goods at this market, and that, 
bo7id fide, according to your best skill and judgment, it is not less than the 
real value thereof. So help you God. 

— which above oath the commissioner or receiver is hereby impowered 
to administer ; and they shall pay the duty and impost by this act re- 
quired, before such wines, liquors, goods, wares or merchandize be 
landed or taken out of the vessel in which the same shall be imported, 
on pain of forfeiting all such wines, liquors, goods, wares or merchan- 
dize so landed and taken out of the vessel in which the same shall be 
imported. 

[Sect. 6.] And no wines, liquors, goods, wares or merchandize 
that by this act are liable to pay impost or duty, shall be landed on 
any wharff, or into any warehouse or other place, but in the daytime 
onl}", and that after sunrise or before sunset, unless in the presence 
and with the consent of the commissioner or receiver, on pain of for- 
feiting all such wines, liquors, goods, wares and merchandize, and the 
24 



186 Peovince Laws.— 1744-45. [CiiAr. IG.] 

lighter, boat or vessel out of which the same shall he landed or put 
into any warehouse or other place. 

[Sect. 7.] And if any person or persons shall not have and pro- 
duce an invoice of the quantities of rum or liquors to him or them 
consigned, then the cask wherein the same is shall be gaged at the 
charge of the importer, that the quantities thereof may be known. 

And be it further enacted, 

[Sect. 8.] That every merchant or other person importing any 
wines into this province shall be allowed twelve per cent for leakage : 
provided, such wines have not been filled up on board ; and that every 
hoo-shead, butt or pipe of wine that hath two parts thereof leaked out, 
shall be accounted for outs, and the merchant or importer to pa}^ no 
duty or impost ' for the same. And no master of any ship or vessel 
shall suffer any wines to be filled up on board without giving a certifl- 
cate of the quantity so filled up, under his own hand, before the lauding 
thereof, to the commissioner or receiver of impost for such port, on 
pain of forfeiting the sum of one hundred pounds. 

[Sect. 9.] And if it may be made to appear that an}^ wines imported 
in any ship or vessel be decayed at the time of unladhig thereof, or in 
twenty days afterwards, oath being made before the commissioner or 
receiver that the same hath not been landed above that time, the duties 
and impost paid for such wines shall be repayed unto the importer thereof. 

A^id be it further enacted, 

[Sect. 10.] That the master of every ship or vessel importing any 
wines, liquors, goods, wares or merchandizes, shall be liable to and shall 
pay the impost for such and so much thereof, contained in his manifest, 
as shall not be duly entred, nor the duty paid for the same b^- the per- 
son or persons by whom such wines, liquors, goods, wares or merchan- 
dize are or shall be consigned. And it shall and may be lawful, to and 
for the master of every ship or other vessel, to secure and detain in his 
hands, at the owner's risque, all such wines, liquors, goods, wares or 
merchandize imported in any ship or vessel, until he shall receive a 
certificate, from the commissioner or receiver of the impost, that the 
'duty for the same is paid, and until he be repaid his necessar}' charges 
in securing the same ; or such master ma}' deliver such wines, liquors, 
goods, wares or merchandizes as are not entred, unto the commissioner 
or receiver of the impost in such port or his order, who is hereb}^ im- 
powered and directed to receive and keep the same, at the owner's 
risque, until the impost thereof, with the charges, be paid ; and then to 
deliver such wines, liquors, goods, wares or merchandize as the master 
shall direct. 

And be it further enacted, 

[Sect. 11.] That the commissioner of receiver of the impost in 
each port, shall be and hereb}^ is impowered to sue the master of any 
ship or vessel, for the impost or duty for so much of the lading *f any 
wines, liquors, goods, wares or merchandize imported therein, according 
to the manifest to be by him given upon oath, as aforesaid, as shall 
remain not entred and the duty of impost thereof not paid. And whore 
any goods, wares or merchandize are such as that the value thereof is 
not known, whereby the impost to be recovered of the master, for the 
same,cannot be ascertained, the owner or person to whom such goods, 
wares or merchandize are or shall be consigned, shall be summoned to 
appear as an evidence at the court where such suit for the impost and 
the duty thereof shall be brought, and be there required to make oath 
to the value of such goods, wares or merchandize. 

And be it farther enacted, 

[Sect. 12.] That the ship or vessel, with her tackle, apparel and 
furniture, the master of which shall make default in anything by this 



[3d Sess.] Province Laws.— 1744-45. 187 

act required to be performed by him, shall be liable to answer and 
make good the sum or sums forfeited by such master, according to 
this act, for any such default, as also to make good the impost or 
dut}^ for any wines, liquors, goods, wares and merchandize not entred 
as aforesaid ; and, upon judgment recovered against such master, the 
said ship or vessel, with so much of the tackle or appurtenances 
thereof as shall be sufficient to satisfy said judgment, may be taken in 
execution for the same ; and the commissioner or receiver of the im- 
post is hereby impowered to make seizure of such ship or vessel, and 
detain the same under seizure until judgment be given in any suit to 
be commenced and prosecuted for any of the said forfeitures or impost ; 
to tlie intent that if judgment be rendred for the prosecutor or in- 
former, such ship or vessel and appurtenances may be exposed to sale, 
for satisfaction thereof, as is before provided : unless the owners, or 
some on their behalf, for releasing such ship or vessel from under seiz- 
ure or restraint, shall give sufficient security unto the commissioner 
or receiver of impost that seized the same, to respond and satisfy the 
sum or value of the forfeiture and duties, with the charges, that shall be 
recovered against the master thereof, upon suit to be brought for the 
same, as aforesaid ; and the master occasioning such loss and damage 
unto liis owners, through his default or neglect, shall be liable unto 
their action for the same. 

And be it farther enacted, 

[Sect. 13.] That the naval officer within any of the ports of this 
province shall not clear or give passes unto any master of any ship or 
other vessel, outward bound, until he shall be certified, by the commis- 
sioner or receiver of the impost, that the duties and impost for the goods 
last imported in such ship or vessel are paid or secured to be paid. 

[Sect. 14.] And the commissioner or receiver of impost is hereb}' 
impowered to allow bills of store to the master of an}' ship or vessel 
importing any wines or liquors, for such private adventures as shall 
belong to the master or seamen of such ship or other vessel, at the 
discretion of the commissioner or receiver, not exceeding three per 
cent of the lading ; and the duties payable by this act for such wines or 
liquors, in the bills of store mentioned and expressed, shall be abated. 

And lohereas, many persons have heretofore caused to be imported, 
from the neighbouring governments, into this province, by land- carriage, 
large quantities of wine, rum and other merchandize, subjected to duty 
by this act, but have made no report thereof to the officer of impost, or 
any of his deputies, nor have paid any duty therefor, contrary to the 
true intent and meaning of this act, — 

Be it therefore enacted, 

[Sect. 15.] That whensoever any rum, wine or other merchandize, 
b}^ this act subjected to any dut}', shall be hereafter imported from any 
of the neighbouring governments, by land, into any town of this prov- 
ince, the owner thereof, or person importing the same, shall make 
report thereof to the said officer, or some one of his deputies, hereby 
required therefor, on pain and penalty of forfeiting the same. 

And be it further enacted, 

[Sect. 16.] That all penalties, fines and forfeitures accruing and 
arising by virtue of this act, shall be one half to his majesty for the 
uses and intents for which the aforementioned duties of impost are 
granted, and the other half to him or them that shall seize, inform and 
sue for the same, by action, bill, plaint or information, in any of his 
majesty's courts of record, wherein no essoign, protection or wager of 
law shall be allowed : the whole charge of the prosecution to be taken 
out of the half belonging to the informer. 



188 Province Laws.— 1744-45. [Chap. 16.] 

And be it farther enacted, 

[Sect. 17."] That there shall be paid, b}- the master of every ship or 
other vessel, coming into any port or ports in this province to trade and 
trafflck, whereof all the owners are not belonging to this province (ex- 
cept such vessels as belong to Great Britain, the provinces or colonies 
of Pensylvania, West and East Jersey, New York, Connecticutt, New 
Hampshire and Rhode Island), every voyage such ship or vessel does 
make, one pound of good pistol-powder for every ton such ship or ves- 
sel is in burthen : saving for that part which is owned in Great Britain, 
this province, or any of the aforesaid governments, which are hereby 
exempted ; to be paid unto the commissioner or receiver of the duties 
of impost, and to be employed for the ends and uses aforesaid. 

[Sect. 18.] And the said commissioner is hereby impowered to ap- 
point a meet and sutable person, to repair unto and on board any ship 
or vessel, to take the exact measure and tonnage thereof, in case he shall 
suspect that the register of such ship or vessel doth not express and 
set forth the full burthen of the same ; the charge thereof to be paid 
by the master or owner of such ship or vessel, before she be cleared, in 
case she shall appear to be of greater burthen : otherwise, to be paid by 
the commissioner out of the money received by him for impost, and 
shall be allowed him accordingly, by the treasurer, in his accompts. 
And the naval officer shall not clear any vessel, until he be also certi- 
fied, by the said commissioner, that the duty of tunnage for the same is 
paid, or that it is such a vessel for which none is payable according to 
this act. 

And be it further enacted, 

[Sect. 19.] That there be one fit person, and no more, nominated 
and appointed by this court, as a commissioner and receiver of the 
aforesaid duties of impost and tunnage of shipping, and for the inspec- 
tion, care and management of the said office, and whatsoever relates 
thereto, to receive commission for the same from the governour or com- 
mander-in-chief for the time being, with authority to substitute and 
appoint a deputy receiver in each port, and other places besides that 
wherein he resides, and to grant warrants to such deputy receivers for 
the said place, and to collect and receive the impost and tunnage of ship- 
ping aforesaid that shall become due within such port, and to render 
the accompt thereof, and pay in the same, to the said commissioner and 
receiver : which said commissioner and receiver shall keep fair books 
of all entries and duties arising by virtue of this act ; also, a particular 
account of every vessel, so that the duties of impost and tunnage 
arising on the said vessel may appear ; and the same to lye open, at all 
seasonable times, to the view and perusal of the treasurer and receiver- 
general of this province, (or any other person or persons whom this 
court shall appoint,) with whom he shall accompt for all collections and 
payments ; and pay all such monies as shall be in his hands, as the 
treasurer or receiver-general may demand it. And the said commis- 
sioner or receiver and his deputy or deputies, before their entring 
upon the execution of their office, shall be sworn to deal truly and 
faithfully therein, and shall attend in the said office from nine to twelve 
of the clock in the forenoon, and from two to five a-clock in the 
afternoon. 

[Sect. 20.] And the said commissioner and receiver, for his labour, 
care and expences in the said office, shall have and receive, out of the 
province treasury, the sum of twenty-five pounds, the present emission, 
per annum ; and his deputy or deputies to be paid for their service such 
sum or sums as the said. commissioner and receiver, with the treasurer, 
shall agree upon, not exceeding seven pounds ten shillings each. And 
the treasurer is hereby ordered, in passing and receiving the said oom- 



[3d Sess.] 



Peovince Laws. — 1744-45. 189 



missioner's accompts, accordingly, to allow the payment of such salary 
or salaries, as aforesaid, to himself and his deputy or deputies. 

fsEcf '21 1 That this act shall be and continue in force one year 
from the last day of the present session, and from thence to the end 
ofThe session of the general court then next after, and no longer. 
\_Passed October 26. 



190 



PROVINCE Laws. — 1744-45. [Chap. 17.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twenty-eighth day of November, A. D. 

. 1744- 



CHAPTEE 17. 



£10,000 bills of 
credit to be 
emitted. 



£4,065 17s. Sd. 
for wages at 
Castle William 
and other garri- 
sons, &c. 



The province 
enow, &c. 

£3,300 for put- 
ting the prov- 
ince into a better 
posture of 
defence, &c. 



£1,200 for pay- 
ment of grants, 
&c. 



AN ACT FOR THE SUPPLYING THE TREASURY W^ITH THE SUM OF TEN 
THOUSAND POUNDS, FOR DISCHARGING THE PUBLIC[K] DEBTS, &c[a]., 
AND FOR DRAWING IN THE SAID BILLS INTO THE TREASURY AGAIN. 

Be it enacted by the Governour, Council and House of Representatives, 
[Sect. 1.] That the treasurer be and hereby is impowered and 
ordered to emit and issue forth the sum of ten tliousand pounds in bills 
of credit of the last tenor and date, now lying in his hands and received 
in for taxes, impost and excise, which shall pass in all public[k] paj"- 
ments equal to other new tenor bills emitted since one thousand seven 
hundred and forty ; or, if there shall not be a sufficiency of such bills, that 
then the committee appointed b}^ this court for signing bills, are hereby 
directed and impowered to take care and make effectual provision, so soon 
as may be, to imprint the said bills, or so many as may be needed to 
compleat the said sum, and to sign and deliver the same to the treasurer, 
taking his receipt for the same ; and the said committee shall be under 
oath for the faithful [1] performance of the trust by this act reposed in 
them ; and the said sum of ten thousand pounds shall be issued out of the 
treasury in manner and for the purposes following ; \\z^^^., the sum of 
four thousand and sixty-five pounds seventeen shillings and threepence, 
part of the aforesaid sum of ten thousand pounds, to be applied for the 
payment of wages that now are or that hereafter ma}- be due by virtue 
of the establishment of Castle William, Frederick Fort, Richmond Fort, 
George's Truck-house, Saco Truck-house, Brunswick Fort, the sloop 
in the countr[e]y's service, the province snow, the brigantine " Boston 
Packet," and the sloop " Orphan of Techao," and the treasurer's usual 
disbursements ; and the sum of three thousand three hundred pounds, 
part of the aforesaid sum of ten thousand pounds, shall be applied for 
put[^]ing the province into a better posture of defence, for compleating 
the repairs of Castle William and other forts, for paying of such officers 
and soldiers as have done service for the province, whose wages are now 
due, which officers and soldiers shall be paid out of this appropriation 
preferable to any other service ; and for such officers and soldiers as are 
or may be in the province service, according to the several establish- 
ments for that purpose, for purchasing all needful [1] warlike stores for 
the several forts and garrisons within this province, pursuant to such 
grants as are or shall be made by this court for those purposes ; and the 
sum of twelve hundred pounds, part of the said sum of ten thousand 
pounds, for the payment of his majesty's council, and such other grants 



[4th Sess.] Province Laws. — 1744-45. 191 

as are or shall be made by this court, and for the pa3'ment of stipends, 
bounties and premiums established b}' law ; and for the payment of all 
other matters and things which this court have or shall, cither by law 
or orders, provide for the payment of out of the publick treasury, and 
for no other purpose whatsoever ; the sum of five hundred pounds, part £500 for debts 
of the aforesaid sum of ten thousand pounds, shall be applied for the ^stabuih^ent. 
discharge of other debts owing from this province to persons that have 
served or that shall serve them by order of this court in such matters 
and things where there is no establishment nor any certain sum assigned 
for such service, and for paper, printing and writing for this court, 
the expences of committees of council, or of the house, or of both 
houses, the surgeon of Castle William, and wooding of said castle ; 
and the sum of eight hundred pounds, part of the aforesaid sum of ten £soo for the 
thousand pounds, shall be applied for the payment of the house of I'epresentatives. 
representatives serving in the general court during their several ses- 
sions this present year. 

And tvhereas there are sometimes publick entertainments, and, from 
time to time, contingent and unforeseen charges that demand prompt 
pa^'ment, — 

Be it further enacted, 

[Sect. 2.] That the sum of one hundred and thirty-four pounds two £i34 2.9. 9d. for 
shillings and ninepence, the remaining part of the aforesaid sum of ten entertamments, 
thousand pounds, be applied to defre3'and pay such entertainments and 
contingent charges, and for no other use whatsoever. 

And be it enacted, 

[Sect. 3.] That if there be a surplusage in any sum appropriated, Snrpiusasre to 
such surplusage shall l[y][z]e in the treasury for the farther order of uiy."^ ^^'^ "'°"^' 
this court. 

And be it further enacted, 

[Sect. 4.] That each and eveiy warrant for drawing mone}' out of Warrants to 
the treasury, shall direct the treasurer to take the same out of such appropn'iuo^ 
sums as are respectively appropriated for the pa3'ment of such pub- 
lic [k] debts as the draughts are made to discharge ; and the treasurer 
is hereb}^ directed and ordered to pay such money out of such appro- 
priations as directed to, and no other, upon pain of refunding all such 
sum or sums as he shall otherwise pay, and to keep exact and distinct 
accompts of all payments made out of such appropriated sums ; and 
the secretary', to whom it belongs to keep the muster-roll and accompts 
of charge, shall lay before the house, when they direct, all such muster- 
rolls and accompts after payment thereof. 

And as a fund and security for drawing the said sum of ten thou- 
sand pounds into the treasury again, — 

Be it further enacted, 

[Sect. 5,] That there be and hereby is granted unto his most £5,200 in 1715. 
excellent majesty, for the ends and uses aforesaid, a tax of five thou- 
sand two hundred pounds, to be levied on polls, and estates both real 
and personal, within this province, according to such rules and in such 
proportions on the several towns and districts within the same, as shall 
be agreed upon and ordered b}^ this court at their session in May, one 
thousand seven hundred and fort3'-five, and paid into the public[k] 
treasur}' on or before the last day of December then next after. 

And as a further fund and security for drawing in the said sum of 
ten thousand pounds into the treasury again, — 

Be it further enacted, 

[Sect. 6.] That there be and hereby is glinted unto his most $4,ooo ia me. 
excellent majest}^, for the ends ahd uses aforesaid, a tax of four thou- 
sand pounds, to be levied on polls, and estates both real and personal, 
within this province, according to such rules and in such proportions 



192 Province Laws.— 1744-45. [Chap. 17.] 

on the several towns and districts within the same, as shall be agreed 
upon and ordered by this court at their session in May, one thousand 
seven hundred and forty-six, and paid into the publick treasury on or 
before the last day of December then next after. 

And as a fund and security for drawing in such sum or sums as 
shall be paid out to the representatives of the several towns,— 
Be it enacted, 
Tax to be made [Sect. 7.] That there be and hereby is granted unto his most 
[heTe''prel'ent^'"^ excellent majesty a tax of such sum or sums as shall be paid to the 
atives. several representatives as aforesaid, to be levied and assess [e]'d on the 

polls and estates of the inhabitants of the several towns, according to 
what their several representatives shall so receive ; which sums shall 
be set on the towns in the next province tax. And the assessors of the 
said towns shall make their assessment for this tax, and apportion the 
same according to the rules that shall be prescribed by the act of the 
general assembly for assessing the next province tax, and the consta- 
bles, in their respective districts, shall pay in the same when they pay 
in the province tax for the next year, of which the treasurer is hereby 
directed to keep a distinct and seperate accompt ; and if there be any 
surplusage, the same shall l[y][i]e in the hands of the treasui'er for 
the further order of this court. 
And be it further enacted, 
Tax for the [Sect. 8.] That in case the general court shall not at their sessions 

™m!tted to^b^^ in May, one thousand seven Imndred and forty-five, and one thousand 
^''thrpTe°cedin| sevcu hundred and forty-six, agree and conclude upon^ an act appor- 
tas act, in case." tioning the sum, which b}' this act is engaged shall be, in those years, 
apportioned, assess[e]'d and levied, that then and in such case each 
town and district within this province shall pay, by a tax to be levied 
on the polls, and estates both real and personal, within their districts, 
the same proportion of the said sums as the said towns and districts 
shall have been taxed by the general court in the tax act then next 
preceding ; and the province treasurer is hereby fully impowered and 
directed, some time in the month of June, in the year one thousand 
seven hundred and forty-five, and one thousand seven hundred and 
forty-six, to issue and send forth his warrants, directed to the selectmen 
or assessors of each town and district within this province, requiring 
them to assess the polls, and estates both real and personal, within 
their several towns and districts, for their respective part and propor- 
tion of the sum before directed and engaged to be assess[e]'d by this 
act ; and the assessors, as also persons assessed, shall obseiwe, be 
governed by and subject to all such rules and directions as shall have 
been given in the next preceding tax act. 
And he it further enacted. 
Taxes to be [Sect. 9.] That the inhabitants of tliis province shall have liberty, 

se^vemi species If they scc fit, to pay the several sums for which they respectively may, 
herein euumer- jq pursuance of this act, be assessed, in bills of credit of the form and 
teno[u]r by this act emitted, or in other new-tenor bills, or in bills of 
the middle tenor, according to their several denominations, or in bills 
of the old tenor, accounting four for one ; or in coined silver, at seven 
shillings and sixpence per ounce, troy weight, and of sterling alio}", or 
in gold coin, proportionably ; or in merchantable hemp, flax, winter and 
Isle-of-Sable codfish, refined bar-iron, bloomery-iron, hollow iron-ware, 
Indian corn, r^'e, wheat, barley, pork, beef, duck or canvas, whalebone, 
cordage, train-oil, beeswax, baybeny-wax, tallow, peas, sheepswool, 
or tann'd sole-leather (the aforesaid commodities being of the produce 
or manufactures of this pro^dnce) , at such moderate rates and prices 
as the general assembly of the j'ear one thousand seven hundred and 
forty-five, and one thousand seven hundred and forty-six, shall set them 



[4Tn Sess.] Province Laws. — 1744-45. 193 

at ; the several persons paying their taxes in any of the commodities 
aforementioned, to run the risque and pa}* the charge of transporting 
the said commodities to the province treasury ; but if the aforesaid 
general assembly shall not, at their sessions in May, some time before 
the twentieth day of June, in each year, agree ui)on and set[t] the 
aforesaid species and commodities at some certain price[s], that then How the com. 
the eldest councello[u]r[.s], for the time being, of each of those coun- ™rou^b7into the 
ties in the province, of which any one of the council is an inhabitant, treasury are to 
together with the province treasurer, or the major part of them, be a ^^*'**"^'^ 
committee, who hereby are directed and fully authorized and impow- 
ered to do it ; and in their set p] ling the prices and rat[e]ing the value 
of those commodities, to state so much of them, respectively, at seven 
shillings and sixpence as an ounce of silver will purchase at that time in 
the town of Boston, and so pro rata. And the treasurer is hereby directed 
to insert in the several warrants by him sent to the several collectors 
of the taxes in each 3'ear, with the names of the afore-recited commod- 
ities, the several prices or rates which shall be set on them, either by 
the general assembly or the committee aforesaid, and direct the afore- 
said collectors to receive them so. 

[Sect. 10.] And the aforesaid commodities so brought into the Treasurer to 
treasury shall, as soon as may be, be disposed of by the treasurer to commo'dities. 
the best advantage for so much as they will fetch in bills of credit 
hereby to be emitted, or for silver or gold, which silver and gold shall 
be delivered to the possessor of said bills in exchange for them ; that 
is to saj^, one ounce of silver coin, and so. gold in proportion, for seven 
shillings and sixpence, and so j^yo rata for a greater or less sum ; and 
if any loss shall happen by. the sale of the albresaid species, or b}' any 
unforeseen accident, such deficiency shall be made good b}' a tax of 
the year next following, so as fully and effectually to call in the whole 
sum of ten thousand pounds in said bills hereb}' ordered to be emitted ; 
and if there be a surplusage, it shall remain a stock iu the treasury. 
\_Passed and published January 9, 1744-45. 



CHAPTER 18. 

AN ACT IN ADDITION TO AN ACT [E][7]NTITLED "AN ACT FOR THE 
REL[EI][7£]F OF POOR PRISONERS FOR DEBT." 

"Wetekeas in and b^^ an act made and pass[e]'d in the fifteenth year of Preamhie. 
his present m-ijesty's reign, [e][/]ntitled " An Act for the rel[ei][?e]f 1741-42, chap. 6. 
of poor prisoners for debt," it is provided that, upon securit}' being given 
to the goaler or prison-keeper for the payment of eight shillings per 
week for and towards the support of any prisoner after such prisoner's 
having made oath that he has not any estate sufficient to support him- 
self in prison or pay prison charges, " the goaler or keeper shall detain 
and keep in close custod}- such prisoner so long as said sum shall be 
paid, but upon failure of payment thereof" he shall be set at liberty ; 
and ivhereas the aforesaid act was in and by an act made and pass[ei'cl 174445, chap. 14. 
at the last session of this court reyiyed and continued until [1] the last 
day of October, one thousand seven hundred and fifty-one, and until [1] 
the end of the session of the general court next after ; and ivhei-eas in 
and by an act [e][?"]ntitled "An Act for ascertaining the value of 174142, chap. 12. 
money," the lawful money of this province has been set [^] led at a dif- ' 

ferent rate from the nominal value of ihfi bills of credit current at the 
time of passing the first aforementioned act, and should the aforesaid 

25 



194 



Province Laws. — 1744-45. [Chap. 19.] 



Prisoners, how 
to be detained, 
and when re- 
leased. 



Limitation. 



allowance of eight shillings per week be now understood nnd construed 
to intend eight shillings lawful mone}', it would prove unequal and 
injurious, — 

Be it therefore enacted by the Governour, Council and House of Rep- 
resentatives, » 

[Sect. 1.] That upon any prisoner's having taken the oath, and 
certificate having been made thereof as by the aforesaid act for the 
rel[ei][/e]f of poor prisoners for debt is provided, and the creditor or 
creditors, their agent or attorne}', executor or administrator, having 
given security to the goaler or keeper of the prison where such prisoner 
now is or hereafter may be, for the payment of two shillings and six- 
pence per week in lawful money or bills of credit of this province equiva- 
lent thereto, for and towards the support of such prisoner while he or 
she shall be detained in prison, the said goaler or keeper shall detain 
and keep in'close custody such prisoner so long as said sum shall be 
paid, but upon failure of payment thereof shall set him or her at liberty ; 
and the several goalers or prison-keepers in this province are required 
to govern themselves accordingly. 

[Sect. 2.] This act to continue and be in force for and during the 
term of the continuance of the aforementioned act for the rel[ei][{e]f 
of poor prisoners for debt. [^Passed December 26, 1744 ; published 
January 9, 1744-45. 



CHAPTER 19. 

AN ACT TO ENCOURAGE THE [E] [ZJNLISTING SOLDIERS INTO HIS MAJ- 
ESTY'S SERVICE, IN THE INTENDED EXPEDITION AGAINST CAPE 
BRETON. 



Be it enacted by the Governoxir, Council and House of Representatives, 

Volunteers in [Sect. 1.] That whocvcr has entred or shall enter or [e][/]nlist 

his majesty's into hls majesty's service as a voluntier in the intended expedition 

be^ arrested, &c against the French settlements [of] [af] Cape Breton, shall not be 

liable to be taken out of his majesty's service aforesaid by any process 

or execution, unless for some criminal matter, for any sum whatsoever ; 

and every soldier whose body shall be arrested by mean process or 

execution after his [e][i]nlistment into said service, may and shall be 

set at liberty b}^ two justices of the peace, quorum unus, in the county 

where such soldier is taken, upon application made [b}^] him or his 

superio[M]r officer, upon proof made of his [e][i]nlistment into the 

service afores[a«']'^. 

Proviso. Provided, cdways, — 

[Sect. 2.] Tliis act shall not be construed to stay the process of 
any creditor of such [e][^]nlisted soldier, after his return from the 
said expedition, or his dismission from the s[a«]'^ service ; nor at all to 
stay any process or execution against a deficient constable oi' collector, 
for any taxes committed to him to collect. [^Passed January 30 ; pw&- 
Ushed February 4, 1744-45. 



[4th Sess.] Province Laws. — 1744-45. 195 



CHAPTER 20. 

AN ACT FOR RAISING, BY A LOTTERY, THE SUM OF SEVEN THOUSAND 
FIVE HUNDRED POUNDS, FOR THE SERVICE OF THIS PROVINCE IN 
THE PRESENT YEAR. 

"Whereas his majesty's subjects in this province have been at great Preamble. , 
charges in the year current, not only for the protection of the seacoast, 
but for the defence of the frontier of New England, and also for the 
protection of his majesty's province of Nova Scotia, and the inhabitants 
having already been subjected to a heavy tax on polls and estates the 
present year, and a debt still remaining which the representatives of 
the said province are desirous should be provided for in a manner the 
least burthensome to the inhabitants, — 

Be it therefore enacted by the Governo[^u]r, Council and House of Rep- 
resentatives^ 

[Sect. 1.] That it shall and may be lawful for any person or Persons allowed 
persons, inhabitants of this province, or any other of his majesty's tkkets! ""* 
subjects, or for[r]eigners, to adventure, advance and pay to the 
managers or directors hereinafter appointed, the sura of thirty shillings, 
or divers entire sums of thirty shillings, one-fifth thereof in bills of 
credit of this province, of the new teno[u]r, so called, or in the old 
teno[u]r bills, accounting four for one ; the other four-fifths either in 
like bills, or in bills of credit of the other governments of New England, 
the currency of which are not prohibited by law. And every such 
adventurer, for every such sum of thirty shillings which he, she or they 
shall so advance, shall have such right, interest and lot in the lottery by 
this act allowed and established, as is hereinafter mentioned. 

And he it further enacted, 

[Sect. 2.] That Samuel Watts, John Quincy, James Bowdoin, Names of the 
Robert Hale and Thomas Hutchinson, esq[ui]r[e]s, or any three of ^irectlrs* ""^ 
them, shall be managers or directors for preparing and delivering out 
tickets, and to oversee the drawing of lots, and to order, do and per- 
form such other matters and things as are hereafter, in and b}' this act, 
directed and appointed by such managers or directors to be done and 
performed ; and that such managers and directors shall meet together, 
from time to time, for the execution of the powers and trusts in them 
reposed by this act ; and they shall cause books to be prepared, in which 
evcy leaf shall be divided into three columns, and upon the innermost 
of said three columns, there shall be printed twenty-five thousand 
tickets, number[e]'d one, two, three, and so on, progressively, till they dumber of 
arrfve to the number of twenty-five thousand ; and upon the middle t'c^cts, and 
column, in every of the said books, shall be printed twenty-five thousand 
tickets, of the same breadth and form, and number[e]'d in like manner ; 
and in the extreme column of the said books, there shall be printed a 
third rank or scries of tickets, of the same number of those of the other 
two columns : which tickets shall severally be of an oblong figure, and, 
in the said books, shall be joined with oblique lines, flourishes or 
devices, in such manner as the said managers and directors, or the 
major part of them, shall think most safe and convenient, and that every 
ticket in the third or extreme column of the said books, shall have 
written or printed thereupon, besides the number of such ticket and 
the present vear of our Lord, these words, "MASSACHUSETTS 
GOVERNMENT LOTTERY.". 

And it is further enacted, 

[Sect. 3.] That the said managers and directors shall, upon pay- how tickets are 
mcnt of thirty shillings, as aforesaid, for a ticket, from any person or ^ ^'^ delivered. 



196 



Province Laws. — 1744-45. 



[Chap. 20.] 



Tipkets to be 
indented, rolled 
up, and put in 
boxes, Sio. 



Books to be 
prepared, and 
tickets printed 
therein. 



Tlie number and 
sum of tlie 
benefit tickets. 



Benefit tickets 
to be rolled up 
and put into a 
separate box. 



persons adventiu'ing in this lottery, cut out of tlie said book or books, 
so as to be put into his or their custod}', through the said oblique lines, 
flourishes or devices, indentwise, one of the tickets in the said extreme 
columns, "which shall be signed by one of the said managers or direct- 
ors ; and the ticket so cut off shall be delivered to such adventurer as 
afores[ai]'^. 

And be it further enacted, 

[Sect. 4.] That the said managers and directors, or the major part 
of them, shall, in the presence of such of the adventurers as may attend, 
cause all the tickets in the middle column of the books aforesaid, to be 
cut off, indentwise, l\iYb\^igli] the said oblique lines, flourishes or devices, 
and to be carefully roll'd up, and made fast with thi*ead or silk, and to 
be put into a box to be prepared for that purpose, and to be mark[e]d 
with the letter " A," which is presently to be put into another strong box, 
and to be locked up with five different locks and keys, — one to be kept by 
each of the said managers and directors, — and sealed with their seals, 
until[l] the said tickets are to be drawn as is hereinafter mentioned ; 
and that the tickets in the first or innermost columns of the said books, 
shall remain still in the books for discovering anymistake or fraud, if any 
should happen to be committed contrary to the true meaning of this act. 

And he it further enacted, 

[Sect. 5.] That the said managers, or the major part of them, shall 
also prepare, or cause to be prepared, other books, in which ever}^ leaf 
shall be divided or distinguished into two colums, and upon the inner- 
most of those two colums there shall be printed twenty-five thousand 
tickets, and upon the outermost of the said two colums there shall be 
printed twenty-five thousand tickets, all which shall be of equal length 
and breadth, as near as may be, — which two columns in the said books 
shall be joined with some flourish or device through which the outer- 
most ticket may be cut off indentwise ; and that five thousand four hun- 
dred and twenty-two tickets, part of those to be contained in the 
outermost columns of the books last mentioned, shall be and be called the 
" benefit tickets," to which extraordinary benefits shall belong, as herein- 
after mentioned. And the said managers and directors shall cause the 
said benefit tickets to be written upon or otherwise expressed, as well 
in figures as in words at length, in manner following ; that is to sa}', 
upon two of them, one thousand two hundred and fifty pounds ; upon 
four of them severally, six hundred and twenty-five pounds ; upon six 
of them severally-, three hundred and seventy-five pounds ; upon eight 
of them severalh', two hundred and fift}' pounds ; upon sixteen of them 
severally, one hundred and twenty-five pounds ; upon every one of 
thirty-six of them severally, sixty-two pounds ten shillings ; upon every 
one of one hundred and fift}- of them severalh', thirty pounds ; upon 
every one of five thousand two hundred, three pounds fifteen shillings ; 
which several sums make, in the whole, the sum of thirty-seven thou- 
sand five hundred pounds. And the said managers shall cause all the 
said tickets contained in the outermost column of the last-mentioned 
books to be, in the presence of such of the said adventurers as ma}' be 
there, to be * carefully cut out, indentwise, through the said flourish or 
device, and carefully roll[e]'d up, and fastened with thread or silk, and 
to be put into another box to be prepared for that purpose, and to be 
mark[e]'d with the letter " B," which box shall be presently put into 
another strong box, and locked up with five different locks and keys, — 
one key to be kept b}' each of said managers, and to be sealed up with 
their seals, until[l] tiiese tickets shall also be drawn in the manner and 
form hereinafter mentioned. And the whole business of cutting off and 
rolling up, and putting into the said boxes, shall be performed by the 

* Sic. 



[4th Sess.] Peovikce Laws. — 1744-45. 197 

said managers and directors, within six daj's, at the least, before the 
dra\ying of the said lottery shall begin. 

And be it farther enacted, 

[Sect. 6.] That on or before the ninth day of April, one thousand Time aitd place 
seven hundred and forty--five (notice of the time being given in the pub- tkkeTsT'"" 
lick prints at least fourteen days before), the said managers and direct- 
ors shall cause the said several boxes, with all the tickets therein, to be 
brought into Faneuil Hall, or such other convenient place in the town 
of Boston, as shall be agreed upon by the major part of the directors, 
by nine of the clock in the forenoon of the same day, and placed on a 
table,there for that purpose, and shall then and there severally attend 
this service, and cause the two boxes containing the tickets to be sever- 
ally taken out of the other two boxes in. which they shall have been 
locked up, and the tickets or lots in the respective innermost boxes 
being, in the presence of such adventurers as will be there for the satis- 
faction of themselves, well shaken and mingled in each box distinctly ; 
and some one fit person, to be appointed and directed by the managers 
aforesaid, or the major part of them, shall take out and draw one ticket 
from the box where the said number[e]'d tickets shall be put as afore- 
said, and one other indifferent and fit person, to be appointed and 
directed in like manner, shall presently take out a ticket or lot from the 
box where the said five thousand four hundred and twent3--two benefit, 
and nineteen thousand five hundred and seventy-eight blank, tickets shall 
be promiscuously put as aforesaid, an:l immediately both the tickets so 
drawn shall be opened, and the number of the benefit, as well as blank, 
tickets, shall be named aloud ; and if the ticket taken or drawn from the 
box containing the benefit, and blank, lots, shall appear to be a blank, 
then the numbered ticket so drawn with the said blank at the same time, 
shall both be put on one file ; and if the ticket so drawn or taken from Benefit tickets 
the box containing the benefit, and blank, lots, shall appear to be one of the^mana^I-rs'^'' 
the benefit tickets, then the principal sum written upon such benefit cierk or clerks. 
ticket [s], whatever it be, shall be entred, b}^ such clerk or clerks as the 
said managers, or the major part of them, shall employ and oversee for 
this purpose, being first sworn to a faithful discharge of his or their 
oflSce, into a book to be kept for entring the numbers coming up with 
the said benefit tickets; and the said benefit, and numbered, tickets so 
drawn together shall be put upon another file ; and so the said drawing 
of the tickets shall -continue, by taking one ticket at a time out of each 
box, and with opening, naming aloud and filing the same, and by ent- 
ring the benefit lots in such method as is before mentioned, until [1] the 
whole number be compleatly drawn ; and if the same cannot be per- Managers may 
formed in one day's time, the said managers shall cause the boxes to be day to "il^uutii 
locked up and sealed in manner as aforesaid, and adjourn till next aii are drawn. 
day, and so from day to day, and every day, except on the Lord's day ; 
and then open the same and proceed as above, till the said whole num- 
ber shall be drawn as aforesaid ; and afterwards the said numbered 
tickets so drawn, with the benefit tickets drawn against the same, shall 
be and remain in a strong box, locked up as aforesaid, and under the 
custody of the said managers, until [1] they shall take them out to 
examine, adjust and set[«]le the property thereof. And, as soon as con- 
veniently may be after the drawing is over, the said managers are 
required to cause to be printed and published, the number of the ticket 
drawn against each benefit ticket, and the principal sum written on the 
same, and if any contention or dispute shall arise in adjusting the 
property of the said benefit tickets, the major part of the said managers 
agre[e]ing therein, shall determine to whom it doth or ought to belong. 

[Sect. 7.] And if any person shall forge or counterfeit any ticket or PenaUy fo^r pjn-. 
tickets to be made forth on this act, or alter any of the numbers thereof, orcoumorfek *" 

tickets, &c. 



198 



Peovince Laws. — 1744-45. [Chap. 20.]' 



The- managers 
to commit such 
to prison. 



or utter, vend, barter or dispose of, or offer to dispose of, any false, 
altered, forged or counterfeit ticket or tickets, or bring any forged or 
counterfeit ticket or tickets, the number whereof is altered, knowing 
the same to be altered, to the said managers, or any of them, or to any 
other person, to the intent to defraud this province, or any adventurer 
upon this act, that then every such person or persons, being thereof 
convicted in due form of law, shall suffer such pains and penalties as 
is by law provided in cases of forgery. 

[Sect. 8.] And the said managers or directors, or any two of them, 
are hereby authorized, required and impowered to cause any person or 
persons bringing or uttering such forged or counterfeit ticket or tickets 
as aforesaid, to be apprehended and committed to close goal, to be pro- 
ceeded against according to law. 

Provided ahvaijs, — 

A7id it is hereby enacted, 

[Sect. 9.] That each manager and director for putting this act in 
execution, before his acting in such commission, shall take the follow- 
ing oath ; vizi^'^., 

Directors' oath. I, A. B., do swear that I will faithfully execute the trust reposed in me, 
and that I will not use any indirect act or means to obtain a prize or benefit 
lot for myself or any other person whatsoever, and that I will do the utmost 
of my endeavour to prevent any undue or sinister iiractice to be done h\ any 
person whatsoever, and that I will, to the best of my judgment, declare to 
whom any prize, lot or ticket does of rio^ht belong, according to the true 
intent and meaning of the act of this i^rovince, made in the eighteenth year 
of his majesty's reign in that behalf. So helj) me God. 

— which shall and may be administred by any two or more of the other 
managers and directors. 

And he it further enacted, 

[Sect. 10.] That from each benefit ticket there shall be deducted 
twenty per cent, or one-fifth part, to and for the use and service of this 
government; and the managers or directors as aforesaid, shall, within 
fort}^ da3'S after the drawing of said lottery is finished, pay to each 
owner or proprietor of the said benefit tickets, the remaining four-fifths 
of the full sum wrote or expressed as aforesaid on the said tickets, which 
will make, in the whole, the sum of thirty thousand pounds ; and 
the remaining sum of seven thousand five hundred pounds, after de- 
ducting such necessary charges as shall be allowed by the governour 
and council (an}^ allowance to the directors and managers for their ser- 
vice excepted), shall be paid in to the province treasury in bills of this 
province, there to remain until [1] the further order of this court. 

And be it further enacted, 

[Sect. 11.] That if any of the aforesaid number [e]'d tickets shall 
remain in the hands of the directors or managers, undispos[e]'d of when 
the time set by this act for drawing said lottery shall be arrived, that 
then, and in such case, all and every such ticket shall be and remain as 
the interest, share and lot of this province, and the number of the said 
remaining undispos[e]'d ticketsiehall be, by the directors or managers, 
given out to the province treasurer, in order to be drawn for the prov- 
ince. 

Provided, notioithstanding , — 

[Sect. 12.] That if there shall not be at least twenty thousand 
tickets disposed of at the time appointed for drawing the lottery, the 
managers and directors aforesaid shall wholly desist from any further 
proceedings until [1] thej' shall receive further orders from the general 
court, anything in this act to the contrary notwithstanding. 



Fmir-fifths of 
l!ie benefit tick- 
cts to be paid 
the owners or 
proprietors. 



T'lidisposed 
tickets to re- 
in:. in as the 
inlrrest, share 
n\A lot of the 
province. 



Proviso. 



[4th Sess.] Peovince Laavs. — 1744-45. 199 

And be it further enacted. 

[Sect. 13.] That the directors or managers bj^ this act appointed, Directors' 
shall have such allowance [s] for their services as the general court be"raadebV°he 
shall hereafter o[rder*], and in case of the death, refusal or incapacity general court. 
of attendance of any one or more of said managers, the vacancy shall 
be fill[e]'d up by the governour and council. [_Passed January 9 ; 
X)ublislied February 4, 1744-45. 



CHAPTER 21. 

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF FIFTY 
THOUSAND POUNDS FOR PUTTING THE PROVINCE IN A BETTER 
POSTURE OF DEFENCE, FOR DISCHARGING THE PUBLIC DEBTS, &c., 
AND FOR DRAWING IN THE SAID BILLS INTO THE TREASURY AGAIN, 

Be it enacted by the Governour, Council and House of Representatives., 
[Sect. 1.] That the treasurer be and hereby is impowered and or- £50,ooo in biiis 
dered to emit and issue forth the sum of fifty thousand pounds in bills gritted?' ^° ^^ 
of credit of the last tenor and date, now lying in his hands and 
received in for taxes, impost and excise, which shall pass in all public 
payments equal to other new tenor bills emitted since one thousand 
seven hundred and forty ; or if there be not a sufficiency of such bills, 
that then the committee appointed by this court for signing bills are 
hereby directed and impowered to take care and make effectual pro- 
vision so soon as may be, to imprint the said bills, or so many as may 
be needed to compleat the said sum, and to sign and deliver the same 
to the treasurer, taking his receipt for the same, and the said committee 
shall be nndor oath for the faithful performance of the trust by this act 
reposed in them ; and the said sum of fifty thousand pounds shall be 
issued out of the treasury in manner and for the purposes following ; 
viz., the sura of thirty thousand pounds, part of the aforesaid sum of Appropriation 
fifty thousand pounds, shall be applied for the payment of officers and of this emission, 
soldiers, transports and wages of seamen, and for purchasing provi- 
sions and all needful warlike stores for the carrying on an expedition 
against Cape Breton, pursuant to such grants as this court shall here- 
after make for that purpose ; or in case the expedition should be pre- 
vented, that then the remaining part of the said thirty thousand pounds 
shall be applied for payment of grants made b}' this court ; and the £8,ooo for pur- 
sum of eight thousand pounds, part of the aforesaid sum of fifty thou- of fordl* ^"^'^^ 
sand pounds, shall be applied for purchasing of a ship of force for the 
preservation and defence of the trade of this province, as this court in 
their present sessions shall agree upon; the sum of ten thousand £io,ooo for 
pounds, part of the aforesaid sura of fifty thousand pounds, shall be ^"^" *' 
applied for the payment of such other grants as are and shall be made 
by this court, and for the payment of stipends, bounties, premiums 
established by law, and for the payment of all other matters and things 
which this court have, or shall, either by law or orders, provide for the 
payment of out of the publick treasur}', and for no other purpose what- 
soever ; and the sum of one thousand and four hundred pounds, part £i,4oo for debts 
of the aforesaid sura of fifty thousand pounds, shall be applied for the establishment. 
discharge of other debts owing from this province to persons who ha^'e 
served or shall serve them by order of this court in such matters and 
things where there is no establishment, nor any certain sum assigned 

* Parchment injured. 



200 



Province Laws. — 1744-45. 



[Chap. 21.] 



£600 for repre- 
sentatives. 



Surplusage to 
lie lu the treas- 
ury. 

"Warrants to 
uxprt'ss the 
appropriations. 



£20,700 in 1747. 



£20,700 in 1748. 



£S,000 on ships 
and other ves- 
sels. 

1744-45, chap. 22. 



Tax to be made 
for what is paid 
the represent- 
atives. 



for such service, and for paper, printing, and writing for this court, and 
the expences of committees ; and the sum of six hundred pounds, the 
remaining part of the aforesaid sum of fifty thousand pounds, shall be 
j^pplicd for the payment of the members of the house of representa-- 
tives serving in the general court the several sessions during this year. 

And he it enacted, 

[Sect. 2.] That if there b6 a surplusage in any sum appropriated, 
such surplusage shall lie in the treasury for the further order of this court. 

And be it further enacted, 

[Sect. 3.] That each and every warrant for drawing money out of 
the treasury, shall direct the treasurer to take the same out of such 
sums as are respectively appropriated for payment of such publick 
debts as the draughts are made to discharge ; and the treasurer is 
hereby directed and ordered to pay such money out of such appropria- 
tions as directed to, and no other, upon pain of refunding all such sum 
or sums as he shall otherwise pay, and to keep exact and distinct 
accompts of all payments made out of such appropriated sums ; and 
the secretary, to whom it belongs to keep the muster-rolls and accompts 
of charge, shall lay before the house, when the}' direct, all such muster- 
rolls and accompts after pavment thereof. 

And as a fund and security for drawing the said sum of fifty thou- 
sand pounds into the treasury again, — 

Be it farther enacted, 

[Sect. 4.] That there be and hereby is 'granted to his most excel- 
lent majesty, for the ends and uses aforesaid, a sum of twenty thou- 
sand and seven hundred pounds, to be levied on polls, and estates both 
real and personal, within this province, according to such rules and in 
such proportions on the several towns and districts within the same, as 
shall be agreed upon and ordered by this court at their session in Maj', 
one thousand seven hundred and fort3'-seven, and paid into the publick 
treasury on or before the last day of December then next after. 

And as a further fund and security for drawing the said sum of fifty 
thousand pounds into the treasury again, — 

Be it further enacted, - 

[Sect. 5.] That there be and hereby is granted unto his most excel- 
lent majesty, for the ends and uses aforesaid, a tax of twenty thousand 
and seven hundred pounds, to be levied on polls, and estates both real 
and personal, within this province, according to such rules and in such 
proportions on the several towns and districts within the same, as shall 
be agreed upon and ordered b}' this court at their session in May, one 
thousand seven hundred and forty-eight, and paid into the publick treas- 
ury on or before the last day of December then next after. 

And as a fund and security for drawing in the sum of eight thousand 
pounds, appropriated in this act for the purchasing a ship of force 
for the preservation and defence of the trade of this province (being 
the remaining part of the said sum of fifty thousand pounds), into the 
treasury again, — 

Be it enacted, 

[Sect. G.] That the tax or duty laid upon ships and other vessels in 
and by an act made and passed by this court at their present sessions, 
intitled '• An Act for granting to his ranjesty a duty on tonnage," shall be 
the ftmd and security for sinking and effectually drawing in said sum of 
eight thousand pounds, and for no other purpose whatsoever. 

And as a fund and security for drawing in such sum or sums as shall 
be paid out to the representatives of the several towns, — 

Be it enacted, 

[Sect. 7.] That there be and hereby is granted unto his most excel- 
lent majest}' a tax of such sum or sums as shall be paid the represent- 



[4th Sess.] Province Laws. — 1744-45. 201 

atives aforesaid, to be levied and assessed on the polls and estates of 
the inhabitants of the several towns, according to what their represent- 
atives shall so receive ; which snms shall be set on the towns in the 
province tax, in the years one thousand seven hundred and forty-seven, 
and one thousand seven hundred and fort3'-eight ; and the assessors of 
the said towns shall make their assessment for this tax and apportion 
the same according to the rule that shall be prescribed by act of the 
general assembly for assessing the province tax in the years above- 
said ; and the constables in their respective districts shall pay in the , 
same wlien they pay in the province tax for the years aforesaid, of 
which the treasurer is hereby directed to keep a distinct and separate 
account : and if there be any surplusage, the same shall lie in the 
hands of the treasurer for the further order of this court. 

And be it further enacted^ 

[vSect. 8.] That in case the general court shall not, at their sessions Tax for the 
in May, one thousand seven hundred and forty-seven, and one thousand ^f^rttea!^to''be 
seven hundred and forty-eight, agree and conclude upon an act appor- made a'cconiing 
tioning the several sum's which by this act is engaged shall be in each tax act!"""''^'"^ 
of these several years apportioned, assessed and levied, that then and 
in such case eacli town and district within this province shall pay, by a 
tax to be levied on the polls, and estates both real and personal, within 
their districts, the same proportion of the said sums as the said towns 
and districts shall have been taxed by the general court in the tax act 
then next preceding ; and the province treasurer is herein' fully im- 
powered and directed, some time in the month of June in each of these 
years one thousand seven hundred and forty-seven and one thousand 
seven hundred and fort3--eight, to issue and send forth his warrants, 
directed to the selectmen or assessors of each town and district within 
this province, requiring them to assess the polls, and estates both real 
and personal, within their several towns and districts, for their respect- 
ive part and proportion of the several sums before directed and 
engaged to be assessed by this act ; and the assessors, as also persons 
assessed, shall observe, be governed by and suliject to all such rules 
and directions as shall have been given in the next preceding tax act. _ 

And be it further enacted, 

[Sect. 9.] That the inhabitants of this province shall have libert}-. Taxes to be 
if they see fit, to pay the several sums for which they respectively may, Iraflpcch's^^"' 
in pursuance of this act, be assessed, in bills of credit of the form and herein enumer- 
tenor by this act emitted, or in other new-tenor bills, or in bills of the 
middle tenor, according to their several denominations, or in bills of 
the old tenor, accounting four for one ; or in coined silver, at seven shil- 
lings and sixpence per ounce, troy weight, and of sterling alio}', or in 
gold coin, proportionably ; or in merchantable hemp, flax, winter and 
Isle-of Sable codfish, refined bar-iron, bloomery-iron, hollow iron-ware, 
Indian corn, rye, wheat, barley, pork, beef, duck or canvas, -whalebone, 
cordage, train-oil, beeswax, bayberry-wax, tallow, peas, sheepswool, or 
tann'd sole-leather (the aforesaid commodities being of the produce or 
manufactures of this province), at such moderate rates and prices as the 
respective general assemblies of the 3-ears one thousand seven hundred 
and fort^'-seven, and one thousand seven hundred and forty-eight, shall 
set them at ; the several persons paying their taxes in any of the com- 
modities aforementioned, to run the risque and pay the charge of trans- 
porting the said commodities to the province treasury ; but if the 
aforesaid general assemblies shall not, at their respective sessions in 
May, some time before the twentieth day of June, agree upon and set 
the aforesaid species or commodities at some certain prices, that then 
the eldest councellor, for the time being, of each of those counties in 
the province, of which any one of the council is an inhabitant, together 
26 



202 



Peovince Laws. — 1744-45. [Chap. 22.] 



Treasurer to 
BcU the said 
commodities. 



with the province treasurer, or the major part of them, be a committee, 
Tvho hereby are directed and fully authorized and impowered to do it ; 
and in their settling the prices and rating the value of those commodi- 
ties, to state so much of them, respectively, at seven shillings and six- 
pence as nn ounce of silver will purchase at that time in the town of 
Commodities Boston, and SO j}ro rata. And the treasurer is hereb}' directed to insert 
S.ry,"w'' in the several warrants by him sent to the collectors of the taxes in 
to be rated. thosc years, respectively, with the names of the afore-recited commodi- 
ties, tiie several rates or prices which shall be set on them, either l\v the 
general assembl}' or the committee aforesaid, and direct the aforesaid 
collectors to receive them so. 

[Sect. 10.] And the aforesaid commodities, so brought into the 
treasur}', shall, as soon as may be, be disposed of by the treasurer 
to the best advantage for so much as it will fetch in bills of credit 
hereby to be emitted, or any of the bills of credit aforementioned, or 
for silver or gold, which silver and gold shall be delivered to the pos- 
sessor of said bills in exchange for them ; that is to sa}', one ounce of 
silver coin, and so gold in proportion, for seven shillings and sixpence, 
and so pro rata for a greater or less sum ; and if any loss shall happen 
b}' the sale of the aforesaid species, or ]>y any unforeseen accident, such 
deficiency shall be made good b}' a tax of the year next following, so 
as fully and etiectually to call in the sum of forty-two thousand pounds 
in said bills hereby ordered to be emitted, and for which a tax on polls 
and estates is in this act laid as a fund ; and if there be a surplusage, 
it shall remain a stock in the treasury. [^Passed February 5 ; published 
February 9, 1744-45. 



CHAPTEE 22. 

AN ACT FOR GRANTING TO HIS MAJESTY A DUTY OF TONNAGE ON 

SHIPPING. 



Preamble. 



£8,000 to be 
paid on vessels 
entering' into 
port or harbor 
within this 
province, &c. 



Whereas it appears necessarj- for his majesty's service, and for the 
preservation and defence of the trade of this province, that a ship of 
force, mounting twenty carriage-guns, be provided and made for that 
purpose as soon as possible, and that in order to purchasing such a 
ship, the treasury be forthwith supplied with the sum of eight thousand 
pounds in bills of the last emission, which sum, considering the heavy 
burthen of publick taxes the province now laj^s under, and the increase 
thereof that will be occasioned b}' the yearly support and maintenance 
of said ship, over and above the usual charge, also that the advantage 
of such a ship will chiefly accrue to the trade, it appears but equal and 
just that the same should be repaid into the treasury by a tax or duty 
on shipping ; wherefore, — 

Be it enactedbythe Goveniour, Council and House of Representatives^ 
[Sect. 1.] That from and after the publication of this act, until 
the end of seven years, and as much longer as the war shall continue, 
there be and hereby is granted to his most excellent majest}', for the 
drawing in and sinking the said sum of eight thousand pounds, as also 
towards the charge of maintaining such a ship during the war (if it 
should continue after the said sura of eight thousand pounds is paid) 
the sum of sixpence a ton in silver mone}-, at six shillings and eight- 
pence per ounce, or in lieu thereof, equivalent in bills of ci'edit of this 
province, on all ships and other vessels (excepting common coasters 
and fishing vessels) eutring into port or harbour within this province, 



[4th Sess.] • Peovince Laws. — 1744-45. 203 

other than such as shall clear out of some other port or harbour within 
the same ; and on all coasters trading from harbour to harbour within 
this province, and fisliing vessels, the like sum of sixpence per ton a 
year. 

And to render this act effectual, — 

Be it farther enacted^ 

[Sect, 2.] Tliat the tonnage of all vessels, except fishing and coast- Tonnage of 
ing vessels, shall be measured and taken in manner as is directed in ^{'^1^^'^^.^^ "^^ 
the act for building the lighthouse, passed in the first year of King 1715.16, chap. 4. 
George the First, chapter the tliird ; and the commissioner of impost, 
or his deputy, is hereby' directed and impowered, before he enters any 
ship or vessel that is b}^ law required to enter, to demand and receive 
the duty by this act intended to be paid, and shall certify the same to 
the naval officer, and the said naval officer is hereb}" strictly' forbidden vessels not to 
to clear out any ship or other vessel until the master or owner of such |']^e'^^ut'''is"aid 
ship or vessel shall produce a certificate that he has paid the duty by 
this act designed to be paid ; and in case the master of any ship or 
vessel refuse to enter at the custom-house office as by law obliged, or 
to pay the duty b}^ this act provided, an}' such delinquent or refusing 
master, over and above the penalty by law already provided, shall be 
liable to the action or actions of the impost-officer for the time being, 
for the recovery of the duty by this act imposed, in an}'' of his majest^-'s 
courts of record, or before any justice of the peace, as the nature of 
the case shall require ; to prosecute which action or actions the said 
impost-officer or officers are hereby respectively impowered. 

Be it farther enacted, 

[Sect. 3.] That the selectmen or assessors of every town within Selectmen or 
this province, where any fishing and coasting vessels may belong, are powewd to°tax 
hereby impowered and directed to assess and tax the vessels aforesaid, coasting vessels. 
according to the direction of this act hereinbefore expressed ; the meas- 
ure of the vessel, in case of doubt, to be taken at the cost of the 
respective owners or masters, by the said assessors, unless the account 
of their measure first given in, be just and true (in which cases the 
charge to be born by the respective towns) ; and the said assessment and 
tax, when made, to commit to the constable or collectors of their towns 
respectively, who are hereb}' impowered and obliged to collect the same 
of the master or other person having the principal care thereof, and pay 
it into the province treasury ; and the said assessors are further required 
and directed to transmit to the province treasurer, yearl}-, a list of eVery 
vessel b}' them, according to the tenor of this act, assessed and taxed, 
together with a certificate of the name or names of the constable or 
collectors to whom the said assessment shall have been b}' them com- 
mitted to collect : and the province treasurer is hereby impowered and 
directed to issue out his warrants for the recoveiy of the said duty or 
tax assessed as aforesaid on any coasting and fishing vessels against 
any delinquent constables or collectors as is by law in other cases made 
and provided. 

Provided, nevertheless, 

[Sect. 4.] This act shall not be construed to exempt any vessel Proviso, 
aforesaid from being taxed as vessels heretofore. \^Passed April 5 ; 
published Ajiril 6, 1745. 



204 



Province Laws.— 1744-45. • [Chap. 23.] 



CHAPTEK 23, 



AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF FIFTY 
THOUSAND POUNDS, FOR DISCHARGING THE PUBLIC[K] DEBTS, &c., 
AND FOR DRAWING IN THE SAID BILLS INTO THE TREASURY AGAIN. 



£50,000 in bills 
of credit, to be 
emitted. 



Appropriation 
of this emission. 



Surplusage to 
lie in the treas- 
ury. 



Warrants to 
express the 
appropriations. 



£25,000 in 1749. 



£25,000 in 1750. 



Be it enacted by the Governorir, Council and House of Representatives, 

[Sect. 1.] That the treasurer be and hereby is impowered and 
ordered to emit and issue forth the sum of fifty thousand pounds in 
bills of credit of the last tenor and date, now lying in his hands, and 
received for taxes, impost and excise, which shall pass in all pul)lic[k] 
payments, equal to other new-tenor bills emitted since one thousand 
seven hundred and fort}', or if there be not a sufliciency of such bills, 
that then the committee appointed l\y this court for signing bills are 
hereby directed and impowered to take care and make effectual pro- 
vision, as soon as may be, to imprint the said bills, or so many as may 
be needed to compleat the said sum, and to sign and deliver the same 
to the treasurer, taking his receipt for the same ; and the said committee 
shall be under oath for the faithful performance of the trust bj' this act 
reposed in them. And the said sum of fifty thousand pounds shall be 
issued out of the public [k] treasury in [the] manner and for the pur- 
poses following ; viz^^'^., for the payment of otficers and soldiers, trans- 
ports and wages of seamen, and for purchasing provisions and all 
needful warlike stores for the canning on an expedition against Cape 
Breton, pursuant to such grants as this court hath or shall hereafter 
make for that purpose, or in case the expedition should be prevented, 
that then the remaining' part of the said sum of fifty thousand pounds 
shall be applied for the payment of grants made by this court. 

And be it enacted, 

[Sect. 2.] That if there be a surplusage in any of this sum appro- 
priated, such surplusage shall l[3'][ie]e in the treasury for the further 
order of this court. 

And be it farther enacted, 

[Sect. 3.] That each and ever}^ warrant for drawing this money out 
of the treasuiy, shall direct the treasurer to take the same out of the 
aforesaid sum as is directed, and no other, upon pain of refunding all 
such sum or sums as he shall otherwise pay, and to keep exact and dis- 
tinct' accompts of all paj-ments made out of the aforesaid sum. • And 
the secretary, to whom it belongs to keep the muster-rolls and accompts 
of charge, shall lay before the house, when they direct, all such muster- 
rolls and accompts, after payment thereof. 

And as a fund and security for drawing the aforesaid sum of fifty 
thousand pounds into the treasury again, — 

Be it further enacted, 

[Sect. 4.] That there be and hereby is granted [un]to his most 
excellent majest}', for the ends and uses aforesaid, a tax of twent3'-five 
thousand pounds, to be levied on polls, and estates both real and per- 
sonal, within this province, according to such rules and in such propor- 
tions on the several towns and districts within the same, as shall be 
agreed upon and ordered b}^ this court at their session in May, one 
thousand seven hundred and forty-nine, and paid into the publick treasury 
on or before the last day of December then next after. 

And as a further fund and security for drawing the aforesaid sum of 
fifty thousand pounds into the treasury again, — 

Be it farther enacted, 

[Sect. 5.] That there be and hereby is granted unto his most excel- 
lent majesty, for the ends and uses aforesaid, a tax of twenty-five thou- 



[4th Sess.] Province Laws. — 1744-45. 205 

sand pounds, to be levied on polls, and estates both real and personal, 
■within this province, according to such rules and in such proportions, 
on the several towns and districts within the same, as shall be agreed 
upon and ordered by this court at their session in Ma}', one thousand 
seven hundred and fiftj', and paid into the publick treasLuy on or before 
the last day of December then nest after. 

And be it further enacted., 

[Sect. C] That in case the general court shall not, at their sessions Tax for the 
in May, one thousand seven hundred and forty-nine, and one thousand pmitte</^r'"h^ 
seven hundred and fifty, agree and conclude upon an act apportioning made according 
the several sums which by this act is engaged shall be, in each of these lax act." '^'^'^'''"^ 
several years, apportioned, assessed and levied, that then and in such 
case each town and district within this province shall pay, by a tax to 
be levied on the polls, and estates both real and personal, within their 
districts, the same proportion of the said sums as the said towns and 
districts shall have been taxed by the general court in the tax act then 
next proceeding. And the province treasurer is hereby fully impowered 
and directed, some time in the month of June in each of these j'ears, 
one thousand seven hundred and fortj'-nine, and one thousand seven 
hundred and fifty, to issue and send forth his warrants, directed to the 
selectmen or assessors of each town and district within this province, 
requiring them to assess the polls, and estates both real and personal, 
within their several towns and districts, for their respective part and 
proportion of the several sums before directed and engaged to be 
assessed b}^ this act ; and the assessors, as also persons assessed, shall 
observe, be governed by, and subject to all such rules and directions as 
shall have been given in the next preceding tax act. 

And he it further enacted^ 

[Sect. 7.] That the inhabitants of this province shall have liberty, Taxes to be 
if they see fit, to pay the several sums for which they respectively may, e^f JVdcs^'^^' 
in pursuance of this act, be assessed, in bills of credit of the form and herein euumer- 
tenor by this act emitted, or in other new-tenor bills, or in bills of .the ^*°'^" 
middle tenor, accoi^ling to their several denominations, or in bills of the 
old tenor, accounting four for one ; or in coined silver, at seven shillings 
and sixpence per ounce, troy weight, of sterling alio}', or in gold coin 
proportionably ; or in merchantable hemp, flax, winter and Isle-of-Sable 
codfish, refined bar-iron, bloomery-iron, hollow iron-ware, Indian corn, 
rye, wheat, barley, pork, beef, cluck or canvas, whalebone, cordage, 
train-oil, beeswax, bayberry-wax, tallow, peas[e], sheepswool, or 
tan[n]'d sole-leather (the aforesaid commodities being of the produce 
or manufactories of this province), at such moderate rates and prices as 
the respective general assemblys of the years one thousand seven hun- 
dred and forty-nine, and one thousand seven hundred and fifty, shall 
set them at ; the several persons paying their taxes in and of the com- 
modities aforementioned, to run the risque and pay the charge of trans- 
porting the said commodities to the province treasury ; but if the 
aforesaid general assembl[y][2e]s shall not, at their respective sessions 
in May, some time before the twent[y][i]eth day of June, agree upon 
and set the aforesaid species or commodities at some certain prices, 
that then the eldest councellor, for the time being, in each of those 
counties of the province, of which any one of the council is an inhabi- 
tant, together with the province treasurer, or the major part of them, 
be a committee, who [are] hereby [are] directed and fully authorized 
and impowered to do it ; and in [their'] setting the prices and rating the Commodities 
value of those commodities, to state so much of them, respectively, at {',.™'^urv,''how'^ 
seven shillings and sixpence as an ounce of silver will purchase at that to iie rated, 
time in the town of Boston, and so pro rata. And the treasurer is 
hereby directed to insert in the several warrants by him sent to the col- 



206 



Province Laws . — 1 744-45 . 



[Chap. 24.] 



Treasurer to 
soil the said 
commodities. 



lectors of the taxes in those years, respectively, with the names of the 
afore-recitod commodities, the several rates or prices which shall be set 
on them either by the general assembly, or the committee aforesaid, and 
direct tlie aforesaid collectors to receive them so. 

[Sect. 8.] And the aforesaid commodities so brought into the 
treasury, shall, as soon as may l)e, be disposed of by the treasurer 
to the best advantage for so much as it will fetch in bills of credit 
hereby to be emitted, or any of the bills of credit aforementioned, 
or for silver or gold, which silver and gold shall be delivered to 
the possessor of said bills in exchange for them ; that is to say, one 
ounce of silver coin, and so gold in proportion, for seven shillings 
and sixpence, and so pro rata for a greater or less sum ; and if 
any loss shall happen by the sale of the aforesaid species, or by any 
unforeseen accident, such deficiency shall be made good by a tax of the 
j-ear next following, so as fally and effectually to call in the sirm of 
fifty thousand pounds in said bills liereby ordered to be emitted, and for 
which a tax on polls and estates is in this act laid as a fund ; and if 
there be a surplusage, it shall remain a stock in the treasury. [Passed 
March 9, 1744-45 ; published April 6, 1745. 



CHAPTEK 24. 

AN ACT FOE, GRANTING A SUM FOR THE PAY OF THE MEMBERS OF 
THE COUNCIL AND HOUSE OF REPRESENTATIVES, IN GENERAL 
COURT ASSEMBLED, AND FOR ESTABLISHING THE WAGES, &c[a]., OF 
SUNDRY PERSONS IN THE SERVICE OF THE PROVINCE. 



Paj-of the mem- 
bers of the 
council. 



Pay of the rep 
resentativee. 



Pay of the offl- 
cerc and soldiers 
at Castle Will- 
iam. 



Be it enacted hy the Gover7iour, Council and House of Represent- 
\_ati'\ves, 

[Sect. 1.] That from the beginning of the present session of the 
general court, unto the end of their several sessions, 'till May next, 
each member of the council shall be entitled to four shillings and six- 
pence per diem, to be paid out of the public[k] treasury, by warrant, 
according to the direction of the royal charter, upon certificate given by 
the secretary of the number of days of such member's attendance, and 
travel to and from the court, twenty miles to be accounted a day's travel. 

And he it further enacted, 

[Sect. 2.] That each member of the house of represent[a^^]ves 
serving the time afores[ai]d, shall be paid three shillings per diem, upon 
certificate given hy the clerk of the house of represent[a?i]ves of the 
number of days of such member's attendance, and travel to and from 
the court, twenty miles to be accounted a da^-'s travel. 

And he it further enacted, 

[Sect. 3.] That the wages of the captain of Castle William shall be 
after the rate of sixty pounds per annum, from the nineteenth day of 
November, one thousand seven hundred and forty-four, to the twentieth 
day of March, one thousand seven hundred and'forty-four ; pf the lieu- 
tenant, for that term, forty pounds ; of the chaplain, forty pounds ; of 
the gunner, fifty pounds ; of the gunner's mate, forty "shillings per 
month ; of four ser[g][j]eants, each thirty shillings per mouth ; of six 
quarter-gunners, each thirty shillings per month ; of six corporals, each 
twenty-six shillings and sixpence per month ; two drummers, each 
twent3'-six shillings and sixpence per month ; of one armourer, forty 
shillings per month ; of forty centinels, each twenty-two shillings and 
sixpence per month : for their subsistence, sis shillings and threepence 
per week per man. 



[4th Sess.] Province Laws. — 1744-45. 207 

And be it further enacted, 

[Sect. 4.] That the wages of the captain of Richmond Fort, from Richmond Fort, 
the nineteenth day of Nov[e??i?^(?]r, one thousand seven hundred and 
forty-four, to the twentieth day of March, one thousand seven hundred 
and forty-four, shall be at the rate of fort}^ shillings per month ; of one 
ser[g][./]eant, twenty -five shillings per month ; of one corporal, twenty- 
four shillings per month ; of one armourer, thirty shillings per month ; 
and for the chaplain, twenty-five pounds per annum ; of one interpreter, 
fifteen shillings per month, being a centinel ; and of twelve centinels, 
twenty-two shillings and sixpence per month. 

And he it further enacted, 

[Sect. 5.] That the wages of the captain of the truck-house on George's River. 
George's River, from the nineteenth day of Novem[6e]r, one thousand 
seven hundred and fortv-four, to the twentieth day of March, one thou- 
sand seven hundred and fort3'-four, shall be at the rate of forty shillings 
per month ; of one lieutenant, twenty-six shillings per month ; of one 
ser[g] [,/]eant, twenty-five shillings per month ; of two corporals, each 
twenty-four shillings i^er month ; of thirty-three centinels, each twenty- 
two shillings and sixpence per month ; of one armourer, fourteen 
shill[«i]gs per month, he being lieutenant ; of one interpreter, thirty 
shillings per month ; and of the chaplain there, twenty-five pounds per 
annum. 

And he it further enacted, 

[Sect. 6.] That the wages of the commanding officer of the fort Brunswick Fort. 
at Brunswick, from the nineteenth day of Novem[&e]r, one thousand 
seven hundred and fortj'-four, to the twentieth day of March, one thou- 
sand seven hundred and forty-four, shall be at the rate of forty shillings 
per month ; of seven centinels, each twenty-two shillings and sixpence 
per month ; one ser[g][j]eant, at twenty-five shillings per month. 

And he it further enacted, 

[Sect. 7.] That the wages of one ser[g][./]eant at the truck-house Saco truck- 
at Saco, from the nineteenth day of Novem[6e]r, one thousand seven ^°^^^- 
hundred and forty-four, to the twentieth day of March, one thousand 
seven hundred and fort3'-four, shall be at the rate of thirty shillings per 
month ; of one corporal, twenty-four shillings per month ; of eight 
centinels, each twenty-two shill[m]gs and sixpence per month. 

And he it further enacted, 

[Sect. 8.] That the wages of the commanding officer at Frederick Frederick Fort. 
Fort, from the nineteenth da^^ of Nov[em6e]r, one thousand seven hun- 
dred and forty-four, to the twentieth day of March, one thousand seven 
hundred and Ibrty-four, shall be at the rate of forty shillings per month ; 
and of the chaplain there, fifteen pounds per annum ; and of twenty-one 
centinels, each at twent^'-two shillings and sixpence per month. 

And he it further enacted, 

[Sect. 9.] That the wages of the captain of the sloop in the Country's sloop, 
country's service, from the nineteenth day of Nov[em&(3]r, one thousand 
seven hundred and forty-four, to the twentieth day of March, one thou- 
sand seven hundred and forty-four, shall be at the rate of fifty shillings 
per month ; of the mate, thirty shillings per month ; of eight sailors, 
each twent^^-five shillings per month ; for the sloop, seven pounds ten 
shillings per month. 

And be it further enacted, 

[Sect. 10.] That the wages of the captain of the province snow, Province snow. 
from the twentieth day of November, one thousand seven hundred and 
forty-four, to the twentieth day of March, one thousand seven hundred 
and fort^'-four, shall be at the rate of five pounds ten shillings per 
month ; the lieutenant, three pounds ten shillings per month ; the gun- 
ner, two pounds eighteen shillings per month; the boatswain, two 



208 



Province Laws. — 1744-45. 



[Chap. 25.] 



Oath to ha 
made, &c. 



pounds fifteen sliillings per month; two sailors or foremast men, each 
forty shillings per month. 

And be it further enacted, 

[Sect. 11.] That before payment of an}^ muster-roll be allowed, 
oath be made b}' the officer or person presenting such roll, that the ofR- 
cers and soldiers boru on such roll, have been in actual service for the 
whole time the^^ stand entred thereon. \^Passed April 5 ; published 
April 6, 1745. 



CHAPTER 25. 



AN ACT TO PREVENT MISCHIEF BEING DONE BY UNRULY DOGS, 



Preamble. 
1737-38, chap. 10. 



Doe or bitch to 
lie killed when 
found out of the 
inspection of 
the owner. 



Owners of any 
dog or hitch to 
pay damages. 



Action not to be 
brought, &o. 



Proviso. 



Limitation. 



Whereas much dam[??i]age has been done by unruly dogs in worry- 
ing, Avounding, and killing neat cattle, sheep and lambs within this 
province, to tlie great loss of man}' persons, the owners of such crea- 
tures ; for the preventing whereof, — * 

Be it enacted bj/ the Governoitr, Council and lionise of Representatives, 

[Sect. 1.] That from and after the publication of this act, it shall 
and may be lawful to and for any person or persons within this prov- 
ince, to kill and destro}' any dog or bitch whatsoever that shall be found, 
out of the immediate care and inspection of its owner or keeper, within 
or crossing over any common land, field or inclosure (excepting the land 
of the owner of such dog or bitch), in the day-time; or that shall be 
found, between sunset[t] and sunrise, anywhere out of the care and inspec- 
tion of its owners as aforesaid ; and if the owner of such dog or bitch, 
being known and informed, within eight hours next after, of his or her 
dog or bitch's being seen out of the care and inspection as aforesaid, 
and oath made thereof before some one justice of the peace (or town 
clerk, who is hereby impowered to administer and certify the same), and 
shall refuse to kill, or cause to be kill[e]d, his dog or bitch forthwith, 
shall forfeit and pay the sum of fort}' shillings to the person who shall 
inform and sue for the same by bill, plaint or information, before anj' 
of his majesty's justices of the peace in the county where the owner .of 
such dog or bitch dwells. 

And be it further enacted, 

[Sect. 2.] That the owner of any dog or bitch that shall tear or kill 
any calves or neat cattle, sheep or lambs, shall be liable to pay treble 
dam[m]ages to the person or persons injured, to be heard and tried 
before any of his majesty's justices of the peace in the county where the 
owner of such misch[ei][«e]vous dog or bitch dwells, if the dam[j)i]age 
exceeds not forty shillings ; and where the dam[m]age exceeds that 
sum, before any of his majesty's courts of record in the count}' where 
the owner dwells as aforesaid, upon bill, plaint, writ[t] or information 
as aforesaid. 

And be it further enacted, 

[Sect. 3.] That no action shall l[y][^]e, be heard or tried at any 
court within this province against such person who shall or may kill or 
destroy any dog or bitch found as aforesaid ; but shall be utterly barred 
by virtue of this act. 

Provided, nevertheless, 

[Sect. 4.] That this act shall not extend to or be in force in any 
town in the county of York, anything before therein contained to the 
contrary notwithstanding. 

[Sect. 5.] This act to continue and be in force for the space of ten 
years from the publication thereof, and thence to the end of the then 



[4th Sess.] - PROVINCE Laws. — 1744-45. 20^ 

next session of the general court, and no longer. [Passed April 5 ; 
published April 6, 1745. 



CHAPTER 26. 

AN ACT TO PREVENT NEAT CATTLE AND HORSES RUNNING AT LARGE 
AND FEEDING ON THE BEACHES ADJOINING TO EASTERN-HARBOUR 
MEADOWS, IN THE TOWN OF TRURO.* 

Whereas there are certain meadow-lands within the township of Preamble. 
Truro, in the county of Barnstable, called Eastern-Harbour Meadows, i73s.39,chap.i6. 
on which many of the inhabitants, of said town depend for their ha}-, 
and the said meadow-land lies adjoining to two long, sandy beaches, on 
which no fence can well be made to stand, and by reason of cattle and 
horses trampling and feeding there the beach grass, which was wont to 
prevent the driving of the sand from the beaches to the meadows, is 
destroyed, and a great part of the meadows already covered with sand, 
and become useless for grass, and the whole in danger of being buried 
with the sands, if not timely prevented, — 

Be it therefore enacted by the Governour, Council cmd House of Rep- 
resent[cUi']ves^ 

[Sect. 1.] That from and after the publication of this act, no per- Penalty for 
son shall presume to turn or drive any neat cattle or horses upon the JfoTseliimi'to °' 
said beaches or meadows to feed, or leave them at large there, on the feed at large on 
penalty of ten shillings a head for all neat cattle and for every horse- xr'uro!'"^"'^' '" 
kind so turn[e]d upon ^ny of the said beaches or meadows to feed, or 
that shall be found at large there ; which penalty may be recovered by 
any of the proprietors of said beaches or meadows, one moiety thereof 
to be to the informer that shall sue for the same, and the other moiety 
to be to and for the use of the poor of the town of Truro. 

And be it further enacted^ 

[Sect. 2.] That it shall be lawful for any owner or proprietor of Cattie, &c., to 
the said meadows or beaches, or other person, finding any cattle or If fou3 feeding 
horse-kind feeding or going at large upon the beaches or meadows afore- »* 'aige. 
8[ai]d, or any of them, to impound the same ; and the person or per- 
sons impounding them shall give public[li] notice thereof in the town 
of Truro and in the two next adjoining towns ; and shall rel[ei][«e]ve 
said creatures whilst impounded, with suitable meat and water ; and 
the owner thereof appearing, he shall pay to the impounder two shil- 
lings and sixpence dam [m] ages for each head of neat cattle or horse- 
kind so impounded, and costs of impounding them ; and if the owner To be sold if no 
do not appear within the space of six days and pay the dam [m] age "^'^^^ ^pp*^'""'*- 
and costs occasioned by impounding the same, then and in every such 
case, the person or persons impounding such cattle or horse-kind shall 
cause them to be sold at publick vendue for paj-ing such dam [7)1] ages 
and costs, and the charge arising by such sale (public [k] notice of the 
time and place of such sale being given forty-eight hours beforehand) 
and the overplus, if any be, to be returned to the owner of such cattle 
or horse-kind, on his demand, at any time within twelve months next 
after the sale ; and if no owner shall appear within the said twelve 
months, then one moiety of the overplus shall be to the party impound- 
ing, and the other moiety thereof to the use of the poor of the town of 
Truro. 

And be it further enacted, 

[Sect. 3.] That the proprietors of the said meadows and beaches. Proprietors of 
and the proprietors of the lotted land on the Cape, shall make and ^c^.^to make^' 

* See note to chapter 27, post. 
27 



210 



Pkovince Laws. — 1844-45. 



[Chap. 27.] 



and maintain 
fences. 



Limitation. 



maintain a sufficient fence, in equal proportion betwixt them, or other- 
wise prevent their cattle from passing to the eastward of the westerly 
part of Strout's Meadow, so called, and the proprietors of the afore- 
s[a;']d meadows, with the proprietors of Truro, not having right in 
said meadows, that turn horses or cattle on the commons there, be 
lilvewise obliged to erect and maintain a fence that shall prevent horses 
and cattle from passing to the westward of the east end of Eastern- 
Harbour Meadows, or otherwise to restrain them from feeding or going 
at large there, on pain of incurring the penalty afores[ai]d for each head 
of cattle or horse-kind that shall be found there, and of having them im- 
pounded and otherwise proceeded with in manner as before mentioned. 
[Sect. 4.] This act to continue in force five years from the publica- 
tion thereof, and from thence to the end of the next session of the 
general court, and no longer. [Passed Ajrril 5 ; published April 6, 
1745. 



CHAPTER 27. 



Preamble. 
1740-41, cliap. 15. 



Pound to be 
kept and main- 
tained by the 
solectmen of 
Provincetown. 



Constable to 
make search for 
horses, &c. 



What cattle 
may feed on the 
lands. 



Forfcituve for 
cutting or car- 
rying off bruBh. 



AN ACT IN ADDITION TO THE ACT FOR PREVENTING DAM[M]AGE TO 
THE HARBOUR OF CAPE COD, BY CATTLE AND HORSE-KIND FEED- 
ING ON PROVINCETOWN LANDS. 

Whereas the provision made in and by the act [e][i]ntitled " An 
Act to prevent dam[??i]age being done to the harbour of Cape Cod," 
made and pass[e]d in the fourteenth year of his present majesty's 
reign, has been found ineffectual for that end, — 

Be it therefore enacted by the Governour, Council and House of Repre- 
sent\_ati']ves, 

[Sect. 1.] That a sufficient pound be kept and maintained by the 
selectmen of Provincetown, in such part of said town as they shall 
judge most commodious for the inhabitants, for impounding of crea- 
tures that shall be suffered to feed on the lands there, whether upland, 
meadow or beach, contrary to the afores[ai]d act; and that the rea- 
sonable charge of the erecting and maintaining the same be repaid them 
out of the publick treasury by warrant from the governour, with the 
advice and consent of the council. 

And be it further enacted^ 

[Sect. 2.] That the constable of Provincetown for the time being 
shall, and he is hereby strictly required to, take effectual care that the 
afores[ai]d act be put in execution for preventing dam [?)i] age to the 
harbour aforesaid ; as also one day in every week, from the first of 
April to the last of Octo[&eJr, to make diligent search for horses and 
cattle on Provincetown lands, and to cause such of them to be 
impounded as by this act are not allowed to feed there ; and such con- 
stable, for every day he shall faithfuUj'^ attend said service and make 
oath thereof before a justice of the peace, shall be allowed one shilling 
and threepence, to be paid out of the publick treasury. 

[Sect. 3.] And the inhabitants of said Provincetown are hereby 
allowed to keep and to suffer to feed on the lands there, one bull and 
three j'oke of oxen amongst the inhabitants in general, as also one 
horse and one cow for each family, and no more ; save that such person 
as shall have licence to keep an house of publick entertainment, shall 
have liberty to keep two cows during the continuance of such his 
licence. 

And he it further enacted^ 

[Sect. 4.] That whosoever, after the publication of this act, shall 
presume to cut down or carry off any trees, poles or brush from any 



[4th Sess.] Province Laws. — 1744-45. 211 

part of the land within the bounds of Provincetown or Cape Cod, 
standing or growing there within one hundred and sixty pole from 
high-water mark, shall forfeit and pay the sura of five shillings for 
every tree or pole, and one shilling for every bush so cut or carried off ; 
the one-half of said forfeiture to be to him or them that shall inform 
and sue for the same, and the other half to be to and for the use of the 
poor of the said town of Provincetown, to be recovered before a justice 
of the peace of the same count}'. 

[Sect. 5.] This act to continue and be in force one year from the Limitation. 
publication thereof, and from thence to the end of the next session of 
the general court, and no longer. [Passed April 5 ; published April 
6, 1745. 



CHAPTEE 28. 

AN ACT TO REGULATE THE PAY OF SOLDIERS AND MARINERS, AND 
TO PREVENT FRAUD THEREIN. 

Whereas no direction is given in the law how soldiers and mariners. Preamble, 
serving his majesty iu the pay of this province, shall receive their i"ii-45, chap. 7. 
wages, — 

Be it enacted hy the Governour, Council and House of Represent- 
\ati'\ves, 

[Sect. 1.] That during the next two years after the publication of Howsoidiers^ 
this act, when any muster-roll for the wages of the soldiers and mar- wagS"a"e to^be 
iners serving this province is pass[e]'d and allowed, and a warrant paid. 
granted for the payment thereof, the province treasurer shall pay to 
the soldiers and mariners born thereon the sums respectively due to 
them, either to him or them in person, or to his or their express order 
in writing, and not otherwise. 

And to prevent the said treasurer being imposed on by counterfeit 
orders, or by persons who may pretend to have been in the publick 
service when they have not, — 

Be it further enacted^ 

[Sect. 2.] That no soldier or mariner appearing in person, or send- Certificate to be 
ing his order as afores[ai]d, shall be allowed to receive his wages ^aymem! ''^^°'^* 
until [1] he produce a certificate either from under the hand of the cap- 
tain or chief commanding officer that impressed, or inlisted and sent 
him out, or under the hand of one or other of the commission officers 
under whom he served, setting forth that he was impressed, or inlisted 
land sent out, or that he did actually serve his majesty as aforesaid, 
which certificate shall be given by the afores[ai]d officers without fee or 
demand. 

And to enable parents, guardians, and masters to receive the wages 
due for their»sons under age, wards or servants, as also to prevent such 
sons, wards or servants from receiving or mispending the same, — 

Be it further enacted., 

[Sect. 3.] That when and so often as any son under age, ward or Commanding 
servant, consequent on the captain-general's order, during the time certTfiw/'who 
afores[ai]d, shall be impress [e]'d, or inlisted and sent out, the com- ^J^gg^^^jj^^'''''^^' 
manding officer or officers, out of whose regiment or company they shall 
be taken, shall certify in writing, and cause to be transmitted to the 
chief commanding officer or officers to whom they are sent, by him or 
them to be transferred to the officer or officers under whom they are to 
serve, not only the names of such sons, wards or servants, but that they 
are sons, wards or servants, and what towns or places their fathers, guar- 



212 



Province Laws. — 1744-45. 



[Chap. 29.] 



Proviso. 



dians or masters then live in ; and the commanding officer or officers 
under whom they serve shall, from time to time, specif}^ the same on 
the muster-roll when it is presented for allowance ; and everj^ father, 
guardian or master of any such son, ward or servant may demand and 
receive the same, either in person or by his order, in manner as afore- 
said ; and no such son, ward or servant, employed as afores[ai]d, shall 
be allowed to receive, either in person or by his order, any part of his 
wages of s[c«']d treasurer without express allowance, in writing, from 
his parent, gnardian or master for that purpose. 

Provided^ nevertheless^ — 

[Sect. 4.] That any captain or chief commanding officer, under 
whom such son under age, ward or servant shall serve, may, if he sees 
it needful[l], allow him or them to receive and take up, of him or some 
other person, things necessary for his comfortable subsistence, in cloath- 
ing, (fcc"^"^., at reasonable prices, the one-half of his wages as they shall 
become due from time to time. \_Passed April 5 ; published April 6, 
1745. 



CHAPTER 29. 

AN ACT IN FURTHER ADDITION TO AN ACT ASCERTAINING THE VALUE 
OF MONEY, AND OF THE BILLS OF PUBLIC[K] CREDIT OF THIS PROV- 
INCE. 



Preamble. Whereas notwithstanding the provision that is made in and by an 

1741-42, chap. 12. act pass'd in the fifteenth year of his present majesty's reign, [e]p]n- 
titled " An Act to ascertain the value of money, and of the bills of 
publick credit of this province, granted this present year for the supply 
of the treasury, and for securing the credit of said bills," for securing to 
any creditor or creditors what the bills of credit might sink or depre- 
ciate in their value between the time of contracting the debt and the 
payment thereof, it has been a frequent practice for creditors to exact 
and take of their debtors, for the loan of any sum or sums of money 
lent, and for forbearance of their debts, more than six per cent, by 
which practice some of the good and wholesome laws of this province, 
and the equitable intent and designs of them, are eluded, and great 
oppression and injustice introduced, to the reproach of this government ; 
now, for the prevention thereof for the future, — 

Be it enacted by the Governour, Council and House of Represent- 
[citi']ves^ 

[Sect. 1.] That in all actions hereafter to be brought for the recover- • 
ing any debt or sum due upon bond, or otherwise contracted and payable 
in bills of credit since the thirtj'-first day of March, one thousand 
seven hundred and forty-two, or that may be contracted within five 
years of that date, if the debtor will tender his oath in court that the 
creditor has received anything for the loan or forbearance of such debt, 
either in money, bills, goods, or by any new bond, bill, note of hand, 
order, or under colour of being paid for any service or thing, or by keep- 
ing back any part of the sum specified to be jjaid in the condition of 
any bond or other specialty, or by any other way or means whatsoever, 
either directly or indirectly, more than six pounds for the loan or 
forbearance of one hundred pounds for a year, and so after that rate 
for a greater or less sum, or for a longer or shorter time, then and in 
such case, unless the [creditor] [_oii:iner'] will make oath to the contrary, 
judgment shall be made up only for the exact nominal sum received by 
or due from the debtor, with lawful [1] interest for the same, if it be 



No allowance to 
be made for the 
(U'pveciating 
of the bills 
•where anything 
h:is been al- ^ 
lowed already 
for it. 



[4th Sess.] Province Laws. — 1744-45. 213 

pa3'able with interest, but if the creditor will tender and actually give 
his oath as afores[ca']d, then judgment shall be entred up for the full 
value of said debt, as it was at the time of contracting the same. 

And loliereas there may be debts and sums payable in bills of credit Preamble. 
or lawful money yet due and owing from man to man, that were con- 
tracted before the s[oi]d [olst] [thirty-jirst] day of March, one thou- 
sand seven hundred and forty-two, and no provision made in the law 
for making good to the creditors what the bills, in which such debts or 
sums might be discharged, have depreciated or fallen ; and inasmuch 
as it appears just and equal that the loss and dam[m]age arising to 
such creditors by the falling and depreciating of the bills of credit 
since the s[ca']d thirty-first day of March, should be made good, — 

Be it further enacted, 

[Sect. 2.] That in all such cases it shall be in the power of the Provision for 
justices of the several courts within this province, to make up judg- {he'vaful'o'/the 
mfejilt for such additional sum or sums as the sfand bills shall be debts before 

March 31 IT-A*"* 

found to have depreciated from the s[ai]d [31st] [tliirty-first'] day of ' 

March, until [1] the time of making up such judgm[e?i]t, but not for 
any other or longer time ; in w[/ii]ch judgment the same rule shall be 
observed as in case of debts contracted after the said thirty-first day 
of March, as in this act is before provided : saving always to the 
debtor the same rel[ei][«e]f in case he has in any manner or way, 
directly or indirectly, paid or allowed more than six per cent as afore- 
s[ai]d, as is provided for him in this act respecting any debt or sum 
that was contracted or agreed upon after the said thirt3^-first day of 
March. 

And ivhereas many of his majest3''s subjects in this province, from Preamble, 
an apprehension that the bills of credit of the new tenor were to be 
valued, taken and esteemed as lawful money, from wh[zc]h apprehen- 
sions many persons have obliged themselves, by their bonds and other- 
ways, to pay lawful money where nothing but sicn'jd bills were received, 
or goods for w[/u]ch the creditor would have received bills in payment, 
nor was anything else intended or expected by either party at the time 
of contracting the debt ; notwithstanding which, some of the executive 
courts of this province have, contrary to the expectation and intention 
of the parties as afores[aQd, made up their judgments on said debts 
for lawful money only, and construed the same not to be payable in 
said bills, wherebj^ the debtor has been capable of discharging or satis- 
fying the execution only with silver, the extream scarcit}' of which 
renders it almost impracticable to satisfy the debt without paying such 
additional sum to the creditor as he will be pleased to take in said bills, 
much to the debtor's oppression, which this government ought to pre- 
vent ; wherefore, — 

Be it enacted, 

[Sect. 3.] That when any sum or sums of money, due or contracted Judgment to be 
for since the first emission of the said new-tenor bills, in the j'ear one bius'wiiere °'' 
thousand seven hundred and forty-one, or that shall be contracted for silver was not 

t/ Igdi or rGCGivGci* 

within the space of five j'ears from that date, on bond, bill, note, or 
otherwise, whether with interest or without, if the debtor Avill tender 
his oath that he received of the creditor no silver on which said debt or 
sum then sued for arose, or that it was not agreed by the parties that 
silver should be paid in discharge of such debt or sum due, that then 
and in every such case, unless the creditor will, bond fide, make oath 
that silver was received or agreed for, and understood, and intended to 
be paid by the parties at the time of contracting the s[ai]d debt or 
agreem[e?i]t for the sum sued for, the judgm[en]t shall be given for 
bills of credit or lawful money at the debtor's election, allowing in 
such judgm[e?i]t for what the s[ai]d bills may have depreciated from 



214 



Peovince Laws.— 1744-45. [Chap. 30.] 



the [31st] [thirty-first'] day of March, one thousand seven hundred and 
Saving. fort3"-two, to the time the judgm[e?^]t is made up : saving ahvays to the 

debtor the same rel[ei][{e]f in cases of this nature which is by this act 
already provided for him where more than six per cent has been paid 
for the loan or forbearance of any sum as aforesaid. [Passed January 
9, 1744-45. 



CHAPTEK 30. 



AN ACT FOR THE MORE SPEEDY EXTINGUISHMENT OF FIRE, AND 
PRESERVING GOODS [E][7]ND ANGERED BY IT. 



Preamble. 
1711-12, chap. 5. 



All towns em- 
powered to 
choose fire- 
wards. 



Their duty. 



Penalty for re- 
fusing to assist 
them in extin- 
guishing of fire. 



Penalty for per- 
sons' purloining 
or concealing 
goods saved 
from the fire. 



Whereas the contiguity or nearness of houses in many towns in this 
province makes it difficult, when they accidentally take fire, to preserve 
them, and prevent its spreading, by reason of the inhabitants being 
terrififed by so grievous a calamity, and the want of proper persons 
appointed to direct such as may be ready to assist ; and moreover ill- 
minded persons take the advantage of the hurry and confusion attend- 
ing such accidents to plunder, and to embezzle the goods of their 
distressed neighbours ; wherefore, — 

Be it eyiacted by the Governoicr, Council, and House of Represent- 
[ati^ves, 

[Sect. 1 .] That the several towns within this province may, if they 
see fit, at their anniversary meeting in March, annually appoint a suit- 
able number of persons, not exceeding ten, who shall be denominated 
fire-wards, and have each, for a distinguishing badge of the office, a 
staff of five feet long, painted red, and headed with a bright brass spire 
six inches long. 

[Sect. 2.] And the fire-wards aforementioned are hereby required, 
upon notice of the breaking forth of fire, taking with them their badges 
respectively, immediately to repair to the place, and vigo[u]rously exert 
themselves in requiring and procuring assistance to extinguish and 
prevent the spreading of the fire, and for the pulling down or blowing 
up any houses, or any other service relating thereto, as they may be 
directed by two or three of the chief civil or military officers of the 
town, to put a stop to the fire, and in removing hous[e]hold stuff, 
goods, and merchandizes out of any dwelling-houses, storehouses or 
other buildings actually on fire, or in danger thereof, in appointing 
guards to secure and take care of the same, and to suppress all tumults 
and disorders ; and due obedience is required to be yielded to them, 
and each of them accordingly, for that service. 

[Sect. 3.] And all disobedience, neglect or refusal in any shall be 
inform [(?]d of to some of his majesty's justices of the peace within 
two days next after, and the offenders therein, upon conviction thereof 
before any two justices, quorum unus, shall forfeit and pay the sum of 
forty shillings each, to be levied and distributed by the discretion of 
the selectmen among the poor, most distressed by the fire ; and in case 
the ofi'ender or offenders are unable to satisfy the fine, then to suffer 
ten days' imprisonment. 

And he it further enacted, 

[Sect. 4.] That if any evil-minded persons shall take advantage of 
such calamity to rob, plunder, purloin, [i][e]mbez[2]le, convey away 
or conceal any goods, merchandizes or effects of the distressed inhabi- 
tants, whose houses are on fire, or endangered thereby, and put upon 
removing their goods, and shall not restore and give notice thereof to 
the owner or owners, if known, or bring them into such publick place 



[4th Sess.] Province Laws. — 1744-45. 21i 

as shall be appointed and assigned by the governour and council, 
within the space of two days next after proclamation made for that 
purpose, the person or persons so offending, and being thereof con- 
victed, shall be deemed th[ei][?e]ves, and suffer the utmost severities 
of the pains and penalties by law provided against such. [_Passed 
April 5 ; published April 6. 



CHAPTER 31. 

AN ACT FOR ASCERTAINING THE BOUNDS OF THE TOWN OF DIGHTON, 
AND FOR THE CONFIRMATION OF THEIR POWERS AND PRIVILEGES. 

Whereas in the year one thousand seven hundred and twelve the Preami.io. 
South Precinct in Taunton was erected into a township by the name of 1734-35, chap. 19. 
Dighton, but the bounds thereof were not fully ascertained, and by 
reason thereof of late there have some disputes arisen, and application 
hath been made to this court to ascertain the bounds, — 

Be it enacted bji the Governour, Council and House of Representatives, 

[Sect. 1.] That the bounds of the said town of Dighton shall be as Bounds of the 
follows ; vizi^'^., beginning at a heap of stones by a rock near the water- etaIe(L^'^'°'^'°° 
side on the westerly side of Broad Cove, and from thence running 
westerly to a heap of stones near Bristol old path ; and from thonce 
westerly to a heap of stones near two miles from said Broad Cove, and 
then running northerly about two miles to a stump of an ash tree ; 
thence west and by north, to Rchoboth ancient line, to a stake and 
stones about it, being the north corner of the town of Swanzey, and 
the southwest corner of the said town of Dighton ; thence northerly on 
a straight line to a marked tree, commonl}- called the " Horseshoe " ; 
thence easterly by marked trees down to the Three-Mile River, so 
called ; then with said river to Taunton Great River ; then down Taun- 
ton Great River 'till it comes to the bounds first mentioned, together 
with Assonet[t] Neck, so far northerly as to come to the northerly 
bound of the land that was Mr. Edward Shove's ; and that the land I'lhabitants 
included within the bounds aforesaid shall always hereafter be deemed powers^oVa 
a township by the name of Dighton as aforesaid, and that the *°^"- 
inhabitants thereof be invested with the powers, privileges, and immu- 
nities that the inhabitants of any of the towns within this province by 
law are or ought to be invested with, any law, order or custom to the 
contrary notwithstanding. 

[Sect. 2.] And all former acts and proceedings of the inhabitants Former acts of 
of the said town of Dighton are hereby declared, to all intents and coDfirmcd!^" 
purposes, as valid, and of as full effect as if the said town had b}' an 
act of this court been incorporated and invested with the powers and 
privileges of a township at the time of their being taken off from Taun- 
ton, or sep[e][a]rated as aforesaid. 

Provided cUways, — 

[Section 3.] That property shall not be affected by this act, any Proviso, 
construction thereof, or of any part thereof, to the contrarj^ notwith- 
standing. [Passed January 8, 1744-45. 

Notes. — There were four sessions of the General Court this year, at each of which acts 
were passed. The engi-ossments of all the acts of the first and second sessions, and also 
of chapters 1.3, 1.5, 16, 21, and 22, are lost ; but all these were, fortunately, printed, with the 
other acts of tlie sessions, except chapter 16, which is here printed from a MS record of 
acts, in the Secretary's office. The chapters not mentioned above were also printed 

The acts of the first three sessions were transmitted to the Board of Trade by Governor 
Shirley, and were laid before the Board, Nov. 1, 1745. The acts of the fourth session were 



216 ' Province Laws. — 1744-45. [Notes.] 

forwarded by Secretary Willard, July 30, 1745, and were received by the Board of Trade 
September 17, following', and read beibre them October 24. 

Chapters 1 and 6 were duly certitied to the Privy Council, by the Governor's order, July 
7, 1744, and were received, and referred to a committee, on the ninth of August following. 
Thev were reported back, October 5, read again, October 10, and immediately referred to 
the Board of Trade. From the Board they went, in the usual course, the same day, to Mr. 
Fane, who' reported, two davs later, that he liad " no objection" to them "in point of law." 
Some difficulties arising in tlic course of the consideration of these acts by the Board, 
chapter 1 was again referred to Mr. Fane, whose report, as well as other proceedings relat- 
ing to that act, will be found in the note to chapter 1, post. 

Chap. 1. "June 2, 1744. His Majesty's Declaration of War against the French King 
was published about Five o'clock this afternoon out of the Balcony of the Council Chamber, 
the Governor, Council, and House of Representatives, His Majesty's Justices of the Peace 
and other officers attending the same ; the Regiment of Militia of the Town of Boston 
being under arms. At the same time His Majesty's Proclamation for encouragiog the 
prosecution of the War by his Majesty's Ships of War, Privateers, &= was also published." 
— Council Records, vol. XVII., b. 4, p. 391. 

" To Francis Fane, Esq" 

Sir, I am directed by my Lords Comifiiss" for Trade & Plantations to send you back 
and to desire you to reconsider the first of the two inclosed Acts passed in the Province of 
the Massachusetts Bay in June last, on which you lately made your Report, Entity "An 
Act for the more effectual guarding and securing our Sea Coasts &=." and to compare the 
same with the several Acts of Parliament passed here, since the commencement of the War 
with Spain and France for the better encouragement of Seamen in His Maj'J'^ service, as 
likewise with His Majesty's Declaration & Proclamation for the distribution of Prizes & 
give the Board j'our opinion whether the Province Snow & the other Vessels mentioned in 
the said Act to be equip'd by other Governments are to be deem'd ships of War or Priva- 
teers & whether in either case they are entituled to the Bounties given by the said British 
Acts. I am. Sir, 

Your most humble Servant 
Whitehall 1 Tho. Hill. 

Nov.* 29'\ 1744." J 
—Mass. Bay, B. T., Vol. 84, p. 138, in Public-Record Office. 

" To the Right Hon'''" the Lords Comiss" for Trade and Plantations. 
My Lords, In obedience to Your Lordsi« commands signified to me by M' Hill desiring 
me to reconsider an Act passed in the Province of the Massachusetts Bay in June last En- 
tituled An Act for the more effectual guardinci and seciirincj our Sea Coasts, <SiC and to 
compare the same with the several Acts of Parliament passed here since the commence- 
ment of the Warr with Spain and France, for the better encouragement of Sea Men in His 
Majesty's sen'ice, as likewise with His Majesty's Declaration and Proclamation for the dis- 
tribution of Prizes and to give Your Lordships my opinion whether the Province Snow and 
the other Vessclls mentioned in the said Act to be equipod by other Governments are to be 
deemed Ships of Warr or Privateers and whether in either case they are entitled to the 
Bountys given by the said British Acts — I beg leave to acquaint your I^ordships, that I have 
reconsidered the said Massachuscts Act, and the several Acts and the Declaration and Proc- 
lamation referred too, and I find the Acts of Parliament, the Declaration and Proclamation, 
to be couceiv'd in such general Terms and Words, that I apprehend they will he construed 
as intended for the benefit of all His Majesty's Subjects, under the particular descriptions in 
any liis Dominions eitlier at home or abroad and therefore I tliink the Province Snow and 
the other Vessels mentioned in the said Massachuscts Act will be Entitled to the Bountys 
given by the said British Acts, as they must be considered as Ships of AV^arr or Privateers, 
But rather as Privateers, because thej- are not in His Majesty's Pay. — As to the Massachu- 
scts Act itself, if it continues in force, the Ships which are there described will also be en- 
titled to the Bounty of three pounds a man given by this Act as well as to the British 
Bountys, whether that is reasonable or not I must submit to j'our Lordships consideration; 
But I must observe that I think the Legislature of this Province have gone a little too far 
in disposing of His Majesty's right to the Prizes taken from the Enemy, solely by their own 
authority. Which is humbly submitted by 

My Lords 

Your Lordships 

most obedient Servant 

Fran: Fane. 

7th November, 1744." — Ibid 

" Thursday, November 8»S 1744. Col. Bladen— M'Plumer M' Keene. S'Cha: Gilmonr 

The Board having reconsidered the Order of the Lords of the Committee of Council re- 
ferring to this Board two Acts pass'd in the Massachuscts Bay August 29, 1744, and M' 
Fane's Report upon one of them Entituled An Act for the more effectual guarding § se- 
curing their Sea Coasts. 

Ordered that the Secretary acquaint M' Fane, Council to the Board & M' Kilby, Agent 
for the Province of the Massachuscts Bay, that the Board desires their attendance" this day 
sen'night, in order to have some discourse with them on the subject of the aforesaid Act." 
*********** 

— Trade Papers [Journals), vol. 46, ;j. 132, in Public-Record Office. 

" Thursday November lo'h 1744 Cob Bladen. M' Plumer M' Keene. SirCha:Gil-. 
mour 

M' Fane & M' Kilby attending as appointed by the Minutes of the 8"" Inst : the Board 
after some discourse had with them on the subject of the Act of the Massachuscts for 

* (Sic,— a mistake for October. 



[Notes.] Province Laws. — 1744-45. 217 

the more effectual gitardlng (S, securing their Sea Coasts, defen-ed the further consideration 
thereof to another opportunity. M. Bladen." 

—Ibid., p. 135. 

"Thursday, January 24"" 1744-5. [Present] Lord Monson Col. Bladen. M' Plumer. 
S^ John Philips. M^ Pitt. 

*********** 

The Board at the same time took ag^ain into consideration the Act for the more effectual 
gvarcling and securing our Sea Coasts &c mentioned in the Minutes of the IS"" of Nov 
last, & having had some Discourse with M'' Kilby thereupon, agreed that the said Act 
should lye hy^ till he should write a letter to M' Shirley for an Explanation of certain 
Clauses in the same Act and receive an answer thereto." 

*********** 

— [Journals'] Trade Papers, vol, 47, p. 15, ibid. 

" Tuesday, April 28"" 1747. [Present] Lord Monson M' Plumer. Lord Dupplin. M' 

Pitt. M' Fane. 

****** * * * * * 

The Draught of a Report to the Lords of the Committee of Council upon two Acts 
passed in the Province of the Massachusets Bay in June 1744 referred to this Board by 
Order of Council the 29"" of August following, was laid before the Board, agreed to & 
order'd to be trans-crib'd. 

*********** 

—Ibid., vol. 49, p. 77. MoNSON." 

" Wednesday, April 29* 1747. [Present] Lord Monson. M' Pitt. M' Leveson Gower 
M"' Fane. 

****** * * ** * 

The Report to the Lords of the Committee of Council upon two Acts passed in the Mas- 
sachusets Bay in June 1744, ordered to be trans-cribed by the Minutes of Yesterday, was 
laid before the Board and signed. MONSON." 

—Ibid., p. 79. 

" Report of Lords of Trade on Acts passed in June 1744. . 

To the Right Hono'^'" the Lords of the Committee of His Maj'j'^ most Hono'''^ Privy 
Council. 

My Lords, We have had under our consideration two Acts passed in the Province of the 
Massachusetts Bay in June 1744 referred to us by your Loi'dshijos Order of the 29"" of 
August 1744. 

We have also consulted M' Fane one of His Majestv^'s Counsel at Law upon the said 
Acts who has no objection thereto in point of Law, Whereupon We take leave to acquaint 
your Lordships 

That the first of these Acts relates to the public service & security of the said Province 
and therefore We see no reason why His Majesty may not be graciously pleased to confirm 
the same. Viz* : 

An Act for the more efi"ectual guai-ding & securing our Sea Coasts & for the encour- 
agement of Seamen to enlist themselves in the Province Snow — or such Vessels of War as 
shall be commissioned & fitted out by this or other of His Majesty's Governments during 
the present War with France. 

The following Act was enacted for a temporary service & expired in June 1746. Viz' : — 

An Act to prevent all Traiterous Correspondence with His Majesty's Enemies. 
We are, My Lords, Your Lordships most obed' & most h"um'='^ Serv'^ 

Monson. 
I. Pitt. 

B. Leveson Goweb 
Fran: Fane 
Whitehall l R. Pltjmer. 

April 29'\ 1747." J 
—Mass. Bag, B. T., vol. 8i,p. 198, iVi Public-Record Office. 

" Order in Council confirming an Act passed in June 1744. 

At the Court at Kensington the 3"^ of June 1747 Pi'csent The King's most Excellent 
Majesty in Council. > 

YVhcreas by Commission under the Great Seal of Great Britain, the Gov, Council and 
Assembly%f the Province of the Massachusets Bay in New England, are authoi-ized and 
empowered to constitute and ordain Laws, which are to continue and be in force, unless 
His Majesty's pleasure be signified to the contrary : — And whereas in pursuance of the said 
Commission, An Act was passed in the said Province in June 1744, Entituled as fol- 
lows — Viz' : 

" An Act for the moi'e effectual guarding and -securing our Sea Coasts and for the encour- 
agement of Seamen to enlist themselves in the Province Snow — or such Vessels of War as 
shall be commissioned and fitted out by this or other of His Majesty's Governments during 
the present War with France. Which said Law, having been under the consideration of the 
Lords CommissTJ for Trade a;nd Plantations, and also of a Committee of the Lords of His 
Maj'y most Honourable Privy Council, the said Lords of the Committee this day presented 
the said Law to Ilis ISIajcsty at this Board with their opinion that tlie same was proper to be 
approved — His Majesty taking the same into consideration, was pleased with tlie advice of 
His Privy Council to declare his approbation of the said Law, and pursuant to His Majesty's 
Royal Pleasure thereupon expressed, the said Law is hereby confirmed, finally Enacted and 
ratified accordingly — Whereof the Governor or Commander in Chief of the said Province 
for the time being, and all others whom it may concern are to take notice and govern them- 
selves accordingly. 

A true Copy W. Sharpe," 
-Ibid., vol. 72, F. f. 101. 

28 



218 . Province Laws. — 1744-45. [Notes.] 

Cha]). 1. " October 23, 1744. In the House of Eepi-eseaf"' ; Voted that the Wages of the 
Officers appointed for the Defence of the Frontiers be as follows, viz'. 

That the wa,£res of the Captains be Forty Shillings each per month. 

One Lieutenant to each Company, Thirty shillings per month. 
. " Two Sergeants to every forty men, Twenty seven shillings and six pence per month. 

One Clerk to each Company, Twenty Seven shillings and six pence per month. 

Two Corporals to every forty men, " Twenty Six shillings per month each. 

In Council ; Read and Concur'd. Consented to W. Shirley." 

— Council Records, vol. XVII., b. 4, p. 533. 

"October 25, 1744. In the Ilouse of Represent™ ; Voted that there be and hereby is 
granted to be paid out of the publick Treasury, to any company, party, or person singly, 
of His Majesty's subjects; belonging or residing within this Province, who shall volunta- 
rily and at their own proper cost and charge, go out and kill a male Indian of the age of 
twelve years or upwards of the Tribe of St Johns or Cape Sables, after this time and before 
the last day of June, Anno Dom. 1745, or for such part of that Term as the war shall con- 
tinue in any place to the Eastward of a line to be fixed by His Excellency the Governor 
and His Majestys Council, some where to the Eastward of Penobscot, and produce his 
Scalp in evidence of his death, the sum of One Hundred Pounds in Bills of Credit of this 
Province of the new Tenour, and the sum of One Hundred and Five Pounds in said Bills 
for any male of like age, who shall be taken captive and delivered to the Order of the 
Captain General, to be at the disposal and for the use of the Government. And the sum 
of Fifty Pounds in said Bills for Women and the like sum for Childi'cn under the age of 
Twelve years, killed in fight, and Fifty five Pounds for such when taken pi-isoners, and the 
plunder. Provided that no payment be made as aforesaid for killing or Captivating any of 
said Indians, until proof Thereof be made to the acceptance of the Governor and Council. 
And that the Captain General be desired forthwith to give notice to the several Tribes of 
the Eastern Indians who ai-e still in amity with us, of the Boundary Line aforesaid, and 
that this Government have determined to treat as enemies all such Indians as live beyond 
it and that he also be desired, as soon as may be, to demand of the said Eastern Tribes 
their Quota of men stipulated by Gov' Dummers Treaty to join with ours in any War 
enterd into by us with the other Tribes for their breach of the Articles of said Treaty. 

In Council ; Read and Concur'd Consented to W. Shirley." 

— Ibid., p. 539. 

Chap. 12. "Aug. 18, 1744. In the House of Represent^" Forasmuch as this Court are 
informed that there have been paid into the late Directors of the Manufactory Company 
(so called) liy the late Partners in the Land Bank or jNIanufactory Scheme, and are now in 
the hands of Samuel Adams Esqr considerable quantities of said Companies Bills remaining 
unconsumed; and the Commissioners appointed by law to order and adjust the affairs of 
said Scheme have received and from time to time may receive further sums in said Bills ; 
the receiving of which till said Scheme shall be finished will be attended with great risque 
and other inconveniences ; Therefore 

Ordered that said Commissioners be authorized to take into their own hands the afore 
mentioned Bills received by said late Directors, and to cause them, with such other of said 
Bills as have been or shall be paid in to themselves by the delinquent Partners in said 
Scheme, to be consumed and Ixirnt to ashes from time to time as they shall receive them. 
In Council ; Read and Concur'd. Consented to W. Shirley." 

—Ibid., p. 494. 

Chap. 16. " October 13, 1744. A Petition of Thomas Hutchinson, Esq' Agent for the 
Officers and Company of the Brigantine Hawk Privateer fitted out by divers Inhabitants 
of this Province. Shewing that they have brought in several French Prizes, in which they 
have brought in divers goods which are subject to pay duties of Impost; praying that the 
said duties may be taken otf. 

In the House of Represent'" Read and Ordered that the Prayer of the Petition be 
granted, and that the said liquors and other goods be freed from the duties of Impost and 
that the Comm' of Impost govern himself accordingly. And it is further Ordered that all 
Prize Goods which shall be brought in and condemned within this Province during the 
present war with France and Spain, shall be exempt from all Duties which such goods are 
or would be liable to by any Law of this Province, had they been imported for i^rchandize 
or in the ordinary way of Trade and Commerce. 

In Council ; Read and Concur'd. Consented to W. Shirley." 

— Ibid., p. 506. 

Chap. 19. "Feb. 8 1744. In the House of Represent'"; Voted the following Wages 
for four months, if the Expedition continue so long, viz' : 
That the Wages of a Brigadier General, be Fifteen Pounds per month. 
A Colonel, Twelve Pounds. 
A Lieutenant Colonel, Ten Pounds. 
A Major Eight Pounds ten shiUings. 
Adjutant General, Four Pounds ten shillings. 
Captain of Fil'ly men Four Pounds ten shillings. 
A Lieutenant Three Pounds. 
A Second Lieutenant, or Ensign, Two Pounds. 
A Sergeant, One Pound twelve shillings. 
A Corporal, One Pound eight shillings. 
A Clerk, One Pound twelve shillings. 
A Quarter Master General, Four Pounds — 
A Surgeon General, Five Poumis — 
Two Surgeons to each Regiment, each Four Pounds ten shillings 



[Notes.] Province Laws. — 1744-45." 219 

One Drum iMajoi', One Pound twelve shillings 

A common Drummer One Pound eight shillings 

One Chaplain to each Regiment, each Four Pounds ten shillings 

One Armourer for each Regiment One Pound twelve shillings, of which the principal to 
be allowed Three Pounds per month. 

One Captain of the Artiller_y, Nine Pounds. 

One Lietenaut, Four Pounds ten shillings. 

Sixteen Gunners, each Two Pounds. 

Two Bombardiers, each Eight Pounds ten shillings. 

Two Assistants, each Two Pounds. 

Two Clerks, for the service of the General, each Two Pounds ten shillings per month. 

In Council ; Read and Concur'd Consented to W. Shirley." 

—Ibid., p. 6S2. 

Chap. 20. "January 9 1744. The two Houses pvoceeded this day according to Order, 
to the choice of Managei-s of the Publick Lottery, and the following persons were chosen 
by the major Vote of^he Council & House of 1-lepreseut"' viz'. Jam&s Bowdoin, Samuel 
Watts, Joiin Quincy, Robert Hale, and Thomas Ilutchiuson Esq" 

To which Elections His Excellency signed his Consent." 
—Ibid., p. 631. 

"Jany 10 1744. In Council; Ordered that the Managers of the Lottery appointed by 
this Court be and hereby are directed to prepare a proper abstract of the Act lately 
pass'd relating to the said Lottery tbat so His Majesty's subjects of this Province & 
the neighbouring Provinces and Colonies may be duly and seasonably advertised of the 
substance of the said Act ; and that the Managers take care that the said Abstract be 
forthwith published in all the Weekly News papers in the town of Boston ; — 

In tlie House of Representee' ; Read and Concur'd Consented to W. Shirley." 
— /6/f/.,/?. 632. 

" Feb. 2 1744. In Council, Whereas the libei-ty of adventuring in the Government 
Lottery erected by a late Act of this Province is granted to all persons without discrimina- 
tion ; and whereas the permitting of Indians, Negroes, or Molattoes to purchase tickets or 
draw any Lot or Lots might prove of mischievous consequence in many respects ; — 

It is therefore hereby Ordered that the jNIauagers of said Ijottery do not deliver any 
Ticket to any Indian Negroe or Molattoe, or to otliei's on their behalf, or in partnership with 
them ; & no Indian, Negroe or Molattoe, or their partners so adventuring shall be entitled 
to any benefit. Lot or Lots Avhatsoever, and tlie said Managers be & hereljy are impowcred 
to examine any person who applies to them for any of said Tickets, on Oath, about their 
being any ways concerned with any Indian Negro or Molatto, in any such Tickets as well 
at the time of purchasing the same, as when any Benefit, Lot or Lots shall be claimed as 
having been drawn in consequence or by vcrtue" of any Ticket purchased as aforesaid. 

In the House of Represent''"; Read and Concur'd Consented to W. Shirley." 
— Ibid., p. 674. 

Chap. 27. "Feb 24 1743, A Petition of James Bowdoin and a great number of others 
Merchants in the Town of Boston setting forth the great importance of the Harbour of 
Cape Cod to the navigation of this Province ; and praying that this Court would take proper 
measures to preserve it. 

In Council ; Read and Refer'd to a Committee to whom was refer'd the consideration of 
the Petition of Jonathan Payne and others . 

In the House of Represenr'^« ; Read and Concur'd." 
—Ibid.,p.TS. 

" March 20, 1743. John Cushing Esq"^ ; from the Committee on the Petitions relating to 
Cape Cod Harbour &" gave in the following Report viz' : 

The Committee to wliom this Petition was refer'd, as also the Petition of James Bowdoin 
Esq% & others merchants, relating to Cape Cod Harbour, are of Opinion tbat for the better 
nnderstanding the Facts alleoed in the Petitions a Committee be appointed to repair to Cape 
Cod, view the Harbour, consider the Facts alleged in the Petition, and report their Opinion 
thereon at the next Session of this Court. All which is humbly submitted. 

By John Cushing per Order. 

In Council ; Read and Accepted, and Ordered that Thomas Berry Esq' with such as the 
Hon'''* House shall join, be a committee for the purposes in the Report mentioned. 

In the House of Represent""; Read and Concur'd, and Coll Miller and M' Skinner are 
joined in the affair. And the Committee are directed to repair to Cape Cod on or before 
the tenth of May and to give notice to the Inhaliitants of Truro that they do not drive any 
Cattle on the Beach to the Northward of Eastern Harbour Meadows in the mean time. In 
Council ; Read and Concur'd Consented to W. Shirley." 

—Ibid., pp. 340, 341. 

" Aug. 17 1744 Thomas Berry Esq' from the Committee on the affair of Cape Cod 
Harbour and Eastern Harbour Meadows gave in the following Report, viz' — 

The Committee appointed on this Petition, after having notified the Town of Truro, re- 
paired to said Town and Province Town, and thence proceeded to view the Beaches, Sands 
and Harbour of Cape Cod ; and upon the best information find that little or no alteration 
hath been made in the Harbour for the last thirty or forty years, accepting the Western 
Creek or Cove, which is nigh filled up. We find the Wood all gone from the Wood End, 
so called, and a very long flat Beach which lies much exposed and hath nothing to keep 
the Sands from blowing, unless the Beach Grass be allowed to grow, tbe only thing that 
can prevent those sands from driving into the Harbour. We learn tbat the "sands to the 
Northward of Race Point are greatly blown in upon the Upland, and that it is of the great- • 

est consequence to the Province that all possible care be taken to prevent the Woods being- 
cut oft" on the back of Province Town, and that nothing be allowed to be done that may 
any ways tend to prevent the Beach Grass growing on the Sand Banks, the only thing 



220 Province Laws. — 1744-45. [Notes.] 

that can be thouglit of to prevent the Sands blowing, and thereby the Harbour secured 
from all apprehended danger— We have also viewed the Eastern Harbour Meadows and 
Beach, and find a large quantity of good Salt Meadow covered and destroyed with the Sand 
which blew from the Beach. "VVe also observe that where the Beach Grass is permitted to 
grow it prevents the sand from blowing ; and where Cattle and Horses have been kept off, 
the Beach Grass comes in, in most places. We further observed that at the Head of Strouts 
Creek Northward the Sand is blown in a great way among the Trees and lies very high, 
and may in a little while blow over into said Creek. We also find that in the lotted Lands 
to the North Westward of Strouts Creek, belonging to Truro, there is little else than Cran- 
berry Swamps, nothing to induce any person to turn any creatures there, were it not for a 
prospect from the Province Town Lands. Wherefore the Committee are of Opinion that 
the Constable of Province Town be strictly enjoined to put in execution the Act to prevent 
damage being done to the Harbour of Cape Cod by Cattle &" and that a Pound be built 
there "at the Province Charge, & that the Constable be obliged one day every week from 
the first of March to the last of October to search Province Town Woods and Beaches for 
Cattle and Horses, and impound all others Init what belongs to the Inhal^itants of said 
Town, and that said Inhabitants be allowed one Cow to a family and one Bull to go with 
said Cows, and that said Constable be allowed one shilling and three pence for every day 
he shall faithfully attend said service, and make Oath thereof before one of His Majesty's 
Justices of the I'eace in the County of Barnstable ; and that an act be made (exclusive of 
the lotted Lands) of the same teiiour with the late act made for preventing Cattle and 
Horses feeding on Eastern Harbour Meadows, and of the lotted Lands making and keep- 
ing lip a sufliclent fence in equal proportion or watching the Cattle and preventing them 
' from passing to the Westward of Strouts Creek. And the Proprietors of the aforesaid 

Meadow with the Proprietors of Truro (not having right in said Meadows, and that turn 
cattle or horses on the common) be obliged to make and maintain a fence or keep the 
cattle from going West of the East end of Eastern Harbour Meadow. All which is 
humbly submitted. 

By Order of the Committee. Tno Berry. 

In Council ; Read and Ordered that the Report be accepted, and that Samuel Danforth 
Esq' with such as the IIon^'° House of Representatives shall join, be a Committee to prepare 
a Bill or Bills accordingly. 

In the House of Represent^'' Read and Concur'd and M' Prout and Major Cushing are 
joined in the affair." — Ibid., p. 487. 

Chap. 3L " May 30, 1712. " Upon Reading a Petition of Cpt. Jared Talbot Agent for 
the South Precinct" in Taunton, Praying in the name and Behalf of the Inhabitants of said 
pi'ccinct that they may be made a Town, as prayed for in a Former Petition : 

Ordered that the Prayer of the Petition be granted for a Township ; The town to be named 
Dighton : There having been a Hearing betwixt the Petitioner and the Agents for the Town 
of Taunton before this Court in a former Session some Time since. And that upon the Appli- 
cation of the Selectmen of Taunton or of Dighton, the former Committee assigned to survey 
or propose a Line for the Precinct be desired and impowered to perfect, describe, and fully 
ascertain the Line throughout, and Report the same to this Court not including any Lands 
but what is properly within the Township of Taunton ; Saving the determining the Cliarge 
of the Building and Repairing of Bridges upon a Hearing at any Time before this Court, As 
also a Proportion of all Arreareges or Town Charges accruing, whilst Taunton Township 
i-emained entire before division ; And that a Plat of this Township be presented. 

Concur'd by the Representatives. Consented to, J Dudley." 

—Ibid., vol. 'IX., p. 195. 

"March 2, 1743. John Cushing Esq'; from the Committee of both Houses on the Peti- 
tion of the Town of Dighton, gave in the following Report, viz', 

The Committee to whom was refer'd the Petition of Sylvester Richmond Esq' in behalf 
of the Town of Dighton, have repaired to Dighton, heard the parties, considered their 
Original Grants and Purchases, viewed the said Township, and have taken a Plat thereof, 
which is herewith humbly presented ; and thereupon beg leave to say; First that the Red 
Lines on the said Plat delineated, set forth the contents of the four iniles square from the 
River belonging to the Towii of Dighton by their Indian Deed ; secondly, the pricked 
Lines in thesaid Plat describe the Southerly and Westerly extent of what is contained in 
Governor Hickleys Deed of Confirmation, with allowance of eight Degrees for Variation 
of the Compass : "Thirdly, the Black Lines describe the Town of Dighton according to their 
Perambulations with Swanzey, Rehoboth, & Taunton, under the hands of the Select men 
of each Town at divers times since the Year 1700. By which it appears that the Black 
Lines aforesaid contain Two Thousaid six hundred anil eighty four acres more than the 
Contents of fom- miles square, and five hundi'ed and fifty acres less than what is contained 
in Governor Ilinckleys Confirmation Deed. Wherefore upon the whole the Committee 
are of Opinion that the lands contained within the Black Lines. aforesaid, which are agi'e- 
able to their Perambulation for many years past, be at all times accounted to be within the 
Jurisdiction of the Town of Dighton, "but not to effect the property thereof on any account 
♦ whatsoever. All which is humbly submitted. 

By JonN CusniNG Per Order. 

In Council ; Read and Ordered that this Report be accepted, and that the Accompt of the 
Committes time and expence, amounting to the sum of Twenty eight Pounds eighteen 
shillings and two pence, be paid by the parties, viz' : One half bv the Town of Dighton, 
and the other half by Charles Church Esq'; and others the Respondents. In the House 
of Represent'" ; Read and Concur'd Consented to W. Shirley." 

—Ibid., vol. XVIL, b. 4, p. 306. 



ACTS, 

Passed 1745 — 46. 



[221] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twenty-ninth day of May, A. D. 1745. 



CHAPTEE 1. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF THIRTY THOU- 
SAND POUNDS, IN BILLS OF CREDIT; AND ALSO FOR APPORTION- 
ING AND ASSESSING A FURTHER TAX OF TWO THOUSAND FOUR 
HUNDRED AND TWENTY-ONE POUNDS EIGHT SHILLINGS AND SIX- 
PENCE, IN BILLS OF CREDIT, PAID THE REPRESENTATIVES FOR 
THEIR SERVICE AND ATTENDANCE IN GENERAL COURT, AND TRAVEL; 
AND ALSO THE SUM OF TWO HUNDRED AND THIRTY-FIVE POUNDS, 
FINES LAID UPON SEVERAL TOWNS FOR NOT SENDING A REPRESENT- 
ATIVE. 

Whereas the great and general court or assembly of the province of 
the Massachusetts Bay, did, at their session in May, one thousand 1741.42, chap. 11, 
seven hundred and fort^'-one, pass an act for the levying a tax of six ^ ^^' 
thousand six hundred and sixty-six pounds thirteen shillings and four- 
pence, in bills emitted by said act; and, at their session in May, one 1742.43, chap. 3, 
thousand seven hundred and forty-two, did pass an act for the levying § ^* 
a tax of one thousand nine hundred and fifty pounds, in bills emitted 
by said act ; and, at their session in May, one thousand seven hundred 1743.44, chap. 13, 
and fort3'-three, did pass an act for the levying a tax of eight thousand ^' 
and eighty-three pounds six shillings and eightpence,* in bills emitted by 
said act ; and at their session in Ma}^ one thousand seven hundred and 1744.45, chap. 5, 
forty-four, did pass an act for the levying a tax of ten thousand two 
hundred and sixty-six pounds thirteen shillings and fourpence, in bills 
emitted by said act; and -at their session in November, one thousand 1744.45, chap. 17, 
seven hundred and fort}'- four, did pass an act for the levying a tax of ^ ^' 
five thousand two hundred pounds, in bills emitted by said act ; each of 
the several sums aforesaid to be assess [e]d this present j'ear, — amount- 
ing in the whole to thirty-two thousand one hundred and sixty-six 
pounds thirteen shillings and fourpence ; and by the aforesaid acts, 
provision was made that the general court might, in the present 
3'ear, apportion the several sums on the several towns in the province, 
if they thought fit : and the assembly aforesaid have likewise ordered 
that the sum of two hundred thirtj'-five pounds, fines on several towns, 
and the sum of two thousand four hundred and twenty-one pounds 
eight shillings and sixpence, paid the representatives the last year, 
should be levyed and assessed, on this present year, on the jdoIIs 
and estates of the inhabitants of the several towns, according to what 
their respective representatives have received ; wherefore^ for the order- 
ing, directing and efi"ectual drawing in the sum of thirty thousand 

* This is, apparently, an eiTor; the amount of bills to be recalled beins £8,583 6s. 8rf. The 
mistake was first made in the marginal note to the supply-bill. — See 1743-44, chap. 13, § 6. 



224 Province Laws. — 1745-46, [Chap. 1.] 

pounds, pursuant to the funds and grants aforesaid, and drawing the 
said sum into the treasur}-, according to the appointment now agreed to 
by this court ; which, with the sum of two thousand four hundred sixty- 
seven pounds five shillings and tenpence, arising by the duties of impost, 
tun[n]age of shipping and excise, and the sum of two hundred *and 
thirty -five pounds, fines laid on the several towns in and by this act men- 
tioned, will make the sum of thirty-two thousand one hundred and sixt}-- 
six pounds thirteen shillings and fourpence ; and also for drawing in the 
sum of two thousand four hundred and twenty-one pounds eight shil- 
lino-s and sixpence, paid the representatives ; all which is unanimously 
approved, rat[y]p]fied, and confirmed ; we, his majesty's most loyal 
and dutiful subjects, the representatives in general court assembled, 
pray that it may be enacted, — 

And be it accordingly enacted by the Governour, Council and House of 
Representatives, 

[Sect. 1.] That each town and district within this province be 
assessed and pa}-, as such town's and district's proportion of the sura 
of thirty thousand pounds, in bills of credit, as also for the fines laid 
on them, and their representatives' pay, the several sums following ; 
that is to say, — 



[1st Sess.] 



Pkovince Laws. — 1745-46. 



225 



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Pkovixce Laws. — 1745-46. 



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[1st Sess.] Province Laws.— 1745-46. 233 

And be it further enacted, 

[Sect. 2.] That the treasurer do forthwith send out his warrants, 
directed to the selectmen or assessors of each town or district within 
this province, requiring them, respectively, to assess the sura hereby set 
upon such town or district, in manner following ; that is to saj', to 
assess all rateable male polls above the age of sixteen years, within 
their respective towns or [districts] [districts], or next adjoining to 
them, belonging to no other town, at six shillings and threepence 
per poll, and proportion ably in assessing the fines mentioned in this 
act, and the additional sum receiv[e]'d out of the treasury for the 
payment of the representatives (except the governour, lieutenant- 
governo[u]r and their famil[y][ie]s, the president, fellows and 
students of Harvard College, setled ministers and grammar school- 
masters, who are hereby exempted as well from being taxed for their 
polls, as for their estates being in their own hands and under their 
actual management and improvement) ; and other persons, if such 
there be, who, thro' age, infirmity or extream poverty, in the judg- 
ment of the assessors, are not capable to pay towards publick charges, 
they may exempt their polls, and so much of their estates as in their 
prudence they shall think fit[t] and judge meet. 

[Sect. 3.] And the justices in the general sessions, in the respective 
counties assembled, in granting a count}' tax or assessment, are hereby 
ordered and directed to apportion the same on the several towns in such 
county in proportion to their province rate, exclusive of what has been 
paid out of the publick treasury to the representative of such town for 
his service ; and the assessors of each town in the province are also 
directed, in making an assessment, to govern themselves by the same 
rule ; and all estates, both real and personal, lying within the limits of 
such town or district, or next unto the same, not pa^-ing elsewhere, in 
whose hands, tenure, occupation or possession soever the same is or shall 
be found, and also the incomes [and] [or'] profits which any person or 
persons, except as before excepted, do or shall receive from any trade, 
faculty, business or employment whatsoever, and all profits that shall 
or may arise by money or other estate not particularly otherwise 
assessed, or commissions of profit in their improvement, according to 
their understanding and cunning, at one penny on the pound ; and to 
abate or multiply the same, if need be, so as to make up the sum set 
and ordered hereby for such town or district to pay ; and, in making 
their assessments, to estimate houses and lands at six j'ears' income of 
the yearly rents, in the bills last emitted, whereat the same may be 
reasonably set or let for in the place where they lye : saving all contracts 
between landlord and tenant, and where no contract is, the landlord to 
reimburse one-half of the tax set[t] upon such houses and lands ; and to 
estimate Indian, negro and molatto servants proportionabh^ as other 
personal estate, according to their sound judgment and discretion ; as 
also to estimate every ox of four years old and upwards, at forty shil- 
lings in bills of the last emission ; every cow of three years old and 
upwards, at thirty shillings ; every horse and mare of three j-ears old 
and upwards, at forty shillings ; every swine of one year old and up- 
wards, at eight shillings ; every goat and sheep of one 3ear old and 
upwards, at three shillings : likewise requiring the assessors to make a fair 
list of the said assessment, setting forth, in distinct col[l]um[w]s, against 
each particular person's name, how much he or she is assessed at for 
polls, and how much for houses and lands, and how much for personal 
estate, and income by trade or faculty; and the list or lists, so per- 
fected and signed by them, or the major part of them, to commit to 
the collectors, constable or constables of such town or district, and to 
return a certificate of the name or names of such collectors, constable or 
30 



234 Province Laws.— 1745-46. [Chap. 1.] 

constables, together with the sum total to each of them committed, unto 
himself, some time before the last day of October. 

[Sect. 4.] And the treasurer for the time being, upon the receipt of 
such certificate, is hereby impowered and ordered to issue forth his 
warrants to the collector, constable or constables of such town or dis- 
trict, requiring him or them, respectively', to collect the whole of each 
respective sum assessed on each particular person, before the last day 
of May next ; and of the inhabitants of the town of Boston, some time 
in the month of March next ; and to pay in their collection, and issue 
the accompts of the whole, at or before the last da}^ of June, which 
will be in the year of our Lord one thousand seven hundred and forty- 
six. 

And be it further enacted^ 

[Sect. 5.] That the assessors of each town and district, respective!}', 
in convenient time before their making the assessment, shall give sea- 
sonable warning to the inhabitants, in a town meeting, or by posting up 
notifications in some place or places in such town or district, or notify 
the inhabitants to give or bring in to the assessors true and perfect lists 
of their polls, and rateable estate, and income b}' trade or faculty-, and 
gain b}' money at interest ; and if an}^ person or persons shall neglect 
or refuse so to do, or bring in a false list, it shall be lawful to and for the 
assessors to assess such person or persons, according to their known 
ability in such town, in their sound judgment and discretion, their due 
proportion to this tax, as near as they can, agreeable to the rules 
herein given, under the penalt^^ of twenty shillings for each person that 
shall be convicted by legal proof, in the judgment of the said assessors, 
of bringing in a false list ; the said fines to be for the use of the poor 
of such town or district where the delinquent lives, to be lev[y] ['']ed by 
warrant from the assessors, directed to the collector or constables, in 
manner as is directed for gathering town assessments, and to be paid 
in to the town treasurer or selectmen for the use aforesaid : saving to 
the part}' aggrieved at the judgment of the assessors in setting forth 
such fine, liberty of appeal therefrom to the court of general sessions of 
the peace within the county for relief, as in case of being overrated. 
And if any person or persons shall not bring in a list of their estate 
as aforesaid to the assessors, he or they so neglecting shall not be 
admitted to make application to the court of sessions for any abate- 
ment of the assessment laid him. 

[Sect. 6.] And if the party be not convicted of any falseness in the 
list, by him presented, of polls, rateable estate, or income by any trade 
or facult}', business or employment, which he doth or shall exercise, or 
in gain bj' money at interest or otherwise, or other estate not particu- 
larly assess[e]'d, such list shall be a rule for such person's proportion 
to the tax, which the assessors may not exceed. 

And lohereas there are a number of English inhabitants in the planta- 
tion of Natick, in the county of Middlesex, belonging to no particular 
town, — 

Be it further enacted, 

[Sect. 7.] That the sum of thirty pounds, part of the said sum 
of thirt}- thousand pounds, be assessed upon the said inhabitants, and 
the assessors of the town of Sherb[o]urn are hereby impowered and 
required to make the said assessment upon them, after giving seasonable 
warning to the inhabitants of [the] said plantation, in some one method 
prescribed in this act, and to follow the other directions herein ; and 
the said inhabitants are hereby also required to conform to the rules 
prescribed in this act, and subjected to the penalties of it : saving to 
them liberty of appeal, as to other inhabitants of the province. And 
the constables or collectors of the town of Sherb[o]urn are hereby 



[1st Sess.] Province Laws. — 1745-46. 235 

eiijojuied to lev}- or collect all such sums committed to them and assessed 
upon the said inhabitants, and pay the same into the province treasury. 

And forasmuch as, ofttimes, sundry persons, not belonging to this 
province, bring considerable trade and merchandize, and by reason 
that the tax or rate of the town where they come to trade is finished and 
delivered to the constable or collector, and, before the next year's as- 
sessment, are gone out of the province, and so pay nothing towards the 
support of the government, tho', in the time of their residing there, they 
reap[e]'d considerable gain by trade, and had the protection of the gov- 
ernment, — 

Be it further enacted, 

[Sect. 8.] That when any such person or persons shall come and 
reside in an}' town of this province, and bring any merchandize, and 
trade and deal therewith, the assessors of such town are hereby impow- 
ered to rate and assess all such persons according to their circumstances, 
pursuant to the rules and directions in this act provided, tho' the 
former rate may have been finished, and the new one not perfected, as 
aforesaid. 

And be it further enacted, 

[Sect. 9.] That when any merchant, trader or factor, inhabitant of 
some one town within this province, shall transact or carr}' on trade 
and business in some other town in the province, the assessors of such 
town where such trade and business shall be carried on as aforesaid, be 
and hereb}' are impowered to rate and assess all such merchants, tra- 
ders and factors, their goods and merchandize, for carrying on such trade, 
and exercising their faculty- in such town, pursuant to the rules and 
directions of this act. 

[Sect. 10.] And the constables or collectors are hereby enjoj'ned 
to levy and collect all such sums committed to them, and assess[e]'don 
persons who are not of this province, or are inhabitants of an}^ other 
town as aforesaid, and pay the same into the town treasury. 

And be it further enacted, 

[Sect. 11.] That the inhabitants of this province [shall] have 
libert}', if they see fit[i], to pay the several sums for which they 
may respectively be assess[e]'d at, as their proportion of the afore- 
said sum of thirt}^ thousand pounds in bills of the last emission, 
or the bills of credit emitted in the j'ears one thousand seven hun- 
dred and fort3'-one, one thousand seven hundi'ed and f ort3"-two, and 
one thousand seven hundred and forty-three, or in coined silver, 
at the rate of six shillings and eightpence per ounce, troy weight ; 
or in gold coin, at the rate of four pounds eighteen shillings per 
ounce ; or in bills of credit of the middle tenor, so called, according 
to their denominations ; or in bills of the old tenor, accounting four 
for one ; or in good merchantable hemp, at fourpence per pound ; or 
merchantable flax, at fivepence per pound ; or in good, merchantable, 
Isle-of-Sable[s] codfish, at ten shillings per quintal ; or in good refined 
bar-iron, at fifteen pounds per ton ; or bloomery-iron, at twelve pounds per 
ton ; or in good, hollow iron-ware, at twelve pounds per ton ; or in good 
Indian corn, at two shillings and threepence per bushel ; or good winter 
rye, at two shillings and sixpence per bushel ; or good winter wheat, 
at three shillings per bushel ; or in good barley, at two shillings per 
bushel ; or [m] good barrel pork, at two pounds per barrel ; or in barrel 
beef, at one pound five shillings per barrel ; or in duck or canvas, at 
two pounds ten shillings per bolt, each bolt to weigh forty-three pounds ; 
or in long whalebone, at two shillings and threepence per pound ; or 
merchantable cordage, at one pound five shillings per hundred ; or in 
good train-o[i][2/]l, at one pound ten shillings per barrel ; or in good 
beeswax, at tenpence per pound ; or in bayberry-wax, at sixpence 



236 



PiiOvixcE Laws. — 1745-46. 



[Chap. 2.] 



per pound ; or in tr3'[e]d tallow, at fourpence per pound ; or in good 
pease, at three shillings per bushel ; or in good sheepswool, at nine- 
pence per pound ; or in good, tann'd sole-leather, at fourpence per pound : 
all which aforesaid commodities shall be of the produce of this prov- 
ince, and, as soon as conveniently may, be disposed of by the treas- 
urer to the best advantage, for so much as they will fetch in bills 
of credit, or for silver and gold ; and the several persons who pay their 
taxes in any of the commodities before mentioned, shall run the risque 
and pay the charge of transporting the same to the province treasury. 

[Sect. 12.] And if any loss shall happen by the sale of any of the 
aforesaid species, it shall be made good by a tax of the next year ; and 
if there be a surplusage, it shall remain a stock in the treasury. 
[Passed June 28 ; published July 9. 



CHAPTEK 2. 

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON WINES 
AND SPIRITS DISTILLED, SOLD BY RETAIL, AND UPON LIMES AND 
LEMMONS. 



Preamble. 



Excise granted 
for three years. 



Bates of excise. 



Taverners, &c., 
to take an ac- 
count of liquors, 
&c., and give an 
account thereof 
to the farmers 
to be appointed. 



"We, his majesty's most loyal and dutiful subjects, the representa- 
tives of the province of the Massachusetts Bay, in general court 
assembled, being desirous to lessen the present debt of the province, 
by drawing in a number of the bills of credit, have chearfuUy and unani- 
mously granted, and do hereby give and grant unto his most excellent 
majesty, for the ends and uses above mentioned, and for no other uses, 
an excise upon all brandy, rum and other spirits distilled, and upon all 
wines whatsoever sold by retail, and upon lemmons and limes taken in 
and used in making of punch or other liquors mixed for sale, or other- 
wise consumed,in taverns, or other licensed houses within this province, 
to be raised, lev[y][i]ed, collected and paid by and upon every 
taverner, innholder, common victualler and retailer within each respective 
county, in manner following: — 

And he it accordingly enacted by the Oovernour, Council and House of 
Representatives, 

[Sect. 1.] That from and after the twenty-ninth day of June, one 
thousand seven hundred and forty-five, for the space of three years, 
every person licensed for retailing brandy, rum or other spirits, or 
wine, shall pay the dut[y][te]8 following: — 

For every gallon of brandy, rum and spirits distilled, threepence. 

For every gallon of wine of every sort, threepence. 

For every hundred of lemmons, two shillings and a penny. 

For every hundred of limes, ninepence. 

And so proportidnably for any other quantity or number. 

And be it further enacted, 

[Sect. 2.] That every taverner, innholder, common victualler and 
retailer, shall, upon the said twenty-ninth day of June, take an exact 
account of all brandy, rum and other distilled spirits, and wine, and of 
all lemmons and limes then by him or her, and give an account of the 
same, upon oath, if required, unto the person or persons to whom the 
dut[y][ie]s of excise in the respective count[y] [ie]s shall be lett or 
farmed, as in and by this act is hereafter directed ; and such other per- 
son as shall be licensed during the continuance of this act, shall also 
give an account, upon oath, as aforesaid, of what brandy, rum and other 
distilled spirits, and wine, and of what lemmons or limes he or they 



[1st Sess.] Province Laws. — 1745-46. 237 

shall have by him or them at the time of his or their licen[s][c]e ; which 
oath the person or persons farming the dut[y][ie]s aforesaid shall 
have power to administer in the words following ; viz"^'^., — 

You, A. B., do swear that the account exhibited by you is a true and just Oath. 
account of all brandy, rmn and other distilled spirits, and wine, lemmons 
and limes you had by you on the twenty-ninth day of June last. So help 
you God. 

And where such person shall not have been licen[s][c]ed on said 
twenty-ninth day of June, the form of the oath shall be so far 
var[y][i]ed, as that instead of those words, " on the twenty-ninth day 
of June last," these words shall be inserted and used ; " at the time of 
taking your licen[s][c]e." 

And be it further enacted^ 

[Sect. 3.] That every taverner, innholder, common victualler and within six 
retailer, shall make a fair entry in a book, of all such rum, brandy and ^unVto be 
other distilled spirit, and wine, as he or they, or any for him or them, delivered. 
shall buy, distil[l], or take in for sale after such account taken, and of 
all lemmons and limes taken in and consumed or used as aforesaid, and 
at the end of every six months, deliver the same, in writing, under their 
hands, to the farmer or farmers of the dut[yj[ie]s aforesaid, who are 
impowered to administer an oath to him or them, that the said account 
is bond Jide, just and true, and that he or they do not know of any 
brand}^ rum or other distilled spirits, or wine, sold, directly or indi- 
rectly, or of any lemmons or limes used in punch or otherwise, b}' him 
or them, or any under him or them, or by his or their privity or con- 
sent, but what is contained in the account now exhibited, and shall pay 
him the duty thereof, excepting such part as the farmer shall find is 
still remaining by him or them ; twenty per cent to be allowed on the Twenty per 
liquors aforementioned for leakage and other wast[e], for which no reTkage?^*^ 
duty is to be paid. 

Provided always, and it is the true intent and meaning of this act, — 

[Sect. 4.] That if any taverner, retailer or common victualler, shall Proviso. 
buy of another taverner or retailer such small quantity of liquors as this 
act obliges him to account for to the farmer, and pay the excise, the 
taverner, retailer or common victualler shall, notwithstanding, be 
accountable and pay the excise, as if none had been paid by the person 
he bought the same of. 

And be it further enacted, 

[Sect. 5.] That every taverner, innholder, common victualler or Penalty on giv. 
retailer, who shall be found to give a false account of any brandy, dis- count!''^^^ ^*^' 
tilled spirits, wine, or other the commodities aforesaid, by him or her on 
the said twenty-ninth of June, or at the time of his or her taking licence, 
or bought, distilled or taken in for sale afterwards, or used as aforesaid, 
or refuse to give in an account, on oath, as aforesaid, shall be rendered 
incapable of having a licence afterwards, and shall be prosecuted by the 
farmer of the excise in the same county, for his or her neglect, and 
ordered by the general sessions of the peace to pay double the sum of 
money as they may judge that the excise of liquors, &c^"''^., by him or 
her sold within such time, would have amounted to, to be paid to the 
said farmer. 

And be it further enacted, 

[Sect. 6.] That the justices in their general sessions of the peace ^®°fj^\*f^; 
shall take recognizances, with sufficient sureties, of all persons by them recognizance. 
licen[sj[c]ed, both as to their keeping good rule and order, and duly 
observing the laws relating to persons so licen[s][c]ed, and for their 
duly and truly rendering an account in writing under their hands as 
aforesaid, and paying their excise in manner as aforesaid ; as also that 



238 Province Laws. —1745-46. [Chap. 2.] 

they shall not use their licen[s][c]e in any house besides that wherein 
they dwell ; which recognizance shall be taken within the space of 
thirty days after the granting of such licence, otherwise the persons 
licen[s][c]ed shall l[o]ose the benefit of his or her said licence; and 
no person shall be licen[s][c]ed by the said justices that hath not 
accounted with the farmer, and paid him the excise due to him from 
such person at the time of his asking for such licen[s][c]e. 
Preamble. And ivhereas, notwithstanding the laws made against selling strong 

drink without licence, many persons not regarding the penalt[y] [?'«?] s and 
forfeitures in the said act, do receive and entertain persons in their 
houses, and sell great quantit[y] [?'e]s of spirits and other strong drink, 
without licence so to do first had and obtained, by reason whereof great 
debaucheries are committed and kept secret, the end of this law in a 
great measure frustrated, and such as take licences and pay the excise 
greatly wrong[e]d and injured, — 
Be it therefore further enacted^ 
Forfeiture of £3 [Sect. 7.] That whosoevcr, after the said twenty-ninth day of 
ouVucenfe.^''^'^ June, one thousand seven hundred and forty-five, shall presume, 
directly or indirectl}^, to sell any brandy, rum or other distilled spirits, 
wine, beer, cj'der, perry or any other strong drink, in any smaller quan- 
tit}^ than a quarter cask (twenty gallons to be accounted a quarter cask, 
and all delivered to one person without drawing any part of it off), 
without licence first had and obtained from the court of general ses- 
sions of the peace, and recognizing in manner as aforesaid, shall forfeit 
and pay for each offence, the sum of three pounds to the farmer, and 
costs of prosecution ; and all such as shall refuse or neglect to pay the 
fine aforesaid, shall stand closely and strictly committed in the common 
goal of the county for three months at least, and not to have the lib- 
erty of the goaler's house or yard ; and any goaler giving any person 
liberty contrary to this act, shall forfeit and pay three pounds, and pay 
costs of prosecution as aforesaid ; and if any person or persons, not 
licenced as aforesaid, shall order, allow, permit or connive at the selling 
of any strong drink, contrary to the true intent or meaning of this 
act, b}^ his or her child, or children, servant or servants, or any other 
person or persons belonging to or in his or her house or family, and be 
thereof convict, he, she or they shall be reputed the offender or offend- 
ers, and shall suffer the same penalt[y][je]8 as if he, she or they had sold 
such drink themselves. 
And he it further enacted. 
One evidence [Sect. 8.] That when any person shall be complained of for selling 

sufficient. ^^^ Strong drink without licence, one witness produced to one such 

fact, and another produced to another, shall be sufficient conviction, 
provided there be not more than the space of forty days between the 
facts concerning which such witnesses declare. And when and so often 
as it shall be observed that there is a resort of persons to houses sus- 
pected to sell strong drink without licence, au}^ justice of the peace 
shall have full power to convene such persons before him, and examine 
them upon oath concerning the person suspected of selling or retailing 
strong drink in such houses, outhouses or other dependencies thereof, 
and on just ground to bind over the person suspected, and the wit- 
nesses, to the next court of general sessions of the peace for the county 
where such person shall dwell. 
And he it further enacted, ■ 
Penalty on per- [Sect. 9.] That if any person or persons shall be summoned to 
give evfdencl.*° appear before a justice of the peace, or the grand jury, to give evi- 
dence relating to any person's selling strong drink without licence, or 
to appear before the court of general sessions of the peace, or other 
courts proper to try the same, to give evidence on the tr[y][t]al of any 



[1st Sess.] Province Laws.— 1745-46. 239 

person informed against, presented or indicted for the selling strong 
drink without licence, and shall neglect or refuse to appear, or to give 
BAddence in that behalf, every person so offending shall forfeit the sum 
of twenty pounds ; the one half to be for his majesty, the other half to 
and for the use of him or them who shall sue for the same as aforesaid. 
And when it shall so happen that witnesses are bound to sea before the 
sitting of the court where any person or persons informed against for 
selling strong drinlc without licence is or are to be prosecuted for the 
same, in every such case, the deposition of any witness or witnesses in 
writing, taken before any two of his majesty's justices of the peace, 
qicorum inms^ and sealed up and delivered into court, the adverse party 
having first had a notification in writing sent to him or her of the time 
and place of caption, shall be esteemed as suflScient evidence in the law 
to convict an}^ person or persons offending against this act, as if such 
witness or witnesses had been present at the time of trial, and given 
his, her or their deposition viva voce; and every person or persons who 
shall be summoned to give evidence before two justices of the peace in 
manner as aforesaid, and shall neglect or refuse to appear or to give 
evidence relating to the facts he or she shall be [ej[i]nquired of, 
shall be liable and subject to the same penalty as he or she would 
have been by virtue of this act, for not appearing, or neglecting or 
refusing to give his or her evidence before the grand jury or court as 
aforesaid. 

And he. it further enacted, 

[Sect. 10.] That all fines, forfeitures, and penalt[y][ie]s arising How fines shall 
by this act shall and may be recovered by presentment of the grand ^^ '■^covered. 
jury at the court of sessions, or by bill, plaint, complaint or informa- 
tion, where the sum forfeited does not exceed three pounds, before any 
one of his majesty's justices of the peace in the respective coun- 
t[y][ie]s where such offence shall be committed ; which said justice is 
herebj^ impow[e]red to try and determine the same. And such justice 
shall make a fair entry or record of all such his proceedings : saving 
ahoays to any person or persons who shall think him, her or themselves 
aggrieved by the sentence or determination of the said justice as afore- 
said, liberty of appeal therefrom to the next court of general sessions 
of the peace to be holden in and for said county, at which court such 
offence shall be finally determined : provided that in said appeal the 
same rules be observed as are already b}^ law required in appeal from 
justices to the court of general sessions of the peace. 

And to the end the revenue arising from the aforesaid dut[y] [/e]s of 
excise may be advanced for the greater benefit and advantage of the 
publick, — 

Be it further enacted, 

[Sect. 11.] That one or more persons to be nominated and ap- Persons chosen 
pointed by the general court for and within the several counties within court*^havr^ 
this province, timely publick notice being first given of the time, place, P°^t|Vexcise^ 
and occasion erf their meeting, shall have power, and are hereby author- 
ized, from time to time, to contract and agree with any person for or 
concerning the farming the dut[y][ie]s in this act mentioned, upon 
brandy, rum, or other the liquors and commodities aforesaid, in the 
respective count [y][ie]s for which they shall be appointed, as may be 
for the greatest profit and advantage of the publick, so as the same 
exceed not the term of three years after the commencement of this act ; 
and every person to whom the dut[y][i'e]s of excise in any county 
shall be let[t] or farmed, shall have power to inspect the houses of all 
such as are licen[s][c]ed, and of such as are suspected to sell without 
licence, and to demand, sue for, and recover the excise due from 
licen[s][c]ed persons by virtue of this act. 



240 



Province Laws. — 1745-46. [Chap. 2.] 



Farmers to give 
bond with sure- 
ties, to the prov- 
ince treasurer. 



Farmers may 
constitute depu- 
ties. 



Farmers may- 
compound and 
agree witli 
retailers or inn. 
holders for their 
whole excise by 
the year. 



Penalty for 
farmer's conniv- 
ing at persons 
not licensed sell- 
ing strong 
drink. 



And be it further enacted, 

[Sect. 12.] That the farmer shall give bond with two sufficient 
suret[y][i«]s, to the province treasurer for the time being, and his suc- 
cessors in said office, in double the sum of money that shall be con- 
tracted for, with condition that the sum agreed be paid into the province 
treasury for the use of the province, at the expiration of one year from 
the date of such bond, which bond the person or persons to be appointed 
as aforesaid a committee for such county are to take, and the same to 
lodge with the treasurer aforesaid, within twenty days after such bond 
is executed, and the said treasurer, upon failure or neglect of payment 
at the time therein limit[^]ed, shall and hereby is impow[e]red and 
directed to put such bond in suit, and to receive the money due thereon 
for the use aforementioned ; and the said committees shall render an 
account of their proceedings touching the farming this duty on rum, 
wine, and other the liquors and species aforesaid in their respective 
count[y][ie]s to the general court in the first week of their fall ses- 
sions, and shall receive such sum or sums for their trouble and ex- 
pences in said affair as said court shall think fit[t] to allow them. 

[Sect. 13.] And every person farming the excise in any county 
may substitute and appoint one or more deput[y] [ie]s under him, upon 
oath, to collect and receive the excise aforesaid, which shall become 
due in such countj^, and pay in the same to the farmer ; which deputy 
or deput[y][ie]s shall have, use and exercise all such powers and authori- 
t[y][ie]s as in and by this act is given or committed to the farmers for 
the better collecting the dut[y] [te]s aforesaid, or prosecuting of oflend- 
ers against this act. 

A7id be it farther enacted, anything hereinbefore contained to the con- 
trary notwithstanding, 

[Sect. 14.] That it shall and may be lawful to and for the said 
farmers, and every of them, to compound and agree with any retailer 
or innholder within their respective divisions, from time to time, for 
his or her excise for the whole year in one entire sum, as they in their 
discretion shall think fit[t] to agree for, without making any entry 
thereof, as is before directed ; and all and every person or persons, to 
whom the said excise or any part thereof shall be let[t] or farmed by 
themselves or their lawful substitutes, may and hereby areimpow[e]red 
to sue for and recover in any of his majesty's courts of record, or 
before a justice of the peace where the matter is not above his cogni- 
zance, any sum or sums that shall grow due from any of the aforesaid 
duties of excise, where the party or part[y][ie]s for whom the same is 
or shall become due shall refuse or neglect to pay the same. 

And be it further enacted, 

[Sect. 15.] That in case any person farming the excise as afore- 
said, or his deputy, shall at any time during their continuance in said 
office, wittingly and willingly connive at, or allow, any person or per- 
sons within their respective divisions, not licenced by the court of gen- 
eral sessions of the peace, their selling any brandy, wing, rum, or other 
liquors by this act forbidden, such farmer or deputy, for every such 
offence, shall forfeit the sum of fifty pounds, one half whereof shall be 
to his majesty for the use of the province, the other half to him or 
them that shall inform or sue for the same, and shall thenceforward be 
forever disabled from serving in said oflace. [Passed June 29 ; pub- 
lished July 9. 



[1st Sess.] Provixce Laws. — 1745-46. 241 



CHAPTER 3. 

AN ACT FOR GRANTING THE SUM OF FIFTEEN HUNDRED POUNDS FOR 
THE SUPPORT OF HIS MAJESTY'S GOVERNOUR. 

Be it enacted by the Governour, Council and House of Representatives., 
[Sect. 1.] That the sum of fifteen hundred pounds, in bills of 
credit of the last emission, be and hereby is granted unto his most ex- 
cellent majesty, to be paid out of the publick treasurj' to his excellency 
William Shirley, Esq., captain-general and governour-in-chief in and 
aver his majesty's province of the Massachusetts Bay, for his past 
services, and further to enable him to manage the publick affairs of the 
province. 

[Sect. 2.] The aforesaid sum of fifteen hundred pounds shall be 
paid out of the next general supply bill that shall be hereafter agreed 
on and pass'd by this court. \_Passed June 25 ; publisJied July 9. 



CHAPTER 4. 

AN ACT FOR GRANTING A SUM FOR THE PAY OF THE MEMBERS OF 
THE COUNCIL AND HOUSE OF REPRESENTATIVES IN GENERAL 
COURT ASSEMBLED, AND FOR ESTABLISHING THE WAGES, &cCa1, OF 
SUNDRY PERSONS IN THE SERVICE OF THE PROVINCE. 

Be it enacted hytlie Governour, Council and House of Representatives, Pay of the mem. 

[Sect. 1.] That from the beginning of the present session of the councu.'^^ 
general court unto the end of their several sessions till May next, each 
member of the council shall be [e][i]ntitled to four shillings and six- 
pence per diem, to be paid out of the publick treasury, by warrant 
according to the direction of the royal charter, upon certificate given 
of the number of days of such member's attendance, and travel to and 
from the court, twenty miles to be accounted a day's travel. 

And he it farther enacted, 

[Sect. 2.] That each member of the house of representatives serv- Pay of the rep. 
ing the time afores[at]d shall be paid three shillings per diem, upon ''^^^'^*'^^^®*- 
certificate given by the clerk of the house of represent[a<i]ves of the 
number of da3-s of such member's attendance, and travel to and from 
the court, twenty miles to be accounted a day's travel. 

And be it further enacted, 

[Sect. 3.] That the wages of the captain of Castle William shall Payof theoffl. 
be after the rate of sixty pounds per annum, from the twentieth day of dters^at'cTstie 
March, one thousand seven hundred and fort}'- four, to the twentieth wnuam. 
day of November, one thousand seven hundred and forty-five ; of the 
lieutenant, for that term, forty pounds ; of the chaplain, forty pounds ; 
of the gunner, fifty pounds ; of the gunner's mate, forty shillings per 
month ; of four ser[g][j]eants, each thirty shillings per mouth ; and of 
six quarter-gunners, each thirty shillings per month ; of six corporals, 
each twenty-six shillings and sixpence per month ; two drummers, each 
twentj'-six shillings and sixpence per month ; of one armourer, forty 
shillings per month ; of forty centinels, each twent5--two shillings and 
sixpence per month : for their subsistence, six shillings and threepence 
per week per man. 

Ajid be it further enacted, 

[Sect. 4.] That the wages of the captain of Richmond Fort, from Richmond Fort. 
the twentieth day of March, one thousand seven hundred and fortj'-four, 
31 



242 



Pkovince Laws. — 1745-46. 



[Chap. 4.] 



Brunswick 
Fort. 



to the twentieth day of November, one thousand seven hundred and 
forty-five, shall be at the rate of forty shillings per month ; of one ser- 
[g][^'] cant, twenty-five shillings per month; of one corporal, twenty- 
four shillings per month ; of one armourer, thirty shillings per month ; 
and for the chaplain, twent3--five pounds per annum ; of one interpreter, 
fifteen shillings per month, being a centinel ; and of twenty centinels, 
' twenty-two shillings and sixpence per month. 

And be it further enacted, 
George's River. [Sect. 5.] That the wages of the captain of the truck-house on 
George's River, from the twentieth day of March, one thousand seven 
hundred and fort^^-four, to the twentieth day of November, one thousand 
seven hundred and fortj'-five, shall be at the rate of forty shillings per 
month ; of one lieutenant, twenty-six shillings per month ; of one ser- 
[g][JJeant, twenty-five shillings per month; of two corporals, each 
twenty-four shillings per month ; of thirty-three centinels, each twenty- 
two shillings and sixpence per month ; of one armourer, fourteen shil- 
lings per month, he being lieutenant ; of one interpreter, thirt}' shillings 
per month ; and of the chaplain there, twenty-five pounds per annum. 

A7id be it further enacted, 

[Sect. 6.] That the wages of the commanding ofBcer at Fort 
Brunswick, from the twentieth day of March, one thousand seven hun- 
dred and forty-four, to the twentieth day of November, one thousand 
seven hundred and forty-five, shall be at the rate of forty shillings per 
month ; of eleven centinels, each twenty -two shillings and sixpence per 
month ; one ser[g] [,;]eant, at twentv-five shillings per month. 

And be it further enacted, 

[Sect. 7.] That the wages of one ser[g][j]eant at the truck-house 
at Saco, from the twentieth day of Maix-h, one thousand seven hundred 
and fort^'-four, to the twentieth da}^ of November, one thousand seven 
hundred and forty-five, shall be at the rate of thirty shillings per month ; 
and of one corporal, twenty-four shillings per month ; of twelve cen- 
tinels, each twent)^-two shillings and sixpence per month. 

And be it further enacted, 

[Sect. 8.] That the wages of the commanding oflScer at Frederick 
Fort, from the twentieth day of March, one thousand seven hundred and 
forty -four, to the twentieth day of November, one thousand seven hun- 
dred and forty-five, be at the rate of forty shillings per month ; and of 
the chaplain there, fifteen pounds per annum ; and of twenty-one 
centinels, each twenty-two shillings and sixpence per month. 

And be it further enacted, 

[Sect. 9.] That the wages of the captain of the sloop in [the*] 
countr[e]y's service, from the twentieth day of March, one thousand seven 
hundred and forty-four, to the twentieth day of November, one thousand 
seven hundred and forty-five, shall be at the rate of fifty shillings per 
month ; of the mate, thirty shillings per month ; of eight sailors, each 
twenty-five shillings per month ; for the sloop, seven pounds ten shil- 
lings per month. 

And be it further enacted, 

[Sect. 10.] That before pa3^ment of any muster-roll be allowed, 
oath be made by the officer or person presenting such roll, that the oflS- 
cers and soldiers born on such roll have been in actual service for the 
whole time they stand ent[e]red thereon. \_Passed June 27 ; published 
July 9. 

* The engrossment is mutilated here. 



Saco truck- 
house. 



Frederi-ck Fort. 



Country's sloop. 



Oath to be 
made, &c. 



[1st Sess.] Province Laws.— 1745-46. 243 



CHAPTER 5. 

AN ACT FOR ENCOURAGING THE KILLING OF WOLVES, BEARS, WILD- 
CAT [T]S AND CATTAMOUNTS, WITHIN THIS PROVINCE. 

Be it enacted by the Governour, Council and House of Representatives, 

[Sect. 1 .] That whosoev[er *] hath, since the twentj'-fourth of April Premium ai. 
last, or shall from and after the publication of this act, kill any grown wolf, jng '^^oi^L't'"" 
bear, wildcat[t] or cattamount, or any wolfs, wildcat or cattamonnt's ^^^'e^j^J^^°^\^g 
whelps, or bear's cubbs, under one j^ear old, and other than such as ^" *^'* ''"'°'^" ^' 
shall be taken out of the belly of any female bear, wolf[e], wildcat[t] mi.42,cbap.23. 
or cattamount within this province, and bring the whole head thereof 
unto the const[aWe*] of the town in which such wolf[e], bear, wild- 
cat[t] or cattamount, or wolf's, wildcat[t]'s or cattamonnt's whelp[s], 
or bear's cubb, shall be [Jdlled*^, or to the constable of the town next 
adjacent unto the place where the same was killed without the bounds 
of any township, th[e*] constable, in the presence of one or more of 
the selectmen, shall cut[t] both the ears off the same. 

[Sect. 2.] And such selectman or me[9» and*^ constable, shall give 
the party a receipt for the said head, expressing whether it be, in their 
judgment, a grown wolf[e], bear, [?tu7d*]cat or cat[t]amount, or 
w^olf[e]'s, wildcat [t] or cattamount's whelp, or bear's cubb, and upon 
producing such receipt, the party sh[a?^*] be paid and allowed by the 
selectmen or treasurer of such town, out of the town stock for the same, 
the following pr[emi«ms*], and no other ; viz^^'^., the sum of forty shil- 
lings in the bills last emitted by this court, or other bills of this province 
equ[ivalent*^ thereto, for a wolf[e] ; and for a wolf[e]'s whelp, the 
sum of thirteen shillings and fourpence ; for a cattamount, fifty shil- 
l[;"/?(/s*] ; for a cattamount's whelp, twenty-five shillings; and for 
every bear that shall be killed from the first of April to [^/te*] last of 
August, yearly, ten shillings ; for every bear's cub[&] killed during 
that season, five shillings ; for a wildcat[t], the s[ym*] of six shillings ; 
and the sum of three shillings for every wildcat[t]'s whelp. 

[Sect. 3.] And all such payments so made, shall be allowed 
[6^*] the treasurer and receiver-general of this province, upon his 
receiving a certificate, under the hands of a major part of the selectmen 
in such town, and town treasurer, where any such be, or town clerk, 
expressing the same, which certificate shall be in the following form ; 
viz^'^.,— 

IMr. Treasurer, 
This may certify that thei'e hath been paid out of the town stock of A., for Form of the 
grown wol[f][u]es, bears, wiklcat[t]s or cattamounts, and certificate. 
wolves', wildcat [t]s' or cattamounts' whelps, or bears' cubs, killed in or near 
this town since the day of last past, and the heads 

thereof ])rought unto our constable or constables, and the ears cut[t] off in 
the presence of some of ourselves, as the law directs, and so certit[y] [i]_ed 
unto us ; in the whole, the sum of pounds ; 'which sum w^e desire 

you to allow to our town by paying the same unto , our 

town treasurer. Dated in aforesaid, the day 

of , anno domini, 17 

\ Selectmen, town treasurer, 
J or town clerk. 

And be it further enacted.^ 

[Sect. 4."] That the treasurer do cause a competent number^ of Province treas^- 
blank certificates in the form aforesaid, to be printed at the publick cmiflcates?' " 

* The pavcliment is mutilated. 



244 



Pkovince Laws. — 1745-46. 



[Chap. 6.] 



Inhabitants to 
be assessed for 
the premiums. 



Oath to be 
made that the 
creatures were 
killed within 
the province. 



Indians to be 
entitled to the 
premiums. 



Limitation. 



charge, and affix his own seal thereto, and is hereby ordered to deliver so 
many unto the selectmen of each town or place respectively, or some 
one of them, as shall be necessary for the use of such town or place. 

And be it further enacted, 

[Sect. 5.] That the selectmen of each town respectively shall be 
and hereby are sufficiently authorized and impow[e]red to assess the 
inhabitants of [their *'\ town yearly, in due proportion as near as they 
can, such sum and sums as they shall judge necessary to answer the 
payments to \he *] made out of the town stock as aforesaid, together 
with the other charges of the town, and to cause the same to be col- 
lected in manner as [is*] by law directed for the gathering of town 
rates. 

And for preventing any persons receiving a premium for any grown 
or you[?i^*] wolf, bear, wildcat [t] or cat[t] amount, killed without the 
bounds of this province, — 

Be it enacted, 

[Sect. 6.] That when and so often as any person shall bring the 
head of any grown or young wolf [e] , bear, wildcat[t] or cattamount, 
to the constable of any town or distr[/cf *] within this province, and it 
be suspected that it was not killed within the same, such person shall 
not be [e][t]ntitled to the reward in [this*'\ act provided, until he 
makes oath before one of his majesty's justices of the peace, or select- 
men of the town, in such town where [no*] justice of the peace 
dwells, who are hereby impow[e]red to administer the same, that such 
wolf [e] , bear, wildcatft] or cattamount, [was *] bond fide killed within 
this province. " * 

And be it further enacted, 

[Sect. 7.] That if any Indian shall kill any wolf, bear, [wi7c?*]cat 
or cattamount, or wol[f]['ye]s' wildcat[t]s', or cattamounts' whelp[s] or 
bear's cub[b] within this province, he shall be [e][^]ntitIed to the 
[.same *] reward in this act provided for killing thereof, in case such 
Indian bring the head of such wolf, bear, wildcat[t] or cattamo[itn«*], 
or wolf[e]'s, wildcat[t]'s or cattamount's whelp, or bear's cubb to a 
constable, and satisfy the selectmen of the town where the sa[me *] is 
brought, that it was killed within this province. 

[Sect. 8.] This act to continue and be in force for the space of five 
years from the publication thereof, and no longer. \_Passed June 29 ; 
published July 9. 



CHAPTEE 6. 

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF SEVENTY 
THOUSAND POUNDS, FOR DISCHARGING THE PUBLIC DEBTS, &cCa]., 
AND FOR DRAWING IN THE SAID BILLS INTO THE TREASURY AGAIN. 



£70,000 bills of 
credit to he 
emitted. 



Be it enacted by the Governour, Council, and House of Representatives, 
[Sect. 1.] That the treasurer be and hereby is impow[e]ved and 
ordered to emit and issue forth the sum of seventy thousand pounds in 
bills of credit of the last tenor and date, now l^ing in his hands, and 
receiv[e]'d in for taxes, impost, and excise, which shall pass in all pub- 
lick payments equal to other new-tenor bills, emitted since one thou- 
sand seven hundred and forty ; or, if there shall not be a sufficiency of 
such bills, that then the committee appointed by this court for signing 
bills are hereby directed and impow[e]red to take care and make effect- 



* The parchment is mutilated. 



[1st Sess.] Province Laws. — 1745-46. 245 

ual provision, [so] [as] soon as may be, to imprint the said bills, or 
so many as may be needed to compleat the said sum, and to sign and 
deliver the same to the treasurer, taking his receipt for the same ; and 
the said committee shall be under oath for the faithful [1] performance 
of the trust by this act reposed in them. And the said sum of seventy 
thousand pounds shall be issued out of the treasury in manner and for 
the purposes following ; viz"^'^., the sum of five thousand pounds, part £5,ooo for wages 
of the aforesaid sum of seventy thousand pounds, be appl[y][i]ed for famlnd'^er 
the payment of wages that now are, or that hereafter may be, due by garrisons, &c. 
virtue of the establishment of Castle William, Frederick Fort, Rich- 
mond Fort, George's Truck-house, Saco Truck-house, Brunswick Fort, 
the sloop in the countr[e]y's service, and the treasurer's usual disburse- 
ments ; and the sum of six thousand pounds, part of the aforesaid sum £6,ooo forput- 
of seventy thousand pounds, shall be appl[y][i]ed for putting the prov- iBcflnto^a"^" 
ince into a better posture of defence, for compleating the repairs of better posture 
Castle William and other forts, for paying of such officers and soldiers °^ <^«^«°'=e, &c. 
as have done service for the province, whose wages are now due, which 
officers and soldiers shall be paid out of this appropriation preferable to 
an}' other service ; and for such officers and soldiers as are and may be 
in the province service, according to the several establishments for that 
purpose, for purchasing all needful[l] warlike stores for the several 
forts and garrisons within this province, pursuant to such grants as are 
or shall be made by this court for those purpose ; and the sum of 
eleven thousand five hundred pounds, part of the aforesaid sum of sev- £ii,5oo for pay. 
enty thousand pounds for the payment of his majesty's council, and Sajllty's^coun- 
such other grants as are or shall be made by this court ; and for the <=>'- ^nd other 
paj-ment of stipends, bounties, and premiums established by law ; and ^"^^'^ ^' 
for the payment of all other matters and things which this court have 
or shall, either by law or orders, provide for ihe payment of out of the 
publick treasury, and for no other purpose whatsoever : the sum of one £i,ooo for debts 
thousand pounds, part of the aforesaid sum of seventy thousand pounds, ^tabulhment."** 
shall be applied for the discharge of other debts owing from this province 
to persons that have served or shall serve them by order of this court in 
sucl^ matters and things where there is no establishment, nor any cer- 
tain sum assigned for such service, and for paper, printing, and writing 
for this court, the expences of the committees of council, or of the 
house, or of both houses, the surgeon of Castle William, and wooding 
of said castle ; and the sum of two thousand four hundred pounds, £2,4oo for the 
part of the aforesaid sum of seventy thousand pounds, shall be ap- seYtatUes/''^'^ 
pl[y][t]ed for the payment of the house of representatives serving in 
the general court during their several sessions this present year ; and 
the sum of forty-three thousand eight hundred pounds, part of the £43,8oo for the 
aforesaid sum of seventy thousand pounds, shall be applied to de- expedition ^'^^ 
fr[e][a]y the charges of the expedition against his majesty's ene- |gainstcape 
™[y][^^]s at Cape Breton and parts adjacent. 

And whereas there are sometimes publick entertainments, and, from 
time to time, contingent and unforeseen charges that demand prompt 
payment, — 

Be it further enacted, 

[Sect. 2.] That the sum of three hundred pounds, the remaining ^°^e°ntg"|fg" 
part of the aforesaid sum of seventy thousand pounds, be applied to ^^"'"®"*' 
defrey and pay such entertainments and contingent charges, and for no 
other use whatsoever. 

And be it enacted, 

[Sect. 3.] That if there be a surplusage in any sum appropriated, ^"^P'^^g^trel'L 
such surplusage shall l[y][*]e in the treasury for the further order of ury? 
this court. 



246 PROVINCE Laws.— 1745-46. [Chap. 6.] 

And be it further enacted, 
Warrants to [Sect. 4.] That cach aud every warrant for drawing money out of 

appropriations. ^^'^ treasiuy shall direct the treasurer to take the same out of such sums 
as are rcspectivel}' appropriated for the pa^-ment of such publick debts 
as the draughts are made to discharge ; and the treasurer is hereby 
directed and ordered to pay such money out of such appropriation as 
dirccte/l to, and no other, upon pain of refunding all such sum or sums 
as he shall otherwise pay, and to keep exact and distinct accompts of all 
payments made out of such appropriated sums ; and the secretary, to 
whom it belongs to keep the muster-rolls and accompts of charge, shall 
lay before the house, when they direct, all such muster-rolls and ac- 
com[)ts after payment thereof. 

And as a fund and securit}- for drawing the said sum of seventy thou- 
_ sand pounds into the treasury again, — 
Be it further enacted, 
£33,800 in 1751. [Sect. 5.] That there be and hereb}' is granted unto his most excel- 
lent majesty, for the ends and uses aforesaid, a tax of thirty-three 
thousand eight hundred pounds, to be levj^ed on polls, and estates both 
real and personal, within this province, according to such rules and in 
such proportion [s] on the several towns and districts within the same, 
as shall be agreed upon and ordered by this court at their session in 
Ma}', one thousand seven hundred and fifty-one, and paid into the pub- 
lick treasury on or l^efore the last day of December then next after. 

And as a further fund and security for drawing in the said sum of 
seventy thousand pounds into the treasury again, — 
Be it further enacted, 
£33,800 in 1752. [Sect. 6.] That there be and hereby is granted unto his most excel- 
lent majesty, for the ends and uses aforesaid, a tax of thirty-three 
thousand eight hundred pounds, to be levyed on polls, and estates both 
real and personal, within this province, according to such rules and in 
such proportion [s] on the several towns and districts within the same, 
as shall be agreed upon and ordered by this court at their session in 
May, one thousand seven hundred and fifty-two, aud paid into the pub- 
lick treasury on or before the last day of December then next after.^ 

And as a fund and security for drawing in such sum or sums as shall 
be paid out to the representatives of the several towns, — 
Be it enacted, 
Tax to be made [Sect. 7.] That there be and hereby is granted unto his most excel- 
tiic rc'preseur' Icut mojcsty a tax of such sum or sums as shall be paid to the several 
ativcs, representatives as aforesaid, to be lev[y][2"]ed and assessed on the 

polls and estates of the inhabitants of the several towns, according to 
what their several representatives shall so receive, which sums shall be 
set[t] on the towns in the next province tax ; and the assessors of the 
said town shall make their assessment for this tax, and apportion the 
same according to the rules that shall be prescribed by the act of the 
general assembly for assessing the next province tax ; and the consta- 
bles in their respective districts shall pay in the same when the}- pay in 
the province tax for the next year, of which the treasurer is hereby 
directed to keep a distinct and seperate account ; and if there be any 
surplusage, the same shall l[y][i]e in the hands of the treasurer for the 
further order of this court. 
And be it further enacted, 
Tax for the [Sect. 8.] That iu case the general court shall not at their session 

emitted 1*0 be^ in May, ouc thousaud seven hundred and fifty-one, and one thousand 
toTiie^^ccedrtfo. scvcu hundred and fift^'-two, agree and conclude upon an act apportioning 
tax act, in case." the sum which b}' this act is engaged shall be in those years apportioned, 
assessed and lev[y][i}ed, that then and in such case each town and dis- 
trict within this province shall pay, by a tax to be lev[y][j]ed on the 



[1st Sess.] Province Laws. — 1745-46. 247 

polls, and estates both real and personal, within their districts, the same 
l^roportifjns of the said sums as the said to^ns and districts shall have 
been taxed b}' the general court in the tax act then next preceeding ; 
and the province treasurer is hereby fully impow[e]red and directed, 
some tiipe in the month of June, in the j'ear one thousand seven hun- 
dred and fift3'-one, and one thousand seven hundred and fifty-two, to 
issue and send forth his warrants, directed to the selectmen or assessors 
of each town and district within this province, requiring them to assess 
the polls, and estates both real and personal, within their several towns 
and districts, for their respective part and proportion of the sum before 
direc[?erf*] and engaged to be. assessed by this act ; and the assessors, 
as also persons assessed, shall observe, be govern[ecZ hy*'\, and subject 
to all such rules and directions as shall have been given in the next 
preceedin[f7 *] tax act. . 

And he it further enacted, 

[Sect. 9.] That the inhabitants of this province shall [_liave*'\ lib- Taxes to be paid 
erty, if [they see Jit, to pan the s*]everal sums for which they respect- gpccies'irerein 
ively may, in pursuance of l\\[is act*"] be assessed [in bills of credit enumerated. 
of the form a*]nd tenor by this act emitted, or in other new-tenor 
bills, [or in*^ bills of the middle tenor, according to their several 
denominations, or in bills of the old tenor, accounting four for one ; or 
in coined silver, at seven shillings and sixpence per ounce, troy weight, 
and [o/"*] sterling alloy, or in gold coin, proportionably ; or in mer- 
chantable hemp, flax, winter and Isle-of-Sab[Ze*] codfish, refined bar- 
iron, blooraery-iron, hollow iron-ware, Indian corn, rye, wheat, barley, 
pork, beef, duck or canvas, whalebone, cordage, train-oil, beeswax, ba}'- 
berry-wax,' tallow, peas[e], sheepswo[o]l[l], or tan[?z]'d sole-leather' 
(the aforesaid commodities being of the produce or manufactures of this 
province), at such moderate rates and prices as the general assembly 
of the year[.'>] one thousand seven hundred and fift3'-one, and one thou- 
sand seven hundred and fifty-two, shall set[t] them at ; the several 
persons paying their taxes in any of the commodities aforementioned, 
to run the risque and pay the charge of transporting the said commod- 
ities to the province treasury; but if the aforesaid general assembly Howthecom- 
shall not, at their sessions in Ma}^ some time before the twentieth day b,.ou'<^hunto the 
of June in each 3'ear, agree upon and set the aforesaid species and treasury are to 
commodities at some certai[n*i price, that then the eldest councellors, ^®'"^'^*^- 
for the time being, of each of those count[y][i''e]s in the province, of 
which any one of the council is an inhabitant, together with the prov- 
ince treasurer, or the major part of them, be a committee, who hereby 
are directed and fully authorized and irapowered to do it ; and in their 
set[^]ling the p[r/ces*] and rating the value of those commodities, to 
state so much of them, respectively, at seven shillings and sixpen[ce*] 
as an ounce of silver will purchase at that time in the town of Boston, and 
so 2yi'o rata. And the treasurer is hereby directed to insert in the several 
warrants b}' him sent to the several collectors of [the'] taxes in each 
y[<?ar*], with the names of the afore-recited commodities, the several 
prices or rates which shall be set[t] on them, either by the general assem- 
bly or the committee aforesaid, and direct the aforesaid collectors to 
receive them so. 

[Sect. 10.] And the afofesaid commodities, so brought into the treas- Treasurer to eeii 
ury, shall, as soon as may be, be disposed of by the treasurer to the best mocUties?"™' 
advantage for so much as the}'' will fetch in bills of credit herel\v to be 
emitted, or for silver or gold, which silver and gold shall be delivered 
to the possessor of said bills in exchange for them ; that is to sa}', one 
ounce of silver coin, and so gold in proportion, for seven shillings and 

* The parchment is mutilated. 



248 Province Laws.— 1745-46. [Chap. 7.] 

sixpence, and so pi'o rata for a greater or less sum ; and if any loss 
shall happen by the sale of the aforesaid species, or by any unforeseen 
accident, such deficiency shall be made good by a tax of the jear next 
following, so as fully and effectually to call in the whole sum of seventy 
thousand pounds in said bills hereby ordered to be emitted ; and if 
there be a surplusage, it shall remain a stock in the treasury. \_Passed 
July 2 ; published July 9. 



CHAPTER 7. . 

AN ACT TO PREVENT UNNECESSARY COST BEING A[ZZOrr£D*] TO 
PARTIES AND WITNESSES IN THE SEVERAL COURTS OF JUSTICE 
WITHIN THIS PROVINCE. 

Preamble. "Whereas oftentimes there are several plaintiffs or defendants in one 

and the same action, brought either to the superio[M]r court, or the 
iuferio[M]r court of common pleas within the respective counties, and 
in taxing the bills of cost arising on said actions, all the plantiffs or 
defendants mentioned in the writ so brought are allowed for their 
attendance, altho' it frequently' happens that only one of the plantiffs 
or defendants do actually attend, and sometimes neither of them ; and 
inasmuch as an allowance is sometimes made for witnesses not sum- 
moned, or when summoned for much longer time than such witnesses 
have actually attended the court, by which means bills of cost are 
exorbitantly enhanced ; for the prevention whereof for the future, — 
Be it enacted by the Governour, Council and House of Representatives, 
Justices of the [Seot. 1.] That from and after the publication of this act, neither 
Miiow^^cost^bul*" the justices of the superio[w]r court, nor the justices of the inferio[M]r 
for one person court of commou pleas in the respective counties within this province, 
Jiefeiidant, ex- shall, in taxing any bills of cost, allow for the attendance of more than 
•=°P*'- one person as plantift" or defendant, altho' there are more plantiffs or 

defendants than one, in any suit or action, and appear b}' themselves or 
by their attorney or attorne3's, except where the defendants plead sever- 
ally ; and in case of the actual attendance of either plantiff or defendant, 
they shall be allowed in the bill of cost for no longer time than they 
make evident to the court the number of miles they travel, and time of 
their attendance as aforesaid. 
And be it further enacted, 
No person filing [Sect. 2.] That uo pcrson filing a complaint in the superio[w]r 
iU'^auTwe'dVor court or inferio[?i]r court respectively for the affirmation of a former 
mornhan three judgment, shall be allowed at any time more than three days' attend- 
ance. aucc in the bills of costs to be taxed by said courts. 

And be it further enacted, 

No witness, not [Sect. 3.] That no witness giving his or her deposition in any case, 

*f/?vw7?a!?o be ^^o shall uot bc scrvcd with a subpoena, shall be allowed in the bill of 

allowed more cost[.s] any morc than one da3''s attendance, nor shall any witness 

attendance" &c. summoucd to .appear be allowed for more da3'S than such witness shall 

actually attend and make it evident to the court where the action shall 

be commenced, by their certifying on the subpoena the number of miles 

of their travel, and time that he or she has actually attended. 

[Sect. 4.] This act to continue and be in force for the space of five 
3'ears from the publication hereof, and no longer. \_Passed June 29 ; 
published July 11. 

* The parchment is mutilated. 



[2d Sess.] Province Laws. — 1745-46. 249 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Seventeenth day of July, A. D. 1745. 



CHAPTER 8. 

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF SEVENTY 
THOUSAND POUNDS FOR THE USE AND SERVICE OF HIS MAJESTY'S 
GARRISON AT LOUISBOURG, AND FOR REPAIRING THE FORTRESSES 
AND OTHER BUILDINGS THERE, AND FOR DRAWING IN THE SAID 
BILLS INTO THE TREASURY AGAIN. 

Be it enacted by the Governour, Council and House of Representatives^ 

[Sect. 1.] That the treasurer be and hereby is impowred and £7o,ooobiii8 
ordered to emit and issue forth the sum of seventy thousand pounds in emitted? *** ^* 
bills of credit of the last tenor and date now lying in his hands, and 
reeciv'd for taxes, impost and excise, which shall pass in all publick 
payments equal to the other new-tenor bills, emitted since one thousand 
seven hundred and forty; or if there be not a sufficiency of such bills, . 
that then the committee for signing bills are hereby directed and im- 
powred to take care and make effectual provision, as soon as may be, 
to imprint the said bills, or so many as may be needed to compleat the 
said sum, and to sign and deliver the same to the treasurer, taking his 
receipt for the same ; and the said cornmittee shall be under oath for 
the faithful performance of the trust by this act reposed in them ; and 
the said sum of seventy thousand pounds shall be issued out of the 
publick treasury for the purpose following ; viz., for the use and service 
of his majesty's garrison at Louisbourg, and for repairing the fortresses 
and other buildings there. 

Ayid he it enacted,^ 

[Sect. 2.] That if there be a surplusage in the sum appropriated Surplusage to 
as aforesaid, such surplusage shall lie in the treasury for the further jj'^yf *^® ^^^'^ 
order of this court. 

And as a fund or security for drawing the aforesaid sum of seventy 
thousand pounds into the treasury again, — 

Be it farther enacted^ 

[Sect. 3.] That there be and hereby is granted unto his most excel- £35,000 in 1753. 
lent majesty, for the ends and uses aforesaid, a tax of thirty-five thou- 
sand pounds, to be levyed on polls, and estates both real and personal, 
within this province, according to such rules and in such proportions 
on the several towns and districts within the same, as shall be agreed 
upon and ordered by this court at their session in May, one thousand 
seven hundred and fifty-three, and paid into the publick treasury on or 
before the last day of December then next after. 

And as a further fund and security for drawing in the aforesaid sum 
of seventy thousand pounds into the treasury again, — 
32 



250 Province Laws. — 1745-46. [Chap. 8.] 

Be it further enacted, 
£35,000 1111754. [Sect. 4.] That there be and hereb}^ is granted unto his most 
excellent majesty, for. the ends and uses aforesaid, a tax of thirty-five 
thousand pounds, to be levyed on polls, and estates both real and per- 
sonal, within this province, according to such rules and iu such propor- 
tions on the several towns and districts within the same, as shall be 
agreed upon and ordered hy this court at their session in May, one 
thousand seven hundred and fift3'-four, and paid into the publick 
treasury on or before the last day of December then next after. 
And he it further enacted., 
Tax for the [Sect. 5,] That in case the general court shall not at their sessions 

emitted to be^ ^" May, ouc thousaud scvcu hundred and fifty-three, and one thousand 
mark- according sevcu hundred and fifty-four, agree and conclude upon an act apportion- 
tax actriu^'casef i"g the Several suras which by this act is engaged shall be in each of those 
years apportioned, assessed and levied, that then and in such case each 
town and district within this province shall pay, by a tax to be levied 
on the polls, and estates both real and personal, within their districts, 
the same proportion of the said sums as the said towns and districts 
shall have been taxed b}' the general court in the tax act then next 
proceeding ; and the province treasurer is hereby fully impowred and 
directed, some time in the month of June in each of those years, one 
thousand seven hundred and fiftj'-three and one thousand seven hun- 
dred and fifty-four, to issue and send forth his warrants, directed to the 
selectmen or assessors of each town and district within this province, 
requiring them to assess the polls, and estates both real and personal, 
within their several towns and districts, for their respective part and 
proportion of the sums before directed and engaged by this act to be 
assessed ; and the assessors, as also persons assessed, shall observe, be 
governed b}^ and subject to all such rules and directions as shall have 
been given in the next preceeding tax act. 
And be it further enacted, 
Taxes to be paid [Sect. 6.] That tho inuabitants of this province shall have liberty, 
species^*iTerem 1^ they SGC fit, to pay the Several sums for which they respectively 
enumerated. - may, in pursuaucc of this act, be assessed, in bills of credit of the 
form and tenor by this act emitted, or in any other new-tenor 
bills, or in bills of the middle tenor, according to their several 
denominations, or in bills of the old tenor, accounting four for one ; 
or in coined silver at seven shillings and sixpence per ounce, troy 
weight, of sterling alloy, or in gold coin, proportion ably ; or in 
merchantable hemp, flax, winter and Isle-of-Sable codfish, refined bar- 
iron, bloomery-iron, hollow iron-ware, Indian corn, r^-e, wheat, barlej-, 
pork, beef, duck or canvas, whalebone, cordage, train-oil, beeswax, 
bay berry-wax, tallow, peas[e], sheepswool, or tann'd sole-leather (the 
aforesaid commodities being of the produce or manufactories of this 
province), at such moderate rates and prices as the respective general 
assemblys of the years one thousand seven hundred and fifty-three and 
one thousand seven hundred and fifty-four shall set them at ; the several 
persons paying their taxes in any of the commodities aforementioned, 
to run the risque and pay the charge of transporting the said commodi- 
How the com- tics to the province treasury ; but if the aforesaid general assembl3'S 
blou^hTinto the ^^^^^ ^o^' ^^ their respective sessions in May, some time before the twen- 
treasury are to ticth day of Juuc, agree upon and set the aforesaid species and commodi- 
he rated. ^j^^ ^^ somc Certain price, that then the eldest councellor, for the time 

being, in each of those counties in J.he province, of which any one of 
the council is an inhabitant, together with the province treasurer, or 
the major part of them, be a committee, who are hereby directed and 
fully authorized and impowered to do it ; and in their setting the 
prices and rating the value of those commodities, to state so much of 



[2d Sess.] Province Laws. — 1745-46. 251 

them, respectivel,y, at seven shillings and sixpence as an ounce of silver 
will purchase at that time in the town of Boston, and so pro rata. And 
the treasurer is hereby directed to insert in the several warrants by him 
sent to the collectors of the taxes in those years, respectively, with the 
names of the afore-recited commodities, the several rates or prices 
which shall bo set on them, either by the general assembly or the com- 
mittee aforesaid, and direct the aforesaid collectors to receive them so. 

[Sect. 7.] And the aforesaid commodities so brought into the Treasurerto 
treasur}^ shall, as soon as maj' be, be disposed of by the treasurer to commoiuties. 
the best advantage for so much as they will fetch in bills of credit 
aforementioned, or for silver or gold, which silver and gold shall be 
delivered to the possessor of said bills in exchange for them ; that is 
to sa}-, one ounce of silver coin, and so gold in proportion, for seven 
shillings and sixpence, and so 2^0 rata for a greater or less sum ; and 
if any loss shall happen b}' the sale of the aforesaid species, by any 
unforeseen accident, such deficienc}^ shall be made good by a tax of the 
j-ear next following, so as fully and effectually to call in the whole sum 
of seventy thousand pounds in said bills hereby ordered to be emitted, 
and for which a tax on polls and estates is in this act laid as a fund ; 
and if there be a surplusage, it shall remain a stock in the treasury. 
{^Passed August 2 ; puUlshed August 7. 



CHAPTER 9. 

AN ACT TO SUBJECT THE UNIMPROVED LANDS WITHIN THIS PROVINCE 
TO BE SOLD FOR PAYMENT OF TAXES ASSESSED ON THEM BY ORDER 
OF THE GREAT AND GENERAL COURT AND VOTES AND AGREE- 
MENTS OF THE PROPRIETORS THEREOF. 

Whereas it frequentl}' happens that the proprietors of unimproved Preamble. 
lands within the several towns, precincts, new plantations and pro- 
priet[ie][or]s within this province, neglect or delay to pay their 
proportions of the sums from time to time assessed on such lauds by 
order of the great and general court, and according to their own agree- 
ments, towards defr[a] [e]3'ing the publick charges arising within such 
towns, precincts, new plantations and proprieties, — 

Be it therefore enacted by the Governour, Council and House of 
Representatives, 

[Sect. 1.] That if the assessors of anj^of the towns, precincts, new Assessors of 
plantations or proprieties within this province, have, or at any time to proTedla" dT' 
come shall, pursuant to the direction or orders of the general court, levy their power. 
or assess a tax upon the unimproved lands of the proprietors, situate in unimproved 
an}" of the towns within this province, for defraying the publick charges f^" p* *°n^^ ^°^^ 
arising in the said towns, precincts, new plantations or proprieties, or charges, in case 
if the assessors chosen by the proprietors of the common and undivided refnsror neglect 
land in any of the towns or new plantations within this province, pur- J".P''*y *'?'' ^"^^ 
suaut to the votes and agreements of such propriety, have or shall levy assessors ap- 
or assess a tax upon such proprietors by them thought necessarj- to ^urpose.^"'^ ^^^^ 
carry on and prosecute Siuy actions or suits that may be brought by or 
against them, or for the carrying on and managing of anj^ other publick 
affair relating to such proprietors, or performance of the conditions of 
their grant respectively ; and such proprietors shall neglect or dela}' to 
pay to the collector or collectors the sums from time to time levied or 
assessed upon their lands as aforesaid, for sixty days after such assess- 
ment is made, and published by posting up the same in the town or pre- 



252 Province Laws.— 1745-46. [Chap. 9.] 

cinct where sucli land lies, and in the shire town of the count}', that then 
and in such case it shall and may be lawful for such assessors respect- 
ivelj' to post up, in some publick place or places in the town or precinct 
where the lands lie, notifications of the intended sale of so much, and 
no more, of such delinquent proprietor's land or common rights as they 
shall judge necessary to pay and satisfy such rates and taxes, and other 
necessary intervening charges, three months before the same be sold ; 
Notifications of and also the assessors shall be obliged, for the notification of the uon- 
to be'^nserted"^^ resident proprietors, to adverti[z] [s]e in the publick prints, three several 
in the public wccks, the intended sale, at least three months before the land be sold : 
^"" *' and if any delinquent proprietors do not by that time pay such rates 

or assessm[e?i]ts and charges, then and in such case, it shall and may 
be lawful for the assessors, at a publick vendue, to sell and execute 
absolute deeds in the law for the conveyance of such lands of the pro- 
prietors to the person or persons who will give most for the same ; 
which deeds shall be good and valid to all intents and purposes in the 
law, for conveying such estates to the grantees, their heirs and assigns 
Overplus of for cvcr ; and if the said lands be sold for more, then the overplus, 
io°ged witif the after all charges arising about the same are subducted, to be paid to 
town treasurers, g^gj^ delinquent proprietors or their order; the mone}^ which the said 
lands shall be sold for, to be lodged in the hands of the treasurers of 
the respective towns, precincts or proprieties, who are hereby directed 
to attend the orders of the assessors of such towns, precincts or pro- 
prieties, for paj'ment of the same, pursuant to the true intent and mean- 
ing of this act, reserving to such non-resident proprietors as are not 
inhabitants of this province, their heirs or assigns, a liberty for redemp- 
tion of their lands so sold, they paying to the grantees, or their heirs 
respectively, within one year afterwards, the sums for which the said 
lands were sold, with double dam [m] ages, until [1] the same be 
redeemed. 
Limitation. [Sect. 2.] This act to Continue and be in force for the space of 

seven years from the publication thereof, and no longer. [^Passed July 
26 ; published August 7. 



f4TH Sess.] Province Laws. — 1745-46. 253 



ACT 

Passed at the Session begun and held at Boston, 
ON THE Thirtieth day of October, A. D. 1745. 



CHAPTEE 10. 

AN ACT FOR REVIVING AN ACT, [E][riNTITLED "AN ACT FOR ESTAB- 
LISHING AND REGULATING FEES WITHIN THIS PROVINCE," MADE 
AND PASS'D IN THE EIGHTEENTH YEAR OF HIS PRESENT MAJES- 
TY'S REIGN. 

"Whereas an act was made and pass'd in the eighteenth year of his Preamble, 
present majest3^'s reign, [e][i]ntitled " An Act for establishing and 174445, chap. 13. 
regulating fees within this province," which hath been found beneficial, 
and is judged necessary, but is now expired, — 

Be it therefore enacted by the Lieutenant-Governo[%i]r, Council and 
Hovse of Representatives, 

That the aforesaid act for establishing and regulating fees, and every Act for rcguiat- 
matter and clause therein contained, be and hereby is revived, and shall ICf one%ear^^^*^ 
continue and remain in full force until [1] the last day of NoA^ember, 
which will be in the j^ear one thousand seven hundred and fortj^-six, 
and to the end of the session of the general court then next after. 
\_Passed November 30 ; published December 2. 



254 Peovince Laws.— 1743-46. [Chap. 11.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON THE Eleventh day of December, A. D. 1745. 



CHAPTEK 11. 

AN ACT FOR THE SUPPLYING THE TREASURY WITH THE SUM OF FIFTY 
THOUSAND POUNDS, FOR DISCHARGING THE PUBLICK DEBTS, &c., AND 
FOR DRAWING IN THE SAID BILLS INTO THE TREASURY AGAIN. 

Be it enacted by the Governow, Council and House of Representatives^ 
£50,000 bills of [Sect. L] That the treasurer be and hereby is impowered and 
emi'ttod? ^ Ordered to emit and issue forth the sum of fifty thousand pounds in bills 
of credit of the last tenor and date, now l^ying in his hands and received 
in for taxes, impost and excise, which shall pass in all publick pay- 
ments equal to other new-tenor bills emitted since one thousand seven 
hundred and forty ; or, if there shall not be a sufficienc}' of such bills, that 
tlien the committee appointed by this court for signing bills, are hereby 
directed and impowered to take care and make effectual provision, as 
soon as may be, to imprint so many as may be needed to compleat 
the said sum, and to sign and deliver the same to the treasurer, taking 
his receipt for the same ; and the said committee shall be under oath 
for the faithful performance of the trust bj- this act reposed in them ; 
and the said sum of fifty thousand pounds shall be issued out of the 
treasury in manner and for the purposes following ; viz., the sum of 
£5,790 for waijes five thoiisaud scvcu hundred and ninety pounds, part of the aforesaid 
Tarn aud^olher' sum of fifty thousaud pouuds, shall be applied for the payment of wages 
garrisons. tliat now are or that hereafter may be due by virtue of the establish- 

ment of Castle William, Frederick Fort, Richmond Fort, George's Truck- 
house, Saco Truck-house, Brunswick Fort, and the sloop in the countrj-'s 
£16,000 for put- service ; and the sum of sixteen thousand pounds, part of the aforesaid 
inci ilito^a™^' ^""^ ^^ ^^ thousand pounds, shall be api)lied for putting the province 
better posture into a better posture of defence, for compleating the repairs at Castle 
of defence, &o. -yy^j jjj^j^-, r^i^j other forts, for paying of such officers and soldiers as have 
done service for the province, whose wages are now due, which officers 
and soldiers shall be paid out of this appropriation preferable to anj^ 
other service ; and for such officers and soldiers as are or may be in the 
province service, according to the several establishments for that pur- 
pose, for purchasing all needful warlike stores, and for the commis- 
sary's necessaty disbursements for the service of the several forts and 
garrisons and other forces within this province, pursuant to such grants 
as arc or shall be made by this court for those purposes ; and the sum 
£2,000 for pay. of two thousand pouuds, part of the aforesaid sum of fifty thousand 
ma'cst^'s^coun pouuds, sliall bc applied for the payment of his majesty's council, and 
cii, and other such Other gyauts as are or shall be made by this court, and for the 
grants, etc. payment of Stipends, bounties, and premiums established by law ; and 
for the payment of all other matters and things which this court have 



[5tii Sess.] Province Laws. — 1745-46. 255 

or shall, either by law or orders, provide for the paj-ment of out of the 

publick treasury, and for no other purpose whatsoever ; and the sum of 

one thousand two hundred and ten pounds, part of the aforesaid sum of £1,210 for debts 

fifty thousand pounds, shall bQ applied for the discharging of other no^cstabiisb-'* 

debts owing from this province to persons that have served or that shall ment. 

serve them b}' order of this court in such matters and things where there 

is n.o establishment nor any certain sum assigned for such service, and 

for paper, printing and writing for this court, the surgeon of Castle 

William, and wooding of said castle ; and the remaining sum of twenty- £25,000 for the 

five thousand pounds, part of the aforesaid sum of fifty thousand pounds, expedition ^^^ 

shall be applied to defrey the cljarge of the late expedition against his against Cape 

majesty's enemies at Cape Breton and parts adjacent, and for making 

further necessary provisioH for the service of his majesty's works and 

and forces there. 

And be It farther enacted, 

[Sect. 2.] That if there be a surplusage in any sum appropriated. Surplusage to 
sucli surplusage shall lie in the treasury for the further order of this Jry."* eticas- 
court. 

And be it further enacted, 

[Sect. 3.] That each and every warrant for drawing inone}' out of Warrants to ex- 
the treasuiy, shall direct the treasurer to take the same out of such prtotlons."^^^^°' 
sums as are respectivch' appropriated for the pa^'ment of such pub- 
lick debts as the draughts are made to discharge ; and the treasurer is 
hereb}' directed and ordered to pa}- such money out of such appro- 
priation as directed to, and no other, upon pain of refunding all such 
sum or sums as he shall otherwise pay, and to keep exact and distinct 
accompts of all payments made out of such appropriated sums ; and 
the secretaiy, to whom it belongs to keep the muster-roll and accompts 
of charge, shall lay before the house, when they direct, all such, muster- 
rolls and accompts after payment thereof. 

And as a fund and security for drawing the said sum of fifty thou- 
sand pounds into the treasuiy again, — 

Be it farther enacted, 

[Sect. 4.] That there be and hereby is granted unto his most £25,000 in 1755. 
excellent majesty, for the ends and uses aforesaid, a tax of twent}-- 
five thousand pounds, to be levied on polls, and estates both real and 
personal, within this province, according to such rules and in such 
proportions on the several towns and districts within the same, as shall 
be agreed upon and ordered by this court at their session in Ma}', one 
thousand seven hundred and fifty -five, and paid into the publick treas- 
ury on or before the last day of December then next after. 

And as a further fund and security for drawing in the said sum of 
fifty thousand pounds into the treasury again, — 

Be it farther enacted, 

[Sect. 5.] That there be and hereby is granted unto his most £25,000 in 1756. 
excellent majest}-, for the ends and uses aforesaid, a tax of twenty-five 
thousand pounds, to be levied on polls, and estates both real and per- 
sonal, within this province, according to such rules and in such propor- 
tions on the several towns and districts within the same, as shall be 
agreed upon and ordered by this court at their session in Ma}", one thou- 
sand seven hundred and fii^t3"-six, and paid into the publick treasury on 
or before the last day of December then next after. 

And be it farther enacted, 

[Sect. 6.] That in case the general court shall not at their session Tax for the 
in May, one thousand seven liundred and fifty-five, and one thousand ^°i"t^^c''to''^e^ 
seven hundred and fifty-six, agree and conclude upon an act appor- made according 
tioning the Sum which by this act is engaged shall be, in those years, t^^ act^in'^case.^ 
apportioned, assessed and levied, that then and in such case each 



256 Province Laws.— 1745-46. [Chap. 11.] 

town and district within this province shall pa}^, by a tax to be levied 
on the polls, and estates both real and personal, within their districts, 
the same proportions of the said sums as the said towns and districts 
shall have been taxed b}' the general court in the tax act then next 
preceeding ; and the province treasurer is hereby fully impowered and 
directed, some time in the month of June, in the year one thousand 
seven hundred and fifty-five, and one thousand seven hundred and 
fiftj'-six, to issue and send forth his warrants, directed to the selectmen 
or assessors of each town and district within this province, requiring 
them to assess the polls, and estates both real and personal, within 
their several towns and districts, for their respective part and propor- 
tion of the sum before directed and engaged to be assessed by this 
act ; and the assessors, as also persons fi^sessed, shall observe, bo 
governed by and subject to all such rules and directions as shall have 
been given in the next preceeding tax act. , 

And be it further enacted, 
Taxes to bepaid [Sect. 7.] That the inhabitants of this province shall have liberty, 
epecilshCTefn i^ thc}' scc fit, to pay the several sums for which they respectively may, 
enumerated. jn pursuaucc of this act, be assessed, in bills of credit of the form and 
tenor by this act emitted, or in other new-tenor bills, or in bills of 
the middle tenor, according to their several denominations, or in bills 
of the old tenor, accounting four for one ; or in coined silver, at seven 
shillings and sixpence per ounce, troy weight, and of sterling alloy, or 
in gold coiu, proportionably ; or in merchantable hemp, flax, winter and 
Isle-of-Sable codfish, refined bar-iron, bloomery-iron, hallow iron-ware, 
Indian corn, rye, wheat, barley, pork, beef, duck or canvas, whalebone, 
cordage, train-oil, beeswax, baybeny-wax, tallow, peas, sheepswool, 
or tann'd sole-leather (the aforesaid commodities being of the produce 
or manufactures of this province) , at such moderate rates and prices 
as the general assembly of the years one thousand seven hundred and 
fift3'-five, and one thousand seven hundred and fiftj'-six, shall set them 
at ; the several persons paying their taxes in any of the commodities 
aforementioned, to run the risque and pay the charge of 'transporting 
the said commodities to the province treasury ; but if the aforesaid 
general assembly shall not, at their sessions in Ma}^, some time before 
the twentieth day of June, in each year, agree upon and set the 
aforesaid species and commodities at some certain price, that then 
the eldest councellor, for the time being, of each of those coun- 
ties in the province, of which any one of the council is an inhabitant, 
together with the province treasurer, or the major part of them, be a 
committee, who hereby are directed and fully authorized and impow- 
How the com- ered to do it ; and in their settling the prices and rating the value 
bl-o^ghTinto the of those Commodities, to state so much of them, respectively, at seven 
treasury are to shillings and sixpeucc as an ounce of silver will purchase at that time in 
be rated. ^^^ town of Boston, and so pro rata. And the treasurer is hereby directed 

to Insert in the several warrants by him sent to the several collectors 
of the taxes in each year, with the names of the afore-recited commod- 
. ities, the several prices or rates which shall be set on them, either by 
the general assembly or the committee aforesaid, and direct the afore- 
said collectors to receive them so. 
Treasurer to [8ect. 8.] And the aforesaid commodities, so brought into the 

commodUieB treasury, shall, as soon as may be, be disposed of by the treasurer to 
the best advantage for so much as they will fetch in bills of credit 
hereby to be emitted, or for silver or gold, which silver and gold shall 
be delivered to the possessors of said bills in exchange for them ; that 
is to say, one ounce of silver coin, and so gold in proportion, for seven 
shillings and sixpence, and so pro rata for a greater or less sum ; and 
if any loss shall happen by the sale of the aforesaid species, or by any 



[5th Sess.] Province Laws. — 1745-46. 257 

unfoi'eseen accident, such deficienc}' shall be made good b}' a tax of 
the year next following, so as fully and effectually to call in the whole 
sum of fifty thousand jjounds in said bills hereb}' ordered to be emitted ; 
and if tliere be a surplusage, it sliall remain a stock in the treasury. 
{^Passed January 10 ; 2yuhKshed February 3, 1745-46. 



CHAPTER 12. 

AN ACT IN ADDITION TO AN ACT MADE AND PASS'D IN THE EIGHT- 
EENTH AND NINETEENTH YEAR OF HIS PRESENT MAJESTY, [EJ[riN- 
TITLED "AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE 
UPON WINES AND SPIRITS DISTILLED, SOLD BY RETAIL, AND UPON 
LIMES AND LEMMONS." 

Whereas notwithstanding the provision made in and by an act made Preamble. 
and pass'd in the eighteentli and nineteenth year of his present majesty, 
[e][i]ntitled " An Act for granting unto his majesty an excise upon wines 1745-46, chap. 2. 
and spirits distilled, sold by retail, and upon limes and lemmons," many 
persons, in violation of said act, do, in a private and clandestine man- 
ner, sell without licence, wines and spirituous liquors by retail, and in 
order to prevent the means of detection and conviction, Indian, negro 
and molatto slaves, children and others under age of discretion, are 
employed and sent to receive such wines and spirituous liquors, and by 
this and other means the good intent of the afores[a«]d law has, in a 
great measure, been frustrated ; for the more effectual prevention of all 
offences against s[ai]d act for the future, — 

Be it therefore enacted by the Governour, Council and House of Bepre- 
sent\^ati^ves, 

[!Sect. 1.] That when and so often as any person shall be com- Penalty for eeii- 
plained of for selling any strong drink without licence to any Indian, to^any°indiaii,° 
negro or molatto slave, or to any child or other person under the age negro, &c. 
of discretion, and upon the declaration of an}- such Indian, negro or 
molatto slaves, child or other person under the age of discretion, and 
other circumsttinces concurring, it shall appear to be highly probable, 
in the judgment of the court or justice before whom the trial shall be, 
that the person complained of is guilty, then and in every such case, 
unless the defendant shall acquit him- or herself upon oath, to be 
administred to him or her by the court or justice that shall try the 
cause, such defendant shall forfeit and pay three pounds to the farmer 
of excise, and costs of prosecution ; but if the defendant shall acquit 
him- or herself upon oath as afores[at]d, the court or justice may and 
shall enter up judgment for the defendant to recover costs. 

And whereas in and by the afores[ai]d act it is provided, that Recitation of a 
" when and so often as it shall be observed that there is a resort of per- '^'■'^*^' 
sons to houses suspected to sell strong drink without licence, any justice 
of the peace shall have full power to convene such persons before him, 
and examine them upon oath concerning the person suspected of selling 
or retailing strong drink in such houses, out-houses or other depend- 
enc[i'']es thei*feof, and on just grounds to bind over the person suspected, ' 
and the witnesses, to the next court of general sessions of the peace in 
the county where such person shall dwell," — and the afores[ai']d clause 
has been construed and understood to restrain such justice from pro- 
ceeding to trial, and giving judgment in the case of such suspected 
person, — 

33 



258 



Provixce Laws. — 1745-46. [Chap. 13.] 



Justice's power 
to make up judg- 
ment against 
suspected per- 
sons. 



Offending per- 
sons to enter 
into bonds after 
iirst conviction. 



Farmer's liberty 
to plead the 
general issue. 



Duty on sour 
oranges. 



Provision in 
case of the death 
of any farmer. 



Limitation. 



Be it fuHher enacted^ 

[Sect. 2.] That if, upon such examination of snch witnesses, and 
hearing the defence of such suspected person, it shall appear to the justice 
there is sufficient proof of the violation of the afores[at]d act by selling 
strong drink without licence, judgm[e??]t shall thereupon be made up 
against such person, and he shall forfeit and pay in like manner as if 
process had been commenced, by bill, plaint or information before the 
s[ai]d justice. 

And he it further enacted, 

[Sect. 3.] That after any person shall have been once convicted of 
selling strong liquors without licence, contrary to said act, or to this 
additional act, he shall, upon every such offence after such first convic- 
tion, be obliged to enter into bonds, with one or more sureties, in the 
penalty of twenty pounds, to his majesty', for the use of this govern- 
m[e«]t, that he will not in like manner offend or be guilty of any 
breach of the said acts ; and upon refusal to give such bond, he shall be 
committed to prison until [1] he shall comply therewith. 

And in order to discourage and prevent any groundless or vexatious 
suits that may be brought against the farmer of excise, — 

Be it enacted, 

[Sect. 4.] That in all actions that may be brought against the far- 
mer of excise for any breach or neglect of his duty in the execution of 
his office and trust, he shall 'have liberty to plead the general issue, 
and thereupon give an^- special matter in evidence ; and in case judg- 
m[evi]t shall be for the defendant, he shall recover treble costs. 

And whereas sowre oranges are frequently used in punch and other 
mixt liquors, as well as lem[m]ons [or] [and'] limes, — 

Be it therefore enacted, 

[Sect. 5,] That eveiy person who shall, after the publication of this 
act, be licen[c][s]ed, or shall renew their licen[s][c]e as a taverner or 
retailer, shall pay as a duty, for every hundred of sowre oranges, two 
shillings and a penny, and so pro rata for any less or greater number, 
to be recovered in like manner as is provided for the recovering the 
duty laid on' lemmons and limes. 

And he it further enacted, 

[Sect. 6.] That in case of the death of the farmer of excise in any 
count}^ the executors or administ[rato]rs of such farmer shall, upon 
their taking such trust of executor or a,<\mxn.\istrato'\v upon them, have 
and enjoy all the powers, and be subject to all the duties the farmer had 
or might enjoy, or was subject to, by force of the act afore ment[iowe]d 
or of this additional act. 

[Sect. 7.] This act to continue and be in force until[l] the twenty- 
ninth day of June, one thousand seven hundred and forty-eight, and no 
longer. [^Passed January 31 ; published February 3, 1745-46. 



CHAPTER 13. 

AN ACT FOR [E][riNLISTING THE INHABITANTS OF DORCHESTER, 
WEYMOUTH AND CHARLESTOWN INTO HIS MAJESTY'S SERVICE FOR 
THE DEFENCE OF CASTLE WILLIAM, AS OCCASION SHALL RQQUIRE. 



Preamble. Whereas the Safety of this province in a great measure depends on 

1742-43, chap. 26. the Strength of his maj[es]ty's Castle William, and it is necessary that 
a great number of men, skilful in the managem[ew]t of the great 
artillery, should be always ready to attend there, — 



"William on oc- 
casion. 



[5th Sess.] Province Laws.— 1745-46. ' 259 

Be it enacted by the Governour, Council and House of Represent- 
[citi]ves^ 

[Sect. 1.] That all the inhabitants of the town of Dorchester who Enlisted inhaw- 
are b}^ law subject to common musters and military exercises, not ex- cheste", wcj. 
ceedinG: flftv years of ao;e, and such of the inhabitants of the towns of "'°"!Jl' r""^ ,„ 
Weymouth and Charlestown as are wiUmg to be |_ejLiJnlisted, not appear at Castie 
exceeding one hundred and twenty in the whole from the two last ^'""'" " 
towns, shall be [e][y:jnlisted under the present captains or such other 
officers as the captain-general shall commissionate, who shall repair to 
Dorchester Neck and be transported over to Castle William four days 
in each year, in such months as the captain-general shall order, and 
shall on" the said days be, by the gunner and quarter-gunners, exercised 
in the mounting, dismounting, levelling, traversing and firing the great 
guns, and shall be obliged hereunto, and to the observance of such 
orders as shall be given them in this exercise, under the like pains and 
penalties that soldiers are under to obey their officers in said castle in 
time of service. 

And he it further enacted^ 

[Sect. 2.] That if any of the men .[e][ Unlisted as aforesaid shall ft^j^^l^^f^"" '^"^ 
not duly attend at time and place for the exercise of the great artillery 
as aforesaid, being thereof notified and warned to appear, for every 
such day's neglect of attendance, such soldier shall pay to the clerk of 
the company, for the use thereof, five shillings. 

And for the encouragement of the said men that shall be [e][i]n- 
listed and exercised as aforesaid, — 

Be it furtlier enacted^ 

[Sect. 3.] That every person so inlisted shall be excused from all Enlisted persons 
other military service, and from all impresses into other service that nfiiitary servLe, 
other soldiers by law are liable to. ^°- 

And he it further enacted, 

[Sect. 4.] That upon any alarm at Castle William every man able inhabitants of 
of body, as well those [e][/]nlisted by virtue of this act, as also all Appear aTcastie 
others within the town of Dorchester, except such persons as are by law Wiiuam upon 
obliged to attend upon the governour for the time being, shall forthwith 
appear, compleat with their arms and ammunition according to law, at 
the said Castle William, there to attend and follow such commands as 
shall be given for his majesty's service, and that on the penalty of pay- 
ing five pounds to the clerk of the said company for the use of the 
province ; the aforesaid fines to be recovered before any justice of the 
peace or court proper to hear and tr}' the same. 

[Sect. 5.] This act to continue and be in force unto the end of the Limitation, 
sessions of the general assembly to be begun and held on the last 
Wednesday in May, which will be in the year one thousand seven hun- 
dred and forty-eight, and no longer. [^Passed January 25 ; published 
March 11, 1 745-4 G. 



CHAPTEK 14. 

AN ACT FOR PREVENTING THE UNNECESSARY DESTRUCTION OF ALE- 
WIVES IN THE TOWN OF SANDWICH. 

Whereas the laws alread}'^ provided against the destruction of the preamble, 
fish called alewives, do not iu divers circumstances reach the case of 1743-44, chap. 26. 
Herring River, in the town of Sandwich, so that nevertheless great 
waste is made of them by ill-minded persons, to the great dam [m] age 
of the publick ; to prevent which, — 



2G0 



Province Laws. — 1745-46. [Chap. 15.] 



No person to set 
or J raw any 
seine, net, &c., 
fur catching ale- 
wives in Herring 
River in Sand- 
widi, witbout 
oljtaining 
license. 



Penalty for 
ofi'ence. 



Preamble. 



Method of con- 
viction, &c. 

1726-27, chap. 3. 



Limitation. 



Be it enacted by the Governour, Council and House of Represent^ 
\_ati^ves^ 

[Sect. 1.] That from and after the publication of this act, no person 
or persons whomsoever shall, on any pretence, presume to stretch, set or 
draw any seine or drag-net, or set up any wares or other fishing engines in 
any part of the river known b}^ the name of Herring River, in the town 
of Sandwich, or use any other instrument for the catching alewives but 
dip-nets or scoop-nets, without first obtaining special licence therefor 
by a vote of the inhabitants of said Sandwich legally assembled at 
their anniversary^ meeting in March, nor in any manner whatever, at 
any time or times, place or places thereof, but such as shall be deter- 
mined and appointed at such meeting, on penalty of a fine of five 
pounds for each offence ; to be paid by every person concerned in taking 
said fish in either of the wa3'S forbidden by this act, or in any other 
place than such as shall be assigned by the said town as afores[«i]d, 
and be recovered by action, bill, plaint or information in an}- court 
proper to try the same : all fines and forfeitures arising by this act to 
be disposed of, one half for the benefit of the poor .of said town, the 
other to him or them who shall inform and sue for the same. 

And v:hereas a considerable part of the banks of said river is covered 
with thick woods, and thereb}' so obscured as that persons may fre- 
quently offend against this act without being discovered, and thereby 
the good design of it be defeated, unless special provision be made 
therefor, — 

Be it therefore enacted by the authority aforesaid^ 

[Sect. 2.] That the manner, rules and methods of conviction of 
offenders against this act be the same as are directed and provided in 
and by an act [e] [?"]ntitled " An Act in addition to and for rendring 
more effectual an act made in the tenth year of the reign of King 
William the Third, [e][i]ntitled ' An Act for preventing of trespasses,' " 
made in the twelfth year of the reign of his late majesty, King 
George. 

[Sect. 3.] This act to continue and be in force for the space of 
three years from the publication thereof, and no longer. [^Passed 
January 29 ; published March 11, 1745-46. 



CHAPTER 15. 

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF TWENTY 
THOUSAND POUNDS. 



Preamble. 



£20,000 bills of 
credit to be 
emitted. 



Whereas the lai-ge sums with which the treasury has already been 
suppl[y] [?']ed for defreying the expeiice of the expedition against Cape 
Breton, and the necessary charges consequent thereupon, have been 
found insufficient for those purposes, and a considerable sum still 
remains due from this province, — 

Be it therefore enacted by the Governour, Council and House of Rep- 
resentatives, 

[Sect. 1.] That the treasurer be and hereby is impowered and 
ordered to emit and issue forth the sum of twenty thousand pounds in 
bills of credit of the last tenor and date, now lying in his hands and 
received for taxes, impost and excise, which shall pass in all publick 
pavments equal to other new-tenor bills emitted since one thousand 
seven hundred and forty ; or, if there \_shan nof] be [not] a sufficiency 
of such bills, that then the committee appointed b}' this court for sign- 



[5th Sess.] Pkovince Laws. — 1745-46. 261 

ing bills, are hereby directed and impowered to take care and make 
eft'ectual provision, as soon as ma}' be, to imprint the said bills, or so 
many as may be needed to compleat the said sum, and to sign and 
deliver the same to the treasurer, taking his receipt for the same ; and 
the said committee shall be under oath for the faithful performance of 
the trust by this act reposed in them ; and the said sum of twenty 
thousand pounds shall be issued out of the publick treasury- pursuant 
to such grants as this court hath or shall hereafter make, for discharg- 
ing such debts as are or may be due from this province in consequence 
of the late expedition against Cape Breton. 

And be it enacted, 

[Sect. 2.] That if there be a surplusage in any of this sum appro- Surplusage to 
priated, such surplusage shall l[y][*]6 iii the treasury for the further Jje^i" the treas. 
order of this court. 

And be it farther enacted, 

[vSect. 3.] That each and every warrant for drawing this money out Warrants to ex- 
of the treasury, shall direct the treasurer to take the same out of the prfluous."^^™' 
aforesaid sum as is directed, and no other, upon pain of refunding all 
such sum or sums as he shall otherwise pay, and to keep exact and 
distinct acco[un] [7»j)]ts of all pa3'ments made out of the aforesaid sum ; 
and the secretary, to whom it belongs to keep the muster-rolls and 
accompts of charge, shall lay before the house, Avhen they shall direct, 
all such muster-rolls and accompts after pa3'ment thereof. 

And as a fund and security for drawing the aforesaid sum of twenty 
thousand pounds into the treasury again, — 

Be it further enacted, 

[Sect. 4,] That there be and hereb}' is granted [^oi]to his most £io,ooo in 1755. 
excellent majesty for the ends and uses aforesaid, a tax of ten thousand 
pounds, to be lev[y][i]ed on polls, and estates both real and personal, 
within this province, according to such rules and in such proportions 
on the several towns and districts within the same as shall be agreed 
upon and ordered by this court at their session in May, one thousand 
seven hundred and fifty -five, and paid into the publick treasur}- on or 
before the last day of December then next after. 

And as a farther fund and security for drawing the aforesaid sum of 
twenty thousand pounds into the treasury again, — 

Be it further enacted, 

[Sect. 5.] That there be and hereby is granted unto his most excel- £10,000 in 1756. 
lent majest}', for the ends and uses aforesaid, a tax of ten thousand 
pounds, to be lev[y][j]ed on polls, and estates both real and personal, 
within this province, according to such rules and in such proportions on 
the several towns and districts within the same, as shall be agreed upon 
and ordered by this court at their session in Ma}-, one thousand seven 
hundred and fift3'-six, and paid into the publick treasury on or before 
the last day of December then next after. 

And be it further enacted, 

[Sect. 6.] That in case the general court shall not, at their session Tax for the 
in May, one thousand seven hundred and fiftj^-five, and one thousand ^mutMUo be^ 
seven hundred and fifty-six, agree and conclude upon an act apportion- made according 
ing the several sums which, by this act, is engaged shall be in each of tax actrin^case.^ 
these several j'ears apportioned, assessed, and lev[y][i]ed, that then 
and in such case each town and district within this province shall pa}', 
by a tax to be lev[y][?']ed on the polls, and estates both real and per- 
sonal, within their districts, the same proportion of the said sums as 
the said towns and districts shall have been taxed by the general court 
in the tax act then next proceeding ; and the province treasurer is 
hereby fully impowered and directed, some time in the month of June, 
in each of these years, one thousand seven hundred and fifty -five, and 



262 



Province Laws. — 1745-46. [Chap. 15.] 



Taxes to be 
paid in the 
srvi'i'al species 
Iiiroiu euumer- 
ated. 



one thousand seven hundred and fifty-six, to issue and send forth his 
warrants directed to the selectmen or assessors of each town and dis- 
trict within this province, requiring them to assess the polls, and 
estate [.s] both real and personal, within their several towns and dis- 
tricts, for their respective part and proportion of the several sums 
before directed and engaged to be assessed by this act ; and the assess- 
ors, as also persons assessed, shall observe, be governed by, and sub- 
ject to all such rules and directions as shall have been given in the next 
prcc[e]eding tax act. 
A)td be it farther enacted, 

[Sect. 7.j That the inhabita,nts of this province shall have liberty, 
if they see fit, to pay the several sums for which they respective!}' 
may, in pursuance of this act, be assessed, in bills of credit of the form 
and tenor by this act emitted, or in other new-tenor bills, or in bills of 
the middle tenor, according to their several denominations, or in bills 
of the old tenor, accounting four for one ; or in coined silver, at seven 
shillings and sixpence per ounce, troy weight, of sterling allo}^, or in 
gold coin, proportionably ; or in merchantable hemp, flax, winter and 
Isle-of-Sable codfish, refined bar-iron, bloomer3--iron, hallow iron-ware, 
Indian corn, rye, wheat, barle}', pork, beef, duck or canvas, whalebone, 
cordage, train-oil, beeswax, baybeny-wax, tallow, peas[e], sheepswool, 
or tann'd sole-leather (the aforesaid commodities being of the produce 
or manufactures of this province), at such moderate rates and prices as 
the respective general assembl[3'][(e]s of the years one thousand seven ■ 
hundred and fifty-five, and one thousand seven hundred and fifty-six, 
^hall set them at ; the several persons paying their taxes iu au}^ of the 
commodities aforementioned, to run the risque and pay the charge of 
transporting the said commodities to the province treasury ; but if the 
aforesaid general assembl[y][/e]s shall not, at their sessions in May, 
some time before the twentieth day of June, agree upon and set[t] the 
aforesaid species or commodities at some certain prices, that then the 
eldest couucellor, for the time being, iu each of those counties of the 
province, of which any one of the council is an inhabitant, together with 
the province treasurer, or the major part of them, be a committee, who 
hereby are directed and fully authorized and impowered to do it ; and 
iinw the aom- in their setting the prices and rating the value of those commodities, to 
brou^in into the ^^^^^ ^^ much of them, respectively, at seven shillings and sixpence as 
an ounce of silver at that time will purchase in the town of Boston, and 
so 2^i'o rata. And the treasurer is hereb}^ directed to insert iu the sev- 
eral warrants by him sent to the collectors of the taxes in those j'ears, 
respectivel}-, with the names of the afore-recited commodities, the sev- 
eral rates or prices which shall be set on them, either b}^ the general 
assembly, or the committee aforesaid, and direct the aforesaid collectors 
to receive them so. 

[Sect. 8.] And the aforesaid commodities so brought into the 
treasury, shall, as soon as ma}' be, be disposed of by the treasurer to 
the best advantage for the most it will fetch in bills of credit hereby to 
be emitted, or any of the bills of credit aforementioned, or for silver 
or gold, which silver and gold shall be delivered to the possessor of 
said bills in exchange for them ; that is to sa}', one ounce of silver coin, 
aud so gold in proportion, for seven shillings and sixpence, and so pro 
rata for a greater or less sum ; and if any loss shall happen by the sale 
of the aforesaid species, or b}- any unforeseen accident, such deficiency 
shall be made good by a tax of the year next following, so as fully and 
eflectually to call in the aforesaid sum of twent}^ thousand pounds in 
said bills hereby ordered to be emitted, and for which a tax on polls and 
estates is in this act laid as a fund ; and if there be a surplusage, it 
shall remain a stock in the treasury. [Passed February 8 ; published 
March 11, 1745-46. 



iiv aMivy are to 
be rated. 



Treapurer to 
st'll the said 
commodities. 



[5th Sess.] Province Laws.— 1745-46. ' 263 



CHAPTER 16. 

AN ACT IN ADDITION TO THE ACT, [E] [7]NTITLED "AN ACT FOR AP- 
POINTING COMMISSIONERS OF SEWERS." 

Whereas the water in some rivers or streams is raised and kept at Preamble, 
such heighth, by mill-dams erected across the same, that it has been fonnd 1702, chap. il 
difficult to discover, and impracticable to remove, the obstructions that 
occasion the overflowing of meadows, whilst the owners of such dams 
have refused to empty their mill-ponds by opening the flood-gates or 
other sufficient passage for the water, that had been raised by such dams, 
to flow out, by means whereof commissioners of sewers have been much 
hindred in the execution of their trust, and the owners of such mead- 
ows have thereby, in great measure, lost the benefit intended b}^ said 
act; [w *] [i]herefore, for preventing the like inconvenience for the 
future, — 

Be it enacted hy the Governour, Council and House of Bepresent- 
[af t] ves, 

[Sect. 1.] That when and so often as commissioners of sewers shall commissioners 
judge it necessary, in order to the well executing their trust in discov- poweTedV"' 
eriug or removing the natural obstructions in rivers or streams over open flood- 
which any mill-dam is erected, that the water, which had thereby been ^^'®^' 
stopt and raised above its usual heighth, should flow out ; in such case it 
shall be lawful, and such commissioners are hereb}' impowered, to open, 
or cause to be opened, the flood-gates, and to cause to be made and 
opened other needful sluices or passages in or about such dam or dams, 
and such passages to keep open whilst the}' are using the proper means 
for discovering or removing such obstructions ; as also for the more 
speedy draining of meadows in time of great floods ; and in such man- 
ner as that the owner or owners of such mill-dam or dams may sufler 
as little inconvenience or dam[m]age thereby' as may be. 

And be it further enacted, 

[Sect. 2.] That if the owner of such mill-dam shall sufler dam- Owners of miii. 
[wi]age by the opening or keeping open such sluices or passages as be'anowed*dam° 
afores[aijd, the s[ai]d commissioners shall order him reasonable satis- ages- 
faction, by their estimation, for such dam['/?i,]age, and shall assess the 
same on the proprietors of the overflowed lands or meadows, at whose 
request and for whose benefit such commissioners were appointed, and 
to cause the same to be collected in manner as in and by the s[ai]d act 
is pi'ovided for collecting of other charges. 

And be it farther enacted, 

[Sect. 3.] That the owner or owners of any danj or dams, or other Penalty for 
person whosoever, that directly or indirect!}' shall molest or hinder any dams who rtaii 
such commissioners, or others emploved by them, in the execution of ino''stori^'°'^er 

T . 1 T J 1 • ly J. ^ 1 i. commiss'ioners 

the power or trust reposed in them by this or any lormer act, by shut- in the execution 

ting up or stopping any passage made or opened by them or by their of their power.. 

order for any the purposes afores[ai]d, shall, for each off'ence, forfeit 

and pay, as a fine to his majesty, for the use of this governm[e?i]t, the 

sum of twenty pounds ; to be recovered by bill, plaint or information, in 

any court proper to try the same, after the manner of conviction, and 

by the same rules and methods as are provided and directed to in an 

act [e][?]ntitled "An Act in addition to and for rcndring more 1726.27, chap. 3. 

efiectual an act made in the tenth year of the reign of King William the 

Third, [e][i]ntitled ' An Act for preventing of trespasses.'" 

And whereas it has been found necessary, in order to remove the Preamble. 



' t " is overwritten in a later hand. 



264 



Province Laws. — 1745-46. [Chap. 17.] 



Commissioners 
empowered to 
erect dams, pro. 
vided, &c. 



Saving. 



Limitation. 



natural obstructions in rivers and streams, that the course of the water 
there be stopt, by dams erected for that purpose, during the time that 
workmen are employed in removing them,— 

Be it therefore further enacted, 

[Sect. 4.] That it shall be lawful for commissioners of sewers, when 
and so often as the^^ shall find it needful, to erect or cause to be 
erected, any dam or dams upon or across any river or stream wherein 
such obstructions are found, for the greater ease and disiiatch in 
removing them ; 2^^'ovided such dam or dams be taken down as soon as 
convenientl3' ma}^ be after the work is finished, and meet recompence be 
made, in manner as aforesaid, for anj- dam[7?i]ages that may thereby 
accrue to the owner or owners of the land against or over which such dam 
or dams shall abutt or be erected, or which, by occasion of such dam, 
may happen for a time to be overflowed with water : saving ahvays, the 
libertj' of appeal from any orders or determinations of the said commis- 
sioners, to the governour and council, as by the afore-mentioned act in 
that behalf is provided. 

[Sect. 5.] This act to continue and be in force for the space of five 
vears from the publication thereof, and no longer. [^Passed February 
*6, 1745-46 ; published March 27,. 1746. 



CHAPTER 17. 

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS OF THIS 
PROVINCE IN THIS ACT MENTIONED, EXPIRED, OR NEAR EXPIRING. 



Freambie. Wheeeas an act was made and pass[e]d in the fourteenth year of 

1740-41, ciiap. 19. hls pi'csent majest3''s reign, [e][i]ntitled "An Act in further addition 
to an act for regulating of fences, c^c"^"^. ; " and another act was made 
and pass[e]d in the sixteenth year of his present majest}^, [e] [r] ntitled 

1742-43, chap. 18. " All Act ill addition to the several laws of this province relating to the 
supporting of poor and indigent persons ; " and another act was made 

1742-43, chap. 22. and pass[e]d in the same year, [e][^■]ntitled "An Act to prevent firing 
tlie woods ; " and another act was made and pass'd in the same 3"ear, 

1742-43, chap. 29. [e][i]ntitled "An Act for the more easy partition of lands or other real 
estate given by will, and held in common and undivided among the 
devisees ; " — all which several laws are expired or near expiring : and 
ivhereas the afores[cw']d laws have, by experience, been found beneficial 
■and necessary for the several purposes for which they were pass[e]d, — 
Be it therefore etiacted by the Governour, Council and House of Repre- 
sentatives, 

That all and every of the afores[ai]d acts, and every matter and 
clause therein contained, be and hereby are revived, and shall continue 
and remain in force until[l] the last day of December, which will be in 
the 3'ear one thousand seven hundred and fifty-two, and to the end of 
the session of the general court then next after. \_Passed January 29, 
1745-46 ; published March 27, 1746. 



Limitation of 
sundry laws. 



[5th Sess.] Province Laws. — 1745-46. 265 



CHAPTEE 18. 

AN ACT IMPOWERING THE SUPERIO[tnR, COURT OF JUDICATURE, COURT 
OF ASSIZE AND GENERAL GOAL DELIVERY, AT THEIR PRESENT 
TERM, TO PROCEED TO THE TRIAL OF SUNDRY PRISONERS NOW IN 
HIS MAJESTY'S GOAL IN THE COUNTY OF SUFFOLK. 

Whereas there are clivers persons now in goal in the county of Suf- Preamble, 
folk, who were committed on suspicion of murders, felonies, or other 
high crimes and misdemeanors perpetrated within the body of that 
county, whereof if due inquir}' be not speedily made, great incon- 
veniene[nes may arise; and ivhereas the grand jury impanel [fe]d 
and sworn at the sup[enoit]r court of judicature, court of assize and 
general goal delivery, holden at Boston for and within the county of 
Suffolk, on the third Tuesday of February last, is, by the said court, 
dismiss [<?]d, but the said court is not yet adjourned without day, — 

Be it therefore enacted by the Governour, Council and House of Mepre- 
sent[^ati']ves, 

That the said court ma}^ and shall without delay, cause the usual Court's power 
process to be made out for choosing and summoning a suitable number the^tHaroflun. 
of good and lawful men of such of the towns in the said county of Suf- dry criminals. 
folk as have been accustomed to send grand jurors to the said court, or 
of such towns as the s[cn']d court shall think most proper to send their , 

venires unto, to serve as grand jurors at the said conrt now holden at 
Boston afores[ai]d ; and every person duly chosen and return [e]d on 
such venire, shall be and hereby is obliged to give his immediate 
attendance accordingly, under the penalty h\ law alread}^ provided in 
case of grand jurors upon their default of attendance : and the s[ai]d 
court shall impanel, swear and charge them to inquire of, and present 
all murders and other felonies, high crimes and misdemeanours, com- 
mitted or done within the said county, and ma}^ proceed to the trial of 
any person or persons that shall by such grand jury be presented or 
indicted of or for any murder or other felony, high crime or misde- 
meanour, and give judgm[e'?;]t, and award execution thereupon, accord- 
ing to the usual course of the law. \_Passed April 24 ; published 
April 26, 1746. 



CHAPTEE 19. 

AN ACT IN ADDITION TO AN ACT, [E][7]NTITLED "AN ACT DIRECTING 
HOW RATES AND TAXES TO BE GRANTED BY THE GENERAL ASSEM- 
BLY, AS ALSO COUNTY, TOWN, AND PRECINCT RATES; SHALL BE 
ASSESSED AND COLLECTED," MADE AND PASS'D IN THE FOURTH 
Y'EAR OF HIS PRESENT MAJESTY'S REIGN. 

Whereas no provision is made, in the act [e]p]ntLtled "An Act Preamble, 
directing how rates and taxes granted b}^ the general assembly, as also ?I?2'^^^P' ■*•„ 
county, town, and precinct rates, shall be assessed and collected," for ' 
appointing collectors or constables, where towns neglect to choose 
them ; whereb}', unless there be some remed}', the good design of said 
act, to secure the payment of the taxes granted by the general assem- 
bly', will be frustrated, — 

Be it therefore enacted by the Governour, Council and House of Rep- 
resentatives, 

TSect. l.T That where any town or towns have neglected or shall Sheriff em- 

I- J */ *— ' 'Do'WGr6(l to col 

neglect to choose constables or collectors to gather the rates or taxes lect rates or 
31 



266 



PitovTNCE Laws.— 1745-46. [Chap. 19.] 



taxci5 in towns 
that have or 
shall neglect to 
choose consta- 
bles or collect- 
ors. 



Sheriff to post 
up copy of 
assessment and 
warrant. 



Treasurer to 
send a certificate 
to tlie clerk of 
the court of gen- 
eral sessions of 
the county 
where deficient 
towns belong. 



granted by the general court, that in such case the sheriff of the county 
shall be and hereby is impow[e]red and directed to collect such rates 
or taxes, having received an assessment made of the proportion of the 
several persons rateable in such town, together with a warrant under 
the hands of such assessors as shall be appointed by the court of gen- 
eral sessions of the peace in the county where such deficient town 
l[y][?]es, according to the aforesaid act of the fourth j^ear of his pres- 
ent majesty's reign ; and the said assessors are hereby directed, where 
any tovvn has for divers [e] years past, or shall for several years to- 
gether hereafter, neglect to choose assessors or constables and collect- 
ors, to add together the several sums annually due, as also the several 
fines of twenty pounds due for each year's neglect, and their own allow- 
ance by law establish [t][ecZ], to be proportioned among the several 
inhabitants and others rateable in such town according to their best 
judgment. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That the sheriff, upon receiving the aforesaid assessment, 
and warrant for collecting it, shall forthwith post up in some publick 
place of the town assessed, an attested copy of such assessment and 
warrant, and shall make no distress for any of the sums so assessed till 
after thirty days from his posting it up ; and any person or persons 
paying the sum or sums respectively assessed on him or them, to the 
sheriff' before the expiration of the aforesaid thirty days, shall pay at 
the rate of five per cent over and above, to the sheriff for his fees, and 
no more ; but all such as shall neglect to pay the sum or sums assessed 
for the space of thirty days or longer from the aforesaid posting up the 
copy of the assessment, shall be proceeded against by the sheriff in way 
of distress, as collectors bylaw are impowred, and may require suitable 
.aid for that purpose ; and'^they shall each one pay the fees for the sher- 
iff's service and travel, as in other cases where distraint is made. 

And to the intent the courts of general sessions of the peace, in the 
several counties where such deficient towns shall respectively belong, 
may, from time to time, seasonably appoint assessors as ueedful[l], — 

Be it enacted by the authority aforesaid, 

[Sect. 3.] That the province treasurer, for the time being, shall, as 
soon as may be, after he hath issued his warrants to the assessors of 
the several towns, for assessing and collecting the rates and taxes 
granted by the general assembly, for the space of sixty days, without 
any account of such town's choice of collectors or constables, whether 
it be a town that hath neglected to make such choice, or that hereafter 
shall neglect so to do, in every such case the said treasurer shall send a 
certificate'to the clerk of the court of general sessions of the peace for 
the county whereto the deficient town belongs, of such their deficiency, 
who shall lay it before said court of sessions at their next sitting ; 
whereupon the said court shall forthwith proceed to appoint assessors 
to assess and proportion the rates and taxes granted as aforesaid ; and 
the assessors so appointed, shall, as soon as may be, take an oath to 
the faithful [1] discharge of their trust, before the said court or some one 
or more of the justices by the court of sessions to be appointed for that 
purpose ; and if any person appointed an assessor as aforesaid shall 
refuse to serve, he shall forfeit the sum of twenty pounds to his majesty 
for the use of the province ; and the court of sessions shall immediately 
proceed to appoint others. [Passed February 8, 1745-46. 



[5th Sess.] Peovince Laws. — 1745-46. 267 



CHAPTEE 20. 

AN ACT IN ADDITION TO, AND FOR RENDRING MORE EFFECTUAL, THE 
LAWS ALREADY IN BEING FOR PREVENTING THE DESTRUCTION OF 
THE FISH CALLED ALEWIVES, AND OTHER FISH. 

Whereas in and by an act made in the fifteenth year of his present Preamble, 
majesty's reign, [e][i]ntitled "An Act in addition to an act made to i'74i.42, chap. le, 
prevent the destruction of alewives, and other fish," it is provided, ^ ^* 
tliat all persons that should hereafter build any mill-dam or dams, or 
that had, before the time of passing the same, built any dam across any 
such river or stream where the salmon, shadd, alewives, or other fish, 
usually pass up into the natural ponds to cast their spawn, shall make 
or open " a sufficient passage-way for the fish to pass up such river or 
stream through or round such dam, and shall keep it open for the free 
passage of the fish, from the first day of April to the last day of May, 
annually," and also, that a sufficient water-passage round, thro^tigh'] or 
over such dam, should be made for the passage of such fish, or their 
3'oung spawn, in the season of their going down such river or stream, 
on penalty of fifty pounds for every offence ; and in and b}' an act 
made in the seventeenth 3'ear of his present majesty's reign, [e] [i]n- 
titled *' An Act in addition to an act made in the fifteenth j-ear of his 1743.44, chap. 26, 
present majesty's reign, [e][?']ntit]ed 'An Act in addition to an act ^^' 
made to prevent the destruction of the fish called alewives, and other 
fish,'" it is provided, "That it shall and may be lawful for any owner 
or occupant of any such dam or dams already built, or that may here- 
after be built, and who are or may be obliged by said additional act to 
open or leave open such passage as afores[ai]d, to apply to the next 
court of general sessions of tlie peace to be holden in and for the county 
where such mill-dam is ; and the justices of the court respectively, on 
such application, are impowered and directed to appoint a committee 
of three sufficient, and, as much as ma}' be, disinterested, persons, under 
oath to repair to the dam where such passage is proposed to be opened, 
and carefully view the same, and in the best manner they are able, to 
inform themselves of the most proper place for the passage of such fish 
up and down stream, of what dimensions the same shall be, or be 
appointed to be made, and what part of each j'ear, and how long the 
same shall be kept open, and return the same, under their hands, or the 
hands of the major part of them, to the said court for their acceptance ; 
which return so made and accepted, shall be deemed and adjudged the 
lawful rule of proceeding in making and keeping open the passage and 
passages for the fish in passing up and down the rivers and streams for 
the future, anything contained to the contrary in s[ai]d additional act 
notwithstanding," — 

And zvhereas it may happen that in some rivers or streams, across 
which dams are built, it may be doubtful whether the fish may be said ' 
usually to pass or cast their spawn, and so as to render it necessary 
that a wa}' should be left open in such dams for their free passage, and 
many inconvenienc[i]es may arise from such doubt or uncertainty, — 

Be it therefore enacted by the Governour, Council and House of Rejpre- 
sentlciti^ves, 

[Sect. 1.] That when and so often as application, shall be made to court of gen- 
the court of sessions, by the owner or occupant of any mill-dam or dams, determine°the° 
either of such dams as have no passage-way, or of such dams thvol^nghl expediency of 

, . , , , ■, , ° '' -, t -ii 1 11 dams, &c., upon 

which a passage-way has already been made, and a committee siiali the report of a 
thereupon be appointed by such court, pursuant to the last-recited act, committee. 
and such committee shall repair to any dam or dams, and it shall appear 



268 



PiioviNCE Laws.— 1745-46. 



[Chap. 20.] 



Proviso. 



Preamble. 



Further power 
of the court of 



Preamble. 



Ill what case 
mill-dam or 
dams are to be 
kept open. 



to them, upon inquiiy, tliat the fish do not, or in case of a, passage being 
made or kept open, would not, usually pass up the river or stream, 
across which such dam is or shall be built, in such numbers as that it is 
necessaiy a passage-way tl\Yo[ugh'] such dam should be made or kept 
open, or that the passing of the fish up such river will not be of greater 
general benefit than the leaving open of passage-ways in such dams 
will be of dam [?n] age to the owners of the mills, and other persons, 
then and in either of such cases, said committee shall be impowered to 
make a report that such passage-wa}^ is not necessar}-, and such report, 
being accepted by the court of sessions, the owner or occupant of such 
dam shall thereupon be freed from all obligation to make or keep open 
any passage, anything in the aforementioned acts to the contrary not- 
withstanding ; and the charge of the application that shall be made by 
the owner or occupant of any mill-dam or dams, and all proceedings of 
the court thereupon, pursuant to this act, or to the said lust-recited act, 
shall be born and paid by such owner or occupant. 

Provided always, — 

[Sect. 2.] That if, at any time after such determination, any per- 
son, apprehending it necessary that a passage-way should be opened in 
such dam, shall thereupon make application to the court of sessions, 
said court shall be impowered to appoint a new committee, who shall 
have the same power the first committee by law had, or might have had ; 
and upon such committee's reporting that a passage-way is necessary in 
such dam or dams, and the dimensions thereof, and the time it shall be 
kept open, and upon such report being accepted by the court of sessions, 
the owner or occupant of such mill or dam shall be as fully obliged to 
keep open such passage as if the former report had never been made 
and accepted, an3"thing in this act to the contrary notwithstanding ; 
the charge of such application, and all proceedings thereupon, to be 
paid b}' the person or persons making the same, or by the owner or 
occupant of such dam, as the court of sessions shall order. 

And ivhereas in some counties within this province, the justices of 
the court of sessions have refused to admit any application from the 
owner or occupant of an}- mill or mill-dam, bj' reason that such appli- 
cation has not been made at the court next immediately following the 
publication of the last-recited act, — 

Be it further enacted, 

[Sect. 3.] That the several courts of sessions within this province 
be and hereb}' are impowered and directed to admit, proceed and deter- 
mine upon any such application at any court at any time held for the 
count}^ ; and all such proceedings shall be deemed as valid to all intents 
and purposes as if they had been acted upon at the court next immedi- 
ately following the publication of said act. 

And whereas in many rivers or streams within this province, neither 
shad, salmon nor alewives usually swim, or would pass up such river or 
stream, although a passage-way was made and kept open through the 
several dams built across such rivers or streams, and the advantage of 
other fish that pass up such rivers or streams is not equal to the 
dam[9?i]age that ma}^ arise by keeping open a passage-way i\ixo[ugh'] 
such dams, — 

Be it therefore enacted, 

[Sect. 4.] That no owner or occupant of any mill-dam or dams 
built or to be built within this province, shall be liable to any penalty 
for not making or keeping open a passage-way through such dam or 
dams, except those dams onl}^ which are built across those rivers or 
streams where either of the aforementioned fish ; viz^'^., shad, salmon 
or alewives, usuall}' swim or pass ; any former law, usage or custom 
to the contrary notwithstanding. 



{Stii ttESS.j ITftoviNCE L/Aws. — 1745-46. 269 

Provided cdways, 

[Sect. 5.] Tlmt it shall be in the power of any person at any time to Application 
make api:>lication to the court of sessions, setting forth that the passage lh'7court of tes^ 
of other lish up sucli rivers or streams is of such advantage as to render eions n lating to 
a passage-way tlirough any dam or dams necessary, and the justices of '*™^' 
the court of sessions are impowered on sueli application to appoint a 
committee to repair to such dam or dams, and upon such committee's 
reporting that a passage-way or wa^'s for the fish is necessary-, the 
dimensions thereof, and the time for keeping it open, and upon such 
report's being accepted, the owner or occupant of such dam or dams 
shall be as fully obliged to make and keep open such passage-way or 
ways as if shad, salmon or alewives usuall}^ pass[e]d up such river or 
stream. 

And vhereas the mill-dam in the town of TVatertown, refer[?*e]d to Preamble. 
in the afores[ai]d act of the [15*] \_ffteentli] of his present majest}', 
has not been subjected in like manner with the other mill-dams within 
this province, — 

Be it tJierefore enacted, 

[Sect. G.] That if any person or persons whatsoever shall cause the Miii-damin 
dam of said mill to be raised, so as to prevent the passage of the fish tobl^I-a'^i^'cnni 
over the same at an}' time between the breaking up of the ice in the certain time, ex- 
winter or spring and the first day of May annuall}', and in an}- year '^^'^ ' 
hereafter, without the express leave or consent of the selectmen of the 
towns of Watertown and Newtown, ever}' person so offending shall for- 
feit and pay the sum of five pounds for each offence, to be recovered in 
any court of record proper to try the same, and for the use of him or 
them that shall inform and sue therefor. [^Passed 3Iarc7i 22, 17-45-46. 



CHAPTER 21. 

AN ACT FOR ALTERING THE TIMES FOR HOLDING THE SUPERIOUR 
COURT OF JUDICATURE, COURT OF ASSIZE, AND GENERAL GOAL DE- 
LIVERY WITHIN THE COUNTIES OF ESSEX AND YORK. 

Whereas the time by law appointed for holding the superiour courts preamble. 
for the counties of Esses and York is found on some accounts incon- 
venient, — 

Be it therefore enacted by the Governour, Council and House of Repre- 
sentatives, 

[Sect. 1.] That the superiour court of judicature, court of assize. Alteration of 
and general goal delivery, that was by law to be holden at Ipswich, for hoWingthl'^su. 
the county of Essex, on the second Tuesday of May yearly, shall be penor'court in 
held at Ipswich aforesaid, for said county of Essex, on the first Tues- £8*86X311(1 York. 
day of June yearly; and the superiour court of judicature, court of 1742-43, chap. 32, 
assize, and general goal delivery, that was by law to have been holden ^^' 
within and for the county of York, at York, on the third Wednesday in 
June yearly, shall be held at York aforesaid, for the said county of 
York, on the second Tuesday of June yearly. 

And he it further enacted, 

[Sect. 2.] That all appeals, reviews, recognizances, warrants or aii appeals 
other processes, already issued, taken, and filed, which were to be heard ,"o7i'o bc^ii"!*^ 
and tried at either of the courts aforesaid, shall not fail or be discon- continued, but 
tinned, but be obligatory, continued over, held good and valid to all 1"'°'=''"® "1'°°- 
intents and purposes in the law, and may be pleaded, heard, and pro- 
ceeded on, at the next respective courts appointed by this act to be held 



270 Province Laws.— 1745-46. [Chap. 22.] 

in the several counties aforesaid ; and all officers and other persons con- 
cerned therein are to conform themselves accordingly. 

Provided, cdso, 

[Sect. 3.] That all executions, returnable to the respective courts 
formerly established, be returned at the times therein mentioned, the 
alterations aforesaid notwithstanding. {^Passed April 26, 1746. 



CHAPTER 22. 

AN ACT FOR THE EXPLANATION AND FURTHER ENFORCEM[£.V]T OF 
THE LAWS MADE FOR THE OBSERVATION OF THE LORD'S DAY. 

Preamble. Whereas in and by an act made and pass'd in the fifteenth year of his 

1741-42, chap. 7. present majesty's reign, [e] [i]ntitled " An Act in further addition to the 
several acts for the observation and keeping of the Lord's Day," it is 
enacted, that his majesty's justices of the peace shall bind over the 
ofi"enders against that act to appear before " the next court of general 
sessions of the peace for the county where the offence shall be commit- 
ted," &c. ; and zvhereas it so happens that divers such offenders are stran- 
gers, and not inhabitants in the town where the offence is committed, nor 
of an}' other town in this province, and persons so mean and obscure that 
they cannot afterwards be found, so that without a speedy way of pro- 
ceeding against them, they will have an advantage to avoid justice, 
and with respect to such person [s] the good intent of the said law may 
be thereby wholly frustrated and defeated ; and ivJiereas a doubt has 
arisen in divers persons, who are enjoined by law to put in execution 
the laws made for the due observation of the Lord's Da}', whether the 
act above mentioned does not repeal some clauses in an act made in the 
1692.3, chap. 22. fourth year of King William and Queen Maiy, for the better observa- 
tion and keeping of the Lord's Da}', and other subsequent acts made 
for the same good purposes ; and th.Yo[^i(gJi^ these means there have 
been great neglects of prosecuting and punishing persons guilty of the 
prophanation of the Sab[&]ath ; now, to prevent the evil consequences of 
such wrong constructions of the laws in that case made and provided, — 
It is hereby declared by the Governour^ Council and House of Repre- 
sent[ati']ves, 
Precedent laws [Sect. 1.] That it is not the truc intent and meaning of the first- 
Lord" day not mention[e]d act, made in the fifteenth year of his present majesty's 
remain hi fuu I'eigu, to repeal any of the precedent laws made for the observation of 
force and virtue, the Lord's Day, Or any paragraphs or clauses thereof, but that the same 
ought to remain in full force and virtue. 
And it is hereby accordingly enacted, 

[Sect. 2.] That the s[ai]d precedent laws do and shall remain in 
full force and virtue, as if the s[cu']d act of the fifteenth year of his 
present majesty's reign had never been made : saving that by the s[a«']d 
act his majesty's justices of the peace have liberty given them to pros- 
ecute the offences therein mentioned in the manner as is therein directed, 
if they judge it will best answer the general intention of the laws for 
the better observation of the Lord's Day. [Passed April 24, 1746. 



[5th Sess.] Province Laws. — 1745-46. 271 



CHAPTER 23. 

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES AND 
DUTIES OF IMPOST AND TUNNAGE OF SHIPPING. 

We, his majesty's most loyal and dutiful subjects, the representa- 
tives of the province of the Massachusetts Bay, in New England, 
being desirous of a collateral fund and security for drawing in the 
bills of credit on this province, have chearfully and unanimously given 
and granted and do hereby give and grant unto his most excellent 
majesty to the end and use aforesaid, and for no other use, the several 
duties of impost upon wines, liquors, goods, wares and merchandize 
that shall be imported into this province, and tonnage of shipping 
hereafter mentioned ; and pray that it may be enacted, — 

And be it accordingly enacted by the Governour, Council and House 
of Representatives, 

[Sect. 1.] That from and after the last day of the last session of 
this court, and during the space of one year, and from thence to the 
end of the then next session of the general court, there shall be paid 
by the importer of all wines, liquors, goods, wares and merchandize 
that shall be imported into this province from the place of their growth 
(salt, cotton-wool, provisions, and every other thing of the growth and 
produce of New England, and and* also all prize goods condemned in 
any port of this province, excepted) , the several rates or duties of im- 
post following ; viz*., — 

For every pipe of wine of the Western Islands, eight shillings. 

For every pipe of Madeira, nine shillings and sixpence. 

For every pipe of other sorts not mentioned, nine shillings and six- 
pence. 

For every hogshead of rum, containing one hundred gallons, eight 
shillings. 

For every hogshead of sugar, sevenpence. 

For every hogshead of molasses, fourpence. 

For every hogshead of tobacco, four shillings and sixpence. 

For every ton of logwood, ninepence. 
— And so, proportionabl}', for greater or lesser quantities. 

And all other commodities, goods or merchandize not mentioned or 
excepted, fourpence for every twenty shillings value : all goods imported 
from Great Britain excepted. 

[Sect. 2.] And for any of the above wines, liquors, goods, wares, 
merchandize, &(f., that shall be imported into this province, &c^, from 
any other port than the places of their growth and produce, their shall 
be paid by the importer double the value of impost appointed by this 
act to be received for every species above mentioned, unless they do, 
bona fide, belong to the inhabitants of this province and came upon 
their risque from the port of their growth and produce. 

And be it further enacted, 

[Sect. 3.] That all the aforesaid impost rates and duties shall be 
paid in current money or bills of credit of this province of the last 
emission, by the importer of any wines, liquors, goods or merchandize, 
unto the commissioner to be appointed as is hereinafter to be directed 
for entring and receiving the same, at or before the landing 6f any 
wines, liquors, goods or merchandize : only the commissioner or receiver 
is hereby allowed to give credit to such person or persons where his 
or their duty of impost, in one ship or vessel, doth exceed the sum of 

• Sic. 



272 Province Laws.— 1745-46. [Chap. 23.] 

three pounds ; and in cases where the commissioner or receiver shall 
give credit, he shall setle and ballance his accounts with ever}' person 
on or before the last day of April, so that the same accounts may be 
ready to be presented to this court in May next after. And all entries 
where the impost or duty to be paid doth not exceed three shillings, shall 
be made without charge to the importer, and not more than sixpence 
to be demanded for any other single entry to what value soever. 

A7id be it further enacted, 

[Sect. 4.] That all masters of ships or other vessels coming into 
any harbour or port within this province from beyond sea, or from any 
other province or colony, before bulk be broken and within twenty-four 
hours after his arrival at such harbour or port, shall make a report to 
the commissioner or receiver of the impost, to be appointed as is here- 
inafter mentioned, of the contents of the lading of such ship or vessel, 
without any charge or fee to be demanded or paid for the same ; which 
report said master shall give in to the commissioner or receiver, under 
his hand, and shall therein set down and express the quantities and 
species of the wines, liquors, goods and merchandize laden on board 
such ship or vessel, with the marks and numbers thereof, and to whom 
the same is consigned ; and also make oath that the said report or mani- 
fest of the contents of his lading, so to be by him given in under his 
hand as afores'd, contains a just and true account, to the best of his 
knowledge, of the whole lading taken on board and imported in the 
said vessel from the port or ports such vessel came from, and that he 
hath not broken bulk, nor delivered an}^ of the wines, rum or other dis- 
tilled liquors or merchandize laden on board the said ship or vessel, 
directly or indirectly ; and if he shall know of any more wines, liquors, 
goods or merchandize to be imported therein, before the landing thereof 
he will cause it to be added to his manifest ; which manifest shall be 
agreable to a printed form for that purpose, which is to be filled up 
by the said commissioner or receiver according to each particular per- 
son's entry ; which oath the commissioner or receiver is hereby impow- 
ered to administer : after which said master ma}^ unload, and not before, 
on pain of five hundred pounds, to be forfeited and paid by each master 
that shall neglect his duty in this behalf. 

And he it further enacted, 

[Sect. 5.] That all merchants, factors and other persons, importers, 
. being owners thereof, or having any of the wines, liquors, goods or mer- 
chandize consigned to them, that by this act are liable to pay impost 
or duty, shall, hy themselves or order, make entry thereof in writing, 
under their hands, with the said commissioner or receiver, and produce 
unto him an invoice of all such goods as pay ad valorem, and make 
oath thereto in manner following : — 

You, A. B., do swear that the entry of the goods and merchandize by you 
now made, exhibits the i3i*esent price of said goods at this market, and that, 
bond fide, according to your best skill and judgment, it is not less than the 
real value thereof. So help you God. 

— which above oath the commissioner or receiver is hereby impowered 
to administer ; and they shall pay the duty and impost by this act re- 
quired, before such wines, liquors, goods, wares or merchandize be 
landed or taken out of the vessel in which the same shall be imported. 
[Sect. 6.] And no wines, liquors, goods, wares or merchandize 
that b}' this act are liable to pay impost or duty, shall be landed on 
any wharff, or into any warehouse or other place, but in the daytime 
only, and that after sunrise and before sunset, unless in the presence 
and with the consent of the commissioner or receiver, on pain of for- 
feiting all such wines, liquors, goods, wares and merchandize, and the 



[5th Sess.] Province Laws. — 1745-46. 273 

lighter, boat or vessel out of which the same shall be landed or put 
into any warehouse or other place. 

[Sect. 7.] And if any person or persons shall not have and pro- 
duce an invoice of the quantities of rum or liquors to him or them 
consigned, then the cask wherein the same is shall be gaged at the 
charge of the importer, that the quantities thereof may be known. 

And be it farther enacted, 

[Sect. 8.] That every merchant or other person importing any 
wines into this province shall be allowed twelve per cent for leakage : 
provided, such wines shall not have been filled up on board ; and that 
every hogshead, butt or pipe of wine that hath two parts thereof leaked 
out, shall be accounted for outs, and the merchant or importer to pay 
no duty for the same. And no master of any ship or vessel shall suffer 
any wines to be filled up on board without giving a certificate of the 
quantity so filled up, under his hand, before the landing thereof, to the 
commissioner or receiver of impost for such port, on pain of forfeiting 
the sum of one hundred pounds. 

[Sect. 9.] And if it be made to appear that any wines imported 
in any ship or vessel be decayed at the time of unlading thereof, or in 
twenty da3-s afterwards, oath being made before the commissioner or 
receiver that the same hath not been landed above that time, the duties 
and impost paid for such wines shall be repaid unto the importer thereof. 

And be it further enacted, 

[Sect. 10.] That the master of every ship or vessel importing any 
liquors, goods, wares or merchandizes, shall be liable to and shall 
paj"^ the impost for such and so much thereof contained in his manifest, 
as shall not be duly entred, nor the duty paid for the same b}^ the per- 
son or persons to whom such wines, liquors, goods, wares or merchan- 
dize are or shall be consigned. And it shall and may be lawful, to and 
for the master of every ship or other vessel, to secure and detain in his 
hands, at the owner's risque, all such wines, liquors, goods, wares or 
merchandize imported in any ship or vessel, untill he shall receive a 
certificate, from the commissioner or receiver of the impost, that the 
duty for the same is paid, and untill he be repaid his necessary charges 
in securing the same ; or such master may deliver such wines, liquors, 
goods, wares or merchandize as are not entred, unto the commissioner 
or receiver of the impost in such port, or his order, who is hereby im- 
powered and directed to receive and keep the same, at the owner's 
risque, untill the impost thereof, with the charges, be paid ; and then to 
deliver such wines, liquors, goods, wares or merchandize as such master 
shall direct. 

And be it further enacted, 

[Sect. 11.] That the commissioner or the receiver of the impost in 
each port, shall be and hereby is impowered to sue the master of any 
ship or vessel, for the impost or duty for so much of the lading of any 
wines, liquors, goods, wares or merchandize imported therein, according 
to the manifest to be by him given upon oath, as aforesaid, as shall 
remain not entred and the duty of impost thereof not paid. And where 
any goods, wares or merchandize are such as that the value thereof is 
not known, whereby the impost to be recovered of the master, for the 
same, cannot be ascertained, the owner or person to whom such goods, 
wares or merchandize are or shall be consigned, shall be summoned to 
appear as an evidence at the court where such suit for the Dmpost* and 
the duty thereof shall be brought, and be there required to make oath 
to the value of such goods, wares or merchandize. 

* Sic. 
35 



274 Province Laws.— 1745-46. [Chap. 23.} 

And be it further enacted, 

[Sect. 12.] That the ship or vessel, with her tackle, apparel and 
furniture, the master of which shall malce default in anything by this 
act required to be performed by him, shall be liable to answer and 
make good the sum or sums forfeited by such master, according to 
this act, for any such default, as also to make good the impost or 
duty for any wines, liquors, goods, wares and merchandize not entred 
as aforesaid ; and, upon judgment recovered against such master, the 
said ship or vessel, with so much of the tackle or appurtenances 
thereof as shall be sufficient to satisfy said judgment, may be taken in 
execution for the same ; and the commissioner or receiver of the im- 
post is hereby impowered to make seizure of such ship or vessel, and 
detain the same under seizure untill judgment be given in any suit to 
be commenced and prosecuted for any of the said forfeitures or impost ; 
to the intent that, if judgment be rendred for the prosecutor or in- 
former, such ship or vessel and appurtenances may be exposed to sale, 
for satisfaction thereof, as is before provided : unless the owners, or 
some on their behalf, for the releasing such ship or vessel from under 
seizure or restraint, shall give sufficient security unto the commissioner 
or receiver of impost that seized the same, to respond and satisfy the 
sum or value of the forfeiture and duties, with charges, that shall be 
recovered against the master thereof, upon suit to be brought for the 
same, as aforesaid ; and the master occasioning such loss or damage 
unto his owners, thro his default or neglect, shall be liable unto 
their action for the same. 

A7id be it further enacted, 

[Sect. 13.] That the naval officer within any of the ports of this 
province shall not clear or give passes unto any master of any ship or 
other vessel, outward bound, untill he shall be certified, by the commis- 
sioner or receiver of the impost, that the duties and impost for the goods 
last imported in such ship or vessel are paid or secured to be paid. 

[Sect. 14.] And the commissioner or receiver of the impost is hereby 
impowered to allow bills of store to the master of any ship or vessel 
importing any wines or liquors, for such private adventures as shall 
belong to the master or seamen of such ship or vessel, at the 
discretion of the commissioner or receiver, not exceeding three per 
cent of the lading ; and the duties payable by this act for such wines or 
liquors, in such bills of stores mentioned and expressed, shall be abated. 

And whereas, many persons heretofore have caused to be imported, 
from the neighbouring governments, into this province, by land-carriage, 
large quantities of wine, rum and other merchandize, subjected to duty 
by this act, but have made no report thereof to the officer of impost, or 
any of his deputies, nor have paid any duty therefor, contrary to the 
true intent and meaning of this act, — 

Be it therefore enacted, 

[Sect. 15.] That, whensoever any rum, wine or other merchandize, 
by this act subjected to any duty, shall be hereafter imported from any 
of the neighbouring governments, by land, into any town of this prov- 
ince, the owner thereof, or person importing the same, shall make 
report thereof to the said officer, or some one of his deputies, and pay 
the duties hereby required therefor, on pain and penalty of forfeiting 
the same. 

And he it further enacted, 

[Sect. 16.] That all penalties, fines and forfeitures accruing and 
arising by virtue of this act, shall be one half to his majesty for the 
uses and intents for which the aforementioned duties of impost are 
granted, and the other half to him or them that shall seize, inform and 
sue for the same, by action, bill, plaint or information, in ax\y of his 



[oTH Sess.] Pkovince Laws. — 1745-46. 275 

majesty's courts of record, wherein no essoign, protection or wager of 
law shall be allowed : the whole charge of the prosecution to be taken 
out of the half belonging to the informer. 

And be it further enacted, 

[Sect. 17.] That there shall be paid, b}" the master of every ship or 
other vessel, coming into any port or ports in this province, to trade or 
trafBck, whereof all the owners are not belonging to this province (ex- 
cept such vessels as belong to Great Britain, the provinces or colonies 
of Pensilvauia, West and East Jersey, New York, Connecticut, New 
Hampshire and Ehode Island), every voyage such ship or vessel does 
make, one pound of good pistol-powder for every ton such ship or ves- 
sel is in burthen : saving for that part which is owned in Great Britain, 
this province, or any of the aforesaid governments, which are hereby 
exempted ; to be paid nnto the commissioner or receiver of the duties 
of impost, and to be employed for the ends and uses aforesaid. 

[Sect. 18.] And the said commissioner is hereby impowered to ap- 
point a meet and suitable person, to repair unto and on board any ship 
or vessel, to take the exact measure or tonnage thereof, in case he shall 
suspect that the register of such ship or vessel doth not express and 
set forth the full burthen of the same ; the charge thereof to be paid by 
the master or owner of such ship or vessel, before she be cleared, and in 
case she shall appear to be of greater burthen : otherwise, to be paid by . 
the commissioner out of the money received by him for impost, and 
shall be allowed him, accordingly, by the treasurer, in his accounts. 
And the naval officer shall not clear any vessel, untill he be also certi- 
fied, by the commissioner, that the duty of tonnage for the same is 
paid, or that it is such a vessel for which none is payable according to 
this act. 

And be it further enacted, 

[Sect. 19.] That there be one fit person, and no more, nominated 
and appointed by this court, as a commissioner and receiver of the 
afore'*^ duties of impost and tonnage of shipping, and for the inspec- 
tion, care and managem' of the said office, and Avhatsoever relates 
thereto, to receive commission for the same from the governor or com- 
mander-in-chief for the time being, with authority to substitute and 
appoint a deputy receiver in each port, and other places besides that 
wherein he resides, and to grant warrants to such deputy receivers for 
the s*' place, and to collect and receive the impost and tunnage of ship- 
ping afores'* that shall become due within such port, and to render the 
account thereof, and to pay in the same, to the said commissioner and 
receiver : which said commissioner and receiver shall keep fair books 
of all entries and duties arising by virtue of this act ; also, a particular 
account of every vessel, so that the duties of impost and tonnage 
arising on the said vessell may appear ; and the same to lye open, at all 
seasonable times, to the view and perusal of the treasurer and receiver- 
general of this province (or any other person or persons whom this 
court shall appoint), with whom he shall account for all collections and 
pa3'ments, and pay all such money's as shall be in his hands, as the 
treasurer or receiver-general shall demand it. And the s*^ commis- 
sioner or receiver and his deputy or deputies, before their entring 
upon the execution of their office, shall be sworn to deal trulj' and 
faithfully therein, and shall attend in the said office from nine to twelve 
of the clock in the forenoon, and from two to five a-clock in the 
afternoon. 

[Sect. 20.] And the s'd commissioner and receiver, for his labour, 
care and expences in the said ofl3ce, shall have and receive, out of the 
province treasury, the sum of twentj'-five pounds, per annum ; and his 
deputy or deputies to be paid for their service such sum or sums as the 



276 Province Laws.— 17i5-46. [Chap. 23.] 

said commissioner and receiver, with the treasurer, shall agree upon, 
not exceeding seven pounds ten shillings each. And the treasurer is 
hereby ordered, in passing and receiving the said commissioner's 
accounts, accordingly, to allow the payment of such salarj' or salaries, as 
aforesaid, to himself and his deputy or deputies. [^Passed January 10, 
1745-46. 

Notes. — There were five sessions of the General Court this year; but no acts were 
passed at the third session. The engrossments of chapters 3, 8, and 11 are not in the 
Secretary's office, and are supposed tohave been destroyed in the great fire of 1747. All 
the acts of this year were printed with the sessions-acts, except chapters 1 and 23, which, 
being a tax-act and impost-act, respectively, were printed separately. 

All the acts of this year were duly certified to the Privy Council, by Governor Shirley, 
under the province seal, September 30, 1746. They were laid before the Council by Mr. 
Kilby, the agent of the province, Januaiy 1, 1746-47, and on the 27th of the some month, 
were referred to the Board of Trade. By the Board of Trade they were next submitted to 
Matthew Lamb, the successor of Mr. Fane, " for his opinion thereon in point of law." The 
letter from Thomas Hill, Secretary of the Board of Trade, transmitting the acts to Mr. 
Lamb, is dated June 18, 1747 ; and Mr. Lamb's report on these acts bears date from 
"Lincolnes Inn, 14'i> November, 1747." 

In this report, " no objection " is made to chapters 2, 3, 4, 5, 7, 9, 10, 12, 13, 14, 16, 17, 
18, 19, 20, 21, 22, 23 ; and the list is indoi'sed " No objection. With observations on some." 
These observations are given hereunder in notes to the respective chapters. 

The acts again came lip for consideration in the Board of Trade, upon the report of Mr. 
Lamb, on different days during the month of November, 1749 ; and on the 27th of that 
month, the Board agreed upon a report, in which chapters 1, 2, 3, 4, 6, 8, 10, 11, 12, 13, 14, 
15, 18, and 23 are declared to have been " for a Temporary Service and are either expired, 
or the purposes for M'hich they were enacted have been completed " ; and chapters 5, 7, 9, 
16, 19, 20,21, and 22 are declared to "relate to the CEconomy of the Province and are 
enacted for their private convenience, and We see no reason why His Majesty may not be 
graciously pleased to confirm them." The report concludes with comments on chapter 17, 
which are given in the note to that chapter, /?os^.— See, also, note to 1746-47, chapter 8, post. 

On the 14th of December, 1749, an order in Council was passed confirming chapters 5, 
7, 9, 16, 19, 20, 21, 22. 

Chap. 1. " This Act is for raiseing of money which was granted by severall former Acts 
therein mentioned." — Repoi-t of Mr. Lamb, to the Board of Trade, Mass. Bay, B. T., vol. 
72, F.f. 102, in Public-Record office. 

Chap. 6. " The method of raiseing Money in the manner mentioned in this Act is in a 
very extraordinary way but is such as has been usuall m this Province as appears by the 
Act No. l."—Ibid. 

Chap. 8. " This Act of the like extraordinary nature as the Act N^ 6." — Ibid. 

Chap. 11. " This Act of the like extraordinary nature as the Acts N"' 6 & ^."—Ibid. 

Chap. 15. " This Act of like extraordinary nature as the Acts Nos 6. 8. & \l."—Ibid. 

Chap. 17. "We must acquaint your Lordships that all the several Laws thereby 

revived have been confirmed Ijy His Majesty except that for preventing mischief by unruly 

174344, chap. 6. dogs in the island of Nantucket which Act does not appear to us to have been ever laid 

before His Majesty as it ought to have been pursuant to the directions of the Charter of 

the said Province granted by King William and Queen Mary. 

As it appears however from the annexed printed Copy of the said Act transmitted to us 
by the Secretary of the said Province that it was enacted only for their private con- 
venience. We see no reason why His Majesty may not be graciously pleased to confirm 
the above mentioned two Acts. We are 
My Lords 

Your Lordships 

most obedient and 

most humble Servants 

Dunk Halifax 

I. Pitt 

I. Grenville 

DrPPLIN 

Whitehall November 27* Y!iQ."— Report of Lords of Trade, to the Privy Council, ibid., 
»oZ. 84,j». 244, 

This report was on the above chapter, and chapter 8, of the acts of 1746-47. The act 
to prevent mischief by unruly dogs, ^c, was revived by the latter act, and hence it 
follows that the Lords of Trade were satisfied, at the date of the above report, that all 
the acts revived by the act of this year, had been confirmed by the Crown ; yet, as late as 
1754, a minute appears in the files of the Board of Trade, to the eflfect that, chapter 19 of 
the acts of 1740-41, and chapter 18, of the acts of 1742-43, had never been laid before the 
King in Council. 

Chap. 21. See note to 1747-48, chap. 15. 



ACTS, 
Passed 1746—47 



[277] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twenty-eighth day of May, A. D. 1746. 



CHAPTEE 1. 

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF TWENTY-EIGHT 
THOUSAND FOUR HUNDRED AND NINETY-NINE POUNDS SEVEN 
SHILLINGS AND SIXPENCE, IN BILLS OF CREDIT; AND ALSO FOR 
APPORTIONING AND ASSESSING A FURTHER TAX OF TWO THOUSAND 
FOUR HUNDRED AND FORTY-TWO POUNDS THREE SHILLINGS AND 
NINEPENCE, IN BILLS OF CREDIT, PAID THE REPRESENTATIVES 
FOR THEIR SERVICE AND ATTENDANCE IN THE GENERAL COURT, 
AND TRAVEL ; AND ALSO THE SUM OF ONE HUNDRED AND TWENTY- 
SEVEN POUNDS TEN SHILLINGS, FINES LAID UPON SEVERAL TOWNS 
FOR NOT SENDING A REPRESENTATIVE. 

Whereas the great and general court or assembly of the province of 
the Massachusetts Ba^^, did, at their session in May,* one thousand 1741.42, chap. 11, 
seven hundred and forty-one, pass an act for levying a tax of six thou- § •^®* 
sand six hundred and sixty-six pounds thirteen shillings and fourpence', 
in bills of credit by said act emitted ; and, at their sessioij in May,* one 1742.43, chap. 15, 
thousand seven hundred and forty-two, did pass an act for levying ^ ^" 
a tax of eight thousand pounds, in bills of credit emitted by said act ; 
and, at their session in May ,t one thousand seven hundred and forty- 1743.44, chap. 13, 
three, did pass an act for the levying a tax of two thousand five hun- § '^• 
dred and thirty- three pounds six shillings and eightpence, in bills of 
credit emitted by said act ; and, at their session in May,| in the same 1744-45, chap. 17, 
year, did pass an act for levying a tax of four thousand pounds, in bills ^ * 
of credit emitted by said act ; each of the several sums aforesaid to be 
assessed this present year, — amounting in the whole to the sum of 
thirty thousand nine hundred and sixty-six pounds thirteen shillings 
and fourpence ; and by the aforesaid acts provision was made that the 
general court might, this present year, apportion the same on the several 
towns in this province, if they thought fit : and the assembly aforesaid 
have likewise ordered that the sum of one hundred and twenty-seven 
pounds ten shillings, fines laid on several towns, and the sum of two 
thousand four hundred and forty-two pounds three shillings and sixpence, 
paid the representatives the last year, should be levyed and assessed, 
this present year, on the polls and estates of the inhabitants of the 
several towns, according to what their representatives have respectively 
received ; wherefore^ for the ordering, du-ecting, and eflectual drawing 

* Sic. — November. t October. J November, 1744, 

The sum of the taxes levied in the acts referred to above, falls short of the total sum 
apportioned in this act, by £9,76G 13s. M., which is the amount of the tax granted by 
chapter 5 of the acts of 1744-45, § 9,— a reference omitted in the above preamble, undoubt- 
edly, by mistake. 



280 Province Laws. — 1746-47. [Chap. 1.] 

the sum of thirty-thi-ee thousand five hundred and thirty-six pounds 
six shillings and tenpence, pursuant to the funds and grants aforesaid, 
into the treasury, according to the apportion now agreed to by this court, 
the sum of two thousand four hundred sixty-seven pounds five shillings 
and tenpence, arising by the duties of impost, tunnage of shipping and 
excise, first deducted, there remains the sum of thirty-one thousand and 
sixty-nine pounds one shilling, to be drawn into the treasury in the 
following manner ; viz., twenty-eight thousand four hundred and ninety- 
nine pounds seven shillings and sixpence, by a tax on polls and estates 
on the several towns, and two thousand four hundred and forty-two 
pounds three shillings and sixpence, paid the representatives the last 
year ; and the further sum of one hundred and twenty -seven pounds ten 
shillings, fines laid on several towns for not sending a representative, by 
this act, amounting in the whole to thirtj^-one thousand and sixty-nine 
pounds one shilling : all which is unanimously approved, ratified, and 
confirmed ; we, his majesty's most loyal and dutiful subjects, the repre- 
sentatives in general court assembled, pray that it maj-^ be enacted, — 

And be it accordingly enacted by the Governour, Council and House of 
Representatives, 

[Sect. 1.] That each town and district within this province be 
assessed and pay, as such town's and district's proportion of the sum 
of thu'tj'-one thousand and ^ixty-nine pounds one shilling, in bills of 
credit, as also for the fines laid on them, and their representatives' pay, 
the several sums following ; that is to say, — 



[1st Sess.] Pkovince Laws. — 1746-47. 



281 



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282 



Peovince Laws. — 1746-47. 



[Chap. I.] 



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[,lsT Sess.] province Laws. — 1746-47, 



283 



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284 



Province Laws. — 1746-47. 



[Chap. 1.] 



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[1st Sess.] Province Laws. — 1746-47. 



285 



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286 



Province Laws.— 1746-47. [Chap. 1.] 






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[1st Sess.] Province Laws. — 1746-47. 



287 



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288 Province Laws.— 1746-47. [Chap. l.J 

And be it further enacted^ 

[Sect. 2.] That the treasurer do forthwith send out Ms warrants, 
directed to the selectmen or assessors of each town or district within 
this province, requiring them, respectively, to assess the sum hereby set 
upon such town or district, in manner following ; that is to say, to 
assess all rateable male polls above the age of sixteen years, within 
their respective towns or districts, or next adjoining to them, belonging 
to no other town, at six shillings and threepence per poll, and pro- 
portionably in assessing the fines mentioned in this act, and the addi- 
tional sum received out of the treasury for the payment of the 
representatives (except the governour, lieutenant-governor and their 
families, the president, fellows and students of Harvard College, setled 
ministers and grammar-school masters, who are hereby exempted as 
well from being taxed for their polls, as for their estates being in their 
own hands and under their actual management and improvement) ; 
and other persons, if such there be, who, thro' age, infirmity or extream 
poverty, in the judgment of the assessors, are not capable to pay towards 
publick charges, they may exempt their polls, and so much of their 
estates as in their prudence they shall think fit and judge meet. 

[Sect. 3.] And the justices in the general sessions, in the respective 
counties assembled, in granting a county tax or assessment, are hereby 
ordered and directed to apportion the same on the several towns in such 
county in proportion to their province rate, exclusive of what has been 
paid out of the publick treasury to the representative of such town for 
his service; and the assessors of each town in the province are also 
directed, in making an assessment, to govern themselves by the same 
rule ; and all estates, both real and personal, lying within the limits of 
such town or district, or next unto the same, not paying elsewhere, 
in whose hands, tenure, occupation or possession soever the same is 
or shall be found, and also the incomes or profits which any person or 
persons, except as before excepted, do or shall receive from any trade, 
facult}^, business or emploj'ment whatsoever, and all profits that shall 
or may arise by money or other estate not particularly otherwise 
assessed, or commissions of profit in their improvement, according to 
their understanding and cunning, at one penny on the pound ; and to 
abate or multiply the same, if need be, so as to make up the sum set 
and ordered hereby for such town or district to pay ; and, in making 
their assessments, to estimate houses and lands at six years' income of 
, the yearly rents, in the bills last emitted, whereat the same may be 

reasonably set or let for in the place where X\ie.y lye : saving all contracts 
between landlord and tenant, and where no contract is, the landlord to 
reimburse one-half of the tax set upon such houses and lands ; and to 
estimate negro, Indian and molatto servants proportionably as other 
personal estate, according to their sound judgment and discretion ; as 
also to estimate every ox of four years old and upwards, at forty shil- 
lings in bills of the last emission ; every cow of three years old and 
upwards, at thirty shillings ; every horse and mare of tkree years old 
and upwards, at forty shillings ; every swine of one year old and up- 
wards, at eight shillings ; every goat and sheep of one year old and up- 
wards, at three shillings : likewise requiring the said assessors to make a 
fair list of the said assessment, setting forth, in distinct columns, against 
each particular person's name, how much he or she is assessed at for 
polls, and how much for houses and lands, and how much for personal 
estate, and income by trade or facult}' ; and if as guardian, or for any 
estate in his or her improvement in trust, to be distinctly express'd ; 
and the list or lists, so perfected and signed hy them, or the major part of 
them, to commit to the collectors, constable or constables of such town 
or district, and to return a certificate of the name or names of such col- 



[1st Sess.] Province Laws. — 1746-47. 289 

lectors, constable or constables, together with the sum total to each of 
them committed, unto himself, some time before the last clay of October. 

[Sect. 4.] And the treasurer for the time being, upon receipt of 
such certificate, is hereby impowered and ordered to issue forth his 
warrants to the collector, constable or constables of such town or dis- 
trict, requiring him or them, respective!}', to collect the whole of each 
respective sum assessed on each particular person, before the last 
day of May next ; and of the inhabitants of the town of Boston, some 
time in March next ; and to pay in their collection, and issue the 
accompts of the whole, at or before the last day of June, which 
will be in the year of our Lord one thousand seven hundred and forty- 
seven. 

And be it further enacted, 

[Sect. 5.] That the assessors of each town and district, respectivelj', 
in convenient time before their making the assessment, shall give sea- 
sonable warning to the inhabitants, in a town meeting, or by posting up 
notifications in some place or places in such town or district, or notify 
the inhabitants to give or bring in to the assessors true and perfect lists 
of their polls, and rateable estate, and income by trade or faculty, and 
gain b}'^ mone}^ at interest ; and if any person or persons shall neglect 
or refuse so to do, or bring in a false list, it shall be lawful to and for the 
assessors to assess such person or persons, according to their known 
ability in such town, in their sound judgment and discretion, their due 
proportion of this tax, as near as they can, agreeable to the rules 
herein given, under the penalty of twenty shillings for each person that 
shall be convicted by legal proof, in the judgment of the said assessors, 
of bringing in a false list ; the said fines to be for the use of the poor 
of such town or district where the delinquent lives, to be levied by 
warrant from the assessors, directed to the collector or constables, in 
manner as is directed for gathering town assessments, and to be paid 
in to the town treasurer or selectmen for the use aforesaid : saving to 
the party aggrieved at the judgment of the assessors in setting forth 
such fine, liberty of appeal therefrom to the court of general sessions of 
the peace within the county, for relief, as in case of being overrated. 
And if any person or persons shall not bring in a list of their estate, 
as aforesaid, to the assessors, he or they so neglecting shall not be 
admitted to make application to the court of sessions for any abate- 
ment of the assessment laid on him. 

[Sect. 6.] And if the party be not convicted of any falseness in the 
list, b}^ him presented, of polls, rateable estate, or income b}- any trade 
or faculty, business or employment, which he doth or shall exercise, or 
in gain by money at interest or otherwise, or other estate not particu- 
larly assessed, such list shall be a rule for such person's proportion to 
the tax, which the assessors may not exceed. 

And forasmuch as, ofttimes, sundry persons, not belonging to this 
province, bring considerable trade and merchandize, and by reason 
that the tax or rate of the town where they come to trade is finished and 
delivered to the constable or collector, and, before the next j-ear's as- 
sessment, are gone out of the province, and so pay nothing towards the 
support of the government, though, in the time of their residing here, 
they reaped considerable gain b}^ trade, and had the protection of the 
government, — 

Be it further enacted, 

[Sect. 7.] That when any such person or persons shall come and 
reside in any town within this province, and bring an}' merchandize, and 
trade, to deal therewith, the assessors of such town are hereby impow- 
ered to rate and assess all such persons according to their circumstances, 
pursuant to the rules and directions in this act provided, though the 

37 



290 Peovince Laws.— 1746-47. [Chap. 2.] 

former rate may have been finislied, and the new one not perfected, as 
aforesaid. 

[Sect. 8.] And the constables or collectors are hereby enjoyned 
to lev}' and collect all s\ich sums committed to them, and assessed on 
persons who are not of this province, and pay the same into the town 
treasury. 

And be it further enacted, 

[Sect. 9.] That the inhabitants of this province have libert}', if 
the}' see fit, to pay the several sums for which the}- may respectively 
be assess'd at, as their proportion of the aforesaid sum of thirty-one 
thousand and sixty-nine pounds one shilling, in bills of credit emitted 
in and since the 3'ear one thousand seven hundred and forty-one, 
according to their denominations ; or in coined silver at the rate 
of six shillings and eightpence per ounce, troy weight ; or in gold 
coin, at the rate of four jDounds eighteen shillings per ounce ; or 
in bills of credit of the middle tenor, so called, according to their 
denominations ; or in bills of the old tenor, accounting four for one ; 
or in good merchantable hemp, at fourpence per pound ; or in good, 
merchantable, Isle-of-Sable codfish, at ten shillings per quintal ; or in 
good refined bar-iron, at fifteen pounds per ton ; or in bloomery- 
iron, at twelve pounds per ton ; or in hollow iron-ware, at twelve 
pounds per ton ; or in good Indian corn, at two shillings and three- 
pence per bushel ; or in good winter r3-e, at two shillings and six- 
pence per bushel ; or in good winter wheat, at three shillings per 
bushel ; or in good barley, at two shillings per bushel ; or in good 
barrel pork, at two pounds per barrel ; or in barrel beef, at one 
pound five shillings per barrel ; or in duck or canvas, at two pounds 
ten shillings per bolt, each bolt to weigh fort3'-three pounds ; or 
in long whalebone, at two shillings and threepence per pound ; or in 
merchantable cordage, at one pound five shillings per hundred ; or in 
good train-oyl, at one pound ten shillings per barrel ; or in good 
beeswax, at tenpence per pound ; or in bayberry-wax, at sixpence 
per pound ; or in tryed tallow, at fourpence per pound ; or in good 
pease, at three shillings- per bushel ; or in good sheepswool, at nine- 
pence per pound ; or in good, tann'd sole-leather, at fourpence per pound : 
all which aforesaid commodities shall be of the produce of this prov- 
ince, and, as soon as conveniently may, be disposed of b}' the treas- 
urer to the best advantage, for so much as they will fetch in bills 
of credit, or for silver and gf)ld ; and the several persons that pay their 
taxes in an}' of the commodities afore mentioned, to run the risque and 
pay the charge of transporting the same to the province treasury. 

[Sect. 10.] And if any loss shall happen by the sale of the afore- 
said species, it shall be made good by a tax of the next }' ear ; and 
if there be a surplusage, it shall remain a stock in the treasury. 
[Passed June 26 ; published July 1. 



CHAPTEK 2. 

AN ACT TO PREVENT SOLDIERS AND SEAMEN IN HIS MAJESTY'S SER- 
VICE FROM BEING ARRESTED FOR DEBT. 

Be it enacted by the Governoitr, Council and House of Representatives, 
ccouhrco'm^ [Sect. 1.] That if an}^ person whatsoever, other than the commis- 
missary, to trust sary, shall trust or give credit to any soldier, mariner or sailor, during 
anyToidi'er!" *" his being actually in his majesty's service, for cloathing or other things 



[1st Sess.] Province Laavs. — 1746-47. * 291 

whatsoever, no process shall be granted or served on such soldier for mariner, or 
any debt so contracted until he be dismiss'd the sei'vice, and every ^eir'^being m 
writ or process granted or served .contrary hereto shall be deemed and the service, 
adjudged, ipso facto, void; and any justices of the peace within the 1744.45, chap. 3. 
county where an}' such soldier or mariner is committed or restrained 
upon process granted for debt or pretension of debt contracted as afore- 
said, shall, upon certificate given to him from the captain or chief officer 
under whose command such soldier or mariner is, setting forth that at 
the time of such debt contracted, he then was and still continues a 
soldier or mariner in his majest3''s pa}-, forthwith order his release from 
confinement and return to his duty. 

And be it further enacted, 

[Sect. 2.] That no person who is or shall be Impressed, hired or persons im- 
voluntarily inlisted into his majesty's service, either by sea or land, or^e^nfj^ted"^^' 
shall, during his continuance therein, be liable to be taken out of his either by sea or 
majesty's service hy any process or execution, unless for some criminal taken out of^the 
matter, for any sum under the value of twenty pounds, bills of credit service, unless, 
of the last emission, nor for any greater sum until oath shall be made 
by the plaintiff or plaintiffs, before one of the justices of the court out 
of which the execution or process shall issue, or before two justices of 
the peace, quorum I'.nus, in the county where the plaintiff may happen 
to be, that to his or their knowledge there is, bond fide, due from such 
person as the process or execution is desired to issue against, twenty 
pounds of the currency aforesaid at least. And every soldier whose 
body shall contrary to the intent of this act be arrested by mean pro- 
cess or execution after his inlistment into said service, may and shall 
be set at libert}' by two justices of the peace, quorum uyius, in the 
county where such soldier is taken, upon application made by him or 
his superior officer, and proof of his being entred into the service afore- 
said. 

And be it further enacted, 

[Sect. 3.] That no person in his majesty's service shall pawn, No person in 
truck, barter or sell his arms, ammunition or cloathing, on penalty of p^Vn'orTeu'^his 
being punished b}" riding the wooden horse, running the gantlet, or arms, c^-c, on 
other like military punishment, and the person accepting or receiving ^^"'^ *^ ' '^' 
the same shall be compel'd to restore and make good the same without 
price or redemption, and shall further, if in his majesty's service, suffer 
military punishment as aforesaid. 

And be it further enacted, 

[Sect. 4.] That all debts contracted for strong or spirituous Debts con- 
liquors, b}- any soldier or mariner while in his majest3''s service, shall Itrona'dwuk 
be void, and the creditor forever debarred from an}' process or benefit forfeited. 
of the law for recov^ery of the same. 

Provided ahvays, 

[Sect. 5.] That this act shall not be construed to stay the process Process not to 
of any creditor of such soldier or sailor as aforesaid, after his dismis- dlsmiSion^fiom 
sion from the said service, nor at all to stay any process or execution service, &c. 
against a defective constable or collector, for any tax or taxes commit- 
ted to him to collect. 

[Sect. 6.] This act to be in force for the space of two years from Limitation, 
the publication thereof, and no longer. [^Passed June 28 ; published 
July 1. 



292 



PkOvince Laws. — 1746-47. 



[Chap. 3.] 



CHAPTER 3. 

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF EIGHTY- 
TWO THOUSAND POUNDS, FOR CARRYING ON THE EXPEDITION PRO- 
POSED AGAINST CANADA, AND FOR DISCHARGING THE PUBLICK 
DEBTS, &c., AND FOR DRAWING IN THE SAID BILLS INTO THE TREAS- 
URY AGAIN, 



£82,000 bills of 
credit to be 
emitted. 



£5,790 for 
wages at Castle 
William and 
otlaer garrisons, 
&c. 



£16,000 for put- 
ting the prov- 
ince into a better 
posture of 
defence, &c. 



£12,000 for pay. 
ment of his 
majesty's coun- 
cil, &c. 



£1,210 for debts 
■where there is 
no establish, 
ment. 



£25,000 for the 
charges of the 
intended cxpe- 
dition against 
Canada, 



Be it enacted by the Governour, Council and' House of Representatives, 
[Sect. 1.] That the treasurer be and hereby is impowered and 
ordered to emit and issue forth the sum of eighty-two thousand pounds, 
in bills of credit of the last tenor and date, now lying in his hands and 
received in for taxes, impost and excise, which shall pass in all publick 
payments equal to other new-tenor bills emitted siuce one thousand 
seven hundred and forty, or if there shall not be a sufficiency of such 
bills, that then the committee to be appointed by this court for signing 
bills are hereby directed and impowered to take care and make effectual 
provision, as soon as may be to imprint so many as may be needed to 
compleat the said sum, and to sign and deliver the same to the treas- 
urer, taking his receipt for the same ; and the said committee shall be 
under oath for the faithful performance of the trust by this act reposed 
in them ; and the said sum of eighty-two thousand pounds shall be 
issued out of the publick treasury in manner and for the purposes fol- 
lowing ; viz., the sum of five thousand seven hundred and ninety 
pounds, part of the aforesaid sum of eighty-two thousand pounds, shall 
be applied for the payment of wages that now are or that hereafter 
may be. due by virtue of the establishment of Castle William, Frederick 
Fort, Richmond Fort, George's Truck-house, Saco Truck-house, Bruns- 
wick Fort, and the sloop in the country's service ; and the sum of six- 
teen thousand pounds, part of the aforesaid sum of eighty-two thousand 
pounds, shall be applied for putting the province into a better posture 
of defence, for compleatting the repairs at Castle William and other 
forts, for paying such officers and soldiers as have done service for the 
province whose wages are now due ; which officers and soldiers shall 
be paid out of this appropriation preferable to any other service, and 
for such officers and soldiers as are or may be in the province service 
according to the several establishments for that purpose, for purchasing 
all needful warlike stores, and for the commissary's necessary disburse- 
ments for the service of the several forts and garrisons and other forts 
within this province, pursuant to such grants as are or shall be made 
by this court for those purposes ; and the sum of twelve thousand 
pounds, part of the aforesaid sum of eightj'-two thousand pounds, shall 
be applied for the payment of his majesty's council and such other 
grants as are or shall be made by this court, and for the payment of 
stipends, bounties and prsemiums established by law, and for the pay- 
ment of all other matters and things which this court have or shall, 
either by law or orders, provide for the payment of out of the publick 
treasury, and for no other purpose whatsoever ; and the sum of twelve 
hundred and ten pounds, part of the aforesaid sum of eighty-two thou- 
sand pounds, shall be applied for the discharge of other debts owing 
from this province to persons that have served or shall serve them by 
order of this court in such matters and things where there is no estab- 
lishment, nor any certain sum assigned for such service, and for paper, 
printing and writing for this court, the surgeon of Castle William, and 
wooding of the said castle ; and the sum of twent3'--five thousand 
pounds, part of the aforesaid sum of eighty-two thousand pounds, 
shall be applied to pay the bounty and procure blankets and beds given 



[1st Sess.] Pkqvixce Laws.— 1746^47. 293 

b}' this court to encourage men to enlist into his majesty's service for 
the intended expedition against Canada ; and the sum of twenty thou- £20,000 for the 
sand pounds, part of the aforesaid sum of eighty-two thousand pounds, igainst Capl°" 
shall be applied towards defreying the charge of the late expedition Breton, 
against his majesty's enemies at Cape Breton ; and the remaining sum £2,000 for the 
of two thousand pounds, part of the aforesaid sum of eighty-two PepreJentatives. 
thousand pounds, shall be applied for the payment of the house of 
representatives, serving in the general court during their several ses- 
sions this present year. 

A7id be it further enacted, 

[Sect. 2.] That if there be a surplusage in any sum appropriated, Surplusage to 
such surplusage shall lie in the treasury for the further order of this Jry ° ^ *'"^^^' 
court. 

A7id be it further enacted, 

[Sect. 3.] Tliat each and ever}' warrant for drawing moue}' out of Warrants to 
the treasury, shall direct the treasurer to take the same out of such sums appropriations, 
as are respectively appropriated for the payment of such publick debts 
as the draughts are made to discharge ; and the treasurer is hereby 
directed aijd ordered to pa}' such money out of such appropriations as 
directed to, and no other, upon pain of refunding all such sum or sums 
as he shall otherways pa}', and to keep exact and distinct accounts of 
all payments made out of such appropriated sums ; and the secretary, 
to whom it belongs to keep the muster-rolls and accompts of charge, 
shall lay before the house, when they direct, all such muster-rolls and 
accompts, after payment thereof. 

And as a fund and security for drawing the said sum of eighty-two 
thousand pounds into the treasury again, — 

Be it further enacted, 

[Sect. 4.] That there be and hereby is granted unto his most excel- £20,000 in 1757. 
lent majesty, for the ends and uses aforesaid, a tax of twenty thousand 
pounds, to be levyed on polls, and estates both real and personal, within 
this province, according to such rules and in such proportions on the 
several towns and districts within the same, as shall be agreed upon and 
ordered by this court at their session in May, one thousand seven hun- 
dred and fifty-seven, and paid into the publick treasury on or before the 
last day of December then next after. 

And as a further fund and security for drawing the said sum of 
eighty-two thousand pounds into the treasury again, — 

Be it further enacted, 

[Sect. 5.] That there be and hereby is granted unto his most excel- £20,000 in itss. 
lent majesty, for the ends and uses aforesaid, a tax of twenty thousand 
pounds, to be levyed on polls, and estates both real and personal, 
within this province, according to such rules and in such proportions 
on the several towns and districts within the same, as shall be agreed 
upon and ordered by this court at their session in May, one thousand 
seven hundred and fifty-eight, and paid into the publick treasury on Dr 
before the last day of December then next after. 

And as a further fund and security for drawing the said sum of 
eighty-two thousand pounds into the treasury again, — 

Be it further enacted, 

[Sect. 6.] That there be and hereby is granted unto his most excels £20.000 in 1:59. 
lent majesty, for the ends and uses aforesaid, a tax of twenty thousand 
pounds, to be levyed on polls, and estates both real and personal, within 
this province, according to such rules and in such proportions on the 
several towns and districts within the same, as shall be agreed upon and 
ordered, by this court at their session in May, one thousand seven hun- 
dred and fifty-nine, and paid into the publick treasury on or before the 
last day of December then next after. 



29i . Peovince Laws.— 1746-47. [Chap. 3.] 

And as a further fund and securit}' for drawing the said sum of eightj'- 
two thousand pounds into the treasur}- again, — 
Be it further enacted, 
£20,000 in 1760. [Sect. 7.] That there be and hereb3"is granted unto his most excel- 
lent majest}^ for the ends and uses aforesaid, a tax of twenty thousand 
pounds, to be levied on polls, and estates both real and personal, within 
this province, according to such rules and in such proportions on the 
several towns and districts within the same, as shall be agreed upon and 
ordered by this court at their session in Ma}', one thousand seven hun- 
dred and sixty, and paid into the publick treasury- on or before the last 
day of December then next after. 

And as a fund and security for drawing in such sum or sums as shall 
be paid out to the representatives of the several towns, — 
Be it enacted. 
Tax to be made [Sect. 8.] That there be and hereby is granted unto his most excel- 
t'he Teprerent^' lent majesty, a tax of such sum or sums as shall be paid to the several 
atives. representatives as aforesaid, to be levied and assessed on the polls and 

estates of the inhabitants of the several towns, according to what their 
several representatives shall so receive, which sums shall be set on the 
towns in the next province tax ; and the assessors of the said towns 
shall make their assessment for this tax, and apportion the same accord- 
ing to the rules that shall be prescribed by the act of the general court 
for assessing the next province tax, and the constables in their respect- 
ive districts shall pa}' in the same when they pay in the province tax 
for the next 3'ear, of which the treasurer is hereb}' directed to keep a 
. distinct and seperate account ; and if there be any surplusage, the 
same shall lie in the hands of the treasurer for the further order of this 
court. 

And he it further enacted. 
Tax for the [Sect. 9."1 That in case the general court shall not, at their session 

money hereby . '-^r -^ ,-, -, iit i i? m ^i i 

tmitted, to be lu May, one thousand seven hundred and hity-seven, one thousand 
to'the prTcedhig scven hundred and fifty-eight, one thousand seven hundred and fifty- 
tax act, in case, nine, and one thousand seven hundred and sixty, agree and conclude 
upon an act apportioning the sum which by this act is engaged shall 
be, in those j-ears, apportioned, assessed and levied, that then and in 
such case, each town and district within this province shall pa}', by a 
tax to be levied on polls, and estates both real and personal, within 
their districts, the same proportion of the said sums as the said towns 
and districts shall have been taxed by the general court in the tax act 
then next preceeding ; and the province treasurer is hereby fully 
impowred and directed, some time in the month of June, one thousand 
seven hundred and fifty-seven, one thousand seven hundred and fifty- 
eight, one thousand seven hundred and fifty-nine, and one thousand 
seven hundred and sixty, to issue and send forth his warrants, directed 
to the assessors or selectmen of each town and district within this 
province, requiring them to assess the polls, and estates both real and 
personal, within their several towns and districts, for their respective 
part and proportion of the sum before directed and engaged to be 
assessed by this act ; and the assessors, as also persons assessed, shall 
observe, be governed by, and subject to all such rules and directions as 
shall have been given in the next preceeding tax act. 
And he it further enacted. 
Taxes to be [Sect. 10.] That the inhabitants of this province shall have liberty, 

several species if they sec fit, to pay the several sums for which they respectively may, 
herein enunaer- jn pursuaucc of this act, be asscsscd, in bills of credit of the form and 
tenor by this act emitted, or in other new-tenor bills, or, in bills of the 
middle tenor, according to their several denominations, or in bills of the 
old tenor, accounting four for one ; or in coined silver, at seven shillings 



[1st Sess.] Peovince Laws. — 1746-47. 295 

and sixpence per ounce, troy weight, of sterling alloy, or in gold coin 
proportionably ; or in merchantable hemp, flax, winter and Isle-of-Sable 
codfish, refined bar-iron, bloomer \'-iron, hollow iron-ware, Indian corn, 
rye, wheat, barley, pork, beef, duck or canvas, whalebone, cordage, 
train-oil, beeswax, ba^'berry-wax, tallow, peas, sheepswool, or tann'd 
sole-leather (the aforesaid commodities being of the produce or manu- 
factures of this province), at such moderate rates and prizes as the 
general assemblies of the 3'ears one thousand seven hundred and fift}'- 
seven, one thousand seven hundred and fifty-eight, one thousand seven 
hundred and fifty-nine, and one thousand seven hundred and sixty 
shall set them at ; the several persons pa3'ing their taxes in an}^ of the 
commodities aforementioned, to run the risque and pay the charge of 
transporting the said commodities to the province treasur}- ; but How the com. 
if the aforesaid general assemblies shall not, at their session in ™roughTinto 
May, some time before the twentieth day of June in each year, agree '^''- ti'-'asuiy are 
upon and set the aforesaid species and commodities at some certain 
price, that then the eldest councellor, for the time being of each of 
those counties in the province, of which an}" one of the councellors is 
an inhabitant, together with the province treasurer, or the major part 
of them, be a committee, who hereby are directed and fully authorized 
and impowred to do it ; and in their settling the prizes and rating the 
value of those commodities, to state so much of them, respectivel}', at 
seven shillings and sixpence as an ounce of silver will purchase at that 
time in the town of Boston, and so X)ro rata. And the treasurer is 
hereby directed to insert in the several warrants by him sent to the 
several collectors of the taxes in each year, with the names of the 
afore-recited commodities and the several prizes or rates which shall be 
set on them, either b}^ the general assembly or the committee aforesaid, 
and direct the aforesaid collectors to receive them so. 

[Sect. 11.] And the aforesaid commodities, so brought into the Treasurer to 
treasur}', shall, as soon as may be, be disposed of b}' the treasurer to commodito. 
the best advantage, for so much as they will fetch in bills of credit 
hercljy to be emitted, or for silver or gold, which silver and gold shall 
be delivered to the possessors of said bills in exchange for them ; that 
is to say, one ounce of silver coin, and so gold in proportion, for seven 
shillings and sixpence, and so pro rata for a greater or less sum ; and 
if any loss shall happen by the sale of the aforesaid species, or by any 
unforeseen accident, such deficiency shall be made good b}- a tax of the 
year next following, so as fully and effectually to call in the whole sum 
of eighty-two thousand pounds in said bills hereby ordered to be 
emitted ; and if there be a surplusage, it shall remain a stock in the 
treasury. \_Passed June 10 ; published July 1. 



CHAPTEE 4. 

AN ACT FOR GRANTING A SUM FOR THE PAY OF THE MEMBERS OF 
THE COUNCIL AND HOUSE OF REPRESENTATIVES, IN GENERAL 
COURT ASSEMBLED, AND FOR THE ESTABLISHING THE WAGES, &c., 
OF SUNDRY PERSONS IN THE SERVICE OF THE PROVINCE. 

Be it enacted by the Governour, Council and House of Representatives^ 
[Sect. 1.] That from the beginning of the present session of the Pay of the mem. 
general court, unto the end of their several sessions, till May next, counon.'*^^ 
each member of the council shall be intitled to four shillings and six- 
pence per diem, to be paid out of the publick treasury by warrant, ac- 



296 



Province Laws. — 1746-47. 



[Chap. 4.] 



Pay of tlic rep- 
rcst'iitiitives. 



Pay of the offl- 
eers and soldiers 
at Castle Will- 
iam. 



Richmond Fort. 



Tritck-hoiiBe at 
George's River. 



Brunswick Fort. 



Truck-houpc ntt 
Saco River. 



cording to the direction of the royal charter, upon certificate given by 
the secretary of the number of daj's of such member's attendance and 
travel to and from the court, twenty miles to be accounted a day's 
travel. 

And be it further enacted, 

[Sect. 2.] That each member of the house of representatives serv- 
ing the time aforesaid, shall be paid three shillings per diem, upon cer- 
tificate given by the clerk of the house of representatives of the num- 
ber of da3's of such member's attendance and travel to and from the 
court, twent}' miles to be accounted a day's travel. 

And be it further enacted, 

[Sect. 3.] That the wages of the captain of Castle William shall 
be after the rate of sixty pounds per annum, from the nineteenth day 
of November, one thousand seven hundred and fort3^-five, to the twen- 
tieth day of November, one thousand seven hundred and forty-six ; of 
the lieutenant, for that term, fort}^ pounds ; of the chaplain, forty 
pounds ; of the gunner, thirty-two pounds ten shillings ; of the gun- 
ner's mate, forty shillings per month ; of four Serjeants, each thirty 
shillings per month ; six quarter-gunners, each thirty shillings per . 
month ; of six corporals, each twent3^-six shillings and sixpence per 
month ; two drummers, each twenty-six shillings and sixpence per 
month ; of one armourer, forty shillings per month ; of one hundred 
centinels until the first day of September, and forty centinels only 
from said first day of September until the twentieth of November 
next, each twenty-two shillings and sixpence per month : for their sub- 
sistence, six shillings and threepence per week per man. 

And be it further enacted, 

[Sect. 4.] That the wages of the captain of Richmond Fort, from 
the nineteenth day of November, one thousand seven hundred and 
forty-five, to the twentieth day of November, one thousand seven hun- 
dred and fort3'-six, shall be at the rate of forty shillings per month ; of 
one Serjeant, twentj^-five shillings per month ; of one corporal, twenty- 
four shillings per month; of one armourer, thirty shillings per month ; 
and for the chaplain, twent3'-five pounds per annum ; of one interpreter, 
fifteen shillings per month, being a centinel ; and twelve centinels, 
twenty -two shillings and sixpence per month. 

And be it further enacted, 

[Sect. 5.] That the wages of the captain of the truck-house on 
George's River, from the nineteenth da3^ of November, one thousand 
seven hundred and forty-five, to the twentieth day of November, one 
thousand seven hundred and fort3'-six, shall be at the rate of fort3' shil- 
lings per month ; of one lieutenant, twenty-six shillings per month ; 
of one Serjeant, twent3'-five shillings per month ; of two corporals, 
each twenty-four shillings per month ; of thirt3^-three centinels, each 
twentj'-two shillings and sixpence per month ; of one armourer, four- 
teen shillings per month, he being lieutenant ; of one interpreter, 
thirt3' shillings per mouth ; and of the chaplain there, twent3'-five 
pounds per annum. 

And be it further enacted, 

[Sect. 6.] That the wages of the commanding officer of the fort at 
Brunswick, from the nineteenth day of November, one thousand seven 
hundred and fort3'-five, to the twentieth day of November, one thousand 
seven hundred and forty-six, shall be at the rate of forty shillings per 
month ; of eleven centinels, each twenty-two shillings and sixpence per 
month ; one serjeant, at twent3-five shillings per month. 

And be it further enacted, 

[Sect. 7.] That the wages of one serjeant at the truck-house at 
Saco, from the nineteenth daj' of November, one thousand seven hun- 



[IsT Sess."] Province Laws. — 1746-47. 297 

• 

dred and fort3'-five, to the twentieth day of November, one thousand 
seven hundred and forty-six, shall be at the rate of thirty shillings per 
mouth ; of one corporal, twenty-four shillings per month ; of twelve 
centinels, each twenty-two shillings and sixpence per month. 

And be it further enacted, 

[Sect. 8.] That the wages of the commanding officer of Frederick Frederick Fort. 
Fort, from the nineteenth day of November, one thousand seven hun- 
dred and forty-five, to the twentieth day of November, one thousand 
seven hundred and forty-six, shall be at the rate of forty shillings per 
month ; of the chaplain there, fifteen pounds per annum ; and of 
twentj'-one centinels, each at twenty-two shillings and sixpence per 
month. 

And he it further enacted, 

[Sect. 9.] That the wages of the captain of the sloop in the coun- Country's sloop. 
try's service, from the nineteenth day of November, one thousand seven 
hundred and forty-five, to the twentieth day of November, one thousand 
seven hundred and fort^'-six, shall be at the rate of four pounds per 
month ; of the mate, three pounds ten shillings per month ; of eight 
sailors, each forty shillings per month ; for the sloop, three shillings 
and ninepence per ton per month. 

And he it further enacted, 

[Sect. 10.] That before payment of any muster-roll be allowed. Oath to fee 
oath be made by the officer or person presenting such roll, that the offi- ^^ ^' '' °* 
cers and soldiers born on such roll have been in actual service for the 
whole time they stand entred thereon. [_Passed June 28 ; published 
July 1. 



CHAPTEE 5. 

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF TWENTY- 
FIVE THOUSAND POUNDS FOR TliE EXPEDITION AGAINST CANADA, 
AND FOR DRAWING IN THE SAID BILLS INTO THE TREASURY AGAIN. 

Be it enacted hy the Governour, Council and House of Representatives, 
[Sect. 1.] That the treasurer be and hereby is impowred and or- £25,000 wiis 
dered to emit and issue forth the sum of twentj^-five thousand pounds, e^t^ted? *° ^^ 
in bills of credit of the last tenor and date, now lying in his hands, and 
received for taxes, impost, and excise, which shall pass in all publick 
payments equal to other new-tenor bills emitted since one thousand 
seven hundred and forty ; or, if there be not a suflSciency of such bills, 
that then the committee to be appointed for signing bills are hereby 
directed and impowred to take care and make effectual provision, as 
soon as may be, to imprint the said bills, or so many as may be needed 
to compleat the said sum, and to sign and deliver the same to the treas- 
urer, taking his receipt for the same ; and the said committee shall be 
under oath for the faithful performance of the trust by this act reposed 
in them; and the said sum of twentj'-five thousand pounds shall be £25,000 for pw. 
issued out of the publick treasury for the purpose following ; viz., for ^j^^ons^ '^[f^g 
purchasing provisions, fitting transports, and paying advance wages of transports, pay. 
sailors in the expedition intended against Canada, and for no other use wfgesj&c!, for 
and purpose whatsoever. IxpedUioJT'^ 

And be it enacted, against Canada. 

[Sect. 2.] That if there be any surplusage in the sum appropriated j^^^p'^^^^^^^*"^ 
as aforesaid, such surplusage shall lie in the treasury for the further ury. 
order of this court. 
38 



298 Province Laavs.— 1746-47. [Chap. 5.] 

And as a fund and security for drawing the said sum of twenty-five 
thousand pounds into the treasury again, — 
Be it farther enacted^ 
£6,250 in 1757. [Sect. 3.] That there be and hereby is granted unto his most excel- 
lent majesty, for the ends and uses aforesaid, a tax of six thousand two 
hundred and fifty pounds, to be levyed on polls, and estates both real 
and personal, within this province, according to such rules and in such 
proportions on the several towns and districts within the same, as shall 
be agreed upon and ordered by this court at their session in May, one 
thousand seven hundred and fifty-seven, and paid into the publick treas- 
ury on or before the last day of December then next after. 

And as a further fund and security for drawing in the said sum of 
twenty-five thousand pounds into the treasury again, — 
Be it further enacted, 
£6,250 in 1758. [Sect. 4.] That ttfere be and hereby is granted unto his most excel- 
lent majest}', for the ends and uses aforesaid, a tax of six thousand two 
hundred and fifty pounds, to be levyed on polls, and estates both real 
and personal within this province, according to such rules and in such 
proportions on the several tovvns and districts within the same, as shall 
be agreed upon and ordered by this court at their session in May, one 
thousand seven hundred and fift3'-eight, and paid into the publick treas- 
ury on or before the last day of December then next after. 

And as a further fund and security for drawing the said sum of 
twent3'-five thousand pounds into the treasury again, — 
Be it further enacted, 
£6,250 in 1759. [Sect. 5.] That there be and hereb}'- is granted unto his most excel- 
lent majest}', for the ends and uses aforesaid, a tax of six thousand two 
hundred and fifty pounds, to be levyed on polls, and estates both real 
and personal, within this province, according to such rules and in such 
proportions on the several towns and districts within the same, as shall 
be agreed upon and ordered by this court at their session in May, one 
thousand seven hundred and fifty-nine, and paid into the publick treas- 
ury on or before the last day of December then next after. 

And as a further fund and security for drawing in the said sum of 
twenty-five thousand pounds into the treasury again, — 
Be it further enacted, 
£6,250 in 1760. [Sect, 6.] That there be and hereby is granted unto his most excel- 
lent majesty, for the ends and uses aforesaid, a tax of six thousand two 
hundred and fifty pounds, to be levied on polls, and estates both real 
and personal, within this province, according to such rules and in such 
proportions on the several towns and districts within the same, as shall 
be agreed upon and ordered by this court at their session in May, one 
thousand seven hundred and sixty, and paid into the publick treasury 
on or before the last day of December then next after. 
And be it further enacted, 
Tax for the [Sect. 7.] Tliat in case the general court shall not, at their sessions 

emi"tted, lo\e iu May, ouc thousaud seven hundred and fifty-seven, one thousand 
made according geveu hundred and fifty-eight, one thousand seven hundred and fifty- 
tax act, in case, nine, and one thousand seven hundred and sixty, agree and conclude 
upon an act apportioning the several sums which by this act is engaged 
shall be, in each of those years, apportioned, assessed and levyed, tbat 
then and in such case, each town and district within this province shall 
pay, by a tax to be levyed on the polls, and estates both real and per- 
' sonal, within their districts the same proportion of the said sums as the 

said towns and districts shall have been taxed by the general court in 
the next tax act then next preceeding ; and the province treasurer is 
hereby fully impowred and directed, sometime in the month of June in 
each of those years, one thousand seven hundred and fifty-seven, one 



[1st Sess.] Province Laws. — 1746-47. 299 

thousand seven hundred a,nd fift^'-eight, one thousand seven hundred 
and fift3--nine, and one thousand seven hundred and sixt}', to issue and 
send forth his warrants, directed to the selectmen or assessors of each 
town and district within this province, requiring them to assess the 
polls, and estates both real and personal, within their several towns and 
districts, for their respective part and proportion of the sums before 
directed and engaged by this act to be assessed ; and the assessors, as 
also persons assessed, shall observe, be governed by, and subject to all 
such rules and directions as shall have been given in the next preceed- 
iug tax act. 

And he it further enacted., 

[Sect. 8.] That the inhabitants of this province shall have libert}". Taxes to be 
if they see fit, to pay the several sums for which they respectively may, eniupede^^^^' 
in pursuance of this act, be assessed, in bills of credit of the form and iierein enumer. 
tenor by this act emitted, or in other new-tenor bills, or in bills of the "'^^*^" 
middle tenor, according to their several denominations, or in bills of 
the old tenor, accounting four for one ; or in coined silver, at seven 
shillings and sixpence per ounce, troy weight, of sterling alloy, or in 
gold coin, proportionabl}^ ; or merchantable hemp, flax, winter and 
Isle-of-Sable codfish, refined bar-iron, bloomery-iron, hollow iron-ware, 
Indian corn, rye, wheat, barle}', pork, beef, duck or canvas, whalebone, 
cordage, train-oil, beeswax, ba3'beny-wax, tallow, peas, sheepswool, or 
tann'd sole-leather (the aforesaid commodities being of the produce or 
manufactures of this province), at such moderate rates and prizes as the 
respective general assemblies of the years one thousand seven hundred 
and fifty-seven, one thousand seven hundred and fiftj'-eight, one thousand 
seven hundred and fifty-nine, and one thousand seven hundred and sixty, 
shall set them at ; the several persons paying their taxes in any of the com- 
modities aforementioned, to run the risque and pa}' the charge of trans- 
porting the said commodities to the province treasury ; but if the now the com- 
aforesaid general assemblies shall not, at their respective sessions in ™roughTinto the 
May, some time before the twentieth day of June, agree upon and set treasury are to 
the aforesaid species and commodities at some certain price, that then ^^ ^'^^^^' 
the eldest councellor, for the time being of each of those counties in 
the province, of which any one of the council is an inhabitant, together 
with the province treasurer, or the major part of them, be a committee, 
who are hereby directed and full}' authorized and impowred to do it ; 
and in their settling the prizes and rating the value of those commodi- 
ties, to state so much of them, respectivel}', at seven shillings and sis- 
pence as an ounce of silver will purchase at that time in the town of 
Boston, and so x>ro rata. And the treasurer is hereb}' directed to insert 
in the several warrants by him sent to the collectors of the taxes in 
those years, respectivel}', with the names of the afore-recited commodi- 
ties, the several rates or prices which shall be set on them by the 
general assembly or the committee aforesaid, and direct the aforesaid 
collectors to receive them so. 

[Sect. 9.] And the aforesaid commodities, so brought into the 
treasury, shall, as soon as may be, be dispos'd of by the treasurer 
to the best advantage for so much as they will fetch in bills of credit 
afore mentioned, or for silver and gold, which silver and gold shall be 
delivered to the possessor of said bills in exchange for them ; that is to 
say, one ounce of silver coin, and so gold in proportion, for seven shil- 
lings and sixpence, and so pro raid for a greater or less sum ; and if any 
loss shall happen by the sale of the aforesaid species, by any unfore-" 
seen accident, such deficionc}' shall be made good by a tax of the j'ear 
next following, so as fully and eff'ectually to call in the whole sum of 
twenty -five thousand pounds in said bills hereby 'ordered to be emitted, 
and for which a tax on polls and estates is in this act laid as a fund ; 



300 



Province Laws.— 1746-47. [Chaps. 6, 7.] 



and if there be a surplusage, it shall remain a stock in the treasury. 
\^Passecl June 13 ; published July 1. 



CHAPTER 6. 



AN ACT RELATING TO VIEWS BY A JURY, IN CIVIL ACTIONS. 

Be it enacted by the Governotir, Council and House of Representatives, 
aUow'u^oTsto [Sect. 1.] That from and after the publication of this act, in all 
have the viewof actious brought in any of his majesty's courts of record, within this 
iancfs"^&r'in pi'ovince, whcre it shall appear to the court in which such actions are 
qiiestion, and to depending, that it will be proper and necessar}^ that the jurors who are 
to try the issues in an}' such actipns should have the view of the mes- 
suages, lands or place in question, in order to their better understand- 
ing the evidence that will be given upon the trial of such issues ; in 
every such case, the respective courts in which such actions shall be 
depending may order the jury to the place in question, who, then and 
there, shall have the matters in question shewn them by two persons to 
be appointed b}' the court, and the special cost of all such views as 
allowed by the court shall, before the trial, be paid b}' the party who 
moved for the view (the adverse party not consenting thereto) , and shall, 
at tbe taxation of the bill of cost, have the same allowed him upon his 
recovering judgment on such trial ; and upon all views, with the consent 
of parties, ordered by the court, the costs thereof as allowed by the 
court, shall, before trial, be equall}' paid by the said parties ; and in the 
taxation of the bill of costs, the party recovering judgment shall have 
the sum by him paid allowed to him ; any law, usage or custom to the 
contrary notwithstanding. 

[Sect. 2.] This act to continue and be in force for the space of five 
jeaxs from the publication thereof, and to the end of the session of the 
general court next after, and no longer. \_Passed June 28 ; published 
Jidy 1. 



By whom cost 
of view is to be 
paid. 



Limitation. 



CHAPTER 7. 

AN ACT FOR HOLDING A COURT OF OYER AND TERMINER, IN AND FOR 
THE ISLAND OF NANTUCKET. 



Preamble. 



Trial of Jeremy 
Jude, &c., by 
five commis- 



"Whereas one Jerem}'- Jude, an Indian man, now stands committed 
to his majesty's goal in the island of Nantucket, charged with the 
murther of Simon Aaron, an Indian man, who ought, as the law now 
stands, to be tried b}' a special court of assize and general goal delivery, 
but forasmuch as the judges of the said court of assize and general goal 
delivery cannot attend that service, the summer months being taken up 
with the several superiour courts of judicature, courts of assize and 
general goal deliver}^, as they are now established, beside the great 
charge and trouble of the judges repairing thither, and a court of o.yer 
and terminer have and can exercise the same jurisdiction and authority 
in all capital offences, — 

Be it therefore enacted by the Governour, Council and House of Hep- 
resentatives, 

For the reasons above mentioned, and that speedy justice may be done, 
that the inquiry, hearing and trial of the said Jeremy Jude for the 



[1st Sess.] Province Laws. — 1746-47. 3Q1 

murther of the said Simon Aaron, and any other capital offences upon the 
said island of Nantucket alread}' committed, may, with all convenient 
speed, be had at Nantucket aforesaid, bj' five special commissioners of 
oyer and terminer, to be appointed b}' his excellency the goveruour, with 
the advice and consent of the council, three of whom to be a quorum ; 
any law, usage or custom to the contrary notwithstanding. [^Passed 
June 28 ; published July 1. 



CHAPTER 8. 

AN ACT FOR REVIVING AND CONTINUING THE LAWS OF THIS PROV- 
INCE IN THIS ACT MENTIONED, EXPIRED OR NEAR EXPIRING. 

Whereas an act was made and pass'd in the seventeenth j'ear of his Preamble. 
present majesty's reign, intitlcd "An Act for preventing mischief by 1743-44, chap. e. 
unrul}' dogs on the island of Nantucket" ; and another act was made 
and pass'd in the eighteenth year of his present majesty's reign, intitled 
"An Act to prevent all traiterous correspondence with his majesty's 1744.45, chap. 6. 
enemies," which laws are expired or near expiring ; and whereas the 
afores[aJ]d laws have been, by experience, found beneficial and neces- 
sary for the purposes for which they were passed, — 

Be it therefore enacted by the Governour, Council and House of Mepre- 
sentatives, 

That all and every of the aforesaid acts, and every matter and clause Revival of 
therein contained, be and hereby are revived, and shall continue and ^^^dry laws, 
remain in force until[l] the twentieth day of May, which will be in the 
year one thousand seven hundred and fifty-three, and to the end of the 
session of the ^general court then next after. ^Passed July 25 ; pub- 
lished July 28. * 



302 



Pkovince Laws. — 1746-47. 



[Chap. 9.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON THE Fourth day of August, A. D. 1746. 



CHAPTEE 9. 



£20,000 bills of 
credit to be 
emitted, for 
billeting sol- 
diers, purchas- 
ing provisions, 
&c., for the in- 
tended expedi- 
tion against 
Canada. 



Surplusage to 
lie in the treas- 
ury. 



£10,000 in' 1749. 



£10,000 in 1750. 



AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF TWENTY 
THOUSAND POUNDS FOR THE EXPEDITION AGAINST CANADA, AND 
FOR DRAWING IN THE SAID BILLS INTO THE TREASURY AGAIN. 

Be it enacted hy the Governour, Council and House of Representatives, 

[Sect. 1.] That the treasurer be and hereby is impowered and or- 
dered to emit[t] and issue forth the sum of twenty thousand pounds, in 
bills of credit of the last tenor and date, now lying in his hands and- 
received for taxes, impost, and excise, which shall pass in all publick 
payments equal to other new-tenor bills emitted since one thousand 
seven hundred and forty ; or, if there be not a sufficiency of such bills, 
that then the committee already appointed for signing bills, are hereby 
directed and impowered to take care and make effectual provision, as 
soon as may be, to imprint the said bills, or so many as may be needed 
to compleat the said sum, and to sign and deliver the same to the treas- 
urer, taking his receipt for the same, and the committee shall be under 
oath for the faithful [1] performance of the trust by this act reposed in 
them ; and the said sum of twenty thousand pounds shall be issued out 
of the publick treasury for the purpose[s] following ; vizi^'^., for billeting 
the soldiers, purchasing provisions, fitting the transports, and paying 
advance wages of sailors in the expedition intended against Canada, 
and for no other use or purpose whatsoever. 

And be it further enacted, 

[Sect. 2.] That if there be a surplusage in the sum appropriated as 
aforesaid, such surplusage shall l[y][i]e in the hands of the treasurer 
for the further order of this court. 

And as a fund and security for drawing the said sum of twenty thou- 
sand pounds into the treasury again, — 

Be it further enacted, 

[Sect. 3.] That there be and hereby is granted unto his most excel- 
lent majest}', for the ends and uses aforesaid, a tax of ten tliousand 
pounds, to be levied on polls, and estates both real and personal, 
within this province, according to such rules and in such proportions 
on the several towns and districts within the same, as shall be agreed 
upon and ordered by this court at their session in May, one thousand 
seven hundred and forty-nine, and paid into the publick treasury on or 
before the last day of December then next after. 

And as a further fund and security for drawing the said sum of 
twenty thousand pounds into the treasury again, — 

Be it farther enacted. 

[Sect. 4.] That there be and hereby is granted unto his most excel- 
lent majesty, for the ends and uses aforesaid, a tax of ten thousand 



[2d Sess.] Province Laws.— 1746-47. 303 

pounds, to be levied on polls, and estates both real and personal, 
within this province, according to such rules and in such proportions 
on the several towns and districts within the same, as shall be agreed 
upon and ordered by this court at their session in May, one thousand 
seven hundred and fifty, and paid into the publick treasury on or before 
the last day of December then next after. 

And be it further enacted^ 

[Sect. 5.] That in case the general court shall not, at their sessions Tax for the 
in Ma}', one thousand seven hundred and forty-nine, and one thousand ^i"ted'\"b^e'^ 
seven hundred and fifty, agree and conclude upon an act apportioning made according 
the several sums which by tliis act is engaged, shall be in each of those tax^^^h^case.^ 
years apportioned, assessed, and levied, that then and in such case each 
town and district within tliis province shall pay by a tax to be levied 
on polls, and estates both real and personal, within their districts, the 
same proportion of the said sums as the said towns and districts shall 
have been taxed by the general court in the tax act then next preceed- 
ing ; and the province treasurer is hereby directed and fully impowered, 
some time in the month of June in each of those years, one thousand 
seven hundred and fort3-nine, and one thousand seven hundred and 
fifty, to issue and send forth his warrants, directed to the selectmen or 
assessors of each town and district within this province, requiring them 
to assess the polls, and estates both real and personal, within their sev- 
eral towns and districts, for their respective part and proportion of the 
sums before directed and engaged by this act to be assessed ; and the 
assessors, as also persons assessed, shall observe, be goyerned by, and 
subject to all such rules and directions as shall have been given in the 
next preceeding tax act. 

And be it further enacted, 

[Sect. 6.] That the inhabitants of this province shall have liberty. Taxes to be paid 
if the}^ see fit, to pay the several sums for which they respectively may, gpeci^es heieln 
in pursuance of this act, be assessed, in bills of credit of the form and enumerated. 
tenor by this act emitted, or in other new-tenor bills, or in bills of the 
middle tenor, according to their several denominations, or in bills of 
the old tenor, accounting four for one ; or in coined silver, at seven 
shillings and sixpence per ounce, tro}^ weight, of sterling alio}', or in 
gold coin, proportionably ; or in merchantable hemp, flax, winter and 
Isle-of-Sable codfish, refined bar-iron, bloomery-iron, hollow iron-ware, 
Indian corn, rj'e, wheat, barle}^, pork, beef, duck or canvas, whalebone, 
cordage, train-oil, beeswax, bayberr3'-wax, tallow, pease, sheepswool, or 
tann'd sole-leather (the aforesaid commodities being of the produce or 
manufactures of this province) , at such moderate rates and prices as 
the respective general assemblies of the years one thousand seven hun- 
dred and forty-nine, [and] one thousand seven hundred and fifty, shall 
set[t] them at ; the several persons paying their taxes in any of the 
commodities afore mentioned, to run the risque and pay the charge of 
transporting the said commodities to the province treasury'' ; but if the How the com- 
aforesaid general assemblies shall not, at their respective sessions in brought* into the 
Maj', some time before the twentieth day of June, agree upon and treasury are to 
set[t] the aforesaid species and commodities at some certain price, 
that then the eldest counc[i][e]ll[e] [o]r, for the time being, in each of 
those counties in the province, of which any one of the council is an 
inhabitant, together with the province treasurer, or the major part of 
them, be a committee, who are hereby directed and fully impowered and 
authorized to do it ; and in their set[^]ling the prices and rating the 
value of those commodities, to state so much of them, respectivelj-, at 
seven shillings and sixpence as an ounce of silver ^yIU purchase at the 
time in the town of Boston, and so pro rata. And the treasurer is 
hereby directed to insert in the several warrants by him sent to the 



304 Province Laws.— 1746-47. [Chap. 9.] 

collectors of the taxes in those years, respectively, with the names of 
the afore-recited commodities, the several rates or prices which shall be 
set on them, either by the general assembly or the committee aforesaid, 
and direct the aforesaid collectors to receive them so. 

[Sect. 7.] And the aforesaid commodities, so brought into the 
treasury, shall, as soon as may be, be disposed of by the treasurer to 
the best advantage for so much as they will fetch in bills of credit afore 
mentioned, or for silver or gold, which silver and gold shall be deliv- 
ered to the possessor of said bills in exchange for them ; that is to say, 
one ounce of silver coin, and so gold in proportion, for seven shillings 
and sixpence, and so pro rata for a greater or less sum ; and if an}'^ loss 
shall happen by the sale of the aforesaid species, or by any unforeseen 
accident, such d[i][e][f]flc[^■]ency shall be made good by a tax of the 
year next' following, so as fully and effectually to call in the whole sum 
of 'twenty thousand pounds in said bills hereby ordered to be emitted, 
and for which a tax on polls and estates is in the act laid as a fund ; 
and if there be a surplusage, it shall remain a stock in the treasury. 
\_P(Xssed August 15 ; published August 19. 



[3d Sess.] Pkovince Laws.— 1746-47. 305 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twenty-seventh day of August, A. D. 

CHAPTEE 10. 

AN ACT IN FURTHER ADDITION TO AN ACT INTITLED " AN ACT FOR 

HIGHWAYS." 

Whekeas in and by an act made in the twelfth year of the reign of Preamble. 
her late majesty, Queen Ann, intitled "An Act in addition to the law ins-w, chap. 8. 
of this province, intitled ' An Act for highways,' made in the fifth year 
of the reign of the late King William and Queen Mar}-," provision is 
made for the laying out particular private ways between any inhabitants 
or proprietors within their respective towns to or for any original lot, 
but no power or liberty is therein given for the laying out any such way 
to any tract of land that is not an original lot, -which is oftentimes 
equally necessary ; wherefore, — 

Be it enacted by the Governour, Council and House of Representatives, 

[Sect. 1.] That the selectmen of each town respectively, and in selectmen, and 
case of their delay or refusal, his majesty's justices of the peace within ^^J^^^-^ "U'lus. 
the several counties of this province, at any of their general sessions, tices, em- 
be and hereby are fully authorized and impowered, by themselves or ourhfghway^.^ 
others, to lay out, or cause to be laid out, particular or private wa3-s as 
shall be thought necessarj^, to or for any tract of land not an original 
lot, as they are by said act of Queen Ann[e], for an original lot ; under 
the same regulations and restrictions, and observing the same rules as 
are therein specified, directed and provided. 

[Sect, 2.] This act to continue in force for the space of three years Limitation. 
from the publication thereof, and from thence to the end of the next 
session of the general court, and no longer. [^Passed and published 
/September 13.* 



CHAPTER 11. 

AN ACT TO PREVENT THE FIRING OF GUNS CHARGED WITH SHOT[T] 
OR BALL IN THE TOWN OF BOSTON. 

Whereas by the indiscreet firing of guns laden with shot[t] and ball Preamble. 
within the town and harbour of Boston, the lives and limbs of many 1T13.14, chap, 
persons have been lost, and others have been in great danger, as well 
as other dammage has been sustained ; for the prevention thereof for 
the future, — 

* The bill was passed to be enacted, by both branches, August 12, but was signed by the 
Govemor as above, and was printed with the acts of this session. 
39 



306 



Peovince Laws. — 1746-47. [Chap. 12.] 



Be it enacted by the Governour, Council and House of Representatives, 

^r'oflMoade^d' [Sect. 1.] That no person or persons, from and after the publica- 

cannon. tion of this act, shall presume to discharge or fire off any cannon laden 

with shot[tl, from any wharf [/]e or vessel in that part of the harbour 

of said town which is above the castle, on pain of forfeiting the sum of 

fifteen pounds for each gun so fired or discharged ; one moiety of said 

penalty to be to and for the use of the poor of said town of Boston, and 

the other moiety to him or them who shall inform, complain and sue for 

the same, to be recovered b}'^ action, bill, plaint or information, before 

an}' of his majesty's courts of record within the county of Suffolk ; and 

upon refusal thereof, such person shall suffer three months' imprison- 

m[en]t without bail or mainprize. 

A^id be it further enacted. 

Penalty for dis. [Sect. 2.] That no pcrson shall, from and after the publication of 

or pistol^ foaded ^his act, discharge any gun or pistol, charged with shot[t] or ball, in the 

with shot or town of Bostou (the islands thereto belonging excepted), or in any part 

of the harbour between the castle and said town, on pain of forfeiting 

forty shillings [for] each gun or pistol so fired or discharged, to be 

recovered before one or more of his majesty's justices of the peace for 

the county of Suffolk, and disposed of in manner as aforesaid ; or shall 

■ suffer ten days' imprisonment. And for the more effectual conviction 

of any person or persons so offending, it shall be lav/ful for any person 

to seize and take into custody any gun so fired off, and deliver the same 

to one of the next justices of the peace in said town of Boston, in order • 

to its being produced at time of trial. 

Provided, nevertheless, — 

[Sect. 3.] That this law shall not be so construed or understood as 
to prevent soldiers, in their common-training da3's, with the leave and by 
order of the commission oflTicers of the company to which they belong, 
or other persons, at other times, with the leave of one or more of the 
field-officers of the regiment in Boston, from firing at a mark or 
target[t], for the exercise of their skill and judgment, provided it be 
done at the lower end of the common ; nor from firing at a mark, from 
the several batteries in the town of Boston, with the leave of the 
captain-general, and nowhere else. 

[Sect. 4.] This law to continue and be in force for the space of 
three years, and no longer. \_Passed and published September 13. 



Proviso. 



Limitation. 



CHAPTER 12. 

AN ACT IN ADDITION TO THE SEVERAL ACTS FOR THE BETTER REG- 
ULATING THE INDIANS. 



Preamble. "Whereas the scveral laws already in force are insufficient for the 

well regulating of the Indian natives of this province in their several 
plantations, — 

Be it enacted bij the Governour, Council, and House of Representatives, 

[Sect. 1.] That there be three proper persons appointed, for the 

future, hy this court, near to every Indian plantation in this province, 

guardians to the ornardiaus to the said Indians in their respective plantations, who are 

respective plan- hereby imp